[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5242 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5242
To amend the Rural Electrification Act of 1936 to reform broadband
permitting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 18, 2023
Ms. Pettersen (for herself and Mr. Ciscomani) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Rural Electrification Act of 1936 to reform broadband
permitting, and for other purposes.
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 ``Connecting Our Neighbors to Networks
and Ensuring Competitive Telecommunications Act of 2023'' or the
``CONNECT Act of 2023''.
SEC. 2. RECONNECT PROGRAM.
Title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb
et seq.) is amended by adding at the end the following:
``SEC. 607. RECONNECT PROGRAM.
``(a) Definition of ReConnect Program.--In this section, the term
`ReConnect Program' means the broadband loan and grant pilot program
authorized under section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 399) (or a
successor provision of law that authorizes that program).
``(b) Technical Assistance and Applications Support.--
``(1) Office of technical assistance.--
``(A) In general.--The Secretary shall establish
under the ReConnect Program an Office of Technical
Assistance (referred to in this paragraph as the
`Office').
``(B) Staff.--The Office shall employ an
appropriate number of staff dedicated to providing
technical assistance with respect to ReConnect Program
applications.
``(C) Duties.--The Office shall assist applicants
for the ReConnect Program that serve not more than
20,000 subscribers with--
``(i) completing paperwork to be submitted
to the Department of Agriculture;
``(ii) identifying Federal, State, or local
agencies that will need to grant a permit or
right-of-way with respect to a proposed
project; and
``(iii) such other matters as the Secretary
determines to be appropriate.
``(D) Evaluation criteria points.--In providing
evaluation criteria points to applications for the
ReConnect Program, the Secretary shall provide an
additional 5 points to an application if the applicant
has consulted with the Office.
``(E) Funding.--Of the amounts appropriated to the
Secretary to carry out the ReConnect Program for each
fiscal year, the Secretary shall make available to the
Office to carry out this paragraph $10,000,000.
``(2) Mini-grant program.--
``(A) In general.--The Secretary shall establish
under the ReConnect Program a program to provide grants
to providers that serve fewer than 20,000 individuals
to obtain assistance in--
``(i) preparing an application for the
ReConnect Program; and
``(ii) developing an initial plan for a
project carried out under the ReConnect
Program.
``(B) Limitation.--The amount of a grant under
subparagraph (A) shall be not more than $20,000.
``(C) Recoupment.--If a provider that receives a
grant under subparagraph (A) subsequently applies for
and receives funding under the ReConnect Program, the
provider shall repay to the Secretary the amount of the
grant received under subparagraph (A).
``(D) Funding.--Of the amounts appropriated to the
Secretary to carry out the ReConnect Program for each
fiscal year, the Secretary shall make available to
carry out this paragraph $10,000,000.
``(c) Application Review and Update.--
``(1) In general.--The Secretary shall--
``(A) review the application requirements for the
ReConnect Program in effect on the date of enactment of
this section; and
``(B) not later than 2 years after that date of
enactment, issue regulations to revise the application
requirements for the ReConnect Program to reduce the
time and expense required to complete an application.
``(2) Consultation.--In carrying out paragraph (1), the
Secretary shall consult with--
``(A) providers serving not more than 20,000
subscribers;
``(B) industry groups, including nonprofit
organizations, local governments, and cooperatives;
``(C) civil society members; and
``(D) technical experts.
``(d) Support for Cooperatives and Nonprofit Organizations.--
``(1) Priority.--In reviewing applications for the
ReConnect Program, the Secretary shall give priority to an
application submitted by a local government, a nonprofit
organization, or a cooperative (including for a project
involving a public-private partnership where the local
government, nonprofit organization, or cooperative is the
applicant).
``(2) Evaluation criteria points.--
``(A) In general.--Subject to subparagraph (B), in
providing evaluation criteria points to applications
for the ReConnect Program, the Secretary shall provide
20 points to an application submitted by a local
government, a nonprofit organization, or a cooperative.
``(B) Requirement.--Before providing 20 points to
an application under subparagraph (A), the Secretary
shall consider the degree to which the applicant can
reasonably be expected to meet construction and
deployment obligations, including project timelines,
building and construction material needs, and labor
needs necessary for the completion of the project.
``(C) Reporting.--The Secretary shall take
appropriate steps to ensure that the administration of
the requirement under subparagraph (B) does not
increase the reporting burden of an applicant.
``(e) Eligibility.--A rural area shall be eligible for funding
under the ReConnect Program if the area--
``(1) has no fixed wireline service provider within the
area covered by an application for a grant under that Program;
or
``(2) has been designated as served due to a pending
broadband development project, if, 3 years after the date on
which the project becomes a pending broadband development
project, the project has yet to begin significant construction
or meet major deployment obligations for the project.''.
SEC. 3. USDA PERMITTING REFORM.
(a) In General.--Notwithstanding paragraph (3)(A) of section
6409(b) of the Middle Class Tax Relief and Job Creation Act of 2012 (47
U.S.C. 1455(b)), not later than 180 days after the date on which the
Secretary of Agriculture receives a duly filed application under that
section for an easement, right-of-way, or lease to install, construct,
modify, or maintain a communications facility installation for the
provision of broadband internet access service (as defined in section
8.1(b) of title 47, Code of Federal Regulations (or any successor
regulation)) using funding provided under a program of the Department
of Agriculture, the Secretary of Agriculture shall--
(1) conduct any environmental or other reviews necessary to
determine whether to grant or deny the application, including
under section 306108 of title 54, United States Code;
(2) grant or deny, on behalf of the Federal Government, the
application; and
(3) notify the applicant of the grant or denial.
(b) Applicability of Laws.--Section 6409(b) of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1455(b)) (other than
paragraph (3)(A) of that section) shall apply to the requirements under
subsection (a).
SEC. 4. BROADBAND REQUIREMENTS COUNCIL.
(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Committee on Agriculture,
Nutrition, and Forestry of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Agriculture of the House of
Representatives.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(3) Council.--The term ``Council'' means the interagency
council established under subsection (b).
(4) Covered broadband service.--The term ``covered
broadband service'' means broadband internet access service
that is provided using infrastructure built with Federal funds.
(b) Establishment of Council.--The Federal Communications
Commission shall establish an interagency council to recommend
uniform--
(1) speed requirements for covered broadband service; and
(2) requirements for applications for Federal broadband
funds.
(c) Membership.--The Council shall be composed of the following
members:
(1) A representative of the Federal Communications
Commission.
(2) A representative of the Department of Commerce.
(3) A representative of the Department of Agriculture.
(4) A representative of the Department of the Interior.
(5) A representative of the Department of the Treasury.
(6) A representative of the National Science Foundation.
(d) Duties.--
(1) Meetings.--Not later than 180 days after the date of
enactment of this Act, and not less frequently than
semiannually thereafter, the Council shall meet to evaluate
speed requirements for covered broadband service.
(2) Reports.--
(A) In general.--Before each meeting, other than
the initial meeting, the Council shall publish and
submit to the appropriate congressional committees a
report that recommends--
(i) speed and latency requirements for
covered broadband service in both rural and
urban areas, taking into account the needs of
served, unserved, and underserved communities;
(ii) requirements for a standardized
application form for Federal broadband funds,
including any required documents, financial
reports, engineering studies, or other
materials; and
(iii) opportunities for combining or better
streamlining existing Federal broadband
programs that have similar or duplicative
missions.
(B) Categories.--For purposes of subparagraph
(A)(i), the Council may establish new categories, such
as--
(i) rural areas that are unserved or
underserved by broadband internet access
service; or
(ii) urban areas that are unserved or
underserved by broadband internet access
service.
(3) Appearances before congress.--Not later than 1 year
after the date of enactment of this Act, and not less
frequently than annually thereafter, 1 or more members of the
Council shall appear before each appropriate congressional
committee for a hearing on the work of the Council.
(4) Requests for information.--Before the first meeting of
each year, the Council shall issue a request for information to
collect feedback from stakeholders in the broadband industry
and civil society about--
(A) existing broadband technology;
(B) recommended speed and latency requirements for
covered broadband service;
(C) recommended requirements for applications for
Federal broadband funds;
(D) the needs of broadband consumers; and
(E) the definitions of relevant terms, such as
``served'', ``unserved'', ``underserved'', ``rural'',
and ``urban''.
SEC. 5. LEASING REFORM TO ALLOW FOR BROADBAND OR OTHER COMMUNICATIONS
SERVICES ON LAND SUBJECT TO CERTAIN FEDERAL EASEMENTS OR
RIGHTS-OF-WAY.
(a) Definitions.--In this section:
(1) Critical defense facility.--The term ``critical defense
facility'' means a facility designated as a critical defense
facility by the Secretary of Energy under section 215A(c) of
the Federal Power Act (16 U.S.C. 824o-1(c)).
(2) Defense critical electric infrastructure.--The term
``defense critical electric infrastructure'' has the meaning
given the term in section 215A(a) of the Federal Power Act (16
U.S.C. 824o-1(a)).
(3) Defense site.--The term ``defense site'' has the
meaning given the term in section 2710(e) of title 10, United
States Code.
(4) Electric utility.--The term ``electric utility'' has
the meaning given the term in section 3 of the Federal Power
Act (16 U.S.C. 796).
(5) Last mile wiring.--The term ``last mile wiring'' means
the distribution facilities that connect to middle-mile
infrastructure and serve as the final connection to provide
individual consumer connectivity to the network of a service
provider.
(6) Military installation.--The term ``military
installation'' has the meaning given the term in section
2801(c) of title 10, United States Code.
(7) Transmitting utility.--The term ``transmitting
utility'' has the meaning given the term in section 3 of the
Federal Power Act (16 U.S.C. 796).
(b) Waiver of Federal Permitting Requirements for the Leasing of
Excess Fiber Capacity.--
(1) In general.--Subject to paragraph (2) but
notwithstanding any other provision of law, in any case in
which an electric utility or transmitting utility seeks to
expand, for the purpose of leasing existing excess fiber
capacity, the scope of an existing Federal easement or right-
of-way held by that electric utility or transmitting utility,
all Federal permitting requirements relating to that expansion
or the leasing of that existing excess capacity shall be
waived.
(2) National security.--Paragraph (1) does not apply to any
Federal permitting requirement that, in the determination of
the Federal official responsible for administering the
permitting requirement, directly relates to--
(A) the national security of the United States;
(B) the security of defense critical electric
infrastructure; or
(C) the security of a military installation,
defense site, or critical defense facility.
(c) Use of Existing Fiber Infrastructure.--
(1) In general.--Subject to paragraphs (2) and (3) but
notwithstanding any other provision of law, except as otherwise
provided expressly in a written easement, with respect to any
fiber infrastructure existing and installed as of the date of
enactment of this Act (such as fiber infrastructure installed
by a grid operator to monitor the operation of the applicable
grid or network) on land subject to an easement or right-of-way
granted by the Federal Government for the location and use of
electric transmission or distribution facilities, the
operation, leasing, repairing, and servicing of that fiber
infrastructure for broadband or other communications services--
(A) shall be deemed to be an allowed use within the
scope of the easement or right-of-way;
(B) shall not be considered to be a change in the
physical use of the easement or right-of-way;
(C) shall not be considered to interfere with,
impair, or take any vested or other rights of the owner
or occupant of the servient estate;
(D) shall be considered to impose not more than a
de minimis burden on the servient estate; and
(E) shall be considered to have value to the owner
or occupant of the servient estate in an amount that is
greater than any de minimis burden imposed.
(2) National security.--
(A) In general.--Paragraph (1) does not apply to an
easement or right-of-way that--
(i) is located on a military installation,
defense site, or critical defense facility; or
(ii) in the determination of the Federal
official responsible for administering the
servient estate, directly relates to a matter
described in any of subparagraphs (A) through
(C) of subsection (b)(2).
(B) Authority.--Notwithstanding any other provision
of law, with respect to an easement or right-of-way
described in subparagr