1190 
the emergency broadband benefit for 
such household; 
(ii) will not be required to pay an 
early termination fee if such eligible house-
hold elects to enter into a contract to re-
ceive such internet service offering if such 
household later terminates such contract; 
and 
(iii) was not subject to a mandatory 
waiting period for such internet service of-
fering based on having previously received 
broadband internet access service from 
such provider. 
(C) A description of the process used by 
the provider to verify that a household is an eli-
gible household, if the provider elects an alter-
native verification process under paragraph 
(2)(B), and that such verification process was 
designed to avoid waste, fraud, and abuse. 
(9) AUDIT REQUIREMENTS.—The Commission 
shall adopt audit requirements to ensure that pro-
viders are in compliance with the requirements of 
this section and to prevent waste, fraud, and abuse 
in the emergency broadband benefit program estab-
lished under this section. 
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(c) ELIGIBLE PROVIDERS.—Notwithstanding sub-
section (e) of this section, the Commission shall provide 
a reimbursement to a provider under this section without 
requiring such provider to be designated as an eligible tele-
communications carrier under section 214(e) of the Com-
munications Act of 1934 (47 U.S.C. 214(e)). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall affect the collection, distribution, or administra-
tion of the Lifeline Assistance Program governed by the 
rules set forth in subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation). 
(e) PART 54 REGULATIONS.—Nothing in this section 
shall be construed to prevent the Commission from pro-
viding that the regulations in part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), shall 
apply in whole or in part to support provided under the 
regulations required by subsection (a), shall not apply in 
whole or in part to such support, or shall be modified in 
whole or in part for purposes of application to such sup-
port. 
(f) ENFORCEMENT.—A violation of this section or a 
regulation promulgated under this section, including the 
knowing or reckless denial of an internet service offering 
discounted by the emergency broadband benefit to an eligi-
ble household that requests such an offering, shall be 
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treated as a violation of the Communications Act of 1934 
(47 U.S.C. 151 et seq.) or a regulation promulgated under 
such Act. The Commission shall enforce this section and 
the regulations promulgated under this section in the same 
manner, by the same means, and with the same jurisdic-
tion, powers, and duties as though all applicable terms and 
provisions of the Communications Act of 1934 were incor-
porated into and made a part of this section. 
(g) EXEMPTIONS.— 
(1) NOTICE AND COMMENT RULEMAKING RE-
QUIREMENTS.—Section 553 of title 5, United States 
Code, shall not apply to a regulation promulgated 
under subsection (a) or a rulemaking to promulgate 
such a regulation. 
(2) PAPERWORK
REDUCTION
ACT
REQUIRE-
MENTS.—A collection of information conducted or 
sponsored under the regulations required by sub-
section (a) shall not constitute a collection of infor-
mation for the purposes of subchapter I of chapter 
35 of title 44, United States Code (commonly re-
ferred to as the Paperwork Reduction Act). 
(h) 
EMERGENCY
BROADBAND
CONNECTIVITY 
FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
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known as the Emergency Broadband Connectivity 
Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency Broadband Connectivity Fund $8,800,000,000 
for fiscal year 2020, to remain available through fis-
cal year 2021. 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Broadband Connectivity Fund shall be avail-
able to the Commission for reimbursements to pro-
viders under the regulations required by subsection 
(a). 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Reimbursements provided under 
the regulations required by subsection (a) shall be 
provided from amounts made available under this 
subsection and not from contributions under section 
254(d) of the Communications Act of 1934 (47 
U.S.C. 254(d)), except the Commission may use 
such contributions if needed to offset expenses asso-
ciated with the reliance on the National Lifeline Eli-
gibility Verifier to determine eligibility of households 
to receive the emergency broadband benefit. 
(i) DEFINITIONS.—In this section: 
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(1) BROADBAND INTERNET ACCESS SERVICE.— 
The term ‘‘broadband internet access service’’ has 
the meaning given such term in section 8.1(b) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(2) CONNECTED
DEVICE.—The term ‘‘con-
nected device’’ means a laptop or desktop computer 
or a tablet. 
(3) ELIGIBLE HOUSEHOLD.—The term ‘‘eligible 
household’’ means, regardless of whether the house-
hold or any member of the household receives sup-
port under subpart E of part 54 of title 47, Code 
of Federal Regulations (or any successor regulation), 
and regardless of whether any member of the house-
hold has any past or present arrearages with a pro-
vider, a household in which— 
(A) at least one member of the household 
meets the qualifications in subsection (a) or (b) 
of section 54.409 of title 47, Code of Federal 
Regulations (or any successor regulation); 
(B) 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 B. Russell National 
School Lunch Act (42 U.S.C. 1751 et seq.) or 
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the school breakfast program under section 4 of 
the Child Nutrition Act of 1966 (42 U.S.C. 
1773); or 
(C) at least one member of the household 
has experienced a substantial loss of income 
since February 29, 2020, documented by layoff 
or furlough notice, application for unemploy-
ment insurance benefits, or similar documenta-
tion. 
(4) EMERGENCY
BROADBAND
BENEFIT.—The 
term ‘‘emergency broadband benefit’’ means a 
monthly discount for an eligible household applied to 
the normal rate for an internet service offering, in 
an amount equal to such rate, but not more than 
$50, or, if an internet service offering is provided to 
an eligible household on Tribal land, not more than 
$75. 
(5) EMERGENCY
PERIOD.—The term ‘‘emer-
gency period’’ means a period that— 
(A) begins on the date of a determination 
by the Secretary of Health and Human Services 
pursuant to section 319 of the Public Health 
Service Act (42 U.S.C. 247d) that a public 
health emergency exists as a result of COVID– 
19; and 
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(B) ends on the date that is 6 months 
after the date on which such determination (in-
cluding any renewal thereof) terminates, except 
as such period may be extended under sub-
section (b)(4). 
(6) INTERNET SERVICE OFFERING.—The term 
‘‘internet service offering’’ means, with respect to a 
provider, broadband internet access service provided 
by such provider to a household, offered in the same 
manner, and on the same terms, as described in any 
of such provider’s advertisements for broadband 
internet access service to such household, as on May 
1, 2020. 
(7) NORMAL RATE.—The term ‘‘normal rate’’ 
means, with respect to an internet service offering 
by a provider, the advertised monthly retail rate, as 
of May 1, 2020, including any applicable promotions 
and excluding any taxes or other governmental fees. 
(8) PROVIDER.—The term ‘‘provider’’ means a 
provider of broadband internet access service. 
SEC. 130302. ENHANCED LIFELINE BENEFITS DURING 
EMERGENCY PERIODS. 
(a) ENHANCED MINIMUM SERVICE STANDARDS FOR 
LIFELINE BENEFITS DURING EMERGENCY PERIODS.— 
During an emergency period— 
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(1) the minimum service standard for Lifeline 
supported mobile voice service shall provide an un-
limited number of minutes per month; 
(2) the minimum service standard for Lifeline 
supported mobile data service shall provide an un-
limited data allowance each month and 4G speeds, 
where available; and 
(3) the Basic Support Amount and Tribal 
Lands Support Amount, as described in section 
54.403 of title 47, Code of Federal Regulations (or 
any successor regulation), shall be increased by an 
amount necessary, as determined by the Commis-
sion, to offset any incremental increase in cost asso-
ciated with the requirements in paragraphs (1) and 
(2). 
(b) EXTENSION OF EMERGENCY PERIOD.—An emer-
gency period may be extended within a State or any por-
tion thereof for a maximum of six months, if the State, 
or in the case of Tribal land, a Tribal government, pro-
vides written, public notice to the Commission stipulating 
that an extension is necessary in furtherance of the recov-
ery related to COVID–19. The Commission shall, within 
48 hours after receiving such notice, post the notice on 
the public website of the Commission. 
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(c) REGULATIONS.—The Commission shall adopt, on 
an expedited basis, any regulations needed to carry out 
this section. 
(d) EMERGENCY PERIOD DEFINED.—In this section, 
the term ‘‘emergency period’’ means a period that— 
(1) begins on the date of a determination by the 
Secretary of Health and Human Services pursuant 
to section 319 of the Public Health Service Act (42 
U.S.C. 247d) that a public health emergency exists 
as a result of COVID–19; and 
(2) ends on the date that is 6 months after the 
date on which such determination (including any re-
newal thereof) terminates, except as such period 
may be extended under subsection (b). 
SEC. 130303. GRANTS TO STATES TO STRENGTHEN NA-
TIONAL LIFELINE ELIGIBILITY VERIFIER. 
(a) IN
GENERAL.—From amounts appropriated 
under subsection (d), the Commission shall, not later than 
7 days after the date of the enactment of this Act, make 
a grant to each State, in an amount in proportion to the 
population of such State, for the purpose of connecting 
the database used by such State for purposes of the sup-
plemental nutrition assistance program under the Food 
and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) to the 
National Lifeline Eligibility Verifier, so that the receipt 
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by a household of benefits under such program is reflected 
in the National Lifeline Eligibility Verifier. 
(b) DISBURSEMENT
OF
GRANT
FUNDS.—Funds 
under each grant made under subsection (a) shall be dis-
bursed to the State receiving such grant not later than 
7 days after the date of the enactment of this Act. 
(c) CERTIFICATION TO CONGRESS.—Not later than 
21 days after the date of the enactment of this Act, the 
Commission shall certify to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate that the grants required by subsection (a) have 
been made and that funds have been disbursed as required 
by subsection (b). 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $200,000,000 to carry out 
this section for fiscal year 2020, to remain available 
through fiscal year 2021. 
SEC. 130304. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) 
NATIONAL
LIFELINE
ELIGIBILITY 
VERIFIER.—The term ‘‘National Lifeline Eligibility 
Verifier’’ has the meaning given such term in section 
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1200 
54.400 of title 47, Code of Federal Regulations (or 
any successor regulation). 
(3) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
TITLE IV—CONTINUED 
CONNECTIVITY 
SEC. 130401. CONTINUED CONNECTIVITY DURING EMER-
GENCY PERIODS RELATING TO COVID–19. 
Title VII of the Communications Act of 1934 (47 
U.S.C. 601 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 723. CONTINUED CONNECTIVITY DURING EMER-
GENCY PERIODS RELATING TO COVID–19. 
‘‘(a) IN GENERAL.—During an emergency period de-
scribed in subsection (b), it shall be unlawful— 
‘‘(1) for a provider of advanced telecommuni-
cations service or voice service to— 
‘‘(A) terminate, reduce, or change such 
service provided to any individual customer or 
small business because of the inability of the in-
dividual customer or small business to pay for 
such service if the individual customer or small 
business certifies to such provider that such in-
ability to pay is a result of disruptions caused 
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by the public health emergency to which such 
emergency period relates; or 
‘‘(B) impose late fees on any individual 
customer or small business because of the in-
ability of the individual customer or small busi-
ness to pay for such service if the individual 
customer or small business certifies to such pro-
vider that such inability to pay is a result of 
disruptions caused by the public health emer-
gency to which such emergency period relates; 
‘‘(2) for a provider of advanced telecommuni-
cations service to, during such emergency period— 
‘‘(A) employ a limit on the amount of data 
allotted to an individual customer or small busi-
ness during such emergency period, except that 
such provider may engage in reasonable net-
work management; or 
‘‘(B) charge an individual customer or 
small business an additional fee for exceeding 
the limit on the data allotted to an individual 
customer or small business; or 
‘‘(3) for a provider of advanced telecommuni-
cations service that had functioning Wi-Fi hotspots 
available to subscribers in public places on the day 
before the beginning of such emergency period to 
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fail to make service provided by such Wi-Fi hotspots 
available to the public at no cost during such emer-
gency period. 
‘‘(b) WAIVER.—Upon a petition by a provider ad-
vanced telecommunications service or voice service, the 
provisions in subsection (a) may be suspended or waived 
by the Commission at any time, in whole or in part, for 
good cause shown. 
‘‘(c) EMERGENCY PERIODS DESCRIBED.—An emer-
gency period described in this subsection is any portion 
beginning on or after the date of the enactment of this 
section of the duration of a public health emergency de-
clared pursuant to section 319 of the Public Health Serv-
ice Act (42 U.S.C. 247d) as a result of COVID–19, includ-
ing any renewal thereof. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) ADVANCED TELECOMMUNICATIONS SERV-
ICE.—The term ‘advanced telecommunications serv-
ice’ means a service that provides advanced tele-
communications capability (as defined in section 706 
of the Telecommunications Act of 1996 (47 U.S.C. 
1302)). 
‘‘(2) BROADBAND
INTERNET
ACCESS
SERV-
ICE.—The term ‘broadband internet access service’ 
has the meaning given such term in section 8.1(b) 
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1203 
of title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
‘‘(3) INDIVIDUAL CUSTOMER.—The term ‘indi-
vidual customer’ means an individual who contracts 
with a mass-market retail provider of advanced tele-
communications service or voice service to provide 
service to such individual. 
‘‘(4) REASONABLE NETWORK MANAGEMENT.— 
The term ‘reasonable network management’— 
‘‘(A) means the use of a practice that— 
‘‘(i) has a primarily technical network 
management justification; and 
‘‘(ii) is primarily used for and tailored 
to achieving a legitimate network manage-
ment purpose, taking into account the par-
ticular network architecture and tech-
nology of the service; and 
‘‘(B) does not include other business prac-
tices. 
‘‘(5) SMALL BUSINESS.—The term ‘small busi-
ness’ has the meaning given such term under section 
601(3) of title 5, United States Code. 
‘‘(6) VOICE SERVICE.—The term ‘voice service’ 
has the meaning given such term under section 
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227(e)(8) of the Communications Act of 1934 (47 
U.S.C. 227(e)(8)). 
‘‘(7) WI-FI.—The term ‘Wi-Fi’ means a wire-
less networking protocol based on Institute of Elec-
trical and Electronics Engineers standard 802.11 
(or any successor standard). 
‘‘(8) 
WI-FI
HOTSPOT.—The 
term 
‘Wi-Fi 
hotspot’ means a device that is capable of— 
‘‘(A) receiving mobile broadband internet 
access service; and 
‘‘(B) sharing such service with another de-
vice through the use of Wi-Fi.’’. 
TITLE V—DON’T BREAK UP THE 
T–BAND 
SEC. 130501. REPEAL OF REQUIREMENT TO REALLOCATE 
AND AUCTION T–BAND SPECTRUM. 
(a) REPEAL.—Section 6103 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 1413) 
is repealed. 
(b) CLERICAL AMENDMENT.—The table of contents 
in section 1(b) of such Act is amended by striking the 
item relating to section 6103. 
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TITLE VI—NATIONAL SUICIDE 
HOTLINE DESIGNATION 
SEC. 130601. FINDINGS. 
Congress finds the following: 
(1) According to the American Foundation for 
Suicide Prevention, on average, there are 129 sui-
cides per day in the United States. 
(2) To prevent future suicides, it is critical to 
transition the cumbersome, existing 10-digit Na-
tional Suicide Hotline to a universal, easy-to-remem-
ber, 3-digit phone number and connect people in cri-
sis with life-saving resources. 
(3) It is essential that people in the United 
States have access to a 3-digit national suicide hot-
line across all geographic locations. 
(4) The designated suicide hotline number will 
need to be both familiar and recognizable to all peo-
ple in the United States. 
SEC. 130602. UNIVERSAL TELEPHONE NUMBER FOR NA-
TIONAL SUICIDE PREVENTION AND MENTAL 
HEALTH CRISIS HOTLINE SYSTEM. 
(a) IN GENERAL.—Section 251(e) of the Commu-
nications Act of 1934 (47 U.S.C. 251(e)) is amended by 
adding at the end the following: 
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‘‘(4) UNIVERSAL TELEPHONE NUMBER FOR NA-
TIONAL SUICIDE PREVENTION AND MENTAL HEALTH 
CRISIS HOTLINE SYSTEM.—9–8–8 is designated as 
the universal telephone number within the United 
States for the purpose of the national suicide pre-
vention and mental health crisis hotline system oper-
ating through the National Suicide Prevention Life-
line maintained by the Assistant Secretary for Men-
tal Health and Substance Use under section 520E– 
3 of the Public Health Service Act (42 U.S.C. 
290bb–36c) and through the Veterans Crisis Line 
maintained by the Secretary of Veterans Affairs 
under section 1720F(h) of title 38, United States 
Code.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 1 year 
after the date of the enactment of this Act. 
(c) REQUIRED REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the Assistant 
Secretary for Mental Health and Substance Use and the 
Secretary of Veterans Affairs shall jointly submit a report 
that details the resources necessary to make the use of 
9–8–8, as designated under paragraph (4) of section 
251(e) of the Communications Act of 1934 (47 U.S.C. 
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251(e)), as added by subsection (a) of this section, oper-
ational and effective across the United States to— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(2) the Committee on Appropriations of the 
Senate; 
(3) the Committee on Energy and Commerce of 
the House of Representatives; and 
(4) the Committee on Appropriations of the 
House of Representatives. 
SEC. 130603. STATE AUTHORITY OVER FEES. 
(a) AUTHORITY.— 
(1) IN
GENERAL.—Nothing in this Act, any 
amendment made by this Act, the Communications 
Act of 1934 (47 U.S.C. 151 et seq.), or any Com-
mission regulation or order may prevent the imposi-
tion and collection of a fee or charge applicable to 
a voice service specifically designated by a State, a 
political subdivision of a State, an Indian Tribe, or 
a village or regional corporation serving a region es-
tablished pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.) for the support 
or implementation of 9–8–8 services, if the fee or 
charge is held in a sequestered account to be obli-
gated or expended only in support of 9–8–8 services, 
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or enhancements of such services, as specified in the 
provision of State or local law adopting the fee or 
charge. 
(2) USE OF 9–8–8 FEES.—A fee or charge col-
lected under this subsection shall only be imposed, 
collected, and used to pay expenses that a State, a 
political subdivision of a State, an Indian Tribe, or 
a village or regional corporation serving a region es-
tablished pursuant to the Alaska Native Claims Set-
tlement Act (43 U.S.C. 1601 et seq.) is expected to 
incur that are reasonably attributable to— 
(A) ensuring the efficient and effective 
routing of calls made to the 9–8–8 national sui-
cide prevention and mental health crisis hotline 
to an appropriate crisis center; or 
(B) the provision of acute mental health, 
crisis outreach, and stabilization services di-
rectly responding to the 9–8–8 national suicide 
prevention and mental health crisis hotline. 
(b) FEE ACCOUNTABILITY REPORT.—To ensure effi-
ciency, transparency, and accountability in the collection 
and expenditure of a fee or charge for the support or im-
plementation of 9–8–8 services, not later than 2 years 
after the date of the enactment of this Act, and annually 
thereafter, the Commission shall submit to the Commit-
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tees on Commerce, Science, and Transportation and Ap-
propriations of the Senate and the Committees on Energy 
and Commerce and Appropriations of the House of Rep-
resentatives a report that— 
(1) details the status in each State, political 
subdivision of a State, Indian Tribe, or village or re-
gional corporation serving a region established pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) of the collection and dis-
tribution of such fees or charges, including a de-
tailed report about how those fees or charges are 
being used to support 9–8–8 services; and 
(2) includes findings on the amount of revenues 
obligated or expended by each State, political sub-
division of a State, Indian Tribe, or village or re-
gional corporation serving a region established pur-
suant to the Alaska Native Claims Settlement Act 
(43 U.S.C. 1601 et seq.) for any purpose other than 
the purpose for which any such fees or charges are 
specified. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) STATE.—The term ‘‘State’’ has the mean-
ing given that term in section 7 of the Wireless 
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Communications and Public Safety Act of 1999 (47 
U.S.C. 615b). 
(3) VOICE SERVICE.—The term ‘‘voice service’’ 
has the meaning given that term in section 
227(e)(8) of the Communications Act of 1934 (47 
U.S.C. 227(e)(8)). 
SEC. 130604. LOCATION IDENTIFICATION REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Commu-
nications Commission shall submit to the appropriate com-
mittees a report that examines the feasibility and cost of 
including an automatic dispatchable location that would 
be conveyed with a 9–8–8 call, regardless of the techno-
logical platform used and including with calls from multi- 
line telephone systems (as defined in section 6502 of the 
Middle Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1471)). 
(b) DEFINITIONS.—In this section: 
(1) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate committees’’ means the following: 
(A) The Committee on Commerce, Science, 
and Transportation of the Senate. 
(B) The Committee on Health, Education, 
Labor, and Pensions of the Senate. 
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(C) The Committee on Energy and Com-
merce of the House of Representatives. 
(2) 
DISPATCHABLE
LOCATION.—The 
term 
‘‘dispatchable location’’ means the street address of 
the calling party and additional information such as 
room number, floor number, or similar information 
necessary to adequately identify the location of the 
calling party. 
SEC. 130605. REPORT ON CERTAIN TRAINING PROGRAMS. 
(a) SENSE OF THE CONGRESS.—It is the sense of the 
Congress that— 
(1) youth who are lesbian, gay, bisexual, 
transgender, or queer (referred to in this section as 
‘‘LGBTQ’’) are more than 4 times more likely to 
contemplate suicide than their peers; 
(2) 1 in 5 LGBTQ youth and more than 1 in 
3 transgender youth report attempting suicide this 
past year; and 
(3) the Substance Abuse and Mental Health 
Services Administration must be equipped to provide 
specialized resources to this at-risk community. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Assistant Secretary for 
Mental Health and Substance Use shall submit to the 
Committee on Commerce, Science, and Transportation of 
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the Senate, the Committee on Health, Education, Labor, 
and Pensions of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives a report 
that— 
(1) details a strategy, to be developed in con-
sultation with 1 or more organizations with expertise 
in suicide of LGBTQ youth as well as 1 or more or-
ganizations with expertise in suicide of other high 
risk populations, for the Substance Abuse and Men-
tal Health Services Administration to offer, support, 
or provide technical assistance to training programs 
for National Suicide Prevention Lifeline counselors 
to increase competency in serving LGBTQ youth 
and other high risk populations; and 
(2) includes recommendations regarding— 
(A) the facilitation of access to services 
that are provided to specially trained staff and 
partner organizations for LGBTQ individuals 
and other high risk populations; and 
(B) a strategy for optimally implementing 
an Integrated Voice Response, or other equally 
effective mechanism, to allow National Suicide 
Prevention Lifeline callers who are LGBTQ 
youth or members of other high risk popu-
lations to access specialized services. 
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TITLE 
VII—COVID–19 
COMPAS-
SION AND MARTHA WRIGHT 
PRISON PHONE JUSTICE 
SEC. 130701. FINDINGS. 
Congress finds the following: 
(1) Prison, jails, and other confinement facili-
ties in the United States have unique telecommuni-
cations needs due to safety and security concerns. 
(2) Unjust and unreasonable charges for tele-
phone and advanced communications services in con-
finement facilities negatively impact the safety and 
security of communities in the United States by 
damaging relationships between incarcerated persons 
and their support systems, thereby exacerbating re-
cidivism. 
(3) The COVID–19 pandemic has greatly inten-
sified these concerns. Jails and prisons have become 
epicenters for the spread of the virus, with incarcer-
ated persons concentrated in small, confined spaces 
and often without access to adequate health care. At 
Cook County jail alone, hundreds of incarcerated 
persons and jail staff have tested positive for the 
virus since its outbreak. 
(4) To prevent the spread of the virus, many 
jails and prisons across the country suspended pub-
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lic visitation, leaving confinement facility commu-
nications services as the only way that incarcerated 
persons can stay in touch with their families. 
(5) All people in the United States, including 
anyone who pays for confinement facility commu-
nications services, should have access to communica-
tions services at charges that are just and reason-
able. 
(6) Unemployment has risen sharply as a result 
of the COVID–19 pandemic, straining the incomes 
of millions of Americans and making it even more 
difficult for families of incarcerated persons to pay 
the high costs of confinement facility communica-
tions services. 
(7) Certain markets for confinement facility 
communications services are distorted due to reverse 
competition, in which the financial interests of the 
entity making the buying decision (the confinement 
facility) are aligned with the seller (the provider of 
confinement facility communications services) and 
not the consumer (the incarcerated person or a 
member of his or her family). This reverse competi-
tion occurs because site commission payments to the 
confinement facility from the provider of confine-
ment facility communications services are the chief 
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criterion many facilities use to select their provider 
of confinement facility communications services. 
(8) Charges for confinement facility commu-
nications services that have been shown to be unjust 
and unreasonable are often a result of site commis-
sion payments that far exceed the costs incurred by 
the confinement facility in accommodating these 
services. 
(9) Unjust and unreasonable charges have been 
assessed for both audio and video services and for 
both intrastate and interstate communications from 
confinement facilities. 
(10) Though Congress enacted emergency legis-
lation to allow free communications in Federal pris-
ons during the pandemic, it does not cover commu-
nications to or from anyone incarcerated in State 
and local prisons or jails. 
(11) Mrs. Martha Wright-Reed led a campaign 
for just communications rates for incarcerated peo-
ple for over a decade. 
(12) Mrs. Wright-Reed was the lead plaintiff in 
Wright v. Corrections Corporation of America, CA 
No. 00–293 (GK) (D.D.C. 2001). 
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(13) That case ultimately led to the Wright Pe-
tition at the Federal Communications Commission, 
CC Docket No. 96–128 (November 3, 2003). 
(14) As a grandmother, Mrs. Wright-Reed was 
forced to choose between purchasing medication and 
communicating with her incarcerated grandson. 
(15) Mrs. Wright-Reed passed away on Janu-
ary 18, 2015, before fully realizing her dream of just 
communications rates for all people. 
SEC. 130702. REQUIREMENTS FOR CONFINEMENT FACILITY 
COMMUNICATIONS SERVICES, DURING THE 
COVID–19 PANDEMIC AND OTHER TIMES. 
(a) IN GENERAL.—Section 276 of the Communica-
tions Act of 1934 (47 U.S.C. 276) is amended by adding 
at the end the following: 
‘‘(e) ADDITIONAL REQUIREMENTS
FOR CONFINE-
MENT FACILITY COMMUNICATIONS SERVICES.— 
‘‘(1) AUTHORITY.— 
‘‘(A) IN GENERAL.—All charges, practices, 
classifications, and regulations for and in con-
nection with confinement facility communica-
tions services shall be just and reasonable, and 
any such charge, practice, classification, or reg-
ulation that is unjust or unreasonable is de-
clared to be unlawful. 
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‘‘(B) RULEMAKING REQUIRED.—Not later 
than 18 months after the date of the enactment 
of this subsection, the Commission shall issue 
rules to adopt, for the provision of confinement 
facility communications services, rates and an-
cillary service charges that are just and reason-
able, which shall be the maximum such rates 
and charges that a provider of confinement fa-
cility communications services may charge for 
such services. In determining rates and charges 
that are just and reasonable, the Commission 
shall adopt such rates and charges based on the 
average industry costs of providing such serv-
ices using data collected from providers of con-
finement facility communications services. 
‘‘(C) BIENNIAL
REVIEW.—Not less fre-
quently than every 2 years following the 
issuance of rules under subparagraph (B), the 
Commission shall— 
‘‘(i) determine whether the rates and 
ancillary service charges authorized by the 
rules issued under such subparagraph re-
main just and reasonable; and 
‘‘(ii) if the Commission determines 
under clause (i) that any such rate or 
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charge does not remain just and reason-
able, revise such rules so that such rate or 
charge is just and reasonable. 
‘‘(2) INTERIM RATE CAPS.—Until the Commis-
sion issues the rules required by paragraph (1)(B), 
a provider of confinement facility communications 
services may not charge a rate for any voice service 
communication using confinement facility commu-
nications services that exceeds the following: 
‘‘(A) For debit calling or prepaid calling, 
$0.04 per minute. 
‘‘(B) For collect calling, $0.05 per minute. 
‘‘(3) ASSESSMENT ON PER-MINUTE BASIS.—Ex-
cept as provided in paragraph (4), a provider of con-
finement facility communications services— 
‘‘(A) shall assess all charges for a commu-
nication using such services on a per-minute 
basis for the actual duration of the communica-
tion, measured from communication acceptance 
to termination, rounded up to the next full 
minute, except in the case of charges for serv-
ices that the confinement facility offers free of 
charge or for amounts below the amounts per-
mitted under this subsection; and 
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‘‘(B) may not charge a per-communication 
or per-connection charge for a communication 
using such services. 
‘‘(4) ANCILLARY SERVICE CHARGES.— 
‘‘(A) GENERAL PROHIBITION.—A provider 
of confinement facility communications services 
may not charge an ancillary service charge 
other than— 
‘‘(i) if the Commission has not yet 
issued the rules required by paragraph 
(1)(B), a charge listed in subparagraph 
(B) of this paragraph; or 
‘‘(ii) a charge authorized by the rules 
adopted by the Commission under para-
graph (1). 
‘‘(B) PERMITTED CHARGES AND RATES.— 
If the Commission has not yet issued the rules 
required by paragraph (1)(B), a provider of 
confinement facility communications services 
may not charge a rate for an ancillary service 
charge in excess of the following: 
‘‘(i) In the case of an automated pay-
ment fee, 2.9 percent of the total charge 
on which the fee is assessed. 
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‘‘(ii) In the case of a fee for single-call 
and related services, the exact transaction 
fee charged by the third-party provider, 
with no markup. 
‘‘(iii) In the case of a live agent fee, 
$5.95 per use. 
‘‘(iv) In the case of a paper bill or 
statement fee, $2 per use. 
‘‘(v) In the case of a third-party fi-
nancial transaction fee, the exact fee, with 
no markup, charged by the third party for 
the transaction. 
‘‘(5) PROHIBITION ON SITE COMMISSIONS.—A 
provider of confinement facility communications 
services may not assess a site commission. 
‘‘(6) RELATIONSHIP TO STATE LAW.—A State 
or political subdivision of a State may not enforce 
any law, rule, regulation, standard, or other provi-
sion having the force or effect of law relating to con-
finement facility communications services that allows 
for higher rates or other charges to be assessed for 
such services than is permitted under any Federal 
law or regulation relating to confinement facility 
communications services. 
‘‘(7) DEFINITIONS.—In this subsection: 
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‘‘(A) ANCILLARY SERVICE CHARGE.—The 
term ‘ancillary service charge’ means any 
charge a consumer may be assessed for the set-
ting up or use of a confinement facility commu-
nications service that is not included in the per- 
minute charges assessed for individual commu-
nications. 
‘‘(B) AUTOMATED
PAYMENT
FEE.—The 
term ‘automated payment fee’ means a credit 
card payment, debit card payment, or bill proc-
essing fee, including a fee for a payment made 
by means of interactive voice response, the 
internet, or a kiosk. 
‘‘(C) COLLECT CALLING.—The term ‘col-
lect calling’ means an arrangement whereby a 
credit-qualified party agrees to pay for charges 
associated with a communication made to such 
party using confinement facility communica-
tions services and originating from within a 
confinement facility. 
‘‘(D) CONFINEMENT FACILITY.—The term 
‘confinement facility’— 
‘‘(i) means a jail or a prison; and 
‘‘(ii) includes any juvenile, detention, 
work release, or mental health facility that 
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is used primarily to hold individuals who 
are— 
‘‘(I) awaiting adjudication of 
criminal charges or an immigration 
matter; or 
‘‘(II) serving a sentence for a 
criminal conviction. 
‘‘(E) CONFINEMENT
FACILITY
COMMU-
NICATIONS
SERVICE.—The term ‘confinement 
facility communications service’ means a service 
that allows incarcerated persons to make elec-
tronic communications (whether intrastate, 
interstate, or international and whether made 
using video, audio, or any other communicative 
method, including advanced communications 
services) to individuals outside the confinement 
facility, or to individuals inside the confinement 
facility, where the incarcerated person is being 
held, regardless of the technology used to de-
liver the service. 
‘‘(F) CONSUMER.—The term ‘consumer’ 
means the party paying a provider of confine-
ment facility communications services. 
‘‘(G) DEBIT
CALLING.—The term ‘debit 
calling’ means a presubscription or comparable 
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service which allows an incarcerated person, or 
someone acting on an incarcerated person’s be-
half, to fund an account set up through a pro-
vider that can be used to pay for confinement 
facility communications services originated by 
the incarcerated person. 
‘‘(H) FEE
FOR
SINGLE-CALL
AND
RE-
LATED SERVICES.—The term ‘fee for single-call 
and related services’ means a billing arrange-
ment whereby communications made by an in-
carcerated person using collect calling are billed 
through a third party on a per-communication 
basis, where the recipient does not have an ac-
count with the provider of confinement facility 
communications services. 
‘‘(I) INCARCERATED
PERSON.—The term 
‘incarcerated person’ means a person detained 
at a confinement facility, regardless of the du-
ration of the detention. 
‘‘(J) JAIL.—The term ‘jail’— 
‘‘(i) means a facility of a law enforce-
ment agency of the Federal Government or 
of a State or political subdivision of a 
State that is used primarily to hold indi-
viduals who are— 
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‘‘(I) awaiting adjudication of 
criminal charges; 
‘‘(II) post-conviction and com-
mitted to confinement for sentences of 
one year or less; or 
‘‘(III) post-conviction and await-
ing transfer to another facility; and 
‘‘(ii) includes— 
‘‘(I) city, county, or regional fa-
cilities that have contracted with a 
private company to manage day-to- 
day operations; 
‘‘(II) privately-owned and oper-
ated facilities primarily engaged in 
housing city, county, or regional in-
carcerated persons; and 
‘‘(III) facilities used to detain in-
dividuals pursuant to a contract with 
U.S. Immigration and Customs En-
forcement. 
‘‘(K) LIVE
AGENT
FEE.—The term ‘live 
agent fee’ means a fee associated with the op-
tional use of a live operator to complete a con-
finement facility communications service trans-
action. 
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‘‘(L) PAPER BILL OR STATEMENT FEE.— 
The term ‘paper bill or statement fee’ means a 
fee associated with providing a consumer an op-
tional paper billing statement. 
‘‘(M) PER-COMMUNICATION
OR
PER-CON-
NECTION CHARGE.—The term ‘per-communica-
tion or per-connection charge’ means a one-time 
fee charged to a consumer at the initiation of 
a communication. 
‘‘(N) PREPAID CALLING.—The term ‘pre-
paid calling’ means a calling arrangement that 
allows a consumer to pay in advance for a spec-
ified amount of confinement facility commu-
nications services. 
‘‘(O) PRISON.—The term ‘prison’— 
‘‘(i) means a facility operated by a 
State or Federal agency that is used pri-
marily to confine individuals convicted of 
felonies and sentenced to terms in excess 
of one year; and 
‘‘(ii) includes— 
‘‘(I) public and private facilities 
that provide outsource housing to 
State or Federal agencies such as 
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State Departments of Correction and 
the Federal Bureau of Prisons; and 
‘‘(II) facilities that would other-
wise be jails but in which the majority 
of incarcerated persons are post-con-
viction or are committed to confine-
ment for sentences of longer than one 
year. 
‘‘(P) PROVIDER OF CONFINEMENT FACIL-
ITY
COMMUNICATIONS
SERVICES.—The term 
‘provider of confinement facility communica-
tions services’ means any communications serv-
ice provider that provides confinement facility 
communications services, regardless of the tech-
nology used. 
‘‘(Q) SITE
COMMISSION.—The term ‘site 
commission’ means any monetary payment, in- 
kind payment, gift, exchange of services or 
goods, fee, technology allowance, or product 
that a provider of confinement facility commu-
nications services or an affiliate of a provider of 
confinement facility communications services 
may pay, give, donate, or otherwise provide 
to— 
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‘‘(i) an entity that operates a confine-
ment facility; 
‘‘(ii) an entity with which the provider 
of confinement facility communications 
services enters into an agreement to pro-
vide confinement facility communications 
services; 
‘‘(iii) a governmental agency that 
oversees a confinement facility; 
‘‘(iv) the State or political subdivision 
of a State where a confinement facility is 
located; or 
‘‘(v) an agent or other representative 
of an entity described in any of clauses (i) 
through (iv). 
‘‘(R) THIRD-PARTY
FINANCIAL
TRANS-
ACTION FEE.—The term ‘third-party financial 
transaction fee’ means the exact fee, with no 
markup, that a provider of confinement facility 
communications services is charged by a third 
party to transfer money or process a financial 
transaction to facilitate the ability of a con-
sumer to make an account payment via a third 
party. 
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‘‘(S) VOICE
SERVICE.—The term ‘voice 
service’— 
‘‘(i) means any service that is inter-
connected with the public switched tele-
phone network and that furnishes voice 
communications to an end user using re-
sources from the North American Num-
bering Plan or any successor to the North 
American Numbering Plan adopted by the 
Commission under section 251(e)(1); and 
‘‘(ii) includes— 
‘‘(I) transmissions from a tele-
phone facsimile machine, computer, or 
other device to a telephone facsimile 
machine; and 
‘‘(II) 
without 
limitation, 
any 
service that enables real-time, two-way 
voice communications, including any 
service that requires internet protocol- 
compatible customer premises equip-
ment (commonly known as ‘CPE’) 
and permits out-bound calling, wheth-
er or not the service is one-way or 
two-way voice over internet protocol.’’. 
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(b) CONFORMING AMENDMENT.—Section 276(d) of 
the Communications Act of 1934 (47 U.S.C. 276(d)) is 
amended by striking ‘‘inmate telephone service in correc-
tional institutions’’ and inserting ‘‘confinement facility 
communications services (as defined in subsection 
(e)(7))’’. 
(c) EXISTING CONTRACTS.— 
(1) IN GENERAL.—In the case of a contract 
that was entered into and under which a provider of 
confinement facility communications services was 
providing such services at a confinement facility on 
or before the date of the enactment of this Act— 
(A) paragraphs (1) through (5) of sub-
section (e) of section 276 of the Communica-
tions Act of 1934, as added by subsection (a) 
of this section, shall apply to the provision of 
confinement facility communications services by 
such provider at such facility beginning on the 
earlier of— 
(i) the date that is 60 days after such 
date of enactment; or 
(ii) the date of the termination of the 
contract; and 
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(B) the terms of such contract may not be 
extended after such date of enactment, whether 
by exercise of an option or otherwise. 
(2) DEFINITIONS.—In this subsection, the 
terms ‘‘confinement facility’’, ‘‘confinement facility 
communications service’’, and ‘‘provider of confine-
ment facility communications services’’ have the 
meanings given such terms in paragraph (7) of sub-
section (e) of section 276 of the Communications 
Act of 1934, as added by subsection (a) of this sec-
tion. 
SEC. 130703. AUTHORITY. 
Section 2(b) of the Communications Act of 1934 (47 
U.S.C. 152(b)) is amended by inserting ‘‘section 276,’’ 
after ‘‘227, inclusive,’’. 
TITLE 
VIII—HEALTHCARE 
BROADBAND 
EXPANSION 
DURING COVID–19 
SEC. 130801. EXPANSION OF RURAL HEALTH CARE PRO-
GRAM OF FCC IN RESPONSE TO COVID–19. 
(a) PROMULGATION OF REGULATIONS REQUIRED.— 
Not later than 7 days after the date of the enactment of 
this Act, the Commission shall promulgate regulations 
modifying the requirements in subpart G of part 54 of 
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title 47, Code of Federal Regulations, in the following 
manner: 
(1) A health care provider not located in a rural 
area shall be treated as a rural health care provider 
for the purposes of the Healthcare Connect Fund 
Program. 
(2) The discount rate for an eligible expense 
through the Healthcare Connect Fund Program (as 
described in section 54.611(a) of title 47, Code of 
Federal Regulations, or any successor regulation) 
shall be increased to 85 percent in funding years 
2019, 2020, and 2021 for eligible equipment pur-
chased or eligible services rendered in such funding 
years (including for eligible equipment, upfront pay-
ments, and multi-year commitments without limita-
tion). 
(3) A temporary, mobile, or satellite health care 
delivery site shall be treated as a health care pro-
vider or an eligible site of a health care provider for 
purposes of determining eligibility for the Healthcare 
Connect Fund Program or the Telecommunications 
Program. 
(4) The waiver of the application window speci-
fied in section 54.621(a) of title 47, Code of Federal 
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Regulations (or any successor regulation), for fund-
ing year 2019. 
(5) The adoption and implementation of a roll-
ing application process to allow a health care pro-
vider to apply for funding. 
(6) The following changes to certain bidding re-
quirements: 
(A) A waiver of any requirement under 
section 54.622 of title 47, Code of Federal Reg-
ulations (or any successor regulation), for a 
health care provider upgrading an existing sup-
ported service at a particular location, effective 
as of the date of declaration of the public health 
emergency pursuant to section 319 of the Pub-
lic Health Service Act (42 U.S.C. 247d) as a 
result of confirmed cases of COVID–19, if the 
health care provider maintains the same eligible 
service provider to provide the upgraded service 
at such location. 
(B) Reduction of the 28-day waiting period 
described in section 54.622(g) of title 47, Code 
of Federal Regulations (or any successor regu-
lation), to a 14-day waiting period. 
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1233 
(C) Modification of the requirements in 
section 54.622 of title 47, Code of Federal Reg-
ulations (or any successor regulation), to— 
(i) provide that bid evaluation criteria 
may give additional consideration to the 
speed with which an eligible service pro-
vider can initiate service; and 
(ii) encourage applicants to consider 
bids from different providers to provide 
service to different locations of such appli-
cants, if considering bids in this manner 
would expedite the overall timeline for ini-
tiating or expanding service to individual 
locations. 
(7) Issuance of a decision on each application 
for funding not later than 60 days after the date on 
which the application is filed. 
(8) Release of funding not later than 30 days 
after the date on which an invoice is submitted with 
respect to an application that is approved, applicable 
services have been provided, and required invoices 
have been submitted as required under program 
rules. 
(b) ADDITIONAL CHANGES TO RURAL HEALTH CARE 
PROGRAM.— 
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1234 
(1) RELEASE OF FUNDING FOR OUTSTANDING 
FUNDING REQUESTS.— 
(A) IN GENERAL.—The Commission shall 
ensure the release of funding for all requests 
(outstanding as of the date of the enactment of 
this Act) under the Rural Health Care Program 
not later than 60 days after the date of the en-
actment of this Act, except that for outstanding 
funding requests that are subject to a review of 
the applicable urban and rural rates, the Com-
mission shall ensure the release of interim fund-
ing not later than 60 days after the date of the 
enactment of this Act, disbursed at 65 percent 
of the funding request, subject to a true-up fol-
lowing the completion of such review. 
(B) LIMITATION.—This paragraph shall 
not apply to any party or successor-in-interest 
to any party to which the Commission, during 
the period beginning on the date that is 1 year 
before the date of the enactment of this Act 
and ending on January 31, 2020, has issued a 
Letter of Inquiry, Notice of Apparent Liability, 
or Forfeiture Order relating to the party’s par-
ticipation in the Rural Health Care Program, 
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1235 
pursuant to section 503(b) of the Communica-
tions Act of 1934 (47 U.S.C. 503(b)). 
(C) REQUIRED REPAYMENT.—In the case 
of an eligible service provider that receives 
funding through the Rural Health Care Pro-
gram pursuant to this paragraph to which such 
provider is not entitled, the Commission shall 
require such provider to repay such funds. 
(2) DELAY OF IMPLEMENTATION SCHEDULE.— 
The Commission shall— 
(A) delay by one year the implementation 
of sections 54.604 and 54.605 of title 47, Code 
of Federal Regulations (or any successor regu-
lation), as adopted in the Report and Order in 
the matter of Promoting Telehealth in Rural 
America (FCC 19–78) that was adopted by the 
Commission on August 1, 2019; and 
(B) delay application of the new definition 
of ‘‘similar services’’ as described in paragraphs 
14 to 20 of such Report and Order until the 
implementation of such sections. 
(c) EFFECTIVE DATE OF REGULATIONS.—The regu-
lations required under subsection (a) shall take effect on 
the date on which such regulations are promulgated. 
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1236 
(d) TERMINATION OF REGULATIONS.—Except to the 
extent that the Commission determines that some or all 
of the regulations promulgated under subsection (a) 
should remain in effect (excluding any regulation promul-
gated under paragraph (1) of such subsection), such regu-
lations shall terminate on the later of— 
(1) the earlier of— 
(A) the date that is 60 days after the ter-
mination of the declaration, or any renewal 
thereof, of the public health emergency pursu-
ant to section 319 of the Public Health Service 
Act (42 U.S.C. 247d) as a result of confirmed 
cases of COVID–19; and 
(B) the date of the expiration of the appro-
priation in subsection (f)(2); and 
(2) the date that is 9 months after the date of 
the enactment of this Act. 
(e) EXEMPTIONS.— 
(1) NOTICE AND COMMENT RULEMAKING RE-
QUIREMENTS.—Subsections (b), (c), and (d) of sec-
tion 553 of title 5, United States Code, shall not 
apply to a regulation promulgated under subsection 
(a) or a rulemaking to promulgate such a regulation. 
(2) PAPERWORK
REDUCTION
ACT
REQUIRE-
MENTS.—A collection of information conducted or 
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1237 
sponsored under the regulations required by sub-
section (a), or under section 254 of the Communica-
tions Act of 1934 (47 U.S.C. 254) in connection 
with universal service support provided under such 
regulations, shall not constitute a collection of infor-
mation for the purposes of subchapter I of chapter 
35 of title 44, United States Code (commonly re-
ferred to as the Paperwork Reduction Act). 
(f) 
EMERGENCY
RURAL
HEALTH
CARE 
CONNECTIVITY FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the Emergency Rural Health Care 
Connectivity Fund. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to the Emer-
gency 
Rural 
Health 
Care 
Connectivity 
Fund 
$2,000,000,000 for fiscal year 2020, to remain 
available through fiscal year 2022. 
(3) USE OF FUNDS.—Amounts in the Emer-
gency Rural Health Care Connectivity Fund shall be 
available to the Commission to carry out the Rural 
Health Care Program, as modified by the regula-
tions promulgated under subsection (a). 
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1238 
(4) RELATIONSHIP
TO
UNIVERSAL
SERVICE 
CONTRIBUTIONS.—Support provided under the regu-
lations required by paragraphs (1) through (3) of 
subsection (a) shall be provided from amounts made 
available under paragraph (3) of this subsection and 
not from contributions under section 254(d) of the 
Communications Act of 1934 (47 U.S.C. 254(d)). 
Such support shall be in addition to, and not in re-
placement of, funds authorized by the Commission 
for the Rural Health Care Program as of the date 
of the enactment of this Act from contributions 
under section 254(d) of the Communications Act of 
1934 (47 U.S.C. 254(d)). 
(g) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) ELIGIBLE EQUIPMENT.—The term ‘‘eligible 
equipment’’ means the equipment described in sec-
tion 54.613 of title 47, Code of Federal Regulations 
(or any successor regulation). 
(3) ELIGIBLE SERVICE PROVIDER.—The term 
‘‘eligible service provider’’ means a provider de-
scribed in section 54.608 of title 47, Code of Federal 
Regulations (or any successor regulation). 
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(4) FUNDING YEAR.—The term ‘‘funding year’’ 
has the meaning given such term in section 
54.600(a) of title 47, Code of Federal Regulations 
(or any successor regulation). 
(5) HEALTH
CARE
PROVIDER.—The term 
‘‘health care provider’’ has the meaning given such 
term in section 54.600(b) of title 47, Code of Fed-
eral Regulations (or any successor regulation). 
(6) HEALTHCARE CONNECT FUND PROGRAM.— 
The term ‘‘Healthcare Connect Fund Program’’ has 
the meaning given such term in section 54.602(b) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(7) MULTI-YEAR
COMMITMENTS.—The term 
‘‘multi-year commitments’’ means the commitments 
described in section 54.620(c) of title 47, Code of 
Federal Regulations (or any successor regulation). 
(8) RURAL AREA.—The term ‘‘rural area’’ has 
the meaning given such term in section 54.600(e) of 
title 47, Code of Federal Regulations (or any suc-
cessor regulation). 
(9) RURAL
HEALTH
CARE
PROGRAM.—The 
term ‘‘Rural Health Care Program’’ means the pro-
gram described in subpart G of part 54 of title 47, 
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Code of Federal Regulations (or any successor regu-
lation). 
(10) RURAL
HEALTH
CARE
PROVIDER.—The 
term ‘‘rural health care provider’’ has the meaning 
given such term in section 54.600(f) of title 47, 
Code of Federal Regulations (or any successor regu-
lation). 
(11) TELECOMMUNICATIONS
PROGRAM.—The 
term ‘‘Telecommunications Program’’ has the mean-
ing given such term in section 54.602(a) of title 47, 
Code of Federal Regulations (or any successor regu-
lation). 
(12) UPFRONT PAYMENTS.—The term ‘‘upfront 
payments’’ means the payments described in section 
54.616 of title 47, Code of Federal Regulations (or 
any successor regulation). 
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1241 
DIVISION 
N—GIVING 
RETIRE-
MENT OPTIONS TO WORKERS 
ACT 
SEC. 140001. SHORT TITLE. 
This division may be cited as the ‘‘Giving Retirement 
Options to Workers Act of 2020’’ or the ‘‘GROW Act’’. 
SEC. 140002. COMPOSITE PLANS. 
(a) AMENDMENT TO THE EMPLOYEE RETIREMENT 
INCOME SECURITY ACT OF 1974.— 
(1) IN GENERAL.—Title I of the Employee Re-
tirement Income Security Act of 1974 (29 U.S.C. 
1001 et seq.) is amended by adding at the end the 
following: 
‘‘PART 8—COMPOSITE PLANS AND LEGACY 
PLANS 
‘‘SEC. 801. COMPOSITE PLAN DEFINED. 
‘‘(a) IN GENERAL.—For purposes of this Act, the 
term ‘composite plan’ means a pension plan— 
‘‘(1) which is a multiemployer plan that is nei-
ther a defined benefit plan nor a defined contribu-
tion plan; 
‘‘(2) the terms of which provide that the plan 
is a composite plan for purposes of this title with re-
spect to which not more than one multiemployer de-
fined benefit plan is treated as a legacy plan within 
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1242 
the meaning of section 805, unless there is more 
than one legacy plan following a merger of composite 
plans under section 806; 
‘‘(3) which provides systematically for the pay-
ment of benefits— 
‘‘(A) objectively calculated pursuant to a 
formula enumerated in the plan document with 
respect to plan participants after retirement, 
for life; and 
‘‘(B) in the form of life annuities, except 
for benefits which under section 203(e) may be 
immediately distributed without the consent of 
the participant; 
‘‘(4) for which the plan contributions for the 
first plan year are at least 120 percent of the nor-
mal cost for the plan year; 
‘‘(5) which requires— 
‘‘(A) an annual valuation of the liability of 
the plan as of a date within the plan year to 
which the valuation refers or within one month 
prior to the beginning of such year; 
‘‘(B) an annual actuarial determination of 
the plan’s current funded ratio and projected 
funded ratio under section 802(a); 
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1243 
‘‘(C) corrective action through a realign-
ment program pursuant to section 803 when-
ever the plan’s projected funded ratio is below 
120 percent for the plan year; and 
‘‘(D) an annual notification to each partici-
pant describing the participant’s benefits under 
the plan and explaining that such benefits may 
be subject to reduction under a realignment 
program pursuant to section 803 based on the 
plan’s funded status in future plan years; and 
‘‘(6) the board of trustees of which includes at 
least one retiree or beneficiary in pay status during 
each plan year following the first plan year in which 
at least 5 percent of the participants in the plan are 
retirees or beneficiaries in pay status. 
‘‘(b) TRANSITION FROM
A MULTIEMPLOYER DE-
FINED BENEFIT PLAN.— 
‘‘(1) IN GENERAL.—The plan sponsor of a de-
fined benefit plan that is a multiemployer plan may, 
subject to paragraph (2), amend the plan to incor-
porate the features of a composite plan as a compo-
nent of the multiemployer plan separate from the 
defined benefit plan component, except in the case of 
a defined benefit plan for which the plan actuary has 
certified under section 305(b)(3) that the plan is or 
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will be in critical status for the plan year in which 
such amendment would become effective or for any 
of the succeeding 5 plan years. 
‘‘(2) REQUIREMENTS.—Any amendment pursu-
ant to paragraph (1) to incorporate the features of 
a composite plan as a component of a multiemployer 
plan shall— 
‘‘(A) apply with respect to all collective 
bargaining agreements providing for contribu-
tions to the multiemployer plan on or after the 
effective date of the amendment; 
‘‘(B) apply with respect to all participants 
in the multiemployer plan for whom contribu-
tions are made to the multiemployer plan on or 
after the effective date of the amendment; 
‘‘(C) specify that the effective date of the 
amendment is— 
‘‘(i) the first day of a specified plan 
year following the date of the adoption of 
the amendment, except that the plan spon-
sor may alternatively provide for a sepa-
rate effective date with respect to each col-
lective bargaining agreement under which 
contributions to the multiemployer plan 
are required, which shall occur on the first 
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day of the first plan year beginning after 
the termination, or if earlier, the re-open-
ing, of each such agreement, or such ear-
lier date as the parties to the agreement 
and the plan sponsor of the multiemployer 
plan shall agree to; and 
‘‘(ii) not later than the first day of the 
fifth plan year beginning on or after the 
date of the adoption of the amendment; 
‘‘(D) specify that, as of the amendment’s 
effective date, no further benefits shall accrue 
under the defined benefit component of the 
multiemployer plan; and 
‘‘(E) specify that, as of the amendment’s 
effective date, the plan sponsor of the multiem-
ployer plan shall be the plan sponsor of both 
the composite plan component and the defined 
benefit plan component of the plan. 
‘‘(3) SPECIAL RULES.—If a multiemployer plan 
is amended pursuant to paragraph (1)— 
‘‘(A) the requirements of this title and title 
IV shall be applied to the composite plan com-
ponent and the defined benefit plan component 
of the multiemployer plan as if each such com-
ponent were maintained as a separate plan; and 
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1246 
‘‘(B) the assets of the composite plan com-
ponent and the defined benefit plan component 
of the plan shall be held in a single trust form-
ing part of the plan under which the trust in-
strument expressly provides— 
‘‘(i) for separate accounts (and appro-
priate records) to be maintained to reflect 
the interest which each of the plan compo-
nents has in the trust, including separate 
accounting for additions to the trust for 
the benefit of each plan component, dis-
bursements made from each plan compo-
nent’s account in the trust, investment ex-
perience of the trust allocable to that ac-
count, and administrative expenses (wheth-
er direct expenses or shared expenses allo-
cated proportionally), and permits, but 
does not require, the pooling of some or all 
of the assets of the two plan components 
for investment purposes; and 
‘‘(ii) that the assets of each of the two 
plan components shall be held, invested, 
reinvested, managed, administered and dis-
tributed for the exclusive benefit of the 
participants and beneficiaries of each such 
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plan component, and in no event shall the 
assets of one of the plan components be 
available to pay benefits due under the 
other plan component. 
‘‘(4) NOT
A
TERMINATION
EVENT.—Notwith-
standing section 4041A, an amendment pursuant to 
paragraph (1) to incorporate the features of a com-
posite plan as a component of a multiemployer plan 
does not constitute termination of the multiemployer 
plan. 
‘‘(5) NOTICE TO THE SECRETARY.— 
‘‘(A) NOTICE.—The plan sponsor of a 
composite plan shall provide notice to the Sec-
retary of the intent to establish the composite 
plan (or, in the case of a composite plan incor-
porated as a component of a multiemployer 
plan as described in paragraph (1), the intent 
to amend the multiemployer plan to incorporate 
such composite plan) at least 30 days prior to 
the effective date of such establishment or 
amendment. 
‘‘(B) CERTIFICATION.—In the case of a 
composite plan incorporated as a component of 
a multiemployer plan as described in paragraph 
(1), such notice shall include a certification by 
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the plan actuary under section 305(b)(3) that 
the effective date of the amendment occurs in 
a plan year for which the multiemployer plan is 
not in critical status for that plan year and any 
of the succeeding 5 plan years. 
‘‘(6) REFERENCES TO COMPOSITE PLAN COM-
PONENT.—As used in this part, the term ‘composite 
plan’ includes a composite plan component added to 
a defined benefit plan pursuant to paragraph (1). 
‘‘(7) RULE
OF
CONSTRUCTION.—Paragraph 
(2)(A) shall not be construed as preventing the plan 
sponsor of a multiemployer plan from adopting an 
amendment pursuant to paragraph (1) because some 
collective bargaining agreements are amended to 
cease any covered employer’s obligation to contribute 
to the multiemployer plan before or after the plan 
amendment is effective. Paragraph (2)(B) shall not 
be construed as preventing the plan sponsor of a 
multiemployer plan from adopting an amendment 
pursuant to paragraph (1) because some partici-
pants cease to have contributions made to the multi-
employer plan on their behalf before or after the 
plan amendment is effective. 
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1249 
‘‘(c) COORDINATION WITH FUNDING RULES.—Ex-
cept as otherwise provided in this title, sections 302, 304, 
and 305 shall not apply to a composite plan. 
‘‘(d) TREATMENT OF A COMPOSITE PLAN.—For pur-
poses of this Act (other than sections 302 and 4245), a 
composite plan shall be treated as if it were a defined ben-
efit plan unless a different treatment is provided for under 
applicable law. 
‘‘SEC. 802. FUNDED RATIOS; ACTUARIAL ASSUMPTIONS. 
‘‘(a) CERTIFICATION OF FUNDED RATIOS.— 
‘‘(1) IN
GENERAL.—Not later than the one- 
hundred twentieth day of each plan year of a com-
posite plan, the plan actuary of the composite plan 
shall certify to the Secretary, the Secretary of the 
Treasury, and the plan sponsor the plan’s current 
funded ratio and projected funded ratio for the plan 
year. 
‘‘(2) DETERMINATION
OF
CURRENT
FUNDED 
RATIO AND PROJECTED FUNDED RATIO.—For pur-
poses of this section: 
‘‘(A) CURRENT FUNDED RATIO.—The cur-
rent funded ratio is the ratio (expressed as a 
percentage) of— 
‘‘(i) the value of the plan’s assets as 
of the first day of the plan year; to 
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1250 
‘‘(ii) the plan actuary’s best estimate 
of the present value of the plan liabilities 
as of the first day of the plan year. 
‘‘(B) PROJECTED
FUNDED
RATIO.—The 
projected funded ratio is the current funded 
ratio projected to the first day of the fifteenth 
plan year following the plan year for which the 
determination is being made. 
‘‘(3) CONSIDERATION OF CONTRIBUTION RATE 
INCREASES.—For purposes of projections under this 
subsection, the plan sponsor may anticipate con-
tribution rate increases beyond the term of the cur-
rent collective bargaining agreement and any agreed- 
to supplements, up to a maximum of 2.5 percent per 
year, compounded annually, unless it would be un-
reasonable under the circumstances to assume that 
contributions would increase by that amount. 
‘‘(b) ACTUARIAL ASSUMPTIONS
AND METHODS.— 
For purposes of this part: 
‘‘(1) IN GENERAL.—All costs, liabilities, rates 
of interest and other factors under the plan shall be 
determined for a plan year on the basis of actuarial 
assumptions and methods— 
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‘‘(A) each of which is reasonable (taking 
into account the experience of the plan and rea-
sonable expectations); 
‘‘(B) which, in combination, offer the actu-
ary’s best estimate of anticipated experience 
under the plan; and 
‘‘(C) with respect to which any change 
from the actuarial assumptions and methods 
used in the previous plan year shall be certified 
by the plan actuary and the actuarial rationale 
for such change provided in the annual report 
required by section 103. 
‘‘(2) FAIR MARKET VALUE OF ASSETS.—The 
value of the plan’s assets shall be taken into account 
on the basis of their fair market value. 
‘‘(3) DETERMINATION OF NORMAL COST AND 
PLAN LIABILITIES.—A plan’s normal cost and liabil-
ities shall be based on the most recent actuarial 
valuation required under section 801(a)(5)(A) and 
the unit credit funding method. 
‘‘(4) TIME
WHEN
CERTAIN
CONTRIBUTIONS 
DEEMED MADE.—Any contributions for a plan year 
made by an employer after the last day of such plan 
year, but not later than two and one-half months 
after such day, shall be deemed to have been made 
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1252 
on such last day. For purposes of this paragraph, 
such two and one-half month period may be ex-
tended for not more than six months under regula-
tions prescribed by the Secretary of the Treasury. 
‘‘(5) ADDITIONAL ACTUARIAL ASSUMPTIONS.— 
Except where otherwise provided in this part, the 
provisions of section 305(b)(3)(B) shall apply to any 
determination or projection under this part. 
‘‘SEC. 803. REALIGNMENT PROGRAM. 
‘‘(a) REALIGNMENT PROGRAM.— 
‘‘(1) ADOPTION.—In any case in which the plan 
actuary certifies under section 802(a) that the plan’s 
projected funded ratio is below 120 percent for the 
plan year, the plan sponsor shall adopt a realign-
ment program under paragraph (2) not later than 
210 days after the due date of the certification re-
quired under such section 802(a). The plan sponsor 
shall adopt an updated realignment program for 
each succeeding plan year for which a certification 
described in the preceding sentence is made. 
‘‘(2) CONTENT OF REALIGNMENT PROGRAM.— 
‘‘(A) IN
GENERAL.—A realignment pro-
gram adopted under this paragraph is a written 
program which consists of all reasonable meas-
ures, including options or a range of options to 
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1253 
be undertaken by the plan sponsor or proposed 
to the bargaining parties, formulated, based on 
reasonably anticipated experience and reason-
able actuarial assumptions, to enable the plan 
to achieve a projected funded ratio of at least 
120 percent for the following plan year. 
‘‘(B) INITIAL PROGRAM ELEMENTS.—Rea-
sonable measures under a realignment program 
described in subparagraph (A) may include any 
of the following: 
‘‘(i) Proposed contribution increases. 
‘‘(ii) A reduction in the rate of future 
benefit accruals, so long as the resulting 
rate is not less than 1 percent of the con-
tributions on which benefits are based as 
of the start of the plan year (or the equiva-
lent standard accrual rate as described in 
section 305(e)(6)). 
‘‘(iii) A modification or elimination of 
adjustable benefits of participants that are 
not in pay status before the date of the no-
tice required under subsection (b)(1). 
‘‘(iv) Any other lawfully available 
measures not specifically described in this 
subparagraph or subparagraph (C) or (D) 
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that the plan sponsor determines are rea-
sonable. 
‘‘(C) ADDITIONAL PROGRAM ELEMENTS.— 
If the plan sponsor has determined that all rea-
sonable measures available under subparagraph 
(B) will not enable the plan to achieve a pro-
jected funded ratio of at least 120 percent for 
the following plan year, such reasonable meas-
ures may also include— 
‘‘(i) a reduction of accrued benefits 
that are not in pay status by the date of 
the 
notice 
required 
under 
subsection 
(b)(1); or 
‘‘(ii) a reduction of any benefits of 
participants that are in pay status before 
the date of the notice required under sub-
section (b)(1) other than core benefits as 
defined in paragraph (4). 
‘‘(D) ADDITIONAL
REDUCTIONS.—In the 
case of a composite plan for which the plan 
sponsor has determined that all reasonable 
measures available under subparagraphs (B) 
and (C) will not enable the plan to achieve a 
projected funded ratio of at least 120 percent 
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(i) by moving paragraphs (8), (10), 
and (12) each 2 ems to the left; 
(ii) by redesignating paragraphs (9) 
through (12) as paragraphs (12) through 
(15), respectively; and 
(iii) by inserting after paragraph (8) 
the following: 
‘‘(9) The Secretary may assess against any plan 
sponsor of a composite plan a civil penalty of not 
more than $1,100 per day for each violation by such 
sponsor— 
‘‘(A) of the requirement under section 
802(a) on the plan actuary to certify the plan’s 
current or projected funded ratio by the date 
specified in such subsection; or 
‘‘(B) of the requirement under section 803 
to adopt a realignment program by the deadline 
established in that section and to comply with 
its terms. 
‘‘(10)(A) The Secretary may assess against any 
plan sponsor of a composite plan a civil penalty of 
not more than $100 per day for each violation by 
such sponsor of the requirement under section 
803(b) to provide notice as described in such section, 
except that no penalty may be assessed in any case 
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in which the plan sponsor exercised reasonable dili-
gence to meet the requirements of such section 
and— 
‘‘(i) the plan sponsor did not know that the 
violation existed; or 
‘‘(ii) the plan sponsor provided such notice 
during the 30-day period beginning on the first 
date on which the plan sponsor knew, or in ex-
ercising reasonable due diligence should have 
known, that such violation existed. 
‘‘(B) In any case in which the plan sponsor ex-
ercised reasonable diligence to meet the require-
ments of section 803(b)— 
‘‘(i) the total penalty assessed under this 
paragraph against such sponsor for a plan year 
may not exceed $500,000; and 
‘‘(ii) the Secretary may waive part or all of 
such penalty to the extent that the payment of 
such penalty would be excessive or otherwise in-
equitable relative to the violation involved. 
‘‘(11) The Secretary may assess against any 
plan sponsor of a composite plan a civil penalty of 
not more than $100 per day for each violation by 
such sponsor of the notice requirements under sec-
tions 801(b)(5) and 805(b)(2).’’. 
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