[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3558-S3559]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2024. Mr. LUJAN (for himself, Mr. Welch, Mr. Vance, Mr. Wicker, 
Mr. Daines, and Ms. Rosen) submitted an amendment intended to be 
proposed to amendment SA 1911 proposed by Ms. Cantwell (for herself, 
Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the bill H.R. 3935, to amend 
title 49, United States Code, to reauthorize and improve the Federal 
Aviation Administration and other civil aviation programs, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                   TITLE XIV--COMMUNICATIONS MATTERS

     SEC. 1401. 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. 1402. 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 or 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 school 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.

[[Page S3559]]

       (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) in paragraph (2), by striking ``subsection (b)(6)(C)'' 
     and inserting ``subsection (b)(5)(C)'';
       (C) by striking paragraph (5);
       (D) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively;
       (E) 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.'';
       (F) 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
       (G) 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 
     of division N of the Consolidated Appropriations Act, 2021 
     (47 U.S.C. 1752).
       (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. 1403. 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.
                                 ______