[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3369 Introduced in House (IH)]

<DOC>






117th CONGRESS
  1st Session
                                H. R. 3369

To codify the ReConnect Program, to expand rural broadband assistance, 
 and to improve the administration and accountability of the broadband 
               programs at the Department of Agriculture.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 20, 2021

 Mr. Thompson of Pennsylvania (for himself, Mrs. Fischbach, Mr. Austin 
Scott of Georgia, Mr. Baird, Mr. Jacobs of New York, Mr. Hagedorn, Mr. 
  Kelly of Mississippi, Mr. Balderson, Mr. Crawford, Mr. Allen, Mrs. 
 Hartzler, Mr. Rouzer, Ms. Letlow, Mr. Moore of Alabama, Mrs. Cammack, 
  Mr. Mann, Mr. Johnson of South Dakota, Mr. Feenstra, Mrs. Miller of 
  Illinois, Mr. Rodney Davis of Illinois, Mr. LaMalfa, and Mr. Bacon) 
 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 codify the ReConnect Program, to expand rural broadband assistance, 
 and to improve the administration and accountability of the broadband 
               programs at 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 for Rural America Act''.

SEC. 2. STREAMLINING DUPLICATIVE BROADBAND AUTHORITIES.

    (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 (b), by striking paragraph (2) and 
        redesignating paragraph (3) as paragraph (2);
            (4) in subsection (c)--
                    (A) by striking paragraph (2) and inserting the 
                following:
            ``(2) Priority.--
                    ``(A) In general.--In providing assistance under 
                this section the Secretary shall--
                            ``(i) 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;
                            ``(ii) give priority to applicants for 
                        projects which propose to serve communities--
                                    ``(I) with a population of less 
                                than 10,000 permanent residents;
                                    ``(II) that are experiencing 
                                outmigration and have adopted a 
                                strategic community investment plan 
                                under section 379H(d) of the 
                                Consolidated Farm and Rural Development 
                                Act that includes considerations for 
                                improving and expanding broadband 
                                service;
                                    ``(III) 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)); or
                                    ``(IV) that are isolated from other 
                                significant population centers.
                    ``(B) Additional priority for advanced projects.--
                After giving priority to the applications described in 
                subparagraph (A), the Secretary shall then give 
                priority to applications for projects which propose to 
                provide--
                            ``(i) the maximum level of broadband 
                        service to the greatest proportion of rural 
                        premises in the proposed service area 
                        identified in the application;
                            ``(ii) rapid and expanded deployment of 
                        fixed and mobile broadband on cropland and 
                        ranchland within a service territory that is 
                        not supported by funds from the 5G Fund for 
                        Rural America established by the Federal 
                        Communications Commission in the Report and 
                        Order in the matter of Establishing a 5G Fund 
                        for Rural America (FCC 20-150; adopted October 
                        27, 2020), for use in various applications of 
                        precision agriculture.
                    ``(C) Additional priority for community 
                stakeholders.--The Secretary shall further prioritize 
                projects based on the number of community stakeholders 
                served, including--
                            ``(i) State, local, and tribal government 
                        entities;
                            ``(ii) nonprofit institutions;
                            ``(iii) community anchor institutions, such 
                        as--
                                    ``(I) public libraries;
                                    ``(II) elementary schools and 
                                secondary schools (as defined in 
                                section 8101 of the Elementary and 
                                Secondary Education Act of 1965 (20 
                                U.S.C. 7801));
                                    ``(III) institutions of higher 
                                education;
                                    ``(IV) health care facilities; or
                                    ``(V) other essential community 
                                facilities;
                            ``(iv) rural businesses; or
                            ``(v) philanthropic organizations.
                    ``(D) Administration.--In implementing this 
                section, the Secretary shall--
                            ``(i) provide equal consideration to all 
                        eligible entities, including those that have 
                        not previously received assistance under this 
                        title; and
                            ``(ii) with respect to 2 or more 
                        applications that are given the same priority 
                        under this paragraph, give priority to an 
                        application that is proposing to serve the 
                        highest number of households without sufficient 
                        broadband service.''; and
                    (B) in paragraph (3)--
                            (i) by striking ``Grant amounts'' and 
                        inserting ``Additional requirements for grant 
                        awards''; and
                            (ii) 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)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A)--
                                    (I) by striking ``subparagraphs (B) 
                                and (C)'' and inserting ``subparagraph 
                                (B)'';
                                    (II) by striking ``submitted--'' 
                                and all that follows through ``(i)'' 
                                and inserting ``submitted''; and
                                    (III) by striking ``; and'' and all 
                                that follows through ``providers''; and
                            (ii) by striking subparagraph (C); and
                    (B) in paragraph (3)(B)(iii), by striking subclause 
                (II) and inserting the following:
                                    ``(II) demonstrated on the maps 
                                required to be created under section 
                                802(c) of the Communications Act of 
                                1934 (47 U.S.C. 642(c)), if address 
                                level data is available.''; and
            (6) by striking subsection (j) and inserting the following:
    ``(j) Limitations on Authorization of Appropriations.--There is 
authorized to be appropriated to the Secretary to carry out this 
section, to remain available until expended--
            ``(1) $350,000,000 for fiscal year 2021;
            ``(2) $3,500,000,000 for fiscal year 2022; and
            ``(3) $3,500,000,000 for fiscal year 2023.''.
    (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, 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. 3. EXPANDING MIDDLE-MILE INFRASTRUCTURE IN RURAL AMERICA.

    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'' and inserting ``$150,000,000 for each of fiscal years 
2021''.

SEC. 4. FOSTERING BROADBAND TECHNOLOGY INNOVATION.

    Section 603(e) of the Rural Electrification Act of 1936 (7 U.S.C. 
950bb-2(e)) is amended by striking ``$10,000,000 for each of fiscal 
years 2019'' and inserting ``$50,000,000 for each of fiscal years 
2021''.

SEC. 5. BROADBAND PROGRAM OVERSIGHT AND ACCOUNTABILITY.

    Section 701 of the Rural Electrification Act of 1936 (7 U.S.C. 
950cc) is amended--
            (1) in subsection (b)(2)(A), by inserting ``(which data 
        shall include maps required to be created under section 802(c) 
        of the Communications Act of 1934)'' before ``and the 
        Administrator''; and
            (2) in subsection (e)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``program level amounts available pursuant 
                to'' and inserting ``the''; and
                    (B) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4), respectively, and inserting 
                before paragraph (2) (as so redesignated) the 
                following:
            ``(1) administrative costs for carrying out such title;''.

SEC. 6. AMENDMENTS TO FEDERAL BROADBAND PROGRAM COORDINATION 
              REQUIREMENTS.

    Section 6212 of the Agriculture Improvement Act of 2018 (7 U.S.C. 
950bb-6) is amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) through (d) as 
        subsections (d) through (f), respectively; and
            (3) by inserting before subsection (d) (as so redesignated) 
        the following:
    ``(a) Eligibility Verification.--The Secretary shall consult with 
the Commission to assist in the verification of eligibility of the 
broadband loan and grant programs of the Department of Agriculture. In 
providing assistance under the preceding sentence, the Commission shall 
make available the broadband assessment and mapping capabilities of the 
Commission.
    ``(b) Information-Sharing.--
            ``(1) The Secretary shall semiannually submit to the 
        Assistant Secretary and the Commission complete, reliable, and 
        precise information (in a manner consistent with how 
        information is submitted under section 802 of the 
        Communications Act of 1934 (47 U.S.C. 642)) which identifies 
        the areas for which broadband service has been deployed under a 
        loan or grant program of the Department of Agriculture.
            ``(2) The Assistant Secretary shall semiannually submit to 
        the Secretary complete, reliable, and precise information (in a 
        manner consistent with how information is submitted under 
        section 802 of the Communications Act of 1934 (47 U.S.C. 642)) 
        which identifies the areas for which broadband service has been 
        deployed under any assistance provided by the Assistant 
        Secretary, unless the Assistant Secretary has submitted the 
        information to the Commission and the information is 
        incorporated into the maps required to be created under section 
        802(c) of the Communications Act of 1934 (47 U.S.C. 642(c)) and 
        is shared with the Secretary under paragraph (3) of this 
        subsection.
            ``(3) On request of the Secretary, the Commission shall 
        provide to the Secretary the maps required to be created under 
        section 802(c) of the Communications Act of 1934 (47 U.S.C. 
        642(c)).
    ``(c) Consultations Between USDA and NTIA.--
            ``(1) By usda.--The Secretary shall consult with the 
        Assistant Secretary before providing broadband assistance for a 
        project to serve an area with respect to which another entity 
        is receiving assistance under any broadband assistance program 
        administered by the Assistant Secretary.
            ``(2) By ntia.--The Assistant Secretary shall consult with 
        the Secretary before offering or providing broadband assistance 
        for a project to serve an area with respect to which another 
        entity has received broadband assistance under a loan or grant 
        program of the Department of Agriculture.''.
                                 <all>