I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Connecting Our Neigh5 bors to Networks and Ensuring Competitive Tele6 communications Act of 2023’’ or the ‘‘CONNECT Act of 

7 2023’’. 


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1 SEC. 2. RECONNECT PROGRAM. 

2 Title VI of the Rural Electrification Act of 1936 (7 

3 U.S.C. 950bb et seq.) is amended by adding at the end 

4 the following: 

5 ‘‘SEC. 607. RECONNECT PROGRAM. 

6 ‘‘(a) DEFINITION OF RECONNECT PROGRAM.—In 

7 this section, the term ‘ReConnect Program’ means the 

8 broadband loan and grant pilot program authorized under 

9 section 779 of division A of the Consolidated Appropria10 tions Act, 2018 (Public Law 115–141; 132 Stat. 399) (or 

11 a successor provision of law that authorizes that program). 

12 ‘‘(b) TECHNICAL ASSISTANCE AND APPLICATIONS

13 SUPPORT.— 

14 ‘‘(1) OFFICE OF TECHNICAL ASSISTANCE.— 

15 ‘‘(A) IN GENERAL.—The Secretary shall 

16 establish under the ReConnect Program an Of17 fice of Technical Assistance (referred to in this 

18 paragraph as the ‘Office’). 

19 ‘‘(B) STAFF.—The Office shall employ an 

20 appropriate number of staff dedicated to pro21 viding technical assistance with respect to Re22 Connect Program applications. 

23 ‘‘(C) DUTIES.—The Office shall assist ap24 plicants for the ReConnect Program that serve 

25 not more than 20,000 subscribers with— 


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1 ‘‘(i) completing paperwork to be sub2 mitted to the Department of Agriculture; 

3 ‘‘(ii) identifying Federal, State, or 

4 local agencies that will need to grant a per5 mit or right-of-way with respect to a pro6 posed project; and 

7 ‘‘(iii) such other matters as the Sec8 retary determines to be appropriate. 

9 ‘‘(D) EVALUATION CRITERIA POINTS.—In 

10 providing evaluation criteria points to applica11 tions for the ReConnect Program, the Secretary 

12 shall provide an additional 5 points to an appli13 cation if the applicant has consulted with the 

14 Office. 

15 ‘‘(E) FUNDING.—Of the amounts appro16 priated to the Secretary to carry out the Re17 Connect Program for each fiscal year, the Sec18 retary shall make available to the Office to 

19 carry out this paragraph $10,000,000. 

20 ‘‘(2) MINI-GRANT PROGRAM.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall 

22 establish under the ReConnect Program a pro23 gram to provide grants to providers that serve 

24 fewer than 20,000 individuals to obtain assist25 ance in— 


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1 ‘‘(i) preparing an application for the 

2 ReConnect Program; and 

3 ‘‘(ii) developing an initial plan for a 

4 project carried out under the ReConnect 

5 Program. 

6 ‘‘(B) LIMITATION.—The amount of a 

7 grant under subparagraph (A) shall be not 

8 more than $20,000. 

9 ‘‘(C) RECOUPMENT.—If a provider that re10 ceives a grant under subparagraph (A) subse11 quently applies for and receives funding under 

12 the ReConnect Program, the provider shall 

13 repay to the Secretary the amount of the grant 

14 received under subparagraph (A). 

15 ‘‘(D) FUNDING.—Of the amounts appro16 priated to the Secretary to carry out the Re17 Connect Program for each fiscal year, the Sec18 retary shall make available to carry out this 

19 paragraph $10,000,000. 

20 ‘‘(c) APPLICATION REVIEW AND UPDATE.— 

21 ‘‘(1) IN GENERAL.—The Secretary shall— 

22 ‘‘(A) review the application requirements 

23 for the ReConnect Program in effect on the 

24 date of enactment of this section; and 


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1 ‘‘(B) not later than 2 years after that date 

2 of enactment, issue regulations to revise the ap3 plication requirements for the ReConnect Pro4 gram to reduce the time and expense required 

5 to complete an application. 

6 ‘‘(2) CONSULTATION.—In carrying out para7 graph (1), the Secretary shall consult with— 

8 ‘‘(A) providers serving not more than 

9 20,000 subscribers; 

10 ‘‘(B) industry groups, including nonprofit 

11 organizations, local governments, and coopera12 tives; 

13 ‘‘(C) civil society members; and 

14 ‘‘(D) technical experts. 

15 ‘‘(d) SUPPORT FOR COOPERATIVES AND NONPROFIT

16 ORGANIZATIONS.— 

17 ‘‘(1) PRIORITY.—In reviewing applications for 

18 the ReConnect Program, the Secretary shall give 

19 priority to an application submitted by a local gov20 ernment, a nonprofit organization, or a cooperative 

21 (including for a project involving a public-private 

22 partnership where the local government, nonprofit 

23 organization, or cooperative is the applicant). 

24 ‘‘(2) EVALUATION CRITERIA POINTS.— 


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1 ‘‘(A) IN GENERAL.—Subject to subpara2 graph (B), in providing evaluation criteria 

3 points to applications for the ReConnect Pro4 gram, the Secretary shall provide 20 points to 

5 an application submitted by a local government, 

6 a nonprofit organization, or a cooperative. 

7 ‘‘(B) REQUIREMENT.—Before providing 20 

8 points to an application under subparagraph 

9 (A), the Secretary shall consider the degree to 

10 which the applicant can reasonably be expected 

11 to meet construction and deployment obliga12 tions, including project timelines, building and 

13 construction material needs, and labor needs 

14 necessary for the completion of the project. 

15 ‘‘(C) REPORTING.—The Secretary shall 

16 take appropriate steps to ensure that the ad17 ministration of the requirement under subpara18 graph (B) does not increase the reporting bur19 den of an applicant. 

20 ‘‘(e) ELIGIBILITY.—A rural area shall be eligible for 

21 funding under the ReConnect Program if the area— 

22 ‘‘(1) has no fixed wireline service provider with23 in the area covered by an application for a grant 

24 under that Program; or 


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1 ‘‘(2) has been designated as served due to a 

2 pending broadband development project, if, 3 years 

3 after the date on which the project becomes a pend4 ing broadband development project, the project has 

5 yet to begin significant construction or meet major 

6 deployment obligations for the project.’’. 

7 SEC. 3. USDA PERMITTING REFORM. 

8 (a) IN GENERAL.—Notwithstanding paragraph 

9 (3)(A) of section 6409(b) of the Middle Class Tax Relief 

10 and Job Creation Act of 2012 (47 U.S.C. 1455(b)), not 

11 later than 180 days after the date on which the Secretary 

12 of Agriculture receives a duly filed application under that 

13 section for an easement, right-of-way, or lease to install, 

14 construct, modify, or maintain a communications facility 

15 installation for the provision of broadband internet access 

16 service (as defined in section 8.1(b) of title 47, Code of 

17 Federal Regulations (or any successor regulation)) using 

18 funding provided under a program of the Department of 

19 Agriculture, the Secretary of Agriculture shall— 

20 (1) conduct any environmental or other reviews 

21 necessary to determine whether to grant or deny the 

22 application, including under section 306108 of title 

23 54, United States Code; 

24 (2) grant or deny, on behalf of the Federal 

25 Government, the application; and 


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1 (3) notify the applicant of the grant or denial. 

2 (b) APPLICABILITY OF LAWS.—Section 6409(b) of 

3 the Middle Class Tax Relief and Job Creation Act of 2012 

4 (47 U.S.C. 1455(b)) (other than paragraph (3)(A) of that 

5 section) shall apply to the requirements under subsection 

6 (a). 

7 SEC. 4. BROADBAND REQUIREMENTS COUNCIL. 

8 (a) DEFINITIONS.—In this section: 

9 (1) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committee on Commerce, Science, 

13 and Transportation of the Senate; 

14 (B) the Committee on Committee on Agri15 culture, Nutrition, and Forestry of the Senate; 

16 (C) the Committee on Energy and Com17 merce of the House of Representatives; and 

18 (D) the Committee on Agriculture of the 

19 House of Representatives. 

20 (2) BROADBAND INTERNET ACCESS SERVICE.— 

21 The term ‘‘broadband internet access service’’ has 

22 the meaning given the term in section 8.1(b) of title 

23 47, Code of Federal Regulations, or any successor 

24 regulation. 


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1 (3) COUNCIL.—The term ‘‘Council’’ means the 

2 interagency council established under subsection (b). 

3 (4) COVERED BROADBAND SERVICE.—The term 

4 ‘‘covered broadband service’’ means broadband inter5 net access service that is provided using infrastruc6 ture built with Federal funds. 

7 (b) ESTABLISHMENT OF COUNCIL.—The Federal 

8 Communications Commission shall establish an inter9 agency council to recommend uniform— 

10 (1) speed requirements for covered broadband 

11 service; and 

12 (2) requirements for applications for Federal 

13 broadband funds. 

14 (c) MEMBERSHIP.—The Council shall be composed of 

15 the following members: 

16 (1) A representative of the Federal Communica17 tions Commission. 

18 (2) A representative of the Department of Com19 merce. 

20 (3) A representative of the Department of Agri21 culture. 

22 (4) A representative of the Department of the 

23 Interior. 

24 (5) A representative of the Department of the 

25 Treasury. 


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1 (6) A representative of the National Science 

2 Foundation. 

3 (d) DUTIES.— 

4 (1) MEETINGS.—Not later than 180 days after 

5 the date of enactment of this Act, and not less fre6 quently than semiannually thereafter, the Council 

7 shall meet to evaluate speed requirements for cov8 ered broadband service. 

9 (2) REPORTS.— 

10 (A) IN GENERAL.—Before each meeting, 

11 other than the initial meeting, the Council shall 

12 publish and submit to the appropriate congres13 sional committees a report that recommends— 

14 (i) speed and latency requirements for 

15 covered broadband service in both rural 

16 and urban areas, taking into account the 

17 needs of served, unserved, and underserved 

18 communities; 

19 (ii) requirements for a standardized 

20 application form for Federal broadband 

21 funds, including any required documents, 

22 financial reports, engineering studies, or 

23 other materials; and 

24 (iii) opportunities for combining or 

25 better streamlining existing Federal 


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1 broadband programs that have similar or 

2 duplicative missions. 

3 (B) CATEGORIES.—For purposes of sub4 paragraph (A)(i), the Council may establish 

5 new categories, such as— 

6 (i) rural areas that are unserved or 

7 underserved by broadband internet access 

8 service; or 

9 (ii) urban areas that are unserved or 

10 underserved by broadband internet access 

11 service. 

12 (3) APPEARANCES BEFORE CONGRESS.—Not 

13 later than 1 year after the date of enactment of this 

14 Act, and not less frequently than annually there15 after, 1 or more members of the Council shall ap16 pear before each appropriate congressional com17 mittee for a hearing on the work of the Council. 

18 (4) REQUESTS FOR INFORMATION.—Before the 

19 first meeting of each year, the Council shall issue a 

20 request for information to collect feedback from 

21 stakeholders in the broadband industry and civil so22 ciety about— 

23 (A) existing broadband technology; 

24 (B) recommended speed and latency re25 quirements for covered broadband service; 


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1 (C) recommended requirements for appli2 cations for Federal broadband funds; 

3 (D) the needs of broadband consumers; 

4 and 

5 (E) the definitions of relevant terms, such 

6 as ‘‘served’’, ‘‘unserved’’, ‘‘underserved’’, 

7 ‘‘rural’’, and ‘‘urban’’. 

8 SEC. 5. LEASING REFORM TO ALLOW FOR BROADBAND OR 

9 OTHER COMMUNICATIONS SERVICES ON 

10 LAND SUBJECT TO CERTAIN FEDERAL EASE11 MENTS OR RIGHTS-OF-WAY. 

12 (a) DEFINITIONS.—In this section: 

13 (1) CRITICAL DEFENSE FACILITY.—The term 

14 ‘‘critical defense facility’’ means a facility designated 

15 as a critical defense facility by the Secretary of En16 ergy under section 215A(c) of the Federal Power 

17 Act (16 U.S.C. 824o–1(c)). 

18 (2) DEFENSE CRITICAL ELECTRIC INFRASTRUC19 TURE.—The term ‘‘defense critical electric infra20 structure’’ has the meaning given the term in section 

21 215A(a) of the Federal Power Act (16 U.S.C. 824o– 

22 1(a)). 

23 (3) DEFENSE SITE.—The term ‘‘defense site’’ 

24 has the meaning given the term in section 2710(e) 

25 of title 10, United States Code. 


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1 (4) ELECTRIC UTILITY.—The term ‘‘electric 

2 utility’’ has the meaning given the term in section 

3 3 of the Federal Power Act (16 U.S.C. 796). 

4 (5) LAST MILE WIRING.—The term ‘‘last mile 

5 wiring’’ means the distribution facilities that connect 

6 to middle-mile infrastructure and serve as the final 

7 connection to provide individual consumer 

8 connectivity to the network of a service provider. 

9 (6) MILITARY INSTALLATION.—The term ‘‘mili10 tary installation’’ has the meaning given the term in 

11 section 2801(c) of title 10, United States Code. 

12 (7) TRANSMITTING UTILITY.—The term ‘‘trans13 mitting utility’’ has the meaning given the term in 

14 section 3 of the Federal Power Act (16 U.S.C. 796). 

15 (b) WAIVER OF FEDERAL PERMITTING REQUIRE16 MENTS FOR THE LEASING OF EXCESS FIBER CAPAC17 ITY.— 

18 (1) IN GENERAL.—Subject to paragraph (2) 

19 but notwithstanding any other provision of law, in 

20 any case in which an electric utility or transmitting 

21 utility seeks to expand, for the purpose of leasing ex22 isting excess fiber capacity, the scope of an existing 

23 Federal easement or right-of-way held by that elec24 tric utility or transmitting utility, all Federal permit25 ting requirements relating to that expansion or the 


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1 leasing of that existing excess capacity shall be 

2 waived. 

3 (2) NATIONAL SECURITY.—Paragraph (1) does 

4 not apply to any Federal permitting requirement 

5 that, in the determination of the Federal official re6 sponsible for administering the permitting require7 ment, directly relates to— 

8 (A) the national security of the United 

9 States; 

10 (B) the security of defense critical electric 

11 infrastructure; or 

12 (C) the security of a military installation, 

13 defense site, or critical defense facility. 

14 (c) USE OF EXISTING FIBER INFRASTRUCTURE.— 

15 (1) IN GENERAL.—Subject to paragraphs (2) 

16 and (3) but notwithstanding any other provision of 

17 law, except as otherwise provided expressly in a writ18 ten easement, with respect to any fiber infrastruc19 ture existing and installed as of the date of enact20 ment of this Act (such as fiber infrastructure in21 stalled by a grid operator to monitor the operation 

22 of the applicable grid or network) on land subject to 

23 an easement or right-of-way granted by the Federal 

24 Government for the location and use of electric 

25 transmission or distribution facilities, the operation, 


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1 leasing, repairing, and servicing of that fiber infra2 structure for broadband or other communications 

3 services— 

4 (A) shall be deemed to be an allowed use 

5 within the scope of the easement or right-of6 way; 

7 (B) shall not be considered to be a change 

8 in the physical use of the easement or right-of9 way; 

10 (C) shall not be considered to interfere 

11 with, impair, or take any vested or other rights 

12 of the owner or occupant of the servient estate; 

13 (D) shall be considered to impose not more 

14 than a de minimis burden on the servient es15 tate; and 

16 (E) shall be considered to have value to the 

17 owner or occupant of the servient estate in an 

18 amount that is greater than any de minimis 

19 burden imposed. 

20 (2) NATIONAL SECURITY.— 

21 (A) IN GENERAL.—Paragraph (1) does not 

22 apply to an easement or right-of-way that— 

23 (i) is located on a military installa24 tion, defense site, or critical defense facil25 ity; or 


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1 (ii) in the determination of the Fed2 eral official responsible for administering 

3 the servient estate, directly relates to a 

4 matter described in any of subparagraphs 

5 (A) through (C) of subsection (b)(2). 

6 (B) AUTHORITY.—Notwithstanding any 

7 other provision of law, with respect to an ease8 ment or right-of-way described in subparagraph 

9 (A), the Federal official responsible for admin10 istering the servient estate shall have the au11 thority to expand the scope of the easement or 

12 right-of-way to include the operation, leasing, 

13 repairing, and servicing of broadband or other 

14 communications services in a manner consistent 

15 with national security, if the official determines 

16 such an expansion to be appropriate. 

17 (3) LIMITATION.—Paragraph (1) does not 

18 apply to any new construction or installation occur19 ring after the date of enactment of this Act, includ20 ing the laying of cables, the placement of supporting 

21 infrastructure, or the completion of last mile wiring 

22 to households. 

Æ 


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