Secure and Affordable Broadband Extension Act
This bill reauthorizes the Affordable Connectivity Program (ACP) and provides funding for the removal and replacement of certain foreign communications equipment in telecommunications networks. (ACP provided discounted internet service to eligible low-income households until it was terminated in May 2024 due to a lapse in funding.)
Specifically, the bill reauthorizes and provides funding for ACP for FY2024. The bill makes various changes to ACP eligibility thresholds and verification, including by reducing the income threshold for eligibility under the poverty guidelines. Further, the bill requires communications providers offering the ACP benefit to use specified federal databases to verify an applicant’s eligibility, removing the existing option to use alternative verification processes. The bill specifies that families made ineligible by these changes must remain eligible for benefits for 180 days following the bill’s enactment. The bill also eliminates ACP’s one-time consumer subsidy of up to $100 toward the purchase of a connected device.
The bill also provides additional funding for the Secure and Trusted Communications Networks Reimbursement Program (commonly known as rip and replace). (Under the program, the Federal Communications Commission (FCC) reimburses providers of advanced communications services for expenses incurred in the removal, replacement, and disposal of communications equipment produced or provided by Huawei Technologies Company or ZTE Corporation.)
Finally, the bill directs the FCC to reauction licenses for the use of specified electromagnetic spectrum bands primarily used by wireless communications providers.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9193 Introduced in House (IH)]
<DOC>
118th CONGRESS
2d Session
H. R. 9193
To appropriate funds for the Federal Communications Commission's ``rip
and replace'' program and Affordable Connectivity Program, to improve
the Affordable Connectivity Program, to require a spectrum auction, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2024
Ms. Budzinski (for herself, Mr. Carey, Ms. Craig, Ms. Malliotakis, Mr.
Courtney, Mrs. Kiggans of Virginia, Ms. Wild, Mr. Bergman, Mr.
Krishnamoorthi, Mr. Moylan, Ms. Kuster, and Mrs. Gonzalez-Colon)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To appropriate funds for the Federal Communications Commission's ``rip
and replace'' program and Affordable Connectivity Program, to improve
the Affordable Connectivity Program, to require a spectrum auction, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Secure and Affordable Broadband
Extension Act''.
SEC. 2. 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. 3. 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 and 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
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.
(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) by striking paragraph (5);
(C) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(D) 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.'';
(E) 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
(F) 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.--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(b)(1) of division N
of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1752(b)(1)).
(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. 4. 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.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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