IB
Calendar No. 466
117th CONGRESS
2d Session
H. R. 4374
[Report No. 117–113, Part I]
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.
Short title
This Act may be cited as the Broadband Internet Connections for Rural America Act
.
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:
Authorization of appropriations
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.
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.
.
Rural broadband program loans and grants
In general
Section 601 of the Rural Electrification Act of 1936 (7 U.S.C. 950bb) is amended—
in the section heading, by striking Access to broadband telecommunications services in rural areas
and inserting Reconnect rural broadband program
;
by striking subsection (a) and inserting the following:
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.
;
in subsection (c)(2), by striking subparagraphs (A) and (B) and inserting the following:
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—
a 10–Mbps downstream transmission capacity; and
a 1–Mbps upstream transmission capacity.
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—
with a population of less than 10,000 inhabitants; or
with a high percentage of low income families or persons (as defined in section 501(b) of the Housing Act of 1949).
Ports in rural areas priority
Definition of port
In this subparagraph, the term port
means—
any port on the navigable waters of the United States, including territories;
any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters; and
any port formed in accordance with applicable State or territory law.
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.
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.
;
in subsection (c)(3)—
in subparagraph (B)—
by striking and
at the end of clause (i);
by striking the period at the end of clause (ii) and inserting ; and
; and
by adding at the end the following:
shall be subject to a grant agreement of not less than ten years.
;
in subparagraph (D)(i)—
in subclause (I), by striking (2)(A)(i)
and inserting (2)(A)
; and
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
by striking subparagraph (E) and inserting the following:
Applications
Grant-only applications
The Secretary shall establish an application process that permits an application for a grant-only award.
Combined applications
The Secretary shall establish an application process that permits—
a single application for a grant and a loan under title I or II, or this title, that is associated with the grant; and
provides a single decision to award the grant and the loan.
;
in subsection (d)(2)—
in subparagraph (A)—
by striking subparagraphs (B) and (C)
and inserting subparagraph (B)
;
by striking is submitted—
and all that follows through (i) not less
and inserting is submitted not less
; and
by striking (e); and
and all that follows and inserting (e).
;
in subparagraph (B), by striking Subparagraph (A)(i)
and inserting Subparagraph (A)
; and
by striking subparagraph (C);
in subsection (d), by striking paragraph (5);
by striking subsection (j) and inserting the following:
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
in subsection (k), by striking 2023
and inserting 2029
.
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.
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.
Transition rules
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.
Consolidation of funds
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.
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.
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
.
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
.
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
.
Broadband Connectors Program
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.).
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.
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:
Community broadband mapping program
In general
The Secretary may make grants to eligible entities for the purpose of collecting broadband service data to assist the Secretary in—
establishing the availability of broadband service or middle mile infrastructure in a rural area;
determining the eligibility of a community for assistance under any broadband program administered by the Secretary; or
undertaking a service area assessment under this section.
Application
To apply for a grant under this section, an entity shall submit an application therefor which identifies—
the data collection area;
the purpose of the data collection;
the types of broadband service data to be collected;
the survey and data collection methods to be utilized; and
any other information the Secretary determines necessary to promote the integrity of broadband service data collected under this section.
Limitation on grant amount
The amount of a grant made under this subsection shall not exceed $50,000.
Broadband service data usage
The Secretary shall ensure that any broadband service data collected under this section is—
measured or assessed in accordance with such standards as the Secretary may establish;
accurate and verifiable in accordance with such standards as the Secretary may establish;
included in any broadband maps or data sets maintained by the Secretary; and
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.
Definitions
In this subsection:
Broadband service
The term broadband service
has the meaning given the term in section 601.
Broadband service data
In general
The term broadband service data
means information related to—
the location and type of broadband service;
the location and type of broadband infrastructure;
the advertised, maximum, and average speed of broadband service;
the average price of the most subscribed tier of broadband service;
the speed tiers of broadband service available in the area; or
any additional metric the Secretary deems appropriate.
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.
Eligible entity
The term eligible entity
means—
a unit of local government in a rural area;
a tribal government or unit of tribal government;
an economic development or other community organization;
an eligible entity under title I or II that serves persons in rural areas;
an internet service provider that has not more than 100,000 subscribers; or
any other entity eligible under a title VI program that is not an internet service provider.
Middle mile infrastructure
The term middle mile infrastructure
has the meaning given the term in section 602.
Rural area
The term rural area
has the meaning given the term in section 601.
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.
.
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:
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—
for administrative costs to carry out programs under title VI;
for technical assistance and pre-development planning activities to support the most rural communities;
to conduct oversight under title VI;
to implement accountability measures and related activities authorized under title VI; and
to carry out this section.
.
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