No official summary available for this bill.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4207 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4207
To reauthorize the spectrum auction authority of the Federal
Communications Commission, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 30, 2024
Ms. Cantwell (for herself and Mr. Lujan) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To reauthorize the spectrum auction authority of the Federal
Communications Commission, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spectrum and
National Security Act of 2024''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Definitions.
TITLE I--DEVELOPMENT OF SPECTRUM MAXIMIZING TECHNOLOGIES
Sec. 101. National Spectrum Research and Development Plan.
Sec. 102. Common sharing platform; incumbent informing capability.
TITLE II--EXERTING UNITED STATES SPECTRUM LEADERSHIP
Sec. 201. Empowering Federal agencies in the management of their
spectrum.
Sec. 202. Under Secretary of Commerce for Communications and
Information.
TITLE III--CREATION OF A SPECTRUM PIPELINE
Sec. 301. Creation of a spectrum pipeline.
Sec. 302. Spectrum auctions.
TITLE IV--EXTENSION OF FCC AUCTION AUTHORITY
Sec. 401. Extension of FCC auction authority.
TITLE V--WORKFORCE DEVELOPMENT
Subtitle A--Improving Minority Participation
Sec. 501. Short title.
Sec. 502. Definitions.
Sec. 503. Program.
Subtitle B--National Spectrum Workforce Plan
Sec. 511. National spectrum workforce plan.
TITLE VI--SPECTRUM AUCTION TRUST FUND
Sec. 601. Definition.
Sec. 602. Spectrum Auction Trust Fund.
TITLE VII--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
Sec. 701. Increase in limitation on expenditure.
TITLE VIII--NEXT GENERATION 9-1-1
Sec. 801. Further deployment and coordination of Next Generation 9-1-1.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) electromagnetic spectrum is a scarce, valuable resource
that fuels the technological leadership of the United States
globally, which supports the national security and critical
operations of the United States;
(2) because spectrum is a finite and limited resource, the
United States must invest in advanced spectrum technologies,
such as dynamic spectrum sharing, to make the best use of
spectrum to promote private sector innovation, and protect and
further the mission of Federal agencies;
(3) to retain the global technology leadership of the
United States, the United States must have an accurate
assessment of the current and future demand for spectrum, and
the tools to meet that demand;
(4) ensuring a clear and fair process for Federal agencies
to assess how to meet the demand for spectrum and reauthorizing
the spectrum auction authority of the Commission will provide
the tools described in paragraph (3);
(5) as agreed to by both the Department of Defense and the
National Telecommunications and Information Administration in
the National Spectrum Strategy, an assessment of future
spectrum demand, the promotion of research and development on
dynamic spectrum sharing and other new and emerging spectrum
technologies, and support for a workforce to support an
advanced spectrum ecosystem are critical for expanding the
overall capacity, usability, and efficiency of spectrum to
enhance the competitiveness and national security of the United
States; and
(6) a unified, forward-looking domestic spectrum policy is
vital for enabling the United States to advocate effectively
for its interests on the global stage, including at the
International Telecommunication Union, against the competing
spectrum policies advanced by foreign adversaries.
SEC. 3. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Dynamic spectrum sharing.--The term ``dynamic spectrum
sharing'' means a technique that enables multiple
electromagnetic spectrum users to operate on the same
frequencies in the same geographic area without causing harmful
interference to other users by using capabilities that can
adjust and optimize electromagnetic spectrum usage in real time
or near-real time, consistent with defined regulations and
policies for a particular spectrum band.
(3) Spectrum advisory council.--The term ``Spectrum
Advisory Council'' has the meaning given the term in section
106(a) of the National Telecommunications and Information
Administration Organization Act, as added by section 201 of
this Act.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information, as so designated by the amendment made by section
202(a).
TITLE I--DEVELOPMENT OF SPECTRUM MAXIMIZING TECHNOLOGIES
SEC. 101. NATIONAL SPECTRUM RESEARCH AND DEVELOPMENT PLAN.
(a) Definition.--In this section, the term ``Federal entity'' has
the meaning given the term in section 113(l) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 923(l)).
(b) Dynamic Spectrum Sharing.--
(1) National testbed.--Not later than 18 months after the
date of enactment of this Act, the Under Secretary shall
establish, or coordinate with other Federal entities to
establish or identify, a national testbed for dynamic spectrum
sharing that--
(A) enables the identification of bands of Federal
and non-Federal spectrum that can be accessed on a
short-term basis for experimentation;
(B) considers specific areas for testing and
measurement to improve future study efforts across
spectrum bands, including researching and developing
solutions that can be applied across a range of
spectrum bands;
(C) is focused on developing technologically
neutral approaches;
(D) enables Federal entities to work cooperatively
with non-Federal entities, including industry entities,
academic institutions, and research organizations, to
objectively examine new technologies to improve
spectrum management; and
(E) minimizes duplication of effort by
synchronizing, to the extent practicable, with other
relevant research and engineering activities underway
across the Federal Government in areas including
artificial intelligence, machine learning, zero-trust
networks, data-source management, autonomy and
autonomous systems, and advanced radar technologies.
(2) Funding.--The Under Secretary may use the funding
provided under section 602(c)(1)(E) of this Act to establish
the national testbed for dynamic spectrum sharing under
paragraph (1).
(c) Research and Development Plan.--The Office of Science and
Technology Policy, in coordination with each member agency of the
Spectrum Advisory Council, shall develop a National Spectrum Research
and Development Plan that--
(1) identifies the key innovation areas for spectrum
research and development, including dynamic spectrum sharing,
artificial intelligence and machine learning techniques, and
other emerging technologies for improving spectrum efficiency
and innovation;
(2) establishes a process to refine and enhance the
innovation areas identified under paragraph (1) on an ongoing
basis;
(3) considers recommendations developed through the
collaborative framework established under subsection (d)(1);
and
(4) will encourage Federal entities to conduct spectrum-
related testing and research in cooperation with the Institute
for Telecommunication Sciences of the National
Telecommunications and Information Administration.
(d) Public and Private Sector Collaborative Framework.--
(1) Establishment.--The Under Secretary, in coordination
with the Commission, as appropriate, shall establish a
collaborative framework for coordination, technical exchange,
and information sharing between Federal entities and non-
Federal entities for purposes of short-term and long-term
spectrum planning and management.
(2) Requirements.--The collaborative framework established
under paragraph (1) shall consider--
(A) leveraging Federal and non-Federal advisory
groups that advise the Federal Government on spectrum
planning or management, as appropriate;
(B) identifying new advisory groups that could be
established to aid long-term spectrum planning;
(C) defining the interactions among the groups
described in subparagraphs (A) and (B), including their
roles and responsibilities and desired outputs;
(D) adhering to applicable interagency memoranda of
understanding on spectrum planning or management;
(E) engaging with a variety of stakeholders,
including unserved and historically underserved
populations, Tribal Nations, and the Native Hawaiian
community; and
(F) establishing a standardized submission process
for Federal entities and non-Federal entities to
provide information, on an ongoing basis, regarding
their current and projected future spectrum needs.
(3) Evidence-based spectrum decision-making.--The Under
Secretary shall use the collaborative framework established
under paragraph (1) to develop best practices for conducting
technical and economic analyses that are--
(A) data-driven;
(B) science-based;
(C) peer-reviewed; and
(D) publicly available in an easily accessible
electronic format, to the extent practicable, with
appropriate redactions for classified information, or
other information reflecting technical, procedural, or
policy concerns that are exempt from disclosure under
section 552 of title 5, United States Code (commonly
known as the ``Freedom of Information Act'').
(e) Promotion of Advanced Spectrum-Sharing Technologies.--The Under
Secretary shall help promote the development of advanced spectrum-
sharing technologies, including dynamic spectrum sharing, by
identifying, in coordination with the Commission--
(1) incentives for non-Federal development and use of such
technologies; and
(2) mechanisms to incentivize non-Federal users to adopt
such technologies.
SEC. 102. COMMON SHARING PLATFORM; INCUMBENT INFORMING CAPABILITY.
(a) In General.--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 enactment
of this section, begin to amend the Department of Commerce
spectrum management document entitled `Manual of Regulations
and Procedures for Federal Radio Frequency Management' so as to
incorporate an incumbent informing capability; and
``(2) not later than 90 days after the date of enactment of
this section, begin to implement such capability, including
initiating the development and testing of such capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing and coordination, to
securely manage spectrum access to mitigate the risk of harmful
interference between non-Federal users and incumbent Federal
entities sharing a band of covered spectrum and between Federal
entities sharing a band of covered spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms (that shall include
interfaces to commerce sharing systems, as appropriate)
to allow non-Federal use in covered spectrum, as
authorized by the rules of the Commission.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to and from incumbent
Federal entities, including one or more of the
following functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(A) input into the system required by paragraph
(1) such information as the Under Secretary may
require, including the frequency, time, and location of
the use of the band by the Federal entity; and
``(B) to the extent practicable, input the
information into the system on an automated basis.
``(5) Protection of classified information and controlled
unclassified information.--
``(A) In general.--The system required by paragraph
(1) shall contain appropriate measures to protect
classified information and controlled unclassified
information, including any such classified information
or controlled unclassified information that relates to
Federal operations.
``(B) Mechanism.--The Under Secretary shall develop
a mechanism--
``(i) for information sharing between
classified and unclassified databases; and
``(ii) to address issues of aggregate
classification challenges.
``(6) Consultation.--
``(A) Federal agencies.--The Under Secretary shall
consult with the heads of other relevant Federal
agencies on the development, testing, and
implementation of the incumbent informing capability to
ensure consideration of the operational and mission
requirements of those Federal agencies.
``(B) Stakeholder feedback.--The Under Secretary
shall solicit stakeholder feedback from Federal and
non-Federal users of the incumbent informing
capability, including on--
``(i) how best to mitigate risks to
incumbent Federal users and missions;
``(ii) which mitigation measures could
enable secondary access by non-Federal users to
avoid operational impact; and
``(iii) a process for incumbent Federal
users to share complaints or report harmful
interference and mission impact, including how
the impact to Federal missions would be
assessed.
``(c) Briefing.--Not later than December 16, 2024, and annually
thereafter, the Under Secretary shall provide a briefing on the
implementation and operation of the incumbent informing capability to--
``(1) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(2) the Committee on Energy and Commerce of the House of
Representatives.
``(d) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).
``(e) 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 the term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.''.
(b) Funding.--On the date of enactment of this Act, the Director of
the Office of Management and Budget shall transfer $120,000,000 from
the Spectrum Relocation Fund established under section 118 of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 928) to the National Telecommunications and Information
Administration for the purpose of establishing the incumbent informing
capability under section 120 of that Act, as added by subsection (a).
TITLE II--EXERTING UNITED STATES SPECTRUM LEADERSHIP
SEC. 201. EMPOWERING FEDERAL AGENCIES IN THE MANAGEMENT OF THEIR
SPECTRUM.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.
``(a) Definitions.--In this section:
``(1) Chair.--The term `Chair' means the Chair of the
Commission.
``(2) Commission.--The term `Commission' means the Federal
Communications Commission.
``(3) Memorandum.--The term `Memorandum' means the
Memorandum of Understanding between the Commission and the
National Telecommunications and Information Administration
(relating to increased coordination between Federal spectrum
management agencies to promote the efficient use of the radio
spectrum in the public interest), signed on August 1, 2022, or
any successor memorandum.
``(4) Spectrum action.--The term `spectrum action' means
any proposed action by the Commission to reallocate radio
frequency spectrum that--
``(A) is anticipated to result in--
``(i) a system of competitive bidding
conducted under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j));
or
``(ii) some other form of licensing; and
``(B) could potentially impact the spectrum
operations of a Federal entity.
``(5) Spectrum advisory council.--The term `Spectrum
Advisory Council' means the interagency advisory body
established under the memorandum of the President entitled
`Memorandum on Modernizing United States Spectrum Policy and
Establishing a National Spectrum Strategy', issued on November
13, 2023, or any successor interagency advisory body.
``(b) Federal Coordination Procedures.--
``(1) Responsibilities of ntia.--The Under Secretary
shall--
``(A) ensure, in coordination with the Spectrum
Advisory Council and, as appropriate, the
Interdepartment Radio Advisory Committee, that the
views of the executive branch on spectrum matters are
properly--
``(i) developed;
``(ii) documented; and
``(iii) presented, as necessary, to the
Commission and, as appropriate and in
coordination with the Director of the Office of
Management and Budget, to Congress, as required
by sections 102(b)(6) and 103(b)(2)(J);
``(B) adhere to the terms of the Memorandum;
``(C) solicit views of affected Federal entities
and provide those Federal entities with sufficient time
and procedures to present their views and supporting
technical information to the NTIA;
``(D) provide affected Federal entities with timely
written feedback explaining why and how their views
will be taken into account in the position that the
NTIA communicates to the Commission;
``(E) facilitate the presentation by affected
Federal entities of classified or otherwise sensitive
views to the Commission;
``(F) develop the position of the executive branch
on issues related to spectrum, including any supporting
technical and operational information to facilitate
decision-making by the Commission;
``(G) provide the position described in
subparagraph (F) to the Commission; and
``(H) provide the position described in
subparagraph (F) within the applicable timelines
established by the Commission or, as needed, request
additional time from the Commission.
``(2) Process for addressing non-consensus views.--If a
Federal entity and the Under Secretary are unable to reach
consensus on the views concerning Federal spectrum matters to
be presented to the Commission, the Under Secretary shall--
``(A) notify the Commission of the lack of
consensus and the anticipated next steps and timing to
resolve the dispute;
``(B) request the joint assistance of the Secretary
and the head of the Federal entity objecting to the
proposed submission to the Commission to find a
mutually agreeable resolution; and
``(C) keep the Commission informed, as appropriate,
regarding anticipated next steps and the timing of
resolution.
``(3) Secondary process for addressing non-consensus.--If a
Federal entity and the Under Secretary are unable to reach a
mutually agreeable resolution under the process under paragraph
(2)--
``(A) not later than 90 days after completing the
process, the Under Secretary or the Federal entity may
submit the dispute to the Assistant to the President
for National Security Affairs and the Assistant to the
President for Economic Policy;
``(B) the Assistant to the President for National
Security Affairs and the Assistant to the President for
Economic Policy, in consultation with the Director of
the Office and Technology Policy and, if appropriate,
the National Space Council, shall resolve the dispute
through the interagency process described in the
national security memorandum of the President entitled
`Memorandum on Renewing the National Security Council
System', issued on February 4, 2021; and
``(C) the Under Secretary shall advise the
Commission on the executive branch position following
the adjudication and decision under the process
described in this paragraph.
``(4) Post-commission action procedures.--If the Commission
takes a spectrum action to make spectrum available for non-
Federal use and an affected Federal entity has knowledge,
unforeseen before the Commission took the spectrum action, that
the non-Federal use is causing or potentially will cause
harmful interference to existing Federal operations or non-
Federal operations that are regulated by the Federal entity--
``(A) not later than 45 days after the date on
which the affected Federal entity learns of the
unforeseen risk of harmful interference, the Federal
entity may formally request that the Under Secretary
address the issue with the Commission for an
appropriate remedy, which request shall--
``(i) clearly indicate the manner in which
the public interest will be implicated or
harmed or in which the mission of the Federal
entity will be adversely affected;
``(ii) present evidence to the Under
Secretary that the non-Federal use is causing
or potentially will cause harmful interference
or potential harm to the public interest,
including any technical or scientific data that
supports that position; and
``(iii) explain why the Federal entity
cannot take steps to ensure mission continuity
that are consistent with the spectrum action of
the Commission;
``(B) if the Under Secretary believes that the
affected Federal entity has produced sufficient
evidence under subparagraph (A) that the non-Federal
use will risk harmful interference that cannot be
reasonably mitigated without Commission action, the
Under Secretary, not later than 60 days after receiving
the request from the Federal entity, shall address the
Commission under established processes under the
Memorandum and, as applicable, the Practice and
Procedure of the Commission under part 1 of title 47,
Code of Federal Regulations, or any successor
regulations, for seeking appropriate relief; and
``(C) if the Under Secretary concludes that there
is not sufficient evidence to seek relief from the
Commission, the affected Federal entity may follow the
processes established under paragraphs (2) and (3) of
this subsection.
``(5) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, or other information reflecting technical,
procedural, or policy concerns that are exempt from disclosure
under section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act').
``(c) Federal Spectrum Coordination Responsibilities.--
``(1) In general.--Not later than 90 days after the date of
enactment of this section, the Under Secretary shall establish
a charter for the Spectrum Advisory Council.
``(2) Spectrum advisory council representative.--
``(A) In general.--The head of each Federal entity
that is reflected in the membership of the Spectrum
Advisory Council, as identified in the charter
established under paragraph (1), shall appoint a
senior-level employee (or an individual occupying a
Senior Executive Service position, as defined in
section 3132(a) of title 5, United States Code) who is
eligible to receive a security clearance that allows
for access to sensitive compartmented information to
serve as the representative of the Federal entity to
the Spectrum Advisory Council.
``(B) Security clearance requirement.--If an
individual appointed under subparagraph (A) is not
eligible to receive a security clearance described in
that subparagraph--
``(i) the appointment shall be invalid; and
``(ii) the head of the Federal entity
making the appointment shall appoint another
individual who satisfies the requirements of
that subparagraph, including the requirement
that the individual is eligible to receive such
a security clearance.
``(3) Duties.--An individual appointed under paragraph (2)
shall--
``(A) oversee the spectrum coordination policies
and procedures of the applicable Federal entity;
``(B) be responsible for timely notification of
technical or procedural concerns of the applicable
Federal entity to the Spectrum Advisory Council;
``(C) work closely with the representative of the
applicable Federal entity to the Interdepartment Radio
Advisory Committee;
``(D) respond to a request from the NTIA for, and
to the extent feasible, share with the NTIA, any
technical and operational information needed to
facilitate spectrum coordination not later than--
``(i) the applicable reasonable deadline
established by the NTIA, at the discretion of
the NTIA, pursuant to section IV(3) of the
Memorandum, or any successor provision; or
``(ii) 45 days after the date of the
request, in the case of a request to which
clause (i) does not apply;
``(E) furnish the NTIA with all relevant
information to be considered for filing with the
Commission;
``(F) coordinate with the NTIA on a significant
regulatory action to be taken by the applicable Federal
entity pursuant to its regulatory authority directly
relating to spectrum before the Federal entity submits
the regulatory action to the Office of Information and
Regulatory Affairs in accordance with Executive Order
12866 (5 U.S.C. 601 note; relating to regulatory
planning and review); and
``(G) collaborate with the NTIA on spectrum
planning.
``(d) Coordination Between Federal Agencies and the NTIA.--
``(1) Updates.--Not later than 3 years after the date of
enactment of this section, and every 4 years thereafter (or
more frequently, as appropriate), the Commission and the NTIA
shall reassess the Memorandum and, based on such a
reassessment, update the Memorandum, as necessary.
``(2) Nature of update.--Any update to the Memorandum under
paragraph (1) shall reflect changing technological, procedural,
and policy circumstances, as determined necessary and
appropriate by the Commission and the NTIA.
``(e) Annual Report to Congress.--Not later than 1 year after the
date of enactment of this section, and annually thereafter, the Chair
and the Under Secretary shall submit to Congress a report on joint
spectrum planning activities conducted by the Chair and the Under
Secretary under this section.
``(f) Testing.--A Federal entity shall coordinate and reach
agreement with the NTIA before carrying out any electromagnetic
compatibility study or testing plan that the Federal entity seeks to be
considered in formulating the views of the executive branch regarding
spectrum regulatory matters.
``(g) Report on Spectrum Management Principles and Methods.--Not
later than May 14, 2025, the Under Secretary, in coordination with the
Spectrum Advisory Council, shall publish a report that identifies--
``(1) spectrum management principles and methods to guide
the Federal Government in spectrum studies and science;
``(2) coordination guidelines for spectrum studies; and
``(3) processes for determining types of studies, criteria,
assumptions, and timelines that shall be acceptable in
decision-making involving the use of Federal spectrum and the
use of non-Federal spectrum by Federal entities.''.
SEC. 202. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND
INFORMATION.
(a) In General.--Section 103(a)(2) of the National
Telecommunications and Information Administration Organization Act (47
U.S.C. 902(a)(2)) is amended by striking ``Assistant Secretary of
Commerce for Communications and Information'' and inserting ``Under
Secretary of Commerce for Communications and Information''.
(b) Pay.--Subchapter II of chapter 53 of title 5, United States
Code, is amended--
(1) in section 5314, by striking ``and Under Secretary of
Commerce for Minority Business Development'' and inserting
``Under Secretary of Commerce for Minority Business
Development, and Under Secretary of Commerce for Communications
and Information''; and
(2) in section 5315, by striking ``(11)'' after ``Assistant
Secretaries of Commerce'' and inserting ``(10)''.
(c) Deputy Under Secretary.--
(1) In general.--Section 103(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 902(a)), as amended by subsection (a) of this
section, is amended by adding at the end the following:
``(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information shall--
``(A) be the principal policy advisor of the Under
Secretary;
``(B) perform such other functions as the Under
Secretary shall from time to time assign or delegate;
and
``(C) act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a
vacancy in the office of the Under Secretary.''.
(2) Technical and conforming amendment.--Section 106(c) of
the Public Telecommunications Financing Act of 1978 (5 U.S.C.
5316 note; Public Law 95-567) is amended by striking ``The
position of Deputy Assistant Secretary of Commerce for
Communications and Information, established in Department of
Commerce Organization Order Numbered 10-10 (effective March 26,
1978),'' and inserting ``The position of Deputy Under Secretary
of Commerce for Communications and Information, established
under section 103(a) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
902(a)),''.
(d) Technical and Conforming Amendments.--
(1) Communications act of 1934.--Section 344(d)(2) of the
Communications Act of 1934 (as added by section 60602(a) of the
Infrastructure Investment and Jobs Act (Public Law 117-58)) is
amended by striking ``Assistant Secretary'' and inserting
``Under Secretary''.
(2) National telecommunications and information
administration organization act.--The National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 901 et seq.) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(3) Homeland security act of 2002.--Section 1805(d)(2) of
the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is
amended by striking ``Assistant Secretary for Communications
and Information of the Department of Commerce'' and inserting
``Under Secretary of Commerce for Communications and
Information''.
(4) Agriculture improvement act of 2018.--Section 6212 of
the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is
amended--
(A) in subsection (d)(1), in the heading, by
striking ``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(5) REAL id act of 2005.--Section 303 of the REAL ID Act of
2005 (8 U.S.C. 1721 note; Public Law 109-13) is repealed.
(6) Broadband data improvement act.--Section 214 of the
Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
(A) in subsection (a), in the matter preceding
paragraph (1), by striking ``Assistant Secretary'' and
inserting ``Under Secretary'';
(B) by striking subsection (b); and
(C) by redesignating subsection (c) as subsection
(b).
(7) Electronic signatures in global and national commerce
act.--Section 103(c) of the Electronic Signatures in Global and
National Commerce Act (15 U.S.C. 7003(c)) is amended--
(A) by striking ``Exceptions'' and all that follows
through ``Determinations.--If'' and inserting
``Exceptions.--If''; and
(B) by striking ``such exceptions'' and inserting
``of the exceptions in subsections (a) and (b)''.
(8) Title 17, united states code.--Section 1201 of title
17, United States Code, is amended--
(A) in subsection (a)(1)(C), in the matter
preceding clause (i), by striking ``Assistant Secretary
for Communications and Information of the Department of
Commerce'' and inserting ``Under Secretary of Commerce
for Communications and Information''; and
(B) in subsection (g), by striking paragraph (5).
(9) Unlocking consumer choice and wireless competition
act.--Section 2(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of Commerce''
and inserting ``Under Secretary of Commerce for Communications
and Information''.
(10) Implementing recommendations of the 9/11 commission
act of 2007.--Section 2201(d) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C.
247d-3a note; Public Law 110-53) is repealed.
(11) Communications satellite act of 1962.--Section
625(a)(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d(a)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.
(12) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74)
is amended--
(A) in section 1002(1), in the heading, by striking
``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(13) Warning, alert, and response network act.--Section 606
of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) in subsection (b), in the first sentence, by
striking ``Assistant Secretary of Commerce for
Communications and Information'' and inserting ``Under
Secretary of Commerce for Communications and
Information''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(14) American recovery and reinvestment act of 2009.--
Section 6001 of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305) is amended by striking ``Assistant
Secretary'' each place the term appears and inserting ``Under
Secretary''.
(15) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in section 6001 (47 U.S.C. 1401)--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5)
through (31) as paragraphs (4) through (30),
respectively; and
(iii) by inserting after paragraph (30), as
so redesignated, the following:
``(31) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.'';
(B) in subtitle D (47 U.S.C. 1451 et seq.)--
(i) in section 6406 (47 U.S.C. 1453)--
(I) by striking subsections (b) and
(c); and
(II) by inserting after subsection
(a) the following:
``(b) Definition.--In this section, the term `5350 -5470 MHz band'
means the portion of the electromagnetic spectrum between the
frequencies from 5350 megahertz to 5470 megahertz.''; and
(ii) by striking section 6408; and
(C) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(16) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.
(17) Secure and trusted communications networks act of
2019.--Section 8 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection (c)(1), in the heading, by
striking ``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(18) Title 51, united states code.--Section 50112(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``Assistant Secretary''
each place the term appears and inserting ``Under Secretary''.
(19) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260; 134
Stat. 1182) is amended--
(A) in title IX of division N--
(i) in section 902(a)(2) (47 U.S.C.
1306(a)(2)), in the heading, by striking
``assistant secretary'' and inserting ``under
secretary'';
(ii) in section 905 (47 U.S.C. 1705)--
(I) in subsection (a)(1), in the
heading, by striking ``assistant
secretary'' and inserting ``under
secretary'';
(II) in subsection (c)(3)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(III) in subsection (d)(2)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading,
by striking ``assistant secretary'' and
inserting ``under secretary''; and
(ii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''.
(20) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58; 135
Stat. 429) is amended--
(A) in section 27003, by striking ``Assistant
Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in section 60102 (47 U.S.C. 1702)--
(I) in subsection (a)(2)(A), by
striking ``assistant secretary'' and
inserting ``under secretary'';
(II) in subsection (d)(1), by
striking ``assistant secretary'' and
inserting ``under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B),
by striking ``assistant
secretary'' and inserting
``under secretary''; and
(bb) in paragraph
(5)(B)(iii), by striking
``assistant secretary'' and
inserting ``under secretary'';
(ii) in title III--
(I) in section 60302(5) (47 U.S.C.
1721(5)), by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(II) in section 60305(d)(2)(B)(ii)
(47 U.S.C. 1724(d)(2)(B)(ii)), by
striking ``assistant secretary'' and
inserting ``under secretary'';
(iii) in section 60401(a)(2) (47 U.S.C.
1741(a)(2)), by striking ``assistant
secretary'' and inserting ``under secretary'';
and
(iv) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary'';
(C) in section 90008(b)(3) (47 U.S.C. 921 note), by
striking ``Assistant Secretary'' and inserting ``Under
Secretary''; and
(D) in division J, in title I, in the matter under
the heading ``distance learning, telemedicine, and
broadband program'' under the heading ``Rural Utilities
Service'' under the heading ``RURAL DEVELOPMENT
PROGRAMS'', by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
(e) Continuation in Office.--The individual serving as the
Assistant Secretary of Commerce for Communications and Information and
the individual serving as the Deputy Assistant Secretary of Commerce
for Communications and Information on the day before the date of
enactment of this Act may serve as the Under Secretary of Commerce for
Communications and Information and the Deputy Under Secretary of
Commerce for Communications and Information, respectively, on and after
that date without the need for renomination or reappointment.
(f) References.--Any reference in any other Federal law, Executive
order, rule, regulation, or delegation of authority, or any document of
or pertaining to the Assistant Secretary of Commerce for Communications
and Information is deemed to refer to the Under Secretary of Commerce
for Communications and Information.
(g) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(A) that have been issued, made, granted, or
allowed to become effective by the Assistant Secretary
of Commerce for Communications and Information, any
officer or employee of the National Telecommunications
and Information Administration, or any other Government
official, or by a court of competent jurisdiction; and
(B) that are in effect on the date of enactment of
this Act (or become effective after that date pursuant
to their terms as in effect on that date),
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or revoked in
accordance with law by the President, any other authorized
official, a court of competent jurisdiction, or operation of
law.
(2) Nonabatement of actions.--No suit, action, or other
proceeding commenced by or against the Assistant Secretary of
Commerce for Communications and Information shall abate by
reason of the enactment of this title and the amendments made
by this title.
(3) Proceedings.--This title, and the amendments made by
this title, shall not affect any proceedings or any application
for any benefits, service, license, permit, certificate, or
financial assistance pending on the date of enactment of this
Act before the National Telecommunications and Information
Administration, but those proceedings and applications shall be
continued. Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be made pursuant
to such orders, as if this title had not been enacted, and
orders issued in any such proceeding shall continue in effect
until modified, terminated, superseded, or revoked by a duly
authorized official, by a court of competent jurisdiction, or
by operation of law. Nothing in this paragraph shall be
considered to prohibit the discontinuance or modification of
any such proceeding under the same terms and conditions and to
the same extent that the proceeding could have been
discontinued or modified if this title had not been enacted.
(4) Suits.--This title, and the amendments made by this
title, shall not affect suits commenced before the date of
enactment of this Act, and in all such suits, proceeding shall
be had, appeals taken, and judgments rendered in the same
manner and with the same effect as if this title, and the
amendments made by this title, had not been enacted.
TITLE III--CREATION OF A SPECTRUM PIPELINE
SEC. 301. CREATION OF A SPECTRUM PIPELINE.
(a) Definitions.--In this section:
(1) Affected federal entity.--The term ``affected Federal
entity'' means a Federal entity--
(A) with operations in any band of frequencies
described in subsection (b)(1); and
(B) that the Under Secretary determines might be
affected by a reallocation in a band described in
subparagraph (A).
(2) Co-lead.--The term ``co-lead'' means an official who--
(A) is the head of a Federal entity--
(i) with operations in a band of
frequencies described in subsection (b)(1)(A);
and
(ii) that the Under Secretary determines
might be affected by a reallocation in a band
of frequencies described in subsection
(b)(1)(A); and
(B) elects to serve as a co-lead of the feasibility
assessment required under subsection (b).
(3) Federal entity.--The term ``Federal entity'' has the
meaning given the term in section 113(l) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 923(l)).
(b) Feasibility Assessment.--
(1) Completion of assessment.--The Secretary of Commerce,
acting through the Under Secretary, with the assistance of the
co-leads, shall complete a feasibility assessment of making
spectrum available for--
(A) non-Federal use, shared Federal and non-Federal
use, or a combination thereof, in the bands of
frequencies between 7125 and 8500 megahertz, inclusive;
and
(B) shared Federal and non-Federal use in the bands
of frequencies between 37000 and 37600 megahertz,
inclusive.
(2) Other requirements.--In conducting the feasibility
assessment required under paragraph (1), the Under Secretary,
with the assistance of the co-leads, shall--
(A) coordinate directly with each affected Federal
entity with respect to frequencies allocated to, and
used by, that affected Federal entity in the bands
described in that paragraph and in affected adjacent or
near adjacent bands;
(B) ensure that each affected Federal entity leads
that portion of the feasibility assessment that is
relevant to individual mission requirements of the
affected Federal entity for the systems supported by
the incumbent spectrum assignments in an applicable
band of frequencies;
(C) consider dynamic spectrum sharing, such as an
incumbent informing capability, as required under
section 120 of the National Telecommunications and
Information Administration Organization Act, as added
by section 102 of this Act, and, for the bands of
frequencies described in paragraph (1)(A), relocation
of systems, compression or re-packing of systems,
consolidation of systems, and any other re-purposing
options the Under Secretary, with the assistance of the
co-leads, determines will enable the most efficient and
effective use of frequencies considered under that
paragraph; and
(D) comply with the requirements of section 113(j)
of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 923(j)).
(3) Assistance from affected federal entities.--Each
affected Federal entity shall provide any assistance that the
Under Secretary and the co-leads determine necessary in order
to carry out the assessment required under this subsection.
(4) Deadline for completion of assessment.--The Under
Secretary and the co-leads shall complete the assessment
required under this subsection--
(A) if affected Federal entities submit requests
for funding under subsection (c)(1), not later than 2
years after the date on which all such requests for
funding have been approved or denied; and
(B) if no affected Federal entity submits a request
for funding under subsection (c)(1), not later than 850
days after the date of enactment of this Act.
(c) Funding of Activities To Assist in Conducting Feasibility
Assessment.--
(1) In general.--If an affected Federal entity determines
that the affected Federal entity requires funding to conduct
activities described in section 118(g) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928(g)) that are necessary to assist the Under
Secretary and the co-leads in carrying out the assessment
required under subsection (b), the affected Federal entity
shall, not later than 120 days after the date of enactment of
this Act, submit a request for payment pursuant to such section
118(g).
(2) Exemption.--Section 118(g)(2)(D)(ii) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect
to a payment requested under paragraph (1).
(d) Report to the Commission and Congress.--
(1) In general.--Not later than 30 days after the date on
which the Under Secretary and the co-leads complete the
feasibility assessment required under subsection (b), and
subject to the other requirements of this subsection, the Under
Secretary shall submit to the Commission and Congress a report
regarding that assessment.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) which Federal entities are affected Federal
entities and the contributions of those affected
Federal entities to the feasibility assessment required
under subsection (b);
(B) the necessary steps to make the bands of
frequencies considered under subsection (b)(1)(A)
available for non-Federal use, shared Federal and non-
Federal use, or a combination thereof, including--
(i) the technical requirements necessary to
make those bands of frequencies available for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use; and
(ii) an estimate of the cost to affected
Federal entities to make the bands of
frequencies considered under subsection
(b)(1)(A) available for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use;
(C) the necessary steps to make the bands of
frequencies considered under subsection (b)(1)(B)
available for shared Federal and non-Federal use,
including the technical requirements necessary to make
those bands so available and an estimate of the cost to
affected Federal entities to make those bands so
available;
(D) an assessment of the likelihood that
authorizing mobile or fixed terrestrial operations in
any of the frequencies considered under subsection
(b)(1)(B) would result in harmful interference to an
affected Federal entity; and
(E) an assessment of the potential impact that
authorizing mobile or fixed terrestrial wireless
operations, including advanced mobile services
operations, in any of the frequencies considered under
subsection (b) could have on the mission of an affected
Federal entity.
(3) Public availability.--The Under Secretary shall ensure
that all information in the report submitted under this
subsection that is permitted to be released to the public is
made available on the public website of the National
Telecommunications and Information Administration.
(4) Classified information.--If there is classified
material in the report submitted under this subsection, the
Under Secretary shall--
(A) provide the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and each
other committee of Congress with jurisdiction over
affected Federal entities with operations in the
applicable bands of frequencies with a briefing on the
classified components of that report; and
(B) transmit at least 1 copy of both the classified
report and the classified annexes to the sensitive
compartmented information facilities of the Senate and
House of Representatives.
(5) Preparation of report.--Before finalizing the report
required under this subsection with respect to the feasibility
assessment required under subsection (b), the Under Secretary
shall--
(A) submit the report for review by the Spectrum
Advisory Council; and
(B) resolve any disputes regarding the feasibility
assessment through the interagency process described in
the national security memorandum of the President
entitled ``Memorandum on Renewing the National Security
Council System'', issued on February 4, 2021.
(6) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, law enforcement sensitive information, or other
information reflecting technical, procedural, or policy
concerns subject to protection under section 552 of title 5,
United States Code.
(e) Reports on Future Feasibility Assessments.--
(1) In general.--Not later than 30 days after the date on
which the Under Secretary completes any feasibility assessment
with respect to bands of electromagnetic spectrum (other than
the assessment required under subsection (b)), the Under
Secretary shall submit to the Commission and Congress a report
regarding that assessment.
(2) Contents.--Each report required under paragraph (1)
shall include, with respect to the applicable feasibility
assessment described in that paragraph--
(A) the Federal entities identified by the
Assistant Secretary with equities in the bands with
respect to frequencies allocated to, and used by, those
Federal entities and the contributions of those Federal
entities to that feasibility assessment;
(B) the necessary steps to make the bands of
frequencies considered under that feasibility
assessment available for non-Federal use, shared
Federal and non-Federal use, or a combination thereof,
including--
(i) the technical requirements necessary to
make bands in the frequencies considered under
that feasibility assessment available for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use; and
(ii) an estimate of the cost to Federal
entities affected by making bands in the
frequencies considered under that feasibility
assessment available for--
(I) exclusive non-Federal use; and
(II) shared Federal and non-Federal
use;
(C) an assessment of the likelihood that
authorizing mobile or fixed terrestrial operations in
any of the frequencies considered under that
feasibility assessment would result in harmful
interference to a Federal entity; and
(D) an assessment of the potential impact that
authorizing mobile or fixed terrestrial wireless
operations, including advanced mobile services
operations, in any of the frequencies considered under
that feasibility assessment could have on the mission
of a Federal entity.
(3) Public availability.--The Under Secretary shall ensure
that all information in a report submitted under this
subsection that may be released to the public is made available
on the public website of the National Telecommunications and
Information Administration.
(4) Classified information.--If there is classified
material in a report submitted under this subsection, the Under
Secretary shall--
(A) provide the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Energy
and Commerce of the House of Representatives, and each
other committee of Congress with jurisdiction over
Federal entities with equities in the applicable bands
of frequencies with a briefing on the classified
components of that report; and
(B) transmit at least 1 copy of both the classified
report and the classified annexes to the sensitive
compartmented information facilities of the Senate and
House of Representatives.
(5) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, law enforcement sensitive information, or other
information reflecting technical, procedural, or policy
concerns subject to protection under section 552 of title 5,
United States Code.
SEC. 302. SPECTRUM AUCTIONS.
Not later than December 30, 2027, the Commission shall complete a
system of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for
the band of frequencies between 12700 megahertz and 13250 megahertz,
inclusive.
TITLE IV--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 401. EXTENSION OF FCC AUCTION AUTHORITY.
Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C.
309(j)(11)) is amended by striking ``March 9, 2023'' and inserting
``September 30, 2029''.
TITLE V--WORKFORCE DEVELOPMENT
Subtitle A--Improving Minority Participation
SEC. 501. SHORT TITLE.
This subtitle may be cited as the ``Improving Minority
Participation And Careers in Telecommunications Act'' or the ``IMPACT
Act''.
SEC. 502. DEFINITIONS.
(a) Definitions.--In this subtitle:
(1) Covered grant.--The term ``covered grant'' means a
grant awarded under section 503.
(2) Eligible entity.--The term ``eligible entity'' means a
historically Black college or university, a Tribal College or
University, or any other minority-serving institution, or a
consortium of those entities, that forms a partnership with 1
or more of the following entities to carry out a training
program:
(A) A member of the telecommunications industry,
such as a company or industry association.
(B) A labor or labor-management organization with
experience working in the telecommunications industry,
the electromagnetic spectrum industry, or a similar
industry.
(C) The Telecommunications Industry Registered
Apprenticeship Program.
(D) A nonprofit organization dedicated to helping
individuals gain employment in the telecommunications
or electromagnetic spectrum industry.
(E) A community or technical college with
experience in providing workforce development for
individuals seeking employment in the
telecommunications industry, electromagnetic spectrum
industry, or a similar industry.
(F) A Federal agency laboratory specializing in
telecommunications or electromagnetic spectrum
technology that is located within the National
Telecommunications and Information Administration.
(3) Grant program.--The term ``Grant Program'' means the
Telecommunications Workforce Training Grant Program established
under section 503.
(4) Hispanic-serving institution.--The term ``Hispanic-
serving institution'' has the meaning given the term in section
502(a) of the Higher Education Act of 1965 (20 U.S.C.
1101a(a)).
(5) Historically black college or university.--The term
``historically Black college or university'' has the meaning
given the term ``part B institution'' in section 322 of the
Higher Education Act of 1965 (20 U.S.C. 1061).
(6) Improper payment.--The term ``improper payment'' has
the meaning given the term in section 2(d) of the Improper
Payments Information Act of 2002 (Public Law 107-300; 116 Stat.
2351).
(7) Industry field activity.--The term ``industry field
activity'' means an activity at an active telecommunications,
cable, or broadband network worksite, such as a tower,
construction site, or network management hub.
(8) Industry partner.--The term ``industry partner'' means
an entity described in any of subparagraphs (A) through (F) of
paragraph (2) with which an eligible entity forms a partnership
to carry out a training program.
(9) Minority-serving institution.--The term ``minority-
serving institution'' means an eligible institution described
in section 371(a) of the Higher Education Act of 1965 (20
U.S.C. 1067q(a)).
(10) Registered apprenticeship program.--The term
``registered apprenticeship program'' means an apprenticeship
registered under the Act of August 16, 1937 (commonly known as
the ``National Apprenticeship Act''; 50 Stat. 664, chapter
663).
(11) Training program.--The term ``training program'' means
a credit or non-credit program developed by an eligible entity,
in partnership with an industry partner, that--
(A) is designed to educate and train students to
participate in the telecommunications or
electromagnetic spectrum workforce; and
(B) includes a curriculum and apprenticeship or
internship opportunity that can also be paired with--
(i) a degree program; or
(ii) stacked credentialing toward a degree.
(12) Tribal college or university.--The term ``Tribal
College or University'' has the meaning given the term in
section 316(b) of the Higher Education Act of 1965 (20 U.S.C.
1059c(b)).
SEC. 503. PROGRAM.
(a) Program.--The Under Secretary, acting through the Director of
the Office of Minority Broadband Initiatives established under section
902(b)(1) of division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1306), shall establish a program, to be known as the
``Telecommunications Workforce Training Grant Program'', under which
the Under Secretary shall award grants to eligible entities to develop
training programs.
(b) Application.--
(1) In general.--An eligible entity desiring a covered
grant shall submit to the Under Secretary an application at
such time, in such manner, and containing such information as
the Under Secretary may require.
(2) Contents.--An eligible entity shall include in an
application submitted under paragraph (1)--
(A) a commitment from the industry partner of the
eligible entity to collaborate with the eligible entity
to develop a training program, including curricula and
internships or apprenticeships;
(B) a description of how the eligible entity plans
to use the covered grant funds, including the type of
training program the eligible entity plans to develop;
(C) a plan for recruitment of students and
potential students to participate in the applicable
training program;
(D) a plan to increase female student participation
in the applicable training program;
(E) a description of potential jobs to be secured
through the applicable training program, including jobs
in the communities surrounding the eligible entity; and
(F) a description of how the eligible entity will
meet the short-term and long-term goals established
under subsection (e)(2) and performance metrics
established under that subsection.
(c) Use of Funds.--An eligible entity may use covered grant funds,
with respect to the training program of the eligible entity, to--
(1) hire faculty members to teach courses in the applicable
training program;
(2) train faculty members to prepare students for
employment in jobs related to the deployment of next-generation
wired and wireless communications networks, including 5G
networks, hybrid fiber-coaxial networks, and fiber
infrastructure, particularly in--
(A) broadband, electromagnetic spectrum, or
wireless network engineering;
(B) network deployment and maintenance; and
(C) industry field activities;
(3) design and develop curricula and other components
necessary for degrees, courses, or programs of study, including
certificate programs and credentialing programs, that comprise
the training program;
(4) pay for costs associated with instruction under the
training program, including the costs of equipment,
telecommunications training towers, laboratory space, classroom
space, and instructional field activities;
(5) fund scholarships, student internships,
apprenticeships, and pre-apprenticeship opportunities in the
areas described in paragraph (2);
(6) recruit students for the training program; and
(7) support the enrollment in the training program of
individuals working in the telecommunications or
electromagnetic spectrum industry in order for those
individuals to advance professionally in the industry.
(d) Grant Awards.--
(1) Deadline.--Not later than 2 years after the date on
which amounts are made available to carry out this section, the
Under Secretary shall award all covered grants.
(2) Minimum allocation to certain entities.--Of the total
amount of covered grants made under this section, the Under
Secretary shall award not less than--
(A) 20 percent of covered grant amounts to eligible
entities that include historically Black colleges or
universities;
(B) 20 percent of covered grant amounts to eligible
entities that include Tribal Colleges or Universities;
and
(C) 20 percent of covered grant amounts to eligible
entities that include Hispanic-serving institutions.
(3) Coordination.--The Under Secretary shall ensure that
covered grant amounts awarded under paragraph (2) are
coordinated with grant amounts provided under section 902 of
division N of the Consolidated Appropriations Act, 2021 (47
U.S.C. 1306).
(4) Construction.--In awarding covered grants for education
relating to construction, the Under Secretary may prioritize
applications that partner with registered apprenticeship
programs, industry-led apprenticeship programs, pre-
apprenticeship programs, other work-based learning
opportunities, or public 2-year community or technical colleges
that have a written agreement with 1 or more registered
apprenticeship programs, industry-led apprenticeship programs,
pre-apprenticeship programs, or other work-based learning
opportunities.
(e) Rules.--
(1) Issuance.--Not later than 180 days after the date of
enactment of this Act, after providing public notice and an
opportunity to comment, the Under Secretary, in consultation
with the Secretary of Labor and the Secretary of Education,
shall issue final rules governing the Grant Program.
(2) Content of rules.--In the rules issued under paragraph
(1), the Under Secretary shall--
(A) establish short-term and long-term goals for an
eligible entity that receives a covered grant;
(B) establish performance metrics that demonstrate
whether the goals described in paragraph (1) have been
met by an eligible entity;
(C) identify the steps the Under Secretary will
take to award covered grants through the Grant Program
if the demand for covered grants exceeds the amount
appropriated to carry out the Grant Program; and
(D) develop criteria for evaluating applications
for covered grants.
(f) Term.--The Under Secretary shall establish the term of a
covered grant, which may not be less than 5 years.
(g) Grantee Reports.--During the term of a covered grant received
by an eligible entity, the eligible entity shall submit to the Under
Secretary a semiannual report that, with respect to the preceding 180-
day period--
(1) describes how the eligible entity used the covered
grant amounts;
(2) describes the progress the eligible entity made in
developing and executing the applicable training program;
(3) describes the number of faculty and students
participating in the applicable training program;
(4) describes the partnership with the industry partner of
the eligible entity, including--
(A) the commitments and in-kind contributions made
by the industry partner; and
(B) the role of the industry partner in curriculum
development, the degree program, and internships and
apprenticeships;
(5) includes data on internship, apprenticeship, and
employment opportunities and placements; and
(6) provides information determined necessary by Under
Secretary to--
(A) measure progress toward the goals established
under subsection (e)(2)(A); and
(B) assess whether the goals described in
subparagraph (A) are being met.
(h) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce shall audit the Grant Program in order to--
(A) ensure that eligible entities use covered grant
amounts in accordance with the requirements of this
section, including the purposes for which covered
grants may be used, as described in subsection (c); and
(B) prevent waste, fraud, abuse, and improper
payments in the operation of the Grant Program.
(2) Revocation of funds.--The Under Secretary shall revoke
a covered grant awarded to an eligible entity if the eligible
entity is not in compliance with the requirements of this
section, including if the eligible entity uses the grant for a
purpose that is not in compliance with subsection (c).
(3) Audit findings.--Any finding by the Inspector General
of the Department of Commerce under paragraph (1) of waste,
fraud, or abuse in the Grant Program, or that an improper
payment has been made with respect to the Grant Program, shall
identify the following:
(A) Any entity within the eligible entity that
committed the applicable act.
(B) The amount of funding made available from the
Grant Program to the eligible entity.
(C) The amount of funding determined to be an
improper payment to an eligible entity, if applicable.
(4) Notification of audit findings.--Not later than 7 days
after making a finding under paragraph (1) of waste, fraud, or
abuse in the Grant Program, or that an improper payment has
been made with respect to the Grant Program, the Inspector
General of the Department of Commerce shall concurrently notify
the Under Secretary, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Energy and
Commerce of the House of Representatives of that finding, which
shall include the information identified under paragraph (3)
with respect to the finding.
(5) Fraud risk management.--The Under Secretary shall, with
respect to the Grant Program--
(A) designate an entity within the Office of
Minority Broadband Initiatives to lead fraud risk
management activities;
(B) ensure that the entity designated under
subparagraph (A) has defined responsibilities and the
necessary authority to serve the role of the entity;
(C) conduct risk-based monitoring and evaluation of
fraud risk management activities with a focus on
outcome measurement;
(D) collect and analyze data from reporting
mechanisms and instances of detected fraud for real-
time monitoring of fraud trends;
(E) use the results of the monitoring, evaluations,
and investigations to improve fraud prevention,
detection, and response;
(F) plan regular fraud risk assessments and assess
risks to determine a fraud risk profile;
(G) develop, document, and communicate an antifraud
strategy, focusing on preventative control activities;
(H) consider the benefits and costs of controls to
prevent and detect potential fraud and develop a fraud
response plan; and
(I) establish collaborative relationships with
stakeholders and create incentives to help ensure
effective implementation of the antifraud strategy.
(i) Annual Report to Congress.--Until the year in which all covered
grants have expired, the Under Secretary shall submit to Congress an
annual report that, for the year covered by the report--
(1) identifies each eligible entity that received a covered
grant and the amount of the covered grant;
(2) describes the progress each eligible entity described
in paragraph (1) has made toward accomplishing the overall
purpose of the Grant Program, as described in subsection (c);
(3) summarizes the job placement status or apprenticeship
opportunities of students who have participated in each
training program;
(4) includes the findings of any audits conducted by the
Inspector General of the Department of Commerce under
subsection (h)(1) that were not included in the previous report
submitted under this subsection; and
(5) includes information on--
(A) the progress of each eligibly entity towards
the short-term and long-term goals established under
subsection (e)(2)(A); and
(B) the performance of each eligible entity with
respect to the performance metrics described in
subsection (e)(2)(B).
Subtitle B--National Spectrum Workforce Plan
SEC. 511. NATIONAL SPECTRUM WORKFORCE PLAN.
(a) National Spectrum Workforce Plan.--Not later than 1 year after
the date of enactment of this Act, the Under Secretary, in coordination
with the Executive Office of the President, and in consultation with
the heads of the member agencies of the Spectrum Advisory Council and
the stakeholders described in subsection (b), shall develop a National
Spectrum Workforce Plan to--
(1) understand the spectrum workforce development needs for
the United States;
(2) prioritize the development of, and enhancement to, the
spectrum ecosystem workforce, including the operational,
technical, and policy positions involved in spectrum-related
activities; and
(3) consider strategies and methods to encourage the
development of spectrum engineering training programs, work-
study programs, and trade school certification programs to
strengthen the spectrum workforce ecosystem.
(b) Stakeholder Engagement.--The Under Secretary, in coordination
with the Executive Office of the President, shall use the collaborative
framework established under section 101(d) to collect input from
stakeholders, including academia, Federal agencies, Tribal Nations, and
industry, to identify the education and training programs necessary to
equip the existing workforce, and prepare the future workforce, to meet
the evolving spectrum-related workforce demands.
(c) Updates.--Not later than 3 years after the date of enactment of
this Act, and once every 4 years thereafter (or more frequently, as
appropriate, as determined by the Under Secretary), the Under
Secretary, in coordination with the Executive Office of the President,
shall update the National Spectrum Workforce Plan developed under
subsection (a).
(d) Report to Congress.--The Under Secretary shall submit to
Congress the National Spectrum Workforce Plan established subsection
(a) and any updates to that Plan made under subsection (c).
TITLE VI--SPECTRUM AUCTION TRUST FUND
SEC. 601. DEFINITION.
In this title, the term ``covered auction'' means a system of
competitive bidding--
(1) conducted under section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, that
commences during the period beginning on March 9, 2023, and
ending on September 30, 2029;
(2) conducted under section 309(j) of the Communications
Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, for the
band of frequencies between 12700 megahertz and 13250
megahertz, inclusive, on or after the date of enactment of this
Act;
(3) that involves a band of frequencies described in
section 113(g)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(g)(2)) and is conducted on or after the date of enactment
of this Act; or
(4) with respect to which the Commission shares with a
licensee a portion of the proceeds, as described in paragraph
(8)(G) of section 309(j) of the Communications Act of 1934 (47
U.S.C. 309(j)), as amended by this Act, and that is conducted
on or after the date of enactment of this Act.
SEC. 602. SPECTRUM AUCTION TRUST FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a fund to be known as the ``Spectrum Auction
Trust Fund'' (referred to in this section as the ``Fund'') for
the purposes described in subparagraphs (A) through (I) of
subsection (c)(1).
(2) Amounts available until expended.--Amounts deposited in
the Fund shall remain available until expended.
(b) Deposit of Proceeds.--
(1) In general.--Notwithstanding any other provision of
law, except section 309(j)(8)(B) of the Communications Act of
1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including deposits
and upfront payments from successful bidders) from any covered
auction shall be deposited or available as follows:
(A) With respect to a covered auction described in
paragraph (3) or (4) of section 601, the proceeds of
the covered auction shall be deposited or available as
follows:
(i) With respect to a covered auction
described in section 601(3)--
(I) such amount of those proceeds
as is necessary to cover 110 percent of
the relocation or sharing costs (as
defined in subsection (g)(3) of section
113 of the National Telecommunications
and Information Administration
Organization Act (47 U.S.C. 923)) of
Federal entities (as defined in
subsection (l) of such section 113)
relocated from or sharing such eligible
frequencies shall be deposited in the
Spectrum Relocation Fund established
under section 118 of such Act (47
U.S.C. 928); and
(II) any remaining proceeds after
making the deposit described in
subclause (I) shall be deposited in
accordance with subsection (c).
(ii) With respect to a covered auction
described in section 601(4)--
(I) such amount of those proceeds
as the Commission has agreed to share
with licensees under section
309(j)(8)(G) of the Communications Act
of 1934 (47 U.S.C. 309(j)(8)(G)) shall
be shared with those licensees; and
(II) any remaining proceeds after
sharing proceeds, as described in
subclause (I), shall be deposited in
accordance with subsection (c).
(B) After carrying out subparagraph (A) (if that
subparagraph is applicable to the covered auction),
$2,000,000,000 of the proceeds of the covered auction
shall be deposited in the general fund of the Treasury,
where those proceeds shall be dedicated for the sole
purpose of deficit reduction.
(C) Any proceeds of the covered auction that remain
after carrying out subparagraphs (A) and (B) shall be
deposited in accordance with subsection (c).
(2) Proceeds of spectrum pipeline act of 2015 auction.--
Except as provided in section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and
notwithstanding any other provision of law (including paragraph
(1)), the proceeds of the system of competitive bidding
required under section 1004 of the Spectrum Pipeline Act of
2015 (47 U.S.C. 921 note) shall be deposited or available as
follows:
(A) If that system of competitive bidding is a
covered auction described in paragraph (3) or (4) of
section 601, the proceeds of the system of competitive
bidding shall be deposited or available as follows:
(i) With respect to a covered auction
described in section 601(3), such amount of
those proceeds as is necessary to cover 110
percent of the relocation or sharing costs (as
defined in subsection (g)(3) of section 113 of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C.
923)) of Federal entities (as defined in
subsection (l) of such section 113) relocated
from or sharing such eligible frequencies shall
be deposited in the Spectrum Relocation Fund
established under section 118 of such Act (47
U.S.C. 928).
(ii) With respect to a covered auction
described in section 601(4), such amount of
those proceeds as the Commission has agreed to
share with licensees under section 309(j)(8)(G)
of the Communications Act of 1934 (47 U.S.C.
309(j)(8)(G)) shall be shared with those
licensees.
(B) After carrying out subparagraph (A) (if that
subparagraph is applicable to that system of
competitive bidding), $300,000,000 of the proceeds of
that system of competitive bidding shall be deposited
in the general fund of the Treasury, where those
proceeds shall be dedicated for the sole purpose of
deficit reduction.
(C) Any proceeds of that system of competitive
bidding that remain after carrying out subparagraphs
(A) and (B) shall be deposited in accordance with
subsection (c).
(c) Deposit of Funds.--
(1) In general.--Notwithstanding any other provision of law
(except for subsection (b)), an aggregate total amount of
$20,605,000,000 of the proceeds of covered auctions that remain
after carrying out that subsection shall be deposited in the
Fund as follows:
(A) 12 percent of those remaining amounts, but not
more than $3,080,000,000 cumulatively, shall be
transferred to the general fund of the Treasury to
reimburse the amount borrowed under subsection
(d)(1)(A).
(B) 12 percent of those remaining amounts, but not
more than $5,000,000,000 cumulatively, shall be
transferred to the general fund of the Treasury to
reimburse the amount borrowed under subsection
(d)(1)(B).
(C) 12 percent of those remaining amounts, but not
more than $2,000,000,000 cumulatively, shall be
transferred to the general fund of the Treasury to
reimburse the amount borrowed under subsection
(e)(1)(A).
(D) 12 percent of those amounts, but not more than
$3,000,000,000 cumulatively, shall be transferred to
the general fund of the Treasury to reimburse the
amount borrowed under subsection (e)(1)(B).
(E) 12 percent of those remaining amounts, but not
more than $2,000,000,000 cumulatively, shall be made
available to the Under Secretary, to remain available
until expended, to carry out sections 159, 160, and 161
of the National Telecommunications and Information
Administration Organization Act, as added by section
801 of this Act, except that not more than 4 percent of
the amount made available under this subparagraph may
be used for administrative purposes (including carrying
out such sections 160 and 161).
(F) 12 percent of those remaining amounts, but not
more than $3,300,000,000 cumulatively, shall be made
available to the Director of the National Science
Foundation to carry out research and related
activities, of which--
(i) $1,650,000,000 shall be for the
Directorate for Technology, Innovation, and
Partnerships established under section 10381 of
the Research and Development, Competition, and
Innovation Act (42 U.S.C. 19101); and
(ii) $1,650,000,000 shall be used to carry
out other research and related activities for
which amounts are authorized to be appropriated
under section 10303 of the Research and
Development, Competition, and Innovation Act
(Public Law 117-167).
(G) 12 percent of those remaining amounts, but not
more than $1,700,000,000 cumulatively, shall be made
available to the Under Secretary of Commerce for
Standards and Technology, of which--
(i) $1,475,000,000 shall be used to carry
out scientific and technical research and
services laboratory activities under subtitle B
of title II of the Research and Development,
Competition, and Innovation Act (42 U.S.C.
18931 et seq.); and
(ii) $225,000,000 shall be used for Safety,
Capacity, Maintenance, and Major Repairs for
which amounts are authorized to be appropriated
under section 10211 of the Research and
Development, Competition, and Innovation Act
(Public Law 117-167).
(H) 12 percent of those remaining amounts, but not
more than $500,000,000 cumulatively, shall be made
available to the Under Secretary to carry out the
Telecommunications Workforce Training Grant Program
established under section 503.
(I) 4 percent of those remaining amounts, but not
more than $25,000,000 cumulatively, shall be made
available to the Under Secretary and the Secretary of
Defense for the purpose of research and development,
engineering studies, economic analyses, activities with
respect to systems, or other planning activities to
improve efficiency and effectiveness of spectrum use of
the Department of Defense.
(2) Distribution.--If the maximum amount permitted under
any subparagraph of paragraph (1) is reached, whether through
covered auction proceeds or appropriations to the program
specified in that subparagraph, any remaining proceeds from the
amount of proceeds of covered auctions described in that
paragraph shall be deposited pro rata based on the original
distribution to all subparagraphs of paragraph (1) for which
the maximum amount permitted has not been met.
(3) Deficit reduction.--After the amounts required to be
made available by paragraphs (1) and (2) are so made available,
any remaining amounts shall be deposited in the general fund of
the Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
(d) FCC Borrowing Authority.--
(1) In general.--Subject to the limitation under paragraph
(2), not later than 90 days after the date of enactment of this
Act, the Commission may borrow from the Treasury of the United
States an amount not to exceed--
(A) $3,080,000,000 to carry out the Secure and
Trusted Communications Networks Act of 2019 (47 U.S.C.
1601 et seq.); and
(B) $5,000,000,000 to carry out section 904 of
division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1752).
(2) Limitation.--The Commission may not use any funds
borrowed under this subsection in a manner that may result in
outlays on or after December 31, 2033.
(e) Department of Commerce Borrowing Authority.--
(1) In general.--Subject to the limitation under paragraph
(2), not later than 90 days after the date of enactment of this
Act, the Secretary of Commerce may borrow from the Treasury of
the United States an amount not to exceed--
(A) $2,000,000,000 to carry out section 28 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15
U.S.C. 3722a); and
(B) $3,000,000,000 for the fund established under
section 102(a) of the CHIPS Act of 2022 (15 U.S.C. 4651
note), which shall be used to carry out section 9902 of
the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (15 U.S.C.
4652).
(2) Limitation.--The Secretary of Commerce may not use any
funds borrowed under this subsection in a manner that may
result in outlays on or after December 31, 2033.
(f) Reporting Requirement.--Not later than 2 years after the date
of enactment of this Act, and annually thereafter until funds are fully
expended, the heads of the agencies to which funds are made available
under each subparagraph of subsection (c)(1) shall submit to the
Committee on Commerce, Science, and Transportation of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report on the amount transferred or made available under the applicable
subparagraph.
TITLE VII--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
SEC. 701. INCREASE IN LIMITATION ON EXPENDITURE.
Section 4(k) of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000''
and inserting ``$4,980,000,000''.
TITLE VIII--NEXT GENERATION 9-1-1
SEC. 801. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
Part C of the National Telecommunications and Information
Administration Organization Act is amended by adding at the end the
following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Duties of Under Secretary With Respect to Next Generation 9-
1-1.--
``(1) In general.--The Under Secretary, after consulting
with the Administrator, shall--
``(A) take actions, in coordination with State
points of contact described in subsection (c)(3)(A)(ii)
as applicable, to improve coordination and
communication with respect to the implementation of
Next Generation 9-1-1;
``(B) develop, collect, and disseminate information
concerning the practices, procedures, and technology
used in the implementation of Next Generation 9-1-1;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (c)(3)(A)(iii);
``(D) provide technical assistance to eligible
entities provided a grant under subsection (c) in
support of efforts to explore efficiencies related to
Next Generation 9-1-1;
``(E) review and approve or disapprove applications
for grants under subsection (c); and
``(F) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(2) Annual reports.--Not later than October 1, 2025, and
each year thereafter until funds made available to make grants
under subsection (c) are no longer available to be expended,
the Under Secretary shall submit to Congress a report on the
activities conducted by the Under Secretary under paragraph (1)
in the year preceding the submission of the report.
``(3) Assistance.--The Under Secretary may seek the
assistance of the Administrator in carrying out the duties
described in subparagraphs (A) through (D) of paragraph (1) as
the Under Secretary determines necessary.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--The Under Secretary, after
consulting with the Administrator, shall develop a
management plan for the grant program established under
this section, including by developing--
``(i) plans related to the organizational
structure of the grant program; and
``(ii) funding profiles for each fiscal
year of the duration of the grant program.
``(B) Submission to congress.--Not later than 180
days after the date of enactment of this section, the
Under Secretary shall--
``(i) submit the management plan developed
under subparagraph (A) to--
``(I) the Committee on Commerce,
Science, and Transportation and the
Committee on Appropriations of the
Senate; and
``(II) the Committee on Energy and
Commerce and the Committee on
Appropriations of the House of
Representatives;
``(ii) publish the management plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) provide the management plan to the
Administrator for the purpose of publishing the
management plan on the website of the National
Highway Traffic Safety Administration.
``(2) Modification of plan.--
``(A) Modification.--The Under Secretary, after
consulting with the Administrator, may modify the
management plan developed under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Under
Secretary shall--
``(i) submit the modified plan to--
``(I) the Committee on Commerce,
Science, and Transportation and the
Committee on Appropriations of the
Senate; and
``(II) the Committee on Energy and
Commerce and the Committee on
Appropriations of the House of
Representatives;
``(ii) publish the modified plan on the
website of the National Telecommunications and
Information Administration; and
``(iii) provide the modified plan to the
Administrator for the purpose of publishing the
modified plan on the website of the National
Highway Traffic and Safety Administration.
``(c) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Under Secretary shall provide grants to
eligible entities for--
``(A) implementing Next Generation 9-1-1;
``(B) maintaining Next Generation 9-1-1;
``(C) training directly related to implementing,
maintaining, and operating Next Generation 9-1-1 if the
cost related to the training does not exceed--
``(i) 3 percent of the total grant award
for eligible entities that are not Tribes; and
``(ii) 5 percent of the total grant award
for eligible entities that are Tribes;
``(D) public outreach and education on how the
public can best use Next Generation 9-1-1 and the
capabilities and usefulness of Next Generation 9-1-1;
``(E) administrative costs associated with planning
of Next Generation 9-1-1, including any cost related to
planning for and preparing an application and related
materials as required by this subsection, if--
``(i) the cost is fully documented in
materials submitted to the Under Secretary; and
``(ii) the cost is reasonable and necessary
and does not exceed--
``(I) 1 percent of the total grant
award for eligible entities that are
not Tribes; and
``(II) 2 percent of the total grant
award for eligible entities that are
Tribes; and
``(F) costs associated with implementing
cybersecurity measures at emergency communications
centers or with respect to Next Generation 9-1-1.
``(2) Application.--In providing grants under paragraph
(1), the Under Secretary, after consulting with the
Administrator, shall require an eligible entity to submit to
the Under Secretary an application, at the time and in the
manner determined by the Under Secretary, containing the
certification required by paragraph (3).
``(3) Coordination required.--An eligible entity shall
include in the application required by paragraph (2) a
certification that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of the entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for the State, except
that the designation need not vest the officer
or governmental body with direct legal
authority to implement Next Generation 9-1-1 or
to manage emergency communications operations;
and
``(iii) has developed and submitted a plan
for the coordination and implementation of Next
Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) ensures reliability;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
``(V) includes strategies for
coordinating cybersecurity information
sharing between Federal, State, Tribal,
and local government partners;
``(VI) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VII) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VIII) includes a governance body
or bodies, either by creation of new,
or use of existing, body or bodies, for
the development and deployment of Next
Generation 9-1-1 that--
``(aa) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(IX) creates efficiencies related
to Next Generation 9-1-1 functions,
including cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(X) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
``(aa) requiring
certificate authorities to be
capable of cross-certification
with other authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribe, the entity has complied with clauses (i) and
(iii) of subparagraph (A) (except for subclause
(VIII)(bb) of such clause (iii)).
``(4) Criteria.--
``(A) In general.--Not later than 1 year after the
date of enactment of this section, the Under Secretary,
after consulting with the Administrator, shall issue
rules, after providing the public with notice and an
opportunity to comment, establishing the criteria for
selecting eligible entities for grants under this
subsection.
``(B) Requirements.--The criteria established under
subparagraph (A) shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this subsection; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Under Secretary shall update
the rules issued under subparagraph (A) as necessary.
``(5) Grant certifications.--An eligible entity shall
certify to the Under Secretary at the time of application for a
grant under this subsection, and an eligible entity that
receives such a grant shall certify to the Under Secretary
annually thereafter during the period during which the funds
from the grant are available to the eligible entity, that--
``(A) beginning on the date that is 180 days before
the date on which the application is filed, no portion
of any 9-1-1 fee or charge imposed by the eligible
entity (or if the eligible entity is not a State or
Tribe, any State or taxing jurisdiction within which
the eligible entity will carry out, or is carrying out,
activities using grant funds) is obligated or expended
for a purpose or function not designated as acceptable
under the rules issued under section 6(f)(3) of the
Wireless Communications and Public Safety Act of 1999
(47 U.S.C. 615a-1(f)(3)) (as those rules are in effect
on the date on which the eligible entity makes the
certification);
``(B) any funds received by the eligible entity
will be used, consistent with paragraph (1), to support
the deployment of Next Generation 9-1-1 in a manner
that ensures reliability and interoperability by
requiring the use of commonly accepted standards;
``(C) the eligible entity (or if the eligible
entity is not a State or Tribe, any State or taxing
jurisdiction within which the eligible entity will
carry out or is carrying out activities using grant
funds) has established, or has committed to establish
not later than 3 years after the date on which the
grant funds are distributed to the eligible entity--
``(i) a sustainable funding mechanism for
Next Generation 9-1-1; and
``(ii) effective cybersecurity resources
for Next Generation 9-1-1;
``(D) the eligible entity will promote
interoperability between emergency communications
centers deploying Next Generation 9-1-1 and emergency
response providers, including users of the nationwide
public safety broadband network;
``(E) the eligible entity has taken or will take
steps to coordinate with adjoining States and Tribes to
establish and maintain Next Generation 9-1-1; and
``(F) the eligible entity has developed a plan for
public outreach and education on how the public can
best use Next Generation 9-1-1 and on the capabilities
and usefulness of Next Generation 9-1-1.
``(6) Condition of grant.--An eligible entity shall agree,
as a condition of receipt of a grant under this subsection,
that if any State or taxing jurisdiction within which the
eligible entity will carry out activities using grant funds
fails to comply with a certification required under paragraph
(5), during the period during which the funds from the grant
are available to the eligible entity, all of the funds from the
grant shall be returned to the Under Secretary.
``(7) Penalty for providing false information.--An eligible
entity that knowingly provides false information in a
certification under paragraph (5)--
``(A) shall not be eligible to receive the grant
under this subsection;
``(B) shall return any grant awarded under this
subsection; and
``(C) shall not be eligible to receive any
subsequent grants under this subsection.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First
Responder Network Authority; or
``(B) to make any payments to a person who has
been, for reasons of national security, prohibited by
any entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(d) Definitions.--In this section and sections 160 and 161:
``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge'
has the meaning given the term in section 6(f)(3)(D) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a-1(f)(3)(D)).
``(2) 9-1-1 request for emergency assistance.--The term `9-
1-1 request for emergency assistance' means a communication,
such as voice, text, picture, multimedia, or any other type of
data, that is sent to an emergency communications center for
the purpose of requesting emergency assistance.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--The term `commonly
accepted standards' means the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that--
``(A) enable interoperability; and
``(B) are--
``(i) developed and approved by a standards
development organization that is accredited by
an American standards body (such as the
American National Standards Institute) or an
equivalent international standards body in a
process--
``(I) that is open for
participation by any person; and
``(II) provides for a conflict
resolution process;
``(ii) subject to an open comment and input
process before being finalized by the standards
development organization;
``(iii) consensus-based; and
``(iv) made publicly available once
approved.
``(5) Cost related to the training.--The term `cost related
to the training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible entity'--
``(A) means--
``(i) a State or a Tribe; or
``(ii) an entity, including a public
authority, board, or commission, established by
1 or more entities described in clause (i); and
``(B) does not include any entity that has failed
to submit the certifications required under subsection
(c)(5).
``(7) Emergency communications center.--
``(A) In general.--The term `emergency
communications center' means--
``(i) a facility that--
``(I) is designated to receive a 9-
1-1 request for emergency assistance;
and
``(II) performs 1 or more of the
functions described in subparagraph
(B); or
``(ii) a public safety answering point, as
defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
``(B) Functions described.--The functions described
in this subparagraph are the following:
``(i) Processing and analyzing 9-1-1
requests for emergency assistance and
information and data related to such requests.
``(ii) Dispatching appropriate emergency
response providers.
``(iii) Transferring or exchanging 9-1-1
requests for emergency assistance and
information and data related to such requests
with 1 or more other emergency communications
centers and emergency response providers.
``(iv) Analyzing any communications
received from emergency response providers.
``(v) Supporting incident command
functions.
``(8) Emergency response provider.--The term `emergency
response provider' has the meaning given that term in section 2
of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1424).
``(10) Interoperability.--The term `interoperability' means
the capability of emergency communications centers to receive
9-1-1 requests for emergency assistance and information and
data related to such requests, such as location information and
callback numbers from a person initiating the request, then
process and share the 9-1-1 requests for emergency assistance
and information and data related to such requests with other
emergency communications centers and emergency response
providers without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device, software,
service provider, or other relevant factors.
``(11) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(12) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an Internet Protocol-based system that--
``(A) ensures interoperability;
``(B) is secure;
``(C) employs commonly accepted standards;
``(D) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(E) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(F) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(13) Reliability.--The term `reliability' means the
employment of sufficient measures to ensure the ongoing
operation of Next Generation 9-1-1, including through the use
of geo-diverse, device- and network-agnostic elements that
provide more than 1 route between end points with no common
points where a single failure at that point would cause all
routes to fail.
``(14) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
``(15) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.
``(16) Tribe.--The term `Tribe' has the meaning given to
the term `Indian Tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(e)).
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Under Secretary, after consulting with the Administrator and
the Director of the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security, shall establish a Next Generation
9-1-1 Cybersecurity Center to coordinate with State, local, and
regional governments on the sharing of cybersecurity information about,
the analysis of cybersecurity threats to, and guidelines for strategies
to detect and prevent cybersecurity intrusions relating to Next
Generation 9-1-1.
``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--The Under Secretary shall establish a
Public Safety Next Generation 9-1-1 Advisory Board (in this
section referred to as the `Board') to provide recommendations
to the Under Secretary--
``(A) with respect to carrying out the duties and
responsibilities of the Under Secretary in issuing the
rules required under section 159(c)(4);
``(B) as required by paragraph (7) of this
subsection; and
``(C) upon request under paragraph (8) of this
subsection.
``(2) Membership.--
``(A) Appointment.--Not later than 150 days after
the date of enactment of this section, the Under
Secretary shall appoint 16 members to the Board, of
which--
``(i) 4 members shall represent local law
enforcement officials;
``(ii) 4 members shall represent fire and
rescue officials;
``(iii) 4 members shall represent emergency
medical service officials; and
``(iv) 4 members shall represent 9-1-1
professionals.
``(B) Diversity of membership.--Members of the
Board shall be representatives of States or Tribes and
local governments, chosen to reflect geographic and
population density differences, as well as public
safety organizations at the national level across the
United States.
``(C) Expertise.--Each member of the Board shall
have specific expertise necessary for developing
technical requirements under this section, such as
technical expertise, and expertise related to public
safety communications and 9-1-1 services.
``(D) Rank and file members.--In making the
appointments under subparagraph (A), the Under
Secretary shall appoint a rank and file member from
each of the public safety disciplines listed in clauses
(i) through (iv) of that subparagraph as a member of
the Board and shall select the member from an
organization that represents its public safety
discipline at the national level.
``(3) Period of appointment.--
``(A) In general.--Except as provided in
subparagraph (B), a member of the Board shall serve for
a 3-year term.
``(B) Removal for cause.--A member of the Board may
be removed for cause upon the determination of the
Under Secretary.
``(4) Vacancies.--A vacancy in the Board shall be filled in
the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(7) Duty of board to submit recommendations.--Not later
than 120 days after all members of the Board are appointed
under paragraph (2), the Board shall submit to the Under
Secretary recommendations for--
``(A) deploying Next Generation 9-1-1 in rural and
urban areas;
``(B) ensuring flexibility in guidance, rules, and
grant funding to allow for technology improvements;
``(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(D) enabling effective coordination among State,
local, Tribal, and territorial government entities to
ensure that the needs of emergency communications
centers in both rural and urban areas are taken into
account in each implementation plan required under
section 159(c)(3)(A)(iii); and
``(E) incorporating existing cybersecurity
resources into Next Generation 9-1-1 procurement and
deployment.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Under Secretary only upon
request of the Under Secretary.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(c) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Under Secretary to seek
comment from stakeholders and the public.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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