[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.
                                 ______