117 HR 3565 IH: Spectrum Auction Reauthorization Act of 2023
U.S. House of Representatives
2023-05-22
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
I
118th CONGRESS
1st Session
H. R. 3565
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.
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.
I

Spectrum Innovation
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.).
II

Secure and Trusted Communications Networks Reimbursement Program
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”.
III

Next Generation 9–1–1
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:
“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)).
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.
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.”.
IV

Incumbent Informing Capability
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:
“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).
V

Reauthorization of FCC Auction Authority
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”.
VI

Spectrum Auction Trust Fund
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.
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).
VII

Creation of a Spectrum Pipeline
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).
VIII

Improving Spectrum Management
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:
“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.”.
IX

Minority Serving Institutions Program
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.
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).