[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2663 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 2663

  To amend the Rural Electrification Act of 1936 to reform broadband 
                  permitting, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2023

 Mr. Bennet (for himself and Mr. Budd) introduced the following bill; 
  which was read twice and referred to the Committee on Agriculture, 
                        Nutrition, and Forestry

_______________________________________________________________________

                                 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 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 subparagraph (A), the Federal official 
                responsible for administering the servient estate shall 
                have the authority to expand the scope of the easement 
                or right-of-way to include the operation, leasing, 
                repairing, and servicing of broadband or other 
                communications services in a manner consistent with 
                national security, if the official determines such an 
                expansion to be appropriate.
            (3) Limitation.--Paragraph (1) does not apply to any new 
        construction or installation occurring after the date of 
        enactment of this Act, including the laying of cables, the 
        placement of supporting infrastructure, or the completion of 
        last mile wiring to households.
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