Sec. 3402. Expansion of Rural Health Care Program

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Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations modifying the requirements in subpart G of part 54 of title 47, Code of Federal Regulations, in the following manner: A health care provider not located in a rural area shall be treated as a rural health care provider in funding years 2022, 2023, and 2024 for the purposes of the Healthcare Connect Fund Program. The discount rate for an eligible expense through the Healthcare Connect Fund Program (as described in section 54.611(a) of title 47, Code of Federal Regulations, or any successor regulation) shall be increased to 85 percent in funding years 2022, 2023, and 2024 for eligible equipment purchased or eligible services rendered in such funding years, including for eligible equipment, upfront payments, and multi-year commitments without limitation.

A temporary, mobile, or satellite health care delivery site shall be treated as a health care provider or an eligible site of a health care provider in funding years 2022, 2023, and 2024 for purposes of determining eligibility for the Healthcare Connect Fund Program or the Telecommunications Program. The adoption and implementation of a rolling application process to allow a health care provider to apply for funding. The following changes to certain bidding requirements: Modification of the requirements in section 54.622 of title 47, Code of Federal Regulations, or any successor regulation, to— provide that bid evaluation criteria may give additional consideration to the speed with which an eligible service provider can initiate service; and encourage applicants to consider bids from different providers to provide service to different locations of such applicants, if considering bids in this manner would expedite the overall timeline for initiating or expanding service to individual locations.

Issuance of a decision on each application for funding not later than 60 days after the date on which the application is filed. Release of funding not later than 30 days after the date on which an invoice is submitted with respect to an application that is approved, applicable services have been provided, and required invoices have been submitted as required under program rules. The Commission shall ensure the release of funding for all requests (outstanding as of the date of enactment of this Act) under the Rural Health Care Program not later than 60 days after the date of enactment of this Act, except that for outstanding funding requests that are subject to a review of the applicable urban and rural rates, the Commission shall ensure the release of interim funding not later than 60 days after the date of enactment of this Act, disbursed at 65 percent of the funding request, subject to a true-up following the completion of such review.

This paragraph shall not apply to any party or successor-in-interest to any party to which the Commission, during the period beginning on the date that is 1 year before the date of enactment of this Act and ending on January 31, 2022, has issued a Letter of Inquiry, Notice of Apparent Liability, or Forfeiture Order relating to the party’s participation in the Rural Health Care Program, pursuant to section 503(b) of the Communications Act of 1934 ( 47 U.S.C. 503(b) ). In the case of an eligible service provider that receives funding through the Rural Health Care Program pursuant to this paragraph to which the eligible service provider is not entitled, the Commission shall require the eligible service provider to repay such funds.

The regulations required under subsection

(a)shall take effect on the date on which the regulations are promulgated. There is established in the Treasury of the United States a fund to be known as the Telehealth Connectivity Fund. There is appropriated to the Telehealth Connectivity Fund, out of any money in the Treasury not otherwise appropriated, $2,000,000,000 for fiscal year 2022, to remain available through fiscal year 2026. Amounts in the Telehealth Connectivity Fund shall be available to the Commission to carry out the Rural Health Care Program, as modified by the regulations promulgated under subsection (a). Support provided under the regulations required by paragraphs

(1)through

(3)of subsection

(a)shall be— provided from amounts made available under paragraph

(3)of this subsection and not from contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ); and in addition to, and not in replacement of, funds authorized by the Commission for the Rural Health Care Program as of the date of enactment of this Act from contributions under section 254(d) of the Communications Act of 1934 ( 47 U.S.C. 254(d) ). All laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration or repair work carried out, in whole or in part, with assistance made available through the Rural Health Care program shall be paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. With respect to the labor standards described in paragraph (1), the Secretary of Labor shall have the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. In the case of a recipient of funding through the Rural Health Care Program that is an employer, the employer shall remain neutral with respect to the exercise of employees and labor organizations of the right to organize and bargain under the National Labor Relations Act ( 29 U.S.C. 151 et seq.). In this subsection, the terms employee , employer , and labor organization have the meanings given those terms in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ). The Commission shall refer any alleged violation of an applicable labor and employment law to the appropriate Federal agency for investigation and enforcement, and shall refer any alleged violation of subsection

(e)or

(f)to the National Labor Relations Board for investigation and enforcement.

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