[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4317 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4317

To appropriate funds for the Federal Communications Commission's ``rip 
 and replace'' program and Affordable Connectivity Program, to improve 
the Affordable Connectivity Program, to require a spectrum auction, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2024

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

_______________________________________________________________________

                                 A BILL


 
To appropriate funds for the Federal Communications Commission's ``rip 
 and replace'' program and Affordable Connectivity Program, to improve 
the Affordable Connectivity Program, to require a spectrum auction, 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 ``Secure and Affordable Broadband 
Extension Act''.

SEC. 2. ADDITIONAL ``RIP AND REPLACE'' FUNDING.

    (a) Increase in Expenditure Limit.--Section 4(k) of the Secure and 
Trusted Communications Networks Act of 2019 (47 U.S.C. 1603(k)) is 
amended by striking ``$1,900,000,000'' and inserting 
``$4,980,000,000''.
    (b) Appropriation of Funds.--There is appropriated to the Federal 
Communications Commission for fiscal year 2024, out of amounts in the 
Treasury not otherwise appropriated, $3,080,000,000, to remain 
available until expended, to carry out section 4 of the Secure and 
Trusted Communications Networks Act of 2019 (47 U.S.C. 1603).

SEC. 3. IMPROVING THE AFFORDABLE CONNECTIVITY PROGRAM.

    (a) Improving Verification of Eligibility.--
            (1) Required use of national verifier to determine 
        eligibility.--Section 904 of division N of the Consolidated 
        Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
                    (A) in subsection (a)(6)(C), by striking ``or the 
                participating provider verifies eligibility under 
                subsection (a)(2)(B)''; and
                    (B) in subsection (b)(2), by striking ``shall'' and 
                all that follows and inserting the following: ``shall 
                use the National Verifier and National Lifeline 
                Accountability Database.''.
            (2) Repeal of eligibility through a provider's existing 
        low-income program.--Section 904(a)(6) of division N of the 
        Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(a)(6)) is 
        amended--
                    (A) in subparagraph (C), by adding ``or'' at the 
                end;
                    (B) by striking subparagraph (D); and
                    (C) by redesignating subparagraph (E) as 
                subparagraph (D).
            (3) Limitation on eligibility through the community 
        eligibility provision of the free lunch program and the free 
        school breakfast program.--Section 904(a)(6) of division N of 
        the Consolidated Appropriations Act, 2021 (47 U.S.C. 
        1752(a)(6)) is amended by striking subparagraph (B) and 
        inserting the following:
                    ``(B) at least 1 member of the household--
                            ``(i) is eligible for and receives--
                                    ``(I) free or reduced price lunch 
                                under the school lunch program 
                                established under the Richard B. 
                                Russell National School Lunch Act (42 
                                U.S.C. 1751 et seq.); or
                                    ``(II) free or reduced price 
                                breakfast under the school breakfast 
                                program established under section 4 of 
                                the Child Nutrition Act of 1966 (42 
                                U.S.C. 1773); and
                            ``(ii) attends a school the local 
                        educational agency of which does not elect to 
                        receive special assistance payments under 
                        section 11(a)(1)(F) of the Richard B. Russell 
                        National School Lunch Act (42 U.S.C. 
                        1759a(a)(1)(F)).''.
            (4) Reduction of eligible households.--Section 904(a)(6)(A) 
        of division N of the Consolidated Appropriations Act, 2021 (47 
        U.S.C. 1752(a)(6)(A)) is amended by striking ``except that'' 
        and all that follows and inserting a semicolon.
            (5) Effective date; rules.--
                    (A) Definitions.--In this paragraph--
                            (i) the terms ``affordable connectivity 
                        benefit'', ``Commission'', ``eligible 
                        household'', and ``participating provider'' 
                        have the meanings given those terms in section 
                        904(a) of division N of the Consolidated 
                        Appropriations Act, 2021 (47 U.S.C. 1752(a)), 
                        as amended by this subsection; and
                            (ii) the term ``Affordable Connectivity 
                        Program'' means the program established under 
                        section 904(b)(1) of division N of the 
                        Consolidated Appropriations Act, 2021 (47 
                        U.S.C. 1752(b)(1)).
                    (B) Effective date.--Except as provided in 
                subparagraph (C), the amendments made by this 
                subsection shall take effect on the date of enactment 
                of this Act.
                    (C) Enrolled households.--A household that received 
                the affordable connectivity benefit as of April 30, 
                2024, but is no longer an eligible household by reason 
                of the amendments made by this subsection shall 
                nonetheless be treated an eligible household until the 
                date that is 180 days after the date of enactment of 
                this Act.
                    (D) Updating rules.--Not later than 180 days after 
                the date of enactment of this Act, the Commission shall 
                update the rules of the Commission relating to the 
                Affordable Connectivity Program to implement the 
                amendments made by this subsection.
                    (E) Re-certification.--During the period beginning 
                on the date on which the Commission updates the rules 
                under subparagraph (D) and ending on the date that is 
                240 days after the date of enactment of this Act, a 
                participating provider or the Administrator of the 
                Universal Service Administrative Company, as 
                applicable, shall re-certify the eligibility of a 
                household for the Affordable Connectivity Program in 
                accordance with section 54.1806(f) of title 47, Code of 
                Federal Regulations, or any successor regulation, based 
                on the amendments made by this subsection.
    (b) Repeal of Affordable Connectivity Program Device Subsidy.--
Section 904 of division N of the Consolidated Appropriations Act, 2021 
(47 U.S.C. 1752) is amended--
            (1) in subsection (a)--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraphs (5) through (11) as 
                paragraphs (4) through (10), respectively; and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``, or an 
                affordable connectivity benefit and a connected 
                device,'';
                    (B) by striking paragraph (5);
                    (C) by redesignating paragraphs (6) through (15) as 
                paragraphs (5) through (14), respectively;
                    (D) by amending paragraph (5), as so redesignated, 
                to read as follows:
            ``(5) Certification required.--To receive a reimbursement 
        under paragraph (4), a participating provider shall certify to 
        the Commission that each eligible household for which the 
        participating provider is seeking reimbursement for providing 
        an internet service offering discounted by the affordable 
        connectivity benefit--
                    ``(A) 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;
                    ``(B) was not, after December 27, 2020, subject to 
                a mandatory waiting period for such internet service 
                offering based on having previously received broadband 
                internet access service from such participating 
                provider; and
                    ``(C) will otherwise be subject to the 
                participating provider's generally applicable terms and 
                conditions as applied to other customers.'';
                    (E) in paragraph (11), as so redesignated--
                            (i) in subparagraph (D), by striking ``a 
                        connected device or a reimbursement for'';
                            (ii) by striking subparagraph (E);
                            (iii) by redesignating subparagraphs (F) 
                        and (G) as subparagraphs (E) and (F), 
                        respectively; and
                            (iv) in subparagraph (F), as so 
                        redesignated, by striking ``subsection (a)(6)'' 
                        and inserting ``subsection (a)(5)''; and
                    (F) in paragraph (13), as so redesignated, by 
                striking ``paragraph (12)'' and inserting ``paragraph 
                (11)''.
    (c) Antifraud Controls, Performance Goals, and Measures.--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) Antifraud Controls, Performance Goals, and Measures.--
            ``(1) In general.--Not later than 180 days after the date 
        of enactment of this subsection, the Commission shall develop 
        and implement antifraud controls, performance goals, and 
        performance measures for the Affordable Connectivity Program, 
        and in doing so, shall consider the recommendations submitted 
        by the Comptroller General of the United States to the 
        Commission in the report entitled `Affordable Broadband: FCC 
        Could Improve Performance Goals and Measures, Consumer 
        Outreach, and Fraud Risk Management', publicly released January 
        25, 2023 (GAO-23-105399).''.
    (d) Report on Effectiveness.--Not later than 1 year after the date 
of enactment of this Act, the Inspector General of the Federal 
Communications Commission shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a report analyzing the 
effects of this section, including the amendments made by this section, 
with respect to improving the efficiency and quality of 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)).
    (e) Appropriation of Funds.--Section 904(i)(2) of division N of the 
Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(i)(2)) is 
amended--
            (1) in the paragraph heading, by striking ``Appropriation'' 
        and inserting ``Appropriations'';
            (2) by striking ``There is'' and inserting the following:
                    ``(A) Fiscal year 2021.--There is''; and
            (3) by adding at the end the following:
                    ``(B) Fiscal year 2024.--There is appropriated to 
                the Affordable Connectivity Fund, out of any money in 
                the Treasury not otherwise appropriated, $6,000,000,000 
                for fiscal year 2024, to remain available until 
                expended.''.

SEC. 4. REAUCTION OF CERTAIN LICENSES.

    (a) FCC Reauction Authority.--Not later than 2 years after the date 
of enactment of this Act, the Federal Communications Commission, 
without regard to whether the authority of the Commission under 
paragraph (11) of section 309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j)) has expired--
            (1) shall initiate 1 or more systems of competitive bidding 
        under that section to grant licenses for--
                    (A) the bands referred to by the Commission as the 
                ``AWS-3 bands''; and
                    (B) any other unassigned spectrum bands with 
                respect to which the Commission previously offered 
                licenses in competitive bidding, as determined 
                appropriate by the Commission; and
            (2) shall initiate 1 or more systems of competitive bidding 
        under that section to grant licenses for any unassigned 
        spectrum bands, other than the bands auctioned under paragraph 
        (1), with respect to which the Commission--
                    (A) previously offered licenses in competitive 
                bidding; and
                    (B) determines there is sufficient current demand.
    (b) Completion of Reauction.--The Federal Communications Commission 
shall complete each system of competitive bidding described in 
subsection (a), including receiving payments, processing applications, 
and granting licenses, without regard to whether the authority of the 
Commission under paragraph (11) of section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)) has expired.
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