[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2729 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2729
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 14, 2021
Mr. Warnock introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
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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