[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4208 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4208

  To authorize annual appropriations for the Affordable Connectivity 
Program, to expand the Universal Service Fund to support the Affordable 
             Connectivity Program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 30, 2024

 Mr. Fetterman introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To authorize annual appropriations for the Affordable Connectivity 
Program, to expand the Universal Service Fund to support the Affordable 
             Connectivity Program, 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 ``Promoting Affordable Connectivity 
Act of 2024''.

SEC. 2. CLARIFICATION OF RELATIONSHIP TO UNIVERSAL SERVICE 
              CONTRIBUTIONS; FCC BORROWING AUTHORITY FOR AFFORDABLE 
              CONNECTIVITY PROGRAM.

    Section 904(i) of division N of the Consolidated Appropriations 
Act, 2021 (47 U.S.C. 1752(i)) is amended--
            (1) by striking paragraph (4);
            (2) by redesignating paragraph (5) as paragraph (4); and
            (3) by adding at the end the following:
            ``(5) Borrowing authority.--
                    ``(A) In general.--During the 2-year period 
                beginning on the date of enactment of the Promoting 
                Affordable Connectivity Act of 2024, the Commission may 
                borrow from the Treasury of the United States an amount 
                not to exceed $25,000,000,000, to be used in the same 
                manner as amounts in the Affordable Connectivity Fund.
                    ``(B) Reimbursement.--Not later than 8 years after 
                the date as of which the amendments made by subsections 
                (a) and (b)(1) of section 3 of the Promoting Affordable 
                Connectivity Act of 2024 have been implemented, as 
                determined by the Commission, the Commission shall, 
                using amounts from the Federal universal service 
                support mechanisms, reimburse the general fund of the 
                Treasury for any amounts borrowed under subparagraph 
                (A) of this paragraph.''.

SEC. 3. EXPANSION OF UNIVERSAL SERVICE FUND TO SUPPORT AFFORDABLE 
              CONNECTIVITY PROGRAM.

    (a) Expansion of Universal Service Fund Contribution Base To 
Include Edge Providers and Broadband Providers.--Section 254 of the 
Communications Act of 1934 (47 U.S.C. 254) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (2), by inserting ``in a manner 
                that promotes digital equity (as defined in section 
                60302 of the Digital Equity Act of 2021 (47 U.S.C. 
                1721))'' after ``all regions of the Nation''; and
                    (B) in paragraph (4), by inserting ``, all 
                providers of edge services, all broadband providers, 
                and all enterprise broadband service providers'' after 
                ``providers of telecommunications services'';
            (2) in subsection (d)--
                    (A) in the subsection heading, by inserting ``, 
                Edge Provider, and Broadband Provider'' after 
                ``Telecommunications Carrier'';
                    (B) by striking ``Every'' and inserting the 
                following:
            ``(1) In general.--Every'';
                    (C) in the first sentence of paragraph (1), as so 
                designated, by inserting ``, every edge provider, every 
                broadband provider, and every enterprise broadband 
                service provider'' after ``Every telecommunications 
                carrier that provides interstate telecommunications 
                services''; and
                    (D) by adding at the end the following:
            ``(2) Assessments.--In determining contribution assessments 
        from all applicable carriers and providers for the preservation 
        and advancement of universal service under paragraph (1), the 
        Commission shall prioritize assessing greater contributions--
                    ``(A) for edge services with respect to which the 
                assessment is least likely to be directly passed on as 
                increased costs to consumers through an explicit fee on 
                invoices; and
                    ``(B) from edge providers whose annual revenue 
                (including revenue from any subsidiary edge provider) 
                is greater than $5,000,000,000.'';
            (3) in subsection (f), by adding at the end the following: 
        ``For the purposes of this subsection, broadband internet 
        access service, enterprise broadband service, and edge services 
        shall be considered to be inherently interstate services.''; 
        and
            (4) by adding at the end the following:
    ``(m) Definitions.--For purposes of this section:
            ``(1) Broadband internet access service.--The term 
        `broadband internet access service'--
                    ``(A) has the meaning given the term in section 
                8.1(b) of title 47, Code of Federal Regulations, or any 
                successor regulation; and
                    ``(B) does not include enterprise broadband 
                service.
            ``(2) Broadband provider.--The term `broadband provider' 
        means a provider of broadband internet access service.
            ``(3) Edge provider.--The term `edge provider'--
                    ``(A) means an entity whose primary or only 
                business revenue is derived from providing an edge 
                service; and
                    ``(B) does not include--
                            ``(i) the Federal Government, a State, a 
                        political subdivision of a State, an Indian 
                        Tribe (as defined in section 4 of the Indian 
                        Self-Determination and Education Assistance Act 
                        (25 U.S.C. 5304)), or any agency thereof;
                            ``(ii) any organization that is described 
                        in subsection (c) of section 501 of the 
                        Internal Revenue Code of 1986 and exempt from 
                        tax under subsection (a) of that section;
                            ``(iii) any dual or concurrent enrollment 
                        program, early childhood education program, 
                        early college high school, educational service 
                        agency, elementary school, or secondary school, 
                        as those terms are defined in section 8101 of 
                        the Elementary and Secondary Education Act of 
                        1965 (20 U.S.C. 7801);
                            ``(iv) any area career and technical 
                        education school, as defined in section 3 of 
                        the Carl D. Perkins Career and Technical 
                        Education Act of 2006 (20 U.S.C. 2302); or
                            ``(v) any institution of higher education, 
                        as defined in section 102 of the Higher 
                        Education Act of 1965 (20 U.S.C. 1002).
            ``(4) Edge service.--The term `edge service'--
                    ``(A) means a service that--
                            ``(i) requires the user to subscribe or 
                        establish an account in order to--
                                    ``(I) access or publish content 
                                that is available publicly; or
                                    ``(II) access, post, or publish 
                                content for individuals approved by the 
                                user;
                            ``(ii) allows the user to purchase, 
                        download, or access content, applications, or 
                        services from the edge provider without a 
                        subscription or account;
                            ``(iii) enables the user to initiate a 
                        search query for particular information using 
                        the internet and is capable of returning at 
                        least 1 search result unaffiliated with the 
                        provider of the service;
                            ``(iv) is a cloud computing or digital 
                        advertising service; or
                            ``(v) requires or allows the user to 
                        divulge personally identifiable information of 
                        the user;
                    ``(B) includes a service described in subparagraph 
                (A) that is provided through a software program, 
                including a mobile application; and
                    ``(C) does not include an online patient portal 
                operated by a hospital or other health care provider.
            ``(5) Enterprise broadband service.--The term `enterprise 
        broadband service' means any communications product or service, 
        regardless of regulatory classification, that--
                    ``(A) is primarily offered to business entities to 
                support or manage business operations;
                    ``(B) is not ordinarily offered to mass market 
                customers; and
                    ``(C) includes transmission or a combination of 
                transmission and information processing, whether 
                facilities-based or resold, including dedicated 
                internet access, virtual private networks (commonly 
                known as `VPNs'), wide area networks (commonly known as 
                `WANs'), multi-protocol label switching-enabled 
                services, and ethernet services.
            ``(6) Enterprise broadband service provider.--The term 
        `enterprise broadband service provider' means a provider of 
        enterprise broadband service.
            ``(7) Personally identifiable information.--The term 
        `personally identifiable information' means information 
        described in clauses (i) through (vi) of subparagraph (A), or 
        subparagraph (B), of section 101(41A) of title 11, United 
        States Code.''.
    (b) Funding for Affordable Connectivity Program From Universal 
Service Fund.--
            (1) Modification of universal service fund.--Section 254(c) 
        of the Communications Act of 1934 (47 U.S.C. 254(c)) is amended 
        by adding at the end the following:
            ``(4) Affordable connectivity program.--The Affordable 
        Connectivity Program established under section 904(b)(1) of 
        division N of the Consolidated Appropriations Act, 2021 (47 
        U.S.C. 1752(b)(1)) shall be supported by the Federal universal 
        service support mechanisms.''.
            (2) Inapplicability of certain requirements.--Section 
        254(e) of the Communications Act of 1934 (47 U.S.C. 254(e)) is 
        amended--
                    (A) by striking ``After the date'' and inserting 
                the following:
            ``(1) In general.--After the date''; and
                    (B) by adding at the end the following:
            ``(2) Inapplicability to certain providers.--
                    ``(A) In general.--The requirements under paragraph 
                (1) shall not apply with respect to the participation 
                of a provider in the Affordable Connectivity Program 
                established under section 904(b)(1) of division N of 
                the Consolidated Appropriations Act, 2021 (47 U.S.C. 
                1752(b)(1)).
                    ``(B) Rule of construction.--Nothing in 
                subparagraph (A) shall be construed to apply with 
                respect to the receipt of Federal universal service 
                support for any purpose other than participation in the 
                Affordable Connectivity Program.''.
            (3) Conforming amendments.--Section 904(b) of division N of 
        the Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(b)) 
        is amended--
                    (A) in paragraphs (1), (4), and (5), by inserting 
                ``or the Universal Service Fund under section 254 of 
                the Communications Act of 1934 (47 U.S.C. 254)'' after 
                ``the Affordable Connectivity Fund established in 
                subsection (i)'' each place that term appears; and
                    (B) in paragraph (12), by inserting ``or the 
                Universal Service Fund under section 254 of the 
                Communications Act of 1934 (47 U.S.C. 254)'' after 
                ``the Affordable Connectivity Fund'' each place that 
                term appears.
    (c) Regulations; Effective Date.--
            (1) Regulations.--
                    (A) In general.--Not later than 2 years after the 
                date of enactment of this Act, the Federal 
                Communications Commission shall promulgate regulations 
                to implement the amendments made by subsections (a) and 
                (b)(1).
                    (B) Staggered implementation.--In promulgating 
                regulations under subparagraph (A), the Federal 
                Communications Commission shall ensure that the 
                amendments made by subsection (a) are implemented not 
                later than 270 days before the amendment made by 
                subsection (b)(1) is implemented.
                    (C) Paperwork reduction act requirements.--A 
                collection of information conducted or sponsored under 
                any regulation promulgated under subparagraph (A) shall 
                not constitute a collection of information for the 
                purposes of subchapter 1 of chapter 35 of title 44, 
                United States Code (commonly referred to as the 
                ``Paperwork Reduction Act'').
            (2) Effective date.--The amendments made by subsections (a) 
        and (b) shall take effect on the date of enactment of this Act.

SEC. 4. ENSURING QUICK APPLICATION OF AFFORDABLE CONNECTIVITY BENEFIT 
              TO USER ACCOUNT.

    (a) In General.--Section 904(b) of division N of the Consolidated 
Appropriations Act, 2021 (47 U.S.C. 1752(b)) is amended--
            (1) by redesignating paragraphs (8) through (15) as 
        paragraphs (9) through (16), respectively; and
            (2) by inserting after paragraph (7) the following:
            ``(8) Timing of application of affordable connectivity 
        benefit to account of eligible household.--
                    ``(A) In general.--Not later than the next billing 
                cycle after the billing cycle in which a participating 
                provider verifies that a household is an eligible 
                household under paragraph (2), the participating 
                provider shall apply the affordable connectivity 
                benefit to the internet service offering specified by 
                the eligible household.
                    ``(B) Guidance.--Not later than 18 months after the 
                date of enactment of the Promoting Affordable 
                Connectivity Act of 2024, the Commission shall issue 
                guidance for participating providers to comply with 
                subparagraph (A).''.
    (b) Conforming Amendment.--Paragraph (15) of section 904(b) of 
division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 
1752(b)), as so redesignated by subsection (a), is amended by striking 
``paragraph (12)'' and inserting ``paragraph (13)''.

SEC. 5. FLEXIBILITY TO MODIFY AFFORDABLE CONNECTIVITY PROGRAM 
              REQUIREMENTS.

    Section 904 of division N of the Consolidated Appropriations Act, 
2021 (47 U.S.C. 1752) is amended by adding at the end the following:
    ``(k) Authority To Revise Program Requirements.--
            ``(1) In general.--As may be appropriate to improve the 
        functionality, administrability, or sustainability of the 
        Affordable Connectivity Program, the Commission may promulgate 
        regulations to alter or eliminate any requirement for the 
        program under this section, including a requirement related to 
        eligibility or benefit reimbursements.
            ``(2) Paperwork reduction act requirements.--A collection 
        of information conducted or sponsored under any regulation 
        promulgated under paragraph (1) shall not constitute a 
        collection of information for the purposes of subchapter 1 of 
        chapter 35 of title 44, United States Code (commonly referred 
        to as the `Paperwork Reduction Act').''.
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