Title: Broadband Parity Act of 2019
Policy area: Science, Technology, Communications

Summary:
Broadband Parity Act of 2019
This bill prohibits an agency from providing assistance to a broadband internet access service through a federal broadband support program unless the service to be assisted meets or exceeds (or will meet or exceed when deployed) minimum download and upload speeds established by the Federal Communications Commission.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2816 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2816

To ensure that fixed broadband internet access service assisted by any 
   Federal broadband support program meets a minimum speed threshold.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 7, 2019

Ms. Rosen (for herself and Mrs. Capito) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To ensure that fixed broadband internet access service assisted by any 
   Federal broadband support program meets a minimum speed threshold.

    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 ``Broadband Parity Act of 2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Agency.--The term ``agency'' has the meaning given the 
        term in section 551 of title 5, United States Code.
            (2) Federal broadband support program.--The term ``Federal 
        broadband support program'' means any of the following programs 
        (or any other similar Federal program) to the extent the 
        program offers fixed broadband internet access service or 
        programs for promoting access to and adoption of fixed 
        broadband internet access service for various demographic 
        communities through various media for residential, commercial, 
        or community providers, or academic establishments:
                    (A) The Telecommunications and Technology Program 
                of the Appalachian Regional Commission.
                    (B) The following programs of the Rural Utilities 
                Service of the Department of Agriculture:
                            (i) The Telecommunications Infrastructure 
                        Loan and Loan Guarantee Program established 
                        under the Rural Electrification Act of 1936 (7 
                        U.S.C. 901 et seq.).
                            (ii) Any program to provide grants, loans, 
                        or loan guarantees under sections 601 through 
                        603 of the Rural Electrification Act of 1936 (7 
                        U.S.C. 950bb et seq.).
                            (iii) The substantially underserved trust 
                        area initiative under section 306F of the Rural 
                        Electrification Act of 1936 (7 U.S.C. 936f).
                            (iv) The Community Connect Grant Program 
                        established under section 604 of the Rural 
                        Electrification Act of 1936 (7 U.S.C. 950bb-3).
                            (v) The distance learning and telemedicine 
                        grant program established under chapter 1 of 
                        subtitle D of title XXII of the Food, 
                        Agriculture, Conservation, and Trade Act of 
                        1990 (7 U.S.C. 950aaa et seq.).
                    (C) The following programs of the Economic 
                Development Administration of the Department of 
                Commerce:
                            (i) The Public Works and Economic 
                        Adjustment Assistance Programs.
                            (ii) The Planning and Local Technical 
                        Assistance Programs.
                    (D) The following programs of the Department of 
                Housing and Urban Development:
                            (i) The Community Development Block Grant 
                        Program under title I of the Housing and 
                        Community Development Act of 1974 (42 U.S.C. 
                        5301 et seq.).
                            (ii) The loan guarantee program under 
                        section 108 of the Housing and Community 
                        Development Act of 1974 (42 U.S.C. 5308) 
                        (commonly known as the ``Section 108 Loan 
                        Guarantee Program'').
                            (iii) Assistance from the Public Housing 
                        Capital Fund established under section 9(d) of 
                        the United States Housing Act of 1937 (42 
                        U.S.C. 1437g(d)).
                            (iv) Assistance from the Public Housing 
                        Operating Fund established under section 9(e) 
                        of the United States Housing Act of 1937 (42 
                        U.S.C. 1437g(e)).
                            (v) The Multifamily Housing Programs.
                            (vi) The Indian Community Development Block 
                        Grant Program.
                            (vii) The Indian Housing Block Grant 
                        Program under section 101 of the Native 
                        American Housing Assistance and Self-
                        Determination Act of 1996 (25 U.S.C. 4111).
                            (viii) Loan guarantees under title VI of 
                        the Native American Housing Assistance and 
                        Self-Determination Act of 1996 (25 U.S.C. 4191 
                        et seq.) (commonly known as the ``Title VI Loan 
                        Guarantee Program'').
                            (ix) The Choice Neighborhoods Initiative.
                            (x) The HOME Investment Partnerships 
                        Program authorized under title II of the 
                        Cranston-Gonzalez National Affordable Housing 
                        Act (42 U.S.C. 12721 et seq.).
                            (xi) The Housing Trust Fund established 
                        under section 1338 of the Federal Housing 
                        Enterprises Financial Safety and Soundness Act 
                        of 1992 (12 U.S.C. 4568).
                            (xii) The Housing Opportunities for Persons 
                        With AIDS Program authorized under the AIDS 
                        Housing Opportunity Act (42 U.S.C. 12901 et 
                        seq.).
                    (E) The American Job Centers of the Employment and 
                Training Administration of the Department of Labor.
                    (F) The Library Services and Technology Grant 
                Programs of the Institute of Museum and Library 
                Services.
                    (G) Any program authorized under section 254 of the 
                Communications Act of 1934 (47 U.S.C. 254) to help 
                deploy fixed broadband internet access service.

SEC. 3. UNIVERSAL MINIMUM SPEEDS FOR FEDERALLY SUPPORTED FIXED 
              BROADBAND.

    (a) In General.--
            (1) Requirement.--Subject to subsection (c), and 
        notwithstanding any other provision of law, an agency may not 
        provide assistance under a Federal broadband support program 
        unless the fixed broadband internet access service to be 
        assisted meets or exceeds, or will meet or exceed when 
        deployed, the minimum speeds that were in effect on the date on 
        which the agency made the determination to provide the 
        assistance.
            (2) Minimum speeds.--For purposes of paragraph (1), the 
        term ``minimum speeds'' means the minimum download and upload 
        speeds for fixed broadband internet access service most 
        recently established by the Federal Communications Commission 
        in determining for purposes of section 706 of the 
        Telecommunications Act of 1996 (47 U.S.C. 1302) whether 
        advanced telecommunications capability is being deployed to all 
        Americans in a reasonable and timely fashion.
    (b) Technical and Conforming Amendment.--Section 601(e) of the 
Rural Electrification Act of 1936 (7 U.S.C. 950bb(e)) is amended--
            (1) in paragraph (1), by striking ``at least--'' and all 
        that follows through the period at the end of subparagraph (B) 
        and inserting ``not less than the minimum speeds established 
        under section 3 of the Broadband Parity Act of 2019.''; and
            (2) in paragraph (2), by inserting ``, subject to the 
        condition that the minimum acceptable level of broadband 
        service, as adjusted under this paragraph, may not be less than 
        the minimum speeds described in paragraph (1)'' before the 
        period at the end.
    (c) Prospective Applicability.--This section and the amendments 
made by this section--
            (1) shall apply to any determination of an agency to 
        provide assistance under a Federal broadband support program 
        that is made on or after the date of enactment of this Act; and
            (2) shall not affect any award of assistance made under a 
        Federal broadband support program before the date of enactment 
        of this Act.
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