II 

116TH CONGRESS 

2D SESSION S. 3838 

To provide for the expansion of the Rural Health Care Program of the 

Federal Communications Commission in response to COVID–19, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 21, 2020 

Mr. SCHATZ (for himself, Ms. MURKOWSKI, Mr. BOOZMAN, Mr. PETERS, Mr. 

KING, Mr. SULLIVAN, Mr. CRAMER, and Mr. MARKEY) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

To provide for the expansion of the Rural Health Care 

Program of the Federal Communications Commission in 

response to COVID–19, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Care Broad5 band Expansion During COVID–19 Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) COMMISSION.—The term ‘‘Commission’’ 

2 means the Federal Communications Commission. 

3 (2) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 

4 equipment’’ means the equipment described in sec5 tion 54.613 of title 47, Code of Federal Regulations, 

6 or any successor regulation. 

7 (3) ELIGIBLE SERVICE PROVIDER.—The term 

8 ‘‘eligible service provider’’ means a provider de9 scribed in section 54.608 of title 47, Code of Federal 

10 Regulations, or any successor regulation. 

11 (4) FUNDING YEAR.—The term ‘‘funding year’’ 

12 has the meaning given the term in section 54.600(a) 

13 of title 47, Code of Federal Regulations, or any suc14 cessor regulation. 

15 (5) HEALTH CARE PROVIDER.—The term 

16 ‘‘health care provider’’ has the meaning given the 

17 term in section 54.600(b) of title 47, Code of Fed18 eral Regulations, or any successor regulation. 

19 (6) HEALTHCARE CONNECT FUND PROGRAM.— 

20 The term ‘‘Healthcare Connect Fund Program’’ 

21 means the program described in section 54.602(b) of 

22 title 47, Code of Federal Regulations, or any suc23 cessor regulation. 

24 (7) MULTI-YEAR COMMITMENTS.—The term 

25 ‘‘multi-year commitments’’ means the commitments 


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1 described in section 54.620(c) of title 47, Code of 

2 Federal Regulations, or any successor regulation. 

3 (8) RURAL AREA.—The term ‘‘rural area’’ has 

4 the meaning given the term in section 54.600(e) of 

5 title 47, Code of Federal Regulations, or any suc6 cessor regulation. 

7 (9) RURAL HEALTH CARE PROGRAM.—The 

8 term ‘‘Rural Health Care Program’’ means the pro9 gram described in subpart G of part 54 of title 47, 

10 Code of Federal Regulations, or any successor regu11 lation. 

12 (10) RURAL HEALTH CARE PROVIDER.—The 

13 term ‘‘rural health care provider’’ has the meaning 

14 given the term in section 54.600(f) of title 47, Code 

15 of Federal Regulations, or any successor regulation. 

16 (11) TELECOMMUNICATIONS PROGRAM.—The 

17 term ‘‘Telecommunications Program’’ has the mean18 ing given such term in section 54.602(a) of title 47, 

19 Code of Federal Regulations, or any successor regu20 lation. 

21 (12) UPFRONT PAYMENTS.—The term ‘‘upfront 

22 payments’’ means the payments described in section 

23 54.616 of title 47, Code of Federal Regulations, or 

24 any successor regulation. 


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1 SEC. 3. EXPANSION OF RURAL HEALTH CARE PROGRAM OF 

2 FCC IN RESPONSE TO COVID–19. 

3 (a) PROMULGATION OF REGULATIONS REQUIRED.— 

4 Not later than 7 days after the date of enactment of this 

5 Act, the Commission shall promulgate regulations modi6 fying the requirements in subpart G of part 54 of title 

7 47, Code of Federal Regulations, in the following manner: 

8 (1) A health care provider not located in a rural 

9 area shall be treated as a rural health care provider 

10 for the purposes of the Healthcare Connect Fund 

11 Program. 

12 (2) The discount rate for an eligible expense 

13 through the Healthcare Connect Fund Program (as 

14 described in section 54.611(a) of title 47, Code of 

15 Federal Regulations, or any successor regulation) 

16 shall be increased to 85 percent in funding years 

17 2019, 2020, and 2021 for eligible equipment pur18 chased or eligible services rendered in such funding 

19 years, including for eligible equipment, upfront pay20 ments, and multi-year commitments without limita21 tion. 

22 (3) A temporary, mobile, or satellite health care 

23 delivery site shall be treated as a health care pro24 vider or an eligible site of a health care provider for 

25 purposes of determining eligibility for the Healthcare 


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1 Connect Fund Program or the Telecommunications 

2 Program. 

3 (4) The waiver of the application window speci4 fied in section 54.621(a) of title 47, Code of Federal 

5 Regulations, or any successor regulation, for funding 

6 year 2019. 

7 (5) The adoption and implementation of a roll8 ing application process to allow a health care pro9 vider to apply for funding. 

10 (6) The following changes to certain bidding re11 quirements: 

12 (A) A waiver of any requirement under 

13 section 54.622 of title 47, Code of Federal Reg14 ulations, or any successor regulation, for a 

15 health care provider upgrading an existing sup16 ported service at a particular location, effective 

17 as of the date of declaration of the public health 

18 emergency pursuant to section 319 of the Pub19 lic Health Service Act (42 U.S.C. 247d) as a 

20 result of confirmed cases of COVID–19, if the 

21 health care provider maintains the same eligible 

22 service provider to provide the upgraded service 

23 at such location. 

24 (B) Reduction of the 28-day waiting period 

25 described in section 54.622(g) of title 47, Code 


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1 of Federal Regulations, or any successor regula2 tion, to a 14-day waiting period. 

3 (C) Modification of the requirements in 

4 section 54.622 of title 47, Code of Federal Reg5 ulations, or any successor regulation, to— 

6 (i) provide that bid evaluation criteria 

7 may give additional consideration to the 

8 speed with which an eligible service pro9 vider can initiate service; and 

10 (ii) encourage applicants to consider 

11 bids from different providers to provide 

12 service to different locations of such appli13 cants, if considering bids in this manner 

14 would expedite the overall timeline for ini15 tiating or expanding service to individual 

16 locations. 

17 (7) Issuance of a decision on each application 

18 for funding not later than 60 days after the date on 

19 which the application is filed. 

20 (8) Release of funding not later than 30 days 

21 after the date on which an invoice is submitted with 

22 respect to an application that is approved, applicable 

23 services have been provided, and required invoices 

24 have been submitted as required under program 

25 rules. 


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1 (b) ADDITIONAL CHANGES TO RURAL HEALTH CARE

2 PROGRAM.— 

3 (1) RELEASE OF FUNDING FOR OUTSTANDING

4 FUNDING REQUESTS.— 

5 (A) IN GENERAL.—The Commission shall 

6 ensure the release of funding for all requests 

7 (outstanding as of the date of enactment of this 

8 Act) under the Rural Health Care Program not 

9 later than 60 days after the date of enactment 

10 of this Act, except that for outstanding funding 

11 requests that are subject to a review of the ap12 plicable urban and rural rates, the Commission 

13 shall ensure the release of interim funding not 

14 later than 60 days after the date of enactment 

15 of this Act, disbursed at 65 percent of the fund16 ing request, subject to a true-up following the 

17 completion of such review. 

18 (B) LIMITATION.—This paragraph shall 

19 not apply to any party or successor-in-interest 

20 to any party to which the Commission, during 

21 the period beginning on the date that is 1 year 

22 before the date of enactment of this Act and 

23 ending on January 31, 2020, has issued a Let24 ter of Inquiry, Notice of Apparent Liability, or 

25 Forfeiture Order relating to the party’s particiVerDate Sep 11 2014 03:40 Jun 14, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3838.IS S3838

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1 pation in the Rural Health Care Program, pur2 suant to section 503(b) of the Communications 

3 Act of 1934 (47 U.S.C. 503(b)). 

4 (C) REQUIRED REPAYMENT.—In the case 

5 of an eligible service provider that receives 

6 funding through the Rural Health Care Pro7 gram pursuant to this paragraph to which the 

8 eligible service provider is not entitled, the 

9 Commission shall require the eligible service 

10 provider to repay such funds. 

11 (2) DELAY OF IMPLEMENTATION SCHEDULE.— 

12 The Commission shall— 

13 (A) delay by 1 year the implementation of 

14 sections 54.604 and 54.605 of title 47, Code of 

15 Federal Regulations, or any successor regula16 tion, as adopted in the Report and Order in the 

17 matter of Promoting Telehealth in Rural Amer18 ica (FCC 19–78) that was adopted by the Com19 mission on August 1, 2019; and 

20 (B) delay application of the new definition 

21 of ‘‘similar services’’ as described in paragraphs 

22 14 through 20 of such Report and Order until 

23 the implementation of the sections described in 

24 subparagraph (A). 


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1 (c) EFFECTIVE DATE OF REGULATIONS.—The regu2 lations required under subsection (a) shall take effect on 

3 the date on which the regulations are promulgated. 

4 (d) TERMINATION OF REGULATIONS.—Except to the 

5 extent that the Commission determines that some or all 

6 of the regulations promulgated under subsection (a) 

7 should remain in effect (excluding any regulation promul8 gated under paragraph (1) of such subsection), the regula9 tions shall terminate on the later of— 

10 (1) the earlier of— 

11 (A) the date that is 60 days after the ter12 mination of the declaration, or any renewal 

13 thereof, of the public health emergency pursu14 ant to section 319 of the Public Health Service 

15 Act (42 U.S.C. 247d) as a result of confirmed 

16 cases of COVID–19; and 

17 (B) the date of the expiration of the appro18 priation in subsection (f)(2); and 

19 (2) the date that is 9 months after the date of 

20 enactment of this Act. 

21 (e) EXEMPTIONS.— 

22 (1) NOTICE AND COMMENT RULEMAKING RE23 QUIREMENTS.—Subsections (b), (c), and (d) of sec24 tion 553 of title 5, United States Code, shall not 


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1 apply to a regulation promulgated under subsection 

2 (a) or a rulemaking to promulgate such a regulation. 

3 (2) PAPERWORK REDUCTION ACT REQUIRE4 MENTS.—A collection of information conducted or 

5 sponsored under the regulations required by sub6 section (a), or under section 254 of the Communica7 tions Act of 1934 (47 U.S.C. 254) in connection 

8 with universal service support provided under such 

9 regulations, shall not constitute a collection of infor10 mation for the purposes of subchapter I of chapter 

11 35 of title 44, United States Code (commonly re12 ferred to as the ‘‘Paperwork Reduction Act’’). 

13 (f) EMERGENCY RURAL HEALTH CARE

14 CONNECTIVITY FUND.— 

15 (1) ESTABLISHMENT.—There is established in 

16 the Treasury of the United States a fund to be 

17 known as the Emergency Rural Health Care 

18 Connectivity Fund. 

19 (2) APPROPRIATION.—There is appropriated to 

20 the Emergency Rural Health Care Connectivity 

21 Fund, out of any money in the Treasury not other22 wise appropriated, $2,000,000,000 for fiscal year 

23 2020, to remain available through fiscal year 2022. 

24 (3) USE OF FUNDS.—Amounts in the Emer25 gency Rural Health Care Connectivity Fund shall be 


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1 available to the Commission to carry out the Rural 

2 Health Care Program, as modified by the regula3 tions promulgated under subsection (a). 

4 (4) RELATIONSHIP TO UNIVERSAL SERVICE

5 CONTRIBUTIONS.—Support provided under the regu6 lations required by paragraphs (1) through (3) of 

7 subsection (a) shall be— 

8 (A) provided from amounts made available 

9 under paragraph (3) of this subsection and not 

10 from contributions under section 254(d) of the 

11 Communications Act of 1934 (47 U.S.C. 

12 254(d)); and 

13 (B) in addition to, and not in replacement 

14 of, funds authorized by the Commission for the 

15 Rural Health Care Program as of the date of 

16 enactment of this Act from contributions under 

17 section 254(d) of the Communications Act of 

18 1934 (47 U.S.C. 254(d)). 

Æ 


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