[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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