Federal

E-BRIDGE Act

Source: Congress.gov · 1,208 words in original text

What This Bill Does

This bill creates a new grant program to help communities build high-speed internet networks. The program adds a broadband deployment initiative to an existing economic development law, allowing the federal government to award grants for projects that bring fast internet service to areas that need it.

Who It Affects

Public-private partnerships (private businesses working with government agencies), nonprofit organizations, eligible recipients under the existing economic development law, the Federal Communications Commission, the National Telecommunications and Information Administration, the Secretary of Agriculture, the Appalachian Regional Commission, and communities seeking broadband service.

Key Provisions

* The Secretary may award grants to eligible recipients for broadband projects, which include planning, land acquisition, and building or improving broadband facilities and equipment (Sec. 219(b)(1)). * When reviewing grant applications, the Secretary must consider geographic diversity and underserved markets, and must request data from multiple federal agencies about existing and planned broadband service in the proposed service area (Sec. 219(b)(2) and (b)(3)). * For public-private partnerships and consortiums, the Secretary must require that public agencies or nonprofit organizations hold the title to any real or personal property purchased with grant money for the useful life of the project (Sec. 219(b)(4)). * Companies may compete to provide goods or services for broadband projects even if they helped develop the project or write the specifications for what is needed (Sec. 219(b)(5)). * Grant recipients may grant options to third parties to purchase broadband project property after the federal government releases its interest in that property (Sec. 219(b)(6)).

What Changes

The Public Works and Economic Development Act of 1965 is amended to include a new section creating the High-Speed Broadband Deployment Initiative. This allows the Secretary to award grants specifically for broadband projects that were not eligible under the previous law.

Important Definitions

* Broadband project: Planning, purchasing land, or acquiring, designing, building, improving or expanding facilities used to provide, extend or improve high-speed broadband service. * Eligible recipient: Public-private partnerships (cooperation between government and private business) and consortiums (groups formed together) that include at least one eligible recipient and one for-profit organization, in addition to other eligible recipients defined in the original law. * High-speed broadband: Two-way data transmission with sufficient speeds in both directions to allow people to participate effectively in the economy and support economic growth, as determined by the Secretary.

Effective Date

These changes apply only to amounts of money appropriated (officially set aside) on or after the date this bill is signed into law (Sec. 3).

IIB 118TH CONGRESS 2D SESSION H. R. 1752 IN THE SENATE OF THE UNITED STATES MARCH 12, 2024 Received; read twice and referred to the Committee on Environment and Public Works AN ACT To amend the Public Works and Economic Development Act of 1965 to provide for a high-speed broadband de- ployment initiative. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 2 HR 1752 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Eliminating Barriers 2 to Rural Internet Development Grant Eligibility Act’’ or 3 the ‘‘E-BRIDGE Act’’. 4 SEC. 2. HIGH-SPEED BROADBAND DEPLOYMENT INITIA- 5 TIVE. 6 (a) IN GENERAL.—Title II of the Public Works and 7 Economic Development Act of 1965 (42 U.S.C. 3141 et 8 seq.) is amended by adding at the end the following: 9 ‘‘SEC. 219. HIGH-SPEED BROADBAND DEPLOYMENT INITIA- 10 TIVE. 11 ‘‘(a) DEFINITIONS.—In this section: 12 ‘‘(1) BROADBAND PROJECT.—The term 13 ‘broadband project’ means, for the purpose of pro- 14 viding, extending, expanding, or improving high- 15 speed broadband service to further the goals of this 16 Act— 17 ‘‘(A) planning, technical assistance, or 18 training; 19 ‘‘(B) the acquisition or development of 20 land; or 21 ‘‘(C) the acquisition, design and engineer- 22 ing, construction, rehabilitation, alteration, ex- 23 pansion, or improvement of facilities, including 24 related machinery, equipment, contractual 25 rights, and intangible property. 26 VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 3 HR 1752 RFS ‘‘(2) ELIGIBLE RECIPIENT.— 1 ‘‘(A) IN GENERAL.—The term ‘eligible re- 2 cipient’ means an eligible recipient. 3 ‘‘(B) INCLUSIONS.—The term ‘eligible re- 4 cipient’ includes— 5 ‘‘(i) a public-private partnership; and 6 ‘‘(ii) a consortium formed for the pur- 7 pose of providing, extending, expanding, or 8 improving high-speed broadband service 9 between 1 or more eligible recipients and 1 10 or more for-profit organizations. 11 ‘‘(3) HIGH-SPEED BROADBAND.—The term 12 ‘high-speed broadband’ means the provision of 2-way 13 data transmission with sufficient downstream and 14 upstream speeds to end users to permit effective 15 participation in the economy and to support eco- 16 nomic growth, as determined by the Secretary. 17 ‘‘(b) BROADBAND PROJECTS.— 18 ‘‘(1) IN GENERAL.—On the application of an el- 19 igible recipient, the Secretary may make grants 20 under this title for broadband projects, which shall 21 be subject to the provisions of this section. 22 ‘‘(2) CONSIDERATIONS.—In reviewing applica- 23 tions submitted under paragraph (1), the Secretary 24 shall take into consideration geographic diversity of 25 VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 4 HR 1752 RFS grants allocated, including consideration of under- 1 served markets, in addition to data requested in 2 paragraph (3). 3 ‘‘(3) DATA REQUESTED.—In reviewing an ap- 4 plication submitted under paragraph (1), the Sec- 5 retary shall request from the Federal Communica- 6 tions Commission, the Administrator of the National 7 Telecommunications and Information Administra- 8 tion, the Secretary of Agriculture, and the Appa- 9 lachian Regional Commission data on— 10 ‘‘(A) the level and extent of broadband 11 service that exists in the area proposed to be 12 served; and 13 ‘‘(B) the level and extent of broadband 14 service that will be deployed in the area pro- 15 posed to be served pursuant to another Federal 16 program. 17 ‘‘(4) INTEREST IN REAL OR PERSONAL PROP- 18 ERTY.—For any broadband project carried out by an 19 eligible recipient that is a public-private partnership 20 or consortium, the Secretary shall require that title 21 to any real or personal property acquired or im- 22 proved with grant funds, or if the recipient will not 23 acquire title, another possessory interest acceptable 24 to the Secretary, be vested in a public partner or eli- 25 VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 5 HR 1752 RFS gible nonprofit organization or association for the 1 useful life of the project, after which title may be 2 transferred to any member of the public-private 3 partnership or consortium in accordance with regu- 4 lations promulgated by the Secretary. 5 ‘‘(5) PROCUREMENT.—Notwithstanding any 6 other provision of law, no person or entity shall be 7 disqualified from competing to provide goods or serv- 8 ices related to a broadband project on the basis that 9 the person or entity participated in the development 10 of the broadband project or in the drafting of speci- 11 fications, requirements, statements of work, or simi- 12 lar documents related to the goods or services to be 13 provided. 14 ‘‘(6) BROADBAND PROJECT PROPERTY.— 15 ‘‘(A) IN GENERAL.—The Secretary may 16 permit a recipient of a grant for a broadband 17 project to grant an option to acquire real or 18 personal property (including contractual rights 19 and intangible property) related to that project 20 to a third party on such terms as the Secretary 21 determines to be appropriate, subject to the 22 condition that the option may only be exercised 23 after the Secretary releases the Federal interest 24 in the property. 25 VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 6 HR 1752 RFS ‘‘(B) TREATMENT.—The grant or exercise 1 of an option described in subparagraph (A) 2 shall not constitute a redistribution of grant 3 funds under section 217. 4 ‘‘(c) NON-FEDERAL SHARE.—In determining the 5 amount of the non-Federal share of the cost of a 6 broadband project, the Secretary may provide credit to- 7 ward the non-Federal share for the present value of allow- 8 able contributions over the useful life of the broadband 9 project, subject to the condition that the Secretary may 10 require such assurances of the value of the rights and of 11 the commitment of the rights as the Secretary determines 12 to be appropriate.’’. 13 (b) CLERICAL AMENDMENT.—The table of contents 14 in section 1(b) of the Public Works and Economic Devel- 15 opment Act of 1965 (42 U.S.C. 3121 note; Public Law 16 89–136) is amended by inserting after the item relating 17 to section 218 the following: 18 ‘‘Sec. 219. High-speed broadband deployment initiative.’’. VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS 7 HR 1752 RFS SEC. 3. APPLICABILITY. 1 The amendments made by this Act shall only apply 2 to amounts appropriated on or after the date of enactment 3 of this Act. 4 Passed the House of Representatives March 11, 2024. Attest: KEVIN F. MCCUMBER, Clerk. VerDate Sep 11 2014 01:37 Mar 13, 2024 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1752.RFS H1752 ssavage on LAPJG3WLY3PROD with BILLS

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