Title: Broadband Parity Act of 2021
Policy area: Science, Technology, Communications

Summary:
Broadband Parity Act of 2021
This bill requires the Federal Communications Commission to establish a minimum level of service (e.g., upload and download speeds) that any fixed broadband internet service provider must offer to be eligible for assistance under a federal broadband support program. This minimum must ensure that a provider can support virtual learning, telehealth services, and telework.
Further, the bill prohibits an agency from assisting a provider through a federal broadband support program unless the service that will be assisted meets or exceeds (or will meet or exceed when deployed) this minimum level of service.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1884 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 1884

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 27, 2021

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 level of service.

    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 2021''.

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 Universal Service Fund high-cost program 
                authorized to help deploy fixed broadband internet 
                access service.
                    (H) The following programs of the Department of the 
                Treasury:
                            (i) The Coronavirus State Fiscal Recovery 
                        Fund under section 602 of the Social Security 
                        Act, as added by section 9901(a) of the 
                        American Rescue Plan Act of 2021 (Public Law 
                        117-2).
                            (ii) The Coronavirus Local Fiscal Recovery 
                        Fund under section 603 of the Social Security 
                        Act, as added by section 9901(a) of the 
                        American Rescue Plan Act of 2021 (Public Law 
                        117-2).
                            (iii) The Coronavirus Capital Projects Fund 
                        under section 604 of the Social Security Act, 
                        as added by section 9901(a) of the American 
                        Rescue Plan Act of 2021 (Public Law 117-2).
            (3) Universal service fund high-cost program.--The term 
        ``Universal Service Fund high-cost program'' has the meaning 
        given the term in section 903 of division FF of the 
        Consolidated Appropriations Act, 2021 (47 U.S.C. 1307).

SEC. 3. UNIVERSAL MINIMUM LEVEL OF SERVICE FOR FEDERALLY SUPPORTED 
              FIXED BROADBAND.

    (a) Rulemaking.--Not later than 180 days after the date of 
enactment of this Act, the Federal Communications Commission, in 
consultation with the Secretary of Agriculture, the Secretary of 
Commerce, the Secretary of Housing and Urban Development, and the head 
of each other agency that provides assistance under a Federal broadband 
support program, shall conduct a rulemaking to establish a minimum 
level of service for fixed broadband internet access service assisted 
by a Federal broadband support program to ensure that such service can 
support--
            (1) virtual learning;
            (2) telehealth services; and
            (3) telework.
    (b) Minimum Level of Service.--The minimum level of service 
established under subsection (a) shall, in a technology-neutral manner, 
include--
            (1) a minimum download speed;
            (2) a minimum upload speed; and
            (3) a maximum latency.
    (c) Requirement.--
            (1) In general.--Except as provided in paragraph (2), 
        subject to subsection (e), 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 level of service 
        established under subsection (a) that was in effect on the date 
        on which the agency made the determination to provide the 
        assistance.
            (2) Infeasibility.--Paragraph (1) shall not apply if the 
        agency providing assistance determines that the provision of 
        fixed broadband internet access service that meets or exceeds 
        the minimum level of service described in that paragraph is 
        infeasible.
    (d) 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 level of service 
        established under section 3(a) of the Broadband Parity Act of 
        2021.''; 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 level of service described in paragraph (1)'' 
        before the period at the end.
    (e) 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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