47 U.S.C. § 1441 — State and Local Implementation Fund

Page 442 TITLE 47—TELECOMMUNICATIONS § 1441 First Responder Network Authority in effec- tuating its duties and responsibilities under this subchapter. (Pub. L. 112–96, title VI, § 6213, Feb. 22, 2012, 126 Stat. 218.) SUBCHAPTER III—PUBLIC SAFETY COMMITMENTS § 1441. State and Local Implementation Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the State and Local Implementation Fund. (b) Amounts available for State and Local Imple- mentation Grant Program Any amounts borrowed under subsection (c)(1) and any amounts in the State and Local Imple- mentation Fund that are not necessary to reim- burse the general fund of the Treasury for such borrowed amounts shall be available to the As- sistant Secretary to implement section 1442 of this title. (c) Borrowing authority (1) In general Prior to the end of fiscal year 2022, the As- sistant Secretary may borrow from the gen- eral fund of the Treasury such sums as may be necessary, but not to exceed $135,000,000, to im- plement section 1442 of this title. (2) Reimbursement The Assistant Secretary shall reimburse the general fund of the Treasury, without interest, for any amounts borrowed under paragraph (1) as funds are deposited into the State and Local Implementation Fund. (d) Transfer of unused funds If there is a balance remaining in the State and Local Implementation Fund on September 30, 2022, the Secretary of the Treasury shall transfer such balance to the general fund of the Treasury, where such balance shall be dedicated for the sole purpose of deficit reduction. (Pub. L. 112–96, title VI, § 6301, Feb. 22, 2012, 126 Stat. 218.) § 1442. State and local implementation (a) Establishment of State and Local Implemen- tation Grant Program The Assistant Secretary, in consultation with the First Responder Network Authority, shall take such action as is necessary to establish a grant program to make grants to States to as- sist State, regional, tribal, and local jurisdic- tions to identify, plan, and implement the most efficient and effective way for such jurisdictions to utilize and integrate the infrastructure, equipment, and other architecture associated with the nationwide public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, in- cluding with regards to coverage, siting, and other needs. (b) Matching requirements; Federal share (1) In general The Federal share of the cost of any activity carried out using a grant under this section may not exceed 80 percent of the eligible costs of carrying out that activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority. (2) Waiver The Assistant Secretary may waive, in whole or in part, the requirements of para- graph (1) for good cause shown if the Assistant Secretary determines that such a waiver is in the public interest. (c) Programmatic requirements Not later than 6 months after February 22, 2012, the Assistant Secretary, in consultation with the First Responder Network Authority, shall establish requirements relating to the grant program to be carried out under this sec- tion, including the following: (1) Defining eligible costs for purposes of subsection (b)(1). (2) Determining the scope of eligible activi- ties for grant funding under this section. (3) Prioritizing grants for activities that en- sure coverage in rural as well as urban areas. (d) Certification and designation of officer or governmental body In carrying out the grant program established under this section, the Assistant Secretary shall require each State to certify in its application for grant funds that the State has designated a single officer or governmental body to serve as the coordinator of implementation of the grant funds. (e) State network (1) Notice Upon the completion of the request for pro- posal process conducted by the First Re- sponder Network Authority for the construc- tion, operation, maintenance, and improve- ment of the nationwide public safety broadband network, the First Responder Net- work Authority shall provide to the Governor of each State, or his designee— (A) notice of the completion of the request for proposal process; (B) details of the proposed plan for build- out of the nationwide, interoperable broadband network in such State; and (C) the funding level for the State as deter- mined by the NTIA. (2) State decision Not later than 90 days after the date on which the Governor of a State receives notice under paragraph (1), the Governor shall choose whether to— (A) participate in the deployment of the nationwide, interoperable broadband net- work as proposed by the First Responder Network Authority; or (B) conduct its own deployment of a radio access network in such State. (3) Process (A) In general Upon making a decision to opt-out under paragraph (2)(B), the Governor shall notify the First Responder Network Authority, the NTIA, and the Commission of such decision.