[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).
                                 <all>