[Congressional Record Volume 169, Number 163 (Wednesday, October 4, 2023)]
[Senate]
[Pages S4951-S4952]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Blumenthal, Mr. Markey, Mr. 
        Welch, Mr. Padilla, Ms. Duckworth, and Ms. Klobuchar):
  S. 3024. A bill to direct the Federal Communications Commission to 
establish a program to make grants available to States to inform 
Medicaid enrollees, SNAP participants, and low-income residents of 
potential eligibility for the Affordable Connectivity and Lifeline 
programs of the Commission, and for other purposes; to the Committee on 
Commerce, Science, and Transportation.
  Mr. DURBIN. Madam President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3024

       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 Access to 
     Broadband Act of 2023''.

     SEC. 2. AFFORDABLE CONNECTIVITY AND LIFELINE ENROLLMENT 
                   OUTREACH GRANTS.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Covered individuals.--The term ``covered individuals'' 
     means--
       (A) Medicaid enrollees;
       (B) SNAP participants; and
       (C) low-income residents.
       (3) Covered program.--The term ``covered program'' means--
       (A) the Affordable Connectivity Program established under 
     section 904(b) of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752(b)), or any 
     successor program; and
       (B) the Lifeline program established under subpart E of 
     part 54 of title 47, Code of Federal Regulations, or any 
     successor regulation.
       (4) Eligible-but-not-enrolled.--The term ``eligible-but-
     not-enrolled'' means, with respect to an individual, that the 
     individual is eligible for, but is not enrolled in, a covered 
     program.
       (5) Indian tribe.--The term ``Indian Tribe'' has the 
     meaning given the term ``Indian tribe'' in section 4 of the 
     Native American Housing Assistance and Self-Determination Act 
     of 1996 (25 U.S.C. 4103).
       (6) Low-income.--The term ``low-income'' means a gross 
     annual income that qualifies a household for participation in 
     a covered program.
       (7) Medicaid enrollee.--The term ``Medicaid enrollee'' 
     means, with respect to a State, an individual enrolled in the 
     State plan under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) or a waiver of that plan.
       (8) Reach.--The term ``reach'' means, with respect to an 
     individual, to inform the individual of potential eligibility 
     for a covered program and to provide the individual with 
     information about the covered program, as described in 
     subsection (e).
       (9) SNAP participant.--The term ``SNAP participant'' means 
     an individual who is a member of a household that 
     participates in the supplemental nutrition assistance program 
     under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
     seq.).
       (10) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, each commonwealth, 
     territory, or possession of the United States, and each 
     Indian Tribe.
       (b) Establishment.--The Commission shall establish a 
     competitive program to make grants available to States to 
     inform covered individuals of potential eligibility for a 
     covered program.
       (c) Application.--
       (1) In general.--The Commission may only award a grant 
     under this section to a State that submits an application at 
     such time, in such form, and with such information and 
     assurances as the Commission may require.
       (2) Matters required to be included.--An application 
     submitted by a State under paragraph (1) shall include--
       (A) the number of covered individuals in the State;
       (B) a plan for the activities that the State will conduct 
     using grant funds, including a list of each agency within the 
     State that will assist in carrying out those activities; and
       (C) an estimate of the percentage of eligible-but-not-
     enrolled individuals in the State who will be reached by 
     those activities.
       (d) Selection.--
       (1) Minimum of 5 states.--The Commission shall award grants 
     under this section to not fewer than 5 States.
       (2) Factors for consideration.--In awarding grants under 
     this section, the Commission shall give favorable 
     consideration--
       (A) to States that have higher numbers of covered 
     individuals; and
       (B) to States proposing, in the plans submitted under 
     subsection (c)(2)(B), to conduct activities that have the 
     potential to reach higher percentages of eligible-but-not-
     enrolled individuals in those States, as determined by the 
     Commission, taking into consideration the estimates submitted 
     under subsection (c)(2)(C).
       (3) Geographic diversity.--In awarding grants under this 
     section, the Commission shall, to the maximum extent 
     practicable, select States from different geographic regions 
     of the United States.
       (e) Use of Funds.--
       (1) In general.--A State that receives a grant under this 
     section shall use grant funds, in accordance with the plan 
     included in the application of the State under subsection 
     (c)(2)(B), to--
       (A) inform covered individuals and organizations or 
     agencies that serve those individuals, as the case may be 
     under the terms of the grant awarded to the State, of 
     potential eligibility for a covered program;
       (B) provide those covered individuals with information 
     about covered programs, including--
       (i) how to apply for a covered program; and
       (ii) a description of the prohibition on more than 1 
     subscriber in each household receiving a service provided 
     under a covered program; and
       (C) partner with nonprofit and community-based 
     organizations to provide those covered individuals with 
     assistance applying for a covered program and information 
     about product and technology choices.
       (2) Multiple state agencies.--A State that receives a grant 
     under this section may provide grant funds to 1 or more 
     agencies located within the State, as identified under 
     subsection (c)(2)(B), to carry out the activities under the 
     grant.
       (f) Outreach to States Regarding Grant Program.--Before 
     accepting applications for the grant program established 
     under this section, the Commission shall conduct outreach to 
     States to ensure that States are aware of the grant program 
     and how to apply for a grant under the grant program.
       (g) Regulations Required.--Not later than 30 days after the 
     date of enactment of this Act, the Commission shall 
     promulgate regulations to implement this section.
       (h) Enforcement.--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

[[Page S4952]]

     seq.) or a regulation promulgated under such Act. 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 were incorporated into and made a 
     part of this section.
       (i) Exemptions.--
       (1) Certain rulemaking requirements.--Section 553 of title 
     5, United States Code, shall not apply to a regulation 
     promulgated under this section or a rulemaking proceeding to 
     promulgate such a regulation.
       (2) Paperwork reduction act requirements.--A collection of 
     information conducted or sponsored under the regulations 
     required under this section 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'').
       (j) Report to Congress.--
       (1) In general.--Not later than 3 years after establishing 
     the grant program under this section, the Commission shall 
     submit to Congress a report evaluating the effectiveness of 
     the grant program.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) the number of individuals notified of covered program 
     eligibility by States receiving grants under this section;
       (B) the number of new applicants to a covered program from 
     States receiving grants under this section, including the 
     number of those applicants who enrolled in a covered program; 
     and
       (C) the cost-effectiveness of the grant program established 
     under this section.
       (k) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Commission such sums as may be 
     necessary to carry out this section for the first 5 full 
     fiscal years beginning after the establishment of the grant 
     program under this section.

     SEC. 3. GRANTS TO STATES TO STRENGTHEN NATIONAL LIFELINE 
                   ELIGIBILITY VERIFIER.

       (a) Definitions.--In this section:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     State that, not later than 30 days after the date of 
     enactment of this Act, submits to the Commission an 
     application for a grant under this section containing such 
     information as the Commission may require.
       (3) State.--The term ``State'' means each State of the 
     United States, the District of Columbia, each commonwealth, 
     territory, or possession of the United States, and each 
     federally recognized Indian Tribe.
       (b) Establishment.--Not later than 90 days after the date 
     of enactment of this Act, the Commission shall establish a 
     program to provide a grant, from amounts appropriated under 
     subsection (e), to each eligible entity for the purpose 
     described in subsection (c).
       (c) Purpose.--The Commission shall make a grant to each 
     eligible entity for the purpose of establishing, renewing, 
     reestablishing, or maintaining or amending a connection 
     between the databases of the eligible entity that contain 
     information concerning the receipt by a household, or a 
     member of a household, of benefits under a program 
     administered by the eligible entity (including any benefit 
     provided under the supplemental nutrition assistance program 
     under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
     seq.)) and the National Lifeline Eligibility Verifier so that 
     the receipt by a household, or a member of a household, of 
     benefits under the benefits program--
       (1) is reflected in the National Lifeline Eligibility 
     Verifier; and
       (2) can be used to verify eligibility for--
       (A) the Lifeline program established under subpart E, part 
     54, of title 47, Code of Federal Regulations, or any 
     successor regulation; and
       (B) the Affordable Connectivity Program established under 
     section 904(b) of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752(b)), or any 
     successor program.
       (d) Disbursement of Grant Funds.--Not later than 120 days 
     after the date on which the Commission establishes the 
     program under subsection (b), funds provided under each grant 
     made under such subsection shall be disbursed to the eligible 
     entity receiving such grant.
       (e) Authorization of Appropriation.--There is authorized to 
     be appropriated such sums as may be necessary to carry out 
     this section.

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