[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3369 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3369
To codify the ReConnect Program, to expand rural broadband assistance,
and to improve the administration and accountability of the broadband
programs at the Department of Agriculture.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 20, 2021
Mr. Thompson of Pennsylvania (for himself, Mrs. Fischbach, Mr. Austin
Scott of Georgia, Mr. Baird, Mr. Jacobs of New York, Mr. Hagedorn, Mr.
Kelly of Mississippi, Mr. Balderson, Mr. Crawford, Mr. Allen, Mrs.
Hartzler, Mr. Rouzer, Ms. Letlow, Mr. Moore of Alabama, Mrs. Cammack,
Mr. Mann, Mr. Johnson of South Dakota, Mr. Feenstra, Mrs. Miller of
Illinois, Mr. Rodney Davis of Illinois, Mr. LaMalfa, and Mr. Bacon)
introduced the following bill; which was referred to the Committee on
Agriculture, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To codify the ReConnect Program, to expand rural broadband assistance,
and to improve the administration and accountability of the broadband
programs at the Department of Agriculture.
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 ``Broadband for Rural America Act''.
SEC. 2. STREAMLINING DUPLICATIVE BROADBAND AUTHORITIES.
(a) In General.--Section 601 of the Rural Electrification Act of
1936 (7 U.S.C. 950bb) is amended--
(1) in the section heading, by striking ``access to
broadband telecommunications services in rural areas'' and
inserting ``reconnect rural broadband program'';
(2) by striking subsection (a) and inserting the following:
``(a) Establishment; Purpose.--The Secretary shall establish a
program, which shall be known as the `ReConnect Rural Broadband
Program', to provide grants, loans, and loan guarantees to finance the
costs of the construction, improvement, and acquisition of facilities
and equipment for broadband service in rural areas.'';
(3) in subsection (b), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (c)--
(A) by striking paragraph (2) and inserting the
following:
``(2) Priority.--
``(A) In general.--In providing assistance under
this section the Secretary shall--
``(i) give the highest priority to
applications for projects to provide broadband
service to unserved rural communities that do
not have any residential broadband service of
at least--
``(I) a 10-Mbps downstream
transmission capacity; and
``(II) a 1-Mbps upstream
transmission capacity;
``(ii) give priority to applicants for
projects which propose to serve communities--
``(I) with a population of less
than 10,000 permanent residents;
``(II) that are experiencing
outmigration and have adopted a
strategic community investment plan
under section 379H(d) of the
Consolidated Farm and Rural Development
Act that includes considerations for
improving and expanding broadband
service;
``(III) with a high percentage of
low income families or persons (as
defined in section 501(b) of the
Housing Act of 1949 (42 U.S.C.
1471(b)); or
``(IV) that are isolated from other
significant population centers.
``(B) Additional priority for advanced projects.--
After giving priority to the applications described in
subparagraph (A), the Secretary shall then give
priority to applications for projects which propose to
provide--
``(i) the maximum level of broadband
service to the greatest proportion of rural
premises in the proposed service area
identified in the application;
``(ii) rapid and expanded deployment of
fixed and mobile broadband on cropland and
ranchland within a service territory that is
not supported by funds from the 5G Fund for
Rural America established by the Federal
Communications Commission in the Report and
Order in the matter of Establishing a 5G Fund
for Rural America (FCC 20-150; adopted October
27, 2020), for use in various applications of
precision agriculture.
``(C) Additional priority for community
stakeholders.--The Secretary shall further prioritize
projects based on the number of community stakeholders
served, including--
``(i) State, local, and tribal government
entities;
``(ii) nonprofit institutions;
``(iii) community anchor institutions, such
as--
``(I) public libraries;
``(II) elementary schools and
secondary schools (as defined in
section 8101 of the Elementary and
Secondary Education Act of 1965 (20
U.S.C. 7801));
``(III) institutions of higher
education;
``(IV) health care facilities; or
``(V) other essential community
facilities;
``(iv) rural businesses; or
``(v) philanthropic organizations.
``(D) Administration.--In implementing this
section, the Secretary shall--
``(i) provide equal consideration to all
eligible entities, including those that have
not previously received assistance under this
title; and
``(ii) with respect to 2 or more
applications that are given the same priority
under this paragraph, give priority to an
application that is proposing to serve the
highest number of households without sufficient
broadband service.''; and
(B) in paragraph (3)--
(i) by striking ``Grant amounts'' and
inserting ``Additional requirements for grant
awards''; and
(ii) by striking subparagraph (E) and
inserting the following:
``(E) Applications.--
``(i) Grant-only applications.--The
Secretary shall establish an application
process that permits an application for a
grant-only award.
``(ii) Combined applications.--The
Secretary shall establish an application
process that permits--
``(I) a single application for a
grant and a loan under title I or II,
or this title, that is associated with
the grant; and
``(II) provides a single decision
to award the grant and the loan.'';
(5) in subsection (d)--
(A) in paragraph (2)--
(i) in subparagraph (A)--
(I) by striking ``subparagraphs (B)
and (C)'' and inserting ``subparagraph
(B)'';
(II) by striking ``submitted--''
and all that follows through ``(i)''
and inserting ``submitted''; and
(III) by striking ``; and'' and all
that follows through ``providers''; and
(ii) by striking subparagraph (C); and
(B) in paragraph (3)(B)(iii), by striking subclause
(II) and inserting the following:
``(II) demonstrated on the maps
required to be created under section
802(c) of the Communications Act of
1934 (47 U.S.C. 642(c)), if address
level data is available.''; and
(6) by striking subsection (j) and inserting the following:
``(j) Limitations on Authorization of Appropriations.--There is
authorized to be appropriated to the Secretary to carry out this
section, to remain available until expended--
``(1) $350,000,000 for fiscal year 2021;
``(2) $3,500,000,000 for fiscal year 2022; and
``(3) $3,500,000,000 for fiscal year 2023.''.
(b) Sunset.--The authorities provided by section 779 of the
Consolidated Appropriations Act, 2018 (Public Law 115-141) shall have
no force or effect after June 30, 2022.
(c) Transition Rules.--
(1) Availability of funds for administrative costs.--Not
more than 1 percent of the unobligated balances of amounts made
available as of June 1, 2021, to carry out the pilot program
described in section 779 of the Consolidated Appropriations
Act, 2018 (Public Law 115-141) may be used for the costs of
transitioning from the pilot program to the program under
section 601 of the Rural Electrification Act of 1936, as
amended by this Act.
(2) Consolidation of funds.--
(A) In general.--The unobligated balances of all
amounts made available on or before June 30, 2022, to
carry out the pilot program described in section 779 of
the Consolidated Appropriations Act, 2018 (Public Law
115-141) that are in excess of the amount described in
subparagraph (B) of this paragraph are hereby
transferred to and merged with amounts made available
to carry out the program authorized under section 601
of the Rural Electrification Act of 1936.
(B) Unfunded approvals.--The amount described in
this subparagraph is the amount required to fully fund
each project approved as of June 30, 2022, under the
pilot program described in such section 779 for which
amounts were not obligated or partially obligated as of
such date.
SEC. 3. EXPANDING MIDDLE-MILE INFRASTRUCTURE IN RURAL AMERICA.
Section 602(g) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-1(g)) is amended by striking ``$10,000,000 for each of fiscal
years 2018'' and inserting ``$150,000,000 for each of fiscal years
2021''.
SEC. 4. FOSTERING BROADBAND TECHNOLOGY INNOVATION.
Section 603(e) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-2(e)) is amended by striking ``$10,000,000 for each of fiscal
years 2019'' and inserting ``$50,000,000 for each of fiscal years
2021''.
SEC. 5. BROADBAND PROGRAM OVERSIGHT AND ACCOUNTABILITY.
Section 701 of the Rural Electrification Act of 1936 (7 U.S.C.
950cc) is amended--
(1) in subsection (b)(2)(A), by inserting ``(which data
shall include maps required to be created under section 802(c)
of the Communications Act of 1934)'' before ``and the
Administrator''; and
(2) in subsection (e)--
(A) in the matter preceding paragraph (1), by
striking ``program level amounts available pursuant
to'' and inserting ``the''; and
(B) by redesignating paragraphs (1) through (3) as
paragraphs (2) through (4), respectively, and inserting
before paragraph (2) (as so redesignated) the
following:
``(1) administrative costs for carrying out such title;''.
SEC. 6. AMENDMENTS TO FEDERAL BROADBAND PROGRAM COORDINATION
REQUIREMENTS.
Section 6212 of the Agriculture Improvement Act of 2018 (7 U.S.C.
950bb-6) is amended--
(1) by striking subsection (a);
(2) by redesignating subsections (b) through (d) as
subsections (d) through (f), respectively; and
(3) by inserting before subsection (d) (as so redesignated)
the following:
``(a) Eligibility Verification.--The Secretary shall consult with
the Commission to assist in the verification of eligibility of the
broadband loan and grant programs of the Department of Agriculture. In
providing assistance under the preceding sentence, the Commission shall
make available the broadband assessment and mapping capabilities of the
Commission.
``(b) Information-Sharing.--
``(1) The Secretary shall semiannually submit to the
Assistant Secretary and the Commission complete, reliable, and
precise information (in a manner consistent with how
information is submitted under section 802 of the
Communications Act of 1934 (47 U.S.C. 642)) which identifies
the areas for which broadband service has been deployed under a
loan or grant program of the Department of Agriculture.
``(2) The Assistant Secretary shall semiannually submit to
the Secretary complete, reliable, and precise information (in a
manner consistent with how information is submitted under
section 802 of the Communications Act of 1934 (47 U.S.C. 642))
which identifies the areas for which broadband service has been
deployed under any assistance provided by the Assistant
Secretary, unless the Assistant Secretary has submitted the
information to the Commission and the information is
incorporated into the maps required to be created under section
802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)) and
is shared with the Secretary under paragraph (3) of this
subsection.
``(3) On request of the Secretary, the Commission shall
provide to the Secretary the maps required to be created under
section 802(c) of the Communications Act of 1934 (47 U.S.C.
642(c)).
``(c) Consultations Between USDA and NTIA.--
``(1) By usda.--The Secretary shall consult with the
Assistant Secretary before providing broadband assistance for a
project to serve an area with respect to which another entity
is receiving assistance under any broadband assistance program
administered by the Assistant Secretary.
``(2) By ntia.--The Assistant Secretary shall consult with
the Secretary before offering or providing broadband assistance
for a project to serve an area with respect to which another
entity has received broadband assistance under a loan or grant
program of the Department of Agriculture.''.
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