Bill Summary
The Supporting Connectivity for Higher Education Students in Need Act is a bill that requires the Assistant Secretary of Commerce for Communications and Information, in consultation with the Secretary of Education, to create regulations for providing support to institutions of higher education. This support will be used to provide eligible services and equipment to students of those institutions. The bill prioritizes support for historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges or Universities, and other minority-serving institutions. It also requires institutions to prioritize students who are eligible for federal Pell Grants, need-based financial aid, Lifeline qualifying assistance programs, and other criteria. The bill establishes an Emergency Higher Education Connectivity Fund with a budget of $1 billion for fiscal year 2020, and outlines the process for institutions to apply for support, procure equipment and services, and use the support received. The regulations will terminate 60 days after the end of the public health emergency declared by the Secretary of Health and Human Services with respect to COVID-19, or any renewal of that declaration. The bill also exempts the regulations from certain rulemaking and paperwork requirements. Definitions for terms such as "broadband internet access service" and "eligible equipment" are provided in the bill, as well as provisions for continuity of funding and exemptions for students.
Possible Impacts
1. This legislation could potentially help low-income students who receive need-based financial aid or are eligible for Federal Pell Grants by providing them with necessary equipment and services for distance learning. This could help bridge the digital divide and ensure that all students have access to quality education during the COVID-19 pandemic.
2. The regulations outlined in this bill prioritize support for historically Black colleges and universities, Hispanic-serving institutions, Tribal Colleges or Universities, and minority-serving institutions. This could help these underrepresented groups of students have equal access to technology and resources for their education.
3. Institutions of higher education must apply for support under these regulations and follow specific reporting, recordkeeping, and compliance requirements. This could potentially create additional administrative burdens for these institutions and affect their ability to efficiently provide support to students.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6814 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 6814
To require the Assistant Secretary of Commerce for Communications and
Information, in consultation with the Secretary of Education, to
promulgate regulations to provide support to institutions of higher
education for the provision of certain equipment and services to
students of those institutions, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 12, 2020
Ms. Eshoo (for herself, Ms. Matsui, Mr. Butterfield, Mr. Castro of
Texas, Ms. Fudge, Ms. Blunt Rochester, and Ms. Adams) introduced the
following bill; which was referred to the Committee on Education and
Labor, and in addition to the Committee on Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To require the Assistant Secretary of Commerce for Communications and
Information, in consultation with the Secretary of Education, to
promulgate regulations to provide support to institutions of higher
education for the provision of certain equipment and services to
students of those institutions, 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 ``Supporting Connectivity for Higher
Education Students in Need Act''.
SEC. 2. FUNDS TO SUPPORT.
(a) Regulations Required.--
(1) In general.--Not later than 14 days after the date of
enactment of this Act, the Assistant Secretary, in consultation
with the Secretary of Education, shall promulgate regulations
for the provision, from amounts made available from the
Emergency Higher Education Connectivity Fund established under
subsection (d)(1), of support to an institution of higher
education for the purposes of providing eligible services and
eligible equipment to students of that institution.
(2) Content.--The regulations promulgated under paragraph
(1) shall--
(A) prioritize support for--
(i) an institution of higher education that
is eligible to receive a grant under part A or
B of title III or title V of the Higher
Education Act of 1965 (20 U.S.C. 1057 et seq.,
1060 et seq., 1101 et seq.), including--
(I) a historically Black college or
university;
(II) a Hispanic-serving
institution;
(III) a Tribal College or
University; and
(IV) a minority-serving
institution; and
(ii) a rural-serving institution;
(B) provide a mechanism to require an institution
of higher education to prioritize the provision of an
eligible service or eligible equipment to a student
who--
(i) is eligible to receive a Federal Pell
Grant;
(ii) is a recipient of any other need-based
financial aid from the Federal Government, a
State, or that institution of higher education;
(iii) is eligible for a Lifeline qualifying
assistance program;
(iv) is a low-income individual, as that
term is defined in section 312(g) of the Higher
Education Act of 1965 (20 U.S.C. 1058(g));
(v) is a first generation college student,
as that term is defined in section 646.7 of
title 34, Code of Federal Regulations (or any
successor regulation);
(vi) has been approved to receive Federal
or State unemployment insurance benefits since
March 1, 2020; or
(vii) the institution of higher education
believes lacks necessary connectivity for
participating in distance learning or academic
and student support services;
(C) establish a schedule of reasonable per-student
funding amounts for eligible services and eligible
equipment supported under those regulations;
(D) provide that--
(i) an institution of higher education that
purchases eligible equipment using support
received under those regulations may, after the
termination of those regulations under
subsection (b), use that eligible equipment for
purposes that the institution considers
appropriate, subject to any restrictions
provided in those regulations (or any successor
regulations that are promulgated on or before
the termination date described in paragraph (1)
of that subsection);
(ii) no person that receives support under
those regulations may sell or otherwise
transfer eligible support or eligible equipment
in exchange for anything (including a service)
of value, except that such person may exchange
that eligible equipment for upgraded equipment
of the same type; and
(iii) an institution of higher education
may use support received under those
regulations to provide eligible services and
eligible equipment in conjunction with other
Federal funding if the total amount of Federal
funding received by the institution is not
greater than the cost of so providing the
eligible services and eligible equipment; and
(E) establish reasonable requirements--
(i) for an institution of higher education
to apply for support under those regulations;
(ii) for an institution of higher education
to procure eligible services and eligible
equipment with support obtained under those
regulations;
(iii) with respect to reporting,
recordkeeping, retention of documents,
compliance, and audits for an institution of
higher education that receives support under
those regulations;
(iv) for payment and distribution of
support to institutions of higher education
under those regulations; and
(v) with respect to any other processes
that the Assistant Secretary, in consultation
with the Secretary of Education, determines to
be appropriate.
(b) Termination of Regulations.--
(1) In general.--Subject to paragraph (2), the regulations
promulgated under subsection (a) shall terminate on the date
that is 60 days after the date on which the public health
emergency declared by the Secretary of Health and Human
Services under section 319 of the Public Health Service Act (42
U.S.C. 247d) with respect to COVID-19, or any renewal of that
declaration, terminates.
(2) Continuity of funding.--If, during the period in which
the regulations promulgated under subsection (a) are in effect,
the Assistant Secretary makes a commitment to provide support
to an institution of higher education under those regulations,
the Assistant Secretary may make a payment with respect to that
commitment on any date that is on or before September 30, 2021.
(c) Exemptions.--
(1) Notice and comment rulemaking requirements.--
Subsections (b), (c), and (d) of section 553 of title 5, United
States Code, shall not apply with respect to a regulation
promulgated under subsection (a) of this section or a
rulemaking to promulgate such a regulation.
(2) Paperwork reduction act requirements.--A collection of
information conducted or sponsored under the regulations
promulgated 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 referred
to as the ``Paperwork Reduction Act'').
(d) Emergency Higher Education Connectivity Fund.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the ``Emergency Higher
Education Connectivity Fund''.
(2) Appropriation.--There is appropriated to the Emergency
Higher Education Connectivity Fund, out of any money in the
Treasury not otherwise appropriated, $1,000,000,000 for fiscal
year 2020, to remain available through fiscal year 2021.
(3) Use of funds.--Amounts in the Emergency Higher
Education Connectivity Fund shall be available to the Assistant
Secretary to provide support under the regulations promulgated
under subsection (a).
(e) Rule of Construction.--Nothing in this section, any regulation
promulgated under this section, or any policy established by an
institution of higher education to implement this section or a
regulation promulgated under this section may be construed to preclude
any student from receiving support provided under this section or a
regulation promulgated under this section.
(f) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Broadband internet access service.--The term
``broadband internet access service'' has the meaning given the
term in section 8.1(b) of title 47, Code of Federal Regulations
(or any successor regulation).
(3) Eligible equipment.--The term ``eligible equipment''
means any of the following:
(A) A laptop computer, tablet computer, or similar
device capable of connecting to broadband internet
access service.
(B) A modem.
(C) A router.
(D) A device that combines a modem and a router.
(E) A Wi-Fi hotspot.
(4) Eligible service.--The term ``eligible service''
means--
(A) broadband internet access service; and
(B) video-conferencing systems and services used
for distance learning.
(5) Federal pell grant.--The term ``Federal Pell Grant''
means a grant under section 401 of the Higher Education Act of
1965 (20 U.S.C. 1070a).
(6) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given the term in section
502 of the Higher Education Act of 1965 (20 U.S.C. 1101a).
(7) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(8) Institution of higher education.--The term
``institution of higher education'' means--
(A) an institution of higher education, as that
term is defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); or
(B) a postsecondary vocational institution, as that
term is defined in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
(9) Lifeline qualifying assistance progam.--The term
``Lifeline qualifying assistance program'' means a program
described in section 54.400(j) of title 47, Code of Federal
Regulations (or any successor regulation).
(10) Minority-serving institution.--The term ``minority-
serving institution'' means any of the following:
(A) An Alaska Native-serving institution (as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(B) A Native Hawaiian-serving institution (as that
term is defined in section 317(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059d(b))).
(C) A Predominantly Black institution (as that term
is defined in section 371(c) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(c))).
(D) An Asian American and Native American Pacific
Islander-serving institution (as that term is defined
in section 320(b) of the Higher Education Act of 1965
(20 U.S.C. 1059g(b))).
(E) A Native American-serving, nontribal
institution (as that term is defined in section 319(b)
of the Higher Education Act of 1965 (20 U.S.C.
1059f(b))).
(F) A consortium of any of the following:
(i) A historically Black college or
university.
(ii) A Hispanic-serving institution.
(iii) A Tribal College or University.
(iv) An institution described in any of
subparagraphs (A) through (E).
(11) Rural-serving institution.--The term ``rural-serving
institution'' has the meaning given the term ``rural-serving
institution of higher education'' in section 861(b) of the
Higher Education Act of 1965 (20 U.S.C. 1161q(b)).
(12) State.--The term ``State'' has the meaning given the
term in section 103 of the Higher Education Act of 1965 (20
U.S.C. 1003).
(13) Student.--The term ``student'', when used with respect
to an institution of higher education, means an individual who,
during the period in which the individual receives support
under the regulations promulgated under subsection (a), is--
(A) registered as a student with the institution;
(B) enrolled in not less than 1 class of the
institution; or
(C) otherwise considered a student by the
institution.
(14) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316 of the Higher Education Act of 1965 (20 U.S.C.
1059c).
(15) Wi-fi.--The term ``Wi-Fi'' means a wireless networking
protocol based on Institute of Electrical and Electronics
Engineers standard 802.11 (or any successor standard).
(16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means a
device that is capable of--
(A) receiving broadband internet access service;
and
(B) sharing broadband internet access service with
another device through the use of Wi-Fi.
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