[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2880 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 2880

 To amend the Rural Electrification Act of 1936 to establish an Office 
 of Rural Broadband Initiatives in the Department of Agriculture, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 14, 2009

Mrs. Gillibrand introduced the following bill; which was read twice and 
   referred to the Committee on Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
 To amend the Rural Electrification Act of 1936 to establish an Office 
 of Rural Broadband Initiatives in the Department of Agriculture, and 
                          for other purposes.

    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 ``Rural Broadband Initiative Act of 
2009''.

SEC. 2. OFFICE OF RURAL BROADBAND INITIATIVES.

    (a) In General.--Title VI of the Rural Electrification Act of 1936 
(7 U.S.C. 950bb et seq.) is amended--
            (1) by redesignating sections 601 and 602 as sections 603 
        and 604, respectively; and
            (2) by inserting before section 603 (as so redesignated) 
        the following:

``SEC. 601. DEFINITIONS.

    ``In this title:
            ``(1) Office.--The term `Office' means the Office of Rural 
        Broadband Initiatives established by section 602(a)(1).
            ``(2) Under secretary.--The term `Under Secretary' means 
        the Under Secretary for Rural Broadband Initiatives appointed 
        under section 602(a)(2).

``SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES.

    ``(a) Establishment.--
            ``(1) In general.--There is established in the Department 
        of Agriculture an office to be known as the `Office of Rural 
        Broadband Initiatives'.
            ``(2) Under secretary.--The head of the Office shall be the 
        Under Secretary for Rural Broadband Initiatives, who shall--
                    ``(A) be appointed by the President, by and with 
                the advice and consent of the Senate; and
                    ``(B) report directly to the Secretary.
    ``(b) Responsibilities.--
            ``(1) In general.--The Under Secretary shall--
                    ``(A) as of the date of enactment of this section, 
                administer all rural broadband-related grant and loan 
                programs previously administered by the Administrator 
                of the Rural Utilities Service, including--
                            ``(i) the rural broadband access loan and 
                        loan guarantee program established under 
                        section 603; and
                            ``(ii) the Community Connect Grant Program 
                        described in subpart A of part 1739 of title 7, 
                        Code of Federal Regulations (or successor 
                        regulations).
            ``(2) Requirements.--The Under Secretary shall--
                    ``(A) conduct extensive, nationwide outreach to 
                rural areas;
                    ``(B) foster the development of a comprehensive 
                rural broadband strategic vision;
                    ``(C) plan coordination of Federal resources for 
                State, regional, and local governments to assist 
                citizens living and working in rural areas;
                    ``(D) assess all relevant technologies (including 
                WiFi, WIMAX, DSL, cable, satellite, fiber, optical 
                fiber, and broadband) over power lines, as the 
                technologies are able to support in whole or in part 
                rural broadband needs and requirements;
                    ``(E) serve as a single information source for all 
                rural broadband programs and services administered by 
                Federal agencies; and
                    ``(F) provide technical assistance to State, 
                regional, and local governments to develop broadband 
                deployment strategies.
    ``(c) Comprehensive Rural Broadband Strategy.--
            ``(1) In general.--Not later than 180 days after the 
        appointment of the first Under Secretary, the Under Secretary 
        shall submit to the President and Congress a report describing 
        comprehensive rural broadband strategy that includes--
                    ``(A) recommendations--
                            ``(i) to promote interagency coordination 
                        of Federal agencies in regards to policies, 
                        procedures, and targeted resources, and to 
                        improve and streamline the polices, programs, 
                        and services;
                            ``(ii) to coordinate among Federal agencies 
                        regarding existing rural broadband or rural 
                        initiatives that could be of value to rural 
                        broadband development;
                            ``(iii) to address both short- and long-
                        term solutions and needs assessments for a 
                        rapid build-out of rural broadband solutions 
                        and applications for Federal, State, regional, 
                        and local government policy makers;
                            ``(iv) to identify how specific Federal 
                        agency programs and resources can best respond 
                        to rural broadband requirements and overcome 
                        obstacles that currently impede rural broadband 
                        deployment; and
                            ``(v) to promote successful model 
                        deployments and appropriate technologies being 
                        used in rural areas so that State, regional, 
                        and local governments can benefit from the 
                        cataloging and successes of other State, 
                        regional, and local governments; and
                    ``(B) a description of goals and timeframes to 
                achieve the strategic plans and visions identified in 
                the report.
            ``(2) Updates.--The Under Secretary shall update and 
        evaluate the report described in paragraph (1) on an annual 
        basis.
    ``(d) National Rural Broadband Innovation Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a revolving fund, to be known as the 
        `National Rural Broadband Innovation Fund' (referred to in this 
        subsection as the `Fund'), consisting of--
                    ``(A) such amounts as are appropriated to the Fund 
                under paragraph (5); and
                    ``(B) any interest earned on investment of amounts 
                in the Fund under paragraph (4).
            ``(2) Use of fund.--
                    ``(A) In general.--The Under Secretary shall use 
                the amounts in the Fund to fund experimental and pilot 
                rural broadband projects and applications, including 
                WiFi, WIMAX, DSL, cable, satellite, fiber, optical 
                fiber, and broadband delivery over power lines.
                    ``(B) Report.--Not later than 90 days after the 
                date of appointment of the first Under Secretary, the 
                Under Secretary shall submit to Congress a report that 
                describes--
                            ``(i) proposed rules for the administration 
                        of the Fund; and
                            ``(ii) proposed qualification guidelines 
                        for projects to receive funding under this 
                        subsection.
            ``(3) Expenditures from fund.--
                    ``(A) In general.--Subject to subparagraph (B), on 
                request by the Under Secretary, the Secretary of the 
                Treasury shall transfer from the Fund to the Under 
                Secretary such amounts as the Under Secretary 
                determines are necessary to fund projects under 
                paragraph (2).
                    ``(B) Administrative expenses.--An amount not 
                exceeding 10 percent of the amounts in the Fund shall 
                be available for each fiscal year to pay the 
                administrative expenses necessary to carry out this 
                subsection.
            ``(4) Investment of amounts.--
                    ``(A) In general.--The Secretary of the Treasury 
                shall invest such portion of the Fund as is not, in the 
                judgment of the Secretary of the Treasury, required to 
                meet current withdrawals.
                    ``(B) Interest-bearing obligations.--Investments 
                may be made only in interest-bearing obligations of the 
                United States.
                    ``(C) Acquisition of obligations.--For the purpose 
                of investments under subparagraph (A), obligations may 
                be acquired--
                            ``(i) on original issue at the issue price; 
                        or
                            ``(ii) by purchase of outstanding 
                        obligations at the market price.
                    ``(D) Sale of obligations.--Any obligation acquired 
                by the Fund may be sold by the Secretary of the 
                Treasury at the market price.
                    ``(E) Credits to fund.--The interest on, and the 
                proceeds from the sale or redemption of, any 
                obligations held in the Fund shall be credited to, and 
                form a part of, the Fund.
            ``(5) Authorization of appropriations.--There is authorized 
        to be appropriated to the Fund $20,000,000 for each of fiscal 
        years 2008 through 2012.
    ``(e) Rural Broadband Advisory Panel.--
            ``(1) In general.--Not later than 60 days after the date of 
        appointment of the first Under Secretary, the Under Secretary 
        shall submit to Congress a plan to establish a Rural Broadband 
        Advisory Panel (referred to in this subsection as the `Panel').
            ``(2) Chairperson.--The Panel shall be chaired by the Under 
        Secretary or a designee.
            ``(3) Membership.--The Panel shall be composed of 
        representatives of--
                    ``(A) State government;
                    ``(B) local government;
                    ``(C) communications equipment vendors (including 
                broadband data service providers);
                    ``(D) public utility services;
                    ``(E) local exchange carriers;
                    ``(F) wireless carriers;
                    ``(G) satellite communications services; and
                    ``(H) other appropriate public or private sector 
                entities, as determined by the Under Secretary.
            ``(4) Meetings.--The Panel shall meet not less than 4 times 
        each year.
            ``(5) Duties.--The Advisory Panel shall--
                    ``(A) assist the Under Secretary in updating the 
                annual report described in subsection (c)(2);
                    ``(B) evaluate the effectiveness of all Federal 
                broadband assistance programs and policies aimed at 
                fostering broadband access in rural and underserved 
                areas;
                    ``(C) evaluate best practices employed at the State 
                and local government level to foster broadband access 
                in rural and underserved areas; and
                    ``(D) cooperate with the Under Secretary in 
                addressing and evaluating issues determined by the 
                Under Secretary to be critical to fostering broadband 
                access and connectivity in rural and underserved areas.
    ``(f) Web-Based Clearinghouse.--The Under Secretary shall establish 
a comprehensive and interactive rural broadband Web-based clearinghouse 
that describes options, opportunities, resources, successful public-
private partnerships, comprehensive funding sources, and technology 
tutorials for rural broadband, including--
            ``(1) case studies;
            ``(2) descriptions of best practices;
            ``(3) assessments of various technology solutions;
            ``(4) feasibility studies;
            ``(5) applications, including telework, telemedicine, 
        distance learning, training, homeland security, senior citizen 
        connectivity and program development, and business and economic 
        development;
            ``(6) rural broadband options and policies analysis; and
            ``(7) support for networks among rural communities and 
        economic development agencies.''.
    (b) Conforming Amendments.--Section 603 of the Rural 
Electrification Act of 1936 (as redesignated by subsection (a)(1)) is 
amended--
            (1) in subsection (d)(1)(B), by striking ``subsection (k)'' 
        and inserting ``subsection (l)'';
            (2) in subsection (j), by striking ``Administrator'' and 
        inserting ``Under Secretary'';
            (3) by redesignating subsections (k) and (l) as subsections 
        (l) and (m), respectively; and
            (4) by inserting after subsection (j) the following :
    ``(k) Rules Revision.--
            ``(1) In general.--Not later than 60 days after the date of 
        appointment of the first Under Secretary, the Under Secretary 
        shall submit to Congress a revision of the rules and 
        qualification criteria for the loan and loan guarantee program 
        under this section.
            ``(2) Requirements.--In preparing the revision, the Under 
        Secretary shall--
                    ``(A) emphasize streamlining the application 
                process and processing time;
                    ``(B) ensure that the financial requirements for 
                applicants do not unduly disqualify applicants that 
                have demonstrated a viable business plan; and
                    ``(C) not diminish the mission of the program to 
                deliver broadband service to underserved rural 
                areas.''.

SEC. 3. SUFFICIENCY OF RESOURCES.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of Agriculture shall submit to Congress a 
report describing the resources and staff necessary to carry out this 
Act and the amendments made by this Act.
    (b) Preparation of Report.--The Secretary shall provide the Office 
of Rural Broadband Initiatives the resources and staff necessary to 
carry out this section.
    (c) Comptroller General Review.--
            (1) In general.--The Comptroller General of the United 
        States shall review the report submitted under subsection (a) 
        for validity.
            (2) Report.--Not later than 30 days after the date on which 
        the report is submitted under subsection (a), the Comptroller 
        General of the United States shall submit to Congress a report 
        containing the findings of the review under paragraph (1).
                                 <all>