118 S2810 IS: Tribal Connect Act of 2023
U.S. Senate
2023-09-14
text/xml
EN
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II
118th CONGRESS
1st Session
S. 2810
IN THE SENATE OF THE UNITED STATES
September 14, 2023
Mr. Heinrich (for himself, Mr. Hoeven, Mr. Luján, 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.
1.

Short title
This Act may be cited as the “Tribal Connect Act of 2023”.
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).”.