Overview

Title

To reauthorize the spectrum auction authority of the Federal Communications Commission, and for other purposes.

ELI5 AI

The bill S. 4207 is like a plan to help the U.S. better use invisible signals, like those that make phones and TVs work, by giving money to improve technology and train people, but people are worried about how some of that money will be spent and if it will be fair.

Summary AI

S. 4207 aims to extend and improve the spectrum auction authority of the Federal Communications Commission (FCC), which helps manage how airwaves are used for communication in the United States. The bill outlines several goals, including developing new technologies to enhance spectrum efficiency, increasing participation in the telecommunications workforce, and establishing a funding program for further deployment of advanced communications networks like Next Generation 9–1–1. Additionally, it proposes administrative changes to the Office of Commerce for Communications and Information, aiming to better coordinate efforts to meet growing demands for spectrum usage and to support national security.

Published

2024-04-30
Congress: 118
Session: 2
Chamber: SENATE
Status: Introduced in Senate
Date: 2024-04-30
Package ID: BILLS-118s4207is

Bill Statistics

Size

Sections:
23
Words:
20,541
Pages:
108
Sentences:
311

Language

Nouns: 5,996
Verbs: 1,584
Adjectives: 1,047
Adverbs: 141
Numbers: 917
Entities: 982

Complexity

Average Token Length:
4.46
Average Sentence Length:
66.05
Token Entropy:
5.66
Readability (ARI):
35.97

AnalysisAI

The Spectrum and National Security Act of 2024 is designed to manage the electromagnetic spectrum, a crucial resource fueling technological innovation in the United States. This resource plays a key role in national security and various federal operations, such as communications and defense. The bill seeks to extend the Federal Communications Commission's (FCC) spectrum auction authority, fund the development of spectrum-maximizing technologies, enhance workforce development, and promote equitable participation in the telecommunications industry.

General Summary of the Bill

The bill is divided into several titles, each focusing on different aspects of spectrum management:

  • Title I and II emphasize the development of efficient spectrum technologies and promote spectrum leadership by empowering federal agencies in managing their spectrum usage.
  • Title III outlines the creation of a spectrum pipeline, which involves assessing frequency bands for reallocation.
  • Title IV extends the FCC's authority to conduct spectrum auctions until 2029.
  • Title V focuses on workforce development, particularly improving minority participation in telecommunications.
  • Title VI establishes a Spectrum Auction Trust Fund to manage auction proceeds, while Titles VII and VIII deal with secure communication networks and advanced 9-1-1 deployment, respectively.

Summary of Significant Issues

There are several concerns related to the bill:

  1. Vagueness and Ambiguity: Terms like "spectrum pipeline" lack clear definitions, potentially leading to subjective application and decision-making. Sections related to technical implementations, such as "dynamic coordination area analysis," need more clarity to avoid misinterpretations.

  2. Financial Management: The bill sets substantial funds for various initiatives, like the Spectrum Auction Trust Fund (Section 602) and increased expenditure limits for the Secure and Trusted Communications Networks Act (Section 701). However, it lacks detailed criteria for fund allocation, oversight, and a justification of the budget increases.

  3. Implementation Deadlines: The bill sets aggressive deadlines for significant technical deployments, which may compromise the thoroughness and efficiency of the implementations.

  4. Diversity and Inclusivity: While the bill focuses on improving minority participation through grants, the selection and allocation process needs more transparency to prevent favoritism or exclusion of other deserving entities.

Impact on the Public

Overall, this bill aims to improve the nation's telecommunications infrastructure, potentially benefiting consumers by enhancing the quality and availability of services. It could lead to faster internet speeds and more reliable communication networks, both vital for everyday activities and emergency services.

Impact on Stakeholders

  • Federal and State Agencies: The bill may empower agencies by providing more control and coordination over their spectrum use. However, it could also introduce bureaucratic complexities due to overlapping responsibilities and ambitious timelines.

  • Telecommunications Industry: Companies in the telecommunications and technology sectors stand to benefit from increased spectrum availability, driving innovation and competitiveness. The spectrum auctions and development funds could foster new opportunities but might also require significant investment to adapt to new regulations.

  • Educational Institutions and Minority Groups: The workforce development section may provide substantial support for minority-serving institutions, potentially increasing educational and career opportunities in technology fields for underrepresented groups. However, the selection process for grant allocation requires careful management to ensure fairness and equity.

In sum, the Spectrum and National Security Act of 2024 addresses critical areas in spectrum management with the potential for significant technological advancements and improved national security. However, it raises essential questions about transparency, equitable resource distribution, and the feasibility of its ambitious timelines, which require careful consideration and balancing by policymakers.

Financial Assessment

The bill titled "Spectrum and National Security Act of 2024," identified as S. 4207, presents several provisions concerning the financial management of spectrum-related initiatives under the auspices of the Federal Communications Commission (FCC) and related agencies. Below, the financial references and their implications are examined.

Financial Allocations and Spending

The bill authorizes significant financial allocations across various sections, signaling a strong governmental push to enhance the management and utilization of the electromagnetic spectrum, which is essential for communication technologies. Key financial elements include:

  • $120,000,000 is allocated to the National Telecommunications and Information Administration for developing an "incumbent informing capability," transacted from the Spectrum Relocation Fund. This substantial investment underscores the importance placed on advanced spectrum management but also raises concerns regarding efficient implementation and oversight, as pointed out by issue discussions about potential for wasteful spending.

  • The Spectrum Auction Trust Fund is established to manage proceeds from spectrum auctions, with an aggregate total of $20,605,000,000 earmarked for distribution across multiple funds and initiatives. Notable allocations within this trust fund include:

  • $2,000,000,000 and $300,000,000 for deficit reduction post-auction, highlighting fiscal prudence.
  • Funds totaling $3,080,000,000 and $5,000,000,000 are designated to repay borrowed amounts for specific programs, reflecting structured recovery of debts incurred for telecommunication advancements.
  • A range of allocations toward grants, technological development, and research, including:
    • $3,300,000,000 for the National Science Foundation
    • $1,700,000,000 for the Under Secretary of Commerce for Standards and Technology
    • $500,000,000 for the Telecommunications Workforce Training Grant Program

The deployment of this fund without clear guidelines for distribution, oversight, and accountability is a potential risk for misuse, reaffirming concerns about financial transparency and management efficacy.

Increased Expenditure Limits

The cap on expenditures set by the Secure and Trusted Communications Networks Act of 2019 has been increased from $1,900,000,000 to $4,980,000,000. This adjustment, significant in its magnitude, suggests enhanced efforts for communication network security but simultaneously triggers discussions over fiscal oversight and the substantiation of such expense increases, as highlighted in issues related to fiscal responsibility.

Financial Implications of Allocations

Sections intending to promote minority participation in telecommunications, like Section 503, have focused on grant allocations, thereby promoting diversity albeit raising questions around the fairness in distribution. Concerns about equitable processes need addressing to ensure inclusive benefit across all eligible institutions.

The deadlines set for these financial allocations and program implementations are notably aggressive, as observed with the requirements for spectrum sharing capabilities. These urgent timelines may lead to rushed deployments, not fully meeting quality or compliance standards. This is critical to ensure the efficient use of allocated funds without sacrificing the rigor or robustness of the implemented technologies and systems.

Overall, while the financial references within the bill demonstrate a strategic initiative to enhance spectrum management, promote diversity in telecommunications, and secure communications networks, they simultaneously invite scrutiny regarding transparency, efficient use, and impacts of these financial decisions as raised in identified issues. Careful consideration and rigorous oversight will be vital to mitigate potential financial and operational risks.

Issues

  • The inclusion of a term 'Spectrum pipeline,' particularly in Section 301, raises concerns about its vagueness and the potential for ambiguous application, as the definition of 'affected Federal entity' allows for significant discretion by the Under Secretary, leading to potentially subjective decision-making.

  • The mandate in Section 702 to increase expenditure from $1,900,000,000 to $4,980,000,000 significantly without providing transparent justification or a breakdown of intended use raises concerns over fiscal responsibility and potential inefficiencies.

  • Section 602's establishment of the Spectrum Auction Trust Fund with allocations amounting to billions of dollars, yet without clear criteria for distribution, oversight, and accountability, could lead to potential misuse of funds and lack of financial transparency.

  • Sections 101 and 102 dealing with the national spectrum testbed and incumbent informing capability involve substantial budgets and technical complexities, leading to concerns about effective implementation, oversight, and potential for wasteful spending if not managed efficiently.

  • Section 503's focus on improving minority participation in telecommunications through allocated grants raises potential questions of favoritism or exclusion of other institutions, despite its intention to promote diversity, highlighting a need for equitable allocation processes.

  • The lack of clear, concise definitions and guidelines in sections such as 102 (regarding 'dynamic coordination area analysis') and 161 (defining specific roles of advisory board members) potentially leads to ambiguities in implementation and operational roles.

  • The aggressive deadlines set for various implementations in Sections 102 and 120 may result in expedited processes that compromise thoroughness and effectiveness, highlighting the risk of rushed implementations not meeting quality or compliance standards.

Sections

Sections are presented as they are annotated in the original legislative text. Any missing headers, numbers, or non-consecutive order is due to the original text.

1. Short title; table of contents Read Opens in new tab

Summary AI

The Spectrum and National Security Act of 2024 is organized into eight titles, each addressing different areas related to managing and developing the United States' spectrum capabilities. It includes provisions for research and development, agency empowerment, spectrum pipeline creation, FCC auction authority, workforce development, trust fund establishment, communications network reimbursement, and next-gen 9-1-1 deployment.

2. Sense of Congress Read Opens in new tab

Summary AI

The section expresses Congress's view that the electromagnetic spectrum is a crucial resource for U.S. technological leadership and national security. It emphasizes the need for advanced spectrum technologies, a clear process for spectrum management, and a unified national policy to effectively compete internationally.

3. Definitions Read Opens in new tab

Summary AI

The section defines several terms used in the Act, including the Commission, which refers to the Federal Communications Commission; dynamic spectrum sharing, which is a method allowing various users to share the same frequencies without interfering with each other; the Spectrum Advisory Council, as described in another section of the National Telecommunications and Information Administration Organization Act; and the Under Secretary, the Under Secretary of Commerce for Communications and Information.

101. National Spectrum Research and Development Plan Read Opens in new tab

Summary AI

The section outlines a plan for developing and managing the use of radio waves (spectrum) in the U.S., involving both government and private entities. It includes creating a national test area for testing new technology, developing a spectrum research plan, and establishing a collaborative framework for effective management and sharing of spectrum resources, with a focus on technological innovation and cooperation across different sectors.

102. Common sharing platform; incumbent informing capability Read Opens in new tab

Summary AI

The bill instructs the Under Secretary to create an "incumbent informing capability," which is a system that helps manage and share electromagnetic spectrum between federal and non-federal users to avoid interference. It sets requirements for this system, like allowing non-federal use, safeguarding classified information, and encouraging feedback from stakeholders, while also providing funding for its implementation.

Money References

  • (b) Funding.—On the date of enactment of this Act, the Director of the Office of Management and Budget shall transfer $120,000,000 from the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) to the National Telecommunications and Information Administration for the purpose of establishing the incumbent informing capability under section 120 of that Act, as added by subsection (a). ---

120. Incumbent informing capability Read Opens in new tab

Summary AI

The document outlines a plan requiring the Under Secretary to update guidelines for managing radio frequencies to include a system that helps federal and non-federal entities share communication frequencies safely and efficiently. This update includes securing information, preventing interference, and consulting with other agencies, and requires a yearly briefing on its progress to certain Senate and House committees.

201. Empowering Federal agencies in the management of their spectrum Read Opens in new tab

Summary AI

The bill aims to improve the management of radio spectrum in the U.S. by defining roles and responsibilities for federal agencies, including the NTIA and FCC, to better coordinate their efforts. It establishes procedures for resolving disputes, sets requirements for an advisory council, and mandates regular reporting and updates to ensure efficient use of spectrum resources.

106. Improving spectrum management Read Opens in new tab

Summary AI

The section outlines measures to improve spectrum management in the United States, including definitions related to spectrum management, procedures for federal coordination, responsibilities for the National Telecommunications and Information Administration (NTIA), and the formation of a Spectrum Advisory Council. It requires coordination between federal agencies and NTIA, mandates regular updates to agreements, annual reporting to Congress, and an upcoming report on spectrum management principles by May 2025.

202. Under Secretary of Commerce for Communications and Information Read Opens in new tab

Summary AI

The section outlines changes to the title and responsibilities of the Under Secretary of Commerce for Communications and Information, updates related laws and acts to align with this change, and ensures continuity in office for the existing officials. It also clarifies that current agreements, actions, and proceedings remain valid and unaffected by the new title designation.

301. Creation of a spectrum pipeline Read Opens in new tab

Summary AI

The section outlines the procedure for assessing the feasibility of reallocating certain frequency bands for non-Federal, shared Federal, and non-Federal use. It includes definitions of key terms, details the responsibilities of the Secretary of Commerce and involved Federal entities, and requires a report to Congress on the findings. The section also specifies funding provisions, deadlines, and requirements for public and classified reports, ensuring that future assessments adhere to similar guidelines.

302. Spectrum auctions Read Opens in new tab

Summary AI

The Commission is required to finish a system of competitive bidding by December 30, 2027, under the Communications Act of 1934, to grant new licenses for the frequency band between 12,700 and 13,250 megahertz.

401. Extension of FCC auction authority Read Opens in new tab

Summary AI

The section extends the Federal Communications Commission's (FCC) authority to hold auctions from March 9, 2023, to September 30, 2029.

501. Short title Read Opens in new tab

Summary AI

The section provides the short title for the subtitle, which can be referred to as the "Improving Minority Participation And Careers in Telecommunications Act" or simply the "IMPACT Act".

502. Definitions Read Opens in new tab

Summary AI

The section provides definitions for key terms related to a grant program focused on telecommunications workforce training. It explains what a "covered grant" is, describes eligible entities like minority-serving institutions, defines industry partners involved in training programs, and clarifies terms such as "registered apprenticeship program" and "industry field activity."

503. Program Read Opens in new tab

Summary AI

The Telecommunications Workforce Training Grant Program is created to fund training programs for jobs in telecommunications. Eligible institutions must partner with industry leaders and focus on diverse recruitment and curriculum goals. Funds can be used for faculty, resources, scholarships, and internships, with a focus on minority-serving institutions. The program includes oversight measures to prevent misuse of funds and requires regular reports to Congress on progress and outcomes.

511. National spectrum workforce plan Read Opens in new tab

Summary AI

The National Spectrum Workforce Plan requires the Under Secretary, alongside other governmental bodies and stakeholders, to create a plan within a year to address the United States' spectrum workforce needs, boost spectrum-related jobs, and explore training programs for future workforce development. The plan must be updated every few years, and reports on it are to be submitted to Congress.

601. Definition Read Opens in new tab

Summary AI

In this section, a "covered auction" is defined as a competitive bidding system under the Communications Act of 1934 that takes place between March 9, 2023, and September 30, 2029, involves specific frequency bands, or includes the Commission sharing proceeds with a licensee.

602. Spectrum Auction Trust Fund Read Opens in new tab

Summary AI

The section establishes the "Spectrum Auction Trust Fund" in the U.S. Treasury to manage proceeds from spectrum auctions. It outlines how these proceeds are allocated, including covering federal relocation costs, deficit reduction, and various scientific and technological programs, while also providing borrowing authority to the FCC and the Department of Commerce.

Money References

  • — (1) IN GENERAL.—Notwithstanding any other provision of law, except section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including deposits and upfront payments from successful bidders) from any covered auction shall be deposited or available as follows: (A) With respect to a covered auction described in paragraph (3) or (4) of section 601, the proceeds of the covered auction shall be deposited or available as follows: (i) With respect to a covered auction described in section 601(3)— (I) such amount of those proceeds as is necessary to cover 110 percent of the relocation or sharing costs (as defined in subsection (g)(3) of section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923)) of Federal entities (as defined in subsection (l) of such section 113) relocated from or sharing such eligible frequencies shall be deposited in the Spectrum Relocation Fund established under section 118 of such Act (47 U.S.C. 928); and (II) any remaining proceeds after making the deposit described in subclause (I) shall be deposited in accordance with subsection (c). (ii) With respect to a covered auction described in section 601(4)— (I) such amount of those proceeds as the Commission has agreed to share with licensees under section 309(j)(8)(G) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall be shared with those licensees; and (II) any remaining proceeds after sharing proceeds, as described in subclause (I), shall be deposited in accordance with subsection (c). (B) After carrying out subparagraph (A) (if that subparagraph is applicable to the covered auction), $2,000,000,000 of the proceeds of the covered auction shall be deposited in the general fund of the Treasury, where those proceeds shall be dedicated for the sole purpose of deficit reduction.
  • (B) After carrying out subparagraph (A) (if that subparagraph is applicable to that system of competitive bidding), $300,000,000 of the proceeds of that system of competitive bidding shall be deposited in the general fund of the Treasury, where those proceeds shall be dedicated for the sole purpose of deficit reduction.
  • — (1) IN GENERAL.—Notwithstanding any other provision of law (except for subsection (b)), an aggregate total amount of $20,605,000,000 of the proceeds of covered auctions that remain after carrying out that subsection shall be deposited in the Fund as follows: (A) 12 percent of those remaining amounts, but not more than $3,080,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1)(A). (B) 12 percent of those remaining amounts, but not more than $5,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1)(B). (C) 12 percent of those remaining amounts, but not more than $2,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (e)(1)(A). (D) 12 percent of those amounts, but not more than $3,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (e)(1)(B). (E) 12 percent of those remaining amounts, but not more than $2,000,000,000 cumulatively, shall be made available to the Under Secretary, to remain available until expended, to carry out sections 159, 160, and 161 of the National Telecommunications and Information Administration Organization Act, as added by section 801 of this Act, except that not more than 4 percent of the amount made available under this subparagraph may be used for administrative purposes (including carrying out such sections 160 and 161). (F) 12 percent of those remaining amounts, but not more than $3,300,000,000 cumulatively, shall be made available to the Director of the National Science Foundation to carry out research and related activities, of which— (i) $1,650,000,000 shall be for the Directorate for Technology, Innovation, and Partnerships established under section 10381 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19101); and (ii) $1,650,000,000 shall be used to carry out other research and related activities for which amounts are authorized to be appropriated under section 10303 of the Research and Development, Competition, and Innovation Act (Public Law 117–167). (G) 12 percent of those remaining amounts, but not more than $1,700,000,000 cumulatively, shall be made available to the Under Secretary of Commerce for Standards and Technology, of which— (i) $1,475,000,000 shall be used to carry out scientific and technical research and services laboratory activities under subtitle B of title II of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18931 et seq.); and (ii) $225,000,000 shall be used for Safety, Capacity, Maintenance, and Major Repairs for which amounts are authorized to be appropriated under section 10211 of the Research and Development, Competition, and Innovation Act (Public Law 117–167). (H) 12 percent of those remaining amounts, but not more than $500,000,000 cumulatively, shall be made available to the Under Secretary to carry out the Telecommunications Workforce Training Grant Program established under section 503. (I) 4 percent of those remaining amounts, but not more than $25,000,000 cumulatively, shall be made available to the Under Secretary and the Secretary of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of spectrum use of the Department of Defense. (2) DISTRIBUTION.—If the maximum amount permitted under any subparagraph of paragraph (1) is reached, whether through covered auction proceeds or appropriations to the program specified in that subparagraph, any remaining proceeds from the amount of proceeds of covered auctions described in that paragraph shall be deposited pro rata based on the original distribution to all subparagraphs of paragraph (1) for which the maximum amount permitted has not been met. (3) DEFICIT REDUCTION.—After the amounts required to be made available by paragraphs (1) and (2) are so made available, any remaining amounts shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. (d) FCC borrowing authority.— (1) IN GENERAL.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Commission may borrow from the Treasury of the United States an amount not to exceed— (A) $3,080,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.); and (B) $5,000,000,000 to carry out section 904 of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1752).
  • — (1) IN GENERAL.—Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary of Commerce may borrow from the Treasury of the United States an amount not to exceed— (A) $2,000,000,000 to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a); and (B) $3,000,000,000 for the fund established under section 102(a) of the CHIPS Act of 2022 (15 U.S.C. 4651 note), which shall be used to carry out section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652). (2) LIMITATION.—The Secretary of Commerce may not use any funds borrowed under this subsection in a manner that may result in outlays on or after December 31, 2033. (f) Reporting requirement.—Not later than 2 years after the date of enactment of this Act, and annually thereafter until funds are fully expended, the heads of the agencies to which funds are made available under each subparagraph of subsection (c)(1) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the amount transferred or made available under the applicable subparagraph. ---

701. Increase in limitation on expenditure Read Opens in new tab

Summary AI

In Section 701 of the document, the spending limit under the Secure and Trusted Communications Networks Act of 2019 is increased from $1.9 billion to $4.98 billion.

Money References

  • Section 4(k) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603(k)) is amended by striking “$1,900,000,000” and inserting “$4,980,000,000”.

801. Further deployment and coordination of Next Generation 9–1–1 Read Opens in new tab

Summary AI

The bill establishes a program to improve and coordinate the deployment of Next Generation 9–1–1 systems, where the Under Secretary will manage grants, provide technical assistance, and ensure cybersecurity. It also sets up a cybersecurity center and an advisory board to guide implementation and ensure that NG9-1-1 operates effectively across various regions and includes input from law enforcement, fire, EMS, and 9-1-1 experts.

159. Coordination of Next Generation 9–1–1 implementation Read Opens in new tab

Summary AI

The section outlines the responsibilities of the Under Secretary in implementing Next Generation 9-1-1, a modern emergency communication system. It includes coordination with state and tribal entities, issuing grants, developing management plans, ensuring interoperability, requiring cybersecurity measures, and annual reporting to Congress, alongside defining relevant terms.

160. Establishment of nationwide Next Generation 9–1–1 Cybersecurity Center Read Opens in new tab

Summary AI

The section mandates the Under Secretary to establish a Next Generation 9-1-1 Cybersecurity Center, in collaboration with relevant agencies, to work with various levels of government on sharing information and creating guidelines to combat cybersecurity threats related to advanced 9-1-1 systems.

161. Next Generation 9–1–1 Advisory Board Read Opens in new tab

Summary AI

The section establishes the Next Generation 9-1-1 Advisory Board to provide recommendations to the Under Secretary on deploying advanced 9-1-1 services, ensuring technology improvements, and coordinating effectively among government entities. The Board will have 16 appointed members representing different public safety sectors and will operate until the relevant grant funds are no longer available.