S.Amdt. 3234

SA 3234. Mr. DAINES (for himself and Mr. Moran) submitted an
amendment intended to be proposed to amendment SA 3224 proposed by Mr.
Roberts (for himself and Ms. Stabenow) to the bill H.R. 2, to provide
for

[[Page S4643]]

the reform and continuation of agricultural and other programs of the
Department of Agriculture through fiscal year 2023, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle B of title VI, add the following:

SEC. 62__. USE OF ASSISTANCE FOR DEPLOYMENT OF BROADBAND
INFRASTRUCTURE.

Title VI of the Rural Electrification Act of 1936 (7 U.S.C.
950bb et seq.) (as amended by section 6208) is amended by
adding at the end the following:

``SEC. 606. USE OF ASSISTANCE FOR DEPLOYMENT OF BROADBAND
INFRASTRUCTURE.

``(a) Definition of Qualifying Broadband-capable
Infrastructure.--In this section, the term `qualifying
broadband-capable infrastructure' means fixed broadband-
capable infrastructure--
``(1) used by a service provider to provide fixed broadband
service for which the service provider receives universal
service support under section 254 of the Communications Act
of 1934 (47 U.S.C. 254), if--
``(A) the broadband service satisfies any applicable
broadband speed standards under that section and the
regulations issued under that section; or
``(B) the service provider is in compliance with buildout
obligations to provide retail fixed broadband service that
will comply with applicable broadband speed standards
described in subparagraph (A); or
``(2) that--
``(A) was financed with funds provided by the Secretary
under this Act or any other program carried out by the
Secretary for the costs of the construction, improvement, or
acquisition of facilities or equipment for the purpose of
providing fixed telecommunications or broadband service; and
``(B)(i) is used to provide fixed broadband service, if--
``(I) the broadband service satisfies any applicable
broadband speed standards established by the Secretary; or
``(II) the service provider is in compliance with buildout
obligations to provide retail fixed broadband service that
will comply with applicable broadband speed standards
described in subclause (I); or
``(ii) was financed with a loan under this Act or any other
program carried out by the Secretary that remains
outstanding.
``(b) Restriction on Use of Assistance.--A loan, grant, or
other assistance awarded under this Act, or by the rural
development mission area under the Consolidated Farm and
Rural Development Act (7 U.S.C. 1921 et seq.), may not be
used to coordinate, approve, or finance the deployment of
broadband-capable infrastructure by a service provider to
provide retail fixed broadband service that would overbuild
or otherwise duplicate qualifying broadband-capable
infrastructure that another service provider is using to
provide retail fixed broadband service in the same area.
``(c) Use of Assistance in Unserved Areas.--A loan, grant,
or other assistance provided by the Secretary, acting through
the Administrator of the Rural Utilities Service, to
coordinate, approve, or finance the deployment of broadband-
capable infrastructure by a service provider may be used to
provide retail fixed broadband service in an area in which
there is no qualifying broadband-capable infrastructure owned
or operated by another service provider.''.
______