[Congressional Record Volume 164, Number 139 (Tuesday, August 21, 2018)]
[Senate]
[Pages S5761-S5762]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. WYDEN:
S. 3360. A bill to amend the Rural Electrification Act of 1936 to
improve access to broadband telecommunications services in rural areas,
including by encouraging the provision of broadband loans and grants to
increase broadband service in emerging harbor projects, and for other
purposes; to the Committee on Agriculture, Nutrition, and Forestry.
Mr. WYDEN. Mr. President, today I am introducing the Broadband
Internet for Small Ports Act to help small ports access broadband loans
and grants, which will increase internet service in rural coastal
communities nationwide.
Nearly a third of Americans lack access to high-speed internet, and
there is a considerable digital divide between rural and urban America.
Rural communities must be brought up to speed so that all Americans can
compete online in a global economy.
In rural coastal areas people congregate near inland and small ports,
and these harbors act as hubs for commerce and tourism. This bill
recognizes the importance of small ports to their rural economies. This
bill will help small ports nationwide get Federal loans and grants and
improve their broadband coverage, thereby enabling working-waterfronts
to order inventory and coordinate deliveries, access real-time weather
updates, and grow economically.
Broadband loan and grant applications submitted to the Department of
Agriculture's Rural Utility Service are assigned different levels of
priority before they are awarded. This bill recognizes the importance
of small ports, and elevates the priority of applications seeking to
boost internet capacity. This bill states that broadband loan and grant
applications from small ports will be considered equal in priority to
applications that are developed with the participation of a non-profit
or philanthropic organization.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 3360
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 for Small
Ports Act''.
SEC. 2. ACCESS TO BROADBAND TELECOMMUNICATIONS SERVICES IN
RURAL AREAS.
Section 601 of the Rural Electrification Act of 1936 (7
U.S.C. 950bb) is amended--
(1) in subsection (a), by striking ``loans and'' and
inserting ``grants, loans, and'';
(2) in subsection (c)--
(A) in the subsection heading, by striking ``Loans and''
and inserting ``Grants, Loans, and'';
(B) in paragraph (1), by inserting ``make grants and''
after ``Secretary shall'';
(C) by striking paragraph (2) and inserting the following:
``(2) Priority.--
``(A) In general.--In making grants, loans, or loan
guarantees under paragraph (1), 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;
``(ii) give priority to applications for projects to
provide the maximum level of broadband service to the
greatest proportion of rural households in the proposed
service area identified in the application;
``(iii) give priority to applications for projects to
provide rapid and expanded deployment of fixed and mobile
broadband on cropland and ranchland within a service
territory for use in various applications of precision
agriculture;
``(iv) provide equal consideration to all eligible
entities, including those that have not previously received
grants, loans, or loan guarantees under paragraph (1); and
``(v) with respect to 2 or more applications that are given
the same priority under clause (i), give priority to an
application that requests less grant funding than loan
funding.
``(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--
``(i) for projects to provide broadband service to rural
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)
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; and
``(ii) that were developed with the participation of, and
will receive a substantial portion of the funding for the
project from, 1 or more stakeholders, including--
``(I) State, local, and tribal governments;
``(II) nonprofit institutions;
``(III) community anchor institutions, such as--
``(aa) public libraries;
``(bb) elementary schools and secondary schools (as defined
in section 8101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 7801));
``(cc) institutions of higher education; and
``(dd) health care facilities;
``(IV) private entities; and
``(V) philanthropic organizations.
``(C) Emerging harbor projects 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
an emerging harbor project (as defined in section 210(f) of
the Water Resources Development Act of 1986 (33 U.S.C.
2238(f))), without regard to whether the application is from
an emerging harbor project.
``(D) Identification of unserved communities.--
``(i) In general.--In the case of an application given the
highest priority under subparagraph (A)(i), the Secretary
shall confirm that each unserved rural community identified
in the application is eligible for funding by--
``(I) conferring with and obtaining data from the Chair of
the Federal Communications Commission and the Administrator
of the National Telecommunications and Information
Administration with respect to the service level in the
service area proposed in the application;
``(II) reviewing any other source that is relevant to
service data validation, as determined by the Secretary; and
``(III) performing site-specific testing to verify the
unavailability of any residential broadband service in the
unserved rural community.
``(ii) Adjustments.--Not less often than once every 2
years, the Secretary shall review, and may adjust through
notice published in the Federal Register, the unserved
communities identified under clause (i).''; and
(D) by adding at the end the following:
``(3) Grant amounts.--
``(A) Definition of development costs.--In this paragraph,
the term `development costs' means costs of--
[[Page S5762]]
``(i) construction, including labor and materials;
``(ii) project applications; and
``(iii) other development activities, as determined by the
Secretary.
``(B) Eligibility.--To be eligible for a grant under this
section, the project that is the subject of the grant shall
be carried out in a rural area.
``(C) Maximum.--Except as provided in subparagraph (D), the
amount of any grant made under this section shall not exceed
50 percent of the development costs of the project for which
the grant is provided.
``(D) Secretarial authority to adjust.--The Secretary may
make grants of up to 75 percent of the development costs of
the project for which the grant is provided to an eligible
entity if the Secretary determines that the project serves--
``(i) an area of rural households described in paragraph
(2)(A)(ii); and
``(ii) a rural community described in any of subclauses (I)
through (IV) of paragraph (2)(B)(i).'';
(3) in subsection (d)--
(A) in paragraph (1)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i), by striking ``loan
or'' and inserting ``grant, loan, or'';
(II) in clause (ii), by striking ``a loan application'' and
inserting ``an application''; and
(III) in clause (iii)--
(aa) by striking ``service'' and inserting
``infrastructure'';
(bb) by striking ``loan'' the first place it appears;
(cc) by striking ``3'' and inserting ``5''; and
(dd) by striking ``proceeds from the loan made or
guaranteed under this section are'' and inserting
``assistance under this section is''; and
(ii) by adding at the end the following:
``(C) Relation to universal service high-cost support.--The
Secretary shall coordinate with the Federal Communications
Commission to ensure that any grants, loans, or loan
guarantees made under this section complement and do not
conflict with universal service high-cost support (as defined
in section 54.5 of title 47, Code of Federal Regulations, or
any successor regulation) provided by the Commission.'';
(B) in paragraph (2)--
(i) in subparagraph (A)--
(I) in the matter preceding clause (i)--
(aa) by striking ``the proceeds of a loan made or
guaranteed'' and inserting ``assistance''; and
(bb) by striking ``for the loan or loan guarantee'' and
inserting ``of the eligible entity'';
(II) in clause (i)--
(aa) by striking ``15'' and inserting ``90''; and
(bb) by striking ``level of broadband service'' and
inserting ``level of fixed broadband service, whether
terrestrial or wireless,''; and
(III) in clause (ii), by striking ``3'' and inserting
``2'';
(ii) in subparagraph (C), by striking clause (ii) and
inserting the following:
``(ii) Exceptions.--Clause (i) shall not apply if the
applicant is eligible for funding under another title of this
Act.'';
(C) in paragraph (3), in subparagraph (A), by striking
``loan or'' and inserting ``grant, loan, or'';
(D) in paragraph (4), by striking ``loan or'' and inserting
``grant, loan, or'';
(E) in paragraph (5)(A), in the matter preceding clause
(i), by striking ``loan or'' and inserting ``grant, loan,
or'';
(F) in paragraph (6), by striking ``loan or'' and inserting
``grant, loan, or'';
(G) by redesignating paragraph (7) as subparagraph (B) and
indenting appropriately;
(H) by inserting after paragraph (6) the following:
``(7) Application process.--
``(A) In general.--The Secretary shall provide to an
applicant of a grant, loan, or loan guarantee under this
section feedback and decisions on funding in a timely
manner.'';
(I) in paragraph (7)(B) (as so redesignated), by striking
``may seek a determination of area eligibility prior to
preparing a loan application under this section.'' and
inserting the following: ``may, before preparing an
application under this section--
``(i) seek a determination of area eligibility; and
``(ii) submit to the Secretary a proposal for a project, on
which the Secretary shall provide feedback regarding how the
proposal could be changed to improve the likelihood that the
Secretary would approve the application.'';
(J) in paragraph (10)(A), by striking ``15'' and inserting
``30''; and
(K) by adding at the end the following:
``(11) Technical assistance and training.--
``(A) In general.--The Secretary may provide eligible
entities described in paragraph (1) that are applying for a
grant, loan, or loan guarantee for a project described in
subsection (c)(2)(A)(i) technical assistance and training--
``(i) to prepare reports and surveys necessary to request
grants, loans, and loan guarantees under this section for
broadband deployment;
``(ii) to improve management, including financial
management, relating to the proposed broadband deployment;
``(iii) to prepare applications for grants, loans, and loan
guarantees under this section; or
``(iv) to assist with other areas of need identified by the
Secretary.
``(B) Funding.--Not less than 3 percent and not more than 5
percent of amounts appropriated to carry out this section for
a fiscal year shall be used for technical assistance and
training under this paragraph.'';
(4) in subsection (e)(1)--
(A) in subparagraph (A), by striking ``4-Mbps'' and
inserting ``25-Mbps''; and
(B) in subparagraph (B), by striking ``1-Mbps'' and
inserting ``3-Mbps'';
(5) in subsection (f), by striking ``make a loan or loan
guarantee'' and inserting ``provide assistance'';
(6) in subsection (j)--
(A) in the matter preceding paragraph (1), by striking
``loan and loan guarantee'';
(B) in paragraph (1), by inserting ``grants and'' after
``number of'';
(C) in paragraph (2)--
(i) in subparagraph (A), by striking ``loan''; and
(ii) in subparagraph (B), by striking ``loans and'' and
inserting ``grants, loans, and''; and
(D) in paragraph (3), by striking ``loan'';
(7) by redesignating subsections (k) and (l) as subsections
(m) and (n), respectively;
(8) by inserting after subsection (j) the following:
``(k) Broadband Buildout Data.--As a condition of receiving
a grant, loan, or loan guarantee under this section, a
recipient of assistance shall provide to the Secretary
complete, reliable, and precise geolocation information that
indicates the location of new broadband service that is being
provided or upgraded within the service territory supported
by the grant, loan, or loan guarantee not later than 30 days
after the earlier of--
``(1) the date of completion of any project milestone
established by the Secretary; or
``(2) the date of completion of the project.
``(l) Environmental Reviews.--The Secretary may obligate,
but not disperse, funds under this Act before the completion
of otherwise required environmental, historical, or other
types of reviews if the Secretary determines that a
subsequent site-specific review shall be adequate and easily
accomplished for the location of towers, poles, or other
broadband facilities in the service area of the borrower
without compromising the project or the required reviews.'';
(9) in subsection (m) (as so redesignated)--
(A) in paragraph (1)--
(i) by striking ``$25,000,000'' and inserting
``$150,000,000''; and
(ii) by striking ``2008 through 2018'' and inserting ``2019
through 2023''; and
(B) in paragraph (2)(A)--
(i) in clause (i), by striking ``and'' at the end;
(ii) in clause (ii), by striking the period at the end and
inserting ``; and''; and
(iii) by adding at the end the following:
``(iii) set aside at least 1 percent to be used for--
``(I) conducting oversight under this section; and
``(II) implementing accountability measures and related
activities authorized under this section.''; and
(10) in subsection (n) (as so redesignated)--
(A) by striking ``loan or'' and inserting ``grant, loan,
or''; and
(B) by striking ``2018'' and inserting ``2023''.
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