[Congressional Record Volume 170, Number 79 (Tuesday, May 7, 2024)]
[Senate]
[Pages S3538-S3550]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2017. Ms. CANTWELL (for herself and Mr. Lujan) submitted an 
amendment intended to be proposed to amendment SA 1911 proposed by Ms. 
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the 
bill H.R. 3935, to amend title 49, United States Code, to reauthorize 
and improve the Federal Aviation Administration and other civil 
aviation programs, and for other purposes; which was ordered to lie on 
the table; as follows:

        At the appropriate place, insert the following:

               TITLE ___--SPECTRUM AND NATIONAL SECURITY

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Spectrum and National 
     Security Act of 2024''.

     SEC. __02. SENSE OF CONGRESS.

       It is the sense of Congress that--
       (1) electromagnetic spectrum is a scarce, valuable resource 
     that fuels the technological leadership of the United States 
     globally, which supports the national security and critical 
     operations of the United States;

[[Page S3539]]

       (2) because spectrum is a finite and limited resource, the 
     United States must invest in advanced spectrum technologies, 
     such as dynamic spectrum sharing, to make the best use of 
     spectrum to promote private sector innovation, and protect 
     and further the mission of Federal agencies;
       (3) to retain the global technology leadership of the 
     United States, the United States must have an accurate 
     assessment of the current and future demand for spectrum, and 
     the tools to meet that demand;
       (4) ensuring a clear and fair process for Federal agencies 
     to assess how to meet the demand for spectrum and 
     reauthorizing the spectrum auction authority of the 
     Commission will provide the tools described in paragraph (3);
       (5) as agreed to by both the Department of Defense and the 
     National Telecommunications and Information Administration in 
     the National Spectrum Strategy, an assessment of future 
     spectrum demand, the promotion of research and development on 
     dynamic spectrum sharing and other new and emerging spectrum 
     technologies, and support for a workforce to support an 
     advanced spectrum ecosystem are critical for expanding the 
     overall capacity, usability, and efficiency of spectrum to 
     enhance the competitiveness and national security of the 
     United States; and
       (6) a unified, forward-looking domestic spectrum policy is 
     vital for enabling the United States to advocate effectively 
     for its interests on the global stage, including at the 
     International Telecommunication Union, against the competing 
     spectrum policies advanced by foreign adversaries.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (2) Dynamic spectrum sharing.--The term ``dynamic spectrum 
     sharing'' means a technique that enables multiple 
     electromagnetic spectrum users to operate on the same 
     frequencies in the same geographic area without causing 
     harmful interference to other users by using capabilities 
     that can adjust and optimize electromagnetic spectrum usage 
     in real time or near-real time, consistent with defined 
     regulations and policies for a particular spectrum band.
       (3) Spectrum advisory council.--The term ``Spectrum 
     Advisory Council'' has the meaning given the term in section 
     106(a) of the National Telecommunications and Information 
     Administration Organization Act, as added by section __21 of 
     this title.
       (4) Under secretary.--The term ``Under Secretary'' means 
     the Under Secretary of Commerce for Communications and 
     Information, as so designated by the amendment made by 
     section __22(a).

      Subtitle A--Development of Spectrum Maximizing Technologies

     SEC. __11. NATIONAL SPECTRUM RESEARCH AND DEVELOPMENT PLAN.

       (a) Definition.--In this section, the term ``Federal 
     entity'' has the meaning given the term in section 113(l) of 
     the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(l)).
       (b) Dynamic Spectrum Sharing.--
       (1) National testbed.--Not later than 18 months after the 
     date of enactment of this Act, the Under Secretary shall 
     establish, or coordinate with other Federal entities to 
     establish or identify, a national testbed for dynamic 
     spectrum sharing that--
       (A) enables the identification of bands of Federal and non-
     Federal spectrum that can be accessed on a short-term basis 
     for experimentation;
       (B) considers specific areas for testing and measurement to 
     improve future study efforts across spectrum bands, including 
     researching and developing solutions that can be applied 
     across a range of spectrum bands;
       (C) is focused on developing technologically neutral 
     approaches;
       (D) enables Federal entities to work cooperatively with 
     non-Federal entities, including industry entities, academic 
     institutions, and research organizations, to objectively 
     examine new technologies to improve spectrum management; and
       (E) minimizes duplication of effort by synchronizing, to 
     the extent practicable, with other relevant research and 
     engineering activities underway across the Federal Government 
     in areas including artificial intelligence, machine learning, 
     zero-trust networks, data-source management, autonomy and 
     autonomous systems, and advanced radar technologies.
       (2) Funding.--The Under Secretary may use the funding 
     provided under section __62(c)(1)(E) of this Act to establish 
     the national testbed for dynamic spectrum sharing under 
     paragraph (1).
       (c) Research and Development Plan.--The Office of Science 
     and Technology Policy, in coordination with each member 
     agency of the Spectrum Advisory Council, shall develop a 
     National Spectrum Research and Development Plan that--
       (1) identifies the key innovation areas for spectrum 
     research and development, including dynamic spectrum sharing, 
     artificial intelligence and machine learning techniques, and 
     other emerging technologies for improving spectrum efficiency 
     and innovation;
       (2) establishes a process to refine and enhance the 
     innovation areas identified under paragraph (1) on an ongoing 
     basis;
       (3) considers recommendations developed through the 
     collaborative framework established under subsection (d)(1); 
     and
       (4) will encourage Federal entities to conduct spectrum-
     related testing and research in cooperation with the 
     Institute for Telecommunication Sciences of the National 
     Telecommunications and Information Administration.
       (d) Public and Private Sector Collaborative Framework.--
       (1) Establishment.--The Under Secretary, in coordination 
     with the Commission, as appropriate, shall establish a 
     collaborative framework for coordination, technical exchange, 
     and information sharing between Federal entities and non-
     Federal entities for purposes of short-term and long-term 
     spectrum planning and management.
       (2) Requirements.--The collaborative framework established 
     under paragraph (1) shall consider--
       (A) leveraging Federal and non-Federal advisory groups that 
     advise the Federal Government on spectrum planning or 
     management, as appropriate;
       (B) identifying new advisory groups that could be 
     established to aid long-term spectrum planning;
       (C) defining the interactions among the groups described in 
     subparagraphs (A) and (B), including their roles and 
     responsibilities and desired outputs;
       (D) adhering to applicable interagency memoranda of 
     understanding on spectrum planning or management;
       (E) engaging with a variety of stakeholders, including 
     unserved and historically underserved populations, Tribal 
     Nations, and the Native Hawaiian community; and
       (F) establishing a standardized submission process for 
     Federal entities and non-Federal entities to provide 
     information, on an ongoing basis, regarding their current and 
     projected future spectrum needs.
       (3) Evidence-based spectrum decision-making.--The Under 
     Secretary shall use the collaborative framework established 
     under paragraph (1) to develop best practices for conducting 
     technical and economic analyses that are--
       (A) data-driven;
       (B) science-based;
       (C) peer-reviewed; and
       (D) publicly available in an easily accessible electronic 
     format, to the extent practicable, with appropriate 
     redactions for 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'').
       (e) Promotion of Advanced Spectrum-sharing Technologies.--
     The Under Secretary shall help promote the development of 
     advanced spectrum-sharing technologies, including dynamic 
     spectrum sharing, by identifying, in coordination with the 
     Commission--
       (1) incentives for non-Federal development and use of such 
     technologies; and
       (2) mechanisms to incentivize non-Federal users to adopt 
     such technologies.

         Subtitle B--Exerting United States Spectrum Leadership

     SEC. __21. EMPOWERING FEDERAL AGENCIES IN THE MANAGEMENT OF 
                   THEIR SPECTRUM.

       Part A of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 901 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.

       ``(a) Definitions.--In this section:
       ``(1) Chair.--The term `Chair' means the Chair 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) Spectrum action.--The term `spectrum action' means 
     any proposed action by the Commission to reallocate radio 
     frequency spectrum that--
       ``(A) is anticipated to result in--
       ``(i) a system of competitive bidding conducted under 
     section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)); or
       ``(ii) some other form of licensing; and
       ``(B) could potentially impact the spectrum operations of a 
     Federal entity.
       ``(5) Spectrum advisory council.--The term `Spectrum 
     Advisory Council' means the interagency advisory body 
     established under the memorandum of the President entitled 
     `Memorandum on Modernizing United States Spectrum Policy and 
     Establishing a National Spectrum Strategy', issued on 
     November 13, 2023, or any successor interagency advisory 
     body.
       ``(b) Federal Coordination Procedures.--
       ``(1) Responsibilities of ntia.--The Under Secretary 
     shall--
       ``(A) ensure, in coordination with the Spectrum Advisory 
     Council and, as appropriate, the Interdepartment Radio 
     Advisory Committee, that the views of the executive branch on 
     spectrum matters are properly--
       ``(i) developed;
       ``(ii) documented; and
       ``(iii) presented, as necessary, to the Commission and, as 
     appropriate and in coordination with the Director of the 
     Office of Management and Budget, to Congress, as required by 
     sections 102(b)(6) and 103(b)(2)(J);

[[Page S3540]]

       ``(B) adhere to the terms of the Memorandum;
       ``(C) solicit views of affected Federal entities and 
     provide those Federal entities with sufficient time and 
     procedures to present their views and supporting technical 
     information to the NTIA;
       ``(D) provide affected Federal entities with timely written 
     feedback explaining why and how their views will be taken 
     into account in the position that the NTIA communicates to 
     the Commission;
       ``(E) facilitate the presentation by affected Federal 
     entities of classified or otherwise sensitive views to the 
     Commission;
       ``(F) develop the position of the executive branch on 
     issues related to spectrum, including any supporting 
     technical and operational information to facilitate decision-
     making by the Commission;
       ``(G) provide the position described in subparagraph (F) to 
     the Commission; and
       ``(H) provide the position described in subparagraph (F) 
     within the applicable timelines established by the Commission 
     or, as needed, request additional time from the Commission.
       ``(2) Process for addressing non-consensus views.--If a 
     Federal entity and the Under Secretary are unable to reach 
     consensus on the views concerning Federal spectrum matters to 
     be presented to the Commission, the Under Secretary shall--
       ``(A) notify the Commission of the lack of consensus and 
     the anticipated next steps and timing to resolve the dispute;
       ``(B) request the joint assistance of the Secretary and the 
     head of the Federal entity objecting to the proposed 
     submission to the Commission to find a mutually agreeable 
     resolution; and
       ``(C) keep the Commission informed, as appropriate, 
     regarding anticipated next steps and the timing of 
     resolution.
       ``(3) Secondary process for addressing non-consensus.--If a 
     Federal entity and the Under Secretary are unable to reach a 
     mutually agreeable resolution under the process under 
     paragraph (2)--
       ``(A) not later than 90 days after completing the process, 
     the Under Secretary or the Federal entity may submit the 
     dispute to the Assistant to the President for National 
     Security Affairs and the Assistant to the President for 
     Economic Policy;
       ``(B) the Assistant to the President for National Security 
     Affairs and the Assistant to the President for Economic 
     Policy, in consultation with the Director of the Office of 
     Science and Technology Policy and, if appropriate, the 
     National Space Council, shall resolve the dispute through the 
     interagency process described in the national security 
     memorandum of the President entitled `Memorandum on Renewing 
     the National Security Council System', issued on February 4, 
     2021; and
       ``(C) the Under Secretary shall advise the Commission on 
     the executive branch position following the adjudication and 
     decision under the process described in this paragraph.
       ``(4) Post-commission action procedures.--If the Commission 
     takes a spectrum action to make spectrum available for non-
     Federal use and an affected Federal entity has knowledge, 
     unforeseen before the Commission took the spectrum action, 
     that the non-Federal use is causing or potentially will cause 
     harmful interference to existing Federal operations or non-
     Federal operations that are regulated by the Federal entity--
       ``(A) not later than 45 days after the date on which the 
     affected Federal entity learns of the unforeseen risk of 
     harmful interference, the Federal entity may formally request 
     that the Under Secretary address the issue with the 
     Commission for an appropriate remedy, which request shall--
       ``(i) clearly indicate the manner in which the public 
     interest will be implicated or harmed or in which the mission 
     of the Federal entity will be adversely affected;
       ``(ii) present evidence to the Under Secretary that the 
     non-Federal use is causing or potentially will cause harmful 
     interference or potential harm to the public interest, 
     including any technical or scientific data that supports that 
     position; and
       ``(iii) explain why the Federal entity cannot take steps to 
     ensure mission continuity that are consistent with the 
     spectrum action of the Commission;
       ``(B) if the Under Secretary believes that the affected 
     Federal entity has produced sufficient evidence under 
     subparagraph (A) that the non-Federal use will risk harmful 
     interference that cannot be reasonably mitigated without 
     Commission action, the Under Secretary, not later than 60 
     days after receiving the request from the Federal entity, 
     shall address the Commission under established processes 
     under the Memorandum and, as applicable, the Practice and 
     Procedure of the Commission under part 1 of title 47, Code of 
     Federal Regulations, or any successor regulations, for 
     seeking appropriate relief; and
       ``(C) if the Under Secretary concludes that there is not 
     sufficient evidence to seek relief from the Commission, the 
     affected Federal entity may follow the processes established 
     under paragraphs (2) and (3) of this subsection.
       ``(5) 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 90 days after the date of 
     enactment of this section, the Under Secretary shall 
     establish a charter for the Spectrum Advisory Council.
       ``(2) Spectrum advisory council representative.--
       ``(A) In general.--The head of each Federal entity that is 
     reflected in the membership of the Spectrum Advisory Council, 
     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 Spectrum Advisory 
     Council.
       ``(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 Spectrum Advisory Council;
       ``(C) work closely with the representative of the 
     applicable Federal entity to the Interdepartment Radio 
     Advisory Committee;
       ``(D) respond to a request from the NTIA for, and to the 
     extent feasible, share with the NTIA, any technical and 
     operational information needed to facilitate spectrum 
     coordination not later than--
       ``(i) the applicable reasonable deadline established by the 
     NTIA, at the discretion of the NTIA, pursuant to section 
     IV(3) of the Memorandum, or any successor provision; or
       ``(ii) 45 days after the date of the request, in the case 
     of a request to which clause (i) does not apply;
       ``(E) furnish the NTIA with all relevant information to be 
     considered for filing with the Commission;
       ``(F) coordinate with the NTIA on a significant regulatory 
     action to be taken by the applicable Federal entity pursuant 
     to its regulatory authority directly relating to spectrum 
     before the Federal entity submits the regulatory action to 
     the Office of Information and Regulatory Affairs in 
     accordance with Executive Order 12866 (5 U.S.C. 601 note; 
     relating to regulatory planning and review); and
       ``(G) collaborate with the NTIA on spectrum planning.
       ``(d) Coordination Between Federal Agencies and the NTIA.--
       ``(1) Updates.--Not later than 3 years after the date of 
     enactment of this section, and every 4 years thereafter (or 
     more frequently, as appropriate), the Commission and the NTIA 
     shall reassess the Memorandum and, based on such a 
     reassessment, update the Memorandum, as necessary.
       ``(2) Nature of update.--Any update to the Memorandum under 
     paragraph (1) shall reflect changing technological, 
     procedural, and policy circumstances, as determined necessary 
     and appropriate by the Commission and the NTIA.
       ``(e) Annual Report to Congress.--Not later than 1 year 
     after the date of enactment of this section, and annually 
     thereafter, the Chair and the Under Secretary shall submit to 
     Congress a report on joint spectrum planning activities 
     conducted by the Chair and the Under Secretary under this 
     section.
       ``(f) Testing.--A Federal entity shall coordinate with the 
     NTIA before carrying out any electromagnetic compatibility 
     study or testing plan that the Federal entity seeks to be 
     considered in formulating the views of the executive branch 
     regarding spectrum regulatory matters.
       ``(g) Report on Spectrum Management Principles and 
     Methods.--Not later than May 14, 2025, the Under Secretary, 
     in coordination with the Spectrum Advisory Council, shall 
     publish a report that identifies--
       ``(1) spectrum management principles and methods to guide 
     the Federal Government in spectrum studies and science;
       ``(2) coordination guidelines for spectrum studies; and
       ``(3) processes for determining types of studies, criteria, 
     assumptions, and timelines that shall be acceptable in 
     decision-making involving the use of Federal spectrum and the 
     use of non-Federal spectrum by Federal entities.''.

     SEC. __22. 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

[[Page S3541]]

     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--
       (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 for Communications 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; 
     134 Stat. 1182) is amended--
       (A) in title IX of division N--
       (i) in section 902(a)(2) (47 U.S.C. 1306(a)(2)), in the 
     heading, by striking ``assistant secretary'' and inserting 
     ``under secretary'';
       (ii) in section 905 (47 U.S.C. 1705)--

       (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; 
     135 Stat. 429) 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 (47 U.S.C. 1702)--

       (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'';

[[Page S3542]]

       (ii) in title III--

       (I) in section 60302(5) (47 U.S.C. 1721(5)), by striking 
     ``assistant secretary'' and inserting ``under secretary''; 
     and
       (II) in section 60305(d)(2)(B)(ii) (47 U.S.C. 
     1724(d)(2)(B)(ii)), by striking ``assistant secretary'' and 
     inserting ``under secretary'';

       (iii) in section 60401(a)(2) (47 U.S.C. 1741(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) (47 U.S.C. 921 note), 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 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 enactment of this Act 
     (or become effective after that date pursuant to their terms 
     as in effect on that 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 subtitle and the amendments 
     made by this subtitle.
       (3) Proceedings.--This subtitle, and the amendments made by 
     this subtitle, shall not affect any proceedings or any 
     application for any benefits, service, license, permit, 
     certificate, or financial assistance pending on the date of 
     enactment of this Act before the National Telecommunications 
     and Information Administration, but those 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 
     subtitle 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 the proceeding could have been 
     discontinued or modified if this subtitle had not been 
     enacted.
       (4) Suits.--This subtitle, and the amendments made by this 
     subtitle, shall not affect suits commenced before the date of 
     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 subtitle, and 
     the amendments made by this subtitle, had not been enacted.

              Subtitle C--Creation of a Spectrum Pipeline

     SEC. __31. CREATION OF A SPECTRUM PIPELINE.

       (a) Definitions.--In this section:
       (1) Affected federal entity.--The term ``affected Federal 
     entity'' means a Federal entity--
       (A) with operations in the band of frequencies described in 
     subsection (b)(1)(A) or with future planned operations in the 
     band of frequencies described in subsection (b)(1)(B); and
       (B) that the Under Secretary determines might be affected 
     by a reallocation, or another action to expand spectrum 
     access, in a band described in subparagraph (A).
       (2) Co-lead.--The term ``co-lead'' means an official who--
       (A) is the head of a Federal entity--
       (i) with operations in the band of frequencies described in 
     subsection (b)(1)(A) or with future planned operations in the 
     band of frequencies described in subsection (b)(1)(B); and
       (ii) that the Under Secretary determines might be affected 
     by a reallocation, or another action to expand spectrum 
     access, in a band of frequencies described in subsection 
     (b)(1); and
       (B) elects to serve as a co-lead of the feasibility 
     assessment required under subsection (b).
       (3) Federal entity.--The term ``Federal entity'' has the 
     meaning given the term in section 113(l) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(l)).
       (b) Feasibility Assessment.--
       (1) Completion of assessment.--The Secretary of Commerce, 
     acting through the Under Secretary, with the assistance of 
     the co-leads, shall complete a feasibility assessment of 
     making spectrum available for--
       (A) non-Federal use, shared Federal and non-Federal use, or 
     a combination thereof, in the bands of frequencies between 
     7125 and 8400 megahertz, inclusive; and
       (B) shared Federal and non-Federal use in the bands of 
     frequencies between 37000 and 37600 megahertz, inclusive.
       (2) Other requirements.--In conducting the feasibility 
     assessment required under paragraph (1), the Under Secretary, 
     with the assistance of the co-leads, shall--
       (A) coordinate directly with each affected Federal entity 
     with respect to frequencies allocated to, and used by, that 
     affected Federal entity in the bands described in that 
     paragraph and in affected adjacent or near adjacent bands;
       (B) ensure that each affected Federal entity leads that 
     portion of the feasibility assessment that is relevant to 
     individual mission requirements of the affected Federal 
     entity for the systems supported by the incumbent spectrum 
     assignments in an applicable band of frequencies;
       (C) consider dynamic spectrum sharing and, for the bands of 
     frequencies described in paragraph (1)(A), relocation of 
     systems, compression or re-packing of systems, consolidation 
     of systems, and any other re-purposing options the Under 
     Secretary, with the assistance of the co-leads, determines 
     will enable the most efficient and effective use of 
     frequencies considered under that paragraph; and
       (D) comply with the requirements of section 113(j) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(j)).
       (3) Assistance from affected federal entities.--Each 
     affected Federal entity shall provide any assistance that the 
     Under Secretary and the co-leads determine necessary in order 
     to carry out the assessment required under this subsection.
       (4) Deadline for completion of assessment.--The Under 
     Secretary and the co-leads shall complete the assessment 
     required under this subsection--
       (A) if affected Federal entities submit requests for 
     funding under subsection (c)(1), not later than 2 years after 
     the date on which all such requests for funding have been 
     approved or denied; and
       (B) if no affected Federal entity submits a request for 
     funding under subsection (c)(1), not later than 850 days 
     after the date of enactment of this Act.
       (c) Funding of Activities to Assist in Conducting 
     Feasibility Assessment.--
       (1) In general.--If an affected Federal entity determines 
     that the affected Federal entity requires funding to conduct 
     activities described in section 118(g) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)) that are necessary to 
     assist the Under Secretary and the co-leads in carrying out 
     the assessment required under subsection (b), the affected 
     Federal entity shall, not later than 120 days after the date 
     of enactment of this Act, submit a request for payment 
     pursuant to such section 118(g).
       (2) Exemption.--Section 118(g)(2)(D)(ii) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply 
     with respect to a payment requested under paragraph (1).
       (d) Report to the Commission and Congress.--
       (1) In general.--Not later than 30 days after the date on 
     which the Under Secretary and the co-leads complete the 
     feasibility assessment required under subsection (b), and 
     subject to the other requirements of this subsection, the 
     Under Secretary shall submit to the Commission and Congress a 
     report regarding that assessment.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) which Federal entities are affected Federal entities 
     and the contributions of those affected Federal entities to 
     the feasibility assessment required under subsection (b);
       (B) the necessary steps to make the bands of frequencies 
     considered under subsection (b)(1)(A) available for non-
     Federal use, shared Federal and non-Federal use, or a 
     combination thereof, including--
       (i) the technical requirements necessary to make those 
     bands of frequencies available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use; and

       (ii) an estimate of the cost to affected Federal entities 
     to make the bands of frequencies considered under subsection 
     (b)(1)(A) available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use;

[[Page S3543]]

       (C) the necessary steps to make the bands of frequencies 
     considered under subsection (b)(1)(B) available for shared 
     Federal and non-Federal use, including the technical 
     requirements necessary to make those bands so available and 
     an estimate of the cost to affected Federal entities to make 
     those bands so available;
       (D) an assessment of the likelihood that authorizing mobile 
     or fixed terrestrial operations in any of the frequencies 
     considered under subsection (b)(1)(B) would result in harmful 
     interference to an affected Federal entity; and
       (E) 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 (b) could have on the 
     mission of an affected Federal entity.
       (3) Public availability.--The Under Secretary shall ensure 
     that all information in the report submitted under this 
     subsection that is permitted to be released to the public is 
     made available on the public website of the National 
     Telecommunications and Information Administration.
       (4) Classified information.--If there is classified 
     material in the report submitted under this subsection, the 
     Under Secretary shall--
       (A) provide the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and each other 
     committee of Congress with jurisdiction over affected Federal 
     entities with operations in the applicable bands of 
     frequencies with a briefing on the classified components of 
     that report; and
       (B) transmit at least 1 copy of both the classified report 
     and the classified annexes to the sensitive compartmented 
     information facilities of the Senate and House of 
     Representatives.
       (5) Preparation of report.--Before finalizing the report 
     required under this subsection with respect to the 
     feasibility assessment required under subsection (b), the 
     Under Secretary shall--
       (A) submit the report for review by the Spectrum Advisory 
     Council; and
       (B) resolve any disputes regarding the feasibility 
     assessment through the interagency process described in the 
     national security memorandum of the President entitled 
     ``Memorandum on Renewing the National Security Council 
     System'', issued on February 4, 2021.
       (6) 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.
       (e) Reports on Future Feasibility Assessments.--
       (1) In general.--Not later than 30 days after the date on 
     which the Under Secretary completes any feasibility 
     assessment with respect to bands of electromagnetic spectrum 
     (other than the assessment required under subsection (b)), 
     the Under Secretary shall submit to the Commission and 
     Congress a report regarding that assessment.
       (2) Contents.--Each report required under paragraph (1) 
     shall include, with respect to the applicable feasibility 
     assessment described in that paragraph--
       (A) the Federal entities identified by the Assistant 
     Secretary with equities in the bands with respect to 
     frequencies allocated to, and used by, those Federal entities 
     and the contributions of those Federal entities to that 
     feasibility assessment;
       (B) the necessary steps to make the bands of frequencies 
     considered under that feasibility assessment available for 
     non-Federal use, shared Federal and non-Federal use, or a 
     combination thereof, including--
       (i) the technical requirements necessary to make bands in 
     the frequencies considered under that feasibility assessment 
     available for--

       (I) exclusive non-Federal use; and
       (II) shared Federal and non-Federal use; and

       (ii) an estimate of the cost to Federal entities affected 
     by making bands in the frequencies considered under that 
     feasibility assessment available 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 that feasibility assessment would result in 
     harmful interference to a 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 that feasibility assessment 
     could have on the mission of a Federal entity.
       (3) Public availability.--The Under Secretary shall ensure 
     that all information in a report submitted under this 
     subsection that may be released to the public is made 
     available on the public website of the National 
     Telecommunications and Information Administration.
       (4) Classified information.--If there is classified 
     material in a report submitted under this subsection, the 
     Under Secretary shall--
       (A) provide the Committee on Commerce, Science, and 
     Transportation of the Senate, the Committee on Energy and 
     Commerce of the House of Representatives, and each other 
     committee of Congress with jurisdiction over Federal entities 
     with equities in the applicable bands of frequencies with a 
     briefing on the classified components of that report; and
       (B) transmit at least 1 copy of both the classified report 
     and the classified annexes to the sensitive compartmented 
     information facilities of the Senate and House of 
     Representatives.
       (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.

     SEC. __32. SPECTRUM AUCTIONS.

        Not later than December 30, 2027, the Commission shall 
     complete a system of competitive bidding under section 309(j) 
     of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant 
     new licenses for the band of frequencies between 12700 
     megahertz and 13250 megahertz, inclusive.

             Subtitle D--Extension of FCC Auction Authority

     SEC. __41. EXTENSION OF FCC AUCTION AUTHORITY.

       Section 309(j)(11) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(11)) is amended by striking ``March 9, 2023'' 
     and inserting ``September 30, 2029''.

                   Subtitle E--Workforce Development

              CHAPTER 1--IMPROVING MINORITY PARTICIPATION

     SEC. __51. SHORT TITLE.

       This chapter may be cited as the ``Improving Minority 
     Participation And Careers in Telecommunications Act'' or the 
     ``IMPACT Act''.

     SEC. __52. DEFINITIONS.

       (a) Definitions.--In this chapter:
       (1) Covered grant.--The term ``covered grant'' means a 
     grant awarded under section __53.
       (2) Eligible entity.--The term ``eligible entity'' means a 
     historically Black college or university, a Tribal College or 
     University, or any other minority-serving institution, or a 
     consortium of those 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, the 
     electromagnetic spectrum 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 or 
     electromagnetic spectrum industry.
       (E) A community or technical college with experience in 
     providing workforce development for individuals seeking 
     employment in the telecommunications industry, 
     electromagnetic spectrum industry, or a similar industry.
       (F) A Federal agency laboratory specializing in 
     telecommunications or electromagnetic spectrum 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 __53.
       (4) 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)).
       (5) 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).
       (6) Improper payment.--The term ``improper payment'' has 
     the meaning given the term in section 2(d) of the Improper 
     Payments Information Act of 2002 (Public Law 107-300; 116 
     Stat. 2351).
       (7) Industry field activity.--The term ``industry field 
     activity'' means an activity at an active telecommunications, 
     cable, or broadband network worksite, such as a tower, 
     construction site, or network management hub.
       (8) Industry partner.--The term ``industry partner'' means 
     an entity described in any of 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 eligible institution described 
     in section 371(a) of the Higher Education Act of 1965 (20 
     U.S.C. 1067q(a)).
       (10) Registered apprenticeship program.--The term 
     ``registered apprenticeship program'' means an apprenticeship 
     registered under the Act of August 16, 1937 (commonly known 
     as the ``National Apprenticeship Act''; 50 Stat. 664, chapter 
     663).
       (11) 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 or electromagnetic 
     spectrum workforce; and

[[Page S3544]]

       (B) includes a curriculum and apprenticeship or internship 
     opportunity that can also be paired with--
       (i) a degree program; or
       (ii) stacked credentialing toward a degree.
       (12) Tribal college or university.--The term ``Tribal 
     College or University'' has the meaning given the term in 
     section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 
     1059c(b)).

     SEC. __53. PROGRAM.

       (a) Program.--The Under Secretary, acting through the 
     Director of the Office of Minority Broadband Initiatives 
     established under section 902(b)(1) of division N of the 
     Consolidated Appropriations Act, 2021 (47 U.S.C. 1306), shall 
     establish a program, to be known as the ``Telecommunications 
     Workforce Training Grant Program'', under which the Under 
     Secretary shall award grants to eligible entities to develop 
     training programs.
       (b) Application.--
       (1) In general.--An eligible entity desiring a covered 
     grant shall submit to the Under Secretary an application 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 submitted 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 funds, 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 applicable training program;
       (D) a plan to increase female student participation in the 
     applicable training program;
       (E) a description of potential jobs to be secured through 
     the applicable 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 established under subsection 
     (e)(2) and performance metrics established under that 
     subsection.
       (c) Use of Funds.--An eligible entity may use covered grant 
     funds, with respect to the training program of the eligible 
     entity, to--
       (1) hire faculty members to teach courses in the applicable 
     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, electromagnetic spectrum, or 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 or 
     electromagnetic spectrum industry in order for those 
     individuals 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 to carry out this section, 
     the Under Secretary shall award all covered grants.
       (2) Minimum allocation to certain entities.--Of the total 
     amount of covered grants made under this section, the Under 
     Secretary shall award not less than--
       (A) 20 percent of covered grant amounts to eligible 
     entities that include historically Black colleges or 
     universities;
       (B) 20 percent of covered grant amounts to eligible 
     entities that include Tribal Colleges or Universities; and
       (C) 20 percent of covered grant amounts to eligible 
     entities that include Hispanic-serving institutions.
       (3) Coordination.--The Under Secretary shall ensure that 
     covered grant amounts awarded under paragraph (2) are 
     coordinated with grant amounts provided under section 902 of 
     division N of the Consolidated Appropriations Act, 2021 (47 
     U.S.C. 1306).
       (4) Construction.--In awarding covered grants 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 2-year community or technical 
     colleges that have a written agreement with 1 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 
     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 issued under paragraph 
     (1), the Under Secretary shall--
       (A) establish short term and long-term goals for an 
     eligible entity that receives a covered grant;
       (B) establish performance metrics that demonstrate whether 
     the goals described in paragraph (1) have been met by an 
     eligible entity;
       (C) identify the steps the Under Secretary will take to 
     award covered grants through the Grant Program if the demand 
     for covered grants exceeds the amount appropriated to carry 
     out the Grant Program; and
       (D) develop criteria for evaluating applications for 
     covered grants.
       (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 180-day 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 applicable training program;
       (3) describes the number of faculty and students 
     participating in the applicable training program;
       (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 described in subparagraph (A) 
     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 the requirements of this section, 
     including the purposes for which covered grants may be used, 
     as 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 covered grant awarded to an eligible entity if the eligible 
     entity is not in compliance with the requirements of this 
     section, including if the eligible entity uses the grant for 
     a purpose that is not in compliance with subsection (c).
       (3) Audit findings.--Any finding by the Inspector General 
     of the Department of Commerce under paragraph (1) of waste, 
     fraud, or abuse in the Grant Program, or that an improper 
     payment has been made with respect to the Grant Program, 
     shall identify the following:
       (A) Any entity within the eligible entity that committed 
     the applicable act.
       (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, if applicable.
       (4) Notification of audit findings.--Not later than 7 days 
     after making a finding under paragraph (1) of waste, fraud, 
     or abuse in the Grant Program, or that an improper payment 
     has been made with respect to the Grant Program, the 
     Inspector General of the Department of Commerce 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 that finding, which shall include the 
     information identified under paragraph (3) with respect to 
     the finding.
       (5) Fraud risk management.--The Under Secretary shall, with 
     respect to the Grant Program--
       (A) designate an entity within the Office of Minority 
     Broadband Initiatives to lead fraud risk management 
     activities;
       (B) ensure that the entity designated under subparagraph 
     (A) has defined responsibilities and the necessary authority 
     to serve the role of the entity;
       (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;

[[Page S3545]]

       (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.--Until the year in which all 
     covered grants have expired, the Under Secretary shall submit 
     to Congress an annual report that, for the year covered by 
     the report--
       (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, as described in subsection (c);
       (3) summarizes the job placement status or apprenticeship 
     opportunities of students who have participated in each 
     training program;
       (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)(2)(A); and
       (B) the performance of each eligible entity with respect to 
     the performance metrics described in subsection (e)(2)(B).

              CHAPTER 2--NATIONAL SPECTRUM WORKFORCE PLAN

     SEC. __55. NATIONAL SPECTRUM WORKFORCE PLAN.

       (a) National Spectrum Workforce Plan.--Not later than 1 
     year after the date of enactment of this Act, the Under 
     Secretary, in coordination with the Executive Office of the 
     President, and in consultation with the heads of the member 
     agencies of the Spectrum Advisory Council and the 
     stakeholders described in subsection (b), shall develop a 
     National Spectrum Workforce Plan to--
       (1) understand the spectrum workforce development needs for 
     the United States;
       (2) prioritize the development of, and enhancement to, the 
     spectrum ecosystem workforce, including the operational, 
     technical, and policy positions involved in spectrum-related 
     activities; and
       (3) consider strategies and methods to encourage the 
     development of spectrum engineering training programs, work-
     study programs, and trade school certification programs to 
     strengthen the spectrum workforce ecosystem.
       (b) Stakeholder Engagement.--The Under Secretary, in 
     coordination with the Executive Office of the President, 
     shall use the collaborative framework established under 
     section __11(d) to collect input from stakeholders, including 
     academia, Federal agencies, Tribal Nations, and industry, to 
     identify the education and training programs necessary to 
     equip the existing workforce, and prepare the future 
     workforce, to meet the evolving spectrum-related workforce 
     demands.
       (c) Updates.--Not later than 3 years after the date of 
     enactment of this Act, and once every 4 years thereafter (or 
     more frequently, as appropriate, as determined by the Under 
     Secretary), the Under Secretary, in coordination with the 
     Executive Office of the President, shall update the National 
     Spectrum Workforce Plan developed under subsection (a).
       (d) Report to Congress.--The Under Secretary shall submit 
     to Congress the National Spectrum Workforce Plan established 
     subsection (a) and any updates to that Plan made under 
     subsection (c).

                Subtitle F--Spectrum Auction Trust Fund

     SEC. __61. DEFINITION.

       In this subtitle, 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 title, 
     that commences during the period beginning on March 9, 2023, 
     and ending on September 30, 2029;
       (2) conducted under section 309(j) of the Communications 
     Act of 1934 (47 U.S.C. 309(j)), as amended by this title, for 
     the band of frequencies between 12700 megahertz and 13250 
     megahertz, inclusive, on or after the date of enactment of 
     this Act;
       (3) 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)) and is conducted on or after the date of enactment 
     of this Act; or
       (4) with respect to which the Commission shares with a 
     licensee a portion of the proceeds, as described in paragraph 
     (8)(G) of section 309(j) of the Communications Act of 1934 
     (47 U.S.C. 309(j)), as amended by this title, and that is 
     conducted on or after the date of enactment of this Act.

     SEC. __62. SPECTRUM AUCTION TRUST FUND.

       (a) Establishment.--
       (1) In general.--There is established in the Treasury of 
     the United States a fund to be known as the ``Spectrum 
     Auction Trust Fund'' (referred to in this section as the 
     ``Fund'') for the purposes described in subparagraphs (A) 
     through (J) of subsection (c)(1).
       (2) Amounts available until expended.--Amounts deposited in 
     the Fund shall remain available until expended.
       (b) Deposit of Proceeds.--
       (1) In general.--Notwithstanding any other provision of 
     law, except section 309(j)(8)(B) of the Communications Act of 
     1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including 
     deposits and upfront payments from successful bidders) from 
     any covered auction shall be deposited or available as 
     follows:
       (A) With respect to a covered auction described in 
     paragraph (3) or (4) of section __61, the proceeds of the 
     covered auction shall be deposited or available as follows:
       (i) With respect to a covered auction described in section 
     __61(3)--

       (I) such amount of those proceeds as is necessary to cover 
     110 percent of the relocation or sharing costs (as defined in 
     subsection (g)(3) of section 113 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923)) of Federal entities (as 
     defined in subsection (l) of such section 113) 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); and
       (II) any remaining proceeds after making the deposit 
     described in subclause (I) shall be deposited in accordance 
     with subsection (c).

       (ii) With respect to a covered auction described in section 
     __61(4)--

       (I) such amount of those proceeds as the Commission has 
     agreed to share with licensees under section 309(j)(8)(G) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall 
     be shared with those licensees; and
       (II) any remaining proceeds after sharing proceeds, as 
     described in subclause (I), shall be deposited in accordance 
     with subsection (c).

       (B) After carrying out subparagraph (A) (if that 
     subparagraph is applicable to the covered auction), 
     $2,000,000,000 of the proceeds of the covered auction shall 
     be deposited in the general fund of the Treasury, where those 
     proceeds shall be dedicated for the sole purpose of deficit 
     reduction.
       (C) Any proceeds of the covered auction that remain after 
     carrying out subparagraphs (A) and (B) 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 (including 
     paragraph (1)), 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 or 
     available as follows:
       (A) If that system of competitive bidding is a covered 
     auction described in paragraph (3) or (4) of section __61, 
     the proceeds of the system of competitive bidding shall be 
     deposited or available as follows:
       (i) With respect to a covered auction described in section 
     __61(3), such amount of those proceeds as is necessary to 
     cover 110 percent of the relocation or sharing costs (as 
     defined in subsection (g)(3) of section 113 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923)) of Federal entities (as 
     defined in subsection (l) of such section 113) 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).
       (ii) With respect to a covered auction described in section 
     __61(4), such amount of those proceeds as the Commission has 
     agreed to share with licensees under section 309(j)(8)(G) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall 
     be shared with those licensees.
       (B) After carrying out subparagraph (A) (if that 
     subparagraph is applicable to that system of competitive 
     bidding), $300,000,000 of the proceeds of that system of 
     competitive bidding shall be deposited in the general fund of 
     the Treasury, where those proceeds shall be dedicated for the 
     sole purpose of deficit reduction.
       (C) Any proceeds of that system of competitive bidding that 
     remain after carrying out subparagraphs (A) and (B) shall be 
     deposited in accordance with subsection (c).
       (c) Deposit of Funds.--
       (1) In general.--Notwithstanding any other provision of law 
     (except for subsection (b)), an aggregate total amount of 
     $22,805,000,000 of the proceeds of covered auctions that 
     remain after carrying out that subsection shall be deposited 
     in the Fund as follows:
       (A) 10 percent of those remaining amounts, but not more 
     than $3,080,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (d)(1)(A).
       (B) 10 percent of those remaining amounts, but not more 
     than $7,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (d)(1)(B).
       (C) 10 percent of those remaining amounts, but not more 
     than $2,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(A).
       (D) 10 percent of those remaining amounts, but not more 
     than $3,000,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(B).
       (E) 10 percent of those remaining amounts, but not more 
     than $3,300,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (e)(1)(C).
       (F) 10 percent of those remaining amounts, but not more 
     than $1,700,000,000 cumulatively, shall be transferred to the 
     general

[[Page S3546]]

     fund of the Treasury to reimburse the amount borrowed under 
     subsection (e)(1)(D).
       (G) 10 percent of those remaining amounts, but not more 
     than $200,000,000 cumulatively, shall be transferred to the 
     general fund of the Treasury to reimburse the amount borrowed 
     under subsection (f).
       (H) 10 percent of those remaining amounts, but not more 
     than $2,000,000,000 cumulatively, shall be made available to 
     the Under Secretary, to remain available until expended, to 
     carry out sections 159, 160, and 161 of the National 
     Telecommunications and Information Administration 
     Organization Act, as added by section __81 of this title, 
     except that not more than 4 percent of the amount made 
     available under this subparagraph may be used for 
     administrative purposes (including carrying out such sections 
     160 and 161).
       (I) 10 percent of those remaining amounts, but not more 
     than $500,000,000 cumulatively, shall be made available to 
     the Under Secretary to carry out the Telecommunications 
     Workforce Training Grant Program established under section 
     __53.
       (J) 10 percent of those remaining amounts, but not more 
     than $25,000,000 cumulatively, shall be made available to the 
     Under Secretary and the Secretary of Defense for the purpose 
     of research and development, engineering studies, economic 
     analyses, activities with respect to systems, or other 
     planning activities to improve efficiency and effectiveness 
     of spectrum use of the Department of Defense.
       (2) Distribution.--If the maximum amount permitted under 
     any subparagraph of paragraph (1) is reached, whether through 
     covered auction proceeds or appropriations to the program 
     specified in that subparagraph, any remaining proceeds from 
     the amount of proceeds of covered auctions described in that 
     paragraph 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 amounts required to be 
     made available by paragraphs (1) and (2) are 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.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Commission may borrow from the Treasury of the 
     United States an amount not to exceed--
       (A) $3,080,000,000 to carry out the Secure and Trusted 
     Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.); 
     and
       (B) $7,000,000,000 to carry out section 904 of division N 
     of the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752).
       (2) Limitation.--The Commission may not use any funds 
     borrowed under this subsection in a manner that may result in 
     outlays on or after December 31, 2033.
       (e) Department of Commerce Borrowing Authority.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Secretary of Commerce may borrow from the 
     Treasury of the United States an amount not to exceed--
       (A) $2,000,000,000 to carry out section 28 of the 
     Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 
     3722a);
       (B) $3,000,000,000 for the fund established under section 
     102(a) of the CHIPS Act of 2022 (Public Law 117-167), which 
     shall be used to carry out section 9902 of the William M. 
     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (15 U.S.C. 4652);
       (C) $3,300,000,000 to be made available to the Director of 
     the National Science Foundation to carry out research and 
     related activities, of which--
       (i) $1,650,000,000 shall be for the Directorate for 
     Technology, Innovation, and Partnerships established under 
     section 10381 of the Research and Development, Competition, 
     and Innovation Act (42 U.S.C. 19101); and
       (ii) $1,650,000,000 shall be used to carry out other 
     research and related activities for which amounts are 
     authorized to be appropriated under section 10303 of the 
     Research and Development, Competition, and Innovation Act 
     (Public Law 117-167); and
       (D) $1,700,000,000 to be made available to the Under 
     Secretary of Commerce for Standards and Technology, of 
     which--
       (i) $1,475,000,000 shall be used to carry out scientific 
     and technical research and services laboratory activities for 
     which amounts are authorized to be appropriated under section 
     10211 of the Research and Development, Competition, and 
     Innovation Act (Public Law 117-167); and
       (ii) $225,000,000 shall be used for Safety, Capacity, 
     Maintenance, and Major Repairs for which amounts are 
     authorized to be appropriated under section 10211 of the 
     Research and Development, Competition, and Innovation Act 
     (Public Law 117-167).
       (2) Limitation.--The Secretary of Commerce may not use any 
     funds borrowed under this subsection in a manner that may 
     result in outlays on or after December 31, 2033.
       (f) NTIA Borrowing Authority.--
       (1) In general.--Subject to the limitation under paragraph 
     (2), not later than 90 days after the date of enactment of 
     this Act, the Under Secretary may borrow from the Treasury of 
     the United States an amount not to exceed $200,000,000 to 
     carry out the program established under section __92.
       (2) Limitation.--The Under Secretary may not use any funds 
     borrowed under this subsection in a manner that may result in 
     outlays on or after December 31, 2033.
       (g) Reporting Requirement.--Not later than 2 years after 
     the date of enactment of this Act, and annually thereafter 
     until funds are fully expended, the heads of the agencies to 
     which funds are made available under each subparagraph of 
     subsection (c)(1) 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 on the amount transferred or made available under the 
     applicable subparagraph.

 Subtitle G--Secure and Trusted Communications Networks Reimbursement 
                                Program

     SEC. __71. 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''.

                   Subtitle H--Next Generation 9-1-1

     SEC. __81. 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 in 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, 2025, 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 the 
     grant program; and
       ``(ii) funding profiles for each fiscal year of the 
     duration of the grant program.
       ``(B) Submission to congress.--Not later than 180 days 
     after the date of enactment of this section, the Under 
     Secretary shall--
       ``(i) submit the management plan developed under 
     subparagraph (A) to--

       ``(I) the Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and
       ``(II) the Committee on Energy and Commerce and the 
     Committee on 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 Committee on Commerce, Science, and 
     Transportation and the Committee on Appropriations of the 
     Senate; and
       ``(II) the Committee on Energy and Commerce and the 
     Committee on 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.

[[Page S3547]]

       ``(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 and 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; and

       ``(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, containing the 
     certification required by paragraph (3).
       ``(3) Coordination required.--An 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 the State, except 
     that the designation need not vest the 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 entity has complied with clauses (i) and (iii) of 
     subparagraph (A) (except for subclause (VIII)(bb) of such 
     clause (iii)).
       ``(4) Criteria.--
       ``(A) In general.--Not later than 1 year after the date of 
     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, establishing the criteria for selecting eligible 
     entities for grants under this subsection.
       ``(B) Requirements.--The criteria established under 
     subparagraph (A) shall--
       ``(i) include performance requirements and a schedule for 
     completion of any project to be financed by a grant under 
     this subsection; and
       ``(ii) specifically permit regional or multi-State 
     applications for funds.
       ``(C) Updates.--The Under Secretary shall update the rules 
     issued under subparagraph (A) as necessary.
       ``(5) Grant certifications.--An eligible entity shall 
     certify to the Under Secretary at the time of application for 
     a grant under this subsection, and an eligible entity that 
     receives such a grant shall certify to the Under Secretary 
     annually thereafter during the period during which 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 if 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) is 
     obligated or expended for a purpose or function not 
     designated as acceptable under the rules issued under section 
     6(f)(3) of the Wireless Communications and Public Safety Act 
     of 1999 (47 U.S.C. 615a-1(f)(3)) (as those rules are in 
     effect on the date on which the eligible entity makes the 
     certification);
       ``(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 in a manner that ensures 
     reliability and interoperability by requiring the use of 
     commonly accepted standards;
       ``(C) the eligible entity (or if 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 after 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 taken 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.--An 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 the period during which the funds from the grant 
     are available to the eligible entity, all of the funds from 
     the grant shall be returned to the Under Secretary.
       ``(7) Penalty for providing false information.--An eligible 
     entity that knowingly provides false information in a 
     certification under paragraph (5)--
       ``(A) shall not be eligible to receive the grant under this 
     subsection;
       ``(B) shall return any grant awarded under this subsection; 
     and
       ``(C) shall 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 the 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 for participation by any person; and
       ``(II) provides for a conflict resolution process;

[[Page S3548]]

       ``(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 1 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 1 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 1 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 in 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 1 route between end points with no common 
     points where a single failure at that point would cause all 
     routes to fail.
       ``(14) State.--The term `State' means any State of the 
     United States, the District of Columbia, Puerto Rico, 
     American Samoa, Guam, the United States Virgin Islands, the 
     Northern Mariana Islands, and any other territory or 
     possession of the United States.
       ``(15) Sustainable funding mechanism.--The term 
     `sustainable funding mechanism' means a funding mechanism 
     that provides adequate revenues to cover ongoing expenses, 
     including operations, maintenance, and upgrades.
       ``(16) Tribe.--The term `Tribe' has the meaning given to 
     the term `Indian Tribe' in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     5304(e)).

     ``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1 
                   CYBERSECURITY CENTER.

       ``The 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 rules 
     required under section 159(c)(4);
       ``(B) as required by paragraph (7) of this subsection; and
       ``(C) upon request under paragraph (8) of this subsection.
       ``(2) Membership.--
       ``(A) Appointment.--Not later than 150 days after the date 
     of enactment of this section, the Under Secretary shall 
     appoint 16 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 of the Board shall 
     be representatives of States 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.--Each member of the Board 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 
     under 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 that 
     subparagraph as a member of the Board and shall select the 
     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), 
     a member 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.--A 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 
     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 into 
     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.''.

           Subtitle I--Minority Serving Institutions Program

     SEC. __91. DEFINITIONS.

       In this subtitle:
       (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

[[Page S3549]]

       (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 
     that 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 those 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 the 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 the 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 __92(c).
       (11) Program.--The term ``Program'' means the pilot program 
     established under section __92(a).

     SEC. __92. PROGRAM.

       (a) Establishment.--The Under Secretary, acting through the 
     head of the Office of Minority Broadband Initiatives, shall 
     use the amounts borrowed under section __62(f) to establish 
     within the National Telecommunications and Information 
     Administration a pilot program for the purposes described in 
     subsection (c) of this section, provided that not more than 6 
     percent of the amounts used to establish the pilot program 
     may be used for salary, expenses, administration, and 
     oversight with respect to the pilot program.
       (b) Authority.--The Under Secretary may use funding 
     mechanisms, including grants, cooperative agreements, and 
     contracts, for the effective implementation of the Program.
       (c) Purposes.--Funding made available under the Program 
     shall enable an eligible applicant to work with an eligible 
     community anchor institution, and each eligible community 
     with respect to the eligible community anchor institution, to 
     develop a local broadband plan to--
       (1) identify barriers to broadband deployment and adoption 
     in order to expand the availability and adoption of broadband 
     at the eligible community anchor institution and within each 
     such eligible community;
       (2) advance digital equity at the eligible community anchor 
     institution and within each such eligible community; and
       (3) help each such eligible community to prepare 
     applications for funding from multiple sources, including 
     from--
       (A) the various programs authorized under the 
     Infrastructure Investment and Jobs Act (Public Law 117-58; 
     135 Stat. 429); and
       (B) other Federal, State, and Tribal sources of funding for 
     broadband deployment, affordable broadband internet service, 
     or digital equity.
       (d) Contents of Local Broadband Plan.--A local broadband 
     plan shall--
       (1) be developed in coordination with stakeholder 
     representatives; and
       (2) with respect to support for infrastructure funding--
       (A) reflect an approach that is performance-based and does 
     not favor any particular technology, provider, or type of 
     provider; and
       (B) include--
       (i) a description of the demographic profile of each 
     applicable eligible community;
       (ii) an assessment of the needs of each applicable eligible 
     community, including with respect to digital literacy, 
     workforce development, and device access needs;
       (iii) a summary of current (as of the date of the most 
     current data published by the 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 applicant that is 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 applicant;
       (B) the name and email address of the point of contact for 
     the applicant;
       (C) documentation providing evidence that the applicant is 
     an eligible applicant;
       (D) a summary description of the proposed approach that the 
     applicant will take to expand the availability and adoption 
     of broadband;
       (E) an outline or sample of the proposed local broadband 
     plan with respect to the funds;
       (F) a draft proposal for carrying out the local broadband 
     plan with respect to the funds, describing with specificity 
     how funds will be used;
       (G) a summary of past performance in which the applicant 
     created plans similar to the local broadband plan for 
     communities similar to each applicable eligible community;
       (H) a description of the approach the 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 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 enactment of this Act.
       (f) Selection Criteria.--When selecting an eligible 
     applicant to receive funding under the 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 
     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 Program;

[[Page S3550]]

       (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 that 
     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 applicant 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 subtitle; 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).

      Subtitle J--Modernizing the Affordable Connectivity Program

     SEC. __01A. MODERNIZING THE AFFORDABLE CONNECTIVITY PROGRAM.

       (a) Eligibility.--
       (1) Limitation on eligibility through the community 
     eligibility provision of the free lunch program and the free 
     school breakfast program.--Section 904(a)(6) of division N of 
     the Consolidated Appropriations Act, 2021 (47 U.S.C. 
     1752(a)(6)) is amended by striking subparagraph (B) and 
     inserting the following:
       ``(B) at least one member of the household--
       ``(i) is eligible for and receives--

       ``(I) a free or reduced price lunch under the school lunch 
     program established under the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1751 et seq.); or
       ``(II) a free or reduced price breakfast under the school 
     breakfast program established under section 4 of the Child 
     Nutrition Act of 1966 (42 U.S.C. 1773); and

       ``(ii) attends a school the local educational agency of 
     which does not elect to receive special assistance payments 
     under section 11(a)(1)(F) of the Richard B. Russell National 
     School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) with respect to 
     the school;''.
       (2) Effective date.--
       (A) In general.--The amendments made by this subsection 
     shall take effect on the date that is 180 days after the date 
     of enactment of this Act.
       (B) Updating rules.--Not later than 180 days after the date 
     of enactment of this Act, the Commission shall update the 
     rules of the Commission relating to the program carried out 
     under section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) (referred to in 
     this paragraph as the ``Affordable Connectivity Program'') to 
     implement the amendments made by this subsection.
       (C) Re-verification.--Not later than 60 days after the date 
     of enactment of this Act, a participating provider, as 
     defined in section 904(a) of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752(a)), shall re-verify 
     the eligibility of a household with respect to the Affordable 
     Connectivity Program based on the amendments made by this 
     subsection.
       (b) Repeal of Affordable Connectivity Program Device 
     Subsidy.--Section 904 of division N of the Consolidated 
     Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
       (1) in subsection (a)--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraphs (5) through (11) as 
     paragraphs (4) through (10), respectively; and
       (2) in subsection (b)--
       (A) in paragraph (1), by striking ``, or an affordable 
     connectivity benefit and a connected device,'';
       (B) by striking paragraph (5);
       (C) by redesignating paragraphs (6) through (15) as 
     paragraphs (5) through (14), respectively;
       (D) in paragraph (5), as so redesignated--
       (i) in the matter preceding subparagraph (A), by striking 
     ``or (5)'';
       (ii) by striking subparagraph (B); and
       (iii) by redesignating subparagraph (C) as subparagraph 
     (B);
       (E) in paragraph (11), as so redesignated--
       (i) in subparagraph (D), by striking ``a connected device 
     or a reimbursement for'';
       (ii) by striking subparagraph (E); and
       (iii) by redesignating subparagraphs (F) and (G) as 
     subparagraphs (E) and (F), respectively; and
       (F) in paragraph (13), as so redesignated, by striking 
     ``paragraph (12)'' and inserting ``paragraph (11)''.
                                 ______