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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3565 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 3565
To amend the Infrastructure Investment and Jobs Act to authorize the
use of remaining funds under the Broadband Equity, Access, and
Deployment Program for competitive subgrants to support the success of
the broadband deployment projects funded by that program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 18, 2025
Mr. Wicker (for himself and Mrs. Capito) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To amend the Infrastructure Investment and Jobs Act to authorize the
use of remaining funds under the Broadband Equity, Access, and
Deployment Program for competitive subgrants to support the success of
the broadband deployment projects funded by that program, 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 ``Supporting U.S. Critical
Connectivity and Economic Strategy and Security for BEAD Act'' or the
``SUCCESS for BEAD Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Grant funds allocated to an eligible entity under
section 60102 of the Infrastructure Investment and Jobs Act (47
U.S.C. 1702) that remain after the eligible entity's final
proposal is approved should be used to enhance and sustain the
success of the broadband deployment projects approved pursuant
to that proposal.
(2) Strengthening the telecommunication infrastructure of
the United States, including high-capacity fiber and network
interconnection, and developing an adequate, targeted workforce
are essential to deploying and scaling artificial intelligence
(commonly referred to as ``AI'') technologies, which are
critical for maintaining United States leadership in emerging
technologies.
(3) Federal broadband investments to modernize and harden
the networks of the United States, including the 9-1-1
networks, are also vital for public safety and national
security.
(4) The People's Republic of China is investing heavily in
AI and advanced network infrastructure and workforce training,
presenting a geopolitical and technological challenge to the
leadership of the United States that warrants action.
SEC. 3. BEAD SUBGRANTS FOR PUBLIC SAFETY, NATIONAL SECURITY, WORKFORCE
DEVELOPMENT, AND MEANINGFUL USE OF AI-SUPPORTIVE
TELECOMMUNICATIONS INFRASTRUCTURE.
(a) In General.--Section 60102 of the Infrastructure Investment and
Jobs Act (47 U.S.C. 1702) is amended--
(1) in subsection (a)(2)--
(A) by redesignating subparagraphs (I) through (N)
as subparagraphs (P) through (U), respectively;
(B) by redesignating subparagraph (H) as
subparagraph (N);
(C) by redesignating subparagraph (G) as
subparagraph (K);
(D) by redesignating subparagraphs (E) and (F) as
subparagraphs (H) and (I), respectively;
(E) by redesignating subparagraphs (A) through (D)
as subparagraphs (C) through (F), respectively;
(F) by inserting before subparagraph (C), as so
redesignated, the following:
``(A) 9-1-1 request for emergency assistance.--The
term `9-1-1 request for emergency assistance' means a
communication, such as voice, text, picture,
multimedia, or any other type of data, that is sent to
an emergency communications center for the purpose of
requesting emergency assistance.
``(B) Artificial intelligence.--The term
`artificial intelligence' has the meaning given the
term in section 5002 of the National Artificial
Intelligence Initiative Act of 2020 (15 U.S.C.
9401).'';
(G) by inserting after subparagraph (F), as so
redesignated, the following:
``(G) Commonly accepted standards.--The term
`commonly accepted standards' means the technical
standards followed by the communications industry for
network, device, and Internet Protocol connectivity
that--
``(i) enable interoperability; and
``(ii) are--
``(I) developed and approved by a
standards development organization that
is accredited by an American standards
body (such as the American National
Standards Institute) or an equivalent
international standards body in a
process that--
``(aa) is open for
participation by any person;
and
``(bb) provides for a
conflict resolution process;
``(II) subject to an open comment
and input process before being
finalized by the standards development
organization;
``(III) consensus-based; and
``(IV) made publicly available once
approved.'';
(H) by inserting after subparagraph (I), as so
redesignated, the following:
``(J) Emergency communications center.--
``(i) In general.--The term `emergency
communications center' means--
``(I) a facility that--
``(aa) is designated to
receive a 9-1-1 request for
emergency assistance; and
``(bb) performs 1 or more
of the functions described in
clause (ii); or
``(II) a public safety answering
point, as defined in section 222 of the
Communications Act of 1934 (47 U.S.C.
222).
``(ii) Functions described.--The functions
described in this clause are the following:
``(I) Processing and analyzing 9-1-
1 requests for emergency assistance and
information and data related to such
requests.
``(II) Dispatching appropriate
emergency response providers.
``(III) Transferring or exchanging
9-1-1 requests for emergency assistance
and information and data related to
such requests to or with 1 or more
other emergency communications centers
or emergency response providers.
``(IV) Analyzing any communications
received from emergency response
providers.
``(V) Supporting incident command
functions.'';
(I) by inserting after subparagraph (K), as so
redesignated, the following:
``(L) Interoperability.--The term
`interoperability' means the capability of emergency
communications centers to receive 9-1-1 requests for
emergency assistance and information and data related
to such requests, such as location information and
callback numbers from a person initiating the request,
then process and share the 9-1-1 requests for emergency
assistance and information and data related to such
requests with other emergency communications centers
and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors.
``(M) Internet exchange point.--The term `internet
exchange point' means a physical building and related
infrastructure that--
``(i) enables internet service providers,
transport networks, mobile networks, content
delivery networks, artificial intelligence
systems, and other network operators to
directly interconnect and exchange data traffic
among their networks;
``(ii) provides neutral, nondiscriminatory
access to all network operators in good
standing under published and reasonable rates
and terms with no requirement for the purchase
of network services as a condition of access;
and
``(iii) provides access to a shared
internet exchange (commonly known as an `IX')
switching fabric that enables participating
networks to establish Border Gateway Protocol
sessions, whether directly between participants
or through a shared route server.''; and
(J) by inserting after subparagraph (N), as so
redesignated, the following:
``(O) Next generation 9-1-1.--The term `Next
Generation 9-1-1' means an Internet Protocol-based
system that--
``(i) ensures interoperability;
``(ii) is secure;
``(iii) employs commonly accepted
standards;
``(iv) enables emergency communications
centers to receive, process, and analyze all
types of 9-1-1 requests for emergency
assistance;
``(v) acquires and integrates additional
information useful to handling 9-1-1 requests
for emergency assistance; and
``(vi) supports sharing information related
to 9-1-1 requests for emergency assistance
among emergency communications centers and
emergency response providers.'';
(2) in subsection (c)(5)(C)--
(A) by striking clause (ii);
(B) by striking ``Reallocation to other eligible
entities.--'' and all that follows through ``The
Assistant Secretary'' and inserting ``Reallocation to
other eligible entities due to application failures.--
The Assistant Secretary'';
(C) by redesignating subclauses (I) and (II) as
clauses (i) and (ii), respectively, and adjusting the
margins accordingly; and
(D) in clause (ii), as so redesignated, by striking
``subclause (I) of this clause'' and inserting ``clause
(i) of this subparagraph'';
(3) in subsection (e)(4)(A)(i), in the matter preceding
subclause (I), by striking ``approvals'' and inserting
``approves''; and
(4) in subsection (f)--
(A) by striking paragraphs (3) through (6);
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting
the margins accordingly;
(C) in subparagraph (A), as so redesignated, by
adding ``and'' at the end;
(D) in subparagraph (B), as so redesignated, by
striking the semicolon at the end and inserting a
period;
(E) by striking ``An eligible entity may use grant
funds received under this section to competitively
award subgrants for--'' and inserting the following:
``(1) Permissible uses.--An eligible entity may use grant
funds received under this section to competitively award
subgrants for--''; and
(F) by adding at the end the following:
``(2) Use of remaining amounts for projects relating to ai-
supportive telecommunications infrastructure, workforce
development, public safety, and national security.--
``(A) Definitions.--In this paragraph:
``(i) Eligible project.--The term `eligible
project' means a project for--
``(I) the construction of --
``(aa) lit or dark fiber
that is to be made available on
a wholesale basis;
``(bb) conduit systems,
manholes, in-line amplifier
facilities, and related
infrastructure;
``(cc) carrier-neutral
internet exchange points;
``(dd) mobile wireless
communications infrastructure;
``(ee) facilities that
house workforce development
programs narrowly targeted to
address worker shortages in the
telecommunications,
cybersecurity, artificial
intelligence, and electrical
distribution sectors, to the
extent such programs promote or
facilitate the deployment of
broadband infrastructure;
``(ff) submarine cable
systems;
``(gg) carrier-neutral
submarine cable landing
stations;
``(hh) mobile wireless
communications infrastructure
on educational facilities,
including those on Tribal
lands, that increases coverage,
capacity, resiliency, or
security capabilities of
connectivity for public safety
purposes; or
``(ii) a combination of
infrastructure described in any
of items (aa) through (hh);
``(II) the planning and
implementation of workforce development
programs narrowly targeted to address
worker shortages in the
telecommunications, artificial
intelligence, and electrical
distribution sectors, to the extent
such programs promote or facilitate the
deployment or meaningful use of
broadband infrastructure;
``(III) the planning,
implementation, or maintenance of Next
Generation 9-1-1 in emergency
communications centers;
``(IV) data collection, mapping,
and planning;
``(V) resources for tools,
personnel, systems, training, or
technical assistance to accelerate,
streamline, or improve the efficiency
of permitting processes necessary for
broadband deployment; and
``(VI) any use determined necessary
by the Assistant Secretary to
facilitate the goals of the Program.
``(ii) Remaining amounts.--The term
`remaining amounts', with respect to the
allocations to an eligible entity under
subsection (c), means any amounts remaining
from those allocations upon approval of the
eligible entity's final proposal under
subsection (e)(4).
``(B) Use of remaining amounts.--
``(i) Subgrant program.--Notwithstanding
any other provision of this section, an
eligible entity shall use all remaining amounts
to establish a competitive subgrant program to
support 1 or more eligible projects.
``(ii) Noncompetitive subgrants to
workforce development boards.--If an eligible
entity wishing to support an eligible project
described in subparagraph (A)(i)(II) (relating
to workforce development programs) has a
workforce development board, the eligible
entity may satisfy clause (i) of this
subparagraph by awarding a subgrant to the
workforce development board without conducting
a competitive subgrant program.
``(C) Prohibited use of funds.--A subgrant awarded
under subparagraph (B) may not be used for the
construction, operation, or expansion of a data center
that has the primary purpose of processing and storing
digital information.
``(D) Priority.--In awarding subgrants under
subparagraph (B), an eligible entity shall prioritize
proposals that--
``(i) develop infrastructure described in
subparagraph (A) in 1 or more regions that are
unserved or underserved by such infrastructure,
including on Tribal lands;
``(ii) are strategically critical for
public safety, national security, or economic
development;
``(iii) produce a qualified workforce to
support the telecommunications, cybersecurity,
artificial intelligence, and electrical
distribution sectors, to the extent such
proposals promote or facilitate the deployment
or meaningful use of broadband infrastructure;
``(iv) directly support enhanced
connectivity to, or network capabilities of,
military installations, national laboratories,
or other relevant Federal facilities, including
facilities of the National Oceanic and
Atmospheric Administration;
``(v) advance the cybersecurity or
meaningful use of projects for which such
subgrants are awarded;
``(vi) support direct network
interconnection between edge artificial
intelligence data centers and local networks,
including internet service providers, mobile
networks, and research and education networks;
``(vii) enhance the network capacity,
resiliency, hardening, or geographic reach of
telecommunications backbone infrastructure; and
``(viii) accomplish 2 or more of the
objectives described in clauses (i) through
(vii).
``(E) Limited operational expenses.--A subgrant
awarded under subparagraph (B) may include funding for
reasonable projected operations and maintenance
expenses for a period of 24 months after completion of
the project, not to exceed 15 percent of the amount of
the subgrant.
``(F) Matching requirement.--
``(i) Amount.--Notwithstanding any other
provision of this section, in awarding
subgrants under subparagraph (B), other than a
subgrant awarded for an eligible activity
described in subparagraph (A)(i)(III), an
eligible entity shall require a subgrantee to
provide a contribution of not less than 25
percent of project costs.
``(ii) Waiver.--Upon request by a
subgrantee, an eligible entity may reduce or
waive the required matching contribution under
clause (i).
``(iii) Source of match.--A matching
contribution under clause (i) may include in-
kind contributions made by a subgrantee or a
third-party entity.
``(G) Interstate projects.--Two or more eligible
entities may execute memoranda of agreement between or
among one another to facilitate subgrant awards under
subparagraph (B) for eligible projects that span 2 or
more eligible entities.
``(H) Challenge process for eligible fiber
infrastructure projects.--
``(i) In general.--A subgrant awarded by an
eligible entity under subparagraph (B) for the
construction of lit or dark fiber that is to be
made available on a wholesale basis, as
described in subparagraph (A)(i)(I), shall be
subject to a mandatory public challenge process
administered by the eligible entity.
``(ii) Public notice and challenge
window.--Before awarding a subgrant described
in clause (i), an eligible entity shall--
``(I) make the proposed project
routes and other relevant attributes
available on a publicly accessible
website maintained by the eligible
entity for a period of not less than 14
days (in this subparagraph referred to
as the `public notice and challenge
window'); and
``(II) allow for the submission of
challenges during the public notice and
challenge window on the grounds that
the proposed project constitutes
overbuilding.
``(iii) Criteria for valid challenges.--A
proposed project described in clause (i) may
only be challenged under clause (ii)(II) if the
challenger demonstrates that--
``(I) a substantially similar fiber
route already exists between defined
locations;
``(II) the existing fiber route is
available to wholesale customers on
comparable terms and conditions,
including price, capacity, and service
level agreements;
``(III) the existing infrastructure
meets the same intended use as the
proposed project, including latency,
resiliency, and interconnection
capabilities; and
``(IV) the proposed project does
not substantially improve resilient,
redundant, or alternative connection
paths.
``(iv) Determination.--
``(I) In general.--Upon receipt of
a timely challenge under clause
(ii)(II), an eligible entity shall
conduct a review and issue a final
determination as to the validity of the
challenge not later than 30 days after
the close of the public notice and
challenge window.
``(II) Factors for determination.--
An eligible entity shall base a final
determination under subclause (I) on a
holistic review of route similarity,
capacity, availability, service
offerings, pricing, and strategic
justification.
``(v) Transparency required.--An eligible
entity shall publish a summary of each
challenge received under clause (ii)(II) and
the corresponding final determination issued
under clause (iv)(I), including the rationale
for any decision to uphold or reject the
challenge.
``(vi) Limitation.--The existence of any
fiber route that is not made available on
reasonable wholesale terms, or that does not
meet the intended purpose or technical
performance of the proposed project, shall not
be grounds for a valid challenge under clause
(ii)(II).
``(I) Rule of construction regarding next
generation 9-1-1.--Nothing in this paragraph, including
the authority to use remaining amounts for the
planning, implementation, or maintenance of Next
Generation 9-1-1 in emergency communications centers as
described in subparagraph (A)(i)(III), shall be
construed to expand or otherwise modify the definition
of the term `originating service provider' in section
9.28 of title 47, Code of Federal Regulations (or any
successor regulation).
``(J) Rule of construction regarding unspent
funds.--Nothing in this section shall be construed to
limit or prevent an eligible entity from returning to
the Treasury any amounts allocated to the eligible
entity under subsection (c) that are not spent.''.
(b) Waiver on Build America, Buy America.--Section 60102(i) of the
Infrastructure Investment and Jobs Act (47 U.S.C. 1702(i)) is amended--
(1) by striking ``The Assistant Secretary'' and inserting
the following:
``(1) Authority to issue regulations.--The Assistant
Secretary''; and
(2) by adding at the end the following:
``(2) Applicability of build america buy america act
waiver.--The notice of final waiver issued by the Assistant
Secretary, titled `Limited General Applicability
Nonavailability Waiver of the Buy America Domestic Content
Procurement Preference as Applied to Recipients of Broadband
Equity, Access, and Deployment Program', effective on February
22, 2024, may not be revised or rescinded.''.
(c) Guidance to Eligible Entities.--
(1) In general.--Not later than 30 days after the date of
enactment of this Act, the Assistant Secretary of Commerce for
Communications and Information shall issue any guidance
necessary to implement the amendments made by subsection (a),
consistent with the purposes of this Act.
(2) Coordination with secretary of labor.--In the case of
guidance described in paragraph (1) that pertains to workforce
development programs, the Assistant Secretary of Commerce for
Communications and Information shall develop the guidance in
coordination with the Secretary of Labor.
(3) Application of uniform guidance.--The guidance issued
under paragraph (1) shall incorporate and apply, to the maximum
extent practicable, the requirements of part 200 of title 2,
Code of Federal Regulations (commonly referred to as the
``Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards'').
(d) Coordination of Projects Relating to the Planning,
Implementation, or Maintenance of Next Generation 9-1-1.--Paragraph (2)
of section 60102(f) of the Infrastructure Investment and Jobs Act (47
U.S.C. 1702(f)), as amended by subsection (a), is amended by adding at
the end the following:
``(K) Coordination of projects relating to the
planning, implementation, or maintenance of next
generation 9-1-1.--
``(i) Duties of assistant secretary with
respect to next generation 9-1-1.--The
Assistant Secretary, acting through the
Associate Administrator for Public Safety
Communications, shall--
``(I) take actions, in coordination
with State points of contact described
in clause (ii)(II) as applicable, to
improve coordination and communication
with respect to the implementation of
Next Generation 9-1-1;
``(II) develop, collect, and
disseminate information concerning the
practices, procedures, and technology
used in the implementation of Next
Generation 9-1-1;
``(III) advise and assist eligible
entities in the preparation of
certifications required under clause
(ii);
``(IV) provide technical assistance
to eligible entities that choose to use
remaining amounts in support of efforts
to explore efficiencies related to Next
Generation 9-1-1;
``(V) review and approve or
disapprove the proposed use of
remaining amounts for eligible projects
described in subparagraph (A)(i)(III);
and
``(VI) oversee the use of subgrants
awarded under subparagraph (B) for
eligible projects described in
subparagraph (A)(i)(III).
``(ii) Coordination required.--To the
extent that an eligible entity proposes to use
remaining amounts for the planning,
implementation, or maintenance of Next
Generation 9-1-1 in emergency communications
centers as described in subparagraph
(A)(i)(III), the eligible entity shall submit
to the Assistant Secretary a certification that
the eligible entity--
``(I) has coordinated the proposed
use with each emergency communications
center located within the jurisdiction
of the eligible entity;
``(II) has designated a single
officer or governmental body to serve
as the point of contact to coordinate
the implementation of Next Generation
9-1-1 for that eligible entity, except
that such designation need not vest
such officer or governmental body with
direct legal authority to implement
Next Generation 9-1-1 or to manage
emergency communications operations;
and
``(III) has developed a plan for
the coordination and implementation of
Next Generation 9-1-1 that--
``(aa) ensures
interoperability by requiring
the use of commonly accepted
standards;
``(bb) ensures reliability;
``(cc) enables emergency
communications centers to
process, analyze, and store
multimedia, data, and other
information;
``(dd) incorporates
cybersecurity tools, including
intrusion detection and
prevention measures;
``(ee) includes strategies
for coordinating cybersecurity
information sharing between
Federal, State, Tribal, and
local government partners;
``(ff) uses open and
competitive requests for
proposal processes, including
through shared government
procurement vehicles, for
deployment of Next Generation
9-1-1;
``(gg) documents how input
was received and accounted for
from relevant rural and urban
emergency communications
centers, regional authorities,
local authorities, and Tribal
authorities;
``(hh) includes 1 or more
governance bodies, either by
creation of 1 or more new, or
use of 1 or more existing,
bodies, for the deployment of
Next Generation 9-1-1 that
ensures full notice and
opportunity for participation
by relevant stakeholders;
``(ii) creates efficiencies
related to Next Generation 9-1-
1 functions, including
cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(jj) utilizes an
effective, competitive approach
to establishing authentication,
credentialing, secure
connections, and access in
deploying Next Generation 9-1-
1, including by--
``(AA) requiring
certificate authorities
to be capable of cross-
certification with
other authorities;
``(BB) avoiding
risk of a single point
of failure or
vulnerability; and
``(CC) adhering to
Federal agency best
practices such as those
promulgated by the
National Institute of
Standards and
Technology.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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