House Dem Whip Pushes Broadband Funding In COVID-19 Bill

By Christopher Cole
Law360 is providing free access to its coronavirus coverage to make sure all members of the legal community have accurate information in this time of uncertainty and change. Use the form below to sign up for any of our weekly newsletters. Signing up for any of our section newsletters will opt you in to the weekly Coronavirus briefing.

Sign up for our Native American newsletter

You must correct or enter the following before you can sign up:

Select more newsletters to receive for free [+] Show less [-]

Thank You!



Law360 (April 30, 2020, 6:13 PM EDT ) The third-ranking U.S. House Democrat is spearheading a drive to shell out a new round of massive federal funding to expand broadband access as part of another relief package in response to the coronavirus outbreak, a spending plan that shows tentative signs of Republican backing.

Rep. James Clyburn, D-S.C., said Wednesday that wide disparities in high-speed internet access — with the lack of connectivity especially pronounced in rural areas and small towns — must be confronted immediately given the rapidly growing need for remote work and school. House Speaker Nancy Pelosi, who has described the issue as a "digital chasm," picked Clyburn to lead the legislative effort.

Pelosi earlier proposed setting aside $86 billion for broadband expansion in the fourth COVID-19 recovery package, but backed off days later. The idea was back on the table this week, with the speaker telling CNBC on Wednesday that "one of the things we'd like to see as we go forward is that we will have funding for broadband — always on, high speed, all over America."

But Clyburn, who chairs the Democrats' Rural Broadband Task Force, did not indicate Thursday how much money he's looking to secure in the next round. It was also unclear whether the plan would be wrapped into a second coronavirus CARES Act or a different supplemental spending package.

Clyburn said in Pelosi's Thursday press briefing that COVID-19 has made gaps in broadband across society even more starkly clear. He emphasized concern about a second pandemic wave putting regular school on hold for another year, further risking education. Numerous communities lack the means for remote classes, he said.

"The only way you can have online learning is with broadband," he said, but if a second wave cripples schools, some children will fall behind for a second year, which could be unrecoverable. When that happens, "that child will never graduate high school and become a productive citizen as a rule," he said. "There are exceptions."

While much of the House leaders' focus is on rural broadband, Pelosi added that many cities have pockets where people can't easily get online, which she termed "urban deserts."

Clyburn is working on the funding effort with Rep. Frank Pallone, D-N.J., chair of the House Energy and Commerce Committee, and 10 other Democrats.

While the initiative is driven by the House majority, there were signals Thursday that it could also pick up GOP support, at least conceptually.

House Minority Leader Kevin McCarthy, R-Calif., said during his Thursday press briefing that he's talked about the subject with President Donald Trump, and that Trump's main concern is getting infrastructure buildout done quickly.

"I think broadband is an appropriate discussion for us to have," McCarthy said when asked about Clyburn's plan.

But some Republicans, including Senate Majority Leader Mitch McConnell of Kentucky, have also previously been skeptical on infrastructure spending in general as part of the COVID-19 response.

Pelosi, who hopes to bring the House back into session in early May to tackle another COVID-19 relief package and set contentious new House rules to allow for proxy voting, made broadband funding a high-profile issue this week. The speaker also wants to pass a sweeping aid package for state, county and local governments, which is politically fraught.

The group Public Knowledge, which describes itself as protecting consumer rights "in the digital culture," has strongly advocated for the Clyburn proposal. Public Knowledge and 217 other public interest and industry groups urged Congress in a letter this week to include affordable broadband in future coronavirus relief packages.

It's not clear what kind of public reception the broadband initiative might get. A recent Pew Research Center poll found that 53% of U.S. adults said the internet has been essential for them personally during the pandemic and another 34% described it as "important, but not essential." However, the survey also found that 62% did not think the government has a responsibility to ensure all Americans have high-speed internet at home.

Democrats on the Senate side also moved to address internet connectivity Thursday, but targeted their proposal to helping K-12 students during the pandemic.

Sens. Edward Markey D-Mass., Chris Van Hollen, D-Md., Michael Bennet, D-Colo., and Maggie Hassan, D-N.H., said they plan to double their request from $2 billion to $4 billion in upcoming legislation aimed at ensuring all K-12 students have adequate home internet connectivity and devices during the pandemic.

Those lawmakers previously announced their plan to introduce a Senate companion to a House bill, the Emergency Educational Connections Act, recently introduced by Rep. Grace Meng, D-N.Y., containing the funds, but the senators would set aside twice as much.

--Additional reporting by Nadia Dreid, Andrew Kragie and Kelcee Griffis. Editing by Haylee Pearl.

For a reprint of this article, please contact reprints@law360.com.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!