47 USC 1306 - Connecting minority communities

U.S Code last checked for updates: Nov 22, 2024

§ 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 historically Black college or university, a Tribal College or University, or a Minority-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

(2)

Assistant Secretary

(3)

Broadband internet access service

(4)

Commission

(5)

Connected device

(6)

Director

(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 university;

(B)

a Tribal College or University;

(C)

a Minority-serving institution; or

(D)

a consortium that is led by a historically 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

(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 American 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 section 1059f(b) of title 20.

(11)

Minority business enterprise

(12)

Office

(13)

Pilot Program

(14)

Tribal College or University

(15)

Wi-Fi

(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

(2)

Director

(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 expand access to broadband internet access service and other digital opportunities in anchor communities;

(B)

collaborate with State, local, and Tribal governments, historically Black colleges or universities, Tribal Colleges or Universities, Minority-serving institutions, and stakeholders in the communications, education, 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 Universities, Minority-serving institutions, and anchor communities, including to—

(I)

students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

senior citizens and veterans who live in anchor communities;

(iii)

promote activities that would accelerate the adoption of broadband internet access service (including any associated equipment or personnel necessary to access and use that service, such as modems, routers, devices that combine a modem and a router, Wi-Fi hotspots, and connected devices)—

(I)

by students, faculty, and staff of historically Black colleges or universities, 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 anchor communities with respect to navigating Federal programs dealing with broadband internet access service;

(v)

promote digital literacy skills, including by providing opportunities for virtual or in-person digital literacy training and education;

(vi)

promote professional development opportunity partnerships between industry and historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions to help ensure that information technology personnel and students of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions have the skills needed to work with new and emerging technologies with respect 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 historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions;

(II)

encourage investment in communities that have been designated as qualified opportunity zones under section 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 deployment of advanced technologies; and

(C)

assume any functions carried out under the Minority Broadband Initiative of the National Telecommunications and Information Administration, as of the day before December 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 Commerce of the House of Representatives a report that—

(i)

for the year covered by the report, details 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 Universities, and Minority-serving institutions, including by expanding that access to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-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 Universities, and Minority-serving institutions, including to students, faculty, and staff of historically Black colleges or universities, Tribal Colleges or Universities, and Minority-serving institutions; and

(II)

within anchor communities.

(B)

Public availability

(c)

Connecting Minority Communities Pilot Program

(1)

Rules required

(A)

In general

Not later than 45 days after December 27, 2020, the Assistant Secretary shall promulgate rules establishing the Connecting Minority Communities Pilot Program, the purpose of which shall be to provide grants to eligible recipients in anchor communities for the purchase of broadband internet access service or any eligible equipment, or to hire and train information technology personnel—

(i)

in the case of an eligible recipient described 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 described in subsection (a)(8)(D)(i), to operate the minority business enterprise; or

(iii)

in the case of an eligible recipient described in subsection (a)(8)(D)(ii), to operate the organization.

(B)

Content

The rules promulgated under subparagraph (A) shall—

(i)

establish a method for identifying which eligible recipients in anchor communities have the greatest unmet financial needs;

(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 described 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 recipient;

(III)

are qualifying low-income consumers 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 unemployment 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 recipient believes do not have access to that equipment, subject to any restriction provided in those rules (or any successor 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 requirements of this section and the overall 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 Historically 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 recipients described in subparagraphs (A), (B), and (C) of subsection (a)(8) to provide broadband internet access service or eligible equipment to students of those eligible recipients.

(2)

Fund

(A)

Establishment

(B)

Use of Fund

(3)

Interagency coordination

(4)

Audits

(A)

In general

(B)

Report

(5)

Direct appropriation

(6)

Termination

(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 received 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;

(B)

identifies each eligible recipient that received a grant under the Pilot Program; and

(C)

contains information regarding the effectiveness 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.)

cite as: 47 USC 1306