Page:United States Statutes at Large Volume 123.djvu/535

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123STA T .5 15 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9(A)wil l , i fap p roved ,i nc rea s e th e afforda b ilit y of, and s u bscribership to, service to the g reatest population of users in the area

( B ) will, if approved, provide the greatest broadband speed possible to the greatest population of users in the area; ( C ) will, if approved, enhance service for health care delivery, education, or children to the greatest population of users in the area; and ( D ) will, if approved, not result in un j ust enrich m ent as a result of support for non - recurring costs through another F ederal program for service in the area; and ( 3 ) consider whether the applicant is a socially and economically disadvantaged small business concern as defined under section 8 (a) of the S mall Business Act ( 15U. S.C. 6 3 7 ). (i) T he Assistant Secretary — (1) shall re q uire any entity receiving a grant pursuant to this section to report quarterly, in a format specified by the Assistant Secretary, on such entity ’ s use of the assistance and progress fulfilling the objectives for which such funds were granted, and the Assistant Secretary shall ma k e these reports available to the public; ( 2 ) may establish additional reporting and information requirements for any recipient of any assistance made available pursuant to this section; (3) shall establish appropriate mechanisms to ensure appro- priate use and compliance with all terms of any use of funds made available pursuant to this section; ( 4 ) may, in addition to other authority under applicable law, deobligate awards to grantees that demonstrate an insuffi- cient level of performance, or wasteful or fraudulent spending, as defined in advance by the Assistant Secretary, and award these funds competitively to new or e x isting applicants con- sistent with this section; and (5) shall create and maintain a fully searchable database, accessible on the I nternet at no cost to the public, that contains at least a list of each entity that has applied for a grant under this section, a description of each application, the status of each such application, the name of each entity receiving funds made available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other information sufficient to allow the public to under- stand and monitor grants awarded under the program. (j) Concurrent with the issuance of the R equest for P roposal for grant applications pursuant to this section, the Assistant Sec- retary shall, in coordination with the Commission, publish the non-discrimination and network interconnection obligations that shall be contractual conditions of grants awarded under this section, including, at a minimum, adherence to the principles contained in the Commission’s broadband policy statement (FCC 0 5-15, adopted August 5, 2005). (k)(1) N ot later than 1 year after the date of enactment of this section, the Commission shall submit to the Committee on E nergy and Commerce of the H ouse of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a report containing a national broadband plan. Deadlin e .R e ports . B road b and plan. Pu bli c ation. Database. W eb site. Records. Reports. Deadlines. Public in f or m ation.