[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3565 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3565
To authorize the Federal Communications Commission to use a system of
competitive bidding to grant a license or a permit for use of
electromagnetic spectrum and to direct proceeds from such a system of
competitive bidding for communications and technology initiatives, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 22, 2023
Mrs. Rodgers of Washington (for herself and Mr. Pallone) introduced the
following bill; which was referred to the Committee on Energy and
Commerce, and in addition to the Committee on Armed Services, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To authorize the Federal Communications Commission to use a system of
competitive bidding to grant a license or a permit for use of
electromagnetic spectrum and to direct proceeds from such a system of
competitive bidding for communications and technology initiatives, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spectrum Auction
Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SPECTRUM INNOVATION
Sec. 101. Spectrum auctions and innovation.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
Sec. 201. Increase in limitation on expenditure.
TITLE III--NEXT GENERATION 9-1-1
Sec. 301. Further deployment and coordination of Next Generation 9-1-1.
TITLE IV--INCUMBENT INFORMING CAPABILITY
Sec. 401. Incumbent informing capability.
TITLE V--REAUTHORIZATION OF FCC AUCTION AUTHORITY
Sec. 501. Reauthorization of FCC auction authority.
TITLE VI--SPECTRUM AUCTION TRUST FUND
Sec. 601. Deposit of proceeds.
Sec. 602. Spectrum Auction Trust Fund.
TITLE VII--CREATION OF A SPECTRUM PIPELINE
Sec. 701. Creation of a spectrum pipeline.
TITLE VIII--IMPROVING SPECTRUM MANAGEMENT
Sec. 801. Improving spectrum management.
TITLE IX--MINORITY SERVING INSTITUTIONS PROGRAM
Sec. 901. Definitions.
Sec. 902. Program.
TITLE I--SPECTRUM INNOVATION
SEC. 101. SPECTRUM AUCTIONS AND INNOVATION.
(a) 3.1-3.45 GHz Band.--
(1) Definitions.--Section 90008(a) of the Infrastructure
Investment and Jobs Act (47 U.S.C. 921 note) is amended--
(A) by redesignating paragraph (3) as paragraph
(4);
(B) by inserting after paragraph (2) the following:
``(3) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).''; and
(C) by adding at the end the following:
``(5) Relocation or sharing costs.--The term `relocation or
sharing costs' has the meaning given such term in section
113(g)(3) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(g)(3)).
``(6) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Communications
and Information.''.
(2) Promoting wireless innovation.--Section 90008(b) of the
Infrastructure Investment and Jobs Act (47 U.S.C. 921 note) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (A)(i), by striking
``for shared Federal and non-Federal commercial
licensed use; and'' and inserting ``for non-
Federal use, shared Federal and non-Federal
use, or a combination thereof; and'';
(ii) in subparagraph (B)--
(I) by striking ``Section'' and
inserting the following:
``(i) In general.--Section'';
(II) in clause (i), as so
designated, by striking ``the payment
required under subparagraph (A)'' and
inserting ``payments made under
subparagraph (A) before the date of the
enactment of the Spectrum Auction
Reauthorization Act of 2023''; and
(III) by adding at the end the
following:
``(ii) Accounting plan.--The Secretary of
Defense shall submit a report to the Secretary
of Commerce and the Director of the Office of
Management and Budget not later than 90 days
after the date of the enactment of the Spectrum
Auction Reauthorization Act of 2023, in
accordance with section 118(g)(2)(D)(i)(I) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)(2)(D)(i)(I)), describing the activities
for which the Department of Defense has used,
is using, and will use payments made under
subparagraph (A) before the date of the
enactment of the Spectrum Auction
Reauthorization Act of 2023. The Secretary of
Commerce, acting through the Assistant
Secretary, and the Director of the Office of
Management and Budget shall continuously review
and provide an accounting of the activities
carried out using the payments made under
subparagraph (A).'';
(iii) by amending subparagraph (C) to read
as follows:
``(C) Report to secretary of commerce.--For
purposes of paragraph (2)(A), the Secretary of Defense,
in coordination with the heads of other relevant
Federal agencies who receive funds under subparagraph
(D) of this paragraph, shall, not later than September
30, 2023, report to the Secretary of Commerce the
findings of the planning activities described in
subparagraph (A) of this paragraph, and detail
frequencies in the covered band for identification by
the Secretary of Commerce under paragraph (2).''; and
(iv) by adding at the end the following:
``(D) Additional payments.--
``(i) In general.--Federal entities with
operations in the covered band that did not
receive a payment under subparagraph (A) and
that the Assistant Secretary determines might
be affected by reallocation of the covered band
may request a payment under section
118(g)(2)(A) of the National Telecommunications
and Information Administration Organization Act
(47 U.S.C. 928(g)(2)(A)) in order to make
available the entire covered band for non-
Federal use, shared Federal and non-Federal
use, or a combination thereof. Total awards
under this clause shall not exceed $25,000,000.
``(ii) Exemptions.--Subparagraphs (C)(ii)
and (D)(ii) of section 118(g)(2) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)(2)) shall not apply with respect to a
payment made under clause (i).
``(E) Cooperation.--The Assistant Secretary and the
Department of Defense Chief Information Officer will
serve as co-chairs of the Partnering to Advance Trusted
and Holistic Spectrum Solutions (PATHSS) Task Group.'';
(B) by amending paragraph (2) to read as follows:
``(2) Identification.--
``(A) In general.--Not later than June 15, 2025,
informed by the report required under paragraph (1)(C),
the Secretary of Commerce, in consultation with the
Secretary of Defense, the Director of the Office of
Science and Technology Policy, and the Commission,
shall submit to the President, the Commission, and the
relevant congressional committees a report that
identifies 350 megahertz of frequencies in the covered
band for non-Federal use, shared Federal and non-
Federal use, or a combination thereof.
``(B) Determination in case of risk to national
security.--If the Secretary of Defense believes
reallocation of the frequencies identified by the
Secretary of Commerce under subparagraph (A) poses an
unacceptable risk to the national security of the
United States, the Secretary of Defense shall inform
the President, as the Commander in Chief under Article
II, Section 2 of the United States Constitution, and
the President shall make a final determination
regarding which frequencies could feasibly be
reallocated for the purposes of that subparagraph.'';
(C) by amending paragraph (3) to read as follows:
``(3) Auction.--
``(A) In general.--Not later than January 15, 2028,
the Commission, in coordination with the Assistant
Secretary, shall commence a system of competitive
bidding under section 309(j) of the Communications Act
of 1934 (47 U.S.C. 309(j)), in accordance with
paragraph (2) of this subsection, of the frequencies
identified under such paragraph as suitable for a
system of competitive bidding.
``(B) Prohibition.--No entity that produces or
provides any covered communications equipment or
service (as defined in section 9 of the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1608)), or any affiliate (as defined in section 3 of
the Communications Act of 1934 (47 U.S.C. 153)) of such
an entity, may participate in the system of competitive
bidding required by subparagraph (A).
``(C) Scope.--The Commission may not include in the
system of competitive bidding required by subparagraph
(A) any frequencies that are not in the covered
band.''; and
(D) by amending paragraph (4) to read as follows:
``(4) Modification or withdrawal of federal entity
licenses.--
``(A) In general.--The President, acting through
the Assistant Secretary, shall--
``(i) begin the process of modifying or
withdrawing any assignment to a Federal
Government station of the frequencies
identified under paragraph (2) to accommodate
non-Federal use, shared Federal and non-Federal
use, or a combination thereof in accordance
with that paragraph not later than December 15,
2027; and
``(ii) not later than 30 days after
completing any necessary withdrawal or
modification under clause (i), notify the
Commission that the withdrawal or modification
is complete.
``(B) Limitations.--The President may not modify or
withdraw any assignment to a Federal Government station
as described in subparagraph (A)--
``(i) unless the President determines that
such modification or withdrawal will not pose
an unacceptable risk to the national security
of the United States; and
``(ii) before November 30, 2024.''.
(b) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``except that'' and all that follows and inserting ``except
that with respect to the electromagnetic spectrum identified as
suitable for a system of competitive bidding under section
90008(b)(2) of the Infrastructure Investment and Jobs Act (47
U.S.C. 921 note), such authority shall expire on the date that
is 7 years after November 15, 2021.''.
(2) Spectrum pipeline act of 2015.--Section 1004 of the
Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat.
621; 47 U.S.C. 921 note) is amended--
(A) in subsection (a), by striking ``2022'' and
inserting ``2024'';
(B) in subsection (b)(1), by striking ``2022'' and
inserting ``2024''; and
(C) in subsection (c)(1)(B), by striking ``2024''
and inserting ``2026''.
(c) Rule of Construction.--Nothing in this section or the
amendments made by this section shall be construed to alter or impede
the activities authorized to be conducted using the payment required by
section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note), as such
section was in effect on the day before the date of the enactment of
this Act, if the Assistant Secretary of Commerce for Communications and
Information determines that such activities are conducted in accordance
with section 90008 of the Infrastructure Investment and Jobs Act, as
amended by this section. Nothing in this subsection shall be construed
to affect any requirement under section 1062(b) of the National Defense
Authorization Act for Fiscal Year 2000 (47 U.S.C. 921 note; Public Law
106-65).
(d) Savings Clause.--Nothing in this section, or any amendment made
by this section, shall be construed to alter the authorities of the
Assistant Secretary of Commerce for Communications and Information in
the spectrum management process as provided in the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 901 et seq.).
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE.
Section 4(k) of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000''
and inserting ``$4,980,000,000''.
TITLE III--NEXT GENERATION 9-1-1
SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by adding at the end the
following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Duties of Assistant Secretary With Respect to Next Generation
9-1-1.--
``(1) In general.--The Assistant Secretary, after
consulting with the Administrator, shall--
``(A) take actions, in coordination with State
points of contact described under subsection
(c)(3)(A)(ii) as applicable, to improve coordination
and communication with respect to the implementation of
Next Generation 9-1-1;
``(B) develop, collect, and disseminate information
concerning the practices, procedures, and technology
used in the implementation of Next Generation 9-1-1;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (c)(3)(A)(iii);
``(D) provide technical assistance to eligible
entities provided a grant under subsection (c) in
support of efforts to explore efficiencies related to
Next Generation 9-1-1;
``(E) review and approve or disapprove applications
for grants under subsection (c); and
``(F) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(2) Annual reports.--Not later than October 1, 2024, and
each year thereafter until funds made available to make grants
under subsection (c) are no longer available to be expended,
the Assistant Secretary shall submit to Congress a report on
the activities conducted by the Assistant Secretary under
paragraph (1) in the year preceding the submission of the
report.
``(3) Assistance.--The Assistant Secretary may seek the
assistance of the Administrator in carrying out the duties
described in subparagraphs (A) through (D) of paragraph (1) as
the Assistant Secretary determines necessary.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--The Assistant Secretary, after
consulting with the Administrator, shall develop a
management plan for the grant program established under
this section, including by developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 180
days after the date of the enactment of this section,
the Assistant Secretary shall--
``(i) submit the management plan developed
under subparagraph (A) to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives;
``(ii) publish the management plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) provide the management plan to the
Administrator for the purpose of publishing the
management plan on the website of the National
Highway Traffic Safety Administration.
``(2) Modification of plan.--
``(A) Modification.--The Assistant Secretary, after
consulting with the Administrator, may modify the
management plan developed under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Assistant
Secretary shall--
``(i) submit the modified plan to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives;
``(ii) publish the modified plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) provide the modified plan to the
Administrator for the purpose of publishing the
modified plan on the website of the National
Highway Traffic and Safety Administration.
``(c) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Assistant Secretary shall provide grants
to eligible entities for--
``(A) implementing Next Generation 9-1-1;
``(B) maintaining Next Generation 9-1-1;
``(C) training directly related to implementing,
maintaining, and operating Next Generation 9-1-1 if the
cost related to the training does not exceed--
``(i) 3 percent of the total grant award
for eligible entities that are not Tribes; and
``(ii) 5 percent of the total grant award
for eligible entities that are Tribes;
``(D) public outreach and education on how the
public can best use Next Generation 9-1-1 and the
capabilities and usefulness of Next Generation 9-1-1;
``(E) administrative costs associated with planning
of Next Generation 9-1-1, including any cost related to
planning for and preparing an application and related
materials as required by this subsection, if--
``(i) the cost is fully documented in
materials submitted to the Assistant Secretary;
and
``(ii) the cost is reasonable, necessary,
and does not exceed--
``(I) 1 percent of the total grant
award for eligible entities that are
not Tribes; and
``(II) 2 percent of the total grant
award for eligible entities that are
Tribes;
``(F) costs associated with implementing
cybersecurity measures at emergency communications
centers or with respect to Next Generation 9-1-1.
``(2) Application.--In providing grants under paragraph
(1), the Assistant Secretary, after consulting with the
Administrator, shall require an eligible entity to submit to
the Assistant Secretary an application, at the time and in the
manner determined by the Assistant Secretary, and containing
the certification required by paragraph (3).
``(3) Coordination required.--Each eligible entity shall
include in the application required by paragraph (2) a
certification that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of the entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for that State, except
that such designation need not vest such
officer or governmental body with direct legal
authority to implement Next Generation 9-1-1 or
to manage emergency communications operations;
and
``(iii) has developed and submitted a plan
for the coordination and implementation of Next
Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) ensures reliability;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
``(V) includes strategies for
coordinating cybersecurity information
sharing between Federal, State, Tribal,
and local government partners;
``(VI) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VII) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VIII) includes a governance body
or bodies, either by creation of new,
or use of existing, body or bodies, for
the development and deployment of Next
Generation 9-1-1 that--
``(aa) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(IX) creates efficiencies related
to Next Generation 9-1-1 functions,
including cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(X) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
``(aa) requiring
certificate authorities to be
capable of cross-certification
with other authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribe, the Tribe has complied with clauses (i) and
(iii) of subparagraph (A).
``(4) Criteria.--
``(A) In general.--Not later than 1 year after the
date of the enactment of this section, the Assistant
Secretary, after consulting with the Administrator,
shall issue rules, after providing the public with
notice and an opportunity to comment, prescribing the
criteria for selecting eligible entities for grants
under this subsection.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this subsection; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Assistant Secretary shall
update such rules as necessary.
``(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary at the time of application
for a grant under this subsection, and each eligible entity
that receives such a grant shall certify to the Assistant
Secretary annually thereafter during any period of time the
funds from the grant are available to the eligible entity,
that--
``(A) beginning on the date that is 180 days before
the date on which the application is filed, no portion
of any 9-1-1 fee or charge imposed by the eligible
entity (or in the case that the eligible entity is not
a State or Tribe, any State or taxing jurisdiction
within which the eligible entity will carry out, or is
carrying out, activities using grant funds) are
obligated or expended for a purpose or function not
designated under the rules issued pursuant to section
6(f)(3) of the Wireless Communications and Public
Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as such
rules are in effect on the date on which the eligible
entity makes the certification) as acceptable;
``(B) any funds received by the eligible entity
will be used, consistent with paragraph (1), to support
the deployment of Next Generation 9-1-1 that ensures
reliability and interoperability, by requiring the use
of commonly accepted standards;
``(C) the eligible entity (or in the case that the
eligible entity is not a State or Tribe, any State or
taxing jurisdiction within which the eligible entity
will carry out or is carrying out activities using
grant funds) has established, or has committed to
establish not later than 3 years following the date on
which the grant funds are distributed to the eligible
entity--
``(i) a sustainable funding mechanism for
Next Generation 9-1-1; and
``(ii) effective cybersecurity resources
for Next Generation 9-1-1;
``(D) the eligible entity will promote
interoperability between emergency communications
centers deploying Next Generation 9-1-1 and emergency
response providers, including users of the nationwide
public safety broadband network;
``(E) the eligible entity has or will take steps to
coordinate with adjoining States and Tribes to
establish and maintain Next Generation 9-1-1; and
``(F) the eligible entity has developed a plan for
public outreach and education on how the public can
best use Next Generation 9-1-1 and on the capabilities
and usefulness of Next Generation 9-1-1.
``(6) Condition of grant.--Each eligible entity shall
agree, as a condition of receipt of a grant under this
subsection, that if any State or taxing jurisdiction within
which the eligible entity will carry out activities using grant
funds fails to comply with a certification required under
paragraph (5), during any period of time during which the funds
from the grant are available to the eligible entity, all of the
funds from such grant shall be returned to the Assistant
Secretary.
``(7) Penalty for providing false information.--Any
eligible entity that provides a certification under paragraph
(5) knowing that the information provided in the certification
was false shall--
``(A) not be eligible to receive the grant under
this subsection;
``(B) return any grant awarded under this
subsection; and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First
Responder Network Authority; or
``(B) to make any payments to a person who has
been, for reasons of national security, prohibited by
any entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(d) Definitions.--In this section and sections 160 and 161:
``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge'
has the meaning given such term in section 6(f)(3)(D) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a-1(f)(3)(D)).
``(2) 9-1-1 request for emergency assistance.--The term `9-
1-1 request for emergency assistance' means a communication,
such as voice, text, picture, multimedia, or any other type of
data that is sent to an emergency communications center for the
purpose of requesting emergency assistance.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--The term `commonly
accepted standards' means the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that--
``(A) enable interoperability; and
``(B) are--
``(i) developed and approved by a standards
development organization that is accredited by
an American standards body (such as the
American National Standards Institute) or an
equivalent international standards body in a
process--
``(I) that is open to the public,
including open for participation by any
person; and
``(II) provides for a conflict
resolution process;
``(ii) subject to an open comment and input
process before being finalized by the standards
development organization;
``(iii) consensus-based; and
``(iv) made publicly available once
approved.
``(5) Cost related to the training.--The term `cost related
to the training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible entity'--
``(A) means--
``(i) a State or a Tribe; or
``(ii) an entity, including a public
authority, board, or commission, established by
one or more entities described in clause (i);
and
``(B) does not include any entity that has failed
to submit the certifications required under subsection
(c)(5).
``(7) Emergency communications center.--
``(A) In general.--The term `emergency
communications center' means--
``(i) a facility that--
``(I) is designated to receive a 9-
1-1 request for emergency assistance;
and
``(II) performs one or more of the
functions described in subparagraph
(B); or
``(ii) a public safety answering point, as
defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
``(B) Functions described.--The functions described
in this subparagraph are the following:
``(i) Processing and analyzing 9-1-1
requests for emergency assistance and
information and data related to such requests.
``(ii) Dispatching appropriate emergency
response providers.
``(iii) Transferring or exchanging 9-1-1
requests for emergency assistance and
information and data related to such requests
with one or more other emergency communications
centers and emergency response providers.
``(iv) Analyzing any communications
received from emergency response providers.
``(v) Supporting incident command
functions.
``(8) Emergency response providers.--The term `emergency
response providers' has the meaning given that term under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1424).
``(10) Interoperability.--The term `interoperability' means
the capability of emergency communications centers to receive
9-1-1 requests for emergency assistance and information and
data related to such requests, such as location information and
callback numbers from a person initiating the request, then
process and share the 9-1-1 requests for emergency assistance
and information and data related to such requests with other
emergency communications centers and emergency response
providers without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device, software,
service provider, or other relevant factors.
``(11) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(12) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an Internet Protocol-based system that--
``(A) ensures interoperability;
``(B) is secure;
``(C) employs commonly accepted standards;
``(D) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(E) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(F) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(13) Reliability.--The term `reliability' means the
employment of sufficient measures to ensure the ongoing
operation of Next Generation 9-1-1 including through the use of
geo-diverse, device- and network-agnostic elements that provide
more than one route between end points with no common points
where a single failure at that point would cause all to fail.
``(14) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
``(15) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.
``(16) Tribe.--The term `Tribe' has the meaning given to
the term `Indian Tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Assistant Secretary, after consulting with the Administrator
and the Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, shall establish a Next
Generation 9-1-1 Cybersecurity Center to coordinate with State, local,
and regional governments on the sharing of cybersecurity information
about, the analysis of cybersecurity threats to, and guidelines for
strategies to detect and prevent cybersecurity intrusions relating to
Next Generation 9-1-1.
``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--The Assistant Secretary shall
establish a `Public Safety Next Generation 9-1-1 Advisory
Board' (in this section referred to as the `Board') to provide
recommendations to the Assistant Secretary--
``(A) with respect to carrying out the duties and
responsibilities of the Assistant Secretary in issuing
the rules required under section 159(c)(4);
``(B) as required by paragraph (7); and
``(C) upon request under paragraph (8).
``(2) Membership.--
``(A) Voting members.--Not later than 150 days
after the date of the enactment of this section, the
Assistant Secretary shall appoint 16 public safety
members to the Board, of which--
``(i) 4 members shall represent local law
enforcement officials;
``(ii) 4 members shall represent fire and
rescue officials;
``(iii) 4 members shall represent emergency
medical service officials; and
``(iv) 4 members shall represent 9-1-1
professionals.
``(B) Diversity of membership.--Members shall be
representatives of State or Tribes and local
governments, chosen to reflect geographic and
population density differences as well as public safety
organizations at the national level across the United
States.
``(C) Expertise.--All members shall have specific
expertise necessary for developing technical
requirements under this section, such as technical
expertise, and expertise related to public safety
communications and 9-1-1 services.
``(D) Rank and file members.--In making the
appointments required by subparagraph (A), the
Assistant Secretary shall appoint a rank and file
member from each of the public safety disciplines
listed in clauses (i) through (iv) of such subparagraph
as a member of the Board and shall select such member
from an organization that represents its public safety
discipline at the national level.
``(3) Period of appointment.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Board shall serve for
a 3-year term.
``(B) Removal for cause.--A member of the Board may
be removed for cause upon the determination of the
Assistant Secretary.
``(4) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the voting
members of the Board.
``(7) Duty of board to submit recommendations.--Not later
than 120 days after all members of the Board are appointed
under paragraph (2), the Board shall submit to the Assistant
Secretary recommendations for--
``(A) deploying Next Generation 9-1-1 in rural and
urban areas;
``(B) ensuring flexibility in guidance, rules, and
grant funding to allow for technology improvements;
``(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(D) enabling effective coordination among State,
local, Tribal, and territorial government entities to
ensure that the needs of emergency communications
centers in both rural and urban areas are taken into
account in each implementation plan required under
section 159(c)(3)(A)(iii); and
``(E) incorporating existing cybersecurity
resources to Next Generation 9-1-1 procurement and
deployment.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Assistant Secretary only upon
request of the Assistant Secretary.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(c) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Assistant Secretary to seek
comment from stakeholders and the public.''.
TITLE IV--INCUMBENT INFORMING CAPABILITY
SEC. 401. INCUMBENT INFORMING CAPABILITY.
(a) In General.--Part B of the National Telecommunications and
Information Administration Organization Act is amended by adding at the
end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Assistant Secretary shall--
``(1) not later than 120 days after the date of the
enactment of this section, begin to amend the Department of
Commerce spectrum management document entitled `Manual of
Regulations and Procedures for Federal Radio Frequency
Management' so as to incorporate an incumbent informing
capability; and
``(2) not later than 90 days after the date of the
enactment of this section, begin to implement such capability,
including the development and testing of such capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing and coordination, to
securely manage harmful interference between non-Federal users
and incumbent Federal entities sharing a band of covered
spectrum and between Federal entities sharing a band of covered
spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms (that shall include
interfaces to commerce sharing systems, as appropriate)
to allow non-Federal use in covered spectrum, as
authorized by the rules of the Commission.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to and from incumbent
Federal entities, including one or more of the
following functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(A) input into the system required by paragraph
(1) such information as the Assistant Secretary may
require, including the frequency, time, and location of
the use of the band by such Federal entity; and
``(B) to the extent practicable, input such
information into such system on an automated basis.
``(5) Protection of classified information and controlled
unclassified information.--
``(A) In general.--The system required by paragraph
(1) shall contain appropriate measures to protect
classified information and controlled unclassified
information, including any such classified information
or controlled unclassified information that relates to
military operations.
``(B) Mechanism.--The Assistant Secretary shall
develop a mechanism--
``(i) for information sharing between
classified and unclassified databases; and
``(ii) to address issues of aggregate
classification challenges.
``(6) Consultation.--
``(A) Federal agencies.--The Assistant Secretary
shall consult with the heads of other relevant Federal
agencies on the development, testing, and
implementation of the incumbent informing capability to
ensure consideration of the operational and mission
requirements of those Federal agencies.
``(B) Stakeholder feedback.--The Assistant
Secretary shall solicit stakeholder feedback from
Federal and non-Federal users of the incumbent
informing capability, including on--
``(i) how best to mitigate risks to
incumbent Federal users and missions;
``(ii) which mitigation measures could
enable secondary access by non-Federal users to
avoid operational impact; and
``(iii) a process for incumbent Federal
users to share complaints or report harmful
mission impact, including how the impact to
Federal missions would be assessed.
``(c) Briefing.--Not later than 120 days after the date of the
enactment of this section, and annually thereafter, the Assistant
Secretary shall provide a briefing on the implementation and operation
of the incumbent informing capability to--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(2) the Committee on Energy and Commerce of the House of
Representatives.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum'
means--
``(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for (including
before the date on which the incumbent informing
capability required by subsection (a) is implemented) a
non-Federal user or class of non-Federal users for use
on a shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use that is
shared among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
(b) Funding.--On the date of the enactment of this Act, the
Director of the Office of Management and Budget shall transfer
$120,000,000 from the Spectrum Relocation Fund established under
section 118 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928) to the National
Telecommunications and Information Administration for the purpose of
establishing the incumbent informing capability under section 120 of
such Act, as added by subsection (a).
TITLE V--REAUTHORIZATION OF FCC AUCTION AUTHORITY
SEC. 501. REAUTHORIZATION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``March 9, 2023'' and inserting
``September 30, 2026''.
TITLE VI--SPECTRUM AUCTION TRUST FUND
SEC. 601. DEPOSIT OF PROCEEDS.
(a) Covered Auction Defined.--In this title, the term ``covered
auction'' means a system of competitive bidding--
(1) conducted under section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, that
commences during the period beginning on the date of the
enactment of this Act and ending on December 31, 2025;
(2) conducted under section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, for the
band of frequencies between 3100 megahertz and 3450 megahertz,
inclusive; or
(3)(A) that involves a band of frequencies described in
section 113(g)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(g)(2)); or
(B) with respect to which the Federal Communications
Commission shares with a licensee a portion of the proceeds, as
described in paragraph (8)(G) of such section 309(j).
(b) Deposit of Proceeds.--Notwithstanding subparagraphs (A),
(C)(i), (D), and (G)(iii) of section 309(j)(8) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)) and except as provided in
subparagraph (B) of such section, the proceeds (including deposits and
upfront payments from successful bidders) from any covered auction
shall be deposited or available as follows:
(1) In the case of proceeds attributable to eligible
frequencies described in subsection (g)(2) of section 113 of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923), such amount of such proceeds
as is necessary to cover 110 percent of the relocation or
sharing costs (as defined in subsection (g)(3) of such section)
of Federal entities (as defined in subsection (l) of such
section) relocated from or sharing such eligible frequencies
shall be deposited in the Spectrum Relocation Fund established
under section 118 of such Act (47 U.S.C. 928). Any remaining
proceeds after making the deposit described in this paragraph
shall be deposited in accordance with section 602 of this Act.
(2) In the case of proceeds attributable to spectrum usage
rights made available through an incentive auction under
subparagraph (G) of section 309(j)(8) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)), such amount of such proceeds as
the Federal Communications Commission has agreed to share with
licensees under such subparagraph shall be shared with such
licensees. Any remaining proceeds after making the deposit
described in this paragraph shall be deposited in accordance
with section 602 of this Act.
(3) Any remaining proceeds after carrying out paragraphs
(1) and (2) shall be deposited in accordance with section 602
of this Act.
SEC. 602. SPECTRUM AUCTION TRUST FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Spectrum Auction Trust Fund''
(in this section referred to as the ``Fund'') for the purposes
described in subparagraphs (A) through (D) of subsection (c)(1).
Amounts deposited in the Fund shall remain available until expended.
(b) Deficit Reduction.--
(1) Proceeds of required auction of 3.1-3.45 ghz band.--
Except as provided in section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and
notwithstanding any other provision of law--
(A) the first $17,300,000,000 of the proceeds of
systems of competitive bidding required under section
90008 of the Infrastructure Investment and Jobs Act (47
U.S.C. 921 note) shall be deposited in the general fund
of the Treasury, where such proceeds shall be dedicated
for the sole purpose of deficit reduction; and
(B) the remainder of the proceeds of the systems of
competitive bidding described in subparagraph (A) shall
be deposited in accordance with subsection (c).
(2) Proceeds of spectrum pipeline act of 2015 auction.--
Except as provided in section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and
notwithstanding any other provision of law--
(A) the first $300,000,000 of the proceeds of the
system of competitive bidding required under section
1004 of the Spectrum Pipeline Act of 2015 (47 U.S.C.
921 note) shall be deposited in the general fund of the
Treasury, where such proceeds shall be dedicated for
the sole purpose of deficit reduction; and
(B) the remainder of the proceeds of the system of
competitive bidding described in subparagraph (A) shall
be deposited in accordance with subsection (c).
(3) Remaining proceeds of covered auctions.--Except as
provided in section 309(j)(8)(B) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(B)), and notwithstanding any other
provision of law, any proceeds from covered auctions conducted
under section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), shall be deposited as follows (unless the
covered auction is a system of competitive bidding described in
paragraph (1) or (2) of this subsection, in which case those
proceeds shall be deposited in accordance with paragraph (1) or
(2) of this subsection, as applicable):
(A) The first $2,000,000,000 of those proceeds
shall be deposited in the general fund of the Treasury,
where such amounts shall be dedicated for the sole
purpose of deficit reduction.
(B) Any remaining proceeds after carrying out
subparagraph (A) shall be deposited in accordance with
subsection (c).
(c) Deposit of Funds.--
(1) In general.--Except as provided in subsection (b) and
paragraph (2), and notwithstanding any other provision of law
(except for that subsection), an aggregate total amount of
$23,080,000,000 from covered auctions shall be deposited in the
Fund as follows:
(A) 30 percent of any such amounts, but no more
than $3,080,000,000 cumulatively, shall be transferred
to the general fund of the Treasury to reimburse the
amount borrowed under subsection (d) of this section.
(B) 30 percent of any such amounts, but no more
than $14,800,000,000 cumulatively, shall be made
available to the Assistant Secretary of Commerce for
Communications and Information until expended to carry
out sections 159, 160, and 161 of the National
Telecommunications and Information Administration
Organization Act, as added by section 301 of this Act,
except that not more than 4 percent of the amount made
available by this subparagraph may be used for
administrative purposes (including carrying out such
sections 160 and 161).
(C) 30 percent of any such amounts, but no more
than $5,000,000,000 cumulatively, shall be made
available to the Assistant Secretary of Commerce for
Communications and Information to carry out section
60401 of the Infrastructure Investment and Jobs Act (47
U.S.C. 1741).
(D) 10 percent of such amounts, but no more than
$200,000,000 cumulatively, shall be transferred to the
general fund of the Treasury to reimburse the amount
borrowed under subsection (e) of this section.
(2) Distribution.--If the maximum amount permitted under a
subparagraph of paragraph (1) is met, whether through covered
auction proceeds or appropriations to the program specified in
such subparagraph, any remaining proceeds shall be deposited
pro rata based on the original distribution to all
subparagraphs of paragraph (1) for which the maximum amount
permitted has not been met.
(3) Deficit reduction.--After the amount required to be
made available by paragraphs (1) and (2) is so made available,
any remaining amounts shall be deposited in the general fund of
the Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
(d) FCC Borrowing Authority.--The Federal Communications Commission
may borrow from the Treasury of the United States, not later than 90
days after the date of the enactment of this Act, an amount not to
exceed $3,080,000,000 to carry out the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), provided
that the Commission shall not use any funds borrowed under this
subsection in a manner that may result in outlays on or after December
31, 2032.
(e) NTIA Borrowing Authority.--The Assistant Secretary of Commerce
for Communications and Information may borrow from the Treasury of the
United States, not later than 90 days after the date of the enactment
of this Act, an amount not to exceed $200,000,000 to carry out the
Minority Serving Institutions Program created under title IX of this
Act, provided that the Assistant Secretary shall not use any funds
borrowed under this subsection in a manner that may result in outlays
on or after December 31, 2032.
(f) Reporting Requirement.--Not later than 2 years after the date
of the enactment of this Act, and every year thereafter until funds are
fully expended, the agencies to which the funds are made available
shall submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the amount transferred or made
available under each subparagraph of subsection (c)(1).
TITLE VII--CREATION OF A SPECTRUM PIPELINE
SEC. 701. CREATION OF A SPECTRUM PIPELINE.
(a) Feasibility Assessment.--
(1) In general.--The Assistant Secretary shall complete,
not later than June 15, 2025, a feasibility assessment of
making available electromagnetic spectrum for non-Federal use,
shared Federal and non-Federal use, or a combination thereof,
in the bands of frequencies--
(A) between 4400 and 4940 megahertz, inclusive; and
(B) between 7125 and 8500 megahertz, inclusive.
(2) Other requirements.--In conducting the feasibility
assessment under paragraph (1), the Assistant Secretary shall--
(A) coordinate directly with covered agencies with
respect to frequencies assigned to, and used by, those
agencies in the bands described in paragraph (1) and in
affected adjacent or near adjacent bands; and
(B) conduct each analysis in accordance with
section 113(j) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(j)).
(b) Report to the Commission and Congress.--
(1) In general.--Not later than 30 days after the date on
which the Assistant Secretary completes the feasibility
assessment required under subsection (a)(1), the Assistant
Secretary shall submit to the Commission and Congress a report
regarding that analysis, including an identification of the
frequencies to be reallocated from Federal use to non-Federal
use, and from Federal use to shared Federal and non-Federal
use.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the covered agencies with which the Assistant
Secretary coordinated regarding the frequencies
considered under subsection (a)(1);
(B) the necessary steps to make the bands of
frequencies considered under subsection (a)(1)
available for non-Federal use, shared Federal and non-
Federal use, or a combination thereof, including--
(i) the technical requirements necessary to
make available bands in the frequencies
considered under subsection (a)(1) for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use; and
(ii) an estimate of the cost to covered
agencies to make available bands in the
frequencies considered under subsection (a)(1)
for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use;
(C) an assessment of the likelihood that
authorizing mobile or fixed terrestrial operations in
any of the frequencies considered under subsection
(a)(1) would result in harmful interference to an
affected Federal entity; and
(D) an assessment of the potential impact that
authorizing mobile or fixed terrestrial wireless
operations, including advanced mobile services
operations, in any of the frequencies considered under
subsection (a)(1) could have on the mission of an
affected Federal entity.
(3) Public availability.--The Assistant Secretary shall
make the report submitted under this subsection publicly
available.
(4) Classified information.--To the extent that there is
classified material in the report required to be submitted
under paragraph (1), the Assistant Secretary shall provide the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science and
Transportation of the Senate a briefing on the classified
components of the report submitted under this subsection.
(5) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, law enforcement sensitive information, or other
information reflecting technical, procedural, or policy
concerns subject to protection under section 552 of title 5,
United States Code.
(c) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(3) Covered agency.--The term ``covered agency'' means any
agency with operations in a band of frequencies described in
subsection (a)(1).
TITLE VIII--IMPROVING SPECTRUM MANAGEMENT
SEC. 801. IMPROVING SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Chair.--The term `Chair' means the Chairman of the
Commission.
``(2) Commission.--The term `Commission' means the Federal
Communications Commission.
``(3) Memorandum.--The term `Memorandum' means the
Memorandum of Understanding between the Commission and the NTIA
(relating to increased coordination between Federal spectrum
management agencies to promote the efficient use of the radio
spectrum in the public interest), signed on August 1, 2022, or
any successor memorandum.
``(4) PPSG.--The term `PPSG' means the interagency advisory
body that, as of the date of the enactment of this section, is
known as the Policy and Plans Steering Group.
``(5) Spectrum action.--The term `spectrum action' means
any proposed action by the Commission to reallocate radio
frequency spectrum that is anticipated to result in a system of
competitive bidding conducted under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) or licensing that
could potentially impact the spectrum operations of a Federal
entity.
``(6) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of Commerce for Communications
and Information.
``(b) Federal Coordination Procedures.--
``(1) Notice.--With respect to each spectrum action, the
Assistant Secretary shall file in the public record with
respect to the spectrum action information (redacted as
necessary if the information is protected from disclosure for a
reason described in paragraph (3)) not later than the end of
the period for submitting comments to the Commission in such
proceeding regarding--
``(A) when the Commission provided notice to the
Assistant Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) the Federal entities that may be impacted by
the spectrum action;
``(C) when the Assistant Secretary provided notice
to the Federal entities described in subparagraph (B)
regarding the spectrum action; and
``(D) a summary of the general technical or
procedural concerns of Federal entities with the
spectrum action.
``(2) Final rule.--If the Commission promulgates a final
rule under section 553 of title 5, United States Code,
involving a spectrum action, the Commission shall prepare, make
available to the public, and publish in the Federal Register
along with the final rule an interagency coordination summary
that describes--
``(A) when the Commission provided notice to the
Assistant Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) whether the Assistant Secretary raised
technical, procedural, or policy concerns of Federal
entities regarding the spectrum action; and
``(C) how any concerns described in subparagraph
(B) were resolved.
``(3) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, or other information reflecting technical,
procedural, or policy concerns that are exempt from disclosure
under section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act').
``(c) Federal Spectrum Coordination Responsibilities.--
``(1) In general.--Not later than 180 days after the date
of the enactment of this Act, the Assistant Secretary shall
establish a charter for the PPSG.
``(2) PPSG representative.--
``(A) In general.--The head of each Federal entity
that is reflected in the membership of the PPSG, as
identified in the charter established under paragraph
(1), shall appoint a senior-level employee (or an
individual occupying a Senior Executive Service
position, as defined in section 3132(a) of title 5,
United States Code) who is eligible to receive a
security clearance that allows for access to sensitive
compartmented information to serve as the
representative of the Federal entity to the PPSG.
``(B) Security clearance requirement.--If an
individual appointed under subparagraph (A) is not
eligible to receive a security clearance described in
that subparagraph--
``(i) the appointment shall be invalid; and
``(ii) the head of the Federal entity
making the appointment shall appoint another
individual who satisfies the requirements of
that subparagraph, including the requirement
that the individual is eligible to receive such
a security clearance.
``(3) Duties.--An individual appointed under paragraph (2)
shall--
``(A) oversee the spectrum coordination policies
and procedures of the applicable Federal entity;
``(B) be responsible for timely notification of
technical or procedural concerns of the applicable
Federal entity to the PPSG; and
``(C) work closely with the representative of the
applicable Federal entity to the Interdepartment Radio
Advisory Committee.
``(4) Public contact.--
``(A) In general.--Each Federal entity shall list,
on the website of the Federal entity, the name and
contact information of the representative of the
Federal entity to the PPSG, as appointed under
paragraph (2).
``(B) Ntia responsibility.--The Assistant Secretary
shall publish on the public website of the NTIA a
complete list of the representatives to the PPSG
appointed under paragraph (2).
``(d) Coordination Between Federal Agencies and the NTIA.--
``(1) Updates.--Not later than 3 years after the date of
the enactment of this section, and every 4 years thereafter or
more frequently as appropriate, the Commission and the NTIA
shall update the Memorandum.
``(2) Nature of update.--In updating the Memorandum as
required in paragraph (1), such updates shall reflect changing
technological, procedural, and policy circumstances as
determined are necessary and appropriate by the Commission and
NTIA.''.
TITLE IX--MINORITY SERVING INSTITUTIONS PROGRAM
SEC. 901. DEFINITIONS.
In this title:
(1) Broadband.--The term ``broadband'' means broadband--
(A) having--
(i) a speed of not less than--
(I) 100 megabits per second for
downloads; and
(II) 20 megabits per second for
uploads; and
(ii) a latency sufficient to support
reasonably foreseeable, real-time, interactive
applications; and
(B) with respect to an eligible community, offered
with a low-cost option that is affordable to low- and
middle-income residents of the eligible community,
including through the Affordable Connectivity Program
established under section 904(b) of division N of the
Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(b)) or any successor program, and a low-cost
program available through a provider.
(2) Covered planning grant.--The term ``covered planning
grant'' means funding made available to an eligible applicant
for the purpose of developing or carrying out a local broadband
plan from--
(A) an administering entity through a subgrant
under section 60304(c)(3)(E) of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1723(c)(3)(E)); or
(B) an eligible entity--
(i) carrying out pre-deployment planning
activities under subparagraph (A) of section
60102(d)(2) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1702(d)(2)) or carrying
out the administration of the grant under
subparagraph (B) of such section; or
(ii) carrying out planning activities under
section 60102(e)(1)(C)(iii) of the
Infrastructure Investment and Jobs Act (47
U.S.C. 1702(e)(1)(C)(iii)).
(3) Digital equity.--The term ``digital equity'' has the
meaning given the term in section 60302 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1721).
(4) Eligible applicant.--The term ``eligible applicant''
means an organization that does not receive a covered planning
grant and--
(A) is described in section 501(c)(3) of the
Internal Revenue Code of 1986 and is exempt from
taxation under section 501(a) of that Code;
(B) has a mission that is aligned with advancing
digital equity;
(C) has relevant experience and expertise
supporting eligible community anchor institutions to
engage in the planning for the expansion and adoption
of reliable and affordable broadband and deployment of
broadband, and the advancement of digital equity--
(i) on campus at such institutions; and
(ii) to low-income residents in eligible
communities with respect to those institutions;
and
(D) employs staff with expertise in the development
of broadband plans, the construction of internet
infrastructure, or the design and delivery of digital
equity programs, including through the use of
contractors and consultants, except that the employment
of such staff does not rely solely on outsourced
contracts.
(5) Eligible community.--The term ``eligible community''
means a community that--
(A) is located--
(i) within a census tract any portion of
which is not more than 15 miles from an
eligible community anchor institution; and
(ii) with respect to a Tribal College or
University located on land held in trust by the
United States--
(I) not more than 15 miles from the
Tribal College or University; or
(II) within a maximum distance
established by the Assistant Secretary,
in consultation with the Secretary of
the Interior, to ensure that the area
is statistically comparable to other
areas described in clause (i); and
(B) has an estimated median annual household income
of not more than 250 percent of the poverty line, as
defined in section 673 of the Community Services Block
Grant Act (42 U.S.C. 9902).
(6) Eligible community anchor institution.--The term
``eligible community anchor institution'' means a historically
Black college or university, a Tribal College or University, or
a Minority-serving institution.
(7) Eligible entity.--The term ``eligible entity'' has the
meaning given such term in section 60102 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1702).
(8) Historically black college or university; tribal
college or university; minority-serving institution.--The terms
``historically Black college or university'', ``Tribal College
or University'', and ``Minority-serving institution'' have the
meanings given those terms in section 902(a) of title IX of
division N of the Consolidated Appropriations Act, 2021 (47
U.S.C. 1306(a)), and include an established fiduciary of such
educational institution, such as an affiliated foundation, or a
district or State system affiliated with such educational
institution.
(9) Improper payment.--The term ``improper payment'' has
the meaning given such term in section 3351 of title 31, United
States Code.
(10) Local broadband plan.--The term ``local broadband
plan'' means a plan developed pursuant to section 902(c).
(11) Program.--The term ``program'' means the pilot program
established under section 902(a).
(12) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
SEC. 902. PROGRAM.
(a) Establishment.--The Assistant Secretary, acting through the
head of the Office of Minority Broadband Initiatives, shall use the
amounts made available under section 602(e) of this Act to establish
within the National Telecommunications and Information Administration a
program for the purposes described in subsection (c), provided that not
more than 6 percent of the amounts used to establish the program may be
used for salary, expenses, administration, and oversight with respect
to the program.
(b) Authority.--The Assistant Secretary may use funding mechanisms,
including grants, cooperative agreements, and contracts, for the
effective implementation of the program.
(c) Purposes.--Funding made available under the program shall
enable an eligible applicant to work with an eligible community anchor
institution, and each eligible community with respect to the eligible
community anchor institution, to develop a local broadband plan to--
(1) identify barriers to broadband deployment and adoption
in order to expand the availability and adoption of broadband
at the eligible community anchor institution and within each
such eligible community;
(2) advance digital equity at the eligible community anchor
institution and within each such eligible community; and
(3) help each such eligible community to prepare
applications for funding from multiple sources, including
from--
(A) the various programs authorized under the
Infrastructure Investment and Jobs Act (Public Law 117-
58; 135 Stat. 429); and
(B) other Federal, State, and Tribal sources of
funding for broadband deployment, affordable broadband
internet service, or digital equity.
(d) Contents of Local Broadband Plan.--A local broadband plan
shall--
(1) be developed in coordination with stakeholder
representatives; and
(2) with respect to support for infrastructure funding--
(A) reflect an approach that is performance-based
and does not favor any particular technology, provider,
or type of provider; and
(B) include--
(i) a description of the demographic
profile of each applicable eligible community;
(ii) an assessment of the needs of each
applicable eligible community, including with
respect to digital literacy, workforce
development, and device access needs;
(iii) a summary of current (as of the date
of the most current data published by the
Federal Communications Commission) service
providers operating in each applicable eligible
community and the broadband offerings and
related services in each applicable eligible
community;
(iv) an estimate of capital and operational
expenditures for the course of action
recommended in the local broadband plan;
(v) a preliminary implementation schedule
for the deployment of broadband required under
the local broadband plan; and
(vi) a summary of the potential employment,
development, and revenue creation opportunities
for the eligible community anchor institution
and each applicable eligible community.
(e) Application.--
(1) In general.--To be eligible to receive funding under
the program, an eligible applicant shall submit to the
Assistant Secretary, acting through the head of the Office of
Minority Broadband Initiatives, an application containing--
(A) the name and mailing address of the eligible
applicant;
(B) the name and email address of the point of
contact for the eligible applicant;
(C) documentation providing evidence that the
applicant is an eligible applicant;
(D) a summary description of the proposed approach
that the eligible applicant will take to expand the
availability and adoption of broadband;
(E) an outline or sample of the proposed local
broadband plan with respect to the funds;
(F) a draft proposal for carrying out the local
broadband plan with respect to the funds, describing
with specificity how funds will be used;
(G) a summary of past performance in which the
eligible applicant created plans similar to the local
broadband plan for communities similar to each
applicable eligible community;
(H) a description of the approach the eligible
applicant will take to engage each applicable eligible
community and the applicable eligible community anchor
institution and report outcomes relating to that
engagement;
(I) a description of how the eligible applicant
will meet the short-term and long-term goals described
in subsection (h)(2)(A); and
(J) a certification that the applicant is not a
recipient of a covered planning grant.
(2) Deadlines.--The Assistant Secretary, acting through the
head of the Office of Minority Broadband Initiatives, shall
publish a notice for the program not later than 60 days after
the date of the enactment of this Act.
(f) Selection Criteria.--When selecting an eligible applicant to
receive funding under the program, the Assistant Secretary may give
preference or priority to an eligible applicant, the application of
which, if awarded, would enable a greater number of eligible
communities to be served.
(g) Report.--
(1) In general.--Not later than 540 days after the date of
the enactment of this Act, the Assistant Secretary, acting
through the head of the Office of Minority Broadband
Initiatives, 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,
which the Assistant Secretary, acting through the head of the
Office of Minority Broadband Initiatives, shall make available
to the public.
(2) Contents.--The report described in paragraph (1) shall
include, for the period covered by the report--
(A) the number of eligible applicants that
submitted applications under the program;
(B) the number of eligible applicants that received
funding under the program;
(C) a summary of the funding amounts made available
to eligible applicants under the program and the list
of eligible community anchor institutions the eligible
applicants propose to serve;
(D) the number of eligible communities that
ultimately received funding or financing to promote
broadband adoption and to deploy broadband in the
eligible community under the program;
(E) information determined necessary by the
Assistant Secretary to measure progress toward the
goals described in subsection (h)(2)(A) and assess
whether the goals described in such subsection are
being met; and
(F) an identification of each eligible applicant
that received funds through the program and a
description of the progress each eligible applicant has
made toward accomplishing the purpose of the program,
as described in subsection (c).
(h) Public Notice; Requirements.--
(1) Public notice.--Not later than 90 days after the date
on which the Assistant Secretary provides public notice of the
program, the Assistant Secretary, in consultation with the head
of the Office of Minority Broadband Initiatives, shall issue
the Notice of Funding Opportunity governing the program.
(2) Requirements.--In the notice required under paragraph
(1), the Assistant Secretary shall--
(A) establish short-term and long-term goals for
eligible applicants that receive funds under the
program;
(B) establish performance metrics by which to
evaluate whether an entity has met the goals described
in subparagraph (A); and
(C) identify the selection criteria described in
subsection (f) that the Assistant Secretary will use to
award funds under the program if demand for funds under
the program exceeds the amount appropriated for
carrying out the program.
(i) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce (referred to in this subsection as the ``Inspector
General'') shall conduct an audit of the program in order to--
(A) ensure that eligible applicants use funds
awarded under the program in accordance with--
(i) the requirements of this title; and
(ii) the purposes of the program, as
described in subsection (c); and
(B) prevent waste, fraud, abuse, and improper
payments.
(2) Revocation of funds.--The Assistant Secretary shall
revoke funds awarded to an eligible applicant that is not in
compliance with the requirements of this section or the
purposes of the program, as described in subsection (c).
(3) Audit findings.--Each finding of waste, fraud, abuse,
or an improper payment by the Inspector General in an audit
under paragraph (1) shall include the following:
(A) The name of the eligible applicant.
(B) The amount of funding made available under the
program to the eligible applicant.
(C) The amount of funding determined to be an
improper payment made to an eligible applicant involved
in the waste, fraud, abuse, or improper payment.
(4) Notification of audit findings.--Not later than 7 days
after the date of a finding described under paragraph (3), the
Inspector General shall concurrently notify the Assistant
Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives of the information
described in that paragraph.
(5) Fraud risk management.--In issuing rules under this
subsection, the Assistant Secretary shall--
(A) designate an entity within the program office
to lead fraud risk management activities;
(B) ensure the entity designated under subparagraph
(A) has defined responsibilities and the necessary
authority to serve its role;
(C) conduct risk-based monitoring and evaluation of
fraud risk management activities with a focus on
outcome measurement;
(D) collect and analyze data from reporting
mechanisms and instances of detected fraud for real-
time monitoring of fraud trends;
(E) use the results of the monitoring, evaluations,
and investigations to improve fraud prevention,
detection, and response;
(F) plan regular fraud risk assessments and assess
risks to determine a fraud risk profile;
(G) develop, document, and communicate an anti-
fraud strategy, focusing on preventative control
activities;
(H) consider the benefits and costs of controls to
prevent and detect potential fraud, and develop a fraud
response plan; and
(I) establish collaborative relationships with
stakeholders and create incentives to help ensure
effective implementation of the anti-fraud strategy
described in subparagraph (G).
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