[Congressional Record Volume 168, Number 198 (Tuesday, December 20, 2022)]
[Senate]
[Pages S9666-S9677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6585. Ms. CANTWELL (for herself, Mr. Lujan, Mr. Schatz, Ms.
Klobuchar, and Mr. Hickenlooper) submitted an amendment intended to be
proposed by her to the bill H.R. 2617, to amend section 1115 of title
31, United States Code, to amend the description of how performance
goals are achieved, and for other purposes; which was ordered to lie on
the table; as follows:
At the end, add the following:
DIVISION KK--COMMUNICATIONS AND TECHNOLOGY
SEC. 1. SHORT TITLE.
This division may be cited as the ``Spectrum Auction
Reauthorization Act of 2022''.
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) Under secretary.--The term `Under Secretary' means
the Under 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 December 23,
2022''; 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 enactment of this clause, 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 December 23, 2022. The Secretary of Commerce, acting
through the Under 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 Under 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 Under 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 Under 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 Under
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
``September 30, 2025,'' and all that follows and inserting
``September 30, 2026, and 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
[[Page S9667]]
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 Under 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 Under 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 Under Secretary With Respect to Next
Generation 9-1-1.--
``(1) In general.--The Under 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, 2023, and
each year thereafter until funds made available to make
grants under subsection (c) are no longer available to be
expended, the Under Secretary shall submit to Congress a
report on the activities conducted by the Under Secretary
under paragraph (1) in the year preceding the submission of
the report.
``(3) Assistance.--The Under Secretary may seek the
assistance of the Administrator in carrying out the duties
described in subparagraphs (A) through (D) of paragraph (1)
as the Under Secretary determines necessary.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--The Under 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 Under
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 Under 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 Under 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 Under 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 Under 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 Under Secretary, after consulting with the
Administrator, shall require an eligible entity to submit to
the Under Secretary an application, at the time and in the
manner determined by the Under 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 Under 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
[[Page S9668]]
be financed by a grant under this subsection; and
``(ii) specifically permit regional or multi-State
applications for funds.
``(C) Updates.--The Under Secretary shall update such rules
as necessary.
``(5) Grant certifications.--Each eligible entity shall
certify to the Under 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 Under 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 Under 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 provider.--The term `emergency
response provider' 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)).
[[Page S9669]]
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Under 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 Under 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 Under Secretary--
``(A) with respect to carrying out the duties and
responsibilities of the Under Secretary in issuing the
regulations required under section 159(c);
``(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 Under 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 Under Secretary shall
appoint a rank and file member from each of the public safety
disciplines listed in clauses (i) through (iv) of
subparagraph (A) 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 Under
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 Under
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 Under Secretary only upon
request of the Under 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 Under 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 Under 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 December 31, 2022, 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 Under 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 Under 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 Under 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 Under 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 December 16, 2023, and
annually thereafter, the Under 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.
[[Page S9670]]
``(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--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 501. EXTENSION OF FCC AUCTION AUTHORITY.
(a) Supersession of Short Extension.--Section 901 of
division O of this Act shall have no force or effect.
(b) Extension.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``December 23, 2022'' and inserting ``December 31, 2025''.
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 division,
that commences during the period beginning on December 23,
2022, 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 division,
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 division.
(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 division.
(3) Any remaining proceeds after carrying out paragraphs
(1) and (2) shall be deposited in accordance with section 602
of this division.
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 (E) 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 system of competitive bidding is a covered
auction or 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
$23,280,000,000 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 section (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
Under 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 division, 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
Under 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) 5 percent of such amounts, but no more than
$200,000,000 cumulatively, shall be made available to the
Under Secretary of Commerce for Communications and
Information to carry out the Telecommunications Workforce
Training Grant Program created under title XII of this
division.
(E) 5 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 section (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 Under 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 XI of this division,
provided that the Under 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).
[[Page S9671]]
TITLE VII--CREATION OF A SPECTRUM PIPELINE
SEC. 701. CREATION OF A SPECTRUM PIPELINE.
(a) Feasibility Assessment.--
(1) In general.--The Under 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 Under 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 Under Secretary completes the feasibility
assessment required under subsection (a)(1), the Under
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 Under 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) could have on the
mission of an affected Federal entity.
(3) Public availability.--The Under 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 subsection (b)(1), 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) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.
TITLE VIII--IMPROVING SPECTRUM MANAGEMENT
SEC. 801. IMPROVING SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act 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
National Telecommunications and Information Administration
(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) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.
``(b) Federal Coordination Procedures.--
``(1) Notice.--With respect to each spectrum action, the
Under 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 Under
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 Under 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 Under
Secretary regarding the spectrum action, as required under
the Memorandum;
``(B) whether the Under 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 after the date of the
enactment of this Act, the Under 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 Under 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 from 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.''.
[[Page S9672]]
TITLE IX--SPECTRUM RELOCATION FUND MODERNIZATION
SEC. 901. SPECTRUM RELOCATION FUND MODERNIZATION.
(a) Congressional Notification Timelines.--Section 118 of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928) is amended--
(1) in subsection (d)(2)--
(A) in subparagraph (C), by striking ``30 days'' and
inserting ``15 days''; and
(B) in the matter following subparagraph (C), by striking
``30 days'' and inserting ``15 days'';
(2) in subsection (f)(2)(B)(iv), by striking ``30 days''
and inserting ``15 days''; and
(3) in subsection (g)(2)(D)(ii), by striking ``60 days''
and inserting ``15 days''.
(b) Comparable Capability.--Section 113(g)(3) of the
National Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(3)) is amended--
(1) in subparagraph (A)--
(A) in clause (iv), by striking ``; and'' and inserting a
semicolon;
(B) in clause (v), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(vi) the costs associated with replacing systems and
equipment with state-of-the-art systems and equipment,
including systems and equipment with additional functions,
only if the state-of-the-art systems and equipment allow for
the reallocation of significantly more valuable spectrum
frequencies from Federal use to exclusive non-Federal use or
to shared Federal and non-Federal use than would be
reallocated if systems and equipment were replaced with
comparable systems and equipment or systems and equipment
with incidental increases in functionality, provided the
costs would not jeopardize the ability of the Under
Secretary, in consultation with the Chair of the Commission,
to reallocate eligible spectrum frequencies from Federal use
to exclusive non-Federal use or to shared use.''; and
(2) in subparagraph (B)(ii), by striking ``incidental''.
(c) Technical Panel.--Section 113(h) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(h)) is amended--
(1) in paragraph (3)--
(A) in subparagraph (B)(i)--
(i) in the clause heading, by striking ``number and
appointment'' and inserting ``number, appointment, and
role'';
(ii) in subclause (I), by inserting before the period at
the end the following: ``, including to focus on how the
plans and timelines of the Federal entity for using funds
received from the Spectrum Relocation Fund impact the
balances of the Spectrum Relocation Fund'';
(iii) in subclause (II), by inserting before the period at
the end the following: ``, including to focus on the
feasibility of the steps to be taken by the Federal entity to
relocate its spectrum use or to transition to shared spectrum
use''; and
(iv) in subclause (III), by inserting before the period at
the end the following: ``, including to focus on the level of
demand for the eligible frequencies to be auctioned''; and
(B) by adding at the end the following:
``(F) Criteria and transparency.--
``(i) In general.--Not later than June 30, 2023, the NTIA
shall, after public notice and comment and subject to
approval by the Director of OMB, in coordination with the
Chair of the Commission, develop a framework by which the
Technical Panel shall evaluate the sufficiency of the plan of
a Federal entity and the reasonableness of the proposed
timelines and estimated costs in that plan.
``(ii) Publication.--Not later than 15 days after the NTIA
adopts the regulations required under clause (i), the NTIA
shall publish the framework developed under clause (i) on the
website of the NTIA.''; and
(2) in paragraph (4)--
(A) in subparagraph (A)--
(i) by inserting ``written'' before ``report''; and
(ii) by striking ``paragraph (2)'' and all that follows
through the period at the end and inserting the following:
``the framework under paragraph (3) and an assessment of
whether the plan meets the criteria established in the
framework under paragraph (3) for the reasonableness of the
proposed timelines and estimated costs.'';
(B) in subparagraph (B), by striking ``90'' and inserting
``60''; and
(C) by adding at the end the following:
``(C) Transparency and notification.--If the Technical
Panel finds that a plan submitted under paragraph (1) is
insufficient, not later than 15 days after the finding of
insufficiency, the NTIA shall submit to Congress a
notification, which shall include the criteria established in
the framework under paragraph (3) the Technical Panel
determined that the plan did not meet.''.
(d) Research Funds for Transition Plans.--Section 118(g)(2)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 928(g)(2)) is
amended--
(1) in subparagraph (C), by striking ``that--'' and all
that follows through the period at the end and inserting
``that are assigned to a Federal entity.''; and
(2) in subparagraph (E)(ii)(I)(bb), by striking ``and'' and
inserting ``or''.
(e) Study of Payments for Research and Development.--The
Comptroller General of the United States shall issue a report
to Congress--
(1) reviewing the use of the Spectrum Relocation Fund
established under section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) by Federal entities for
research and development, engineering studies, economic
analyses, activities with respect to systems, or other
planning activities intended to improve the efficiency and
effectiveness of the spectrum use of Federal entities in
order to make available frequencies for exclusive non-Federal
use; and
(2) that considers if changes are necessary to encourage
Federal entities to access funds in the Spectrum Relocation
Fund for the purpose described in paragraph (1), and whether
the National Telecommunications and Information
Administration should be able to access funds in the Spectrum
Relocation Fund for research and development, to lead
spectrum studies, and to provide oversight of SRF-funded
activities.
(f) Rule of Construction.--None of the amendments made by
this section shall apply to the relocation of Federal
entities in connection with the auction required under
section 1004 of the Spectrum Pipeline Act of 2015 (Public Law
114-74; 129 Stat. 621; 47 U.S.C. 921 note) or the auction
required under section 90008(b) of the Infrastructure
Investment and Jobs Act (Public Law 117-58; 135 Stat. 1348;
47 U.S.C. 921 note), as amended by this division.
TITLE X--NTIA REAUTHORIZATION
SEC. 1001. AUTHORIZATION OF APPROPRIATIONS.
Section 151 of the National Telecommunications and
Information Administration Organization Act is amended--
(1) by striking ``1992 and'' and inserting ``1992,''; and
(2) by inserting ``and $62,000,000 for fiscal year 2023,''
after ``1993,''.
SEC. 1002. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND
INFORMATION.
(a) In General.--Section 103(a)(2) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 902(a)(2)) is amended by striking
``Assistant Secretary of Commerce for Communications and
Information'' and inserting ``Under Secretary of Commerce for
Communications and Information''.
(b) Pay.--Subchapter II of chapter 53 of title 5, United
States Code, is amended--
(1) in section 5314, by striking ``and Under Secretary of
Commerce for Minority Business Development'' and inserting
``Under Secretary of Commerce for Minority Business
Development, and Under Secretary of Commerce for
Communications and Information''; and
(2) in section 5315, by striking ``(11)'' after ``Assistant
Secretaries of Commerce'' and inserting ``(10)''.
(c) Deputy Under Secretary.--
(1) In general.--Section 103(a) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 902(a)), as amended by subsection
(a) of this section, is amended by adding at the end the
following:
``(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information shall--
``(A) be the principal policy advisor of the Under
Secretary;
``(B) perform such other functions as the Under Secretary
shall from time to time assign or delegate; and
``(C) act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a
vacancy in the office of the Under Secretary.''.
(2) Technical and conforming amendment.--Section 106(c) of
the Public Telecommunications Financing Act of 1978 (5 U.S.C.
5316 note; Public Law 95-567) is amended by striking ``The
position of Deputy Assistant Secretary of Commerce for
Communications and Information, established in Department of
Commerce Organization Order Numbered 10-10 (effective March
26, 1978),'' and inserting ``The position of Deputy Under
Secretary of Commerce for Communications and Information,
established under section 103(a) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 902(a)),''.
(d) Technical and Conforming Amendments.--
(1) Communications act of 1934.--Section 344(d)(2) of the
Communications Act of 1934 (as added by section 60602(a) of
the Infrastructure Investment and Jobs Act (Public Law 117-
58)) is amended by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
(2) National telecommunications and information
administration organization act.--The National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.
(3) Homeland security act of 2002.--Section 1805(d)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is
amended by striking ``Assistant Secretary for Communications
and Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''.
(4) Agriculture improvement act of 2018.--Section 6212 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is
amended--
[[Page S9673]]
(A) in subsection (d)(1), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(B) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(5) REAL id act of 2005.--Section 303 of the REAL ID Act of
2005 (8 U.S.C. 1721 note; Public Law 109-13) is repealed.
(6) Broadband data improvement act.--Section 214 of the
Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
(A) in subsection (a), in the matter preceding paragraph
(1), by striking ``Assistant Secretary'' and inserting
``Under Secretary'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection (b).
(7) Electronic signatures in global and national commerce
act.--Section 103(c) of the Electronic Signatures in Global
and National Commerce Act (15 U.S.C. 7003(c)) is amended--
(A) by striking ``Exceptions'' and all that follows through
``Determinations.--If'' and inserting ``Exceptions.--If'';
and
(B) by striking ``such exceptions'' and inserting ``of the
exceptions in subsections (a) and (b)''.
(8) Title 17, united states code.--Section 1201 of title
17, United States Code, is amended--
(A) in subsection (a)(1)(C), in the matter preceding clause
(i), by striking ``Assistant Secretary for Communications and
Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''; and
(B) in subsection (g), by striking paragraph (5).
(9) Unlocking consumer choice and wireless competition
act.--Section 2(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law
113-144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of
Commerce'' and inserting ``Under Secretary of Commerce for
Communications and Information''.
(10) Implementing recommendations of the 9/11 commission
act of 2007.--Section 2201(d) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C.
247d-3a note; Public Law 110-53) is repealed.
(11) Communications satellite act of 1962.--Section
625(a)(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d(a)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.
(12) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-
74) is amended--
(A) in section 1002(1), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(B) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(13) Warning, alert, and response network act.--Section 606
of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) in subsection (b), in the first sentence, by striking
``Assistant Secretary of Commerce for7Communications and
Information'' and inserting ``Under Secretary of Commerce for
Communications and Information''; and
(B) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(14) American recovery and reinvestment act of 2009.--
Section 6001 of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(15) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in section 6001 (47 U.S.C. 1401)--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5) through (31) as
paragraphs (4) through (30), respectively; and
(iii) by inserting after paragraph (30), as so
redesignated, the following:
``(31) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.'';
(B) in subtitle D (47 U.S.C. 1451 et seq.)--
(i) in section 6406 (47 U.S.C. 1453)--
(I) by striking subsections (b) and (c); and
(II) by inserting after subsection (a) the following:
``(b) Definition.--In this section, the term `5350-5470 MHz
band' means the portion of the electromagnetic spectrum
between the frequencies from 5350 megahertz to 5470
megahertz.''; and
(ii) by striking section 6408; and
(C) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(16) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended
by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(17) Secure and trusted communications networks act of
2019.--Section 8 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection (c)(1), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(B) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(18) Title 51, united states code.--Section 50112(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(19) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended--
(A) in title IX of division N--
(i) in section 902(a)(2), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
(ii) in section 905--
(I) in subsection (a)(1), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
(II) in subsection (c)(3)(B), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(III) in subsection (d)(2)(B), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(iii) by striking ``Assistant Secretary'' each place the
term appears and inserting ``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading, by striking
``assistant secretary'' and inserting ``under secretary'';
and
(ii) by striking ``Assistant Secretary'' each place the
term appears and inserting ``Under Secretary''.
(20) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in section 27003, by striking ``Assistant Secretary''
each place the term appears and inserting ``Under
Secretary'';
(B) in division F--
(i) in section 60102--
(I) in subsection (a)(2)(A), by striking ``assistant
secretary'' and inserting ``under secretary'';
(II) in subsection (d)(1), by striking ``assistant
secretary'' and inserting ``under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B), by striking ``assistant
secretary'' and inserting ``under secretary''; and
(bb) in paragraph (5)(B)(iii), by striking ``assistant
secretary'' and inserting ``under secretary'';
(ii) in title III--
(I) in section 60302(5), by striking ``assistant
secretary'' and inserting ``under secretary''; and
(II) in section 60305(d)(2)(B)(ii), by striking ``assistant
secretary'' and inserting ``under secretary'';
(iii) in section 60401(a)(2), by striking ``assistant
secretary'' and inserting ``under secretary''; and
(iv) by striking ``Assistant Secretary'' each place the
term appears and inserting ``Under Secretary'';
(C) in section 90008(b)(3), by striking ``Assistant
Secretary'' and inserting ``Under Secretary''; and
(D) in division J, in title I, in the matter under the
heading ``distance learning, telemedicine, and broadband
program'' under the heading ``Rural Utilities Service'' under
the heading ``RURAL DEVELOPMENT PROGRAMS'', by striking
``Assistant Secretary'' and inserting ``Under Secretary''.
(e) Continuation in Office.--The individual serving as the
Assistant Secretary of Commerce for Communications and
Information and the individual serving as the Deputy
Assistant Secretary of Commerce for Communications and
Information on the day before the date of the enactment of
this Act may serve as the Under Secretary of Commerce for
Communications and Information and the Deputy Under Secretary
of Commerce for Communications and Information, respectively,
on and after that date without the need for renomination or
reappointment.
(f) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to the Assistant
Secretary of Commerce for Communications and Information is
deemed to refer to the Under Secretary of Commerce for
Communications and Information.
(g) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or allowed to
become effective by the Assistant Secretary of Commerce for
Communications and Information, any officer or employee of
the National Telecommunications and Information
Administration, or any other Government official, or by a
court of competent jurisdiction; and
(B) that are in effect on the date of the enactment of this
Act (or become effective after such date pursuant to their
terms as in effect on such date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Assistant Secretary of
Commerce for Communications and Information shall abate by
reason of the enactment of this title.
[[Page S9674]]
(3) Proceedings.--This title shall not affect any
proceedings or any application for any benefits, service,
license, permit, certificate, or financial assistance pending
on the date of the enactment of this Act before the National
Telecommunications and Information Administration, but such
proceedings and applications shall be continued. Orders shall
be issued in such proceedings, appeals shall be taken
therefrom, and payments shall be made pursuant to such
orders, as if this title had not been enacted, and orders
issued in any such proceeding shall continue in effect until
modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this paragraph shall be
considered to prohibit the discontinuance or modification of
any such proceeding under the same terms and conditions and
to the same extent that such proceeding could have been
discontinued or modified if this title had not been enacted.
(4) Suits.--This title shall not affect suits commenced
before the date of the enactment of this Act, and in all such
suits, proceeding shall be had, appeals taken, and judgments
rendered in the same manner and with the same effect as if
this title had not been enacted.
TITLE XI--MINORITY SERVING INSTITUTIONS PROGRAM
SEC. 1101. 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); 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 Act; 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 Under
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 payments.--The term ``improper payments'' has
the meaning given the 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 1102(c).
(11) Program.--The term ``program'' means the pilot program
established under section 1102(a).
(12) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.
SEC. 1102. PROGRAM.
(a) Establishment.--The Under Secretary, acting through the
head of the Office of Minority Broadband Initiatives, shall
use the amounts made available under section 602(e) of this
division 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 Under Secretary may use funding
mechanisms, including grants, cooperative agreements, and
contracts, for the effective implementation of the pilot
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 Under
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;
[[Page S9675]]
(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 Under 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 grant program, the
Under 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 Under 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 Under 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 grant 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 Under 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 Under Secretary provides public notice of the
program, the Under 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 Under 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 eligible entity has met the goals described in
subparagraph (A); and
(C) identify the selection criteria described in subsection
(f) that the Under 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 Under 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 Under
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 Under 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).
TITLE XII--IMPACT ACT
SEC. 1201. SHORT TITLE.
This title may be cited as the ``Improving Minority
Participation And Careers in Telecommunications Act'' or the
``IMPACT Act''.
SEC. 1202. DEFINITIONS.
(a) Definitions.--In this title:
(1) Covered grant.--The term ``covered grant'' means a
grant awarded under section 1203.
(2) Eligible entity.--The term ``eligible entity'' means a
historically Black college or university, Tribal College or
University, or minority-serving institution, or a consortium
of such entities, that forms a partnership with 1 or more of
the following entities to carry out a training program:
(A) A member of the telecommunications industry, such as a
company or industry association.
(B) A labor or labor-management organization with
experience working in the telecommunications industry or a
similar industry.
(C) The Telecommunications Industry Registered
Apprenticeship Program.
(D) A nonprofit organization dedicated to helping
individuals gain employment in the telecommunications
industry.
(E) A community or technical college with experience in
providing workforce development for individuals seeking
employment in the telecommunications industry or a similar
industry.
(F) A Federal agency laboratory specializing in
telecommunications technology that is located within the
National Telecommunications and Information Administration.
(3) Grant program.--The term ``Grant Program'' means the
Telecommunications Workforce Training Grant Program
established under section 1203.
(4) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(5) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given the term in
section 502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
(6) Improper payment.--The term ``improper payment'' has
the meaning given such term in section 2(d) of the Improper
Payments Information Act of 2002 (31 U.S.C. 3321 note).
(7) Industry field activities.--The term ``industry field
activities'' means activities at active telecommunications,
cable, and broadband network worksites, such as towers,
construction sites, and network management hubs.
(8) Industry partner.--The term ``industry partner'' means
an entity described in subparagraphs (A) through (F) of
paragraph (2) with which an eligible entity forms a
partnership to carry out a training program.
(9) Minority-serving institution.--The term ``minority-
serving institution'' means an institution described in
section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
1067q(a)).
(10) Training program.--The term ``training program'' means
a credit or non-credit program developed by an eligible
entity, in partnership with an industry partner, that--
(A) is designed to educate and train students to
participate in the telecommunications workforce; and
(B) includes a curriculum and apprenticeship or internship
opportunities that can also be paired with--
(i) a degree program; or
(ii) stacked credentialing toward a degree.
(11) Tribal college or university.--The term ``Tribal
College or University'' has the
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meaning given the term in section 316(b)(3) of the Higher
Education Act of 1965 (20 U.S.C. 1059c(b)(3)).
(12) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.
SEC. 1203. PROGRAM.
(a) Program.--The Under Secretary, acting through the
Office of Minority Broadband Initiatives established under
section 902(b)(1) of division N of the Consolidated
Appropriations Act, 2021 (Public Law 116-260), shall
establish a program, to be known as the ``Telecommunications
Workforce Training Grant Program'', under which the Under
Secretary awards grants to eligible entities to develop
training programs.
(b) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit an application to the Under Secretary at
such time, in such manner, and containing such information as
the Under Secretary may require.
(2) Contents.--An eligible entity shall include in an
application under paragraph (1)--
(A) a commitment from the industry partner of the eligible
entity to collaborate with the eligible entity to develop a
training program, including curricula and internships or
apprenticeships;
(B) a description of how the eligible entity plans to use
the covered grant, including the type of training program the
eligible entity plans to develop;
(C) a plan for recruitment of students and potential
students to participate in the training program;
(D) a plan to increase female student participation in the
training program of the eligible entity;
(E) a description of potential jobs to be secured through
the training program, including jobs in the communities
surrounding the eligible entity; and
(F) a description of how the eligible entity will meet the
short-term and long-term goals described in subsection (e)(1)
and performance metrics described in such subsection.
(c) Use of Funds.--An eligible entity may use a covered
grant, with respect to the training program of the eligible
entity, to--
(1) hire faculty members to teach courses in the training
program;
(2) train faculty members to prepare students for
employment in jobs related to the deployment of next-
generation wired and wireless communications networks,
including 5G networks, hybrid fiber-coaxial networks, and
fiber infrastructure, particularly in--
(A) broadband and wireless network engineering;
(B) network deployment and maintenance; and
(C) industry field activities.
(3) design and develop curricula and other components
necessary for degrees, courses, or programs of study,
including certificate programs and credentialing programs,
that comprise the training program;
(4) pay for costs associated with instruction under the
training program, including the costs of equipment,
telecommunications training towers, laboratory space,
classroom space, and instructional field activities;
(5) fund scholarships, student internships,
apprenticeships, and pre-apprenticeship opportunities in the
areas described in paragraph (2);
(6) recruit students for the training program; and
(7) support the enrollment in the training program of
individuals working in the telecommunications industry in
order to advance professionally in the industry.
(d) Grant Awards.--
(1) Deadline.--Not later than 2 years after the date on
which amounts are made available, the Under Secretary shall
award all covered grants.
(2) Minimum allocation to certain entities.--The Under
Secretary shall award not less than--
(A) 20 percent of covered grant amounts to historically
Black colleges or universities;
(B) 20 percent of covered grant amounts to Tribal Colleges
or Universities; and
(C) 20 percent of covered grant amounts to Hispanic-serving
institutions.
(3) Evaluation criteria.--As part of the final rules issued
under subsection (e), the Under Secretary shall develop
criteria for evaluating applications for covered grants.
(4) Coordination.--The Under Secretary shall ensure that
grant amounts awarded under paragraph (2) are coordinated
with grant amounts provided under section 902 of division N
of the Consolidated Appropriations Act, 2021 (Public Law 116-
260).
(5) Construction.--In awarding grants under this section
for education relating to construction, the Under Secretary
may prioritize applications that partner with registered
apprenticeship programs, industry-led apprenticeship programs
, pre-apprenticeship programs, other work-based learning
opportunities, or public two-year community or technical
colleges that have a written agreement with one or more
registered apprenticeship programs, industry-led
apprenticeship programs, pre-apprenticeship programs, or
other work-based learning opportunities.
(e) Rules.--
(1) Issuance.--Not later than 180 days after the date of
the enactment of this Act, after providing public notice and
an opportunity to comment, the Under Secretary, in
consultation with the Secretary of Labor and the Secretary of
Education, shall issue final rules governing the Grant
Program.
(2) Content of rules.--In the rules required by this
subsection, the Under Secretary shall--
(A) establish short term and long-term goals for eligible
entities that receive a covered grant;
(B) establish performance metrics that demonstrate whether
the goals described in paragraph (1) have been met by an
eligible entity; and
(C) identify the steps the Under Secretary will take to
award covered grants through the grant program in the event
the demand for covered grants exceed the amount appropriated
for carrying out the grant program.
(f) Term.--The Under Secretary shall establish the term of
a covered grant, which may not be less than 5 years.
(g) Grantee Reports.--During the term of a covered grant
received by an eligible entity, the eligible entity shall
submit to the Under Secretary a semiannual report that, with
respect to the preceding 6-month period--
(1) describes how the eligible entity used the covered
grant amounts;
(2) describes the progress the eligible entity made in
developing and executing the training program of the eligible
entity;
(3) describes the number of faculty and students
participating in the training program of the eligible entity;
(4) describes the partnership with the industry partner of
the eligible entity, including--
(A) the commitments and in-kind contributions made by the
industry partner; and
(B) the role of the industry partner in curriculum
development, the degree program, and internships and
apprenticeships;
(5) includes data on internship, apprenticeship, and
employment opportunities and placements; and
(6) provides information determined necessary by Under
Secretary to--
(A) measure progress toward the goals established under
subsection (e)(2)(A); and
(B) assess whether the goals are being met.
(h) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce shall audit the Grant Program in order to--
(A) ensure that eligible entities use covered grant amounts
in accordance with--
(i) the requirements of this section; and
(ii) the overall purpose of the Grant Program described in
subsection (c); and
(B) prevent waste, fraud, abuse, and improper payments in
the operation of the Grant Program.
(2) Revocation of funds.--The Under Secretary shall revoke
a grant awarded to an eligible entity that is not in
compliance with the requirements of this section or the
overall purpose of the Grant Program described in subsection
(c).
(3) Audit findings.--Any finding of waste, fraud, abuse, or
an improper payment by the Inspector General under paragraph
(1) shall identify he following:
(A) any entity in the eligible entity.
(B) the amount of funding made available from the grant
program to the eligible entity.
(C) the amount of funding determined to be an improper
payment to an eligible entity.
(4) Notification of audit findings.--Not later than 7 days
after making a finding under paragraph (1), the Inspector
General shall concurrently notify the Under Secretary, the
Committee on Energy and Commerce in the House of
Representatives, and the Committee on Commerce, Science, and
Transportation in the Senate of such finding with any
information identified under paragraph (3).
(5) Fraud risk management.--The Under 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 antifraud
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 antifraud strategy.
(i) Annual Report to Congress.--Each year, until all
covered grants have expired, the Under Secretary shall submit
to Congress a report that--
(1) identifies each eligible entity that received a covered
grant and the amount of the covered grant;
(2) describes the progress each eligible entity described
in paragraph (1) has made toward accomplishing the overall
purpose of the Grant Program described in subsection (c);
(3) summarizes the job placement status or apprenticeship
opportunities of students who have participated in the
training program of the eligible entity;
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(4) includes the findings of any audits conducted by the
Inspector General of the Department of Commerce under
subsection (h)(1) that were not included in the previous
report submitted under this subsection; and
(5) includes information on--
(A) the progress of each eligibly entity towards the short-
term and long-term goals established under subsection (e)(1);
and
(B) the performance of each eligible entity with respect to
the performance metrics described in subsection (e)(2).
______