,,ii #aaeth ,,congress #b;d ,session ,s4 #ccfj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #ba1 #bjah ,mr4 ,wyden introduced the following bill2 which was read twice and referred to the ,committee on ,agriculture1 ,nutrition1 and ,forestry ,a ,,bill ,to amend the ,rural ,electrification ,act of #aicf to improve access to broadband telecommunications services in rural areas1 including by encouraging the provision of broadband loans and grants to increase broadband service in emerging harbor projects1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,broadband ,internet for ,small ,ports ,act4 #b4 ,access to broadband telecommunications services in rural areas ,section #fja of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb7 is amended-- 7#a7 in subsection 7a71 by striking loans and and inserting grants1 loans1 and2 7#b7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking ,loans and and inserting ,grants1 loans1 and2 7,b7 in paragraph 7#a71 by inserting make grants and after ,secretary shall2 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,priority 7,a7 ,in general ,in making grants1 loans1 or loan guarantees under paragraph 7#a71 the ,secretary shall-- 7i7 give the highest priority to applications for projects to provide broadband service to unserved rural communities that do not have any residential broadband service2 7ii7 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 application2 7iii7 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 agriculture2 7iv7 provide equal consideration to all eligible entities1 including those that have not previously received grants1 loans1 or loan guarantees under paragraph 7#a72 and 7v7 with respect to #b or more applications that are given the same priority under clause 7i71 give priority to an application that requests less grant funding than loan funding4 7,b7 ,other ,after giving priority to the applications described in clauses 7i7 and 7ii7 of subparagraph 7,a71 the ,secretary shall then give priority to applications-- 7i7 for projects to provide broadband service to rural communities-- 7,i7 with a population of less than #aj1jjj permanent residents2 7,,ii7 that are experiencing outmigration and have adopted a strategic community investment plan under section #cgi;,h7d7 that includes considerations for improving and expanding broadband service2 7,,iii7 with a high percentage of low income families or persons 7as defined in section #eja7;b7 of the ,housing ,act of #aidi 7#db ,u4,s4,c4 #adga7;b7772 or 7,,iv7 that are isolated from other significant population centers2 and 7ii7 that were developed with the participation of1 and will receive a substantial portion of the funding for the project from1 #a or more stakeholders1 including-- 7,i7 ,state1 local1 and tribal governments2 7,,ii7 nonprofit institutions2 7,,iii7 community anchor institutions1 such as-- 7aa7 public libraries2 7bb7 elementary schools and secondary schools 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja772 7cc7 institutions of higher education2 and 7dd7 health care facilities2 7,,iv7 private entities2 and 7,v7 philanthropic organizations4 7,c7 ,emerging harbor projects priority ,in addition to the priority given under subparagraph 7,b71 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 7as defined in section #baj7;f7 of the ,water ,resources ,development ,act of #aihf 7#cc ,u4,s4,c4 #bbch7;f7771 without regard to whether the application is from an emerging harbor project4 7,d7 ,identification of unserved communities 7i7 ,in general ,in the case of an application given the highest priority under subparagraph 7,a77i71 the ,secretary shall confirm that each unserved rural community identified in the application is eligible for funding by-- 7,i7 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 application2 7,,ii7 reviewing any other source that is relevant to service data validation1 as determined by the ,secretary2 and 7,,iii7 performing site-specific testing to verify the unavailability of any residential broadband service in the unserved rural community4 7ii7 ,adjustments ,not less often than once every #b years1 the ,secretary shall review1 and may adjust through notice published in the ,federal ,register1 the unserved communities identified under clause 7i74 2 and 7,d7 by adding at the end the following3 7#c7 ,grant amounts 7,a7 ,definition of development costs ,in this paragraph1 the term development costs means costs of-- 7i7 construction1 including labor and materials2 7ii7 project applications2 and 7iii7 other development activities1 as determined by the ,secretary4 7,b7 ,eligibility ,to be eligible for a grant under this section1 the project that is the subject of the grant shall be carried out in a rural area4 7,c7 ,maximum ,except as provided in subparagraph 7,d71 the amount of any grant made under this section shall not exceed #ej percent of the development costs of the project for which the grant is provided4 7,d7 ,secretarial authority to adjust ,the ,secretary may make grants of up to #ge 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-- 7i7 an area of rural households described in paragraph 7#b77;,a77ii72 and 7ii7 a rural community described in any of subclauses 7,i7 through 7,,iv7 of paragraph 7#b77;,b77i74 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking loan or and inserting grant1 loan1 or2 7,,ii7 in clause 7ii71 by striking a loan application and inserting an application2 and 7,,iii7 in clause 7iii7-- 7aa7 by striking service and inserting infrastructure2 7bb7 by striking loan the first place it appears2 7cc7 by striking #c and inserting #e2 and 7dd7 by striking proceeds from the loan made or guaranteed under this section are and inserting assistance under this section is2 and 7ii7 by adding at the end the following3 7,c7 ,relation to universal service high-cost support ,the ,secretary shall coordinate with the ,federal ,communications ,commission to ensure that any grants1 loans1 or loan guarantees made under this section complement and do not conflict with universal service high-cost support 7as defined in section #ed4e of title #dg1 ,code of ,federal ,regulations1 or any successor regulation7 provided by the ,commission4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i7-- 7aa7 by striking the proceeds of a loan made or guaranteed and inserting assistance2 and 7bb7 by striking for the loan or loan guarantee and inserting of the eligible entity2 7,,ii7 in clause 7i7-- 7aa7 by striking #ae and inserting #ij2 and 7bb7 by striking level of broadband service and inserting level of fixed broadband service1 whether terrestrial or wireless12 and 7,,iii7 in clause 7ii71 by striking #c and inserting #b2 7ii7 in subparagraph 7,c71 by striking clause 7ii7 and inserting the following3 7ii7 ,exceptions ,clause 7i7 shall not apply if the applicant is eligible for funding under another title of this ,act4 2 7,c7 in paragraph 7#c71 in subparagraph 7,a71 by striking loan or and inserting grant1 loan1 or2 7,d7 in paragraph 7#d71 by striking loan or and inserting grant1 loan1 or2 7,e7 in paragraph 7#e77;,a71 in the matter preceding clause 7i71 by striking loan or and inserting grant1 loan1 or2 7,f7 in paragraph 7#f71 by striking loan or and inserting grant1 loan1 or2 7,g7 by redesignating paragraph 7#g7 as subparagraph 7,b7 and indenting appropriately2 7,h7 by inserting after paragraph 7#f7 the following3 7#g7 ,application process 7,a7 ,in general ,the ,secretary shall provide to an applicant of a grant1 loan1 or loan guarantee under this section feedback and decisions on funding in a timely manner4 2 7,i7 in paragraph 7#g77;,b7 7as so redesignated71 by striking may seek a determination of area eligibility prior to preparing a loan application under this section4 and inserting the following3 8may1 before preparing an application under this section-- 7i7 seek a determination of area eligibility2 and 7ii7 submit to the ,secretary a proposal for a project1 on which the ,secretary shall provide feedback regarding how the proposal could be changed to improve the likelihood that the ,secretary would approve the application4 2 7,j7 in paragraph 7#aj77;,a71 by striking #ae and inserting #cj2 and 7,k7 by adding at the end the following3 7#aa7 ,technical assistance and training 7,a7 ,in general ,the ,secretary may provide eligible entities described in paragraph 7#a7 that are applying for a grant1 loan1 or loan guarantee for a project described in subsection 7c77#b77;,a77i7 technical assistance and training-- 7i7 to prepare reports and surveys necessary to request grants1 loans1 and loan guarantees under this section for broadband deployment2 7ii7 to improve management1 including financial management1 relating to the proposed broadband deployment2 7iii7 to prepare applications for grants1 loans1 and loan guarantees under this section2 or 7iv7 to assist with other areas of need identified by the ,secretary4 7,b7 ,funding ,not less than #c percent and not more than #e percent of amounts appropriated to carry out this section for a fiscal year shall be used for technical assistance and training under this paragraph4 2 7#d7 in subsection 7e77#a7-- 7,a7 in subparagraph 7,a71 by striking #d-,mbps and inserting #be-,mbps2 and 7,b7 in subparagraph 7,b71 by striking #a-,mbps and inserting #c-,mbps2 7#e7 in subsection 7f71 by striking make a loan or loan guarantee and inserting provide assistance2 7#f7 in subsection 7j7-- 7,a7 in the matter preceding paragraph 7#a71 by striking loan and loan guarantee2 7,b7 in paragraph 7#a71 by inserting grants and after number of2 7,c7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking loan2 and 7ii7 in subparagraph 7,b71 by striking loans and and inserting grants1 loans1 and2 and 7,d7 in paragraph 7#c71 by striking loan2 7#g7 by redesignating subsections 7k7 and 7l7 as subsections 7m7 and 7n71 respectively2 7#h7 by inserting after subsection 7j7 the following3 7k7 ,broadband buildout data ,as a condition of receiving a grant1 loan1 or loan guarantee under this section1 a recipient of assistance shall provide to the ,secretary complete1 reliable1 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 grant1 loan1 or loan guarantee not later than #cj days after the earlier of-- 7#a7 the date of completion of any project milestone established by the ,secretary2 or 7#b7 the date of completion of the project4 7l7 ,environmental reviews ,the ,secretary may obligate1 but not disperse1 funds under this ,act before the completion of otherwise required environmental1 historical1 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 towers1 poles1 or other broadband facilities in the service area of the borrower without compromising the project or the required reviews4 2 7#i7 in subsection 7m7 7as so redesignated7-- 7,a7 in paragraph 7#a7-- 7i7 by striking #be1jjj1jjj and inserting #aej1jjj1jjj2 and 7ii7 by striking #bjjh through #bjah and inserting #bjai through #bjbc2 and 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7i71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 set aside at least #a percent to be used for-- 7,i7 conducting oversight under this section2 and 7,,ii7 implementing accountability measures and related activities authorized under this section4 2 and 7#aj7 in subsection 7n7 7as so redesignated7-- 7,a7 by striking loan or and inserting grant1 loan1 or2 and 7,b7 by striking #bjah and inserting #bjbc4