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) in-
troduced the following bill; which was referred to the Committee on En-
ergy 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Connect America Act 
of 2021’’. 
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SEC. 2. EXPANSION OF BROADBAND ACCESS IN UNSERVED 
AREAS AND AREAS WITH LOW-TIER OR MID- 
TIER SERVICE. 
(a) IN GENERAL.—Title VII of the Communications 
Act of 1934 (47 U.S.C. 601 et seq.) is amended by adding 
at the end the following new section: 
‘‘SEC. 
723. 
EXPANSION 
OF 
BROADBAND 
ACCESS 
IN 
UNSERVED AREAS AND AREAS WITH LOW- 
TIER OR MID-TIER SERVICE. 
‘‘(a) PROGRAM ESTABLISHED.—Not later than 180 
days after the date of the enactment of this section, the 
Commission, in consultation with the Assistant Secretary, 
shall establish a program to expand access to broadband 
service for unserved areas, areas with low-tier service, 
areas with mid-tier service, and unserved anchor institu-
tions in accordance with the requirements of this section 
that— 
‘‘(1) is separate from any universal service pro-
gram established pursuant to section 254; and 
‘‘(2) does not require funding recipients to be 
designated as eligible telecommunications carriers 
under section 214(e). 
‘‘(b) USE OF PROGRAM FUNDS.— 
‘‘(1) EXPANDING ACCESS TO BROADBAND SERV-
ICE THROUGH NATIONAL SYSTEM OF COMPETITIVE 
BIDDING.—Not later than 18 months after the date 
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of the enactment of this section, the Commission 
shall award 75 percent of the amounts appropriated 
under subsection (g) through national systems of 
competitive bidding to funding recipients only to ex-
pand access to broadband service in unserved areas 
and areas with low-tier service. 
‘‘(2) EXPANDING ACCESS TO BROADBAND SERV-
ICE THROUGH STATES.— 
‘‘(A) 
DISTRIBUTION
OF
FUNDS
TO 
STATES.—Not later than 255 days after the 
date of the enactment of this section, the Com-
mission shall distribute 25 percent of the 
amounts appropriated under subsection (g) 
among the States, as follows: 
‘‘(i) $100,000,000 shall be distributed 
to each of the 50 States, the District of 
Columbia, and Puerto Rico. 
‘‘(ii) $100,000,000 shall be allocated 
equally among and distributed to the 
United States Virgin Islands, Guam, 
American Samoa, the Commonwealth of 
the Northern Mariana Islands, the Repub-
lic of the Marshall Islands, the Federated 
States of Micronesia, and the Republic of 
Palau. 
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‘‘(iii) The remainder shall be allocated 
among and distributed to the entities de-
scribed in clause (i), in proportion to the 
population of each such entity. 
‘‘(B) PUBLIC NOTICE.—Not later than 195 
days after the date of the enactment of this sec-
tion, the Commission shall issue a public notice 
informing each State and the public of the 
amounts to be distributed under this para-
graph. The notice shall include— 
‘‘(i) the manner in which a State shall 
inform the Commission of that State’s ac-
ceptance or acceptance in part of the 
amounts to be distributed under this para-
graph; 
‘‘(ii) the date (which is 30 days after 
the date on which the public notice is 
issued) by which such acceptance or ac-
ceptance in part is due; and 
‘‘(iii) the requirements as set forth 
under this section and as may be further 
prescribed by the Commission. 
‘‘(C) ACCEPTANCE BY STATES.—Not later 
than 30 days after the date on which a public 
notice is issued under subparagraph (B), each 
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State accepting amounts to be distributed 
under this paragraph shall inform the Commis-
sion of the acceptance or acceptance in part by 
the State of the amounts to be distributed 
under this paragraph in the manner described 
by the Commission in the public notice. 
‘‘(D) REQUIREMENTS FOR STATE RECEIPT 
OF
AMOUNTS
DISTRIBUTED.—Each State ac-
cepting amounts distributed under this para-
graph— 
‘‘(i) shall only award such amounts 
through statewide systems of competitive 
bidding, in the manner prescribed by the 
State but subject to the requirements as 
set forth under this section and as may be 
further prescribed by the Commission; 
‘‘(ii) shall make such awards only— 
‘‘(I) to funding recipients to ex-
pand access to broadband service in 
unserved areas and areas with low-tier 
service; 
‘‘(II) to funding recipients to ex-
pand access to broadband service to 
unserved anchor institutions; or 
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‘‘(III) to funding recipients to ex-
pand access to broadband service in 
areas with mid-tier service, but only if 
a State does not have, or no longer 
has, any unserved areas or areas with 
low-tier service; 
‘‘(iii) shall conduct separate systems 
of competitive bidding for awards made to 
unserved anchor institutions under clause 
(ii)(II), if a State awards any amounts dis-
tributed under this paragraph to unserved 
anchor institutions; 
‘‘(iv) shall return any unused portion 
of amounts distributed under this para-
graph to the Commission within 10 years 
after the date of the enactment of this sec-
tion and shall submit a certification to the 
Commission before receiving such amounts 
that the State will return such amounts; 
and 
‘‘(v) may not use more than 5 percent 
of the amounts distributed under this 
paragraph to administer a system or sys-
tems of competitive bidding authorized by 
this paragraph. 
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‘‘(3) FEDERAL AND STATE COORDINATION.— 
The Commission, in consultation with the Office of 
Internet Connectivity and Growth, shall establish 
processes through the rulemaking under subsection 
(e) to— 
‘‘(A) permit a State to elect for the Com-
mission to conduct statewide systems of com-
petitive bidding on behalf of such State as part 
of, or in coordination with, national systems of 
competitive bidding; 
‘‘(B) assist States in conducting statewide 
systems of competitive bidding; 
‘‘(C) ensure that program funds awarded 
by the Commission and program funds awarded 
by the States are not used in the same areas; 
and 
‘‘(D) ensure that program funds and funds 
awarded through other Federal programs to ex-
pand broadband service with a download speed 
of at least 100 megabits per second, an upload 
speed of at least 100 megabits per second, and 
latency that is sufficiently low to allow multiple, 
simultaneous, real-time, interactive applications, 
are not used in the same areas. 
‘‘(c) PROGRAM REQUIREMENTS.— 
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‘‘(1) TECHNOLOGY NEUTRALITY REQUIRED.— 
The entity administering a system of competitive 
bidding (either a State or the Commission) in mak-
ing awards may not favor a project using any par-
ticular technology. 
‘‘(2) GIGABIT
PERFORMANCE
FUNDING.—The 
Commission shall reserve 20 percent of the amounts 
to be awarded by the Commission under subsection 
(b)(1), and each State shall reserve 20 percent of 
the amounts distributed to such State under sub-
section (b)(2), for bidders committing (with respect 
to any particular project by such a bidder) to offer, 
not later than the date that is 4 years after the date 
on which funding is provided under this section for 
such project— 
‘‘(A) broadband service with a download 
speed of at least 1 gigabit per second, an 
upload speed of at least 1 gigabit per second, 
and latency that is sufficiently low to allow mul-
tiple, simultaneous, real-time, interactive appli-
cations; or 
‘‘(B) in the case of a project to provide 
broadband service to an unserved anchor insti-
tution, broadband service with a download 
speed of at least 10 gigabits per second per 
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1,000 users, an upload speed of at least 10 gig-
abits per second per 1,000 users, and latency 
that is sufficiently low to allow multiple, simul-
taneous, real-time, interactive applications. 
‘‘(3) SYSTEM OF COMPETITIVE BIDDING PROC-
ESS.—The entity administering a system of competi-
tive bidding (either a State or the Commission) shall 
structure the system of competitive bidding process 
to— 
‘‘(A) first hold a system of competitive bid-
ding only for bidders committing (with respect 
to any particular project by such a bidder) to 
offer, not later than the date that is 4 years 
after the date on which funding is provided 
under this section for such project— 
‘‘(i) 
broadband 
service 
with 
a 
download speed of at least 1 gigabit per 
second, an upload speed of at least 1 gig-
abit per second, and latency that is suffi-
ciently low to allow multiple, simultaneous, 
real-time, interactive applications; or 
‘‘(ii) in the case of a project to pro-
vide broadband service to an unserved an-
chor institution, broadband service with a 
download speed of at least 10 gigabits per 
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second per 1,000 users, an upload speed of 
at least 10 gigabits per second per 1,000 
users, and latency that is sufficiently low 
to allow multiple, simultaneous, real-time, 
interactive applications; and 
‘‘(B) after holding the system of competi-
tive bidding required by subparagraph (A), hold 
one or more systems of competitive bidding, in 
areas not receiving awards under subparagraph 
(A), to award funds for projects in areas that 
are estimated to remain unserved areas, areas 
with low-tier service, or (to the extent permitted 
under this section) areas with mid-tier service, 
or (to the extent permitted under this section) 
for projects to offer broadband service to an-
chor institutions that are estimated to remain 
unserved anchor institutions, after the comple-
tion of the projects for which funding is award-
ed under the system of competitive bidding re-
quired by subparagraph (A) or any previous 
system of competitive bidding under this sub-
paragraph. 
‘‘(4) FUNDS
PRIORITY
PREFERENCE.—There 
shall be a preference in a system of competitive bid-
ding for projects that would expand access to 
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broadband service in areas where at least 90 percent 
of the population has no access to broadband service 
or does not have access to broadband service offered 
with a download speed of at least 25 megabits per 
second, with an upload speed of at least 3 megabits 
per second, and with latency that is sufficiently low 
to allow multiple, simultaneous, real-time, interactive 
applications. Such projects shall be given priority in 
such system of competitive bidding over all other 
projects, regardless of how many preferences under 
paragraph (5) for which such other projects qualify. 
‘‘(5) FUNDS PREFERENCE.—There shall be a 
preference in a system of competitive bidding, as de-
termined by the entity administering the system of 
competitive bidding (either a State or the Commis-
sion), for any of the following projects: 
‘‘(A) Projects with at least 20 percent 
matching funds from non-Federal sources. 
‘‘(B) Projects that would expand access to 
broadband service on Tribal lands, as defined 
by the Commission. 
‘‘(C) 
Projects 
that 
would 
provide 
broadband service with higher speeds than 
those specified in subsection (d)(2), except in 
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‘‘(II) other publicly available data 
or information on access to broadband 
service; and 
‘‘(III) other publicly available 
data 
or 
information 
on 
State 
broadband service deployment pro-
grams; and 
‘‘(iii) not determine an area is not an 
unserved area, an area with low-tier serv-
ice, or an area with mid-tier service, on the 
basis that one location within such area 
does not meet the definition of an unserved 
area, an area with low-tier service, or an 
area with mid-tier service. 
‘‘(B) 
INITIAL
DETERMINATION.—The 
Commission shall make an initial determination 
of the areas that are unserved areas, areas with 
low-tier service, and areas with mid-tier service 
and which anchor institutions are unserved an-
chor institutions not later than 270 days after 
the date of the enactment of this section. 
‘‘(C) CHALLENGE OF DETERMINATION.— 
‘‘(i) IN GENERAL.—The Commission 
shall provide for a process for challenging 
any initial determination regarding wheth-
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er an area is an unserved area, an area 
with low-tier service, or an area with mid- 
tier service or whether an anchor institu-
tion is an unserved anchor institution that, 
at a minimum, provides not less than 45 
days for a person to voluntarily submit in-
formation concerning— 
‘‘(I) the broadband service of-
fered in the area, or a commitment to 
offer broadband service in the area 
that is subject to legal sanction if not 
performed; or 
‘‘(II) the broadband service of-
fered to the anchor institution. 
‘‘(ii) STREAMLINED
PROCESS.—The 
Commission shall ensure that such process 
is sufficiently streamlined such that a rea-
sonably prudent person may easily partici-
pate to challenge such initial determination 
with little burden on such person. 
‘‘(D) FINAL DETERMINATION.—The Com-
mission shall make a final determination of the 
areas that are unserved areas, areas with low- 
tier service, or areas with mid-tier service and 
which anchor institutions are unserved anchor 
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institutions within 1 year after the date of the 
enactment of this section. 
‘‘(7) 
NOTICE, 
TRANSPARENCY, 
ACCOUNT-
ABILITY, AND OVERSIGHT REQUIRED.—The program 
shall contain sufficient notice, transparency, ac-
countability, and oversight measures to provide the 
public with notice of the assistance provided under 
this section, and to deter waste, fraud, and abuse of 
program funds. 
‘‘(8) COMPETENCE.— 
‘‘(A) STANDARDS.—The Commission shall 
establish, through the rulemaking described in 
subsection (e), objective standards to determine 
that each provider of broadband service seeking 
to participate in a system of competitive bid-
ding— 
‘‘(i) is capable of carrying out the 
project in a competent manner in compli-
ance with all applicable Federal, State, and 
local laws; 
‘‘(ii) has the financial capacity to 
meet the buildout obligations of the project 
and requirements as set forth under this 
section and as may be further prescribed 
by the Commission; and 
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‘‘(iii) has the technical and oper-
ational capability to provide broadband 
services in the manner contemplated by the 
provider’s bid in the system of competitive 
bidding, including a detailed consideration 
of the provider’s prior performance in de-
livering services as contemplated in the bid 
and the capabilities of the provider’s pro-
posed network to deliver the contemplated 
services in the area in question. 
‘‘(B) DETERMINATIONS REGARDING PRO-
VIDERS.—An entity administering a system of 
competitive bidding (either a State or the Com-
mission) may not permit a provider of 
broadband service to participate in the system 
of competitive bidding unless the entity first de-
termines, after notice and an opportunity for 
public comment, that the provider meets the 
standards established under subparagraph (A). 
‘‘(9) CONTRACTING REQUIREMENTS.—All labor-
ers and mechanics employed by contractors or sub-
contractors in the performance of construction, al-
teration, or repair work carried out, in whole or in 
part, with assistance made available under this sec-
tion shall be paid wages at rates not less than those 
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prevailing on projects of a similar character in the 
locality as determined by the Secretary of Labor in 
accordance with subchapter IV of chapter 31 of title 
40, United States Code. With respect to the labor 
standards in this paragraph, the Secretary of Labor 
shall have the authority and functions set forth in 
Reorganization Plan Numbered 14 of 1950 (64 Stat. 
1267; 5 U.S.C. App.) and section 3145 of title 40, 
United States Code. 
‘‘(10) RULE OF CONSTRUCTION REGARDING EN-
VIRONMENTAL LAWS.—Nothing in this section shall 
be construed to affect— 
‘‘(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
‘‘(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.; commonly referred 
to as the ‘Clean Water Act’); 
‘‘(C) the National Environmental Policy 
Act of 1969 (42 U.S.C. 4321 et seq.); 
‘‘(D) the Endangered Species Act of 1973 
(16 U.S.C. 1531 et seq.); 
‘‘(E) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.; commonly referred to as 
the ‘Resource Conservation and Recovery Act’); 
or 
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‘‘(F) any State or local law that is similar 
to a law listed in subparagraphs (A) through 
(E). 
‘‘(11) REFERRAL OF ALLEGED VIOLATIONS OF 
APPLICABLE
FEDERAL
LABOR
AND
EMPLOYMENT 
LAWS.—The Commission shall refer any alleged vio-
lation of an applicable labor and employment law to 
the appropriate Federal agency for investigation and 
enforcement, and any alleged violation of paragraph 
(9) or (12) to the National Labor Relations Board 
for investigation and enforcement, utilizing all ap-
propriate remedies up to and including debarment 
from the program. 
‘‘(12) LABOR ORGANIZATION.— 
‘‘(A) IN
GENERAL.—Notwithstanding the 
National Labor Relations Act (29 U.S.C. 151 
et seq.), subparagraphs (B) through (F) shall 
apply with respect to any funding recipient who 
is an employer and any labor organization who 
represents employees of a funding recipient. 
‘‘(B) 
NEUTRALITY
REQUIREMENT.—An 
employer shall remain neutral with respect to 
the exercise of employees and labor organiza-
tions of the right to organize and bargain under 
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the National Labor Relations Act (29 U.S.C. 
151 et seq.). 
‘‘(C) COMMENCEMENT
OF
COLLECTIVE 
BARGAINING.—Not later than 10 days after re-
ceiving a written request for collective bar-
gaining from a labor organization that has been 
newly recognized or certified as a representative 
under section 9(a) of the National Labor Rela-
tions Act (29 U.S.C. 159(a)), or within such 
further period as the parties agree upon, the 
parties shall meet and commence to bargain 
collectively and shall make every reasonable ef-
fort to conclude and sign a collective bargaining 
agreement. 
‘‘(D) MEDIATION AND CONCILIATION FOR 
FAILURE TO REACH A COLLECTIVE BARGAINING 
AGREEMENT.— 
‘‘(i) IN GENERAL.—If the parties have 
failed to reach an agreement before the 
date that is 90 days after the date on 
which bargaining is commenced under sub-
paragraph (C), or any later date agreed 
upon by both parties, either party may no-
tify the Federal Mediation and Conciliation 
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Service of the existence of a dispute and 
request mediation. 
‘‘(ii) FEDERAL MEDIATION AND CON-
CILIATION SERVICE.—Whenever a request 
is received under clause (i), the Director of 
the Federal Mediation and Conciliation 
Service shall promptly communicate with 
the parties and use best efforts, by medi-
ation and conciliation, to bring them to 
agreement. 
‘‘(E) TRIPARTITE ARBITRATION PANEL.— 
‘‘(i) IN GENERAL.—If the Federal Me-
diation and Conciliation Service is not able 
to bring the parties to agreement by medi-
ation or conciliation before the date that is 
30 days after the date on which such medi-
ation or conciliation is commenced, or any 
later date agreed upon by both parties, the 
Service shall refer the dispute to a tri-
partite arbitration panel established in ac-
cordance with such regulations as may be 
prescribed by the Service, with one mem-
ber selected by the labor organization, one 
member selected by the employer, and one 
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neutral member mutually agreed to by the 
parties. 
‘‘(ii) DISPUTE SETTLEMENT.—A ma-
jority of the tripartite arbitration panel 
shall render a decision settling the dispute 
and such decision shall be binding upon 
the parties for a period of two years, un-
less amended during such period by writ-
ten consent of the parties. Such decision 
shall be based on— 
‘‘(I) the employer’s financial sta-
tus and prospects; 
‘‘(II) the size and type of the em-
ployer’s operations and business; 
‘‘(III) the employees’ cost of liv-
ing; 
‘‘(IV) the employees’ ability to 
sustain themselves, their families, and 
their dependents on the wages and 
benefits they earn from the employer; 
and 
‘‘(V) the wages and benefits that 
other employers in the same business 
provide their employees. 
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‘‘(F) PROHIBITION
ON
SUBCONTRACTING 
FOR CERTAIN PURPOSES.—A funding recipient 
may not engage in subcontracting for the pur-
pose of circumventing the terms of a collective 
bargaining agreement with respect to wages, 
benefits, or working conditions. 
‘‘(G) PARTIES
DEFINED.—In this para-
graph, the term ‘parties’ means a labor organi-
zation that is newly recognized or certified as a 
representative under section 9(a) of the Na-
tional Labor Relations Act (29 U.S.C. 159(a)) 
and the employer of the employees represented 
by such organization. 
‘‘(d) PROJECT REQUIREMENTS.—Any project funded 
through the program shall meet the following require-
ments: 
‘‘(1) The project shall adhere to quality-of-serv-
ice standards as established by the Commission. 
‘‘(2) Except as provided in paragraphs (2) and 
(3) of subsection (c), the project shall offer 
broadband service with a download speed of at least 
100 megabits per second, an upload speed of at least 
100 megabits per second, and latency that is suffi-
ciently low to allow multiple, simultaneous, real-time, 
interactive applications. 
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‘‘(3) The project shall offer broadband service 
at prices that are comparable to, or lower than, the 
prices charged for comparable levels of service in 
areas that were not unserved areas, areas with low- 
tier service, or areas with mid-tier service on the day 
before the date of the enactment of this section. 
‘‘(4) For any project that involves laying fiber- 
optic cables along a roadway, the project shall in-
clude interspersed conduit access points at regular 
and short intervals. 
‘‘(5) The project shall incorporate prudent cy-
bersecurity and supply chain risk management prac-
tices, as specified by the Commission through the 
rulemaking described in subsection (e), in consulta-
tion with the Director of the National Institute of 
Standards and Technology and the Assistant Sec-
retary. 
‘‘(6) The project shall incorporate best prac-
tices, as defined by the Commission, for ensuring re-
liability and resiliency of the network during disas-
ters. 
‘‘(7) Any funding recipient must agree to have 
the project meet the requirements established under 
section 224, as if the project were classified as a 
‘utility’ under such section. The preceding sentence 
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shall not apply to those entities or persons excluded 
from the definition of the term ‘utility’ by the second 
sentence of subsection (a)(1) of such section. 
‘‘(8) The project shall offer an affordable option 
for a broadband service plan under which broadband 
service is provided— 
‘‘(A) with a download speed of at least 50 
megabits per second; 
‘‘(B) with an upload speed of at least 50 
megabits per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(e) RULEMAKING AND DISTRIBUTION AND AWARD 
OF FUNDS.—Not later than 180 days after the date of 
the enactment of this section, the Commission, in con-
sultation with the Assistant Secretary, shall promulgate 
rules— 
‘‘(1) that implement the requirements of this 
section, as appropriate; 
‘‘(2) that establish the design of and rules for 
the national systems of competitive bidding; 
‘‘(3) that establish notice requirements for all 
systems of competitive bidding authorized under this 
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section that, at a minimum, provide the public with 
notice of— 
‘‘(A) the initial determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service; 
‘‘(B) the final determination of which 
areas are unserved areas, areas with low-tier 
service, or areas with mid-tier service after the 
process for challenging the initial determination 
has concluded; 
‘‘(C) which entities have applied to bid for 
funding; and 
‘‘(D) the results of any system of competi-
tive bidding, including identifying the funding 
recipients, which areas each project will serve, 
the nature of the service that will be provided 
by the project in each of those areas, and how 
much funding the funding recipients will receive 
in each of those areas; 
‘‘(4) that establish broadband service buildout 
milestones and periodic certification by funding re-
cipients to ensure that the broadband service build-
out milestones for all systems of competitive bidding 
authorized under this section will be met; 
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‘‘(5) that, except as provided in paragraphs (2) 
and (3) of subsection (c), establish a maximum 
buildout timeframe of three years beginning on the 
date on which funding is provided under this section 
for a project; 
‘‘(6) that establish periodic reporting require-
ments for funding recipients and that identify, at a 
minimum, the nature of the service provided in each 
area for any system of competitive bidding author-
ized under this section; 
‘‘(7) that establish standard penalties for the 
noncompliance of funding recipients or projects with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission for 
any system of competitive bidding authorized under 
this section; 
‘‘(8) that establish procedures for recovery of 
funds, in whole or in part, from funding recipients 
in the event of the default or noncompliance of the 
funding recipient or project with the requirements 
established under this section for any system of com-
petitive bidding authorized under this section; and 
‘‘(9) that establish mechanisms to reduce waste, 
fraud, and abuse within the program for any system 
of competitive bidding authorized under this section. 
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‘‘(f) REPORTS REQUIRED.— 
‘‘(1) INSPECTOR GENERAL AND COMPTROLLER 
GENERAL
REPORT.—Not later than June 30 and 
December 31 of each year following the awarding of 
the first funds under the program, the Inspector 
General of the Commission and the Comptroller 
General of the United States shall submit to the 
Committees on Energy and Commerce of the House 
of Representatives and Commerce, Science, and 
Transportation of the Senate a report for the pre-
vious 6 months that reviews the program. Such re-
port shall include any recommendations to address 
waste, fraud, and abuse. 
‘‘(2) STATE REPORTS.—Any State that receives 
funds under the program shall submit an annual re-
port to the Commission on how such funds were 
spent, along with a certification of compliance with 
the requirements as set forth under this section and 
as may be further prescribed by the Commission, in-
cluding a description of each service provided and 
the number of individuals to whom the service was 
provided. 
‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Commission 
$79,500,000,000 for fiscal year 2022 to carry out the pro-
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gram, and such amount is authorized to remain available 
through fiscal year 2026. 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) AFFORDABLE OPTION.—The term ‘afford-
able option’ means, with respect to a broadband 
service plan, that broadband service is provided 
under such plan at a rate that is determined by the 
Commission, in coordination with the Office of 
Internet Connectivity and Growth, to be affordable 
for a household with an income of 136 percent of 
the poverty threshold, as determined by using cri-
teria of poverty established by the Bureau of the 
Census, for a four-person household that includes 
two dependents under the age of 18. 
‘‘(2) ANCHOR INSTITUTION.—The term ‘anchor 
institution’— 
‘‘(A) means a public or private school, a li-
brary, a medical or healthcare provider, a mu-
seum, a public safety entity, a public housing 
agency (as defined in section 3(b) of the United 
States Housing Act of 1937 (42 U.S.C. 
1437a(b))), a community college, an institution 
of higher education, a religious organization, or 
any other community support organization or 
agency; and 
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‘‘(B) includes any entity described in sub-
paragraph (A) that serves an Indian Tribe, 
tribally designated entity, or Native Hawaiian 
organization. 
‘‘(3) AREA.—The term ‘area’ means the geo-
graphic unit of measurement with the greatest level 
of granularity reasonably feasible for the Commis-
sion to use in making eligibility determinations 
under this section and in meeting the requirements 
and deadlines of this section. 
‘‘(4) AREA
WITH
LOW-TIER
SERVICE.—The 
term ‘area with low-tier service’ means an area 
where at least 90 percent of the population has ac-
cess to broadband service offered— 
‘‘(A) with a download speed of at least 25 
megabits per second but less than 100 megabits 
per second; 
‘‘(B) with an upload speed of at least 25 
megabits per second but less than 100 megabits 
per second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(5) AREA WITH MID-TIER SERVICE.—The term 
‘area with mid-tier service’ means an area where at 
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least 90 percent of the population has access to 
broadband service offered— 
‘‘(A) with a download speed of at least 100 
megabits per second but less than 1 gigabit per 
second; 
‘‘(B) with an upload speed of at least 100 
megabits per second but less than 1 gigabit per 
second; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(6) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information. 
‘‘(7) 
BROADBAND
SERVICE.—The 
term 
‘broadband service’— 
‘‘(A) means broadband internet access 
service that is a mass-market retail service, or 
a service provided to an anchor institution, by 
wire or radio that provides the capability to 
transmit data to and receive data from all or 
substantially all internet endpoints, including 
any capabilities that are incidental to and en-
able the operation of the communications serv-
ice; 
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‘‘(B) includes any service that is a func-
tional equivalent of the service described in sub-
paragraph (A); and 
‘‘(C) does not include dial-up internet ac-
cess service. 
‘‘(8) COLLECTIVE BARGAINING.—The term ‘col-
lective bargaining’ means performance of the mutual 
obligation described in section 8(d) of the National 
Labor Relations Act (29 U.S.C. 158(d)). 
‘‘(9) COLLECTIVE BARGAINING AGREEMENT.— 
The term ‘collective bargaining agreement’ means an 
agreement reached through collective bargaining. 
‘‘(10) FUNDING RECIPIENT.—The term ‘fund-
ing recipient’ means an entity that receives funding 
for a project under this section, which may in-
clude— 
‘‘(A) a private entity, a public-private part-
nership, a cooperative, and a Tribal or munic-
ipal broadband service provider; and 
‘‘(B) a consortium between any of the enti-
ties described in subparagraph (A), including a 
consortium that includes an investor-owned util-
ity. 
‘‘(11) HIGH-POVERTY AREA.—The term ‘high- 
poverty area’ means a census tract with a poverty 
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rate of at least 20 percent, as measured by the most 
recent 5-year data series available from the Amer-
ican Community Survey of the Bureau of the Census 
as of the year before the date of the enactment of 
this section. In the case of a territory or possession 
of the United States in which no such data is col-
lected from the American Community Survey of the 
Bureau of the Census as of the year before the date 
of the enactment of this section, such term includes 
a census tract with a poverty rate of at least 20 per-
cent, as measured by the most recent Island Areas 
decennial census of the Bureau of the Census for 
which data is available as of the year before the date 
of the enactment of this section. 
‘‘(12) INDIAN TRIBE.—The term ‘Indian Tribe’ 
has the meaning given such term in section 4(e) of 
the Indian Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(e)). 
‘‘(13) INSTITUTION OF HIGHER EDUCATION.— 
The term ‘institution of higher education’— 
‘‘(A) has the meaning given the term in 
section 101 of the Higher Education Act of 
1965 (20 U.S.C. 1001); and 
‘‘(B) includes a postsecondary vocational 
institution. 
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‘‘(14) LABOR ORGANIZATION.—The term ‘labor 
organization’ has the meaning given the term in sec-
tion 2 of the National Labor Relations Act (29 
U.S.C. 152). 
‘‘(15) NATIVE HAWAIIAN ORGANIZATION.—The 
term ‘Native Hawaiian organization’ means any or-
ganization— 
‘‘(A) that serves the interests of Native 
Hawaiians; 
‘‘(B) in which Native Hawaiians serve in 
substantive and policymaking positions; 
‘‘(C) that has as a primary and stated pur-
pose the provision of services to Native Hawai-
ians; and 
‘‘(D) that is recognized for having exper-
tise 
in 
Native 
Hawaiian 
affairs, 
digital 
connectivity, or access to broadband service. 
‘‘(16) PERSISTENT
POVERTY
COUNTY.—The 
term ‘persistent poverty county’ means any county 
with a poverty rate of at least 20 percent, as deter-
mined in each of the 1990 and 2000 decennial cen-
suses and in the Small Area Income and Poverty Es-
timates of the Bureau of the Census for the most re-
cent year for which the Estimates are available. In 
the case of a territory or possession of the United 
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States, such term includes any county equivalent 
area in Puerto Rico with a poverty rate of at least 
20 percent, as determined in each of the 1990 and 
2000 decennial censuses and in the most recent 5- 
year data series available from the American Com-
munity Survey of the Bureau of the Census as of 
the year before the date of the enactment of this 
section, or any other territory or possession of the 
United States with a poverty rate of at least 20 per-
cent, as determined in each of the 1990 and 2000 
Island Areas decennial censuses of the Bureau of the 
Census and in the most recent Island Areas decen-
nial census of the Bureau of the Census for which 
data is available as of the year before the date of the 
enactment of this section. 
‘‘(17) POSTSECONDARY VOCATIONAL INSTITU-
TION.—The term ‘postsecondary vocational institu-
tion’ has the meaning given the term in section 
102(c) of the Higher Education Act of 1965 (20 
U.S.C. 1002(c)). 
‘‘(18) PROGRAM.—Unless otherwise indicated, 
the term ‘program’ means the program established 
under subsection (a). 
‘‘(19) PROJECT.—The term ‘project’ means an 
undertaking by a funding recipient under this sec-
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tion to construct and deploy infrastructure for the 
provision of broadband service. 
‘‘(20) STATE.—The term ‘State’ has the mean-
ing given such term in section 3, except that such 
term also includes the Republic of the Marshall Is-
lands, the Federated States of Micronesia, and the 
Republic of Palau. 
‘‘(21) TRIBALLY
DESIGNATED
ENTITY.—The 
term ‘tribally designated entity’ means an entity des-
ignated by an Indian Tribe for purposes of para-
graph (2)(B). 
‘‘(22) UNSERVED ANCHOR INSTITUTION.—The 
term ‘unserved anchor institution’ means an anchor 
institution that has no access to broadband service 
or does not have access to broadband service of-
fered— 
‘‘(A) with a download speed of at least 1 
gigabit per second per 1,000 users; 
‘‘(B) with an upload speed of at least 1 
gigabit per second per 1,000 users; and 
‘‘(C) with latency that is sufficiently low to 
allow multiple, simultaneous, real-time, inter-
active applications. 
‘‘(23) UNSERVED AREA.—The term ‘unserved 
area’ means an area where— 
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‘‘(A) the Commission reasonably believes 
there are potential subscribers of broadband 
service; and 
‘‘(B) at least 90 percent of the population 
has no access to broadband service or does not 
have access to broadband service offered— 
‘‘(i) with a download speed of at least 
25 megabits per second; 
‘‘(ii) with an upload speed of at least 
25 megabits per second; and 
‘‘(iii) with latency that is sufficiently 
low to allow multiple, simultaneous, real- 
time, interactive applications.’’. 
(b) AUTHORIZATION OF APPROPRIATIONS FOR TRIB-
AL BROADBAND CONNECTIVITY PROGRAM.— 
(1) IN GENERAL.—Section 905(c) of division N 
of the Consolidated Appropriations Act, 2021 (Pub-
lic Law 116–260) is amended by adding at the end 
the following: 
‘‘(9) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Assist-
ant Secretary $500,000,000 for fiscal year 2022 to 
carry out the grant program under this subsection, 
and such amount is authorized to remain available 
through fiscal year 2026.’’. 
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(2) CONFORMING AMENDMENTS.—Section 905 
of division N of the Consolidated Appropriations 
Act, 2021 (Public Law 116–260) is amended— 
(A) in subsection (c), by inserting ‘‘or 
paragraph (9) of this subsection’’ after ‘‘sub-
section (b)(1)’’ each place it appears; and 
(B) in subsection (e)— 
(i) in paragraph (1)— 
(I) in the matter preceding sub-
paragraph (A), by inserting after 
‘‘this Act’’ the following: ‘‘(and, in the 
case of the grant program under sub-
section (c), not earlier than 30 days, 
and not later than 60 days, after the 
date of enactment of any other law 
making available amounts to carry out 
such program)’’; and 
(II) in subparagraph (A), by in-
serting after ‘‘eligible entities and cov-
ered partnerships’’ the following: ‘‘(or, 
in the case of a notice issued by rea-
son of the enactment of a law, other 
than 
this 
Act, 
making 
available 
amounts to carry out the grant pro-
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gram under subsection (c), eligible en-
tities)’’; and 
(ii) in paragraph (2)(A), by inserting 
after ‘‘an eligible entity or covered partner-
ship’’ the following: ‘‘(or, in the case of a 
notice issued by reason of the enactment of 
a law, other than this Act, making avail-
able amounts to carry out the grant pro-
gram under subsection (c), an eligible enti-
ty)’’. 
Æ 
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