Generating Resilient and Energy Efficient Network Communications Act or the GREEN Communications Act
This bill establishes a program and sets out other requirements for federal agencies concerning the efficiency and resiliency of communications infrastructure.
Specifically, the National Telecommunications and Information Administration (NTIA) must competitively award grants and revolving loans to public or private providers, operators, or owners of communications networks or communications infrastructure for efficiency and resiliency projects. The NTIA must also (1) develop best practices concerning energy-efficient and carbon-neutral communications infrastructure, and (2) annually report on the energy efficiency and greenhouse gas emissions of communications infrastructure and certain network outages.
Additionally, the Federal Communications Commission (FCC) must establish a framework to promote resilient communications networks and communications infrastructure. The FCC must consult with specified federal entities on the framework. The FCC must also
The bill also requires the Department of Energy to report on the projected growth of electrical consumption of, and recommendations for energy efficiency standards for, data centers in the United States.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8178 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8178
To require the Assistant Secretary of Commerce for Communications and
Information to carry out a grant and revolving loan program to provide
funding for projects to increase the resiliency and energy efficiency
of communications networks, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 22, 2022
Ms. Clarke of New York (for herself, Mr. Huffman, Mr. McGovern, Mr.
Tonko, and Mr. McEachin) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To require the Assistant Secretary of Commerce for Communications and
Information to carry out a grant and revolving loan program to provide
funding for projects to increase the resiliency and energy efficiency
of communications networks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Generating Resilient and Energy
Efficient Network Communications Act'' or the ``GREEN Communications
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Communications infrastructure.--The term
``communications infrastructure'' means any equipment, tower,
support structure, facility, product, or technology that is
essential to the operation of a communications network.
(4) Communications network.--The term ``communications
network'' means--
(A) a broadband network;
(B) a cellular network;
(C) a telephone network;
(D) a cable system;
(E) a network that is primarily used for public
safety or first responder communications; or
(F) a network that provides any other
communications or telecommunications service.
(5) Communications network outage.--The term
``communications network outage'' means an outage with respect
to a communications network that results in the disruption of
services provided by the communications network.
(6) Covered efficiency project.--The term ``covered
efficiency project'' means, with respect to action taken by an
eligible entity--
(A) the purchase or upgrading of equipment or
technology, including an electrical or thermal
monitoring system, that is demonstrated to increase the
energy efficiency of communications infrastructure;
(B) the installation or upgrading of permanent
solar panels, wind turbines, combined heat and power
technology, or other renewable energy generators that
are used in communications infrastructure, or at a data
center, provided, operated, or owned by the eligible
entity;
(C) entering into a partnership with an energy
utility company to purchase land for renewable energy
infrastructure, or to construct renewable energy
infrastructure, that will be used to power a data
center, an internet exchange point, or communications
infrastructure provided, operated, or owned by the
eligible entity;
(D) the reduction of water consumption for cooling
a data center, or operating other communications
infrastructure, provided, operated, or owned by the
eligible entity, in an area that is likely to
experience drought;
(E) the study of ways to make a communications
network provided, operated, or owned by the eligible
entity, or communications infrastructure provided,
operated, or owned by the eligible entity, more energy
and resource efficient;
(F) the study, including through pilot projects, of
green technologies to make a communications network
provided, operated, or owned by the eligible entity
more energy and resource efficient; or
(G) any other type of project carried out by the
eligible entity that the Assistant Secretary determines
will promote the adoption of energy efficient,
renewable energy, and carbon-neutral technologies and
practices with respect to communications networks, or
communications infrastructure, provided, operated, or
owned by the eligible entity.
(7) Covered resiliency project.--The term ``covered
resiliency project'' means, with respect to action taken by an
eligible entity--
(A) the construction of communications
infrastructure to be provided, operated, or owned by
the eligible entity in a location that is not
vulnerable to projected severe effects with respect to
extreme weather, natural disasters, or climate change-
related events, including sea-level rise, flooding, and
increased risk of wildfire;
(B) the relocation of communications infrastructure
provided, operated, or owned by the eligible entity to
a location that is less vulnerable to projected severe
effects with respect to extreme weather, natural
disasters, or climate change-related events, including
sea-level rise, flooding, and increased risk of
wildfire;
(C) the reinforcement, hardening, or replacement of
communications infrastructure provided, operated, or
owned by the eligible entity in a location that is
increasingly vulnerable to projected severe effects
with respect to extreme weather, natural disasters, or
climate change-related events, including sea-level
rise, flooding, and increased risk of wildfire;
(D) the construction of a fortification, such as a
sea wall or embankment, or the development of green
infrastructure solutions, such as wetlands or drainage
ponds, to protect communications infrastructure
provided, operated, or owned by the eligible entity
from projected severe effects with respect to extreme
weather, natural disasters, or climate change-related
events, including sea-level rise, flooding, and
increased risk of wildfire;
(E) the undertaking of research with respect to
communications infrastructure provided, operated, or
owned by the eligible entity to identify
vulnerabilities of that infrastructure to climate
change based on the best available data, analysis, and
projections regarding that change, including sea-level
rise projections, 100-year floodplain maps, and heat
and temperature projections;
(F) the undertaking of research (using the best
available data, analysis and projections regarding
tectonic science and structural engineering) with
respect to communications infrastructure provided,
operated, or owned by the eligible entity to identify
vulnerabilities, or the susceptibility, of that
communications infrastructure to damage caused by
natural disasters;
(G) the purchase of renewable energy or low-
emission backup generators, fuel cells, or batteries to
maximize the likelihood that communications
infrastructure provided, operated, or owned by the
eligible entity can continue operating in the event of
an electrical system outage, without regard to whether
the eligible entity is required to provide such backup
power with respect to that communications
infrastructure;
(H) the purchase of cooling equipment or
insulation, or the development of green infrastructure,
to protect communications infrastructure provided,
operated, or owned by the eligible entity from extreme
heat events;
(I) the piloting of technologies to make a
communications network provided, operated, or owned by
the eligible entity more resilient through energy
efficient and low carbon emission measures;
(J) in order to facilitate faster detection of, or
response to, a communications network outage with
respect to a communications network provided, operated,
or owned by the eligible entity--
(i) the training of employees of the
eligible entity relating to such a detection or
response;
(ii) the conducting of communications
network outage tests or simulations;
(iii) the participation in communications
network outage tests or simulations, including
those administered by local, State, or Federal
governmental entities; or
(iv) the purchase of equipment or
technology relating to such a detection or
response, including communications
infrastructure (including deployable
communications infrastructure) that can
expedite the restoration of communications or
telecommunications services after such a
communications network outage;
(K) the undertaking of research to develop
technologies that can expedite the restoration of
communications or telecommunications services after an
outage with respect to communications infrastructure
provided, operated, or owned by the eligible entity;
(L) the construction, purchase, relocation,
reinforcement, or replacement of communications
infrastructure provided, operated, or owned by the
eligible entity in order to minimize the risk of a
communications network outage caused by an affirmative
power shut-off by a utility; or
(M) any other type of project carried out by the
eligible entity that the Assistant Secretary determines
will increase the resiliency of a communications
network or communications infrastructure provided,
operated, or owned by the eligible entity with respect
to--
(i) severe weather;
(ii) natural disasters; and
(iii) climate change-related events,
including extreme weather events, droughts,
coastal and inland flooding, sea level rise,
increased storm surge, wildfires, mudslides,
and extreme temperatures.
(8) Data center.--The term ``data center'' means a
centralized location at which computing and networking
equipment is concentrated for the purpose of collecting,
storing, processing, distributing, or allowing access to large
amounts of electronic data.
(9) Eligible entity.--The term ``eligible entity'' means
any private or public entity, including a State, local, or
Tribal government, that provides, operates, or owns a
communications network or communications infrastructure.
(10) Natural disaster.--The term ``natural disaster''
includes a natural event that is not related to climate change,
including an earthquake, a tornado, a hurricane, a volcanic
eruption, a solar flare, a geomagnetic disturbance, and an
electromagnetic pulse.
(11) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
SEC. 3. FINANCIAL ASSISTANCE FOR COMMUNICATIONS NETWORK RESILIENCY AND
ENERGY EFFICIENCY.
(a) In General.--
(1) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Assistant Secretary shall establish
a program in the NTIA (referred to in this section as the
``Program'') through which the Assistant Secretary, subject to
the other provisions of this section, shall competitively award
grants and revolving loans to eligible entities to carry out
covered efficiency projects and covered resiliency projects.
(2) Preliminary rulemaking.--Before accepting applications
for a grant or a revolving loan under the Program, the
Assistant Secretary shall, under section 553 of title 5, United
States Code, and after consultation with eligible entities and
the Secretary of Homeland Security, conduct a rulemaking to
develop a process for--
(A) identifying proprietary and confidential
information contained in such an application; and
(B) handling and protecting information described
in subparagraph (A).
(b) Application Process.--
(1) In general.--Subject to paragraph (2), an eligible
entity seeking a grant or a revolving loan under the Program
shall submit to the Assistant Secretary an application at such
time, in such manner, and containing such information as the
Assistant Secretary may require.
(2) Minimum requirements.--An application submitted by an
eligible entity under paragraph (1) shall contain, at a
minimum, and to the extent applicable--
(A) with respect to a covered efficiency project--
(i) an overview of the energy sourcing of
the communications infrastructure or other
equipment that is the subject of the project;
and
(ii) a description of how the grant or
revolving loan sought by the eligible entity
will improve the energy or resource efficiency
of the communications infrastructure or other
equipment that is the subject of the project;
and
(B) with respect to a covered resiliency project--
(i) a description of the current, as of the
date on which the application is submitted,
resiliency efforts of the eligible entity with
respect to the communications infrastructure or
communications network that is the subject of
the project;
(ii) a description of the specific
vulnerability of, or threat of disruption to,
the communications infrastructure or
communications network that is the subject of
the project;
(iii) a description of how the grant or
revolving loan sought by the eligible entity
will improve the resiliency of the
communications infrastructure or communications
network that is the subject of the project;
(iv) a statement that the project meets all
applicable local, State, Tribal, and Federal
zoning and environmental requirements; and
(v) a description of how the project will
integrate with local or regional strategic
planning efforts, if applicable.
(c) Funding Prioritization.--In selecting projects for which
funding will be provided under the Program, the Assistant Secretary
shall give priority to--
(1) covered efficiency projects that--
(A) will be carried out in, or primarily benefit,
areas in which--
(i) the median household income is below
150 percent of the Federal poverty level; or
(ii) a majority of the residents are
members of a racial or ethnic minority group;
(B) have the greatest demonstrated impact on energy
efficiency; or
(C) demonstrate the greatest overall projected
reductions in greenhouse gas emissions; and
(2) covered resiliency projects that--
(A) will be carried out in, or primarily benefit,
areas--
(i) in which the median household income is
below 150 percent of the Federal poverty level;
(ii) in which a majority of the residents
are members of a racial or ethnic minority
group;
(iii) in which rural features or sparse
populations limit other investments with
respect to the resiliency of communications
networks; or
(iv) that are highly vulnerable to events
relating to severe weather, natural disasters,
or climate change-related events, as determined
by the Assistant Secretary after--
(I) consulting with the
Administrators of the Federal Emergency
Management Agency, the National Oceanic
and Atmospheric Administration, and the
Environmental Protection Agency, using
the best data available to those
officials; and
(II) obtaining input from operators
of communications networks regarding
the types of events that are most or
least impactful to those communications
networks; or
(B) utilize green infrastructure or renewable
energy solutions, including by piloting new green
solutions that will affirmatively increase the
resiliency of communications infrastructure or
communications networks provided, operated, or owned by
the eligible entity.
(d) Conditions on Financial Assistance.--
(1) Covered efficiency project.--An eligible entity to
which funding is made available under the Program with respect
to a covered efficiency project shall, to the extent
applicable--
(A) not later than 1 year after the date on which
the eligible entity receives the funding, and annually
thereafter until the completion of the covered
efficiency project, submit to the Assistant Secretary a
report that describes, for the year covered by the
report, the electrical consumption, by source, of the
communications infrastructure or other property that is
the subject of the project, which shall identify the
percentage of that consumption that comes from fossil
fuels and from renewable energy sources; and
(B) complete a clean energy review--
(i) the components of which shall be
established by the Secretary of Energy, in
consultation with the Administrator of the
Environmental Protection Agency--
(I) through rulemaking under
section 553 of title 5, United States
Code; and
(II) after developing a process, in
consultation with eligible entities,
for--
(aa) identifying
proprietary and confidential
information contained in such a
review; and
(bb) handling and
protecting information
described in item (aa); and
(ii) which shall include--
(I) the energy consumption patterns
of the eligible entity; and
(II) the steps taken by the
eligible entity, or the steps that the
eligible entity will take, to achieve a
goal of net-zero carbon emissions with
respect to the communications
infrastructure, and communications
networks, provided, operated, or owned
by the eligible entity.
(2) Covered resiliency project.--An eligible entity to
which funding is made available under the Program with respect
to a covered resiliency project shall, to the extent
applicable--
(A) beginning not later than 60 days after the date
on which the eligible entity receives the funding,
register and participate in the Disaster Information
Reporting System operated by the Commission, including
by subsequently reporting, during times of emergency,
the operational status of communications infrastructure
operated by the eligible entity;
(B) not later than 1 year after the date on which
the eligible entity receives the funding, and annually
thereafter until the completion of the covered
resiliency project, submit to the Commission a report
that, to the extent applicable, contains, with respect
to communications infrastructure provided, operated, or
owned by the eligible entity--
(i) the number, duration, and frequency of
communications network outages experienced as a
result of an outage with respect to, or other
failure of, that infrastructure within a
certain time period, as determined by the
Commission;
(ii) the specific cause of each
communications network outage described in
clause (i);
(iii) the number of consumers affected by
each communications network outage described in
clause (i);
(iv) the extent to which first responders
were affected by each communications network
outage described in clause (i);
(v) the total number of communications
network outages annually experienced with
respect to that infrastructure that are
attributable to severe weather, natural
disasters, and climate change-related events
and the number of consumers affected by those
outages;
(vi) the extent of any reduction of
communications network performance caused by a
communications network outage with respect to
that infrastructure;
(vii) the amount of time between the start
of each communications network outage with
respect to that infrastructure and detection of
the outage;
(viii) the amount of time between the
detection of each communications network outage
with respect to that infrastructure and the
initiation of any response to mitigate the
effects of the outage;
(ix) the amount of time required to fully
restore services after a communications network
outage with respect to that infrastructure; and
(x) any other information that the
Commission determines is necessary to achieve
the objectives described in section 4(a)(2);
and
(C) complete a communications resiliency review--
(i) the components of which shall be
established by the Commission, in consultation
with the Assistant Secretary--
(I) through rulemaking under
section 553 of title 5, United States
Code; and
(II) after developing a process, in
consultation with eligible entities,
for--
(aa) identifying
proprietary and confidential
information contained in such a
review; and
(bb) handling and
protecting information
described in item (aa); and
(ii) which shall include, to the extent
applicable--
(I) the analysis of the eligible
entity with respect to the
vulnerabilities of communications
infrastructure provided, operated, or
owned by the eligible entity with
respect to severe weather, natural
disasters, and climate change-related
events;
(II) a description of steps taken
by the eligible entity, or steps that
the eligible entity will take, to
address the vulnerabilities described
in subclause (I); and
(III) the number of projected
potential users of the communications
network or communications
infrastructure provided, operated, or
owned by the eligible entity that may
be affected by the vulnerabilities
described in subclause (I).
(e) Consultation With Relevant Agencies.--In establishing and
carrying out the Program, the Assistant Secretary may consult and
coordinate, as needed, with the Commission, the Secretary of Commerce,
the Secretary of Energy, the Administrator of the Environmental
Protection Agency, the Administrator of the Federal Emergency
Management Agency, and the head of any other Federal agency with
relevant subject matter expertise.
(f) Authorization of Appropriations; Minimum Expenditures.--
(1) In general.--There are authorized to be appropriated to
the Assistant Secretary $5,000,000,000 to carry out the
Program, which shall remain available until expended.
(2) Minimum expenditures; administrative costs.--Of the
amounts made available to carry out the Program, the Assistant
Secretary shall--
(A) use not less than 25 percent to provide
assistance to eligible entities to carry out covered
efficiency projects;
(B) use not less than 25 percent to provide
assistance to eligible entities to carry out covered
resiliency projects; and
(C) set aside not more than 2 percent to cover
costs relating to administration, research, training,
and staff, including--
(i) the detailing of employees from other
Federal agencies; and
(ii) the appointment of experts in the
fields of infrastructure resiliency, climate
science, clean energy, and energy efficiency.
SEC. 4. REGULATORY FRAMEWORK.
(a) Communications Network Resiliency Framework.--
(1) Establishment.--The Commission, in consultation with
the Assistant Secretary, the Administrator of the Federal
Emergency Management Agency, and the Director of the National
Institute of Standards and Technology, shall issue rules under
section 553 of title 5, United States Code, to establish a
communications network resiliency framework to promote
resiliency with respect to communications networks and
communications infrastructure.
(2) Objectives.--The objectives of the framework
established under paragraph (1) shall be the following:
(A) To minimize the number of communications
network outages.
(B) To minimize the length of communications
network outages.
(C) To minimize the number of consumers affected by
communications network outages.
(D) To mitigate the reduction in communications
network performance caused by communications network
outages.
(E) To encourage the adoption of equipment,
policies, and procedures to prepare for communications
network outages.
(F) To promote the detection of, and response to,
communications network outages in a timely manner.
(G) To anticipate and prepare for long-term
disruptions to communications networks that are caused
by severe weather, natural disasters, or climate
change.
(H) To support and address the communications needs
of first responders involved in detecting, managing,
and responding to--
(i) severe weather events, natural
disasters, and climate change-related events;
and
(ii) communications network outages caused
by the events described in clause (i).
(3) Commission discretion.--In carrying out this
subsection, the Commission may, after providing public notice
and an opportunity to comment, establish minimum performance
criteria or target goals with respect to the resiliency of
communications networks and communications infrastructure.
(b) Agency Responsibilities.--
(1) FCC responsibilities.--
(A) Resiliency mapping feasibility report.--
(i) In general.--The Commission shall--
(I) in consultation with the
Assistant Secretary and the
Administrators of the National Oceanic
and Atmospheric Administration, the
Environmental Protection Agency, and
the Federal Emergency Management
Agency, complete a study (and submit to
Congress a report regarding) the
feasibility of establishing and
maintaining a map that shows projected
risks to communications infrastructure
as a result of events relating to
severe weather, natural disasters, and
climate change; and
(II) include in the report required
under subclause (I) recommendations
regarding--
(aa) which Federal agency,
or combination of Federal
agencies, is best equipped to
conduct the mapping described
in that subclause;
(bb) how the mapping
described in that subclause
could--
(AA) incorporate
the information
obtained from eligible
entities under the
program carried out
under section 3; and
(BB) be coordinated
with, and connected to,
other broadband mapping
efforts of the
Commission; and
(cc) how to protect and
secure any sensitive
information relating to, or
stemming from, the mapping
described in that subclause.
(ii) Authorization of appropriations.--
There are authorized to be appropriated to the
Commission such sums as may be necessary to
carry out clause (i).
(B) Technical assistance.--
(i) In general.--The Commission, in
consultation with the Assistant Secretary,
shall provide technical assistance and
resources to--
(I) any public or private domestic
entity seeking to understand, with
respect to a communications network (or
communications infrastructure)
provided, operated, or owned by that
entity, the vulnerability or
susceptibility of the network or
infrastructure with respect to severe
weather, natural disasters, or climate
change; and
(II) any State or local government
seeking to understand the vulnerability
or susceptibility with respect to
severe weather, natural disasters, or
climate change of a communications
network that--
(aa) is located within the
jurisdiction of that
government; and
(bb) is not operated by
that government.
(ii) Scope of assistance.--In providing the
technical assistance under clause (i), the
Commission shall only provide technical
assistance and resources related to mitigating
vulnerabilities in a communications network (or
communications infrastructure) and is not
required to provide technical assistance or
resources on separate matters related to
climate change.
(C) NORS.--After providing public notice and an
opportunity to comment, the Commission shall update the
Network Outage Reporting System to include a broadband
network outage as a required reporting incident.
(2) NTIA responsibilities.--
(A) Energy and efficiency best practices.--
(i) In general.--The Assistant Secretary,
in consultation with other Federal agencies
(including the Commission, the Department of
Energy, the Environmental Protection Agency,
and the Federal Energy Regulatory Commission),
and after obtaining input from communications
service providers and other interested members
of the public, shall make available on a
publicly available website a list of best
practices for public and private partners to
operate energy efficient and carbon-neutral
communications infrastructure.
(ii) Contents.--The list of best practices
described in clause (i) may include--
(I) suggested technical standards
for improving energy efficiency with
respect to the use and transmission of
electronic data, including the
implementation of more efficient
compression and transmission algorithms
and signal types;
(II) renewable energy sourcing
guidelines; and
(III) guidelines for internet
service providers to report to
consumers the energy consumption of
those consumers alongside the data use
of those consumers.
(B) Reporting.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Assistant Secretary, in consultation with the
Commission, the Administrator of the Federal Emergency
Management Agency, and the Administrator of the
Environmental Protection Agency, and after providing
public notice and an opportunity to comment, shall
submit to Congress, and make available on a publicly
available website, a report that, at a minimum--
(i) contains data demonstrating, for the
year covered by the report and the year
preceding the year covered by the report--
(I) the number of communications
network outages that are attributable
to severe weather, natural disasters,
and climate change-related events (and
the number of consumers affected by
those communications network outages);
(II) any shifts in the energy
consumption patterns of communications
networks and communications
infrastructure; and
(III) any reduction in greenhouse
gas emissions from communications
networks and communications
infrastructure; and
(ii) provides the most up-to-date projected
risks to communications infrastructure because
of severe weather, natural disasters, and
climate change-related events.
(3) Department of energy.--Not later than 1 year after the
date of enactment of this Act, the Secretary of Energy, in
consultation with the Administrator of the Energy Information
Administration, the Administrator of the Environmental
Protection Agency, and the Federal Energy Regulatory
Commission, shall submit to Congress a report that--
(A) indicates the projected growth of electrical
consumption by data centers in the United States; and
(B) includes recommendations for implementing
energy efficiency standards for data centers that
would--
(i) limit the growth described in
subparagraph (A) to the greatest extent
practicable without--
(I) reducing the rate of broadband
adoption and usage in the United
States; or
(II) limiting the development of
new and improved technologies or
services; and
(ii) encourage the rapid adoption of
renewable energy sources.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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