II 

117TH CONGRESS 

2D SESSION S. 5001 

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 28, 2022 

Mr. HEINRICH (for himself, Mr. HOEVEN, and Mr. LUJA ́N) 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Tribal Connect Act 

5 of 2022’’. 


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1 SEC. 2. TRIBAL ESSENTIAL COMMUNITY-SERVING INSTITU2 TIONS AND UNIVERSAL SERVICE SUPPORT. 

3 Section 254 of the Communications Act of 1934 (47 

4 U.S.C. 254) is amended— 

5 (1) in subsection (h)(4), by inserting ‘‘, except 

6 as provided in subsection (m)(2)(C),’’ before ‘‘is a li7 brary or library consortium’’; and 

8 (2) by adding at the end the following: 

9 ‘‘(m) TRIBAL ESSENTIAL COMMUNITY-SERVING IN10 STITUTIONS AND UNIVERSAL SERVICE SUPPORT.— 

11 ‘‘(1) DEFINITIONS.—In this subsection— 

12 ‘‘(A) the term ‘broadband internet access 

13 service’ has the meaning given the term in sec14 tion 8.1(b) of title 47, Code of Federal Regula15 tions (or any successor regulation); 

16 ‘‘(B) the term ‘E-rate program’ means the 

17 universal service support mechanism for schools 

18 and libraries authorized under subsection 

19 (h)(1)(B), the rules of which are set forth 

20 under subpart F of part 54 of title 47, Code of 

21 Federal Regulations (or any successor regula22 tions), as authorized under subsection 

23 (h)(2)(A); 

24 ‘‘(C) the term ‘essential community-serving 

25 institution’ means a facility exclusively owned 

26 by an Indian Tribe, including— 


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1 ‘‘(i) a Tribal government building, 

2 chapter house, longhouse, community cen3 ter, senior center, or after-school facility; 

4 or 

5 ‘‘(ii) any other public building similar 

6 to a building described in clause (i); 

7 ‘‘(D) the term ‘High-Cost Program’ means 

8 the program under which universal service sup9 port is awarded in high-cost areas in accord10 ance with subpart D of part 54 of title 47, 

11 Code of Federal Regulations (or any successor 

12 regulations), as authorized under subsection (e); 

13 and 

14 ‘‘(E) the term ‘Indian Tribe’ has the 

15 meaning given the term ‘Indian tribe’ in section 

16 20.100 of title 25, Code of Federal Regulations 

17 (or any successor regulation). 

18 ‘‘(2) TRIBAL ESSENTIAL COMMUNITY-SERVING

19 INSTITUTION PILOT PROGRAM.— 

20 ‘‘(A) IN GENERAL.—Not later than 180 

21 days after the date of enactment of the Tribal 

22 Connect Act of 2022, the Commission, in con23 sultation with the Institute of Museum and Li24 brary Services and any other agency with rel25 evant responsibilities, shall establish, as part of 


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1 the universal service support programs carried 

2 out under this section, either as part of the 

3 High-Cost Program or as a standalone uni4 versal service pilot program, a pilot program to 

5 be known as the ‘Tribal Essential Community6 Serving Institution Program’— 

7 ‘‘(i) under which the Commission 

8 shall— 

9 ‘‘(I) provide an opportunity for 

10 Indian Tribes to request broadband 

11 internet access service at essential 

12 community-serving institutions located 

13 on Tribal land; and 

14 ‘‘(II) authorize support for the 

15 development of infrastructure to pro16 vide the services requested under sub17 clause (I) in a manner similar to the 

18 deployment supported under the 

19 High-Cost Program; and 

20 ‘‘(ii) which shall remain in effect 

21 through the end of fiscal year 2025. 

22 ‘‘(B) ELIGIBILITY.—Universal service sup23 port obtained under this paragraph shall only 

24 be available if the applicable essential commu25 nity-serving institution intends to deliver pubVerDate Sep 11 2014 15:42 Oct 07, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S5001.IS S5001

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1 licly available broadband internet access service 

2 and telecommunications services to students, 

3 teachers, librarians, and members of the com4 munity. 

5 ‘‘(C) ELIGIBILITY FOR SUPPORT AFTER

6 THE DEMONSTRATION PROGRAM.—An essential 

7 community-serving institution that receives uni8 versal service support under this paragraph 

9 shall, after the conclusion of the pilot program 

10 described in subparagraph (A), be eligible for 

11 universal service support through existing (as of 

12 the date on which that pilot program concludes) 

13 and future universal service fund programs. 

14 ‘‘(D) USE OF CONTRIBUTIONS.—Of 

15 amounts collected under subsection (d), not 

16 more than $300,000,000 shall be made avail17 able to carry out the pilot program described in 

18 subparagraph (A). 

19 ‘‘(3) TRAINING AND TECHNICAL ASSISTANCE

20 FOR INDIAN TRIBES AND ESSENTIAL COMMUNITY21 SERVING INSTITUTIONS.— 

22 ‘‘(A) TECHNICAL ASSISTANCE; ANNUAL

23 REPORTS.— 

24 ‘‘(i) IN GENERAL.—The Commission 

25 shall— 


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1 ‘‘(I) direct the administrator of 

2 the universal service support pro3 grams under this section to— 

4 ‘‘(aa) provide technical as5 sistance to ensure that Indian 

6 Tribes can participate fully and 

7 effectively in the universal service 

8 programs, including the E-rate 

9 program, including by con10 ducting— 

11 ‘‘(AA) outreach efforts 

12 targeted to Tribal schools 

13 and libraries, essential com14 munity-serving institutions, 

15 and Indian Tribes that do 

16 not have schools and librar17 ies to promote awareness of 

18 the E-rate program and the 

19 demonstration programs; 

20 and 

21 ‘‘(BB) specific training 

22 programs for Tribal schools 

23 and libraries, essential com24 munity-serving institutions, 

25 and Indian Tribes; and 


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1 ‘‘(bb) submit to the Com2 mission an annual report regard3 ing the provision of the technical 

4 assistance required under item 

5 (aa) during the year covered by 

6 the report; and 

7 ‘‘(II) submit each annual report 

8 received under subclause (I)(bb) to— 

9 ‘‘(aa) the Committee on 

10 Commerce, Science, and Trans11 portation of the Senate; 

12 ‘‘(bb) the Committee on In13 dian Affairs of the Senate; 

14 ‘‘(cc) the Committee on En15 ergy and Commerce of the House 

16 of Representatives; and 

17 ‘‘(dd) the Committee on 

18 Natural Resources of the House 

19 of Representatives. 

20 ‘‘(ii) AUTHORIZATION OF APPROPRIA21 TIONS.—There are authorized to be appro22 priated $25,000,000 to provide the tech23 nical assistance required under clause 

24 (i)(I)(aa) for fiscal years 2023 through 

25 2026. 


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1 ‘‘(B) REVIEW OF ANNUAL REPORTS.—The 

2 Commission shall— 

3 ‘‘(i) review each annual report re4 ceived under subparagraph (A)(i)(I)(bb) to 

5 determine whether additional steps are 

6 necessary to ensure that Indian Tribes can 

7 participate fully and effectively in the uni8 versal service programs, including the E9 rate program, so that all students who are 

10 members of Indian Tribes can have access 

11 to robust, high-speed broadband internet 

12 access service connections; and 

13 ‘‘(ii) in conducting a review required 

14 under clause (i), consider the resources 

15 available to Tribal members through the 

16 entity responsible for administering the 

17 universal service programs established 

18 under this section. 

19 ‘‘(C) GRANTS.— 

20 ‘‘(i) IN GENERAL.—The Institute of 

21 Museum and Library Services, in coordina22 tion with the Commission and the entity 

23 responsible for administering the universal 

24 service programs established under this 

25 section, shall make direct grants to essenVerDate Sep 11 2014 15:42 Oct 07, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S5001.IS S5001

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1 tial community-serving institutions and In2 dian Tribes for technical assistance initia3 tives regarding the application process for 

4 the E-rate program and the pilot program 

5 established under paragraph (2). 

6 ‘‘(ii) AUTHORIZATION OF APPROPRIA7 TIONS.—There are authorized to be appro8 priated $25,000,000 to make the grants 

9 described in clause (i). 

10 ‘‘(4) COORDINATION AND PERFORMANCE MEAS11 UREMENT.—The Commission shall— 

12 ‘‘(A) improve the reliability of the data of 

13 the Commission relating to institutions that re14 ceive universal service support by defining the 

15 term ‘Tribal’ on the application for any such 

16 support; 

17 ‘‘(B) develop performance goals and meas18 ures to track progress on achieving the stra19 tegic objective of the Commission of ensuring 

20 that all Indian Tribes have affordable access to 

21 broadband internet access service for edu22 cational purposes for students, teachers, librar23 ians, and members of the community; 


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1 ‘‘(C) in coordination with the Institute of 

2 Museum and Library Services, identify, in the 

3 United States, all— 

4 ‘‘(i) Tribal libraries; 

5 ‘‘(ii) developing Tribal libraries; and 

6 ‘‘(iii) Indian Tribes without adequate 

7 library services; and 

8 ‘‘(D) not later than 2 years after the date 

9 of enactment of the Tribal Connect Act of 

10 2022, submit to Congress and make public a 

11 report on the goals and measures developed 

12 under subparagraph (B) and the list of libraries 

13 and Indian Tribes identified under subpara14 graph (C). 

15 ‘‘(n) APPOINTMENT OF TRIBAL MEMBER; EXPAN16 SION OF OFFICE.—Not later than 180 days after the date 

17 of enactment of the Tribal Connect Act of 2022, the Com18 mission shall require the entity responsible for admin19 istering the universal service programs established under 

20 this section to— 

21 ‘‘(1) appoint a member of an Indian Tribe, as 

22 defined in subsection (m)(1), to the board of direc23 tors of that entity; and 


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1 ‘‘(2) create or expand the office of that entity 

2 dealing with matters affecting Indian Tribes, as de3 fined in subsection (m)(1).’’. 

Æ 


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