II 

117TH CONGRESS 

1ST SESSION S. 279 

To require the Federal Communications Commission to update the national 

broadband plan, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2021 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

A BILL 

To require the Federal Communications Commission to 

update the national broadband plan, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘National Broadband 

5 Plan for the Future Act of 2021’’. 

6 SEC. 2. UPDATE TO NATIONAL BROADBAND PLAN. 

7 (a) DEFINITIONS.—In this section— 

8 (1) the term ‘‘appropriate committees of Con9 gress’’ means— 


pamtmann on DSKBC07HB2PROD with BILLS
2 

•S 279 IS

1 (A) the Committee on Commerce, Science, 

2 and Transportation of the Senate; and 

3 (B) the Committee on Energy and Com4 merce of the House of Representatives; 

5 (2) the term ‘‘broadband internet access serv6 ice’’ has the meaning given the term in section 

7 8.1(b) of title 47, Code of Federal Regulations, or 

8 any successor regulation; 

9 (3) the term ‘‘Commission’’ means the Federal 

10 Communications Commission; 

11 (4) the term ‘‘COVID–19 pandemic’’ means the 

12 outbreak and associated public health, economic, and 

13 other societal effects of the Coronavirus Disease 

14 2019 (referred to in this paragraph as ‘‘COVID– 

15 19’’) relating to the public health emergency de16 clared by the Secretary of Health and Human Serv17 ices under section 319 of the Public Health Service 

18 Act (42 U.S.C. 247d) on January 31, 2020, includ19 ing— 

20 (A) any renewal of that declaration; and 

21 (B) any subsequent declaration by the Sec22 retary of Health and Human Services relating 

23 to COVID–19; 

24 (5) the term ‘‘E-Rate program’’ means the pro25 gram set forth under subpart F of part 54 of title 


pamtmann on DSKBC07HB2PROD with BILLS
3 

•S 279 IS

1 47, Code of Federal Regulations, or any successor 

2 regulations; 

3 (6) the term ‘‘Lifeline’’ means the program set 

4 forth under subpart E of part 54 of title 47, Code 

5 of Federal Regulations, or any successor regulations; 

6 and 

7 (7) the term ‘‘national broadband plan’’ means 

8 the plan required to be submitted by the Commis9 sion to the appropriate committees of Congress 

10 under section 6001(k) of the American Recovery and 

11 Reinvestment Act of 2009 (47 U.S.C. 1305(k)). 

12 (b) UPDATE.— 

13 (1) IN GENERAL.—Not later than 1 year after 

14 the date of enactment of this Act, the Commission 

15 shall submit to the appropriate committees of Con16 gress a report containing an update to the national 

17 broadband plan. 

18 (2) CONTENTS.—The update to the national 

19 broadband plan required under paragraph (1) 

20 shall— 

21 (A) assess the progress of the United 

22 States in achieving the goals of the original na23 tional broadband plan during the 10-year period 

24 preceding the date of enactment of this Act; 


pamtmann on DSKBC07HB2PROD with BILLS
4 

•S 279 IS

1 (B) reassess the areas of focus contained 

2 within the original national broadband plan, in3 cluding through— 

4 (i) an analysis of the most effective 

5 and efficient mechanisms for ensuring ac6 cess to broadband internet access service 

7 by all people of the United States; 

8 (ii) a detailed strategy for achieving— 

9 (I) affordability of broadband 

10 internet access service (including 

11 through Lifeline); and 

12 (II) maximum utilization of 

13 broadband internet access service, and 

14 the infrastructure with respect to that 

15 service, by the public; 

16 (iii) an evaluation of the status of de17 ployment of broadband internet access 

18 service, including the progress of projects 

19 supported by the grants made pursuant to 

20 section 6001 of the American Recovery 

21 and Reinvestment Act of 2009 (47 U.S.C. 

22 1305); and 

23 (iv) a plan for use of broadband inter24 net access service, and the infrastructure 

25 with respect to that service, in advancing 


pamtmann on DSKBC07HB2PROD with BILLS
5 

•S 279 IS

1 racial justice, socioeconomic equity, con2 sumer welfare, civic participation, public 

3 safety and homeland security, community 

4 development, health care delivery, energy 

5 independence and efficiency, education, 

6 worker training, private sector investment, 

7 entrepreneurial activity, job creation and 

8 economic growth, and other national pur9 poses; 

10 (C) examine the effects of the COVID–19 

11 pandemic on how the people of the United 

12 States— 

13 (i) learn, including— 

14 (I) an analysis of the nature and 

15 extent of gaps between students who 

16 have access to broadband internet ac17 cess service at home and students who 

18 do not have access to that service; and 

19 (II) an identification of specific 

20 ways to close the gaps described in 

21 subclause (I), including through the 

22 E-Rate program and Lifeline; 

23 (ii) work, including by developing de24 tailed proposals that could make working 


pamtmann on DSKBC07HB2PROD with BILLS
6 

•S 279 IS

1 from home more practical for workers and 

2 more productive for employers; 

3 (iii) receive medical information and 

4 treatment, including by— 

5 (I) reviewing the adequacy and 

6 effectiveness of telemedicine programs 

7 implemented at the Federal and State 

8 levels; and 

9 (II) developing proposals for how 

10 the programs described in subclause 

11 (I) could be improved or expanded; 

12 and 

13 (iv) participate in civic communica14 tions, including by analyzing the effects 

15 that the COVID–19 pandemic and the in16 frastructure with respect to broadband 

17 internet access service in the United States 

18 have had on— 

19 (I) free expression and non-com20 mercial speakers in the United States; 

21 and 

22 (II) the availability of credible 

23 news and information, including pub24 lic health information, with respect to 

25 that pandemic; 


pamtmann on DSKBC07HB2PROD with BILLS
7 

•S 279 IS

1 (D) analyze the change in reliance that the 

2 people of the United States will have on services 

3 enabled by broadband internet access service as 

4 a result of the COVID–19 pandemic; and 

5 (E) develop— 

6 (i) short-term proposals to address the 

7 reliance described in subparagraph (D); 

8 and 

9 (ii) a long-term plan to address any 

10 systemic privacy and security challenges 

11 associated with the use of services de12 scribed in subparagraph (D). 

13 (3) SUBSEQUENT ANNUAL REPORTS.—Not later 

14 than 1 year after the date on which the Commission 

15 submits the report of the Commission required 

16 under paragraph (1), and annually thereafter, the 

17 Commission shall submit to the appropriate commit18 tees of Congress a report on the progress of the 

19 Commission in achieving the goals of the national 

20 broadband plan, as updated under this subsection. 

21 (4) PUBLIC AVAILABILITY.—The Commission 

22 shall publish the report submitted under paragraph 

23 (1), and each report submitted under paragraph (3), 

24 on a publicly available website. 


pamtmann on DSKBC07HB2PROD with BILLS
8 

•S 279 IS

1 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated to the Commission such 

3 sums as may be necessary to carry out this section. 

Æ 


pamtmann on DSKBC07HB2PROD with BILLS