[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.
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