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 subse-
quently 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Connecting Our Neigh-
bors to Networks and Ensuring Competitive Tele-
communications Act of 2023’’ or the ‘‘CONNECT Act of 
2023’’. 
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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 Appropria-
tions 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 Of-
fice of Technical Assistance (referred to in this 
paragraph as the ‘Office’). 
‘‘(B) STAFF.—The Office shall employ an 
appropriate number of staff dedicated to pro-
viding technical assistance with respect to Re-
Connect Program applications. 
‘‘(C) DUTIES.—The Office shall assist ap-
plicants for the ReConnect Program that serve 
not more than 20,000 subscribers with— 
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‘‘(i) completing paperwork to be sub-
mitted to the Department of Agriculture; 
‘‘(ii) identifying Federal, State, or 
local agencies that will need to grant a per-
mit or right-of-way with respect to a pro-
posed project; and 
‘‘(iii) such other matters as the Sec-
retary determines to be appropriate. 
‘‘(D) EVALUATION CRITERIA POINTS.—In 
providing evaluation criteria points to applica-
tions for the ReConnect Program, the Secretary 
shall provide an additional 5 points to an appli-
cation if the applicant has consulted with the 
Office. 
‘‘(E) FUNDING.—Of the amounts appro-
priated to the Secretary to carry out the Re-
Connect Program for each fiscal year, the Sec-
retary 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 pro-
gram to provide grants to providers that serve 
fewer than 20,000 individuals to obtain assist-
ance in— 
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‘‘(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 re-
ceives a grant under subparagraph (A) subse-
quently 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 appro-
priated to the Secretary to carry out the Re-
Connect Program for each fiscal year, the Sec-
retary 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 
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‘‘(B) not later than 2 years after that date 
of enactment, issue regulations to revise the ap-
plication requirements for the ReConnect Pro-
gram to reduce the time and expense required 
to complete an application. 
‘‘(2) CONSULTATION.—In carrying out para-
graph (1), the Secretary shall consult with— 
‘‘(A) providers serving not more than 
20,000 subscribers; 
‘‘(B) industry groups, including nonprofit 
organizations, local governments, and coopera-
tives; 
‘‘(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 gov-
ernment, 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.— 
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‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), in providing evaluation criteria 
points to applications for the ReConnect Pro-
gram, 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 obliga-
tions, 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 ad-
ministration of the requirement under subpara-
graph (B) does not increase the reporting bur-
den 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 with-
in the area covered by an application for a grant 
under that Program; or 
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‘‘(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 pend-
ing 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 
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(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
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Committee on Agri-
culture, Nutrition, and Forestry of the Senate; 
(C) the Committee on Energy and Com-
merce 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. 
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(3) COUNCIL.—The term ‘‘Council’’ means the 
interagency council established under subsection (b). 
(4) COVERED BROADBAND SERVICE.—The term 
‘‘covered broadband service’’ means broadband inter-
net access service that is provided using infrastruc-
ture built with Federal funds. 
(b) ESTABLISHMENT
OF COUNCIL.—The Federal 
Communications Commission shall establish an inter-
agency 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 Communica-
tions Commission. 
(2) A representative of the Department of Com-
merce. 
(3) A representative of the Department of Agri-
culture. 
(4) A representative of the Department of the 
Interior. 
(5) A representative of the Department of the 
Treasury. 
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(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 fre-
quently than semiannually thereafter, the Council 
shall meet to evaluate speed requirements for cov-
ered broadband service. 
(2) REPORTS.— 
(A) IN GENERAL.—Before each meeting, 
other than the initial meeting, the Council shall 
publish and submit to the appropriate congres-
sional 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 
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broadband programs that have similar or 
duplicative missions. 
(B) CATEGORIES.—For purposes of sub-
paragraph (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 there-
after, 1 or more members of the Council shall ap-
pear before each appropriate congressional com-
mittee 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 so-
ciety about— 
(A) existing broadband technology; 
(B) recommended speed and latency re-
quirements for covered broadband service; 
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(C) recommended requirements for appli-
cations 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 EASE-
MENTS 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 En-
ergy under section 215A(c) of the Federal Power 
Act (16 U.S.C. 824o–1(c)). 
(2) DEFENSE CRITICAL ELECTRIC INFRASTRUC-
TURE.—The term ‘‘defense critical electric infra-
structure’’ 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. 
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(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 ‘‘mili-
tary installation’’ has the meaning given the term in 
section 2801(c) of title 10, United States Code. 
(7) TRANSMITTING UTILITY.—The term ‘‘trans-
mitting 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 REQUIRE-
MENTS FOR THE LEASING OF EXCESS FIBER CAPAC-
ITY.— 
(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 ex-
isting excess fiber capacity, the scope of an existing 
Federal easement or right-of-way held by that elec-
tric utility or transmitting utility, all Federal permit-
ting requirements relating to that expansion or the 
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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 re-
sponsible for administering the permitting require-
ment, 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 writ-
ten easement, with respect to any fiber infrastruc-
ture existing and installed as of the date of enact-
ment of this Act (such as fiber infrastructure in-
stalled 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, 
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leasing, repairing, and servicing of that fiber infra-
structure 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 es-
tate; 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 installa-
tion, defense site, or critical defense facil-
ity; or 
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