[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3701 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3701

 To require the Assistant Secretary of Commerce for Communications and 
   Information, in consultation with the Secretary of Education, to 
  promulgate regulations to provide support to institutions of higher 
   education for the provision of certain equipment and services to 
        students of those institutions, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 12, 2020

  Ms. Klobuchar (for herself, Ms. Hirono, Mr. Peters, and Ms. Rosen) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
 To require the Assistant Secretary of Commerce for Communications and 
   Information, in consultation with the Secretary of Education, to 
  promulgate regulations to provide support to institutions of higher 
   education for the provision of certain equipment and services to 
        students of those institutions, 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 ``Supporting Connectivity for Higher 
Education Students in Need Act''.

SEC. 2. FUNDS TO SUPPORT.

    (a) Regulations Required.--
            (1) In general.--Not later than 14 days after the date of 
        enactment of this Act, the Assistant Secretary, in consultation 
        with the Secretary of Education, shall promulgate regulations 
        for the provision, from amounts made available from the 
        Emergency Higher Education Connectivity Fund established under 
        subsection (d)(1), of support to an institution of higher 
        education for the purposes of providing eligible services and 
        eligible equipment to students of that institution.
            (2) Content.--The regulations promulgated under paragraph 
        (1) shall--
                    (A) prioritize support for--
                            (i) an institution of higher education that 
                        is eligible to receive a grant under part A or 
                        B of title III or title V of the Higher 
                        Education Act of 1965 (20 U.S.C. 1057 et seq., 
                        1060 et seq., 1101 et seq.), including--
                                    (I) a historically Black college or 
                                university;
                                    (II) a Hispanic-serving 
                                institution;
                                    (III) a Tribal College or 
                                University; and
                                    (IV) a minority-serving 
                                institution; and
                            (ii) a rural-serving institution;
                    (B) provide a mechanism to require an institution 
                of higher education to prioritize the provision of an 
                eligible service or eligible equipment to a student 
                who--
                            (i) is eligible to receive a Federal Pell 
                        Grant;
                            (ii) is a recipient of any other need-based 
                        financial aid from the Federal Government, a 
                        State, or that institution of higher education;
                            (iii) is eligible for a Lifeline qualifying 
                        assistance program;
                            (iv) is a low-income individual, as that 
                        term is defined in section 312(g) of the Higher 
                        Education Act of 1965 (20 U.S.C. 1058(g));
                            (v) is a first generation college student, 
                        as that term is defined in section 646.7 of 
                        title 34, Code of Federal Regulations (or any 
                        successor regulation);
                            (vi) has been approved to receive Federal 
                        or State unemployment insurance benefits since 
                        March 1, 2020; or
                            (vii) the institution of higher education 
                        believes lacks necessary connectivity for 
                        participating in distance learning or academic 
                        and student support services;
                    (C) establish a schedule of reasonable per-student 
                funding amounts for eligible services and eligible 
                equipment supported under those regulations;
                    (D) provide that--
                            (i) an institution of higher education that 
                        purchases eligible equipment using support 
                        received under those regulations may, after the 
                        termination of those regulations under 
                        subsection (b), use that eligible equipment for 
                        purposes that the institution considers 
                        appropriate, subject to any restrictions 
                        provided in those regulations (or any successor 
                        regulations that are promulgated on or before 
                        the termination date described in paragraph (1) 
                        of that subsection);
                            (ii) no person that receives support under 
                        those regulations may sell or otherwise 
                        transfer eligible support or eligible equipment 
                        in exchange for anything (including a service) 
                        of value, except that such person may exchange 
                        that eligible equipment for upgraded equipment 
                        of the same type; and
                            (iii) an institution of higher education 
                        may use support received under those 
                        regulations to provide eligible services and 
                        eligible equipment in conjunction with other 
                        Federal funding if the total amount of Federal 
                        funding received by the institution is not 
                        greater than the cost of so providing the 
                        eligible services and eligible equipment; and
                    (E) establish reasonable requirements--
                            (i) for an institution of higher education 
                        to apply for support under those regulations;
                            (ii) for an institution of higher education 
                        to procure eligible services and eligible 
                        equipment with support obtained under those 
                        regulations;
                            (iii) with respect to reporting, 
                        recordkeeping, retention of documents, 
                        compliance, and audits for an institution of 
                        higher education that receives support under 
                        those regulations;
                            (iv) for payment and distribution of 
                        support to institutions of higher education 
                        under those regulations; and
                            (v) with respect to any other processes 
                        that the Assistant Secretary, in consultation 
                        with the Secretary of Education, determines to 
                        be appropriate.
    (b) Termination of Regulations.--
            (1) In general.--Subject to paragraph (2), the regulations 
        promulgated under subsection (a) shall terminate on the date 
        that is 60 days after the date on which the public health 
        emergency declared by the Secretary of Health and Human 
        Services under section 319 of the Public Health Service Act (42 
        U.S.C. 247d) with respect to COVID-19, or any renewal of that 
        declaration, terminates.
            (2) Continuity of funding.--If, during the period in which 
        the regulations promulgated under subsection (a) are in effect, 
        the Assistant Secretary makes a commitment to provide support 
        to an institution of higher education under those regulations, 
        the Assistant Secretary may make a payment with respect to that 
        commitment on any date that is on or before September 30, 2021.
    (c) Exemptions.--
            (1) Notice and comment rulemaking requirements.--
        Subsections (b), (c), and (d) of section 553 of title 5, United 
        States Code, shall not apply with respect to a regulation 
        promulgated under subsection (a) of this section or a 
        rulemaking to promulgate such a regulation.
            (2) Paperwork reduction act requirements.--A collection of 
        information conducted or sponsored under the regulations 
        promulgated under 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'').
    (d) Emergency Higher Education Connectivity Fund.--
            (1) Establishment.--There is established in the Treasury of 
        the United States a fund to be known as the ``Emergency Higher 
        Education Connectivity Fund''.
            (2) Appropriation.--There is appropriated to the Emergency 
        Higher Education Connectivity Fund, out of any money in the 
        Treasury not otherwise appropriated, $1,000,000,000 for fiscal 
        year 2020, to remain available through fiscal year 2021.
            (3) Use of funds.--Amounts in the Emergency Higher 
        Education Connectivity Fund shall be available to the Assistant 
        Secretary to provide support under the regulations promulgated 
        under subsection (a).
    (e) Rule of Construction.--Nothing in this section, any regulation 
promulgated under this section, or any policy established by an 
institution of higher education to implement this section or a 
regulation promulgated under this section may be construed to preclude 
any student from receiving support provided under this section or a 
regulation promulgated under this section.
    (f) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Broadband internet access service.--The term 
        ``broadband internet access service'' has the meaning given the 
        term in section 8.1(b) of title 47, Code of Federal Regulations 
        (or any successor regulation).
            (3) Eligible equipment.--The term ``eligible equipment'' 
        means any of the following:
                    (A) A laptop computer, tablet computer, or similar 
                device capable of connecting to broadband internet 
                access service.
                    (B) A modem.
                    (C) A router.
                    (D) A device that combines a modem and a router.
                    (E) A Wi-Fi hotspot.
            (4) Eligible service.--The term ``eligible service'' 
        means--
                    (A) broadband internet access service; and
                    (B) video-conferencing systems and services used 
                for distance learning.
            (5) Federal pell grant.--The term ``Federal Pell Grant'' 
        means a grant under section 401 of the Higher Education Act of 
        1965 (20 U.S.C. 1070a).
            (6) Hispanic-serving institution.--The term ``Hispanic-
        serving institution'' has the meaning given the term in section 
        502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
            (7) Historically black college or university.--The term 
        ``historically Black college or university'' has the meaning 
        given the term ``part B institution'' in section 322 of the 
        Higher Education Act of 1965 (20 U.S.C. 1061).
            (8) Institution of higher education.--The term 
        ``institution of higher education'' means--
                    (A) an institution of higher education, as that 
                term is defined in section 101 of the Higher Education 
                Act of 1965 (20 U.S.C. 1001); or
                    (B) a postsecondary vocational institution, as that 
                term is defined in section 102(c) of the Higher 
                Education Act of 1965 (20 U.S.C. 1002(c)).
            (9) Lifeline qualifying assistance program.--The term 
        ``Lifeline qualifying assistance program'' means a program 
        described in section 54.400(j) of title 47, Code of Federal 
        Regulations (or any successor regulation).
            (10) Minority-serving institution.--The term ``minority-
        serving institution'' means any of the following:
                    (A) An Alaska Native-serving institution (as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b))).
                    (B) A Native Hawaiian-serving institution (as that 
                term is defined in section 317(b) of the Higher 
                Education Act of 1965 (20 U.S.C. 1059d(b))).
                    (C) A Predominantly Black institution (as that term 
                is defined in section 371(c) of the Higher Education 
                Act of 1965 (20 U.S.C. 1067q(c))).
                    (D) An Asian American and Native American Pacific 
                Islander-serving institution (as that term is defined 
                in section 320(b) of the Higher Education Act of 1965 
                (20 U.S.C. 1059g(b))).
                    (E) A Native American-serving, nontribal 
                institution (as that term is defined in section 319(b) 
                of the Higher Education Act of 1965 (20 U.S.C. 
                1059f(b))).
                    (F) A consortium of any of the following:
                            (i) A historically Black college or 
                        university.
                            (ii) A Hispanic-serving institution.
                            (iii) A Tribal College or University.
                            (iv) An institution described in any of 
                        subparagraphs (A) through (E).
            (11) Rural-serving institution.--The term ``rural-serving 
        institution'' has the meaning given the term ``rural-serving 
        institution of higher education'' in section 861(b) of the 
        Higher Education Act of 1965 (20 U.S.C. 1161q(b)).
            (12) State.--The term ``State'' has the meaning given the 
        term in section 103 of the Higher Education Act of 1965 (20 
        U.S.C. 1003).
            (13) Student.--The term ``student'', when used with respect 
        to an institution of higher education, means an individual who, 
        during the period in which the individual receives support 
        under the regulations promulgated under subsection (a), is--
                    (A) registered as a student with the institution;
                    (B) enrolled in not less than 1 class of the 
                institution; or
                    (C) otherwise considered a student by the 
                institution.
            (14) Tribal college or university.--The term ``Tribal 
        College or University'' has the meaning given the term in 
        section 316 of the Higher Education Act of 1965 (20 U.S.C. 
        1059c).
            (15) Wi-Fi.--The term ``Wi-Fi'' means a wireless networking 
        protocol based on Institute of Electrical and Electronics 
        Engineers standard 802.11 (or any successor standard).
            (16) Wi-Fi hotspot.--The term ``Wi-Fi hotspot'' means a 
        device that is capable of--
                    (A) receiving broadband internet access service; 
                and
                    (B) sharing broadband internet access service with 
                another device through the use of Wi-Fi.
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