[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4095 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4095

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 29, 2020

 Mr. Wyden (for himself, Mr. Blumenthal, Ms. Hirono, Mr. Schumer, Mrs. 
Gillibrand, Mr. Markey, Mr. Sanders, Mr. Brown, Ms. Harris, Mr. Booker, 
Mr. Merkley, Mr. Menendez, Ms. Klobuchar, Mr. Durbin, Ms. Baldwin, Ms. 
Smith, Mr. Van Hollen, Mr. Bennet, Ms. Rosen, Mrs. Murray, Mr. Cardin, 
  Ms. Warren, Mr. Udall, Mr. Reed, Mr. Schatz, Mr. Heinrich, and Ms. 
  Duckworth) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To provide emergency benefits for broadband service during 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. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Emergency period defined.--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 that--
                            (i) for purposes of section 3, such period 
                        may be extended under section 3(c)(4); and
                            (ii) for purposes of section 4, such period 
                        may be extended under section 4(b).
            (3) 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).
            (4) State.--The term ``State'' has the meaning given such 
        term in section 3 of the Communications Act of 1934 (47 U.S.C. 
        153).

SEC. 3. BENEFIT FOR BROADBAND SERVICE DURING EMERGENCY PERIODS RELATING 
              TO COVID-19.

    (a) 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);
                    (C) not less than 1 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; or
                    (D) not less than 1 member of the household 
                received a Federal Pell Grant under section 401 of the 
                Higher Education Act of 1965 (20 U.S.C. 1070a) for the 
                2019-2020 or 2020-2021 award year.
            (4) Emergency broadband benefit.--The term ``emergency 
        broadband benefit'' means a monthly discount for an eligible 
        household applied to the normal rate or special 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) Internet service offering.--The term ``internet service 
        offering'' means--
                    (A) with respect to a provider that is providing 
                broadband internet access service before the date of 
                enactment of this Act, broadband internet access 
                service provided by such provider to a household, 
                offered in the same manner, and on the same or better 
                terms, as described in any of such provider's 
                advertisements for broadband internet access service to 
                such household, as of May 1, 2020; and
                    (B) with respect to a provider that begins 
                providing broadband internet access service after the 
                date of enactment of this Act, broadband internet 
                access service provided by such provider to a 
                household, offered in the same manner, and on the same 
                or better terms, as described in any of such provider's 
                advertisements for broadband internet access service to 
                such household, that are comparable to the terms of 
                other providers for such service as of May 1, 2020.
            (6) Normal rate.--The term ``normal rate''--
                    (A) 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 or offers, including free or reduced 
                installation fees and excluding any taxes or other 
                governmental fees, or better; and
                    (B) includes, with respect to an internet service 
                offering by a provider, any service offering that the 
                provider makes available only to low-income households.
            (7) Provider.--The term ``provider'' means a provider of 
        broadband internet access service.
            (8) Special rate.--The term ``special rate'' means the 
        monthly retail rate for an internet service offering that has a 
        monthly retail rate or installation fee that is lower than the 
        normal rate for the same speed or offers a higher broadband 
        speed for the same rate as the normal rate, which may be 
        restricted to recipients of the emergency broadband benefit.
    (b) Promulgation of Regulations Required.--Not later than 7 days 
after the date of enactment of this Act, the Commission shall 
promulgate regulations implementing this section.
    (c) Requirements.--The regulations promulgated pursuant to 
subsection (b) shall establish the following:
            (1) Emergency broadband benefit.--During an emergency 
        period, a provider shall--
                    (A) provide an eligible household with an internet 
                service offering, upon request by a member of such 
                household; and
                    (B) discount the price charged to a household 
                described in subparagraph (A) for the 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--
                    (A) use the National Lifeline Eligibility Verifier;
                    (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; or
                    (C) rely on a school to verify the eligibility of a 
                household based on the participation of the household 
                in the national school lunch program described in 
                subsection (a)(3)(B).
            (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 the household is an eligible 
                household.
            (4) Extension of emergency period.--
                    (A) In general.--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.
                    (B) Public notice.--Not later than 48 hours after 
                the Commission receives notice under subparagraph (A), 
                the Commission shall post the notice on the public 
                website of the Commission.
            (5) Reimbursement.--From the Emergency Broadband 
        Connectivity Fund established under subsection (i), 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 (i) 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 or 
                connected device to an eligible household is not more 
                than the normal rate or special rate.
                    (B) That each eligible household for which a 
                provider is seeking reimbursement for providing an 
                internet service offering or connected device 
                discounted by the emergency broadband benefit--
                            (i) has not been and will not be charged--
                                    (I) for such offering, if the 
                                normal rate or special rate for such 
                                offering is not more than $50, or, if 
                                an internet service offering is 
                                provided to an eligible household on 
                                Tribal land, not more than $75; or
                                    (II) more for such offering than 
                                the difference between the normal rate 
                                or special 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;
                            (iii)(I) will not be denied such internet 
                        service offering or connected device based on 
                        consideration of a credit report or credit 
                        score; and
                            (II) in the case of an eligible household 
                        that would traditionally be determined 
                        ineligible based on consideration of a credit 
                        report or credit score, is provided access to--
                                    (aa) the best plan for internet 
                                service offered by the provider with 
                                speeds not less than 25 Mbps downstream 
                                and 3Mbps upstream, if the rate for 
                                such offering is less than $50; or
                                    (bb) if a plan described in item 
                                (aa) is not available for less than 
                                $50, the lowest priced internet service 
                                offering of the provider with speeds 
                                not less than 25 Mbps downstream and 
                                3Mbps upstream;
                            (iv) was not subject to a mandatory waiting 
                        period for such internet service offering or 
                        connected device based on having previously 
                        received broadband internet access service from 
                        such provider; and
                            (v) has attested that the household has not 
                        previously received a connected device under 
                        this provision from another 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.
            (10) Consumer recourse.--The Commission shall adopt an 
        informal process for consumers to report noncompliance with 
        these provisions, under which--
                    (A) a provider about which a report of 
                noncompliance is filed shall provide a response to the 
                report not later than 30 days after the date on which 
                the report is filed;
                    (B) the Commission shall publish each report of 
                noncompliance not later than 14 days after the date on 
                which the report is filed; and
                    (C) each report of noncompliance shall be forwarded 
                to the Enforcement Bureau of the Commission.
    (d) Eligible Providers.--Notwithstanding subsection (f) 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)).
    (e) 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).
    (f) 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 (b), 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.
    (g) 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.
    (h) Exemptions.--
            (1) Notice and comment rulemaking requirements.--Section 
        553 of title 5, United States Code, shall not apply to a 
        regulation promulgated under subsection (b) 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 (b) 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'').
    (i) 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 (b).
            (4) Relationship to universal service contributions.--
        Reimbursements provided under the regulations required by 
        subsection (b) 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.
    (j) Audit.--
            (1) In general.--For each of fiscal years 2020 and 2021, 
        the Inspector General for the Commission and the Enforcement 
        Bureau shall conduct robust auditing of the program established 
        under this section based on the audit requirements established 
        under subsection (c)(9).
            (2) Report.--For each audit conducted under paragraph (1), 
        the Inspector General and the Enforcement Bureau shall submit a 
        report to Congress detailing the findings of the audit.

SEC. 4. 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.--
            (1) In general.--An emergency period may be extended within 
        a State or any portion thereof for a maximum of 6 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.
            (2) Public notice.--Not later than 48 hours after the 
        Commission receives notice under paragraph (1), the Commission 
        shall post the notice on the public website of the Commission.
    (c) Update of Standards.--Not later than 90 days after the date of 
enactment of this Act, the Commission shall update the Lifeline service 
standards in section 54.408 of title 47, Code of Federal Regulations, 
to require all Lifeline-supported mobile broadband services, where 
technically feasible, to offer service that includes, at no additional 
charge, tethering and the same average download speed offered and data 
allowance offered to comparable services that are not part of the 
Lifeline program.
    (d) Regulations.--The Commission shall adopt, on an expedited 
basis, any regulations needed to carry out this section.

SEC. 5. 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.
    (e) Sunset.--The authority in this section shall terminate on the 
date that is 180 days after the date on which the 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 expires.
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