47 U.S.C. § 1306 — Connecting minority communities

Page 424 TITLE 47—TELECOMMUNICATIONS § 1306 available pursuant to this section, the purpose for which such entity is receiving such funds, each quarterly report submitted by the entity pursuant to this section, and such other infor- mation sufficient to allow the public to under- stand and monitor grants awarded under the program. (j) Publication of contractual conditions Concurrent with the issuance of the Request for Proposal for grant applications pursuant to this section, the Assistant Secretary shall, in coordination with the Commission, publish the non-discrimination and network interconnec- tion obligations that shall be contractual condi- tions of grants awarded under this section, in- cluding, at a minimum, adherence to the prin- ciples contained in the Commission’s broadband policy statement (FCC 05-15, adopted August 5, 2005). (k) National broadband plan (1) Not later than 1 year after February 17, 2009, the Commission shall submit to the Com- mittee on Energy and Commerce of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate, a report containing a national broadband plan. (2) The national broadband plan required by this section shall seek to ensure that all people of the United States have access to broadband capability and shall establish benchmarks for meeting that goal. The plan shall also include— (A) an analysis of the most effective and effi- cient mechanisms for ensuring broadband ac- cess by all people of the United States; (B) a detailed strategy for achieving afford- ability of such service and maximum utiliza- tion of broadband infrastructure and service by the public; (C) an evaluation of the status of deploy- ment of broadband service, including progress of projects supported by the grants made pur- suant to this section; and (D) a plan for use of broadband infrastruc- ture and services in advancing consumer wel- fare, civic participation, public safety and homeland security, community development, health care delivery, energy independence and efficiency, education, worker training, private sector investment, entrepreneurial activity, job creation and economic growth, and other national purposes. (3) In developing the plan, the Commission shall have access to data provided to other Gov- ernment agencies under the Broadband Data Im- provement Act [47 U.S.C. 1301 et seq.]. (l) Map of service availability and capability The Assistant Secretary shall develop and maintain a comprehensive nationwide inventory map of existing broadband service capability and availability in the United States that de- picts the geographic extent to which broadband service capability is deployed and available from a commercial provider or public provider throughout each State. Not later than 2 years after February 17, 2009, the Assistant Secretary shall make the broadband inventory map devel- oped and maintained pursuant to this section accessible by the public on a World Wide Web site of the National Telecommunications and In- formation Administration in a form that is interactive and searchable. (m) Regulations The Assistant Secretary shall have the au- thority to prescribe such rules as are necessary to carry out the purposes of this section. (Pub. L. 111–5, div. B, title VI, § 6001, Feb. 17, 2009, 123 Stat. 512.) Editorial Notes REFERENCES IN TEXT The Broadband Data Improvement Act, referred to in subsec. (k)(3), is title I of Pub. L. 110–385, Oct. 10, 2008, 122 Stat. 4096, which is classified generally to this chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. CODIFICATION Section was enacted as part of the American Recov- ery and Reinvestment Act of 2009, and not as part of the Broadband Data Improvement Act which comprises this chapter. Statutory Notes and Related Subsidiaries GRANTS FOR BROADBAND CONNECTIVITY Pub. L. 116–260, div. N, title IX, § 905, Dec. 27, 2020, 134 Stat. 2136, which provided for grants for certain broadband connectivity programs, was transferred to section 1705 of this title. § 1306. Connecting minority communities (a) Definitions In this section: (1) Anchor community (A) In general The term ‘‘anchor community’’ means any area that— (i) except as provided in subparagraph (B), is not more than 15 miles from a his- torically Black college or university, a Tribal College or University, or a Minor- ity-serving institution; and (ii) has an estimated median annual household income of not more than 250 percent of the poverty line, as that term is defined in section 9902(2) of title 42. (B) Certain Tribal Colleges or Universities With respect to a Tribal College or Univer- sity that is located on land held in trust by the United States, the Assistant Secretary, in consultation with the Secretary of the In- terior, may establish a different maximum distance for the purposes of subparagraph (A)(i) if the Assistant Secretary is able to ensure that, in establishing that different maximum distance, each anchor community that is established as a result of that action is statistically comparable to other anchor communities described in subparagraph (A). (2) Assistant Secretary The term ‘‘Assistant Secretary’’ means the Assistant Secretary of Commerce for Commu- nications and Information. (3) Broadband internet access service The term ‘‘broadband internet access serv- ice’’ has the meaning given the term in sec- Page 425 TITLE 47—TELECOMMUNICATIONS § 1306 tion 8.1(b) of title 47, Code of Federal Regula- tions, or any successor regulation. (4) Commission The term ‘‘Commission’’ means the Federal Communications Commission. (5) Connected device The term ‘‘connected device’’ means a laptop computer, tablet computer, or similar device that is capable of connecting to broadband internet access service. (6) Director The term ‘‘Director’’ means the Director of the Office. (7) Eligible equipment The term ‘‘eligible equipment’’ means— (A) a Wi-Fi hotspot; (B) a modem; (C) a router; (D) a device that combines a modem and router; (E) a connected device; or (F) any other equipment used to provide access to broadband internet access service. (8) Eligible recipient The term ‘‘eligible recipient’’ means— (A) a historically Black college or univer- sity; (B) a Tribal College or University; (C) a Minority-serving institution; or (D) a consortium that is led by a histori- cally Black college or university, a Tribal College or University, or a Minority-serving institution and that also includes— (i) a minority business enterprise; or (ii) an organization described in section 501(c)(3) of title 26 and exempt from tax under section 501(a) of such title. (9) Historically Black college or university The term ‘‘historically Black college or uni- versity’’ has the meaning given the term ‘‘part B institution’’ in section 1061 of title 20. (10) Minority-serving institution The term ‘‘Minority-serving institution’’ means any of the following: (A) An Alaska Native-serving institution, as that term is defined in section 1059d(b) of title 20. (B) A Native Hawaiian-serving institution, as that term is defined in section 1059d(b) of title 20. (C) A Hispanic-serving institution, as that term is defined in section 1101a(a) of title 20. (D) A Predominantly Black institution, as that term is defined in section 1067q(c) of title 20. (E) An Asian American and Native Amer- ican Pacific Islander-serving institution, as that term is defined in section 1059g(b) of title 20. (F) A Native American-serving, nontribal institution, as that term is defined in sec- tion 1059f(b) of title 20. (11) Minority business enterprise The term ‘‘minority business enterprise’’ has the meaning given the term in section 1400.2 of title 15, Code of Federal Regulations, or any successor regulation. (12) Office The term ‘‘Office’’ means the Office of Mi- nority Broadband Initiatives established pur- suant to subsection (b)(1). (13) Pilot Program The term ‘‘Pilot Program’’ means the Con- necting Minority Communities Pilot Program established under the rules promulgated by the Assistant Secretary under subsection (c)(1). (14) Tribal College or University The term ‘‘Tribal College or University’’ has the meaning given the term in section 1059c(b) of title 20. (15) Wi-Fi The term ‘‘Wi-Fi’’ means a wireless net- working protocol based on Institute of Elec- trical and Electronics Engineers standard 802.11, or any successor standard. (16) Wi-Fi hotspot The term ‘‘Wi-Fi hotspot’’ means a device that is capable of— (A) receiving broadband internet access service; and (B) sharing broadband internet access service with another device through the use of Wi-Fi. (b) Office of Minority Broadband Initiatives (1) Establishment Not later than 180 days after December 27, 2020, the Assistant Secretary shall establish within the National Telecommunications and Information Administration the Office of Mi- nority Broadband Initiatives. (2) Director The Office shall be headed by the Director of the Office of Minority Broadband Initiatives, who shall be appointed by the Assistant Sec- retary. (3) Duties The Office, acting through the Director, shall— (A) collaborate with Federal agencies that carry out broadband internet access service support programs to determine how to ex- pand access to broadband internet access service and other digital opportunities in an- chor communities; (B) collaborate with State, local, and Trib- al governments, historically Black colleges or universities, Tribal Colleges or Univer- sities, Minority-serving institutions, and stakeholders in the communications, edu- cation, business, and technology fields to— (i) promote— (I) initiatives relating to broadband internet access service connectivity for anchor communities; and (II) digital opportunities for anchor communities; (ii) develop recommendations to promote the rapid, expanded deployment of broadband internet access service to unserved historically Black colleges or universities, Tribal Colleges or Univer- Page 426 TITLE 47—TELECOMMUNICATIONS § 1306 sities, Minority-serving institutions, and anchor communities, including to— (I) students, faculty, and staff of his- torically Black colleges or universities, Tribal Colleges or Universities, and Mi- nority-serving institutions; and (II) senior citizens and veterans who live in anchor communities; (iii) promote activities that would accel- erate the adoption of broadband internet access service (including any associated equipment or personnel necessary to ac- cess and use that service, such as modems, routers, devices that combine a modem and a router, Wi-Fi hotspots, and con- nected devices)— (I) by students, faculty, and staff of historically Black colleges or univer- sities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) within anchor communities; (iv) upon request, provide assistance to historically Black colleges or universities, Tribal Colleges or Universities, Minority- serving institutions, and leaders from an- chor communities with respect to navi- gating Federal programs dealing with broadband internet access service; (v) promote digital literacy skills, in- cluding by providing opportunities for vir- tual or in-person digital literacy training and education; (vi) promote professional development opportunity partnerships between industry and historically Black colleges or univer- sities, Tribal Colleges or Universities, and Minority-serving institutions to help en- sure that information technology per- sonnel and students of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institu- tions have the skills needed to work with new and emerging technologies with re- spect to broadband internet access service; and (vii) explore how to leverage investment in infrastructure with respect to broadband internet access service to— (I) expand connectivity with respect to that service in anchor communities and by students, faculty, and staff of histori- cally Black colleges or universities, Tribal Colleges or Universities, and Mi- nority-serving institutions; (II) encourage investment in commu- nities that have been designated as qualified opportunity zones under sec- tion 1400Z–1 of title 26; and (III) serve as a catalyst for adoption of that service, so as to promote job growth and economic development and deploy- ment of advanced technologies; and (C) assume any functions carried out under the Minority Broadband Initiative of the Na- tional Telecommunications and Information Administration, as of the day before Decem- ber 27, 2020. (4) Reports (A) In general Not later than 1 year after the date on which the Assistant Secretary establishes the Office under paragraph (1), and annually thereafter, the Assistant Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Com- merce of the House of Representatives a re- port that— (i) for the year covered by the report, de- tails the work of the Office in expanding access to fixed and mobile broadband internet access service— (I) at historically Black colleges or universities, Tribal Colleges or Univer- sities, and Minority-serving institutions, including by expanding that access to students, faculty, and staff of histori- cally Black colleges or universities, Tribal Colleges or Universities, and Mi- nority-serving institutions; and (II) within anchor communities; and (ii) identifies barriers to providing access to broadband internet access service— (I) at historically Black colleges or universities, Tribal Colleges or Univer- sities, and Minority-serving institutions, including to students, faculty, and staff of historically Black colleges or univer- sities, Tribal Colleges or Universities, and Minority-serving institutions; and (II) within anchor communities. (B) Public availability Not later than 30 days after the date on which the Assistant Secretary submits a re- port under subparagraph (A), the Assistant Secretary shall, to the extent feasible, make that report publicly available. (c) Connecting Minority Communities Pilot Pro- gram (1) Rules required (A) In general Not later than 45 days after December 27, 2020, the Assistant Secretary shall promul- gate rules establishing the Connecting Mi- nority Communities Pilot Program, the pur- pose of which shall be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet ac- cess service or any eligible equipment, or to hire and train information technology per- sonnel— (i) in the case of an eligible recipient de- scribed in subparagraph (A), (B), or (C) of subsection (a)(8), to facilitate educational instruction and learning, including through remote instruction; (ii) in the case of an eligible recipient de- scribed in subsection (a)(8)(D)(i), to oper- ate the minority business enterprise; or (iii) in the case of an eligible recipient described in subsection (a)(8)(D)(ii), to op- erate the organization. (B) Content The rules promulgated under subparagraph (A) shall— (i) establish a method for identifying which eligible recipients in anchor com- munities have the greatest unmet finan- cial needs; Page 427 TITLE 47—TELECOMMUNICATIONS § 1306 (ii) ensure that grants under the Pilot Program are made— (I) to eligible recipients identified under the method established under clause (i); and (II) in a manner that best achieves the purposes of the Pilot Program; (iii) require that an eligible recipient de- scribed in subparagraph (A), (B), or (C) of subsection (a)(8) that receives a grant to provide broadband internet access service or eligible equipment to students prioritizes students who— (I) are eligible to receive a Federal Pell Grant under section 1070a of title 20; (II) are recipients of any other need- based financial aid from the Federal Government, a State, or that eligible re- cipient; (III) are qualifying low-income con- sumers for the purposes of the program carried out under subpart E of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (IV) are low-income individuals, as that term is defined in section 1058(g) of title 20; or (V) have been approved to receive un- employment insurance benefits under any Federal or State law since March 1, 2020; (iv) provide that a recipient of a grant under the Pilot Program— (I) shall use eligible equipment for a purpose that the recipient considers to be appropriate, subject to any restriction provided in those rules (or any successor rules); (II) if the recipient lends, or otherwise provides, eligible equipment to students or patrons, shall prioritize lending or providing to such individuals that the re- cipient believes do not have access to that equipment, subject to any restric- tion provided in those rules (or any suc- cessor rules); and (III) may not sell or otherwise transfer eligible equipment in exchange for any thing (including a service) of value; (v) include audit requirements that— (I) ensure that a recipient of a grant made under the Pilot Program uses grant funds in compliance with the re- quirements of this section and the over- all purpose of the Pilot Program; and (II) prevent waste, fraud, and abuse in the operation of the Pilot Program; (vi) provide that not less than 40 percent of the amount of the grants made under the Pilot Program are made to Histori- cally Black colleges or universities; and (vii) provide that not less than 20 percent of the amount of the grants made under the Pilot Program are made to eligible re- cipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide broadband internet access service or eligi- ble equipment to students of those eligible recipients. (2) Fund (A) Establishment There is established in the Treasury of the United States a fund to be known as the Connecting Minority Communities Fund. (B) Use of Fund Amounts in the Connecting Minority Com- munities Fund established under subpara- graph (A) shall be available to the Assistant Secretary to provide support under the rules promulgated under paragraph (1). (3) Interagency coordination When making grants under the Pilot Pro- gram, the Assistant Secretary shall coordi- nate with other Federal agencies, including the Commission, the National Science Foun- dation, and the Department of Education, to ensure the efficient expenditure of Federal funds, including by preventing multiple ex- penditures of Federal funds for the same pur- pose. (4) Audits (A) In general For each of fiscal years 2021 and 2022, the Inspector General of the Department of Commerce shall conduct an audit of the Pilot Program according to the require- ments established under paragraph (1)(B)(v). (B) Report After completing each audit conducted under subparagraph (A), the Inspector Gen- eral of the Department of Commerce shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Com- merce of the House of Representatives a re- port that details the findings of the audit. (5) Direct appropriation There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2021, to re- main available until expended, $285,000,000 to the Connecting Minority Communities Fund established under paragraph (2). (6) Termination Except with respect to the report required under paragraph (7) and the authority of the Secretary of Commerce and the Inspector Gen- eral of the Department of Commerce described in paragraph (8), the Pilot Program, including all reporting requirements under this section, shall terminate on the date on which the amounts made available to carry out the Pilot Program are fully expended. (7) Report Not later than 90 days after the date on which the Pilot Program terminates under paragraph (6), the Assistant Secretary, after consulting with eligible recipients that re- ceived grants under the Pilot Program, 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 that— (A) describes the manner in which the Pilot Program was carried out; Page 428 TITLE 47—TELECOMMUNICATIONS § 1307 (B) identifies each eligible recipient that received a grant under the Pilot Program; and (C) contains information regarding the ef- fectiveness of the Pilot Program, including lessons learned in carrying out the Pilot Program and recommendations for future action. (8) Savings provision The termination of the Pilot Program under paragraph (6) shall not limit, alter, or affect the ability of the Secretary of Commerce or the Inspector General of the Department of Commerce to— (A) investigate waste, fraud, and abuse with respect to the Pilot Program; or (B) recover funds that are misused under the Pilot Program. (Pub. L. 116–260, div. N, title IX, § 902, Dec. 27, 2020, 134 Stat. 2121.) Editorial Notes CODIFICATION Section was enacted as part of the Consolidated Ap- propriations Act, 2021, and not as part of the Broadband Data Improvement Act which comprises this chapter. § 1307. Office of Internet Connectivity and Growth (a) Short title This section may be cited as the ‘‘Advancing Critical Connectivity Expands Service, Small Business Resources, Opportunities, Access, and Data Based on Assessed Need and Demand Act’’ or the ‘‘ACCESS BROADBAND Act’’. (b) Establishment Not later than 180 days after December 27, 2020, the Assistant Secretary shall establish the Office of Internet Connectivity and Growth within the National Telecommunications and Information Administration. (c) Duties (1) Outreach The Office shall— (A) connect with communities that need access to high-speed internet and improved digital inclusion efforts through various forms of outreach and communication tech- niques; (B) hold regional workshops across the country to share best practices and effective strategies for promoting broadband access and adoption; (C) develop targeted broadband training and presentations for various demographic communities through various media; (D) develop and distribute publications (in- cluding toolkits, primers, manuals, and white papers) providing guidance, strategies, and insights to communities as the commu- nities develop strategies to expand broadband access and adoption; and (E) as applicable in carrying out subpara- graphs (A) through (D), coordinate with State agencies that provide similar broadband investments, outreach, and co- ordination through Federal programs. (2) Tracking of Federal dollars (A) Broadband infrastructure The Office shall track the construction and use of and access to any broadband in- frastructure built using any Federal support in a central database. (B) Accounting mechanism The Office shall develop a streamlined ac- counting mechanism by which any agency offering a Federal broadband support pro- gram and the Commission for any Universal Service Fund Program shall provide the in- formation described in subparagraph (A) in a standardized and efficient fashion. (C) Report Not later than 1 year after December 27, 2020, and every year thereafter, the Office shall make public on the website of the Of- fice and submit to the Committee on Energy and Commerce of the House of Representa- tives and the Committee on Commerce, Science, and Transportation of the Senate a report on the following: (i) A description of the work of the Office for the previous year and the number of residents of the United States that re- ceived broadband as result of Federal broadband support programs and the Uni- versal Service Fund Programs. (ii) A description of how many residents of the United States were provided broadband by which universal service mechanism or which Federal broadband support program. (iii) An estimate of the economic impact of such broadband deployment efforts on local economies, including any effect on small businesses or jobs. (d) Relation to current broadband activities of NTIA The Assistant Secretary shall assign to the Of- fice all activities performed by the National Telecommunications and Information Adminis- tration as of December 27, 2020, that are similar to the activities required to be conducted by the Office under this section. (e) Streamlined applications for support (1) Agency consultation The Office shall consult with any agency of- fering a Federal broadband support program to streamline and standardize the applications process for financial assistance or grants for such program. (2) Agency streamlining Any agency offering a Federal broadband support program shall amend the applications of the agency for broadband support, to the ex- tent practicable and as necessary, to stream- line and standardize applications for Federal broadband support programs across the Gov- ernment. (3) Single application To the greatest extent practicable, the Of- fice shall seek to create one application that may be submitted to apply for all, or substan- tially all, Federal broadband support pro- grams.