[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).
                                 ______