I 
115TH CONGRESS 
1ST SESSION 
H. R. 800 
To establish the Office of Rural Broadband Initiatives within the Department 
of Agriculture, to preserve open Internet requirements, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 1, 2017 
Mr. HUFFMAN (for himself, Mr. POCAN, and Mr. NOLAN) introduced the fol-
lowing bill; which was referred to the Committee on Agriculture, and in 
addition to the Committees on Natural Resources, and Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
A BILL 
To establish the Office of Rural Broadband Initiatives within 
the Department of Agriculture, to preserve open Internet 
requirements, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘New Deal Rural Broadband Act of 2017’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
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Sec. 2. Office of Rural Broadband Initiatives. 
Sec. 3. Breaking Ground on Rural Broadband Program. 
Sec. 4. Tribal broadband assistance program. 
Sec. 5. Telecommunications loan and loan guarantee program. 
Sec. 6. Modifications to existing rural broadband programs. 
Sec. 7. Inventory of Federal and State assets. 
Sec. 8. Retention of rental fees associated with communications use authoriza-
tions on Federal lands. 
SEC. 2. OFFICE OF RURAL BROADBAND INITIATIVES. 
(a) ESTABLISHMENT.—Title VI of the Rural Elec-
trification Act of 1936 (7 U.S.C. 950bb et seq.) is amend-
ed— 
(1) by redesignating sections 601 through 603 
as sections 603 through 605, respectively; and 
(2) by inserting before section 603 (as so redes-
ignated) the following new sections: 
‘‘SEC. 601. DEFINITIONS. 
‘‘In this title: 
‘‘(1) OFFICE.—The term ‘Office’ means the Of-
fice of Rural Broadband Initiatives established 
under section 602(a)(1). 
‘‘(2) PANEL.—The term ‘Panel’ means the 
Rural Broadband Advisory Panel established pursu-
ant to section 602(d). 
‘‘(3) UNDER
SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary for Rural 
Broadband Initiatives appointed under section 
602(a)(2). 
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‘‘SEC. 602. OFFICE OF RURAL BROADBAND INITIATIVES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—There is established in the 
Department of Agriculture the Office of Rural 
Broadband Initiatives. 
‘‘(2) UNDER SECRETARY.—The head of the Of-
fice shall be the Under Secretary for Rural 
Broadband Initiatives, who shall— 
‘‘(A) be appointed by the President, by and 
with the advice and consent of the Senate; and 
‘‘(B) report directly to the Secretary. 
‘‘(b) RESPONSIBILITIES.— 
‘‘(1) IN GENERAL.—The Under Secretary shall 
administer 
all 
rural 
and 
underserved 
areas 
broadband-related grant, loan, and loan guarantee 
programs administered by the Administrator of the 
Rural Utilities Service as of the date of the enact-
ment of this section, including— 
‘‘(A) the rural broadband access loan, loan 
guarantee, and grant program under section 
603; 
‘‘(B) 
the 
breaking 
ground 
on 
rural 
broadband program under section 606; 
‘‘(C) the tribal broadband assistance pro-
gram under section 607; 
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‘‘(D) the Community Connect Grant Pro-
gram described in subpart A of part 1739 of 
title 7, Code of Federal Regulations (or suc-
cessor regulations); and 
‘‘(E) loans under title II. 
‘‘(2) REQUIREMENTS.—The Under Secretary 
shall— 
‘‘(A) conduct extensive, nationwide out-
reach to rural and underserved areas; 
‘‘(B) develop a comprehensive strategy for 
broadband in rural and underserved areas; 
‘‘(C) coordinate Federal resources for 
State, regional, and local governments to pro-
vide broadband assistance to citizens living and 
working in rural and underserved areas; 
‘‘(D) assess all relevant technologies (in-
cluding WiFi, WIMAX, DSL, cable, satellite, 
fiber, and broadband over power lines), to de-
termine if such technologies are able to support 
in whole or in part rural broadband require-
ments; 
‘‘(E) establish and maintain the Web-based 
clearinghouse described in subsection (e); 
‘‘(F) coordinate Federal rural broadband 
programs; and 
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‘‘(G) provide technical assistance to State, 
regional, and local governments to develop de-
ployment strategies for broadband in rural and 
underserved areas. 
‘‘(c) COMPREHENSIVE RURAL BROADBAND STRAT-
EGY.— 
‘‘(1) REPORT REQUIRED.—Not later than 180 
days after the date of the appointment of the first 
Under Secretary under subsection (a), and annually 
thereafter, the Under Secretary shall submit to the 
President and to the Committees on Agriculture and 
Energy and Commerce of the House of Representa-
tives and the Committees on Agriculture, Nutrition, 
and Forestry and Commerce, Science, and Transpor-
tation of the Senate, a report describing a com-
prehensive strategy for broadband in rural and un-
derserved areas that includes— 
‘‘(A) recommendations— 
‘‘(i) to promote interagency coordina-
tion between Federal agencies with respect 
to policies, procedures, targeted resources, 
and existing rural and underserved areas 
broadband programs; 
‘‘(ii) to improve and streamline the 
Federal policies, programs, and services re-
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lating to rural and underserved areas 
broadband technologies; 
‘‘(iii) to specify how Federal agency 
programs and resources can meet rural 
and underserved area broadband require-
ments; and 
‘‘(iv) to promote successful model de-
ployments and appropriate technology use 
in rural and underserved areas so that 
State, regional, and local governments can 
benefit from the cataloging of successes of 
other State, regional, and local govern-
ments; 
‘‘(B) a needs assessment for the implemen-
tation 
of 
rural 
and 
underserved 
areas 
broadband; and 
‘‘(C) a strategic plan for comprehensive 
rural and underserved areas broadband and a 
description of the amount of time needed to 
achieve such strategic plan. 
‘‘(2) ANNUAL
REPORT
UPDATE.—The Under 
Secretary shall update the report required under 
paragraph (1) on an annual basis. 
‘‘(d) RURAL BROADBAND ADVISORY PANEL.— 
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‘‘(1) IN
GENERAL.—Not later than 60 days 
after the date of appointment of the first Under Sec-
retary under subsection (a), the Under Secretary 
shall submit to the Committees on Agriculture and 
Energy and Commerce of the House of Representa-
tives and the Committees on Agriculture, Nutrition, 
and Forestry and Commerce, Science, and Transpor-
tation of the Senate, a plan to establish a Rural 
Broadband Advisory Panel. 
‘‘(2) 
CHAIRPERSON.—The 
Panel 
shall 
be 
chaired by the Under Secretary or a designee there-
of. 
‘‘(3) MEMBERSHIP.—The Panel shall be com-
posed of representatives of— 
‘‘(A) State governments; 
‘‘(B) local governments; 
‘‘(C) tribal governments; 
‘‘(D) communications equipment vendors 
(including broadband data service providers); 
‘‘(E) public utility services; 
‘‘(F) local exchange carriers; 
‘‘(G) wireless carriers; 
‘‘(H) satellite communications services; 
and 
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‘‘(I) other entities, as determined by the 
Under Secretary. 
‘‘(4) MEETINGS.—The Panel shall meet not less 
than 4 times each year. 
‘‘(5) DUTIES.—The Panel shall— 
‘‘(A) assist the Under Secretary in the an-
nual report update under subsection (c)(2); 
‘‘(B) evaluate the effectiveness of all Fed-
eral broadband assistance programs and policies 
with respect to providing broadband access in 
rural and underserved areas; 
‘‘(C) evaluate best practices employed at 
the State and local government level to foster 
broadband access in rural and underserved 
areas. 
‘‘(e) WEB-BASED
CLEARINGHOUSE.—The Under 
Secretary shall establish and maintain a comprehensive 
and interactive rural broadband Web-based clearinghouse 
of resources for rural and underserved areas broadband, 
including— 
‘‘(1) successful public-private partnerships; 
‘‘(2) funding sources; 
‘‘(3) technology tutorials; 
‘‘(4) descriptions of best practices; 
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‘‘(5) assessments of various technology solu-
tions; 
‘‘(6) case studies and feasibility studies; 
‘‘(7) 
descriptions 
of 
the 
applications 
of 
broadband in rural and underserved areas, including 
telework, telemedicine, distance learning, training, 
homeland security, senior citizen connectivity and 
program development, and business and economic 
development; 
‘‘(8) analyses of broadband policies in rural and 
underserved areas; and 
‘‘(9) supports for networks among rural and 
underserved communities and economic development 
agencies.’’. 
(b) CONFORMING AMENDMENTS.—Section 603 of the 
Rural Electrification Act of 1936, as redesignated by sub-
section (a)(1), is amended by striking ‘‘Administrator’’ 
and inserting ‘‘Under Secretary’’. 
(c) IN GENERAL.—Not later than 60 days after the 
date of the appointment of the first Under Secretary 
under section 602(a) of title VI of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 950bb et seq.), as amended 
by this Act, the Secretary of Agriculture shall issue regula-
tions with respect to the qualification criteria for the loan 
and loan guarantee programs under such title that— 
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(1) emphasize streamlining the application 
process and processing time; 
(2) ensure that the financial requirements for 
applicants do not unduly disqualify applicants that 
have demonstrated a viable business plan; and 
(3) do not diminish the mission of the program 
to deliver broadband service to rural and under-
served areas. 
(d) IMPLEMENTATION REPORT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Secretary of 
Agriculture shall submit to Congress a report de-
scribing the resources and staff necessary to carry 
out this section and the amendments made by this 
section. 
(2) COMPTROLLER GENERAL REVIEW.— 
(A) IN GENERAL.—The Comptroller Gen-
eral of the United States shall review the report 
submitted under paragraph (1) for validity. 
(B) REPORT.—Not later than 30 days 
after the date on which the report is submitted 
under paragraph (1), the Comptroller General 
of the United States shall submit to Congress 
a report containing the findings of the review 
under subparagraph (A). 
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SEC. 3. BREAKING GROUND ON RURAL BROADBAND PRO-
GRAM. 
Title VI of the Rural Electrification Act of 1936 (7 
U.S.C. 950bb et seq.), as amended by section 2, is further 
amended by adding at the end the following new section: 
‘‘SEC. 606. BREAKING GROUND ON RURAL BROADBAND 
PROGRAM. 
‘‘(a) GRANTS, LOANS, AND LOAN GUARANTEES.— 
‘‘(1) IN GENERAL.—The Under Secretary, in 
consultation with the Federal Communications Com-
mission and other relevant Federal agencies, shall 
establish the breaking ground on rural broadband 
program to make grants, loans, or loan guarantees 
to eligible entities for broadband programs to, with 
respect to rural and underserved areas— 
‘‘(A) acquire equipment, instrumentation, 
networking capability, hardware and software, 
digital network technology, and infrastructure 
for broadband services; 
‘‘(B) construct and deploy broadband serv-
ice related infrastructure; 
‘‘(C) ensure access to broadband service by 
community anchor institutions; 
‘‘(D) facilitate access to broadband service 
to low-income, unemployed, aged, and otherwise 
vulnerable populations; 
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‘‘(B) will serve a rural area (as such term 
is defined in section 203(b)); and 
‘‘(2) an eligible entity that is a socially and eco-
nomically disadvantaged small business concern as 
defined under section 8(a) of the Small Business Act 
(15 U.S.C. 637(a)). 
‘‘(e) NON-FEDERAL FUNDS REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the recipient of a grant under this section 
shall provide funds, in-kind contributions, or a com-
bination of both, from sources other than funds pro-
vided through such grant in an amount that is at 
least equal to 20 percent of the amount of such 
grant. 
‘‘(2) EXCEPTION.—The Under Secretary may 
provide a waiver to the requirements of paragraph 
(1) to an eligible entity that— 
‘‘(A) submits an application for such waiv-
er, at such time, in such manner, and con-
taining such information as the Under Sec-
retary may require; and 
‘‘(B) demonstrates financial need. 
‘‘(f) DEOBLIGATE FUNDS.—In addition to other au-
thority under applicable law, the Under Secretary may 
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deobligate awards under this section if an eligible entity 
demonstrates— 
‘‘(1) an insufficient level of performance; or 
‘‘(2) wasteful or fraudulent spending (as de-
fined by the Under Secretary). 
‘‘(g) REPORTS
BY AWARD RECIPIENTS.—At such 
time as may be determined by the Under Secretary, an 
eligible entity that receives a grant, loan, or loan guar-
antee under this section shall submit to the Under Sec-
retary a report that includes a description of the use of 
funds made available pursuant to this section. 
‘‘(h) REPORTS TO CONGRESS.—Not later than 180 
days after the date on which funds are first made available 
to carry out this section under subsection (k), and once 
each 180 days thereafter until the expiration of the pro-
gram under subsection (b), the Under Secretary shall sub-
mit to the Committees on Appropriations of the House 
of Representatives and the Senate, the Committees on Ag-
riculture and Energy and Commerce of the House of Rep-
resentatives, and the Committees on Agriculture, Nutri-
tion, and Forestry and Commerce, Science, and Transpor-
tation of the Senate, a report that includes— 
‘‘(1) the number of grants, loans, and loan 
guarantees applied for and provided under this sec-
tion; 
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‘‘(2) the communities proposed to be served in 
each grant, loan, or loan guarantee application sub-
mitted in 180 days before the date such report is 
submitted; 
‘‘(3) the period of time required to approve 
each grant, loan, or loan guarantee application 
under this section; 
‘‘(4) any outreach activities carried out by the 
Under Secretary to encourage entities in rural and 
underserved areas to submit applications under this 
section; and 
‘‘(5) each broadband service, including the type 
and speed of broadband service, for which assistance 
was sought, and each broadband service for which 
assistance was provided, under this section. 
‘‘(i) DATABASE.—Not later than 180 days after the 
date on which funds are first made available to carry out 
this section under subsection (k), the Under Secretary 
shall establish and maintain a fully searchable database, 
accessible on the Internet at no cost to the public, that 
includes— 
‘‘(1) a list of— 
‘‘(A) each entity that has applied for an 
award under this section; and 
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‘‘(B) each eligible entity that has received 
an award under this section; 
‘‘(2) a description of each application under this 
section, and the status of each application; 
‘‘(3) the purpose for which each eligible entity 
is receiving funds under this section; and 
‘‘(4) each report submitted under subsection 
(h). 
‘‘(j) ELIGIBLE ENTITY DEFINED.—In this section, 
the term ‘eligible entity’ means— 
‘‘(1) a State or political subdivision thereof, the 
District of Columbia, a territory or possession of the 
United States, an Indian tribe (as defined in section 
4 of the Indian Self-Determination and Education 
Assistance Act (25 U.S.C. 5304)) or native Hawai-
ian organization; 
‘‘(2) a nonprofit organization; or 
‘‘(3) any other entity the Under Secretary de-
termines to be in the public interest. 
‘‘(k) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary of Agri-
culture to carry out this section $20,000,000,000 to re-
main available until September 30, 2022.’’. 
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SEC. 4. TRIBAL BROADBAND ASSISTANCE PROGRAM. 
Title VI of the Rural Electrification Act of 1936 (7 
U.S.C. 950bb et seq.), is amended by inserting after sec-
tion 606, as added by section 3, the following new section: 
‘‘SEC. 607. TRIBAL BROADBAND ASSISTANCE PROGRAM. 
‘‘(a) IN GENERAL.—The Under Secretary shall make 
grants, loans, or loan guarantees to entities to— 
‘‘(1) plan, construct, acquire, or improve facili-
ties or equipment for the purpose of providing 
broadband service on tribal lands; 
‘‘(2) provide broadband service on tribal lands; 
‘‘(3) develop among tribal members technical 
expertise related to broadband service; and 
‘‘(4) improve the adoption of broadband service 
by individuals on tribal lands. 
‘‘(b) APPLICATION.—An entity desiring financial as-
sistance under this section shall submit an application to 
the Under Secretary at such time, in such manner, and 
containing such information as the Under Secretary may 
require, including— 
‘‘(1) a description of the ability of the entity to 
furnish the minimum acceptable level of broadband 
service for tribal lands; and 
‘‘(2) an assurance that the entity will submit a 
report, at such time, in such manner, and containing 
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such information as the Under Secretary may speci-
fy, that describes— 
‘‘(A) the use by the entity of funds under 
this section; and 
‘‘(B) the provision by the entity of 
broadband service on tribal lands using such as-
sistance, including— 
‘‘(i) the number and location of resi-
dences and businesses that receive im-
proved broadband service as a result of 
such assistance; and 
‘‘(ii) the average price and speed of 
broadband service for such residences and 
businesses before and after the use by the 
entity of such assistance. 
‘‘(c) PRIORITY.—In providing financial assistance 
under this section, the Secretary shall give priority to ap-
plications from entities proposing to— 
‘‘(1) provide broadband service in underserved 
tribal areas; 
‘‘(2) provide broadband service to the greatest 
number of households in underserved tribal areas; 
and 
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‘‘(3) improve the ability of tribal governments 
or their designees to provide telecommunications 
service on tribal lands. 
‘‘(d) LIMITATION.—The Under Secretary may not 
provide financial assistance under this section for a fiscal 
year to an entity that provides telecommunications service 
to 20 percent or more of the households in the United 
States if the cost to the Federal Government of such fi-
nancial assistance exceeds 15 percent of the assistance 
made available under this section for the fiscal year. 
‘‘(e) REPORT.—Not later than 3 years after the date 
on which funds are first made available to carry out this 
section under subsection (f), the Under Secretary shall 
submit to Congress and to the Rural Broadband Advisory 
Panel a report that describes the extent of participation 
under this section for the preceding fiscal year, including 
a description of— 
‘‘(1) the communities served by activities sup-
ported by funds under this section; 
‘‘(2) the number of grants, loans, and loan 
guarantees applied for and provided under this sec-
tion; 
‘‘(3) the period of time required to approve 
each application under this section; and 
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‘‘(4) the overall progress towards fulfilling the 
goal of providing broadband service on tribal lands, 
including a description of— 
‘‘(A) the number and location of residences 
and businesses that receive improved broadband 
service as a result of financial assistance under 
this section; 
‘‘(B) the average price and speed of 
broadband service for such residences and busi-
nesses; 
‘‘(C) any network improvements supported 
under this section; and 
‘‘(D) activities supported under this sec-
tion that improve broadband service on tribal 
lands for educational institutions, health care 
providers, and public safety service providers. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Secretary of Agri-
culture to carry out this section $25,000,000 for each of 
fiscal years 2017 through 2022, to remain available until 
expended.’’. 
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SEC. 5. TELECOMMUNICATIONS LOAN AND LOAN GUAR-
ANTEE PROGRAM. 
(a) IN GENERAL.—Title II of the Rural Electrifica-
tion Act of 1936 (7 U.S.C. 922 et seq.) is amended by 
adding at the end the following new section: 
‘‘SEC. 208. REGIONAL TELECOMMUNICATIONS DEVELOP-
MENT. 
‘‘(a) IN GENERAL.—In addition to any preference 
given under section 201 with respect to a telephone loan 
made under this Act, the Secretary may give preference 
to an application for such a loan for a project that, as 
determined by the Secretary, supports the development of 
telecommunications services on a multijurisdictional basis. 
‘‘(b) EVALUATION OF APPLICATIONS.—In evaluating 
an application described in subsection (a), the Secretary 
shall consider whether— 
‘‘(1) the project that is the subject of the appli-
cation was developed through the collaboration and 
participation of multiple stakeholders in the service 
area of the project, including State, local, and tribal 
governments, nonprofit institutions, institutions of 
higher education, and private entities; 
‘‘(2) the applicant has an understanding of the 
applicable regional resources that could support the 
project, including natural resources, human re-
sources, infrastructure, and financial resources; and 
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‘‘(3) the project has clear objectives and in-
cludes a means to establish measurable performance 
measures and to track progress toward meeting such 
objectives.’’. 
(b) EXEMPTION FROM STATE AGENCY REQUIRE-
MENT.—Section 201 of the Rural Electrification Act of 
1936 (7 U.S.C. 922) is amended in the last sentence by 
inserting ‘‘or the application involved is an application de-
scribed in section 208’’ before the period at the end. 
(c) DEFINITION OF RURAL AREA.—Section 203(b) of 
the Rural Electrification Act of 1936 (7 U.S.C. 924(b)) 
is amended by striking ‘‘5,000’’ and inserting ‘‘20,000’’. 
SEC. 6. MODIFICATIONS TO EXISTING RURAL BROADBAND 
PROGRAMS. 
(a) AWARD OF GRANTS.—Section 603 of the Rural 
Electrification Act of 1936 (7 U.S.C. 950bb), as redesig-
nated by section 2, is further amended— 
(1) in subsection (a), by striking ‘‘loans and 
loan guarantees’’ and inserting ‘‘loans, loan guaran-
tees, and grants’’; 
(2) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘AND
LOAN
GUARANTEES’’ and inserting 
‘‘LOAN GUARANTEES, AND GRANTS’’; 
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(B) in paragraph (1), by inserting ‘‘, and 
may make grants,’’ after ‘‘loans’’; and 
(C) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘loans or loan guar-
antees’’ and inserting ‘‘loans, loan guaran-
tees, or grants’’; 
(ii) in subparagraph (A)— 
(I) by striking ‘‘loan and loan 
guarantee’’ and inserting ‘‘loan, loan 
guarantee, and grant’’; and 
(II) by striking ‘‘loans and loan 
guarantees’’ and inserting ‘‘loans, 
loan guarantees, and grants’’; and 
(iii) in subparagraph (C), by striking 
‘‘loans or loan guarantees’’ and inserting 
‘‘loans, loan guarantees, or grants’’; 
(3) in subsection (d)— 
(A) in paragraph (1)(A)— 
(i) in the matter preceding clause (i), 
by striking ‘‘loan or loan guarantee’’ and 
inserting ‘‘loan, loan guarantee, or grant’’; 
(ii) in clause (ii), by striking ‘‘loan’’ 
and inserting ‘‘loan or grant’’; and 
(iii) in clause (iii)— 
VerDate Sep 11 2014 
03:18 Feb 08, 2017
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