[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1672 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 1672
To amend the Communications Act of 1934 to provide for the
establishment of a program to expand access to broadband service, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 9, 2021
Mr. Welch (for himself, Ms. Barragan, Mr. Tonko, Mr. McNerney, Ms.
Leger Fernandez, Mr. Cardenas, and Ms. Blunt Rochester) introduced the
following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to provide for the
establishment of a program to expand access to broadband service, 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 ``Connect America Act of 2021''.
SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS WITH
LOW-TIER OR MID-TIER SERVICE.
(a) In General.--Title VII of the Communications Act of 1934 (47
U.S.C. 601 et seq.) is amended by adding at the end the following new
section:
``SEC. 723. EXPANSION OF BROADBAND ACCESS IN UNSERVED AREAS AND AREAS
WITH LOW-TIER OR MID-TIER SERVICE.
``(a) Program Established.--Not later than 180 days after the date
of the enactment of this section, the Commission, in consultation with
the Assistant Secretary, shall establish a program to expand access to
broadband service for unserved areas, areas with low-tier service,
areas with mid-tier service, and unserved anchor institutions in
accordance with the requirements of this section that--
``(1) is separate from any universal service program
established pursuant to section 254; and
``(2) does not require funding recipients to be designated
as eligible telecommunications carriers under section 214(e).
``(b) Use of Program Funds.--
``(1) Expanding access to broadband service through
national system of competitive bidding.--Not later than 18
months after the date of the enactment of this section, the
Commission shall award 75 percent of the amounts appropriated
under subsection (g) through national systems of competitive
bidding to funding recipients only to expand access to
broadband service in unserved areas and areas with low-tier
service.
``(2) Expanding access to broadband service through
states.--
``(A) Distribution of funds to states.--Not later
than 255 days after the date of the enactment of this
section, the Commission shall distribute 25 percent of
the amounts appropriated under subsection (g) among the
States, as follows:
``(i) $100,000,000 shall be distributed to
each of the 50 States, the District of
Columbia, and Puerto Rico.
``(ii) $100,000,000 shall be allocated
equally among and distributed to the United
States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana
Islands, the Republic of the Marshall Islands,
the Federated States of Micronesia, and the
Republic of Palau.
``(iii) The remainder shall be allocated
among and distributed to the entities described
in clause (i), in proportion to the population
of each such entity.
``(B) Public notice.--Not later than 195 days after
the date of the enactment of this section, the
Commission shall issue a public notice informing each
State and the public of the amounts to be distributed
under this paragraph. The notice shall include--
``(i) the manner in which a State shall
inform the Commission of that State's
acceptance or acceptance in part of the amounts
to be distributed under this paragraph;
``(ii) the date (which is 30 days after the
date on which the public notice is issued) by
which such acceptance or acceptance in part is
due; and
``(iii) the requirements as set forth under
this section and as may be further prescribed
by the Commission.
``(C) Acceptance by states.--Not later than 30 days
after the date on which a public notice is issued under
subparagraph (B), each State accepting amounts to be
distributed under this paragraph shall inform the
Commission of the acceptance or acceptance in part by
the State of the amounts to be distributed under this
paragraph in the manner described by the Commission in
the public notice.
``(D) Requirements for state receipt of amounts
distributed.--Each State accepting amounts distributed
under this paragraph--
``(i) shall only award such amounts through
statewide systems of competitive bidding, in
the manner prescribed by the State but subject
to the requirements as set forth under this
section and as may be further prescribed by the
Commission;
``(ii) shall make such awards only--
``(I) to funding recipients to
expand access to broadband service in
unserved areas and areas with low-tier
service;
``(II) to funding recipients to
expand access to broadband service to
unserved anchor institutions; or
``(III) to funding recipients to
expand access to broadband service in
areas with mid-tier service, but only
if a State does not have, or no longer
has, any unserved areas or areas with
low-tier service;
``(iii) shall conduct separate systems of
competitive bidding for awards made to unserved
anchor institutions under clause (ii)(II), if a
State awards any amounts distributed under this
paragraph to unserved anchor institutions;
``(iv) shall return any unused portion of
amounts distributed under this paragraph to the
Commission within 10 years after the date of
the enactment of this section and shall submit
a certification to the Commission before
receiving such amounts that the State will
return such amounts; and
``(v) may not use more than 5 percent of
the amounts distributed under this paragraph to
administer a system or systems of competitive
bidding authorized by this paragraph.
``(3) Federal and state coordination.--The Commission, in
consultation with the Office of Internet Connectivity and
Growth, shall establish processes through the rulemaking under
subsection (e) to--
``(A) permit a State to elect for the Commission to
conduct statewide systems of competitive bidding on
behalf of such State as part of, or in coordination
with, national systems of competitive bidding;
``(B) assist States in conducting statewide systems
of competitive bidding;
``(C) ensure that program funds awarded by the
Commission and program funds awarded by the States are
not used in the same areas; and
``(D) ensure that program funds and funds awarded
through other Federal programs to expand broadband
service with a download speed of at least 100 megabits
per second, an upload speed of at least 100 megabits
per second, and latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications, are not used in the same areas.
``(c) Program Requirements.--
``(1) Technology neutrality required.--The entity
administering a system of competitive bidding (either a State
or the Commission) in making awards may not favor a project
using any particular technology.
``(2) Gigabit performance funding.--The Commission shall
reserve 20 percent of the amounts to be awarded by the
Commission under subsection (b)(1), and each State shall
reserve 20 percent of the amounts distributed to such State
under subsection (b)(2), for bidders committing (with respect
to any particular project by such a bidder) to offer, not later
than the date that is 4 years after the date on which funding
is provided under this section for such project--
``(A) broadband service with a download speed of at
least 1 gigabit per second, an upload speed of at least
1 gigabit per second, and latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications; or
``(B) in the case of a project to provide broadband
service to an unserved anchor institution, broadband
service with a download speed of at least 10 gigabits
per second per 1,000 users, an upload speed of at least
10 gigabits per second per 1,000 users, and latency
that is sufficiently low to allow multiple,
simultaneous, real-time, interactive applications.
``(3) System of competitive bidding process.--The entity
administering a system of competitive bidding (either a State
or the Commission) shall structure the system of competitive
bidding process to--
``(A) first hold a system of competitive bidding
only for bidders committing (with respect to any
particular project by such a bidder) to offer, not
later than the date that is 4 years after the date on
which funding is provided under this section for such
project--
``(i) broadband service with a download
speed of at least 1 gigabit per second, an
upload speed of at least 1 gigabit per second,
and latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; or
``(ii) in the case of a project to provide
broadband service to an unserved anchor
institution, broadband service with a download
speed of at least 10 gigabits per second per
1,000 users, an upload speed of at least 10
gigabits per second per 1,000 users, and
latency that is sufficiently low to allow
multiple, simultaneous, real-time, interactive
applications; and
``(B) after holding the system of competitive
bidding required by subparagraph (A), hold one or more
systems of competitive bidding, in areas not receiving
awards under subparagraph (A), to award funds for
projects in areas that are estimated to remain unserved
areas, areas with low-tier service, or (to the extent
permitted under this section) areas with mid-tier
service, or (to the extent permitted under this
section) for projects to offer broadband service to
anchor institutions that are estimated to remain
unserved anchor institutions, after the completion of
the projects for which funding is awarded under the
system of competitive bidding required by subparagraph
(A) or any previous system of competitive bidding under
this subparagraph.
``(4) Funds priority preference.--There shall be a
preference in a system of competitive bidding for projects that
would expand access to broadband service in areas where at
least 90 percent of the population has no access to broadband
service or does not have access to broadband service offered
with a download speed of at least 25 megabits per second, with
an upload speed of at least 3 megabits per second, and with
latency that is sufficiently low to allow multiple,
simultaneous, real-time, interactive applications. Such
projects shall be given priority in such system of competitive
bidding over all other projects, regardless of how many
preferences under paragraph (5) for which such other projects
qualify.
``(5) Funds preference.--There shall be a preference in a
system of competitive bidding, as determined by the entity
administering the system of competitive bidding (either a State
or the Commission), for any of the following projects:
``(A) Projects with at least 20 percent matching
funds from non-Federal sources.
``(B) Projects that would expand access to
broadband service on Tribal lands, as defined by the
Commission.
``(C) Projects that would provide broadband service
with higher speeds than those specified in subsection
(d)(2), except in the case of funds awarded under
subparagraph (A) of paragraph (3).
``(D) Projects that would expand access to
broadband service in advance of the time specified in
subsection (e)(5), except in the case of funds awarded
under subparagraph (A) of paragraph (3).
``(E) Projects that would expand access to
broadband service to persistent poverty counties or
high-poverty areas at subsidized rates.
``(F) Projects that, at least until the date that
is 10 years after the date of the enactment of this
section, would provide broadband service with
comparable speeds to those provided in areas that, on
the day before such date of enactment, were not
unserved areas, areas with low-tier service, or areas
with mid-tier service, with minimal future investment.
``(G) Projects with support from the local
community, demonstrated by at least one letter of
support from local elected officials in the community.
``(H) Projects that would provide for the
deployment of open-access broadband service networks.
``(6) Unserved areas and areas with low-tier or mid-tier
service.--In determining whether an area is an unserved area,
an area with low-tier service, or an area with mid-tier service
or whether an anchor institution is an unserved anchor
institution for any system of competitive bidding authorized
under this section, the Commission shall implement the
following requirements through the rulemaking described in
subsection (e):
``(A) Data for initial determination.--To make an
initial determination as to whether an area is an
unserved area, an area with low-tier service, or an
area with mid-tier service or whether an anchor
institution is an unserved anchor institution, the
Commission shall--
``(i) use the most accurate and granular
data on the map created by the Commission under
section 802(c)(1)(B);
``(ii) refine the data described in clause
(i) by using--
``(I) other data on access to
broadband service obtained or purchased
by the Commission;
``(II) other publicly available
data or information on access to
broadband service; and
``(III) other publicly available
data or information on State broadband
service deployment programs; and
``(iii) not determine an area is not an
unserved area, an area with low-tier service,
or an area with mid-tier service, on the basis
that one location within such area does not
meet the definition of an unserved area, an
area with low-tier service, or an area with
mid-tier service.
``(B) Initial determination.--The Commission shall
make an initial determination of the areas that are
unserved areas, areas with low-tier service, and areas
with mid-tier service and which anchor institutions are
unserved anchor institutions not later than 270 days
after the date of the enactment of this section.
``(C) Challenge of determination.--
``(i) In general.--The Commission shall
provide for a process for challenging any
initial determination regarding whether an area
is an unserved area, an area with low-tier
service, or an area with mid-tier service or
whether an anchor institution is an unserved
anchor institution that, at a minimum, provides
not less than 45 days for a person to
voluntarily submit information concerning--
``(I) the broadband service offered
in the area, or a commitment to offer
broadband service in the area that is
subject to legal sanction if not
performed; or
``(II) the broadband service
offered to the anchor institution.
``(ii) Streamlined process.--The Commission
shall ensure that such process is sufficiently
streamlined such that a reasonably prudent
person may easily participate to challenge such
initial determination with little burden on
such person.
``(D) Final determination.--The Commission shall
make a final determination of the areas that are
unserved areas, areas with low-tier service, or areas
with mid-tier service and which anchor institutions are
unserved anchor institutions within 1 year after the
date of the enactment of this section.
``(7) Notice, transparency, accountability, and oversight
required.--The program shall contain sufficient notice,
transparency, accountability, and oversight measures to provide
the public with notice of the assistance provided under this
section, and to deter waste, fraud, and abuse of program funds.
``(8) Competence.--
``(A) Standards.--The Commission shall establish,
through the rulemaking described in subsection (e),
objective standards to determine that each provider of
broadband service seeking to participate in a system of
competitive bidding--
``(i) is capable of carrying out the
project in a competent manner in compliance
with all applicable Federal, State, and local
laws;
``(ii) has the financial capacity to meet
the buildout obligations of the project and
requirements as set forth under this section
and as may be further prescribed by the
Commission; and
``(iii) has the technical and operational
capability to provide broadband services in the
manner contemplated by the provider's bid in
the system of competitive bidding, including a
detailed consideration of the provider's prior
performance in delivering services as
contemplated in the bid and the capabilities of
the provider's proposed network to deliver the
contemplated services in the area in question.
``(B) Determinations regarding providers.--An
entity administering a system of competitive bidding
(either a State or the Commission) may not permit a
provider of broadband service to participate in the
system of competitive bidding unless the entity first
determines, after notice and an opportunity for public
comment, that the provider meets the standards
established under subparagraph (A).
``(9) Contracting requirements.--All laborers and mechanics
employed by contractors or subcontractors in the performance of
construction, alteration, or repair work carried out, in whole
or in part, with assistance made available under this section
shall be paid wages at rates not less than those prevailing on
projects of a similar character in the locality as determined
by the Secretary of Labor in accordance with subchapter IV of
chapter 31 of title 40, United States Code. With respect to the
labor standards in this paragraph, the Secretary of Labor shall
have the authority and functions set forth in Reorganization
Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
``(10) Rule of construction regarding environmental laws.--
Nothing in this section shall be construed to affect--
``(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
``(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.; commonly referred to as the `Clean
Water Act');
``(C) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
``(D) the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.);
``(E) the Solid Waste Disposal Act (42 U.S.C. 6901
et seq.; commonly referred to as the `Resource
Conservation and Recovery Act'); or
``(F) any State or local law that is similar to a
law listed in subparagraphs (A) through (E).
``(11) Referral of alleged violations of applicable federal
labor and employment laws.--The Commission shall refer any
alleged violation of an applicable labor and employment law to
the appropriate Federal agency for investigation and
enforcement, and any alleged violation of paragraph (9) or (12)
to the National Labor Relations Board for investigation and
enforcement, utilizing all appropriate remedies up to and
including debarment from the program.
``(12) Labor organization.--
``(A) In general.--Notwithstanding the National
Labor Relations Act (29 U.S.C. 151 et seq.),
subparagraphs (B) through (F) shall apply with respect
to any funding recipient who is an employer and any
labor organization who represents employees of a
funding recipient.
``(B) Neutrality requirement.--An employer shall
remain neutral with respect to the exercise of
employees and labor organizations of the right to
organize and bargain under the National Labor Relations
Act (29 U.S.C. 151 et seq.).
``(C) Commencement of collective bargaining.--Not
later than 10 days after receiving a written request
for collective bargaining from a labor organization
that has been newly recognized or certified as a
representative under section 9(a) of the National Labor
Relations Act (29 U.S.C. 159(a)), or within such
further period as the parties agree upon, the parties
shall meet and commence to bargain collectively and
shall make every reasonable effort to conclude and sign
a collective bargaining agreement.
``(D) Mediation and conciliation for failure to
reach a collective bargaining agreement.--
``(i) In general.--If the parties have
failed to reach an agreement before the date
that is 90 days after the date on which
bargaining is commenced under subparagraph (C),
or any later date agreed upon by both parties,
either party may notify the Federal Mediation
and Conciliation Service of the existence of a
dispute and request mediation.
``(ii) Federal mediation and conciliation
service.--Whenever a request is received under
clause (i), the Director of the Federal
Mediation and Conciliation Service shall
promptly communicate with the parties and use
best efforts, by mediation and conciliation, to
bring them to agreement.
``(E) Tripartite arbitration panel.--
``(i) In general.--If the Federal Mediation
and Conciliation Service is not able to bring
the parties to agreement by mediation or
conciliation before the date that is 30 days
after the date on which such mediation or
conciliation is commenced, or any later date
agreed upon by both parties, the Service shall
refer the dispute to a tripartite arbitration
panel established in accordance with such
regulations as may be prescribed by the
Service, with one member selected by the labor
organization, one member selected by the
employer, and one neutral member mutually
agreed to by the parties.
``(ii) Dispute settlement.--A majority of
the tripartite arbitration panel shall render a
decision settling the dispute and such decision
shall be binding upon the parties for a period
of two years, unless amended during such period
by written consent of the parties. Such
decision shall be based on--
``(I) the employer's financial
status and prospects;
``(II) the size and type of the
employer's operations and business;
``(III) the employees' cost of
living;
``(IV) the employees' ability to
sustain themselves, their families, and
their dependents on the wages and
benefits they earn from the employer;
and
``(V) the wages and benefits that
other employers in the same business
provide their employees.
``(F) Prohibition on subcontracting for certain
purposes.--A funding recipient may not engage in
subcontracting for the purpose of circumventing the
terms of a collective bargaining agreement with respect
to wages, benefits, or working conditions.
``(G) Parties defined.--In this paragraph, the term
`parties' means a labor organization that is newly
recognized or certified as a representative under
section 9(a) of the National Labor Relations Act (29
U.S.C. 159(a)) and the employer of the employees
represented by such organization.
``(d) Project Requirements.--Any project funded through the program
shall meet the following requirements:
``(1) The project shall adhere to quality-of-service
standards as established by the Commission.
``(2) Except as provided in paragraphs (2) and (3) of
subsection (c), the project shall offer broadband service with
a download speed of at least 100 megabits per second, an upload
speed of at least 100 megabits per second, and latency that is
sufficiently low to allow multiple, simultaneous, real-time,
interactive applications.
``(3) The project shall offer broadband service at prices
that are comparable to, or lower than, the prices charged for
comparable levels of service in areas that were not unserved
areas, areas with low-tier service, or areas with mid-tier
service on the day before the date of the enactment of this
section.
``(4) For any project that involves laying fiber-optic
cables along a roadway, the project shall include interspersed
conduit access points at regular and short intervals.
``(5) The project shall incorporate prudent cybersecurity
and supply chain risk management practices, as specified by the
Commission through the rulemaking described in subsection (e),
in consultation with the Director of the National Institute of
Standards and Technology and the Assistant Secretary.
``(6) The project shall incorporate best practices, as
defined by the Commission, for ensuring reliability and
resiliency of the network during disasters.
``(7) Any funding recipient must agree to have the project
meet the requirements established under section 224, as if the
project were classified as a `utility' under such section. The
preceding sentence shall not apply to those entities or persons
excluded from the definition of the term `utility' by the
second sentence of subsection (a)(1) of such section.
``(8) The project shall offer an affordable option for a
broadband service plan under which broadband service is
provided--
``(A) with a download speed of at least 50 megabits
per second;
``(B) with an upload speed of at least 50 megabits
per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(e) Rulemaking and Distribution and Award of Funds.--Not later
than 180 days after the date of the enactment of this section, the
Commission, in consultation with the Assistant Secretary, shall
promulgate rules--
``(1) that implement the requirements of this section, as
appropriate;
``(2) that establish the design of and rules for the
national systems of competitive bidding;
``(3) that establish notice requirements for all systems of
competitive bidding authorized under this section that, at a
minimum, provide the public with notice of--
``(A) the initial determination of which areas are
unserved areas, areas with low-tier service, or areas
with mid-tier service;
``(B) the final determination of which areas are
unserved areas, areas with low-tier service, or areas
with mid-tier service after the process for challenging
the initial determination has concluded;
``(C) which entities have applied to bid for
funding; and
``(D) the results of any system of competitive
bidding, including identifying the funding recipients,
which areas each project will serve, the nature of the
service that will be provided by the project in each of
those areas, and how much funding the funding
recipients will receive in each of those areas;
``(4) that establish broadband service buildout milestones
and periodic certification by funding recipients to ensure that
the broadband service buildout milestones for all systems of
competitive bidding authorized under this section will be met;
``(5) that, except as provided in paragraphs (2) and (3) of
subsection (c), establish a maximum buildout timeframe of three
years beginning on the date on which funding is provided under
this section for a project;
``(6) that establish periodic reporting requirements for
funding recipients and that identify, at a minimum, the nature
of the service provided in each area for any system of
competitive bidding authorized under this section;
``(7) that establish standard penalties for the
noncompliance of funding recipients or projects with the
requirements as set forth under this section and as may be
further prescribed by the Commission for any system of
competitive bidding authorized under this section;
``(8) that establish procedures for recovery of funds, in
whole or in part, from funding recipients in the event of the
default or noncompliance of the funding recipient or project
with the requirements established under this section for any
system of competitive bidding authorized under this section;
and
``(9) that establish mechanisms to reduce waste, fraud, and
abuse within the program for any system of competitive bidding
authorized under this section.
``(f) Reports Required.--
``(1) Inspector general and comptroller general report.--
Not later than June 30 and December 31 of each year following
the awarding of the first funds under the program, the
Inspector General of the Commission and the Comptroller General
of the United States shall submit to the Committees on Energy
and Commerce of the House of Representatives and Commerce,
Science, and Transportation of the Senate a report for the
previous 6 months that reviews the program. Such report shall
include any recommendations to address waste, fraud, and abuse.
``(2) State reports.--Any State that receives funds under
the program shall submit an annual report to the Commission on
how such funds were spent, along with a certification of
compliance with the requirements as set forth under this
section and as may be further prescribed by the Commission,
including a description of each service provided and the number
of individuals to whom the service was provided.
``(g) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission $79,500,000,000 for fiscal year 2022 to
carry out the program, and such amount is authorized to remain
available through fiscal year 2026.
``(h) Definitions.--In this section:
``(1) Affordable option.--The term `affordable option'
means, with respect to a broadband service plan, that broadband
service is provided under such plan at a rate that is
determined by the Commission, in coordination with the Office
of Internet Connectivity and Growth, to be affordable for a
household with an income of 136 percent of the poverty
threshold, as determined by using criteria of poverty
established by the Bureau of the Census, for a four-person
household that includes two dependents under the age of 18.
``(2) Anchor institution.--The term `anchor institution'--
``(A) means a public or private school, a library,
a medical or healthcare provider, a museum, a public
safety entity, a public housing agency (as defined in
section 3(b) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b))), a community college, an
institution of higher education, a religious
organization, or any other community support
organization or agency; and
``(B) includes any entity described in subparagraph
(A) that serves an Indian Tribe, tribally designated
entity, or Native Hawaiian organization.
``(3) Area.--The term `area' means the geographic unit of
measurement with the greatest level of granularity reasonably
feasible for the Commission to use in making eligibility
determinations under this section and in meeting the
requirements and deadlines of this section.
``(4) Area with low-tier service.--The term `area with low-
tier service' means an area where at least 90 percent of the
population has access to broadband service offered--
``(A) with a download speed of at least 25 megabits
per second but less than 100 megabits per second;
``(B) with an upload speed of at least 25 megabits
per second but less than 100 megabits per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(5) Area with mid-tier service.--The term `area with mid-
tier service' means an area where at least 90 percent of the
population has access to broadband service offered--
``(A) with a download speed of at least 100
megabits per second but less than 1 gigabit per second;
``(B) with an upload speed of at least 100 megabits
per second but less than 1 gigabit per second; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(6) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Communications
and Information.
``(7) Broadband service.--The term `broadband service'--
``(A) means broadband internet access service that
is a mass-market retail service, or a service provided
to an anchor institution, by wire or radio that
provides the capability to transmit data to and receive
data from all or substantially all internet endpoints,
including any capabilities that are incidental to and
enable the operation of the communications service;
``(B) includes any service that is a functional
equivalent of the service described in subparagraph
(A); and
``(C) does not include dial-up internet access
service.
``(8) Collective bargaining.--The term `collective
bargaining' means performance of the mutual obligation
described in section 8(d) of the National Labor Relations Act
(29 U.S.C. 158(d)).
``(9) Collective bargaining agreement.--The term
`collective bargaining agreement' means an agreement reached
through collective bargaining.
``(10) Funding recipient.--The term `funding recipient'
means an entity that receives funding for a project under this
section, which may include--
``(A) a private entity, a public-private
partnership, a cooperative, and a Tribal or municipal
broadband service provider; and
``(B) a consortium between any of the entities
described in subparagraph (A), including a consortium
that includes an investor-owned utility.
``(11) High-poverty area.--The term `high-poverty area'
means a census tract with a poverty rate of at least 20
percent, as measured by the most recent 5-year data series
available from the American Community Survey of the Bureau of
the Census as of the year before the date of the enactment of
this section. In the case of a territory or possession of the
United States in which no such data is collected from the
American Community Survey of the Bureau of the Census as of the
year before the date of the enactment of this section, such
term includes a census tract with a poverty rate of at least 20
percent, as measured by the most recent Island Areas decennial
census of the Bureau of the Census for which data is available
as of the year before the date of the enactment of this
section.
``(12) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
``(13) Institution of higher education.--The term
`institution of higher education'--
``(A) has the meaning given the term in section 101
of the Higher Education Act of 1965 (20 U.S.C. 1001);
and
``(B) includes a postsecondary vocational
institution.
``(14) Labor organization.--The term `labor organization'
has the meaning given the term in section 2 of the National
Labor Relations Act (29 U.S.C. 152).
``(15) Native hawaiian organization.--The term `Native
Hawaiian organization' means any organization--
``(A) that serves the interests of Native
Hawaiians;
``(B) in which Native Hawaiians serve in
substantive and policymaking positions;
``(C) that has as a primary and stated purpose the
provision of services to Native Hawaiians; and
``(D) that is recognized for having expertise in
Native Hawaiian affairs, digital connectivity, or
access to broadband service.
``(16) Persistent poverty county.--The term `persistent
poverty county' means any county with a poverty rate of at
least 20 percent, as determined in each of the 1990 and 2000
decennial censuses and in the Small Area Income and Poverty
Estimates of the Bureau of the Census for the most recent year
for which the Estimates are available. In the case of a
territory or possession of the United States, such term
includes any county equivalent area in Puerto Rico with a
poverty rate of at least 20 percent, as determined in each of
the 1990 and 2000 decennial censuses and in the most recent 5-
year data series available from the American Community Survey
of the Bureau of the Census as of the year before the date of
the enactment of this section, or any other territory or
possession of the United States with a poverty rate of at least
20 percent, as determined in each of the 1990 and 2000 Island
Areas decennial censuses of the Bureau of the Census and in the
most recent Island Areas decennial census of the Bureau of the
Census for which data is available as of the year before the
date of the enactment of this section.
``(17) Postsecondary vocational institution.--The term
`postsecondary vocational institution' has the meaning given
the term in section 102(c) of the Higher Education Act of 1965
(20 U.S.C. 1002(c)).
``(18) Program.--Unless otherwise indicated, the term
`program' means the program established under subsection (a).
``(19) Project.--The term `project' means an undertaking by
a funding recipient under this section to construct and deploy
infrastructure for the provision of broadband service.
``(20) State.--The term `State' has the meaning given such
term in section 3, except that such term also includes the
Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau.
``(21) Tribally designated entity.--The term `tribally
designated entity' means an entity designated by an Indian
Tribe for purposes of paragraph (2)(B).
``(22) Unserved anchor institution.--The term `unserved
anchor institution' means an anchor institution that has no
access to broadband service or does not have access to
broadband service offered--
``(A) with a download speed of at least 1 gigabit
per second per 1,000 users;
``(B) with an upload speed of at least 1 gigabit
per second per 1,000 users; and
``(C) with latency that is sufficiently low to
allow multiple, simultaneous, real-time, interactive
applications.
``(23) Unserved area.--The term `unserved area' means an
area where--
``(A) the Commission reasonably believes there are
potential subscribers of broadband service; and
``(B) at least 90 percent of the population has no
access to broadband service or does not have access to
broadband service offered--
``(i) with a download speed of at least 25
megabits per second;
``(ii) with an upload speed of at least 25
megabits per second; and
``(iii) with latency that is sufficiently
low to allow multiple, simultaneous, real-time,
interactive applications.''.
(b) Authorization of Appropriations for Tribal Broadband
Connectivity Program.--
(1) In general.--Section 905(c) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended by adding at the end the following:
``(9) Authorization of appropriations.--There is authorized
to be appropriated to the Assistant Secretary $500,000,000 for
fiscal year 2022 to carry out the grant program under this
subsection, and such amount is authorized to remain available
through fiscal year 2026.''.
(2) Conforming amendments.--Section 905 of division N of
the Consolidated Appropriations Act, 2021 (Public Law 116-260)
is amended--
(A) in subsection (c), by inserting ``or paragraph
(9) of this subsection'' after ``subsection (b)(1)''
each place it appears; and
(B) in subsection (e)--
(i) in paragraph (1)--
(I) in the matter preceding
subparagraph (A), by inserting after
``this Act'' the following: ``(and, in
the case of the grant program under
subsection (c), not earlier than 30
days, and not later than 60 days, after
the date of enactment of any other law
making available amounts to carry out
such program)''; and
(II) in subparagraph (A), by
inserting after ``eligible entities and
covered partnerships'' the following:
``(or, in the case of a notice issued
by reason of the enactment of a law,
other than this Act, making available
amounts to carry out the grant program
under subsection (c), eligible
entities)''; and
(ii) in paragraph (2)(A), by inserting
after ``an eligible entity or covered
partnership'' the following: ``(or, in the case
of a notice issued by reason of the enactment
of a law, other than this Act, making available
amounts to carry out the grant program under
subsection (c), an eligible entity)''.
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