[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.
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\47 U.S.C. 902(b)(2)(G).
    \3\https://www.ntia.gov/category/icann.
---------------------------------------------------------------------------

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.

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                      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.

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                              ----------                              


         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.

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                              ----------                              


  WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR 
                            FISCAL YEAR 2021




           *       *       *       *       *       *       *
DIVISION H--OTHER MATTERS

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TITLE XCII--COMMUNICATIONS MATTERS

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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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