[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4374 Reported in House (RH)]
<DOC>
Calendar No. 466
117th CONGRESS
2d Session
H. R. 4374
[Report No. 117-113, Part I]
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
August 6, 2021
Reported from the Committee on Agriculture with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
August 6, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than September 24, 2021
September 24, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than October 28, 2021
October 28, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than November 5, 2021
November 5, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than November 18, 2021
November 18, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than December 3, 2021
December 3, 2021
Referral to the Committee on Energy and Commerce extended for a period
ending not later than January 21, 2022
January 21, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than March 18, 2022
March 18, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than April 29, 2022
April 29, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than May 6, 2022
May 6, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than May 26, 2022
May 24, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than June 28, 2022
June 28, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than July 15, 2022
July 15, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than July 29, 2022
July 29, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than September 12, 2022
September 9, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than September 22, 2022
September 22, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than November 14, 2022
November 14, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than December 8, 2022
December 8, 2022
Referral to the Committee on Energy and Commerce extended for a period
ending not later than December 15, 2022
December 16, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on July 9,
2021]
_______________________________________________________________________
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 2029, to remain available until expended, to carry out
projects in States and territories 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
inhabitants; or
``(ii) with a high percentage of low income
families or persons (as defined in section
501(b) of the Housing Act of 1949).
``(C) Ports in rural areas priority.--
``(i) Definition of port.--In this
subparagraph, the term `port' means--
``(I) any port on the navigable
waters of the United States, including
territories;
``(II) any harbor, marine terminal,
or other shore side facility used
principally for the movement of goods
on inland waters; and
``(III) any port formed in
accordance with applicable State or
territory law.
``(ii) Priority.--In addition to the
priority given under subparagraph (B), the
Secretary shall give equal priority to an
application for a project that would increase
the availability of broadband service in a port
in a rural area.
``(D) 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 (B)--
(i) by striking ``and'' at the end of
clause (i);
(ii) by striking the period at the end of
clause (ii) and inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) shall be subject to a grant
agreement of not less than ten years.'';
(B) 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
(C) 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 ``is submitted--'' and all
that follows through ``(i) not less'' and
inserting ``is submitted not less'' ; and
(iii) by striking ``(e); and'' and all that
follows and inserting ``(e).'';
(B) in subparagraph (B), by striking ``Subparagraph
(A)(i)'' and inserting ``Subparagraph (A)''; and
(C) by striking subparagraph (C);
(6) in subsection (d), by striking paragraph (5);
(7) by striking subsection (j) and inserting the following:
``(j) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary to carry out this section $4,500,000,000
for each of fiscal years 2022 through 2029, to remain available for 5
fiscal years after the fiscal year for which appropriated.''; and
(8) in subsection (k), by striking ``2023'' and inserting
``2029''.
(b) Regulations.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Agriculture shall promulgate
rules to carry out the amendments made by subsection (a) of this
section, and complete the biennial review process required by section
601(e)(2) of the Rural Electrification Act of 1936.
(c) 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.
(d) 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. 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 2029, 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
for each of fiscal years 2022 through 2029, 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 of
fiscal years 2022 through 2029, 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, such as Indian tribes and tribal
organizations, 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 2029, which are authorized to remain available
through fiscal year 2029.
SEC. 8. COMMUNITY BROADBAND MAPPING.
Section 701 of the Rural Electrification Act of 1936 (7 U.S.C.
950cc) is amended by redesignating subsection (e) as subsection (f) and
inserting after subsection (d) the following:
``(e) Community Broadband Mapping Program.--
``(1) In general.--The Secretary may make grants to
eligible entities for the purpose of collecting broadband
service data to assist the Secretary in--
``(A) establishing the availability of broadband
service or middle mile infrastructure in a rural area;
``(B) determining the eligibility of a community
for assistance under any broadband program administered
by the Secretary; or
``(C) undertaking a service area assessment under
this section.
``(2) Application.--To apply for a grant under this
section, an entity shall submit an application therefor which
identifies--
``(A) the data collection area;
``(B) the purpose of the data collection;
``(C) the types of broadband service data to be
collected;
``(D) the survey and data collection methods to be
utilized; and
``(E) any other information the Secretary
determines necessary to promote the integrity of
broadband service data collected under this section.
``(3) Limitation on grant amount.--The amount of a grant
made under this subsection shall not exceed $50,000.
``(4) Broadband service data usage.--The Secretary shall
ensure that any broadband service data collected under this
section is--
``(A) measured or assessed in accordance with such
standards as the Secretary may establish;
``(B) accurate and verifiable in accordance with
such standards as the Secretary may establish;
``(C) included in any broadband maps or data sets
maintained by the Secretary; and
``(D) made available to the Chair of the Federal
Communications Commission and the Administrator of the
National Telecommunications and Information
Administration for inclusion in any broadband maps or
data sets either may maintain.
``(5) Definitions.--In this subsection:
``(A) Broadband service.--The term `broadband
service' has the meaning given the term in section 601.
``(B) Broadband service data.--
``(i) In general.--The term `broadband
service data' means information related to--
``(I) the location and type of
broadband service;
``(II) the location and type of
broadband infrastructure;
``(III) the advertised, maximum,
and average speed of broadband service;
``(IV) the average price of the
most subscribed tier of broadband
service;
``(V) the speed tiers of broadband
service available in the area; or
``(VI) any additional metric the
Secretary deems appropriate.
``(ii) Further definition.--The Secretary
shall further define the term `broadband
service data' to ensure that data is measured
and collected in a manner consistent with the
reporting requirements under this section, and
any broadband coordination or data- sharing
obligations.
``(C) Eligible entity.--The term `eligible entity'
means--
``(i) a unit of local government in a rural
area;
``(ii) a tribal government or unit of
tribal government;
``(iii) an economic development or other
community organization;
``(iv) an eligible entity under title I or
II that serves persons in rural areas;
``(v) an internet service provider that has
not more than 100,000 subscribers; or
``(vi) any other entity eligible under a
title VI program that is not an internet
service provider.
``(D) Middle mile infrastructure.--The term `middle
mile infrastructure' has the meaning given the term in
section 602.
``(E) Rural area.--The term `rural area' has the
meaning given the term in section 601.
``(6) Limitation on amount made available for grants.--The
Secretary may not expend more than 1 percent of the amounts
made available under subsection (f) for each of fiscal years
2022 through 2029 to carry out this subsection.''.
SEC. 9. LIMITATIONS ON RESERVATION OF FUNDS.
Section 701(f) of the Rural Electrification Act of 1936 (7 U.S.C.
950cc(f)), as so redesignated by section 8 of this Act, is amended to
read as follows:
``(f) 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.''.
Calendar No. 466
117th CONGRESS
2d Session
H. R. 4374
[Report No. 117-113, Part I]
_______________________________________________________________________
A BILL
To bolster certain rural broadband programs of the Department of
Agriculture.
_______________________________________________________________________
December 16, 2022
Committee on Energy and Commerce discharged; committed to the Committee
of the Whole House on the State of the Union and ordered to be printed