[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.

                                  [all]