I 

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. 

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 ‘‘Enabling Extra Time 

5 to Extend Network Deployment Act’’ or the ‘‘EXTEND 

6 Act’’. 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 8808 IH

1 SEC. 2. USE OF CORONAVIRUS RELIEF FUND PAYMENTS 

2 FOR GRANTS FOR DEPLOYMENT OF 

3 BROADBAND INFRASTRUCTURE. 

4 (a) IN GENERAL.—Section 601 of the Social Security 

5 Act (42 U.S.C. 801) is amended— 

6 (1) by redesignating subsections (e) through (g) 

7 as subsections (f) through (h), respectively; 

8 (2) in subsection (b)(2), by striking ‘‘subsection 

9 (e)’’ and inserting ‘‘subsection (f)’’; and 

10 (3) by inserting after subsection (d) the fol11 lowing: 

12 ‘‘(e) GRANTS FOR DEPLOYMENT OF BROADBAND IN13 FRASTRUCTURE.— 

14 ‘‘(1) IN GENERAL.—For the purposes of sub15 section (d), a grant awarded in accordance with this 

16 subsection to a provider of broadband internet ac17 cess service for the deployment of infrastructure for 

18 the provision of such service shall be treated as an 

19 eligible expenditure under paragraph (1) of such 

20 subsection (d) and paragraph (3) of such subsection 

21 shall be applied to such an expenditure by sub22 stituting ‘December 31, 2021’ for ‘December 30, 

23 2020’. 

24 ‘‘(2) LIMITATION REGARDING MUNICIPAL

25 BROADBAND.—A State, Tribal government, or unit 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 8808 IH

1 of local government may not use funds provided 

2 under a payment made under this section— 

3 ‘‘(A) to provide or offer for sale broadband 

4 internet access service; or 

5 ‘‘(B) to purchase, lease, or otherwise ob6 tain facilities that are used exclusively to pro7 vide broadband internet access service by— 

8 ‘‘(i) the State, Tribal government, or 

9 unit of local government; or 

10 ‘‘(ii) a third party. 

11 ‘‘(3) LIMITATION REGARDING OVER12 BUILDING.— 

13 ‘‘(A) IN GENERAL.—A State, Tribal gov14 ernment, or unit of local government may not 

15 award a grant from funds provided under a 

16 payment made under this section for the de17 ployment of infrastructure for the provision of 

18 broadband internet access in an area that is not 

19 an unserved area unless the State, Tribal gov20 ernment, or unit of local government has 

21 awarded grants from such funds for the deploy22 ment of such infrastructure in all unserved 

23 areas in the State, or in the jurisdiction of the 

24 Tribal government or unit of local government, 

25 as the case may be, such that no such area will 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 8808 IH

1 remain an unserved area after such deployment 

2 is complete. 

3 ‘‘(B) DETERMINATION OF UNSERVED

4 AREAS.—To determine whether an area is an 

5 unserved area for purposes of subparagraph 

6 (A), a State, Tribal government, or unit of local 

7 government shall— 

8 ‘‘(i) except as provided in clause (ii), 

9 use the maps created under section 

10 802(c)(1) of the Communications Act of 

11 1934 (47 U.S.C. 642(c)(1)); and 

12 ‘‘(ii) until such maps are available, 

13 use the final list of eligible areas released 

14 by the Commission in the matter of Rural 

15 Digital Opportunity Fund (WC Docket No. 

16 19–126), except that the State, Tribal gov17 ernment, or unit of local government shall 

18 exclude any area in the State, or in the ju19 risdiction of the Tribal government or unit 

20 of local government, as the case may be, 

21 with respect to which (as of the time of the 

22 determination)— 

23 ‘‘(I) funding has been awarded 

24 through the Rural Digital Oppor25 tunity Fund Phase I Auction; or 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 8808 IH

1 ‘‘(II) there is an enforceable com2 mitment by a provider of broadband 

3 internet access service to provide such 

4 service in the area, even if the service 

5 is not yet available, unless the pro6 vider is not meeting any applicable 

7 build-out deadlines. 

8 ‘‘(4) ADDITIONAL REQUIREMENTS.—A State, 

9 Tribal government, or unit of local government may 

10 not award a grant from funds provided under a pay11 ment made under this section for the deployment of 

12 infrastructure for the provision of broadband inter13 net access service unless the State, Tribal govern14 ment, or unit of local government— 

15 ‘‘(A) at least 90 days before awarding such 

16 grant, provides public notice, and an oppor17 tunity for challenge that begins on the date on 

18 which such public notice is provided and ends 

19 on the date that is 90 days thereafter, of which 

20 areas have been determined to be unserved 

21 areas under paragraph (3)(B) for purposes of 

22 the awarding of such grant; 

23 ‘‘(B) awards such grant in a techno24 logically neutral manner; 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 8808 IH

1 ‘‘(C) does not require a provider of 

2 broadband internet access service to be des3 ignated as an eligible telecommunications car4 rier under section 214(e) of the Communica5 tions Act of 1934 (47 U.S.C. 214(e)) as a con6 dition of receiving grant funds; 

7 ‘‘(D) does not require a provider of 

8 broadband internet access service to meet any 

9 requirement relating to the provision of such 

10 service (including an open access or rate re11 quirement) as a condition of receiving grant 

12 funds, except for a requirement that applies to 

13 providers of broadband internet access service 

14 as of the date of the enactment of this sub15 section; 

16 ‘‘(E) prohibits a provider of broadband 

17 internet access service from using grant funds 

18 to repay, or make any other payment relating 

19 to, a loan made by any public or private lender; 

20 and 

21 ‘‘(F) prohibits a provider of broadband 

22 internet access service from using grant funds 

23 as collateral for a loan made by any public or 

24 private lender. 

25 ‘‘(5) DEFINITIONS.—In this subsection: 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 8808 IH

1 ‘‘(A) BROADBAND INTERNET ACCESS

2 SERVICE.—The term ‘broadband internet access 

3 service’ has the meaning given such term in 

4 section 8.1(b) of title 47, Code of Federal Reg5 ulations (or any successor regulation). 

6 ‘‘(B) COMMISSION.—The term ‘Commis7 sion’ means the Federal Communications Com8 mission.’’. 

9 (b) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall apply with respect to payments 

12 made under section 601 of the Social Security Act 

13 (42 U.S.C. 801) on or after March 27, 2020, includ14 ing with respect to a grant from funds provided 

15 under such a payment for the deployment of infra16 structure for the provision of broadband internet ac17 cess service that was awarded, or the expenditure of 

18 such funds for a purpose described in subsection 

19 (e)(2) of such section that was incurred, by a State, 

20 Tribal government, or unit of local government be21 fore the date of the enactment of this Act. 

22 (2) DEFINITIONS.—In this subsection, the 

23 terms defined in section 601 of the Social Security 


kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 8808 IH

1 Act (42 U.S.C. 801) have the meanings given such 

2 terms in such section. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS