[House Report 118-249]
[From the U.S. Government Publishing Office]
118th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 118-249
======================================================================
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
REAUTHORIZATION ACT OF 2023
_______
October 25, 2023.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mrs. Rodgers of Washington, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 4510]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4510) to reauthorize the National
Telecommunications and Information Administration, to update
the mission and functions of the agency, and for other
purposes, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
Purpose and Summary.............................................. 29
Background and Need for Legislation.............................. 30
Committee Action................................................. 30
Committee Votes.................................................. 30
Oversight Findings and Recommendations........................... 32
New Budget Authority, Entitlement Authority, and Tax Expenditures 32
Congressional Budget Office Estimate............................. 32
Federal Mandates Statement....................................... 32
Statement of General Performance Goals and Objectives............ 32
Duplication of Federal Programs.................................. 32
Related Committee and Subcommittee Hearings...................... 32
Committee Cost Estimate.......................................... 32
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 33
Advisory Committee Statement..................................... 33
Applicability to Legislative Branch.............................. 33
Section-by-Section Analysis of the Legislation................... 33
Changes in Existing Law Made by the Bill, as Reported............ 43
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Telecommunications and Information Administration Reauthorization Act
of 2023'' or the ``NTIA Reauthorization Act of 2023''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--REAUTHORIZATION
Sec. 101. Reauthorization of the National Telecommunications and
Information Administration Organization Act.
Sec. 102. NTIA Consolidated Reporting Act.
TITLE II--OFFICE OF SPECTRUM MANAGEMENT
Sec. 201. Office of Spectrum Management.
Sec. 202. Improving spectrum management.
Sec. 203. Spectrum management improvements.
Sec. 204. Institute for Telecommunication Sciences.
Sec. 205. Commerce Spectrum Management Advisory Committee.
Sec. 206. Incumbent informing capability.
Sec. 207. Voluntary criteria, standards, ratings, and other measures
for certain radio receivers.
TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
Sec. 301. National Strategy to Close Digital Divide.
TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY
Sec. 401. Office of Policy Development and Cybersecurity.
Sec. 402. Economic competitiveness of information and communication
technology supply chain.
Sec. 403. Digital Economy and Cybersecurity Board of Advisors.
Sec. 404. Cybersecurity literacy.
Sec. 405. Understanding cybersecurity of mobile networks.
Sec. 406. Open RAN outreach.
TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS
Sec. 501. Establishment of the Office of Public Safety Communications.
TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS
Sec. 601. Office of International Affairs.
Sec. 602. Establishment of interagency national security review
process.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(3) Under secretary.--The term ``Under Secretary'' means the
Under Secretary of Commerce for Communications and Information.
TITLE I--REAUTHORIZATION
SEC. 101. REAUTHORIZATION OF THE NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION ORGANIZATION ACT.
(a) Authorization of Appropriations.--Section 151 of the National
Telecommunications and Information Administration Organization Act is
amended by striking ``$17,600,000 for fiscal year 1992 and $17,900,000
for fiscal year 1993'' and inserting ``$62,000,000 for fiscal year 2024
and $62,000,000 for fiscal year 2025''.
(b) Under Secretary of Commerce for Communications and Information.--
(1) Under secretary; deputy under secretary.--
(A) Under secretary.--The National Telecommunications
and Information Administration Organization Act (47
U.S.C. 901 et seq) is amended by striking ``Assistant
Secretary'' each place it appears and inserting ``Under
Secretary''.
(B) Deputy under secretary.--Section 103(a) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(a)), as
amended by 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) Continuation of civil actions.--This subsection, and the
amendments made by this subsection, shall not abate any civil
action commenced by or against the Assistant Secretary of
Commerce for Communications and Information before the date of
the enactment of this Act, except that the Under Secretary
shall be substituted as a party to the action on and after such
date.
(3) Continuation in office.--The individual serving as the
Assistant Secretary of Commerce for Communications and
Information and the individual serving as the Deputy Assistant
Secretary of Commerce for Communications and Information on the
day before the date of the enactment of this Act may serve as
the Under Secretary and the Deputy Under Secretary of Commerce
for Communications and Information, respectively, on and after
that date without the need for renomination or reappointment.
(4) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Assistant Secretary of Commerce for Communications and
Information shall, on and after the date of the enactment of
this Act, be deemed to be a reference to the Under Secretary.
(5) Executive schedule.--
(A) In general.--Subchapter II of chapter 53 of title
5, United States Code, is amended--
(i) in section 5314, by adding at the end the
following:
``Under Secretary of Commerce for Communications and
Information.''; and
(ii) in section 5315, in the item relating to
the Assistant Secretaries of Commerce, by
striking ``(11)'' and inserting ``(10)''.
(B) Effective date.--The amendment made by
subparagraph (A) (establishing the annual rate of the
basic pay of the Under Secretary) shall take effect on
the first day of the first pay period beginning after
the date of the enactment of this Act.
(c) Authorities and Responsibilities.--
(1) Coordination of executive branch views on matters before
the federal communications commission.--Section 105(a)(1) of
the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 904(a)(1)) is amended--
(A) by striking ``to ensure that the conduct'' and
inserting the following: ``to ensure that--
``(A) the conduct'';
(B) in subparagraph (A), as so designated, by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) the views of the executive branch on matters
presented to the Commission are, consistent with
section 103(b)(2)(J)--
``(i) appropriately coordinated; and
``(ii) reflective of executive branch
policy.''.
(2) Modernization of agency mission.--
(A) Policy.--Section 102(c) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 901(c)) is amended by
adding at the end the following:
``(6) Fostering the digital economy of the United States in
order to ensure the competitiveness, future economic growth,
and security of the United States.
``(7) Working to ensure that global communications networks
remain open and innovative, including without inappropriate
barriers to entry or operation.
``(8) With respect to the United States, in coordination with
the Commission, achieving the universal availability of and
access to telecommunications service and information service
(as those terms are defined in section 3 of the Communications
Act of 1934) and any technology related to such service.''.
(B) Assigned functions.--Section 103(b)(2) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(b)(2))
is amended--
(i) in the matter preceding subparagraph (A),
by inserting ``, some of which were'' before
``transferred to the Secretary'';
(ii) in subparagraph (H)--
(I) by inserting ``and information''
after ``telecommunications''; and
(II) by striking ``and emergency
readiness'' and inserting ``emergency
readiness, the flow of information, and
with respect to the United States, in
coordination with the Commission, the
universal availability of and access to
telecommunications service and
information service (as those terms are
defined in section 3 of the
Communications Act of 1934) and any
technology related to such service'';
(iii) in subparagraph (M), by inserting ``,
publish reports,'' after ``studies''; and
(iv) by inserting at the end the following:
``(V) The authority to conduct studies, publish
reports, and make recommendations--
``(i) on any Federal, State, local, or
private policy or practice relating to
communications, information, or the digital
economy of the United States; and
``(ii) that consider interoperability,
privacy, security, spectrum use, emergency
readiness, the flow of information, and with
respect to the United States, in coordination
with the Commission, the universal availability
of and access to telecommunications service and
information service (as those terms are defined
in section 3 of the Communications Act of 1934)
and any technology related to such service.''.
(3) Rule of construction.--Nothing in the amendments made by
paragraphs (1) and (2) may be construed to expand or contract
the authority of the Commission.
(d) Acceptance of Gifts and Bequests for the Under Secretary.--The
Under Secretary is hereby authorized to accept, hold, administer, and
utilize gifts and bequests of property, both real and personal, for the
purpose of aiding or facilitating the work of the NTIA. Gifts and
bequests of money and the proceeds from sales of other property
received as gifts or bequests shall be deposited in the Treasury in a
separate fund and shall be disbursed upon order of the Under Secretary.
Property accepted pursuant to this provision, and the proceeds thereof,
shall be used as nearly as possible in accordance with the terms of the
gift or bequest.
(e) Technical and Conforming Amendments.--
(1) Public telecommunications financing act of 1978.--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)),''.
(2) Communications act of 1934.--Section 344(d)(2) of the
Communications Act of 1934 (47 U.S.C. 344(d)(2)) is amended by
striking ``Assistant Secretary'' 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) Title 17, united states code.--Section 1201(a)(1)(C) of
title 17, United States Code, 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''.
(6) 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''.
(7) 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''.
(8) 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''.
(9) Warning, alert, and response network act.--Section 606 of
the Warning, Alert, and Response Network Act (47 U.S.C. 1205)
is amended--
(A) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''; and
(B) in subsection (b), in the first sentence, by
striking ``for7Communications'' and inserting ``for
Communications''.
(10) 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''.
(11) 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
(32) as paragraphs (4) through (31),
respectively; and
(iii) by inserting after paragraph (31), as
so redesignated, the following:
``(32) Under secretary.--The term `Under Secretary' means the
Under Secretary of Commerce for Communications and
Information.''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(12) 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''.
(13) 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''.
(14) 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''.
(15) Consolidated appropriations act, 2021.--The Consolidated
Appropriations Act, 2021 (Public Law 116-260) is amended--
(A) in title IX of division N--
(i) in section 902(a)(2), in the heading, by
striking ``Assistant secretary'' and inserting
``Under secretary'';
(ii) in section 905--
(I) in subsection (a)(1), in the
heading, by striking ``Assistant
secretary'' and inserting ``Under
secretary'';
(II) in subsection (c)(3)(B), in the
heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(III) in subsection (d)(2)(B), in the
heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading, by
striking ``Assistant secretary'' and inserting
``Under secretary''; and
(ii) by striking ``Assistant Secretary'' each
place the term appears and inserting ``Under
Secretary''.
(16) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in section 27003, by striking ``Assistant
Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in section 60102--
(I) in subsection (a)(2)(A), by
striking ``Assistant secretary'' and
inserting ``Under secretary'';
(II) in subsection (d)(1), by
striking ``Assistant secretary'' and
inserting ``Under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B), by
striking ``assistant
secretary'' and inserting
``under secretary''; and
(bb) in paragraph
(5)(B)(iii), by striking
``assistant secretary'' and
inserting ``under secretary'';
(ii) in title III--
(I) in section 60302(5), by striking
``Assistant secretary'' and inserting
``Under secretary''; and
(II) in section 60305(d)(2)(B)(ii),
by striking ``assistant secretary'' and
inserting ``under secretary'';
(iii) in section 60401(a)(2), by striking
``Assistant secretary'' and inserting ``Under
secretary''; and
(iv) by striking ``Assistant Secretary'' each
place the term appears and inserting ``Under
Secretary''; and
(C) 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''.
SEC. 102. NTIA CONSOLIDATED REPORTING ACT.
(a) Elimination of Certain Outdated or Completed Reporting
Requirements.--
(1) BTOP quarterly report.--Section 6001(d) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(d)) is
amended--
(A) in paragraph (2), by striking the semicolon at
the end and inserting ``; and'';
(B) in paragraph (3), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (4).
(2) Certain reports required by national telecommunications
and information administration organization act.--Sections 154,
155, and 156 of the National Telecommunications and Information
Administration Organization Act are repealed.
(3) Initial report required by section 9202(a)(1)(G) of the
ndaa for fiscal year 2021.--Section 9202(a)(1)(G) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) is amended--
(A) in clause (ii), by redesignating subclauses (I),
(II), and (III) as clauses (i), (ii), and (iii),
respectively, and conforming the margins of such
clauses accordingly; and
(B) by striking ``Reports to congress'' and all that
follows through ``For each fiscal year'' and inserting
``Annual report to congress.--For each fiscal year''.
(4) Report to president.--Section 105(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 904(a)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph (2).
(5) Effect on authority.--Nothing in this subsection or the
amendments made by this subsection may be construed to expand
or contract the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission.
(6) Other reports.--Nothing in this subsection or the
amendments made by this subsection may be construed to prohibit
or otherwise prevent the Secretary, the Under Secretary, the
NTIA, or the Commission from producing any additional reports
otherwise within the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission, respectively.
(b) Consolidated Annual Report.--
(1) In general.--In the first quarter of each calendar year,
the Under Secretary shall publish on the website of the NTIA
and submit to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that contains the reports
described in paragraph (2) for the fiscal year ending most
recently before the beginning of such quarter.
(2) Reports described.--The reports described in this
paragraph are the following:
(A) The report required by section 903(c)(2)(C) of
division FF of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1307(c)(2)(C)).
(B) If amounts in the Public Wireless Supply Chain
Innovation Fund established by section 9202(a)(1)(A)(i)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (47 U.S.C.
906(a)(1)(A)(i)) were available for the fiscal year
described in paragraph (1) of this subsection, the
report required by section 9202(a)(1)(G) of such Act
(47 U.S.C. 906(a)(1)(G)).
(C) If the Under Secretary awarded grants under
section 60304(d)(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1723(d)(1)) in the fiscal year
described in paragraph (1) of this subsection, the
report required by section 60306(a)(1)(A) of such Act
(47 U.S.C. 1725(a)(1)(A)).
(D) A summary of the reports for the fiscal year
described in paragraph (1) that are required to be
submitted to the Under Secretary by executive agencies
under section 107(b)(5) of the National
Telecommunications and Information Administration
Organization Act, as added by this Act.
(3) Timing of underlying reporting requirements.--
(A) Report of office of internet connectivity and
growth.--Section 903(c)(2)(C) of division FF of the
Consolidated Appropriations Act, 2021 (47 U.S.C.
1307(c)(2)(C)) is amended--
(i) in the matter preceding clause (i)--
(I) by striking ``Not later than 1
year after the date of the enactment of
this Act, and every year thereafter,''
and inserting ``In the first quarter of
each calendar year,''; and
(II) by inserting ``, for the fiscal
year ending most recently before the
beginning of such quarter,'' after ``a
report''; and
(ii) in clause (i), by striking ``for the
previous year''.
(B) Report on digital equity grant programs.--Section
60306(a)(1) of the Infrastructure Investment and Jobs
Act (47 U.S.C. 1725(a)(1)) is amended--
(i) in the matter preceding subparagraph (A),
by striking ``Not later than 1 year'' and all
that follows through ``shall--'' and inserting
the following: ``For the first fiscal year in
which the Under Secretary awards grants under
section 60304(d)(1), and each fiscal year
thereafter in which the Under Secretary awards
grants under such section, the Under Secretary
shall--''; and
(ii) in subparagraph (A)--
(I) by inserting ``in the first
quarter of the first calendar year that
begins after the end of such fiscal
year,'' before ``submit''; and
(II) by striking ``, for the year
covered by the report''.
(4) Satisfaction of underlying reporting requirements.--
(A) In general.--Except as provided in subparagraph
(B), the publication and submission of a report as
required by paragraph (1) in the first quarter of a
calendar year shall be treated as satisfying any
requirement to publish or otherwise make publicly
available or to submit to Congress or to a committee of
Congress a report described in paragraph (2) for the
fiscal year ending most recently before the beginning
of such quarter.
(B) Certain submission requirements.--At the time
when the Under Secretary submits a report required by
paragraph (1) to the committees described in such
paragraph, the Under Secretary shall submit any portion
of such report that relates to a report described in
paragraph (2)(C) to each committee of Congress not
described in paragraph (1) to which such report would
(without regard to subparagraph (A) of this paragraph)
be required to be submitted.
(5) Applicability.--Paragraph (1), and the amendments made by
paragraph (3), shall apply beginning on January 1 of the first
calendar year that begins after the date of the enactment of
this Act.
(c) Extension of Certain Audit and Reporting Requirements.--Section
902(c)(4)(A) of division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1306(c)(4)(A)) is amended by striking ``fiscal years 2021
and 2022'' and inserting ``fiscal years 2021, 2022, 2023, and 2024''.
(d) Definition.--In this section, the term ``Secretary'' means the
Secretary of Commerce.
TITLE II--OFFICE OF SPECTRUM MANAGEMENT
SEC. 201. OFFICE OF SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 106. OFFICE OF SPECTRUM MANAGEMENT.
``(a) Establishment.--There is established within the NTIA an Office
of Spectrum Management (in this section referred to as the `Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Spectrum Management (in this
section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--The Associate Administrator shall, at the direction of
the Under Secretary--
``(1) carry out responsibilities under section 103(b)(2)(A)
(relating to frequency assignments for radio stations belonging
to and operated by the United States), make frequency
allocations for frequencies that will be used by such stations,
and develop and maintain techniques, databases, measurements,
files, and procedures necessary for such allocations;
``(2) carry out responsibilities under section 103(b)(2)(K)
(relating to establishing policies concerning spectrum
assignments and use by radio stations belonging to and operated
by the United States) and provide Federal agencies with
guidance to ensure that the conduct of telecommunications
activities by such agencies is consistent with such policies;
``(3) represent the interests of Federal agencies in the
process through which the Commission and the NTIA jointly
determine the National Table of Frequency Allocations, and
coordinate with the Commission in the development of a
comprehensive long-range plan for improved management of all
electromagnetic spectrum resources;
``(4) appoint the chairpersons of and provide secretariat
functions for the Interdepartmental Radio Advisory Committee
and the PPSG (as defined in section 107(d));
``(5) carry out responsibilities under section 103(b)(2)(B)
(relating to authorizing a foreign government to construct and
operate a radio station at the seat of Government of the United
States) and assign frequencies for use by such stations;
``(6) provide advice and assistance to the Under Secretary
and coordinate with the Associate Administrator for
International Affairs in carrying out spectrum management
aspects of the international policy responsibilities of the
NTIA, including spectrum-related responsibilities under section
103(b)(2)(G);
``(7) advise and assist the Under Secretary on spectrum-
related technical and policy issues regarding--
``(A) the security of telecommunications in the
United States; and
``(B) systems and means to ensure such security;
``(8) in coordination with the Associate Administrator for
Policy Development and Cybersecurity, carry out spectrum-
related responsibilities under section 103(b)(2)(H) (relating
to coordination of the telecommunications activities of the
executive branch and assistance in the formulation of policies
and standards for such activities);
``(9) carry out spectrum-related responsibilities under
section 103(b)(2)(Q) (relating to certain activities with
respect to telecommunications resources);
``(10) carry out responsibilities under section 107 (relating
to improving spectrum management); and
``(11) carry out any other duties of the NTIA with respect to
spectrum policy that the Under Secretary may designate.''.
SEC. 202. IMPROVING SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 107. IMPROVING SPECTRUM MANAGEMENT.
``(a) Federal Coordination Procedures.--
``(1) Notice.--With respect to each spectrum action, not
later than the end of the period for submitting comments to the
Commission in the proceeding relating to the spectrum action,
the Under Secretary shall file in the public record with
respect to the proceeding information (redacted as necessary if
the information is protected from disclosure for a reason
described in paragraph (3)) regarding--
``(A) when the Commission provided notice to the
Under Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) the Federal entities that may be impacted by
the spectrum action;
``(C) when the Under Secretary provided notice to the
Federal entities described in subparagraph (B)
regarding the spectrum action;
``(D) a summary of any general technical or
procedural concerns raised by Federal entities to the
Under Secretary regarding the spectrum action; and
``(E) any policy concerns of the Under Secretary
regarding the spectrum action.
``(2) Final rule.--If the Commission promulgates a final rule
under section 553 of title 5, United States Code, involving a
spectrum action, the Commission shall prepare, make available
to the public, and publish in the Federal Register along with
the final rule an interagency coordination summary that
describes--
``(A) when the Commission provided notice to the
Under Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) whether the Under Secretary raised technical,
procedural, or policy concerns regarding the spectrum
action; and
``(C) how any concerns described in subparagraph (B)
were resolved.
``(3) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, or other information reflecting technical,
procedural, or policy concerns that is exempt from disclosure
under section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act').
``(4) FCC consideration.--The Commission may not consider any
technical, procedural, or policy concerns of a Federal entity
regarding a spectrum action unless such concerns are filed by
the Under Secretary on behalf of the Federal entity in the
public record with respect to the proceeding of the Commission
relating to the spectrum action.
``(b) Federal Spectrum Coordination Responsibilities.--
``(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Under Secretary shall
establish a charter for the PPSG.
``(2) PPSG representative.--
``(A) In general.--The head of each Federal entity
that is reflected in the membership of the PPSG, as
identified in the charter established under paragraph
(1), shall appoint a senior-level employee (or an
individual occupying a Senior Executive Service
position, as defined in section 3132(a) of title 5,
United States Code) who is eligible to receive a
security clearance that allows for access to sensitive
compartmented information to serve as the
representative of the Federal entity to the PPSG.
``(B) Security clearance requirement.--If an
individual appointed under subparagraph (A) is not
eligible to receive a security clearance described in
that subparagraph--
``(i) the appointment shall be invalid; and
``(ii) the head of the Federal entity making
the appointment shall appoint another
individual who satisfies the requirements of
that subparagraph, including the requirement
that the individual is eligible to receive such
a security clearance.
``(3) Duties.--An individual appointed under paragraph (2)
shall--
``(A) oversee the spectrum coordination policies and
procedures of the applicable Federal entity;
``(B) be responsible for timely notification to the
PPSG and to the Under Secretary of technical or
procedural concerns of the applicable Federal entity
regarding a spectrum action; and
``(C) work closely with the representative of the
applicable Federal entity to the Interdepartmental
Radio Advisory Committee.
``(4) Public contact.--
``(A) In general.--The head of each Federal entity
described in paragraph (2) shall list, on the website
of the Federal entity, the name and contact information
of the representative of the Federal entity to the
PPSG, as appointed under such paragraph.
``(B) NTIA responsibility.--The Under Secretary shall
publish on the public website of the NTIA a complete
list of the representatives to the PPSG appointed under
paragraph (2).
``(5) Annual report.--In the last quarter of each calendar
year, each executive agency that is authorized and directed to
cooperate with the NTIA under section 105(c)(2) shall submit to
the Under Secretary a report, for the fiscal year ending most
recently before the beginning of such quarter, describing the
steps taken in such fiscal year by the executive agency to
comply with such section.
``(c) Coordination Between Commission and NTIA.--
``(1) Updates.--Not later than 3 years after the date of the
enactment of this section, and every 4 years thereafter or more
frequently as appropriate, the Commission and the NTIA shall
update the Memorandum.
``(2) Nature of update.--The updates required by paragraph
(1) shall reflect such changing technological, procedural, and
policy circumstances as the Commission and the NTIA determine
necessary and appropriate.
``(d) Definitions.--In this section:
``(1) Memorandum.--The term `Memorandum' means the Memorandum
of Understanding between the Commission and the NTIA (relating
to increased coordination between Federal spectrum management
agencies to promote the efficient use of the radio spectrum in
the public interest), signed on August 1, 2022, or any
successor memorandum.
``(2) PPSG.--The term `PPSG' means the interagency advisory
body that, as of the date of the enactment of this section, is
known as the Policy and Plans Steering Group.
``(3) Spectrum action.--The term `spectrum action' means a
proposed action by the Commission to reallocate radio frequency
spectrum that is anticipated to result in a system of
competitive bidding conducted under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) or non-Federal
use that could potentially cause interference to the spectrum
operations of a Federal entity.''.
SEC. 203. SPECTRUM MANAGEMENT IMPROVEMENTS.
(a) Prototyping.--Consistent with subparagraphs (F), (L), (P), and
(U) of section 103(b)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 902(b)(2)), the
Under Secretary, in coordination with the Commission, shall develop,
establish, prototype, and support the implementation of common models,
common methodologies, and common inputs to inform electromagnetic
spectrum management decisions with respect to frequencies assigned on a
primary or co-primary basis to 1 or more Federal entities, such as--
(1) technologies and techniques to control radio frequency
emissions and interference;
(2) advanced antenna arrays, and artificial intelligence
systems and technologies capable of operating advanced antenna
arrays, including multiple-input, multiple-output antennas,
beam forming and steering technology, antenna nulling
technology, and conformal arrays;
(3) network sensing and monitoring technologies;
(4) advanced receivers that incorporate new technologies
supporting new waveforms and multiple bands;
(5) dynamic spectrum access technologies across wireless
systems and frequencies, including local-to-the-radio and
cognitive multidomain access;
(6) novel spectrum access technologies;
(7) artificial intelligence systems to enable dynamic
spectrum access, Internet of Things networks, and other
advanced communications technologies; and
(8) optical and quantum communications technologies.
(b) Spectrum Management and Advanced Communications Technologies.--
Section 104 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 903) is amended by adding at
the end the following:
``(f) Identification and Implementation of Spectrum Management
Technologies.--The Under Secretary shall identify and implement
technologies that promote, with respect to frequencies assigned on a
primary or co-primary basis to 1 or more Federal entities--
``(1) dynamic spectrum access;
``(2) network sensing and monitoring; and
``(3) optical and quantum communications.
``(g) Prototyping of Advanced Communications Technologies.--The Under
Secretary shall, with respect to frequencies assigned on a primary or
co-primary basis to 1 or more Federal entities--
``(1) encourage the development of, and broad participation
in, a skilled workforce to conduct prototyping of advanced
communications technologies; and
``(2) support partnerships among institutions to develop a
skilled workforce to conduct prototyping of advanced
communications technologies.''.
SEC. 204. INSTITUTE FOR TELECOMMUNICATION SCIENCES.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 108. INSTITUTE FOR TELECOMMUNICATION SCIENCES.
``(a) Establishment.--
``(1) In general.--Under the authority provided to the Under
Secretary under section 103, the Under Secretary shall operate
a test center to be known as the Institute for
Telecommunication Sciences (in this section referred to as
`ITS').
``(2) Functions.--
``(A) In general.--In addition to any functions
delegated by the Under Secretary under subparagraph
(B), ITS shall serve as the primary laboratory for the
executive branch of the Federal Government to--
``(i) study radio frequency emissions,
including technologies and techniques to
control such emissions and interference caused
by such emissions;
``(ii) determine spectrum propagation
characteristics;
``(iii) conduct tests on technology that
enhances the sharing of electromagnetic
spectrum between Federal and non-Federal users;
``(iv) improve the interference tolerance of
Federal systems operating with, or using,
Federal spectrum;
``(v) promote activities relating to access
to Federal spectrum by non-Federal users and
the sharing of Federal spectrum between Federal
and non-Federal users; and
``(vi) conduct such other activities as
determined necessary by the Under Secretary.
``(B) Additional functions.--The Under Secretary may
delegate to ITS any of the functions assigned to the
Under Secretary under section 103(b)(1).
``(3) Agreements and transactions.--In carrying out the
functions described in paragraph (2), the Under Secretary,
acting through the head of ITS, may enter into agreements as
provided under the following authorities:
``(A) Sections 11 and 12 of the Stevenson-Wydler
Technology Innovation Act of 1980.
``(B) Section 1535 of title 31, United States Code.
``(C) Sections 207 and 209 of title 35, United States
Code.
``(D) Section 103(b)(2) of this Act.
``(E) Section 113(g) of this Act.
``(F) The first undesignated section of Public Law
91-412.
``(G) Authority provided under any other Federal
statute.
``(4) Federal spectrum defined.--In this subsection, the term
`Federal spectrum' means frequencies assigned on a primary
basis to a Federal entity (as defined in section 113(l)).
``(b) Emergency Communication and Tracking Technologies Initiative.--
``(1) Establishment.--The Under Secretary, acting through the
head of ITS, shall establish an initiative to support the
development of emergency communication and tracking
technologies for use in locating trapped individuals in
confined spaces, such as underground mines, and other shielded
environments, such as high-rise buildings or collapsed
structures, where conventional radio communication is limited.
``(2) Activities.--In order to carry out this subsection, the
Under Secretary, acting through the head of ITS, shall work
with private sector entities and the heads of appropriate
Federal agencies, to--
``(A) perform a needs assessment to identify and
evaluate the measurement, technical specifications, and
conformity assessment needs required to improve the
operation and reliability of such emergency
communication and tracking technologies; and
``(B) support the development of technical
specifications and conformance architecture to improve
the operation and reliability of such emergency
communication and tracking technologies.
``(3) Report.--Not later than 18 months after the date of the
enactment of this section, the Under Secretary shall submit to
Congress, and make publicly available, a report on the
assessment performed under paragraph (2)(A).''.
SEC. 205. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 109. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.
``(a) Establishment.--
``(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Under Secretary shall
establish within the NTIA a Commerce Spectrum Management
Advisory Committee (referred to in this section as the
`CSMAC').
``(2) Existing advisory committees.--A Federal advisory
committee of the NTIA that is operating, on the date of the
enactment of this section, under a charter for the purpose of
carrying out duties substantially similar to the duties
described in subsection (b), satisfies the requirements of
paragraph (1) if the membership of such committee complies with
subsection (c) or is modified to comply with such subsection
not later than 90 days after the date of the enactment of this
section.
``(b) Duties.--The CSMAC shall advise and make recommendations to the
Under Secretary with respect to--
``(1) developing and maintaining spectrum management policies
that enable the United States to maintain or strengthen its
global leadership role in the introduction of innovative
communications technologies and services, including those that
enable critical missions of the Federal Government;
``(2) objectives that advance spectrum-based innovation,
including facilitating access to--
``(A) wireless broadband internet access service;
``(B) space-based services;
``(C) non-communications services, including
radiolocation services and sensing services; and
``(D) other emerging technologies;
``(3) fostering increased spectrum sharing among all users;
``(4) promoting innovation and rapid advances in technology
that support the more efficient use of spectrum;
``(5) authorizing radio systems and frequencies in a way that
maximizes the benefits to the public;
``(6) establishing a long-range spectrum planning process and
identifying international opportunities to advance the economic
interests of the United States through spectrum management;
``(7) how best to leverage radio frequency-related research,
development, and testing and evaluation efforts;
``(8) ways to foster more efficient and innovative uses of
electromagnetic spectrum resources across the Federal
Government, subject to and consistent with the needs and
missions of Federal agencies;
``(9) new issues associated with spectrum sharing on
frequencies assigned on a primary or co-primary basis to 1 or
more Federal entities, including harmful interference and
associated enforcement challenges; and
``(10) developing balanced policies that promote licensed,
unlicensed, and other forms of access to spectrum.
``(c) Members.--
``(1) Composition of committee.--To the extent practicable,
the CSMAC shall be composed of not less than 10 but not more
than 30 members appointed by the Under Secretary with the goal
of providing a balanced representation of--
``(A) non-Federal spectrum users;
``(B) State government and local government;
``(C) technology developers and manufacturers;
``(D) academia;
``(E) civil society;
``(F) providers of mobile broadband internet access
service and providers of fixed broadband internet
access service, including--
``(i) providers with customers in both
domestic and international markets;
``(ii) small providers; and
``(iii) rural providers;
``(G) providers of communications services using
satellite communications networks;
``(H) Federal spectrum users; and
``(I) Tribal organizations.
``(2) Appointments.--
``(A) In general.--The Under Secretary shall appoint
members to the CSMAC for up to a two-year term, except
that members may be reappointed for additional terms by
the Under Secretary.
``(B) Removal.--Each member appointed under
subparagraph (A) shall serve on the CSMAC at the
pleasure and discretion of the Under Secretary.
``(3) Chair.--
``(A) Appointment.--The Under Secretary shall appoint
one or more members from among those appointed to the
CSMAC to serve as Chair or Co-Chairs of the CSMAC.
``(B) Service.--The Chair, or Co-Chairs, as the case
may be, shall serve at the pleasure and discretion of
the Under Secretary.
``(4) Vacancy.--A vacancy on the CSMAC shall be filled in the
manner in which the original appointment was made and the
member so appointed shall serve for the remainder of the term.
``(5) Compensation.--The members of the CSMAC shall serve
without compensation.
``(d) Subcommittees.--
``(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary for the
performance by the CSMAC of the duties described under
subsection (b), the CSMAC may establish subcommittees, working
groups, standing committees, ad hoc groups, task groups, or
other subgroups of the CSMAC.
``(2) Limitations and additional participation.--Any
subcommittee, working group, standing committee, ad hoc group,
task group, or other subgroup established under paragraph (1)--
``(A) shall report to the CSMAC;
``(B) may not provide any advice, recommendation, or
other work product directly to the Under Secretary; and
``(C) may seek participation by any person who is not
a member of the CSMAC to inform the activity of such
subcommittee, working group, standing committee, ad hoc
group, task group, or other subgroup.
``(e) Duration.--Section 1013(a)(2)(B) of title 5, United States Code
(relating to the termination of advisory committees) shall not apply to
the CSMAC.''.
SEC. 206. INCUMBENT INFORMING CAPABILITY.
Part B of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by
adding at the end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Under Secretary shall--
``(1) not later than 120 days after the date of the enactment
of this section, begin to amend the Department of Commerce
spectrum management document entitled `Manual of Regulations
and Procedures for Federal Radio Frequency Management' so as to
incorporate an incumbent informing capability; and
``(2) not later than the date on which amounts appropriated
to carry out this section are first made available, begin to
implement such capability, including the development and
testing of such capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing, to securely manage
harmful interference between non-Federal users and incumbent
Federal entities sharing a band of covered spectrum and between
Federal entities sharing a band of covered spectrum.
``(2) Requirements for system.--The system required by
paragraph (1) shall contain, at a minimum, the following:
``(A) One or more mechanisms to allow non-Federal use
in covered spectrum, as authorized by the rules of the
Commission. Such mechanism or mechanisms shall include
interfaces to commercial sharing systems, as
appropriate.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis, definition,
and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(A) input into the system required by paragraph (1)
such information as the Under Secretary may require,
including the frequency, time, and location of the use
of the band by such Federal entity; and
``(B) to the extent practicable, input such
information into such system on an automated basis.
``(5) Protection of classified information and controlled
unclassified information.--The system required by paragraph (1)
shall contain appropriate measures to protect classified
information and controlled unclassified information, including
any such classified information or controlled unclassified
information that relates to military operations.
``(c) Briefing.--Not later than 1 year after the date on which
amounts appropriated to carry out this section are first made
available, the Under Secretary shall provide a briefing on the
implementation of this section to the Committee on Energy and Commerce
of the House of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum' means--
``(A) electromagnetic spectrum for which usage rights
are assigned to or authorized for (including before the
date on which the incumbent informing capability
required by subsection (a) is implemented) a non-
Federal user or class of non-Federal users for use on a
shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a primary
or co-primary basis for Federal use that is shared
among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section may be construed
to alter or expand the authority of the NTIA as described in section
113(j)(1).''.
SEC. 207. VOLUNTARY CRITERIA, STANDARDS, RATINGS, AND OTHER MEASURES
FOR CERTAIN RADIO RECEIVERS.
(a) Establishment of Working Group.--
(1) In general.--Not later than 90 days after the date of the
enactment of this Act, the Under Secretary shall convene a
working group to assist the Under Secretary in developing, and
periodically updating, voluntary criteria, standards, ratings,
and other measures with respect to radio receivers operating in
Federal systems in spectrum bands allocated for exclusive
Federal use.
(2) Purpose.--The purpose of the voluntary criteria,
standards, ratings, and other measures developed, and
periodically updated, by the Under Secretary under this
section, with the assistance of the working group, shall be to
provide guidance on the design, manufacture, and sale of radio
receivers designed (in whole or in part) to operate in Federal
systems in spectrum bands allocated for exclusive Federal use--
(A) with respect to the incorporation of appropriate
measures to mitigate, or enhance resiliency to,
potential harmful interference; and
(B) with the goal of ensuring that the reasonable
current and future use of cochannel and non-cochannel
spectrum, including use by non-Federal systems of
spectrum designated by the Commission for commercial
operations, will not result in the operation of such
receivers being seriously degraded or obstructed,
including such operation being repeatedly interrupted.
(3) Chair; members; participation by federal entities.--
(A) Chair and members.--The Chair of the working
group shall be the Under Secretary and the working
group shall include representatives from the following:
(i) The Commission.
(ii) The communications industry.
(iii) Academia.
(iv) Entities that manufacture radio
receivers.
(v) Entities that establish technical
specifications for radio receivers.
(B) Participation by federal entities.--The Under
Secretary shall invite a representative from each
Federal entity to participate in the working group.
(4) Federal advisory committee act exemption.--Chapter 10 of
title 5, United States Code, shall not apply to the working
group.
(b) Publication of Voluntary Criteria, Standards, Ratings, and Other
Measures.--Not later than 18 months after the date on which the working
group is convened, the Under Secretary shall publish, consistent with
the protection of classified information and intelligence sources and
methods, the voluntary criteria, standards, ratings, and other measures
developed pursuant to subsection (a) on a publicly accessible page on
the website of the NTIA and in the Federal Register.
(c) Periodic Review and Update.--Not less frequently than every 4
years, the Under Secretary shall review and update, if appropriate, the
voluntary criteria, standards, ratings, and other measures published
under subsection (b). Any such update shall be published as described
in subsection (b) not later than 14 days after the date on which the
update is completed.
(d) Consideration.--In developing, and periodically updating,
voluntary criteria, standards, ratings, and other measures under this
section, the Under Secretary shall take into consideration the unique
technical and operational characteristics of different Federal systems.
(e) Rule of Construction.--Nothing in this section may be construed
to provide authority for the establishment of any--
(1) mandatory criteria, standards, ratings, or other
measures; or
(2) voluntary criteria, standards, ratings, or other measures
with technical parameters not determined by the Under
Secretary.
(f) Definitions.--In this section:
(1) Federal entity.--The term ``Federal entity'' has the
meaning given such term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(2) Federal system.--The term ``Federal system'' means a
system of radio stations belonging to and operated by the
Federal Government that receives radio frequency signals on
spectrum that is allocated exclusively for Federal use or
allocated for shared Federal and non-Federal use.
(3) Working group.--The term ``working group'' means the
working group convened under subsection (a)(1).
TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
SEC. 301. NATIONAL STRATEGY TO CLOSE DIGITAL DIVIDE.
(a) National Strategy.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Under Secretary, in consultation
with the heads of the covered agencies, shall develop and
submit to the appropriate committees of Congress a National
Strategy to Close the Digital Divide to--
(A) support better management of Federal broadband
programs to deliver on the goal of providing high-
speed, affordable broadband internet access service to
all individuals in the United States;
(B) synchronize interagency coordination among
covered agencies for Federal broadband programs;
(C) synchronize interagency coordination regarding
the process for approving the grant of an easement,
right of way, or lease to, in, over, or on a building
or any other property owned by the Federal Government
for the right to install, construct, modify, or
maintain infrastructure with respect to broadband
internet access service; and
(D) reduce barriers, lower costs, and ease
administrative burdens for State, local, and Tribal
governments to participate in Federal broadband
programs.
(2) Required contents.--The Strategy shall--
(A) list all--
(i) Federal broadband programs; and
(ii) programs known to the NTIA that exist at
the State and local levels that are directly or
indirectly intended to increase the deployment
of, access to, the affordability of, or the
adoption of broadband internet access service;
(B) describe current, as of the date on which the
Strategy is submitted, Federal efforts to coordinate
Federal broadband programs;
(C) identify gaps, limitations, and requirements,
including with respect to laws and data, that hinder,
or may hinder, coordination across Federal broadband
programs;
(D) establish clear roles and responsibilities for
the heads of the covered agencies, as well as clear
goals, objectives, and performance measures, for--
(i) the management of all Federal broadband
programs; and
(ii) interagency coordination efforts with
respect to Federal broadband programs;
(E) address the sources and types of resources and
investments needed by covered agencies to carry out the
Strategy, and where those resources and investments
should be targeted based on balancing risk reductions
with costs;
(F) address factors that increase the costs and
administrative burdens for State, local, and Tribal
governments with respect to participation in Federal
broadband programs;
(G) recommend incentives, legislative solutions, and
administrative actions to help State, local, and Tribal
governments more efficiently--
(i) distribute, and effectively administer,
funding received from Federal broadband
programs; and
(ii) resolve conflicts with respect to the
funding described in clause (i);
(H) recommend incentives, legislative solutions, and
administrative actions to--
(i) improve the coordination and management
of Federal broadband programs; and
(ii) eliminate duplication with respect to
Federal broadband programs;
(I) describe current, as of the date on which the
Strategy is submitted, efforts by covered agencies to
streamline the process for granting access to an
easement, right of way, or lease to, in, over, or on a
building or any other property owned by the Federal
Government for the right to install, construct, modify,
or maintain infrastructure with respect to broadband
internet access service;
(J) identify gaps and limitations with respect to
allowing regional, interstate, or cross-border economic
development organizations to participate in Federal
broadband programs; and
(K) address specific issues relating to closing the
digital divide on Tribal lands.
(3) Public consultation.--In developing the Strategy, the
Under Secretary shall consult with--
(A) groups that represent consumers or the interests
of the public, including economically or socially
disadvantaged individuals;
(B) subject matter experts;
(C) providers of broadband internet access service;
(D) Tribal entities; and
(E) State and local agencies and entities.
(b) Implementation Plan.--
(1) In general.--Not later than 240 days after the date on
which the Under Secretary submits the Strategy to the
appropriate committees of Congress under subsection (a)(1), the
Under Secretary, in consultation with the heads of the covered
agencies, shall develop and submit to the appropriate
committees of Congress an implementation plan for the Strategy.
(2) Required contents.--The Implementation Plan shall, at a
minimum--
(A) provide a plan for implementing the roles,
responsibilities, goals, objectives, and performance
measures for the management of Federal broadband
programs and interagency coordination efforts
identified in the Strategy;
(B) provide a plan for coordinating with covered
agencies on the roles, responsibilities, goals,
objectives, and performance measures identified in the
Strategy;
(C) describe the roles and responsibilities of the
covered agencies, and the interagency mechanisms, to
coordinate the implementation of the Strategy;
(D) provide a plan for regular meetings among the
heads of the covered agencies to coordinate the
implementation of the Strategy and improve coordination
among Federal broadband programs and for permitting
processes for infrastructure with respect to broadband
internet access service;
(E) provide a plan for regular engagement with
interested members of the public to evaluate Federal
broadband programs, permitting processes for
infrastructure with respect to broadband internet
access service, and progress in implementing the
Strategy;
(F) with respect to the awarding of Federal funds or
subsidies to support the deployment of broadband
internet access service, provide a plan for the
adoption of--
(i) common data sets to use when making
awards, including a requirement that covered
agencies use the maps created under title VIII
of the Communications Act of 1934 (47 U.S.C.
641 et seq.); and
(ii) applications regarding those awards, as
described in section 903(e) of the ACCESS
BROADBAND Act (47 U.S.C. 1307(e));
(G) provide a plan to monitor and reduce waste,
fraud, and abuse in Federal broadband programs,
including wasteful spending resulting from fragmented,
overlapping, and unnecessarily duplicative programs;
(H) require consistent obligation and expenditure
reporting by covered agencies for Federal broadband
programs, which shall be consistent with section
903(c)(2) of the ACCESS BROADBAND Act (47 U.S.C.
1307(c)(2));
(I) provide a plan to--
(i) increase awareness of, and participation
and enrollment in, Federal broadband programs
relating to the affordability and adoption of
broadband internet access service;
(ii) adopt common data sets to evaluate the
performance of such Federal broadband programs
and make such data sets available as open
Government data assets; and
(iii) address barriers to participation in
such Federal broadband programs for eligible
households;
(J) provide a plan to monitor the service offerings,
consistency, and quality of broadband internet access
service supported by Federal broadband programs; and
(K) describe the administrative and legislative
action that is necessary to carry out the Strategy.
(3) Public comment.--Not later than 30 days after the date on
which the Under Secretary submits the Strategy to the
appropriate committees of Congress under subsection (a)(1), the
Under Secretary shall seek public comment regarding the
development and execution of the Implementation Plan.
(c) Briefings and Implementation.--
(1) Briefing.--Not later than 21 days after the date on which
the Under Secretary submits the Implementation Plan to the
appropriate committees of Congress under subsection (b)(1), the
Under Secretary, and appropriate representatives from the
covered agencies involved in the formulation of the Strategy,
shall provide a briefing on the implementation of the Strategy
to the appropriate committees of Congress.
(2) Implementation.--The Under Secretary shall--
(A) implement the Strategy in accordance with the
terms of the Implementation Plan; and
(B) not later than 90 days after the date on which
the Under Secretary begins to implement the Strategy,
and not less frequently than once every 90 days
thereafter until the date on which the Implementation
Plan is fully implemented, brief the appropriate
committees of Congress on the progress in implementing
the Implementation Plan.
(d) Government Accountability Office Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study that shall--
(A) examine the efficacy of the Strategy and the
Implementation Plan in closing the digital divide; and
(B) make recommendations regarding how to improve the
Strategy and the Implementation Plan.
(2) Report.--Not later than 1 year after the date on which
the Under Secretary submits the Implementation Plan to the
appropriate committees of Congress under subsection (b)(1), the
Comptroller General shall submit to the appropriate committees
of Congress a report on the results of the study conducted
under paragraph (1).
(e) Rule of Construction.--Nothing in this section may be construed
to affect the authority or jurisdiction of the Commission or confer
upon the Under Secretary or any executive agency the power to direct
the actions of the Commission, either directly or indirectly.
(f) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the House
of Representatives.
(2) Covered agencies.--The term ``covered agencies'' means--
(A) the Commission;
(B) the Department of Agriculture;
(C) the NTIA;
(D) the Department of Health and Human Services;
(E) the Appalachian Regional Commission;
(F) the Delta Regional Authority;
(G) the Economic Development Administration;
(H) the Department of Education;
(I) the Department of the Treasury;
(J) the Department of Transportation;
(K) the Institute of Museum and Library Services;
(L) the Northern Border Regional Commission;
(M) the Department of Housing and Urban Development;
and
(N) the Department of the Interior.
(3) Federal broadband program.--The term ``Federal broadband
program'' means any program administered by a covered agency
that is directly or indirectly intended to increase the
deployment of, access to, the affordability of, or the adoption
of broadband internet access service.
(4) Implementation plan.--The term ``Implementation Plan''
means the implementation plan developed under subsection
(b)(1).
(5) State.--The term ``State'' means each State of the United
States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(6) Strategy.--The term ``Strategy'' means the National
Strategy to Close the Digital Divide developed under subsection
(a)(1).
TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY
SEC. 401. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.
(a) In General.--Part A of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``SEC. 110. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.
``(a) Establishment.--There is established within the NTIA an Office
of Policy Development and Cybersecurity (in this section referred to as
the `Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Policy Development and
Cybersecurity (in this section referred to as the `Associate
Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--
``(1) In general.--The Associate Administrator shall, at the
direction of the Under Secretary, oversee and conduct national
communications and information policy analysis and development
for the internet and communications technologies.
``(2) Particular duties.--In carrying out paragraph (1), the
Associate Administrator shall, at the direction of the Under
Secretary--
``(A) develop, analyze, and advocate for market-based
policies that promote innovation, competition, consumer
access, digital inclusion, workforce development, and
economic growth in the communications, media, and
technology markets;
``(B) conduct studies, as delegated by the Under
Secretary or required by Congress, on how individuals
in the United States access and use the internet,
wireline and wireless telephony, mass media, other
digital services, and video services;
``(C) coordinate transparent, consensus-based,
multistakeholder processes to create guidance for and
to support the development and implementation of
cybersecurity and privacy policies with respect to the
internet and other communications networks;
``(D) promote increased collaboration between
security researchers and providers of communications
services and software system developers;
``(E) perform such duties as the Under Secretary
considers appropriate relating to the program for
preventing future vulnerabilities established under
section 8(a) of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607(a));
``(F) advocate for policies that promote the security
and resilience to cybersecurity incidents of
communications networks while fostering innovation,
including policies that promote secure communications
network supply chains;
``(G) present security of the digital economy and
infrastructure and cybersecurity policy efforts before
the Commission, Congress, and elsewhere;
``(H) provide advice and assistance to the Under
Secretary in carrying out the policy responsibilities
of the NTIA with respect to cybersecurity policy
matters, including the evaluation of the impact of
cybersecurity matters pending before the Commission,
other Federal agencies, and Congress;
``(I) in addition to the duties described in
subparagraph (H), perform such other duties regarding
the policy responsibilities of the NTIA with respect to
cybersecurity policy matters as the Under Secretary
considers appropriate;
``(J) develop policies to accelerate innovation and
commercialization with respect to advances in
technological understanding of communications
technologies;
``(K) identify barriers to trust, security,
innovation, and commercialization with respect to
communications technologies, including access to
capital and other resources, and ways to overcome such
barriers;
``(L) provide public access to relevant data,
research, and technical assistance on innovation and
commercialization with respect to communications
technologies, consistent with the protection of
classified information;
``(M) strengthen collaboration on and coordination of
policies relating to innovation and commercialization
with respect to communications technologies, including
policies focused on the needs of small businesses and
rural communities--
``(i) within the Department of Commerce;
``(ii) between the Department of Commerce and
State government agencies, as appropriate; and
``(iii) between the Department of Commerce
and the Commission or any other Federal agency
the Under Secretary determines to be necessary;
and
``(N) solicit and consider feedback from small and
rural communications service providers, as
appropriate.''.
(b) Redesignation of Associate Administrator; Continuation of
Service.--
(1) Redesignation.--The position of Associate Administrator
for Policy Analysis and Development at the NTIA is hereby
redesignated as the position of Associate Administrator for
Policy Development and Cybersecurity.
(2) Continuation of service.--The individual serving as
Associate Administrator for Policy Analysis and Development at
the NTIA on the date of the enactment of this Act shall become,
as of such date, the Associate Administrator for Policy
Development and Cybersecurity.
SEC. 402. ECONOMIC COMPETITIVENESS OF INFORMATION AND COMMUNICATION
TECHNOLOGY SUPPLY CHAIN.
(a) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the information
and communication technology supply chain that--
(1) identifies--
(A) information and communication technology critical
to the economic competitiveness of the United States;
and
(B) the industrial capacity of--
(i) United States vendors that produce
information and communication technology
identified under subparagraph (A); and
(ii) trusted information and communication
technology vendors that produce information and
communication technology identified under
subparagraph (A);
(2) assesses the economic competitiveness of vendors
described under paragraph (1)(B);
(3) assesses whether, and to what extent, there is a
dependence by providers of advanced telecommunications
capability in the United States on information and
communication technology identified under paragraph (1)(A) that
is not trusted;
(4) identifies--
(A) what actions by the Federal Government are needed
to support, and bolster the economic competitiveness
of, trusted information and communication technology
vendors; and
(B) what Federal resources are needed to reduce
dependence by providers of advanced telecommunications
capability in the United States on companies that--
(i) produce information and communication
technology; and
(ii) are not trusted; and
(5) defines lines of effort and assigns responsibilities for
a whole-of-Government response to ensuring the competitiveness
of the information and communication technology supply chain in
the United States.
(b) Whole-of-Government Strategy.--
(1) In general.--The Secretary shall develop, on the basis of
the report required by subsection (a), a whole-of-Government
strategy to ensure the economic competitiveness of trusted
information and communication technology vendors that
includes--
(A) recommendations on how--
(i) to strengthen the structure, resources,
and authorities of the Federal Government to
support the economic competitiveness of trusted
information and communication technology
vendors, including United States vendors that
are trusted information and communication
technology vendors; and
(ii) the Federal Government can address any
barriers to a market-based solution for
increasing the economic competitiveness of such
information and communication technology
vendors;
(B) defined lines of effort and responsibilities for
Federal agencies to implement the strategy; and
(C) a description of--
(i) any change to a Federal program, Federal
law, or structure of the Federal Government
necessary to implement any recommendation under
subparagraph (A); and
(ii) any additional Federal resource
necessary to implement any recommendation under
subparagraph (A).
(2) Report.--Not later than 180 days after the submission of
the report required by subsection (a), the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the strategy
developed under paragraph (1).
(c) Consultation Required.--In carrying out subsections (a) and (b),
the Secretary shall consult with--
(1) a cross-section of trusted information and communication
technology vendors; and
(2) the Secretary of State, the Secretary of Homeland
Security, the Attorney General, the Director of National
Intelligence, the Chair of the Commission, and any other head
of an agency the Secretary determines necessary.
(d) Definitions.--In this section:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given that term in section 706(d) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(d)).
(2) Information and communication technology.--The term
``information and communication technology'' means a technology
(including software), component, or material that enables
communications by radio or wire.
(3) Information and communication technology supply chain.--
The term ``information and communication technology supply
chain'' means all of the companies that produce information and
communication technology.
(4) Not trusted.--The term ``not trusted'' means, with
respect to a company or information and communication
technology, that the company or information and communication
technology is determined by the Secretary to pose an
unacceptable risk to the national security of the United States
or the security and safety of United States persons based
solely on one or more determinations described under paragraphs
(1) through (4) of section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Under Secretary.
(6) Trusted.--The term ``trusted'' means, with respect to a
company, that the Secretary has not determined that the company
is not trusted.
(7) Trusted information and communication technology
vendor.--The term ``trusted information and communication
technology vendor'' means a company--
(A) that produces information and communication
technology; and
(B) that is trusted.
SEC. 403. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110A. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.
``(a) Establishment.--There is established within the NTIA a Digital
Economy and Cybersecurity Board of Advisors (in this section referred
to as the `Board').
``(b) Duties.--The Board shall provide to the Under Secretary
recommendations (for implementation by the Under Secretary or that the
Under Secretary could recommend for implementation by other appropriate
entities) with respect to the following:
``(1) Technical cybersecurity best practices that enable
economic growth while securing information and communications
networks, including practices that Federal and non-Federal
entities can implement to secure internet routing protocols,
including the Border Gateway Protocol used by Federal and non-
Federal entities.
``(2) Cybersecurity policies to support the development and
implementation of cybersecurity practices with respect to the
internet and information and communications networks.
``(3) Policies that foster collaboration through public-
private partnerships to promote the security and resilience to
cybersecurity incidents of information and communications
networks while fostering innovation, including policies that
promote secure supply chains for information and communications
networks.
``(4) Policies to remove barriers to trust, security,
innovation, and commercialization with respect to information
and communications networks.
``(c) Members.--
``(1) Composition.--
``(A) In general.--The Board shall be composed of not
fewer than 5, and not more than 25, members appointed
by the Under Secretary.
``(B) Expertise.--Each member of the Board shall have
cybersecurity or supply chain security technical
expertise, cybersecurity or supply chain security
policy expertise, or expertise in managing or
overseeing the cybersecurity or supply chain security
functions of a business.
``(C) Representation.--In appointing members of the
Board under subparagraph (A), the Under Secretary shall
ensure that the members appointed provide a balanced
representation of the following:
``(i) Chief cybersecurity officers or other
qualified individuals employed in cybersecurity
positions, representing both the public and
private sectors.
``(ii) Persons who operate or maintain
information and communications networks,
including persons who operate or maintain small
or rural information and communications
networks.
``(iii) Vendors that produce or provide
equipment used in information and
communications networks.
``(iv) Vendors that produce or provide
software used in information and communications
networks.
``(v) Persons who operate or maintain
internet applications.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraphs (C) and (D), each member of the Board
shall be appointed for a term of a length not to exceed
2 years, to be determined by the Under Secretary.
``(B) Reappointment.--A member of the Board,
including a member appointed to fill a vacancy as
provided in subparagraph (D), may be reappointed for 1
or more additional terms by the Under Secretary.
``(C) Removal.--The Under Secretary may remove a
member of the Board at the discretion of the Under
Secretary.
``(D) Vacancy.--Any member of the Board appointed to
fill a vacancy occurring before the expiration of the
term for which the predecessor of the member was
appointed shall be appointed only for the remainder of
such term. A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
``(3) Chair.--The Chair of the Board shall be the Associate
Administrator of the NTIA for Policy Development and
Cybersecurity.
``(4) Compensation.--The members of the Board shall serve
without compensation.
``(d) Subcommittees.--
``(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary for the
performance by the Board of the duties described in subsection
(b), the Board may establish subcommittees, working groups,
standing committees, ad hoc groups, task groups, or other
subgroups of the Board.
``(2) Limitation.--Any subcommittee, working group, standing
committee, ad hoc group, task group, or other subgroup of the
Board established under paragraph (1)--
``(A) shall report to the Board; and
``(B) may not provide any advice, recommendation, or
other work product directly to the Under Secretary.
``(e) Termination.--Notwithstanding section 1013 of title 5, United
States Code, the Board shall terminate on the date that is 4 years
after the date of the enactment of this section.
``(f) Definitions.--In this section:
``(1) Border gateway protocol.--The term `Border Gateway
Protocol' means the routing protocol used to exchange network
reachability information among independently managed networks
on the internet.
``(2) Information and communications network.--The term
`information and communications network' means a network that
provides advanced telecommunications capability (as defined in
section 706(d) of the Telecommunications Act of 1996 (47 U.S.C.
1302(d))).''.
SEC. 404. CYBERSECURITY LITERACY.
(a) Sense of Congress.--It is the sense of Congress that the United
States has a national security and economic interest in promoting
cybersecurity literacy amongst the general public.
(b) In General.--The Under Secretary shall develop and conduct a
cybersecurity literacy campaign (which shall be available in multiple
languages and formats, if practicable) to increase the knowledge and
awareness of individuals in the United States with respect to best
practices to reduce cybersecurity risks.
(c) Campaign Requirements.--In carrying out subsection (b), the Under
Secretary shall--
(1) educate individuals in the United States on how to
prevent and mitigate cyberattacks and cybersecurity risks,
including by--
(A) instructing such individuals on how to identify--
(i) phishing emails and messages; and
(ii) secure websites;
(B) instructing such individuals about the benefits
of changing default passwords on hardware and software
technology;
(C) encouraging the use of cybersecurity tools,
including--
(i) multi-factor authentication;
(ii) complex passwords;
(iii) anti-virus software;
(iv) patching and updating software and
applications; and
(v) virtual private networks;
(D) identifying the devices that could pose possible
cybersecurity risks, including--
(i) personal computers;
(ii) smartphones;
(iii) tablets;
(iv) Wi-Fi routers;
(v) smart home appliances;
(vi) webcams;
(vii) internet-connected monitors; and
(viii) any other device that can be connected
to the internet, including mobile devices other
than smartphones and tablets;
(E) encouraging such individuals to--
(i) regularly review mobile application
permissions;
(ii) decline privilege requests from mobile
applications that are unnecessary;
(iii) download applications only from trusted
vendors or sources; and
(iv) consider a product's life cycle and the
developer or manufacturer's commitment to
providing security updates during a connected
device's expected period of use; and
(F) identifying the potential cybersecurity risks of
using publicly available Wi-Fi networks and the methods
a user may utilize to limit such risks; and
(2) encourage individuals in the United States to use
resources to help mitigate the cybersecurity risks identified
in this subsection.
SEC. 405. UNDERSTANDING CYBERSECURITY OF MOBILE NETWORKS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary, in consultation with the
Department of Homeland Security, shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
examining the cybersecurity of mobile service networks and the
vulnerability of such networks and mobile devices to cyberattacks and
surveillance conducted by adversaries.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the degree to which providers of mobile
service have addressed, are addressing, or have not addressed
cybersecurity vulnerabilities (including vulnerabilities the
exploitation of which could lead to surveillance conducted by
adversaries) identified by academic and independent
researchers, multistakeholder standards and technical
organizations, industry experts, and Federal agencies,
including in relevant reports of--
(A) the NTIA;
(B) the National Institute of Standards and
Technology; and
(C) the Department of Homeland Security, including--
(i) the Cybersecurity and Infrastructure
Security Agency; and
(ii) the Science and Technology Directorate.
(2) A discussion of--
(A) the degree to which customers (including
consumers, companies, and government agencies) consider
cybersecurity as a factor when considering the purchase
of mobile service and mobile devices; and
(B) the commercial availability of tools, frameworks,
best practices, and other resources for enabling such
customers to evaluate cybersecurity risk and price
tradeoffs.
(3) A discussion of the degree to which providers of mobile
service have implemented cybersecurity best practices and risk
assessment frameworks.
(4) An estimate and discussion of the prevalence and efficacy
of encryption and authentication algorithms and techniques used
in each of the following:
(A) Mobile service.
(B) Mobile communications equipment or services.
(C) Commonly used mobile phones and other mobile
devices.
(D) Commonly used mobile operating systems and
communications software and applications.
(5) A discussion of the barriers for providers of mobile
service to adopt more efficacious encryption and authentication
algorithms and techniques and to prohibit the use of older
encryption and authentication algorithms and techniques with
established vulnerabilities in mobile service, mobile
communications equipment or services, and mobile phones and
other mobile devices.
(6) An estimate and discussion of the prevalence, usage, and
availability of technologies that authenticate legitimate
mobile service and mobile communications equipment or services
to which mobile phones and other mobile devices are connected.
(7) An estimate and discussion of the prevalence, costs,
commercial availability, and usage by adversaries in the United
States of cell site simulators (often known as international
mobile subscriber identity catchers) and other mobile service
surveillance and interception technologies.
(c) Consultation.--In preparing the report required by subsection
(a), the Under Secretary shall, to the degree practicable, consult
with--
(1) the Commission;
(2) the National Institute of Standards and Technology;
(3) the intelligence community;
(4) the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security;
(5) the Science and Technology Directorate of the Department
of Homeland Security;
(6) academic and independent researchers with expertise in
privacy, encryption, cybersecurity, and network threats;
(7) participants in multistakeholder standards and technical
organizations (including the 3rd Generation Partnership Project
and the Internet Engineering Task Force);
(8) international stakeholders, in coordination with the
Department of State as appropriate;
(9) providers of mobile service, including small providers
(or the representatives of such providers) and rural providers
(or the representatives of such providers);
(10) manufacturers, operators, and providers of mobile
communications equipment or services and mobile phones and
other mobile devices;
(11) developers of mobile operating systems and
communications software and applications; and
(12) other experts that the Under Secretary considers
appropriate.
(d) Scope of Report.--The Under Secretary shall--
(1) limit the report required by subsection (a) to mobile
service networks;
(2) exclude consideration of 5G protocols and networks in the
report required by subsection (a);
(3) limit the assessment required by subsection (b)(1) to
vulnerabilities that have been shown to be--
(A) exploited in non-laboratory settings; or
(B) feasibly and practicably exploitable in real-
world conditions; and
(4) consider in the report required by subsection (a)
vulnerabilities that have been effectively mitigated by
manufacturers of mobile phones and other mobile devices.
(e) Form of Report.--
(1) Classified information.--The report required by
subsection (a) shall be produced in unclassified form but may
contain a classified annex.
(2) Potentially exploitable unclassified information.--The
Under Secretary shall redact potentially exploitable
unclassified information from the report required by subsection
(a) but shall provide an unredacted form of the report to the
committees described in such subsection.
(f) Definitions.--In this section:
(1) Adversary.--The term ``adversary'' includes--
(A) any unauthorized hacker or other intruder into a
mobile service network; and
(B) any foreign government or foreign nongovernment
person engaged in a long-term pattern or serious
instances of conduct significantly adverse to the
national security of the United States or security and
safety of United States persons.
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Mobile communications equipment or service.--The term
``mobile communications equipment or service'' means any
equipment or service that is essential to the provision of
mobile service.
(5) Mobile service.--The term ``mobile service'' means, to
the extent provided to United States customers, either or both
of the following services:
(A) Commercial mobile service (as defined in section
332(d) of the Communications Act of 1934 (47 U.S.C.
332(d))).
(B) Commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401)).
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States person''
means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the United
States or any jurisdiction within the United States,
including a foreign branch of such an entity; or
(C) any person in the United States.
SEC. 406. OPEN RAN OUTREACH.
(a) In General.--The Under Secretary shall conduct outreach and
provide technical assistance to small communications network
providers--
(1) to raise awareness regarding the uses, benefits, and
challenges of Open RAN networks and other open network
architectures; and
(2) regarding participation in the grant program established
under section 9202(a)(1) of the William M. (Mac) Thornberry
National Defense Authorization Act for Fiscal Year 2021 (47
U.S.C. 906(a)(1)).
(b) Definitions.--In this section:
(1) Under secretary.--The term ``Under Secretary'' means the
Under Secretary, acting through the head of the Office of
Internet Connectivity and Growth.
(2) Open network architecture.--The term ``open network
architecture'' means Open RAN networks and other network
elements that follow a set of published open standards for
multi-vendor network equipment interoperability, including open
core and open transport.
(3) Open ran network.--The term ``Open RAN network'' means a
wireless network that follows the Open Radio Access Network
approach to standardization adopted by the O-RAN Alliance,
Telecom Infra Project, or Third Generation Partnership Project
(3GPP), or any similar set of published open standards for
multi-vendor network equipment interoperability.
TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS
SEC. 501. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110B. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY
COMMUNICATIONS.
``(a) Establishment.--There is established within the NTIA an Office
of Public Safety Communications (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Public Safety Communications (in
this section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--The Associate Administrator shall, at the direction of
the Under Secretary--
``(1) administer any grant program of the Federal Government
related to Next Generation 9-1-1 on behalf of the Under
Secretary;
``(2) analyze public safety policy communications issues,
including by obtaining such analysis;
``(3) provide to the Under Secretary advice and assistance
with respect to the Under Secretary--
``(A) carrying out the responsibilities of the NTIA
related to public safety communications policy; and
``(B) evaluating the domestic impact of public safety
communications matters pending before the Commission,
Congress, or other entities of the executive branch of
the Federal Government;
``(4) carry out any duties established under section 10 of
Department Organizational Order 25-7 of the Department of
Commerce titled `National Telecommunications and Information
Administration', effective September 17, 2012;
``(5) be responsible for the oversight of the studies carried
out by the Federal Government relating to enhancing public
safety communications;
``(6) coordinate with the head of the Institute of
Telecommunication Sciences with respect to the initiative
established under section 108(b);
``(7) communicate public safety communications policies to
public entities, including the Commission and Congress, or
private entities; and
``(8) carry out any duties regarding the responsibilities of
the NTIA with respect to public safety communications policy as
the Under Secretary may designate.
``(d) Coordination.--The Associate Administrator shall, as the Under
Secretary determines applicable, coordinate with Federal, State, local,
and tribal government entities that are engaged in public safety
communications in carrying out the duties of the Office.''.
TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS
SEC. 601. OFFICE OF INTERNATIONAL AFFAIRS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110C. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the NTIA an Office
of International Affairs (in this section referred to as the `Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for International Affairs (in this
section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary (or a designee of the Under
Secretary).
``(c) Duties.--The Associate Administrator shall, at the direction of
the Under Secretary--
``(1) conduct analysis of, review, and formulate
international telecommunications and information policy;
``(2) present on international telecommunications and
information policy before the Commission, Congress,
international telecommunications bodies, including the
International Telecommunication Union, and others;
``(3) conduct or obtain analysis on economic and other
aspects of international telecommunications and information
policy;
``(4) formulate, and recommend to the Under Secretary,
polices and plans with respect to preparation for and
participation in international telecommunications and
information policy activities;
``(5) coordinate NTIA and interdepartmental economic,
technical, operational, and other preparations related to
participation by the United States in international
telecommunications and information policy conferences and
negotiations;
``(6) ensure NTIA representation with respect to
international telecommunications and information policy
meetings and the activities related to preparation for such
meetings;
``(7) coordinate with Federal agencies and private
organizations engaged in activities involving international
telecommunications and information policy matters and maintain
cognizance of the activities of United States signatories with
respect to related treaties, agreements, and other instruments;
``(8) provide advice and assistance related to international
telecommunications and information policy to other Federal
agencies charged with responsibility for international
negotiations, to strengthen the position and serve the best
interests of the United States in the conduct of negotiations
with foreign nations;
``(9) provide advice and assistance to the Under Secretary
with respect to evaluating the international impact of matters
pending before the Commission, other Federal agencies, and
Congress;
``(10) carry out, at the request of the Secretary, the
responsibilities of the Secretary under the Communications
Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal
laws related to international telecommunications and
information policy; and
``(11) carry out any other duties of the NTIA with respect to
international telecommunications and information policy that
the Under Secretary may designate.''.
SEC. 602. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW
PROCESS.
(a) In General.--Part A of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``SEC. 110D. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW
PROCESS.
``(a) Establishment and Transition.--
``(1) Establishment.--Not later than 180 days after the date
of the enactment of this section, the Under Secretary, in
coordination with the head of each appropriate Federal entity,
shall develop and issue procedures for, and establish, an
interagency review process (which shall include each
appropriate Federal entity) that considers the law enforcement
and national security policy implications of the approval of a
covered application that may arise from the foreign ownership
interests held in the covered applicant that submitted the
covered application.
``(2) Transition.--Upon establishment of the review process
under paragraph (1), the Committee for the Assessment of
Foreign Participation in the United States Telecommunications
Services Sector, established by Executive Order 13913 (85 Fed.
Reg. 19643), shall terminate.
``(b) Applicability.--Any covered application pending before the
Commission that was submitted by a covered applicant that meets or
exceeds the threshold foreign ownership limit is subject to review
under the review process established pursuant to subsection (a).
``(c) Process and Procedural Requirements.--
``(1) Referral for review.--
``(A) Requirement for fcc to refer complete
application.--The Commission shall refer any covered
application subject to the review process established
pursuant to subsection (a) to the Under Secretary
promptly after the Commission determines that the
covered application, under the rules and regulations of
the Commission, is complete.
``(B) Referral of other requests.--The Commission may
refer for review under the review process established
pursuant to subsection (a) any other request for action
by the Commission for which the Commission determines
review is necessary under such process.
``(2) Interagency review deadline; determination.--
``(A) In general.--Not later than 120 days after the
date on which the Under Secretary receives a referral
from the Commission pursuant to paragraph (1)--
``(i) the review of the covered application
or other request under the review process
established pursuant to subsection (a) shall be
completed; and
``(ii) the Under Secretary, in coordination
with the head of each appropriate Federal
entity, shall make a determination--
``(I) to recommend to the Commission
that the Commission grant, grant
conditioned on mitigation, or deny the
covered application or other request;
or
``(II) that the Under Secretary
cannot make a recommendation with
respect to the covered application or
other request.
``(B) Presidential determination.--If the Under
Secretary determines under subparagraph (A)(ii)(II)
that the Under Secretary cannot make a recommendation
with respect to the covered application or other
request, the President, not later than 15 days after
the Under Secretary makes such determination, shall
make a determination to recommend to the Commission
that the Commission grant, grant conditioned on
mitigation, or deny the covered application or other
request.
``(C) Extension.--The Under Secretary, in
coordination with the head of each appropriate Federal
entity, may extend the deadline described in
subparagraph (A) an additional 45 days.
``(D) Notification of extension.--If the Under
Secretary, in coordination with the head of each
appropriate Federal entity, extends a deadline pursuant
to subparagraph (C), the Under Secretary shall provide
notice of the extension to the covered applicant or
other requesting party, the Commission, Congress, and
any executive agency the Under Secretary determines
appropriate.
``(3) Notification of determination.--Not later than 7 days
(excepting Saturdays, Sundays, and legal holidays) after the
Under Secretary or the President (as the case may be) makes a
determination under paragraph (2) to recommend that the
Commission grant, grant conditioned on mitigation, or deny the
application or other request, the Under Secretary shall notify,
in writing, the Commission and the covered applicant or other
requesting party of the determination.
``(4) Disclosure of status of review.--Not later than 5 days
(excepting Saturdays, Sundays, and legal holidays) after
receiving an inquiry from a covered applicant or other
requesting party, the Commission, Congress, or an appropriate
executive agency (as determined by the Under Secretary) for an
update with respect to the status of the review of a relevant
covered application or other request that was referred by the
Commission for review under the review process established
pursuant to subsection (a), the Under Secretary, in
coordination with the head of each appropriate Federal entity,
shall provide, consistent with the protection of classified
information and intelligence sources and methods, a complete
and accurate written response to such inquiry.
``(5) Standardization of information required.--With respect
to the review process established pursuant to subsection (a),
the Under Secretary, in coordination with the Commission and
the head of each appropriate Federal entity, shall establish a
list of questions requesting written information from a covered
applicant or other requesting party that shall be made publicly
available and posted on the internet website of the NTIA. Such
questions shall, to the maximum extent possible, be
standardized for any potential covered applicant or other
requesting party.
``(6) Deadline for provision of information requested.--Not
later than 10 days (excepting Saturdays, Sundays, and legal
holidays) after the date on which the Under Secretary, in
coordination with the head of each appropriate Federal entity,
requests information from a covered applicant or other
requesting party, the covered applicant or other requesting
party shall submit, in writing, to the NTIA complete and
accurate responses.
``(d) Confidentiality of Information.--
``(1) In general.--Except as provided in paragraph (2), any
information or documentary material provided to the Under
Secretary under the review process established pursuant to
subsection (a) shall be exempt from disclosure under section
552 of title 5, United States Code, and no such information or
documentary material may be made public.
``(2) Exceptions.--Paragraph (1) does not prohibit disclosure
of the following:
``(A) Information disclosed for purposes of an
administrative or judicial action or proceeding,
subject to appropriate confidentiality and
classification requirements.
``(B) Information disclosed to Congress or a duly
authorized committee or subcommittee of Congress,
subject to appropriate confidentiality and
classification requirements.
``(C) Information disclosed to a domestic
governmental entity, or to a foreign governmental
entity of a United States ally or partner, under the
exclusive direction and authorization of the Under
Secretary, only to the extent necessary for national
security purposes and subject to appropriate
confidentiality and classification requirements,
including that confidential information disclosed shall
remain confidential.
``(D) Information disclosed to a third party by
mutual agreement of each relevant covered applicant and
the Under Secretary, in consultation with appropriate
Federal entities.
``(e) Rule of Construction.--Except as provided in subsection (d),
nothing in this section may be construed as limiting, superseding, or
preventing the invocation of any privileges or defenses that are
otherwise available at law or in equity to protect against the
disclosure of information.
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(2) Appropriate federal entities.--The term `appropriate
Federal entities' means the following:
``(A) The Department of Commerce.
``(B) The Department of Defense.
``(C) The Department of Homeland Security.
``(D) The Department of Justice.
``(E) The Department of the Treasury.
``(F) The Department of State.
``(G) The United States Trade Representative.
``(H) The Executive Office of the President.
``(I) The Office of the Director of National
Intelligence.
``(3) Classified information.--The term `classified
information' means any information or material that has been
determined by the Federal Government pursuant to an Executive
order, statute, or regulation, to require protection against
unauthorized disclosure for reasons of national security.
``(4) Covered applicant.--The term `covered applicant' means
an entity seeking approval of a covered application from the
Commission.
``(5) Covered application.--
``(A) In general.--The term `covered application'
means--
``(i) an application under section 214(a) of
the Communications Act of 1934 (47 U.S.C.
214(a)) for authorization to undertake the
construction of a new line or of an extension
of any line, or to acquire or operate any line,
or extension thereof, or to engage in
transmission over or by means of such
additional or extended line;
``(ii) an application under the Act titled
`An Act relating to the landing and operation
of submarine cables in the United States,'
approved May 27, 1921 (47 U.S.C. 34 et seq.; 42
Stat. 8) for--
``(I) a submarine cable landing
license; or
``(II) an assignment, modification,
or transfer of control of a submarine
cable landing license; or
``(iii) an application for a new license, or
for the transfer, assignment, or disposal of an
existing license under section 310(d) of the
Communications Act of 1934 (47 U.S.C. 310(d)),
that is--
``(I) subject to approval by the
Commission under section 310(b)(4) of
such Act (47 U.S.C. 310(b)(4)); or
``(II) eligible, under the rules of
the Commission, for forbearance under
section 10 of such Act (47 U.S.C. 160)
from the application of paragraph (3)
of section 310(b) of such Act (47
U.S.C. 310(b)).
``(B) Limitation.--The term `covered application'
does not include the following:
``(i) An application described in
subparagraph (A) with respect to which the
applicant seeks to transfer, assign, or
otherwise dispose of an authorization or
license to an entity that--
``(I) is owned or controlled by such
applicant;
``(II) owns or controls such
applicant; or
``(III) is under common ownership or
control with such applicant.
``(ii) An application described in
subparagraph (A) with respect to which the
applicant--
``(I) is an applicant that has been
previously approved under the review
process established pursuant to
subsection (a); and
``(II) at the time of such
application does not have a level of
foreign ownership that is more than 10
percent greater than the level of
foreign ownership of such applicant--
``(aa) except as provided in
item (bb), at any time such
applicant was previously
approved under the review
process established pursuant to
subsection (a); or
``(bb) if such applicant has
been subjected to the review
process established pursuant to
subsection (a) as a result of
exceeding a level of foreign
ownership pursuant to this
clause, at the time such
applicant was most recently
approved under such review
process after having been
subjected to such review
process as a result of
exceeding a level of foreign
ownership pursuant to this
clause.
``(iii) An application described in
subparagraph (A)(i) that is domestic.
``(iv) An application described in
subparagraph (A) with respect to which the
foreign ownership interests of the applicant
are held by wholly owned intermediate holding
companies that are controlled by--
``(I) a citizen of the United States;
or
``(II) an entity organized under the
laws of the United States.
``(6) Threshold foreign ownership limit.--The term `threshold
foreign ownership limit' means foreign ownership of, as
applicable--
``(A) at least the amount determined by the
Commission under section 214(a) of the Communications
Act of 1934 (47 U.S.C. 214(a)), in the case of an
application described in paragraph (5)(A)(i) of this
subsection;
``(B) any amount, in the case of an application
described in paragraph (5)(A)(ii) of this subsection;
``(C) at least an amount sufficient for paragraph (3)
or (4) of section 310(b) of such Act (47 U.S.C. 310(b))
to apply, in the case of an application described in
paragraph (5)(A)(iii) of this subsection; or
``(D) any amount, in the case of any application
described in paragraph (5)(A) of this subsection if the
foreign ownership is held by a foreign adversary (as
specified in section 7.4 of title 15, Code of Federal
Regulations (or a successor regulation)).''.
(b) Applicability.--This section, and the amendment made by this
section, shall apply to any covered application (as such term is
defined in section 110D of the National Telecommunications and
Information Administration Organization Act, as added by subsection
(a)) filed on or after the date on which the review process is
established pursuant to such section 110D.
Purpose and Summary
The bill would authorize $62,000,000 in appropriations for
the National Telecommunications and Information Administration
(NTIA) for Fiscal Year 2024 (FY24) and $62,000,000 for Fiscal
Year 2025 (FY25). The bill would elevate the Administrator of
NTIA from the Assistant Secretary of Commerce for
Communications and Information to the Under Secretary of
Commerce for Communications and Information. Additionally, the
bill would codify and provide direction to several offices
within NTIA. The bill would also repeal outdated and
unnecessary statutory reporting requirements while
consolidating and streamlining redundant reports required by
law. Finally, H.R. 4510 includes provisions to enhance the
spectrum management role of NTIA, improve the coordination of
broadband funding, develop and coordinate policy relating to
cybersecurity of communications networks, carry out the
activities of NTIA regarding public safety communications, and
coordinate the executive branch review of telecommunications
providers with certain thresholds of foreign ownership who are
seeking to participate in the United States communications
market.
Background and Need for Legislation
The Energy and Commerce Committee has prioritized the
reauthorization of federal agencies under its jurisdiction in
the 118th Congress, and the National Telecommunications and
Information Administration has not been reauthorized since
1992.
Since the last reauthorization of NTIA, the mission of the
agency has changed significantly, and the appropriations
provided to the agency have tripled. Accordingly, H.R. 4510
would authorize appropriations to the NTIA for FY24 and FY25,
update the statutory mission and policy of the agency,
authorize certain offices and activities of the agency, and
provide greater Congressional oversight of the NTIA.
Committee Action
On May 23, 2023, the Subcommittee on Communications and
Technology held a hearing on a discussion draft that was
substantially similar to H.R. 4510. The title of the hearing
was ``Oversight and Reauthorization of the National
Telecommunications and Information Administration.'' The
Subcommittee received testimony from:
The Honorable Alan Davidson, Assistant Secretary
of Commerce for Communications and Information and
Administrator, National Telecommunications and Information
Administration.
H.R. 4510, the ``National Telecommunications and
Information Administration Reauthorization Act'' or ``NTIA
Reauthorization Act'' was introduced on July 10, 2023, by
Representatives Robert E. Latta (R-OH) and Doris Matsui (D-CA).
On July 12, 2023, the Subcommittee on Communications and
Technology met in open markup session and forwarded H.R. 4510,
without amendment, to the full Committee by a voice vote. On
July 27, 2023, the full Committee on Energy and Commerce met in
open markup session and ordered H.R. 4510, as amended,
favorably reported to the House by a record vote of 48 yeas and
0 nays.
Committee Votes
Clause 3(b) of rule XIII requires the Committee to list the
record votes on the motion to report legislation and amendments
thereto. The following reflects the record votes taken during
the Committee consideration:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Oversight Findings and Recommendations
Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII, the Committee held a hearing and made findings that
are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
Pursuant to clause 3(c)(2) of rule XIII, the Committee
finds that H.R. 4510 would result in no new or increased budget
authority, entitlement authority, or tax expenditures or
revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, at the time this
report was filed, the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not available.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
reauthorize the National Telecommunications and Information
Administration.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 4510 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
Related Committee and Subcommittee Hearings
Pursuant to clause 3(c)(6) of rule XIII, the following
related hearing was used to develop or consider H.R. 4510:
On May 23, 2023, the Subcommittee on
Communications and Technology held a hearing on a
discussion draft that was substantially similar to H.R.
4510. The title of the hearing was ``Oversight and
Reauthorization of the National Telecommunications and
Information Administration.'' The Subcommittee received
testimony from:
The Honorable Alan Davidson,
Assistant Secretary of Commerce for
Communications and Information and
Administrator, National Telecommunications and
Information Administration.
Committee Cost Estimate
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974. At the time this report was
filed, the estimate was not available.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4510 contains no earmarks, limited
tax benefits, or limited tariff benefits.
Advisory Committee Statement
Two advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act were created by this
legislation.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title; Table of Contents
This section designates that the short title may be cited
as the ``National Telecommunications and Information
Administration Reauthorization Act of 2023'' or the ``NTIA
Reauthorization Act of 2023'' and provides a table of contents.
Sec. 2. Definitions
This section defines terms used in the bill.
TITLE 1--REAUTHORIZATION
Sec. 101. Reauthorization of the National Telecommunications and
Information Administration Organization Act
Subsection (a) would amend Section 151 of the National
Telecommunications and Information Administration Organization
Act (``NTIA Organization Act'') by striking the base
appropriations amount from Fiscal Year (FY) 1992 and FY 1993,
$17,600,000, and replacing it with a new authorization of
$62,000,000 for FY24 and FY25.
Subsection (b) would amend the NTIA Organization Act by
elevating the head of the NTIA from ``Assistant Secretary'' to
``Under Secretary'' and by elevating the Deputy Assistant
Secretary of NTIA to ``Deputy Under Secretary.'' Subsection (b)
would ensure that the title change from ``Assistant Secretary''
to ``Under Secretary'' would not abate any civil action
commenced by or against the Assistant Secretary of Commerce for
Communications and Information before the date of enactment of
H.R. 4510, except that the Under Secretary will be substituted
as a party to the action.
Finally, subsection (b) would ensure that the individual
serving as the Assistant Secretary at the time of enactment of
this Act would continue to serve as the Under Secretary,
provides technical changes to any reference in law by
substituting the term ``Assistant Secretary'' with the term
``Under Secretary,'' and amends the executive schedule to
reflect the new title of the head of the NTIA.
Subsection (c) would amend the NTIA Organization Act to
clarify the role of the NTIA in coordinating the Executive
Branch views on matters before the Federal Communications
Commission (FCC). Subsection (c) would also amend the NTIA
Organization Act by modernizing the agency's mission to include
fostering the digital economy of the U.S., ensuring that global
communications networks remain open and innovative, and, in
coordination with the FCC, working to achieve the universal
availability of access to telecommunication service and
information service. Finally, this subsection would
specifically assign functions to NTIA in pursuance of the
agency's mission, including strengthening NTIA's authority to
conduct studies, publish reports, and make recommendations on
certain issues under the jurisdiction of the agency.
Subsection (d) would provide authority for the Under
Secretary to accept, hold, administer, and utilize gifts and
bequests for the purpose of aiding or facilitating the work of
the NTIA. The Committee expects that the test center authorized
under section 204 of H.R. 4510 may accept gifts, such as radio
spectrum analyzers, servers, radio antennas, and other
equipment, used to perform activities carried out by the
Institute for Telecommunication Science (ITS), provided the
activities carried out using the gift are in accordance with
the terms of any such gift.
Subsection (e) would make technical and conforming
amendments to other provisions of law that reference the
Assistant Secretary to reflect the elevation of the head of
NTIA to an Under Secretary under this section.
Sec. 102. NTIA Consolidated reporting act
Subsection (a) would repeal several outdated, unnecessary,
or completed reporting requirements, such as the quarterly
report of the Broadband Technology Opportunity Program (BTOP),
required by law.
Subsection (b) would consolidate various reporting
requirements required by law into an annual, consolidated
report. This report would be required to be submitted to
Congress during the first quarter of each calendar year and
would cover activities conducted in the fiscal year prior to
submission.
Subsection (c) would extend an audit and reporting
requirement for the Connecting Minority Communities Pilot
Program for FY 2023 and FY 2024.
Subsection (d) would define terms used in this section.
TITLE II--OFFICE OF SPECTRUM MANAGEMENT
Sec. 201. Office of Spectrum Management
This section would amend the NTIA Organization Act by
codifying the Office of Spectrum Management (OSM) and the
office's head, the Associate Administrator for Spectrum
Management. This section would provide the duties of OSM,
including carrying out functions of NTIA relating to management
of Federal spectrum use, making frequency allocations for
government stations, providing guidance to Federal agencies to
ensure their conduct is consistent with their spectrum
assignments, and represent the interests of Federal agencies in
the development of national spectrum policy.
Sec. 202. Improving Spectrum Management
Subsection (a) would amend the NTIA Organization Act by
requiring the Under Secretary, in certain circumstances, to
file in the public record of an FCC spectrum action information
detailing (1) when the FCC provided notice to NTIA of the
spectrum action; (2) the Federal entities that may be impacted
by the spectrum action; (3) when the Under Secretary provided
notice to the Federal entities that may be affected by the
spectrum action; (4) a summary of any general technical or
procedural concerns raised by a Federal entity to the Under
Secretary; and (5) any policy concerns of the Under Secretary.
This section would also require the FCC to make public and
publish in the Federal Register a summary of the information
filed by the Under Secretary with respect to the spectrum
action. Finally, this section would prohibit the FCC from
considering any technical, procedural, or policy concerns of a
Federal entity regarding a spectrum action unless such concerns
are filed by the Under Secretary on behalf of the Federal
entity.
Subsection (b) of this section would require the Under
Secretary to establish a charter for the Policy and Plans
Steering Group (PPSG) within 180 days of enactment. Each
Federal entity that is reflected in the membership of the PPSG
would be required to appoint a senior-level employee who is
eligible to receive a security clearance to serve on the PPSG.
Additionally, this section would provide for the duties of the
individuals appointed to the PPSG, including the responsibility
for overseeing the spectrum coordination policies and
procedures of the applicable federal entity and the
responsibility for timely notification to the PPSG and Under
Secretary of any technical or procedural concerns of their
Federal agency regarding a spectrum action. Finally, this
section would require executive agencies that are authorized
and directed by law to cooperate with the NTIA to submit a
report to the Under Secretary each calendar year describing the
steps taken in the previous fiscal year to comply with that
requirement.
Subsection (c) of this section would require that, within 3
years and every 4 years thereafter, the NTIA and the FCC update
the Memorandum of Understanding (MoU) between the two agencies
relating to increased coordination to promote the efficient use
of the radio spectrum in the public interest).
Subsection (d) would define terms used in this section.
Sec. 203. Spectrum management improvements
Subsection (a) would require the Under Secretary, in
coordination with the FCC, to develop, establish, prototype,
and support the implementation of common models, common
methodologies, and common inputs to inform electromagnetic
spectrum management decisions for frequencies assigned to
Federal entities. The common models, common methodologies, and
common inputs may take the form of technologies and techniques
to control radio frequency emissions and interference, advanced
antenna arrays, network sensing and monitoring technologies,
dynamic spectrum access technologies, and artificial
intelligence that enables advanced antennas and dynamic
spectrum access technologies, among other things.
Subsection (b) would amend the NTIA Organization Act to
further clarify the Under Secretary's role to identify and
implement technologies that promote dynamic spectrum access,
network sensing and monitoring, and optical and quantum
communications. Subsection (b) would also require the Under
Secretary to encourage the development of, and broad
participation in, a skilled workforce to conduct prototyping of
advanced communications technologies and support partnerships
among institutions to develop a skilled workforce to conduct
prototyping of advanced communications technologies.
Sec. 204. Institute for Telecommunication Sciences
Subsection (a) would amend the NTIA Organization Act by
providing additional statutory authority for ITS. This section
would require ITS to serve as the primary laboratory for the
executive branch of the federal government to, among other
things, study radio frequency emissions, determine spectrum
propagation characteristics, conduct tests on technology that
enhances the sharing of electromagnetic spectrum between
federal and non-federal users, and improve the interference
tolerance of federal systems operating with, or using, federal
spectrum. Subsection (a) would also allow the head of ITS to
enter into such agreements, including contracts, cooperative
agreements, and interagency agreements as may be necessary to
carry out these functions.
Subsection (b) would require the Assistant Secretary to
establish an initiative to support the development of emergency
communication and tracking technologies for use in locating
individuals trapped in areas where mobile connectivity may not
be available due to building collapses and natural disasters
and submit a report to Congress on this effort.
Sec. 205. Commerce Spectrum Management Advisory Committee
Subsection (a) would require the Under Secretary, within 90
days of enactment, to establish the Commerce Spectrum
Management Advisory Committee (CSMAC). Subsection (a) would
further provide that an existing advisory committee under a
charter for the purpose of carrying out duties substantially
similar to those provided by this section (or that is modified
to satisfy the requirements of this section) may satisfy the
requirements of this section. The Committee expects that the
Under Secretary will ensure the existing CSMAC meets the
requirements of section 205 within 90 days and that the
advisory committee directed to be established under section 205
will not be duplicative of any other existing advisory
committee of the NTIA.
Subsection (b) would provide for the duties of the CSMAC,
which, among other things, are to advise and make
recommendations to the Under Secretary with respect to
developing and maintaining spectrum management policies that
enable the United States to maintain or strengthen its global
leadership role in the introduction of innovative
communications technologies and services, including those that
enable critical missions of the Federal Government.
Sec. 206. Incumbent informing capability
This section would amend the NTIA Organization Act by
requiring the Under Secretary to revise the Department of
Commerce's Manual of Regulations and Procedures for Federal
Radio Frequency Management to incorporate and implement an
incumbent informing capability to enable sharing, including
time-based sharing and coordination, to manage securely harmful
interference between non-federal users and incumbent federal
entities sharing an applicable band of spectrum and between
federal entities sharing an applicable band of spectrum.
Sec. 207. Working group on performance criteria for radio receivers
Subsection (a) would require the Under Secretary, within 90
days of enactment, to convene a working group to assist the
Under Secretary in developing, and periodically updating,
voluntary criteria, standards, ratings, and other measures with
respect to radio receivers operating in Federal systems in
spectrum bands allocated for exclusive Federal use. This
subsection would further provide that the purpose of these
voluntary criteria, standards, ratings, and other measures is
to provide guidance on the design, manufacture, and sale of
radio receivers operating in Federal systems to mitigate or
enhance resiliency to potential harmful interference. Finally,
this subsection would provide that the Under Secretary shall
serve as the chair of the working group and the working group
shall include representatives from the FCC, the communications
industry, academia, entities that manufacture radio receivers,
entities that establish technical specifications for radio
receivers, and may include participation by Federal entities.
Subsection (b) would provide that the Under Secretary shall
publish on the website of NTIA and in the Federal Register the
voluntary criteria, standards, ratings, and other measures not
later than 18 months after the working group is convened.
Subsection (c) would provide that the voluntary criteria,
standards, ratings, and other measures shall be updated at
least every four years.
Subsection (d) would provide that in developing and
updating these voluntary criteria, standards, ratings, and
other measures, the Under Secretary shall take into
consideration the unique technical and operational
characteristics of different Federal systems.
Finally, subsection (e) would clarify that the voluntary
criteria, standards, ratings, and other measures may not be
mandatory and must be determined by the Under Secretary, not
the working group.
TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
Sec. 301. National Strategy to Close Digital Divide
Subsection (a) would require the Under Secretary to develop
and submit to the appropriate committees of Congress a National
Strategy to Close the Digital Divide.
This Strategy would support better management of Federal
broadband programs, synchronize interagency coordination among
agencies with Federal broadband programs, synchronize
interagency coordination regarding the process for approving
various grants and permits for deploying broadband
infrastructure, and reduce obstacles for State, local, and
Tribal governments to participate in Federal broadband
programs.
This Strategy was first recommended by the Government
Accountability Office.\1\ It is the Committee's intent that
this Strategy help improve the management of federal broadband
programs to improve efficiency and reduce wasteful and
duplicative spending. In addition to improving management, the
Strategy should also improve interagency coordination,
including coordination over how funds are distributed and
permitting processes for deployment on Federal lands.
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\1\Gov't Accountability Office, GAO-22-104611, Broadband: National
Strategy Needed to Guide Federal Efforts to Reduce Digital Divide
(2022), https://www.gao.gov/assets/730/720776.pdf.
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Subsection (a)(2) details the required contents of this
Strategy, including clear roles and responsibilities for
agencies with broadband programs, and clear goals, objectives,
and performance measures for the management of these programs
and interagency coordination efforts. The Strategy would also
recommend incentives, legislation, and administrative actions
to improve the coordination and management of broadband
programs and eliminate duplication of these programs.
Subsection (a)(3) would require the Under Secretary to
consult with groups that represent consumers or the public
interest, subject matter experts, broadband providers, Tribal
entities, and State and local agencies and entities.
Subsection (b)(1) would direct the Under Secretary to
develop an Implementation Plan for the Strategy.
Subsection (b)(2) describes the required contents of the
Implementation Plan. This would include a plan for implementing
roles, an accountability plan, and a plan for regular
engagement with interested members of the public. Other
requirements include a plan for the adoption of common data
sets (such as the FCC's broadband maps) to use when awarding
funds and a plan to monitor and reduce waste, fraud, and abuse
in Federal broadband programs.
Subsection (c) would require the Under Secretary, along
with the appropriate representatives from the covered agencies
involved in the formulation of the Strategy, to brief Congress
on the Strategy and provide briefings on the implementation of
the Implementation Plan on a regular basis.
Subsection (d) would direct the Comptroller General of the
United States to conduct a study examining efficacy of the
Strategy and Implementation Plan in closing the digital divide
and make recommendations regarding how to improve the Strategy
and the Implementation Plan. It would also require the
Comptroller General to submit a report on the results of the
study to Congress.
Subsection (e) would create a rule of construction that
nothing in this Section may be construed to affect the
authority or jurisdiction of the Federal Communications
Commission or confer upon the Under Secretary or any executive
agency the power to direct the actions of the FCC.
Subsection (f) defines terms used in this section.
TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY
Sec. 401. Office of Policy Development and Cybersecurity
This section would amend the NTIA Organization Act by
codifying the Office of Policy Development and Cybersecurity
(OPDC) and the office's head, the Associate Administrator for
Policy Development and Cybersecurity. This section would
provide the duties of OPDC, which would oversee and conduct
national communications and information policy analysis with
respect to the use of the Internet and other communications
technologies. In particular, the Office would develop, analyze,
and advocate for market-based policies that promote innovation
and competition, among other matters. The Office would also
coordinate transparent, consensus-based, multistakeholder
processes to create guidance or support the development and
implementation of cybersecurity and privacy policies with
respect to the Internet and other communications networks.
Additionally, the Office would be responsible for administering
the program for preventing future vulnerabilities established
under section 8(a) of the Secure and Trusted Communications
Networks Act of 2019.
Sec. 402. Economic competitiveness of information and communication
technology chain
Subsection (a) would require the Secretary of Commerce,
acting through the Under Secretary, to submit a report to
Congress on the information and communication technology supply
chain that includes information on communication technology
critical to the economic competitiveness of the United States,
the industrial capacity vendors who produce information and
communication technology, as well as what actions the Federal
Government needs to take to support and bolster the economic
competitiveness of trusted information and communication
technology vendors.
Subsection (b) would require the Secretary of Commerce,
acting through the Under Secretary, to develop a whole-of-
government strategy to ensure the economic competitiveness of
trusted information and communication technology. This strategy
would be required to include recommendations on how to
strengthen the economic competitiveness of trusted information
and communication technology vendors as well as include an
assessment on barriers to market-based solutions for increasing
said competitiveness. Finally, subsection (b) would require the
Secretary of Commerce, acting through the Under Secretary, to
submit a report to Congress within 180 of the report required
to be submitted under subsection (a).
Subsection (c) would require the Secretary of Commerce,
acting through the Under Secretary, to consult with a cross-
section of trusted information and communication technology
vendors along with the head of relevant Federal agencies, such
as the Secretary of State and Secretary of Homeland Security.
Subsection (d) would define terms used in this section.
Sec. 403. Digital Economy and Cybersecurity Board of Advisors
This section would establish a Digital Economy and
Cybersecurity Board of Advisors (``Board'') within the NTIA to
provide to the Under Secretary recommendations (for
implementation by the Under Secretary, or that the Under
Secretary could recommend for implementation by others) with
respect to cybersecurity best practices for the Internet,
Internet routing protocols, and information and communications
networks.
Subsection (b) would provide for the duties of the Board,
including providing recommendations with respect to
cybersecurity policies for Internet and communications networks
and cybersecurity policies that foster collaboration through
public-private partnerships.
Subsection (c) would provide for the composition of the
membership for the Board and the terms for reappointment,
removal, and vacancy.
Subsection (d) would provide that subject to the approval
of the Under Secretary, the Board may establish subcommittees,
working groups, standing committees, ad hoc groups, task
forces, or other subgroups to support the performance of the
Board.
Subsection (e) would provide that the board terminates 4
years after the date of enactment.
Subsection (f) would define terms used in this section.
Sec. 404. Cybersecurity literacy
Subsection (a) would express that it is the sense of the
Congress that the United States has a national security and
economic interest in promoting cybersecurity literacy among the
general public.
Subsection (b) would require the NTIA to develop and
conduct a cybersecurity literacy campaign to educate United
States individuals about common cybersecurity risks and best
practices.
Subsection (c) would provide for the requirements of the
campaign, including educating individuals on how to prevent and
mitigate cyberattacks and identifying devices for them that
could pose possible cybersecurity risks.
Sec. 405. Understanding cybersecurity of mobile networks
Subsection (a) would direct the Under Secretary, in
consultation with the Department of Homeland Security, to
submit to Congress, not later than one year after enactment, a
report examining the cybersecurity of mobile service networks
and the vulnerability of such networks and mobile devices to
cyberattacks and surveillance conducted by adversaries.
Subsection (b) would provide the elements required to be
included in the report, which include: (1) an assessment of the
degree to which providers of mobile service have or have not
addressed cybersecurity vulnerabilities; (2) a discussion of
the degree to which customers consider cybersecurity; (3) a
discussion of the degree to which providers of mobile service
have implemented best practices and risk assessment frameworks;
(4) an estimate and discussion of encryption and authentication
algorithms and techniques; (5) a discussion of barriers to more
efficacious encryption by providers of mobile service; (6) an
estimate and discussion of aspects of authentication for mobile
service as well as mobile equipment and devices; and (7) an
estimate and discussion of aspects of cell site simulators and
other surveillance technologies used by adversaries to the
United States.
Subsection (c) would require the Under Secretary, in
preparing the report, to consult certain Federal agencies;
researchers; participants in multistakeholder standards
organizations; international stakeholders; industry
representatives; and other experts.
Subsection (d) would provide certain limitations on the
scope of the report, including that the report shall exclude
consideration of 5G and be limited to vulnerabilities that have
been exploited or are feasibly exploitable.
Subsection (e) would provide that the report shall be
produced in an unclassified form, shall redact potentially
exploitable unclassified information, and may contain a
classified annex.
Subsection (f) defines terms used in this section.
Sec. 406. Open RAN outreach
This section would require the Under Secretary to conduct
outreach and provide technical assistance to small
communication network providers to raise their awareness
regarding the uses, benefits, and challenges of OpenRAN
networks and other open network architectures and regarding
their participation in the grant
program established in the National Defense Authorization Act
of 2021.
TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS
Sec. 501. Establishment of the Office of Public Safety Communications
This section would amend the NTIA Organization Act by
codifying the Office of Public Safety Communications (OPSC) and
the office's head, the Associate Administrator for Public
Safety Communications. This section would also provide the
duties of OPSC, and would include a requirement that, as the
Under Secretary determines appropriate with respect to the
duties of the Office, the Associate Administrator shall
coordinate with Federal, State, local and tribal government
entities that are engaged in public safety communications.
The Committee recognizes OPSC currently coordinates with
Federal, State, local, and tribal government entities, and the
Committee expects that the Associate Administrator will
continue to coordinate with these entities as they carry out
the duties of OPSC.
TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS
Sec. 601. Office of International Affairs
This section amends the NTIA Organization Act by codifying
the Office of International Affairs (OIA) and the office's
head, the Associate Administrator for International Affairs.
This section also provides the duties of OIA, including that it
will conduct analysis of, review, and formulate international
telecommunications and information policy.
The Committee recognizes that the NTIA, by statute, plays a
significant role in providing advice and expertise regarding
international telecommunications policies, including by
coordinating economic, technical, operational, and related
preparations for the United States' participation in
international telecommunications conferences and
negotiations.\2\ The Committee also recognizes the role OIA
plays in leading the United States' participation in the
Governmental Advisory Council (GAC) of the Internet Corporation
for Assigned Names and Numbers (ICANN).\3\ Accordingly, the
Committee expects OIA to continue leading efforts within the
NTIA to carry out these and related activities.
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\2\47 U.S.C. 902(b)(2)(G).
\3\https://www.ntia.gov/category/icann.
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Sec. 602. Establishment of Interagency National Security Review Process
Subsection (a) of Sec. 602 would amend the NTIA
Organization Act by adding a new section titled, ``Sec. 110D.
Establishment of Interagency National Security Review
Process.''
Subsection (a) of the new Sec. 110D would require the Under
Secretary, in coordination with the head of each appropriate
Federal entity, to develop and issue procedures for, and
establish, an interagency review process (``Team Telecom
Review'') that considers the law enforcement and national
security policy implications of the approval of an application
submitted to the FCC for participation in the United States
telecommunications sector by an applicant with foreign
ownership. Subsection (a) recognizes that a similar review
process and procedures exist under an Executive Order and
provides that upon establishment of the review process under
this section, the existing review process under Executive Order
No. 13913 shall terminate.
Subsection (b) of the new Sec. 110D would clarify that any
application subject to Team Telecom Review that is pending
before the Commission is still subject to the review process
established pursuant to subsection (a) of the new Sec. 110D.
Subsection (c) of the new Sec. 110D would require the FCC
to refer any complete covered application submitted to the FCC
to the Under Secretary for Team Telecom Review. Subsection (c)
would further clarify that the FCC may refer other requests for
action for Team Telecom review if the FCC determines such
review is necessary. Additionally, subsection (c) would provide
deadlines for Team Telecom Review, including a 120-day deadline
after the date the Under Secretary receives a referral from the
FCC to: (1) recommend to the FCC whether (A) to grant, (B) to
grant conditioned on mitigation, or (C) to deny a covered
application; or (2) determine that the Under Secretary cannot
make a recommendation with respect to a covered application.
Subsection (c) would also provide the Under Secretary with the
authority to make a one-time extension of 45 days to the 120-
day deadline, but the Under Secretary is required to provide
notice of this extension to the applicant, the FCC, Congress,
and any executive agency the Under Secretary determines
appropriate. Subsection (c) would further provide that in an
instance where the Under Secretary cannot make a recommendation
with respect to a covered application, the President is
required to make a final determination to grant, grant
conditioned on mitigation, or deny a covered application within
15 days from the day the Under Secretary determines that the
Under Secretary cannot make a recommendation. Not later than 7
days after the Under Secretary makes a determination with
respect to a covered application (excepting weekends and legal
holidays), the Under Secretary would be required to notify the
FCC and the applicant in writing. In the case of a request by
the applicant, the FCC, Congress, or an appropriate executive
branch agency seeking the status of an application under Team
Telecom Review, the Under Secretary, in coordination with the
head of each appropriate Federal entity and subject to the
protection of classified information and intelligence sources
and methods, would be required to provide a complete, accurate,
and written response to the inquiry. Subsection (c) would also
provide that the Under Secretary, in coordination with the FCC,
shall establish a standardized list of questions requesting
written information from a covered applicant that shall be made
publicly available and posted on the website of NTIA. Finally,
subsection (c) would provide that when the Under Secretary, in
coordination with the head of each appropriate Federal entity,
requests information from a covered applicant, the applicant is
required to provide, in writing, accurate and complete
responses within 10 days (excepting weekends and legal
holidays).
Subsection (d) would establish the confidentiality
procedures for information submitted under the Team Telecom
Review process. Information provided to the Under Secretary
under a Team Telecom Review process would be exempt from
disclosure under the Freedom of Information Act, except in the
following four instances: (1) information disclosed for
purposes of an administrative or judicial action or proceeding,
subject to appropriate confidentiality and classification
requirements; (2) information disclosed to Congress or a duly
authorized Committee, subject to appropriate confidentiality
and classification requirements; (3) information disclosed to a
domestic governmental entity (or to a foreign government that
is an ally or partner of the United States), only to the extent
necessary for national security purposes and subject to
appropriate confidentiality and classification requirements; or
(4) to a third party by mutual agreement of the Under Secretary
and each relevant covered applicant party to the Team Telecom
Review.
Subsection (e) would clarify that except as provided in
subsection (d), nothing in this section may be construed as
limiting, superseding, or preventing the invocation of any
privileges or defenses that are otherwise available at law or
in equity to protect against the disclosure of information.
Subsection (f) would define terms used in this section.
Finally, subsection (b) of section 602 would provide that
this section, and the amendments made to the NTIA Organization
Act under this section, shall apply to any covered application
filed on or after the date on which the review process is
established under section 110D(a), as added by section 602(a).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION
ACT
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Telecommunications
Authorization Act of 1992''.
TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
PART A--ORGANIZATION AND FUNCTIONS
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Telecommunications
and Information Administration Organization Act''.
SEC. 102. DEFINITIONS; FINDINGS; POLICY.
(a) Definitions.--In this title, the following definitions
apply:
(1) The term ``NTIA'' means the National
Telecommunications and Information Administration.
(2) The term ``[Assistant Secretary] Under
Secretary'' means the [Assistant Secretary] Under
Secretary for Communications and Information.
(3) The term ``Secretary'' means the Secretary of
Commerce.
(4) The term ``Commission'' means the Federal
Communications Commission.
(5) The term ``Corporation'' means the Communications
Satellite Corporation authorized in title III of the
Communications Satellite Act of 1962 (47 U.S.C. 731 et
seq.).
(b) Findings.--The Congress finds the following:
(1) Telecommunications and information are vital to
the public welfare, national security, and
competitiveness of the United States.
(2) Rapid technological advances being made in the
telecommunications and information fields make it
imperative that the United States maintain effective
national and international policies and programs
capable of taking advantage of continued advancements.
(3) Telecommunications and information policies and
recommendations advancing the strategic interests and
the international competitiveness of the United States
are essential aspects of the Nation's involvement in
international commerce.
(4) There is a critical need for competent and
effective telecommunications and information research
and analysis and national and international policy
development, advice, and advocacy by the executive
branch of the Federal Government.
(5) As one of the largest users of the Nation's
telecommunications facilities and resources, the
Federal Government must manage its radio spectrum use
and other internal communications operations in the
most efficient and effective manner possible.
(6) It is in the national interest to codify the
authority of the National Telecommunications and
Information Administration, an agency in the Department
of Commerce, as the executive branch agency principally
responsible for advising the President on
telecommunications and information policies, and for
carrying out the related functions it currently
performs, as reflected in Executive Order 12046.
(c) Policy.--The NTIA shall seek to advance the following
policies:
(1) Promoting the benefits of technological
development in the United States for all users of
telecommunications and information facilities.
(2) Fostering national safety and security, economic
prosperity, and the delivery of critical social
services through telecommunications.
(3) Facilitating and contributing to the full
development of competition, efficiency, and the free
flow of commerce in domestic and international
telecommunications markets.
(4) Fostering full and efficient use of
telecommunications resources, including effective use
of the radio spectrum by the Federal Government, in a
manner which encourages the most beneficial uses
thereof in the public interest.
(5) Furthering scientific knowledge about
telecommunications and information.
(6) Fostering the digital economy of the United
States in order to ensure the competitiveness, future
economic growth, and security of the United States.
(7) Working to ensure that global communications
networks remain open and innovative, including without
inappropriate barriers to entry or operation.
(8) With respect to the United States, in
coordination with the Commission, achieving the
universal availability of and access to
telecommunications service and information service (as
those terms are defined in section 3 of the
Communications Act of 1934) and any technology related
to such service.
SEC. 103. ESTABLISHMENT; ASSIGNED FUNCTIONS.
(a) Establishment.--
(1) Administration.--There shall be within the
Department of Commerce an administration to be known as
the National Telecommunications and Information
Administration.
(2) Head of administration.--The head of the NTIA
shall be an [Assistant Secretary] Under Secretary of
Commerce for Communications and Information, who shall
be appointed by the President, by and with the advice
and consent of the Senate.
(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.
(b) Assigned Functions.--
(1) In general.--Subject to section 105(d), the
Secretary shall assign to the [Assistant Secretary]
Under Secretary and the NTIA responsibility for the
performance of the Secretary's communications and
information functions.
(2) Communications and information functions.--
Subject to section 105(d), the functions to be assigned
by the Secretary under paragraph (1) include (but are
not limited to) the following functions, some of which
were transferred to the Secretary by Reorganization
Plan Number 1 of 1977 and Executive Order 12046:
(A) The authority delegated by the President
to the Secretary to assign frequencies to radio
stations or classes of radio stations belonging
to and operated by the United States, including
the authority to amend, modify, or revoke such
assignments, but not including the authority to
make final disposition of appeals from
frequency assignments.
(B) The authority to authorize a foreign
government to construct and operate a radio
station at the seat of Government of the United
States, but only upon recommendation of the
Secretary of State and after consultation with
the Attorney General and the Chairman of the
Commission.
(C) Functions relating to the communications
satellite system, including authority vested in
the President by section 201(a) of the
Communications Satellite Act of 1962 (47 U.S.C.
721(a)) and delegated to the Secretary under
Executive Order 12046, to--
(i) aid in the planning and
development of the commercial
communications satellite system and the
execution of a national program for the
operation of such a system;
(ii) conduct a continuous review of
all phases of the development and
operation of such system, including the
activities of the Corporation;
(iii) coordinate, in consultation
with the Secretary of State, the
activities of governmental agencies
with responsibilities in the field of
telecommunications, so as to ensure
that there is full and effective
compliance at all times with the
policies set forth in the
Communications Satellite Act of 1962;
(iv) make recommendations to the
President and others as appropriate,
with respect to steps necessary to
ensure the availability and appropriate
utilization of the communications
satellite system for general
governmental purposes in consonance
with section 201(a)(6) of the
Communications Satellite Act of 1962
(47 U.S.C. 721(a)(6));
(v) help attain coordinated and
efficient use of the electromagnetic
spectrum and the technical
compatibility of the communications
satellite system with existing
communications facilities both in the
United States and abroad;
(vi) assist in the preparation of
Presidential action documents for
consideration by the President as may
be appropriate under section 201(a) of
the Communications Satellite Act of
1962 (47 U.S.C. 721(a)), make necessary
recommendations to the President in
connection therewith, and keep the
President informed with respect to the
carrying out of the Communications
Satellite Act of 1962; and
(vii) serve as the chief point of
liaison between the President and the
Corporation.
(D) The authority to serve as the President's
principal adviser on telecommunications
policies pertaining to the Nation's economic
and technological advancement and to the
regulation of the telecommunications industry.
(E) The authority to advise the Director of
the Office of Management and Budget on the
development of policies relating to the
procurement and management of Federal
telecommunications systems.
(F) The authority to conduct studies and
evaluations concerning telecommunications
research and development and concerning the
initiation, improvement, expansion, testing,
operation, and use of Federal
telecommunications systems and advising
agencies of the results of such studies and
evaluations.
(G) Functions which involve--
(i) developing and setting forth, in
coordination with the Secretary of
State and other interested agencies,
plans, policies, and programs which
relate to international
telecommunications issues, conferences,
and negotiations;
(ii) coordinating economic,
technical, operational, and related
preparations for United States
participation in international
telecommunications conferences and
negotiations; and
(iii) providing advice and assistance
to the Secretary of State on
international telecommunications
policies to strengthen the position and
serve the best interests of the United
States in support of the Secretary of
State's responsibility for the conduct
of foreign affairs.
(H) The authority to provide for the
coordination of the telecommunications and
information activities of the executive branch
and assist in the formulation of policies and
standards for those activities, including (but
not limited to) considerations of
interoperability, privacy, security, spectrum
use, [and emergency readiness] emergency
readiness, the flow of information, and with
respect to the United States, in coordination
with the Commission, the universal availability
of and access to telecommunications service and
information service (as those terms are defined
in section 3 of the Communications Act of 1934)
and any technology related to such service.
(I) The authority to develop and set forth
telecommunications policies pertaining to the
Nation's economic and technological advancement
and to the regulation of the telecommunications
industry.
(J) The responsibility to ensure that the
views of the executive branch on
telecommunications matters are effectively
presented to the Commission and, in
coordination with the Director of the Office of
Management and Budget, to the Congress.
(K) The authority to establish policies
concerning spectrum assignments and use by
radio stations belonging to and operated by the
United States.
(L) Functions which involve--
(i) developing, in cooperation with
the Commission, a comprehensive long-
range plan for improved management of
all electromagnetic spectrum resources;
(ii) performing analysis,
engineering, and administrative
functions, including the maintenance of
necessary files and data bases, as
necessary for the performance of
assigned functions for the management
of electromagnetic spectrum resources;
(iii) conducting research and
analysis of electromagnetic
propagation, radio systems
characteristics, and operating
techniques affecting the utilization of
the electromagnetic spectrum in
coordination with specialized, related
research and analysis performed by
other Federal agencies in their areas
of responsibility; and
(iv) conducting research and analysis
in the general field of
telecommunications sciences in support
of assigned functions and in support of
other Government agencies.
(M) The authority to conduct studies, publish
reports, and make recommendations concerning
the impact of the convergence of computer and
communications technology.
(N) The authority to coordinate Federal
telecommunications assistance to State and
local governments.
(O) The authority to conduct and coordinate
economic and technical analyses of
telecommunications policies, activities, and
opportunities in support of assigned functions.
(P) The authority to contract for studies and
reports relating to any aspect of assigned
functions.
(Q) The authority to participate, as
appropriate, in evaluating the capability of
telecommunications resources, in recommending
remedial actions, and in developing policy
options.
(R) The authority to participate with the
National Security Council and the Director of
the Office of Science and Technology Policy as
they carry out their responsibilities under
sections 4-1, 4-2, and 4-3 of Executive Order
12046, with respect to emergency functions, the
national communication system, and
telecommunications planning functions.
(S) The authority to establish coordinating
committees pursuant to section 10 of Executive
Order 11556.
(T) The authority to establish, as permitted
by law, such interagency committees and working
groups composed of representatives of
interested agencies and consulting with such
departments and agencies as may be necessary
for the effective performance of assigned
functions.
(U) The responsibility to promote the best
possible and most efficient use of
electromagnetic spectrum resources across the
Federal Government, subject to and consistent
with the needs and missions of Federal
agencies.
(V) The authority to conduct studies, publish
reports, and make recommendations--
(i) on any Federal, State, local, or
private policy or practice relating to
communications, information, or the
digital economy of the United States;
and
(ii) that consider interoperability,
privacy, security, spectrum use,
emergency readiness, the flow of
information, and with respect to the
United States, in coordination with the
Commission, the universal availability
of and access to telecommunications
service and information service (as
those terms are defined in section 3 of
the Communications Act of 1934) and any
technology related to such service.
(3) Additional communications and information
functions.--In addition to the functions described in
paragraph (2), the Secretary under paragraph (1)--
(A) may assign to the NTIA the performance of
functions under section 504(a) of the
Communications Satellite Act of 1962 (47 U.S.C.
753(a));
(B) shall assign to the NTIA the
administration of the Public Telecommunications
Facilities Program under sections 390 through
393 of the Communications Act of 1934 (47
U.S.C. 390-393), and the National Endowment for
Children's Educational Television under section
394 of the Communications Act of 1934 (47
U.S.C. 394); and
(C) shall assign to the NTIA responsibility
for providing for the establishment, and
overseeing operation, of a second-level
Internet domain within the United States
country code domain in accordance with section
157.
SEC. 104. SPECTRUM MANAGEMENT ACTIVITIES.
(a) Revision of Regulations.--Within 180 days after the date
of the enactment of this Act, the Secretary of Commerce and the
NTIA shall amend the Department of Commerce spectrum management
document entitled ``Manual of Regulations and Procedures for
Federal Radio Frequency Management'' to improve Federal
spectrum management activities and shall publish in the Federal
Register any changes in the regulations in such document.
(b) Requirements for Revisions.--The amendments required by
subsection (a) shall--
(1) provide for a period at the beginning of each
meeting of the Interdepartmental Radio Advisory
Committee to be open to the public to make
presentations and receive advice, and provide the
public with other meaningful opportunities to make
presentations and receive advice;
(2) include provisions that will require (A)
publication in the Federal Register of major policy
proposals that are not classified and that involve
spectrum management, and (B) adequate opportunity for
public review and comment on those proposals;
(3) include provisions that will require publication
in the Federal Register of major policy decisions that
are not classified and that involve spectrum
management;
(4) include provisions that will require that
nonclassified spectrum management information be made
available to the public, including access to electronic
databases; and
(5) establish procedures that provide for the prompt
and impartial consideration of requests for access to
Government spectrum by the public, which procedures
shall include provisions that will require the
disclosure of the status and ultimate disposition of
any such request.
(c) Certification to Congress.--Not later than 180 days after
the date of enactment of this Act, the Secretary of Commerce
shall certify to Congress that the Secretary has complied with
this section.
(d) Radio Services.--
(1) Assignments for radio services.--In assigning
frequencies for mobile radio services and other radio
services, the Secretary of Commerce shall promote
efficient and cost-effective use of the spectrum to the
maximum extent feasible.
(2) Authority to withhold assignments.--The Secretary
of Commerce shall have the authority to withhold or
refuse to assign frequencies for mobile radio service
or other radio service in order to further the goal of
making efficient and cost-effective use of the
spectrum.
(3) Spectrum plan.--By October 1, 1993, the Secretary
of Commerce shall adopt and commence implementation of
a plan for Federal agencies with existing mobile radio
systems to use more spectrum-efficient technologies
that are at least as spectrum-efficient and cost-
effective as readily available commercial mobile radio
systems. The plan shall include a time schedule for
implementation.
(4) Report to congress.--By October 1, 1993, the
Secretary of Commerce 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 summarizing the plan adopted
under paragraph (3), including the implementation
schedule for the plan.
(e) Proof of Compliance With FCC Licensing Requirements.--
(1) Amendment to manual required.--Within 90 days
after the date of enactment of this subsection, the
Secretary and the NTIA shall amend the spectrum
management document described in subsection (a) to
require that--
(A) no person or entity (other than an agency
or instrumentality of the United States) shall
be permitted, after 1 year after such date of
enactment, to operate a radio station utilizing
a frequency that is authorized for the use of
government stations pursuant to section
103(b)(2)(A) of this Act for any non-government
application unless such person or entity has
submitted to the NTIA proof, in a form
prescribed by such manual, that such person or
entity has obtained a license from the
Commission; and
(B) no person or entity (other than an agency
or instrumentality of the United States) shall
be permitted, after 1 year after such date of
enactment, to utilize a radio station belonging
to the United States for any non-government
application unless such person or entity has
submitted to the NTIA proof, in a form
prescribed by such manual, that such person or
entity has obtained a license from the
Commission.
(2) Retention of forms.--The NTIA shall maintain on
file the proofs submitted under paragraph (1), or
facsimiles thereof.
(3) Certification.--Within 1 year after the date of
enactment of this subsection, the Secretary and the
NTIA shall certify to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate that--
(A) the amendments required by paragraph (1)
have been accomplished; and
(B) the requirements of subparagraphs (A) and
(B) of such paragraph are being enforced.
(f) Identification and Implementation of Spectrum Management
Technologies.--The Under Secretary shall identify and implement
technologies that promote, with respect to frequencies assigned
on a primary or co-primary basis to 1 or more Federal
entities--
(1) dynamic spectrum access;
(2) network sensing and monitoring; and
(3) optical and quantum communications.
(g) Prototyping of Advanced Communications Technologies.--The
Under Secretary shall, with respect to frequencies assigned on
a primary or co-primary basis to 1 or more Federal entities--
(1) encourage the development of, and broad
participation in, a skilled workforce to conduct
prototyping of advanced communications technologies;
and
(2) support partnerships among institutions to
develop a skilled workforce to conduct prototyping of
advanced communications technologies.
SEC. 105. GENERAL ADMINISTRATIVE PROVISIONS.
(a) Interagency Functions.--
(1) Agency consultation.--Federal agencies shall
consult with the [Assistant Secretary] Under Secretary
and the NTIA [to ensure that the conduct] to ensure
that--
(A) the conduct of telecommunications
activities by such agencies is consistent with
the policies developed under section
103(b)(2)(K)[.]; and
(B) the views of the executive branch on
matters presented to the Commission are,
consistent with section 103(b)(2)(J)--
(i) appropriately coordinated; and
(ii) reflective of executive branch
policy.
[(2) Report to president.--The Secretary shall timely
submit to the President each year the report (including
evaluations and recommendations) provided for in
section 404(a) of the Communications Satellite Act of
1962 (47 U.S.C. 744(a)).]
[(3)] (2) Coordination with secretary of state.--The
Secretary shall coordinate with the Secretary of State
the performance of the functions described in section
103(b)(2)(C). The Corporation and concerned executive
agencies shall provide the Secretary with such
assistance, documents, and other cooperation as will
enable the Secretary to carry out those functions.
(b) Advisory Committees and Informal Consultations With
Industry.--To the extent the [Assistant Secretary] Under
Secretary deems it necessary to continue the Interdepartmental
Radio Advisory Committee, such Committee shall serve as an
advisory committee to the [Assistant Secretary] Under Secretary
and the NTIA. As permitted by law, the [Assistant Secretary]
Under Secretary may establish one or more telecommunications or
information advisory committees (or both) composed of experts
in the telecommunications and/or information areas outside the
Government. The NTIA may also informally consult with industry
as appropriate to carry out the most effective performance of
its functions.
(c) General Provisions.--
(1) Regulations.--The Secretary and NTIA shall issue
such regulations as may be necessary to carry out the
functions assigned under this title.
(2) Support and assistance from other agencies.--All
executive agencies are authorized and directed to
cooperate with the NTIA and to furnish it with such
information, support, and assistance, not inconsistent
with law, as it may require in the performance of its
functions.
(3) Effect on vested functions.--Nothing in this
title reassigns any function that is, on the date of
enactment of this Act, vested by law or executive order
in the Commission, or the Department of State, or any
officer thereof.
(d) Reorganization.--
(1) Authority to reorganize.--Subject to paragraph
(2), the Secretary may reassign to another unit of the
Department of Commerce a function (or portion thereof)
required to be assigned to the NTIA by section 103(b).
(2) Limitation on authority.--The Secretary may not
make any reassignment of a function (or portion
thereof) required to be assigned to the NTIA by section
103(b) unless the Secretary submits to the Committee on
Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of
Representatives a statement describing the proposed
reassignment and containing an explanation of the
reasons for the reassignment. No reassignment of any
such function (or portion thereof) shall be effective
until 90 legislative days after the Secretary submits
that statement to such Committees. For purposes of this
paragraph, the term ``legislative days'' includes only
days on which both Houses of Congress are in session.
(e) Limitation on Solicitations.--Notwithstanding section 1
of the Act of October 2, 1964 (15 U.S.C. 1522), neither the
Secretary, the [Assistant Secretary] Under Secretary, nor any
officer or employee of the NTIA shall solicit any gift or
bequest of property, both real and personal, from any entity
for the purpose of furthering the authorized functions of the
NTIA if such solicitation would create a conflict of interest
or an appearance of a conflict of interest.
SEC. 106. OFFICE OF SPECTRUM MANAGEMENT.
(a) Establishment.--There is established within the NTIA an
Office of Spectrum Management (in this section referred to as
the ``Office'').
(b) Head of Office.--
(1) In general.--The head of the Office shall be an
Associate Administrator for Spectrum Management (in
this section referred to as the ``Associate
Administrator'').
(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as
that term is defined in section 3132(a)(4) of title 5,
United States Code).
(3) Requirement to report.--The Associate
Administrator shall report to the Under Secretary (or a
designee of the Under Secretary).
(c) Duties.--The Associate Administrator shall, at the
direction of the Under Secretary--
(1) carry out responsibilities under section
103(b)(2)(A) (relating to frequency assignments for
radio stations belonging to and operated by the United
States), make frequency allocations for frequencies
that will be used by such stations, and develop and
maintain techniques, databases, measurements, files,
and procedures necessary for such allocations;
(2) carry out responsibilities under section
103(b)(2)(K) (relating to establishing policies
concerning spectrum assignments and use by radio
stations belonging to and operated by the United
States) and provide Federal agencies with guidance to
ensure that the conduct of telecommunications
activities by such agencies is consistent with such
policies;
(3) represent the interests of Federal agencies in
the process through which the Commission and the NTIA
jointly determine the National Table of Frequency
Allocations, and coordinate with the Commission in the
development of a comprehensive long-range plan for
improved management of all electromagnetic spectrum
resources;
(4) appoint the chairpersons of and provide
secretariat functions for the Interdepartmental Radio
Advisory Committee and the PPSG (as defined in section
107(d));
(5) carry out responsibilities under section
103(b)(2)(B) (relating to authorizing a foreign
government to construct and operate a radio station at
the seat of Government of the United States) and assign
frequencies for use by such stations;
(6) provide advice and assistance to the Under
Secretary and coordinate with the Associate
Administrator for International Affairs in carrying out
spectrum management aspects of the international policy
responsibilities of the NTIA, including spectrum-
related responsibilities under section 103(b)(2)(G);
(7) advise and assist the Under Secretary on
spectrum-related technical and policy issues
regarding--
(A) the security of telecommunications in the
United States; and
(B) systems and means to ensure such
security;
(8) in coordination with the Associate Administrator
for Policy Development and Cybersecurity, carry out
spectrum-related responsibilities under section
103(b)(2)(H) (relating to coordination of the
telecommunications activities of the executive branch
and assistance in the formulation of policies and
standards for such activities);
(9) carry out spectrum-related responsibilities under
section 103(b)(2)(Q) (relating to certain activities
with respect to telecommunications resources);
(10) carry out responsibilities under section 107
(relating to improving spectrum management); and
(11) carry out any other duties of the NTIA with
respect to spectrum policy that the Under Secretary may
designate.
SEC. 107. IMPROVING SPECTRUM MANAGEMENT.
(a) Federal Coordination Procedures.--
(1) Notice.--With respect to each spectrum action,
not later than the end of the period for submitting
comments to the Commission in the proceeding relating
to the spectrum action, the Under Secretary shall file
in the public record with respect to the proceeding
information (redacted as necessary if the information
is protected from disclosure for a reason described in
paragraph (3)) regarding--
(A) when the Commission provided notice to
the Under Secretary regarding the spectrum
action, as required under the Memorandum;
(B) the Federal entities that may be impacted
by the spectrum action;
(C) when the Under Secretary provided notice
to the Federal entities described in
subparagraph (B) regarding the spectrum action;
(D) a summary of any general technical or
procedural concerns raised by Federal entities
to the Under Secretary regarding the spectrum
action; and
(E) any policy concerns of the Under
Secretary regarding the spectrum action.
(2) Final rule.--If the Commission promulgates a
final rule under section 553 of title 5, United States
Code, involving a spectrum action, the Commission shall
prepare, make available to the public, and publish in
the Federal Register along with the final rule an
interagency coordination summary that describes--
(A) when the Commission provided notice to
the Under Secretary regarding the spectrum
action, as required under the Memorandum;
(B) whether the Under Secretary raised
technical, procedural, or policy concerns
regarding the spectrum action; and
(C) how any concerns described in
subparagraph (B) were resolved.
(3) Rule of construction.--Nothing in this subsection
may be construed to require the disclosure of
classified information, or other information reflecting
technical, procedural, or policy concerns that is
exempt from disclosure under section 552 of title 5,
United States Code (commonly known as the ``Freedom of
Information Act'').
(4) FCC consideration.--The Commission may not
consider any technical, procedural, or policy concerns
of a Federal entity regarding a spectrum action unless
such concerns are filed by the Under Secretary on
behalf of the Federal entity in the public record with
respect to the proceeding of the Commission relating to
the spectrum action.
(b) Federal Spectrum Coordination Responsibilities.--
(1) In general.--Not later than 180 days after the
date of the enactment of this section, the Under
Secretary shall establish a charter for the PPSG.
(2) PPSG representative.--
(A) In general.--The head of each Federal
entity that is reflected in the membership of
the PPSG, as identified in the charter
established under paragraph (1), shall appoint
a senior-level employee (or an individual
occupying a Senior Executive Service position,
as defined in section 3132(a) of title 5,
United States Code) who is eligible to receive
a security clearance that allows for access to
sensitive compartmented information to serve as
the representative of the Federal entity to the
PPSG.
(B) Security clearance requirement.--If an
individual appointed under subparagraph (A) is
not eligible to receive a security clearance
described in that subparagraph--
(i) the appointment shall be invalid;
and
(ii) the head of the Federal entity
making the appointment shall appoint
another individual who satisfies the
requirements of that subparagraph,
including the requirement that the
individual is eligible to receive such
a security clearance.
(3) Duties.--An individual appointed under paragraph
(2) shall--
(A) oversee the spectrum coordination
policies and procedures of the applicable
Federal entity;
(B) be responsible for timely notification to
the PPSG and to the Under Secretary of
technical or procedural concerns of the
applicable Federal entity regarding a spectrum
action; and
(C) work closely with the representative of
the applicable Federal entity to the
Interdepartmental Radio Advisory Committee.
(4) Public contact.--
(A) In general.--The head of each Federal
entity described in paragraph (2) shall list,
on the website of the Federal entity, the name
and contact information of the representative
of the Federal entity to the PPSG, as appointed
under such paragraph.
(B) NTIA responsibility.--The Under Secretary
shall publish on the public website of the NTIA
a complete list of the representatives to the
PPSG appointed under paragraph (2).
(5) Annual report.--In the last quarter of each
calendar year, each executive agency that is authorized
and directed to cooperate with the NTIA under section
105(c)(2) shall submit to the Under Secretary a report,
for the fiscal year ending most recently before the
beginning of such quarter, describing the steps taken
in such fiscal year by the executive agency to comply
with such section.
(c) Coordination Between Commission and NTIA.--
(1) Updates.--Not later than 3 years after the date
of the enactment of this section, and every 4 years
thereafter or more frequently as appropriate, the
Commission and the NTIA shall update the Memorandum.
(2) Nature of update.--The updates required by
paragraph (1) shall reflect such changing
technological, procedural, and policy circumstances as
the Commission and the NTIA determine necessary and
appropriate.
(d) Definitions.--In this section:
(1) Memorandum.--The term ``Memorandum'' means the
Memorandum of Understanding between the Commission and
the NTIA (relating to increased coordination between
Federal spectrum management agencies to promote the
efficient use of the radio spectrum in the public
interest), signed on August 1, 2022, or any successor
memorandum.
(2) PPSG.--The term ``PPSG'' means the interagency
advisory body that, as of the date of the enactment of
this section, is known as the Policy and Plans Steering
Group.
(3) Spectrum action.--The term ``spectrum action''
means a proposed action by the Commission to reallocate
radio frequency spectrum that is anticipated to result
in a system of competitive bidding conducted under
section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)) or non-Federal use that could
potentially cause interference to the spectrum
operations of a Federal entity.
SEC. 108. INSTITUTE FOR TELECOMMUNICATION SCIENCES.
(a) Establishment.--
(1) In general.--Under the authority provided to the
Under Secretary under section 103, the Under Secretary
shall operate a test center to be known as the
Institute for Telecommunication Sciences (in this
section referred to as ``ITS'').
(2) Functions.--
(A) In general.--In addition to any functions
delegated by the Under Secretary under
subparagraph (B), ITS shall serve as the
primary laboratory for the executive branch of
the Federal Government to--
(i) study radio frequency emissions,
including technologies and techniques
to control such emissions and
interference caused by such emissions;
(ii) determine spectrum propagation
characteristics;
(iii) conduct tests on technology
that enhances the sharing of
electromagnetic spectrum between
Federal and non-Federal users;
(iv) improve the interference
tolerance of Federal systems operating
with, or using, Federal spectrum;
(v) promote activities relating to
access to Federal spectrum by non-
Federal users and the sharing of
Federal spectrum between Federal and
non-Federal users; and
(vi) conduct such other activities as
determined necessary by the Under
Secretary.
(B) Additional functions.--The Under
Secretary may delegate to ITS any of the
functions assigned to the Under Secretary under
section 103(b)(1).
(3) Agreements and transactions.--In carrying out the
functions described in paragraph (2), the Under
Secretary, acting through the head of ITS, may enter
into agreements as provided under the following
authorities:
(A) Sections 11 and 12 of the Stevenson-
Wydler Technology Innovation Act of 1980.
(B) Section 1535 of title 31, United States
Code.
(C) Sections 207 and 209 of title 35, United
States Code.
(D) Section 103(b)(2) of this Act.
(E) Section 113(g) of this Act.
(F) The first undesignated section of Public
Law 91-412.
(G) Authority provided under any other
Federal statute.
(4) Federal spectrum defined.--In this subsection,
the term ``Federal spectrum'' means frequencies
assigned on a primary basis to a Federal entity (as
defined in section 113(l)).
(b) Emergency Communication and Tracking Technologies
Initiative.--
(1) Establishment.--The Under Secretary, acting
through the head of ITS, shall establish an initiative
to support the development of emergency communication
and tracking technologies for use in locating trapped
individuals in confined spaces, such as underground
mines, and other shielded environments, such as high-
rise buildings or collapsed structures, where
conventional radio communication is limited.
(2) Activities.--In order to carry out this
subsection, the Under Secretary, acting through the
head of ITS, shall work with private sector entities
and the heads of appropriate Federal agencies, to--
(A) perform a needs assessment to identify
and evaluate the measurement, technical
specifications, and conformity assessment needs
required to improve the operation and
reliability of such emergency communication and
tracking technologies; and
(B) support the development of technical
specifications and conformance architecture to
improve the operation and reliability of such
emergency communication and tracking
technologies.
(3) Report.--Not later than 18 months after the date
of the enactment of this section, the Under Secretary
shall submit to Congress, and make publicly available,
a report on the assessment performed under paragraph
(2)(A).
SEC. 109. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--Not later than 90 days after the
date of the enactment of this section, the Under
Secretary shall establish within the NTIA a Commerce
Spectrum Management Advisory Committee (referred to in
this section as the ``CSMAC'').
(2) Existing advisory committees.--A Federal advisory
committee of the NTIA that is operating, on the date of
the enactment of this section, under a charter for the
purpose of carrying out duties substantially similar to
the duties described in subsection (b), satisfies the
requirements of paragraph (1) if the membership of such
committee complies with subsection (c) or is modified
to comply with such subsection not later than 90 days
after the date of the enactment of this section.
(b) Duties.--The CSMAC shall advise and make recommendations
to the Under Secretary with respect to--
(1) developing and maintaining spectrum management
policies that enable the United States to maintain or
strengthen its global leadership role in the
introduction of innovative communications technologies
and services, including those that enable critical
missions of the Federal Government;
(2) objectives that advance spectrum-based
innovation, including facilitating access to--
(A) wireless broadband internet access
service;
(B) space-based services;
(C) non-communications services, including
radiolocation services and sensing services;
and
(D) other emerging technologies;
(3) fostering increased spectrum sharing among all
users;
(4) promoting innovation and rapid advances in
technology that support the more efficient use of
spectrum;
(5) authorizing radio systems and frequencies in a
way that maximizes the benefits to the public;
(6) establishing a long-range spectrum planning
process and identifying international opportunities to
advance the economic interests of the United States
through spectrum management;
(7) how best to leverage radio frequency-related
research, development, and testing and evaluation
efforts;
(8) ways to foster more efficient and innovative uses
of electromagnetic spectrum resources across the
Federal Government, subject to and consistent with the
needs and missions of Federal agencies;
(9) new issues associated with spectrum sharing on
frequencies assigned on a primary or co-primary basis
to 1 or more Federal entities, including harmful
interference and associated enforcement challenges; and
(10) developing balanced policies that promote
licensed, unlicensed, and other forms of access to
spectrum.
(c) Members.--
(1) Composition of committee.--To the extent
practicable, the CSMAC shall be composed of not less
than 10 but not more than 30 members appointed by the
Under Secretary with the goal of providing a balanced
representation of--
(A) non-Federal spectrum users;
(B) State government and local government;
(C) technology developers and manufacturers;
(D) academia;
(E) civil society;
(F) providers of mobile broadband internet
access service and providers of fixed broadband
internet access service, including--
(i) providers with customers in both
domestic and international markets;
(ii) small providers; and
(iii) rural providers;
(G) providers of communications services
using satellite communications networks;
(H) Federal spectrum users; and
(I) Tribal organizations.
(2) Appointments.--
(A) In general.--The Under Secretary shall
appoint members to the CSMAC for up to a two-
year term, except that members may be
reappointed for additional terms by the Under
Secretary.
(B) Removal.--Each member appointed under
subparagraph (A) shall serve on the CSMAC at
the pleasure and discretion of the Under
Secretary.
(3) Chair.--
(A) Appointment.--The Under Secretary shall
appoint one or more members from among those
appointed to the CSMAC to serve as Chair or Co-
Chairs of the CSMAC.
(B) Service.--The Chair, or Co-Chairs, as the
case may be, shall serve at the pleasure and
discretion of the Under Secretary.
(4) Vacancy.--A vacancy on the CSMAC shall be filled
in the manner in which the original appointment was
made and the member so appointed shall serve for the
remainder of the term.
(5) Compensation.--The members of the CSMAC shall
serve without compensation.
(d) Subcommittees.--
(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary
for the performance by the CSMAC of the duties
described under subsection (b), the CSMAC may establish
subcommittees, working groups, standing committees, ad
hoc groups, task groups, or other subgroups of the
CSMAC.
(2) Limitations and additional participation.--Any
subcommittee, working group, standing committee, ad hoc
group, task group, or other subgroup established under
paragraph (1)--
(A) shall report to the CSMAC;
(B) may not provide any advice,
recommendation, or other work product directly
to the Under Secretary; and
(C) may seek participation by any person who
is not a member of the CSMAC to inform the
activity of such subcommittee, working group,
standing committee, ad hoc group, task group,
or other subgroup.
(e) Duration.--Section 1013(a)(2)(B) of title 5, United
States Code (relating to the termination of advisory
committees) shall not apply to the CSMAC.
SEC. 110. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.
(a) Establishment.--There is established within the NTIA an
Office of Policy Development and Cybersecurity (in this section
referred to as the ``Office'').
(b) Head of Office.--
(1) In general.--The head of the Office shall be an
Associate Administrator for Policy Development and
Cybersecurity (in this section referred to as the
``Associate Administrator'').
(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as
that term is defined in section 3132(a)(4) of title 5,
United States Code).
(3) Requirement to report.--The Associate
Administrator shall report to the Under Secretary (or a
designee of the Under Secretary).
(c) Duties.--
(1) In general.--The Associate Administrator shall,
at the direction of the Under Secretary, oversee and
conduct national communications and information policy
analysis and development for the internet and
communications technologies.
(2) Particular duties.--In carrying out paragraph
(1), the Associate Administrator shall, at the
direction of the Under Secretary--
(A) develop, analyze, and advocate for
market-based policies that promote innovation,
competition, consumer access, digital
inclusion, workforce development, and economic
growth in the communications, media, and
technology markets;
(B) conduct studies, as delegated by the
Under Secretary or required by Congress, on how
individuals in the United States access and use
the internet, wireline and wireless telephony,
mass media, other digital services, and video
services;
(C) coordinate transparent, consensus-based,
multistakeholder processes to create guidance
for and to support the development and
implementation of cybersecurity and privacy
policies with respect to the internet and other
communications networks;
(D) promote increased collaboration between
security researchers and providers of
communications services and software system
developers;
(E) perform such duties as the Under
Secretary considers appropriate relating to the
program for preventing future vulnerabilities
established under section 8(a) of the Secure
and Trusted Communications Networks Act of 2019
(47 U.S.C. 1607(a));
(F) advocate for policies that promote the
security and resilience to cybersecurity
incidents of communications networks while
fostering innovation, including policies that
promote secure communications network supply
chains;
(G) present security of the digital economy
and infrastructure and cybersecurity policy
efforts before the Commission, Congress, and
elsewhere;
(H) provide advice and assistance to the
Under Secretary in carrying out the policy
responsibilities of the NTIA with respect to
cybersecurity policy matters, including the
evaluation of the impact of cybersecurity
matters pending before the Commission, other
Federal agencies, and Congress;
(I) in addition to the duties described in
subparagraph (H), perform such other duties
regarding the policy responsibilities of the
NTIA with respect to cybersecurity policy
matters as the Under Secretary considers
appropriate;
(J) develop policies to accelerate innovation
and commercialization with respect to advances
in technological understanding of
communications technologies;
(K) identify barriers to trust, security,
innovation, and commercialization with respect
to communications technologies, including
access to capital and other resources, and ways
to overcome such barriers;
(L) provide public access to relevant data,
research, and technical assistance on
innovation and commercialization with respect
to communications technologies, consistent with
the protection of classified information;
(M) strengthen collaboration on and
coordination of policies relating to innovation
and commercialization with respect to
communications technologies, including policies
focused on the needs of small businesses and
rural communities--
(i) within the Department of
Commerce;
(ii) between the Department of
Commerce and State government agencies,
as appropriate; and
(iii) between the Department of
Commerce and the Commission or any
other Federal agency the Under
Secretary determines to be necessary;
and
(N) solicit and consider feedback from small
and rural communications service providers, as
appropriate.
SEC. 110A. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.
(a) Establishment.--There is established within the NTIA a
Digital Economy and Cybersecurity Board of Advisors (in this
section referred to as the ``Board'').
(b) Duties.--The Board shall provide to the Under Secretary
recommendations (for implementation by the Under Secretary or
that the Under Secretary could recommend for implementation by
other appropriate entities) with respect to the following:
(1) Technical cybersecurity best practices that
enable economic growth while securing information and
communications networks, including practices that
Federal and non-Federal entities can implement to
secure internet routing protocols, including the Border
Gateway Protocol used by Federal and non-Federal
entities.
(2) Cybersecurity policies to support the development
and implementation of cybersecurity practices with
respect to the internet and information and
communications networks.
(3) Policies that foster collaboration through
public-private partnerships to promote the security and
resilience to cybersecurity incidents of information
and communications networks while fostering innovation,
including policies that promote secure supply chains
for information and communications networks.
(4) Policies to remove barriers to trust, security,
innovation, and commercialization with respect to
information and communications networks.
(c) Members.--
(1) Composition.--
(A) In general.--The Board shall be composed
of not fewer than 5, and not more than 25,
members appointed by the Under Secretary.
(B) Expertise.--Each member of the Board
shall have cybersecurity or supply chain
security technical expertise, cybersecurity or
supply chain security policy expertise, or
expertise in managing or overseeing the
cybersecurity or supply chain security
functions of a business.
(C) Representation.--In appointing members of
the Board under subparagraph (A), the Under
Secretary shall ensure that the members
appointed provide a balanced representation of
the following:
(i) Chief cybersecurity officers or
other qualified individuals employed in
cybersecurity positions, representing
both the public and private sectors.
(ii) Persons who operate or maintain
information and communications
networks, including persons who operate
or maintain small or rural information
and communications networks.
(iii) Vendors that produce or provide
equipment used in information and
communications networks.
(iv) Vendors that produce or provide
software used in information and
communications networks.
(v) Persons who operate or maintain
internet applications.
(2) Terms.--
(A) In general.--Except as provided in
subparagraphs (C) and (D), each member of the
Board shall be appointed for a term of a length
not to exceed 2 years, to be determined by the
Under Secretary.
(B) Reappointment.--A member of the Board,
including a member appointed to fill a vacancy
as provided in subparagraph (D), may be
reappointed for 1 or more additional terms by
the Under Secretary.
(C) Removal.--The Under Secretary may remove
a member of the Board at the discretion of the
Under Secretary.
(D) Vacancy.--Any member of the Board
appointed to fill a vacancy occurring before
the expiration of the term for which the
predecessor of the member was appointed shall
be appointed only for the remainder of such
term. A vacancy in the Board shall be filled in
the manner in which the original appointment
was made.
(3) Chair.--The Chair of the Board shall be the
Associate Administrator of the NTIA for Policy
Development and Cybersecurity.
(4) Compensation.--The members of the Board shall
serve without compensation.
(d) Subcommittees.--
(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary
for the performance by the Board of the duties
described in subsection (b), the Board may establish
subcommittees, working groups, standing committees, ad
hoc groups, task groups, or other subgroups of the
Board.
(2) Limitation.--Any subcommittee, working group,
standing committee, ad hoc group, task group, or other
subgroup of the Board established under paragraph (1)--
(A) shall report to the Board; and
(B) may not provide any advice,
recommendation, or other work product directly
to the Under Secretary.
(e) Termination.--Notwithstanding section 1013 of title 5,
United States Code, the Board shall terminate on the date that
is 4 years after the date of the enactment of this section.
(f) Definitions.--In this section:
(1) Border gateway protocol.--The term ``Border
Gateway Protocol'' means the routing protocol used to
exchange network reachability information among
independently managed networks on the internet.
(2) Information and communications network.--The term
``information and communications network'' means a
network that provides advanced telecommunications
capability (as defined in section 706(d) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d))).
SEC. 110B. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS.
(a) Establishment.--There is established within the NTIA an
Office of Public Safety Communications (in this section
referred to as the ``Office'').
(b) Head of Office.--
(1) In general.--The head of the Office shall be an
Associate Administrator for Public Safety
Communications (in this section referred to as the
``Associate Administrator'').
(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as
that term is defined in section 3132(a)(4) of title 5,
United States Code).
(3) Requirement to report.--The Associate
Administrator shall report to the Under Secretary (or a
designee of the Under Secretary).
(c) Duties.--The Associate Administrator shall, at the
direction of the Under Secretary--
(1) administer any grant program of the Federal
Government related to Next Generation 9-1-1 on behalf
of the Under Secretary;
(2) analyze public safety policy communications
issues, including by obtaining such analysis;
(3) provide to the Under Secretary advice and
assistance with respect to the Under Secretary--
(A) carrying out the responsibilities of the
NTIA related to public safety communications
policy; and
(B) evaluating the domestic impact of public
safety communications matters pending before
the Commission, Congress, or other entities of
the executive branch of the Federal Government;
(4) carry out any duties established under section 10
of Department Organizational Order 25-7 of the
Department of Commerce titled ``National
Telecommunications and Information Administration'',
effective September 17, 2012;
(5) be responsible for the oversight of the studies
carried out by the Federal Government relating to
enhancing public safety communications;
(6) coordinate with the head of the Institute of
Telecommunication Sciences with respect to the
initiative established under section 108(b);
(7) communicate public safety communications policies
to public entities, including the Commission and
Congress, or private entities; and
(8) carry out any duties regarding the
responsibilities of the NTIA with respect to public
safety communications policy as the Under Secretary may
designate.
(d) Coordination.--The Associate Administrator shall, as the
Under Secretary determines applicable, coordinate with Federal,
State, local, and tribal government entities that are engaged
in public safety communications in carrying out the duties of
the Office.
SEC. 110C. OFFICE OF INTERNATIONAL AFFAIRS.
(a) Establishment.--There is established within the NTIA an
Office of International Affairs (in this section referred to as
the ``Office'').
(b) Head of Office.--
(1) In general.--The head of the Office shall be an
Associate Administrator for International Affairs (in
this section referred to as the ``Associate
Administrator'').
(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as
that term is defined in section 3132(a)(4) of title 5,
United States Code).
(3) Requirement to report.--The Associate
Administrator shall report to the Under Secretary (or a
designee of the Under Secretary).
(c) Duties.--The Associate Administrator shall, at the
direction of the Under Secretary--
(1) conduct analysis of, review, and formulate
international telecommunications and information
policy;
(2) present on international telecommunications and
information policy before the Commission, Congress,
international telecommunications bodies, including the
International Telecommunication Union, and others;
(3) conduct or obtain analysis on economic and other
aspects of international telecommunications and
information policy;
(4) formulate, and recommend to the Under Secretary,
polices and plans with respect to preparation for and
participation in international telecommunications and
information policy activities;
(5) coordinate NTIA and interdepartmental economic,
technical, operational, and other preparations related
to participation by the United States in international
telecommunications and information policy conferences
and negotiations;
(6) ensure NTIA representation with respect to
international telecommunications and information policy
meetings and the activities related to preparation for
such meetings;
(7) coordinate with Federal agencies and private
organizations engaged in activities involving
international telecommunications and information policy
matters and maintain cognizance of the activities of
United States signatories with respect to related
treaties, agreements, and other instruments;
(8) provide advice and assistance related to
international telecommunications and information policy
to other Federal agencies charged with responsibility
for international negotiations, to strengthen the
position and serve the best interests of the United
States in the conduct of negotiations with foreign
nations;
(9) provide advice and assistance to the Under
Secretary with respect to evaluating the international
impact of matters pending before the Commission, other
Federal agencies, and Congress;
(10) carry out, at the request of the Secretary, the
responsibilities of the Secretary under the
Communications Satellite Act of 1962 (47 U.S.C. 701 et
seq.) and other Federal laws related to international
telecommunications and information policy; and
(11) carry out any other duties of the NTIA with
respect to international telecommunications and
information policy that the Under Secretary may
designate.
SEC. 110D. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW
PROCESS.
(a) Establishment and Transition.--
(1) Establishment.--Not later than 180 days after the
date of the enactment of this section, the Under
Secretary, in coordination with the head of each
appropriate Federal entity, shall develop and issue
procedures for, and establish, an interagency review
process (which shall include each appropriate Federal
entity) that considers the law enforcement and national
security policy implications of the approval of a
covered application that may arise from the foreign
ownership interests held in the covered applicant that
submitted the covered application.
(2) Transition.--Upon establishment of the review
process under paragraph (1), the Committee for the
Assessment of Foreign Participation in the United
States Telecommunications Services Sector, established
by Executive Order 13913 (85 Fed. Reg. 19643), shall
terminate.
(b) Applicability.--Any covered application pending before
the Commission that was submitted by a covered applicant that
meets or exceeds the threshold foreign ownership limit is
subject to review under the review process established pursuant
to subsection (a).
(c) Process and Procedural Requirements.--
(1) Referral for review.--
(A) Requirement for fcc to refer complete
application.--The Commission shall refer any
covered application subject to the review
process established pursuant to subsection (a)
to the Under Secretary promptly after the
Commission determines that the covered
application, under the rules and regulations of
the Commission, is complete.
(B) Referral of other requests.--The
Commission may refer for review under the
review process established pursuant to
subsection (a) any other request for action by
the Commission for which the Commission
determines review is necessary under such
process.
(2) Interagency review deadline; determination.--
(A) In general.--Not later than 120 days
after the date on which the Under Secretary
receives a referral from the Commission
pursuant to paragraph (1)--
(i) the review of the covered
application or other request under the
review process established pursuant to
subsection (a) shall be completed; and
(ii) the Under Secretary, in
coordination with the head of each
appropriate Federal entity, shall make
a determination--
(I) to recommend to the
Commission that the Commission
grant, grant conditioned on
mitigation, or deny the covered
application or other request;
or
(II) that the Under Secretary
cannot make a recommendation
with respect to the covered
application or other request.
(B) Presidential determination.--If the Under
Secretary determines under subparagraph
(A)(ii)(II) that the Under Secretary cannot
make a recommendation with respect to the
covered application or other request, the
President, not later than 15 days after the
Under Secretary makes such determination, shall
make a determination to recommend to the
Commission that the Commission grant, grant
conditioned on mitigation, or deny the covered
application or other request.
(C) Extension.--The Under Secretary, in
coordination with the head of each appropriate
Federal entity, may extend the deadline
described in subparagraph (A) an additional 45
days.
(D) Notification of extension.--If the Under
Secretary, in coordination with the head of
each appropriate Federal entity, extends a
deadline pursuant to subparagraph (C), the
Under Secretary shall provide notice of the
extension to the covered applicant or other
requesting party, the Commission, Congress, and
any executive agency the Under Secretary
determines appropriate.
(3) Notification of determination.--Not later than 7
days (excepting Saturdays, Sundays, and legal holidays)
after the Under Secretary or the President (as the case
may be) makes a determination under paragraph (2) to
recommend that the Commission grant, grant conditioned
on mitigation, or deny the application or other
request, the Under Secretary shall notify, in writing,
the Commission and the covered applicant or other
requesting party of the determination.
(4) Disclosure of status of review.--Not later than 5
days (excepting Saturdays, Sundays, and legal holidays)
after receiving an inquiry from a covered applicant or
other requesting party, the Commission, Congress, or an
appropriate executive agency (as determined by the
Under Secretary) for an update with respect to the
status of the review of a relevant covered application
or other request that was referred by the Commission
for review under the review process established
pursuant to subsection (a), the Under Secretary, in
coordination with the head of each appropriate Federal
entity, shall provide, consistent with the protection
of classified information and intelligence sources and
methods, a complete and accurate written response to
such inquiry.
(5) Standardization of information required.--With
respect to the review process established pursuant to
subsection (a), the Under Secretary, in coordination
with the Commission and the head of each appropriate
Federal entity, shall establish a list of questions
requesting written information from a covered applicant
or other requesting party that shall be made publicly
available and posted on the internet website of the
NTIA. Such questions shall, to the maximum extent
possible, be standardized for any potential covered
applicant or other requesting party.
(6) Deadline for provision of information
requested.--Not later than 10 days (excepting
Saturdays, Sundays, and legal holidays) after the date
on which the Under Secretary, in coordination with the
head of each appropriate Federal entity, requests
information from a covered applicant or other
requesting party, the covered applicant or other
requesting party shall submit, in writing, to the NTIA
complete and accurate responses.
(d) Confidentiality of Information.--
(1) In general.--Except as provided in paragraph (2),
any information or documentary material provided to the
Under Secretary under the review process established
pursuant to subsection (a) shall be exempt from
disclosure under section 552 of title 5, United States
Code, and no such information or documentary material
may be made public.
(2) Exceptions.--Paragraph (1) does not prohibit
disclosure of the following:
(A) Information disclosed for purposes of an
administrative or judicial action or
proceeding, subject to appropriate
confidentiality and classification
requirements.
(B) Information disclosed to Congress or a
duly authorized committee or subcommittee of
Congress, subject to appropriate
confidentiality and classification
requirements.
(C) Information disclosed to a domestic
governmental entity, or to a foreign
governmental entity of a United States ally or
partner, under the exclusive direction and
authorization of the Under Secretary, only to
the extent necessary for national security
purposes and subject to appropriate
confidentiality and classification
requirements, including that confidential
information disclosed shall remain
confidential.
(D) Information disclosed to a third party by
mutual agreement of each relevant covered
applicant and the Under Secretary, in
consultation with appropriate Federal entities.
(e) Rule of Construction.--Except as provided in subsection
(d), nothing in this section may be construed as limiting,
superseding, or preventing the invocation of any privileges or
defenses that are otherwise available at law or in equity to
protect against the disclosure of information.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(2) Appropriate federal entities.--The term
``appropriate Federal entities'' means the following:
(A) The Department of Commerce.
(B) The Department of Defense.
(C) The Department of Homeland Security.
(D) The Department of Justice.
(E) The Department of the Treasury.
(F) The Department of State.
(G) The United States Trade Representative.
(H) The Executive Office of the President.
(I) The Office of the Director of National
Intelligence.
(3) Classified information.--The term ``classified
information'' means any information or material that
has been determined by the Federal Government pursuant
to an Executive order, statute, or regulation, to
require protection against unauthorized disclosure for
reasons of national security.
(4) Covered applicant.--The term ``covered
applicant'' means an entity seeking approval of a
covered application from the Commission.
(5) Covered application.--
(A) In general.--The term ``covered
application'' means--
(i) an application under section
214(a) of the Communications Act of
1934 (47 U.S.C. 214(a)) for
authorization to undertake the
construction of a new line or of an
extension of any line, or to acquire or
operate any line, or extension thereof,
or to engage in transmission over or by
means of such additional or extended
line;
(ii) an application under the Act
titled ``An Act relating to the landing
and operation of submarine cables in
the United States,'' approved May 27,
1921 (47 U.S.C. 34 et seq.; 42 Stat. 8)
for--
(I) a submarine cable landing
license; or
(II) an assignment,
modification, or transfer of
control of a submarine cable
landing license; or
(iii) an application for a new
license, or for the transfer,
assignment, or disposal of an existing
license under section 310(d) of the
Communications Act of 1934 (47 U.S.C.
310(d)), that is--
(I) subject to approval by
the Commission under section
310(b)(4) of such Act (47
U.S.C. 310(b)(4)); or
(II) eligible, under the
rules of the Commission, for
forbearance under section 10 of
such Act (47 U.S.C. 160) from
the application of paragraph
(3) of section 310(b) of such
Act (47 U.S.C. 310(b)).
(B) Limitation.--The term ``covered
application'' does not include the following:
(i) An application described in
subparagraph (A) with respect to which
the applicant seeks to transfer,
assign, or otherwise dispose of an
authorization or license to an entity
that--
(I) is owned or controlled by
such applicant;
(II) owns or controls such
applicant; or
(III) is under common
ownership or control with such
applicant.
(ii) An application described in
subparagraph (A) with respect to which
the applicant--
(I) is an applicant that has
been previously approved under
the review process established
pursuant to subsection (a); and
(II) at the time of such
application does not have a
level of foreign ownership that
is more than 10 percent greater
than the level of foreign
ownership of such applicant--
(aa) except as
provided in item (bb),
at any time such
applicant was
previously approved
under the review
process established
pursuant to subsection
(a); or
(bb) if such
applicant has been
subjected to the review
process established
pursuant to subsection
(a) as a result of
exceeding a level of
foreign ownership
pursuant to this
clause, at the time
such applicant was most
recently approved under
such review process
after having been
subjected to such
review process as a
result of exceeding a
level of foreign
ownership pursuant to
this clause.
(iii) An application described in
subparagraph (A)(i) that is domestic.
(iv) An application described in
subparagraph (A) with respect to which
the foreign ownership interests of the
applicant are held by wholly owned
intermediate holding companies that are
controlled by--
(I) a citizen of the United
States; or
(II) an entity organized
under the laws of the United
States.
(6) Threshold foreign ownership limit.--The term
``threshold foreign ownership limit'' means foreign
ownership of, as applicable--
(A) at least the amount determined by the
Commission under section 214(a) of the
Communications Act of 1934 (47 U.S.C. 214(a)),
in the case of an application described in
paragraph (5)(A)(i) of this subsection;
(B) any amount, in the case of an application
described in paragraph (5)(A)(ii) of this
subsection;
(C) at least an amount sufficient for
paragraph (3) or (4) of section 310(b) of such
Act (47 U.S.C. 310(b)) to apply, in the case of
an application described in paragraph
(5)(A)(iii) of this subsection; or
(D) any amount, in the case of any
application described in paragraph (5)(A) of
this subsection if the foreign ownership is
held by a foreign adversary (as specified in
section 7.4 of title 15, Code of Federal
Regulations (or a successor regulation)).
PART B--TRANSFER OF AUCTIONABLE FREQUENCIES
* * * * * * *
SEC. 112. NATIONAL SPECTRUM ALLOCATION PLANNING.
The [Assistant Secretary] Under Secretary and the Chairman
of the Commission shall meet, at least biannually, to conduct
joint spectrum planning with respect to the following issues:
(1) the extent to which licenses for spectrum use can
be issued pursuant to section 309(j) of the 1934 Act to
increase Federal revenues;
(2) the future spectrum requirements for public and
private uses, including State and local government
public safety agencies;
(3) the spectrum allocation actions necessary to
accommodate those uses; and
(4) actions necessary to promote the efficient use of
the spectrum, including spectrum management techniques
to promote increased shared use of the spectrum that
does not cause harmful interference as a means of
increasing commercial access.
SEC. 113. IDENTIFICATION OF REALLOCABLE FREQUENCIES.
(a) Identification Required.--The Secretary shall, within 18
months after the date of the enactment of the Omnibus Budget
Reconciliation Act of 1993 and within 6 months after the date
of enactment of the Balanced Budget Act of 1997, prepare and
submit to the President and the Congress a report identifying
and recommending for reallocation bands of frequencies--
(1) that are allocated on a primary basis for Federal
Government use;
(2) that are not required for the present or
identifiable future needs of the Federal Government;
(3) that can feasibly be made available, as of the
date of submission of the report or at any time during
the next 15 years, for use under the 1934 Act (other
than for Federal Government stations under section 305
of the 1934 Act);
(4) the transfer of which (from Federal Government
use) will not result in costs to the Federal
Government, or losses of services or benefits to the
public, that are excessive in relation to the benefits
to the public that may be provided by non-Federal
licensees; and
(5) that are most likely to have the greatest
potential for productive uses and public benefits under
the 1934 Act if allocated for non-Federal use.
(b) Minimum Amount of Spectrum Recommended.--
(1) Initial reallocation report.--In accordance with
the provisions of this section, the Secretary shall
recommend for reallocation in the initial report
required by subsection (a), for use other than by
Federal Government stations under section 305 of the
1934 Act (47 U.S.C. 305), bands of frequencies that in
the aggregate span not less than 200 megahertz, that
are located below 5 gigahertz, and that meet the
criteria specified in paragraphs (1) through (5) of
subsection (a). Such bands of frequencies shall include
bands of frequencies, located below 3 gigahertz, that
span in the aggregate not less than 100 megahertz.
(2) Mixed uses permitted to be counted.--Bands of
frequencies which a report of the Secretary under
subsection (a) or (d)(1) recommends be partially
retained for use by Federal Government stations, but
which are also recommended to be reallocated to be made
available under the 1934 Act for use by non-Federal
stations, may be counted toward the minimum spectrum
required by paragraph (1) or (3) of this subsection,
except that--
(A) the bands of frequencies counted under
this paragraph may not count toward more than
one-half of the minimums required by paragraph
(1) or (3) of this subsection;
(B) a band of frequencies may not be counted
under this paragraph unless the assignments of
the band to Federal Government stations under
section 305 of the 1934 Act (47 U.S.C. 305) are
limited by geographic area, by time, or by
other means so as to guarantee that the
potential use to be made by such Federal
Government stations is substantially less (as
measured by geographic area, time, or
otherwise) than the potential use to be made by
non-Federal stations; and
(C) the operational sharing permitted under
this paragraph shall be subject to the
interference regulations prescribed by the
Commission pursuant to section 305(a) of the
1934 Act and to coordination procedures that
the Commission and the Secretary shall jointly
establish and implement to ensure against
harmful interference.
(3) Second reallocation report.--In accordance with
the provisions of this section, the Secretary shall
recommend for reallocation in the second report
required by subsection (a), for use other than by
Federal Government stations under section 305 of the
1934 Act (47 U.S.C. 305), a band or bands of
frequencies that--
(A) in the aggregate span not less than 12
megahertz;
(B) are located below 3 gigahertz; and
(C) meet the criteria specified in paragraphs
(1) through (5) of subsection (a).
(c) Criteria for Identification.--
(1) Needs of the federal government.--In determining
whether a band of frequencies meets the criteria
specified in subsection (a)(2), the Secretary shall--
(A) consider whether the band of frequencies
is used to provide a communications service
that is or could be available from a commercial
provider or other vendor;
(B) seek to promote--
(i) the maximum practicable reliance
on commercially available substitutes;
(ii) the sharing of frequencies (as
permitted under subsection (b)(2));
(iii) the development and use of new
communications technologies; and
(iv) the use of nonradiating
communications systems where
practicable; and
(C) seek to avoid--
(i) serious degradation of Federal
Government services and operations;
(ii) excessive costs to the Federal
Government and users of Federal
Government services; and
(iii) excessive disruption of
existing use of Federal Government
frequencies by amateur radio licensees.
(2) Feasibility of use.--In determining whether a
frequency band meets the criteria specified in
subsection (a)(3), the Secretary shall--
(A) assume that the frequency will be
assigned by the Commission under section 303 of
the 1934 Act (47 U.S.C. 303) within 15 years;
(B) assume reasonable rates of scientific
progress and growth of demand for
telecommunications services;
(C) seek to include frequencies which can be
used to stimulate the development of new
technologies; and
(D) consider the immediate and recurring
costs to reestablish services displaced by the
reallocation of spectrum.
(3) Analysis of benefits.--In determining whether a
band of frequencies meets the criteria specified in
subsection (a)(5), the Secretary shall consider--
(A) the extent to which equipment is or will
be available that is capable of utilizing the
band;
(B) the proximity of frequencies that are
already assigned for commercial or other non-
Federal use;
(C) the extent to which, in general,
commercial users could share the frequency with
amateur radio licensees; and
(D) the activities of foreign governments in
making frequencies available for
experimentation or commercial assignments in
order to support their domestic manufacturers
of equipment.
(4) Power agency frequencies.--
(A) Applicability of criteria.--The criteria
specified by subsection (a) shall be deemed not
to be met for any purpose under this part with
regard to any frequency assignment to, or any
frequency assignment used by, a Federal power
agency for the purpose of withdrawing that
assignment.
(B) Mixed use eligibility.--The frequencies
assigned to any Federal power agency may only
be eligible for mixed use under subsection
(b)(2) in geographically separate areas, but in
those cases where a frequency is to be shared
by an affected Federal power agency and a non-
Federal user, such use by the non-Federal user
shall not cause harmful interference to the
affected Federal power agency or adversely
affect the reliability of its power system.
(C) Definition.--As used in this paragraph,
the term ``Federal power agency'' means the
Tennessee Valley Authority, the Bonneville
Power Administration, the Western Area Power
Administration, the Southwestern Power
Administration, the Southeastern Power
Administration, or the Alaska Power
Administration.
(5) Limitation on reallocation.--None of the
frequencies recommended for reallocation in the reports
required by this subsection shall have been
recommended, prior to the date of enactment of the
Omnibus Budget Reconciliation Act of 1993, for
reallocation to non-Federal use by international
agreement.
(d) Procedure for Identification of Reallocable Bands of
Frequencies.--
(1) Submission of preliminary identification to
congress.--Within 6 months after the date of the
enactment of the Omnibus Budget Reconciliation Act of
1993, the Secretary shall prepare, make publicly
available, and submit to the President, the Congress,
and the Commission a report which makes a preliminary
identification of reallocable bands of frequencies
which meet the criteria established by this section.
(2) Public comment.--The Secretary shall provide
interested persons with the opportunity to submit,
within 90 days after the date of its publication,
written comment on the preliminary report required by
paragraph (1). The Secretary shall immediately transmit
a copy of any such comment to the Commission.
(3) Comment and recommendations from commission.--The
Commission shall, within 90 days after the conclusion
of the period for comment provided pursuant to
paragraph (2), submit to the Secretary the Commission's
analysis of such comments and the Commission's
recommendations for responses to such comments,
together with such other comments and recommendations
as the Commission deems appropriate.
(4) Direct discussions.--The Secretary shall
encourage and provide opportunity for direct
discussions among commercial representatives and
Federal Government users of the spectrum to aid the
Secretary in determining which frequencies to recommend
for reallocation. The Secretary shall provide notice to
the public and the Commission of any such discussions,
including the name or names of any businesses or other
persons represented in such discussions. A
representative of the Commission (and of the Secretary
at the election of the Secretary) shall be permitted to
attend any such discussions. The Secretary shall
provide the public and the Commission with an
opportunity to comment on the results of any such
discussions prior to the submission of the initial
report required by subsection (a).
(e) Timetable for Reallocation and Limitation.--
(1) Timetable required.--The Secretary shall, as part
of the reports required by subsections (a) and (d)(1),
include a timetable that recommends effective dates by
which the President shall withdraw or limit assignments
of the frequencies specified in such reports.
(2) Expedited reallocation.--
(A) Required reallocation.--The Secretary
shall, as part of the report required by
subsection (d)(1), specifically identify and
recommend for immediate reallocation bands of
frequencies that in the aggregate span not less
than 50 megahertz, that meet the criteria
described in subsection (a), and that can be
made available for reallocation immediately
upon issuance of the report required by
subsection (d)(1). Such bands of frequencies
shall include bands of frequencies, located
below 3 gigahertz, that in the aggregate span
not less than 25 megahertz.
(B) Permitted reallocation.--The Secretary
may, as part of such report, identify and
recommend bands of frequencies for immediate
reallocation for a mixed use pursuant to
subsection (b)(2), but such bands of
frequencies may not count toward the minimums
required by subparagraph (A).
(3) Delayed effective dates.--In setting the
recommended delayed effective dates, the Secretary
shall--
(A) consider the need to reallocate bands of
frequencies as early as possible, taking into
account the requirements of paragraphs (1) and
(2) of section 115(b);
(B) be based on the useful remaining life of
equipment that has been purchased or contracted
for to operate on identified frequencies;
(C) consider the need to coordinate frequency
use with other nations; and
(D) take into account the relationship
between the costs to the Federal Government of
changing to different frequencies and the
benefits that may be obtained from commercial
and other non-Federal uses of the reassigned
frequencies.
(f) Additional Reallocation Report.--If the Secretary
receives a notice from the Commission pursuant to section
3002(c)(5) of the Balanced Budget Act of 1997, the Secretary
shall prepare and submit to the President, the Commission, and
the Congress a report recommending for reallocation for use
other than by Federal Government stations under section 305 of
the 1934 Act (47 U.S.C. 305), bands of frequencies that are
suitable for the licensees identified in the Commission's
notice. The Commission shall, not later than one year after
receipt of such report, prepare, submit to the President and
the Congress, and implement, a plan for the immediate
allocation and assignment of such frequencies under the 1934
Act to incumbent licensees described in the Commission's
notice.
(g) Relocation of and Spectrum Sharing by Federal Government
Stations.--
(1) Eligible federal entities.--Any Federal entity
that operates a Federal Government station that incurs
relocation or sharing costs because of planning for an
auction of eligible spectrum frequencies or the
reallocation of eligible spectrum frequencies from
Federal use to exclusive non-Federal use or to shared
use shall receive payment for such relocation or
sharing costs from the Spectrum Relocation Fund, in
accordance with this section and section 118. For
purposes of this paragraph, Federal power agencies
exempted under subsection (c)(4) that choose to
relocate from the frequencies identified for
reallocation pursuant to subsection (a) are eligible to
receive payment under this paragraph.
(2) Eligible frequencies.--The bands of eligible
frequencies for purposes of this section are as
follows:
(A) the 216-220 megahertz band, the 1432-1435
megahertz band, the 1710-1755 megahertz band,
and the 2385-2390 megahertz band of
frequencies; and
(B) any other band of frequencies reallocated
from Federal use to non-Federal use or to
shared use after January 1, 2003, that is
assigned by competitive bidding pursuant to
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)).
(3) Relocation or sharing costs defined.--
(A) In general.--For purposes of this section
and section 118, the term ``relocation or
sharing costs'' means the costs incurred by a
Federal entity in connection with the auction
of spectrum frequencies or the sharing of
spectrum frequencies (including the auction or
a planned auction of the rights to use spectrum
frequencies on a shared basis with such entity)
in order to achieve comparable capability of
systems as before the relocation or sharing
arrangement. Such term includes, with respect
to relocation or sharing, as the case may be--
(i) the costs of any modification or
replacement of equipment, spares,
associated ancillary equipment,
software, facilities, operating
manuals, training, or compliance with
regulations that are attributable to
relocation or sharing;
(ii) the costs of all engineering,
equipment, software, site acquisition,
and construction, as well as any
legitimate and prudent transaction
expense, including term-limited Federal
civil servant and contractor staff
necessary to carry out the relocation
or sharing activities of a Federal
entity, and reasonable additional costs
incurred by the Federal entity that are
attributable to relocation or sharing,
including increased recurring costs
associated with the replacement of
facilities;
(iii) the costs of research,
engineering studies, economic analyses,
or other expenses reasonably incurred
in connection with--
(I) calculating the estimated
relocation or sharing costs
that are provided to the
Commission pursuant to
paragraph (4)(A);
(II) determining the
technical or operational
feasibility of relocation to 1
or more potential relocation
bands; or
(III) planning for or
managing a relocation or
sharing arrangement (including
spectrum coordination with
auction winners);
(iv) the one-time costs of any
modification of equipment reasonably
necessary--
(I) to accommodate non-
Federal use of shared
frequencies; or
(II) in the case of eligible
frequencies reallocated for
exclusive non-Federal use and
assigned through a system of
competitive bidding under
section 309(j) of the
Communications Act of 1934 (47
U.S.C. 309(j)) but with respect
to which a Federal entity
retains primary allocation or
protected status for a period
of time after the completion of
the competitive bidding
process, to accommodate shared
Federal and non-Federal use of
such frequencies for such
period; and
(v) the costs associated with the
accelerated replacement of systems and
equipment if the acceleration is
necessary to ensure the timely
relocation of systems to a new
frequency assignment or the timely
accommodation of sharing of Federal
frequencies.
(B) Comparable capability of systems.--For
purposes of subparagraph (A), comparable
capability of systems--
(i) may be achieved by relocating a
Federal Government station to a new
frequency assignment, by relocating a
Federal Government station to a
different geographic location, by
modifying Federal Government equipment
to mitigate interference or use less
spectrum, in terms of bandwidth,
geography, or time, and thereby
permitting spectrum sharing (including
sharing among relocated Federal
entities and incumbents to make
spectrum available for non-Federal use)
or relocation, or by utilizing an
alternative technology; and
(ii) includes the acquisition of
state-of-the-art replacement systems
intended to meet comparable operational
scope, which may include incidental
increases in functionality.
(4) Notice to commission of estimated relocation or
sharing costs.--
(A) The Commission shall notify the NTIA at
least 18 months prior to the commencement of
any auction of eligible frequencies defined in
paragraph (2). At least 6 months prior to the
commencement of any such auction, the NTIA, on
behalf of the Federal entities and after review
by the Office of Management and Budget, shall
notify the Commission of estimated relocation
or sharing costs and timelines for such
relocation or sharing.
(B) Upon timely request of a Federal entity,
the NTIA shall provide such entity with
information regarding an alternative frequency
assignment or assignments to which their
radiocommunications operations could be
relocated for purposes of calculating the
estimated relocation or sharing costs and
timelines to be submitted to the Commission
pursuant to subparagraph (A).
(C) To the extent practicable and consistent
with national security considerations, the NTIA
shall provide the information required by
subparagraphs (A) and (B) by the geographic
location of the Federal entities' facilities or
systems and the frequency bands used by such
facilities or systems.
(5) Notice to congressional committees and gao.--The
NTIA shall, at the time of providing an initial
estimate of relocation or sharing costs to the
Commission under paragraph (4)(A), submit to Committees
on Appropriations and Energy and Commerce of the House
of Representatives for approval, to the Committees on
Appropriations and Commerce, Science, and
Transportation of the Senate for approval, and to the
Comptroller General a copy of such estimate and the
timelines for relocation or sharing. Unless disapproved
within 30 days, the estimate shall be approved. If
disapproved, the NTIA may resubmit a revised initial
estimate.
(6) Implementation of procedures.--The NTIA shall
take such actions as necessary to ensure the timely
relocation of Federal entities' spectrum-related
operations from frequencies described in paragraph (2)
to frequencies or facilities of comparable capability
and to ensure the timely implementation of arrangements
for the sharing of frequencies described in such
paragraph. Upon a finding by the NTIA that a Federal
entity has achieved comparable capability of systems,
the NTIA shall terminate or limit the entity's
authorization and notify the Commission that the
entity's relocation has been completed or sharing
arrangement has been implemented. The NTIA shall also
terminate such entity's authorization if the NTIA
determines that the entity has unreasonably failed to
comply with the timeline for relocation or sharing
submitted by the Director of the Office of Management
and Budget under section 118(d)(2)(C).
(h) Development and Publication of Relocation or Sharing
Transition Plans.--
(1) Development of transition plan by Federal
entity.--Not later than 240 days before the
commencement of any auction of eligible frequencies
described in subsection (g)(2), a Federal entity shall
submit to the NTIA and to the Technical Panel
established by paragraph (3) a transition plan for the
implementation by such entity of the relocation or
sharing arrangement. The NTIA shall specify, after
public input, a common format for all Federal entities
to follow in preparing transition plans under this
paragraph.
(2) Contents of transition plan.--The transition plan
required by paragraph (1) shall include the following
information:
(A) The use by the Federal entity of the
eligible frequencies to be auctioned, current
as of the date of the submission of the plan.
(B) The geographic location of the facilities
or systems of the Federal entity that use such
frequencies.
(C) The frequency bands used by such
facilities or systems, described by geographic
location.
(D) The steps to be taken by the Federal
entity to relocate its spectrum use from such
frequencies or to share such frequencies,
including timelines for specific geographic
locations in sufficient detail to indicate when
use of such frequencies at such locations will
be discontinued by the Federal entity or shared
between the Federal entity and non-Federal
users.
(E) The specific interactions between the
eligible Federal entity and the NTIA needed to
implement the transition plan.
(F) The name of the officer or employee of
the Federal entity who is responsible for the
relocation or sharing efforts of the entity and
who is authorized to meet and negotiate with
non-Federal users regarding the transition.
(G) The plans and timelines of the Federal
entity for--
(i) using funds received from the
Spectrum Relocation Fund established by
section 118;
(ii) procuring new equipment and
additional personnel needed for
relocation or sharing;
(iii) field-testing and deploying new
equipment needed for relocation or
sharing; and
(iv) hiring and relying on contract
personnel, if any, needed for
relocation or sharing.
(H) Factors that could hinder fulfillment of
the transition plan by the Federal entity.
(3) Technical Panel.--
(A) Establishment.--There is established
within the NTIA a panel to be known as the
Technical Panel.
(B) Membership.--
(i) Number and appointment.--The
Technical Panel shall be composed of 3
members, to be appointed as follows:
(I) One member to be
appointed by the Director of
the Office of Management and
Budget (in this subsection
referred to as ``OMB'').
(II) One member to be
appointed by the [Assistant
Secretary] Under Secretary.
(III) One member to be
appointed by the Chairman of
the Commission.
(ii) Qualifications.--Each member of
the Technical Panel shall be a radio
engineer or a technical expert.
(iii) Initial appointment.--The
initial members of the Technical Panel
shall be appointed not later than 180
days after the date of the enactment of
the Middle Class Tax Relief and Job
Creation Act of 2012.
(iv) Terms.--The term of a member of
the Technical Panel shall be 18 months,
and no individual may serve more than 1
consecutive term.
(v) Vacancies.--Any member appointed
to fill a vacancy occurring before the
expiration of the term for which the
member's predecessor was appointed
shall be appointed only for the
remainder of that term. A member may
serve after the expiration of that
member's term until a successor has
taken office. A vacancy shall be filled
in the manner in which the original
appointment was made.
(vi) No compensation.--The members of
the Technical Panel shall not receive
any compensation for service on the
Technical Panel. If any such member is
an employee of the agency of the
official that appointed such member to
the Technical Panel, compensation in
the member's capacity as such an
employee shall not be considered
compensation under this clause.
(C) Administrative support.--The NTIA shall
provide the Technical Panel with the
administrative support services necessary to
carry out its duties under this subsection,
subsection (i), and section 118(g)(2)(E).
(D) Regulations.--Not later than 180 days
after the date of the enactment of the Middle
Class Tax Relief and Job Creation Act of 2012,
the NTIA shall, after public notice and comment
and subject to approval by the Director of OMB,
adopt regulations to govern the workings of the
Technical Panel.
(E) Certain requirements inapplicable.--
Chapter 10 of title 5, United States Code, and
sections 552 and 552b of title 5, United States
Code, shall not apply to the Technical Panel.
(4) Review of plan by Technical Panel.--
(A) In general.--Not later than 30 days after
the submission of the plan under paragraph (1),
the Technical Panel shall submit to the NTIA
and to the Federal entity a report on the
sufficiency of the plan, including whether the
plan includes the information required by
paragraph (2) and an assessment of the
reasonableness of the proposed timelines and
estimated relocation or sharing costs,
including the costs of any proposed expansion
of the capabilities of a Federal system in
connection with relocation or sharing.
(B) Insufficiency of plan.--If the Technical
Panel finds the plan insufficient, the Federal
entity shall, not later than 90 days after the
submission of the report by the Technical Panel
under subparagraph (A), submit to the Technical
Panel a revised plan. Such revised plan shall
be treated as a plan submitted under paragraph
(1).
(5) Publication of transition plan.--Not later than
120 days before the commencement of the auction
described in paragraph (1), the NTIA shall make the
transition plan publicly available on its website.
(6) Updates of transition plan.--As the Federal
entity implements the transition plan, it shall
periodically update the plan to reflect any changed
circumstances, including changes in estimated
relocation or sharing costs or the timeline for
relocation or sharing. The NTIA shall make the updates
available on its website.
(7) Classified and other sensitive information.--
(A) Classified information.--If any of the
information required to be included in the
transition plan of a Federal entity is
classified information (as defined in section
798(b) of title 18, United States Code), the
entity shall--
(i) include in the plan--
(I) an explanation of the
exclusion of any such
information, which shall be as
specific as possible; and
(II) all relevant non-
classified information that is
available; and
(ii) discuss as a factor under
paragraph (2)(H) the extent of the
classified information and the effect
of such information on the
implementation of the relocation or
sharing arrangement.
(B) Regulations.--Not later than 180 days
after the date of the enactment of the Middle
Class Tax Relief and Job Creation Act of 2012,
the NTIA, in consultation with the Director of
OMB and the Secretary of Defense, shall adopt
regulations to ensure that the information
publicly released under paragraph (5) or (6)
does not contain classified information or
other sensitive information.
(i) Dispute Resolution Process.--
(1) In general.--If a dispute arises between a
Federal entity and a non-Federal user regarding the
execution, timing, or cost of the transition plan
submitted by the Federal entity under subsection
(h)(1), the Federal entity or the non-Federal user may
request that the NTIA establish a dispute resolution
board to resolve the dispute.
(2) Establishment of board.--
(A) In general.--If the NTIA receives a
request under paragraph (1), it shall establish
a dispute resolution board.
(B) Membership and appointment.--The dispute
resolution board shall be composed of 3
members, as follows:
(i) A representative of the Office of
Management and Budget (in this
subsection referred to as ``OMB''), to
be appointed by the Director of OMB.
(ii) A representative of the NTIA, to
be appointed by the [Assistant
Secretary] Under Secretary.
(iii) A representative of the
Commission, to be appointed by the
Chairman of the Commission.
(C) Chair.--The representative of OMB shall
be the Chair of the dispute resolution board.
(D) Vacancies.--Any vacancy in the dispute
resolution board shall be filled in the manner
in which the original appointment was made.
(E) No compensation.--The members of the
dispute resolution board shall not receive any
compensation for service on the board. If any
such member is an employee of the agency of the
official that appointed such member to the
board, compensation in the member's capacity as
such an employee shall not be considered
compensation under this subparagraph.
(F) Termination of board.--The dispute
resolution board shall be terminated after it
rules on the dispute that it was established to
resolve and the time for appeal of its decision
under paragraph (7) has expired, unless an
appeal has been taken under such paragraph. If
such an appeal has been taken, the board shall
continue to exist until the appeal process has
been exhausted and the board has completed any
action required by a court hearing the appeal.
(3) Procedures.--The dispute resolution board shall
meet simultaneously with representatives of the Federal
entity and the non-Federal user to discuss the dispute.
The dispute resolution board may require the parties to
make written submissions to it.
(4) Deadline for decision.--The dispute resolution
board shall rule on the dispute not later than 30 days
after the request was made to the NTIA under paragraph
(1).
(5) Assistance from Technical Panel.--The Technical
Panel established under subsection (h)(3) shall provide
the dispute resolution board with such technical
assistance as the board requests.
(6) Administrative support.--The NTIA shall provide
the dispute resolution board with the administrative
support services necessary to carry out its duties
under this subsection.
(7) Appeals.--A decision of the dispute resolution
board may be appealed to the United States Court of
Appeals for the District of Columbia Circuit by filing
a notice of appeal with that court not later than 30
days after the date of such decision. Each party shall
bear its own costs and expenses, including attorneys'
fees, for any appeal under this paragraph.
(8) Regulations.--Not later than 180 days after the
date of the enactment of the Middle Class Tax Relief
and Job Creation Act of 2012, the NTIA shall, after
public notice and comment and subject to approval by
OMB, adopt regulations to govern the working of any
dispute resolution boards established under paragraph
(2)(A) and the role of the Technical Panel in assisting
any such board.
(9) Certain requirements inapplicable.--Chapter 10 of
title 5, United States Code, and sections 552 and 552b
of title 5, United States Code, shall not apply to a
dispute resolution board established under paragraph
(2)(A).
(j) Relocation Prioritized Over Sharing.--
(1) In general.--In evaluating a band of frequencies
for possible reallocation for exclusive non-Federal use
or shared use, the NTIA shall give priority to options
involving reallocation of the band for exclusive non-
Federal use and shall choose options involving shared
use only when it determines, in consultation with the
Director of the Office of Management and Budget, that
relocation of a Federal entity from the band is not
feasible because of technical or cost constraints.
(2) Notification of Congress when sharing chosen.--If
the NTIA determines under paragraph (1) that relocation
of a Federal entity from the band is not feasible, the
NTIA shall notify the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Energy and Commerce of the House of Representatives of
the determination, including the specific technical or
cost constraints on which the determination is based.
(k) Federal Action To Expedite Spectrum Transfer.--Any
Federal Government station which operates on electromagnetic
spectrum that has been identified in any reallocation report
under this section shall, to the maximum extent practicable
through the use of the authority granted under subsection (g)
and any other applicable provision of law, take action to
relocate its spectrum use to other frequencies that are
reserved for Federal use or to consolidate its spectrum use
with other Federal Government stations in a manner that
maximizes the spectrum available for non-Federal use.
(l) Definition.--For purposes of this section, the term
``Federal entity'' means any department, agency, or other
instrumentality of the Federal Government that utilizes a
Government station license obtained under section 305 of the
1934 Act (47 U.S.C. 305).
* * * * * * *
SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.
(a) Determination.--If the head of an Executive agency (as
defined in section 105 of title 5, United States Code)
determines that public disclosure of any information contained
in a notification or report required by section 113 or 118
would reveal classified national security information, or other
information for which there is a legal basis for nondisclosure
and the public disclosure of which would be detrimental to
national security, homeland security, or public safety or would
jeopardize a law enforcement investigation, the head of the
Executive agency shall notify the [Assistant Secretary] Under
Secretary of that determination prior to the release of such
information.
(b) Inclusion in Annex.--The head of the Executive agency
shall place the information with respect to which a
determination was made under subsection (a) in a separate annex
to the notification or report required by section 113 or 118.
The annex shall be provided to the subcommittee of primary
jurisdiction of the congressional committee of primary
jurisdiction in accordance with appropriate national security
stipulations but shall not be disclosed to the public or
provided to any unauthorized person through any means.
SEC. 120. INCUMBENT INFORMING CAPABILITY.
(a) In General.--The Under Secretary shall--
(1) not later than 120 days after the date of the
enactment of this section, begin to amend the
Department of Commerce spectrum management document
entitled ``Manual of Regulations and Procedures for
Federal Radio Frequency Management'' so as to
incorporate an incumbent informing capability; and
(2) not later than the date on which amounts
appropriated to carry out this section are first made
available, begin to implement such capability,
including the development and testing of such
capability.
(b) Establishment of the Incumbent Informing Capability.--
(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to
enable sharing, including time-based sharing, to
securely manage harmful interference between non-
Federal users and incumbent Federal entities sharing a
band of covered spectrum and between Federal entities
sharing a band of covered spectrum.
(2) Requirements for system.--The system required by
paragraph (1) shall contain, at a minimum, the
following:
(A) One or more mechanisms to allow non-
Federal use in covered spectrum, as authorized
by the rules of the Commission. Such mechanism
or mechanisms shall include interfaces to
commercial sharing systems, as appropriate.
(B) One or more mechanisms to facilitate
Federal-to-Federal sharing, as authorized by
the NTIA.
(C) One or more mechanisms to prevent,
eliminate, or mitigate harmful interference to
incumbent Federal entities, including one or
more of the following functions:
(i) Sensing.
(ii) Identification.
(iii) Reporting.
(iv) Analysis.
(v) Resolution.
(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a
band.
(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall
ensure that use of covered spectrum is in accordance
with the applicable rules of the Commission.
(4) Input of information.--Each incumbent Federal
entity sharing a band of covered spectrum shall--
(A) input into the system required by
paragraph (1) such information as the Under
Secretary may require, including the frequency,
time, and location of the use of the band by
such Federal entity; and
(B) to the extent practicable, input such
information into such system on an automated
basis.
(5) Protection of classified information and
controlled unclassified information.--The system
required by paragraph (1) shall contain appropriate
measures to protect classified information and
controlled unclassified information, including any such
classified information or controlled unclassified
information that relates to military operations.
(c) Briefing.--Not later than 1 year after the date on which
amounts appropriated to carry out this section are first made
available, the Under Secretary shall provide a briefing on the
implementation of this section to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(d) Definitions.--In this section:
(1) Covered spectrum.--The term ``covered spectrum''
means--
(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for
(including before the date on which the
incumbent informing capability required by
subsection (a) is implemented) a non-Federal
user or class of non-Federal users for use on a
shared basis with an incumbent Federal entity
in accordance with the rules of the Commission;
and
(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use
that is shared among Federal entities.
(2) Federal entity.--The term ``Federal entity'' has
the meaning given such term in section 113(l).
(3) Incumbent informing capability.--The term
``incumbent informing capability'' means a capability
to facilitate the sharing of covered spectrum.
(e) Rule of Construction.--Nothing in this section may be
construed to alter or expand the authority of the NTIA as
described in section 113(j)(1).
PART C--SPECIAL AND TEMPORARY PROVISIONS
SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.
There are authorized to be appropriated for the
administration of the NTIA [$17,600,000 for fiscal year 1992
and $17,900,000 for fiscal year 1993] $62,000,000 for fiscal
year 2024 and $62,000,000 for fiscal year 2025, and such sums
as may be necessary for increases resulting from adjustments in
salary, pay, retirement, other employee benefits required by
law, and other nondiscretionary costs.
* * * * * * *
[SEC. 154. COMMUNICATIONS FOR RURAL HEALTH PROVIDERS.
[(a) Purpose.--It is the purpose of this section to improve
the ability of rural health providers to use communications to
obtain health information and to consult with others concerning
the delivery of patient care. Such enhanced communications
ability may assist in--
[(1) improving and extending the training of rural
health professionals; and
[(2) improving the continuity of patient care in
rural areas.
[(b) Advisory Panel.--The Secretary of Commerce, in
conjunction with the Secretary of Health and Human Services,
shall establish an advisory panel (hereafter in this section
referred to as the ``Panel'') to develop recommendations for
the improvement of rural health care through the collection of
information needed by providers and the improvement in the use
of communications to disseminate such information.
[(c) Composition of Panel.--The Panel shall be composed of
individuals from organizations with rural constituencies and
practitioners from health care disciplines, representatives of
the National Library of Medicine, and representatives of
different health professions schools, including nurse
practitioners.
[(d) Selection of Consultants.--The Panel may select
consultants to provide advice to the Panel regarding the types
of information that rural health care practitioners need, the
procedures to gather and disseminate such information, and the
types of communications equipment and training needed by rural
health care practitioners to obtain access to such information.
[(e) Report to Congress.--Not later than 1 year after the
Panel is established under subsection (b), the Secretary of
Commerce shall prepare and submit, to the Committee on
Commerce, Science, and Transportation and the Committee on
Labor and Human Resources of the Senate and the Committee on
Energy and Commerce of the House of Representatives, a report
summarizing the recommendations made by the Panel under
subsection (b).
[(f) Authorization of Appropriations.--There is authorized to
be appropriated to the Secretary of Commerce to carry out this
section $1,000,000 to remain available until expended.
[SEC. 155. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE CRIMES.
[(a) Requirement of Report.--Within 240 days after the date
of enactment of this Act, the NTIA, with the assistance of the
Commission, the Department of Justice, and the United States
Commission on Civil Rights, shall prepare a report on the role
of telecommunications in crimes of hate and violent acts
against ethnic, religious, and racial minorities and shall
submit such report to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
[(b) Scope of Report.--The report required by subsection (a)
shall--
[(1) analyze information on the use of
telecommunications, including broadcast television and
radio, cable television, public access television,
computer bulletin boards, and other electronic media,
to advocate and encourage violent acts and the
commission of crimes of hate, as described in the Hate
Crimes Statistics Act (28 U.S.C. 534), against ethnic,
religious, and racial minorities.
[(2) include any recommendations deemed appropriate
and necessary by the NTIA.
[SEC. 156. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
[(a) Review and Assessment of Electromagnetic Spectrum
Reallocation.--
[(1) Review and assessment required.--The Secretary
of Commerce, acting through the Assistant Secretary and
in coordination with the Chairman of the Federal
Communications Commission, shall convene an interagency
review and assessment of--
[(A) the progress made in implementation of
national spectrum planning;
[(B) the reallocation of Federal Government
spectrum to non-Federal use, in accordance with
the amendments made by title VI of the Omnibus
Budget Reconciliation Act of 1993 (Public Law
103-66; 107 Stat. 379) and title III of the
Balanced Budget Act of 1997 (Public Law 105-33;
111 Stat. 258); and
[(C) the implications for such reallocations
to the affected Federal executive agencies.
[(2) Coordination.--The assessment shall be conducted
in coordination with affected Federal executive
agencies through the Interdepartmental Radio Advisory
Committee.
[(3) Cooperation and assistance.--Affected Federal
executive agencies shall cooperate with the Assistant
Secretary in the conduct of the review and assessment
and furnish the Assistant Secretary with such
information, support, and assistance, not inconsistent
with law, as the Assistant Secretary may consider
necessary in the performance of the review and
assessment.
[(4) Attention to particular subjects required.--In
the conduct of the review and assessment, particular
attention shall be given to--
[(A) the effect on critical military and
intelligence capabilities, civil space
programs, and other Federal Government systems
used to protect public safety of the
reallocated spectrum described in paragraph
(1)(B) of this subsection;
[(B) the anticipated impact on critical
military and intelligence capabilities, future
military and intelligence operational
requirements, national defense modernization
programs, and civil space programs, and other
Federal Government systems used to protect
public safety, of future potential
reallocations to non-Federal use of bands of
the electromagnetic spectrum that are currently
allocated for use by the Federal Government;
and
[(C) future spectrum requirements of agencies
in the Federal Government.
[(b) Submission of Report.--The Secretary of Commerce, in
coordination with the heads of the affected Federal executive
agencies, and the Chairman of the Federal Communications
Commission shall submit to the President, the Committee on
Armed Services and the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Armed
Services, the Committee on Commerce, and the Committee on
Science of the House of Representatives, not later than October
1, 2000, a report providing the results of the assessment
required by subsection (a).]
* * * * * * *
SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-1
IMPLEMENTATION.
(a) 9-1-1 Implementation Coordination Office.--
(1) Establishment and continuation.--The [Assistant
Secretary] Under Secretary and the Administrator of the
National Highway Traffic Safety Administration shall--
(A) establish and further a program to
facilitate coordination and communication
between Federal, State, and local emergency
communications systems, emergency personnel,
public safety organizations, telecommunications
carriers, and telecommunications equipment
manufacturers and vendors involved in the
implementation of 9-1-1 services; and
(B) establish a 9-1-1 Implementation
Coordination Office to implement the provisions
of this section.
(2) Management plan.--
(A) Development.--The [Assistant Secretary]
Under Secretary and the Administrator shall
develop a management plan for the grant program
established under this section, including by
developing--
(i) plans related to the
organizational structure of such
program; and
(ii) funding profiles for each fiscal
year of the duration of such program.
(B) Submission to Congress.--Not later than
90 days after the date of enactment of the Next
Generation 9-1-1 Advancement Act of 2012, the
[Assistant Secretary] Under Secretary and the
Administrator shall submit the management plan
developed under subparagraph (A) to--
(i) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
(ii) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives.
(3) Purpose of office.--The Office shall--
(A) take actions, in concert with
coordinators designated in accordance with
subsection (b)(3)(A)(ii), to improve
coordination and communication with respect to
the implementation of 9-1-1 services, E9-1-1
services, and Next Generation 9-1-1 services;
(B) develop, collect, and disseminate
information concerning practices, procedures,
and technology used in the implementation of 9-
1-1 services, E9-1-1 services, and Next
Generation 9-1-1 services;
(C) advise and assist eligible entities in
the preparation of implementation plans
required under subsection (b)(3)(A)(iii);
(D) receive, review, and recommend the
approval or disapproval of applications for
grants under subsection (b); and
(E) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
(b) 9-1-1, E9-1-1, and Next Generation 9-1-1 Implementation
Grants.--
(1) Matching grants.--The [Assistant Secretary] Under
Secretary and the Administrator, acting through the
Office, shall provide grants to eligible entities for--
(A) the implementation and operation of 9-1-1
services, E9-1-1 services, migration to an IP-
enabled emergency network, and adoption and
operation of Next Generation 9-1-1 services and
applications;
(B) the implementation of IP-enabled
emergency services and applications enabled by
Next Generation 9-1-1 services, including the
establishment of IP backbone networks and the
application layer software infrastructure
needed to interconnect the multitude of
emergency response organizations; and
(C) training public safety personnel,
including call-takers, first responders, and
other individuals and organizations who are
part of the emergency response chain in 9-1-1
services.
(2) Matching requirement.--The Federal share of the
cost of a project eligible for a grant under this
section shall not exceed 60 percent.
(3) Coordination required.--In providing grants under
paragraph (1), the [Assistant Secretary] Under
Secretary and the Administrator shall require an
eligible entity to certify in its application that--
(A) in the case of an eligible entity that is
a State government, the entity--
(i) has coordinated its application
with the public safety answering points
located within the jurisdiction of such
entity;
(ii) has designated a single officer
or governmental body of the entity to
serve as the coordinator of
implementation of 9-1-1 services,
except that such designation need not
vest such coordinator with direct legal
authority to implement 9-1-1 services,
E9-1-1 services, or Next Generation 9-
1-1 services or to manage emergency
communications operations;
(iii) has established a plan for the
coordination and implementation of 9-1-
1 services, E9-1-1 services, and Next
Generation 9-1-1 services; and
(iv) has integrated
telecommunications services involved in
the implementation and delivery of 9-1-
1 services, E9-1-1 services, and Next
Generation 9-1-1 services; or
(B) in the case of an eligible entity that is
not a State, the entity has complied with
clauses (i), (iii), and (iv) of subparagraph
(A), and the State in which it is located has
complied with clause (ii) of such subparagraph.
(4) Criteria.--Not later than 120 days after the date
of enactment of the Next Generation 9-1-1 Advancement
Act of 2012, the [Assistant Secretary] Under Secretary
and the Administrator shall issue regulations, after
providing the public with notice and an opportunity to
comment, prescribing the criteria for selection for
grants under this section. The criteria shall include
performance requirements and a timeline for completion
of any project to be financed by a grant under this
section. The [Assistant Secretary] Under Secretary and
the Administrator shall update such regulations as
necessary.
(c) Diversion of 9-1-1 Charges.--
(1) Designated 9-1-1 charges.--For the purposes of
this subsection, the term ``designated 9-1-1 charges''
means any taxes, fees, or other charges imposed by a
State or other taxing jurisdiction that are designated
or presented as dedicated to deliver or improve 9-1-1
services, E9-1-1 services, or Next Generation 9-1-1
services.
(2) Certification.--Each applicant for a matching
grant under this section shall certify to the
[Assistant Secretary] Under Secretary and the
Administrator at the time of application, and each
applicant that receives such a grant shall certify to
the [Assistant Secretary] Under Secretary and the
Administrator annually thereafter during any period of
time during which the funds from the grant are
available to the applicant, that no portion of any
designated 9-1-1 charges imposed by a State or other
taxing jurisdiction within which the applicant is
located are being obligated or expended for any purpose
other than the purposes for which such charges are
designated or presented during the period beginning 180
days immediately preceding the date of the application
and continuing through the period of time during which
the funds from the grant are available to the
applicant.
(3) Condition of grant.--Each applicant for a grant
under this section shall agree, as a condition of
receipt of the grant, that if the State or other taxing
jurisdiction within which the applicant is located,
during any period of time during which the funds from
the grant are available to the applicant, obligates or
expends designated 9-1-1 charges for any purpose other
than the purposes for which such charges are designated
or presented, eliminates such charges, or redesignates
such charges for purposes other than the implementation
or operation of 9-1-1 services, E9-1-1 services, or
Next Generation 9-1-1 services, all of the funds from
such grant shall be returned to the Office.
(4) Penalty for providing false information.--Any
applicant that provides a certification under paragraph
(2) knowing that the information provided in the
certification was false shall--
(A) not be eligible to receive the grant
under subsection (b);
(B) return any grant awarded under subsection
(b) during the time that the certification was
not valid; and
(C) not be eligible to receive any subsequent
grants under subsection (b).
(d) Funding and Termination.--
(1) In general.--From the amounts made available to
the [Assistant Secretary] Under Secretary and the
Administrator under section 6413(b)(6) of the Middle
Class Tax Relief and Job Creation Act of 2012, the
[Assistant Secretary] Under Secretary and the
Administrator are authorized to provide grants under
this section through the end of fiscal year 2022. Not
more than 5 percent of such amounts may be obligated or
expended to cover the administrative costs of carrying
out this section.
(2) Termination.--Effective on October 1, 2022, the
authority provided by this section terminates and this
section shall have no effect.
(e) Definitions.--In this section, the following definitions
shall apply:
(1) 9-1-1 services.--The term ``9-1-1 services''
includes both E9-1-1 services and Next Generation 9-1-1
services.
(2) E9-1-1 services.--The term ``E9-1-1 services''
means both phase I and phase II enhanced 9-1-1
services, as described in section 20.18 of the
Commission's regulations (47 C.F.R. 20.18), as in
effect on the date of enactment of the Next Generation
9-1-1 Advancement Act of 2012, or as subsequently
revised by the Commission.
(3) Eligible entity.--
(A) In general.--The term ``eligible entity''
means a State or local government or a tribal
organization (as defined in section 4(l) of the
Indian Self-Determination and Education
Assistance Act (25 U.S.C. 450b(l))).
(B) Instrumentalities.--The term ``eligible
entity'' includes public authorities, boards,
commissions, and similar bodies created by one
or more eligible entities described in
subparagraph (A) to provide 9-1-1 services, E9-
1-1 services, or Next Generation 9-1-1
services.
(C) Exception.--The term ``eligible entity''
does not include any entity that has failed to
submit the most recently required certification
under subsection (c) within 30 days after the
date on which such certification is due.
(4) Emergency call.--The term ``emergency call''
refers to any real-time communication with a public
safety answering point or other emergency management or
response agency, including--
(A) through voice, text, or video and related
data; and
(B) nonhuman-initiated automatic event
alerts, such as alarms, telematics, or sensor
data, which may also include real-time voice,
text, or video communications.
(5) Next Generation 9-1-1 services.--The term ``Next
Generation 9-1-1 services'' means an IP-based system
comprised of hardware, software, data, and operational
policies and procedures that--
(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, data, and multimedia
information;
(C) acquires and integrates additional
emergency call data useful to call routing and
handling;
(D) delivers the emergency calls, messages,
and data to the appropriate public safety
answering point and other appropriate emergency
entities;
(E) supports data or video communications
needs for coordinated incident response and
management; and
(F) provides broadband service to public
safety answering points or other first
responder entities.
(6) Office.--The term ``Office'' means the 9-1-1
Implementation Coordination Office.
(7) Public safety answering point.--The term ``public
safety answering point'' has the meaning given the term
in section 222 of the Communications Act of 1934 (47
U.S.C. 222).
(8) 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.
----------
TITLE 5, UNITED STATES CODE
* * * * * * *
PART III--EMPLOYEES
* * * * * * *
SUBPART D--PAY AND ALLOWANCES
* * * * * * *
CHAPTER 53--PAY RATES AND SYSTEMS
* * * * * * *
SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES
* * * * * * *
Sec. 5314. Positions at level III
Level III of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of
Commerce for Economic Affairs, Under Secretary of
Commerce for Industry and Security, Under Secretary of
Commerce for Travel and Tourism, and Under Secretary of
Commerce for Minority Business Development.
Under Secretaries of State (6).
Under Secretaries of the Treasury (3).
Administrator of General Services.
Administrator of the Small Business Administration.
Deputy Administrator, Agency for International
Development.
Chairman of the Merit Systems Protection Board.
Chairman, Federal Communications Commission.
Chairman, Board of Directors, Federal Deposit
Insurance Corporation.
Chairman, Federal Energy Regulatory Commission.
Chairman, Federal Trade Commission.
Chairman, Surface Transportation Board.
Chairman, National Labor Relations Board.
Chairman, Securities and Exchange Commission.
Chairman, National Mediation Board.
Chairman, Railroad Retirement Board.
Chairman, Federal Maritime Commission.
Comptroller of the Currency.
Commissioner of Internal Revenue.
Under Secretary of Defense for Research and
Engineering.
Under Secretary of Defense for Acquisition and
Sustainment.
Under Secretary of Defense for Policy.
Under Secretary of Defense (Comptroller).
Under Secretary of Defense for Personnel and
Readiness.
Under Secretary of Defense for Intelligence and
Security.
Under Secretary of the Air Force.
Under Secretary of the Army.
Under Secretary of the Navy.
Deputy Administrator of the National Aeronautics and
Space Administration.
Deputy Director of the Central Intelligence Agency.
Director of the Office of Emergency Planning.
Director of the Peace Corps.
Deputy Director, National Science Foundation.
President of the Export-Import Bank of Washington.
Members, Nuclear Regulatory Commission.
Members, Defense Nuclear Facilities Safety Board.
Director of the Federal Bureau of Investigation,
Department of Justice.
Administrator of the National Highway Traffic Safety
Administration.
Administrator of the Federal Motor Carrier Safety
Administration.
Administrator, Federal Railroad Administration.
Chairman, National Transportation Safety Board.
Chairman of the National Endowment for the Arts the
incumbent of which also serves as Chairman of the
National Council on the Arts.
Chairman of the National Endowment for the
Humanities.
Director of the Federal Mediation and Conciliation
Service.
Chairman, Postal Regulatory Commission.
Chairman, Occupational Safety and Health Review
Commission.
Governor of the Farm Credit Administration.
Chairman, Equal Employment Opportunity Commission.
Chairman, Consumer Product Safety Commission.
Under Secretaries of Energy (3).
Chairman, Commodity Futures Trading Commission.
Deputy United States Trade Representatives (3).
Chief Agricultural Negotiator, Office of the United
States Trade Representative.
Chief Innovation and Intellectual Property
Negotiator, Office of the United States Trade
Representative.
Chairman, United States International Trade
Commission.
Under Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Administrator of the National Oceanic and Atmospheric
Administration.
Under Secretary of Commerce for Standards and
Technology, who also serves as Director of the National
Institute of Standards and Technology.
Associate Attorney General.
Chairman, Federal Mine Safety and Health Review
Commission.
Chairman, National Credit Union Administration Board.
Deputy Director of the Office of Personnel
Management.
Under Secretary of Agriculture for Farm Production
and Conservation.
Under Secretary of Agriculture for Trade and Foreign
Agricultural Affairs.
Under Secretary of Agriculture for Food, Nutrition,
and Consumer Services.
Under Secretary of Agriculture for Natural Resources
and Environment.
Under Secretary of Agriculture for Research,
Education, and Economics.
Under Secretary of Agriculture for Food Safety.
Under Secretary of Agriculture for Marketing and
Regulatory Programs.
Director, Institute for Scientific and Technological
Cooperation.
Under Secretary of Agriculture for Rural Development.
Administrator, Maritime Administration.
Executive Director Property Review Board.
Deputy Administrator of the Environmental Protection
Agency.
Archivist of the United States.
Executive Director, Federal Retirement Thrift
Investment Board.
Principal Deputy Under Secretary of Defense for
Acquisition, Technology, and Logistics.
Director, Trade and Development Agency.
Under Secretary for Health, Department of Veterans
Affairs.
Under Secretary for Benefits, Department of Veterans
Affairs.
Under Secretary for Memorial Affairs, Department of
Veterans Affairs.
Under Secretaries, Department of Homeland Security.
Director of the Bureau of Citizenship and Immigration
Services.
Director of the Office of Government Ethics.
Administrator for Federal Procurement Policy.
Administrator, Office of Information and Regulatory
Affairs, Office of Management and Budget.
Director of the Office of Thrift Supervision.
Chairperson of the Federal Housing Finance Board.
Executive Secretary, National Space Council.
Controller, Office of Federal Financial Management,
Office of Management and Budget.
Administrator, Office of the Assistant Secretary for
Research and Technology of the Department of
Transportation.
Deputy Director for Demand Reduction, Office of
National Drug Control Policy.
Deputy Director for Supply Reduction, Office of
National Drug Control Policy.
Deputy Director for State and Local Affairs, Office
of National Drug Control Policy.
Under Secretary of Commerce for Intellectual Property
and Director of the United States Patent and Trademark
Office.
Register of Copyrights.
Commissioner of U.S. Customs and Border Protection,
Department of Homeland Security.
Under Secretary of Education
Administrator of the Centers for Medicare & Medicaid
Services.
Administrator of the Office of Electronic Government.
Administrator, Pipeline and Hazardous Materials
Safety Administration.
Director, Pension Benefit Guaranty Corporation.
Deputy Administrators, Federal Emergency Management
Agency.
Deputy Administrator, Transportation Security
Administration.
Chief Executive Officer, International Clean Energy
Foundation.
Independent Member of the Financial Stability
Oversight Council (1).
Director of the Office of Financial Research.
Director of the National Reconnaissance Office.
Special Counsel of the Office of Special Counsel.
Under Secretary of Commerce for Communications and
Information.
Sec. 5315. Positions at level IV
Level IV of the Executive Schedule applies to the following
positions, for which the annual rate of basic pay shall be the
rate determined with respect to such level under chapter 11 of
title 2, as adjusted by section 5318 of this title:
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics
and Space Administration.
Assistant Administrators, Agency for International
Development (6).
Regional Assistant Administrators, Agency for
International Development (4).
Assistant Secretaries of Agriculture (3).
Assistant Secretaries of Commerce [(11)] (10).
Assistant Secretaries of Defense (19).
Assistant Secretaries of the Air Force (5).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services
(6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (11).
Assistant Secretaries of Labor (10), one of whom
shall be the Assistant Secretary of Labor for Veterans'
Employment and Training.
Administrator, Wage and Hour Division, Department of
Labor.
Assistant Secretaries of State (24) and 4 other State
Department officials to be appointed by the President,
by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (10).
Members, United States International Trade Commission
(5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and
Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and
Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human
Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations
Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of
Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank
of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit
Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of
Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation
Administration.
Assistant Secretaries of Transportation (5).
Deputy Federal Highway Administrator.
Administrator of the Great Lakes St. Lawrence Seaway
Development Corporation.
Assistant Secretary for Science, Smithsonian
Institution.
Assistant Secretary for History and Art, Smithsonian
Institution.
Deputy Administrator of the Small Business
Administration.
Assistant Secretaries of Housing and Urban
Development (8).
General Counsel of the Department of Housing and
Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency
Management Agency.
Members, National Credit Union Administration Board
(2).
Members, Postal Regulatory Commission (4).
Members, Occupational Safety and Health Review
Commission.
Deputy Under Secretaries of the Treasury (or
Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear
Regulatory Commission.
Director of Nuclear Material Safety and Safeguards,
Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear
Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory
Commission.
President, Government National Mortgage Association,
Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and
Atmosphere, the incumbent of which also serves as
Deputy Administrator of the National Oceanic and
Atmospheric Administration.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (8).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration,
Department of Energy.
Administrator, Energy Information Administration,
Department of Energy.
Director, Office of Indian Energy Policy and
Programs, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and
Health.
Members, Federal Mine Safety and Health Review
Commission.
President, National Consumer Cooperative Bank.
Chairman, Federal Labor Relations Authority.
Assistant Secretaries, Department of Homeland
Security.
Assistant Director for Cybersecurity, Cybersecurity
and Infrastructure Security Agency.
Assistant Director for Infrastructure Security,
Cybersecurity and Infrastructure Security Agency.
General Counsel, Department of Homeland Security.
Officer for Civil Rights and Civil Liberties,
Department of Homeland Security.
Chief Financial Officer, Department of Homeland
Security.
Chief Information Officer, Department of Homeland
Security.
Deputy Director, Institute for Scientific and
Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business
Administration.
Assistant Administrator for Toxic Substances,
Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste,
Environmental Protection Agency.
Assistant Administrators, Environmental Protection
Agency (8).
Director of Operational Test and Evaluation,
Department of Defense.
Director of Cost Assessment and Program Evaluation,
Department of Defense.
Special Representatives of the President for arms
control, nonproliferation, and disarmament matters,
Department of State.
Ambassadors at Large.
Assistant Secretary of Commerce and Director General
of the United States and Foreign Commercial Service.
Assistant Secretaries, Department of Veterans Affairs
(7).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health
and Human Services
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and
Delinquency Prevention.
Director, United States Marshals Service.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of
Commerce.
Director of the Institute of Museum and Library
Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and
Human Services.
Chief Financial Officer, Department of Housing and
Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of
Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans
Affairs.
Chief Financial Officer, Environmental Protection
Agency.
Chief Financial Officer, National Aeronautics and
Space Administration.
Commissioner, Office of Navajo and Hopi Indian
Relocation.
Deputy Under Secretary of Defense for Research and
Engineering.
Deputy Under Secretary of Defense for Acquisition and
Sustainment.
Deputy Under Secretary of Defense for Policy.
Deputy Under Secretary of Defense for Personnel and
Readiness.
Deputy Under Secretary of Defense (Comptroller).
Deputy Under Secretary of Defense for Intelligence
and Security.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department
of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
The Commissioner of Labor Statistics, Department of
Labor.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense
(unless the official designated as the Chief
Information Officer of the Department of Defense is an
official listed under section 5312, 5313, or 5314 of
this title).
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and
Human Services.
Chief Information Officer, Department of Housing and
Urban Development.
Chief Information Officer, Department of the
Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of
Transportation.
Chief Information Officer, Department of the
Treasury.
Chief Information Officer, Department of Veterans
Affairs.
Chief Information Officer, Environmental Protection
Agency.
Chief Information Officer, National Aeronautics and
Space Administration.
Chief Information Officer, Agency for International
Development.
Chief Information Officer, Federal Emergency
Management Agency.
Chief Information Officer, General Services
Administration.
Chief Information Officer, National Science
Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel
Management.
Chief Information Officer, Small Business
Administration.
General Counsel of the Central Intelligence Agency.
Principal Deputy Administrator, National Nuclear
Security Administration.
Additional Deputy Administrators of the National
Nuclear Security Administration (3), but if the Deputy
Administrator for Naval Reactors is an officer of the
Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual
Property and Deputy Director of the United States
Patent and Trademark Office.
General Counsel of the Office of the Director of
National Intelligence.
Chief Medical Officer, Department of Homeland
Security.
Director of the National Counterintelligence and
Security Center.
* * * * * * *
----------
SECTION 106 OF THE PUBLIC TELECOMMUNICATIONS FINANCING ACT OF 1978
miscellaneous provisions
Sec. 106. (a) [subsections (a) and (b) omitted--Amends other
Act
(c) [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),] 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)), shall be
compensated at the rate of pay in effect from time to time for
level V of the Executive Schedule under section 5316 of title
5, United States Code.
----------
COMMUNICATIONS ACT OF 1934
* * * * * * *
TITLE III--SPECIAL PROVISIONS RELATING TO RADIO
PART I--GENERAL PROVISIONS
* * * * * * *
SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.
(a) Definition.--In this section, the term
``telecommunications interagency working group'' means the
interagency working group established under subsection (b)(1).
(b) Establishment.--
(1) In general.--Not later than 60 days after the
date of enactment of this section, the Chairman of the
Commission, in partnership with the Secretary of Labor,
shall establish within the Commission an interagency
working group to develop recommendations to address the
workforce needs of the telecommunications industry,
including the safety of that workforce.
(2) Date of establishment.--The telecommunications
interagency working group shall be considered
established on the date on which a majority of the
members of the working group have been appointed,
consistent with subsection (d).
(c) Duties.--In developing recommendations under subsection
(b), the telecommunications interagency working group shall--
(1) determine whether, and if so how, any Federal
laws, regulations, guidance, policies, or practices, or
any budgetary constraints, may be amended to strengthen
the ability of institutions of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) or for-profit businesses to
establish, adopt, or expand programs intended to
address the workforce needs of the telecommunications
industry, including the workforce needed to build and
maintain the 5G wireless infrastructure necessary to
support 5G wireless technology;
(2) identify potential policies and programs that
could encourage and improve coordination among Federal
agencies, between Federal agencies and States, and
among States, on telecommunications workforce needs;
(3) identify ways in which existing Federal programs,
including programs that help facilitate the employment
of veterans and military personnel transitioning into
civilian life, could be leveraged to help address the
workforce needs of the telecommunications industry;
(4) identify ways to improve recruitment in workforce
development programs in the telecommunications
industry;
(5) identify Federal incentives that could be
provided to institutions of higher education, for-
profit businesses, State workforce development boards
established under section 101 of the Workforce
Innovation and Opportunity Act (29 U.S.C. 3111), or
other relevant stakeholders to establish or adopt new
programs, expand current programs, or partner with
registered apprenticeship programs, to address the
workforce needs of the telecommunications industry,
including such needs in rural areas;
(6) identify ways to improve the safety of
telecommunications workers, including tower climbers;
and
(7) identify ways that trends in wages, benefits, and
working conditions in the telecommunications industry
impact recruitment of employees in the sector.
(d) Members.--The telecommunications interagency working
group shall be composed of the following representatives of
Federal agencies and relevant non-Federal industry and labor
stakeholder organizations:
(1) A representative of the Department of Education,
appointed by the Secretary of Education.
(2) A representative of the National
Telecommunications and Information Administration,
appointed by the [Assistant Secretary] Under Secretary
of Commerce for Communications and Information.
(3) A representative of the Commission, appointed by
the Chairman of the Commission.
(4) A representative of a registered apprenticeship
program in construction or maintenance, appointed by
the Secretary of Labor.
(5) A representative of a telecommunications industry
association, appointed by the Chairman of the
Commission.
(6) A representative of an Indian Tribe or Tribal
organization, appointed by the Chairman of the
Commission.
(7) A representative of a rural telecommunications
carrier, appointed by the Chairman of the Commission.
(8) A representative of a telecommunications
contractor firm, appointed by the Chairman of the
Commission.
(9) A representative of an institution of higher
education described in section 371(a) of the Higher
Education Act of 1965 (20 U.S.C. 1067q(a)), appointed
by the Secretary of Education.
(10) A public interest advocate for tower climber
safety, appointed by the Secretary of Labor.
(11) A representative of the Directorate of
Construction of the Occupational Safety and Health
Administration, appointed by the Secretary of Labor.
(12) A representative of a labor organization
representing the telecommunications workforce,
appointed by the Secretary of Labor.
(e) No Compensation.--A member of the telecommunications
interagency working group shall serve without compensation.
(f) Other Matters.--
(1) Chair and vice chair.--The telecommunications
interagency working group shall name a chair and a vice
chair, who shall be responsible for organizing the
business of the working group.
(2) Subgroups.--The chair and vice chair of the
telecommunications interagency working group, in
consultation with the other members of the
telecommunications interagency working group, may
establish such subgroups as necessary to help conduct
the work of the telecommunications interagency working
group.
(3) Support.--The Commission and the Secretary of
Labor may detail employees of the Commission and the
Department of Labor, respectively, to assist and
support the work of the telecommunications interagency
working group, though such a detailee shall not be
considered to be a member of the working group.
(g) Report to Congress.--
(1) Report to congress.--Not later than 1 year after
the date on which the telecommunications interagency
working group is established, the working group shall
submit a report containing its recommendations to
address the workforce needs of the telecommunications
industry to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Health, Education,
Labor, and Pensions of the Senate;
(C) the Committee on Energy and Commerce of
the House of Representatives;
(D) the Committee on Education and Labor of
the House of Representatives;
(E) the Department of Labor; and
(F) the Commission.
(2) Majority support.--The telecommunications
interagency working group may not submit the report
under paragraph (1) unless the report has the support
of not less than the majority of the members of the
working group.
(3) Views.--The telecommunications interagency
working group shall--
(A) include with the report submitted under
paragraph (1) any concurring or dissenting view
offered by a member of the working group; and
(B) identify each member to whom each
concurring or dissenting view described in
subparagraph (A) should be attributed.
(4) Public posting.--The Commission and the Secretary
of Labor shall make a copy of the report submitted
under paragraph (1) available to the public on the
websites of the Commission and the Department of Labor,
respectively.
(h) Nonapplicability of FACA.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the telecommunications
interagency working group.
* * * * * * *
----------
HOMELAND SECURITY ACT OF 2002
* * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS
* * * * * * *
SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.
(a) In General.--There is established in each Regional Office
a Regional Emergency Communications Coordination Working Group
(in this section referred to as an ``RECC Working Group'').
Each RECC Working Group shall report to the relevant Regional
Administrator and coordinate its activities with the relevant
Regional Advisory Council.
(b) Membership.--Each RECC Working Group shall consist of the
following:
(1) Non-federal.--Organizations representing the
interests of the following:
(A) State officials.
(B) Local government officials, including
sheriffs.
(C) State police departments.
(D) Local police departments.
(E) Local fire departments.
(F) Public safety answering points (9-1-1
services).
(G) State emergency managers, homeland
security directors, or representatives of State
Administrative Agencies.
(H) Local emergency managers or homeland
security directors.
(I) Other emergency response providers as
appropriate.
(2) Federal.--Representatives from the Department,
the Federal Communications Commission, and other
Federal departments and agencies with responsibility
for coordinating interoperable emergency communications
with or providing emergency support services to State,
local, and tribal governments.
(c) Coordination.--Each RECC Working Group shall coordinate
its activities with the following:
(1) Communications equipment manufacturers and
vendors (including broadband data service providers).
(2) Local exchange carriers.
(3) Local broadcast media.
(4) Wireless carriers.
(5) Satellite communications services.
(6) Cable operators.
(7) Hospitals.
(8) Public utility services.
(9) Emergency evacuation transit services.
(10) Ambulance services.
(11) HAM and amateur radio operators.
(12) Representatives from other private sector
entities and nongovernmental organizations as the
Regional Administrator determines appropriate.
(d) Duties.--The duties of each RECC Working Group shall
include--
(1) assessing the survivability, sustainability, and
interoperability of local emergency communications
systems to meet the goals of the National Emergency
Communications Plan;
(2) reporting annually to the relevant Regional
Administrator, the Assistant Director for Emergency
Communications, the Chairman of the Federal
Communications Commission, and the [Assistant Secretary
for Communications and Information of the Department of
Commerce] Under Secretary of Commerce for
Communications and Information on the status of its
region in building robust and sustainable interoperable
voice and data emergency communications networks and,
not later than 60 days after the completion of the
initial National Emergency Communications Plan under
section 1802, on the progress of the region in meeting
the goals of such plan;
(3) ensuring a process for the coordination of
effective multijurisdictional, multi-agency emergency
communications networks for use during natural
disasters, acts of terrorism, and other man-made
disasters through the expanded use of emergency
management and public safety communications mutual aid
agreements; and
(4) coordinating the establishment of Federal, State,
local, and tribal support services and networks
designed to address the immediate and critical human
needs in responding to natural disasters, acts of
terrorism, and other man-made disasters.
* * * * * * *
----------
AGRICULTURE IMPROVEMENT ACT OF 2018
* * * * * * *
TITLE VI--RURAL DEVELOPMENT
* * * * * * *
Subtitle B--Connecting Rural Americans to High Speed Broadband
* * * * * * *
SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.
(a) Consultation Between USDA and NTIA.--The Secretary shall
consult with the [Assistant Secretary] Under Secretary to
assist in the verification of eligibility of the broadband loan
and grant programs of the Department of Agriculture. In
providing assistance under the preceding sentence, the
[Assistant Secretary] Under Secretary shall make available the
broadband assessment and mapping capabilities of the National
Telecommunications and Information Administration.
(b) Consultation Between USDA and FCC.--
(1) By usda.--The Secretary shall consult with the
Commission before providing broadband assistance for a
project to serve an area with respect to which another
entity is receiving Connect America Fund or Mobility
Fund support under the Federal universal service
support mechanisms established under section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
(2) By fcc.--The Commission shall consult with the
Secretary before offering or providing Connect America
Fund or Mobility Fund support under the Federal
universal service support mechanisms established under
section 254 of the Communications Act of 1934 (47
U.S.C. 254) to serve an area with respect to which
another entity has received broadband assistance under
a loan or grant program of the Department of
Agriculture.
(c) Report to Congress.--Not later than 1 year after the date
of the enactment of this Act, the Secretary, the Commission,
and the [Assistant Secretary] Under Secretary shall submit to
the Committee on Agriculture and the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry and the Committee on
Commerce, Science, and Transportation of the Senate a report on
how best to coordinate federally supported broadband programs
and activities in order to achieve the following objectives:
(1) Promote high-quality broadband service that meets
the long-term needs of rural residents and businesses,
by evaluating the broadband service needs in rural
areas for each decade through 2050.
(2) Support the long-term viability, sustainability,
and utility of federally supported rural broadband
infrastructure, by analyzing the technical capabilities
of the technologies currently available and reasonably
expected to be available by 2035 to meet the broadband
service needs of rural residents identified under
paragraph (1), including by analyzing the following:
(A) The real-world performance of such
technologies, including data rates, latency,
data usage restrictions, and other aspects of
service quality, as defined by the Commission.
(B) The suitability of each such technology
for residential, agricultural, educational,
healthcare, commercial, and industrial purposes
in rural areas.
(C) The cost to deploy and support such
technologies in several rural geographies.
(D) The costs associated with online
platforms, specifically the resulting
constraints on rural network bandwidth.
(3) Identify and quantify the availability of
broadband service and ongoing broadband deployment in
rural areas, including ways to do the following:
(A) Harmonize broadband notification and
reporting requirements and develop common
verification procedures across all federally
supported broadband programs.
(B) Consolidate and utilize the existing
broadband service data.
(C) Collect and share data on those projects
in rural areas where Federal programs are
currently supporting broadband deployment,
including areas with respect to which an entity
is receiving--
(i) support under a broadband
assistance program of the Department of
Agriculture; or
(ii) Connect America Fund or Mobility
Fund support under the Federal
universal service support mechanisms
established under section 254 of the
Communications Act of 1934 (47 U.S.C.
254).
(D) Leverage support technologies and
services from online platforms for providers of
broadband service in rural areas.
(d) Definitions.--In this section:
(1) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(2) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(3) Rural area.--The term ``rural area'' has the
meaning given the term in section 601(b)(3) of the
Rural Electrification Act of 1936.
* * * * * * *
----------
TITLE 17, UNITED STATES CODE
* * * * * * *
CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS
* * * * * * *
Sec. 1201. Circumvention of copyright protection systems
(a) Violations Regarding Circumvention of Technological
Measures.--(1)(A) No person shall circumvent a technological
measure that effectively controls access to a work protected
under this title. The prohibition contained in the preceding
sentence shall take effect at the end of the 2-year period
beginning on the date of the enactment of this chapter.
(B) The prohibition contained in subparagraph (A) shall not
apply to persons who are users of a copyrighted work which is
in a particular class of works, if such persons are, or are
likely to be in the succeeding 3-year period, adversely
affected by virtue of such prohibition in their ability to make
noninfringing uses of that particular class of works under this
title, as determined under subparagraph (C).
(C) During the 2-year period described in subparagraph (A),
and during each succeeding 3-year period, the Librarian of
Congress, upon the recommendation of the Register of
Copyrights, who shall consult with the [Assistant Secretary for
Communications and Information of the Department of Commerce]
Under Secretary of Commerce for Communications and Information
and report and comment on his or her views in making such
recommendation, shall make the determination in a rulemaking
proceeding for purposes of subparagraph (B) of whether persons
who are users of a copyrighted work are, or are likely to be in
the succeeding 3-year period, adversely affected by the
prohibition under subparagraph (A) in their ability to make
noninfringing uses under this title of a particular class of
copyrighted works. In conducting such rulemaking, the Librarian
shall examine--
(i) the availability for use of copyrighted works;
(ii) the availability for use of works for nonprofit
archival, preservation, and educational purposes;
(iii) the impact that the prohibition on the
circumvention of technological measures applied to
copyrighted works has on criticism, comment, news
reporting, teaching, scholarship, or research;
(iv) the effect of circumvention of technological
measures on the market for or value of copyrighted
works; and
(v) such other factors as the Librarian considers
appropriate.
(D) The Librarian shall publish any class of copyrighted
works for which the Librarian has determined, pursuant to the
rulemaking conducted under subparagraph (C), that noninfringing
uses by persons who are users of a copyrighted work are, or are
likely to be, adversely affected, and the prohibition contained
in subparagraph (A) shall not apply to such users with respect
to such class of works for the ensuing 3-year period.
(E) Neither the exception under subparagraph (B) from the
applicability of the prohibition contained in subparagraph (A),
nor any determination made in a rulemaking conducted under
subparagraph (C), may be used as a defense in any action to
enforce any provision of this title other than this paragraph.
(2) No person shall manufacture, import, offer to the public,
provide, or otherwise traffic in any technology, product,
service, device, component, or part thereof, that--
(A) is primarily designed or produced for the purpose
of circumventing a technological measure that
effectively controls access to a work protected under
this title;
(B) has only limited commercially significant purpose
or use other than to circumvent a technological measure
that effectively controls access to a work protected
under this title; or
(C) is marketed by that person or another acting in
concert with that person with that person's knowledge
for use in circumventing a technological measure that
effectively controls access to a work protected under
this title.
(3) As used in this subsection--
(A) to ``circumvent a technological measure'' means
to descramble a scrambled work, to decrypt an encrypted
work, or otherwise to avoid, bypass, remove,
deactivate, or impair a technological measure, without
the authority of the copyright owner; and
(B) a technological measure ``effectively controls
access to a work'' if the measure, in the ordinary
course of its operation, requires the application of
information, or a process or a treatment, with the
authority of the copyright owner, to gain access to the
work.
(b) Additional Violations.--(1) No person shall manufacture,
import, offer to the public, provide, or otherwise traffic in
any technology, product, service, device, component, or part
thereof, that--
(A) is primarily designed or produced for the purpose
of circumventing protection afforded by a technological
measure that effectively protects a right of a
copyright owner under this title in a work or a portion
thereof;
(B) has only limited commercially significant purpose
or use other than to circumvent protection afforded by
a technological measure that effectively protects a
right of a copyright owner under this title in a work
or a portion thereof; or
(C) is marketed by that person or another acting in
concert with that person with that person's knowledge
for use in circumventing protection afforded by a
technological measure that effectively protects a right
of a copyright owner under this title in a work or a
portion thereof.
(2) As used in this subsection--
(A) to ``circumvent protection afforded by a
technological measure'' means avoiding, bypassing,
removing, deactivating, or otherwise impairing a
technological measure; and
(B) a technological measure ``effectively protects a
right of a copyright owner under this title'' if the
measure, in the ordinary course of its operation,
prevents, restricts, or otherwise limits the exercise
of a right of a copyright owner under this title.
(c) Other Rights, Etc., Not Affected.--(1) Nothing in this
section shall affect rights, remedies, limitations, or defenses
to copyright infringement, including fair use, under this
title.
(2) Nothing in this section shall enlarge or diminish
vicarious or contributory liability for copyright infringement
in connection with any technology, product, service, device,
component, or part thereof.
(3) Nothing in this section shall require that the design of,
or design and selection of parts and components for, a consumer
electronics, telecommunications, or computing product provide
for a response to any particular technological measure, so long
as such part or component, or the product in which such part or
component is integrated, does not otherwise fall within the
prohibitions of subsection (a)(2) or (b)(1).
(4) Nothing in this section shall enlarge or diminish any
rights of free speech or the press for activities using
consumer electronics, telecommunications, or computing
products.
(d) Exemption for Nonprofit Libraries, Archives, and
Educational Institutions.--(1) A nonprofit library, archives,
or educational institution which gains access to a commercially
exploited copyrighted work solely in order to make a good faith
determination of whether to acquire a copy of that work for the
sole purpose of engaging in conduct permitted under this title
shall not be in violation of subsection (a)(1)(A). A copy of a
work to which access has been gained under this paragraph--
(A) may not be retained longer than necessary to make
such good faith determination; and
(B) may not be used for any other purpose.
(2) The exemption made available under paragraph (1) shall
only apply with respect to a work when an identical copy of
that work is not reasonably available in another form.
(3) A nonprofit library, archives, or educational institution
that willfully for the purpose of commercial advantage or
financial gain violates paragraph (1)--
(A) shall, for the first offense, be subject to the
civil remedies under section 1203; and
(B) shall, for repeated or subsequent offenses, in
addition to the civil remedies under section 1203,
forfeit the exemption provided under paragraph (1).
(4) This subsection may not be used as a defense to a claim
under subsection (a)(2) or (b), nor may this subsection permit
a nonprofit library, archives, or educational institution to
manufacture, import, offer to the public, provide, or otherwise
traffic in any technology, product, service, component, or part
thereof, which circumvents a technological measure.
(5) In order for a library or archives to qualify for the
exemption under this subsection, the collections of that
library or archives shall be--
(A) open to the public; or
(B) available not only to researchers affiliated with
the library or archives or with the institution of
which it is a part, but also to other persons doing
research in a specialized field.
(e) Law Enforcement, Intelligence, and Other Government
Activities.--This section does not prohibit any lawfully
authorized investigative, protective, information security, or
intelligence activity of an officer, agent, or employee of the
United States, a State, or a political subdivision of a State,
or a person acting pursuant to a contract with the United
States, a State, or a political subdivision of a State. For
purposes of this subsection, the term ``information security''
means activities carried out in order to identify and address
the vulnerabilities of a government computer, computer system,
or computer network.
(f) Reverse Engineering.--(1) Notwithstanding the provisions
of subsection (a)(1)(A), a person who has lawfully obtained the
right to use a copy of a computer program may circumvent a
technological measure that effectively controls access to a
particular portion of that program for the sole purpose of
identifying and analyzing those elements of the program that
are necessary to achieve interoperability of an independently
created computer program with other programs, and that have not
previously been readily available to the person engaging in the
circumvention, to the extent any such acts of identification
and analysis do not constitute infringement under this title.
(2) Notwithstanding the provisions of subsections (a)(2) and
(b), a person may develop and employ technological means to
circumvent a technological measure, or to circumvent protection
afforded by a technological measure, in order to enable the
identification and analysis under paragraph (1), or for the
purpose of enabling interoperability of an independently
created computer program with other programs, if such means are
necessary to achieve such interoperability, to the extent that
doing so does not constitute infringement under this title.
(3) The information acquired through the acts permitted under
paragraph (1), and the means permitted under paragraph (2), may
be made available to others if the person referred to in
paragraph (1) or (2), as the case may be, provides such
information or means solely for the purpose of enabling
interoperability of an independently created computer program
with other programs, and to the extent that doing so does not
constitute infringement under this title or violate applicable
law other than this section.
(4) For purposes of this subsection, the term
``interoperability'' means the ability of computer programs to
exchange information, and of such programs mutually to use the
information which has been exchanged.
(g) Encryption Research.--
(1) Definitions.--For purposes of this subsection--
(A) the term ``encryption research'' means
activities necessary to identify and analyze
flaws and vulnerabilities of encryption
technologies applied to copyrighted works, if
these activities are conducted to advance the
state of knowledge in the field of encryption
technology or to assist in the development of
encryption products; and
(B) the term ``encryption technology'' means
the scrambling and descrambling of information
using mathematical formulas or algorithms.
(2) Permissible acts of encryption research.--
Notwithstanding the provisions of subsection (a)(1)(A),
it is not a violation of that subsection for a person
to circumvent a technological measure as applied to a
copy, phonorecord, performance, or display of a
published work in the course of an act of good faith
encryption research if--
(A) the person lawfully obtained the
encrypted copy, phonorecord, performance, or
display of the published work;
(B) such act is necessary to conduct such
encryption research;
(C) the person made a good faith effort to
obtain authorization before the circumvention;
and
(D) such act does not constitute infringement
under this title or a violation of applicable
law other than this section, including section
1030 of title 18 and those provisions of title
18 amended by the Computer Fraud and Abuse Act
of 1986.
(3) Factors in determining exemption.--In determining
whether a person qualifies for the exemption under
paragraph (2), the factors to be considered shall
include--
(A) whether the information derived from the
encryption research was disseminated, and if
so, whether it was disseminated in a manner
reasonably calculated to advance the state of
knowledge or development of encryption
technology, versus whether it was disseminated
in a manner that facilitates infringement under
this title or a violation of applicable law
other than this section, including a violation
of privacy or breach of security;
(B) whether the person is engaged in a
legitimate course of study, is employed, or is
appropriately trained or experienced, in the
field of encryption technology; and
(C) whether the person provides the copyright
owner of the work to which the technological
measure is applied with notice of the findings
and documentation of the research, and the time
when such notice is provided.
(4) Use of technological means for research
activities.--Notwithstanding the provisions of
subsection (a)(2), it is not a violation of that
subsection for a person to--
(A) develop and employ technological means to
circumvent a technological measure for the sole
purpose of that person performing the acts of
good faith encryption research described in
paragraph (2); and
(B) provide the technological means to
another person with whom he or she is working
collaboratively for the purpose of conducting
the acts of good faith encryption research
described in paragraph (2) or for the purpose
of having that other person verify his or her
acts of good faith encryption research
described in paragraph (2).
(5) Report to congress.--Not later than 1 year after
the date of the enactment of this chapter, the Register
of Copyrights and the Assistant Secretary for
Communications and Information of the Department of
Commerce shall jointly report to the Congress on the
effect this subsection has had on--
(A) encryption research and the development
of encryption technology;
(B) the adequacy and effectiveness of
technological measures designed to protect
copyrighted works; and
(C) protection of copyright owners against
the unauthorized access to their encrypted
copyrighted works.
The report shall include legislative recommendations,
if any.
(h) Exceptions Regarding Minors.--In applying subsection (a)
to a component or part, the court may consider the necessity
for its intended and actual incorporation in a technology,
product, service, or device, which--
(1) does not itself violate the provisions of this
title; and
(2) has the sole purpose to prevent the access of
minors to material on the Internet.
(i) Protection of Personally Identifying Information.--
(1) Circumvention permitted.--Notwithstanding the
provisions of subsection (a)(1)(A), it is not a
violation of that subsection for a person to circumvent
a technological measure that effectively controls
access to a work protected under this title, if--
(A) the technological measure, or the work it
protects, contains the capability of collecting
or disseminating personally identifying
information reflecting the online activities of
a natural person who seeks to gain access to
the work protected;
(B) in the normal course of its operation,
the technological measure, or the work it
protects, collects or disseminates personally
identifying information about the person who
seeks to gain access to the work protected,
without providing conspicuous notice of such
collection or dissemination to such person, and
without providing such person with the
capability to prevent or restrict such
collection or dissemination;
(C) the act of circumvention has the sole
effect of identifying and disabling the
capability described in subparagraph (A), and
has no other effect on the ability of any
person to gain access to any work; and
(D) the act of circumvention is carried out
solely for the purpose of preventing the
collection or dissemination of personally
identifying information about a natural person
who seeks to gain access to the work protected,
and is not in violation of any other law.
(2) Inapplicability to certain technological
measures.--This subsection does not apply to a
technological measure, or a work it protects, that does
not collect or disseminate personally identifying
information and that is disclosed to a user as not
having or using such capability.
(j) Security Testing.--
(1) Definition.--For purposes of this subsection, the
term ``security testing'' means accessing a computer,
computer system, or computer network, solely for the
purpose of good faith testing, investigating, or
correcting, a security flaw or vulnerability, with the
authorization of the owner or operator of such
computer, computer system, or computer network.
(2) Permissible acts of security testing.--
Notwithstanding the provisions of subsection (a)(1)(A),
it is not a violation of that subsection for a person
to engage in an act of security testing, if such act
does not constitute infringement under this title or a
violation of applicable law other than this section,
including section 1030 of title 18 and those provisions
of title 18 amended by the Computer Fraud and Abuse Act
of 1986.
(3) Factors in determining exemption.--In determining
whether a person qualifies for the exemption under
paragraph (2), the factors to be considered shall
include--
(A) whether the information derived from the
security testing was used solely to promote the
security of the owner or operator of such
computer, computer system or computer network,
or shared directly with the developer of such
computer, computer system, or computer network;
and
(B) whether the information derived from the
security testing was used or maintained in a
manner that does not facilitate infringement
under this title or a violation of applicable
law other than this section, including a
violation of privacy or breach of security.
(4) Use of technological means for security
testing.--Notwithstanding the provisions of subsection
(a)(2), it is not a violation of that subsection for a
person to develop, produce, distribute or employ
technological means for the sole purpose of performing
the acts of security testing described in subsection
(2), provided such technological means does not
otherwise violate section (a)(2).
(k) Certain Analog Devices and Certain Technological
Measures.--
(1) Certain analog devices.--
(A) Effective 18 months after the date of the
enactment of this chapter, no person shall
manufacture, import, offer to the public,
provide or otherwise traffic in any--
(i) VHS format analog video cassette
recorder unless such recorder conforms
to the automatic gain control copy
control technology;
(ii) 8mm format analog video cassette
camcorder unless such camcorder
conforms to the automatic gain control
technology;
(iii) Beta format analog video
cassette recorder, unless such recorder
conforms to the automatic gain control
copy control technology, except that
this requirement shall not apply until
there are 1,000 Beta format analog
video cassette recorders sold in the
United States in any one calendar year
after the date of the enactment of this
chapter;
(iv) 8mm format analog video cassette
recorder that is not an analog video
cassette camcorder, unless such
recorder conforms to the automatic gain
control copy control technology, except
that this requirement shall not apply
until there are 20,000 such recorders
sold in the United States in any one
calendar year after the date of the
enactment of this chapter; or
(v) analog video cassette recorder
that records using an NTSC format video
input and that is not otherwise covered
under clauses (i) through (iv), unless
such device conforms to the automatic
gain control copy control technology.
(B) Effective on the date of the enactment of
this chapter, no person shall manufacture,
import, offer to the public, provide or
otherwise traffic in--
(i) any VHS format analog video
cassette recorder or any 8mm format
analog video cassette recorder if the
design of the model of such recorder
has been modified after such date of
enactment so that a model of recorder
that previously conformed to the
automatic gain control copy control
technology no longer conforms to such
technology; or
(ii) any VHS format analog video
cassette recorder, or any 8mm format
analog video cassette recorder that is
not an 8mm analog video cassette
camcorder, if the design of the model
of such recorder has been modified
after such date of enactment so that a
model of recorder that previously
conformed to the four-line colorstripe
copy control technology no longer
conforms to such technology.
Manufacturers that have not previously
manufactured or sold a VHS format analog video
cassette recorder, or an 8mm format analog
cassette recorder, shall be required to conform
to the four-line colorstripe copy control
technology in the initial model of any such
recorder manufactured after the date of the
enactment of this chapter, and thereafter to
continue conforming to the four-line
colorstripe copy control technology. For
purposes of this subparagraph, an analog video
cassette recorder ``conforms to'' the four-line
colorstripe copy control technology if it
records a signal that, when played back by the
playback function of that recorder in the
normal viewing mode, exhibits, on a reference
display device, a display containing
distracting visible lines through portions of
the viewable picture.
(2) Certain encoding restrictions.--No person shall
apply the automatic gain control copy control
technology or colorstripe copy control technology to
prevent or limit consumer copying except such copying--
(A) of a single transmission, or specified
group of transmissions, of live events or of
audiovisual works for which a member of the
public has exercised choice in selecting the
transmissions, including the content of the
transmissions or the time of receipt of such
transmissions, or both, and as to which such
member is charged a separate fee for each such
transmission or specified group of
transmissions;
(B) from a copy of a transmission of a live
event or an audiovisual work if such
transmission is provided by a channel or
service where payment is made by a member of
the public for such channel or service in the
form of a subscription fee that entitles the
member of the public to receive all of the
programming contained in such channel or
service;
(C) from a physical medium containing one or
more prerecorded audiovisual works; or
(D) from a copy of a transmission described
in subparagraph (A) or from a copy made from a
physical medium described in subparagraph (C).
In the event that a transmission meets both the
conditions set forth in subparagraph (A) and those set
forth in subparagraph (B), the transmission shall be
treated as a transmission described in subparagraph
(A).
(3) Inapplicability.--This subsection shall not--
(A) require any analog video cassette
camcorder to conform to the automatic gain
control copy control technology with respect to
any video signal received through a camera
lens;
(B) apply to the manufacture, importation,
offer for sale, provision of, or other
trafficking in, any professional analog video
cassette recorder; or
(C) apply to the offer for sale or provision
of, or other trafficking in, any previously
owned analog video cassette recorder, if such
recorder was legally manufactured and sold when
new and not subsequently modified in violation
of paragraph (1)(B).
(4) Definitions.--For purposes of this subsection:
(A) An ``analog video cassette recorder''
means a device that records, or a device that
includes a function that records, on
electromagnetic tape in an analog format the
electronic impulses produced by the video and
audio portions of a television program, motion
picture, or other form of audiovisual work.
(B) An ``analog video cassette camcorder''
means an analog video cassette recorder that
contains a recording function that operates
through a camera lens and through a video input
that may be connected with a television or
other video playback device.
(C) An analog video cassette recorder
``conforms'' to the automatic gain control copy
control technology if it--
(i) detects one or more of the
elements of such technology and does
not record the motion picture or
transmission protected by such
technology; or
(ii) records a signal that, when
played back, exhibits a meaningfully
distorted or degraded display.
(D) The term ``professional analog video
cassette recorder'' means an analog video
cassette recorder that is designed,
manufactured, marketed, and intended for use by
a person who regularly employs such a device
for a lawful business or industrial use,
including making, performing, displaying,
distributing, or transmitting copies of motion
pictures on a commercial scale.
(E) The terms ``VHS format'', ``8mm format'',
``Beta format'', ``automatic gain control copy
control technology'', ``colorstripe copy
control technology'', ``four-line version of
the colorstripe copy control technology'', and
``NTSC'' have the meanings that are commonly
understood in the consumer electronics and
motion picture industries as of the date of the
enactment of this chapter.
(5) Violations.--Any violation of paragraph (1) of
this subsection shall be treated as a violation of
subsection (b)(1) of this section. Any violation of
paragraph (2) of this subsection shall be deemed an
``act of circumvention'' for the purposes of section
1203(c)(3)(A) of this chapter.
* * * * * * *
----------
UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT
* * * * * * *
SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY LIBRARIAN
OF CONGRESS.
(a) Repeal and Replace.--As of the date of the enactment of
this Act, paragraph (3) of section 201.40(b) of title 37, Code
of Federal Regulations, as amended and revised by the Librarian
of Congress on October 28, 2012, pursuant to the Librarian's
authority under section 1201(a) of title 17, United States
Code, shall have no force and effect, and such paragraph shall
read, and shall be in effect, as such paragraph was in effect
on July 27, 2010.
(b) Rulemaking.--The Librarian of Congress, upon the
recommendation of the Register of Copyrights, who shall consult
with the [Assistant Secretary for Communications and
Information of the Department of Commerce] Under Secretary of
Commerce for Communications and Information and report and
comment on his or her views in making such recommendation,
shall determine, consistent with the requirements set forth
under section 1201(a)(1) of title 17, United States Code,
whether to extend the exemption for the class of works
described in section 201.40(b)(3) of title 37, Code of Federal
Regulations, as amended by subsection (a), to include any other
category of wireless devices in addition to wireless telephone
handsets. The determination shall be made in the first
rulemaking under section 1201(a)(1)(C) of title 17, United
States Code, that begins on or after the date of enactment of
this Act.
(c) Unlocking at Direction of Owner.--Circumvention of a
technological measure that restricts wireless telephone
handsets or other wireless devices from connecting to a
wireless telecommunications network--
(1)(A) as authorized by paragraph (3) of section
201.40(b) of title 37, Code of Federal Regulations, as
made effective by subsection (a); and
(B) as may be extended to other wireless devices
pursuant to a determination in the rulemaking conducted
under subsection (b); or
(2) as authorized by an exemption adopted by the
Librarian of Congress pursuant to a determination made
on or after the date of enactment of this Act under
section 1201(a)(1)(C) of title 17, United States Code,
may be initiated by the owner of any such handset or other
device, by another person at the direction of the owner, or by
a provider of a commercial mobile radio service or a commercial
mobile data service at the direction of such owner or other
person, solely in order to enable such owner or a family member
of such owner to connect to a wireless telecommunications
network, when such connection is authorized by the operator of
such network.
(d) Rule of Construction.--
(1) In general.--Except as expressly provided herein,
nothing in this Act shall be construed to alter the
scope of any party's rights under existing law.
(2) Librarian of congress.--Nothing in this Act
alters, or shall be construed to alter, the authority
of the Librarian of Congress under section 1201(a)(1)
of title 17, United States Code.
(e) Definitions.--In this Act:
(1) Commercial mobile data service; commercial mobile
radio service.--The terms ``commercial mobile data
service'' and ``commercial mobile radio service'' have
the respective meanings given those terms in section
20.3 of title 47, Code of Federal Regulations, as in
effect on the date of the enactment of this Act.
(2) Wireless telecommunications network.--The term
``wireless telecommunications network'' means a network
used to provide a commercial mobile radio service or a
commercial mobile data service.
(3) Wireless telephone handsets; wireless devices.--
The terms ``wireless telephone handset'' and ``wireless
device'' mean a handset or other device that operates
on a wireless telecommunications network.
----------
COMMUNICATIONS SATELLITE ACT OF 1962
* * * * * * *
TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION
* * * * * * *
Subtitle B--Federal Communications Commission Licensing Criteria:
Privatization Criteria
* * * * * * *
SEC. 625. ENCOURAGING MARKET ACCESS AND PRIVATIZATION.
(a) NTIA Determination.--
(1) Determination required.--Within 180 days after
the date of enactment of this section, the Secretary of
Commerce shall, through the [Assistant Secretary] Under
Secretary of Commerce for Communications and
Information, transmit to the Commission--
(A) a list of Member countries of INTELSAT
and Inmarsat that are not Members of the World
Trade Organization and that impose barriers to
market access for private satellite systems;
and
(B) a list of Member countries of INTELSAT
and Inmarsat that are not Members of the World
Trade Organization and that are not supporting
pro-competitive privatization of INTELSAT and
Inmarsat.
(2) Consultation.--The Secretary's determinations
under paragraph (1) shall be made in consultation with
the Federal Communications Commission, the Secretary of
State, and the United States Trade Representative, and
shall take into account the totality of a country's
actions in all relevant fora, including the Assemblies
of Parties of INTELSAT and Inmarsat.
(b) Imposition of Cost-Based Settlement Rate.--
Notwithstanding--
(1) any higher settlement rate that an overseas
carrier charges any United States carrier to originate
or terminate international message telephone services;
and
(2) any transition period that would otherwise apply,
the Commission may by rule prohibit United States carriers from
paying an amount in excess of a cost-based settlement rate to
overseas carriers in countries listed by the Commission
pursuant to subsection (a).
(c) Settlements Policy.--The Commission shall, in exercising
its authority to establish settlements rates for United States
international common carriers, seek to advance United States
policy in favor of cost-based settlements in all relevant fora
on international telecommunications policy, including in
meetings with parties and signatories of INTELSAT and Inmarsat.
* * * * * * *
----------
SPECTRUM PIPELINE ACT OF 2015
TITLE X--SPECTRUM PIPELINE
SEC. 1001. SHORT TITLE.
This title may be cited as the ``Spectrum Pipeline Act of
2015''.
SEC. 1002. DEFINITIONS.
In this title:
(1) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(2) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(3) Federal entity.--The term ``Federal entity'' has
the meaning given such term in section 113(l) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(l)).
(4) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.
* * * * * * *
SEC. 1006. PLANS FOR AUCTION OF CERTAIN SPECTRUM.
(a) Reports to Congress.--In accordance with each paragraph
of subsection (c), the Commission, in coordination with the
[Assistant Secretary] Under Secretary, shall submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing a proposed
plan for the assignment of new licenses for non-Federal use of
the spectrum identified under such paragraph, including--
(1) an assessment of the operations of Federal
entities that operate Federal Government stations
authorized to use such spectrum;
(2) an estimated timeline for the competitive bidding
process; and
(3) a proposed plan for balance between unlicensed
and licensed use.
(b) Information for Assessment of Federal Entity
Operations.--The [Assistant Secretary] Under Secretary, in
coordination with the affected Federal entities, shall provide
to the Commission the necessary information to carry out
subsection (a)(1).
(c) Report Deadlines; Identification of Spectrum.--The
Commission shall submit reports under subsection (a) as
follows:
(1) Not later than January 1, 2024, for at least 50
megahertz of spectrum (in bands of not less than 10
megahertz of contiguous frequencies) below 6 gigahertz,
to be identified by the Commission, in coordination
with the [Assistant Secretary] Under Secretary, from
spectrum other than the spectrum identified under
section 1004(a).
(2) Not later than January 1, 2024, for at least 50
megahertz of spectrum (in bands of not less than 10
megahertz of contiguous frequencies) below 6 gigahertz,
to be identified by the Commission, in coordination
with the [Assistant Secretary] Under Secretary, from
spectrum other than the spectrum identified under
paragraph (1) or section 1004(a).
* * * * * * *
----------
SECTION 606 OF THE WARNING, ALERT, AND RESPONSE NETWORK ACT
SEC. 606. FUNDING.
(a) In General.--In addition to any amounts provided by
appropriation Acts, funding for this title shall be provided
from the Digital Transition and Public Safety Fund in
accordance with section 3010 of the Digital Television
Transition and Public Safety Act of 2005 (47 U.S.C. 309 note).
(b) Compensation.--The [Assistant Secretary] Under Secretary
of Commerce [for7Communications] for Communications and
Information shall compensate any such broadcast station
licensee or permittee for reasonable costs incurred in
complying with the requirements imposed pursuant to section
602(c) from funds made available under this section. The
[Assistant Secretary] Under Secretary shall ensure that
sufficient funds are made available to effectuate
geographically targeted alerts.
(c) Credit.--The [Assistant Secretary] Under Secretary of
Commerce for Communications and Information, in consultation
with the Under Secretary of Homeland Security for Science and
Technology and the Under Secretary of Commerce for Oceans and
Atmosphere, may borrow from the Treasury beginning on October
1, 2006, such sums as may be necessary, but not to exceed
$106,000,000, to implement this title. The [Assistant
Secretary] Under Secretary of Commerce for Communications and
Information shall ensure that the Under Secretary of Homeland
Security for Science and Technology and the Under Secretary of
Commerce for Oceans and Atmosphere are provided adequate funds
to carry out their responsibilities under sections 604 and 605
of this title. The Treasury shall be reimbursed, without
interest, from amounts in the Digital Television Transition and
Public Safety Fund as funds are deposited into the Fund.
----------
SECTION 6001 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009
SEC. 6001. BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM.
(a) The [Assistant Secretary] Under Secretary of Commerce for
Communications and Information ([Assistant Secretary] Under
Secretary), in consultation with the Federal Communications
Commission (Commission), shall establish a national broadband
service development and expansion program in conjunction with
the technology opportunities program, which shall be referred
to as the Broadband Technology Opportunities Program. The
[Assistant Secretary] Under Secretary shall ensure that the
program complements and enhances and does not conflict with
other Federal broadband initiatives and programs.
(b) The purposes of the program are to--
(1) provide access to broadband service to consumers
residing in unserved areas of the United States;
(2) provide improved access to broadband service to
consumers residing in underserved areas of the United
States;
(3) provide broadband education, awareness, training,
access, equipment, and support to--
(A) schools, libraries, medical and
healthcare providers, community colleges and
other institutions of higher education, and
other community support organizations and
entities to facilitate greater use of broadband
service by or through these organizations;
(B) organizations and agencies that provide
outreach, access, equipment, and support
services to facilitate greater use of broadband
service by low-income, unemployed, aged, and
otherwise vulnerable populations; and
(C) job-creating strategic facilities located
within a State-designated economic zone,
Economic Development District designated by the
Department of Commerce, Renewal Community or
Empowerment Zone designated by the Department
of Housing and Urban Development, or Enterprise
Community designated by the Department of
Agriculture;
(4) improve access to, and use of, broadband service
by public safety agencies; and
(5) stimulate the demand for broadband, economic
growth, and job creation.
(c) The [Assistant Secretary] Under Secretary may consult a
State, the District of Columbia, or territory or possession of
the United States with respect to--
(1) the identification of areas described in
subsection (b)(1) or (2) located in that State; and
(2) the allocation of grant funds within that State
for projects in or affecting the State.
(d) The [Assistant Secretary] Under Secretary shall--
(1) establish and implement the grant program as
expeditiously as practicable;
(2) ensure that all awards are made before the end of
fiscal year 2010; and
(3) seek such assurances as may be necessary or
appropriate from grantees under the program that they
will substantially complete projects supported by the
program in accordance with project timelines, not to
exceed 2 years following an award[; and].
[(4) report on the status of the program to the
Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Energy
and Commerce of the House of Representatives, and the
Committee on Commerce, Science, and Transportation of
the Senate, every 90 days.]
(e) To be eligible for a grant under the program, an
applicant shall--
(1)(A) be a State or political subdivision thereof,
the District of Columbia, a territory or possession of
the United States, an Indian tribe (as defined in
section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 450(b)) or native
Hawaiian organization;
(B) a nonprofit--
(i) foundation,
(ii) corporation,
(iii) institution, or
(iv) association; or
(C) any other entity, including a broadband
service or infrastructure provider, that the
[Assistant Secretary] Under Secretary finds by
rule to be in the public interest. In
establishing such rule, the [Assistant
Secretary] Under Secretary shall to the extent
practicable promote the purposes of this
section in a technologically neutral manner;
(2) submit an application, at such time, in such
form, and containing such information as the [Assistant
Secretary] Under Secretary may require;
(3) provide a detailed explanation of how any amount
received under the program will be used to carry out
the purposes of this section in an efficient and
expeditious manner, including a showing that the
project would not have been implemented during the
grant period without Federal grant assistance;
(4) demonstrate, to the satisfaction of the
[Assistant Secretary] Under Secretary, that it is
capable of carrying out the project or function to
which the application relates in a competent manner in
compliance with all applicable Federal, State, and
local laws;
(5) demonstrate, to the satisfaction of the
[Assistant Secretary] Under Secretary, that it will
appropriate (if the applicant is a State or local
government agency) or otherwise unconditionally
obligate, from non-Federal sources, funds required to
meet the requirements of subsection (f);
(6) disclose to the [Assistant Secretary] Under
Secretary the source and amount of other Federal or
State funding sources from which the applicant
receives, or has applied for, funding for activities or
projects to which the application relates; and
(7) provide such assurances and procedures as the
[Assistant Secretary] Under Secretary may require to
ensure that grant funds are used and accounted for in
an appropriate manner.
(f) The Federal share of any project may not exceed 80
percent, except that the [Assistant Secretary] Under Secretary
may increase the Federal share of a project above 80 percent
if--
(1) the applicant petitions the [Assistant Secretary]
Under Secretary for a waiver; and
(2) the [Assistant Secretary] Under Secretary
determines that the petition demonstrates financial
need.
(g) The [Assistant Secretary] Under Secretary may make
competitive grants under the program to--
(1) acquire equipment, instrumentation, networking
capability, hardware and software, digital network
technology, and infrastructure for broadband services;
(2) construct and deploy broadband service related
infrastructure;
(3) ensure access to broadband service by community
anchor institutions;
(4) facilitate access to broadband service by low-
income, unemployed, aged, and otherwise vulnerable
populations in order to provide educational and
employment opportunities to members of such
populations;
(5) construct and deploy broadband facilities that
improve public safety broadband communications
services; and
(6) undertake such other projects and activities as
the [Assistant Secretary] Under Secretary finds to be
consistent with the purposes for which the program is
established.
(h) The [Assistant Secretary] Under Secretary, in awarding
grants under this section, shall, to the extent practical--
(1) award not less than 1 grant in each State;
(2) consider whether an application to deploy
infrastructure in an area--
(A) will, if approved, increase the
affordability of, and subscribership to,
service to the greatest population of users in
the area;
(B) will, if approved, provide the greatest
broadband speed possible to the greatest
population of users in the area;
(C) will, if approved, enhance service for
health care delivery, education, or children to
the greatest population of users in the area;
and
(D) will, if approved, not result in unjust
enrichment as a result of support for non-
recurring costs through another Federal program
for service in the area; and
(3) consider whether the applicant is a socially and
economically disadvantaged small business concern as
defined under section 8(a) of the Small Business Act
(15 U.S.C. 637).
(i) The [Assistant Secretary] Under Secretary--
(1) shall require any entity receiving a grant
pursuant to this section to report quarterly, in a
format specified by the [Assistant Secretary] Under
Secretary, on such entity's use of the assistance and
progress fulfilling the objectives for which such funds
were granted, and the [Assistant Secretary] Under
Secretary shall make these reports available to the
public;
(2) may establish additional reporting and
information requirements for any recipient of any
assistance made available pursuant to this section;
(3) shall establish appropriate mechanisms to ensure
appropriate use and compliance with all terms of any
use of funds made available pursuant to this section;
(4) may, in addition to other authority under
applicable law, deobligate awards to grantees that
demonstrate an insufficient level of performance, or
wasteful or fraudulent spending, as defined in advance
by the [Assistant Secretary] Under Secretary, and award
these funds competitively to new or existing applicants
consistent with this section; and
(5) shall create and maintain a fully searchable
database, accessible on the Internet at no cost to the
public, that contains at least a list of each entity
that has applied for a grant under this section, a
description of each application, the status of each
such application, the name of each entity receiving
funds made available pursuant to this section, the
purpose for which such entity is receiving such funds,
each quarterly report submitted by the entity pursuant
to this section, and such other information sufficient
to allow the public to understand and monitor grants
awarded under the program.
(j) Concurrent with the issuance of the Request for Proposal
for grant applications pursuant to this section, the [Assistant
Secretary] Under Secretary shall, in coordination with the
Commission, publish the non-discrimination and network
interconnection obligations that shall be contractual
conditions of grants awarded under this section, including, at
a minimum, adherence to the principles contained in the
Commission's broadband policy statement (FCC 05-15, adopted
August 5, 2005).
(k)(1) Not later than 1 year after the date of enactment of
this section, the Commission shall submit to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate, a report containing a national broadband plan.
(2) The national broadband plan required by this
section shall seek to ensure that all people of the
United States have access to broadband capability and
shall establish benchmarks for meeting that goal. The
plan shall also include--
(A) an analysis of the most effective and
efficient mechanisms for ensuring broadband
access by all people of the United States;
(B) a detailed strategy for achieving
affordability of such service and maximum
utilization of broadband infrastructure and
service by the public;
(C) an evaluation of the status of deployment
of broadband service, including progress of
projects supported by the grants made pursuant
to this section; and
(D) a plan for use of broadband
infrastructure and services in advancing
consumer welfare, civic participation, public
safety and homeland security, community
development, health care delivery, energy
independence and efficiency, education, worker
training, private sector investment,
entrepreneurial activity, job creation and
economic growth, and other national purposes.
(3) In developing the plan, the Commission shall have
access to data provided to other Government agencies
under the Broadband Data Improvement Act (47 U.S.C.
1301 note).
(l) The [Assistant Secretary] Under Secretary shall develop
and maintain a comprehensive nationwide inventory map of
existing broadband service capability and availability in the
United States that depicts the geographic extent to which
broadband service capability is deployed and available from a
commercial provider or public provider throughout each State.
Not later than 2 years after the date of the enactment of this
Act, the [Assistant Secretary] Under Secretary shall make the
broadband inventory map developed and maintained pursuant to
this section accessible by the public on a World Wide Web site
of the National Telecommunications and Information
Administration in a form that is interactive and searchable.
(m) The [Assistant Secretary] Under Secretary shall have the
authority to prescribe such rules as are necessary to carry out
the purposes of this section.
----------
MIDDLE CLASS TAX RELIEF AND JOB CREATION ACT OF 2012
* * * * * * *
TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM
AUCTIONS
SEC. 6001. DEFINITIONS.
In this title:
(1) 700 mhz band.--The term ``700 MHz band'' means
the portion of the electromagnetic spectrum between the
frequencies from 698 megahertz to 806 megahertz.
(2) 700 mhz d block spectrum.--The term ``700 MHz D
block spectrum'' means the portion of the
electromagnetic spectrum between the frequencies from
758 megahertz to 763 megahertz and between the
frequencies from 788 megahertz to 793 megahertz.
(3) Appropriate committees of congress.--Except as
otherwise specifically provided, the term ``appropriate
committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of
the House of Representatives.
[(4) Assistant secretary.--The term ``Assistant
Secretary'' means the Assistant Secretary of Commerce
for Communications and Information.]
[(5)] (4) Board.--The term ``Board'' means the Board
of the First Responder Network Authority established
under section 6204(b).
[(6)] (5) Broadcast television licensee.--The term
``broadcast television licensee'' means the licensee
of--
(A) a full-power television station; or
(B) a low-power television station that has
been accorded primary status as a Class A
television licensee under section 73.6001(a) of
title 47, Code of Federal Regulations.
[(7)] (6) Broadcast television spectrum.--The term
``broadcast television spectrum'' means the portions of
the electromagnetic spectrum between the frequencies
from 54 megahertz to 72 megahertz, from 76 megahertz to
88 megahertz, from 174 megahertz to 216 megahertz, and
from 470 megahertz to 698 megahertz.
[(8)] (7) Commercial mobile data service.--The term
``commercial mobile data service'' means any mobile
service (as defined in section 3 of the Communications
Act of 1934 (47 U.S.C. 153)) that is--
(A) a data service;
(B) provided for profit; and
(C) available to the public or such classes
of eligible users as to be effectively
available to a substantial portion of the
public, as specified by regulation by the
Commission.
[(9)] (8) Commercial mobile service.--The term
``commercial mobile service'' has the meaning given
such term in section 332 of the Communications Act of
1934 (47 U.S.C. 332).
[(10)] (9) Commercial standards.--The term
``commercial standards'' means the technical standards
followed by the commercial mobile service and
commercial mobile data service industries for network,
device, and Internet Protocol connectivity. Such term
includes standards developed by the Third Generation
Partnership Project (3GPP), the Institute of Electrical
and Electronics Engineers (IEEE), the Alliance for
Telecommunications Industry Solutions (ATIS), the
Internet Engineering Task Force (IETF), and the
International Telecommunication Union (ITU).
[(11)] (10) Commission.--The term ``Commission''
means the Federal Communications Commission.
[(12)] (11) Core network.--The term ``core network''
means the core network described in section 6202(b)(1).
[(13)] (12) Emergency call.--The term ``emergency
call'' means any real-time communication with a public
safety answering point or other emergency management or
response agency, including--
(A) through voice, text, or video and related
data; and
(B) nonhuman-initiated automatic event
alerts, such as alarms, telematics, or sensor
data, which may also include real-time voice,
text, or video communications.
[(14)] (13) Existing public safety broadband
spectrum.--The term ``existing public safety broadband
spectrum'' means the portion of the electromagnetic
spectrum between the frequencies--
(A) from 763 megahertz to 768 megahertz;
(B) from 793 megahertz to 798 megahertz;
(C) from 768 megahertz to 769 megahertz; and
(D) from 798 megahertz to 799 megahertz.
[(15)] (14) First responder network authority.--The
term ``First Responder Network Authority'' means the
First Responder Network Authority established under
section 6204.
[(16)] (15) Forward auction.--The term ``forward
auction'' means the portion of an incentive auction of
broadcast television spectrum under section 6403(c).
[(17)] (16) Incentive auction.--The term ``incentive
auction'' means a system of competitive bidding under
subparagraph (G) of section 309(j)(8) of the
Communications Act of 1934, as added by section 6402.
[(18)] (17) Interoperability board.--The term
``Interoperability Board'' means the Technical Advisory
Board for First Responder Interoperability established
under section 6203.
[(19)] (18) Multichannel video programming
distributor.--The term ``multichannel video programming
distributor'' has the meaning given such term in
section 602 of the Communications Act of 1934 (47
U.S.C. 522).
[(20)] (19) Narrowband spectrum.--The term
``narrowband spectrum'' means the portion of the
electromagnetic spectrum between the frequencies from
769 megahertz to 775 megahertz and between the
frequencies from 799 megahertz to 805 megahertz.
[(21)] (20) Nationwide public safety broadband
network.--The term ``nationwide public safety broadband
network'' means the nationwide, interoperable public
safety broadband network described in section 6202.
[(22)] (21) Next generation 9-1-1 services.--The term
``Next Generation 9-1-1 services'' means an IP-based
system comprised of hardware, software, data, and
operational policies and procedures that--
(A) provides standardized interfaces from
emergency call and message services to support
emergency communications;
(B) processes all types of emergency calls,
including voice, text, data, and multimedia
information;
(C) acquires and integrates additional
emergency call data useful to call routing and
handling;
(D) delivers the emergency calls, messages,
and data to the appropriate public safety
answering point and other appropriate emergency
entities;
(E) supports data or video communications
needs for coordinated incident response and
management; and
(F) provides broadband service to public
safety answering points or other first
responder entities.
[(23)] (22) NIST.--The term ``NIST'' means the
National Institute of Standards and Technology.
[(24)] (23) NTIA.--The term ``NTIA'' means the
National Telecommunications and Information
Administration.
[(25)] (24) Public safety answering point.--The term
``public safety answering point'' has the meaning given
such term in section 222 of the Communications Act of
1934 (47 U.S.C. 222).
[(26)] (25) Public safety entity.--The term ``public
safety entity'' means an entity that provides public
safety services.
[(27)] (26) Public safety services.--The term
``public safety services''--
(A) has the meaning given the term in section
337(f) of the Communications Act of 1934 (47
U.S.C. 337(f)); and
(B) includes services provided by emergency
response providers, as that term is defined in
section 2 of the Homeland Security Act of 2002
(6 U.S.C. 101).
[(28)] (27) Public safety trust fund.--The term
``Public Safety Trust Fund'' means the trust fund
established under section 6413(a)(1).
[(29)] (28) Radio access network.--The term ``radio
access network'' means the radio access network
described in section 6202(b)(2).
[(30)] (29) Reverse auction.--The term ``reverse
auction'' means the portion of an incentive auction of
broadcast television spectrum under section 6403(a), in
which a broadcast television licensee may submit bids
stating the amount it would accept for voluntarily
relinquishing some or all of its broadcast television
spectrum usage rights.
[(31)] (30) State.--The term ``State'' has the
meaning given such term in section 3 of the
Communications Act of 1934 (47 U.S.C. 153).
[(32)] (31) Ultra high frequency.--The term ``ultra
high frequency'' means, with respect to a television
channel, that the channel is located in the portion of
the electromagnetic spectrum between the frequencies
from 470 megahertz to 698 megahertz.
(32) Under secretary.--The term ``Under Secretary''
means the Under Secretary of Commerce for
Communications and Information.
(33) Very high frequency.--The term ``very high
frequency'' means, with respect to a television
channel, that the channel is located in the portion of
the electromagnetic spectrum between the frequencies
from 54 megahertz to 72 megahertz, from 76 megahertz to
88 megahertz, or from 174 megahertz to 216 megahertz.
* * * * * * *
SEC. 6003. ENFORCEMENT.
(a) In General.--The Commission shall implement and enforce
this title as if this title is a part of the Communications Act
of 1934 (47 U.S.C. 151 et seq.). A violation of this title, or
a regulation promulgated under this title, shall be considered
to be a violation of the Communications Act of 1934, or a
regulation promulgated under such Act, respectively.
(b) Exceptions.--
(1) Other agencies.--Subsection (a) does not apply in
the case of a provision of this title that is expressly
required to be carried out by an agency (as defined in
section 551 of title 5, United States Code) other than
the Commission.
(2) NTIA regulations.--The [Assistant Secretary]
Under Secretary may promulgate such regulations as are
necessary to implement and enforce any provision of
this title that is expressly required to be carried out
by the [Assistant Secretary] Under Secretary.
* * * * * * *
Subtitle B--Governance of Public Safety Spectrum
* * * * * * *
SEC. 6203. PUBLIC SAFETY INTEROPERABILITY BOARD.
(a) Establishment.--There is established within the
Commission an advisory board to be known as the ``Technical
Advisory Board for First Responder Interoperability''.
(b) Membership.--
(1) In general.--
(A) Voting members.--Not later than 30 days
after the date of enactment of this title, the
Chairman of the Commission shall appoint 14
voting members to the Interoperability Board,
of which--
(i) 4 members shall be
representatives of wireless providers,
of which--
(I) 2 members shall be
representatives of national
wireless providers;
(II) 1 member shall be a
representative of regional
wireless providers; and
(III) 1 member shall be a
representative of rural
wireless providers;
(ii) 3 members shall be
representatives of equipment
manufacturers;
(iii) 4 members shall be
representatives of public safety
entities, of which--
(I) not less than 1 member
shall be a representative of
management level employees of
public safety entities; and
(II) not less than 1 member
shall be a representative of
employees of public safety
entities;
(iv) 3 members shall be
representatives of State and local
governments, chosen to reflect
geographic and population density
differences across the United States;
and
(v) all members shall have specific
expertise necessary to developing
technical requirements under this
section, such as technical expertise,
public safety communications expertise,
and commercial network experience.
(B) Non-voting member.--The [Assistant
Secretary] Under Secretary shall appoint 1 non-
voting member to the Interoperability Board.
(2) Period of appointment.--
(A) In general.--Except as provided in
subparagraph (B), members of the
Interoperability Board shall be appointed for
the life of the Interoperability Board.
(B) Removal for cause.--A member of the
Interoperability Board may be removed for cause
upon the determination of the Chairman of the
Commission.
(3) Vacancies.--Any vacancy in the Interoperability
Board shall not affect the powers of the
Interoperability Board, and shall be filled in the same
manner as the original appointment.
(4) Chairperson and vice chairperson.--The
Interoperability Board shall select a Chairperson and
Vice Chairperson from among the members of the
Interoperability Board.
(5) Quorum.--A majority of the members of the
Interoperability Board shall constitute a quorum.
(c) Duties of the Interoperability Board.--
(1) Development of technical requirements.--Not later
than 90 days after the date of enactment of this Act,
the Interoperability Board, in consultation with the
NTIA, NIST, and the Office of Emergency Communications
of the Department of Homeland Security, shall--
(A) develop recommended minimum technical
requirements to ensure a nationwide level of
interoperability for the nationwide public
safety broadband network; and
(B) submit to the Commission for review in
accordance with paragraph (3) recommended
minimum technical requirements described in
subparagraph (A).
(2) Consideration.--In developing recommended minimum
technical requirements under paragraph (1), the
Interoperability Board shall base the recommended
minimum technical requirements on the commercial
standards for Long Term Evolution (LTE) service.
(3) Approval of recommendations.--
(A) In general.--Not later than 30 days after
the date on which the Interoperability Board
submits recommended minimum technical
requirements under paragraph (1)(B), the
Commission shall approve the recommendations,
with any revisions it deems necessary, and
transmit such recommendations to the First
Responder Network Authority.
(B) Review.--Any actions taken under
subparagraph (A) shall not be reviewable as a
final agency action.
(d) Travel Expenses.--The members of the Interoperability
Board shall be allowed travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the
Interoperability Board.
(e) Exemption From Chapter 10 of Title 5, United States
Code.--Chapter 10 of title 5, United States Code, shall not
apply to the Interoperability Board.
(f) Termination of Authority.--The Interoperability Board
shall terminate 15 days after the date on which the Commission
transmits the recommendations to the First Responder Network
Authority under subsection (c)(3)(A).
* * * * * * *
Subtitle C--Public Safety Commitments
SEC. 6301. STATE AND LOCAL IMPLEMENTATION FUND.
(a) Establishment.--There is established in the Treasury of
the United States a fund to be known as the State and Local
Implementation Fund.
(b) Amounts Available for State and Local Implementation
Grant Program.--Any amounts borrowed under subsection (c)(1)
and any amounts in the State and Local Implementation Fund that
are not necessary to reimburse the general fund of the Treasury
for such borrowed amounts shall be available to the [Assistant
Secretary] Under Secretary to implement section 6302.
(c) Borrowing Authority.--
(1) In general.--Prior to the end of fiscal year
2022, the [Assistant Secretary] Under Secretary may
borrow from the general fund of the Treasury such sums
as may be necessary, but not to exceed $135,000,000, to
implement section 6302.
(2) Reimbursement.--The [Assistant Secretary] Under
Secretary shall reimburse the general fund of the
Treasury, without interest, for any amounts borrowed
under paragraph (1) as funds are deposited into the
State and Local Implementation Fund.
(d) Transfer of Unused Funds.--If there is a balance
remaining in the State and Local Implementation Fund on
September 30, 2022, the Secretary of the Treasury shall
transfer such balance to the general fund of the Treasury,
where such balance shall be dedicated for the sole purpose of
deficit reduction.
SEC. 6302. STATE AND LOCAL IMPLEMENTATION.
(a) Establishment of State and Local Implementation Grant
Program.--The [Assistant Secretary] Under Secretary, in
consultation with the First Responder Network Authority, shall
take such action as is necessary to establish a grant program
to make grants to States to assist State, regional, tribal, and
local jurisdictions to identify, plan, and implement the most
efficient and effective way for such jurisdictions to utilize
and integrate the infrastructure, equipment, and other
architecture associated with the nationwide public safety
broadband network to satisfy the wireless communications and
data services needs of that jurisdiction, including with
regards to coverage, siting, and other needs.
(b) Matching Requirements; Federal Share.--
(1) In general.--The Federal share of the cost of any
activity carried out using a grant under this section
may not exceed 80 percent of the eligible costs of
carrying out that activity, as determined by the
[Assistant Secretary] Under Secretary, in consultation
with the First Responder Network Authority.
(2) Waiver.--The [Assistant Secretary] Under
Secretary may waive, in whole or in part, the
requirements of paragraph (1) for good cause shown if
the [Assistant Secretary] Under Secretary determines
that such a waiver is in the public interest.
(c) Programmatic Requirements.--Not later than 6 months after
the date of enactment of this Act, the [Assistant Secretary]
Under Secretary, in consultation with the First Responder
Network Authority, shall establish requirements relating to the
grant program to be carried out under this section, including
the following:
(1) Defining eligible costs for purposes of
subsection (b)(1).
(2) Determining the scope of eligible activities for
grant funding under this section.
(3) Prioritizing grants for activities that ensure
coverage in rural as well as urban areas.
(d) Certification and Designation of Officer or Governmental
Body.--In carrying out the grant program established under this
section, the [Assistant Secretary] Under Secretary shall
require each State to certify in its application for grant
funds that the State has designated a single officer or
governmental body to serve as the coordinator of implementation
of the grant funds.
(e) State Network.--
(1) Notice.--Upon the completion of the request for
proposal process conducted by the First Responder
Network Authority for the construction, operation,
maintenance, and improvement of the nationwide public
safety broadband network, the First Responder Network
Authority shall provide to the Governor of each State,
or his designee--
(A) notice of the completion of the request
for proposal process;
(B) details of the proposed plan for buildout
of the nationwide, interoperable broadband
network in such State; and
(C) the funding level for the State as
determined by the NTIA.
(2) State decision.--Not later than 90 days after the
date on which the Governor of a State receives notice
under paragraph (1), the Governor shall choose whether
to--
(A) participate in the deployment of the
nationwide, interoperable broadband network as
proposed by the First Responder Network
Authority; or
(B) conduct its own deployment of a radio
access network in such State.
(3) Process.--
(A) In general.--Upon making a decision to
opt-out under paragraph (2)(B), the Governor
shall notify the First Responder Network
Authority, the NTIA, and the Commission of such
decision.
(B) State request for proposals.--Not later
than 180 days after the date on which a
Governor provides notice under subparagraph
(A), the Governor shall develop and complete
requests for proposals for the construction,
maintenance, and operation of the radio access
network within the State.
(C) Submission and approval of alternative
plan.--
(i) In general.--The State shall
submit an alternative plan for the
construction, maintenance, operation,
and improvements of the radio access
network within the State to the
Commission, and such plan shall
demonstrate--
(I) that the State will be in
compliance with the minimum
technical interoperability
requirements developed under
section 6203; and
(II) interoperability with
the nationwide public safety
broadband network.
(ii) Commission approval or
disapproval.--Upon submission of a
State plan under clause (i), the
Commission shall either approve or
disapprove the plan.
(iii) Approval.--If the Commission
approves a plan under this
subparagraph, the State--
(I) may apply to the NTIA for
a grant to construct the radio
access network within the State
that includes the showing
described in subparagraph (D);
and
(II) shall apply to the NTIA
to lease spectrum capacity from
the First Responder Network
Authority.
(iv) Disapproval.--If the Commission
disapproves a plan under this
subparagraph, the construction,
maintenance, operation, and
improvements of the network within the
State shall proceed in accordance with
the plan proposed by the First
Responder Network Authority.
(D) Funding requirements.--In order to obtain
grant funds and spectrum capacity leasing
rights under subparagraph (C)(iii), a State
shall demonstrate--
(i) that the State has--
(I) the technical
capabilities to operate, and
the funding to support, the
State radio access network;
(II) has the ability to
maintain ongoing
interoperability with the
nationwide public safety
broadband network; and
(III) the ability to complete
the project within specified
comparable timelines specific
to the State;
(ii) the cost-effectiveness of the
State plan submitted under subparagraph
(C)(i); and
(iii) comparable security, coverage,
and quality of service to that of the
nationwide public safety broadband
network.
(f) User Fees.--If a State chooses to build its own radio
access network, the State shall pay any user fees associated
with State use of elements of the core network.
(g) Prohibition.--
(1) In general.--A State that chooses to build its
own radio access network shall not provide commercial
service to consumers or offer wholesale leasing
capacity of the network within the State except
directly through public-private partnerships for
construction, maintenance, operation, and improvement
of the network within the State.
(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit the State and a
secondary user from entering into a covered leasing
agreement. Any revenue gained by the State from such a
leasing agreement shall be used only for constructing,
maintaining, operating, or improving the radio access
network of the State.
(h) Judicial Review.--
(1) In general.--The United States District Court for
the District of Columbia shall have exclusive
jurisdiction to review a decision of the Commission
made under subsection (e)(3)(C)(iv).
(2) Standard of review.--The court shall affirm the
decision of the Commission unless--
(A) the decision was procured by corruption,
fraud, or undue means;
(B) there was actual partiality or corruption
in the Commission; or
(C) the Commission was guilty of misconduct
in refusing to hear evidence pertinent and
material to the decision or of any other
misbehavior by which the rights of any party
have been prejudiced.
* * * * * * *
Subtitle D--Spectrum Auction Authority
* * * * * * *
SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND.
(a) Modification of Commission Regulations to Allow Certain
Unlicensed Use.--
(1) In general.--Subject to paragraph (2), not later
than 1 year after the date of the enactment of this
Act, the Commission shall begin a proceeding to modify
part 15 of title 47, Code of Federal Regulations, to
allow unlicensed U-NII devices to operate in the 5350-
5470 MHz band.
(2) Required determinations.--The Commission may make
the modification described in paragraph (1) only if the
Commission, in consultation with the [Assistant
Secretary] Under Secretary, determines that--
(A) licensed users will be protected by
technical solutions, including use of existing,
modified, or new spectrum-sharing technologies
and solutions, such as dynamic frequency
selection; and
(B) the primary mission of Federal spectrum
users in the 5350-5470 MHz band will not be
compromised by the introduction of unlicensed
devices.
(b) Study by NTIA.--
(1) In general.--The [Assistant Secretary] Under
Secretary, in consultation with the Department of
Defense and other impacted agencies, shall conduct a
study evaluating known and proposed spectrum-sharing
technologies and the risk to Federal users if
unlicensed U-NII devices were allowed to operate in the
5350-5470 MHz band and in the 5850-5925 MHz band.
(2) Submission.--The [Assistant Secretary] Under
Secretary shall submit to the Commission and the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate--
(A) not later than 8 months after the date of
the enactment of this Act, a report on the
portion of the study required by paragraph (1)
with respect to the 5350-5470 MHz band; and
(B) not later than 18 months after the date
of the enactment of this Act, a report on the
portion of the study required by paragraph (1)
with respect to the 5850-5925 MHz band.
(c) Definitions.--In this section:
(1) 5350-5470 MHZ BAND.--The term ``5350-5470 MHz
band'' means the portion of the electromagnetic
spectrum between the frequencies from 5350 megahertz to
5470 megahertz.
(2) 5850-5925 MHZ BAND.--The term ``5850-5925 MHz
band'' means the portion of the electromagnetic
spectrum between the frequencies from 5850 megahertz to
5925 megahertz.
* * * * * * *
SEC. 6408. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFICIENCY.
(a) In General.--The Comptroller General of the United States
shall conduct a study to consider efforts to ensure that each
transmission system is designed and operated so that reasonable
use of adjacent spectrum does not excessively impair the
functioning of such system.
(b) Required Considerations.--In conducting the study
required by subsection (a), the Comptroller General shall
consider--
(1) the value of--
(A) improving receiver performance as it
relates to increasing spectral efficiency;
(B) improving the operation of services that
are located in adjacent spectrum; and
(C) narrowing the guard bands between
adjacent spectrum use;
(2) the role of manufacturers, commercial licensees,
and government users with respect to their transmission
systems and the use of adjacent spectrum;
(3) the feasibility of industry self-compliance with
respect to the design and operational requirements of
transmission systems and the reasonable use of adjacent
spectrum; and
(4) the value of action by the Commission and the
[Assistant Secretary] Under Secretary to establish, by
rule, technical requirements or standards for non-
Federal and Federal use, respectively, with respect to
the reasonable use of portions of the radio spectrum
that are adjacent to each other.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit a
report on the results of the study required by subsection (a)
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(d) Transmission System Defined.--In this section, the term
``transmission system'' means any telecommunications,
broadcast, satellite, commercial mobile service, or other
communications system that employs radio spectrum.
* * * * * * *
SEC. 6413. PUBLIC SAFETY TRUST FUND.
(a) Establishment of Public Safety Trust Fund.--
(1) In general.--There is established in the Treasury
of the United States a trust fund to be known as the
Public Safety Trust Fund.
(2) Availability.--Amounts deposited in the Public
Safety Trust Fund shall remain available through fiscal
year 2022. Any amounts remaining in the Fund after the
end of such fiscal year shall be deposited in the
general fund of the Treasury, where such amounts shall
be dedicated for the sole purpose of deficit reduction.
(b) Use of Fund.--As amounts are deposited in the Public
Safety Trust Fund, such amounts shall be used to make the
following deposits or payments in the following order of
priority:
(1) Repayment of amount borrowed for first responder
network authority.--An amount not to exceed
$2,000,000,000 shall be available to the NTIA to
reimburse the general fund of the Treasury for any
amounts borrowed under section 6207.
(2) State and local implementation fund.--
$135,000,000 shall be deposited in the State and Local
Implementation Fund established by section 6301.
(3) Buildout by first responder network authority.--
$7,000,000,000, reduced by the amount borrowed under
section 6207, shall be deposited in the Network
Construction Fund established by section 6206.
(4) Public safety research.--$100,000,000 shall be
available to the Director of NIST to carry out section
6303.
(5) Deficit reduction.--$20,400,000,000 shall be
deposited in the general fund of the Treasury, where
such amount shall be dedicated for the sole purpose of
deficit reduction.
(6) 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-1
IMPLEMENTATION GRANTS.--$115,000,000 shall be available
to the [Assistant Secretary] Under Secretary and the
Administrator of the National Highway Traffic Safety
Administration to carry out the grant program under
section 158 of the National Telecommunications and
Information Administration Organization Act, as amended
by section 6503 of this title.
(7) Additional public safety research.--$200,000,000
shall be available to the Director of NIST to carry out
section 6303.
(8) Additional deficit reduction.--Any remaining
amounts deposited in the Public Safety Trust Fund shall
be deposited in the general fund of the Treasury, where
such amounts shall be dedicated for the sole purpose of
deficit reduction.
(c) Investment.--Amounts in the Public Safety Trust Fund
shall be invested in accordance with section 9702 of title 31,
United States Code, and any interest on, and proceeds from, any
such investment shall be credited to, and become a part of, the
Fund.
* * * * * * *
----------
RAY BAUM'S ACT OF 2018
DIVISION P--RAY BAUM'S ACT OF 2018
* * * * * * *
TITLE V--ADDITIONAL PROVISIONS
* * * * * * *
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOLLOWING CYBERSECURITY
INCIDENTS.
(a) In General.--The [Assistant Secretary] Under Secretary of
Commerce for Communications and Information shall complete a
study on how the National Telecommunications and Information
Administration can best coordinate the interagency process
following cybersecurity incidents.
(b) Report to Congress.--Not later than 18 months after the
date of the enactment of this Act, the [Assistant Secretary]
Under Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
detailing the findings and recommendations of the study
conducted under subsection (a).
* * * * * * *
TITLE VI--MOBILE NOW
* * * * * * *
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION.
(a) In General.--Section 21 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note) is amended--
(1) in subsection (b), by adding at the end the
following:
``(8) The ability of the Federal real property to
support a communications facility installation.''; and
(2) by adding at the end the following:
``(f) Definition of Communications Facility Installation.--In
this section, the term `communications facility installation'
means--
``(1) any infrastructure, including any transmitting
device, tower, or support structure, and any equipment,
switches, wiring, cabling, power sources, shelters, or
cabinets associated with the licensed or permitted
unlicensed wireless or wireline transmission of
writings, signs, signals, data, images, pictures, and
sounds of any kind; and
``(2) any antenna or apparatus that--
``(A) is designed for the purpose of emitting
radio frequency;
``(B) is designed to be operated, or is
operating, from a fixed location pursuant to
authorization by the Federal Communications
Commission or is using duly authorized devices
that do not require individual licenses; and
``(C) is added to a tower, building, or other
structure.''.
(b) Public Comment.--
(1) In general.--Not later than 60 days after the
date of enactment of this Act, the Administrator of
General Services shall issue a notice for public
comment regarding the inclusion of a communications
facility installation under section 21 of the Federal
Assets Sale and Transfer Act of 2016 (40 U.S.C. 1303
note), as amended by subsection (a) of this section.
(2) Contents.--In seeking public comment under
paragraph (1), the Administrator shall include a
request for recommendations on--
(A) the criteria that make Federal real
property capable of supporting communications
facility installations;
(B) the types of information related to the
Federal real property that should be included
in the database; and
(C) other matters that the Administrator
determines necessary.
(c) Provision of Information.--
(1) In general.--Not later than 90 days after the
period for public comment under subsection (b)(1) ends,
the Administrator of General Services shall notify the
head of each Executive agency of the manner and format
for submitting such information as the Administrator
determines appropriate to the database established
under section 21 of the Federal Assets Sale and
Transfer Act of 2016 (40 U.S.C. 1303 note), as amended
by subsection (a) of this section.
(2) Submission.--Not later than 90 days after the
date of the notification under paragraph (1), the head
of an Executive agency shall submit the information
required under paragraph (1).
(d) State and Local Governments.--
(1) In general.--The Administrator of General
Services, in consultation with the Chairman of the
Commission, the [Assistant Secretary] Under Secretary
of Commerce for Communications and Information, the
Under Secretary of Commerce for Standards and
Technology, and the Director of OMB, shall study--
(A) how to incentivize State and local
governments to provide the Administrator with
information, similar to the information
required under subsection (c)(1), for inclusion
in the database described in that subsection;
and
(B) the feasibility of establishing or
operating a database to which State and local
governments can voluntarily submit such
information.
(2) Report on incentivizing participation by state
and local governments.--
(A) In general.--Not later than 1 year after
the date of enactment of this Act, the
Administrator of General Services, in
consultation with the Chairman of the
Commission, the [Assistant Secretary] Under
Secretary of Commerce for Communications and
Information, the Under Secretary of Commerce
for Standards and Technology, and the Director
of OMB, shall submit to the Committee on
Commerce, Science, and Transportation and the
Committee on Homeland Security and Governmental
Affairs of the Senate, and the Committee on
Energy and Commerce, the Committee on
Transportation and Infrastructure, and the
Committee on Oversight and Government Reform of
the House of Representatives a report on the
findings of the study under paragraph (1),
including recommendations, if any, consistent
with this section.
(B) Considerations.--The Administrator of
General Services, in preparing the report under
subparagraph (A), shall--
(i) consult with State and local
governments, or their representatives,
to identify for inclusion in the report
the most cost-effective options for
State and local governments to collect
and provide the information described
in paragraph (1), including utilizing
and leveraging State broadband
initiatives and programs; and
(ii) make recommendations on ways the
Federal Government can assist State and
local governments in collecting and
providing the information described in
paragraph (1).
(e) Savings Provisions.--
(1) Real property authorities.--Nothing in this
section, or an amendment made by this section, shall be
construed as providing any Executive agency with any
new leasing or other real property authority that did
not exist prior to the date of enactment of this Act.
(2) Effect on other laws.--Nothing in this section,
or an amendment made by this section, and no
information submitted pursuant to this section, or
pursuant to an amendment made by this section, shall be
used to prevent or otherwise restrict a decision or
determination by any Executive agency to sell, dispose
of, declare excess or surplus, lease, reuse or
redevelop any Federal real property pursuant to--
(A) title 40 of the United States Code;
(B) the Federal Assets Sale and Transfer Act
of 2016 (40 U.S.C. 1303 note); or
(C) any other law governing real property
activities of the Federal Government.
SEC. 609. REALLOCATION INCENTIVES.
(a) In General.--Not later than 24 months after the date of
enactment of this Act, the [Assistant Secretary] Under
Secretary of Commerce for Communications and Information, in
consultation with the Commission, the Director of OMB, and the
head of each affected Federal agency (or a designee thereof),
after notice and an opportunity for public comment, shall
submit to the appropriate committees of Congress a report that
includes legislative or regulatory recommendations to
incentivize a Federal entity to relinquish, or share with
Federal or non-Federal users, Federal spectrum for the purpose
of allowing commercial wireless broadband services to operate
on that Federal spectrum.
(b) Post-Auction Payments.--
(1) Report.--In preparing the report under subsection
(a), the [Assistant Secretary] Under Secretary of
Commerce for Communications and Information shall--
(A) consider whether permitting eligible
Federal entities that are implementing a
transition plan submitted under section 113(h)
of the National Telecommunications and
Information Administration Organization Act (47
U.S.C. 923(h)) to accept payments could result
in access to the eligible frequencies that are
being reallocated for exclusive non-Federal use
or shared use sooner than would otherwise occur
without such payments; and
(B) include the findings under subparagraph
(A), including the analysis under paragraph (2)
and any recommendations for legislation, in the
report.
(2) Analysis.--In considering payments under
paragraph (1)(A), the [Assistant Secretary] Under
Secretary of Commerce for Communications and
Information shall conduct an analysis of whether and
how such payments would affect--
(A) bidding in auctions conducted under
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)) of such eligible
frequencies; and
(B) receipts collected from the auctions
described in subparagraph (A).
(3) Definitions.--In this subsection:
(A) Payment.--The term ``payment'' means a
payment in cash or in-kind by any auction
winner, or any person affiliated with an
auction winner, of eligible frequencies during
the period after eligible frequencies have been
reallocated by competitive bidding under
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)) but prior to the
completion of relocation or sharing transition
of such eligible frequencies per transition
plans approved by the Technical Panel.
(B) Eligible frequencies.--The term
``eligible frequencies'' has the meaning given
the term in section 113(g)(2) of the National
Telecommunications and Information
Administration Organization Act (47 U.S.C.
923(g)(2)).
* * * * * * *
SEC. 611. UNLICENSED SERVICES IN GUARD BANDS.
(a) In General.--After public notice and comment, and in
consultation with the [Assistant Secretary] Under Secretary of
Commerce for Communications and Information and the head of
each affected Federal agency (or a designee thereof), with
respect to frequencies allocated for Federal use, the
Commission shall adopt rules that permit unlicensed services
where feasible to use any frequencies that are designated as
guard bands to protect frequencies allocated after the date of
enactment of this Act by competitive bidding under section
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)),
including spectrum that acts as a duplex gap between transmit
and receive frequencies.
(b) Limitation.--The Commission may not permit any use of a
guard band under this section that would cause harmful
interference to a licensed service or a Federal service.
(c) Rule of Construction.--Nothing in this section shall be
construed as limiting the Commission or the [Assistant
Secretary] Under Secretary of Commerce for Communications and
Information from otherwise making spectrum available for
licensed or unlicensed use in any frequency band in addition to
guard bands, including under section 603 of this title,
consistent with their statutory jurisdictions.
* * * * * * *
SEC. 619. SPECTRUM CHALLENGE PRIZE.
(a) Short Title.--This section may be cited as the ``Spectrum
Challenge Prize Act''.
(b) Definition of Prize Competition.--In this section, the
term ``prize competition'' means a prize competition conducted
by the Secretary under subsection (c)(1).
(c) Spectrum Challenge Prize.--
(1) In general.--The Secretary, in consultation with
the [Assistant Secretary] Under Secretary of Commerce
for Communications and Information and the Under
Secretary of Commerce for Standards and Technology,
shall, subject to the availability of funds for prize
competitions under this section--
(A) conduct prize competitions to
dramatically accelerate the development and
commercialization of technology that improves
spectrum efficiency and is capable of cost-
effective deployment; and
(B) define a measurable set of performance
goals for participants in the prize
competitions to demonstrate their solutions on
a level playing field while making a
significant advancement over the current state
of the art.
(2) Authority of secretary.--In carrying out
paragraph (1), the Secretary may--
(A) enter into a grant, contract, cooperative
agreement, or other agreement with a private
sector for-profit or nonprofit entity to
administer the prize competitions;
(B) invite the Defense Advanced Research
Projects Agency, the Commission, the National
Aeronautics and Space Administration, the
National Science Foundation, or any other
Federal agency to provide advice and assistance
in the design or administration of the prize
competitions; and
(C) award not more than $5,000,000, in the
aggregate, to the winner or winners of the
prize competitions.
(d) Criteria.--Not later than 180 days after the date on
which funds for prize competitions are made available pursuant
to this section, the Commission shall publish a technical paper
on spectrum efficiency providing criteria that may be used for
the design of the prize competitions.
(e) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section.
* * * * * * *
----------
SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019
* * * * * * *
SEC. 8. NTIA PROGRAM FOR PREVENTING FUTURE VULNERABILITIES.
(a) Future Vulnerability Program.--
(1) Establishment.--Not later than 120 days after the
date of the enactment of this Act, including an
opportunity for notice and comment, the [Assistant
Secretary] Under Secretary, in cooperation with the
Director of National Intelligence, the Director of the
Federal Bureau of Investigation, the Secretary of
Homeland Security, and the Commission, shall establish
a program to share information regarding supply chain
security risks with trusted providers of advanced
communications service and trusted suppliers of
communications equipment or services.
(2) Activities.--In carrying out the program
established under paragraph (1), the [Assistant
Secretary] Under Secretary shall--
(A) conduct regular briefings and other
events to share information with trusted
providers of advanced communications service
and trusted suppliers of communications
equipment or services;
(B) engage with trusted providers of advanced
communications service and trusted suppliers of
communications equipment or services, in
particular such providers and suppliers that--
(i) are small businesses; or
(ii) primarily serve rural areas;
(C) not later than 180 days after the date of
the enactment of this Act, submit to the
Committee on Energy and Commerce of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a plan for--
(i) declassifying material, when
feasible, to help share information
regarding supply chain security risks
with trusted providers of advanced
communications service and trusted
suppliers of communications equipment
or services; and
(ii) expediting and expanding the
provision of security clearances to
facilitate information sharing
regarding supply chain security risks
with trusted providers of advanced
communications service and trusted
suppliers of communications equipment
or services; and
(D) ensure that the activities carried out
through the program are consistent with and, to
the extent practicable, integrated with,
ongoing activities of the Department of
Homeland Security and the Department of
Commerce.
(3) Scope of program.--The program established under
paragraph (1) shall involve only the sharing of
information regarding supply chain security risks by
the Federal Government to trusted providers of advanced
communications service and trusted suppliers of
communications equipment or services, and not the
sharing of such information by such providers and
suppliers to the Federal Government.
(b) Representation on CSRIC of Interests of Public and
Consumers.--
(1) In general.--The Commission shall appoint to the
Communications Security, Reliability, and
Interoperability Council (or any successor thereof),
and to each subcommittee, workgroup, or other
subdivision of the Council (or any such successor), at
least one member to represent the interests of the
public and consumers.
(2) Initial appointments.--The Commission shall make
the initial appointments required by paragraph (1) not
later than 180 days after the date of the enactment of
this Act. Any member so appointed shall be in addition
to the members of the Council, or the members of the
subdivision of the Council to which the appointment is
being made, as the case may be, as of the date of the
enactment of this Act.
(c) Definitions.--In this section:
(1) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(2) Foreign adversary.--The term ``foreign
adversary'' means any foreign government or foreign
nongovernment person engaged in a long-term pattern or
serious instances of conduct significantly adverse to
the national security of the United States or security
and safety of United States persons.
(3) Supply chain security risk.--The term ``supply
chain security risk'' includes specific risk and
vulnerability information related to equipment and
software.
(4) Trusted.--The term ``trusted'' means, with
respect to a provider of advanced communications
service or a supplier of communications equipment or
service, that the [Assistant Secretary] Under Secretary
has determined that such provider or supplier is not
owned by, controlled by, or subject to the influence of
a foreign adversary.
* * * * * * *
----------
TITLE 51, UNITED STATES CODE
* * * * * * *
SUBTITLE V--PROGRAMS TARGETING COMMERCIAL OPPORTUNITIES
* * * * * * *
CHAPTER 501--SPACE COMMERCE
* * * * * * *
SUBCHAPTER II--PROMOTION OF COMMERCIAL SPACE OPPORTUNITIES
* * * * * * *
Sec. 50112. Promotion of United States Global Positioning System
standards
In order to support and sustain the Global Positioning System
in a manner that will most effectively contribute to the
national security, public safety, scientific, and economic
interests of the United States, Congress encourages the
President to--
(1) ensure the operation of the Global Positioning
System on a continuous worldwide basis free of direct
user fees;
(2) enter into international agreements that promote
cooperation with foreign governments and international
organizations to--
(A) establish the Global Positioning System
and its augmentations as an acceptable
international standard; and
(B) eliminate any foreign barriers to
applications of the Global Positioning System
worldwide; and
(3) provide clear direction and adequate resources to
the [Assistant Secretary] Under Secretary of Commerce
for Communications and Information so that on an
international basis the [Assistant Secretary] Under
Secretary can--
(A) achieve and sustain efficient management
of the electromagnetic spectrum used by the
Global Positioning System; and
(B) protect that spectrum from disruption and
interference.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2021
* * * * * * *
DIVISION N--ADDITIONAL CORONAVIRUS RESPONSE AND RELIEF
* * * * * * *
TITLE IX--BROADBAND INTERNET ACCESS SERVICE
* * * * * * *
SEC. 902. CONNECTING MINORITY COMMUNITIES.
(a) Definitions.--In this section:
(1) Anchor community.--
(A) In general.--The term ``anchor
community'' means any area that--
(i) except as provided in
subparagraph (B), is not more than 15
miles from a historically Black college
or university, a Tribal College or
University, or a Minority-serving
institution; and
(ii) has an estimated median annual
household income of not more than 250
percent of the poverty line, as that
term is defined in section 673(2) of
the Community Services Block Grant Act
(42 U.S.C. 9902(2)).
(B) Certain tribal colleges or
universities.--With respect to a Tribal College
or University that is located on land held in
trust by the United States, the [Assistant
Secretary] Under Secretary, in consultation
with the Secretary of the Interior, may
establish a different maximum distance for the
purposes of subparagraph (A)(i) if the
[Assistant Secretary] Under Secretary is able
to ensure that, in establishing that different
maximum distance, each anchor community that is
established as a result of that action is
statistically comparable to other anchor
communities described in subparagraph (A).
(2) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(3) Broadband internet access service.--The term
``broadband internet access service'' has the meaning
given the term in section 8.1(b) of title 47, Code of
Federal Regulations, or any successor regulation.
(4) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(5) Connected device.--The term ``connected device''
means a laptop computer, tablet computer, or similar
device that is capable of connecting to broadband
internet access service.
(6) Director.--The term ``Director'' means the
Director of the Office.
(7) Eligible equipment.--The term ``eligible
equipment'' means--
(A) a Wi-Fi hotspot;
(B) a modem;
(C) a router;
(D) a device that combines a modem and
router;
(E) a connected device; or
(F) any other equipment used to provide
access to broadband internet access service.
(8) Eligible recipient.--The term ``eligible
recipient'' means--
(A) a historically Black college or
university;
(B) a Tribal College or University;
(C) a Minority-serving institution; or
(D) a consortium that is led by a
historically Black college or university, a
Tribal College or University, or a Minority-
serving institution and that also includes--
(i) a minority business enterprise;
or
(ii) an organization described in
section 501(c)(3) of the Internal
Revenue Code of 1986 and exempt from
tax under section 501(a) of such Code.
(9) 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).
(10) Minority-serving institution.--The term
``Minority-serving institution'' means any of the
following:
(A) An Alaska Native-serving institution, as
that term is defined in section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)).
(B) A Native Hawaiian-serving institution, as
that term is defined in section 317(b) of the
Higher Education Act of 1965 (20 U.S.C.
1059d(b)).
(C) A Hispanic-serving institution, as that
term is defined in section 502(a) of the Higher
Education Act of 1965 (20 U.S.C. 1101a(a)).
(D) A Predominantly Black institution, as
that term is defined in section 371(c) of the
Higher Education Act of 1965 (20 U.S.C.
1067q(c)).
(E) An Asian American and Native American
Pacific Islander-serving institution, as that
term is defined in section 320(b) of the Higher
Education Act of 1965 (20 U.S.C. 1059g(b)).
(F) A Native American-serving, nontribal
institution, as that term is defined in section
319(b) of the Higher Education Act of 1965 (20
U.S.C. 1059f(b)).
(11) Minority business enterprise.--The term
``minority business enterprise'' has the meaning given
the term in section 1400.2 of title 15, Code of Federal
Regulations, or any successor regulation.
(12) Office.--The term ``Office'' means the Office of
Minority Broadband Initiatives established pursuant to
subsection (b)(1).
(13) Pilot program.--The term ``Pilot Program'' means
the Connecting Minority Communities Pilot Program
established under the rules promulgated by the
[Assistant Secretary] Under Secretary under subsection
(c)(1).
(14) 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)).
(15) Wi-fi.--The term ``Wi-Fi'' means a wireless
networking protocol based on Institute of Electrical
and Electronics Engineers standard 802.11, or any
successor standard.
(16) Wi-fi hotspot.--The term ``Wi-Fi hotspot'' means
a device that is capable of--
(A) receiving broadband internet access
service; and
(B) sharing broadband internet access service
with another device through the use of Wi-Fi.
(b) Office of Minority Broadband Initiatives.--
(1) Establishment.--Not later than 180 days after the
date of enactment of this Act, the [Assistant
Secretary] Under Secretary shall establish within the
National Telecommunications and Information
Administration the Office of Minority Broadband
Initiatives.
(2) Director.--The Office shall be headed by the
Director of the Office of Minority Broadband
Initiatives, who shall be appointed by the [Assistant
Secretary] Under Secretary.
(3) Duties.--The Office, acting through the Director,
shall--
(A) collaborate with Federal agencies that
carry out broadband internet access service
support programs to determine how to expand
access to broadband internet access service and
other digital opportunities in anchor
communities;
(B) collaborate with State, local, and Tribal
governments, historically Black colleges or
universities, Tribal Colleges or Universities,
Minority-serving institutions, and stakeholders
in the communications, education, business, and
technology fields to--
(i) promote--
(I) initiatives relating to
broadband internet access
service connectivity for anchor
communities; and
(II) digital opportunities
for anchor communities;
(ii) develop recommendations to
promote the rapid, expanded deployment
of broadband internet access service to
unserved historically Black colleges or
universities, Tribal Colleges or
Universities, Minority-serving
institutions, and anchor communities,
including to--
(I) students, faculty, and
staff of historically Black
colleges or universities,
Tribal Colleges or
Universities, and Minority-
serving institutions; and
(II) senior citizens and
veterans who live in anchor
communities;
(iii) promote activities that would
accelerate the adoption of broadband
internet access service (including any
associated equipment or personnel
necessary to access and use that
service, such as modems, routers,
devices that combine a modem and a
router, Wi-Fi hotspots, and connected
devices)--
(I) by students, faculty, and
staff of historically Black
colleges or universities,
Tribal Colleges or
Universities, and Minority-
serving institutions; and
(II) within anchor
communities;
(iv) upon request, provide assistance
to historically Black colleges or
universities, Tribal Colleges or
Universities, Minority-serving
institutions, and leaders from anchor
communities with respect to navigating
Federal programs dealing with broadband
internet access service;
(v) promote digital literacy skills,
including by providing opportunities
for virtual or in-person digital
literacy training and education;
(vi) promote professional development
opportunity partnerships between
industry and historically Black
colleges or universities, Tribal
Colleges or Universities, and Minority-
serving institutions to help ensure
that information technology personnel
and students of historically Black
colleges or universities, Tribal
Colleges or Universities, and Minority-
serving institutions have the skills
needed to work with new and emerging
technologies with respect to broadband
internet access service; and
(vii) explore how to leverage
investment in infrastructure with
respect to broadband internet access
service to--
(I) expand connectivity with
respect to that service in
anchor communities and by
students, faculty, and staff of
historically Black colleges or
universities, Tribal Colleges
or Universities, and Minority-
serving institutions;
(II) encourage investment in
communities that have been
designated as qualified
opportunity zones under section
1400Z-1 of the Internal Revenue
Code of 1986; and
(III) serve as a catalyst for
adoption of that service, so as
to promote job growth and
economic development and
deployment of advanced
technologies; and
(C) assume any functions carried out under
the Minority Broadband Initiative of the
National Telecommunications and Information
Administration, as of the day before the date
of enactment of this Act.
(4) Reports.--
(A) In general.--Not later than 1 year after
the date on which the [Assistant Secretary]
Under Secretary establishes the Office under
paragraph (1), and annually thereafter, the
[Assistant Secretary] Under Secretary 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 that--
(i) for the year covered by the
report, details the work of the Office
in expanding access to fixed and mobile
broadband internet access service--
(I) at historically Black
colleges or universities,
Tribal Colleges or
Universities, and Minority-
serving institutions, including
by expanding that access to
students, faculty, and staff of
historically Black colleges or
universities, Tribal Colleges
or Universities, and Minority-
serving institutions; and
(II) within anchor
communities; and
(ii) identifies barriers to providing
access to broadband internet access
service--
(I) at historically Black
colleges or universities,
Tribal Colleges or
Universities, and Minority-
serving institutions, including
to students, faculty, and staff
of historically Black colleges
or universities, Tribal
Colleges or Universities, and
Minority-serving institutions;
and
(II) within anchor
communities.
(B) Public availability.--Not later than 30
days after the date on which the [Assistant
Secretary] Under Secretary submits a report
under subparagraph (A), the [Assistant
Secretary] Under Secretary shall, to the extent
feasible, make that report publicly available.
(c) Connecting Minority Communities Pilot Program.--
(1) Rules required.--
(A) In general.--Not later than 45 days after
the date of enactment of this Act, the
[Assistant Secretary] Under Secretary shall
promulgate rules establishing the Connecting
Minority Communities Pilot Program, the purpose
of which shall be to provide grants to eligible
recipients in anchor communities for the
purchase of broadband internet access service
or any eligible equipment, or to hire and train
information technology personnel--
(i) in the case of an eligible
recipient described in subparagraph
(A), (B), or (C) of subsection (a)(8),
to facilitate educational instruction
and learning, including through remote
instruction;
(ii) in the case of an eligible
recipient described in subsection
(a)(8)(D)(i), to operate the minority
business enterprise; or
(iii) in the case of an eligible
recipient described in subsection
(a)(8)(D)(ii), to operate the
organization.
(B) Content.--The rules promulgated under
subparagraph (A) shall--
(i) establish a method for
identifying which eligible recipients
in anchor communities have the greatest
unmet financial needs;
(ii) ensure that grants under the
Pilot Program are made--
(I) to eligible recipients
identified under the method
established under clause (i);
and
(II) in a manner that best
achieves the purposes of the
Pilot Program;
(iii) require that an eligible
recipient described in subparagraph
(A), (B), or (C) of subsection (a)(8)
that receives a grant to provide
broadband internet access service or
eligible equipment to students
prioritizes students who--
(I) are eligible to receive a
Federal Pell Grant under
section 401 of the Higher
Education Act of 1965 (20
U.S.C. 1070a);
(II) are recipients of any
other need-based financial aid
from the Federal Government, a
State, or that eligible
recipient;
(III) are qualifying low-
income consumers for the
purposes of the program carried
out under subpart E of part 54
of title 47, Code of Federal
Regulations, or any successor
regulations;
(IV) are low-income
individuals, as that term is
defined in section 312(g) of
the Higher Education Act of
1965 (20 U.S.C. 1058(g)); or
(V) have been approved to
receive unemployment insurance
benefits under any Federal or
State law since March 1, 2020;
(iv) provide that a recipient of a
grant under the Pilot Program--
(I) shall use eligible
equipment for a purpose that
the recipient considers to be
appropriate, subject to any
restriction provided in those
rules (or any successor rules);
(II) if the recipient lends,
or otherwise provides, eligible
equipment to students or
patrons, shall prioritize
lending or providing to such
individuals that the recipient
believes do not have access to
that equipment, subject to any
restriction provided in those
rules (or any successor rules);
and
(III) may not sell or
otherwise transfer eligible
equipment in exchange for any
thing (including a service) of
value;
(v) include audit requirements that--
(I) ensure that a recipient
of a grant made under the Pilot
Program uses grant funds in
compliance with the
requirements of this section
and the overall purpose of the
Pilot Program; and
(II) prevent waste, fraud,
and abuse in the operation of
the Pilot Program;
(vi) provide that not less than 40
percent of the amount of the grants
made under the Pilot Program are made
to Historically Black colleges or
universities; and
(vii) provide that not less than 20
percent of the amount of the grants
made under the Pilot Program are made
to eligible recipients described in
subparagraphs (A), (B), and (C) of
subsection (a)(8) to provide broadband
internet access service or eligible
equipment to students of those eligible
recipients.
(2) Fund.--
(A) Establishment.--There is established in
the Treasury of the United States a fund to be
known as the Connecting Minority Communities
Fund.
(B) Use of fund.--Amounts in the Connecting
Minority Communities Fund established under
subparagraph (A) shall be available to the
[Assistant Secretary] Under Secretary to
provide support under the rules promulgated
under paragraph (1).
(3) Interagency coordination.--When making grants
under the Pilot Program, the [Assistant Secretary]
Under Secretary shall coordinate with other Federal
agencies, including the Commission, the National
Science Foundation, and the Department of Education, to
ensure the efficient expenditure of Federal funds,
including by preventing multiple expenditures of
Federal funds for the same purpose.
(4) Audits.--
(A) In general.--For each of [fiscal years
2021 and 2022] fiscal years 2021, 2022, 2023,
and 2024, the Inspector General of the
Department of Commerce shall conduct an audit
of the Pilot Program according to the
requirements established under paragraph
(1)(B)(v).
(B) Report.--After completing each audit
conducted under subparagraph (A), the Inspector
General of the Department of Commerce 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 that details the
findings of the audit.
(5) Direct appropriation.--There is appropriated, out
of amounts in the Treasury not otherwise appropriated,
for the fiscal year ending September 30, 2021, to
remain available until expended, $285,000,000 to the
Connecting Minority Communities Fund established under
paragraph (2).
(6) Termination.--Except with respect to the report
required under paragraph (7) and the authority of the
Secretary of Commerce and the Inspector General of the
Department of Commerce described in paragraph (8), the
Pilot Program, including all reporting requirements
under this section, shall terminate on the date on
which the amounts made available to carry out the Pilot
Program are fully expended.
(7) Report.--Not later than 90 days after the date on
which the Pilot Program terminates under paragraph (6),
the [Assistant Secretary] Under Secretary, after
consulting with eligible recipients that received
grants under the Pilot Program, 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 that--
(A) describes the manner in which the Pilot
Program was carried out;
(B) identifies each eligible recipient that
received a grant under the Pilot Program; and
(C) contains information regarding the
effectiveness of the Pilot Program, including
lessons learned in carrying out the Pilot
Program and recommendations for future action.
(8) Savings provision.--The termination of the Pilot
Program under paragraph (6) shall not limit, alter, or
affect the ability of the Secretary of Commerce or the
Inspector General of the Department of Commerce to--
(A) investigate waste, fraud, and abuse with
respect to the Pilot Program; or
(B) recover funds that are misused under the
Pilot Program.
* * * * * * *
SEC. 905. GRANTS FOR BROADBAND CONNECTIVITY.
(a) Definitions.--In this section:
(1) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(2) Broadband or broadband service.--The term
``broadband'' or ``broadband service'' has the meaning
given the term ``broadband internet access service'' in
section 8.1(b) of title 47, Code of Federal
Regulations, or any successor regulation.
(3) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(4) Covered broadband project.--The term ``covered
broadband project'' means a competitively and
technologically neutral project for the deployment of
fixed broadband service that provides qualifying
broadband service in an eligible service area.
(5) Covered partnership.--The term ``covered
partnership'' means a partnership between--
(A) a State, or 1 or more political
subdivisions of a State; and
(B) a provider of fixed broadband service.
(6) Department.--The term ``Department'' means the
Department of Commerce.
(7) Eligible service area.--The term ``eligible
service area'' means a census block in which broadband
service is not available at 1 or more households or
businesses in the census block, as determined by the
[Assistant Secretary] Under Secretary on the basis of--
(A) the maps created under section 802(c)(1)
of the Communications Act of 1934 (47 U.S.C.
642(c)(1)); or
(B) if the maps described in subparagraph (A)
are not available, the most recent information
available to the [Assistant Secretary] Under
Secretary, including information provided by
the Commission.
(8) Eligible entity.--The term ``eligible entity''
means--
(A) a Tribal Government;
(B) a Tribal College or University;
(C) the Department of Hawaiian Home Lands on
behalf of the Native Hawaiian Community,
including Native Hawaiian Education Programs;
(D) a Tribal organization; or
(E) a Native Corporation.
(9) Native corporation.--The term ``Native
Corporation'' has the meaning given the term in section
3 of the Alaska Native Claims Settlement Act (43 U.S.C.
1602).
(10) Native hawaiian.--The term ``Native Hawaiian''
has the meaning given the term in section 801 of the
Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4221).
(11) Qualifying broadband service.--The term
``qualifying broadband service'' means broadband
service with--
(A) a download speed of not less than 25
megabits per second;
(B) an upload speed of not less than 3
megabits per second; and
(C) a latency sufficient to support real-
time, interactive applications.
(12) Tribal government.--The term ``Tribal
Government'' means the governing body of any Indian or
Alaska Native Tribe, band, nation, pueblo, village,
community, component band, or component reservation,
individually recognized (including parenthetically) in
the list published most recently as of the date of
enactment of this Act pursuant to section 104 of the
Federally Recognized Indian Tribe List Act of 1994 (25
U.S.C. 5131).
(13) Tribal land.--The term ``Tribal land'' means--
(A) any land located within the boundaries
of--
(i) an Indian reservation, pueblo, or
rancheria; or
(ii) a former reservation within
Oklahoma;
(B) any land not located within the
boundaries of an Indian reservation, pueblo, or
rancheria, the title to which is held--
(i) in trust by the United States for
the benefit of an Indian Tribe or an
individual Indian;
(ii) by an Indian Tribe or an
individual Indian, subject to
restriction against alienation under
laws of the United States; or
(iii) by a dependent Indian
community;
(C) any land located within a region
established pursuant to section 7(a) of the
Alaska Native Claims Settlement Act (43 U.S.C.
1606(a));
(D) Hawaiian Home Lands, as defined in
section 801 of the Native American Housing
Assistance and Self-Determination Act of 1996
(25 U.S.C. 4221); or
(E) those areas or communities designated by
the [Assistant Secretary] Under Secretary of
Indian Affairs of the Department of the
Interior that are near, adjacent, or contiguous
to reservations where financial assistance and
social service programs are provided to Indians
because of their status as Indians.
(14) Unserved.--The term ``unserved'', with respect
to a household, means--
(A) the household lacks access to qualifying
broadband service; and
(B) no broadband provider has been selected
to receive, or is otherwise receiving, Federal
or State funding subject to enforceable build
out commitments to deploy qualifying broadband
service in the specific area where the
household is located by dates certain, even if
such service is not yet available, provided
that the Federal or State agency providing the
funding has not deemed the service provider to
be in default of its buildout obligations under
the applicable Federal or State program.
(b) Direct Appropriation.--There is appropriated to the
[Assistant Secretary] Under Secretary, out of amounts in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2021, to remain available until expended--
(1) $1,000,000,000 for grants under subsection (c);
and
(2) $300,000,000 for grants under subsection (d).
(c) Tribal Broadband Connectivity Program.--
(1) Tribal broadband connectivity grants.--The
[Assistant Secretary] Under Secretary shall use the
funds made available under subsection (b)(1) to
implement a program to make grants to eligible entities
to expand access to and adoption of--
(A) broadband service on Tribal land; or
(B) remote learning, telework, or telehealth
resources.
(2) Grants.--From the amounts appropriated under
subsection (b)(1), the [Assistant Secretary] Under
Secretary shall award a grant to each eligible entity
that submits an application that the [Assistant
Secretary] Under Secretary approves after consultation
with the Commission to prevent duplication of funding.
(3) Allocations.--
(A) Equitable distribution.--The amounts
appropriated under subsection (b)(1) shall be
made available to eligible entities on an
equitable basis, and not less than 3 percent of
those amounts shall be made available for the
benefit of Native Hawaiians.
(B) Administrative expenses of [assistant
secretary] under secretary.--The [Assistant
Secretary] Under Secretary may use not more
than 2 percent of amounts appropriated under
subsection (b)(1) for administrative purposes,
including the provision of technical assistance
to Tribal Governments to help those Governments
take advantage of the program established under
this subsection.
(4) Use of grant funds.--
(A) Commitment deadline.--
(i) In general.--Not later than 18
months after receiving an allocation of
funds pursuant to a specific grant
award under this subsection, an
eligible entity shall commit the funds
in accordance with the approved
application of the entity.
(ii) Reversion of funds.--Any grant
funds not committed by an eligible
entity by the deadline under clause (i)
shall be made available to other
eligible entities for the purposes
provided in this subsection.
(B) Expenditure deadline.--
(i) In general.--Not later than 4
years after receiving an allocation of
funds pursuant to a specific grant
award under this subsection, an
eligible entity shall expend the grant
funds.
(ii) Extensions for infrastructure
projects.--The [Assistant Secretary]
Under Secretary may extend the period
under clause (i) for an eligible entity
that proposes to use the grant funds
for construction of broadband
infrastructure if the eligible entity
certifies that--
(I) the eligible entity has a
plan for use of the grant
funds;
(II) the construction project
is underway; or
(III) extenuating
circumstances require an
extension of time to allow the
project to be completed.
(iii) Extensions for other
projects.--The [Assistant Secretary]
Under Secretary may, for good cause
shown, extend the period under clause
(i) for an eligible entity that
proposes to use the grant funds for an
eligible use other than construction of
broadband infrastructure, based on a
detailed showing by the eligible entity
of the need for an extension.
(iv) Reversion of funds.--Any grant
funds not expended by an eligible
entity by the deadline under clause (i)
shall be made available to other
eligible entities for the purposes
provided in this subsection.
(C) Multiple grant awards.--If the [Assistant
Secretary] Under Secretary awards multiple
grants to an eligible entity under this
subsection, the deadlines under subparagraphs
(A) and (B) shall apply individually to each
grant award.
(5) Eligible uses.--An eligible entity may use grant
funds made available under this subsection for--
(A) broadband infrastructure deployment,
including support for the establishment of
carrier-neutral submarine cable landing
stations;
(B) affordable broadband programs,
including--
(i) providing free or reduced-cost
broadband service; and
(ii) preventing disconnection of
existing broadband service;
(C) distance learning;
(D) telehealth;
(E) digital inclusion efforts; and
(F) broadband adoption activities.
(6) Administrative expenses of eligible entities.--
(A) In general.--Except as provided in
subparagraph (B), an eligible entity may use
not more than 2 percent of grant funds received
under this subsection for administrative
purposes.
(B) Broadband infrastructure projects.--An
eligible entity that proposes to use grant
funds for the construction of broadband
infrastructure may use an amount of the grant
funds equal to not more than 2.5 percent of the
total project cost for planning, feasibility,
and sustainability studies related to the
project.
(7) Subgrantees.--
(A) In general.--An eligible entity may enter
into a contract with a subgrantee, including a
non-Tribal entity, as part of its use of grant
funds pursuant to this subsection.
(B) Requirements.--An eligible entity that
enters into a contract with a subgrantee for
use of grant funds received under this
subsection shall--
(i) before entering into the
contract, after a reasonable
investigation, make a determination
that the subgrantee--
(I) is capable of carrying
out the project for which grant
funds will be provided in a
competent manner in compliance
with all applicable laws;
(II) has the financial
capacity to meet the
obligations of the project and
the requirements of this
subsection; and
(III) has the technical and
operational capability to carry
out the project; and
(ii) stipulate in the contract
reasonable provisions for recovery of
funds for nonperformance.
(8) Broadband infrastructure deployment.--In using
grant funds received under this subsection for new
construction of broadband infrastructure, an eligible
entity shall prioritize projects that deploy broadband
infrastructure to unserved households.
(d) Broadband Infrastructure Program.--
(1) Broadband infrastructure deployment grants.--The
[Assistant Secretary] Under Secretary shall use the
funds made available under subsection (b)(2) to
implement a program under which the [Assistant
Secretary] Under Secretary makes grants on a
competitive basis to covered partnerships for covered
broadband projects.
(2) Mapping.--
(A) Data from commission.--Not less
frequently than annually, the Commission shall,
through the process established under section
802(b)(7)) of the Communications Act of 1934
(47 U.S.C. 642(b)(7)), provide the [Assistant
Secretary] Under Secretary any data collected
by the Commission pursuant to title VIII of
that Act (47 U.S.C. 641 et seq.).
(B) Use by [assistant secretary] under
secretary.--The [Assistant Secretary] Under
Secretary shall rely on the data provided under
subparagraph (A) in carrying out this
subsection to the greatest extent practicable.
(3) Eligibility requirements.--To be eligible for a
grant under this subsection, a covered partnership
shall submit an application at such time, in such
manner, and containing such information as the
[Assistant Secretary] Under Secretary may require,
which application shall, at a minimum, include a
description of--
(A) the covered partnership;
(B) the covered broadband project to be
funded by the grant, including--
(i) the speed or speeds at which the
covered partnership plans to offer
broadband service; and
(ii) the cost of the project;
(C) the area to be served by the covered
broadband project (in this paragraph referred
to as the ``proposed service area'');
(D) any support provided to the provider of
broadband service that is part of the covered
partnership through--
(i) any grant, loan, or loan
guarantee provided by a State to the
provider of broadband service for the
deployment of broadband service in the
proposed service area;
(ii) any grant, loan, or loan
guarantee with respect to the proposed
service area provided by the Secretary
of Agriculture--
(I) under title VI of the
Rural Electrification Act of
1936 (7 U.S.C. 950bb et seq.),
including--
(aa) any program to
provide grants, loans,
or loan guarantees
under sections 601
through 603 of that Act
(7 U.S.C. 950bb et
seq.); and
(bb) the Community
Connect Grant Program
established under
section 604 of that Act
(7 U.S.C. 950bb-3); or
(II) the broadband loan and
grant pilot program known as
the ``Rural eConnectivity Pilot
Program'' or the ``ReConnect
Program'' authorized under
section 779 of division A of
the Consolidated Appropriations
Act, 2018 (Public Law 115-141;
132 Stat. 348);
(iii) any high-cost universal service
support provided under section 254 of
the Communications Act of 1934 (47
U.S.C. 254);
(iv) any grant provided under section
6001 of the American Recovery and
Reinvestment Act of 2009 (47 U.S.C.
1305);
(v) amounts made available for the
Education Stabilization Fund under the
heading ``DEPARTMENT OF EDUCATION'' in
title VIII of division B of the CARES
Act (Public Law 116-136; 134 Stat.
564); or
(vi) any other grant, loan, or loan
guarantee provided by the Federal
Government for the provision of
broadband service.
(4) Priority.--In awarding grants under this
subsection, the [Assistant Secretary] Under Secretary
shall give priority to applications for covered
broadband projects as follows, in decreasing order of
priority:
(A) Covered broadband projects designed to
provide broadband service to the greatest
number of households in an eligible service
area.
(B) Covered broadband projects designed to
provide broadband service in an eligible
service area that is wholly within any area
other than--
(i) a county, city, or town that has
a population of more than 50,000
inhabitants; and
(ii) the urbanized area contiguous
and adjacent to a city or town
described in clause (i).
(C) Covered broadband projects that are the
most cost-effective, prioritizing such projects
in areas that are the most rural.
(D) Covered broadband projects designed to
provide broadband service with a download speed
of not less than 100 megabits per second and an
upload speed of not less than 20 megabits per
second.
(E) Any other covered broadband project that
meets the requirements of this subsection.
(5) Expenditure deadline.--
(A) In general.--Not later than 1 year after
receiving grant funds under this subsection, a
covered partnership shall expend the grant
funds.
(B) Extensions.--The [Assistant Secretary]
Under Secretary may extend the period under
subparagraph (A) for a covered partnership that
proposes to use the grant funds for
construction of broadband infrastructure if the
covered partnership certifies that--
(i) the covered partnership has a
plan for use of the grant funds;
(ii) the construction project is
underway; or
(iii) extenuating circumstances
require an extension of time to allow
the project to be completed.
(C) Reversion of funds.--Any grant funds not
expended by an covered partnership by the
deadline under subparagraph (A) shall be made
available to other covered partnerships for the
purposes provided in this subsection.
(6) Grant conditions.--
(A) Prohibitions.--As a condition of
receiving a grant under this subsection, the
[Assistant Secretary] Under Secretary shall
prohibit a provider of broadband service that
is part of a covered partnership receiving the
grant--
(i) from using the grant amounts to
repay, or make any other payment
relating to, a loan made by any public
or private lender;
(ii) from using grant amounts as
collateral for a loan made by any
public or private lender; and
(iii) from using more than $50,000 of
the grant amounts to pay for the
preparation of the grant.
(B) Nondiscrimination.--The [Assistant
Secretary] Under Secretary may not require a
provider of broadband service that is part of a
covered partnership to be designated as an
eligible telecommunications carrier pursuant to
section 214(e) of the Communications Act of
1934 (47 U.S.C. 214(e)) to be eligible to
receive a grant under this subsection or as a
condition of receiving a grant under this
subsection.
(e) Implementation.--
(1) Requirements; outreach.--Not earlier than 30
days, and not later than 60 days, after the date of
enactment of this Act, the [Assistant Secretary] Under
Secretary shall--
(A) issue a notice inviting eligible entities
and covered partnerships to submit applications
for grants under this section, which shall
contain details about how awarding decisions
will be made; and
(B) outline--
(i) the requirements for applications
for grants under this section; and
(ii) the allowed uses of grant funds
awarded under this section.
(2) Applications.--
(A) Submission.--During the 90-day period
beginning on the date on which the [Assistant
Secretary] Under Secretary issues the notice
under paragraph (1), an eligible entity or
covered partnership may submit an application
for a grant under this section.
(B) Processing.--
(i) In general.--Not later than 90
days after receiving an application
under subparagraph (A), the [Assistant
Secretary] Under Secretary shall
approve or deny the application.
(ii) Denial.--The [Assistant
Secretary] Under Secretary may deny an
application submitted under
subparagraph (A) only if--
(I) the [Assistant Secretary]
Under Secretary provides the
applicant an opportunity to
cure any defects in the
application; and
(II) after receiving the
opportunity under subclause
(I), the applicant still fails
to meet the requirements of
this section.
(C) Single application.--An eligible entity
or covered partnership may submit only 1
application under this paragraph.
(D) Proposed use of funds.--An application
submitted by an eligible entity or a covered
partnership under this paragraph shall describe
each proposed use of grant funds.
(E) Allocation of funds.--Not later than 14
days after approving an application for a grant
under this paragraph, the [Assistant Secretary]
Under Secretary shall allocate the grant funds
to the eligible entity or covered partnership.
(F) Treatment of unallocated funds.--
(i) In general.--If an eligible
entity or covered partnership does not
submit an application by the deadline
under subparagraph (A), or the
[Assistant Secretary] Under Secretary
does not approve an application
submitted by an eligible entity or a
covered partnership under that
subparagraph, the [Assistant Secretary]
Under Secretary shall make the amounts
allocated for, as applicable--
(I) the eligible entity under
subsection (c) available to
other eligible entities on an
equitable basis; or
(II) the covered partnership
under subsection (d) to other
covered partnerships.
(ii) Second process.--The [Assistant
Secretary] Under Secretary shall
initiate a second notice and
application process described in this
subsection to reallocate any funds made
available to other eligible entities or
covered partnerships under clause (i).
(3) Transparency, accountability, and oversight
required.--In implementing this section, the [Assistant
Secretary] Under Secretary shall adopt measures,
including audit requirements, to--
(A) ensure sufficient transparency,
accountability, and oversight to provide the
public with information regarding the award and
use of grant funds under this section;
(B) ensure that a recipient of a grant under
this section uses the grant funds in compliance
with the requirements of this section and the
overall purpose of the applicable grant program
under this section; and
(C) deter waste, fraud, and abuse of grant
funds.
(4) Prohibition on use for covered communications
equipment or services.--An eligible entity or covered
partnership may not use grant funds received under this
section to purchase or support any covered
communications equipment or service (as defined in
section 9 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1608)).
(5) Unauthorized use of funds.--To the extent that
the [Assistant Secretary] Under Secretary or the
Inspector General of the Department determines that an
eligible entity or covered partnership has expended
grant funds received under this section in violation of
this section, the [Assistant Secretary] Under Secretary
shall recover the amount of funds that were so
expended.
(6) Additional appropriations for tribal broadband
connectivity program.--
(A) Definition.--In this paragraph, the term
``initial round of funding''--
(i) means the allocation under
paragraph (2)(E) of funds appropriated
under subsection (b)(1); and
(ii) does not include any
reallocation of funds under paragraph
(2)(F).
(B) New funding.--If Congress appropriates
additional funds for grants under subsection
(c) after the date of enactment of this Act,
the [Assistant Secretary] Under Secretary--
(i) may use a portion of the funds to
fully fund any grants under that
subsection for which the [Assistant
Secretary] Under Secretary received an
application and which the [Assistant
Secretary] Under Secretary did not
fully fund during the initial round of
funding; and
(ii) shall allocate any remaining
funds through subsequent funding rounds
consistent with the requirements of
this section, except as provided in
subparagraph (C) of this paragraph.
(C) Exceptions.--If Congress appropriates
additional funds for grants under subsection
(c) after the date of enactment of this Act--
(i) the [Assistant Secretary] Under
Secretary shall not be required to
issue an additional notice under
paragraph (1) of this subsection, but
shall inform eligible entities that
additional funding has been made
available for grants under subsection
(c) and describe the changes made to
the Tribal Broadband Connectivity
Program under that subsection by
section 60201 of the Infrastructure
Investment and Jobs Act;
(ii) the requirement under paragraph
(2)(C) of this subsection shall be
applied individually to each round of
funding for grants under subsection
(c);
(iii) paragraph (2)(A) of this
subsection shall be applied by
substituting ``180-day period beginning
on the date on which the [Assistant
Secretary] Under Secretary informs
eligible entities that additional
funding has been made available for
grants under subsection (c)'' for ``90-
day period beginning on the date on
which the [Assistant Secretary] Under
Secretary issues the notice under
paragraph (1)''; and
(iv) notwithstanding paragraph (2)(F)
of this subsection, in the case of
funds appropriated under subsection
(b)(1) that were not allocated during
the initial round of funding, the
[Assistant Secretary] Under Secretary
may elect to allocate the funds during
any subsequent round of funding for
grants under subsection (c).
(f) Reporting.--
(1) Eligible entities and covered partnerships.--
(A) Annual report.--Not later than 1 year
after receiving grant funds under this section,
and annually thereafter until the funds have
been expended, an eligible entity or covered
partnership shall submit to the [Assistant
Secretary] Under Secretary a report, with
respect to the 1-year period immediately
preceding the report date, that--
(i) describes how the eligible entity
or covered partnership expended the
funds;
(ii) certifies that the eligible
entity or covered partnership complied
with the requirements of this section
and with any additional reporting
requirements prescribed by the
[Assistant Secretary] Under Secretary,
including--
(I) a description of each
service provided with the grant
funds; and
(II) the number of locations
or geographic areas at which
broadband service was provided
using the grant funds; and
(iii) identifies each subgrantee that
received a subgrant from the eligible
entity or covered partnership and a
description of the specific project for
which grant funds were provided.
(B) Provision of information to fcc and
usda.--The [Assistant Secretary] Under
Secretary shall provide the information
collected under subparagraph (A) to the
Commission and the Department of Agriculture to
be used when determining whether to award funds
for the deployment of broadband under any
program administered by those agencies.
(C) Transmission of reports to congress.--Not
later than 5 days after receiving a report from
an eligible entity under subparagraph (A), the
[Assistant Secretary] Under Secretary shall
transmit the report to the Committee on
Commerce, Science, and Transportation of the
Senate and the Committee on Energy and Commerce
of the House of Representatives.
(2) Inspector general and gao.--Not later than 6
months after the date on which the first grant is
awarded under this section, and every 6 months
thereafter until all of the grant funds awarded under
this section are expended, the Inspector General of the
Department and the Comptroller General of the United
States shall each 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 that reviews the grants
awarded under this section during the preceding 6-month
period. Each such report shall include recommendations
to address waste, fraud, and abuse, if any.
(g) Impact on Other Federal Broadband Programs.--The use of
grant funds received under this section by an eligible entity,
covered partnership, or subgrantee shall not impact the
eligibility of, or otherwise disadvantage, the eligible entity,
covered partnership, or subgrantee with respect to
participation in any other Federal broadband program.
* * * * * * *
DIVISION FF--OTHER MATTER
* * * * * * *
TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION
* * * * * * *
SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.
(a) Short Title.--This section may be cited as the
``Advancing Critical Connectivity Expands Service, Small
Business Resources, Opportunities, Access, and Data Based on
Assessed Need and Demand Act'' or the ``ACCESS BROADBAND Act''.
(b) Establishment.--Not later than 180 days after the date of
the enactment of this Act, the [Assistant Secretary] Under
Secretary shall establish the Office of Internet Connectivity
and Growth within the National Telecommunications and
Information Administration.
(c) Duties.--
(1) Outreach.--The Office shall--
(A) connect with communities that need access
to high-speed internet and improved digital
inclusion efforts through various forms of
outreach and communication techniques;
(B) hold regional workshops across the
country to share best practices and effective
strategies for promoting broadband access and
adoption;
(C) develop targeted broadband training and
presentations for various demographic
communities through various media;
(D) develop and distribute publications
(including toolkits, primers, manuals, and
white papers) providing guidance, strategies,
and insights to communities as the communities
develop strategies to expand broadband access
and adoption; and
(E) as applicable in carrying out
subparagraphs (A) through (D), coordinate with
State agencies that provide similar broadband
investments, outreach, and coordination through
Federal programs.
(2) Tracking of federal dollars.--
(A) Broadband infrastructure.--The Office
shall track the construction and use of and
access to any broadband infrastructure built
using any Federal support in a central
database.
(B) Accounting mechanism.--The Office shall
develop a streamlined accounting mechanism by
which any agency offering a Federal broadband
support program and the Commission for any
Universal Service Fund Program shall provide
the information described in subparagraph (A)
in a standardized and efficient fashion.
(C) Report.--[Not later than 1 year after the
date of the enactment of this Act, and every
year thereafter,] In the first quarter of each
calendar year, the Office shall make public on
the website of the Office and submit to the
Committee on Energy and Commerce of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate a report, for the fiscal year ending
most recently before the beginning of such
quarter, on the following:
(i) A description of the work of the
Office [for the previous year] and the
number of residents of the United
States that received broadband as
result of Federal broadband support
programs and the Universal Service Fund
Programs.
(ii) A description of how many
residents of the United States were
provided broadband by which universal
service mechanism or which Federal
broadband support program.
(iii) An estimate of the economic
impact of such broadband deployment
efforts on local economies, including
any effect on small businesses or jobs.
(d) Relation to Current Broadband Activities of NTIA.--The
[Assistant Secretary] Under Secretary shall assign to the
Office all activities performed by the National
Telecommunications and Information Administration as of the
date of the enactment of this Act that are similar to the
activities required to be conducted by the Office under this
Act.
(e) Streamlined Applications for Support.--
(1) Agency consultation.--The Office shall consult
with any agency offering a Federal broadband support
program to streamline and standardize the applications
process for financial assistance or grants for such
program.
(2) Agency streamlining.--Any agency offering a
Federal broadband support program shall amend the
applications of the agency for broadband support, to
the extent practicable and as necessary, to streamline
and standardize applications for Federal broadband
support programs across the Government.
(3) Single application.--To the greatest extent
practicable, the Office shall seek to create one
application that may be submitted to apply for all, or
substantially all, Federal broadband support programs.
(4) Website required.--Not later than 180 days after
the date of the enactment of this Act, the Office shall
create a central website through which potential
applicants can learn about and apply for support
through any Federal broadband support program.
(f) Coordination of Support.--
(1) In general.--To ensure that Federal support for
broadband deployment is being distributed in an
efficient, technology-neutral, and financially
sustainable manner, and that a program does not
duplicate any other Federal broadband support program
or any Universal Service Fund high-cost program--
(A) any agency that offers a Federal
broadband support program shall coordinate with
the Office consistent with the goals described
in paragraph (2); and
(B) the Office, with respect to Federal
broadband support programs, and the Commission,
with respect to the Universal Service Fund
high-cost programs, shall coordinate with each
other consistent with the goals described in
paragraph (2).
(2) Goals.--The goals of any coordination conducted
pursuant to this subsection are the following:
(A) Serving the largest number of unserved
locations in the United States and ensuring all
residents of the United States have access to
high-speed broadband.
(B) Promoting the most job and economic
growth for all residents of the United States.
(3) Broadband availability maps.--The Office and the
Commission shall consult the broadband availability
maps produced by the Commission when coordinating under
paragraph (1).
(g) Definitions.--In this Act:
(1) Agency.--The term ``agency'' has the meaning
given that term in section 551 of title 5, United
States Code.
(2) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(3) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(4) Federal broadband support program.--The term
``Federal broadband support program'' does not include
any Universal Service Fund Program and means any of the
following programs (or any other similar Federal
program) to the extent the program offers broadband
internet service, support for broadband deployment, or
programs for promoting broadband access and adoption
for various demographic communities through various
media for residential, commercial, community providers,
or academic establishments:
(A) The Telecommunications and Technology
Program of the Appalachian Regional Commission.
(B) The Telecommunications Infrastructure
Loan and Loan Guarantee Program established
under the Rural Electrification Act of 1936,
the rural broadband access program established
under title VI of that Act (7 U.S.C. 950bb et
seq.), the initiative under section 306F of
that Act (7 U.S.C. 936f), the Community Connect
Grant Program established under section 604 of
that Act (7 U.S.C. 950bb-3), the broadband loan
and grant pilot program authorized under
section 779 of division A of the Consolidated
Appropriations Act, 2018 (Public Law 115-141;
132 Stat. 399) (commonly known as the ``Rural
eConnectivity Pilot Program'' or the
``ReConnect Program''), and the Distance
Learning and Telemedicine Program under chapter
1 of subtitle D of title XXIII of the Food,
Agriculture, Conservation, and Trade Act of
1990 (7 U.S.C. 950aaa et seq.).
(C) Community facility direct and guaranteed
loans under section 306(a) of the Consolidated
Farm and Rural Development Act (7 U.S.C.
1926(a)), community facility grants under
paragraph (19), (20), or (21) of section 306(a)
of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1926(a)), andthe Rural Community
Development Initiative authorized under the
heading ``Rural Housing Service--Rural
Community Facilities Program Account'' under
title III of division B of the Further
Consolidated Appropriations Act, 2020 (Public
Law 116-94; 133 Stat. 2629).
(D) The Public Works and Economic Adjustment
Assistance Programs and the Planning and Local
Technical Assistance Programs of the Economic
Development Administration of the Department of
Commerce.
(E) The Community Development Block Grants
and Section 108 Loan Guarantees Programs, the
Funds for Public Housing Authorities: Capital
Fund and Operating Fund, the Multifamily
Housing Programs, the Indian Community
Development Block Grant Program, the Indian
Housing Block Grant Program, the Title VI Loan
Guarantee Program, the Choice Neighborhoods
Program, the HOME Investment Partnerships
Program, the Housing Trust Fund, and the
Housing Opportunities for Persons with AIDS
Program of the Department of Housing and Urban
Development.
(F) The American Job Centers of the
Employment and Training Administration of the
Department of Labor.
(G) The Library Services and Technology Grant
Programs of the Institute of Museum and Library
Services.
(5) Office.--The term ``Office'' means the Office of
Internet Connectivity and Growth established pursuant
to subsection (b).
(6) Universal service fund high-cost programs.--The
term ``Universal Service Fund high-cost programs''
means--
(A) the program for Universal Service Support
for High-Cost Areas set forth under subpart D
of part 54 of title 47, Code of Federal
Regulations, or any successor thereto;
(B) the Rural Digital Opportunity Fund set
forth under subpart J of part 54 of title 47,
Code of Federal Regulations, or any successor
thereto;
(C) the Interstate Common Line Support
Mechanism for Rate-of-Return Carriers set forth
under subpart K of part 54 of title 47, Code of
Federal Regulations, or any successor thereto;
(D) the Mobility Fund and 5G Fund set forth
under subpart L of part 54 of title 47, Code of
Federal Regulations, or any successor thereto;
and
(E) the High Cost Loop Support for Rate-of-
Return Carriers program set forth under subpart
M of part 54 of title 47, Code of Federal
Regulations, or any successor thereto.
(7) Universal service fund program.--The term
``Universal Service Fund Program'' means any program
authorized under section 254 of the Communications Act
of 1934 (47 U.S.C. 254) to help deploy broadband.
(8) Universal service mechanism.--The term
``universal service mechanism'' means any funding
stream provided by a Universal Service Fund Program to
support broadband access.
(h) Rule of Construction.--Nothing in this Act is intended to
alter or amend any provision of section 254 of the
Communications Act of 1934 (47 U.S.C. 254).
* * * * * * *
SEC. 905. REALLOCATION AND AUCTION OF 3450-3550 MHZ SPECTRUM BAND.
(a) Short Title.--This section may be cited as the ``Beat
China by Harnessing Important, National Airwaves for 5G Act of
2020'' or the ``Beat CHINA for 5G Act of 2020''.
(b) Definitions.--In this Act--
(1) the term ``Commission'' means the Federal
Communications Commission; and
(2) the term ``covered band'' means the band of
electromagnetic spectrum between the frequencies of
3450 megahertz and 3550 megahertz, inclusive.
(c) Withdrawal or Modification of Federal Government
Assignments.--The President, acting through the [Assistant
Secretary] Under Secretary of Commerce for Communications and
Information, shall--
(1) not later than 180 days after the date of
enactment of this Act, in coordination with relevant
Federal users, begin the process of withdrawing or
modifying the assignments to Federal Government
stations of the covered band as necessary for the
Commission to comply with subsection (d); and
(2) not later than 30 days after completing any
necessary withdrawal or modification under paragraph
(1), notify the Commission that the withdrawal or
modification is complete.
(d) Reallocation and Auction.--
(1) In general.--The Commission shall--
(A) revise the non-Federal allocation for the
covered band to permit flexible-use services;
and
(B) notwithstanding paragraph (15)(A) of
section 309(j) of the Communications Act of
1934 (47 U.S.C. 309(j)), not later than
December 31, 2021, begin a system of
competitive bidding under that section to grant
new initial licenses for the use of a portion
or all of the covered band, subject to
flexible-use service rules.
(2) Exemption from notification requirement.--The
first sentence of section 113(g)(4)(A) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 923(g)(4)(A)) shall not
apply with respect to the system of competitive bidding
required under paragraph (1)(B) of this subsection.
(3) Proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in paragraph (1)
shall be construed to relieve the Commission from the
requirements of section 309(j)(16)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(16)(B)).
* * * * * * *
----------
INFRASTRUCTURE INVESTMENT AND JOBS ACT
* * * * * * *
DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021
* * * * * * *
TITLE VII--GENERAL PROVISIONS
* * * * * * *
SEC. 27003. DEPARTMENT OF TRANSPORTATION SPECTRUM AUDIT.
(a) Audit and Report.--Not later than 18 months after the
date of enactment of this Act, the [Assistant Secretary] Under
Secretary of Commerce for Communications and Information and
the Secretary shall jointly--
(1) conduct an audit of the electromagnetic spectrum
that is assigned or otherwise allocated to the
Department as of the date of the audit; and
(2) submit to Congress, and make available to each
Member of Congress upon request, a report containing
the results of the audit conducted under paragraph (1).
(b) Contents of Report.--The [Assistant Secretary] Under
Secretary of Commerce for Communications and Information and
the Secretary shall include in the report submitted under
subsection (a)(2), with respect to the electromagnetic spectrum
that is assigned or otherwise allocated to the Department as of
the date of the audit--
(1) each particular band of spectrum being used by
the Department;
(2) a description of each purpose for which a
particular band described in paragraph (1) is being
used, and how much of the band is being used for that
purpose;
(3) the State or other geographic area in which a
particular band described in paragraph (1) is assigned
or allocated for use;
(4) whether a particular band described in paragraph
(1) is used exclusively by the Department or shared
with another Federal entity or a non-Federal entity;
and
(5) any portion of the spectrum that is not being
used by the Department.
(c) Form of Report.--The report required under subsection
(a)(2) shall be submitted in unclassified form but may include
a classified annex.
* * * * * * *
DIVISION F--BROADBAND
TITLE I--BROADBAND GRANTS FOR STATES, DISTRICT OF COLUMBIA, PUERTO
RICO, AND TERRITORIES
* * * * * * *
SEC. 60102. GRANTS FOR BROADBAND DEPLOYMENT.
(a) Definitions.--
(1) Areas, locations, and institutions lacking
broadband access.--In this section:
(A) Unserved location.--The term ``unserved
location'' means a broadband-serviceable
location, as determined in accordance with the
broadband DATA maps, that--
(i) has no access to broadband
service; or
(ii) lacks access to reliable
broadband service offered with--
(I) a speed of not less
than--
(aa) 25 megabits per
second for downloads;
and
(bb) 3 megabits per
second for uploads; and
(II) a latency sufficient to
support real-time, interactive
applications.
(B) Unserved service project.--The term
``unserved service project'' means a project in
which not less than 80 percent of broadband-
serviceable locations served by the project are
unserved locations.
(C) Underserved location.--The term
``underserved location'' means a location--
(i) that is not an unserved location;
and
(ii) as determined in accordance with
the broadband DATA maps, lacks access
to reliable broadband service offered
with--
(I) a speed of not less
than--
(aa) 100 megabits per
second for downloads;
and
(bb) 20 megabits per
second for uploads; and
(II) a latency sufficient to
support real-time, interactive
applications.
(D) Underserved service project.--The term
``underserved service project'' means a project
in which not less than 80 percent of broadband-
serviceable locations served by the project are
unserved locations or underserved locations.
(E) Eligible community anchor institution.--
The term ``eligible community anchor
institution'' means a community anchor
institution that lacks access to gigabit-level
broadband service.
(2) Other definitions.--In this section:
(A) [Assistant secretary] Under secretary.--
The term ``[Assistant Secretary] Under
Secretary'' means the [Assistant Secretary]
Under Secretary of Commerce for Communications
and Information.
(B) Broadband; broadband service.--The term
``broadband'' or ``broadband service'' has the
meaning given the term ``broadband internet
access service'' in section 8.1(b) of title 47,
Code of Federal Regulations, or any successor
regulation.
(C) Broadband data maps.--The term
``broadband DATA maps'' means the maps created
under section 802(c)(1) of the Communications
Act of 1934 (47 U.S.C. 642(c)(1)).
(D) Commission.--The term ``Commission''
means the Federal Communications Commission.
(E) Community anchor institution.--The term
``community anchor institution'' means an
entity such as a school, library, health
clinic, health center, hospital or other
medical provider, public safety entity,
institution of higher education, public housing
organization, or community support organization
that facilitates greater use of broadband
service by vulnerable populations, including
low-income individuals, unemployed individuals,
and aged individuals.
(F) Eligible entity.--The term ``eligible
entity'' means a State.
(G) High-cost area.--
(i) In general.--The term ``high-cost
area'' means an unserved area in which
the cost of building out broadband
service is higher, as compared with the
average cost of building out broadband
service in unserved areas in the United
States (as determined by the [Assistant
Secretary] Under Secretary, in
consultation with the Commission),
incorporating factors that include--
(I) the remote location of
the area;
(II) the lack of population
density of the area;
(III) the unique topography
of the area;
(IV) a high rate of poverty
in the area; or
(V) any other factor
identified by the [Assistant
Secretary] Under Secretary, in
consultation with the
Commission, that contributes to
the higher cost of deploying
broadband service in the area.
(ii) Unserved area.--For purposes of
clause (i), the term ``unserved area''
means an area in which not less than 80
percent of broadband-serviceable
locations are unserved locations.
(H) Location; broadband-serviceable
location.--The terms ``location'' and
``broadband-serviceable location'' have the
meanings given those terms by the Commission
under rules and guidance that are in effect, as
of the date of enactment of this Act.
(I) Priority broadband project.--The term
``priority broadband project'' means a project
designed to--
(i) provide broadband service that
meets speed, latency, reliability,
consistency in quality of service, and
related criteria as the [Assistant
Secretary] Under Secretary shall
determine; and
(ii) ensure that the network built by
the project can easily scale speeds
over time to--
(I) meet the evolving
connectivity needs of
households and businesses; and
(II) support the deployment
of 5G, successor wireless
technologies, and other
advanced services.
(J) Program.--The term ``Program'' means the
Broadband Equity, Access, and Deployment
Program established under subsection (b)(1).
(K) Project.--The term ``project'' means an
undertaking by a subgrantee under this section
to construct and deploy infrastructure for the
provision of broadband service.
(L) Reliable broadband service.--The term
``reliable broadband service'' means broadband
service that meets performance criteria for
service availability, adaptability to changing
end-user requirements, length of serviceable
life, or other criteria, other than upload and
download speeds, as determined by the
[Assistant Secretary] Under Secretary in
coordination with the Commission.
(M) State.--The term ``State'' has the
meaning given the term in section 158 of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
942), except that that definition shall be
applied by striking ``, and any other territory
or possession of the United States''.
(N) Subgrantee.--The term ``subgrantee''
means an entity that receives grant funds from
an eligible entity to carry out activities
under subsection (f).
(b) Broadband Equity, Access, and Deployment Program.--
(1) Establishment.--Not later than 180 days after the
date of enactment of this Act, the [Assistant
Secretary] Under Secretary shall establish a grant
program, to be known as the ``Broadband Equity, Access,
and Deployment Program'', under which the [Assistant
Secretary] Under Secretary makes grants to eligible
entities, in accordance with this section, to bridge
the digital divide.
(2) Authorization of appropriations.--There is
authorized to be appropriated to the [Assistant
Secretary] Under Secretary to carry out the Program
$42,450,000,000.
(3) Obligation timeline.--The [Assistant Secretary]
Under Secretary shall obligate all amounts appropriated
pursuant to paragraph (2) in an expedient manner after
the [Assistant Secretary] Under Secretary issues the
notice of funding opportunity under subsection (e)(1).
(4) Technical support and assistance.--
(A) Program assistance.--As part of the
Program, the [Assistant Secretary] Under
Secretary, in consultation with the Commission,
shall provide technical support and assistance
to eligible entities to facilitate their
participation in the Program, including by
assisting eligible entities with--
(i) the development of grant
applications under the Program;
(ii) the development of plans and
procedures for distribution of funds
under the Program; and
(iii) other technical support as
determined by the [Assistant Secretary]
Under Secretary.
(B) General assistance.--The [Assistant
Secretary] Under Secretary shall provide
technical and other assistance to eligible
entities--
(i) to support the expansion of
broadband, with priority for--
(I) expansion in rural areas;
and
(II) eligible entities that
consistently rank below most
other eligible entities with
respect to broadband access and
deployment; and
(ii) regarding cybersecurity
resources and programs available
through Federal agencies, including the
Election Assistance Commission, the
Cybersecurity and Infrastructure
Security Agency, the Federal Trade
Commission, and the National Institute
of Standards and Technology.
(c) Allocation.--
(1) Allocation for high-cost areas.--
(A) In general.--On or after the date on
which the broadband DATA maps are made public,
the [Assistant Secretary] Under Secretary shall
allocate to eligible entities, in accordance
with subparagraph (B) of this paragraph, 10
percent of the amount appropriated pursuant to
subsection (b)(2).
(B) Formula.--The [Assistant Secretary] Under
Secretary shall calculate the amount allocated
to an eligible entity under subparagraph (A)
by--
(i) dividing the number of unserved
locations in high-cost areas in the
eligible entity by the total number of
unserved locations in high-cost areas
in the United States; and
(ii) multiplying the quotient
obtained under clause (i) by the amount
made available under subparagraph (A).
(2) Minimum initial allocation.--Of the amount
appropriated pursuant to subsection (b)(2)--
(A) except as provided in subparagraph (B) of
this paragraph, $100,000,000 shall be allocated
to each State; and
(B) $100,000,000 shall be allocated to, and
divided equally among, the United States Virgin
Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(3) Allocation of remaining amounts.--
(A) In general.--On or after the date on
which the broadband DATA maps are made public,
of the amount appropriated pursuant to
subsection (b)(2), the [Assistant Secretary]
Under Secretary shall allocate to eligible
entities, in accordance with subparagraph (B)
of this paragraph, the amount remaining after
compliance with paragraphs (1) and (2) of this
subsection.
(B) Allocation.--The amount allocated to an
eligible entity under subparagraph (B) shall be
calculated by--
(i) dividing the number of unserved
locations in the eligible entity by the
total number of unserved locations in
the United States; and
(ii) multiplying the quotient
obtained under clause (i) by the amount
made available under subparagraph (A).
(4) Availability conditioned on approval of
applications.--The availability of amounts allocated
under paragraph (1), (2), or (3) to an eligible entity
shall be subject to approval by the [Assistant
Secretary] Under Secretary of the letter of intent,
initial proposal, or final proposal of the eligible
entity, as applicable, under subsection (e).
(5) Contingency procedures.--
(A) Definition.--In this paragraph, the term
``covered application'' means a letter of
intent, initial proposal, or final proposal
under this section.
(B) Political subdivisions and consortia.--
(i) Application failures.--The
[Assistant Secretary] Under Secretary,
in carrying out the Program, shall
provide that if an eligible entity
fails to submit a covered application
by the applicable deadline, or a
covered application submitted by an
eligible entity is not approved by the
applicable deadline, a political
subdivision or consortium of political
subdivisions of the eligible entity may
submit the applicable type of covered
application in place of the eligible
entity.
(ii) Treatment of political
subdivision or consortium as eligible
entity.--In the case of a political
subdivision or consortium of political
subdivisions that submits a covered
application under clause (i) that is
approved by the [Assistant Secretary]
Under Secretary--
(I) except as provided in
subclause (II) of this clause,
any reference in this section
to an eligible entity shall be
deemed to refer to the
political subdivision or
consortium; and
(II) any reference in this
section to an eligible entity
in a geographic sense shall be
deemed to refer to the eligible
entity in whose place the
political subdivision or
consortium submitted the
covered application.
(C) Reallocation to other eligible
entities.--
(i) Application failures.--The
[Assistant Secretary] Under Secretary,
in carrying out the Program, shall
provide that if an eligible entity
fails to submit a covered application
by the applicable deadline, or a
covered application submitted by an
eligible entity is not approved by the
applicable deadline, as provided in
subparagraph (A)), and no political
subdivision or consortium of political
subdivisions of the eligible entity
submits a covered application by the
applicable deadline, or no covered
application submitted by such a
political subdivision or consortium is
approved by the applicable deadline, as
provided in subparagraph (B), the
[Assistant Secretary] Under Secretary--
(I) shall reallocate the
amounts that would have been
available to the eligible
entity pursuant to that type of
covered application to other
eligible entities that
submitted that type of covered
application by the applicable
deadline; and
(II) shall reallocate the
amounts described in subclause
(I) of this clause in
accordance with the formula
under paragraph (3).
(ii) Failure to use full
allocation.--The [Assistant Secretary]
Under Secretary, in carrying out the
Program, shall provide that if an
eligible entity fails to use the full
amount allocated to the eligible entity
under this subsection by the applicable
deadline, the [Assistant Secretary]
Under Secretary--
(I) shall reallocate the
unused amounts to other
eligible entities with approved
final proposals; and
(II) shall reallocate the
amounts described in subclause
(I) in accordance with the
formula under paragraph (3).
(d) Administrative Expenses.--
(1) [Assistant secretary] Under secretary.--The
[Assistant Secretary] Under Secretary may use not more
than 2 percent of amounts appropriated pursuant to
subsection (b) for administrative purposes.
(2) Eligible entities.--
(A) Pre-deployment planning.--An eligible
entity may use not more than 5 percent of the
amount allocated to the eligible entity under
subsection (c)(2) for the planning and pre-
deployment activities under subsection
(e)(1)(C).
(B) Administration.--An eligible entity may
use not more than 2 percent of the grant
amounts made available to the eligible entity
under subsection (e) for expenses relating
(directly or indirectly) to administration of
the grant.
(e) Implementation.--
(1) Initial program deployment and planning.--
(A) Notice of funding opportunity; process.--
Not later than 180 days after the date of
enactment of this Act, the [Assistant
Secretary] Under Secretary shall--
(i) issue a notice of funding
opportunity for the Program that--
(I) notifies eligible
entities of--
(aa) the
establishment of the
Program; and
(bb) the amount of
the minimum initial
allocation to each
eligible entity under
subsection (c)(2);
(II) invites eligible
entities to submit letters of
intent under subparagraph (B)
in order to--
(aa) participate in
the Program; and
(bb) receive funding
for planning and pre-
deployment activities
under subparagraph (C);
(III) contains details about
the Program, including an
outline of the requirements
for--
(aa) applications for
grants under the
Program, which shall
consist of letters of
intent, initial
proposals, and final
proposals; and
(bb) allowed uses of
grant amounts awarded
under this section, as
provided in subsection
(f); and
(IV) includes any other
information determined relevant
by the [Assistant Secretary]
Under Secretary;
(ii) establish a process, in
accordance with subparagraph (C),
through which to provide funding to
eligible entities for planning and pre-
deployment activities;
(iii) develop and make public a
standard online application form that
an eligible entity may use to submit an
initial proposal and final proposal for
the grant amounts allocated to the
eligible entity under subsection (c);
(iv) publish a template--
(I) initial proposal that
complies with paragraph (3)(A);
and
(II) final proposal that
complies with paragraph (4)(A);
and
(v) in consultation with the
Commission, establish standards for how
an eligible entity shall assess the
capabilities and capacities of a
prospective subgrantee under subsection
(g)(2)(A).
(B) Letter of intent.--
(i) In general.--An eligible entity
that wishes to participate in the
Program shall file a letter of intent
to participate in the Program
consistent with this subparagraph.
(ii) Form and contents.--The
[Assistant Secretary] Under Secretary
may establish the form and contents
required for a letter of intent under
this subparagraph, which contents may
include--
(I) details of--
(aa) the existing
broadband program or
office of the eligible
entity, including--
(AA)
activities that
the program or
office
currently
conducts;
(BB) the
number of
rounds of
broadband
deployment
grants that the
eligible entity
has awarded, if
applicable;
(CC) whether
the eligible
entity has an
eligible
entity-wide
plan and goal
for
availability of
broadband, and
any relevant
deadlines, as
applicable; and
(DD) the
amount of
funding that
the eligible
entity has
available for
broadband
deployment or
other
broadband-relate
d activities,
including data
collection and
local planning,
and the sources
of that
funding,
including
whether the
funds are from
the eligible
entity or from
the Federal
Government
under the
American Rescue
Plan Act of
2021 (Public
Law 117-2);
(bb) the number of
full-time employees and
part-time employees of
the eligible entity who
will assist in
administering amounts
received under the
Program and the duties
assigned to those
employees;
(cc) relevant
contracted support; and
(dd) the goals of the
eligible entity for the
use of amounts received
under the Program, the
process that the
eligible entity will
use to distribute those
amounts to subgrantees,
the timeline for
awarding subgrants, and
oversight and reporting
requirements that the
eligible entity will
impose on subgrantees;
(II) the identification of
known barriers or challenges to
developing and administering a
program to administer grants
received under the Program, if
applicable;
(III) the identification of
the additional capacity needed
by the eligible entity to
implement the requirements
under this section, such as--
(aa) enhancing the
capacity of the
broadband program or
office of the eligible
entity by receiving
technical assistance
from Federal entities
or other partners,
hiring additional
employees, or obtaining
support from contracted
entities; or
(bb) acquiring
additional programmatic
information or data,
such as through surveys
or asset inventories;
(IV) an explanation of how
the needs described in
subclause (III) were identified
and how funds may be used to
address those needs, including
target areas;
(V) details of any relevant
partners, such as organizations
that may inform broadband
deployment and adoption
planning; and
(VI) any other information
determined relevant by the
[Assistant Secretary] Under
Secretary.
(C) Planning funds.--
(i) In general.--The [Assistant
Secretary] Under Secretary shall
establish a process through which an
eligible entity, in submitting a letter
of intent under subparagraph (B), may
request access to not more than 5
percent of the amount allocated to the
eligible entity under subsection (c)(2)
for use consistent with this
subparagraph.
(ii) Funding availability.--If the
[Assistant Secretary] Under Secretary
approves a request from an eligible
entity under clause (i), the [Assistant
Secretary] Under Secretary shall make
available to the eligible entity an
amount, as determined appropriate by
the [Assistant Secretary] Under
Secretary, that is not more than 5
percent of the amount allocated to the
eligible entity under subsection
(c)(2).
(iii) Eligible use.--The [Assistant
Secretary] Under Secretary shall
determine the allowable uses of amounts
made available under clause (ii), which
may include--
(I) research and data
collection, including initial
identification of unserved
locations and underserved
locations;
(II) the development of a
preliminary budget for pre-
planning activities;
(III) publications, outreach,
and communications support;
(IV) providing technical
assistance, including through
workshops and events;
(V) training for employees of
the broadband program or office
of the eligible entity or
employees of political
subdivisions of the eligible
entity, and related staffing
capacity or consulting or
contracted support; and
(VI) with respect to an
office that oversees broadband
programs and broadband
deployment in an eligible
entity, establishing,
operating, or increasing the
capacity of such a broadband
office.
(D) Action plan.--
(i) In general.--An eligible entity
that receives funding from the
[Assistant Secretary] Under Secretary
under subparagraph (C) shall submit to
the [Assistant Secretary] Under
Secretary a 5-year action plan, which
shall--
(I) be informed by
collaboration with local and
regional entities; and
(II) detail--
(aa) investment
priorities and
associated costs;
(bb) alignment of
planned spending with
economic development,
telehealth, and related
connectivity efforts.
(ii) Requirements of action plans.--
The [Assistant Secretary] Under
Secretary shall establish requirements
for the 5-year action plan submitted by
an eligible entity under clause (i),
which may include requirements to--
(I) address local and
regional needs in the eligible
entity with respect to
broadband service;
(II) propose solutions for
the deployment of affordable
broadband service in the
eligible entity;
(III) include localized data
with respect to the deployment
of broadband service in the
eligible entity, including by
identifying locations that
should be prioritized for
Federal support with respect to
that deployment;
(IV) ascertain how best to
serve unserved locations in the
eligible entity, whether
through the establishment of
cooperatives or public-private
partnerships;
(V) identify the technical
assistance that would be
necessary to carry out the
plan; and
(VI) assess the amount of
time it would take to build out
universal broadband service in
the eligible entity.
(2) Notice of available amounts; invitation to submit
initial and final proposals.--On or after the date on
which the broadband DATA maps are made public, the
[Assistant Secretary] Under Secretary, in coordination
with the Commission, shall issue a notice to each
eligible entity that--
(A) contains the estimated amount available
to the eligible entity under subsection (c);
and
(B) invites the eligible entity to submit an
initial proposal and final proposal for a grant
under this section, in accordance with
paragraphs (3) and (4) of this subsection.
(3) Initial proposal.--
(A) Submission.--
(i) In general.--After the [Assistant
Secretary] Under Secretary issues the
notice under paragraph (2), an eligible
entity that wishes to receive a grant
under this section shall submit an
initial proposal for a grant, using the
online application form developed by
the [Assistant Secretary] Under
Secretary under paragraph (1)(A)(iii),
that--
(I) outlines long-term
objectives for deploying
broadband, closing the digital
divide, and enhancing economic
growth and job creation,
including--
(aa) information
developed by the
eligible entity as part
of the action plan
submitted under
paragraph (1)(D), if
applicable; and
(bb) information from
any comparable
strategic plan
otherwise developed by
the eligible entity, if
applicable;
(II)(aa) identifies, and
outlines steps to support,
local and regional broadband
planning processes or ongoing
efforts to deploy broadband or
close the digital divide; and
(bb) describes
coordination with local
governments, along with
local and regional
broadband planning
processes;
(III) identifies existing
efforts funded by the Federal
Government or a State within
the jurisdiction of the
eligible entity to deploy
broadband and close the digital
divide;
(IV) includes a plan to
competitively award subgrants
to ensure timely deployment of
broadband;
(V) identifies--
(aa) each unserved
location or underserved
location under the
jurisdiction of the
eligible entity; and
(bb) each community
anchor institution
under the jurisdiction
of the eligible entity
that is an eligible
community anchor
institution; and
(VI) certifies the intent of
the eligible entity to comply
with all applicable
requirements under this
section, including the
reporting requirements under
subsection (j)(1).
(ii) Local coordination.--
(I) In general.--The
[Assistant Secretary] Under
Secretary shall establish local
coordination requirements for
eligible entities to follow, to
the greatest extent
practicable.
(II) Requirements.--The local
coordination requirements
established under subclause (I)
shall include, at minimum, an
opportunity for political
subdivisions of an eligible
entity to--
(aa) submit plans for
consideration by the
eligible entity; and
(bb) comment on the
initial proposal of the
eligible entity before
the initial proposal is
submitted to the
[Assistant Secretary]
Under Secretary.
(B) Single initial proposal.--An eligible
entity may submit only 1 initial proposal under
this paragraph.
(C) Corrections to initial proposal.--The
[Assistant Secretary] Under Secretary may
accept corrections to the initial proposal of
an eligible entity after the initial proposal
has been submitted.
(D) Consideration of initial proposal.--After
receipt of an initial proposal for a grant
under this paragraph, the [Assistant Secretary]
Under Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is
complete--
(I) shall determine whether
the use of funds proposed in
the initial proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or
disapprove the initial proposal
based on the determinations
under subclause (I); and
(III) if the [Assistant
Secretary] Under Secretary
approves the initial proposal
under clause (ii)(II), shall
make available to the eligible
entity--
(aa) 20 percent of
the grant funds that
were allocated to the
eligible entity under
subsection (c); or
(bb) a higher
percentage of the grant
funds that were
allocated to the
eligible entity under
subsection (c), at the
discretion of the
[Assistant Secretary]
Under Secretary; and
(iii) if the initial proposal is
incomplete, or is disapproved under
clause (ii)(II), shall notify the
eligible entity and provide the
eligible entity with an opportunity to
resubmit the initial proposal.
(E) Consideration of resubmitted initial
proposal.--After receipt of a resubmitted
initial proposal for a grant under this
paragraph, the [Assistant Secretary] Under
Secretary--
(i) shall acknowledge receipt;
(ii) if the initial proposal is
complete--
(I) shall determine whether
the use of funds proposed in
the initial proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or
disapprove the initial proposal
based on the determinations
under subclause (I); and
(III) if the [Assistant
Secretary] Under Secretary
approves the initial proposal
under clause (ii)(II), shall
make available to the eligible
entity--
(aa) 20 percent of
the grant funds that
were allocated to the
eligible entity under
subsection (c); or
(bb) a higher
percentage of the grant
funds that were
allocated to the
eligible entity under
subsection (c), at the
discretion of the
[Assistant Secretary]
Under Secretary; and
(iii) if the initial proposal is
incomplete, or is disapproved under
clause (ii)(II), shall notify the
eligible entity and provide the
eligible entity with an opportunity to
resubmit the initial proposal.
(4) Final proposal.--
(A) Submission.--
(i) In general.--After the [Assistant
Secretary] Under Secretary approvals
the initial proposal of an eligible
entity under paragraph (3), the
eligible entity may submit a final
proposal for the remainder of the
amount allocated to the eligible entity
under subsection (c), using the online
application form developed by the
[Assistant Secretary] Under Secretary
under paragraph (1)(A)(iii), that
includes--
(I) a detailed plan that
specifies how the eligible
entity will--
(aa) allocate grant
funds for the
deployment of broadband
networks to unserved
locations and
underserved locations,
in accordance with
subsection
(h)(1)(A)(i); and
(bb) align the grant
funds allocated to the
eligible entity under
subsection (c), where
practicable, with the
use of other funds that
the eligible entity
receives from the
Federal Government, a
State, or a private
entity for related
purposes;
(II) a timeline for
implementation;
(III) processes for oversight
and accountability to ensure
the proper use of the grant
funds allocated to the eligible
entity under subsection (c);
and
(IV) a description of
coordination with local
governments, along with local
and regional broadband planning
processes.
(ii) Local coordination.--
(I) In general.--The
[Assistant Secretary] Under
Secretary shall establish local
coordination requirements for
eligible entities to follow, to
the greatest extent
practicable.
(II) Requirements.--The local
coordination requirements
established under subclause (I)
shall include, at minimum, an
opportunity for political
subdivisions of an eligible
entity to--
(aa) submit plans for
consideration by the
eligible entity; and
(bb) comment on the
final proposal of the
eligible entity before
the final proposal is
submitted to the
[Assistant Secretary]
Under Secretary.
(iii) Federal coordination.--To
ensure efficient and effective use of
taxpayer funds, an eligible entity
shall, to the greatest extent
practicable, align the use of grant
funds proposed in the final proposal
under clause (i) with funds available
from other Federal programs that
support broadband deployment and
access.
(B) Single final proposal.--An eligible
entity may submit only 1 final proposal under
this paragraph.
(C) Corrections to final proposal.--The
[Assistant Secretary] Under Secretary may
accept corrections to the final proposal of an
eligible entity after the final proposal has
been submitted.
(D) Consideration of final proposal.--After
receipt of a final proposal for a grant under
this paragraph, the [Assistant Secretary] Under
Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is
complete--
(I) shall determine whether
the use of funds proposed in
the final proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or
disapprove the final proposal
based on the determinations
under subclause (I); and
(III) if the [Assistant
Secretary] Under Secretary
approves the final proposal
under clause (ii)(II), shall
make available to the eligible
entity the remainder of the
grant funds allocated to the
eligible entity under
subsection (c); and
(iii) if the final proposal is
incomplete, or is disapproved under
clause (ii)(II), shall notify the
eligible entity and provide the
eligible entity with an opportunity to
resubmit the final proposal.
(E) Consideration of resubmitted final
proposal.--After receipt of a resubmitted final
proposal for a grant under this paragraph, the
[Assistant Secretary] Under Secretary--
(i) shall acknowledge receipt;
(ii) if the final proposal is
complete--
(I) shall determine whether
the use of funds proposed in
the final proposal--
(aa) complies with
subsection (f);
(bb) is in the public
interest; and
(cc) effectuates the
purposes of this Act;
(II) shall approve or
disapprove the final proposal
based on the determinations
under subclause (I); and
(III) if the [Assistant
Secretary] Under Secretary
approves the final proposal
under clause (ii)(II), shall
make available to the eligible
entity the remainder of the
grant funds allocated to the
eligible entity under
subsection (c); and
(iii) if the final proposal is
incomplete, or is disapproved under
clause (ii)(II), shall notify the
eligible entity and provide the
eligible entity with an opportunity to
resubmit the final proposal.
(f) Use of Funds.--An eligible entity may use grant funds
received under this section to competitively award subgrants
for--
(1) unserved service projects and underserved service
projects;
(2) connecting eligible community anchor
institutions;
(3) data collection, broadband mapping, and planning;
(4) installing internet and Wi-Fi infrastructure or
providing reduced-cost broadband within a multi-family
residential building, with priority given to a
residential building that--
(A) has a substantial share of unserved
households; or
(B) is in a location in which the percentage
of individuals with a household income that is
at or below 150 percent of the poverty line
applicable to a family of the size involved (as
determined under section 673(2) of the
Community Services Block Grant Act (42 U.S.C.
9902(2)) is higher than the national percentage
of such individuals;
(5) broadband adoption, including programs to provide
affordable internet-capable devices; and
(6) any use determined necessary by the [Assistant
Secretary] Under Secretary to facilitate the goals of
the Program.
(g) General Program Requirements.--
(1) Subgrantee obligations.--A subgrantee, in
carrying out activities using amounts received from an
eligible entity under this section--
(A) shall adhere to quality-of-service
standards, as established by the [Assistant
Secretary] Under Secretary;
(B) shall comply with prudent cybersecurity
and supply chain risk management practices, as
specified by the [Assistant Secretary] Under
Secretary, in consultation with the Director of
the National Institute of Standards and
Technology and the Commission;
(C) shall incorporate best practices, as
defined by the [Assistant Secretary] Under
Secretary, for ensuring reliability and
resilience of broadband infrastructure; and
(D) may not use the amounts to purchase or
support--
(i) any covered communications
equipment or service, as defined in
section 9 of the Secure and Trusted
Communications Networks Act of 2019 (47
U.S.C. 1608); or
(ii) fiber optic cable and optical
transmission equipment manufactured in
the People's Republic of China, except
that the [Assistant Secretary] Under
Secretary may waive the application of
this clause with respect to a project
if the eligible entity that awards a
subgrant for the project shows that
such application would unreasonably
increase the cost of the project.
(2) Eligible entity obligations.--In distributing
funds to subgrantees under this section, an eligible
entity shall--
(A) ensure that any prospective subgrantee--
(i) is capable of carrying out
activities funded by the subgrant in a
competent manner in compliance with all
applicable Federal, State, and local
laws;
(ii) has the financial and managerial
capacity to meet--
(I) the commitments of the
subgrantee under the subgrant;
(II) the requirements of the
Program; and
(III) such requirements as
may be further prescribed by
the [Assistant Secretary] Under
Secretary; and
(iii) has the technical and
operational capability to provide the
services promised in the subgrant in
the manner contemplated by the subgrant
award;
(B) stipulate, in any contract with a
subgrantee for the use of such funds,
reasonable provisions for recovery of funds for
nonperformance; and
(C)(i) distribute the funds in an equitable
and non-discriminatory manner; and
(ii) ensure, through a stipulation in
any contract with a subgrantee for the
use of such funds, that each subgrantee
uses the funds in an equitable and
nondiscriminatory manner.
(3) Deobligation of awards; internet disclosure.--The
[Assistant Secretary] Under Secretary--
(A) shall establish, in coordination with
relevant Federal and State partners,
appropriate mechanisms to ensure appropriate
use of funds made available under this section;
(B) may, in addition to other authority under
applicable law--
(i) deobligate grant funds awarded to
an eligible entity that--
(I) violates paragraph (2);
or
(II) demonstrates an
insufficient level of
performance, or wasteful or
fraudulent spending, as defined
in advance by the [Assistant
Secretary] Under Secretary; and
(ii) award grant funds that are
deobligated under clause (i) to new or
existing applicants consistent with
this section; and
(C) shall create and maintain a fully
searchable database, accessible on the internet
at no cost to the public, that contains
information sufficient to allow the public to
understand and monitor grants and subgrants
awarded under the Program.
(h) Broadband Network Deployment.--
(1) Order of awards; priority.--
(A) In general.--An eligible entity, in
awarding subgrants for the deployment of a
broadband network using grant funds received
under this section, as authorized under
subsection (f)(1)--
(i) shall award funding in a manner
that--
(I) prioritizes unserved
service projects;
(II) after certifying to the
[Assistant Secretary] Under
Secretary that the eligible
entity will ensure coverage of
broadband service to all
unserved locations within the
eligible entity, prioritizes
underserved service projects;
and
(III) after prioritizing
underserved service projects,
provides funding to connect
eligible community anchor
institutions;
(ii) in providing funding under
subclauses (I), (II), and (III) of
clause (i), shall prioritize funding
for deployment of broadband
infrastructure for priority broadband
projects;
(iii) may not exclude cooperatives,
nonprofit organizations, public-private
partnerships, private companies, public
or private utilities, public utility
districts, or local governments from
eligibility for such grant funds; and
(iv) shall give priority to projects
based on--
(I) deployment of a broadband
network to persistent poverty
counties or high-poverty areas;
(II) the speeds of the
proposed broadband service;
(III) the expediency with
which a project can be
completed; and
(IV) a demonstrated record of
and plans to be in compliance
with Federal labor and
employment laws.
(B) Authority of [assistant secretary] under
secretary.--The [Assistant Secretary] Under
Secretary may provide additional guidance on
the prioritization of subgrants awarded for the
deployment of a broadband network using grant
funds received under this section.
(2) Challenge process.--
(A) In general.--After submitting an initial
proposal under subsection (e)(3) and before
allocating grant funds received under this
section for the deployment of broadband
networks, an eligible entity shall ensure a
transparent, evidence-based, and expeditious
challenge process under which a unit of local
government, nonprofit organization, or other
broadband service provider can challenge a
determination made by the eligible entity in
the initial proposal as to whether a particular
location or community anchor institution within
the jurisdiction of the eligible entity is
eligible for the grant funds, including whether
a particular location is unserved or
underserved.
(B) Final identification; notification of
funding eligibility.--After resolving each
challenge under subparagraph (A), and not later
than 60 days before allocating grant funds
received under this section for the deployment
of broadband networks, an eligible entity shall
provide public notice of the final
classification of each unserved location,
underserved location, or eligible community
anchor institution within the jurisdiction of
the eligible entity.
(C) Consultation with ntia.--An eligible
entity shall notify the [Assistant Secretary]
Under Secretary of any modification to the
initial proposal of the eligible entity
submitted under subsection (e)(3) that is
necessitated by a successful challenge under
subparagraph (A) of this paragraph.
(D) NTIA authority.--The [Assistant
Secretary] Under Secretary--
(i) may modify the challenge process
required under subparagraph (A) as
necessary; and
(ii) may reverse the determination of
an eligible entity with respect to the
eligibility of a particular location or
community anchor institution for grant
funds under this section.
(E) Expediting broadband data collection
activities.--
(i) Deadline for resolution of
challenge process under broadband data
act.--Section 802(b)(5)(C)(i) of the
Communications Act of 1934 (47 U.S.C.
642(b)(5)(C)(i)) is amended by striking
``challenges'' and inserting the
following: ``challenges, which shall
require that the Commission resolve a
challenge not later than 90 days after
the date on which a final response by a
provider to a challenge to the accuracy
of a map or information described in
subparagraph (A) is complete''.
(ii) Paperwork reduction act
exemption expansion.--Section 806(b) of
the Communications Act of 1934 (47
U.S.C. 646(b)) is amended by striking
``the initial rule making required
under section 802(a)(1)'' and inserting
``any rule making or other action by
the Commission required under this
title''.
(iii) Implementation.--The Commission
shall implement the amendments made by
this subparagraph as soon as possible
after the date of enactment of this
Act.
(3) Non-federal share of broadband infrastructure
deployment costs.--
(A) In general.--
(i) Matching requirement.--In
allocating grant funds received under
this section for deployment of
broadband networks, an eligible entity
shall provide, or require a subgrantee
to provide, a contribution, derived
from non-Federal funds (or funds from a
Federal regional commission or
authority), except in high-cost areas
or as otherwise provided by this Act,
of not less than 25 percent of project
costs.
(ii) Waiver.--Upon request by an
eligible entity or a subgrantee, the
[Assistant Secretary] Under Secretary
may reduce or waive the required
matching contribution under clause (i).
(B) Source of match.--A matching contribution
under subparagraph (A)--
(i) may be provided by an eligible
entity, a unit of local government, a
utility company, a cooperative, a
nonprofit organization, a for-profit
company, regional planning or
governmental organization, a Federal
regional commission or authority, or
any combination thereof;
(ii) may include in-kind
contributions; and
(iii) may include funds that were
provided to an eligible entity or a
subgrantee--
(I) under--
(aa) the Families
First Coronavirus
Response Act (Public
Law 116-127; 134 Stat.
178);
(bb) the CARES Act
(Public Law 116-136;
134 Stat. 281);
(cc) the Consolidated
Appropriations Act,
2021 (Public Law 116-
260; 134 Stat. 1182);
(dd) the American
Rescue Plan Act of 2021
(Public Law 117-2; 135
Stat. 4); or
(ee) any amendment
made by an Act
described in any of
items (aa) through
(dd); and
(II) for the purpose of
deployment of broadband
service, as described in the
applicable provision of law
described in subclause (I).
(C) Definition.--For purposes of this
paragraph, the term ``Federal regional
commission or authority'' means--
(i) the Appalachian Regional
Commission;
(ii) the Delta Regional Authority;
(iii) the Denali Commission; and
(iv) the Northern Border Regional
Commission.
(4) Deployment and provision of service
requirements.--An entity that receives a subgrant under
subsection (f)(1) for the deployment of a broadband
network--
(A) in providing broadband service using the
network--
(i) shall provide broadband service--
(I) at a speed of not less
than 100 megabits per second
for downloads and 20 megabits
per second for uploads;
(II) with a latency that is
sufficiently low to allow
reasonably foreseeable, real-
time, interactive applications;
and
(III) with network outages
that do not exceed, on average,
48 hours over any 365-day
period; and
(ii) shall provide access to
broadband service to each customer
served by the project that desires
broadband service;
(B) shall offer not less than 1 low-cost
broadband service option for eligible
subscribers, as those terms are defined in
paragraph (5) of this subsection;
(C) shall deploy the broadband network and
begin providing broadband service to each
customer that desires broadband service not
later than 4 years after the date on which the
entity receives the subgrant, except that an
eligible entity may extend the deadline under
this subparagraph if--
(i) the eligible entity has a plan
for use of the grant funds;
(ii) the construction project is
underway; or
(iii) extenuating circumstances
require an extension of time to allow
the project to be completed;
(D) for any project that involves laying
fiber optic cables or conduit underground or
along a roadway, shall include interspersed
conduit access points at regular and short
intervals;
(E) may use the subgrant to deploy broadband
infrastructure in or through any area required
to reach interconnection points or otherwise to
ensure the technical feasibility and financial
sustainability of a project providing broadband
service to an unserved location, underserved
location, or eligible community anchor
institution;
(F) once the network has been deployed, shall
provide public notice, online and through other
means, of that fact to the locations and areas
to which broadband service has been provided
and share the public notice with the eligible
entity that awarded the subgrant;
(G) shall carry out public awareness
campaigns in service areas that are designed to
highlight the value and benefits of broadband
service in order to increase the adoption of
broadband service by consumers; and
(H) if the entity is no longer able to
provide broadband service to the locations
covered by the subgrant at any time, shall sell
the network capacity at a reasonable, wholesale
rate on a nondiscriminatory basis to other
broadband service providers or public sector
entities.
(5) Low-cost broadband service option.--
(A) Definitions.--In this paragraph--
(i) the term ``eligible subscriber''
shall have the meaning given the term
by the [Assistant Secretary] Under
Secretary for purposes of this
paragraph; and
(ii) the term ``low-cost broadband
service option'' shall be defined by an
eligible entity for subgrantees of the
eligible entity in accordance with
subparagraph (B).
(B) Defining ``low-cost broadband service
option''.--
(i) Proposal.--An eligible entity
shall submit to the [Assistant
Secretary] Under Secretary for
approval, in the final proposal of the
eligible entity submitted under
subsection (e)(4), a proposed
definition of ``low-cost broadband
service option'' that shall apply to
subgrantees of the eligible entity for
purposes of the requirement under
paragraph (4)(B) of this subsection.
(ii) Consultation.--An eligible
entity shall consult with the
[Assistant Secretary] Under Secretary
and prospective subgrantees regarding a
proposed definition of ``low-cost
broadband service option'' before
submitting the proposed definition to
the [Assistant Secretary] Under
Secretary under clause (i).
(iii) Approval of [assistant
secretary] under secretary.--
(I) In general.--A proposed
definition of ``low-cost
broadband service option''
submitted by an eligible entity
under clause (i) shall not take
effect until the [Assistant
Secretary] Under Secretary
approves the final proposal of
the eligible entity submitted
under subsection (e)(4),
including approval of the
proposed definition of ``low-
cost broadband service
option''.
(II) Resubmission.--If the
[Assistant Secretary] Under
Secretary does not approve a
proposed definition of ``low-
cost broadband service option''
submitted by an eligible entity
under clause (i), the
[Assistant Secretary] Under
Secretary shall--
(aa) notify the
eligible entity and
provide the eligible
entity with an
opportunity to resubmit
the final proposal, as
provided in subsection
(e)(4), with an
improved definition of
``low-cost broadband
service option''; and
(bb) provide the
eligible entity with
instructions on how to
cure the defects in the
proposed definition.
(iv) Public disclosure.--After the
[Assistant Secretary] Under Secretary
approves the final proposal of an
eligible entity under subsection
(e)(4), and before the [Assistant
Secretary] Under Secretary disburses
any funds to the eligible entity based
on that approval, the [Assistant
Secretary] Under Secretary shall
publicly disclose the eligible entity's
definition of ``low-cost broadband
service option''.
(C) Nonperformance.--The [Assistant
Secretary] Under Secretary shall develop
procedures under which the [Assistant
Secretary] Under Secretary or an eligible
entity may--
(i) evaluate the compliance of a
subgrantee with the requirement under
paragraph (4)(B); and
(ii) take corrective action,
including recoupment of funds from the
subgrantee, for noncompliance with the
requirement under paragraph (4)(B).
(D) No regulation of rates permitted.--
Nothing in this title may be construed to
authorize the [Assistant Secretary] Under
Secretary or the National Telecommunications
and Information Administration to regulate the
rates charged for broadband service.
(E) Guidance.--The [Assistant Secretary]
Under Secretary may issue guidance to eligible
entities to carry out the purposes of this
paragraph.
(6) Return of funds.--An entity that receives a
subgrant from an eligible entity under subsection (f)
and fails to comply with any requirement under this
subsection shall return up to the entire amount of the
subgrant to the eligible entity, at the discretion of
the eligible entity or the [Assistant Secretary] Under
Secretary.
(i) Regulations.--The [Assistant Secretary] Under Secretary
may issue such regulations or other guidance, forms,
instructions, and publications as may be necessary or
appropriate to carry out the programs, projects, or activities
authorized under this section, including to ensure that those
programs, projects, or activities are completed in a timely and
effective manner.
(j) Reporting.--
(1) Eligible entities.--
(A) Initial report.--Not later than 90 days
after receiving grant funds under this section,
for the sole purposes of providing transparency
and providing information to inform future
Federal broadband planning, an eligible entity
shall submit to the [Assistant Secretary] Under
Secretary a report that--
(i) describes the planned and actual
use of funds;
(ii) describes the planned and actual
process of subgranting;
(iii) identifies the establishment of
appropriate mechanisms by the eligible
entity to ensure that all subgrantees
of the eligible entity comply with the
eligible uses prescribed under
subsection (f); and
(iv) includes any other information
required by the [Assistant Secretary]
Under Secretary.
(B) Semiannual report.--Not later than 1 year
after receiving grant funds under this section,
and semiannually thereafter until the funds
have been expended, an eligible entity shall
submit to the [Assistant Secretary] Under
Secretary a report, with respect to the 6-month
period immediately preceding the report date,
that--
(i) describes how the eligible entity
expended the grant funds;
(ii) describes each service provided
with the grant funds;
(iii) describes the number of
locations at which broadband service
was made available using the grant
funds, and the number of those
locations at which broadband service
was utilized; and
(iv) certifies that the eligible
entity complied with the requirements
of this section and with any additional
reporting requirements prescribed by
the [Assistant Secretary] Under
Secretary.
(C) Final report.--Not later than 1 year
after an eligible entity has expended all grant
funds received under this section, the eligible
entity shall submit to the [Assistant
Secretary] Under Secretary a report that--
(i) describes how the eligible entity
expended the funds;
(ii) describes each service provided
with the grant funds;
(iii) describes the number of
locations at which broadband service
was made available using the grant
funds, and the number of those
locations at which broadband service
was utilized;
(iv) includes each report that the
eligible entity received from a
subgrantee under paragraph (2); and
(v) certifies that the eligible
entity complied with the requirements
of this section and with any additional
reporting requirements prescribed by
the [Assistant Secretary] Under
Secretary.
(D) Provision to fcc and usda.--Subject to
section 904(b)(2) of division FF of the
Consolidated Appropriations Act, 2021 (Public
Law 116-260) (relating to an interagency
agreement), the [Assistant Secretary] Under
Secretary shall coordinate with the Commission
and the Department of Agriculture, including
providing the final reports received under
subparagraph (C) to the Commission and the
Department of Agriculture to be used when
determining whether to award funds for the
deployment of broadband under any program
administered by those agencies.
(E) Federal agency reporting requirement.--
(i) Definitions.--In this
subparagraph, the terms ``agency'' and
``Federal broadband support program''
have the meanings given those terms in
section 903 of division FF of the
Consolidated Appropriations Act, 2021
(Public Law 116-260) (also known as the
``ACCESS BROADBAND Act'').
(ii) Requirement.--An agency that
offers a Federal broadband support
program shall provide data to the
[Assistant Secretary] Under Secretary,
in a manner and format prescribed by
the [Assistant Secretary] Under
Secretary, to promote coordination of
efforts to track construction and use
of broadband infrastructure.
(2) Subgrantees.--
(A) Semiannual report.--The recipient of a
subgrant from an eligible entity under this
section shall submit to the eligible entity a
semiannual report for the duration of the
subgrant to track the effectiveness of the use
of funds provided.
(B) Contents.--Each report submitted under
subparagraph (A) shall--
(i) describe each type of project
carried out using the subgrant and the
duration of the subgrant;
(ii) in the case of a broadband
infrastructure project--
(I) include a list of
addresses or locations that
constitute the service
locations that will be served
by the broadband infrastructure
to be constructed;
(II) identify whether each
address or location described
in subclause (I) is
residential, commercial, or a
community anchor institution;
(III) describe the types of
facilities that have been
constructed and installed;
(IV) describe the peak and
off-peak actual speeds of the
broadband service being
offered;
(V) describe the maximum
advertised speed of the
broadband service being
offered;
(VI) describe the non-
promotional prices, including
any associated fees, charged
for different tiers of
broadband service being
offered;
(VII) include any other data
that would be required to
comply with the data and
mapping collection standards of
the Commission under section
1.7004 of title 47, Code of
Federal Regulations, or any
successor regulation, for
broadband infrastructure
projects; and
(VIII) comply with any other
reasonable reporting
requirements determined by the
eligible entity or the
[Assistant Secretary] Under
Secretary; and
(iii) certify that the information in
the report is accurate.
(3) Standardization and coordination.--The [Assistant
Secretary] Under Secretary and the Commission shall
collaborate to--
(A) standardize and coordinate reporting of
locations at which broadband service was
provided using grant funds received under this
section in accordance with title VIII of the
Communications Act of 1934 (47 U.S.C. 641 et
seq.); and
(B) provide a standardized methodology to
recipients of grants and subgrantees under this
section for reporting the information described
in subparagraph (A).
(4) Information on broadband subsidies and low-income
plans.--
(A) Establishment of website.--Not later than
2 years after the date of enactment of this
Act, the [Assistant Secretary] Under Secretary,
in consultation with the Commission, shall
establish a publicly available website that--
(i) allows a consumer to determine,
based on financial information entered
by the consumer, whether the consumer
is eligible--
(I) to receive a Federal or
State subsidy with respect to
broadband service; or
(II) for a low-income plan
with respect to broadband
service; and
(ii) contains information regarding
how to apply for the applicable benefit
described in clause (i).
(B) Provision of data.--A Federal entity,
State entity receiving Federal funds, or
provider of broadband service that offers a
subsidy or low-income plan, as applicable, with
respect to broadband service shall provide data
to the [Assistant Secretary] Under Secretary in
a manner and format as established by the
[Assistant Secretary] Under Secretary as
necessary for the [Assistant Secretary] Under
Secretary to carry out subparagraph (A).
(k) Relation to Other Public Funding.--Notwithstanding any
other provision of law--
(1) an entity that has received amounts from the
Federal Government or a State or local government for
the purpose of expanding access to broadband service
may receive a subgrant under subsection (f) in
accordance with this section; and
(2) the receipt of a subgrant under subsection (f) by
an entity described in paragraph (1) of this subsection
shall not affect the eligibility of the entity to
receive the amounts from the Federal Government or a
State or local government described in that paragraph.
(l) Supplement Not Supplant.--Grant funds awarded to an
eligible entity under this section shall be used to supplement,
and not supplant, the amounts that the eligible entity would
otherwise make available for the purposes for which the grant
funds may be used.
(m) Sense of Congress Regarding Federal Agency
Coordination.--It is the sense of Congress that Federal
agencies responsible for supporting broadband deployment,
including the Commission, the Department of Commerce, and the
Department of Agriculture, to the extent possible, should align
the goals, application and reporting processes, and project
requirements with respect to broadband deployment supported by
those agencies.
(n) Judicial Review.--
(1) In general.--The United States District Court for
the District of Columbia shall have exclusive
jurisdiction to review a decision of the [Assistant
Secretary] Under Secretary made under this section.
(2) Standard of review.--In carrying out any review
described in paragraph (1), the court shall affirm the
decision of the [Assistant Secretary] Under Secretary
unless--
(A) the decision was procured by corruption,
fraud, or undue means;
(B) there was actual partiality or corruption
in the [Assistant Secretary] Under Secretary;
or
(C) the [Assistant Secretary] Under Secretary
was guilty of--
(i) misconduct in refusing to review
the administrative record; or
(ii) any other misbehavior by which
the rights of any party have been
prejudiced.
(o) Exemption From Certain Laws.--Any action taken or
decision made by the [Assistant Secretary] Under Secretary
under this section shall be exempt from the requirements of--
(1) section 3506 of title 44, United States Code
(commonly referred to as the ``Paperwork Reduction
Act'');
(2) chapter 5 or 7 of title 5, United States Code
(commonly referred to as the ``Administrative
Procedures Act''); and
(3) chapter 6 of title 5, United States Code
(commonly referred to as the ``Regulatory Flexibility
Act'').
* * * * * * *
TITLE III--DIGITAL EQUITY ACT OF 2021
SEC. 60301. SHORT TITLE.
This title may be cited as the ``Digital Equity Act of
2021''.
SEC. 60302. DEFINITIONS.
In this title:
(1) Adoption of broadband.--The term ``adoption of
broadband'' means the process by which an individual
obtains daily access to the internet--
(A) at a speed, quality, and capacity--
(i) that is necessary for the
individual to accomplish common tasks;
and
(ii) such that the access qualifies
as an advanced telecommunications
capability;
(B) with the digital skills that are
necessary for the individual to participate
online; and
(C) on a--
(i) personal device; and
(ii) secure and convenient network.
(2) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the
meaning given the term in section 706(d) of the
Telecommunications Act of 1996 (47 U.S.C. 1302(d)).
(3) Aging individual.--The term ``aging individual''
has the meaning given the term ``older individual'' in
section 102 of the Older Americans Act of 1965 (42
U.S.C. 3002).
(4) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Appropriations of the
Senate;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Appropriations of the
House of Representatives; and
(D) the Committee on Energy and Commerce of
the House of Representatives.
(5) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(6) Community anchor institution.--The term
``community anchor institution'' means a public school,
a public or multi-family housing authority, a library,
a medical or healthcare provider, a community college
or other institution of higher education, a State
library agency, and any other nonprofit or governmental
community support organization.
(7) Covered household.--The term ``covered
household'' means a household, the income of which for
the most recently completed year is not more than 150
percent of an amount equal to the poverty level, as
determined by using criteria of poverty established by
the Bureau of the Census.
(8) Covered populations.--The term ``covered
populations'' means--
(A) individuals who live in covered
households;
(B) aging individuals;
(C) incarcerated individuals, other than
individuals who are incarcerated in a Federal
correctional facility;
(D) veterans;
(E) individuals with disabilities;
(F) individuals with a language barrier,
including individuals who--
(i) are English learners; and
(ii) have low levels of literacy;
(G) individuals who are members of a racial
or ethnic minority group; and
(H) individuals who primarily reside in a
rural area.
(9) Covered programs.--The term ``covered programs''
means the State Digital Equity Capacity Grant Program
established under section 60304 and the Digital Equity
Competitive Grant Program established under section
60305.
(10) Digital equity.--The term ``digital equity''
means the condition in which individuals and
communities have the information technology capacity
that is needed for full participation in the society
and economy of the United States.
(11) Digital inclusion.--The term ``digital
inclusion''--
(A) means the activities that are necessary
to ensure that all individuals in the United
States have access to, and the use of,
affordable information and communication
technologies, such as--
(i) reliable fixed and wireless
broadband internet service;
(ii) internet-enabled devices that
meet the needs of the user; and
(iii) applications and online content
designed to enable and encourage self-
sufficiency, participation, and
collaboration; and
(B) includes--
(i) obtaining access to digital
literacy training;
(ii) the provision of quality
technical support; and
(iii) obtaining basic awareness of
measures to ensure online privacy and
cybersecurity.
(12) Digital literacy.--The term ``digital literacy''
means the skills associated with using technology to
enable users to find, evaluate, organize, create, and
communicate information.
(13) Disability.--The term ``disability'' has the
meaning given the term in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102).
(14) Eligible state.--The term ``eligible State''
means--
(A) with respect to planning grants made
available under section 60304(c)(3), a State
with respect to which the [Assistant Secretary]
Under Secretary has approved an application
submitted to the [Assistant Secretary] Under
Secretary under section 60304(c)(3)(C); and
(B) with respect to capacity grants awarded
under section 60304(d), a State with respect to
which the [Assistant Secretary] Under Secretary
has approved an application submitted to the
[Assistant Secretary] Under Secretary under
section 60304(d)(2), including approval of the
State Digital Equity Plan developed by the
State under section 60304(c).
(15) Gender identity.--The term ``gender identity''
has the meaning given the term in section 249(c) of
title 18, United States Code.
(16) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4(e) of the Indian
Self-Determination and Education Assistance Act (25
U.S.C. 5304(e)).
(17) Institution of higher education.--The term
``institution of higher education''--
(A) has the meaning given the term in section
101 of the Higher Education Act of 1965 (20
U.S.C. 1001); and
(B) includes a postsecondary vocational
institution.
(18) Local educational agency.--The term ``local
educational agency'' has the meaning given the term in
section 8101(30) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(30)).
(19) Postsecondary vocational institution.--The term
``postsecondary vocational institution'' has the
meaning given the term in section 102(c) of the Higher
Education Act of 1965 (20 U.S.C. 1002(c)).
(20) Rural area.--The term ``rural area'' has the
meaning given the term in section 601(b)(3) of the
Rural Electrification Act of 1936 (7 U.S.C.
950bb(b)(3)).
(21) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia; and
(C) the Commonwealth of Puerto Rico.
(22) Veteran.--The term ``veteran'' has the meaning
given the term in section 101 of title 38, United
States Code.
(23) Workforce development program.--The term
``workforce development program'' has the meaning given
the term in section 3(66) of the Workforce Innovation
and Opportunity Act (29 U.S.C. 3102(66)).
* * * * * * *
SEC. 60304. STATE DIGITAL EQUITY CAPACITY GRANT PROGRAM.
(a) Establishment; Purpose.--
(1) In general.--The [Assistant Secretary] Under
Secretary shall establish in the Department of Commerce
the State Digital Equity Capacity Grant Program
(referred to in this section as the ``Program'')--
(A) the purpose of which is to promote the
achievement of digital equity, support digital
inclusion activities, and build capacity for
efforts by States relating to the adoption of
broadband by residents of those States;
(B) through which the [Assistant Secretary]
Under Secretary shall make grants to States in
accordance with the requirements of this
section; and
(C) which shall ensure that States have the
capacity to promote the achievement of digital
equity and support digital inclusion
activities.
(2) Consultation with other federal agencies; no
conflict.--In establishing the Program under paragraph
(1), the [Assistant Secretary] Under Secretary shall--
(A) consult with--
(i) the Secretary of Agriculture;
(ii) the Secretary of Housing and
Urban Development;
(iii) the Secretary of Education;
(iv) the Secretary of Labor;
(v) the Secretary of Health and Human
Services;
(vi) the Secretary of Veterans
Affairs;
(vii) the Secretary of the Interior;
(viii) the Federal Communications
Commission;
(ix) the Federal Trade Commission;
(x) the Director of the Institute of
Museum and Library Services;
(xi) the Administrator of the Small
Business Administration;
(xii) the Federal Co-Chair of the
Appalachian Regional Commission; and
(xiii) the head of any other agency
that the [Assistant Secretary] Under
Secretary determines to be appropriate;
and
(B) ensure that the Program complements and
enhances, and does not conflict with, other
Federal broadband initiatives and programs.
(b) Administering Entity.--
(1) Selection; function.--The governor (or equivalent
official) of a State that wishes to be awarded a grant
under this section shall, from among entities that are
eligible under paragraph (2), select an administering
entity for that State, which shall--
(A) serve as the recipient of, and
administering agent for, any grant awarded to
the State under this section;
(B) develop, implement, and oversee the State
Digital Equity Plan for the State described in
subsection (c);
(C) make subgrants to any entity described in
subsection (c)(1)(D) that is located in the
State in support of--
(i) the State Digital Equity Plan for
the State; and
(ii) digital inclusion activities in
the State generally; and
(D) serve as--
(i) an advocate for digital equity
policy and digital inclusion
activities; and
(ii) a repository of best practice
materials regarding the policies and
activities described in clause (i).
(2) Eligible entities.--Any of the following entities
may serve as the administering entity for a State for
the purposes of this section if the entity has
demonstrated a capacity to administer the Program on a
statewide level:
(A) The State, a political subdivision,
agency, or instrumentality of the State, an
Indian Tribe located in the State, an Alaska
Native entity located in the State, or a Native
Hawaiian organization located in the State.
(B) A foundation, corporation, institution,
association, or coalition that is--
(i) a not-for-profit entity;
(ii) providing services in the State;
and
(iii) not a school.
(C) A community anchor institution, other
than a school, that is located in the State.
(D) A local educational agency that is
located in the State.
(E) An entity located in the State that
carries out a workforce development program.
(F) An agency of the State that is
responsible for administering or supervising
adult education and literacy activities in the
State.
(G) A public or multi-family housing
authority that is located in the State.
(H) A partnership between any of the entities
described in subparagraphs (A) through (G).
(c) State Digital Equity Plan.--
(1) Development; contents.--A State that wishes to be
awarded a grant under subsection (d) shall develop a
State Digital Equity Plan for the State, which shall
include--
(A) the identification of the barriers to
digital equity faced by covered populations in
the State;
(B) measurable objectives for documenting and
promoting, among each group described in
subparagraphs (A) through (H) of section
60302(8) located in that State--
(i) the availability of, and
affordability of access to, fixed and
wireless broadband technology;
(ii) the online accessibility and
inclusivity of public resources and
services;
(iii) digital literacy;
(iv) awareness of, and the use of,
measures to secure the online privacy
of, and cybersecurity with respect to,
an individual; and
(v) the availability and
affordability of consumer devices and
technical support for those devices;
(C) an assessment of how the objectives
described in subparagraph (B) will impact and
interact with the State's--
(i) economic and workforce
development goals, plans, and outcomes;
(ii) educational outcomes;
(iii) health outcomes;
(iv) civic and social engagement; and
(v) delivery of other essential
services;
(D) in order to achieve the objectives
described in subparagraph (B), a description of
how the State plans to collaborate with key
stakeholders in the State, which may include--
(i) community anchor institutions;
(ii) county and municipal
governments;
(iii) local educational agencies;
(iv) where applicable, Indian Tribes,
Alaska Native entities, or Native
Hawaiian organizations;
(v) nonprofit organizations;
(vi) organizations that represent--
(I) individuals with
disabilities, including
organizations that represent
children with disabilities;
(II) aging individuals;
(III) individuals with
language barriers, including--
(aa) individuals who
are English learners;
and
(bb) individuals who
have low levels of
literacy;
(IV) veterans; and
(V) individuals in that State
who are incarcerated in
facilities other than Federal
correctional facilities;
(vii) civil rights organizations;
(viii) entities that carry out
workforce development programs;
(ix) agencies of the State that are
responsible for administering or
supervising adult education and
literacy activities in the State;
(x) public housing authorities in the
State; and
(xi) a partnership between any of the
entities described in clauses (i)
through (x); and
(E) a list of organizations with which the
administering entity for the State collaborated
in developing and implementing the Plan.
(2) Public availability.--
(A) In general.--The administering entity for
a State shall make the State Digital Equity
Plan of the State available for public comment
for a period of not less than 30 days before
the date on which the State submits an
application to the [Assistant Secretary] Under
Secretary under subsection (d)(2).
(B) Consideration of comments received.--The
administering entity for a State shall, with
respect to an application submitted to the
[Assistant Secretary] Under Secretary under
subsection (d)(2)--
(i) before submitting the
application--
(I) consider all comments
received during the comment
period described in
subparagraph (A) with respect
to the application (referred to
in this subparagraph as the
``comment period''); and
(II) make any changes to the
plan that the administering
entity determines to be
worthwhile; and
(ii) when submitting the
application--
(I) describe any changes
pursued by the administering
entity in response to comments
received during the comment
period; and
(II) include a written
response to each comment
received during the comment
period.
(3) Planning grants.--
(A) In general.--Beginning in the first
fiscal year that begins after the date of
enactment of this Act, the [Assistant
Secretary] Under Secretary shall, in accordance
with the requirements of this paragraph, award
planning grants to States for the purpose of
developing the State Digital Equity Plans of
those States under this subsection.
(B) Eligibility.--In order to be awarded a
planning grant under this paragraph, a State--
(i) shall submit to the [Assistant
Secretary] Under Secretary an
application under subparagraph (C); and
(ii) may not have been awarded, at
any time, a planning grant under this
paragraph.
(C) Application.--A State that wishes to be
awarded a planning grant under this paragraph
shall, not later than 60 days after the date on
which the notice of funding availability with
respect to the grant is released, submit to the
[Assistant Secretary] Under Secretary an
application, in a format to be determined by
the [Assistant Secretary] Under Secretary, that
contains the following materials:
(i) A description of the entity
selected to serve as the administering
entity for the State, as described in
subsection (b).
(ii) A certification from the State
that, not later than 1 year after the
date on which the [Assistant Secretary]
Under Secretary awards the planning
grant to the State, the administering
entity for that State shall develop a
State Digital Equity Plan under this
subsection, which--
(I) the administering entity
shall submit to the [Assistant
Secretary] Under Secretary; and
(II) shall comply with the
requirements of this
subsection, including the
requirement under paragraph
(2)(B).
(iii) The assurances required under
subsection (e).
(D) Awards.--
(i) Amount of grant.--A planning
grant awarded to an eligible State
under this paragraph shall be
determined according to the formula
under subsection (d)(3)(A)(i).
(ii) Duration.--
(I) In general.--Except as
provided in subclause (II),
with respect to a planning
grant awarded to an eligible
State under this paragraph, the
State shall expend the grant
funds during the 1-year period
beginning on the date on which
the State is awarded the grant
funds.
(II) Exception.--The
[Assistant Secretary] Under
Secretary may grant an
extension of not longer than
180 days with respect to the
requirement under subclause
(I).
(iii) Challenge mechanism.--The
[Assistant Secretary] Under Secretary
shall ensure that any eligible State to
which a planning grant is awarded under
this paragraph may appeal or otherwise
challenge in a timely fashion the
amount of the grant awarded to the
State, as determined under clause (i).
(E) Use of funds.--An eligible State to which
a planning grant is awarded under this
paragraph shall, through the administering
entity for that State, use the grant funds only
for the following purposes:
(i) To develop the State Digital
Equity Plan of the State under this
subsection.
(ii)(I) Subject to subclause (II), to
make subgrants to any of the entities
described in paragraph (1)(D) to assist
in the development of the State Digital
Equity Plan of the State under this
subsection.
(II) If the administering
entity for a State makes a
subgrant described in subclause
(I), the administering entity
shall, with respect to the
subgrant, provide to the State
the assurances required under
subsection (e).
(d) State Capacity Grants.--
(1) In general.--Beginning not later than 2 years
after the date on which the [Assistant Secretary] Under
Secretary begins awarding planning grants under
subsection (c)(3), the [Assistant Secretary] Under
Secretary shall each year award grants to eligible
States to support--
(A) the implementation of the State Digital
Equity Plans of those States; and
(B) digital inclusion activities in those
States.
(2) Application.--A State that wishes to be awarded a
grant under this subsection shall, not later than 60
days after the date on which the notice of funding
availability with respect to the grant is released,
submit to the [Assistant Secretary] Under Secretary an
application, in a format to be determined by the
[Assistant Secretary] Under Secretary, that contains
the following materials:
(A) A description of the entity selected to
serve as the administering entity for the
State, as described in subsection (b).
(B) The State Digital Equity Plan of that
State, as described in subsection (c).
(C) A certification that the State, acting
through the administering entity for the State,
shall--
(i) implement the State Digital
Equity Plan of the State; and
(ii) make grants in a manner that is
consistent with the aims of the Plan
described in clause (i).
(D) The assurances required under subsection
(e).
(E) In the case of a State to which the
[Assistant Secretary] Under Secretary has
previously awarded a grant under this
subsection, any amendments to the State Digital
Equity Plan of that State, as compared with the
State Digital Equity Plan of the State
previously submitted.
(3) Awards.--
(A) Amount of grant.--
(i) Formula.--Subject to clauses
(ii), (iii), and (iv), the [Assistant
Secretary] Under Secretary shall
calculate the amount of a grant awarded
to an eligible State under this
subsection in accordance with the
following criteria, using the best
available data for all States for the
fiscal year in which the grant is
awarded:
(I) 50 percent of the total
grant amount shall be based on
the population of the eligible
State in proportion to the
total population of all
eligible States.
(II) 25 percent of the total
grant amount shall be based on
the number of individuals in
the eligible State who are
members of covered populations
in proportion to the total
number of individuals in all
eligible States who are members
of covered populations.
(III) 25 percent of the total
grant amount shall be based on
the comparative lack of
availability and adoption of
broadband in the eligible State
in proportion to the lack of
availability and adoption of
broadband of all eligible
States, which shall be
determined according to data
collected from--
(aa) the annual
inquiry of the Federal
Communications
Commission conducted
under section 706(b) of
the Telecommunications
Act of 1996 (47 U.S.C.
1302(b));
(bb) the American
Community Survey or, if
necessary, other data
collected by the Bureau
of the Census;
(cc) the NTIA
Internet Use Survey,
which is administered
as the Computer and
Internet Use Supplement
to the Current
Population Survey of
the Bureau of the
Census; and
(dd) any other source
that the [Assistant
Secretary] Under
Secretary, after
appropriate notice and
opportunity for public
comment, determines to
be appropriate.
(ii) Minimum award.--The amount of a
grant awarded to an eligible State
under this subsection in a fiscal year
shall be not less than 0.5 percent of
the total amount made available to
award grants to eligible States for
that fiscal year.
(iii) Additional amounts.--If, after
awarding planning grants to States
under subsection (c)(3) and capacity
grants to eligible States under this
subsection in a fiscal year, there are
amounts remaining to carry out this
section, the [Assistant Secretary]
Under Secretary shall distribute those
amounts--
(I) to eligible States to
which the [Assistant Secretary]
Under Secretary has awarded
grants under this subsection
for that fiscal year; and
(II) in accordance with the
formula described in clause
(i).
(iv) Data unavailable.--If, in a
fiscal year, the Commonwealth of Puerto
Rico (referred to in this clause as
``Puerto Rico'') is an eligible State
and specific data for Puerto Rico is
unavailable for a factor described in
subclause (I), (II), or (II) of clause
(i), the [Assistant Secretary] Under
Secretary shall use the median data
point with respect to that factor among
all eligible States and assign it to
Puerto Rico for the purposes of making
any calculation under that clause for
that fiscal year.
(B) Duration.--With respect to a grant
awarded to an eligible State under this
subsection, the eligible State shall expend the
grant funds during the 5-year period beginning
on the date on which the eligible State is
awarded the grant funds.
(C) Challenge mechanism.--The [Assistant
Secretary] Under Secretary shall ensure that
any eligible State to which a grant is awarded
under this subsection may appeal or otherwise
challenge in a timely fashion the amount of the
grant awarded to the State, as determined under
subparagraph (A).
(D) Use of funds.--The administering entity
for an eligible State to which a grant is
awarded under this subsection shall use the
grant amounts for the following purposes:
(i)(I) Subject to subclause (II), to
update or maintain the State Digital
Equity Plan of the State.
(II) An administering entity
for an eligible State to which
a grant is awarded under this
subsection may use not more
than 20 percent of the amount
of the grant for the purpose
described in subclause (I).
(ii) To implement the State Digital
Equity Plan of the State.
(iii)(I) Subject to subclause (II),
to award a grant to any entity that is
described in section 60305(b) and is
located in the eligible State in order
to--
(aa) assist in the
implementation of the
State Digital Equity
Plan of the State;
(bb) pursue digital
inclusion activities in
the State consistent
with the State Digital
Equity Plan of the
State; and
(cc) report to the
State regarding the
digital inclusion
activities of the
entity.
(II) Before an administering
entity for an eligible State
may award a grant under
subclause (I), the
administering entity shall
require the entity to which the
grant is awarded to certify
that--
(aa) the entity shall
carry out the
activities required
under items (aa), (bb),
and (cc) of that
subclause;
(bb) the receipt of
the grant shall not
result in unjust
enrichment of the
entity; and
(cc) the entity shall
cooperate with any
evaluation--
(AA) of any
program that
relates to a
grant awarded
to the entity;
and
(BB) that is
carried out by
or for the
administering
entity, the
[Assistant
Secretary]
Under
Secretary, or
another Federal
official.
(iv)(I) Subject to subclause (II), to
evaluate the efficacy of the efforts
funded by grants made under clause
(iii).
(II) An administering entity
for an eligible State to which
a grant is awarded under this
subsection may use not more
than 5 percent of the amount of
the grant for a purpose
described in subclause (I).
(v)(I) Subject to subclause (II), for
the administrative costs incurred in
carrying out the activities described
in clauses (i) through (iv).
(II) An administering entity
for an eligible State to which
a grant is awarded under this
subsection may use not more
than 3 percent of the amount of
the grant for a purpose
described in subclause (I).
(e) Assurances.--When applying for a grant under this
section, a State shall include in the application for that
grant assurances that--
(1) if an entity described in section 60305(b) is
awarded grant funds under this section (referred to in
this subsection as a ``covered recipient''), provide
that--
(A) the covered recipient shall use the grant
funds in accordance with any applicable
statute, regulation, and application procedure;
(B) the administering entity for that State
shall adopt and use proper methods of
administering any grant that the covered
recipient is awarded, including by--
(i) enforcing any obligation imposed
under law on any agency, institution,
organization, or other entity that is
responsible for carrying out the
program to which the grant relates;
(ii) correcting any deficiency in the
operation of a program to which the
grant relates, as identified through an
audit or another monitoring or
evaluation procedure; and
(iii) adopting written procedures for
the receipt and resolution of
complaints alleging a violation of law
with respect to a program to which the
grant relates; and
(C) the administering entity for that State
shall cooperate in carrying out any
evaluation--
(i) of any program that relates to a
grant awarded to the covered recipient;
and
(ii) that is carried out by or for
the [Assistant Secretary] Under
Secretary or another Federal official;
(2) the administering entity for that State shall--
(A) use fiscal control and fund accounting
procedures that ensure the proper disbursement
of, and accounting for, any Federal funds that
the State is awarded under this section;
(B) submit to the [Assistant Secretary] Under
Secretary any reports that may be necessary to
enable the [Assistant Secretary] Under
Secretary to perform the duties of the
[Assistant Secretary] Under Secretary under
this section;
(C) maintain any records and provide any
information to the [Assistant Secretary] Under
Secretary, including those records, that the
[Assistant Secretary] Under Secretary
determines is necessary to enable the
[Assistant Secretary] Under Secretary to
perform the duties of the [Assistant Secretary]
Under Secretary under this section; and
(D) with respect to any significant proposed
change or amendment to the State Digital Equity
Plan for the State, make the change or
amendment available for public comment in
accordance with subsection (c)(2); and
(3) the State, before submitting to the [Assistant
Secretary] Under Secretary the State Digital Equity
Plan of the State, has complied with the requirements
of subsection (c)(2).
(f) Termination of Grant.--
(1) In general.--The [Assistant Secretary] Under
Secretary shall terminate a grant awarded to an
eligible State under this section if, after notice to
the State and opportunity for a hearing, the [Assistant
Secretary] Under Secretary--
(A) presents to the State a rationale and
supporting information that clearly
demonstrates that--
(i) the grant funds are not
contributing to the development or
execution of the State Digital Equity
Plan of the State, as applicable; and
(ii) the State is not upholding
assurances made by the State to the
[Assistant Secretary] Under Secretary
under subsection (e); and
(B) determines that the grant is no longer
necessary to achieve the original purpose for
which [Assistant Secretary] Under Secretary
awarded the grant.
(2) Redistribution.--If the [Assistant Secretary]
Under Secretary, in a fiscal year, terminates a grant
under paragraph (1), the [Assistant Secretary] Under
Secretary shall redistribute the unspent grant
amounts--
(A) to eligible States to which the
[Assistant Secretary] Under Secretary has
awarded grants under subsection (d) for that
fiscal year; and
(B) in accordance with the formula described
in subsection (d)(3)(A)(i).
(g) Reporting and Information Requirements; Internet
Disclosure.--The [Assistant Secretary] Under Secretary--
(1) shall--
(A) require any entity to which a grant,
including a subgrant, is awarded under this
section to publicly report, for each year
during the period described in subsection
(c)(3)(D)(ii) or (d)(3)(B), as applicable, with
respect to the grant, and in a format specified
by the [Assistant Secretary] Under Secretary,
on--
(i) the use of that grant by the
entity;
(ii) the progress of the entity
towards fulfilling the objectives for
which the grant was awarded; and
(iii) the implementation of the State
Digital Equity Plan of the State;
(B) establish appropriate mechanisms to
ensure that each eligible State to which a
grant is awarded under this section--
(i) uses the grant amounts in an
appropriate manner; and
(ii) complies with all terms with
respect to the use of the grant
amounts; and
(C) create and maintain a fully searchable
database, which shall be accessible on the
internet at no cost to the public, that
contains, at a minimum--
(i) the application of each State
that has applied for a grant under this
section;
(ii) the status of each application
described in clause (i);
(iii) each report submitted by an
entity under subparagraph (A);
(iv) a record of public comments made
regarding the State Digital Equity Plan
of a State, as well as any written
responses to or actions taken as a
result of those comments; and
(v) any other information that is
sufficient to allow the public to
understand and monitor grants awarded
under this section; and
(2) may establish additional reporting and
information requirements for any recipient of a grant
under this section.
(h) Supplement Not Supplant.--A grant or subgrant awarded
under this section shall supplement, not supplant, other
Federal or State funds that have been made available to carry
out activities described in this section.
(i) Set Asides.--From amounts made available in a fiscal year
to carry out the Program, the [Assistant Secretary] Under
Secretary shall reserve--
(1) not more than 5 percent for the implementation
and administration of the Program, which shall
include--
(A) providing technical support and
assistance, including ensuring consistency in
data reporting;
(B) providing assistance to--
(i) States, or administering entities
for States, to prepare the applications
of those States; and
(ii) administering entities with
respect to grants awarded under this
section; and
(C) developing the report required under
section 60306(a);
(2) not less than 5 percent to award grants to, or
enter into contracts or cooperative agreements with,
Indian Tribes, Alaska Native entities, and Native
Hawaiian organizations to allow those tribes, entities,
and organizations to carry out the activities described
in this section; and
(3) not less than 1 percent to award grants to, or
enter into contracts or cooperative agreements with,
the United States Virgin Islands, Guam, American Samoa,
the Commonwealth of the Northern Mariana Islands, and
any other territory or possession of the United States
that is not a State to enable those entities to carry
out the activities described in this section.
(j) Rules.--The [Assistant Secretary] Under Secretary may
prescribe such rules as may be necessary to carry out this
section.
(k) Authorization of Appropriations.--There are authorized to
be appropriated--
(1) $60,000,000 for the award of grants under
subsection (c)(3), which shall remain available until
expended;
(2) for the award of grants under subsection (d)--
(A) $240,000,000 for fiscal year 2022; and
(B) $300,000,000 for each of fiscal years
2023 through 2026; and
(3) such sums as may be necessary to carry out this
section for each fiscal year after the end of the 5-
fiscal year period described in paragraph (2).
SEC. 60305. DIGITAL EQUITY COMPETITIVE GRANT PROGRAM.
(a) Establishment.--
(1) In general.--Not later than 30 days after the
date on which the [Assistant Secretary] Under Secretary
begins awarding grants under section 60304(d), and not
before that date, the [Assistant Secretary] Under
Secretary shall establish in the Department of Commerce
the Digital Equity Competitive Grant Program (referred
to in this section as the ``Program''), the purpose of
which is to award grants to support efforts to achieve
digital equity, promote digital inclusion activities,
and spur greater adoption of broadband among covered
populations.
(2) Consultation; no conflict.--In establishing the
Program under paragraph (1), the [Assistant Secretary]
Under Secretary--
(A) may consult a State with respect to--
(i) the identification of groups
described in subparagraphs (A) through
(H) of section 60302(8) located in that
State; and
(ii) the allocation of grant funds
within that State for projects in or
affecting the State; and
(B) shall--
(i) consult with--
(I) the Secretary of
Agriculture;
(II) the Secretary of Housing
and Urban Development;
(III) the Secretary of
Education;
(IV) the Secretary of Labor;
(V) the Secretary of Health
and Human Services;
(VI) the Secretary of
Veterans Affairs;
(VII) the Secretary of the
Interior;
(VIII) the Federal
Communications Commission;
(IX) the Federal Trade
Commission;
(X) the Director of the
Institute of Museum and Library
Services;
(XI) the Administrator of the
Small Business Administration;
(XII) the Federal Co-Chair of
the Appalachian Regional
Commission; and
(XIII) the head of any other
agency that the [Assistant
Secretary] Under Secretary
determines to be appropriate;
and
(ii) ensure that the Program
complements and enhances, and does not
conflict with, other Federal broadband
initiatives and programs.
(b) Eligibility.--The [Assistant Secretary] Under Secretary
may award a grant under the Program to any of the following
entities if the entity is not serving, and has not served, as
the administering entity for a State under section 60304(b):
(1) A political subdivision, agency, or
instrumentality of a State, including an agency of a
State that is responsible for administering or
supervising adult education and literacy activities, or
for providing public housing, in the State.
(2) An Indian Tribe, an Alaska Native entity, or a
Native Hawaiian organization.
(3) A foundation, corporation, institution, or
association that is--
(A) a not-for-profit entity; and
(B) not a school.
(4) A community anchor institution.
(5) A local educational agency.
(6) An entity that carries out a workforce
development program.
(7) A partnership between any of the entities
described in paragraphs (1) through (6).
(8) A partnership between--
(A) an entity described in any of paragraphs
(1) through (6); and
(B) an entity that--
(i) the [Assistant Secretary] Under
Secretary, by rule, determines to be in
the public interest; and
(ii) is not a school.
(c) Application.--An entity that wishes to be awarded a grant
under the Program shall submit to the [Assistant Secretary]
Under Secretary an application--
(1) at such time, in such form, and containing such
information as the [Assistant Secretary] Under
Secretary may require; and
(2) that--
(A) provides a detailed explanation of how
the entity will use any grant amounts awarded
under the Program to carry out the purposes of
the Program in an efficient and expeditious
manner;
(B) identifies the period in which the
applicant will expend the grant funds awarded
under the Program;
(C) includes--
(i) a justification for the amount of
the grant that the applicant is
requesting; and
(ii) for each fiscal year in which
the applicant will expend the grant
funds, a budget for the activities that
the grant funds will support;
(D) demonstrates to the satisfaction of the
[Assistant Secretary] Under Secretary that the
entity--
(i) is capable of carrying out--
(I) the project or function
to which the application
relates; and
(II) the activities described
in subsection (h)--
(aa) in a competent
manner; and
(bb) in compliance
with all applicable
Federal, State, and
local laws; and
(ii) if the applicant is an entity
described in subsection (b)(1), shall
appropriate or otherwise
unconditionally obligate from non-
Federal sources funds that are
necessary to meet the requirements of
subsection (e);
(E) discloses to the [Assistant Secretary]
Under Secretary the source and amount of other
Federal, State, or outside funding sources from
which the entity receives, or has applied for,
funding for activities or projects to which the
application relates; and
(F) provides--
(i) the assurances that are required
under subsection (f); and
(ii) an assurance that the entity
shall follow such additional procedures
as the [Assistant Secretary] Under
Secretary may require to ensure that
grant funds are used and accounted for
in an appropriate manner.
(d) Award of Grants.--
(1) Factors considered in award of grants.--In
deciding whether to award a grant under the Program,
the [Assistant Secretary] Under Secretary shall, to the
extent practicable, consider--
(A) whether an application shall, if
approved--
(i) increase internet access and the
adoption of broadband among covered
populations to be served by the
applicant; and
(ii) not result in unjust enrichment;
(B) the comparative geographic diversity of
the application in relation to other eligible
applications; and
(C) the extent to which an application may
duplicate or conflict with another program.
(2) Use of funds.--
(A) In general.--In addition to the
activities required under subparagraph (B), an
entity to which the [Assistant Secretary] Under
Secretary awards a grant under the Program
shall use the grant amounts to support not less
than 1 of the following activities:
(i) To develop and implement digital
inclusion activities that benefit
covered populations.
(ii) To facilitate the adoption of
broadband by covered populations in
order to provide educational and
employment opportunities to those
populations.
(iii) To implement, consistent with
the purposes of this title--
(I) training programs for
covered populations that cover
basic, advanced, and applied
skills; or
(II) other workforce
development programs.
(iv) To make available equipment,
instrumentation, networking capability,
hardware and software, or digital
network technology for broadband
services to covered populations at low
or no cost.
(v) To construct, upgrade, expend, or
operate new or existing public access
computing centers for covered
populations through community anchor
institutions.
(vi) To undertake any other project
and activity that the [Assistant
Secretary] Under Secretary finds to be
consistent with the purposes for which
the Program is established.
(B) Evaluation.--
(i) In general.--An entity to which
the [Assistant Secretary] Under
Secretary awards a grant under the
Program shall use not more than 10
percent of the grant amounts to measure
and evaluate the activities supported
with the grant amounts.
(ii) Submission to [assistant
secretary] under secretary.--An entity
to which the [Assistant Secretary]
Under Secretary awards a grant under
the Program shall submit to the
[Assistant Secretary] Under Secretary
each measurement and evaluation
performed under clause (i)--
(I) in a manner specified by
the [Assistant Secretary] Under
Secretary;
(II) not later than 15 months
after the date on which the
entity is awarded the grant
amounts; and
(III) annually after the
submission described in
subclause (II) for any year in
which the entity expends grant
amounts.
(C) Administrative costs.--An entity to which
the [Assistant Secretary] Under Secretary
awards a grant under the Program may use not
more than 10 percent of the amount of the grant
for administrative costs in carrying out any of
the activities described in subparagraph (A).
(D) Time limitations.--With respect to a
grant awarded to an entity under the Program,
the entity--
(i) except as provided in clause
(ii), shall expend the grant amounts
during the 4-year period beginning on
the date on which the entity is awarded
the grant amounts; and
(ii) during the 1-year period
beginning on the date that is 4 years
after the date on which the entity is
awarded the grant amounts, may continue
to measure and evaluate the activities
supported with the grant amounts, as
required under subparagraph (B).
(e) Federal Share.--
(1) In general.--Except as provided in paragraph (2),
the Federal share of any project for which the
[Assistant Secretary] Under Secretary awards a grant
under the Program may not exceed 90 percent.
(2) Exception.--The [Assistant Secretary] Under
Secretary may grant a waiver with respect to the
limitation on the Federal share of a project described
in paragraph (1) if--
(A) the applicant with respect to the project
petitions the [Assistant Secretary] Under
Secretary for the waiver; and
(B) the [Assistant Secretary] Under Secretary
determines that the petition described in
subparagraph (A) demonstrates financial need.
(f) Assurances.--When applying for a grant under this
section, an entity shall include in the application for that
grant assurances that the entity shall--
(1) use any grant funds that the entity is awarded--
(A) in accordance with any applicable
statute, regulation, and application procedure;
and
(B) to the extent required under applicable
law;
(2) adopt and use proper methods of administering any
grant that the entity is awarded, including by--
(A) enforcing any obligation imposed under
law on any agency, institution, organization,
or other entity that is responsible for
carrying out a program to which the grant
relates;
(B) correcting any deficiency in the
operation of a program to which the grant
relates, as identified through an audit or
another monitoring or evaluation procedure; and
(C) adopting written procedures for the
receipt and resolution of complaints alleging a
violation of law with respect to a program to
which the grant relates;
(3) cooperate with respect to any evaluation--
(A) of any program that relates to a grant
awarded to the entity; and
(B) that is carried out by or for the
[Assistant Secretary] Under Secretary or
another Federal official;
(4) use fiscal control and fund accounting procedures
that ensure the proper disbursement of, and accounting
for, any Federal funds that the entity is awarded under
the Program;
(5) submit to the [Assistant Secretary] Under
Secretary any reports that may be necessary to enable
the [Assistant Secretary] Under Secretary to perform
the duties of the [Assistant Secretary] Under Secretary
under the Program; and
(6) maintain any records and provide any information
to the [Assistant Secretary] Under Secretary, including
those records, that the [Assistant Secretary] Under
Secretary determines is necessary to enable the
[Assistant Secretary] Under Secretary to perform the
duties of the [Assistant Secretary] Under Secretary
under the Program.
(g) Deobligation or Termination of Grant.--In addition to
other authority under applicable law, the [Assistant Secretary]
Under Secretary may--
(1) deobligate or terminate a grant awarded to an
entity under this section if, after notice to the
entity and opportunity for a hearing, the [Assistant
Secretary] Under Secretary--
(A) presents to the entity a rationale and
supporting information that clearly
demonstrates that--
(i) the grant funds are not being
used in a manner that is consistent
with the application with respect to
the grant submitted by the entity under
subsection (c); and
(ii) the entity is not upholding
assurances made by the entity to the
[Assistant Secretary] Under Secretary
under subsection (f); and
(B) determines that the grant is no longer
necessary to achieve the original purpose for
which [Assistant Secretary] Under Secretary
awarded the grant; and
(2) with respect to any grant funds that the
[Assistant Secretary] Under Secretary deobligates or
terminates under paragraph (1), competitively award the
grant funds to another applicant, consistent with the
requirements of this section.
(h) Reporting and Information Requirements; Internet
Disclosure.--The [Assistant Secretary] Under Secretary--
(1) shall--
(A) require any entity to which the
[Assistant Secretary] Under Secretary awards a
grant under the Program to, for each year
during the period described in subsection
(d)(2)(D) with respect to the grant, submit to
the [Assistant Secretary] Under Secretary a
report, in a format specified by the [Assistant
Secretary] Under Secretary, regarding--
(i) the amount of the grant;
(ii) the use by the entity of the
grant amounts; and
(iii) the progress of the entity
towards fulfilling the objectives for
which the grant was awarded;
(B) establish mechanisms to ensure
appropriate use of, and compliance with respect
to all terms regarding, grant funds awarded
under the Program;
(C) create and maintain a fully searchable
database, which shall be accessible on the
internet at no cost to the public, that
contains, at a minimum--
(i) a list of each entity that has
applied for a grant under the Program;
(ii) a description of each
application described in clause (i),
including the proposed purpose of each
grant described in that clause;
(iii) the status of each application
described in clause (i), including
whether the [Assistant Secretary] Under
Secretary has awarded a grant with
respect to the application and, if so,
the amount of the grant;
(iv) each report submitted by an
entity under subparagraph (A); and
(v) any other information that is
sufficient to allow the public to
understand and monitor grants awarded
under the Program; and
(D) ensure that any entity with respect to
which an award is deobligated or terminated
under subsection (g) may, in a timely manner,
appeal or otherwise challenge that deobligation
or termination, as applicable; and
(2) may establish additional reporting and
information requirements for any recipient of a grant
under the Program.
(i) Supplement Not Supplant.--A grant awarded to an entity
under the Program shall supplement, not supplant, other Federal
or State funds that have been made available to the entity to
carry out activities described in this section.
(j) Set Asides.--From amounts made available in a fiscal year
to carry out the Program, the [Assistant Secretary] Under
Secretary shall reserve--
(1) 5 percent for the implementation and
administration of the Program, which shall include--
(A) providing technical support and
assistance, including ensuring consistency in
data reporting;
(B) providing assistance to entities to
prepare the applications of those entities with
respect to grants awarded under this section;
(C) developing the report required under
section 60306(a); and
(D) conducting outreach to entities that may
be eligible to be awarded a grant under the
Program regarding opportunities to apply for
such a grant;
(2) 5 percent to award grants to, or enter into
contracts or cooperative agreements with, Indian
Tribes, Alaska Native entities, and Native Hawaiian
organizations to allow those tribes, entities, and
organizations to carry out the activities described in
this section; and
(3) 1 percent to award grants to, or enter into
contracts or cooperative agreements with, the United
States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, and any
other territory or possession of the United States that
is not a State to enable those entities to carry out
the activities described in this section.
(k) Rules.--The [Assistant Secretary] Under Secretary may
prescribe such rules as may be necessary to carry out this
section.
(l) Authorization of Appropriations.--There are authorized to
be appropriated to carry out this section--
(1) $250,000,000 for each of the first 5 fiscal years
in which funds are made available to carry out this
section; and
(2) such sums as may be necessary for each fiscal
year after the end of the 5-fiscal year period
described in paragraph (1).
SEC. 60306. POLICY RESEARCH, DATA COLLECTION, ANALYSIS AND MODELING,
EVALUATION, AND DISSEMINATION.
(a) Reporting Requirements.--
(1) In general.--[Not later than 1 year after the
date on which the Assistant Secretary begins awarding
grants under section 60304(d)(1), and annually
thereafter, the Assistant Secretary Under Secretary
shall--] For the first fiscal year in which the Under
Secretary awards grants under section 60304(d)(1), and
each fiscal year thereafter in which the Under
Secretary awards grants under such section, the Under
Secretary shall--
(A) in the first quarter of the first
calendar year that begins after the end of such
fiscal year, submit to the appropriate
committees of Congress a report that
documents[, for the year covered by the
report]--
(i) the findings of each evaluation
conducted under subparagraph (B);
(ii) a list of each grant awarded
under each covered program, which shall
include--
(I) the amount of each such
grant;
(II) the recipient of each
such grant; and
(III) the purpose for which
each such grant was awarded;
(iii) any deobligation, termination,
or modification of a grant awarded
under the covered programs, which shall
include a description of the subsequent
usage of any funds to which such an
action applies; and
(iv) each challenge made by an
applicant for, or a recipient of, a
grant under the covered programs and
the outcome of each such challenge; and
(B) conduct evaluations of the activities
carried out under the covered programs, which
shall include an evaluation of--
(i) whether eligible States to which
grants are awarded under the program
established under section 60304 are--
(I) abiding by the assurances
made by those States under
subsection (e) of that section;
(II) meeting, or have met,
the stated goals of the Digital
Equity Plans developed by the
States under subsection (c) of
that section;
(III) satisfying the
requirements imposed by the
[Assistant Secretary] Under
Secretary on those States under
subsection (g) of that section;
and
(IV) in compliance with any
other rules, requirements, or
regulations promulgated by the
[Assistant Secretary] Under
Secretary in implementing that
program; and
(ii) whether entities to which grants
are awarded under the program
established under section 60305 are--
(I) abiding by the assurances
made by those entities under
subsection (f) of that section;
(II) meeting, or have met,
the stated goals of those
entities with respect to the
use of the grant amounts;
(III) satisfying the
requirements imposed by the
[Assistant Secretary] Under
Secretary on those States under
subsection (h) of that section;
and
(IV) in compliance with any
other rules, requirements, or
regulations promulgated by the
[Assistant Secretary] Under
Secretary in implementing that
program.
(2) Public availability.--The [Assistant Secretary]
Under Secretary shall make each report submitted under
paragraph (1)(A) publicly available in an online format
that--
(A) facilitates access and ease of use;
(B) is searchable; and
(C) is accessible--
(i) to individuals with disabilities;
and
(ii) in languages other than English.
(b) Authority to Contract and Enter Into Other
Arrangements.--The [Assistant Secretary] Under Secretary may
award grants and enter into contracts, cooperative agreements,
and other arrangements with Federal agencies, public and
private organizations, and other entities with expertise that
the [Assistant Secretary] Under Secretary determines
appropriate in order to--
(1) evaluate the impact and efficacy of activities
supported by grants awarded under the covered programs;
and
(2) develop, catalog, disseminate, and promote the
exchange of best practices, both with respect to and
independent of the covered programs, in order to
achieve digital equity.
(c) Consultation and Public Engagement.--In carrying out
subsection (a), and to further the objectives described in
paragraphs (1) and (2) of subsection (b), the [Assistant
Secretary] Under Secretary shall conduct ongoing collaboration
and consult with--
(1) the Secretary of Agriculture;
(2) the Secretary of Housing and Urban Development;
(3) the Secretary of Education;
(4) the Secretary of Labor;
(5) the Secretary of Health and Human Services;
(6) the Secretary of Veterans Affairs;
(7) the Secretary of the Interior;
(8) the Federal Communications Commission;
(9) the Federal Trade Commission;
(10) the Director of the Institute of Museum and
Library Services;
(11) the Administrator of the Small Business
Administration;
(12) the Federal Co-Chair of the Appalachian Regional
Commission;
(13) State agencies and governors of States (or
equivalent officials);
(14) entities serving as administering entities for
States under section 60304(b);
(15) national, State, tribal, and local organizations
that provide digital inclusion, digital equity, or
digital literacy services;
(16) researchers, academics, and philanthropic
organizations; and
(17) other agencies, organizations (including
international organizations), entities (including
entities with expertise in the fields of data
collection, analysis and modeling, and evaluation), and
community stakeholders, as determined appropriate by
the [Assistant Secretary] Under Secretary.
(d) Technical Support and Assistance.--The [Assistant
Secretary] Under Secretary shall provide technical support and
assistance, assistance to entities to prepare the applications
of those entities with respect to grants awarded under the
covered programs, and other resources, to the extent
practicable, to ensure consistency in data reporting and to
meet the objectives of this section.
(e) Authorization of Appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out this
section, which shall remain available until expended.
SEC. 60307. GENERAL PROVISIONS.
(a) Nondiscrimination.--
(1) In general.--No individual in the United States
may, on the basis of actual or perceived race, color,
religion, national origin, sex, gender identity, sexual
orientation, age, or disability, be excluded from
participation in, be denied the benefits of, or be
subjected to discrimination under any program or
activity that is funded in whole or in part with funds
made available to carry out this title.
(2) Enforcement.--The [Assistant Secretary] Under
Secretary shall effectuate paragraph (1) with respect
to any program or activity described in that paragraph
by issuing regulations and taking actions consistent
with section 602 of the Civil Rights Act of 1964 (42
U.S.C. 2000d-1).
(3) Judicial review.--Judicial review of an action
taken by the [Assistant Secretary] Under Secretary
under paragraph (2) shall be available to the extent
provided in section 603 of the Civil Rights Act of 1964
(42 U.S.C. 2000d-2).
(b) Technological Neutrality.--The [Assistant Secretary]
Under Secretary shall, to the extent practicable, carry out
this title in a technologically neutral manner.
(c) Audit and Oversight.--Beginning in the first fiscal year
in which amounts are made available to carry out an activity
authorized under this title, and in each of the 4 fiscal years
thereafter, there is authorized to be appropriated to the
Office of Inspector General for the Department of Commerce
$1,000,000 for audits and oversight of funds made available to
carry out this title, which shall remain available until
expended.
TITLE IV--ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE
SEC. 60401. ENABLING MIDDLE MILE BROADBAND INFRASTRUCTURE.
(a) Definitions.--In this section:
(1) Anchor institution.--The term ``anchor
institution'' means a school, library, medical or
healthcare provider, community college or other
institution of higher education, or other community
support organization or entity.
(2) [Assistant secretary] Under secretary.--The term
``[Assistant Secretary] Under Secretary'' means the
[Assistant Secretary] Under Secretary of Commerce for
Communications and Information.
(3) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(4) Eligible entity.--The term ``eligible entity''
means--
(A) a State, political subdivision of a
State, Tribal government, technology company,
electric utility, utility cooperative, public
utility district, telecommunications company,
telecommunications cooperative, nonprofit
foundation, nonprofit corporation, nonprofit
institution, nonprofit association, regional
planning counsel, Native entity, or economic
development authority; or
(B) a partnership of 2 or more entities
described in subparagraph (A).
(5) FCC fixed broadband map.--The term ``FCC fixed
broadband map'' means the map created by the Commission
under section 802(c)(1)(B) of the Communications Act of
1934 (47 U.S.C. 642(c)(1)(B)).
(6) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304)).
(7) Interconnect.--The term ``interconnect'' means
the physical linking of 2 networks for the mutual
exchange of traffic on non-discriminatory terms and
conditions.
(8) Internet exchange facility.--The term ``internet
exchange facility'' means physical infrastructure
through which internet service providers and content
delivery networks exchange internet traffic between
their networks.
(9) Middle mile infrastructure.--The term ``middle
mile infrastructure''--
(A) means any broadband infrastructure that
does not connect directly to an end-user
location, including an anchor institution; and
(B) includes--
(i) leased dark fiber, interoffice
transport, backhaul, carrier-neutral
internet exchange facilities, carrier-
neutral submarine cable landing
stations, undersea cables, transport
connectivity to data centers, special
access transport, and other similar
services; and
(ii) wired or private wireless
broadband infrastructure, including
microwave capacity, radio tower access,
and other services or infrastructure
for a private wireless broadband
network, such as towers, fiber, and
microwave links.
(10) Middle mile grant.--The term ``middle mile
grant'' means a grant awarded under subsection (c).
(11) Native entity.--The term ``Native entity''
means--
(A) an Indian Tribe;
(B) an Alaska Native Corporation;
(C) a Native Hawaiian organization (as
defined in section 6207 of the Elementary and
Secondary Education Act of 1965 (20 U.S.C.
7517));
(D) the Department of Hawaiian Home Lands;
and
(E) the Office of Hawaiian Affairs.
(12) State.--The term ``State'' has the meaning given
the term in section 3 of the Communications Act of 1934
(47 U.S.C. 153).
(13) Submarine cable landing station.--The term
``submarine cable landing station'' means a cable
landing station, as that term is used in section
1.767(a)(5) of title 47, Code of Federal Regulations
(or any successor regulation), that can be utilized to
land a submarine cable by an entity that has obtained a
license under the first section of the Act entitled
``An Act relating to the landing and operation of
submarine cables in the United States'', approved May
27, 1921 (47 U.S.C. 34) (commonly known as the ``Cable
Landing Licensing Act'').
(14) Tribal government.--The term ``Tribal
government'' means the recognized governing body of any
Indian or Alaska Native tribe, band, nation, pueblo,
village, community, component band, or component
reservation, individually identified (including
parenthetically) in the list published most recently as
of the date of enactment of this Act pursuant to
section 104 of the Federally Recognized Indian Tribe
List Act of 1994 (25 U.S.C. 5131).
(15) Trust land.--The term ``trust land'' has the
meaning given the term in section 3765 of title 38,
United States Code.
(16) Underserved.--The term ``underserved'', with
respect to an area, means an area--
(A) that is designated as a Tribally
underserved area through the process described
in subsection (g); or
(B) that--
(i) is of a standard size not larger
than a census block, as established by
the Commission;
(ii) is not an unserved area; and
(iii) as determined in accordance
with the FCC fixed broadband map, does
not have access to broadband service
with--
(I) except as provided in
subclause (II)--
(aa) a download speed
of not less than 100
megabits per second;
and
(bb) an upload speed
of not less than 20
megabits per second; or
(II) minimum download and
upload speeds established as
benchmarks by the Commission
for purposes of this Act after
the date of enactment of this
Act, if those minimum speeds
are higher than the minimum
speeds required under subclause
(I).
(17) Unserved.--The term ``unserved'', with respect
to an area, means an area--
(A) that is designated as a Tribally
underserved area through the process described
in subsection (g); or
(B) that--
(i) is of a standard size not larger
than a census block, as established by
the Commission; and
(ii) as determined in accordance with
the FCC fixed broadband map, does not
have access to broadband service with--
(I) except as provided in
subclause (II)--
(aa) a download speed
of not less than 25
megabits per second;
and
(bb) an upload speed
of not less than 3
megabits per second; or
(II) minimum download and
upload speeds established as
benchmarks by the Commission
for purposes of this Act after
the date of enactment of this
Act, if those minimum speeds
are higher than the minimum
speeds required under subclause
(I).
(b) Purpose; Sense of Congress.--
(1) Purpose.--The purposes of this section are--
(A) to encourage the expansion and extension
of middle mile infrastructure to reduce the
cost of connecting unserved and underserved
areas to the backbone of the internet (commonly
referred to as the ``last mile''); and
(B) to promote broadband connection
resiliency through the creation of alternative
network connection paths that can be designed
to prevent single points of failure on a
broadband network.
(2) Sense of congress.--It is the sense of Congress
that--
(A) in awarding middle mile grants, the
[Assistant Secretary] Under Secretary should
give priority to--
(i) projects that leverage existing
rights-of-way, assets, and
infrastructure to minimize financial,
regulatory, and permitting challenges;
(ii) projects in which the eligible
entity designs the route of the middle
mile infrastructure to enable the
connection of unserved anchor
institutions, including Tribal anchor
institutions; and
(iii) projects that facilitate the
development of carrier-neutral
interconnection facilities; and
(iv) projects that--
(I) improve the redundancy
and resiliency of existing
middle mile infrastructure; and
(II) reduce regulatory and
permitting barriers to promote
the construction of new middle
mile infrastructure; and
(B) a regulated utility should use funds
received from a middle mile grant as a
supplement to the core utility capital
investment plan of the regulated utility to--
(i) facilitate increased broadband
resiliency or redundancy of existing
middle mile infrastructure; or
(ii) provide connectivity to unserved
areas and underserved areas within the
service territory of the utility and
nearby communities.
(c) Middle Mile Grants.--The [Assistant Secretary] Under
Secretary shall establish a program under which the [Assistant
Secretary] Under Secretary makes grants on a technology-
neutral, competitive basis to eligible entities for the
construction, improvement, or acquisition of middle mile
infrastructure.
(d) Applications for Grants.--
(1) In general.--The [Assistant Secretary] Under
Secretary shall establish an application process for
middle mile grants in accordance with this subsection.
(2) Evaluation of applications.--In establishing an
application process for middle mile grants under
paragraph (1), the [Assistant Secretary] Under
Secretary shall give priority to an application from an
eligible entity that satisfies 2 or more of the
following conditions:
(A) The eligible entity adopts fiscally
sustainable middle mile strategies.
(B) The eligible entity commits to offering
non-discriminatory interconnect to terrestrial
and wireless last mile broadband providers and
any other party making a bona fide request.
(C) The eligible entity identifies specific
terrestrial and wireless last mile broadband
providers that have--
(i) expressed written interest in
interconnecting with middle mile
infrastructure planned to be deployed
by the eligible entity; and
(ii) demonstrated sustainable
business plans or adequate funding
sources with respect to the
interconnect described in clause (i).
(D) The eligible entity has identified
supplemental investments or in-kind support
(such as waived franchise or permitting fees)
that will accelerate the completion of the
planned project.
(E) The eligible entity has demonstrated that
the middle mile infrastructure will benefit
national security interests of the United
States and the Department of Defense.
(3) Grant application competence.--The [Assistant
Secretary] Under Secretary shall include in the
application process established under paragraph (1) a
requirement that an eligible entity provide evidence
that the eligible entity is capable of carrying out a
proposed project in a competent manner, including by
demonstrating that the eligible entity has the
financial, technical, and operational capability to
carry out the proposed project and operate the
resulting middle mile broadband network.
(e) Eligibility.--
(1) Prioritization.--To be eligible to obtain a
middle mile grant, an eligible entity shall agree, in
the application submitted through the process
established under subsection (d), to prioritize--
(A) connecting middle mile infrastructure to
last mile networks that provide or plan to
provide broadband service to households in
unserved areas;
(B) connecting non-contiguous trust lands; or
(C) the offering of wholesale broadband
service at reasonable rates on a carrier-
neutral basis.
(2) Buildout timeline.--Subject to paragraph (5), to
be eligible to obtain a middle mile grant, an eligible
entity shall agree, in the application submitted
through the process established under subsection (d),
to complete buildout of the middle mile infrastructure
described in the application by not later than 5 years
after the date on which amounts from the grant are made
available to the eligible entity.
(3) Project eligibility requirements.--
(A) Capability to support retail broadband
service.--A project shall be eligible for a
middle mile grant if, at the time of the
application, the [Assistant Secretary] Under
Secretary determines that the proposed middle
mile broadband network will be capable of
supporting retail broadband service.
(B) Mapping data.--
(i) Use of most recent data.--In
mapping out gaps in broadband coverage,
an eligible entity that uses a middle
mile grant to build out terrestrial or
fixed wireless middle mile
infrastructure shall use the most
recent broadband mapping data available
from one of the following sources:
(I) The FCC fixed broadband
map.
(II) The State in which the
area that will be served by the
middle mile infrastructure is
located, or the Tribal
government with jurisdiction
over the area that will be
served by the middle mile
infrastructure (if applicable).
(III) Speed and usage surveys
of existing broadband service
that--
(aa) demonstrate that
more than 25 percent of
the respondents display
a broadband service
speed that is slower
than the speeds
required for an area to
qualify as unserved;
and
(bb) are conducted
by--
(AA) the
eligible
entity;
(BB) the
State in which
the area that
will be served
by the middle
mile
infrastructure
is located; or
(CC) the
Tribal
government with
jurisdiction
over the area
that will be
served by the
middle mile
infrastructure
(if
applicable).
(ii) Sharing facility locations.--
(I) Definition.--In this
clause, the term ``covered
recipient'', with respect to an
eligible entity, means--
(aa) the [Assistant
Secretary] Under
Secretary;
(bb) the Commission;
(cc) the Tribal
government with
jurisdiction over the
area that will be
served by the middle
mile infrastructure (if
applicable); and
(dd) the State
broadband office for
the State in which the
area that will be
served by the middle
mile infrastructure is
located.
(II) Provision of
information.--Subject to
subclauses (III) and (IV), an
eligible entity that
constructs, improves, or
acquires middle mile
infrastructure using a middle
mile grant shall share with
each covered recipient the
location of all the middle mile
broadband infrastructure.
(III) Format.--An eligible
entity shall provide the
information required under
subclause (II) to each covered
recipient in a uniform format
determined by the [Assistant
Secretary] Under Secretary.
(IV) Protection of
information.--
(aa) In general.--The
information provided by
an eligible entity
under subclause (II)
may only be used for
purposes of carrying
out the grant program
under subsection (c)
and any reporting
related thereto.
(bb) Legal
defenses.--
(AA) In
general.--A
covered
recipient may
not receive
information
under subclause
(II) unless the
covered
recipient
agrees in
writing to
assert all
available legal
defenses to the
disclosure of
the information
if a person or
entity seeks
disclosure from
the covered
recipient under
any Federal,
State, or local
public
disclosure law.
(BB) Rule of
construction.--
Nothing in
subitem (AA) is
intended to be
or shall be
construed as a
waiver of
Tribal
sovereign
immunity.
(C) Connection to anchor institutions.--To
the extent feasible, an eligible entity that
receives a middle mile grant to build middle
mile infrastructure using fiber optic
technology shall--
(i) ensure that the proposed middle
mile broadband network will be capable
of providing broadband to an anchor
institution at a speed of not less
than--
(I) 1 gigabit per second for
downloads; and
(II) 1 gigabit per second for
uploads to an anchor
institution; and
(ii) include direct interconnect
facilities that will facilitate the
provision of broadband service to
anchor institutions located within
1,000 feet of the middle mile
infrastructure.
(D) Interconnection and nondiscrimination.--
(i) In general.--An eligible entity
that receives a middle mile grant to
build a middle mile project using fiber
optic technology shall offer
interconnection in perpetuity, where
technically feasible without exceeding
current or reasonably anticipated
capacity limitations, on reasonable
rates and terms to be negotiated with
requesting parties.
(ii) Nature of interconnection.--The
interconnection required to be offered
under clause (i) includes both the
ability to connect to the public
internet and physical interconnection
for the exchange of traffic.
(iii) Inclusion in application.--An
applicant for a middle mile grant shall
disclose the applicant's proposed
interconnection, nondiscrimination, and
network management practices in the
application submitted through the
process established under subsection
(d).
(4) Accountability.--The [Assistant Secretary] Under
Secretary shall--
(A) establish sufficient transparency,
accountability, reporting, and oversight
measures for the grant program established
under subsection (c) to deter waste, fraud, and
abuse of program funds; and
(B) establish--
(i) buildout requirements for each
eligible entity that receives a middle
mile grant, which shall require the
completion of a certain percentage of
project miles by a certain date; and
(ii) penalties, which may include
rescission of funds, for grantees that
do not meet requirements described in
clause (i) or the deadline under
paragraph (2).
(5) Extensions.--
(A) In general.--At the request of an
eligible entity, the [Assistant Secretary]
Under Secretary may extend the buildout
deadline under paragraph (2) by not more than 1
year if the eligible entity certifies that--
(i) the eligible entity has a plan
for use of the middle mile grant;
(ii) the project to build out middle
mile infrastructure is underway; or
(iii) extenuating circumstances
require an extension of time to allow
completion of the project to build out
middle mile infrastructure.
(B) Effect on interim buildout
requirements.--If the [Assistant Secretary]
Under Secretary grants an extension under
subparagraph (A), the [Assistant Secretary]
Under Secretary shall modify any buildout
requirements established under paragraph
(4)(B)(i) as necessary.
(f) Federal Share.--The amount of a middle mile grant awarded
to an eligible entity may not exceed 70 percent of the total
project cost.
(g) Special Rules for Tribal Governments.--
(1) Waivers; alternative requirements.--The
[Assistant Secretary] Under Secretary, in consultation
with Tribal governments and Native entities, may waive,
or specify alternative requirements for, any provision
of subsections (c) through (f) if the [Assistant
Secretary] Under Secretary finds that the waiver or
alternative requirement is necessary--
(A) for the effective delivery and
administration of middle mile grants to Tribal
governments; or
(B) the construction, improvement, or
acquisition of middle mile infrastructure on
trust land.
(2) Tribally unserved areas; tribally underserved
areas.--The [Assistant Secretary] Under Secretary, in
consultation with Tribal governments and Native
entities, shall develop a process for designating
Tribally unserved areas and Tribally underserved areas
for purposes of this section.
(h) Authorization of Appropriations.--There is authorized to
be appropriated to carry out this section $1,000,000,000 for
fiscal years 2022 through 2026.
* * * * * * *
DIVISION J--APPROPRIATIONS
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2022, and for other purposes, namely:
TITLE I--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION,
AND RELATED AGENCIES
DEPARTMENT OF AGRICULTUREFARM PRODUCTION AND CONSERVATION PROGRAMS
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ``Watershed and Flood Prevention
Operations'', $500,000,000, to remain available until expended:
Provided, That not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the House and Senate Committees on Appropriations a
detailed spend plan, including a list of project locations and
project cost: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
WATERSHED REHABILITATION PROGRAM
For an additional amount for ``Watershed Rehabilitation
Program'', $118,000,000, to remain available until expended:
Provided, That not later than 90 days after the date of
enactment of this Act, the Secretary of Agriculture shall
submit to the House and Senate Committees on Appropriations a
detailed spend plan, including a list of project locations and
project cost: Provided further, That such amount is designated
by the Congress as being for an emergency requirement pursuant
to section 4112(a) of H. Con. Res. 71 (115th Congress), the
concurrent resolution on the budget for fiscal year 2018, and
to section 251(b) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
EMERGENCY WATERSHED PROTECTION PROGRAM
For an additional amount for ``Emergency Watershed Protection
Program'' to repair damages to the waterways and watersheds
resulting from natural disasters, $300,000,000, to remain
available until expended: Provided, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RURAL DEVELOPMENT PROGRAMS
RURAL UTILITIES SERVICE
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For an additional amount for ``Rural Utilities Service--
Distance Learning, Telemedicine, and Broadband Program'',
$2,000,000,000, to remain available until expended: Provided,
That of the funds made available under this heading in this
Act, $74,000,000 shall be for the cost of broadband loans, as
authorized by section 601 of the Rural Electrification Act:
Provided further, That, of the funds made available under this
heading in this Act, $1,926,000,000 shall be for the broadband
loan and grant pilot program established by section 779 of
Public Law 115-141 under the Rural Electrification Act of 1936,
as amended (7 U.S.C. 901 et seq.): Provided further, That at
least 50 percent of the households to be served by a project
receiving a loan or grant from funds provided under the
preceding proviso shall be in a rural area, as defined in
section 601(b)(3) of the Rural Electrification Act, without
sufficient access to broadband defined for such funds as having
speeds of not less than 25 megabits per second downloads and 3
megabits per second uploads: Provided further, That 10 percent
of the amounts made available under this heading in this Act
for the pilot program shall be set aside for service areas
where at least 90 percent of households to be served by a
project receiving a loan or grant are in a rural area without
sufficient access to broadband, as defined in the preceding
proviso: Provided further, That, to the extent possible,
projects receiving funds provided under this heading in this
Act for the pilot program must build out service to at least
100 megabits per second downloads and 20 megabits per second
uploads: Provided further, That, in administering the pilot
program under this heading in this Act, the Secretary of
Agriculture may, for purposes of determining entities eligible
to receive assistance, consider those communities which are
``Areas Rural in Character'', as defined in section
343(a)(13)(D) of the Consolidated Farm and Rural Development
Act: Provided further, That not more than $50,000,000 of the
funds made available under this heading in this Act for the
pilot program may be used for the purpose of the preceding
proviso: Provided further, That pole attachment fees and
replacements charged by pole owners for the shared use of their
utility poles shall be an eligible use of funds provided under
this heading in this Act for the pilot program to enable the
deployment of broadband in rural areas: Provided further, That
the Secretary shall waive any matching funds required for pilot
program projects funded from amounts provided under this
heading in this Act for Alaska Native Corporations, for
federally-recognized Tribes, on substantially underserved Trust
areas, as defined in 7 U.S.C. 936f(a)(2), and residents of a
rural area that was recognized as a colonia as of October 1,
1989, and for projects in which 75 percent of the service area
is a persistent poverty county or counties: Provided further,
That for purposes of the preceding proviso, the term
``persistent poverty counties'' means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial
censuses, and 2007-2011 American Community Survey 5-6 year
average, or any territory or possession of the United States:
Provided further, That, in addition to other funds available
for such purpose, not more than four percent of the amounts
provided under this heading in this Act shall be for
administrative costs to carry out the pilot program and
broadband loans: Provided further, That up to three percent of
the amounts provided under this heading in this Act shall be
for technical assistance and predevelopment planning activities
to support rural communities, of which $5,000,000 shall have a
priority for the establishment and growth of cooperatives to
offer broadband, which shall be transferred to and merged with
the appropriation for ``Rural Development, Salaries and
Expenses'': Provided further, That the Secretary of
Agriculture shall collaborate, to the extent practicable, with
the Commissioner of the Federal Communications Commission and
the [Assistant Secretary] Under Secretary for Communications
and Information at the National Telecommunications and
Information Administration to carry out the amounts provided
under this heading in this Act for the pilot program: Provided
further, That the Secretary may transfer funds provided under
this heading in this Act between broadband loans, as authorized
by section 601 of the Rural Electrification Act, and the pilot
program to accommodate demand: Provided further, That no funds
shall be transferred pursuant to the preceding proviso until
the Secretary notifies in writing and receives approval from
the Committees on Appropriations and Agriculture of both Houses
of Congress at least 30 days in advance of the transfer of such
funds or the use of such authority: Provided further, That for
purposes of the amounts provided under this heading in this Act
for the pilot program, the Secretary shall adhere to the
notice, reporting, and service area assessment requirements set
forth in section 701(a)-(d) of the Rural Electrification Act (7
U.S.C. 950cc(a)-(d)): Provided further, That such amount is
designated by the Congress as being for an emergency
requirement pursuant to section 4112(a) of H. Con. Res. 71
(115th Congress), the concurrent resolution on the budget for
fiscal year 2018, and to section 251(b) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
GENERAL PROVISION--THIS TITLE
SEC. 101.
In addition to amounts otherwise made available for such
purpose, there is hereby appropriated $10,000,000, to remain
available until expended, to carry out section 70501 of
division G of this Act: Provided, That $5,000,000, to remain
available until expended, shall be made available for fiscal
year 2022 and $5,000,000, to remain available until expended,
shall be made available for fiscal year 2023: Provided
further, That such amount is designated by the Congress as
being for an emergency requirement pursuant to section 4112(a)
of H. Con. Res. 71 (115th Congress), the concurrent resolution
on the budget for fiscal year 2018, and to section 251(b) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
* * * * * * *
----------
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2021
* * * * * * *
DIVISION H--OTHER MATTERS
* * * * * * *
TITLE XCII--COMMUNICATIONS MATTERS
* * * * * * *
SEC. 9202. WIRELESS SUPPLY CHAIN INNOVATION AND MULTILATERAL SECURITY.
(a) Communications Technology Security Funds.--
(1) Public wireless supply chain innovation fund.--
(A) Establishment.--
(i) In general.--There is established
in the Treasury of the United States a
trust fund to be known as the ``Public
Wireless Supply Chain Innovation Fund''
(referred to in this paragraph as the
``Innovation Fund'').
(ii) Availability.--
(I) In general.--Amounts
appropriated to the Innovation
Fund shall remain available
through the end of the tenth
fiscal year beginning after the
date on which funds are
appropriated to the Fund.
(II) Remainder to treasury.--
Any amounts remaining in the
Innovation Fund after the end
of the tenth fiscal year
beginning after the date of
appropriation shall be
deposited in the general fund
of the Treasury.
(B) Use of fund.--
(i) In general.--Amounts appropriated
to the Innovation Fund shall be
available to the Secretary, acting
through the NTIA Administrator, to make
grants on a competitive basis under
this paragraph in such amounts as the
Secretary, acting through the NTIA
Administrator, determines appropriate,
subject to clause (ii).
(ii) Limitation on grant amounts.--
The amount of a grant awarded under
this paragraph to a recipient for a
specific research focus area may not
exceed $50,000,000.
(C) Administration of fund.--The Secretary,
acting through the NTIA Administrator, in
consultation with the Commission, the Under
Secretary of Commerce for Standards and
Technology, the Secretary of Homeland Security,
the Secretary of Defense, and the Director of
the Intelligence Advanced Research Projects
Activity of the Office of the Director of
National Intelligence, shall establish criteria
for grants awarded under this paragraph, by the
NTIA Administrator and administer the
Innovation Fund, to support the following:
(i) Promoting and deploying
technology, including software,
hardware, and microprocessing
technology, that will enhance
competitiveness in the fifth-generation
(commonly known as ``5G'') and
successor wireless technology supply
chains that use open and interoperable
interface radio access networks.
(ii) Accelerating commercial
deployments of open interface
standards-based compatible,
interoperable equipment, such as
equipment developed pursuant to the
standards set forth by organizations
such as the O-RAN Alliance, the Telecom
Infra Project, 3GPP, the Open-RAN
Software Community, or any successor
organizations.
(iii) Promoting and deploying
compatibility of new 5G equipment with
future open standards-based,
interoperable equipment.
(iv) Managing integration of multi-
vendor network environments.
(v) Identifying objective criteria to
define equipment as compliant with open
standards for multi-vendor network
equipment interoperability.
(vi) Promoting and deploying security
features enhancing the integrity and
availability of equipment in multi-
vendor networks.
(vii) Promoting and deploying network
function virtualization to facilitate
multi-vendor interoperability and a
more diverse vendor market.
(D) Nonduplication.--To the greatest extent
practicable, the Secretary, acting through the
NTIA Administrator, shall ensure that any
research funded by a grant awarded under this
paragraph avoids duplication of other Federal
or private sector research.
(E) Timing.--Not later than one year after
the date on which funds are appropriated to the
Innovation Fund, the Secretary, acting through
the NTIA Administrator, shall begin awarding
grants under this paragraph.
(F) Federal advisory body.--
(i) Establishment.--The Secretary,
acting through the NTIA Administrator,
and in consultation with the Under
Secretary of Commerce for Standards and
Technology, shall establish a Federal
advisory committee, in accordance with
the Federal Advisory Committee Act (5
U.S.C. App.), composed of government
and private sector experts, to advise
the Secretary and the NTIA
Administrator on the administration of
the Innovation Fund.
(ii) Composition.--The advisory
committee established under clause (i)
shall be composed of--
(I) representatives from--
(aa) the Commission;
(bb) the Department
of Defense;
(cc) the Intelligence
Advanced Research
Projects Activity of
the Office of the
Director of National
Intelligence;
(dd) the National
Institute of Standards
and Technology;
(ee) the Department
of State;
(ff) the National
Science Foundation;
(gg) the Department
of Homeland Security;
and
(hh) the National
Telecommunications and
Information
Administration; and
(II) other representatives
from the private and public
sectors, at the discretion of
the NTIA Administrator.
(iii) Duties.--The advisory committee
established under clause (i) shall
advise the Secretary and the NTIA
Administrator on technology
developments to help inform--
(I) the strategic direction
of the Innovation Fund; and
(II) efforts of the Federal
Government to promote a more
secure, diverse, sustainable,
and competitive supply chain.
(G) [Reports to congress.--
[(i) Initial report.--Not later than
180 days after the date of the
enactment of this Act, the Secretary,
acting through the NTIA Administrator,
shall submit to the relevant committees
of Congress a report with--
[(I) additional
recommendations on promoting
the competitiveness and
sustainability of trusted
suppliers in the wireless
supply chain; and
[(II) any additional
authorities needed to
facilitate the timely adoption
of open standards-based
equipment, including authority
to provide loans, loan
guarantees, and other forms of
credit extension that would
maximize the use of funds.]
[(ii) Annual report.--For each fiscal
year] Annual report to congress._For
each fiscal year for which amounts in
the Innovation Fund are available under
this paragraph, the Secretary, acting
through the NTIA Administrator, shall
submit to Congress a report that--
[(I)] (i) describes how, and to whom
(including whether recipients are
majority owned and controlled by
minority individuals and majority owned
and controlled by women), amounts in
the Innovation Fund have been deployed;
[(II)] (ii) details the progress of
the Secretary and the NTIA
Administrator in meeting the objectives
described in subparagraph (C); and
[(III)] (iii) includes any additional
information that the Secretary and the
NTIA Administrator determine
appropriate.
(2) Multilateral telecommunications security fund.--
(A) Establishment of fund.--
(i) In general.--There is established
in the Treasury of the United States a
trust fund to be known as the
``Multilateral Telecommunications
Security Fund''.
(ii) Use of fund.--Amounts
appropriated to the Multilateral
Telecommunications Security Fund shall
be available to the Secretary of State
to make expenditures under this
paragraph in such amounts as the
Secretary of State determines
appropriate.
(iii) Availability.--
(I) In general.--Amounts
appropriated to the
Multilateral Telecommunications
Security Fund--
(aa) shall remain
available through the
end of the tenth fiscal
year beginning after
the date of
appropriation; and
(bb) may only be
allocated upon the
Secretary of State
reaching an arrangement
or agreement with
foreign government
partners to participate
in the common funding
mechanism described in
subparagraph (B).
(II) Remainder to treasury.--
Any amounts remaining in the
Multilateral Telecommunications
Security Fund after the end of
the tenth fiscal year beginning
after the date of the enactment
of this Act shall be deposited
in the general fund of the
Treasury.
(B) Administration of fund.--The Secretary of
State, in consultation with the NTIA
Administrator, the Secretary of Homeland
Security, the Secretary of Defense, the
Secretary of the Treasury, the Director of
National Intelligence, and the Commission, is
authorized to establish a common funding
mechanism, in coordination with foreign
partners, that uses amounts from the
Multilateral Telecommunications Security Fund
to support the development and adoption of
secure and trusted telecommunications
technologies. In creating and sustaining a
common funding mechanism, the Secretary of
State should leverage United States funding in
order to secure commitments and contributions
from trusted foreign partners such as the
United Kingdom, Canada, Australia, New Zealand,
and Japan, and should prioritize the following
objectives:
(i) Advancing research and
development of secure and trusted
communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted
vendors.
(C) Annual report to congress.--Not later
than 1 year after the date of the enactment of
this Act, and annually thereafter for each
fiscal year during which amounts in the
Multilateral Telecommunications Security Fund
are available, the Secretary of State shall
submit to the relevant committees of Congress a
report on the status and progress of the
funding mechanism established under
subparagraph (B), including--
(i) any funding commitments from
foreign partners, including each
specific amount committed;
(ii) governing criteria for use of
the Multilateral Telecommunications
Security Fund;
(iii) an account of--
(I) how, and to whom, funds
have been deployed;
(II) amounts remaining in the
Multilateral Telecommunications
Security Fund; and
(III) the progress of the
Secretary of State in meeting
the objective described in
subparagraph (B); and
(iv) additional authorities needed to
enhance the effectiveness of the
Multilateral Telecommunications
Security Fund in achieving the security
goals of the United States.
(D) Notifications to be provided by the
fund.--
(i) In general.--Not later than 15
days prior to the Fund making a
financial commitment associated with
the provision of expenditures under
subparagraph (A)(ii) in an amount in
excess of $1,000,000, the Secretary of
State shall submit to the appropriate
congressional committees a report in
writing that contains the information
required by clause (ii).
(ii) Information required.--The
information required by this clause
includes--
(I) the amount of each such
expenditure;
(II) an identification of the
recipient or beneficiary; and
(III) a description of the
project or activity and the
purpose to be achieved of an
expenditure by the Fund.
(iii) Arrangements or agreements.--
The Secretary of State shall notify the
appropriate congressional committees
not later than 30 days after entering
into a new bilateral or multilateral
arrangement or agreement described in
subparagraph (A)(iii)(I)(bb).
(iv) Appropriate congressional
committees defined.--In this
subparagraph, the term ``appropriate
congressional committees'' means--
(I) the Committee on Foreign
Relations of the Senate;
(II) the Committee on
Appropriations of the Senate;
(III) the Committee on
Foreign Affairs of the House of
Representatives; and
(IV) the Committee on
Appropriations of the House of
Representatives.
(b) Promoting United States Leadership in International
Organizations and Communications Standards-setting Bodies.--
(1) In general.--The Secretary of State, the
Secretary of Commerce, and the Chairman of the
Commission, or their designees, shall consider how to
enhance representation of the United States at
international forums that set standards for 5G networks
and for future generations of wireless communications
networks, including--
(A) the International Telecommunication Union
(commonly known as ``ITU'');
(B) the International Organization for
Standardization (commonly known as ``ISO'');
(C) the Inter-American Telecommunication
Commission (commonly known as ``CITEL''); and
(D) the voluntary standards organizations
that develop protocols for wireless devices and
other equipment, such as the 3GPP and the
Institute of Electrical and Electronics
Engineers (commonly known as ``IEEE'').
(2) Annual report.--The Secretary of State, the
Secretary of Commerce, and the Chairman of the
Commission shall jointly submit to the relevant
committees of Congress an annual report on the progress
made under paragraph (1).
(c) Definitions.--In this section:
(1) The term ``3GPP'' means the Third Generation
Partnership Project.
(2) The term ``5G network'' means a radio network as
described by 3GPP Release 15 or higher.
(3) The term ``Commission'' means the Federal
Communications Commission.
(4) The term ``NTIA Administrator'' means the
Assistant Secretary of Commerce for Communications and
Information.
(5) The term ``Open-RAN'' means the Open Radio Access
Network approach to standardization adopted by the O-
RAN Alliance, Telecom Infra Project, or 3GPP, or any
similar set of open standards for multi-vendor network
equipment interoperability.
(6) The term ``relevant committees of Congress''
means--
(A) the Select Committee on Intelligence of
the Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the
Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Committee on Appropriations of the
Senate;
(G) the Permanent Select Committee on
Intelligence of the House of Representatives;
(H) the Committee on Foreign Affairs of the
House of Representatives;
(I) the Committee on Homeland Security of the
House of Representatives;
(J) the Committee on Armed Services of the
House of Representatives;
(K) the Committee on Energy and Commerce of
the House of Representatives; and
(L) the Committee on Appropriations of the
House of Representatives.
(7) The term ``Secretary'' means the Secretary of
Commerce.
* * * * * * *
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