Bill Details
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This bill would push federal agencies to handle broadband-related permit applications faster and more consistently. It would require agencies to keep better records on how long each application takes, study the causes of delays while they are happening, fix those problems, and report the delays to Congress every year. It would also require agencies to warn staff when an application is in danger of missing the 270-day deadline. In addition, the bill would add certain broadband infrastructure projects that are likely to cost more than $5 million to a federal project category used for environmental review rules.
Agencies would have to improve their data so they can track the processing time for each communications use application more accurately.
Agencies would need to analyze delay reasons, take action to reduce delays, and send yearly reports to the House and Senate committees with oversight of the agency and broadband issues.
Agencies would also need a system to alert employees when an application may miss the 270-day review deadline.
The bill would add broadband infrastructure projects likely to require more than $5 million in investment to a federal category tied to environmental review under existing law.
Official Summaries
Accelerating Broadband Permits Act
This bill makes specified changes to processes for federal review of certain communications and broadband infrastructure projects.
Specifically, the bill requires executive branch agencies to identify and address factors that contribute to delays in their review of applications for easements, rights-of-way, or leases related to communications infrastructure projects. (Under current law, executive branch agencies with control over buildings or property may grant such easements, rights-of-way, or leases to entities seeking to install, construct, modify, or maintain communications facilities. Generally, agencies must act on such applications within 270 days.)
Under the bill, agencies must develop controls to ensure accurate tracking of processing times for such applications and take action to address factors contributing to delays as they occur. Agencies must also establish methods to alert employees when the agency is at risk of failing to meet the 270-day deadline with respect to a particular application. (These provisions were recommended by the Government Accountability Office in an April 2024 report to Congress entitled Broadband Deployment: Agencies Should Take Steps to Better Meet Deadline for Processing Permits.)
Separately, the bill lowers the cost threshold for certain broadband infrastructure projects to qualify as covered projects under the Fixing America's Surface Transportation (FAST) Act from $200 million to $5 million. Such projects qualify for expedited federal environmental review.
Current Full Text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 866 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 866
To require executive agencies to take steps to better meet the
statutory deadline for processing communications use applications, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2025
Mr. Thune (for himself, Mr. Lujan, and Mr. Barrasso) introduced the
following bill; which was read twice and referred to the Committee on
Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To require executive agencies to take steps to better meet the
statutory deadline for processing communications use applications, 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 ``Accelerating Broadband Permits
Act''.
SEC. 2. TRACKING AND IMPROVING PROCESSING TIMES FOR COMMUNICATIONS USE
APPLICATIONS.
Section 6409(b)(3) of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1455(b)(3)) is amended by adding at the end the
following:
``(E) Tracking and improving processing times.--
``(i) Data controls.--An executive agency
shall develop controls to ensure that data is
sufficiently accurate and complete to track the
processing time for each application described
in subparagraph (A).
``(ii) Requirement to analyze, address, and
report on delay factors.--With respect to the
factors that contribute to delays in processing
applications described in subparagraph (A), an
executive agency shall--
``(I) analyze the factors as the
delays are occurring;
``(II) take actions to address the
factors; and
``(III) provide an annual report on
the factors to--
``(aa) the Committee on
Commerce, Science, and
Transportation of the Senate;
``(bb) the Committee on
Energy and Natural Resources of
the Senate;
``(cc) the Committee on
Energy and Commerce of the
House of Representatives;
``(dd) the Committee on
Natural Resources of the House
of Representatives; and
``(ee) each committee of
Congress with jurisdiction over
the executive agency.
``(iii) Method for alerting staff to at-
risk applications.--An executive agency shall
establish a method to alert employees of the
executive agency to any application described
in subparagraph (A) with respect to which the
executive agency is at risk of failing to meet
the 270-day deadline under that
subparagraph.''.
SEC. 3. MINIMUM BROADBAND PROJECT COST.
Section 41001(6)(A) of the FAST Act (42 U.S.C. 4370m(6)(A)) is
amended--
(1) in clause (iii), by striking ``or'' at the end;
(2) by redesignating clause (iv) as clause (v); and
(3) by inserting after clause (iii) the following:
``(iv)(I) is subject to NEPA;
``(II) involves the construction of
infrastructure for broadband; and
``(III) is likely to require a total
investment of more than $5,000,000; or''.
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