Device Access for Every American Act
Bill: H.R.5257 | Sponsor: Rep. McEachin, A. Donald (D-VA)
Policy area: Science, Technology, Communications

Summary:
Device Access for Every American Act
This bill requires the Federal Communications Commission (FCC) to establish a program that provides a $400 voucher to a low-income individual for the purchase of a connected device (i.e., a desktop, laptop, or tablet computer) for which the FCC shall reimburse the retailer.
The FCC must (1) collaborate with retailers to ensure the wide acceptance of vouchers and the wide availability of covered devices, (2) establish a website that links to offerings by retailers of eligible connected devices, (3) establish a catalog of such offerings that is accessible to consumers without internet access, and (4) advertise the availability of the program.

To direct the Federal Communications Commission to establish a program 
through which eligible individuals may obtain vouchers for the purchase 
             of connected devices, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Device Access for Every American 
Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) approximately 25 percent of adults in the United States 
        do not own a computer;
            (2) 4,400,000 households with students still lack 
        consistent access to a computer, which prevents those students 
        from completing schoolwork;
            (3) there are no reliable estimates about the number of 
        students forced to share a computer with another member of 
        their household, potentially forcing the household to choose 
        between important online activities such as work and learning;
            (4) for those households without a computer or tablet, most 
        cannot afford one; and
            (5) while computer access is nearly ubiquitous among high-
        income households, 40 percent of low-income adults lack a 
        computer.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) Connected device.--The term ``connected device'' means 
        any of the following:
                    (A) A desktop computer.
                    (B) A laptop computer.
                    (C) A tablet computer.
                    (D) Any similar device (except for a telephone or 
                smartphone) that the Commission determines should be 
                eligible for the use of a voucher under the program.
            (3) Eligible expenses.--The term ``eligible expenses'' 
        means, with respect to a connected device--
                    (A) the retail price of the connected device;
                    (B) any sales taxes collected by the retailer with 
                respect to the sale of the connected device;
                    (C) any shipping charges assessed by the retailer 
                with respect to the connected device; and
                    (D) any reasonable (as defined by the Commission) 
                product warranty and technical support services.
            (4) Eligible individual.--The term ``eligible individual'' 
        means an individual who is a member of an eligible household, 
        as defined in section 904(a)(6) of division N of the 
        Consolidated Appropriations Act, 2021 (Public Law 116-260), 
        except that--
                    (A) in determining under subparagraph (A) of such 
                section 904(a)(6) for purposes of this paragraph 
                whether at least 1 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, paragraph (1) of such subsection 
                (a) shall be applied by striking ``135 percent'' and 
                inserting ``150 percent''; and
                    (B) subparagraphs (C) and (E) of such section 
                904(a)(6) shall not apply for purposes of this 
                paragraph.
            (5) Program.--The term ``program'' means the program 
        established under section 4.

SEC. 4. CONNECTED DEVICE VOUCHER PROGRAM.

    (a) Establishment; Regulations.--Not later than 180 days after the 
date of enactment of this Act, the Commission shall establish, and 
promulgate regulations to implement in accordance with this section, a 
program through which--
            (1) an eligible individual may obtain a voucher that can be 
        applied toward the purchase of a connected device from a 
        retailer; and
            (2) the Commission reimburses the retailer in an amount 
        equal to the lesser of--
                    (A) the amount of the voucher; or
                    (B) the eligible expenses with respect to the 
                connected device.
    (b) Amount of Voucher.--
            (1) In general.--The amount of a voucher under the program 
        shall be $400, as such amount may be adjusted by the Commission 
        under paragraph (2).
            (2) Reevaluation; adjustment.--Not later than 3 years after 
        the date on which the Commission promulgates regulations under 
        subsection (a), and every 3 years thereafter, the Commission 
        shall--
                    (A) reevaluate the amount of the voucher; and
                    (B) after conducting such reevaluation, if 
                necessary to ensure that the voucher reflects the 
                average amount of eligible expenses with respect to a 
                connected device, adjust the amount of the voucher.
            (3) Price of connected device exceeding amount of 
        voucher.--If the eligible expenses with respect to a connected 
        device exceed the amount of the voucher, an eligible individual 
        may--
                    (A) apply the voucher to such expenses; and
                    (B) pay the remainder of such expenses to the 
                retailer from other funds available to the individual.
    (c) Number and Frequency of Vouchers.--An eligible individual may 
obtain 1 voucher under the program every 4 years, except that not more 
than 2 eligible individuals per household may obtain a voucher under 
the program every 4 years.
    (d) Minimum Standards for Connected Devices.--
            (1) In general.--A voucher under the program may not be 
        applied toward the purchase of a connected device unless the 
        connected device meets minimum standards to ensure that 
        connected devices meet the needs of the average user, which the 
        Commission shall establish in the regulations promulgated under 
        subsection (a).
            (2) Reevaluation; revision.--Not later than 3 years after 
        the date on which the Commission promulgates regulations under 
        subsection (a), and every 3 years thereafter, the Commission 
        shall--
                    (A) reevaluate the minimum standards established 
                under paragraph (1); and
                    (B) after conducting such reevaluation, if 
                necessary to ensure that connected devices continue to 
                meet the needs of the average user, revise such minimum 
                standards.
            (3) Standards for new and refurbished devices.--The 
        Commission may establish separate minimum standards under 
        paragraph (1) for new connected devices and for refurbished 
        connected devices.
    (e) Collaboration With Retailers.--
            (1) In general.--The Commission shall collaborate with 
        retailers to ensure the wide acceptance of vouchers and the 
        wide availability of covered devices that will be free of 
        charge to consumers after applying a voucher.
            (2) Website.--The Commission shall establish a website, 
        which shall--
                    (A) link to offerings by retailers of connected 
                devices eligible for the use of a voucher under the 
                program so that a consumer may initiate the purchase of 
                such a device using the voucher through the website; 
                and
                    (B) if the number of vouchers available over a 
                particular time period is limited, indicate the number 
                of vouchers remaining.
            (3) Catalog.--The Commission shall establish a catalog, 
        which shall--
                    (A) be accessible to consumers without internet 
                access and include offerings by retailers of connected 
                devices eligible for the use of a voucher under the 
                program; and
                    (B) if the number of vouchers available over a 
                particular time period is limited, indicate the number 
                of vouchers remaining.
    (f) Advertisement of Program.--The Commission shall advertise the 
availability of the program, including by carrying out advertising 
campaigns in collaboration with retailers of connected devices.
    (g) Technical Assistance.--The Commission shall provide technical 
assistance to retailers, eligible individuals, and community-based 
organizations regarding participation in the program.
    (h) Enforcement.--
            (1) In general.--A violation of this section or a 
        regulation promulgated under this section shall be treated as a 
        violation of the Communications Act of 1934 (47 U.S.C. 151 et 
        seq.) or a regulation promulgated under that Act.
            (2) Manner of enforcement.--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 
        jurisdiction, powers, and duties as though all applicable terms 
        and provisions of the Communications Act of 1934 (47 U.S.C. 151 
        et seq.) were incorporated into and made a part of this 
        section.
    (i) Use of Universal Service Administrative Company Permitted.--The 
Commission shall have the authority to avail itself of the services of 
the Universal Service Administrative Company to implement the program, 
including developing and processing reimbursements and distributing 
funds.
    (j) Paperwork Reduction Act Requirements.--A collection of 
information conducted or sponsored under the regulations required under 
subsection (a) shall not constitute a collection of information for the 
purposes of subchapter I of chapter 35 of title 44, United States Code 
(commonly known as the ``Paperwork Reduction Act'').
    (k) Privacy Act of 1974 Requirements.--The requirements to publish 
notices related to system of records notices or computer matching 
agreements of the agency before implementation required under 
paragraphs (4), (11), and (12) of section 552a(e) and to provide 
adequate advanced notice under section 552a(r) of title 5, United 
States Code (commonly known as the ``Privacy Act of 1974''), shall not 
apply when the matching program is necessary to determine eligibility 
under the program, except that the notices shall be--
            (1) sent to the Committee on Homeland Security and 
        Governmental Affairs of the Senate, the Committee on Oversight 
        and Reform of the House of Representatives, and the Office of 
        Management and Budget; and
            (2) simultaneously submitted for publication in the Federal 
        Register.
    (l) Authorization of Appropriations.--There is authorized to be 
appropriated to the Commission for fiscal year 2022, to remain 
available until September 30, 2026, $5,000,000,000 to carry out this 
section, of which not more than 3 percent may be used to administer and 
promote the program.
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