[Congressional Record Volume 151, Number 25 (Monday, March 7, 2005)]
[Senate]
[Pages S2150-S2152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself and Ms. Cantwell):
  S. 535. A bill to establish grant programs for the development of 
telecommunications capacities in Indian country; to the Committee on 
Indian Affairs.
  Mr. INOUYE. Mr. President, I rise today to introduce the Native 
American Connectivity Act. Senator Cantwell joins me in sponsoring this 
measure.
  Over 70 years ago, we passed the Communications Act of 1934 and 
committed ``to make available . . . to all the people of the United 
States . . . a rapid, efficient, Nationwide, and world-wide wire and 
radio communication service with adequate facilities at reasonable 
charges. . . .'' It is now 2005, and the Federal Government has yet to 
fulfill this commitment in Indian country.
  Relying on 2000 Census data, the Federal Communications Commission, 
FCC, estimates that, on average, only 67.9 percent of Indian households 
located on Indian reservations have telephone service compared to a 
national average of 95 percent. Even more alarming is that household 
telephone rates for some tribes, such as the Kickapoo Reservation in 
Texas and the Navajo Nation, are as low as 33 percent and 38 percent, 
respectively. Available data also shows that many Native Americans lack 
access not only to basic telephone service but also to advanced 
telecommunications services and information technology.
  As a result, many Native Americans lack access to emergency 911 
services, are unable to secure employment because they do not have 
telephone service or Internet, and cannot otherwise participate in many 
daily activities that non-Native Americans take for granted. Moreover, 
the lack of telecommunications infrastructure impedes the economic 
development of tribal communities, educational opportunities, language 
retention and preservation, and access to adequate health care.

[[Page S2151]]

  Tribal governments and their citizens must have access to the 
necessary resources to develop their telecommunications capacities. A 
recent report by the Harvard Project on American Indian Economic 
Development credited tribal self-governance for improvements in 
socioeconomic growth at rates that far exceed progress being made 
nationally. This bill will provide the resources necessary to enhance 
and strengthen tribal self-determination to address telecommunications 
needs. As a result, tribal governments should be able to make further 
gains in socioeconomic conditions.
  I urge my colleagues to give their favorable consideration to this 
measure.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 535

       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 ``Native American Connectivity 
     Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1)(A) disparities exist in the areas of education, health 
     care, workforce training, commerce, and economic activity of 
     Indians due to the rural nature of most Indian reservations; 
     and
       (B) access to basic and advanced telecommunications 
     infrastructure is critical in eliminating those disparities;
       (2) currently, only 67.9 percent of Indian homes have 
     telephone service, compared with the national average of 95.1 
     percent;
       (3) the telephone service penetration rate on some 
     reservations is as low as 39 percent;
       (4) even on reservations and trust land, non-Indian homes 
     are more likely to have telephone service than Indian homes;
       (5) only 10 percent of Indian households on tribal land 
     have Internet access;
       (6) only 17 percent of Indian tribes have developed 
     comprehensive technology plans;
       (7) training and technical assistance have been identified 
     as the most significant needs for the development and 
     effective use of telecommunications and information 
     technology in Indian country;
       (8) funding for telecommunications and information 
     technology projects in Indian country remains inadequate to 
     address the needs of Indian communities;
       (9) many Indian tribes are located on or adjacent to Indian 
     land in which unemployment rates exceed 50 percent;
       (10) the lack of telecommunications infrastructure and low 
     telephone and Internet penetration rates adversely affects 
     the ability of Indian tribes to pursue economic development 
     opportunities; and
       (11) primary, secondary, and postsecondary education, job 
     training, health care, disease prevention education, and 
     cultural preservation are greatly enhanced with access to and 
     use of telecommunications technology and electronic 
     information.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to promote affordable and universal access among Indian 
     tribal governments, tribal entities, reservation-based 
     schools, tribal colleges and universities, and Indian 
     households to telecommunications and information technology 
     in Indian country;
       (2) to encourage and promote tribal economic development, 
     self-sufficiency, and strong tribal governments;
       (3) to enhance the health of Indian tribal members through 
     the availability and use of telemedicine and telehealth;
       (4) to improve the quality of kindergarten, primary, 
     secondary, postsecondary, and job-related training, through 
     enhanced and sustained information technology infrastructure; 
     and
       (5) to assist in the retention and preservation of native 
     languages and cultural traditions.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Block grant.--The term ``block grant'' means a grant 
     provided under section 5.
       (2) Eligible activity.--The term ``eligible activity'' 
     means an activity carried out--
       (A) to acquire or lease real property (including licensed 
     spectrum, water rights, dark fiber, exchanges, and other 
     related interests) to provide telecommunications services, 
     facilities, and improvements;
       (B) to acquire, construct, reconstruct, or install 
     telecommunications facilities, sites, improvements (including 
     design features), or utilities;
       (C) to retain any real property acquired under this Act for 
     tribal communications purposes;
       (D) to pay the non-Federal share required by a Federal 
     grant program undertaken as part of activities funded under 
     this Act;
       (E) to carry out activities necessary--
       (i) to develop a comprehensive telecommunications 
     development plan; and
       (ii) to develop a policy, planning, and management capacity 
     so that an eligible entity can more rationally and 
     effectively--

       (I) determine the needs of the entity;
       (II) set long term and short term goals;
       (III) devise programs and activities to meet the goals of 
     the entity, including, if appropriate, telehealth;
       (IV) evaluate the progress of the programs and activities 
     in meeting the goals of the entity; and
       (V) carry out management, coordination, and monitoring of 
     activities necessary for effective planning implementation;

       (F) to pay reasonable administrative costs and carrying 
     charges related to the planning and execution of 
     telecommunications development activities, including the 
     provision of information and resources about the planning and 
     execution of the activities to residents of areas in which 
     telecommunications development activities are to be 
     concentrated;
       (G) to increase the capacity of an eligible entity to carry 
     out telecommunications activities, including the development 
     of telecommunications regulations and related regulatory 
     matters;
       (H) to provide assistance to institutions of higher 
     education (including tribal colleges and universities) that 
     have a demonstrated capacity to carry out eligible 
     activities;
       (I) to enable an eligible entity to facilitate 
     telecommunications development by--
       (i) providing technical assistance, advice, and business 
     support services (including services for developing business 
     plans, securing funding, and conducting marketing); and
       (ii) providing general support (including peer support 
     programs and mentoring programs) to Indian tribes in 
     developing telecommunications projects;
       (J) to evaluate eligible activities to ascertain and 
     promote effective telecommunications and information 
     technology deployment practices and usages among Indian 
     tribes; or
       (K) to provide research, analysis, data collection, data 
     organization, and dissemination of information relevant to 
     telecommunications and information technology in Indian 
     country for the purpose of promoting effective 
     telecommunications and information technology deployment 
     practices and usages among tribes.
       (3) Eligible entity.--The term ``eligible entity'' means--
       (A) an Indian tribe or consortium of Indian tribes;
       (B) a tribally chartered organization; or
       (C) an Indian organization, intertribal organization, 
     tribal college or university, or a private or public 
     institution of higher education acting under an agreement 
     with an Indian tribe.
       (4) Indian tribe.--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. 450b).
       (5) Information technology.--
       (A) In general.--The term ``information technology'' means 
     any equipment or interconnected system or subsystem of 
     equipment that is used in the automatic acquisition, storage, 
     analysis, evaluation, manipulation, management, movement, 
     control, display, switching, interchange, transmission, or 
     reception of data or information.
       (B) Inclusions.--The term ``information technology'' 
     includes computers, ancillary equipment (including imaging 
     peripherals, input, output, and storage devices necessary for 
     security and surveillance), peripheral equipment designed to 
     be controlled by the central processing unit of a computer, 
     software, firmware and similar procedures, services 
     (including support services), and related resources.
       (6) Planning.--The term ``planning'' means community-based 
     planning developed in consultation with the local community 
     based on the needs of the local community.
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (8) Technical assistance.--The term ``technical 
     assistance'' means the facilitation of skills and knowledge 
     in planning, developing, assessing, and administering 
     eligible activities.
       (9) Training and technical assistance grant.--The term 
     ``training and technical assistance grant'' means a grant 
     provided under section 6.
       (10) Tribal college or university.--The term ``tribal 
     college or university'' has the meaning given the term 
     ``tribally controlled college or university'' in section 2 of 
     the Tribally Controlled Community College Assistance Act of 
     1978 (25 U.S.C. 1801), except that the term includes an 
     institution listed in the Equity in Educational Land-Grant 
     Status Act of 1994 (7 U.S.C. 301 note).
       (11) Telehealth.--The term ``telehealth'' means the use of 
     electronic information and telecommunications technologies to 
     support long-distance clinical health care, patient and 
     professional health-related education, public health, and 
     health administration.

     SEC. 5. BLOCK GRANT PROGRAM.

       (a) Establishment.--There is established within the 
     National Telecommunications and Information Administration a 
     Native American telecommunications block grant program to 
     provide grants on a competitive basis to eligible entities to 
     carry out activities under subsection (c).
       (b) Block Grants.--The Secretary may provide a block grant 
     to an eligible entity that submits a block grant application 
     to the Secretary for approval.
       (c) Eligible Activities.--A grant under this section may 
     only be used for an eligible activity.
       (d) Regulations.--Not later than 180 days after the date of 
     enactment of this Act, the

[[Page S2152]]

     Secretary shall promulgate regulations establishing specific 
     criteria for the competition conducted to select eligible 
     entities to receive grants under this section for each fiscal 
     year.

     SEC. 6. TRAINING AND TECHNICAL ASSISTANCE GRANTS.

       (a) Notification and Criteria.--The Secretary--
       (1) shall provide notice of the availability of training 
     and technical assistance grants; and
       (2) publish criteria for selecting recipients.
       (b) Grants.--The Secretary may provide training and 
     technical assistance grants to eligible entities with a 
     demonstrated capacity to carry out eligible activities.
       (c) Use of Funds.--A training and technical assistance 
     grant shall be used--
       (1) to develop a training program to facilitate local use 
     and maintenance of new telecommunications technologies;
       (2) to develop and implement--
       (A) telecommunications and information technology work 
     study programs; and
       (B) postsecondary telecommunications and information 
     technology-related education, development, planning, and 
     management programs;
       (3) to develop a training program for telecommunications 
     employees; or
       (4) to provide assistance to students who--
       (A) participate in telecommunications or information 
     technology work study programs; and
       (B) are enrolled in a full-time graduate or undergraduate 
     program in telecommunications-related education, development, 
     planning, or management.
       (d) Setaside.--
       (1) In general.--For each fiscal year, the Secretary shall 
     set aside 10 percent of the amount made available under 
     section 12 for training and technical assistance grants, to 
     remain available until expended.
       (2) Treatment.--A training and technical assistance grant 
     to an entity shall be in addition to any block grant provided 
     to the entity.
       (e) Provision of Technical Assistance by the Secretary.--
     The Secretary may provide technical assistance, directly or 
     through contracts, to--
       (1) eligible entities; and
       (2) persons or entities that assist tribal governments.

     SEC. 7. COMPLIANCE.

       (a) Audit by the Comptroller General.--
       (1) In general.--The Comptroller General of the United 
     States may audit any financial transaction involving grant 
     funds that is carried out by a block grant recipient or 
     training and technical assistance grant recipient.
       (2) Scope of authority.--In conducting an audit under 
     paragraph (1), the Comptroller General shall have access to 
     all books, accounts, records, reports, files, and other 
     papers, things, or property belonging to or in use by the 
     grant recipient that relate to the financial transaction and 
     are necessary to facilitate the audit.
       (b) Environmental Protection.--
       (1) In general.--After consultation with Indian tribes, the 
     Secretary may promulgate regulations to carry out this 
     subsection that--
       (A) ensure that the policies of the National Environmental 
     Policy Act of 1969 (42 U.S.C. 4321 et seq.), and other laws 
     that further the purposes of that Act (as specified by the 
     regulations), are most effectively implemented in connection 
     with the expenditure of funds under this Act; and
       (B) assure the public of undiminished protection of the 
     environment.
       (2) Substitute measures.--Subject to paragraph (3), the 
     Secretary may provide for the release of funds under this Act 
     for eligible activities to grant recipients that assume all 
     of the responsibilities for environmental review, 
     decisionmaking, and related action under the National 
     Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
     and other laws that further the purposes of that Act (as 
     specified by the regulations promulgated under paragraph 
     (1)), that would apply to the Secretary if the Secretary 
     carried out the eligible activities as Federal projects.
       (3) Release.--
       (A) In general.--The Secretary shall approve the release of 
     funds under paragraph (2) if, at least 15 days prior to 
     approval, the grant recipient submits to the Secretary a 
     request for release accompanied by a certification that meets 
     the requirements of paragraph (4).
       (B) Approval.--The approval by the Secretary of a 
     certification shall be deemed to satisfy the responsibilities 
     of the Secretary under the National Environmental Policy Act 
     of 1969 (42 U.S.C. 4321 et seq.) and the laws specified by 
     the regulations promulgated under paragraph (1), to the 
     extent that those responsibilities relate to the release of 
     funds for projects described in the certification.
       (4) Certification.--A certification shall--
       (A) be in a form acceptable to the Secretary;
       (B) be executed by the tribal government;
       (C) specify that the grant recipient has fully assumed the 
     responsibilities described in paragraph (2); and
       (D) specify that the tribal officer--
       (i) assumes the status of a responsible Federal official 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.) and each law specified by the 
     regulations promulgated under paragraph (1), to the extent 
     that the provisions of that Act or law apply; and
       (ii) is authorized to consent, and consents, on behalf of 
     the grant recipient and on behalf of the tribal officer to 
     accept the jurisdiction of the Federal courts for enforcement 
     of the responsibilities of the tribal officer as a 
     responsible Federal official.

     SEC. 8. REMEDIES FOR NONCOMPLIANCE.

       (a) Failure to Comply.--If the Secretary finds, on the 
     record after opportunity for an agency hearing, that a block 
     grant recipient or training and technical assistance grant 
     recipient has failed to comply substantially with any 
     provision of this Act, the Secretary, until satisfied that 
     there is no longer a failure to comply, shall--
       (1) terminate payments to the grant recipient;
       (2) reduce payments to the grant recipient by an amount 
     equal to the amount of payments that were not expended in 
     accordance with this Act;
       (3) limit the availability of payments under this Act to 
     programs, projects, or activities not affected by the failure 
     to comply; or
       (4) refer the matter to the Attorney General with a 
     recommendation that the Attorney General bring an appropriate 
     civil action.
       (b) Action by the Attorney General.--After a referral by 
     the Secretary under subsection (a)(4), the Attorney General 
     may bring a civil action in United States district court for 
     appropriate relief (including mandatory relief, injunctive 
     relief, and recovery of the amount of the assistance provided 
     under this Act that was not expended in accordance with this 
     Act).

     SEC. 9. REPORTING REQUIREMENTS.

       (a) Annual Report to Congress.--Not later than 180 days 
     after the end of each fiscal year in which assistance under 
     this Act is provided, the Secretary shall submit to Congress 
     a report that includes--
       (1) a description of the progress made in accomplishing the 
     objectives of this Act;
       (2) a summary of the use of funds under this Act during the 
     preceding fiscal year; and
       (3) an evaluation of the status of telephone, Internet, and 
     personal computer penetration rates, by type of technology, 
     among Indian households throughout Indian country on a tribe-
     by-tribe basis.
       (b) Reports to Secretary.--The Secretary may require grant 
     recipients under this Act to submit reports and other 
     information necessary for the Secretary to prepare the report 
     under subsection (a).

     SEC. 10. CONSULTATION.

       In carrying out this Act, the Secretary shall consult 
     with--
       (1) other Federal agencies administering Federal grant 
     programs relating to the development of telecommunications 
     capacities or infrastructure; and
       (2) the Government Accountability Office and Indian tribes 
     to determine the proportion of grant funds necessary to 
     address training and technical assistance and eligible 
     activity needs.

     SEC. 11. HISTORIC PRESERVATION REQUIREMENTS.

       A telecommunications project funded under this Act shall 
     comply with the National Historic Preservation Act (16 U.S.C. 
     470 et seq.) and the Native American Graves Protection and 
     Repatriation Act (25 U.S.C. 3001 et seq.).

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this Act--
       (1) $20,000,000 for fiscal year 2006; and
       (2) such sums as are necessary for each subsequent fiscal 
     year.
       (b) Availability.--Funds made available under subsection 
     (a) shall remain available until expended.
                                 ______