[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3508-S3509]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2049. Mr. MARKEY (for himself, Mr. Bennet, Ms. Hassan, and Mr. Van
Hollen) submitted an amendment intended to be proposed by him to the
bill S. 4049, to authorize appropriations for fiscal year 2021 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of subtitle G of title X, add the following:
SEC. 1085. E-RATE SUPPORT FOR WI-FI HOTSPOTS, OTHER
EQUIPMENT, AND CONNECTED DEVICES DURING
EMERGENCY PERIODS RELATING TO COVID-19.
(a) Definitions.--In this section:
(1) Advanced telecommunications and information services.--
The term ``advanced telecommunications and information
services'' means advanced telecommunications and information
services, as that term is used in section 254(h) of the
Communications Act of 1934 (47 U.S.C. 254(h)).
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Connected device.--The term ``connected device'' means
a laptop computer, tablet computer, or similar device that is
capable of connecting to advanced telecommunications and
information services.
(4) Covered regulations.--The term ``covered regulations''
means the regulations promulgated under subsection (b).
(5) COVID-19 emergency period.--The term ``COVID-19
emergency period'' means the period during which a public
health emergency declared pursuant to section 319 of the
Public Health Service Act (42 U.S.C.
[[Page S3509]]
247d) with respect to COVID-19, including under any renewal
of such declaration, is in effect.
(6) Emergency connectivity fund.--The term ``Emergency
Connectivity Fund'' means the fund established under
subsection (h)(1).
(7) Eligible equipment.--The term ``eligible equipment''
means the following:
(A) Wi-Fi hotspots.
(B) Modems.
(C) Routers.
(D) Devices that combine a modem and router.
(E) Connected devices.
(8) Library.--The term ``library'' includes a library
consortium.
(9) 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).
(10) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving mobile advanced telecommunications and
information services; and
(B) sharing such services with another device through the
use of Wi-Fi.
(b) Regulations Required.--Not later than 7 days after the
date of enactment of this Act, the Commission shall
promulgate regulations providing for the provision, from
amounts made available from the Emergency Connectivity Fund,
of support under section 254(h)(1)(B) of the Communications
Act of 1934 (47 U.S.C. 254(h)(1)(B)) to an elementary school,
secondary school, or library (including a Tribal elementary
school, Tribal secondary school, or Tribal library) eligible
for support under that section, during a COVID-19 emergency
period (including any portion of the period occurring before
the date of enactment of this Act) of eligible equipment or
advanced telecommunications and information services, for use
by--
(1) in the case of a school, students and staff of the
school at locations that include locations other than the
school; and
(2) in the case of a library, patrons of the library at
locations that include locations other than the library.
(c) Eligibility of Tribal Libraries.--For purposes of
determining the eligibility of a Tribal library for support
under the covered regulations, the portion of paragraph (4)
of section 254(h) of the Communications Act of 1934 (47
U.S.C. 254(h)) relating to eligibility for assistance from a
State library administrative agency under the Library
Services and Technology Act (20 U.S.C. 9121 et seq.) shall
not apply.
(d) Prioritization of Support.--The Commission shall
provide in the covered regulations for a mechanism to require
a school or library to prioritize the provision of eligible
equipment or advanced telecommunications and information
services (or both), for which support is received under those
regulations, to students and staff or patrons (as the case
may be) that the school or library believes do not have
access to eligible equipment or advanced telecommunications
and information services (or do not have access to either),
respectively, at the residences of the students and staff or
patrons.
(e) Treatment of Equipment After Emergency Period.--The
Commission shall provide in the covered regulations that, in
the case of a school or library that purchases eligible
equipment using support received under the covered
regulations, the school or library--
(1) may, after the COVID-19 emergency period with respect
to which the support is received, use the equipment for any
purposes that the school or library considers appropriate,
subject to any restrictions provided in the covered
regulations (or any successor regulation); and
(2) may not sell or otherwise transfer the equipment in
exchange for any thing (including a service) of value, except
that the school or library may exchange the equipment for
upgraded equipment of the same type.
(f) Rule of Construction.--Nothing in this section shall be
construed to affect any authority of the Commission under
section 254(h)(1)(B) of the Communications Act of 1934 (47
U.S.C. 254(h)(1)(B)) to allow support under that section to
be used for the purposes described in subsection (b) of this
section other than as required by that subsection.
(g) Procedural Matters.--
(1) 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--
(A) shall apply in whole or in part to support provided
under the covered regulations;
(B) shall not apply in whole or in part to support provided
under the covered regulations; or
(C) shall be modified in whole or in part for purposes of
application to support provided under the covered
regulations.
(2) Exemption from certain rulemaking requirements.--
Subsections (b), (c), and (d) of section 553 of title 5,
United States Code, shall not apply to the covered
regulations or a rulemaking to promulgate the covered
regulations.
(3) Paperwork reduction act exemption.--A collection of
information conducted or sponsored under the covered
regulations, or under section 254 of the Communications Act
of 1934 (47 U.S.C. 254) in connection with support provided
under the covered regulations, 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 Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Emergency
Connectivity Fund''.
(2) Appropriation.--There is appropriated to the Emergency
Connectivity Fund, out of any money in the Treasury not
otherwise appropriated, $4,000,000,000 for fiscal year 2020,
to remain available through fiscal year 2021.
(3) Use of funds.--Amounts in the Emergency Connectivity
Fund shall be available to the Commission to provide support
under the covered regulations.
(4) Relationship to universal service contributions.--
Support provided under the covered regulations shall be
provided from amounts made available under paragraph (3) and
not from contributions under section 254(d) of the
Communications Act of 1934 (47 U.S.C. 254(d)).
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