[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2810 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2810
To amend the Communications Act of 1934 to improve access by Indian
Tribes to support from universal service programs of the Federal
Communications Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2023
Mr. Heinrich (for himself, Mr. Hoeven, Mr. Lujan, and Mr. Mullin)
introduced the following bill; which was read twice and referred to the
Committee on Indian Affairs
_______________________________________________________________________
A BILL
To amend the Communications Act of 1934 to improve access by Indian
Tribes to support from universal service programs of the Federal
Communications Commission, 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 ``Tribal Connect Act of 2023''.
SEC. 2. TRIBAL ESSENTIAL COMMUNITY-SERVING INSTITUTIONS AND UNIVERSAL
SERVICE SUPPORT.
Section 254 of the Communications Act of 1934 (47 U.S.C. 254) is
amended--
(1) in subsection (h)(4), by inserting ``, except as
provided in subsection (m)(2)(C),'' before ``is a library or
library consortium''; and
(2) by adding at the end the following:
``(m) Tribal Essential Community-Serving Institutions and Universal
Service Support.--
``(1) Definitions.--In this subsection--
``(A) 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);
``(B) the term `E-rate program' means the universal
service support mechanism for schools and libraries
authorized under subsection (h)(1)(B), the rules of
which are set forth under subpart F of part 54 of title
47, Code of Federal Regulations (or any successor
regulations), as authorized under subsection (h)(2)(A);
``(C) the term `essential community-serving
institution' means a facility exclusively owned by an
Indian Tribe, including--
``(i) a Tribal government building, chapter
house, longhouse, community center, senior
center, or after-school facility; or
``(ii) any other public building similar to
a building described in clause (i);
``(D) the term `High-Cost Program' means the
program under which universal service support is
awarded in high-cost areas in accordance with subpart D
of part 54 of title 47, Code of Federal Regulations (or
any successor regulations), as authorized under
subsection (e); and
``(E) the term `Indian Tribe' has the meaning given
the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 5304).
``(2) Tribal essential community-serving institution pilot
program.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Tribal Connect Act of
2023, the Commission, in consultation with the
Institute of Museum and Library Services and any other
agency with relevant responsibilities, shall initiate,
as part of the universal service support programs
carried out under this section, either as part of the
High-Cost Program or as a standalone universal service
pilot program, a pilot program to be known as the
`Tribal Essential Community-Serving Institution
Program'--
``(i) under which the Commission shall--
``(I) provide an opportunity for
Indian Tribes to request broadband
internet access service at essential
community-serving institutions located
on Tribal land; and
``(II) authorize support for the
development of infrastructure to
provide the services requested under
subclause (I) in a manner similar to
the deployment supported under the
High-Cost Program; and
``(ii) which shall remain in effect through
the end of fiscal year 2027.
``(B) Eligibility.--Universal service support
obtained under this paragraph shall only be available
if the applicable essential community-serving
institution intends to deliver publicly available
broadband internet access service and
telecommunications services to students, teachers,
librarians, and members of the community.
``(C) Eligibility for support after the pilot
program.--An essential community-serving institution
that receives universal service support under this
paragraph shall, after the conclusion of the pilot
program described in subparagraph (A), be eligible for
universal service support through existing (as of the
date on which that pilot program concludes) and future
universal service fund programs.
``(D) Use of contributions.--Of amounts collected
under subsection (d), not more than $300,000,000 shall
be made available to carry out the pilot program
described in subparagraph (A).
``(3) Training and technical assistance for indian tribes
and essential community-serving institutions.--
``(A) Technical assistance; annual reports.--
``(i) In general.--The Commission shall--
``(I) direct the administrator of
the universal service support programs
under this section to--
``(aa) provide technical
assistance to ensure that
Indian Tribes can participate
fully and effectively in the
universal service programs,
including the E-rate program,
including by conducting--
``(AA) outreach
efforts targeted to
Tribal schools and
libraries, essential
community-serving
institutions, and
Indian Tribes that do
not have schools and
libraries to promote
awareness of the E-rate
program and the pilot
program described in
paragraph (2)(A); and
``(BB) specific
training programs for
Tribal schools and
libraries, essential
community-serving
institutions, and
Indian Tribes; and
``(bb) submit to the
Commission an annual report
regarding the provision of the
technical assistance required
under item (aa) during the year
covered by the report; and
``(II) submit each annual report
received under subclause (I)(bb) to--
``(aa) the Committee on
Commerce, Science, and
Transportation of the Senate;
``(bb) the Committee on
Indian Affairs of the Senate;
``(cc) the Committee on
Energy and Commerce of the
House of Representatives; and
``(dd) the Committee on
Natural Resources of the House
of Representatives.
``(ii) Authorization of appropriations.--
There are authorized to be appropriated
$25,000,000 to provide the technical assistance
required under clause (i)(I)(aa) for fiscal
years 2024 through 2027.
``(B) Review of annual reports.--The Commission
shall--
``(i) review each annual report received
under subparagraph (A)(i)(I)(bb) to determine
whether additional steps are necessary to
ensure that Indian Tribes can participate fully
and effectively in the universal service
programs, including the E-rate program, so that
all students who are members of Indian Tribes
can have access to robust, high-speed broadband
internet access service connections; and
``(ii) in conducting a review required
under clause (i), consider the resources
available to Tribal members through the entity
responsible for administering the universal
service programs established under this
section.
``(C) Grants.--
``(i) In general.--The Institute of Museum
and Library Services shall make direct grants
to essential community-serving institutions,
including Tribal libraries and schools, and
Indian Tribes for technical assistance
initiatives regarding the application process
for the E-rate program and the pilot program
established under paragraph (2)(A).
``(ii) Coordination.--The Institute of
Museum and Library Services shall coordinate
with the Commission and the entity responsible
for administering the universal service
programs established under this section to--
``(I) promote public awareness of
the grants described in clause (i); and
``(II) adjudicate application
decisions relating to the grants
described in clause (i).
``(iii) Authorization of appropriations.--
There are authorized to be appropriated
$25,000,000 to make the grants described in
clause (i).
``(4) Coordination and performance measurement.--The
Commission shall--
``(A) improve the reliability of the data of the
Commission relating to institutions that receive
universal service support by defining the term `Tribal'
on the application for any such support;
``(B) develop performance goals and measures to
track progress on achieving the strategic objective of
the Commission of ensuring that all Indian Tribes have
affordable access to broadband internet access service
for educational purposes for students, teachers,
librarians, and members of the community;
``(C) in coordination with the Institute of Museum
and Library Services, identify, in the United States,
all--
``(i) Tribal libraries;
``(ii) developing Tribal libraries; and
``(iii) Indian Tribes without adequate
library services; and
``(D) not later than 2 years after the date of
enactment of the Tribal Connect Act of 2023, submit to
Congress and make public a report on the goals and
measures developed under subparagraph (B) and the list
of libraries and Indian Tribes identified under
subparagraph (C).''.
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