[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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