Broadband Provisions of the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025

Benton Institute for Broadband & Society

Thursday, December 19, 2024

Digital Beat

Broadband Provisions in the
Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025

This week, Congress passed the Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025, this year's version of the National Defense Authorization Act (NDAA). The law authorizes $895.2 billion for Department of Defense programs, defense-related activities, and national security programs in the Department of Energy and the Defense Nuclear Facilities Safety Board. Included in the law are provisions to rural telecommunications networks more secure and internet access service affordable for members of the armed service while addressing issues around artificial intelligence and cybersecurity.

Additional Funding for Rip and Replace

In March 2020, then-President Donald Trump signed the Secure and Trusted Communications Networks Act of 2019 (S. 4998). The law is meant to protect American communications networks from threats presented by foreign suppliers, such as Huawei1 and ZTE. Specifically, the law:

  • Prohibits the Federal Communications Commission (FCC) from subsidizing the acquisition or maintenance of telecommunications equipment or services from untrusted suppliers.
  • Created the Secure and Trusted Communications Networks Reimbursement Program to reimburse telecommunications providers with fewer than two million customers. These providers are removing equipment from their networks that poses a national security risk to replace it with equipment from trusted suppliers.
  • Established an information-sharing program for telecommunications providers, particularly small and rural operators, to obtain information regarding potential security risks and vulnerabilities to their networks.

As recently as November 26, 2024, FCC Chairwoman Jessica Rosenworcel warned Congress that the Secure and Trusted Communications Networks Reimbursement Program (known colloquially as "Rip and Replace") faced a $3.08 billion shortfall, "putting both our national security and the connectivity of rural consumers who depend on these networks at risk," she said.

In the Servicemember Quality of Life Improvement and National Defense Authorization Act, Congress is increasing the cap on Rip and Replace from $1.9 billion to $4.98 billion to cover the shortfall identified by the FCC.2 

Within three months of enactment of this new law, the FCC may borrow from the U.S. Treasury up to $3.08 billion to carry out the Rip and Replace program. The FCC must complete outlays from the program by the end of 2033.

Paying for Rip and Replace

To raise the additional $3.08 billion for Rip and Replace, Congress is authorizing the FCC to conduct an auction of spectrum licenses in what's called the "AWS–3 bands."3 AWS stands for Advanced Wireless Services and the spectrum band is used for mobile voice and data services, video, and messaging. With authority from the Middle Class Tax Relief and Job Creation Act of 2012, the FCC auctioned AWS–3 bands in 2015, raising over $41 billion from 31 bidders that were awarded 1,611 licenses.

The new auction—which would have to be completed by mid-2026—would raise capital for a new Spectrum Auction Trust Fund. Through the Trust Fund, the AWS–3 spectrum auction would reimburse the U.S. Treasury. After the Treasury is fully reimbursed, any additional funds raised by the auction will go to deficit reduction. 

Within two years, the FCC must report to Congress on the use of the funds from the AWS–3 spectrum auction. The reporting must continue annually until all of the auction funds are expended. 

Free Internet Access for Members of the Armed Forces

The Servicemember Quality of Life Improvement and National Defense Authorization Act amends existing law to allow military departments to provide members of the armed services that reside in “military unaccompanied housing” (think a barracks or a dormitory not suitable for a dependant).

Within three months, the Secretary of Defense will issue a guidance to implement this new policy, ensuring that service members have reasonable access to 100/20 Megabits per second (Mbps) broadband internet access service that maximizes access to individual rooms and spaces with appropriate restrictions.

Internet access can play a vital role in service members' lives including distance education for professional military education.

Embracing Artificial Intelligence

The Department of Defense (DoD) has had an artificial intelligence (AI) strategy since 2018 (and updated in 2020 and 2023). The latest strategy focuses on how DoD will accelerate its adoption of data, analytics and AI.     

In the Servicemember Quality of Life Improvement and National Defense Authorization Act, Congress finds that:

  1. the considered use of AI and machine learning tools present opportunities to strengthen the security of critical strategic communications and early warning networks, improve the efficiency of planning processes to reduce the risk of collateral damage, and enhance U.S. capabilities for modeling weapons functionality in support of stockpile stewardship; and
  2. even with such applications, particular care must be taken to ensure that the incorporation of artificial intelligence and machine learning tools does not increase the risk that our Nation’s most critical strategic assets can be compromised. 

So the policy of the U.S. is now that the use of artificial intelligence efforts should not compromise the integrity of nuclear safeguards, whether through the functionality of weapons systems, the validation of communications from command authorities, or the principle of requiring positive human actions in execution of decisions by the President with respect to the employment of nuclear weapons.

The new law also includes AI provisions such as:

  • Improving the AI workforce in the DoD;
  • Creating online courses on AI and machine learning for members of the Armed Services;
  • Expanding access to DoD's Digital On-Demand Program which includes educational resources on artificial intelligence, emerging technologies, data literacy, and related topics;
  • Understanding national security risks associated with artificial intelligence technologies;
  • Creating AI pilot programs;
  • Using AI and machine learning in generating DoD financial audits;
  • Coordinating AI initiatives with U.S.allies and partners; 
  • Improving the human usability of artificial intelligence systems and information derived from such systems;
  • Creating next-generation, advanced-AI capabilities testing and processing requirements;
  • Budgeting for AI programs; and
  • Establishing an Artificial Intelligence Security Center within the Cybersecurity Collaboration Center of the National Security Agency to 1) prevent or mitigate counter-artificial intelligence techniques and 2) promote secure artificial intelligence adoption practices for managers of national security systems.

Cybersecurity

Since 2020, the United States Cyber Command (USCYBERCOM) has served as the nation’s unified combatant command for the cyberspace domain. USCYBERCOM comprises military, intelligence, and information technology capabilities. Its mission is to direct, synchronize, and coordinate cyberspace planning and operations to defend and advance national interests in collaboration with domestic and international partners. USCYBERCOM defends the Department of Defense (DoD) information systems, supports joint force commanders with cyberspace operations, and defends the nation from significant cyberattacks. USCYBERCOM represents the latest evolution in a series of organizational designs to enable the Department of Defense Information Network (DoDIN) and to optimize U.S. military capabilities in cyberspace.

The Servicemember Quality of Life Improvement and National Defense Authorization Act addresses cybersecurity, in part by:

  • Mandating an update to the DoD's zero trust strategy to include Internet of Things hardware, including human-wearable devices, sensors, and other smart technology used by the United States in military operations;
  • Ordering the development of a strategy for the management and cybersecurity of DoD multi-cloud environments; 
  • Requiring a detailed evaluation of the cybersecurity products and services for mobile devices; and
  • Identifying foreign ransomware organizations and instructing that they be treated as hostile foreign cyber actors.

Notes

  1. Of note: the new law also prohibits the procurement of semiconductor products services from Huawei.
  2. See Title LIV Section 5405.
  3. 1695-1710 MHz and 1755-1780 MHz Bands, if you're scoring at home.
  4. See Title VI, Subtitle F, Section 651. 

The Benton Institute for Broadband & Society is a non-profit organization dedicated to ensuring that all people in the U.S. have access to competitive, High-Performance Broadband regardless of where they live or who they are. We believe communication policy - rooted in the values of access, equity, and diversity - has the power to deliver new opportunities and strengthen communities.


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Kevin Taglang

Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
1041 Ridge Rd, Unit 214
Wilmette, IL 60091
847-220-4531
headlines AT benton DOT org

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