Computer and Internet Access Equity Act

I 117TH CONGRESS 1ST SESSION H. R. 2201 To provide tax credits to low- to moderate-income individuals for certain computer and education costs, to direct the Federal Communications Commission to modify the requirements for the Lifeline program to provide increased support, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 26, 2021 Mr. DANNY K. DAVIS of Illinois introduced the following bill; which was re- ferred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently de- termined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To provide tax credits to low- to moderate-income individuals for certain computer and education costs, to direct the Federal Communications Commission to modify the re- quirements for the Lifeline program to provide increased support, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Computer and Internet 4 Access Equity Act’’. 5 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2201 IH SEC. 2. PURPOSES. 1 The purposes of this Act are— 2 (1) to create a comprehensive initiative that will 3 address the need for both computer equipment or 4 devices and broadband/internet subscriptions to cre- 5 ate equity in marginalized communities, 6 (2) to address the problem of ensuring that low 7 and moderate-income school-age children, youth, and 8 college students have access to computer technology 9 before, during and after the pandemic, which is both 10 a national concern and an education and equity 11 issue, and 12 (3) to create a $10,000 lifetime tax credit for 13 computer costs for individuals ($20,000 for joint re- 14 turns) in low and moderate-income communities. 15 Many individuals, especially students in elementary 16 schools, are not familiar with completing homework 17 in a computer environment. This legislation also pro- 18 vides 501(c)3 and 501(c)4 organizations and accred- 19 ited academic institutions with funding to provide 20 training and technical support in the use of com- 21 puters and associated technology. 22 SEC. 3. FINDINGS. 23 Congress finds the following: 24 (1) A PEW Research Center study revealed 25 that while 58 percent of 8th graders in the United 26 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2201 IH States use a computer to complete homework, low 1 and moderate-income and minority students use 2 cellphones, public wi-fi, or are unable to do their 3 homework. The Pew Research Center study noted 4 that 35 percent of teens in the United States use a 5 cell phone, and 12 percent use public wi-fi. Unfortu- 6 nately, 17 percent of teens in the United States are 7 unable to complete their homework at all, with 25 8 percent of Black students and students with a 9 household income of less than $30,000 leading the 10 digital homework gap. 11 (2) The Southern Education Foundation re- 12 ported that 15 million to 16 million K–12 public 13 school students are caught in the digital divide, in- 14 cluding more rural states with 40 to 50 percent of 15 students in Alabama, Arkansas, Oklahoma, and Mis- 16 sissippi are seriously affected. Also, the SEF reports 17 that Black, Latinx, and Native American students 18 make up about 55 percent of disconnected students 19 while representing about 40 percent of total stu- 20 dents. 21 (3) As of March 2020, the United States Food 22 and Nutrition Services reported that approximately 23 37,000,000 people are receiving SNAP benefits. Of 24 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2201 IH the 37,000,000 SNAP participants, 44 percent of 1 participants were under 18 years old and school age. 2 (4) The United States Food and Nutrition 3 Services also reports that 20,000,000 young people 4 receive free lunch in the nation’s schools. Also, in 5 the United States, 72,000,000 people under 18 live 6 in poverty. When linked to the PEW Research Cen- 7 ter data, this data is an indicator of many millions 8 of low and moderate-income individuals without 9 computers and internet subscriptions during the 10 coronavirus pandemic. 11 (5) The Education Journal reported in 2018 12 that 1.2 million children are falling behind at school 13 because they do not have access to an internet con- 14 nection at home. 15 (6) Many experts agree two issues prevent the 16 elimination of the digital poverty divide: 17 (A) access to devices such as computers 18 and tablets; and 19 (B) Internet access or internet subscrip- 20 tions. 21 (7) Pew research provided evidence of the need 22 for digital literacy, stating in a new analysis that 59 23 percent of parents with lower incomes who had chil- 24 dren in schools that were remote at the time said 25 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2201 IH their children would likely face at least one of three 1 digital obstacles. 2 SEC. 4. INCREASED LIFELINE SUPPORT. 3 (a) DEFINITIONS.—In this section: 4 (1) COMMISSION.—The term ‘‘Commission’’ 5 means the Federal Communications Commission. 6 (2) TERMS DEFINED IN REGULATIONS.—The 7 terms defined in section 54.400 of title 47, Code of 8 Federal Regulations (or any successor regulation), 9 have the meanings given those terms in that section. 10 (b) REGULATIONS.—Not later than 14 days after the 11 date of enactment of this Act, the Commission shall pro- 12 mulgate regulations to modify the requirements for the 13 Lifeline program set forth in subpart E of part 54 of title 14 47, Code of Federal Regulations (as in effect on the date 15 of enactment of this Act) to provide for the following: 16 (1) The amount of Lifeline support that a pro- 17 vider of Lifeline service may receive for providing 18 such service to each qualifying low-income consumer 19 shall be increased by the lesser of— 20 (A) $83.33 per month; or 21 (B) the amount needed to make the 22 amount of Lifeline support received by the pro- 23 vider equal to the cost of providing such service, 24 except that such cost may not exceed the cost 25 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2201 IH to the provider of providing an equivalent level 1 of voice telephony service or broadband internet 2 access service (as applicable) to a consumer who 3 does not receive Lifeline service. 4 (2) The percentage of the Federal Poverty 5 Guidelines (as specified in section 54.409(a)(1) of 6 title 47, Code of Federal Regulations) at or below 7 which a consumer’s household income must be in 8 order for the consumer to constitute a qualifying 9 low-income consumer on the basis of income shall be 10 increased to 435 percent. 11 (3) A provider of broadband internet access 12 service shall not be required to be designated as an 13 eligible telecommunications carrier under section 14 214(e) of the Communications Act of 1934 (47 15 U.S.C. 214(e)) in order to receive Lifeline support 16 for providing such service to a qualifying low-income 17 consumer. 18 (c) DURATION.—The modifications made by the reg- 19 ulations promulgated under subsection (b) shall cease to 20 have any force or effect on the date that is 12 years after 21 the date on which the regulations are promulgated. 22 (d) CONSUMER PROTECTIONS.— 23 (1) IN GENERAL.—A provider of broadband 24 internet access service that receives Lifeline support 25 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2201 IH for providing such service to a qualified low-income 1 consumer— 2 (A) shall provide such service to the con- 3 sumer at a minimum speed of 25 megabits per 4 second for downloads and 3 megabits per sec- 5 ond for uploads, which minimum speed shall be 6 reevaluated and, if appropriate, increased by 7 the Commission not less frequently than once 8 every 3 years; 9 (B) shall provide a level of customer serv- 10 ice to the consumer that is comparable to the 11 customer service that the provider provides to 12 consumers of broadband internet access service 13 who do not receive Lifeline service; 14 (C) shall offer such service to each quali- 15 fied low-income consumer in the designated 16 service area of the provider; and 17 (D)(i) shall advertise the availability of 18 such service and the charges therefore using 19 media of general distribution throughout the 20 designated service area of the provider to in- 21 crease awareness among consumers (including 22 non-English speaking consumers) that they may 23 be eligible for such service; and 24 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2201 IH (ii) may partner with State agencies re- 1 sponsible for the provision of social assistance 2 and service programs in conducting advertising 3 under clause (i). 4 (2) DESIGNATED SERVICE AREA.—A State com- 5 mission or the Commission, as applicable, shall es- 6 tablish a designated service area for a provider of 7 broadband internet access service described in para- 8 graph (1) for purposes of that paragraph in the 9 same manner as the State commission or Commis- 10 sion establishes a designated service area for a com- 11 mon carrier under paragraph (5) or (6), as applica- 12 ble, of section 214(e) of the Communications Act of 13 1934 (47 U.S.C. 214(e)). 14 SEC. 5. INTERNET EDUCATION AND TRAINING GRANT PRO- 15 GRAM. 16 (a) DEFINITIONS.—In this section: 17 (1) COMMISSION.—The term ‘‘Commission’’ 18 means the Federal Communications Commission. 19 (2) COMMUNITY-BASED ORGANIZATION.—The 20 term ‘‘community-based organization’’ has the 21 meaning given the term in section 3 of the Work- 22 force Innovation and Opportunity Act (29 U.S.C. 23 3102). 24 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2201 IH (3) DIGITAL LITERACY.—The term ‘‘digital lit- 1 eracy’’ means the skills associated with using tech- 2 nology. 3 (4) ELIGIBLE ENTITY.—The term ‘‘eligible enti- 4 ty’’ means— 5 (A) a nonprofit organization; 6 (B) a not-for-profit social welfare organiza- 7 tion; or 8 (C) a community-based organization. 9 (5) FEDERAL POVERTY GUIDELINES.—The 10 term ‘‘Federal Poverty Guidelines’’ means the Fed- 11 eral Poverty Guidelines used for purposes of section 12 54.409(a)(1) of title 47, Code of Federal Regula- 13 tions (or any successor regulation). 14 (6) HOUSEHOLD.—The term ‘‘household’’ has 15 the meaning given the term in section 54.400 of title 16 47, Code of Federal Regulations (or any successor 17 regulation). 18 (7) INCOME.—The term ‘‘income’’ has the 19 meaning given the term in section 54.400 of title 47, 20 Code of Federal Regulations (or any successor regu- 21 lation). 22 (8) NONPROFIT ORGANIZATION.—The term 23 ‘‘nonprofit organization’’ means an organization de- 24 scribed in section 501(c)(3) of the Internal Revenue 25 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2201 IH Code of 1986 and exempt from tax under section 1 501(a) of such Code. 2 (9) NOT-FOR-PROFIT SOCIAL WELFARE ORGANI- 3 ZATION.—The term ‘‘not-for-profit social welfare or- 4 ganization’’ means an organization described in sec- 5 tion 501(c)(4) of the Internal Revenue Code of 1986 6 and exempt from tax under section 501(a) of such 7 Code. 8 (b) GRANTS AUTHORIZED.—Not later than 100 days 9 after the date of enactment of this Act, the Commission 10 shall establish a program to make grants on a competitive 11 basis to eligible entities to develop and carry out an inter- 12 net safety education or training program. 13 (c) APPLICATIONS.—An eligible entity that wishes to 14 receive a grant under this section shall submit to the Com- 15 mission an application at such time, in such manner, and 16 containing such information as the Commission may re- 17 quire. 18 (d) USE OF FUNDS.—An eligible entity that receives 19 a grant under this section shall use grant funds to— 20 (1) develop a program to provide internet edu- 21 cation and training, which may address cyberbully- 22 ing, online privacy, cybersecurity, and digital lit- 23 eracy, to individuals living in households with an in- 24 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2201 IH come at or below 435 percent of the Federal Poverty 1 Guidelines for households of the applicable size; and 2 (2) provide such education or training to such 3 individuals through such program. 4 (e) REPORTS.— 5 (1) REPORTS TO COMMISSION.—Not later than 6 3 years after the date on which an eligible entity re- 7 ceives a grant under this section, the eligible entity 8 shall publish and submit to the Commission a report 9 that— 10 (A) describes the use of the grant by the 11 eligible entity, including the number of individ- 12 uals served by the eligible entity using grant 13 funds; 14 (B) describes the progress of the eligible 15 entity toward fulfilling the objectives for which 16 the grant was awarded; and 17 (C) includes any additional information re- 18 quired by the Commission. 19 (2) REPORT TO CONGRESS.—Not later than 5 20 years after the date of enactment of this Act, the 21 Commission shall publish and submit to Congress a 22 report that— 23 VerDate Sep 11 2014 01:10 May 21, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2201.IH H2201 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2201 IH (A) summarizes the data from the reports 1 that the Commission has received under para- 2 graph (1); and 3 (B) assesses the effectiveness and cost-ef- 4 fectiveness of the grant program established 5 under this section. 6 (f) AUTHORIZATION OF APPROPRIATIONS.—There 7 are authorized to be appropriated such sums as may be 8 necessary to carry out this section. 9 SEC. 6. CREDIT FOR COMPUTER COSTS. 10 (a) IN GENERAL.—Subpart C of part IV of sub- 11 chapter A of chapter 1 of the Internal Revenue Code of 12 1986 is [Text truncated for display. Full text available on Congress.gov.]