[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)''.
                                 <all>