S. 4438

119 S4438 IS: Promoting Access to Broadband Act of 2026
 U.S. Senate
 2026-04-29
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS  2d Session  S. 4438  IN THE SENATE OF THE UNITED STATES   April 29, 2026   Mr. Durbin  (for himself,  Mr. Padilla ,  Mr. Blumenthal ,  Mr. Markey ,  Ms. Klobuchar , and  Ms. Duckworth ) 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 to make grants available to States to inform individuals of potential eligibility for the Lifeline program of the Commission, and for other purposes.
1.
Short title
This Act may be cited as the   Promoting Access to Broadband Act of 2026  .
2.
Lifeline enrollment outreach grants
(a)
Definitions
In this section:
(1)
Commission
The term  Commission  means the Federal Communications Commission.
(2)
Covered individual
The term  covered individual  means an individual who—
(A)
is an eligible-but-not-enrolled individual; or
(B)
has the potential to be a qualifying low-income consumer under 54.409 of title 47, Code of Federal Regulations, or any successor regulation, due to the eligibility of the individual, a dependent of the individual, or the household of the individual to receive benefits from or participate in, as applicable, a program described in such section 54.409.
(3)
Eligible-but-not-enrolled individual
The term  eligible-but-not-enrolled individual  means an individual who is a qualifying low-income consumer under section 54.409 of title 47, Code of Federal Regulations, or any successor regulation, but is not enrolled in the Lifeline program.
(4)
Indian Tribe
The term  Indian Tribe  has the meaning given the term  Indian tribe  in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ).
(5)
Lifeline program
The term  Lifeline program  means the program set forth in subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulation.
(6)
Reach
The term  reach  means, with respect to an individual, to inform the individual of potential eligibility for the Lifeline program and to provide the individual with information about the Lifeline program, as described in subsection (e).
(7)
State
The term  State  means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each Indian Tribe.
(b)
Establishment
The Commission shall establish a competitive program to make grants available to States to inform covered individuals of potential eligibility for the Lifeline program.
(c)
Application
(1)
In general
The Commission may only award a grant under this section to a State that submits an application at such time, in such form, and with such information and assurances as the Commission may require.
(2)
Matters required to be included
An application submitted by a State under paragraph (1) shall include—
(A)
the number of covered individuals in the State;
(B)
a plan for the activities that the State will conduct using grant funds, including a list of each agency within the State that will assist in carrying out those activities; and
(C)
an estimate of the percentage of eligible-but-not-enrolled individuals in the State who will be reached by those activities.
(d)
Selection
(1)
Minimum number of States
The Commission shall award grants under this section to not fewer than 25 percent of the States that submit an application under subsection (c).
(2)
Factors for consideration
In awarding grants under this section, the Commission shall give favorable consideration to—
(A)
States that have higher numbers of covered individuals; and
(B)
States proposing, in the plans submitted under subsection (c)(2)(B), to conduct activities that have the potential to reach higher percentages of eligible-but-not-enrolled individuals in those States, as determined by the Commission, taking into consideration the estimates submitted under subsection (c)(2)(C).
(3)
Geographic diversity
In awarding grants under this section, the Commission shall, to the maximum extent practicable, select States from different geographic regions of the United States.
(e)
Use of funds
(1)
In general
A State that receives a grant under this section shall use grant funds, in accordance with the plan included in the application of the State under subsection (c)(2)(B), to—
(A)
inform covered individuals and organizations or agencies that serve covered individuals, as the case may be under the terms of the grant awarded to the State, of potential eligibility for the Lifeline program;
(B)
provide covered individuals with information about the Lifeline program, including—
(i)
how to apply for the Lifeline program; and
(ii)
a description of the prohibition on more than 1 subscriber in each household receiving a service provided under the Lifeline program; and
(C)
partner with nonprofit and community-based organizations that have a proven track record of working with covered individuals in implementing digital inclusion initiatives to provide covered individuals with—
(i)
assistance applying for the Lifeline program; and
(ii)
information about product and technology choices.
(2)
Multiple State agencies
A State that receives a grant under this section may provide grant funds to 1 or more agencies located within the State, as identified under subsection (c)(2)(B), to carry out the activities under the grant.
(f)
Outreach to States regarding grant program
Before accepting applications for the grant program established under this section, the Commission shall conduct outreach to States to ensure that States are aware of the grant program and how to apply for a grant under the grant program.
(g)
Regulations required
Not later than 30 days after the date of enactment of this Act, the Commission shall promulgate regulations to implement this section.
(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)
Exemptions
(1)
Certain rulemaking requirements
Section 553 of title 5, United States Code, shall not apply to a regulation promulgated under this section or a rulemaking proceeding to promulgate such a regulation.
(2)
Paperwork Reduction Act requirements
A collection of information conducted or sponsored under the regulations required under this section 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 ).
(j)
Report to Congress
(1)
In general
Not later than 3 years after establishing the grant program under this section, the Commission shall submit to Congress a report evaluating the effectiveness of the grant program.
(2)
Contents
The report submitted under paragraph (1) shall include—
(A)
the number of individuals notified of Lifeline program eligibility by States receiving grants under this section;
(B)
the number of new applicants to the Lifeline program from States receiving grants under this section, including the number of those applicants who enrolled in the Lifeline program; and
(C)
the cost-effectiveness of the grant program established under this section.
(k)
Authorization of appropriations
There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section for the first 5 full fiscal years beginning after the establishment of the grant program under this section.
3.
Grants to States to strengthen National Lifeline Eligibility Verifier
(a)
Definitions
In this section:
(1)
Commission
The term  Commission  means the Federal Communications Commission.
(2)
Eligible entity
The term  eligible entity  means a State that, not later than 30 days after the date of enactment of this Act, submits to the Commission an application for a grant under this section containing such information as the Commission may require.
(3)
State
The term  State  means each State of the United States, the District of Columbia, each commonwealth, territory, or possession of the United States, and each federally recognized Indian Tribe.
(b)
Establishment
Not later than 90 days after the date of enactment of this Act, the Commission shall establish a program to provide a grant, from amounts appropriated under subsection (e), to each eligible entity for the purpose described in subsection (c).
(c)
Purpose
The Commission shall make a grant to each eligible entity for the purpose of establishing, renewing, reestablishing, or maintaining or amending a connection between the databases of the eligible entity that contain information concerning the receipt by a household, or a member of a household, of benefits under a program administered by the eligible entity (including any benefit provided under the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. )) and the National Lifeline Eligibility Verifier so that the receipt by a household, or a member of a household, of benefits under the benefits program—
(1)
is reflected in the National Lifeline Eligibility Verifier; and
(2)
can be used to verify eligibility for the Lifeline program set forth in subpart E, part 54, of title 47, Code of Federal Regulations, or any successor regulation.
(d)
Disbursement of grant funds
Not later than 120 days after the date on which the Commission establishes the program under subsection (b), funds provided under each grant made under that subsection shall be disbursed to the eligible entity receiving the grant.
(e)
Authorization of appropriation
There is authorized to be appropriated such sums as may be necessary to carry out this section.