[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6881 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 6881

  To provide a benefit for broadband service during emergency periods 
             relating to COVID-19, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2020

  Mr. Veasey introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To provide a benefit for broadband service during emergency periods 
             relating to COVID-19, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Emergency Broadband Connections Act 
of 2020''.

SEC. 2. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY PERIODS RELATING 
              TO COVID-19.

    (a) Promulgation of Regulations Required.--Not later than 7 days 
after the date of the enactment of this Act, the Commission shall 
promulgate regulations implementing this section.
    (b) Requirements.--The regulations promulgated pursuant to 
subsection (a) shall establish the following:
            (1) Emergency broadband benefit.--During an emergency 
        period, a provider shall provide an eligible household with an 
        internet service offering, upon request by a member of such 
        household. Such provider shall discount the price charged to 
        such household for such internet service offering in an amount 
        equal to the emergency broadband benefit for such household.
            (2) Verification of eligibility.--To verify whether a 
        household is an eligible household, a provider shall either--
                    (A) use the National Lifeline Eligibility Verifier; 
                or
                    (B) rely upon an alternative verification process 
                of the provider, if the Commission finds such process 
                to be sufficient to avoid waste, fraud, and abuse.
            (3) Use of national lifeline eligibility verifier.--The 
        Commission shall--
                    (A) expedite the ability of all providers to access 
                the National Lifeline Eligibility Verifier for purposes 
                of determining whether a household is an eligible 
                household; and
                    (B) ensure that the National Lifeline Eligibility 
                Verifier approves an eligible household to receive the 
                emergency broadband benefit not later than two days 
                after the date of the submission of information 
                necessary to determine if such household is an eligible 
                household.
            (4) Extension of emergency period.--An emergency period may 
        be extended within a State or any portion thereof if the State, 
        or in the case of Tribal land, a Tribal government, provides 
        written, public notice to the Commission stipulating that an 
        extension is necessary in furtherance of the recovery related 
        to COVID-19. The Commission shall, within 48 hours after 
        receiving such notice, post the notice on the public website of 
        the Commission.
            (5) Reimbursement.--From the Emergency Broadband 
        Connectivity Fund established in subsection (h), the Commission 
        shall reimburse a provider in an amount equal to the emergency 
        broadband benefit with respect to an eligible household that 
        receives such benefit from such provider.
            (6) Reimbursement for connected device.--A provider that, 
        in addition to providing the emergency broadband benefit to an 
        eligible household, supplies such household with a connected 
        device may be reimbursed up to $100 from the Emergency 
        Broadband Connectivity Fund established in subsection (h) for 
        such connected device, if the charge to such eligible household 
        is more than $10 but less than $50 for such connected device, 
        except that a provider may receive reimbursement for no more 
        than one connected device per eligible household.
            (7) No retroactive reimbursement.--A provider may not 
        receive a reimbursement from the Emergency Broadband 
        Connectivity Fund for providing an internet service offering 
        discounted by the emergency broadband benefit, or for supplying 
        a connected device, that was provided or supplied (as the case 
        may be) before the date of the enactment of this Act.
            (8) Certification required.--To receive a reimbursement 
        under paragraph (5) or (6), a provider shall certify to the 
        Commission the following:
                    (A) That the amount for which the provider is 
                seeking reimbursement from the Emergency Broadband 
                Connectivity Fund for an internet service offering to 
                an eligible household is not more than the normal rate.
                    (B) That each eligible household for which a 
                provider is seeking reimbursement for providing an 
                internet service offering discounted by the emergency 
                broadband benefit--
                            (i) has not been and will not be charged--
                                    (I) for such offering, if the 
                                normal rate for such offering is less 
                                than or equal to the amount of the 
                                emergency broadband benefit for such 
                                household; or
                                    (II) more for such offering than 
                                the difference between the normal rate 
                                for such offering and the amount of the 
                                emergency broadband benefit for such 
                                household;
                            (ii) will not be required to pay an early 
                        termination fee if such eligible household 
                        elects to enter into a contract to receive such 
                        internet service offering if such household 
                        later terminates such contract; and
                            (iii) was not subject to a mandatory 
                        waiting period for such internet service 
                        offering based on having previously received 
                        broadband internet access service from such 
                        provider.
                    (C) A description of the process used by the 
                provider to verify that a household is an eligible 
                household, if the provider elects an alternative 
                verification process under paragraph (2)(B), and that 
                such verification process was designed to avoid waste, 
                fraud, and abuse.
            (9) Audit requirements.--The Commission shall adopt audit 
        requirements to ensure that providers are in compliance with 
        the requirements of this section and to prevent waste, fraud, 
        and abuse in the emergency broadband benefit program 
        established under this section.
    (c) Eligible Providers.--Notwithstanding subsection (e) of this 
section, the Commission shall provide a reimbursement to a provider 
under this section without requiring such provider to be designated as 
an eligible telecommunications carrier under section 214(e) of the 
Communications Act of 1934 (47 U.S.C. 214(e)).
    (d) Rule of Construction.--Nothing in this section shall affect the 
collection, distribution, or administration of the Lifeline Assistance 
Program governed by the rules set forth in subpart E of part 54 of 
title 47, Code of Federal Regulations (or any successor regulation).
    (e) Part 54 Regulations.--Nothing in this section shall be 
construed to prevent the Commission from providing that the regulations 
in part 54 of title 47, Code of Federal Regulations (or any successor 
regulation), shall apply in whole or in part to support provided under 
the regulations required by subsection (a), shall not apply in whole or 
in part to such support, or shall be modified in whole or in part for 
purposes of application to such support.
    (f) Enforcement.--A violation of this section or a regulation 
promulgated under this section, including the knowing or reckless 
denial of an internet service offering discounted by the emergency 
broadband benefit to an eligible household that requests such an 
offering, shall be treated as a violation of the Communications Act of 
1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such 
Act. The Commission shall enforce this section and the regulations 
promulgated under this section in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though all 
applicable terms and provisions of the Communications Act of 1934 were 
incorporated into and made a part of this section.
    (g) Exemptions.--
            (1) Notice and comment rulemaking requirements.--Section 
        553 of title 5, United States Code, shall not apply to a 
        regulation promulgated under subsection (a) or a rulemaking to 
        promulgate such a regulation.
            (2) Paperwork reduction act requirements.--A collection of 
        information conducted or sponsored under the regulations 
        required by subsection (a) shall not constitute a collection of 
        information for the purposes of subchapter I of chapter 35 of 
        title 44, United States Code (commonly referred to as the 
        Paperwork Reduction Act).
    (h) Emergency Broadband Connectivity Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the Emergency Broadband 
        Connectivity Fund.
            (2) Authorization of appropriations.--There is authorized 
        to be appropriated to the Emergency Broadband Connectivity Fund 
        $8,800,000,000 for fiscal year 2020, to remain available 
        through fiscal year 2021.
            (3) Use of funds.--Amounts in the Emergency Broadband 
        Connectivity Fund shall be available to the Commission for 
        reimbursements to providers under the regulations required by 
        subsection (a).
            (4) Relationship to universal service contributions.--
        Reimbursements provided under the regulations required by 
        subsection (a) shall be provided from amounts made available 
        under this subsection and not from contributions under section 
        254(d) of the Communications Act of 1934 (47 U.S.C. 254(d)), 
        except the Commission may use such contributions if needed to 
        offset expenses associated with the reliance on the National 
        Lifeline Eligibility Verifier to determine eligibility of 
        households to receive the emergency broadband benefit.
    (i) Definitions.--In this section:
            (1) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given 
        such term in section 8.1(b) of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (2) Connected device.--The term ``connected device'' means 
        a laptop or desktop computer or a tablet.
            (3) Eligible household.--The term ``eligible household'' 
        means, regardless of whether the household or any member of the 
        household receives support under subpart E of part 54 of title 
        47, Code of Federal Regulations (or any successor regulation), 
        and regardless of whether any member of the household has any 
        past or present arrearages with a provider, a household in 
        which--
                    (A) at least one member of the household meets the 
                qualifications in subsection (a) or (b) of section 
                54.409 of title 47, Code of Federal Regulations (or any 
                successor regulation);
                    (B) at least one member of the household has 
                applied for and been approved to receive benefits under 
                the free and reduced price lunch program under the 
                Richard B. Russell National School Lunch Act (42 U.S.C. 
                1751 et seq.) or the school breakfast program under 
                section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 
                1773); or
                    (C) at least one member of the household has 
                experienced a substantial loss of income since February 
                29, 2020, documented by layoff or furlough notice, 
                application for unemployment insurance benefits, or 
                similar documentation.
            (4) Emergency broadband benefit.--The term ``emergency 
        broadband benefit'' means a monthly discount for an eligible 
        household applied to the normal rate for an internet service 
        offering, in an amount equal to such rate, but not more than 
        $50, or, if an internet service offering is provided to an 
        eligible household on Tribal land, not more than $75.
            (5) Emergency period.--The term ``emergency period'' means 
        a period that--
                    (A) begins on the date of a determination by the 
                Secretary of Health and Human Services pursuant to 
                section 319 of the Public Health Service Act (42 U.S.C. 
                247d) that a public health emergency exists as a result 
                of COVID-19; and
                    (B) ends on the date that is 6 months after the 
                date on which such determination (including any renewal 
                thereof) terminates, except as such period may be 
                extended under subsection (b)(4).
            (6) Internet service offering.--The term ``internet service 
        offering'' means, with respect to a provider, broadband 
        internet access service provided by such provider to a 
        household, offered in the same manner, and on the same terms, 
        as described in any of such provider's advertisements for 
        broadband internet access service to such household, as on May 
        1, 2020.
            (7) Normal rate.--The term ``normal rate'' means, with 
        respect to an internet service offering by a provider, the 
        advertised monthly retail rate, as of May 1, 2020, including 
        any applicable promotions and excluding any taxes or other 
        governmental fees.
            (8) Provider.--The term ``provider'' means a provider of 
        broadband internet access service.

SEC. 3. ENHANCED LIFELINE BENEFITS DURING EMERGENCY PERIODS.

    (a) Enhanced Minimum Service Standards for Lifeline Benefits During 
Emergency Periods.--During an emergency period--
            (1) the minimum service standard for Lifeline supported 
        mobile voice service shall provide an unlimited number of 
        minutes per month;
            (2) the minimum service standard for Lifeline supported 
        mobile data service shall provide an unlimited data allowance 
        each month and 4G speeds, where available; and
            (3) the Basic Support Amount and Tribal Lands Support 
        Amount, as described in section 54.403 of title 47, Code of 
        Federal Regulations (or any successor regulation), shall be 
        increased by an amount necessary, as determined by the 
        Commission, to offset any incremental increase in cost 
        associated with the requirements in paragraphs (1) and (2).
    (b) Extension of Emergency Period.--An emergency period may be 
extended within a State or any portion thereof for a maximum of six 
months, if the State, or in the case of Tribal land, a Tribal 
government, provides written, public notice to the Commission 
stipulating that an extension is necessary in furtherance of the 
recovery related to COVID-19. The Commission shall, within 48 hours 
after receiving such notice, post the notice on the public website of 
the Commission.
    (c) Regulations.--The Commission shall adopt, on an expedited 
basis, any regulations needed to carry out this section.
    (d) Emergency Period Defined.--In this section, the term 
``emergency period'' means a period that--
            (1) begins on the date of a determination by the Secretary 
        of Health and Human Services pursuant to section 319 of the 
        Public Health Service Act (42 U.S.C. 247d) that a public health 
        emergency exists as a result of COVID-19; and
            (2) ends on the date that is 6 months after the date on 
        which such determination (including any renewal thereof) 
        terminates, except as such period may be extended under 
        subsection (b).

SEC. 4. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE ELIGIBILITY 
              VERIFIER.

    (a) In General.--From amounts appropriated under subsection (d), 
the Commission shall, not later than 7 days after the date of the 
enactment of this Act, make a grant to each State, in an amount in 
proportion to the population of such State, for the purpose of 
connecting the database used by such State for purposes of the 
supplemental nutrition assistance program under the Food and Nutrition 
Act of 2008 (7 U.S.C. 2011 et seq.) to the National Lifeline 
Eligibility Verifier, so that the receipt by a household of benefits 
under such program is reflected in the National Lifeline Eligibility 
Verifier.
    (b) Disbursement of Grant Funds.--Funds under each grant made under 
subsection (a) shall be disbursed to the State receiving such grant not 
later than 7 days after the date of the enactment of this Act.
    (c) Certification to Congress.--Not later than 21 days after the 
date of the enactment of this Act, the Commission shall certify to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate 
that the grants required by subsection (a) have been made and that 
funds have been disbursed as required by subsection (b).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated $200,000,000 to carry out this section for fiscal year 
2020, to remain available through fiscal year 2021.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) National lifeline eligibility verifier.--The term 
        ``National Lifeline Eligibility Verifier'' has the meaning 
        given such term in section 54.400 of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (3) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).
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