[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1447 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 1447
To expand broadband deployment, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 14, 2009
Mrs. Hutchison introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To expand broadband deployment, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Connecting America
Act of 2009''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Broadband Internet investment tax credit.
Sec. 3. Credit to holders of Broadband America Bonds.
Sec. 4. Office of National Broadband Strategy.
Sec. 5. Facility modifications.
Sec. 6. Adoption incentives for broadband.
SEC. 2. BROADBAND INTERNET INVESTMENT TAX CREDIT.
(a) In General.--Subpart E of part IV of chapter 1 of the Internal
Revenue Code of 1986 (relating to rules for computing investment
credit) is amended by inserting after section 48C the following new
section:
``SEC. 48D. BROADBAND INTERNET INVESTMENT TAX CREDIT.
``(a) General Rule.--For purposes of section 46, in the case of an
eligible taxpayer, the broadband Internet investment tax credit for any
taxable year shall be determined--
``(1) in the case of a credit calculated according to the
requirements under subsection (c)(1), using the subscriber
service speeds available on the first day of the taxable year
in which a qualified broadband provider makes a qualified
investment resulting in percentage increases in service speeds
established under such subsection, and
``(2) in the case of a credit calculated according to the
requirements under subsection (c)(2), when a qualified
broadband provider makes a qualified investment resulting in a
service speed threshold established under such subsection.
``(b) Investment Requirements.--For purposes of this section--
``(1) Qualified investment.--
``(A) In general.--The term `qualified investment'
means any expenditure for qualified equipment made by a
qualified broadband provider during a taxable year
which--
``(i) in the case of a credit calculated
according to the requirements under subsection
(c)(1)--
``(I) increases the available
service speeds to at least 50 megabits
per second downstream during the
beginning of the taxable year in which
the qualified broadband provider makes
such investment, or
``(II) results in the extension of
a qualified broadband provider's
existing physical plant to unserved
areas and provides broadband service
speeds of at least 10 megabits per
second downstream, and
``(ii) in the case of a credit calculated
according to the requirements under subsection
(c)(2), increases the available service speeds
by increasing existing service speeds to an
advertised maximum service speed of at least 50
megabits per second downstream.
``(B) Lookback period.--Such term shall include any
investment made during the 9-month period ending with
the date of the enactment of this section is eligible
for the broadband Internet investment tax credit if
such investment meets all other requirements of this
section.
``(2) Eligible taxpayer.--The term `eligible taxpayer'
means any qualified broadband provider regardless of the
technology used to deploy broadband services.
``(3) Qualified broadband provider.--The term `qualified
broadband provider' means any--
``(A) cable operator,
``(B) commercial mobile service carrier,
``(C) open video system operator,
``(D) satellite carrier,
``(E) telecommunications carrier, or
``(F) other wireless carrier,
offering broadband service to subscribers through qualified
equipment.
``(4) Unserved area.--The term `unserved area' means any
political subdivision of a State, including any city,
municipality, township, or village--
``(A) in which no non-residential subscribers
maintaining a permanent place of business and no
residential subscribers in a fixed dwelling have access
to a terrestrial broadband service, and
``(B) which is certified by such State as an
unserved area not later than 180 days after the date of
the enactment of this section.
``(5) Service provision.--An entity identified in paragraph
(3) shall be considered to be a provider offering broadband
service to subscribers if--
``(A) such subscriber has been passed by the
provider's equipment and may be connected to such
equipment for a fee, and
``(B) the provider is physically able to deliver
broadband service.
``(6) Qualified equipment.--
``(A) In general.--The term `qualified equipment'
means any property--
``(i) used to provide broadband service,
``(ii) which meets the eligibility
requirements of subparagraph (B), and
``(iii) for which depreciation (or
amortization in lieu of depreciation) is
allowable.
``(B) Eligibility.--Not later than 1 year after the
date of the enactment of this section, the Secretary
shall publish and maintain electronic guidance for
qualified broadband providers that includes examples of
the types of equipment that qualify for the broadband
Internet investment tax credit and examples of
equipment and uses that do not qualify for such credit.
Such guidance shall be placed on the Internal Revenue
Service Internet site.
``(C) Limitations on eligible equipment.--Equipment
meeting the criteria established in this section shall
be eligible for the broadband Internet investment tax
credit in taxable years beginning after December 31,
2008, and before January 1, 2104:
``(i) Equipment that extends from the last
point of switching to a subscriber location in
the case of a telecommunications carrier or
broadband-over-power-line operator, or extends
from the subscriber side of the head end to the
subscriber location in the case of a cable
operator or open video system operator.
``(ii) Equipment that extends from a
transmission/receive antenna (including such
antenna) which transmits and receives signals
to or from multiple subscribers, to a
transmission/receive antenna (including such
antenna) on the outside of subscriber location
that is owned or leased in the case of a
satellite carrier or other wireless carrier.
``(iii) Equipment used to route traffic
between the head ends, central offices,
transmission/receive antennas, or other
aggregation points.
``(iv) Supporting technological equipment
used to increase the bandwidth available to
subscribers, enable higher quality video
resolution or more efficient utilization of
other qualifying equipment, or allow deployment
of more content over a greater distance. Such
supporting technological equipment shall
include broadband electrical and optical
networking equipment, next generation network
service routers and Internet protocol routers,
supporting network router management systems,
the software contained within the equipment,
and other supporting technological equipment
deemed eligible by the Secretary.
``(v) Transmission facilities and other
equipment used to connect broadband networks to
Internet backbone facilities, where terrestrial
facilities for such connections do not already
exist.
``(7) Cable operator.--The term `cable operator' has the
meaning given such term by section 602(5) of the Communications
Act of 1934 (47 U.S.C. 522(5)).
``(8) Commercial mobile service carrier.--The term
`commercial mobile service carrier' means any person or entity
authorized to provide commercial mobile radio service as
defined in section 20.3 of title 47 of the Code of Federal
Regulations.
``(9) Open video system operator.--The term `open video
system operator' means any person or entity authorized to
provide services under section 653 of the Communications Act of
1934 (47 U.S.C. 573).
``(10) Satellite carrier.--The term `satellite carrier'
means any person or entity using the facilities of a satellite
or satellite service, licensed by the Federal Communications
Commission to operate in the Fixed-Satellite Service area under
part 25 of title 47 of the Code of Federal Regulations or the
Direct Broadcast Satellite Service under part 100 of such
title, to establish an operate a channel of communications for
distribution of signals, and owning or leasing a capacity or
service on a satellite for the purpose of providing point-to-
multipoint distribution.
``(11) Telecommunications carrier.--The term
`telecommunications carrier' has the meaning provided in
section 3(44) of the Communications Act of 1934 (47 U.S.C. 153
(44)), but--
``(A) includes all members of an affiliated group
of which a telecommunications carrier is a member, and
``(B) does not include any commercial mobile
service carrier.
``(12) Other wireless carrier.--The term `other wireless
carrier' means any person or entity (other than a
telecommunications carrier, commercial mobile service carrier,
cable operator, open video system operator, or satellite
carrier) offering broadband service to subscribers through the
radio transmission of energy.
``(c) Calculation of Credit.--
``(1) Percentage increase in service speed; availability to
unserved areas.--The broadband Internet investment tax credit
for any taxable year calculated according to the requirements
under this paragraph shall be--
``(A) 15 percent of the qualified investment for
such taxable year which increases existing service
speeds for current subscribers by at least 50 percent
above the service speeds available on the first day of
the taxable year,
``(B) 20 percent of such qualified investment which
increases existing service speeds for current
subscribers to at least 100 percent above such service
speeds,
``(C) 25 percent of such qualified investment which
increases existing service speeds for current
subscribers to at least 200 percent above such service
speeds, and
``(D) 30 percent of such qualified investment which
results in the availability of service to an unserved
area, but only if such service is at speeds of at least
10 megabits per second downstream.
``(2) Increase to advertised maximum.--The broadband
Internet investment tax credit for any taxable year calculated
according to the requirements under this paragraph shall be--
``(A) 15 percent of the qualified investment for
such taxable year which improves service speeds to an
advertised maximum of at least 50 megabits per second
downstream,
``(B) 20 percent of the qualified investment for
such taxable year which improves service speeds to an
advertised maximum of at least 75 megabits per second
downstream, and
``(C) 25 percent of the qualified investment for
such taxable year which improves service speeds to an
advertised maximum of at least 100 megabits per second
downstream.
``(d) Certification Requirements.--Not later than 120 days after
the date of the enactment of this section, the Secretary shall
promulgate rules setting forth the information a qualified broadband
provider claiming a credit under this section must provide to certify
service speeds available at the beginning of the taxable year and the
available service speeds following the qualified investment. The rules
shall require at a minimum that a qualified broadband provider submit
an affidavit of a corporate officer attesting to the truthfulness and
accuracy of the speed certifications and level of investment.
``(e) Treatment of Person Not Able To Use Credit.--
``(1) In general.--Except as otherwise provided in this
subsection--
``(A) any credit allowable under subsection (a)
with respect to qualified equipment purchased or
installed by a qualified broadband provider may be
transferred to, and used by, a third party as provided
in this subsection, and
``(B) the determination as to whether the credit is
allowable shall be made without regard to the taxable
or tax-exempt status of the person.
``(2) Transfer of credit.--
``(A) In general.--A person unable to use the
credit allowable under subsection (a) may transfer such
credit to another person, for use by such person, in
consideration for the purchase or installation of
qualified equipment. Such transfer may be revoked only
with the consent of the Secretary.
``(B) Regulations.--The Secretary shall prescribe
such regulations and reporting requirements as
necessary to ensure that any credit allowable under
subsection (a) is claimed once and not reassigned by
such other person.
``(C) Transfer proceeds treated as arising from
essential government function.--Any proceeds derived by
a State, local, or Indian tribal governmental unit,
agency, or instrumentality from the transfer of any
credit under subparagraph (A) shall be treated as
arising from the exercise of an essential government
function.
``(D) Exception for certain nontaxpayers.--This
paragraph shall not apply to--
``(i) any Federal, State, or local
government (or any political subdivision,
agency, or instrumentality thereof),
``(ii) any organization described in
section 501(c) and exempt from tax under
section 501(a), and
``(iii) any partnership or other pass-thru
entity in which an entity described in clause
(i) or (ii) (or such entities in the aggregate)
hold a partnership (or equity or profits)
interest of at least 50 percent.
``(3) Treatment as income.--Any proceeds from a transfer
under paragraph (2) of any credit shall be treated as income to
the transferor of the credit (and deductible to the transferee)
for purposes of this subtitle.
``(f) Termination.--This section shall not apply to expenditures in
taxable years beginning after December 31, 2013.''.
(b) Conforming Amendments.--
(1) Section 46(a) of the Internal Revenue Code of 1986 is
amended by striking ``and'' at the end of paragraph (4), by
striking the period at the end of paragraph (5) and inserting
``, and'', and by adding at the end the following new
paragraph:
``(6) the broadband Internet investment tax credit.''.
(2) The table of sections for subpart E of part IV of
chapter 1 of such Code is amended by inserting after the item
relating to section 48C the following new item:
``Sec. 48D. Broadband Internet investment tax credit.''.
(c) Effective Date.--The amendments made by this section shall
apply to periods after the date of the enactment of this Act, under
rules similar to the rules of section 48(m) of the Internal Revenue
Code of 1986 (as in effect on the day before the date of the enactment
of the Revenue Reconciliation Act of 1990).
SEC. 3. CREDIT TO HOLDERS OF BROADBAND AMERICA BONDS.
(a) In General.--Subpart I of part IV of subchapter A of chapter 1
of the Internal Revenue Code of 1986 (relating to qualified tax credit
bonds) is amended by adding at the end the following new section:
``SEC. 54G. CREDIT TO HOLDERS OF BROADBAND AMERICA BONDS.
``(a) Broadband America Bond.--For purposes of this subpart, the
term `Broadband America Bond' means any private activity bond issued as
part of an issue if--
``(1) 100 percent of the available project proceeds of such
issue are to be used for expenditures incurred by any non-
governmental entity in the deployment of broadband services
which meet the requirements of this section,
``(2) the bond is issued by a qualified issuer, and
``(3) the issuer designates such bond for purposes of this
section.
For purposes of this section, the term `available project proceeds' has
the meaning given such term by section 54A(e)(4) (determined by
substituting `1 percent' for `2 percent' in subparagraph (A)(ii)
thereof).
``(b) Limitation on Amount of Bonds Designated.--
``(1) National limitation.--There is a national Broadband
America Bond limitation for the 4-year period beginning on the
date of the enactment of this section of $1,000,000,000, and
zero thereafter, to be made available from amounts appropriated
under the American Recovery and Reinvestment Act of 2009 to the
Broadband Technology Opportunities Program established under
section 6001 of division B of such Act.
``(2) Allocation of limitation.--The national Broadband
America Bond limitation shall be allocated by the Secretary, in
consultation with the Secretary of Commerce, among Broadband
America Bond projects to ensure that no qualified issuer may
issue Broadband America Bonds in a face amount exceeding
$5,000,000.
``(c) Other Allocation Limitations.--In making any allocation under
subsection (b)(2), the Secretary shall comply with the following
guidelines:
``(1) Limit based on existing service availability.--
``(A) In general.--An allocation shall not be made
to an issuer for a Broadband America Bond project
unless the geographic area of such project qualifies as
an unserved area.
``(B) Unserved area.--For purposes of subparagraph
(A), the term `unserved area' means any political
subdivision of a State, including any city,
municipality, township, or village--
``(i) in which no non-residential
subscribers maintaining a permanent place of
business and no residential subscribers in a
fixed dwelling have access to a terrestrial
broadband service, and
``(ii) which is certified by such State as
an unserved area not later than 180 days after
the date of the enactment of this section.
``(2) Limit based on project scope.--An allocation shall
not be made to an issuer for a Broadband America Bond project
unless the project funds, when combined with private investment
by a provider receiving the project proceeds, will result in
the availability of broadband services to at least 70 percent
of the potential subscribers in the geographic area of such
project. For purposes of the preceding sentence, the term
`potential subscribers' includes all non-residential
subscribers maintaining a permanent place of business and
residential subscribers in a fixed dwelling in the project
area.
``(3) Limit based on transmission speed.--An allocation
shall not be made to an issuer for a Broadband America Bond
project unless the project provides broadband subscribers with
access to the Internet in the normal course of operations at
transmission speeds of at least 10 megabits per second
downstream.
``(d) Qualified Issuer; Selection of Providers; Notice of
Opportunity To Bid.--
``(1) Qualified issuer.--The term `qualified issuer' means
a governmental body (as defined in section 54C(d)(3)).
``(2) Selection of provider.--
``(A) In general.--The qualified issuer, by means
of a competitive bidding process established under
subparagraph (B), shall select 1 or more broadband
providers as recipients of the available project
proceeds of an issue and shall contract for the
construction of infrastructure providing service to at
least 70 percent of all non-residential subscribers
maintaining a permanent place of business and
residential subscribers in a fixed dwelling in the
project area. Not later than 120 days after the date of
the enactment of this section, the Secretary shall
provide procedures for selecting a broadband provider
through a competitive bidding process. A governmental
body (as defined in section 54C(d)(3)) is not eligible
to receive or utilize the proceeds of a bond offering
to construct, or own, infrastructure for the provision
of broadband services.
``(B) Eligibility for selection and prohibition on
conditions.--All broadband providers shall be eligible
to bid for a contract under subparagraph (A),
regardless of the technology used to deliver the
broadband service, and selection and receipt of
available project proceeds may not be conditioned on
adoption of open access or non-discrimination
principles.
``(C) Notice of opportunity to bid.--At least 60
days prior to conducting a bond offering under this
section, a qualified issuer shall publish notice in
each newspaper with circulation in the proposed project
area, and furnish notice on all government Internet
sites in the proposed project area. The Secretary shall
provide an area on the agency's Internet site listing
all proposed projects with contact information for the
local government official responsible for the proposed
bond offering to allow interested bidders to contact
the qualified issuer.
``(e) Ratable Principal Amortization Required.--A bond shall not be
treated as a Broadband America Bond unless it is part of an issue which
provides for an equal amount of principal to be paid by the qualified
issuer during each 12-month period that the issue is outstanding (other
than the first 12-month period).''.
(b) Conforming Amendments.--
(1) Paragraph (1) of section 54A(d) of the Internal Revenue
Code of 1986 is amended by striking ``or'' at the end of
subparagraph (D), by inserting ``or'' at the end of
subparagraph (E), and by inserting after subparagraph (E) the
following new subparagraph:
``(F) a Broadband America Bond.''.
(2) Subparagraph (C) of section 54A(d)(2) of such Code is
amended by striking ``and'' at the end of clause (iv), by
striking the period at the end of clause (v) and inserting ``,
and'', and by adding at the end the following new clause:
``(vi) in the case of a Broadband America
Bond, a purpose specified in section
54G(a)(1).''.
(3) The table of sections for subpart I of part IV of
subchapter A of chapter 1 of such Code is amended by adding at
the end the following new item:
``Sec. 54G. Credit to holders of Broadband America Bonds.''.
(c) Effective Date.--The amendments made by this section shall
apply to obligations issued after the date of the enactment of this
Act.
SEC. 4. OFFICE OF NATIONAL BROADBAND STRATEGY.
(a) Establishment.--There is established within the National
Telecommunications and Information Administration of the Department of
Commerce the Office of National Broadband Strategy.
(b) Duties.--The Office of National Broadband Strategy shall--
(1) contain an ombudsman function to provide technical
assistance to any entity that is applying for funds under any 1
of the following:
(A) Public Telecommunications Facilities--Planning
and Construction grant program administered by the
National Telecommunications and Information
Administration of the Department of Commerce.
(B) Broadband Technology Opportunities Program
administered by the National Telecommunications and
Information Administration of the Department of
Commerce.
(C) Investments for Public Works and Economic
Development Facilities grant program administered by
the Economic Development Administration of the
Department of Commerce.
(D) Rural Telephone Loans and Loan Guarantee
program administered by the Rural Utilities Service of
the Department of Agriculture.
(E) Distance Learning and Telemedicine Loans and
Grant program administered by the Rural Utilities
Service of the Department of Agriculture.
(F) Rural Broadband Access Loan and Loan Guarantee
Program administered by the Rural Utilities Service of
the Department of Agriculture.
(G) Community Connect Broadband Grant program
administered by the Rural Utilities Service of the
Department of Agriculture.
(H) Education Technology State Grant program
administered by the Office of Elementary and Secondary
Education of the Department of Education.
(I) Ready to Teach grant program administered by
the Office of the Assistant Secretary of Education for
Educational Research and Improvement of the Department
of Education.
(J) Special Education--Technology and Media
Services for Individuals with Disabilities grant
program administered by the Office of Special Education
and Rehabilitative Services of the Department of
Education.
(K) Telehealth Network Grant program administered
by the Health Resources and Services Administration of
the Department of Health and Human Services.
(L) Medical Library Assistance program administered
by the National Library of Medicine of the National
Institutes of Health of the Department of Health and
Human Services.
(M) State Library Program administered by the
Office of Library Services of the Institute of Museum
and Library Services of the National Foundation on the
Arts and Humanities.
(N) Native American and Native Hawaiian Library
Services program administered by the Office of Library
Services of the Institute of Museum and Library
Services of the National Foundation on the Arts and
Humanities.
(O) Appalachian Area Development grant program
administered by the Appalachian Regional Commission
established under chapter 143 of title 40, United
States Code.
(P) Delta Area Economic Development grant program
administered by the Delta Regional Authority
established under section 382B of the Consolidated Farm
and Rural Development Act (7 U.S.C. 2009aa-1).
(Q) Denali Commission Program administered by the
Denali Commission established under the Denali
Commission Act of 1998 (42 U.S.C. 3121 note); and
(2) establish and maintain a webpage that contains links to
the programs described under paragraph (1);
(3) provide technical assistance to any new program that
offers or otherwise makes available funding for broadband
deployment; and
(4) update the webpage established under paragraph (2) to
include any new program described under paragraph (3).
(c) National Advisory Panel.--
(1) Establishment.--Not later than 90 days after the date
of enactment of this Act, the Office of National Broadband
Strategy shall establish an National Advisory Panel on
broadband deployment and adoption comprised of representatives
of relevant sectors of the business community, public interest
groups, and other appropriate groups and Federal agencies to
review and evaluate--
(A) the status of industry efforts to promote
broadband in underserved and unserved areas;
(B) the effectiveness of Federal Government
programs that provide funding for the deployment of
broadband, including any program described under
subsection (b)(1);
(C) the effect of broadband deployment levels
within the United States on national economic
competitiveness with respect to member countries of the
Organization for Economic Cooperation and Development;
and
(D) the feasibility of creating a single
application process for all Federal broadband grant
programs leveraging available technology.
(2) Report.--Not later than 1 year after the date that
National Advisory Panel is established under paragraph (1), and
for each year thereafter, the Panel shall submit a report to
Congress that--
(A) describes in detail any legislative,
administrative, or regulatory recommendations to
improve broadband in underserved and unserved areas,
including any information related to such
recommendations; and
(B) includes recommendations as to what reforms to
Federal Government programs could increase the
effectiveness of such programs, including changes to
eligibility criteria for program applicants, funding
levels, and streamlining application procedures.
(3) FACA not applicable.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the activities of the
National Advisory Panel established under paragraph (1).
(d) Definition of Technical Assistance.--For purposes of this
section, the term ``technical assistance'' includes the provision of--
(1) general information about the operation and eligibility
requirements of programs described under subsection (b);
(2) advice and assistance in completing grant or program
application materials; and
(3) any other assistance deemed appropriate by the
Secretary of Commerce.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $2,000,000 for each of the
fiscal years 2010 through 2014.
SEC. 5. FACILITY MODIFICATIONS.
Notwithstanding section 704 of the Telecommunications Act of 1996,
or any regulation pursuant thereto, or any other provision of law, a
State or local government may not deny, and shall approve, any eligible
facilities request for a modification of an existing wireless tower
that does not substantially change the physical dimensions of such
tower. For purposes of the preceding sentence, the term ``eligible
facilities request'' means any request for modification of an existing
wireless tower that involves--
(1) collocation of new transmission equipment;
(2) removal of transmission equipment; and
(3) replacement of transmission equipment.
SEC. 6. ADOPTION INCENTIVES FOR BROADBAND.
(a) Telehealth Improvement.--
(1) In general.--Section 254(h) of the Communications Act
of 1934 (47 U.S.C. 254(h)) is amended--
(A) in paragraph (1)(A)--
(i) by striking ``telecommunications
services'' and inserting ``telecommunications
services, advanced telecommunications services
and information services, and network
management services''; and
(ii) by striking ``reasonably comparable to
rates charged'' and inserting ``not to exceed
60 percent less than rates charged''; and
(B) in paragraph (7)(B)(vi), by striking ``clinics;
and'' and inserting ``clinics and any rural healthcare
provider, including any--
``(I) private physician office or
clinic;
``(II) nursing home or other long
term care facility;
``(III) hospice service facility;
``(IV) pharmacy;
``(V) dental clinic;
``(VI) behavioral health facility;
and
``(VII) facility deemed eligible by
the Department of Veterans Affairs to
provide health care services to
veterans;''.
(2) Required fcc actions.--In carrying out the pilot
program to fund the construction of broadband infrastructure to
connect rural health care providers, as such program was
established in In the matter of Rural Health Care Support
Mechanism, WC Docket No. 02-60, the Federal Communications
Commission shall abolish the 85 percent cost limitation
requirement set forth in paragraph 14 of such Order.
(b) PlugGED In Programs.--
(1) Definitions.--In this section:
(A) Eligible educational institution or agency.--
The term ``eligible educational institution or agency''
means--
(i) a secondary school, as such term is
defined in section 9101 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7801);
(ii) a 2-year institution of higher
education, as such term is defined in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001);
(iii) an adult education center that is
operated by, or on behalf of, a State; or
(iv) a State educational agency, as such
term is defined in section 9101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 7801).
(B) PlugGED in program.--The term ``PlugGED In
program'' means a program of education that--
(i) leads to a recognized equivalent of a
secondary school diploma;
(ii) integrates the instruction for such
recognized equivalent with training in
technology skills;
(iii) integrates instruction related to the
resources available through broadband Internet
usage for educational development and career
development; and
(iv) is sponsored by a private technology
company that will provide 1 or more of the
following:
(I) Educational materials for the
program curriculum.
(II) Assistance in designing the
program curriculum.
(III) Matching funds for the
program, in an amount of not less than
10 percent of the amount of the grant
funds provided under this subsection to
the eligible educational institution or
agency receiving the grant.
(C) Secretary.--The term ``Secretary'' means the
Secretary of Education, acting through the Assistant
Secretary of the Office of Vocational and Adult
Education.
(2) Program authorized.--From amounts appropriated under
this subsection, the Secretary shall administer a grant program
that awards grants to eligible educational institutions or
agencies to enable such eligible educational institutions and
agencies to carry out PlugGED In programs.
(3) Application.--An eligible educational institution or
agency desiring a grant under this subsection shall submit an
application to the Secretary at such time, in such manner, and
containing such information as the Secretary may provide,
including--
(A) a description of the private technology company
that will be a sponsor of the PlugGED In program and
the type of assistance the sponsor will provide; and
(B) an assurance that the eligible educational
institution or agency will annually submit to the
Secretary information on the number of participants in
the PlugGED In program who have obtained employment
within 6 months after completing the program, and the
types of such employment.
(4) Compilation of data.--The Secretary shall annually
prepare and submit to the Committee on Education and Labor of
the House of Representatives and the Committee on Health,
Education, Labor, and Pensions of the Senate a compilation of
the data described in subsection (3)(B).
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of the fiscal years 2010 through 2014.
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