,,ii #aafth ,,congress #b;d ,session ,s4 #djie ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #bi1 #bjbj,mr4 ,wyden 7for himself1 ,mr4 ,blumenthal1 ,ms4 ,hirono1 ,mr4 ,schumer1 ,mrs4 ,gillibrand1 ,mr4 ,markey1 ,mr4 ,sanders1 ,mr4 ,brown1 ,ms4 ,harris1 ,mr4 ,booker1 ,mr4 ,merkley1 ,mr4 ,menendez1 ,ms4 ,klobuchar1 ,mr4 ,durbin1 ,ms4 ,baldwin1 ,ms4 ,smith1 ,mr4 ,van ,hollen1 ,mr4 ,bennet1 ,ms4 ,rosen1 ,mrs4 ,murray1 ,mr4 ,cardin1 ,ms4 ,warren1 ,mr4 ,udall1 ,mr4 ,reed1 ,mr4 ,schatz1 ,mr4 ,heinrich1 and ,ms4 ,duckworth7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide emergency benefits for broadband service during periods relating to ,,covid-#ai1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,emergency ,broadband ,connections ,act of #bjbj4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,emergency period defined ,the term emergency period means a period that-- 7,a7 begins on the date of a determination by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 that a public health emergency exists as a result of ,,covid-#ai2 and 7,b7 ends on the date that is #f months after the date on which such determination 7including any renewal thereof7 terminates1 except that-- 7i7 for purposes of section #c1 such period may be extended under section #c7;c77#d72 and 7ii7 for purposes of section #d1 such period may be extended under section #d7;b74 7#c7 ,national ,lifeline ,eligibility ,verifier ,the term ,national ,lifeline ,eligibility ,verifier has the meaning given such term in section #ed4djj of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#d7 ,state ,the term ,state has the meaning given such term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 #c4 ,benefit for broadband service during emergency periods relating to ,,covid-#ai 7a7 ,definitions ,in this section3 7#a7 ,broadband internet access service ,the term broadband internet access service has the meaning given such term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7#b7 ,connected device ,the term connected device means a laptop or desktop computer or a tablet4 7#c7 ,eligible household ,the term eligible household means1 regardless of whether the household or any member of the household receives support under subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 and regardless of whether any member of the household has any past or present arrearages with a provider1 a household in which-- 7,a7 at least one member of the household meets the qualifications in subsection 7a7 or 7b7 of section #ed4dji of title #dg1 ,code of ,federal ,regulations 7or any successor regulation72 7,b7 at least one member of the household has applied for and been approved to receive benefits under the free and reduced price lunch program under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq47 or the school breakfast program under section #d of the ,child ,nutrition ,act of #aiff 7#db ,u4,s4,c4 #aggc72 7,c7 not less than #a member of the household has experienced a substantial loss of income since ,february #bi1 #bjbj1 documented by layoff or furlough notice1 application for unemployment insurance benefits1 or similar documentation2 or 7,d7 not less than #a member of the household received a ,federal ,pell ,grant under section #dja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajgj;a7 for the #bjai-bjbj or #bjbj-bjba award year4 7#d7 ,emergency broadband benefit ,the term emergency broadband benefit means a monthly discount for an eligible household applied to the normal rate or special rate for an internet service offering1 in an amount equal to such rate1 but not more than #ej1 or1 if an internet service offering is provided to an eligible household on ,tribal land1 not more than #ge4 7#e7 ,internet service offering ,the term internet service offering means-- 7,a7 with respect to a provider that is providing broadband internet access service before the date of enactment of this ,act1 broadband internet access service provided by such provider to a household1 offered in the same manner1 and on the same or better terms1 as described in any of such provider's advertisements for broadband internet access service to such household1 as of ,may #a1 #bjbj2 and 7,b7 with respect to a provider that begins providing broadband internet access service after the date of enactment of this ,act1 broadband internet access service provided by such provider to a household1 offered in the same manner1 and on the same or better terms1 as described in any of such provider's advertisements for broadband internet access service to such household1 that are comparable to the terms of other providers for such service as of ,may #a1 #bjbj4 7#f7 ,normal rate ,the term normal rate-- 7,a7 means1 with respect to an internet service offering by a provider1 the advertised monthly retail rate1 as of ,may #a1 #bjbj1 including any applicable promotions or offers1 including free or reduced installation fees and excluding any taxes or other governmental fees1 or better2 and 7,b7 includes1 with respect to an internet service offering by a provider1 any service offering that the provider makes available only to low-income households4 7#g7 ,provider ,the term provider means a provider of broadband internet access service4 7#h7 ,special rate ,the term special rate means the monthly retail rate for an internet service offering that has a monthly retail rate or installation fee that is lower than the normal rate for the same speed or offers a higher broadband speed for the same rate as the normal rate1 which may be restricted to recipients of the emergency broadband benefit4 7b7 ,promulgation of regulations required ,not later than #g days after the date of enactment of this ,act1 the ,commission shall promulgate regulations implementing this section4 7c7 ,requirements ,the regulations promulgated pursuant to subsection 7b7 shall establish the following3 7#a7 ,emergency broadband benefit ,during an emergency period1 a provider shall-- 7,a7 provide an eligible household with an internet service offering1 upon request by a member of such household2 and 7,b7 discount the price charged to a household described in subparagraph 7,a7 for the internet service offering in an amount equal to the emergency broadband benefit for such household4 7#b7 ,verification of eligibility ,to verify whether a household is an eligible household1 a provider shall-- 7,a7 use the ,national ,lifeline ,eligibility ,verifier2 7,b7 rely upon an alternative verification process of the provider1 if the ,commission finds such process to be sufficient to avoid waste1 fraud1 and abuse2 or 7,c7 rely on a school to verify the eligibility of a household based on the participation of the household in the national school lunch program described in subsection 7a77#c77;,b74 7#c7 ,use of ,national ,lifeline ,eligibility ,verifier ,the ,commission shall-- 7,a7 expedite the ability of all providers to access the ,national ,lifeline ,eligibility ,verifier for purposes of determining whether a household is an eligible household2 and 7,b7 ensure that the ,national ,lifeline ,eligibility ,verifier approves an eligible household to receive the emergency broadband benefit not later than two days after the date of the submission of information necessary to determine if the household is an eligible household4 7#d7 ,extension of emergency period 7,a7 ,in general ,an emergency period may be extended within a ,state or any portion thereof if the ,state1 or in the case of ,tribal land1 a ,tribal government1 provides written1 public notice to the ,commission stipulating that an extension is necessary in furtherance of the recovery related to ,,covid-#ai4 7,b7 ,public notice ,not later than #dh hours after the ,commission receives notice under subparagraph 7,a71 the ,commission shall post the notice on the public website of the ,commission4 7#e7 ,reimbursement ,from the ,emergency ,broadband ,connectivity ,fund established under subsection 7i71 the ,commission shall reimburse a provider in an amount equal to the emergency broadband benefit with respect to an eligible household that receives such benefit from such provider4 7#f7 ,reimbursement for connected device ,a provider that1 in addition to providing the emergency broadband benefit to an eligible household1 supplies such household with a connected device may be reimbursed up to #ajj from the ,emergency ,broadband ,connectivity ,fund established in subsection 7i7 for such connected device1 if the charge to such eligible household is more than #aj but less than #ej for such connected device1 except that a provider may receive reimbursement for no more than one connected device per eligible household4 7#g7 ,no retroactive reimbursement ,a provider may not receive a reimbursement from the ,emergency ,broadband ,connectivity ,fund for providing an internet service offering discounted by the emergency broadband benefit1 or for supplying a connected device1 that was provided or supplied 7as the case may be7 before the date of the enactment of this ,act4 7#h7 ,certification required ,to receive a reimbursement under paragraph 7#e7 or 7#f71 a provider shall certify to the ,commission the following3 7,a7 ,that the amount for which the provider is seeking reimbursement from the ,emergency ,broadband ,connectivity ,fund for an internet service offering or connected device to an eligible household is not more than the normal rate or special rate4 7,b7 ,that each eligible household for which a provider is seeking reimbursement for providing an internet service offering or connected device discounted by the emergency broadband benefit-- 7i7 has not been and will not be charged-- 7,i7 for such offering1 if the normal rate or special rate for such offering is not more than #ej1 or1 if an internet service offering is provided to an eligible household on ,tribal land1 not more than #ge2 or 7,,ii7 more for such offering than the difference between the normal rate or special rate for such offering and the amount of the emergency broadband benefit for such household2 7ii7 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 contract2 7iii7 7,i7 will not be denied such internet service offering or connected device based on consideration of a credit report or credit score2 and 7,,ii7 in the case of an eligible household that would traditionally be determined ineligible based on consideration of a credit report or credit score1 is provided access to-- 7aa7 the best plan for internet service offered by the provider with speeds not less than #be ,mbps downstream and #c,mbps upstream1 if the rate for such offering is less than #ej2 or 7bb7 if a plan described in item 7aa7 is not available for less than #ej1 the lowest priced internet service offering of the provider with speeds not less than #be ,mbps downstream and #c,mbps upstream2 7iv7 was not subject to a mandatory waiting period for such internet service offering or connected device based on having previously received broadband internet access service from such provider2 and 7v7 has attested that the household has not previously received a connected device under this provision from another provider4 7,c7 ,a description of the process used by the provider to verify that a household is an eligible household1 if the provider elects an alternative verification process under paragraph 7#b77;,b71 and that such verification process was designed to avoid waste1 fraud1 and abuse4 7#i7 ,audit requirements ,the ,commission shall adopt audit requirements to ensure that providers are in compliance with the requirements of this section and to prevent waste1 fraud1 and abuse in the emergency broadband benefit program established under this section4 7#aj7 ,consumer recourse ,the ,commission shall adopt an informal process for consumers to report noncompliance with these provisions1 under which-- 7,a7 a provider about which a report of noncompliance is filed shall provide a response to the report not later than #cj days after the date on which the report is filed2 7,b7 the ,commission shall publish each report of noncompliance not later than #ad days after the date on which the report is filed2 and 7,c7 each report of noncompliance shall be forwarded to the ,enforcement ,bureau of the ,commission4 7d7 ,eligible providers ,notwithstanding subsection 7f7 of this section1 the ,commission shall provide a reimbursement to a provider under this section without requiring such provider to be designated as an eligible telecommunications carrier under section #bad7;e7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bad7;e774 7e7 ,rule of construction ,nothing in this section shall affect the collection1 distribution1 or administration of the ,lifeline ,assistance ,program governed by the rules set forth in subpart ,e of part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7f7 ,part #ed regulations ,nothing in this section shall be construed to prevent the ,commission from providing that the regulations in part #ed of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall apply in whole or in part to support provided under the regulations required by subsection 7b71 shall not apply in whole or in part to such support1 or shall be modified in whole or in part for purposes of application to such support4 7g7 ,enforcement ,a violation of this section or a regulation promulgated under this section1 including the knowing or reckless denial of an internet service offering discounted by the emergency broadband benefit to an eligible household that requests such an offering1 shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under such ,act4 ,the ,commission shall enforce this section and the regulations promulgated under this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this section4 7h7 ,exemptions 7#a7 ,notice and comment rulemaking requirements ,section #eec of title #e1 ,united ,states ,code1 shall not apply to a regulation promulgated under subsection 7b7 or a rulemaking to promulgate such a regulation4 7#b7 ,paperwork ,reduction ,act requirements ,a collection of information conducted or sponsored under the regulations required by subsection 7b7 shall not constitute a collection of information for the purposes of subchapter ,i of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act74 7i7 ,emergency ,broadband ,connectivity ,fund 7#a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,emergency ,broadband ,connectivity ,fund4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,emergency ,broadband ,connectivity ,fund #h1hjj1jjj1jjj for fiscal year #bjbj1 to remain available through fiscal year #bjba4 7#c7 ,use of funds ,amounts in the ,emergency ,broadband ,connectivity ,fund shall be available to the ,commission for reimbursements to providers under the regulations required by subsection 7b74 7#d7 ,relationship to universal service contributions ,reimbursements provided under the regulations required by subsection 7b7 shall be provided from amounts made available under this subsection and not from contributions under section #bed7;d7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7;d771 except the ,commission may use such contributions if needed to offset expenses associated with the reliance on the ,national ,lifeline ,eligibility ,verifier to determine eligibility of households to receive the emergency broadband benefit4 7j7 ,audit 7#a7 ,in general ,for each of fiscal years #bjbj and #bjba1 the ,inspector ,general for the ,commission and the ,enforcement ,bureau shall conduct robust auditing of the program established under this section based on the audit requirements established under subsection 7c77#i74 7#b7 ,report ,for each audit conducted under paragraph 7#a71 the ,inspector ,general and the ,enforcement ,bureau shall submit a report to ,congress detailing the findings of the audit4 #d4 ,enhanced lifeline benefits during emergency periods 7a7 ,enhanced minimum service standards for lifeline benefits during emergency periods ,during an emergency period-- 7#a7 the minimum service standard for ,lifeline supported mobile voice service shall provide an unlimited number of minutes per month2 7#b7 the minimum service standard for ,lifeline supported mobile data service shall provide an unlimited data allowance each month and #d;,g speeds1 where available2 and 7#c7 the ,basic ,support ,amount and ,tribal ,lands ,support ,amount1 as described in section #ed4djc of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 shall be increased by an amount necessary1 as determined by the ,commission1 to offset any incremental increase in cost associated with the requirements in paragraphs 7#a7 and 7#b74 7b7 ,extension of emergency period 7#a7 ,in general ,an emergency period may be extended within a ,state or any portion thereof for a maximum of #f months1 if the ,state1 or in the case of ,tribal land1 a ,tribal government1 provides written1 public notice to the ,commission stipulating that an extension is necessary in furtherance of the recovery related to ,,covid-#ai4 7#b7 ,public notice ,not later than #dh hours after the ,commission receives notice under paragraph 7#a71 the ,commission shall post the notice on the public website of the ,commission4 7c7 ,update of standards ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall update the ,lifeline service standards in section #ed4djh of title #dg1 ,code of ,federal ,regulations1 to require all ,lifeline-supported mobile broadband services1 where technically feasible1 to offer service that includes1 at no additional charge1 tethering and the same average download speed offered and data allowance offered to comparable services that are not part of the ,lifeline program4 7d7 ,regulations ,the ,commission shall adopt1 on an expedited basis1 any regulations needed to carry out this section4 #e4 ,grants to ,states to strengthen ,national ,lifeline ,eligibility ,verifier 7a7 ,in general ,from amounts appropriated under subsection 7d71 the ,commission shall1 not later than #g days after the date of the enactment of this ,act1 make a grant to each ,state1 in an amount in proportion to the population of such ,state1 for the purpose of connecting the database used by such ,state for purposes of the supplemental nutrition assistance program under the ,food and ,nutrition ,act of #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 to the ,national ,lifeline ,eligibility ,verifier1 so that the receipt by a household of benefits under such program is reflected in the ,national ,lifeline ,eligibility ,verifier4 7b7 ,disbursement of grant funds ,funds under each grant made under subsection 7a7 shall be disbursed to the ,state receiving such grant not later than #g days after the date of the enactment of this ,act4 7c7 ,certification to ,congress ,not later than #ba days after the date of the enactment of this ,act1 the ,commission shall certify to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate that the grants required by subsection 7a7 have been made and that funds have been disbursed as required by subsection 7b74 7d7 ,authorization of appropriations ,there is authorized to be appropriated #bjj1jjj1jjj to carry out this section for fiscal year #bjbj1 to remain available through fiscal year #bjba4 7e7 ,sunset ,the authority in this section shall terminate on the date that is #ahj days after the date on which the determination by the ,secretary of ,health and ,human ,services pursuant to section #cai of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7 that a public health emergency exists as a result of ,,covid-#ai expires4