RECAPTURE Act

Bill Number

S. 3259

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Science, Technology, Communications

Status

Introduced

Latest Action

2025-11-20: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Last Updated

2026-04-14T11:03:26Z

AI-Generated Summary

Purpose

The RECAPTURE Act (S. 3259) aims to redirect portions of uncommitted funds from the Broadband Equity, Access, and Deployment (BEAD) Program—established under the Infrastructure Investment and Jobs Act (IIJA)—toward reducing the federal budget deficit. It preserves funding for specifically designated broadband projects while reclaiming excess amounts not tied to approved plans, balancing fiscal responsibility with ongoing telecommunications investments.

Key Provisions

• Amendment to Fund Allocation Rules: Modifies Section 60102(e)(4) of the IIJA (codified at 47 U.S.C. 1702(e)(4)) to require the Assistant Secretary of Commerce (who oversees the National Telecommunications and Information Administration, or NTIA) to handle remaining BEAD grant funds as follows:
• For funds allocated to eligible entities (typically states or territories) after project approvals or clawbacks:
• Release to the entity only the portion designated for a specific purpose in the entity's final BEAD proposal.
• Deposit the undesignated portion into the U.S. Treasury's general fund exclusively for deficit reduction.
• Applies this split to two specific scenarios: (1) after an entity meets initial deployment requirements, and (2) after failure to meet those requirements leading to partial clawback.
• Technical and Conforming Amendments: Updates related sections of the IIJA for clarity and consistency, including:
• Removing and redesignating clauses in subsection (c)(5)(C) to streamline reallocation rules for funds from failed applications.
• Correcting minor wording in subsection (e)(4)(A)(i) from "approvals" to "approves."
• Short Title: "Recovering Excess Communications Appropriations while Protecting Telecommunications Upgrades, Reinvestment, and Expansion Act" or "RECAPTURE Act."

Significant Changes to Existing Law

• Under prior IIJA rules, all remaining BEAD funds after approvals or clawbacks were fully returned to the eligible entity for broadband deployment.
• This bill introduces a partial recapture mechanism: Only pre-designated funds remain available for projects, while undesignated balances are redirected to deficit reduction, effectively reducing the total pool of funds available for broadband expansion without altering initial allocations.
• Eliminates automatic full reallocation of unspent funds to entities, adding fiscal safeguards while maintaining support for approved initiatives.

Potential Impacts

• On Government Agencies: The NTIA will need to review and segregate funds based on proposal designations, increasing administrative workload for tracking and Treasury transfers. This could accelerate deficit reduction efforts, potentially lowering federal borrowing costs.
• On Citizens: Rural and underserved communities may see slower or reduced broadband rollout if undesignated funds are recaptured, limiting access to high-speed internet for education, healthcare, and remote work. However, designated projects would proceed uninterrupted.
• On International Relations: Minimal direct impact, though reduced U.S. broadband infrastructure investments could indirectly affect global competitiveness in digital economy and telecommunications standards.

Main Stakeholders Affected

• Eligible Entities: States, territories, and District of Columbia, which receive BEAD grants and must now justify fund designations in proposals to avoid recapture.
• Broadband Providers and Telecom Industry: Companies involved in deployment may face funding shortfalls for non-designated portions, potentially delaying network upgrades or expansions.
• Federal Government and Taxpayers: Benefits from deficit reduction, easing long-term fiscal pressures; the Treasury gains recaptured funds.
• Underserved Populations: Residents in areas targeted by BEAD, who rely on these funds for improved internet access.

Notable Legal, Constitutional, or Political Implications

• Legal: Ensures compliance with IIJA's original intent by protecting committed funds, but introduces enforceable Treasury deposits that could lead to disputes over "designated" vs. undesignated portions, potentially requiring NTIA guidance or litigation. No apparent constitutional issues, as it involves congressional control over appropriations.
• Political: Highlights tensions between infrastructure spending and fiscal conservatism; introduced by Senators Ernst (R-IA) and Cruz (R-TX), it may fuel debates on reallocating "excess" funds from Democratic-led initiatives like the IIJA. Could set precedent for clawing back unspent program funds across other federal programs, influencing future budget negotiations.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Ernst, Joni [R-IA]

Cosponsors (4)

Sen. Cruz, Ted [R-TX], Sen. Lee, Mike [R-UT], Sen. Lummis, Cynthia M. [R-WY], Sen. Scott, Rick [R-FL]

Recent Actions

• 2025-11-20: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• 2025-11-20: Introduced in Senate

Bill Versions

• Recovering Excess Communications Appropriations while Protecting Telecommunications Upgrades, Reinvestment, and Expansion Act — issued 2025-11-20 — PDF (4 pages)