[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4820 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4820

    To auction spectrum and to authorize the Federal Communications 
   Commission to borrow funds from the Treasury, to be repaid out of 
  auction proceeds, to ensure rural communications providers have the 
 resources to replace communications equipment and services to protect 
         their networks from Chinese Communist Party espionage.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 12, 2022

Mr. Lee (for himself and Mrs. Blackburn) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To auction spectrum and to authorize the Federal Communications 
   Commission to borrow funds from the Treasury, to be repaid out of 
  auction proceeds, to ensure rural communications providers have the 
 resources to replace communications equipment and services to protect 
         their networks from Chinese Communist Party espionage.

    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 ``Protecting Communications Networks 
from Chinese Communist Party Espionage Act''.

SEC. 2. SPECTRUM AUCTION.

    (a) Identification.--Not later than 21 months after the date of 
enactment of this Act, the Secretary of Commerce, in consultation with 
the Secretary of Defense, the Director of the Office of Science and 
Technology Policy, and the Federal Communications Commission (referred 
to in this section as the ``Commission'') shall submit to the 
President, the Commission, and the relevant congressional committees 
(as defined in section 90008(a) of the Infrastructure Investment and 
Jobs Act (47 U.S.C. 921 note; Public Law 117-58)) a report that 
identifies 350 megahertz of electromagnetic spectrum between the 
frequencies of 3100 megahertz and 3450 megahertz, inclusive, to be 
reallocated by the Commission through a system of competitive bidding 
under subsection (b) for non-Federal use or shared Federal and non-
Federal use, or a combination thereof.
    (b) Reallocation of Spectrum Through Auction.--
            (1) In general.--Not later than 7 years after the date of 
        enactment of this Act, the Commission shall--
                    (A) notwithstanding paragraph (11) or (15)(A) of 
                section 309(j) of the Communications Act of 1934 (47 
                U.S.C. 309(j)), in coordination with the Assistant 
                Secretary of Commerce for Communications and 
                Information, conduct a system of competitive bidding 
                under that section to award licenses for non-Federal 
                use or shared Federal and non-Federal use, or a 
                combination thereof, of the band or bands of 
                electromagnetic spectrum identified under subsection 
                (a); and
                    (B) promulgate rules for the use of spectrum 
                reallocated under subparagraph (A).
            (2) Auction proceeds to cover 110 percent of federal 
        relocation or sharing costs.--Nothing in this subsection shall 
        be construed to relieve the Commission from the requirements 
        under section 309(j)(16)(B) of the Communications Act of 1934 
        (47 U.S.C. 309(j)(16)(B)).
            (3) Extension of auction authority.--Section 309(j)(11) of 
        the Communications Act of 1934 (47 U.S.C. 309(j)(11)) is 
        amended by striking ``section 90008(b)(2)(A)(ii) of the 
        Infrastructure Investment and Jobs Act'' and inserting 
        ``section 2(a) of the Protecting Communications Networks from 
        Chinese Communist Party Espionage Act''.
    (c) Use of Auction Proceeds.--Notwithstanding subparagraphs (A), 
(C)(i), and (D) of section 309(j)(8) of the Communications Act of 1934 
(47 U.S.C. 309(j)(8)), and except as provided in subparagraph (B) of 
that paragraph, the proceeds (including deposits and upfront payments 
from successful bidders) of competitive bidding under subsection (b) of 
this section (in this subsection referred to as ``covered proceeds'') 
shall be deposited or available as follows:
            (1) Such amount of the covered proceeds as is necessary to 
        cover 110 percent of the relocation or sharing costs of Federal 
        entities relocated from or sharing the frequencies identified 
        under subsection (a) shall be deposited in the Spectrum 
        Relocation Fund established under section 118 of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928).
            (2) After the amount required to be deposited by paragraph 
        (1) of this subsection is so deposited, the Commission shall 
        use such amounts as are necessary to reimburse the general fund 
        of the Treasury for any amounts borrowed under section (d) of 
        this section.
            (3) After compliance with paragraphs (1) and (2) of this 
        subsection, the Commission shall deposit all remaining amounts 
        in the general fund of the Treasury for the sole purpose of 
        deficit reduction.
    (d) FCC Borrowing Authority.--The Commission may borrow from the 
Treasury of the United States an amount not to exceed $3,700,000,000 to 
carry out the Secure and Trusted Communications Networks Act of 2019 
(47 U.S.C. 1601 et seq.), notwithstanding the limitation on 
expenditures under section 4(k) of that Act (47 U.S.C. 1603(k)) and 
provided that the Commission shall not use any funds borrowed under 
this subsection in a manner that may result in outlays on or after 
September 30, 2031.
    (e) Relation to Spectrum Auction Under Infrastructure Investment 
and Jobs Act.--Paragraphs (2), (3), and (4) of section 90008(b) of the 
Infrastructure Investment and Jobs Act (47 U.S.C. 921 note; Public Law 
117-58) are repealed.
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