Protecting Communications Networks from Chinese Communist Party Espionage Act

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. 1. Short title This Act may be cited as the Protecting Communications Networks from Chinese Communist Party Espionage Act 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 47 U.S.C. 921 Public Law 117–58 (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) (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) section 90008(b)(2)(A)(ii) of the Infrastructure Investment and Jobs Act 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) covered proceeds (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. 47 U.S.C. 1603(k) (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 Public Law 117–58

Summary: Protecting Communications Networks from Chinese Communist Party Espionage Act This bill requires the Federal Communications Commission to auction licenses for a specified portion of the electromagnetic spectrum for nonfederal use, shared federal and nonfederal use, or a combination of those uses, with proceeds going towards the Secure and Trusted Communications Networks Reimbursement Program (a program that reimburses certain communications providers for replacing equipment deemed to be a threat to national security).