H.R. 4374 — what changed

changed Section 603(e) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–2(e)) 950bb-2(e)) is amended to read as follows:

“(e) Authorization of appropriations

changed “(1) In general—There is authorized to be appropriated to the Secretary $300,000,000 for each of fiscal years 2022 through 2030, 2029, to remain available until expended, to carry out projects in accordance with this section—States and territories selected by the Secretary to be diverse on the basis of geography, topography, and demographics.

removed “(A) in the case of fiscal year 2022, in 15 States, including Maine, Pennsylvania, Virginia, California, Georgia, Texas, Florida, Minnesota, South Carolina, Wyoming, Iowa, and West Virginia; and

removed “(B) in the case of each of fiscal years 2023 through 2030, in States selected by the Secretary to be diverse on the basis of geography, topography, and demographics.

“(2) 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.”

“(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.”

“(A) 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—

“(i) a 10–Mbps downstream transmission capacity; and

“(ii) a 1–Mbps upstream transmission capacity.

“(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 for projects to provide broadband service to rural communities—

changed “(i) with a population of less than 10,000 permanent residents; andinhabitants; or

changed “(ii) 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)).1949).

changed “(C) 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.”Ports in rural areas priority

added “(i) Definition of port—In this subparagraph, the term “port” means—

added “(I) any port on the navigable waters of the United States, including territories;

added “(II) any harbor, marine terminal, or other shore side facility used principally for the movement of goods on inland waters; and

added “(III) any port formed in accordance with applicable State or territory law.

added “(ii) 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.

added “(D) 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.”

added “(iii) shall be subject to a grant agreement of not less than ten years.”

“(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.”

added “(j) 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.”

changed Section 604(g) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–3(g)) 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 2030, 2029, to remain available for 2 fiscal years after the fiscal year for which appropriated”.

changed Section 2335A of the Food 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, “$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”.

changed Section 602(g) of the Rural Electrification Act of 1936 (7 U.S.C. 950bb–1(g)) 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 year, years 2022 through 2029, to remain available for 2 fiscal years after the fiscal year for which appropriated”.

added 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:

added “(e) Community broadband mapping program

added “(1) In general—The Secretary may make grants to eligible entities for the purpose of collecting broadband service data to assist the Secretary in—

added “(A) establishing the availability of broadband service or middle mile infrastructure in a rural area;

added “(B) determining the eligibility of a community for assistance under any broadband program administered by the Secretary; or

added “(C) undertaking a service area assessment under this section.

added “(2) Application—To apply for a grant under this section, an entity shall submit an application therefor which identifies—

added “(A) the data collection area;

added “(B) the purpose of the data collection;

added “(C) the types of broadband service data to be collected;

added “(D) the survey and data collection methods to be utilized; and

added “(E) any other information the Secretary determines necessary to promote the integrity of broadband service data collected under this section.

added “(3) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

added “(4) Broadband service data usage—The Secretary shall ensure that any broadband service data collected under this section is—

added “(A) measured or assessed in accordance with such standards as the Secretary may establish;

added “(B) accurate and verifiable in accordance with such standards as the Secretary may establish;

added “(C) included in any broadband maps or data sets maintained by the Secretary; and

added “(D) 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.

added “(5) Definitions—In this subsection:

added “(A) Broadband service—The term “broadband service” has the meaning given the term in section 601.

added “(B) Broadband service data

added “(i) In general—The term “broadband service data” means information related to—

added “(I) the location and type of broadband service;

added “(II) the location and type of broadband infrastructure;

added “(III) the advertised, maximum, and average speed of broadband service;

added “(IV) the average price of the most subscribed tier of broadband service;

added “(V) the speed tiers of broadband service available in the area; or

added “(VI) any additional metric the Secretary deems appropriate.

added “(ii) 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.

added “(C) Eligible entity—The term “eligible entity” means—

added “(i) a unit of local government in a rural area;

added “(ii) a tribal government or unit of tribal government;

added “(iii) an economic development or other community organization;

added “(iv) an eligible entity under title I or II that serves persons in rural areas;

added “(v) an internet service provider that has not more than 100,000 subscribers; or

added “(vi) any other entity eligible under a title VI program that is not an internet service provider.

added “(D) Middle mile infrastructure—The term “middle mile infrastructure” has the meaning given the term in section 602.

added “(E) Rural area—The term “rural area” has the meaning given the term in section 601.

added “(6) 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.”

removed “(l) Authority To make grants to certain entities To collect broadband infrastructure data

removed “(1) In general—Notwithstanding any other provision of this section, the Secretary may make a grant under this section to a unit of local government, a tribal government or a unit of tribal government, an economic development or other community organization, an electric cooperative (as defined in section 3 of the Federal Power Act) that sells electric energy to persons in rural areas, a telephone cooperative, or an internet service provider that has not more than 100,000 subscribers, for the purpose of enabling the collection of data relating to where broadband infrastructure is located, cost of broadband service, cost of such service by tier of service, actual speed available at household, speed advertised, and which homes are provided with non-satellite broadband service, without regard to any household service percentage requirement, and in determining the eligibility of any such entity for such a grant, the term rural area means an area that is not in an urbanized area or urban cluster with a population of 25,000 or more as determined by the Bureau of the Census.

removed “(2) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

removed “(3) Limitation on amount available for grants—The Secretary may use not more than 1 percent of the amounts made available under this section for each fiscal year to carry out this subsection.”

removed “(h) Authority To make grants to certain entities To collect broadband infrastructure data

removed “(1) In general—Notwithstanding any other provision of this section, the Secretary may make a grant under this section to a unit of local government, a tribal government or a unit of tribal government, an economic development or other community organization, an electric cooperative (as defined in section 3 of the Federal Power Act) that sells electric energy to persons in rural areas, a telephone cooperative, or an internet service provider that has not more than 100,000 subscribers, for the purpose of enabling the collection of data relating to where broadband infrastructure is located, cost of broadband service, cost of such service by tier of service, actual speed available at household, speed advertised, and which homes are provided with non-satellite broadband service, without regard to any household service percentage requirement, and in determining the eligibility of any such entity for such a grant, the term rural area means an area that is not in an urbanized area or urban cluster with a population of 25,000 or more as determined by the Bureau of the Census.

removed “(2) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

removed “(3) Limitation on amount available for grants—The Secretary may use not more than 1 percent of the amounts made available under this section for each fiscal year to carry out this subsection.”

removed “(f) Authority To make grants to certain entities To collect broadband infrastructure data

removed “(1) In general—Notwithstanding any other provision of this section, the Secretary may make a grant under this section to a unit of local government, a tribal government or a unit of tribal government, an economic development or other community organization, an electric cooperative (as defined in section 3 of the Federal Power Act) that sells electric energy to persons in rural areas, a telephone cooperative, or an internet service provider that has not more than 100,000 subscribers, for the purpose of enabling the collection of data relating to where broadband infrastructure is located, cost of broadband service, cost of such service by tier of service, actual speed available at household, speed advertised, and which homes are provided with non-satellite broadband service, without regard to any household service percentage requirement, and in determining the eligibility of any such entity for such a grant, the term rural area means an area that is not in an urbanized area or urban cluster with a population of 25,000 or more as determined by the Bureau of the Census.

removed “(2) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

removed “(3) Limitation on amount available for grants—The Secretary may use not more than 1 percent of the amounts made available under this section for each fiscal year to carry out this subsection.”

removed “(h) Authority To make grants to certain entities To collect broadband infrastructure data

removed “(1) In general—Notwithstanding any other provision of this section, the Secretary may make a grant under this section to a unit of local government, a tribal government or a unit of tribal government, an economic development or other community organization, an electric cooperative (as defined in section 3 of the Federal Power Act) that sells electric energy to persons in rural areas, a telephone cooperative, or an internet service provider that has not more than 100,000 subscribers, for the purpose of enabling the collection of data relating to where broadband infrastructure is located, cost of broadband service, cost of such service by tier of service, actual speed available at household, speed advertised, and which homes are provided with non-satellite broadband service, without regard to any household service percentage requirement, and in determining the eligibility of any such entity for such a grant, the term rural area means an area that is not in an urbanized area or urban cluster with a population of 25,000 or more as determined by the Bureau of the Census.

removed “(2) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

removed “(3) Limitation on amount available for grants—The Secretary may use not more than 1 percent of the amounts made available under this section for each fiscal year to carry out this subsection.”

removed “(j) Authority To make grants to certain entities To collect broadband infrastructure data

removed “(1) In general—Notwithstanding any other provision of this section, the Secretary may make a grant under this section to a unit of local government, a tribal government or a unit of tribal government, an economic development or other community organization, an electric cooperative (as defined in section 3 of the Federal Power Act) that sells electric energy to persons in rural areas, a telephone cooperative, or an internet service provider that has not more than 100,000 subscribers, for the purpose of enabling the collection of data relating to where broadband infrastructure is located, cost of broadband service, cost of such service by tier of service, actual speed available at household, speed advertised, and which homes are provided with non-satellite broadband service, without regard to any household service percentage requirement, and in determining the eligibility of any such entity for such a grant, the term rural area means an area that is not in an urbanized area or urban cluster with a population of 25,000 or more as determined by the Bureau of the Census.

removed “(2) Limitation on grant amount—The amount of a grant made under this subsection shall not exceed $50,000.

removed “(3) Limitation on amount available for grants—The Secretary may use not more than 1 percent of the amounts made available under this section for each fiscal year to carry out this subsection.”

changed Section 701(e) 701(f) of the Rural Electrification Act of 1936 (7 U.S.C. 950cc(e)) 950cc(f)), as so redesignated by section 8 of this Act, is amended to read as follows:

changed “(e) “(f) 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—

“(1) for administrative costs to carry out programs under title VI;

“(2) for technical assistance and pre-development planning activities to support the most rural communities;

“(3) to conduct oversight under title VI;

“(4) to implement accountability measures and related activities authorized under title VI; and

“(5) to carry out this section.”