I 

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. BARRAGA ́N, Mr. TONKO, Mr. MCNERNEY, Ms. 

LEGER FERNANDEZ, Mr. CA ́RDENAS, 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. 

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 ‘‘Connect America Act 

5 of 2021’’. 


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1 SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED 

2 AREAS AND AREAS WITH LOW-TIER OR MID3 TIER SERVICE. 

4 (a) IN GENERAL.—Title VII of the Communications 

5 Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding 

6 at the end the following new section: 

7 ‘‘SEC. 723. EXPANSION OF BROADBAND ACCESS IN 

8 UNSERVED AREAS AND AREAS WITH LOW9 TIER OR MID-TIER SERVICE. 

10 ‘‘(a) PROGRAM ESTABLISHED.—Not later than 180 

11 days after the date of the enactment of this section, the 

12 Commission, in consultation with the Assistant Secretary, 

13 shall establish a program to expand access to broadband 

14 service for unserved areas, areas with low-tier service, 

15 areas with mid-tier service, and unserved anchor institu16 tions in accordance with the requirements of this section 

17 that— 

18 ‘‘(1) is separate from any universal service pro19 gram established pursuant to section 254; and 

20 ‘‘(2) does not require funding recipients to be 

21 designated as eligible telecommunications carriers 

22 under section 214(e). 

23 ‘‘(b) USE OF PROGRAM FUNDS.— 

24 ‘‘(1) EXPANDING ACCESS TO BROADBAND SERV25 ICE THROUGH NATIONAL SYSTEM OF COMPETITIVE

26 BIDDING.—Not later than 18 months after the date 


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1 of the enactment of this section, the Commission 

2 shall award 75 percent of the amounts appropriated 

3 under subsection (g) through national systems of 

4 competitive bidding to funding recipients only to ex5 pand access to broadband service in unserved areas 

6 and areas with low-tier service. 

7 ‘‘(2) EXPANDING ACCESS TO BROADBAND SERV8 ICE THROUGH STATES.— 

9 ‘‘(A) DISTRIBUTION OF FUNDS TO

10 STATES.—Not later than 255 days after the 

11 date of the enactment of this section, the Com12 mission shall distribute 25 percent of the 

13 amounts appropriated under subsection (g) 

14 among the States, as follows: 

15 ‘‘(i) $100,000,000 shall be distributed 

16 to each of the 50 States, the District of 

17 Columbia, and Puerto Rico. 

18 ‘‘(ii) $100,000,000 shall be allocated 

19 equally among and distributed to the 

20 United States Virgin Islands, Guam, 

21 American Samoa, the Commonwealth of 

22 the Northern Mariana Islands, the Repub23 lic of the Marshall Islands, the Federated 

24 States of Micronesia, and the Republic of 

25 Palau. 


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1 ‘‘(iii) The remainder shall be allocated 

2 among and distributed to the entities de3 scribed in clause (i), in proportion to the 

4 population of each such entity. 

5 ‘‘(B) PUBLIC NOTICE.—Not later than 195 

6 days after the date of the enactment of this sec7 tion, the Commission shall issue a public notice 

8 informing each State and the public of the 

9 amounts to be distributed under this para10 graph. The notice shall include— 

11 ‘‘(i) the manner in which a State shall 

12 inform the Commission of that State’s ac13 ceptance or acceptance in part of the 

14 amounts to be distributed under this para15 graph; 

16 ‘‘(ii) the date (which is 30 days after 

17 the date on which the public notice is 

18 issued) by which such acceptance or ac19 ceptance in part is due; and 

20 ‘‘(iii) the requirements as set forth 

21 under this section and as may be further 

22 prescribed by the Commission. 

23 ‘‘(C) ACCEPTANCE BY STATES.—Not later 

24 than 30 days after the date on which a public 

25 notice is issued under subparagraph (B), each 


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1 State accepting amounts to be distributed 

2 under this paragraph shall inform the Commis3 sion of the acceptance or acceptance in part by 

4 the State of the amounts to be distributed 

5 under this paragraph in the manner described 

6 by the Commission in the public notice. 

7 ‘‘(D) REQUIREMENTS FOR STATE RECEIPT

8 OF AMOUNTS DISTRIBUTED.—Each State ac9 cepting amounts distributed under this para10 graph— 

11 ‘‘(i) shall only award such amounts 

12 through statewide systems of competitive 

13 bidding, in the manner prescribed by the 

14 State but subject to the requirements as 

15 set forth under this section and as may be 

16 further prescribed by the Commission; 

17 ‘‘(ii) shall make such awards only— 

18 ‘‘(I) to funding recipients to ex19 pand access to broadband service in 

20 unserved areas and areas with low-tier 

21 service; 

22 ‘‘(II) to funding recipients to ex23 pand access to broadband service to 

24 unserved anchor institutions; or 


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1 ‘‘(III) to funding recipients to ex2 pand access to broadband service in 

3 areas with mid-tier service, but only if 

4 a State does not have, or no longer 

5 has, any unserved areas or areas with 

6 low-tier service; 

7 ‘‘(iii) shall conduct separate systems 

8 of competitive bidding for awards made to 

9 unserved anchor institutions under clause 

10 (ii)(II), if a State awards any amounts dis11 tributed under this paragraph to unserved 

12 anchor institutions; 

13 ‘‘(iv) shall return any unused portion 

14 of amounts distributed under this para15 graph to the Commission within 10 years 

16 after the date of the enactment of this sec17 tion and shall submit a certification to the 

18 Commission before receiving such amounts 

19 that the State will return such amounts; 

20 and 

21 ‘‘(v) may not use more than 5 percent 

22 of the amounts distributed under this 

23 paragraph to administer a system or sys24 tems of competitive bidding authorized by 

25 this paragraph. 


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1 ‘‘(3) FEDERAL AND STATE COORDINATION.— 

2 The Commission, in consultation with the Office of 

3 Internet Connectivity and Growth, shall establish 

4 processes through the rulemaking under subsection 

5 (e) to— 

6 ‘‘(A) permit a State to elect for the Com7 mission to conduct statewide systems of com8 petitive bidding on behalf of such State as part 

9 of, or in coordination with, national systems of 

10 competitive bidding; 

11 ‘‘(B) assist States in conducting statewide 

12 systems of competitive bidding; 

13 ‘‘(C) ensure that program funds awarded 

14 by the Commission and program funds awarded 

15 by the States are not used in the same areas; 

16 and 

17 ‘‘(D) ensure that program funds and funds 

18 awarded through other Federal programs to ex19 pand broadband service with a download speed 

20 of at least 100 megabits per second, an upload 

21 speed of at least 100 megabits per second, and 

22 latency that is sufficiently low to allow multiple, 

23 simultaneous, real-time, interactive applications, 

24 are not used in the same areas. 

25 ‘‘(c) PROGRAM REQUIREMENTS.— 


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1 ‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 

2 The entity administering a system of competitive 

3 bidding (either a State or the Commission) in mak4 ing awards may not favor a project using any par5 ticular technology. 

6 ‘‘(2) GIGABIT PERFORMANCE FUNDING.—The 

7 Commission shall reserve 20 percent of the amounts 

8 to be awarded by the Commission under subsection 

9 (b)(1), and each State shall reserve 20 percent of 

10 the amounts distributed to such State under sub11 section (b)(2), for bidders committing (with respect 

12 to any particular project by such a bidder) to offer, 

13 not later than the date that is 4 years after the date 

14 on which funding is provided under this section for 

15 such project— 

16 ‘‘(A) broadband service with a download 

17 speed of at least 1 gigabit per second, an 

18 upload speed of at least 1 gigabit per second, 

19 and latency that is sufficiently low to allow mul20 tiple, simultaneous, real-time, interactive appli21 cations; or 

22 ‘‘(B) in the case of a project to provide 

23 broadband service to an unserved anchor insti24 tution, broadband service with a download 

25 speed of at least 10 gigabits per second per 


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1 1,000 users, an upload speed of at least 10 gig2 abits per second per 1,000 users, and latency 

3 that is sufficiently low to allow multiple, simul4 taneous, real-time, interactive applications. 

5 ‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC6 ESS.—The entity administering a system of competi7 tive bidding (either a State or the Commission) shall 

8 structure the system of competitive bidding process 

9 to— 

10 ‘‘(A) first hold a system of competitive bid11 ding only for bidders committing (with respect 

12 to any particular project by such a bidder) to 

13 offer, not later than the date that is 4 years 

14 after the date on which funding is provided 

15 under this section for such project— 

16 ‘‘(i) broadband service with a 

17 download speed of at least 1 gigabit per 

18 second, an upload speed of at least 1 gig19 abit per second, and latency that is suffi20 ciently low to allow multiple, simultaneous, 

21 real-time, interactive applications; or 

22 ‘‘(ii) in the case of a project to pro23 vide broadband service to an unserved an24 chor institution, broadband service with a 

25 download speed of at least 10 gigabits per 


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1 second per 1,000 users, an upload speed of 

2 at least 10 gigabits per second per 1,000 

3 users, and latency that is sufficiently low 

4 to allow multiple, simultaneous, real-time, 

5 interactive applications; and 

6 ‘‘(B) after holding the system of competi7 tive bidding required by subparagraph (A), hold 

8 one or more systems of competitive bidding, in 

9 areas not receiving awards under subparagraph 

10 (A), to award funds for projects in areas that 

11 are estimated to remain unserved areas, areas 

12 with low-tier service, or (to the extent permitted 

13 under this section) areas with mid-tier service, 

14 or (to the extent permitted under this section) 

15 for projects to offer broadband service to an16 chor institutions that are estimated to remain 

17 unserved anchor institutions, after the comple18 tion of the projects for which funding is award19 ed under the system of competitive bidding re20 quired by subparagraph (A) or any previous 

21 system of competitive bidding under this sub22 paragraph. 

23 ‘‘(4) FUNDS PRIORITY PREFERENCE.—There 

24 shall be a preference in a system of competitive bid25 ding for projects that would expand access to 


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1 broadband service in areas where at least 90 percent 

2 of the population has no access to broadband service 

3 or does not have access to broadband service offered 

4 with a download speed of at least 25 megabits per 

5 second, with an upload speed of at least 3 megabits 

6 per second, and with latency that is sufficiently low 

7 to allow multiple, simultaneous, real-time, interactive 

8 applications. Such projects shall be given priority in 

9 such system of competitive bidding over all other 

10 projects, regardless of how many preferences under 

11 paragraph (5) for which such other projects qualify. 

12 ‘‘(5) FUNDS PREFERENCE.—There shall be a 

13 preference in a system of competitive bidding, as de14 termined by the entity administering the system of 

15 competitive bidding (either a State or the Commis16 sion), for any of the following projects: 

17 ‘‘(A) Projects with at least 20 percent 

18 matching funds from non-Federal sources. 

19 ‘‘(B) Projects that would expand access to 

20 broadband service on Tribal lands, as defined 

21 by the Commission. 

22 ‘‘(C) Projects that would provide 

23 broadband service with higher speeds than 

24 those specified in subsection (d)(2), except in 


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1 the case of funds awarded under subparagraph 

2 (A) of paragraph (3). 

3 ‘‘(D) Projects that would expand access to 

4 broadband service in advance of the time speci5 fied in subsection (e)(5), except in the case of 

6 funds awarded under subparagraph (A) of 

7 paragraph (3). 

8 ‘‘(E) Projects that would expand access to 

9 broadband service to persistent poverty counties 

10 or high-poverty areas at subsidized rates. 

11 ‘‘(F) Projects that, at least until the date 

12 that is 10 years after the date of the enactment 

13 of this section, would provide broadband service 

14 with comparable speeds to those provided in 

15 areas that, on the day before such date of en16 actment, were not unserved areas, areas with 

17 low-tier service, or areas with mid-tier service, 

18 with minimal future investment. 

19 ‘‘(G) Projects with support from the local 

20 community, demonstrated by at least one letter 

21 of support from local elected officials in the 

22 community. 

23 ‘‘(H) Projects that would provide for the 

24 deployment of open-access broadband service 

25 networks. 


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1 ‘‘(6) UNSERVED AREAS AND AREAS WITH LOW2 TIER OR MID-TIER SERVICE.—In determining wheth3 er an area is an unserved area, an area with low4 tier service, or an area with mid-tier service or 

5 whether an anchor institution is an unserved anchor 

6 institution for any system of competitive bidding au7 thorized under this section, the Commission shall 

8 implement the following requirements through the 

9 rulemaking described in subsection (e): 

10 ‘‘(A) DATA FOR INITIAL DETERMINA11 TION.—To make an initial determination as to 

12 whether an area is an unserved area, an area 

13 with low-tier service, or an area with mid-tier 

14 service or whether an anchor institution is an 

15 unserved anchor institution, the Commission 

16 shall— 

17 ‘‘(i) use the most accurate and granu18 lar data on the map created by the Com19 mission under section 802(c)(1)(B); 

20 ‘‘(ii) refine the data described in 

21 clause (i) by using— 

22 ‘‘(I) other data on access to 

23 broadband service obtained or pur24 chased by the Commission; 


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1 ‘‘(II) other publicly available data 

2 or information on access to broadband 

3 service; and 

4 ‘‘(III) other publicly available 

5 data or information on State 

6 broadband service deployment pro7 grams; and 

8 ‘‘(iii) not determine an area is not an 

9 unserved area, an area with low-tier serv10 ice, or an area with mid-tier service, on the 

11 basis that one location within such area 

12 does not meet the definition of an unserved 

13 area, an area with low-tier service, or an 

14 area with mid-tier service. 

15 ‘‘(B) INITIAL DETERMINATION.—The 

16 Commission shall make an initial determination 

17 of the areas that are unserved areas, areas with 

18 low-tier service, and areas with mid-tier service 

19 and which anchor institutions are unserved an20 chor institutions not later than 270 days after 

21 the date of the enactment of this section. 

22 ‘‘(C) CHALLENGE OF DETERMINATION.— 

23 ‘‘(i) IN GENERAL.—The Commission 

24 shall provide for a process for challenging 

25 any initial determination regarding whethVerDate Sep 11 2014 22:51 Apr 30, 2021 Jkt 019200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1672.IH H1672

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1 er an area is an unserved area, an area 

2 with low-tier service, or an area with mid3 tier service or whether an anchor institu4 tion is an unserved anchor institution that, 

5 at a minimum, provides not less than 45 

6 days for a person to voluntarily submit in7 formation concerning— 

8 ‘‘(I) the broadband service of9 fered in the area, or a commitment to 

10 offer broadband service in the area 

11 that is subject to legal sanction if not 

12 performed; or 

13 ‘‘(II) the broadband service of14 fered to the anchor institution. 

15 ‘‘(ii) STREAMLINED PROCESS.—The 

16 Commission shall ensure that such process 

17 is sufficiently streamlined such that a rea18 sonably prudent person may easily partici19 pate to challenge such initial determination 

20 with little burden on such person. 

21 ‘‘(D) FINAL DETERMINATION.—The Com22 mission shall make a final determination of the 

23 areas that are unserved areas, areas with low24 tier service, or areas with mid-tier service and 

25 which anchor institutions are unserved anchor 


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1 institutions within 1 year after the date of the 

2 enactment of this section. 

3 ‘‘(7) NOTICE, TRANSPARENCY, ACCOUNT4 ABILITY, AND OVERSIGHT REQUIRED.—The program 

5 shall contain sufficient notice, transparency, ac6 countability, and oversight measures to provide the 

7 public with notice of the assistance provided under 

8 this section, and to deter waste, fraud, and abuse of 

9 program funds. 

10 ‘‘(8) COMPETENCE.— 

11 ‘‘(A) STANDARDS.—The Commission shall 

12 establish, through the rulemaking described in 

13 subsection (e), objective standards to determine 

14 that each provider of broadband service seeking 

15 to participate in a system of competitive bid16 ding— 

17 ‘‘(i) is capable of carrying out the 

18 project in a competent manner in compli19 ance with all applicable Federal, State, and 

20 local laws; 

21 ‘‘(ii) has the financial capacity to 

22 meet the buildout obligations of the project 

23 and requirements as set forth under this 

24 section and as may be further prescribed 

25 by the Commission; and 


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1 ‘‘(iii) has the technical and oper2 ational capability to provide broadband 

3 services in the manner contemplated by the 

4 provider’s bid in the system of competitive 

5 bidding, including a detailed consideration 

6 of the provider’s prior performance in de7 livering services as contemplated in the bid 

8 and the capabilities of the provider’s pro9 posed network to deliver the contemplated 

10 services in the area in question. 

11 ‘‘(B) DETERMINATIONS REGARDING PRO12 VIDERS.—An entity administering a system of 

13 competitive bidding (either a State or the Com14 mission) may not permit a provider of 

15 broadband service to participate in the system 

16 of competitive bidding unless the entity first de17 termines, after notice and an opportunity for 

18 public comment, that the provider meets the 

19 standards established under subparagraph (A). 

20 ‘‘(9) CONTRACTING REQUIREMENTS.—All labor21 ers and mechanics employed by contractors or sub22 contractors in the performance of construction, al23 teration, or repair work carried out, in whole or in 

24 part, with assistance made available under this sec25 tion shall be paid wages at rates not less than those 


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1 prevailing on projects of a similar character in the 

2 locality as determined by the Secretary of Labor in 

3 accordance with subchapter IV of chapter 31 of title 

4 40, United States Code. With respect to the labor 

5 standards in this paragraph, the Secretary of Labor 

6 shall have the authority and functions set forth in 

7 Reorganization Plan Numbered 14 of 1950 (64 Stat. 

8 1267; 5 U.S.C. App.) and section 3145 of title 40, 

9 United States Code. 

10 ‘‘(10) RULE OF CONSTRUCTION REGARDING EN11 VIRONMENTAL LAWS.—Nothing in this section shall 

12 be construed to affect— 

13 ‘‘(A) the Clean Air Act (42 U.S.C. 7401 et 

14 seq.); 

15 ‘‘(B) the Federal Water Pollution Control 

16 Act (33 U.S.C. 1251 et seq.; commonly referred 

17 to as the ‘Clean Water Act’); 

18 ‘‘(C) the National Environmental Policy 

19 Act of 1969 (42 U.S.C. 4321 et seq.); 

20 ‘‘(D) the Endangered Species Act of 1973 

21 (16 U.S.C. 1531 et seq.); 

22 ‘‘(E) the Solid Waste Disposal Act (42 

23 U.S.C. 6901 et seq.; commonly referred to as 

24 the ‘Resource Conservation and Recovery Act’); 

25 or 


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1 ‘‘(F) any State or local law that is similar 

2 to a law listed in subparagraphs (A) through 

3 (E). 

4 ‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF

5 APPLICABLE FEDERAL LABOR AND EMPLOYMENT

6 LAWS.—The Commission shall refer any alleged vio7 lation of an applicable labor and employment law to 

8 the appropriate Federal agency for investigation and 

9 enforcement, and any alleged violation of paragraph 

10 (9) or (12) to the National Labor Relations Board 

11 for investigation and enforcement, utilizing all ap12 propriate remedies up to and including debarment 

13 from the program. 

14 ‘‘(12) LABOR ORGANIZATION.— 

15 ‘‘(A) IN GENERAL.—Notwithstanding the 

16 National Labor Relations Act (29 U.S.C. 151 

17 et seq.), subparagraphs (B) through (F) shall 

18 apply with respect to any funding recipient who 

19 is an employer and any labor organization who 

20 represents employees of a funding recipient. 

21 ‘‘(B) NEUTRALITY REQUIREMENT.—An 

22 employer shall remain neutral with respect to 

23 the exercise of employees and labor organiza24 tions of the right to organize and bargain under 


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1 the National Labor Relations Act (29 U.S.C. 

2 151 et seq.). 

3 ‘‘(C) COMMENCEMENT OF COLLECTIVE

4 BARGAINING.—Not later than 10 days after re5 ceiving a written request for collective bar6 gaining from a labor organization that has been 

7 newly recognized or certified as a representative 

8 under section 9(a) of the National Labor Rela9 tions Act (29 U.S.C. 159(a)), or within such 

10 further period as the parties agree upon, the 

11 parties shall meet and commence to bargain 

12 collectively and shall make every reasonable ef13 fort to conclude and sign a collective bargaining 

14 agreement. 

15 ‘‘(D) MEDIATION AND CONCILIATION FOR

16 FAILURE TO REACH A COLLECTIVE BARGAINING

17 AGREEMENT.— 

18 ‘‘(i) IN GENERAL.—If the parties have 

19 failed to reach an agreement before the 

20 date that is 90 days after the date on 

21 which bargaining is commenced under sub22 paragraph (C), or any later date agreed 

23 upon by both parties, either party may no24 tify the Federal Mediation and Conciliation 


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1 Service of the existence of a dispute and 

2 request mediation. 

3 ‘‘(ii) FEDERAL MEDIATION AND CON4 CILIATION SERVICE.—Whenever a request 

5 is received under clause (i), the Director of 

6 the Federal Mediation and Conciliation 

7 Service shall promptly communicate with 

8 the parties and use best efforts, by medi9 ation and conciliation, to bring them to 

10 agreement. 

11 ‘‘(E) TRIPARTITE ARBITRATION PANEL.— 

12 ‘‘(i) IN GENERAL.—If the Federal Me13 diation and Conciliation Service is not able 

14 to bring the parties to agreement by medi15 ation or conciliation before the date that is 

16 30 days after the date on which such medi17 ation or conciliation is commenced, or any 

18 later date agreed upon by both parties, the 

19 Service shall refer the dispute to a tri20 partite arbitration panel established in ac21 cordance with such regulations as may be 

22 prescribed by the Service, with one mem23 ber selected by the labor organization, one 

24 member selected by the employer, and one 


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1 neutral member mutually agreed to by the 

2 parties. 

3 ‘‘(ii) DISPUTE SETTLEMENT.—A ma4 jority of the tripartite arbitration panel 

5 shall render a decision settling the dispute 

6 and such decision shall be binding upon 

7 the parties for a period of two years, un8 less amended during such period by writ9 ten consent of the parties. Such decision 

10 shall be based on— 

11 ‘‘(I) the employer’s financial sta12 tus and prospects; 

13 ‘‘(II) the size and type of the em14 ployer’s operations and business; 

15 ‘‘(III) the employees’ cost of liv16 ing; 

17 ‘‘(IV) the employees’ ability to 

18 sustain themselves, their families, and 

19 their dependents on the wages and 

20 benefits they earn from the employer; 

21 and 

22 ‘‘(V) the wages and benefits that 

23 other employers in the same business 

24 provide their employees. 


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1 ‘‘(F) PROHIBITION ON SUBCONTRACTING

2 FOR CERTAIN PURPOSES.—A funding recipient 

3 may not engage in subcontracting for the pur4 pose of circumventing the terms of a collective 

5 bargaining agreement with respect to wages, 

6 benefits, or working conditions. 

7 ‘‘(G) PARTIES DEFINED.—In this para8 graph, the term ‘parties’ means a labor organi9 zation that is newly recognized or certified as a 

10 representative under section 9(a) of the Na11 tional Labor Relations Act (29 U.S.C. 159(a)) 

12 and the employer of the employees represented 

13 by such organization. 

14 ‘‘(d) PROJECT REQUIREMENTS.—Any project funded 

15 through the program shall meet the following require16 ments: 

17 ‘‘(1) The project shall adhere to quality-of-serv18 ice standards as established by the Commission. 

19 ‘‘(2) Except as provided in paragraphs (2) and 

20 (3) of subsection (c), the project shall offer 

21 broadband service with a download speed of at least 

22 100 megabits per second, an upload speed of at least 

23 100 megabits per second, and latency that is suffi24 ciently low to allow multiple, simultaneous, real-time, 

25 interactive applications. 


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1 ‘‘(3) The project shall offer broadband service 

2 at prices that are comparable to, or lower than, the 

3 prices charged for comparable levels of service in 

4 areas that were not unserved areas, areas with low5 tier service, or areas with mid-tier service on the day 

6 before the date of the enactment of this section. 

7 ‘‘(4) For any project that involves laying fiber8 optic cables along a roadway, the project shall in9 clude interspersed conduit access points at regular 

10 and short intervals. 

11 ‘‘(5) The project shall incorporate prudent cy12 bersecurity and supply chain risk management prac13 tices, as specified by the Commission through the 

14 rulemaking described in subsection (e), in consulta15 tion with the Director of the National Institute of 

16 Standards and Technology and the Assistant Sec17 retary. 

18 ‘‘(6) The project shall incorporate best prac19 tices, as defined by the Commission, for ensuring re20 liability and resiliency of the network during disas21 ters. 

22 ‘‘(7) Any funding recipient must agree to have 

23 the project meet the requirements established under 

24 section 224, as if the project were classified as a 

25 ‘utility’ under such section. The preceding sentence 


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1 shall not apply to those entities or persons excluded 

2 from the definition of the term ‘utility’ by the second 

3 sentence of subsection (a)(1) of such section. 

4 ‘‘(8) The project shall offer an affordable option 

5 for a broadband service plan under which broadband 

6 service is provided— 

7 ‘‘(A) with a download speed of at least 50 

8 megabits per second; 

9 ‘‘(B) with an upload speed of at least 50 

10 megabits per second; and 

11 ‘‘(C) with latency that is sufficiently low to 

12 allow multiple, simultaneous, real-time, inter13 active applications. 

14 ‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD

15 OF FUNDS.—Not later than 180 days after the date of 

16 the enactment of this section, the Commission, in con17 sultation with the Assistant Secretary, shall promulgate 

18 rules— 

19 ‘‘(1) that implement the requirements of this 

20 section, as appropriate; 

21 ‘‘(2) that establish the design of and rules for 

22 the national systems of competitive bidding; 

23 ‘‘(3) that establish notice requirements for all 

24 systems of competitive bidding authorized under this 


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1 section that, at a minimum, provide the public with 

2 notice of— 

3 ‘‘(A) the initial determination of which 

4 areas are unserved areas, areas with low-tier 

5 service, or areas with mid-tier service; 

6 ‘‘(B) the final determination of which 

7 areas are unserved areas, areas with low-tier 

8 service, or areas with mid-tier service after the 

9 process for challenging the initial determination 

10 has concluded; 

11 ‘‘(C) which entities have applied to bid for 

12 funding; and 

13 ‘‘(D) the results of any system of competi14 tive bidding, including identifying the funding 

15 recipients, which areas each project will serve, 

16 the nature of the service that will be provided 

17 by the project in each of those areas, and how 

18 much funding the funding recipients will receive 

19 in each of those areas; 

20 ‘‘(4) that establish broadband service buildout 

21 milestones and periodic certification by funding re22 cipients to ensure that the broadband service build23 out milestones for all systems of competitive bidding 

24 authorized under this section will be met; 


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1 ‘‘(5) that, except as provided in paragraphs (2) 

2 and (3) of subsection (c), establish a maximum 

3 buildout timeframe of three years beginning on the 

4 date on which funding is provided under this section 

5 for a project; 

6 ‘‘(6) that establish periodic reporting require7 ments for funding recipients and that identify, at a 

8 minimum, the nature of the service provided in each 

9 area for any system of competitive bidding author10 ized under this section; 

11 ‘‘(7) that establish standard penalties for the 

12 noncompliance of funding recipients or projects with 

13 the requirements as set forth under this section and 

14 as may be further prescribed by the Commission for 

15 any system of competitive bidding authorized under 

16 this section; 

17 ‘‘(8) that establish procedures for recovery of 

18 funds, in whole or in part, from funding recipients 

19 in the event of the default or noncompliance of the 

20 funding recipient or project with the requirements 

21 established under this section for any system of com22 petitive bidding authorized under this section; and 

23 ‘‘(9) that establish mechanisms to reduce waste, 

24 fraud, and abuse within the program for any system 

25 of competitive bidding authorized under this section. 


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1 ‘‘(f) REPORTS REQUIRED.— 

2 ‘‘(1) INSPECTOR GENERAL AND COMPTROLLER

3 GENERAL REPORT.—Not later than June 30 and 

4 December 31 of each year following the awarding of 

5 the first funds under the program, the Inspector 

6 General of the Commission and the Comptroller 

7 General of the United States shall submit to the 

8 Committees on Energy and Commerce of the House 

9 of Representatives and Commerce, Science, and 

10 Transportation of the Senate a report for the pre11 vious 6 months that reviews the program. Such re12 port shall include any recommendations to address 

13 waste, fraud, and abuse. 

14 ‘‘(2) STATE REPORTS.—Any State that receives 

15 funds under the program shall submit an annual re16 port to the Commission on how such funds were 

17 spent, along with a certification of compliance with 

18 the requirements as set forth under this section and 

19 as may be further prescribed by the Commission, in20 cluding a description of each service provided and 

21 the number of individuals to whom the service was 

22 provided. 

23 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 

24 is authorized to be appropriated to the Commission 

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1 gram, and such amount is authorized to remain available 

2 through fiscal year 2026. 

3 ‘‘(h) DEFINITIONS.—In this section: 

4 ‘‘(1) AFFORDABLE OPTION.—The term ‘afford5 able option’ means, with respect to a broadband 

6 service plan, that broadband service is provided 

7 under such plan at a rate that is determined by the 

8 Commission, in coordination with the Office of 

9 Internet Connectivity and Growth, to be affordable 

10 for a household with an income of 136 percent of 

11 the poverty threshold, as determined by using cri12 teria of poverty established by the Bureau of the 

13 Census, for a four-person household that includes 

14 two dependents under the age of 18. 

15 ‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor 

16 institution’— 

17 ‘‘(A) means a public or private school, a li18 brary, a medical or healthcare provider, a mu19 seum, a public safety entity, a public housing 

20 agency (as defined in section 3(b) of the United 

21 States Housing Act of 1937 (42 U.S.C. 

22 1437a(b))), a community college, an institution 

23 of higher education, a religious organization, or 

24 any other community support organization or 

25 agency; and 


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1 ‘‘(B) includes any entity described in sub2 paragraph (A) that serves an Indian Tribe, 

3 tribally designated entity, or Native Hawaiian 

4 organization. 

5 ‘‘(3) AREA.—The term ‘area’ means the geo6 graphic unit of measurement with the greatest level 

7 of granularity reasonably feasible for the Commis8 sion to use in making eligibility determinations 

9 under this section and in meeting the requirements 

10 and deadlines of this section. 

11 ‘‘(4) AREA WITH LOW-TIER SERVICE.—The 

12 term ‘area with low-tier service’ means an area 

13 where at least 90 percent of the population has ac14 cess to broadband service offered— 

15 ‘‘(A) with a download speed of at least 25 

16 megabits per second but less than 100 megabits 

17 per second; 

18 ‘‘(B) with an upload speed of at least 25 

19 megabits per second but less than 100 megabits 

20 per second; and 

21 ‘‘(C) with latency that is sufficiently low to 

22 allow multiple, simultaneous, real-time, inter23 active applications. 

24 ‘‘(5) AREA WITH MID-TIER SERVICE.—The term 

25 ‘area with mid-tier service’ means an area where at 


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1 least 90 percent of the population has access to 

2 broadband service offered— 

3 ‘‘(A) with a download speed of at least 100 

4 megabits per second but less than 1 gigabit per 

5 second; 

6 ‘‘(B) with an upload speed of at least 100 

7 megabits per second but less than 1 gigabit per 

8 second; and 

9 ‘‘(C) with latency that is sufficiently low to 

10 allow multiple, simultaneous, real-time, inter11 active applications. 

12 ‘‘(6) ASSISTANT SECRETARY.—The term ‘As13 sistant Secretary’ means the Assistant Secretary of 

14 Commerce for Communications and Information. 

15 ‘‘(7) BROADBAND SERVICE.—The term 

16 ‘broadband service’— 

17 ‘‘(A) means broadband internet access 

18 service that is a mass-market retail service, or 

19 a service provided to an anchor institution, by 

20 wire or radio that provides the capability to 

21 transmit data to and receive data from all or 

22 substantially all internet endpoints, including 

23 any capabilities that are incidental to and en24 able the operation of the communications serv25 ice; 


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1 ‘‘(B) includes any service that is a func2 tional equivalent of the service described in sub3 paragraph (A); and 

4 ‘‘(C) does not include dial-up internet ac5 cess service. 

6 ‘‘(8) COLLECTIVE BARGAINING.—The term ‘col7 lective bargaining’ means performance of the mutual 

8 obligation described in section 8(d) of the National 

9 Labor Relations Act (29 U.S.C. 158(d)). 

10 ‘‘(9) COLLECTIVE BARGAINING AGREEMENT.— 

11 The term ‘collective bargaining agreement’ means an 

12 agreement reached through collective bargaining. 

13 ‘‘(10) FUNDING RECIPIENT.—The term ‘fund14 ing recipient’ means an entity that receives funding 

15 for a project under this section, which may in16 clude— 

17 ‘‘(A) a private entity, a public-private part18 nership, a cooperative, and a Tribal or munic19 ipal broadband service provider; and 

20 ‘‘(B) a consortium between any of the enti21 ties described in subparagraph (A), including a 

22 consortium that includes an investor-owned util23 ity. 

24 ‘‘(11) HIGH-POVERTY AREA.—The term ‘high25 poverty area’ means a census tract with a poverty 


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1 rate of at least 20 percent, as measured by the most 

2 recent 5-year data series available from the Amer3 ican Community Survey of the Bureau of the Census 

4 as of the year before the date of the enactment of 

5 this section. In the case of a territory or possession 

6 of the United States in which no such data is col7 lected from the American Community Survey of the 

8 Bureau of the Census as of the year before the date 

9 of the enactment of this section, such term includes 

10 a census tract with a poverty rate of at least 20 per11 cent, as measured by the most recent Island Areas 

12 decennial census of the Bureau of the Census for 

13 which data is available as of the year before the date 

14 of the enactment of this section. 

15 ‘‘(12) INDIAN TRIBE.—The term ‘Indian Tribe’ 

16 has the meaning given such term in section 4(e) of 

17 the Indian Self-Determination and Education Assist18 ance Act (25 U.S.C. 5304(e)). 

19 ‘‘(13) INSTITUTION OF HIGHER EDUCATION.— 

20 The term ‘institution of higher education’— 

21 ‘‘(A) has the meaning given the term in 

22 section 101 of the Higher Education Act of 

23 1965 (20 U.S.C. 1001); and 

24 ‘‘(B) includes a postsecondary vocational 

25 institution. 


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1 ‘‘(14) LABOR ORGANIZATION.—The term ‘labor 

2 organization’ has the meaning given the term in sec3 tion 2 of the National Labor Relations Act (29 

4 U.S.C. 152). 

5 ‘‘(15) NATIVE HAWAIIAN ORGANIZATION.—The 

6 term ‘Native Hawaiian organization’ means any or7 ganization— 

8 ‘‘(A) that serves the interests of Native 

9 Hawaiians; 

10 ‘‘(B) in which Native Hawaiians serve in 

11 substantive and policymaking positions; 

12 ‘‘(C) that has as a primary and stated pur13 pose the provision of services to Native Hawai14 ians; and 

15 ‘‘(D) that is recognized for having exper16 tise in Native Hawaiian affairs, digital 

17 connectivity, or access to broadband service. 

18 ‘‘(16) PERSISTENT POVERTY COUNTY.—The 

19 term ‘persistent poverty county’ means any county 

20 with a poverty rate of at least 20 percent, as deter21 mined in each of the 1990 and 2000 decennial cen22 suses and in the Small Area Income and Poverty Es23 timates of the Bureau of the Census for the most re24 cent year for which the Estimates are available. In 

25 the case of a territory or possession of the United 


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1 States, such term includes any county equivalent 

2 area in Puerto Rico with a poverty rate of at least 

3 20 percent, as determined in each of the 1990 and 

4 2000 decennial censuses and in the most recent 5- 

5 year data series available from the American Com6 munity Survey of the Bureau of the Census as of 

7 the year before the date of the enactment of this 

8 section, or any other territory or possession of the 

9 United States with a poverty rate of at least 20 per10 cent, as determined in each of the 1990 and 2000 

11 Island Areas decennial censuses of the Bureau of the 

12 Census and in the most recent Island Areas decen13 nial census of the Bureau of the Census for which 

14 data is available as of the year before the date of the 

15 enactment of this section. 

16 ‘‘(17) POSTSECONDARY VOCATIONAL INSTITU17 TION.—The term ‘postsecondary vocational institu18 tion’ has the meaning given the term in section 

19 102(c) of the Higher Education Act of 1965 (20 

20 U.S.C. 1002(c)). 

21 ‘‘(18) PROGRAM.—Unless otherwise indicated, 

22 the term ‘program’ means the program established 

23 under subsection (a). 

24 ‘‘(19) PROJECT.—The term ‘project’ means an 

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1 tion to construct and deploy infrastructure for the 

2 provision of broadband service. 

3 ‘‘(20) STATE.—The term ‘State’ has the mean4 ing given such term in section 3, except that such 

5 term also includes the Republic of the Marshall Is6 lands, the Federated States of Micronesia, and the 

7 Republic of Palau. 

8 ‘‘(21) TRIBALLY DESIGNATED ENTITY.—The 

9 term ‘tribally designated entity’ means an entity des10 ignated by an Indian Tribe for purposes of para11 graph (2)(B). 

12 ‘‘(22) UNSERVED ANCHOR INSTITUTION.—The 

13 term ‘unserved anchor institution’ means an anchor 

14 institution that has no access to broadband service 

15 or does not have access to broadband service of16 fered— 

17 ‘‘(A) with a download speed of at least 1 

18 gigabit per second per 1,000 users; 

19 ‘‘(B) with an upload speed of at least 1 

20 gigabit per second per 1,000 users; and 

21 ‘‘(C) with latency that is sufficiently low to 

22 allow multiple, simultaneous, real-time, inter23 active applications. 

24 ‘‘(23) UNSERVED AREA.—The term ‘unserved 

25 area’ means an area where— 


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1 ‘‘(A) the Commission reasonably believes 

2 there are potential subscribers of broadband 

3 service; and 

4 ‘‘(B) at least 90 percent of the population 

5 has no access to broadband service or does not 

6 have access to broadband service offered— 

7 ‘‘(i) with a download speed of at least 

8 25 megabits per second; 

9 ‘‘(ii) with an upload speed of at least 

10 25 megabits per second; and 

11 ‘‘(iii) with latency that is sufficiently 

12 low to allow multiple, simultaneous, real13 time, interactive applications.’’. 

14 (b) AUTHORIZATION OF APPROPRIATIONS FOR TRIB15 AL BROADBAND CONNECTIVITY PROGRAM.— 

16 (1) IN GENERAL.—Section 905(c) of division N 

17 of the Consolidated Appropriations Act, 2021 (Pub18 lic Law 116–260) is amended by adding at the end 

19 the following: 

20 ‘‘(9) AUTHORIZATION OF APPROPRIATIONS.— 

21 There is authorized to be appropriated to the Assist22 ant Secretary $500,000,000 for fiscal year 2022 to 

23 carry out the grant program under this subsection, 

24 and such amount is authorized to remain available 

25 through fiscal year 2026.’’. 


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1 (2) CONFORMING AMENDMENTS.—Section 905 

2 of division N of the Consolidated Appropriations 

3 Act, 2021 (Public Law 116–260) is amended— 

4 (A) in subsection (c), by inserting ‘‘or 

5 paragraph (9) of this subsection’’ after ‘‘sub6 section (b)(1)’’ each place it appears; and 

7 (B) in subsection (e)— 

8 (i) in paragraph (1)— 

9 (I) in the matter preceding sub10 paragraph (A), by inserting after 

11 ‘‘this Act’’ the following: ‘‘(and, in the 

12 case of the grant program under sub13 section (c), not earlier than 30 days, 

14 and not later than 60 days, after the 

15 date of enactment of any other law 

16 making available amounts to carry out 

17 such program)’’; and 

18 (II) in subparagraph (A), by in19 serting after ‘‘eligible entities and cov20 ered partnerships’’ the following: ‘‘(or, 

21 in the case of a notice issued by rea22 son of the enactment of a law, other 

23 than this Act, making available 

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1 gram under subsection (c), eligible en2 tities)’’; and 

3 (ii) in paragraph (2)(A), by inserting 

4 after ‘‘an eligible entity or covered partner5 ship’’ the following: ‘‘(or, in the case of a 

6 notice issued by reason of the enactment of 

7 a law, other than this Act, making avail8 able amounts to carry out the grant pro9 gram under subsection (c), an eligible enti10 ty)’’. 

Æ 


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