[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8808 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8808

   To amend title VI of the Social Security Act to permit the use of 
payments received under the Coronavirus Relief Fund for grants for the 
 deployment of infrastructure for the provision of broadband internet 
                access service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 24, 2020

 Mr. Aderholt (for himself, Mr. Latta, Mr. Johnson of Ohio, Mr. Byrne, 
 and Mrs. Rodgers of Washington) introduced the following bill; which 
         was referred to the Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
   To amend title VI of the Social Security Act to permit the use of 
payments received under the Coronavirus Relief Fund for grants for the 
 deployment of infrastructure for the provision of broadband internet 
                access service, 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 ``Enabling Extra Time to Extend 
Network Deployment Act'' or the ``EXTEND Act''.

SEC. 2. USE OF CORONAVIRUS RELIEF FUND PAYMENTS FOR GRANTS FOR 
              DEPLOYMENT OF BROADBAND INFRASTRUCTURE.

    (a) In General.--Section 601 of the Social Security Act (42 U.S.C. 
801) is amended--
            (1) by redesignating subsections (e) through (g) as 
        subsections (f) through (h), respectively;
            (2) in subsection (b)(2), by striking ``subsection (e)'' 
        and inserting ``subsection (f)''; and
            (3) by inserting after subsection (d) the following:
    ``(e) Grants for Deployment of Broadband Infrastructure.--
            ``(1) In general.--For the purposes of subsection (d), a 
        grant awarded in accordance with this subsection to a provider 
        of broadband internet access service for the deployment of 
        infrastructure for the provision of such service shall be 
        treated as an eligible expenditure under paragraph (1) of such 
        subsection (d) and paragraph (3) of such subsection shall be 
        applied to such an expenditure by substituting `December 31, 
        2021' for `December 30, 2020'.
            ``(2) Limitation regarding municipal broadband.--A State, 
        Tribal government, or unit of local government may not use 
        funds provided under a payment made under this section--
                    ``(A) to provide or offer for sale broadband 
                internet access service; or
                    ``(B) to purchase, lease, or otherwise obtain 
                facilities that are used exclusively to provide 
                broadband internet access service by--
                            ``(i) the State, Tribal government, or unit 
                        of local government; or
                            ``(ii) a third party.
            ``(3) Limitation regarding overbuilding.--
                    ``(A) In general.--A State, Tribal government, or 
                unit of local government may not award a grant from 
                funds provided under a payment made under this section 
                for the deployment of infrastructure for the provision 
                of broadband internet access in an area that is not an 
                unserved area unless the State, Tribal government, or 
                unit of local government has awarded grants from such 
                funds for the deployment of such infrastructure in all 
                unserved areas in the State, or in the jurisdiction of 
                the Tribal government or unit of local government, as 
                the case may be, such that no such area will remain an 
                unserved area after such deployment is complete.
                    ``(B) Determination of unserved areas.--To 
                determine whether an area is an unserved area for 
                purposes of subparagraph (A), a State, Tribal 
                government, or unit of local government shall--
                            ``(i) except as provided in clause (ii), 
                        use the maps created under section 802(c)(1) of 
                        the Communications Act of 1934 (47 U.S.C. 
                        642(c)(1)); and
                            ``(ii) until such maps are available, use 
                        the final list of eligible areas released by 
                        the Commission in the matter of Rural Digital 
                        Opportunity Fund (WC Docket No. 19-126), except 
                        that the State, Tribal government, or unit of 
                        local government shall exclude any area in the 
                        State, or in the jurisdiction of the Tribal 
                        government or unit of local government, as the 
                        case may be, with respect to which (as of the 
                        time of the determination)--
                                    ``(I) funding has been awarded 
                                through the Rural Digital Opportunity 
                                Fund Phase I Auction; or
                                    ``(II) there is an enforceable 
                                commitment by a provider of broadband 
                                internet access service to provide such 
                                service in the area, even if the 
                                service is not yet available, unless 
                                the provider is not meeting any 
                                applicable build-out deadlines.
            ``(4) Additional requirements.--A State, Tribal government, 
        or unit of local government may not award a grant from funds 
        provided under a payment made under this section for the 
        deployment of infrastructure for the provision of broadband 
        internet access service unless the State, Tribal government, or 
        unit of local government--
                    ``(A) at least 90 days before awarding such grant, 
                provides public notice, and an opportunity for 
                challenge that begins on the date on which such public 
                notice is provided and ends on the date that is 90 days 
                thereafter, of which areas have been determined to be 
                unserved areas under paragraph (3)(B) for purposes of 
                the awarding of such grant;
                    ``(B) awards such grant in a technologically 
                neutral manner;
                    ``(C) does not require a provider of broadband 
                internet access service to be designated as an eligible 
                telecommunications carrier under section 214(e) of the 
                Communications Act of 1934 (47 U.S.C. 214(e)) as a 
                condition of receiving grant funds;
                    ``(D) does not require a provider of broadband 
                internet access service to meet any requirement 
                relating to the provision of such service (including an 
                open access or rate requirement) as a condition of 
                receiving grant funds, except for a requirement that 
                applies to providers of broadband internet access 
                service as of the date of the enactment of this 
                subsection;
                    ``(E) prohibits a provider of broadband internet 
                access service from using grant funds to repay, or make 
                any other payment relating to, a loan made by any 
                public or private lender; and
                    ``(F) prohibits a provider of broadband internet 
                access service from using grant funds as collateral for 
                a loan made by any public or private lender.
            ``(5) Definitions.--In this subsection:
                    ``(A) Broadband internet access service.--The term 
                `broadband internet access service' has the meaning 
                given such term in section 8.1(b) of title 47, Code of 
                Federal Regulations (or any successor regulation).
                    ``(B) Commission.--The term `Commission' means the 
                Federal Communications Commission.''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply with respect to payments made under section 601 of the 
        Social Security Act (42 U.S.C. 801) on or after March 27, 2020, 
        including with respect to a grant from funds provided under 
        such a payment for the deployment of infrastructure for the 
        provision of broadband internet access service that was 
        awarded, or the expenditure of such funds for a purpose 
        described in subsection (e)(2) of such section that was 
        incurred, by a State, Tribal government, or unit of local 
        government before the date of the enactment of this Act.
            (2) Definitions.--In this subsection, the terms defined in 
        section 601 of the Social Security Act (42 U.S.C. 801) have the 
        meanings given such terms in such section.
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