I 

118TH CONGRESS 

1ST SESSION H. R. 5494 

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 HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2023 

Ms. LEGER FERNANDEZ introduced the following bill; which was referred to 

the Committee on Energy and Commerce 

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 2023’’. 


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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 in section 4 of the In16 dian Self-Determination and Education Assist17 ance Act (25 U.S.C. 5304). 

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 2023, the Commission, in con23 sultation with the Institute of Museum and Li24 brary Services and any other agency with rel25 evant responsibilities, shall initiate, 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 2027. 

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 05:06 Sep 16, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5494.IH H5494

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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 PILOT PROGRAM.—An essential commu7 nity-serving institution that receives universal 

8 service support under this paragraph shall, 

9 after the conclusion of the pilot program de10 scribed in subparagraph (A), be eligible for uni11 versal 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 pilot program described in 

20 paragraph (2)(A); 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 2024 through 

25 2027. 


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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 shall make 

22 direct grants to essential community-serv23 ing institutions, including Tribal libraries 

24 and schools, and Indian Tribes for tech25 nical assistance initiatives regarding the 


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1 application process for the E-rate program 

2 and the pilot program established under 

3 paragraph (2)(A). 

4 ‘‘(ii) COORDINATION.—The Institute 

5 of Museum and Library Services shall co6 ordinate with the Commission and the enti7 ty responsible for administering the uni8 versal service programs established under 

9 this section to— 

10 ‘‘(I) promote public awareness of 

11 the grants described in clause (i); and 

12 ‘‘(II) adjudicate application deci13 sions relating to the grants described 

14 in clause (i). 

15 ‘‘(iii) AUTHORIZATION OF APPROPRIA16 TIONS.—There are authorized to be appro17 priated $25,000,000 to make the grants 

18 described in clause (i). 

19 ‘‘(4) COORDINATION AND PERFORMANCE MEAS20 UREMENT.—The Commission shall— 

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

22 the Commission relating to institutions that re23 ceive universal service support by defining the 

24 term ‘Tribal’ on the application for any such 

25 support; 


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1 ‘‘(B) develop performance goals and meas2 ures to track progress on achieving the stra3 tegic objective of the Commission of ensuring 

4 that all Indian Tribes have affordable access to 

5 broadband internet access service for edu6 cational purposes for students, teachers, librar7 ians, and members of the community; 

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

9 Museum and Library Services, identify, in the 

10 United States, all— 

11 ‘‘(i) Tribal libraries; 

12 ‘‘(ii) developing Tribal libraries; and 

13 ‘‘(iii) Indian Tribes without adequate 

14 library services; and 

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

16 of enactment of the Tribal Connect Act of 

17 2023, submit to Congress and make public a 

18 report on the goals and measures developed 

19 under subparagraph (B) and the list of libraries 

20 and Indian Tribes identified under subpara21 graph (C).’’. 

Æ 


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