[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Pages S5589-S5590]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2168. Mr. WARNOCK submitted an amendment intended to be proposed
to amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for
herself, Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms.
Collins, Mr. Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the
bill H.R. 3684, to authorize funds for Federal-aid highways, highway
safety programs, and transit programs, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place in division F, insert the
following:
SEC. 60___. ACCESS TO DEVICES.
(a) Short Title.--This section may be cited as the ``Device
Access for Every American Act''.
(b) Findings.--Congress finds that--
(1) approximately 25 percent of adults in the United States
do not own a computer;
(2) 4,400,000 households with students still lack
consistent access to a computer, which prevents those
students from completing schoolwork;
(3) there are no reliable estimates about the number of
students forced to share a computer with another member of
their household, potentially forcing the household to choose
between important online activities such as work and
learning;
(4) for those households without a computer or tablet, most
cannot afford one; and
(5) while computer access is nearly ubiquitous among high-
income households, 40 percent of low-income adults lack a
computer.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Connected device.--The term ``connected device'' means
any of the following:
(A) A desktop computer.
(B) A laptop computer.
(C) A tablet computer.
(D) Any similar device (except for a telephone or
smartphone) that the Commission determines should be eligible
for the use of a voucher under the program.
(3) Eligible expenses.--The term ``eligible expenses''
means, with respect to a connected device--
(A) the retail price of the connected device;
(B) any sales taxes collected by the retailer with respect
to the sale of the connected device;
(C) any shipping charges assessed by the retailer with
respect to the connected device; and
(D) any reasonable (as defined by the Commission) product
warranty and technical support services.
(4) Eligible individual.--The term ``eligible individual''
means an individual who is a member of an eligible household,
as defined in section 904(a)(6) of division N of the
Consolidated Appropriations Act, 2021 (Public Law 116-260),
except that--
(A) in determining under subparagraph (A) of such section
904(a)(6) for purposes of this paragraph whether at least 1
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, paragraph
(1) of such subsection (a) shall be applied by striking ``135
percent'' and inserting ``150 percent''; and
(B) subparagraphs (C) and (E) of such section 904(a)(6)
shall not apply for purposes of this paragraph.
(5) Program.--The term ``Program'' means the program
established under subsection (d).
(d) Connected Device Voucher Program.--
(1) Establishment; regulations.--Not later than 180 days
after the date of enactment of this Act, the Commission shall
establish, and promulgate regulations to implement in
accordance with this section, a program through which--
(A) an eligible individual may obtain a voucher that can be
applied toward the purchase of a connected device from a
retailer; and
(B) the Commission reimburses the retailer in an amount
equal to the lesser of--
(i) the amount of the voucher; or
(ii) the eligible expenses with respect to the connected
device.
(2) Amount of voucher.--
(A) In general.--The amount of a voucher under the Program
shall be $400, as such amount may be adjusted by the
Commission under subparagraph (B).
(B) Reevaluation; adjustment.--Not later than 3 years after
the date on which the Commission promulgates regulations
under paragraph (1), and every 3 years thereafter, the
Commission shall--
(i) reevaluate the amount of the voucher; and
(ii) after conducting such reevaluation, if necessary to
ensure that the voucher reflects the average amount of
eligible expenses with respect to a connected device, adjust
the amount of the voucher.
(C) Price of connected device exceeding amount of
voucher.--If the eligible expenses with respect to a
connected device exceed the amount of the voucher, an
eligible individual may--
(i) apply the voucher to such expenses; and
(ii) pay the remainder of such expenses to the retailer
from other funds available to the individual.
(3) Number and frequency of vouchers.--An eligible
individual may obtain 1 voucher under the Program every 4
years, except that not more than 2 eligible individuals per
household may obtain a voucher under the Program every 4
years.
(4) Minimum standards for connected devices.--
(A) In general.--A voucher under the Program may not be
applied toward the purchase of a connected device unless the
connected device meets minimum standards to ensure that
connected devices meet the needs of the average user, which
the Commission shall establish in the regulations promulgated
under paragraph (1).
(B) Reevaluation; revision.--Not later than 3 years after
the date on which the Commission promulgates regulations
under paragraph (1), and every 3 years thereafter, the
Commission shall--
(i) reevaluate the minimum standards established under
subparagraph (A); and
(ii) after conducting such reevaluation, if necessary to
ensure that connected devices continue to meet the needs of
the average user, revise such minimum standards.
(C) Standards for new and refurbished devices.--The
Commission may establish separate minimum standards under
subparagraph (A) for new connected devices and for
refurbished connected devices.
(5) Collaboration with retailers.--
(A) In general.--The Commission shall collaborate with
retailers to ensure the wide acceptance of vouchers and the
wide availability of covered devices that will be free of
charge to consumers after applying a voucher.
(B) Website.--The Commission shall establish a website,
which shall--
(i) link to offerings by retailers of connected devices
eligible for the use of a voucher under the Program so that a
consumer may initiate the purchase of such a device using the
voucher through the website; and
(ii) if the number of vouchers available over a particular
time period is limited, indicate the number of vouchers
remaining.
(C) Catalog.--The Commission shall establish a catalog,
which shall--
(i) be accessible to consumers without internet access and
include offerings by retailers of connected devices eligible
for the use of a voucher under the Program; and
(ii) if the number of vouchers available over a particular
time period is limited, indicate the number of vouchers
remaining.
(6) Advertisement of program.--The Commission shall
advertise the availability of the Program, including by
carrying out advertising campaigns in collaboration with
retailers of connected devices.
(7) Technical assistance.--The Commission shall provide
technical assistance to retailers, eligible individuals, and
community-based organizations regarding participation in the
Program.
(8) Authorization of appropriations.--There is authorized
to be appropriated to the Commission for fiscal year 2022, to
remain available until September 30, 2026, $2,000,000,000 to
carry out this section, of which not more than 3 percent may
be used to administer and promote the Program.
(e) Enforcement.--
(1) Violations.--A violation of this section or a
regulation promulgated under this section 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.
(2) Enforcement manner.--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 (47
U.S.C. 151 et seq.) were incorporated into and made a part of
this section.
(3) Use of universal service administrative company
permitted.--The Commission shall have the authority to avail
itself of the services of the Universal Service
Administrative Company to implement the Program,
[[Page S5590]]
including developing and processing reimbursements and
distributing funds.
(f) Paperwork Reduction Act Requirements.--A collection of
information conducted or sponsored under the regulations
required under subsection (d) shall not constitute a
collection of information for the purposes of subchapter I of
chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act'').
(g) Privacy Act.--The requirement to publish notices
related to system of records notices or computer matching
agreements of the agency before implementation required under
paragraphs (4), (11), and (12) of section 552a(e) and to
provide adequate advanced notice under section 552a(r) of
title 5, United States Code (commonly known as the ``Privacy
Act of 1974'') shall not apply when the matching program is
necessary to determine eligibility under the Program, except
that the notices shall be--
(1) sent to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on
Oversight and Reform of the House of Representatives, and the
Office of Management and Budget; and
(2) simultaneously submitted for publication in the Federal
Register.
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