[House Report 117-552]
[From the U.S. Government Publishing Office]
117th Congress} { Report
2d Session } HOUSE OF REPRESENTATIVES { 117-552
======================================================================
ENSURING PHONE AND INTERNET ACCESS THROUGH LIFELINE AND AFFORDABLE
CONNECTIVITY PROGRAM ACT OF 2022
_______
November 14, 2022.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 4275]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4275) to provide for certain reports on
enrollment in the Lifeline program, and for other purposes,
having considered the same, reports favorably thereon with an
amendment and recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary.............................................2
II. Background and Need for the Legislation.........................2
III. Committee Hearings..............................................3
IV. Committee Consideration.........................................3
V. Committee Votes.................................................3
VI. Oversight Findings..............................................6
VII. New Budget Authority, Entitlement Authority, and Tax Expenditure6
VIII. Congressional Budget Office Estimate............................6
IX. Federal Mandates Statement......................................7
X. Statement of General Performance Goals and Objectives...........7
XI. Duplication of Federal Programs.................................7
XII. Committee Cost Estimate.........................................8
XIII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....8
XIV. Advisory Committee Statement....................................8
XV. Applicability to Legislative Branch.............................8
XVI. Section-by-Section Analysis of the Legislation..................8
XVII. Changes in Existing Law Made by the Bill, as Reported...........9
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Phone and Internet Access
Through Lifeline and Affordable Connectivity Program Act of 2022''.
SEC. 2. REPORTS ON ENROLLMENT IN CERTAIN PROGRAMS.
(a) Annual Report on Enrollment in Lifeline and Affordable
Connectivity Programs Through Qualifying Programs.--Not later than 1
year after the date of the enactment of this Act, and annually
thereafter for 2 calendar years after the calendar year during which
the first report is submitted under this subsection, the Commission
shall submit to Congress a report on--
(1) enrollment in the Lifeline program by individuals
participating in each of the Lifeline qualifying programs,
broken out by each of the Lifeline qualifying programs, to the
extent the Commission holds or has access to the necessary data
relating to such enrollment; and
(2) enrollment in the Affordable Connectivity Program by
individuals participating in each of the Affordable
Connectivity Program qualifying programs, broken out by each of
the Affordable Connectivity Program qualifying programs, to the
extent the Commission holds or has access to the necessary data
relating to such enrollment.
(b) GAO Study and Report on Efforts to Promote Enrollment in Lifeline
and Affordable Connectivity Programs.--Not later than 1 year after the
date of the enactment of this Act, the Comptroller General of the
United States shall submit a report to Congress identifying outreach
and publicity efforts to promote participation and enrollment in the
Lifeline program and, separately, the Affordable Connectivity Program.
(c) Definitions.--In this section:
(1) Affordable connectivity program qualifying program.--The
term ``Affordable Connectivity Program qualifying program''
means the programs set forth in paragraphs (1), (3), (4), and
(6) of section 54.1800(j) of title 47, Code of Federal
Regulations, or any successor regulation.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Lifeline qualifying program.--The term ``Lifeline
qualifying program'' means the programs set forth in
subsections (a)(2) and (b) of section 54.409 of title 47, Code
of Federal Regulations, or any successor regulation.
I. PURPOSE AND SUMMARY
H.R. 4275, the ``Ensuring Phone and Internet Access Through
Lifeline and Affordable Connectivity Program Act of 2022,''
requires the Federal Communications Commission (FCC) to
annually, for two years, submit a report to Congress on
enrollment in Lifeline and, separately, the Affordable
Connectivity Program, broken down by how individuals
participating in each of the programs qualify for enrollment.
The FCC will use only information for the report to which it
already has access. The legislation also requires the
Government Accountability Office (GAO) to submit a report to
Congress identifying outreach and publicity efforts to promote
participation and enrollment in the Lifeline program and the
Affordable Connectivity Program, including the outreach
requirement in the Infrastructure Investment and Jobs Creation
Act.
II. BACKGROUND AND NEED FOR LEGISLATION
Lifeline and the Affordable Connectivity Program (ACP) are
programs that allow millions of American families across the
country to have access to phone service or high-speed
broadband. Individuals who qualify for the Supplemental
Nutrition Program (SNAP), Medicaid, Supplemental Security
Income (SSI), Federal Public Housing Assistance (FPHA),
Veterans Pensions and Survivor Benefits all qualify for
Lifeline and ACP. The goal of this legislation is for Congress
to gain a better understanding of how participating households
qualify for the programs, as well as identify outreach and
publicity efforts to promote participation and enrollment in
the Lifeline program and, separately, the Affordable
Connectivity Program.
III. COMMITTEE HEARINGS
For the purposes of section 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 4275:
The Subcommittee on Communications and Technology held a
hearing on May 24, 2022. The hearing was entitled,
``Strengthening our Communications Networks: Legislation to
Connect and Protect.'' The Subcommittee received testimony from
the following witnesses:
Mark Gibson, Director, Business Development
& Spectrum Policy, CommScope and Regulatory Officer of
the OnGo Alliance;
Anna M. Gomez, Partner, Wiley Rein LLP;
Thomas E. Kadri, Ph.D., Assistant Professor,
University of Georgia School of Law; and
Alisa Valentin, Ph.D., Senior Director of
Technology and Telecommunications, National Urban
League.
IV. COMMITTEE CONSIDERATION
H.R. 4275, the ``Ensuring Phone and Internet Access for
SNAP Recipients Act of 2022,'' was introduced on June 30, 2021,
by Representatives Luria (D-VA) and Katko (R-NY) and was
referred to the Committee on Energy and Commerce. Subsequently,
the bill was referred to the Subcommittee on Communications and
Technology on July 1, 2021.
On June 15, 2022, the Subcommittee on Communications and
Technology met in open markup session, pursuant to notice, to
consider H.R. 4275 and five other bills. During consideration
of the bill, an amendment in the nature of a substitute (AINS),
offered by Representative Pallone (D-NJ), was agreed to by a
voice vote. Upon conclusion of consideration of the bill, the
Subcommittee on Communications and Technology agreed to a
motion on final passage offered by Representative Doyle (D-PA),
Chairman of the Subcommittee, to order H.R. 4275 reported
favorably to the full Committee, amended, by a voice vote.
On July 13, 2022, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4275 and four
other bills. During consideration of the bill, no amendments
were offered. Upon conclusion of consideration of the bill, the
full Committee agreed to a motion on final passage offered by
Representative Pallone, Chairman of the Committee, to order
H.R. 4275 reported favorably to the House, as amended, by a
roll call vote of 48 yeas to 0 nays.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there was one record vote taken on H.R.
4275, including a motion by Mr. Pallone ordering H.R. 4275
favorably reported to the House, as amended by the Subcommittee
on Communications and Technology. The motion on final passage
of the bill was approved by a record vote of 48 yeas to 0 nays.
The following are the record votes taken during Committee
consideration, including the names of those members voting for
and against:
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
VIII. CONGRESSIONAL BUDGET OFFICE ESTIMATE
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 9, 2022.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4275, the Ensuring
Phone and Internet Access Through Lifeline and Affordable
Connectivity Program Act of 2022.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is David Hughes.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
H.R. 4275 would require the Federal Communications
Commission (FCC) to report to the Congress annually on
enrollment in its Lifeline program and its Affordable
Connectivity Program, disaggregated by how applicants qualify
for support. For example, Lifeline applicants may qualify based
on prior enrollment in Medicaid, the Supplemental Nutrition
Assistance Program, or the Supplemental Security Income
program. Affordable Connectivity Program qualifications are
similar.
The FCC, through the Universal Service Administrative
Company, already collects this information and publishes it
online. CBO estimates that any additional costs to report to
the Congress would not be significant. Moreover, because the
FCC is authorized to collect fees each year sufficient to
offset the appropriated costs of its regulatory activities, CBO
estimates that the net cost to the FCC would be negligible,
assuming appropriation actions consistent with that authority.
In addition, the bill would require the Government
Accountability Office, within one year of enactment, to report
on efforts to promote participation and enrollment in both
programs. CBO estimates the report would cost less than
$500,000; any additional spending would be subject to the
availability of appropriated funds.
If the FCC increased fees to offset the costs associated
with implementing the act, H.R. 4275 would increase the cost of
an existing mandate on private entities required to pay those
fees. CBO estimates that the incremental cost of that mandate
would be small and fall below the annual threshold established
in the Unfunded Mandates Reform Act (UMRA) ($184 million in
2022, adjusted annually for inflation).
H.R. 4275 contains no intergovernmental mandates as defined
in UMRA.
The CBO staff contacts for this estimate are David Hughes
(for federal costs) and Rachel Austin (for mandates). The
estimate was reviewed by H. Samuel Papenfuss, Deputy Director
of Budget Analysis.
IX. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
X. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is for
Congress to know the number of Americans in the Lifeline
program and the Affordable Connectivity program, broken out by
each of the Lifeline qualifying programs.
XI. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 4275 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XII. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XIII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4275 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIV. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XVI. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Ensuring Phone and Internet Access Through Lifeline and
Affordable Connectivity Program Act of 2022.''
Sec. 2. Reports on enrollment in certain programs
Section 2 requires the Commission no later than one year
after the date of enactment, and annually thereafter for two
calendar years after the calendar year during which the first
report is submitted, to submit a report to Congress. This
report must include (1) enrollment in the Lifeline program by
individuals participating in each of the Lifeline qualifying
programs, broken out by each of the Lifeline qualifying
programs, to the extent the FCC holds or has access to the
necessary data relating to such enrollment; and (2) the
enrollment in the Affordable Connectivity Program by
individuals participating in each of the Affordable
Connectivity Program qualifying programs, broken out by each of
the Affordable Connectivity Program qualifying programs, to the
extent the Commission holds or has access to the necessary
data.
This section also requires the GAO to submit a report to
Congress identifying outreach and publicity efforts to promote
participation and enrollment in the Lifeline program and,
separately, the Affordable Connectivity Program one year after
the date of enactment, including the outreach requirement in
the Infrastructure Investment and Jobs Act.
Finally, this section defines the Affordable Connectivity
Program, FCC, and Lifeline Qualifying Programs.
XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
4275.
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