[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4374 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 4374
To bolster certain rural broadband programs of the Department of
Agriculture.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 9, 2021
Mr. David Scott of Georgia 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 bolster certain rural broadband programs of 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 Internet Connections for
Rural America Act''.
SEC. 2. INNOVATIVE BROADBAND ADVANCEMENT PROGRAM.
Section 603(e) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-2(e)) is amended to read as follows:
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Secretary $300,000,000 for each of fiscal years 2022
through 2030, to remain available until expended, to carry out
projects in accordance with this section--
``(A) in the case of fiscal year 2022, in 15
States, including Maine, Pennsylvania, Virginia,
California, Georgia, Texas, Florida, Minnesota, South
Carolina, Wyoming, Iowa, and West Virginia; and
``(B) in the case of each of fiscal years 2023
through 2030, in States selected by the Secretary to be
diverse on the basis of geography, topography, and
demographics.
``(2) Limitation.--Not more than $25,000,000 of the amounts
made available under paragraph (1) for each fiscal year may be
provided for a single project.''.
SEC. 3. RURAL BROADBAND PROGRAM LOANS AND GRANTS.
(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 (c)(2), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) In general.--In making grants, making loans,
and guaranteeing loans under paragraph (1), the
Secretary shall 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.
``(B) Other.--After giving priority to the
applications described in clauses (i) and (ii) of
subparagraph (A), the Secretary shall then give
priority to applications for projects to provide
broadband service to rural communities--
``(i) with a population of less than 10,000
permanent residents; and
``(ii) 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)).
``(C) Additional considerations.--In making grants,
making loans, and guaranteeing loans under this
subsection, the Secretary shall consider whether an
application was developed with the participation of
community stakeholders, and will receive a substantial
portion of the funding for the project from community
stakeholders or other non-Federal sources.'';
(4) in subsection (c)(3)--
(A) in subparagraph (D)(i)--
(i) in subclause (I), by striking
``(2)(A)(i)'' and inserting ``(2)(A)''; and
(ii) in subclause (II), by striking ``any
of subclauses (I) through (IV) of paragraph
(2)(B)(i)'' and inserting ``clause (i) or (ii)
of paragraph (2)(B)''; and
(B) 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)(2)--
(A) in subparagraph (A)--
(i) by striking ``subparagraphs (B) and
(C)'' and inserting ``subparagraph (B)'';
(ii) by striking ``--'' and all that
follows through ``(i)''; and
(iii) by striking the semicolon and all
that follows through ``providers'';
(B) in subparagraph (B), by striking ``(A)(i)'' and
inserting ``(A)''; and
(C) by striking subparagraph (C);
(6) in subsection (d), by striking paragraph (5);
(7) in subsection (j)(1)--
(A) by striking ``$350,000,000'' and inserting
``$5,250,000,000'';
(B) by striking ``2019 through 2023'' and inserting
``2022 through 2030''; and
(C) by striking ``until expended'' and inserting
``for 2 fiscal years after the fiscal year for which
appropriated''; and
(8) in subsection (k), by striking ``2023'' and inserting
``2030''.
(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, 2022, 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, 2023, 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, 2023, under the
pilot program described in such section 779 for which
amounts were not obligated or partially obligated as of
such date.
SEC. 4. COMMUNITY CONNECT GRANTS.
Section 604(g) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-3(g)) is amended by striking ``$50,000,000 for each of fiscal
years 2019 through 2023'' and inserting ``$150,000,000 for each of
fiscal years 2022 through 2030, to remain available for 2 fiscal years
after the fiscal year for which appropriated''.
SEC. 5. DISTANCE LEARNING AND TELEMEDICINE LOANS AND GRANTS.
Section 2335A of the Food Agriculture, Conservation, and Trade Act
of 1990 (7 U.S.C. 950aaa-5) is amended by striking ``$82,000,000 for
each of fiscal years 2019 through 2023'' and inserting ``$150,000,000,
to remain available for 2 fiscal years after the fiscal year for which
appropriated''.
SEC. 6. EXPANSION OF MIDDLE MILE INFRASTRUCTURE INTO RURAL AREAS.
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 through 2023'' and inserting ``$300,000,000 for each fiscal
year, to remain available for 2 fiscal years after the fiscal year for
which appropriated''.
SEC. 7. BROADBAND CONNECTORS PROGRAM.
(a) In General.--The Secretary of Agriculture shall establish a
system for the dissemination of information and technical assistance on
the broadband programs of the Department of Agriculture, which shall be
for the use of entities eligible to receive funds under title II or VI
of the Rural Electrification Act of 1936 (7 U.S.C. 901 et seq.) or
chapter 1 of subtitle D of title XXIII of the Food, Agriculture,
Conservation, and Trade Act of 1990 (7 U.S.C. 950aaa et seq.).
(b) Limitations on Authorization of Appropriations.--To carry out
subsection (a), there are authorized to be appropriated to the
Secretary of Agriculture not more than $25,000,000 for each of fiscal
years 2022 through 2030, which are authorized to remain available
through fiscal year 2030.
SEC. 8. COMMUNITY BROADBAND MAPPING.
(a) Short Title.--This section may be cited as the ``Community
Broadband Mapping Act''.
(b) Rural Broadband Access Grants.--Section 601 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb) is amended by adding at
the end the following:
``(l) Authority To Make Grants to Certain Entities To Collect
Broadband Infrastructure Data.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may make a grant under this section
to a unit of local government, a tribal government or a unit of
tribal government, an economic development or other community
organization, an electric cooperative (as defined in section 3
of the Federal Power Act) that sells electric energy to persons
in rural areas, a telephone cooperative, or an internet service
provider that has not more than 100,000 subscribers, for the
purpose of enabling the collection of data relating to where
broadband infrastructure is located, cost of broadband service,
cost of such service by tier of service, actual speed available
at household, speed advertised, and which homes are provided
with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining
the eligibility of any such entity for such a grant, the term
`rural area' means an area that is not in an urbanized area or
urban cluster with a population of 25,000 or more as determined
by the Bureau of the Census.
``(2) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(3) Limitation on amount available for grants.--The
Secretary may use not more than 1 percent of the amounts made
available under this section for each fiscal year to carry out
this subsection.''.
(c) Expansion of Middle Mile Infrastructure Into Rural Areas
Grants.--Section 602 of the Rural Electrification Act of 1936 (7 U.S.C.
950bb-1) is amended by adding at the end the following:
``(h) Authority To Make Grants to Certain Entities To Collect
Broadband Infrastructure Data.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may make a grant under this section
to a unit of local government, a tribal government or a unit of
tribal government, an economic development or other community
organization, an electric cooperative (as defined in section 3
of the Federal Power Act) that sells electric energy to persons
in rural areas, a telephone cooperative, or an internet service
provider that has not more than 100,000 subscribers, for the
purpose of enabling the collection of data relating to where
broadband infrastructure is located, cost of broadband service,
cost of such service by tier of service, actual speed available
at household, speed advertised, and which homes are provided
with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining
the eligibility of any such entity for such a grant, the term
`rural area' means an area that is not in an urbanized area or
urban cluster with a population of 25,000 or more as determined
by the Bureau of the Census.
``(2) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(3) Limitation on amount available for grants.--The
Secretary may use not more than 1 percent of the amounts made
available under this section for each fiscal year to carry out
this subsection.''.
(d) Innovative Broadband Advancement Grants.--Section 603 of the
Rural Electrification Act of 1936 (7 U.S.C. 950bb-2), as amended by
section 2 of this Act, is amended by adding at the end the following:
``(f) Authority To Make Grants to Certain Entities To Collect
Broadband Infrastructure Data.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may make a grant under this section
to a unit of local government, a tribal government or a unit of
tribal government, an economic development or other community
organization, an electric cooperative (as defined in section 3
of the Federal Power Act) that sells electric energy to persons
in rural areas, a telephone cooperative, or an internet service
provider that has not more than 100,000 subscribers, for the
purpose of enabling the collection of data relating to where
broadband infrastructure is located, cost of broadband service,
cost of such service by tier of service, actual speed available
at household, speed advertised, and which homes are provided
with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining
the eligibility of any such entity for such a grant, the term
`rural area' means an area that is not in an urbanized area or
urban cluster with a population of 25,000 or more as determined
by the Bureau of the Census.
``(2) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(3) Limitation on amount available for grants.--The
Secretary may use not more than 1 percent of the amounts made
available under this section for each fiscal year to carry out
this subsection.''.
(e) Community Connect Grants.--Section 604 of the Rural
Electrification Act of 1936 (7 U.S.C. 950bb-3) is amended by adding at
the end the following:
``(h) Authority To Make Grants to Certain Entities To Collect
Broadband Infrastructure Data.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may make a grant under this section
to a unit of local government, a tribal government or a unit of
tribal government, an economic development or other community
organization, an electric cooperative (as defined in section 3
of the Federal Power Act) that sells electric energy to persons
in rural areas, a telephone cooperative, or an internet service
provider that has not more than 100,000 subscribers, for the
purpose of enabling the collection of data relating to where
broadband infrastructure is located, cost of broadband service,
cost of such service by tier of service, actual speed available
at household, speed advertised, and which homes are provided
with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining
the eligibility of any such entity for such a grant, the term
`rural area' means an area that is not in an urbanized area or
urban cluster with a population of 25,000 or more as determined
by the Bureau of the Census.
``(2) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(3) Limitation on amount available for grants.--The
Secretary may use not more than 1 percent of the amounts made
available under this section for each fiscal year to carry out
this subsection.''.
(f) Distance Learning and Telemedicine Grants.--Section 2333 of the
Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 950aaa-
2) is amended by adding at the end the following:
``(j) Authority To Make Grants to Certain Entities To Collect
Broadband Infrastructure Data.--
``(1) In general.--Notwithstanding any other provision of
this section, the Secretary may make a grant under this section
to a unit of local government, a tribal government or a unit of
tribal government, an economic development or other community
organization, an electric cooperative (as defined in section 3
of the Federal Power Act) that sells electric energy to persons
in rural areas, a telephone cooperative, or an internet service
provider that has not more than 100,000 subscribers, for the
purpose of enabling the collection of data relating to where
broadband infrastructure is located, cost of broadband service,
cost of such service by tier of service, actual speed available
at household, speed advertised, and which homes are provided
with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining
the eligibility of any such entity for such a grant, the term
`rural area' means an area that is not in an urbanized area or
urban cluster with a population of 25,000 or more as determined
by the Bureau of the Census.
``(2) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(3) Limitation on amount available for grants.--The
Secretary may use not more than 1 percent of the amounts made
available under this section for each fiscal year to carry out
this subsection.''.
(g) ReConnect Grants.--Section 779 of division A of the
Consolidated Appropriations Act, 2018 (132 Stat. 399; Public Law 115-
141) is amended by inserting ``: Provided further, That,
notwithstanding any other provision of this section, the Secretary may
use not more than 1 percent of the amounts made available to carry out
this section to make grants, each not exceeding $50,000, to a unit of
local government, a tribal government or a unit of tribal government,
an economic development or other community organization, an electric
cooperative (as defined in section 3 of the Federal Power Act) that
sells electric energy to persons in rural areas, a telephone
cooperative, or an internet service provider that has not more than
100,000 subscribers, for the purpose of enabling the collection of data
relating to where broadband infrastructure is located, cost of
broadband service, cost of such service by tier of service, actual
speed available at household, speed advertised, and which homes are
provided with non-satellite broadband service, without regard to any
household service percentage requirement, and in determining the
eligibility of any such entity for such a grant, the term `rural area'
means an area that is not in an urbanized area or urban cluster with a
population of 25,000 or more as determined by the Bureau of the
Census'' before the period.
(h) Effective Date.--The amendments made by this section shall take
effect 1 year after the date of the enactment of this Act.
SEC. 9. LIMITATIONS ON RESERVATION OF FUNDS.
Section 701(e) of the Rural Electrification Act of 1936 (7 U.S.C.
950cc(e)) is amended to read as follows:
``(e) Limitations on Reservation of Funds.--Not less than 3 but not
more than 7 percent of the amounts appropriated to carry out title VI
shall be set aside to be used--
``(1) for administrative costs to carry out programs under
title VI;
``(2) for technical assistance and pre-development planning
activities to support the most rural communities;
``(3) to conduct oversight under title VI;
``(4) to implement accountability measures and related
activities authorized under title VI; and
``(5) to carry out this section.''.
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