II 

116TH CONGRESS 

2D SESSION S. 4095 

To provide emergency benefits for broadband service during periods relating 

to COVID–19, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 29, 2020 

Mr. WYDEN (for himself, Mr. BLUMENTHAL, Ms. HIRONO, Mr. SCHUMER, 

Mrs. GILLIBRAND, Mr. MARKEY, Mr. SANDERS, Mr. BROWN, Ms. HARRIS, Mr. BOOKER, Mr. MERKLEY, Mr. MENENDEZ, Ms. KLOBUCHAR, Mr. 

DURBIN, Ms. BALDWIN, Ms. SMITH, Mr. VAN HOLLEN, Mr. BENNET, 

Ms. ROSEN, Mrs. MURRAY, Mr. CARDIN, Ms. WARREN, Mr. UDALL, Mr. 

REED, Mr. SCHATZ, Mr. HEINRICH, and Ms. DUCKWORTH) introduced 

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

on Commerce, Science, and Transportation 

A BILL 

To provide emergency benefits for broadband service during 

periods relating 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 ‘‘Emergency Broadband 

5 Connections Act of 2020’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


kjohnson on DSK79L0C42PROD with BILLS
2 

•S 4095 IS

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

2 means the Federal Communications Commission. 

3 (2) EMERGENCY PERIOD DEFINED.—The term 

4 ‘‘emergency period’’ means a period that— 

5 (A) begins on the date of a determination 

6 by the Secretary of Health and Human Services 

7 pursuant to section 319 of the Public Health 

8 Service Act (42 U.S.C. 247d) that a public 

9 health emergency exists as a result of COVID– 

10 19; and 

11 (B) ends on the date that is 6 months 

12 after the date on which such determination (in13 cluding any renewal thereof) terminates, except 

14 that— 

15 (i) for purposes of section 3, such pe16 riod may be extended under section 

17 3(c)(4); and 

18 (ii) for purposes of section 4, such pe19 riod may be extended under section 4(b). 

20 (3) NATIONAL LIFELINE ELIGIBILITY

21 VERIFIER.—The term ‘‘National Lifeline Eligibility 

22 Verifier’’ has the meaning given such term in section 

23 54.400 of title 47, Code of Federal Regulations (or 

24 any successor regulation). 


kjohnson on DSK79L0C42PROD with BILLS
3 

•S 4095 IS

1 (4) STATE.—The term ‘‘State’’ has the mean2 ing given such term in section 3 of the Communica3 tions Act of 1934 (47 U.S.C. 153). 

4 SEC. 3. BENEFIT FOR BROADBAND SERVICE DURING EMER5 GENCY PERIODS RELATING TO COVID–19. 

6 (a) DEFINITIONS.—In this section: 

7 (1) BROADBAND INTERNET ACCESS SERVICE.— 

8 The term ‘‘broadband internet access service’’ has 

9 the meaning given such term in section 8.1(b) of 

10 title 47, Code of Federal Regulations (or any suc11 cessor regulation). 

12 (2) CONNECTED DEVICE.—The term ‘‘con13 nected device’’ means a laptop or desktop computer 

14 or a tablet. 

15 (3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 

16 household’’ means, regardless of whether the house17 hold or any member of the household receives sup18 port under subpart E of part 54 of title 47, Code 

19 of Federal Regulations (or any successor regulation), 

20 and regardless of whether any member of the house21 hold has any past or present arrearages with a pro22 vider, a household in which— 

23 (A) at least one member of the household 

24 meets the qualifications in subsection (a) or (b) 


kjohnson on DSK79L0C42PROD with BILLS
4 

•S 4095 IS

1 of section 54.409 of title 47, Code of Federal 

2 Regulations (or any successor regulation); 

3 (B) at least one member of the household 

4 has applied for and been approved to receive 

5 benefits under the free and reduced price lunch 

6 program under the Richard B. Russell National 

7 School Lunch Act (42 U.S.C. 1751 et seq.) or 

8 the school breakfast program under section 4 of 

9 the Child Nutrition Act of 1966 (42 U.S.C. 

10 1773); 

11 (C) not less than 1 member of the house12 hold has experienced a substantial loss of in13 come since February 29, 2020, documented by 

14 layoff or furlough notice, application for unem15 ployment insurance benefits, or similar docu16 mentation; or 

17 (D) not less than 1 member of the house18 hold received a Federal Pell Grant under sec19 tion 401 of the Higher Education Act of 1965 

20 (20 U.S.C. 1070a) for the 2019–2020 or 2020– 

21 2021 award year. 

22 (4) EMERGENCY BROADBAND BENEFIT.—The 

23 term ‘‘emergency broadband benefit’’ means a 

24 monthly discount for an eligible household applied to 

25 the normal rate or special rate for an internet servVerDate Sep 11 2014 05:37 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4095.IS S4095

kjohnson on DSK79L0C42PROD with BILLS
5 

•S 4095 IS

1 ice offering, in an amount equal to such rate, but 

2 not more than $50, or, if an internet service offering 

3 is provided to an eligible household on Tribal land, 

4 not more than $75. 

5 (5) INTERNET SERVICE OFFERING.—The term 

6 ‘‘internet service offering’’ means— 

7 (A) with respect to a provider that is pro8 viding broadband internet access service before 

9 the date of enactment of this Act, broadband 

10 internet access service provided by such pro11 vider to a household, offered in the same man12 ner, and on the same or better terms, as de13 scribed in any of such provider’s advertisements 

14 for broadband internet access service to such 

15 household, as of May 1, 2020; and 

16 (B) with respect to a provider that begins 

17 providing broadband internet access service 

18 after the date of enactment of this Act, 

19 broadband internet access service provided by 

20 such provider to a household, offered in the 

21 same manner, and on the same or better terms, 

22 as described in any of such provider’s advertise23 ments for broadband internet access service to 

24 such household, that are comparable to the 


kjohnson on DSK79L0C42PROD with BILLS
6 

•S 4095 IS

1 terms of other providers for such service as of 

2 May 1, 2020. 

3 (6) NORMAL RATE.—The term ‘‘normal rate’’— 

4 (A) means, with respect to an internet 

5 service offering by a provider, the advertised 

6 monthly retail rate, as of May 1, 2020, includ7 ing any applicable promotions or offers, includ8 ing free or reduced installation fees and exclud9 ing any taxes or other governmental fees, or 

10 better; and 

11 (B) includes, with respect to an internet 

12 service offering by a provider, any service offer13 ing that the provider makes available only to 

14 low-income households. 

15 (7) PROVIDER.—The term ‘‘provider’’ means a 

16 provider of broadband internet access service. 

17 (8) SPECIAL RATE.—The term ‘‘special rate’’ 

18 means the monthly retail rate for an internet service 

19 offering that has a monthly retail rate or installation 

20 fee that is lower than the normal rate for the same 

21 speed or offers a higher broadband speed for the 

22 same rate as the normal rate, which may be re23 stricted to recipients of the emergency broadband 

24 benefit. 


kjohnson on DSK79L0C42PROD with BILLS
7 

•S 4095 IS

1 (b) PROMULGATION OF REGULATIONS REQUIRED.— 

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

3 Act, the Commission shall promulgate regulations imple4 menting this section. 

5 (c) REQUIREMENTS.—The regulations promulgated 

6 pursuant to subsection (b) shall establish the following: 

7 (1) EMERGENCY BROADBAND BENEFIT.—Dur8 ing an emergency period, a provider shall— 

9 (A) provide an eligible household with an 

10 internet service offering, upon request by a 

11 member of such household; and 

12 (B) discount the price charged to a house13 hold described in subparagraph (A) for the 

14 internet service offering in an amount equal to 

15 the emergency broadband benefit for such 

16 household. 

17 (2) VERIFICATION OF ELIGIBILITY.—To verify 

18 whether a household is an eligible household, a pro19 vider shall— 

20 (A) use the National Lifeline Eligibility 

21 Verifier; 

22 (B) rely upon an alternative verification 

23 process of the provider, if the Commission finds 

24 such process to be sufficient to avoid waste, 

25 fraud, and abuse; or 


kjohnson on DSK79L0C42PROD with BILLS
8 

•S 4095 IS

1 (C) rely on a school to verify the eligibility 

2 of a household based on the participation of the 

3 household in the national school lunch program 

4 described in subsection (a)(3)(B). 

5 (3) USE OF NATIONAL LIFELINE ELIGIBILITY

6 VERIFIER.—The Commission shall— 

7 (A) expedite the ability of all providers to 

8 access the National Lifeline Eligibility Verifier 

9 for purposes of determining whether a house10 hold is an eligible household; and 

11 (B) ensure that the National Lifeline Eligi12 bility Verifier approves an eligible household to 

13 receive the emergency broadband benefit not 

14 later than two days after the date of the sub15 mission of information necessary to determine if 

16 the household is an eligible household. 

17 (4) EXTENSION OF EMERGENCY PERIOD.— 

18 (A) IN GENERAL.—An emergency period 

19 may be extended within a State or any portion 

20 thereof if the State, or in the case of Tribal 

21 land, a Tribal government, provides written, 

22 public notice to the Commission stipulating that 

23 an extension is necessary in furtherance of the 

24 recovery related to COVID–19. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•S 4095 IS

1 (B) PUBLIC NOTICE.—Not later than 48 

2 hours after the Commission receives notice 

3 under subparagraph (A), the Commission shall 

4 post the notice on the public website of the 

5 Commission. 

6 (5) REIMBURSEMENT.—From the Emergency 

7 Broadband Connectivity Fund established under 

8 subsection (i), the Commission shall reimburse a 

9 provider in an amount equal to the emergency 

10 broadband benefit with respect to an eligible house11 hold that receives such benefit from such provider. 

12 (6) REIMBURSEMENT FOR CONNECTED DE13 VICE.—A provider that, in addition to providing the 

14 emergency broadband benefit to an eligible house15 hold, supplies such household with a connected de16 vice may be reimbursed up to $100 from the Emer17 gency Broadband Connectivity Fund established in 

18 subsection (i) for such connected device, if the 

19 charge to such eligible household is more than $10 

20 but less than $50 for such connected device, except 

21 that a provider may receive reimbursement for no 

22 more than one connected device per eligible house23 hold. 

24 (7) NO RETROACTIVE REIMBURSEMENT.—A 

25 provider may not receive a reimbursement from the 


kjohnson on DSK79L0C42PROD with BILLS
10 

•S 4095 IS

1 Emergency Broadband Connectivity Fund for pro2 viding an internet service offering discounted by the 

3 emergency broadband benefit, or for supplying a 

4 connected device, that was provided or supplied (as 

5 the case may be) before the date of the enactment 

6 of this Act. 

7 (8) CERTIFICATION REQUIRED.—To receive a 

8 reimbursement under paragraph (5) or (6), a pro9 vider shall certify to the Commission the following: 

10 (A) That the amount for which the pro11 vider is seeking reimbursement from the Emer12 gency Broadband Connectivity Fund for an 

13 internet service offering or connected device to 

14 an eligible household is not more than the nor15 mal rate or special rate. 

16 (B) That each eligible household for which 

17 a provider is seeking reimbursement for pro18 viding an internet service offering or connected 

19 device discounted by the emergency broadband 

20 benefit— 

21 (i) has not been and will not be 

22 charged— 

23 (I) for such offering, if the nor24 mal rate or special rate for such offer25 ing is not more than $50, or, if an 


kjohnson on DSK79L0C42PROD with BILLS
11 

•S 4095 IS

1 internet service offering is provided to 

2 an eligible household on Tribal land, 

3 not more than $75; or 

4 (II) more for such offering than 

5 the difference between the normal rate 

6 or special rate for such offering and 

7 the amount of the emergency 

8 broadband benefit for such household; 

9 (ii) will not be required to pay an 

10 early termination fee if such eligible house11 hold elects to enter into a contract to re12 ceive such internet service offering if such 

13 household later terminates such contract; 

14 (iii)(I) will not be denied such internet 

15 service offering or connected device based 

16 on consideration of a credit report or cred17 it score; and 

18 (II) in the case of an eligible house19 hold that would traditionally be determined 

20 ineligible based on consideration of a credit 

21 report or credit score, is provided access 

22 to— 

23 (aa) the best plan for internet 

24 service offered by the provider with 

25 speeds not less than 25 Mbps downVerDate Sep 11 2014 05:37 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4095.IS S4095

kjohnson on DSK79L0C42PROD with BILLS
12 

•S 4095 IS

1 stream and 3Mbps upstream, if the 

2 rate for such offering is less than $50; 

3 or 

4 (bb) if a plan described in item 

5 (aa) is not available for less than $50, 

6 the lowest priced internet service of7 fering of the provider with speeds not 

8 less than 25 Mbps downstream and 

9 3Mbps upstream; 

10 (iv) was not subject to a mandatory 

11 waiting period for such internet service of12 fering or connected device based on having 

13 previously received broadband internet ac14 cess service from such provider; and 

15 (v) has attested that the household 

16 has not previously received a connected de17 vice under this provision from another pro18 vider. 

19 (C) A description of the process used by 

20 the provider to verify that a household is an eli21 gible household, if the provider elects an alter22 native verification process under paragraph 

23 (2)(B), and that such verification process was 

24 designed to avoid waste, fraud, and abuse. 


kjohnson on DSK79L0C42PROD with BILLS
13 

•S 4095 IS

1 (9) AUDIT REQUIREMENTS.—The Commission 

2 shall adopt audit requirements to ensure that pro3 viders are in compliance with the requirements of 

4 this section and to prevent waste, fraud, and abuse 

5 in the emergency broadband benefit program estab6 lished under this section. 

7 (10) CONSUMER RECOURSE.—The Commission 

8 shall adopt an informal process for consumers to re9 port noncompliance with these provisions, under 

10 which— 

11 (A) a provider about which a report of 

12 noncompliance is filed shall provide a response 

13 to the report not later than 30 days after the 

14 date on which the report is filed; 

15 (B) the Commission shall publish each re16 port of noncompliance not later than 14 days 

17 after the date on which the report is filed; and 

18 (C) each report of noncompliance shall be 

19 forwarded to the Enforcement Bureau of the 

20 Commission. 

21 (d) ELIGIBLE PROVIDERS.—Notwithstanding sub22 section (f) of this section, the Commission shall provide 

23 a reimbursement to a provider under this section without 

24 requiring such provider to be designated as an eligible teleVerDate Sep 11 2014 05:37 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4095.IS S4095

kjohnson on DSK79L0C42PROD with BILLS
14 

•S 4095 IS

1 communications carrier under section 214(e) of the Com2 munications Act of 1934 (47 U.S.C. 214(e)). 

3 (e) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall affect the collection, distribution, or administra5 tion of the Lifeline Assistance Program governed by the 

6 rules set forth in subpart E of part 54 of title 47, Code 

7 of Federal Regulations (or any successor regulation). 

8 (f) PART 54 REGULATIONS.—Nothing in this section 

9 shall be construed to prevent the Commission from pro10 viding that the regulations in part 54 of title 47, Code 

11 of Federal Regulations (or any successor regulation), shall 

12 apply in whole or in part to support provided under the 

13 regulations required by subsection (b), shall not apply in 

14 whole or in part to such support, or shall be modified in 

15 whole or in part for purposes of application to such sup16 port. 

17 (g) ENFORCEMENT.—A violation of this section or a 

18 regulation promulgated under this section, including the 

19 knowing or reckless denial of an internet service offering 

20 discounted by the emergency broadband benefit to an eligi21 ble household that requests such an offering, shall be 

22 treated as a violation of the Communications Act of 1934 

23 (47 U.S.C. 151 et seq.) or a regulation promulgated under 

24 such Act. The Commission shall enforce this section and 

25 the regulations promulgated under this section in the same 


kjohnson on DSK79L0C42PROD with BILLS
15 

•S 4095 IS

1 manner, by the same means, and with the same jurisdic2 tion, powers, and duties as though all applicable terms and 

3 provisions of the Communications Act of 1934 were incor4 porated into and made a part of this section. 

5 (h) EXEMPTIONS.— 

6 (1) NOTICE AND COMMENT RULEMAKING RE7 QUIREMENTS.—Section 553 of title 5, United States 

8 Code, shall not apply to a regulation promulgated 

9 under subsection (b) or a rulemaking to promulgate 

10 such a regulation. 

11 (2) PAPERWORK REDUCTION ACT REQUIRE12 MENTS.—A collection of information conducted or 

13 sponsored under the regulations required by sub14 section (b) shall not constitute a collection of infor15 mation for the purposes of subchapter I of chapter 

16 35 of title 44, United States Code (commonly re17 ferred to as the ‘‘Paperwork Reduction Act’’). 

18 (i) EMERGENCY BROADBAND CONNECTIVITY

19 FUND.— 

20 (1) ESTABLISHMENT.—There is established in 

21 the Treasury of the United States a fund to be 

22 known as the Emergency Broadband Connectivity 

23 Fund. 

24 (2) AUTHORIZATION OF APPROPRIATIONS.— 

25 There is authorized to be appropriated to the EmerVerDate Sep 11 2014 05:37 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S4095.IS S4095

kjohnson on DSK79L0C42PROD with BILLS
16 

•S 4095 IS

1 gency Broadband Connectivity Fund $8,800,000,000 

2 for fiscal year 2020, to remain available through fis3 cal year 2021. 

4 (3) USE OF FUNDS.—Amounts in the Emer5 gency Broadband Connectivity Fund shall be avail6 able to the Commission for reimbursements to pro7 viders under the regulations required by subsection 

8 (b). 

9 (4) RELATIONSHIP TO UNIVERSAL SERVICE

10 CONTRIBUTIONS.—Reimbursements provided under 

11 the regulations required by subsection (b) shall be 

12 provided from amounts made available under this 

13 subsection and not from contributions under section 

14 254(d) of the Communications Act of 1934 (47 

15 U.S.C. 254(d)), except the Commission may use 

16 such contributions if needed to offset expenses asso17 ciated with the reliance on the National Lifeline Eli18 gibility Verifier to determine eligibility of households 

19 to receive the emergency broadband benefit. 

20 (j) AUDIT.— 

21 (1) IN GENERAL.—For each of fiscal years 

22 2020 and 2021, the Inspector General for the Com23 mission and the Enforcement Bureau shall conduct 

24 robust auditing of the program established under 


kjohnson on DSK79L0C42PROD with BILLS
17 

•S 4095 IS

1 this section based on the audit requirements estab2 lished under subsection (c)(9). 

3 (2) REPORT.—For each audit conducted under 

4 paragraph (1), the Inspector General and the En5 forcement Bureau shall submit a report to Congress 

6 detailing the findings of the audit. 

7 SEC. 4. ENHANCED LIFELINE BENEFITS DURING EMER8 GENCY PERIODS. 

9 (a) ENHANCED MINIMUM SERVICE STANDARDS FOR

10 LIFELINE BENEFITS DURING EMERGENCY PERIODS.— 

11 During an emergency period— 

12 (1) the minimum service standard for Lifeline 

13 supported mobile voice service shall provide an un14 limited number of minutes per month; 

15 (2) the minimum service standard for Lifeline 

16 supported mobile data service shall provide an un17 limited data allowance each month and 4G speeds, 

18 where available; and 

19 (3) the Basic Support Amount and Tribal 

20 Lands Support Amount, as described in section 

21 54.403 of title 47, Code of Federal Regulations (or 

22 any successor regulation), shall be increased by an 

23 amount necessary, as determined by the Commis24 sion, to offset any incremental increase in cost assoVerDate Sep 11 2014 05:37 Jul 09, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4095.IS S4095

kjohnson on DSK79L0C42PROD with BILLS
18 

•S 4095 IS

1 ciated with the requirements in paragraphs (1) and 

2 (2). 

3 (b) EXTENSION OF EMERGENCY PERIOD.— 

4 (1) IN GENERAL.—An emergency period may be 

5 extended within a State or any portion thereof for 

6 a maximum of 6 months, if the State, or in the case 

7 of Tribal land, a Tribal government, provides writ8 ten, public notice to the Commission stipulating that 

9 an extension is necessary in furtherance of the re10 covery related to COVID–19. 

11 (2) PUBLIC NOTICE.—Not later than 48 hours 

12 after the Commission receives notice under para13 graph (1), the Commission shall post the notice on 

14 the public website of the Commission. 

15 (c) UPDATE OF STANDARDS.—Not later than 90 

16 days after the date of enactment of this Act, the Commis17 sion shall update the Lifeline service standards in section 

18 54.408 of title 47, Code of Federal Regulations, to require 

19 all Lifeline-supported mobile broadband services, where 

20 technically feasible, to offer service that includes, at no 

21 additional charge, tethering and the same average 

22 download speed offered and data allowance offered to com23 parable services that are not part of the Lifeline program. 


kjohnson on DSK79L0C42PROD with BILLS
19 

•S 4095 IS

1 (d) REGULATIONS.—The Commission shall adopt, on 

2 an expedited basis, any regulations needed to carry out 

3 this section. 

4 SEC. 5. GRANTS TO STATES TO STRENGTHEN NATIONAL 

5 LIFELINE ELIGIBILITY VERIFIER. 

6 (a) IN GENERAL.—From amounts appropriated 

7 under subsection (d), the Commission shall, not later than 

8 7 days after the date of the enactment of this Act, make 

9 a grant to each State, in an amount in proportion to the 

10 population of such State, for the purpose of connecting 

11 the database used by such State for purposes of the sup12 plemental nutrition assistance program under the Food 

13 and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 

14 National Lifeline Eligibility Verifier, so that the receipt 

15 by a household of benefits under such program is reflected 

16 in the National Lifeline Eligibility Verifier. 

17 (b) DISBURSEMENT OF GRANT FUNDS.—Funds 

18 under each grant made under subsection (a) shall be dis19 bursed to the State receiving such grant not later than 

20 7 days after the date of the enactment of this Act. 

21 (c) CERTIFICATION TO CONGRESS.—Not later than 

22 21 days after the date of the enactment of this Act, the 

23 Commission shall certify to the Committee on Energy and 

24 Commerce of the House of Representatives and the Com25 mittee on Commerce, Science, and Transportation of the 


kjohnson on DSK79L0C42PROD with BILLS
20 

•S 4095 IS

1 Senate that the grants required by subsection (a) have 

2 been made and that funds have been disbursed as required 

3 by subsection (b). 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated $200,000,000 to carry out 

6 this section for fiscal year 2020, to remain available 

7 through fiscal year 2021. 

8 (e) SUNSET.—The authority in this section shall ter9 minate on the date that is 180 days after the date on 

10 which the determination by the Secretary of Health and 

11 Human Services pursuant to section 319 of the Public 

12 Health Service Act (42 U.S.C. 247d) that a public health 

13 emergency exists as a result of COVID–19 expires. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS