II 

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. LUJA ́N) 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Spectrum and National Security Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 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 


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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. 

1 SEC. 2. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) electromagnetic spectrum is a scarce, valu4 able resource that fuels the technological leadership 

5 of the United States globally, which supports the na6 tional security and critical operations of the United 

7 States; 


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1 (2) because spectrum is a finite and limited re2 source, the United States must invest in advanced 

3 spectrum technologies, such as dynamic spectrum 

4 sharing, to make the best use of spectrum to pro5 mote private sector innovation, and protect and fur6 ther the mission of Federal agencies; 

7 (3) to retain the global technology leadership of 

8 the United States, the United States must have an 

9 accurate assessment of the current and future de10 mand for spectrum, and the tools to meet that de11 mand; 

12 (4) ensuring a clear and fair process for Fed13 eral agencies to assess how to meet the demand for 

14 spectrum and reauthorizing the spectrum auction 

15 authority of the Commission will provide the tools 

16 described in paragraph (3); 

17 (5) as agreed to by both the Department of De18 fense and the National Telecommunications and In19 formation Administration in the National Spectrum 

20 Strategy, an assessment of future spectrum demand, 

21 the promotion of research and development on dy22 namic spectrum sharing and other new and emerg23 ing spectrum technologies, and support for a work24 force to support an advanced spectrum ecosystem 

25 are critical for expanding the overall capacity, 


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1 usability, and efficiency of spectrum to enhance the 

2 competitiveness and national security of the United 

3 States; and 

4 (6) a unified, forward-looking domestic spec5 trum policy is vital for enabling the United States 

6 to advocate effectively for its interests on the global 

7 stage, including at the International Telecommuni8 cation Union, against the competing spectrum poli9 cies advanced by foreign adversaries. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Communications Commission. 

14 (2) DYNAMIC SPECTRUM SHARING.—The term 

15 ‘‘dynamic spectrum sharing’’ means a technique that 

16 enables multiple electromagnetic spectrum users to 

17 operate on the same frequencies in the same geo18 graphic area without causing harmful interference to 

19 other users by using capabilities that can adjust and 

20 optimize electromagnetic spectrum usage in real 

21 time or near-real time, consistent with defined regu22 lations and policies for a particular spectrum band. 

23 (3) SPECTRUM ADVISORY COUNCIL.—The term 

24 ‘‘Spectrum Advisory Council’’ has the meaning given 

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1 communications and Information Administration Or2 ganization Act, as added by section 201 of this Act. 

3 (4) UNDER SECRETARY.—The term ‘‘Under 

4 Secretary’’ means the Under Secretary of Commerce 

5 for Communications and Information, as so des6 ignated by the amendment made by section 202(a). 

7 TITLE I—DEVELOPMENT OF 

8 SPECTRUM MAXIMIZING 

9 TECHNOLOGIES 

10 SEC. 101. NATIONAL SPECTRUM RESEARCH AND DEVELOP11 MENT PLAN. 

12 (a) DEFINITION.—In this section, the term ‘‘Federal 

13 entity’’ has the meaning given the term in section 113(l) 

14 of the National Telecommunications and Information Ad15 ministration Organization Act (47 U.S.C. 923(l)). 

16 (b) DYNAMIC SPECTRUM SHARING.— 

17 (1) NATIONAL TESTBED.—Not later than 18 

18 months after the date of enactment of this Act, the 

19 Under Secretary shall establish, or coordinate with 

20 other Federal entities to establish or identify, a na21 tional testbed for dynamic spectrum sharing that— 

22 (A) enables the identification of bands of 

23 Federal and non-Federal spectrum that can be 

24 accessed on a short-term basis for experimen25 tation; 


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1 (B) considers specific areas for testing and 

2 measurement to improve future study efforts 

3 across spectrum bands, including researching 

4 and developing solutions that can be applied 

5 across a range of spectrum bands; 

6 (C) is focused on developing technologically 

7 neutral approaches; 

8 (D) enables Federal entities to work coop9 eratively with non-Federal entities, including in10 dustry entities, academic institutions, and re11 search organizations, to objectively examine new 

12 technologies to improve spectrum management; 

13 and 

14 (E) minimizes duplication of effort by syn15 chronizing, to the extent practicable, with other 

16 relevant research and engineering activities un17 derway across the Federal Government in areas 

18 including artificial intelligence, machine learn19 ing, zero-trust networks, data-source manage20 ment, autonomy and autonomous systems, and 

21 advanced radar technologies. 

22 (2) FUNDING.—The Under Secretary may use 

23 the funding provided under section 602(c)(1)(E) of 

24 this Act to establish the national testbed for dy25 namic spectrum sharing under paragraph (1). 


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1 (c) RESEARCH AND DEVELOPMENT PLAN.—The Of2 fice of Science and Technology Policy, in coordination with 

3 each member agency of the Spectrum Advisory Council, 

4 shall develop a National Spectrum Research and Develop5 ment Plan that— 

6 (1) identifies the key innovation areas for spec7 trum research and development, including dynamic 

8 spectrum sharing, artificial intelligence and machine 

9 learning techniques, and other emerging technologies 

10 for improving spectrum efficiency and innovation; 

11 (2) establishes a process to refine and enhance 

12 the innovation areas identified under paragraph (1) 

13 on an ongoing basis; 

14 (3) considers recommendations developed 

15 through the collaborative framework established 

16 under subsection (d)(1); and 

17 (4) will encourage Federal entities to conduct 

18 spectrum-related testing and research in cooperation 

19 with the Institute for Telecommunication Sciences of 

20 the National Telecommunications and Information 

21 Administration. 

22 (d) PUBLIC AND PRIVATE SECTOR COLLABORATIVE

23 FRAMEWORK.— 

24 (1) ESTABLISHMENT.—The Under Secretary, 

25 in coordination with the Commission, as appropriate, 


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1 shall establish a collaborative framework for coordi2 nation, technical exchange, and information sharing 

3 between Federal entities and non-Federal entities for 

4 purposes of short-term and long-term spectrum 

5 planning and management. 

6 (2) REQUIREMENTS.—The collaborative frame7 work established under paragraph (1) shall con8 sider— 

9 (A) leveraging Federal and non-Federal 

10 advisory groups that advise the Federal Govern11 ment on spectrum planning or management, as 

12 appropriate; 

13 (B) identifying new advisory groups that 

14 could be established to aid long-term spectrum 

15 planning; 

16 (C) defining the interactions among the 

17 groups described in subparagraphs (A) and (B), 

18 including their roles and responsibilities and de19 sired outputs; 

20 (D) adhering to applicable interagency 

21 memoranda of understanding on spectrum plan22 ning or management; 

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1 derserved populations, Tribal Nations, and the 

2 Native Hawaiian community; and 

3 (F) establishing a standardized submission 

4 process for Federal entities and non-Federal en5 tities to provide information, on an ongoing 

6 basis, regarding their current and projected fu7 ture spectrum needs. 

8 (3) EVIDENCE-BASED SPECTRUM DECISION9 MAKING.—The Under Secretary shall use the col10 laborative framework established under paragraph 

11 (1) to develop best practices for conducting technical 

12 and economic analyses that are— 

13 (A) data-driven; 

14 (B) science-based; 

15 (C) peer-reviewed; and 

16 (D) publicly available in an easily acces17 sible electronic format, to the extent prac18 ticable, with appropriate redactions for classi19 fied information, or other information reflecting 

20 technical, procedural, or policy concerns that 

21 are exempt from disclosure under section 552 

22 of title 5, United States Code (commonly known 

23 as the ‘‘Freedom of Information Act’’). 

24 (e) PROMOTION OF ADVANCED SPECTRUM-SHARING

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1 mote the development of advanced spectrum-sharing tech2 nologies, including dynamic spectrum sharing, by identi3 fying, in coordination with the Commission— 

4 (1) incentives for non-Federal development and 

5 use of such technologies; and 

6 (2) mechanisms to incentivize non-Federal 

7 users to adopt such technologies. 

8 SEC. 102. COMMON SHARING PLATFORM; INCUMBENT IN9 FORMING CAPABILITY. 

10 (a) IN GENERAL.—Part B of the National Tele11 communications and Information Administration Organi12 zation Act (47 U.S.C. 921 et seq.) is amended by adding 

13 at the end the following: 

14 ‘‘SEC. 120. INCUMBENT INFORMING CAPABILITY. 

15 ‘‘(a) IN GENERAL.—The Under Secretary shall— 

16 ‘‘(1) not later than 120 days after the date of 

17 enactment of this section, begin to amend the De18 partment of Commerce spectrum management docu19 ment entitled ‘Manual of Regulations and Proce20 dures for Federal Radio Frequency Management’ so 

21 as to incorporate an incumbent informing capability; 

22 and 

23 ‘‘(2) not later than 90 days after the date of 

24 enactment of this section, begin to implement such 


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1 capability, including initiating the development and 

2 testing of such capability. 

3 ‘‘(b) ESTABLISHMENT OF THE INCUMBENT INFORM4 ING CAPABILITY.— 

5 ‘‘(1) IN GENERAL.—The incumbent informing 

6 capability required by subsection (a) shall include a 

7 system to enable sharing, including time-based shar8 ing and coordination, to securely manage spectrum 

9 access to mitigate the risk of harmful interference 

10 between non-Federal users and incumbent Federal 

11 entities sharing a band of covered spectrum and be12 tween Federal entities sharing a band of covered 

13 spectrum. 

14 ‘‘(2) REQUIREMENTS.—The system required by 

15 paragraph (1) shall contain, at a minimum, the fol16 lowing: 

17 ‘‘(A) One or more mechanisms (that shall 

18 include interfaces to commerce sharing systems, 

19 as appropriate) to allow non-Federal use in cov20 ered spectrum, as authorized by the rules of the 

21 Commission. 

22 ‘‘(B) One or more mechanisms to facilitate 

23 Federal-to-Federal sharing, as authorized by 

24 the NTIA. 


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1 ‘‘(C) One or more mechanisms to prevent, 

2 eliminate, or mitigate harmful interference to 

3 and from incumbent Federal entities, including 

4 one or more of the following functions: 

5 ‘‘(i) Sensing. 

6 ‘‘(ii) Identification. 

7 ‘‘(iii) Reporting. 

8 ‘‘(iv) Analysis. 

9 ‘‘(v) Resolution. 

10 ‘‘(D) Dynamic coordination area analysis, 

11 definition, and control, if appropriate for a 

12 band. 

13 ‘‘(3) COMPLIANCE WITH COMMISSION RULES.— 

14 The incumbent informing capability required by sub15 section (a) shall ensure that use of covered spectrum 

16 is in accordance with the applicable rules of the 

17 Commission. 

18 ‘‘(4) INPUT OF INFORMATION.—Each incum19 bent Federal entity sharing a band of covered spec20 trum shall— 

21 ‘‘(A) input into the system required by 

22 paragraph (1) such information as the Under 

23 Secretary may require, including the frequency, 

24 time, and location of the use of the band by the 

25 Federal entity; and 


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1 ‘‘(B) to the extent practicable, input the 

2 information into the system on an automated 

3 basis. 

4 ‘‘(5) PROTECTION OF CLASSIFIED INFORMA5 TION AND CONTROLLED UNCLASSIFIED INFORMA6 TION.— 

7 ‘‘(A) IN GENERAL.—The system required 

8 by paragraph (1) shall contain appropriate 

9 measures to protect classified information and 

10 controlled unclassified information, including 

11 any such classified information or controlled 

12 unclassified information that relates to Federal 

13 operations. 

14 ‘‘(B) MECHANISM.—The Under Secretary 

15 shall develop a mechanism— 

16 ‘‘(i) for information sharing between 

17 classified and unclassified databases; and 

18 ‘‘(ii) to address issues of aggregate 

19 classification challenges. 

20 ‘‘(6) CONSULTATION.— 

21 ‘‘(A) FEDERAL AGENCIES.—The Under 

22 Secretary shall consult with the heads of other 

23 relevant Federal agencies on the development, 

24 testing, and implementation of the incumbent 

25 informing capability to ensure consideration of 


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1 the operational and mission requirements of 

2 those Federal agencies. 

3 ‘‘(B) STAKEHOLDER FEEDBACK.—The 

4 Under Secretary shall solicit stakeholder feed5 back from Federal and non-Federal users of the 

6 incumbent informing capability, including on— 

7 ‘‘(i) how best to mitigate risks to in8 cumbent Federal users and missions; 

9 ‘‘(ii) which mitigation measures could 

10 enable secondary access by non-Federal 

11 users to avoid operational impact; and 

12 ‘‘(iii) a process for incumbent Federal 

13 users to share complaints or report harm14 ful interference and mission impact, in15 cluding how the impact to Federal mis16 sions would be assessed. 

17 ‘‘(c) BRIEFING.—Not later than December 16, 2024, 

18 and annually thereafter, the Under Secretary shall provide 

19 a briefing on the implementation and operation of the in20 cumbent informing capability to— 

21 ‘‘(1) the Committee on Commerce, Science, and 

22 Transportation of the Senate; and 

23 ‘‘(2) the Committee on Energy and Commerce 

24 of the House of Representatives. 


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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to alter or expand the authority 

3 of the NTIA as described in section 113(j)(1). 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) COVERED SPECTRUM.—The term ‘covered 

6 spectrum’ means— 

7 ‘‘(A) electromagnetic spectrum for which 

8 usage rights are assigned to or authorized for 

9 (including before the date on which the incum10 bent informing capability required by subsection 

11 (a) is implemented) a non-Federal user or class 

12 of non-Federal users for use on a shared basis 

13 with an incumbent Federal entity in accordance 

14 with the rules of the Commission; and 

15 ‘‘(B) electromagnetic spectrum allocated 

16 on a primary or co-primary basis for Federal 

17 use that is shared among Federal entities. 

18 ‘‘(2) FEDERAL ENTITY.—The term ‘Federal en19 tity’ has the meaning given the term in section 

20 113(l). 

21 ‘‘(3) INCUMBENT INFORMING CAPABILITY.— 

22 The term ‘incumbent informing capability’ means a 

23 capability to facilitate the sharing of covered spec24 trum.’’. 


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1 (b) FUNDING.—On the date of enactment of this Act, 

2 the Director of the Office of Management and Budget 

3 shall transfer $120,000,000 from the Spectrum Relocation 

4 Fund established under section 118 of the National Tele5 communications and Information Administration Organi6 zation Act (47 U.S.C. 928) to the National Telecommuni7 cations and Information Administration for the purpose 

8 of establishing the incumbent informing capability under 

9 section 120 of that Act, as added by subsection (a). 

10 TITLE II—EXERTING UNITED 

11 STATES SPECTRUM LEADERSHIP 

12 SEC. 201. EMPOWERING FEDERAL AGENCIES IN THE MAN13 AGEMENT OF THEIR SPECTRUM. 

14 Part A of the National Telecommunications and In15 formation Administration Organization Act (47 U.S.C. 

16 901 et seq.) is amended by adding at the end the fol17 lowing: 

18 ‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT. 

19 ‘‘(a) DEFINITIONS.—In this section: 

20 ‘‘(1) CHAIR.—The term ‘Chair’ means the 

21 Chair of the Commission. 

22 ‘‘(2) COMMISSION.—The term ‘Commission’ 

23 means the Federal Communications Commission. 

24 ‘‘(3) MEMORANDUM.—The term ‘Memorandum’ 

25 means the Memorandum of Understanding between 


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1 the Commission and the National Telecommuni2 cations and Information Administration (relating to 

3 increased coordination between Federal spectrum 

4 management agencies to promote the efficient use of 

5 the radio spectrum in the public interest), signed on 

6 August 1, 2022, or any successor memorandum. 

7 ‘‘(4) SPECTRUM ACTION.—The term ‘spectrum 

8 action’ means any proposed action by the Commis9 sion to reallocate radio frequency spectrum that— 

10 ‘‘(A) is anticipated to result in— 

11 ‘‘(i) a system of competitive bidding 

12 conducted under section 309(j) of the 

13 Communications Act of 1934 (47 U.S.C. 

14 309(j)); or 

15 ‘‘(ii) some other form of licensing; and 

16 ‘‘(B) could potentially impact the spectrum 

17 operations of a Federal entity. 

18 ‘‘(5) SPECTRUM ADVISORY COUNCIL.—The 

19 term ‘Spectrum Advisory Council’ means the inter20 agency advisory body established under the memo21 randum of the President entitled ‘Memorandum on 

22 Modernizing United States Spectrum Policy and Es23 tablishing a National Spectrum Strategy’, issued on 

24 November 13, 2023, or any successor interagency 

25 advisory body. 


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1 ‘‘(b) FEDERAL COORDINATION PROCEDURES.— 

2 ‘‘(1) RESPONSIBILITIES OF NTIA.—The Under 

3 Secretary shall— 

4 ‘‘(A) ensure, in coordination with the Spec5 trum Advisory Council and, as appropriate, the 

6 Interdepartment Radio Advisory Committee, 

7 that the views of the executive branch on spec8 trum matters are properly— 

9 ‘‘(i) developed; 

10 ‘‘(ii) documented; and 

11 ‘‘(iii) presented, as necessary, to the 

12 Commission and, as appropriate and in co13 ordination with the Director of the Office 

14 of Management and Budget, to Congress, 

15 as required by sections 102(b)(6) and 

16 103(b)(2)(J); 

17 ‘‘(B) adhere to the terms of the Memo18 randum; 

19 ‘‘(C) solicit views of affected Federal enti20 ties and provide those Federal entities with suf21 ficient time and procedures to present their 

22 views and supporting technical information to 

23 the NTIA; 

24 ‘‘(D) provide affected Federal entities with 

25 timely written feedback explaining why and how 


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1 their views will be taken into account in the po2 sition that the NTIA communicates to the 

3 Commission; 

4 ‘‘(E) facilitate the presentation by affected 

5 Federal entities of classified or otherwise sen6 sitive views to the Commission; 

7 ‘‘(F) develop the position of the executive 

8 branch on issues related to spectrum, including 

9 any supporting technical and operational infor10 mation to facilitate decision-making by the 

11 Commission; 

12 ‘‘(G) provide the position described in sub13 paragraph (F) to the Commission; and 

14 ‘‘(H) provide the position described in sub15 paragraph (F) within the applicable timelines 

16 established by the Commission or, as needed, 

17 request additional time from the Commission. 

18 ‘‘(2) PROCESS FOR ADDRESSING NON-CON19 SENSUS VIEWS.—If a Federal entity and the Under 

20 Secretary are unable to reach consensus on the 

21 views concerning Federal spectrum matters to be 

22 presented to the Commission, the Under Secretary 

23 shall— 


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1 ‘‘(A) notify the Commission of the lack of 

2 consensus and the anticipated next steps and 

3 timing to resolve the dispute; 

4 ‘‘(B) request the joint assistance of the 

5 Secretary and the head of the Federal entity 

6 objecting to the proposed submission to the 

7 Commission to find a mutually agreeable reso8 lution; and 

9 ‘‘(C) keep the Commission informed, as 

10 appropriate, regarding anticipated next steps 

11 and the timing of resolution. 

12 ‘‘(3) SECONDARY PROCESS FOR ADDRESSING

13 NON-CONSENSUS.—If a Federal entity and the 

14 Under Secretary are unable to reach a mutually 

15 agreeable resolution under the process under para16 graph (2)— 

17 ‘‘(A) not later than 90 days after com18 pleting the process, the Under Secretary or the 

19 Federal entity may submit the dispute to the 

20 Assistant to the President for National Security 

21 Affairs and the Assistant to the President for 

22 Economic Policy; 

23 ‘‘(B) the Assistant to the President for 

24 National Security Affairs and the Assistant to 

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1 tion with the Director of the Office and Tech2 nology Policy and, if appropriate, the National 

3 Space Council, shall resolve the dispute through 

4 the interagency process described in the na5 tional security memorandum of the President 

6 entitled ‘Memorandum on Renewing the Na7 tional Security Council System’, issued on Feb8 ruary 4, 2021; and 

9 ‘‘(C) the Under Secretary shall advise the 

10 Commission on the executive branch position 

11 following the adjudication and decision under 

12 the process described in this paragraph. 

13 ‘‘(4) POST-COMMISSION ACTION PROCE14 DURES.—If the Commission takes a spectrum action 

15 to make spectrum available for non-Federal use and 

16 an affected Federal entity has knowledge, unforeseen 

17 before the Commission took the spectrum action, 

18 that the non-Federal use is causing or potentially 

19 will cause harmful interference to existing Federal 

20 operations or non-Federal operations that are regu21 lated by the Federal entity— 

22 ‘‘(A) not later than 45 days after the date 

23 on which the affected Federal entity learns of 

24 the unforeseen risk of harmful interference, the 

25 Federal entity may formally request that the 


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1 Under Secretary address the issue with the 

2 Commission for an appropriate remedy, which 

3 request shall— 

4 ‘‘(i) clearly indicate the manner in 

5 which the public interest will be implicated 

6 or harmed or in which the mission of the 

7 Federal entity will be adversely affected; 

8 ‘‘(ii) present evidence to the Under 

9 Secretary that the non-Federal use is caus10 ing or potentially will cause harmful inter11 ference or potential harm to the public in12 terest, including any technical or scientific 

13 data that supports that position; and 

14 ‘‘(iii) explain why the Federal entity 

15 cannot take steps to ensure mission con16 tinuity that are consistent with the spec17 trum action of the Commission; 

18 ‘‘(B) if the Under Secretary believes that 

19 the affected Federal entity has produced suffi20 cient evidence under subparagraph (A) that the 

21 non-Federal use will risk harmful interference 

22 that cannot be reasonably mitigated without 

23 Commission action, the Under Secretary, not 

24 later than 60 days after receiving the request 

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1 mission under established processes under the 

2 Memorandum and, as applicable, the Practice 

3 and Procedure of the Commission under part 1 

4 of title 47, Code of Federal Regulations, or any 

5 successor regulations, for seeking appropriate 

6 relief; and 

7 ‘‘(C) if the Under Secretary concludes that 

8 there is not sufficient evidence to seek relief 

9 from the Commission, the affected Federal enti10 ty may follow the processes established under 

11 paragraphs (2) and (3) of this subsection. 

12 ‘‘(5) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection may be construed to require the dis14 closure of classified information, or other informa15 tion reflecting technical, procedural, or policy con16 cerns that are exempt from disclosure under section 

17 552 of title 5, United States Code (commonly known 

18 as the ‘Freedom of Information Act’). 

19 ‘‘(c) FEDERAL SPECTRUM COORDINATION RESPON20 SIBILITIES.— 

21 ‘‘(1) IN GENERAL.—Not later than 90 days 

22 after the date of enactment of this section, the 

23 Under Secretary shall establish a charter for the 

24 Spectrum Advisory Council. 


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1 ‘‘(2) SPECTRUM ADVISORY COUNCIL REP2 RESENTATIVE.— 

3 ‘‘(A) IN GENERAL.—The head of each 

4 Federal entity that is reflected in the member5 ship of the Spectrum Advisory Council, as iden6 tified in the charter established under para7 graph (1), shall appoint a senior-level employee 

8 (or an individual occupying a Senior Executive 

9 Service position, as defined in section 3132(a) 

10 of title 5, United States Code) who is eligible 

11 to receive a security clearance that allows for 

12 access to sensitive compartmented information 

13 to serve as the representative of the Federal en14 tity to the Spectrum Advisory Council. 

15 ‘‘(B) SECURITY CLEARANCE REQUIRE16 MENT.—If an individual appointed under sub17 paragraph (A) is not eligible to receive a secu18 rity clearance described in that subparagraph— 

19 ‘‘(i) the appointment shall be invalid; 

20 and 

21 ‘‘(ii) the head of the Federal entity 

22 making the appointment shall appoint an23 other individual who satisfies the require24 ments of that subparagraph, including the 


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1 requirement that the individual is eligible 

2 to receive such a security clearance. 

3 ‘‘(3) DUTIES.—An individual appointed under 

4 paragraph (2) shall— 

5 ‘‘(A) oversee the spectrum coordination 

6 policies and procedures of the applicable Fed7 eral entity; 

8 ‘‘(B) be responsible for timely notification 

9 of technical or procedural concerns of the appli10 cable Federal entity to the Spectrum Advisory 

11 Council; 

12 ‘‘(C) work closely with the representative 

13 of the applicable Federal entity to the Inter14 department Radio Advisory Committee; 

15 ‘‘(D) respond to a request from the NTIA 

16 for, and to the extent feasible, share with the 

17 NTIA, any technical and operational informa18 tion needed to facilitate spectrum coordination 

19 not later than— 

20 ‘‘(i) the applicable reasonable deadline 

21 established by the NTIA, at the discretion 

22 of the NTIA, pursuant to section IV(3) of 

23 the Memorandum, or any successor provi24 sion; or 


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1 ‘‘(ii) 45 days after the date of the re2 quest, in the case of a request to which 

3 clause (i) does not apply; 

4 ‘‘(E) furnish the NTIA with all relevant 

5 information to be considered for filing with the 

6 Commission; 

7 ‘‘(F) coordinate with the NTIA on a sig8 nificant regulatory action to be taken by the ap9 plicable Federal entity pursuant to its regu10 latory authority directly relating to spectrum 

11 before the Federal entity submits the regulatory 

12 action to the Office of Information and Regu13 latory Affairs in accordance with Executive 

14 Order 12866 (5 U.S.C. 601 note; relating to 

15 regulatory planning and review); and 

16 ‘‘(G) collaborate with the NTIA on spec17 trum planning. 

18 ‘‘(d) COORDINATION BETWEEN FEDERAL AGENCIES

19 AND THE NTIA.— 

20 ‘‘(1) UPDATES.—Not later than 3 years after 

21 the date of enactment of this section, and every 4 

22 years thereafter (or more frequently, as appro23 priate), the Commission and the NTIA shall reassess 

24 the Memorandum and, based on such a reassess25 ment, update the Memorandum, as necessary. 


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1 ‘‘(2) NATURE OF UPDATE.—Any update to the 

2 Memorandum under paragraph (1) shall reflect 

3 changing technological, procedural, and policy cir4 cumstances, as determined necessary and appro5 priate by the Commission and the NTIA. 

6 ‘‘(e) ANNUAL REPORT TO CONGRESS.—Not later 

7 than 1 year after the date of enactment of this section, 

8 and annually thereafter, the Chair and the Under Sec9 retary shall submit to Congress a report on joint spectrum 

10 planning activities conducted by the Chair and the Under 

11 Secretary under this section. 

12 ‘‘(f) TESTING.—A Federal entity shall coordinate and 

13 reach agreement with the NTIA before carrying out any 

14 electromagnetic compatibility study or testing plan that 

15 the Federal entity seeks to be considered in formulating 

16 the views of the executive branch regarding spectrum reg17 ulatory matters. 

18 ‘‘(g) REPORT ON SPECTRUM MANAGEMENT PRIN19 CIPLES AND METHODS.—Not later than May 14, 2025, 

20 the Under Secretary, in coordination with the Spectrum 

21 Advisory Council, shall publish a report that identifies— 

22 ‘‘(1) spectrum management principles and 

23 methods to guide the Federal Government in spec24 trum studies and science; 


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1 ‘‘(2) coordination guidelines for spectrum stud2 ies; and 

3 ‘‘(3) processes for determining types of studies, 

4 criteria, assumptions, and timelines that shall be ac5 ceptable in decision-making involving the use of Fed6 eral spectrum and the use of non-Federal spectrum 

7 by Federal entities.’’. 

8 SEC. 202. UNDER SECRETARY OF COMMERCE FOR COMMU9 NICATIONS AND INFORMATION. 

10 (a) IN GENERAL.—Section 103(a)(2) of the National 

11 Telecommunications and Information Administration Or12 ganization Act (47 U.S.C. 902(a)(2)) is amended by strik13 ing ‘‘Assistant Secretary of Commerce for Communica14 tions and Information’’ and inserting ‘‘Under Secretary 

15 of Commerce for Communications and Information’’. 

16 (b) PAY.—Subchapter II of chapter 53 of title 5, 

17 United States Code, is amended— 

18 (1) in section 5314, by striking ‘‘and Under 

19 Secretary of Commerce for Minority Business Devel20 opment’’ and inserting ‘‘Under Secretary of Com21 merce for Minority Business Development, and 

22 Under Secretary of Commerce for Communications 

23 and Information’’; and 


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1 (2) in section 5315, by striking ‘‘(11)’’ after 

2 ‘‘Assistant Secretaries of Commerce’’ and inserting 

3 ‘‘(10)’’. 

4 (c) DEPUTY UNDER SECRETARY.— 

5 (1) IN GENERAL.—Section 103(a) of the Na6 tional Telecommunications and Information Admin7 istration Organization Act (47 U.S.C. 902(a)), as 

8 amended by subsection (a) of this section, is amend9 ed by adding at the end the following: 

10 ‘‘(3) DEPUTY UNDER SECRETARY.—The Dep11 uty Under Secretary of Commerce for Communica12 tions and Information shall— 

13 ‘‘(A) be the principal policy advisor of the 

14 Under Secretary; 

15 ‘‘(B) perform such other functions as the 

16 Under Secretary shall from time to time assign 

17 or delegate; and 

18 ‘‘(C) act as Under Secretary during the 

19 absence or disability of the Under Secretary or 

20 in the event of a vacancy in the office of the 

21 Under Secretary.’’. 

22 (2) TECHNICAL AND CONFORMING AMEND23 MENT.—Section 106(c) of the Public Telecommuni24 cations Financing Act of 1978 (5 U.S.C. 5316 note; 

25 Public Law 95–567) is amended by striking ‘‘The 


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1 position of Deputy Assistant Secretary of Commerce 

2 for Communications and Information, established in 

3 Department of Commerce Organization Order Num4 bered 10–10 (effective March 26, 1978),’’ and in5 serting ‘‘The position of Deputy Under Secretary of 

6 Commerce for Communications and Information, es7 tablished under section 103(a) of the National Tele8 communications and Information Administration Or9 ganization Act (47 U.S.C. 902(a)),’’. 

10 (d) TECHNICAL AND CONFORMING AMENDMENTS.— 

11 (1) COMMUNICATIONS ACT OF 1934.—Section 

12 344(d)(2) of the Communications Act of 1934 (as 

13 added by section 60602(a) of the Infrastructure In14 vestment and Jobs Act (Public Law 117–58)) is 

15 amended by striking ‘‘Assistant Secretary’’ and in16 serting ‘‘Under Secretary’’. 

17 (2) NATIONAL TELECOMMUNICATIONS AND IN18 FORMATION ADMINISTRATION ORGANIZATION ACT.— 

19 The National Telecommunications and Information 

20 Administration Organization Act (47 U.S.C. 901 et 

21 seq.) is amended by striking ‘‘Assistant Secretary’’ 

22 each place the term appears and inserting ‘‘Under 

23 Secretary’’. 

24 (3) HOMELAND SECURITY ACT OF 2002.—Sec25 tion 1805(d)(2) of the Homeland Security Act of 


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1 2002 (6 U.S.C. 575(d)(2)) is amended by striking 

2 ‘‘Assistant Secretary for Communications and Infor3 mation of the Department of Commerce’’ and insert4 ing ‘‘Under Secretary of Commerce for Communica5 tions and Information’’. 

6 (4) AGRICULTURE IMPROVEMENT ACT OF

7 2018.—Section 6212 of the Agriculture Improvement 

8 Act of 2018 (7 U.S.C. 950bb–6) is amended— 

9 (A) in subsection (d)(1), in the heading, by 

10 striking ‘‘ASSISTANT SECRETARY’’ and inserting 

11 ‘‘UNDER SECRETARY’’; and 

12 (B) by striking ‘‘Assistant Secretary’’ each 

13 place the term appears and inserting ‘‘Under 

14 Secretary’’. 

15 (5) REAL ID ACT OF 2005.—Section 303 of the 

16 REAL ID Act of 2005 (8 U.S.C. 1721 note; Public 

17 Law 109–13) is repealed. 

18 (6) BROADBAND DATA IMPROVEMENT ACT.— 

19 Section 214 of the Broadband Data Improvement 

20 Act (15 U.S.C. 6554) is amended— 

21 (A) in subsection (a), in the matter pre22 ceding paragraph (1), by striking ‘‘Assistant 

23 Secretary’’ and inserting ‘‘Under Secretary’’; 

24 (B) by striking subsection (b); and 


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1 (C) by redesignating subsection (c) as sub2 section (b). 

3 (7) ELECTRONIC SIGNATURES IN GLOBAL AND

4 NATIONAL COMMERCE ACT.—Section 103(c) of the 

5 Electronic Signatures in Global and National Com6 merce Act (15 U.S.C. 7003(c)) is amended— 

7 (A) by striking ‘‘Exceptions’’ and all that 

8 follows through ‘‘DETERMINATIONS.—If’’ and 

9 inserting ‘‘EXCEPTIONS.—If’’; and 

10 (B) by striking ‘‘such exceptions’’ and in11 serting ‘‘of the exceptions in subsections (a) 

12 and (b)’’. 

13 (8) TITLE 17, UNITED STATES CODE.—Section 

14 1201 of title 17, United States Code, is amended— 

15 (A) in subsection (a)(1)(C), in the matter 

16 preceding clause (i), by striking ‘‘Assistant Sec17 retary for Communications and Information of 

18 the Department of Commerce’’ and inserting 

19 ‘‘Under Secretary of Commerce for Commu20 nications and Information’’; and 

21 (B) in subsection (g), by striking para22 graph (5). 

23 (9) UNLOCKING CONSUMER CHOICE AND WIRE24 LESS COMPETITION ACT.—Section 2(b) of the 

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1 tion Act (17 U.S.C. 1201 note; Public Law 113– 

2 144) is amended by striking ‘‘Assistant Secretary 

3 for Communications and Information of the Depart4 ment of Commerce’’ and inserting ‘‘Under Secretary 

5 of Commerce for Communications and Information’’. 

6 (10) IMPLEMENTING RECOMMENDATIONS OF

7 THE 9/11 COMMISSION ACT OF 2007.—Section 

8 2201(d) of the Implementing Recommendations of 

9 the 9/11 Commission Act of 2007 (42 U.S.C. 247d– 

10 3a note; Public Law 110–53) is repealed. 

11 (11) COMMUNICATIONS SATELLITE ACT OF

12 1962.—Section 625(a)(1) of the Communications 

13 Satellite Act of 1962 (47 U.S.C. 763d(a)(1)) is 

14 amended, in the matter preceding subparagraph (A), 

15 by striking ‘‘Assistant Secretary’’ and inserting 

16 ‘‘Under Secretary of Commerce’’. 

17 (12) SPECTRUM PIPELINE ACT OF 2015.—The 

18 Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; 

19 title X of Public Law 114–74) is amended— 

20 (A) in section 1002(1), in the heading, by 

21 striking ‘‘ASSISTANT SECRETARY’’ and inserting 

22 ‘‘UNDER SECRETARY’’; and 

23 (B) by striking ‘‘Assistant Secretary’’ each 

24 place the term appears and inserting ‘‘Under 

25 Secretary’’. 


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1 (13) WARNING, ALERT, AND RESPONSE NET2 WORK ACT.—Section 606 of the Warning, Alert, and 

3 Response Network Act (47 U.S.C. 1205) is amend4 ed— 

5 (A) in subsection (b), in the first sentence, 

6 by striking ‘‘Assistant Secretary of Commerce 

7 for Communications and Information’’ and in8 serting ‘‘Under Secretary of Commerce for 

9 Communications and Information’’; and 

10 (B) by striking ‘‘Assistant Secretary’’ each 

11 place the term appears and inserting ‘‘Under 

12 Secretary’’. 

13 (14) AMERICAN RECOVERY AND REINVESTMENT

14 ACT OF 2009.—Section 6001 of the American Recov15 ery and Reinvestment Act of 2009 (47 U.S.C. 1305) 

16 is amended by striking ‘‘Assistant Secretary’’ each 

17 place the term appears and inserting ‘‘Under Sec18 retary’’. 

19 (15) MIDDLE CLASS TAX RELIEF AND JOB CRE20 ATION ACT OF 2012.—Title VI of the Middle Class 

21 Tax Relief and Job Creation Act of 2012 (47 U.S.C. 

22 1401 et seq.) is amended— 

23 (A) in section 6001 (47 U.S.C. 1401)— 

24 (i) by striking paragraph (4); 


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1 (ii) by redesignating paragraphs (5) 

2 through (31) as paragraphs (4) through 

3 (30), respectively; and 

4 (iii) by inserting after paragraph (30), 

5 as so redesignated, the following: 

6 ‘‘(31) UNDER SECRETARY.—The term ‘Under 

7 Secretary’ means the Under Secretary of Commerce 

8 for Communications and Information.’’; 

9 (B) in subtitle D (47 U.S.C. 1451 et 

10 seq.)— 

11 (i) in section 6406 (47 U.S.C. 

12 1453)— 

13 (I) by striking subsections (b) 

14 and (c); and 

15 (II) by inserting after subsection 

16 (a) the following: 

17 ‘‘(b) DEFINITION.—In this section, the term ‘5350 

18 –5470 MHz band’ means the portion of the electro19 magnetic spectrum between the frequencies from 5350 

20 megahertz to 5470 megahertz.’’; and 

21 (ii) by striking section 6408; and 

22 (C) by striking ‘‘Assistant Secretary’’ each 

23 place the term appears and inserting ‘‘Under 

24 Secretary’’. 


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1 (16) RAY BAUM’S ACT OF 2018.—The RAY 

2 BAUM’S Act of 2018 (division P of Public Law 

3 115–141; 132 Stat. 348) is amended by striking 

4 ‘‘Assistant Secretary’’ each place the term appears 

5 and inserting ‘‘Under Secretary’’. 

6 (17) SECURE AND TRUSTED COMMUNICATIONS

7 NETWORKS ACT OF 2019.—Section 8 of the Secure 

8 and Trusted Communications Networks Act of 2019 

9 (47 U.S.C. 1607) is amended— 

10 (A) in subsection (c)(1), in the heading, by 

11 striking ‘‘ASSISTANT SECRETARY’’ and inserting 

12 ‘‘UNDER SECRETARY’’; and 

13 (B) by striking ‘‘Assistant Secretary’’ each 

14 place the term appears and inserting ‘‘Under 

15 Secretary’’. 

16 (18) TITLE 51, UNITED STATES CODE.—Section 

17 50112(3) of title 51, United States Code, is amend18 ed, in the matter preceding subparagraph (A), by 

19 striking ‘‘Assistant Secretary’’ each place the term 

20 appears and inserting ‘‘Under Secretary’’. 

21 (19) CONSOLIDATED APPROPRIATIONS ACT, 

22 2021.—The Consolidated Appropriations Act, 2021 

23 (Public Law 116–260; 134 Stat. 1182) is amend24 ed— 

25 (A) in title IX of division N— 


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1 (i) in section 902(a)(2) (47 U.S.C. 

2 1306(a)(2)), in the heading, by striking 

3 ‘‘ASSISTANT SECRETARY’’ and inserting 

4 ‘‘UNDER SECRETARY’’; 

5 (ii) in section 905 (47 U.S.C. 1705)— 

6 (I) in subsection (a)(1), in the 

7 heading, by striking ‘‘ASSISTANT SEC8 RETARY’’ and inserting ‘‘UNDER SEC9 RETARY’’; 

10 (II) in subsection (c)(3)(B), in 

11 the heading, by striking ‘‘ASSISTANT

12 SECRETARY’’ and inserting ‘‘UNDER

13 SECRETARY’’; and 

14 (III) in subsection (d)(2)(B), in 

15 the heading, by striking ‘‘ASSISTANT

16 SECRETARY’’ and inserting ‘‘UNDER

17 SECRETARY’’; and 

18 (iii) by striking ‘‘Assistant Secretary’’ 

19 each place the term appears and inserting 

20 ‘‘Under Secretary’’; and 

21 (B) in title IX of division FF— 

22 (i) in section 903(g)(2), in the head23 ing, by striking ‘‘ASSISTANT SECRETARY’’ 

24 and inserting ‘‘UNDER SECRETARY’’; and 


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1 (ii) by striking ‘‘Assistant Secretary’’ 

2 each place the term appears and inserting 

3 ‘‘Under Secretary’’. 

4 (20) INFRASTRUCTURE INVESTMENT AND JOBS

5 ACT.—The Infrastructure Investment and Jobs Act 

6 (Public Law 117–58; 135 Stat. 429) is amended— 

7 (A) in section 27003, by striking ‘‘Assist8 ant Secretary’’ each place the term appears and 

9 inserting ‘‘Under Secretary’’; 

10 (B) in division F— 

11 (i) in section 60102 (47 U.S.C. 

12 1702)— 

13 (I) in subsection (a)(2)(A), by 

14 striking ‘‘ASSISTANT SECRETARY’’ and 

15 inserting ‘‘UNDER SECRETARY’’; 

16 (II) in subsection (d)(1), by 

17 striking ‘‘ASSISTANT SECRETARY’’ and 

18 inserting ‘‘UNDER SECRETARY’’; and 

19 (III) in subsection (h)— 

20 (aa) in paragraph (1)(B), by 

21 striking ‘‘ASSISTANT SEC22 RETARY’’ and inserting ‘‘UNDER

23 SECRETARY’’; and 

24 (bb) in paragraph 

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1 ANT SECRETARY’’ and inserting 

2 ‘‘UNDER SECRETARY’’; 

3 (ii) in title III— 

4 (I) in section 60302(5) (47 

5 U.S.C. 1721(5)), by striking ‘‘ASSIST6 ANT SECRETARY’’ and inserting 

7 ‘‘UNDER SECRETARY’’; and 

8 (II) in section 60305(d)(2)(B)(ii) 

9 (47 U.S.C. 1724(d)(2)(B)(ii)), by 

10 striking ‘‘ASSISTANT SECRETARY’’ and 

11 inserting ‘‘UNDER SECRETARY’’; 

12 (iii) in section 60401(a)(2) (47 U.S.C. 

13 1741(a)(2)), by striking ‘‘ASSISTANT SEC14 RETARY’’ and inserting ‘‘UNDER SEC15 RETARY’’; and 

16 (iv) by striking ‘‘Assistant Secretary’’ 

17 each place the term appears and inserting 

18 ‘‘Under Secretary’’; 

19 (C) in section 90008(b)(3) (47 U.S.C. 921 

20 note), by striking ‘‘Assistant Secretary’’ and in21 serting ‘‘Under Secretary’’; and 

22 (D) in division J, in title I, in the matter 

23 under the heading ‘‘DISTANCE LEARNING, 

24 TELEMEDICINE, AND BROADBAND PROGRAM’’ 

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1 ICE’’ under the heading ‘‘RURAL DEVELOP2 MENT PROGRAMS’’, by striking ‘‘Assistant 

3 Secretary’’ and inserting ‘‘Under Secretary’’. 

4 (e) CONTINUATION IN OFFICE.—The individual serv5 ing as the Assistant Secretary of Commerce for Commu6 nications and Information and the individual serving as 

7 the Deputy Assistant Secretary of Commerce for Commu8 nications and Information on the day before the date of 

9 enactment of this Act may serve as the Under Secretary 

10 of Commerce for Communications and Information and 

11 the Deputy Under Secretary of Commerce for Commu12 nications and Information, respectively, on and after that 

13 date without the need for renomination or reappointment. 

14 (f) REFERENCES.—Any reference in any other Fed15 eral law, Executive order, rule, regulation, or delegation 

16 of authority, or any document of or pertaining to the As17 sistant Secretary of Commerce for Communications and 

18 Information is deemed to refer to the Under Secretary of 

19 Commerce for Communications and Information. 

20 (g) SAVINGS PROVISIONS.— 

21 (1) LEGAL DOCUMENTS.—All orders, deter22 minations, rules, regulations, permits, grants, loans, 

23 contracts, agreements, certificates, licenses, and 

24 privileges— 


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1 (A) that have been issued, made, granted, 

2 or allowed to become effective by the Assistant 

3 Secretary of Commerce for Communications 

4 and Information, any officer or employee of the 

5 National Telecommunications and Information 

6 Administration, or any other Government offi7 cial, or by a court of competent jurisdiction; 

8 and 

9 (B) that are in effect on the date of enact10 ment of this Act (or become effective after that 

11 date pursuant to their terms as in effect on 

12 that date), 

13 shall continue in effect according to their terms until 

14 modified, terminated, superseded, set aside, or re15 voked in accordance with law by the President, any 

16 other authorized official, a court of competent juris17 diction, or operation of law. 

18 (2) NONABATEMENT OF ACTIONS.—No suit, ac19 tion, or other proceeding commenced by or against 

20 the Assistant Secretary of Commerce for Commu21 nications and Information shall abate by reason of 

22 the enactment of this title and the amendments 

23 made by this title. 

24 (3) PROCEEDINGS.—This title, and the amend25 ments made by this title, shall not affect any proVerDate Sep 11 2014 02:33 May 29, 2024 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4207.IS S4207

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1 ceedings or any application for any benefits, service, 

2 license, permit, certificate, or financial assistance 

3 pending on the date of enactment of this Act before 

4 the National Telecommunications and Information 

5 Administration, but those proceedings and applica6 tions shall be continued. Orders shall be issued in 

7 such proceedings, appeals shall be taken therefrom, 

8 and payments shall be made pursuant to such or9 ders, as if this title had not been enacted, and orders 

10 issued in any such proceeding shall continue in ef11 fect until modified, terminated, superseded, or re12 voked by a duly authorized official, by a court of 

13 competent jurisdiction, or by operation of law. Noth14 ing in this paragraph shall be considered to prohibit 

15 the discontinuance or modification of any such pro16 ceeding under the same terms and conditions and to 

17 the same extent that the proceeding could have been 

18 discontinued or modified if this title had not been 

19 enacted. 

20 (4) SUITS.—This title, and the amendments 

21 made by this title, shall not affect suits commenced 

22 before the date of enactment of this Act, and in all 

23 such suits, proceeding shall be had, appeals taken, 

24 and judgments rendered in the same manner and 


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1 with the same effect as if this title, and the amend2 ments made by this title, had not been enacted. 

3 TITLE III—CREATION OF A 

4 SPECTRUM PIPELINE 

5 SEC. 301. CREATION OF A SPECTRUM PIPELINE. 

6 (a) DEFINITIONS.—In this section: 

7 (1) AFFECTED FEDERAL ENTITY.—The term 

8 ‘‘affected Federal entity’’ means a Federal entity— 

9 (A) with operations in any band of fre10 quencies described in subsection (b)(1); and 

11 (B) that the Under Secretary determines 

12 might be affected by a reallocation in a band 

13 described in subparagraph (A). 

14 (2) CO-LEAD.—The term ‘‘co-lead’’ means an 

15 official who— 

16 (A) is the head of a Federal entity— 

17 (i) with operations in a band of fre18 quencies described in subsection (b)(1)(A); 

19 and 

20 (ii) that the Under Secretary deter21 mines might be affected by a reallocation 

22 in a band of frequencies described in sub23 section (b)(1)(A); and 

24 (B) elects to serve as a co-lead of the feasi25 bility assessment required under subsection (b). 


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1 (3) FEDERAL ENTITY.—The term ‘‘Federal en2 tity’’ has the meaning given the term in section 

3 113(l) of the National Telecommunications and In4 formation Administration Organization Act (47 

5 U.S.C. 923(l)). 

6 (b) FEASIBILITY ASSESSMENT.— 

7 (1) COMPLETION OF ASSESSMENT.—The Sec8 retary of Commerce, acting through the Under Sec9 retary, with the assistance of the co-leads, shall com10 plete a feasibility assessment of making spectrum 

11 available for— 

12 (A) non-Federal use, shared Federal and 

13 non-Federal use, or a combination thereof, in 

14 the bands of frequencies between 7125 and 

15 8500 megahertz, inclusive; and 

16 (B) shared Federal and non-Federal use in 

17 the bands of frequencies between 37000 and 

18 37600 megahertz, inclusive. 

19 (2) OTHER REQUIREMENTS.—In conducting the 

20 feasibility assessment required under paragraph (1), 

21 the Under Secretary, with the assistance of the co22 leads, shall— 

23 (A) coordinate directly with each affected 

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1 tity in the bands described in that paragraph 

2 and in affected adjacent or near adjacent 

3 bands; 

4 (B) ensure that each affected Federal enti5 ty leads that portion of the feasibility assess6 ment that is relevant to individual mission re7 quirements of the affected Federal entity for 

8 the systems supported by the incumbent spec9 trum assignments in an applicable band of fre10 quencies; 

11 (C) consider dynamic spectrum sharing, 

12 such as an incumbent informing capability, as 

13 required under section 120 of the National 

14 Telecommunications and Information Adminis15 tration Organization Act, as added by section 

16 102 of this Act, and, for the bands of fre17 quencies described in paragraph (1)(A), reloca18 tion of systems, compression or re-packing of 

19 systems, consolidation of systems, and any 

20 other re-purposing options the Under Secretary, 

21 with the assistance of the co-leads, determines 

22 will enable the most efficient and effective use 

23 of frequencies considered under that paragraph; 

24 and 


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1 (D) comply with the requirements of sec2 tion 113(j) of the National Telecommunications 

3 and Information Administration Organization 

4 Act (47 U.S.C. 923(j)). 

5 (3) ASSISTANCE FROM AFFECTED FEDERAL EN6 TITIES.—Each affected Federal entity shall provide 

7 any assistance that the Under Secretary and the co8 leads determine necessary in order to carry out the 

9 assessment required under this subsection. 

10 (4) DEADLINE FOR COMPLETION OF ASSESS11 MENT.—The Under Secretary and the co-leads shall 

12 complete the assessment required under this sub13 section— 

14 (A) if affected Federal entities submit re15 quests for funding under subsection (c)(1), not 

16 later than 2 years after the date on which all 

17 such requests for funding have been approved 

18 or denied; and 

19 (B) if no affected Federal entity submits a 

20 request for funding under subsection (c)(1), not 

21 later than 850 days after the date of enactment 

22 of this Act. 

23 (c) FUNDING OF ACTIVITIES TO ASSIST IN CON24 DUCTING FEASIBILITY ASSESSMENT.— 


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1 (1) IN GENERAL.—If an affected Federal entity 

2 determines that the affected Federal entity requires 

3 funding to conduct activities described in section 

4 118(g) of the National Telecommunications and In5 formation Administration Organization Act (47 

6 U.S.C. 928(g)) that are necessary to assist the 

7 Under Secretary and the co-leads in carrying out the 

8 assessment required under subsection (b), the af9 fected Federal entity shall, not later than 120 days 

10 after the date of enactment of this Act, submit a re11 quest for payment pursuant to such section 118(g). 

12 (2) EXEMPTION.—Section 118(g)(2)(D)(ii) of 

13 the National Telecommunications and Information 

14 Administration Organization Act (47 U.S.C. 

15 928(g)(2)(D)(ii)) shall not apply with respect to a 

16 payment requested under paragraph (1). 

17 (d) REPORT TO THE COMMISSION AND CONGRESS.— 

18 (1) IN GENERAL.—Not later than 30 days after 

19 the date on which the Under Secretary and the co20 leads complete the feasibility assessment required 

21 under subsection (b), and subject to the other re22 quirements of this subsection, the Under Secretary 

23 shall submit to the Commission and Congress a re24 port regarding that assessment. 


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1 (2) CONTENTS.—The report submitted under 

2 paragraph (1) shall include— 

3 (A) which Federal entities are affected 

4 Federal entities and the contributions of those 

5 affected Federal entities to the feasibility as6 sessment required under subsection (b); 

7 (B) the necessary steps to make the bands 

8 of frequencies considered under subsection 

9 (b)(1)(A) available for non-Federal use, shared 

10 Federal and non-Federal use, or a combination 

11 thereof, including— 

12 (i) the technical requirements nec13 essary to make those bands of frequencies 

14 available for— 

15 (I) exclusive non-Federal use; 

16 and 

17 (II) shared Federal and non-Fed18 eral use; and 

19 (ii) an estimate of the cost to affected 

20 Federal entities to make the bands of fre21 quencies considered under subsection 

22 (b)(1)(A) available for— 

23 (I) exclusive non-Federal use; 

24 and 


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1 (II) shared Federal and non-Fed2 eral use; 

3 (C) the necessary steps to make the bands 

4 of frequencies considered under subsection 

5 (b)(1)(B) available for shared Federal and non6 Federal use, including the technical require7 ments necessary to make those bands so avail8 able and an estimate of the cost to affected 

9 Federal entities to make those bands so avail10 able; 

11 (D) an assessment of the likelihood that 

12 authorizing mobile or fixed terrestrial oper13 ations in any of the frequencies considered 

14 under subsection (b)(1)(B) would result in 

15 harmful interference to an affected Federal en16 tity; and 

17 (E) an assessment of the potential impact 

18 that authorizing mobile or fixed terrestrial wire19 less operations, including advanced mobile serv20 ices operations, in any of the frequencies con21 sidered under subsection (b) could have on the 

22 mission of an affected Federal entity. 

23 (3) PUBLIC AVAILABILITY.—The Under Sec24 retary shall ensure that all information in the report 

25 submitted under this subsection that is permitted to 


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1 be released to the public is made available on the 

2 public website of the National Telecommunications 

3 and Information Administration. 

4 (4) CLASSIFIED INFORMATION.—If there is 

5 classified material in the report submitted under this 

6 subsection, the Under Secretary shall— 

7 (A) provide the Committee on Commerce, 

8 Science, and Transportation of the Senate, the 

9 Committee on Energy and Commerce of the 

10 House of Representatives, and each other com11 mittee of Congress with jurisdiction over af12 fected Federal entities with operations in the 

13 applicable bands of frequencies with a briefing 

14 on the classified components of that report; and 

15 (B) transmit at least 1 copy of both the 

16 classified report and the classified annexes to 

17 the sensitive compartmented information facili18 ties of the Senate and House of Representa19 tives. 

20 (5) PREPARATION OF REPORT.—Before final21 izing the report required under this subsection with 

22 respect to the feasibility assessment required under 

23 subsection (b), the Under Secretary shall— 

24 (A) submit the report for review by the 

25 Spectrum Advisory Council; and 


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1 (B) resolve any disputes regarding the fea2 sibility assessment through the interagency 

3 process described in the national security 

4 memorandum of the President entitled ‘‘Memo5 randum on Renewing the National Security 

6 Council System’’, issued on February 4, 2021. 

7 (6) RULE OF CONSTRUCTION.—Nothing in this 

8 subsection may be construed to require the disclo9 sure of classified information, law enforcement sen10 sitive information, or other information reflecting 

11 technical, procedural, or policy concerns subject to 

12 protection under section 552 of title 5, United 

13 States Code. 

14 (e) REPORTS ON FUTURE FEASIBILITY ASSESS15 MENTS.— 

16 (1) IN GENERAL.—Not later than 30 days after 

17 the date on which the Under Secretary completes 

18 any feasibility assessment with respect to bands of 

19 electromagnetic spectrum (other than the assessment 

20 required under subsection (b)), the Under Secretary 

21 shall submit to the Commission and Congress a re22 port regarding that assessment. 

23 (2) CONTENTS.—Each report required under 

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1 plicable feasibility assessment described in that para2 graph— 

3 (A) the Federal entities identified by the 

4 Assistant Secretary with equities in the bands 

5 with respect to frequencies allocated to, and 

6 used by, those Federal entities and the con7 tributions of those Federal entities to that fea8 sibility assessment; 

9 (B) the necessary steps to make the bands 

10 of frequencies considered under that feasibility 

11 assessment available for non-Federal use, 

12 shared Federal and non-Federal use, or a com13 bination thereof, including— 

14 (i) the technical requirements nec15 essary to make bands in the frequencies 

16 considered under that feasibility assess17 ment available for— 

18 (I) exclusive non-Federal use; 

19 and 

20 (II) shared Federal and non-Fed21 eral use; and 

22 (ii) an estimate of the cost to Federal 

23 entities affected by making bands in the 

24 frequencies considered under that feasi25 bility assessment available for— 


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1 (I) exclusive non-Federal use; 

2 and 

3 (II) shared Federal and non-Fed4 eral use; 

5 (C) an assessment of the likelihood that 

6 authorizing mobile or fixed terrestrial oper7 ations in any of the frequencies considered 

8 under that feasibility assessment would result 

9 in harmful interference to a Federal entity; and 

10 (D) an assessment of the potential impact 

11 that authorizing mobile or fixed terrestrial wire12 less operations, including advanced mobile serv13 ices operations, in any of the frequencies con14 sidered under that feasibility assessment could 

15 have on the mission of a Federal entity. 

16 (3) PUBLIC AVAILABILITY.—The Under Sec17 retary shall ensure that all information in a report 

18 submitted under this subsection that may be re19 leased to the public is made available on the public 

20 website of the National Telecommunications and In21 formation Administration. 

22 (4) CLASSIFIED INFORMATION.—If there is 

23 classified material in a report submitted under this 

24 subsection, the Under Secretary shall— 


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1 (A) provide the Committee on Commerce, 

2 Science, and Transportation of the Senate, the 

3 Committee on Energy and Commerce of the 

4 House of Representatives, and each other com5 mittee of Congress with jurisdiction over Fed6 eral entities with equities in the applicable 

7 bands of frequencies with a briefing on the clas8 sified components of that report; and 

9 (B) transmit at least 1 copy of both the 

10 classified report and the classified annexes to 

11 the sensitive compartmented information facili12 ties of the Senate and House of Representa13 tives. 

14 (5) RULE OF CONSTRUCTION.—Nothing in this 

15 subsection may be construed to require the disclo16 sure of classified information, law enforcement sen17 sitive information, or other information reflecting 

18 technical, procedural, or policy concerns subject to 

19 protection under section 552 of title 5, United 

20 States Code. 

21 SEC. 302. SPECTRUM AUCTIONS. 

22 Not later than December 30, 2027, the Commission 

23 shall complete a system of competitive bidding under sec24 tion 309(j) of the Communications Act of 1934 (47 U.S.C. 

25 309(j)) to grant new licenses for the band of frequencies 


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1 between 12700 megahertz and 13250 megahertz, inclu2 sive. 

3 TITLE IV—EXTENSION OF FCC 

4 AUCTION AUTHORITY 

5 SEC. 401. EXTENSION OF FCC AUCTION AUTHORITY. 

6 Section 309(j)(11) of the Communications Act of 

7 1934 (47 U.S.C. 309(j)(11)) is amended by striking 

8 ‘‘March 9, 2023’’ and inserting ‘‘September 30, 2029’’. 

9 TITLE V—WORKFORCE 

10 DEVELOPMENT 

11 Subtitle A—Improving Minority 

12 Participation 

13 SEC. 501. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Improving Minor15 ity Participation And Careers in Telecommunications Act’’ 

16 or the ‘‘IMPACT Act’’. 

17 SEC. 502. DEFINITIONS. 

18 (a) DEFINITIONS.—In this subtitle: 

19 (1) COVERED GRANT.—The term ‘‘covered 

20 grant’’ means a grant awarded under section 503. 

21 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti22 ty’’ means a historically Black college or university, 

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1 ties, that forms a partnership with 1 or more of the 

2 following entities to carry out a training program: 

3 (A) A member of the telecommunications 

4 industry, such as a company or industry asso5 ciation. 

6 (B) A labor or labor-management organi7 zation with experience working in the tele8 communications industry, the electromagnetic 

9 spectrum industry, or a similar industry. 

10 (C) The Telecommunications Industry 

11 Registered Apprenticeship Program. 

12 (D) A nonprofit organization dedicated to 

13 helping individuals gain employment in the tele14 communications or electromagnetic spectrum 

15 industry. 

16 (E) A community or technical college with 

17 experience in providing workforce development 

18 for individuals seeking employment in the tele19 communications industry, electromagnetic spec20 trum industry, or a similar industry. 

21 (F) A Federal agency laboratory special22 izing in telecommunications or electromagnetic 

23 spectrum technology that is located within the 

24 National Telecommunications and Information 

25 Administration. 


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1 (3) GRANT PROGRAM.—The term ‘‘Grant Pro2 gram’’ means the Telecommunications Workforce 

3 Training Grant Program established under section 

4 503. 

5 (4) HISPANIC-SERVING INSTITUTION.—The 

6 term ‘‘Hispanic-serving institution’’ has the meaning 

7 given the term in section 502(a) of the Higher Edu8 cation Act of 1965 (20 U.S.C. 1101a(a)). 

9 (5) HISTORICALLY BLACK COLLEGE OR UNI10 VERSITY.—The term ‘‘historically Black college or 

11 university’’ has the meaning given the term ‘‘part B 

12 institution’’ in section 322 of the Higher Education 

13 Act of 1965 (20 U.S.C. 1061). 

14 (6) IMPROPER PAYMENT.—The term ‘‘improper 

15 payment’’ has the meaning given the term in section 

16 2(d) of the Improper Payments Information Act of 

17 2002 (Public Law 107–300; 116 Stat. 2351). 

18 (7) INDUSTRY FIELD ACTIVITY.—The term ‘‘in19 dustry field activity’’ means an activity at an active 

20 telecommunications, cable, or broadband network 

21 worksite, such as a tower, construction site, or net22 work management hub. 

23 (8) INDUSTRY PARTNER.—The term ‘‘industry 

24 partner’’ means an entity described in any of sub25 paragraphs (A) through (F) of paragraph (2) with 


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1 which an eligible entity forms a partnership to carry 

2 out a training program. 

3 (9) MINORITY-SERVING INSTITUTION.—The 

4 term ‘‘minority-serving institution’’ means an eligi5 ble institution described in section 371(a) of the 

6 Higher Education Act of 1965 (20 U.S.C. 

7 1067q(a)). 

8 (10) REGISTERED APPRENTICESHIP PRO9 GRAM.—The term ‘‘registered apprenticeship pro10 gram’’ means an apprenticeship registered under the 

11 Act of August 16, 1937 (commonly known as the 

12 ‘‘National Apprenticeship Act’’; 50 Stat. 664, chap13 ter 663). 

14 (11) TRAINING PROGRAM.—The term ‘‘training 

15 program’’ means a credit or non-credit program de16 veloped by an eligible entity, in partnership with an 

17 industry partner, that— 

18 (A) is designed to educate and train stu19 dents to participate in the telecommunications 

20 or electromagnetic spectrum workforce; and 

21 (B) includes a curriculum and apprentice22 ship or internship opportunity that can also be 

23 paired with— 

24 (i) a degree program; or 


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1 (ii) stacked credentialing toward a de2 gree. 

3 (12) TRIBAL COLLEGE OR UNIVERSITY.—The 

4 term ‘‘Tribal College or University’’ has the meaning 

5 given the term in section 316(b) of the Higher Edu6 cation Act of 1965 (20 U.S.C. 1059c(b)). 

7 SEC. 503. PROGRAM. 

8 (a) PROGRAM.—The Under Secretary, acting through 

9 the Director of the Office of Minority Broadband Initia10 tives established under section 902(b)(1) of division N of 

11 the Consolidated Appropriations Act, 2021 (47 U.S.C. 

12 1306), shall establish a program, to be known as the 

13 ‘‘Telecommunications Workforce Training Grant Pro14 gram’’, under which the Under Secretary shall award 

15 grants to eligible entities to develop training programs. 

16 (b) APPLICATION.— 

17 (1) IN GENERAL.—An eligible entity desiring a 

18 covered grant shall submit to the Under Secretary 

19 an application at such time, in such manner, and 

20 containing such information as the Under Secretary 

21 may require. 

22 (2) CONTENTS.—An eligible entity shall include 

23 in an application submitted under paragraph (1)— 

24 (A) a commitment from the industry part25 ner of the eligible entity to collaborate with the 


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1 eligible entity to develop a training program, in2 cluding curricula and internships or apprentice3 ships; 

4 (B) a description of how the eligible entity 

5 plans to use the covered grant funds, including 

6 the type of training program the eligible entity 

7 plans to develop; 

8 (C) a plan for recruitment of students and 

9 potential students to participate in the applica10 ble training program; 

11 (D) a plan to increase female student par12 ticipation in the applicable training program; 

13 (E) a description of potential jobs to be se14 cured through the applicable training program, 

15 including jobs in the communities surrounding 

16 the eligible entity; and 

17 (F) a description of how the eligible entity 

18 will meet the short-term and long-term goals es19 tablished under subsection (e)(2) and perform20 ance metrics established under that subsection. 

21 (c) USE OF FUNDS.—An eligible entity may use cov22 ered grant funds, with respect to the training program of 

23 the eligible entity, to— 

24 (1) hire faculty members to teach courses in the 

25 applicable training program; 


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1 (2) train faculty members to prepare students 

2 for employment in jobs related to the deployment of 

3 next-generation wired and wireless communications 

4 networks, including 5G networks, hybrid fiber-co5 axial networks, and fiber infrastructure, particularly 

6 in— 

7 (A) broadband, electromagnetic spectrum, 

8 or wireless network engineering; 

9 (B) network deployment and maintenance; 

10 and 

11 (C) industry field activities; 

12 (3) design and develop curricula and other com13 ponents necessary for degrees, courses, or programs 

14 of study, including certificate programs and 

15 credentialing programs, that comprise the training 

16 program; 

17 (4) pay for costs associated with instruction 

18 under the training program, including the costs of 

19 equipment, telecommunications training towers, lab20 oratory space, classroom space, and instructional 

21 field activities; 

22 (5) fund scholarships, student internships, ap23 prenticeships, and pre-apprenticeship opportunities 

24 in the areas described in paragraph (2); 


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1 (6) recruit students for the training program; 

2 and 

3 (7) support the enrollment in the training pro4 gram of individuals working in the telecommuni5 cations or electromagnetic spectrum industry in 

6 order for those individuals to advance professionally 

7 in the industry. 

8 (d) GRANT AWARDS.— 

9 (1) DEADLINE.—Not later than 2 years after 

10 the date on which amounts are made available to 

11 carry out this section, the Under Secretary shall 

12 award all covered grants. 

13 (2) MINIMUM ALLOCATION TO CERTAIN ENTI14 TIES.—Of the total amount of covered grants made 

15 under this section, the Under Secretary shall award 

16 not less than— 

17 (A) 20 percent of covered grant amounts 

18 to eligible entities that include historically 

19 Black colleges or universities; 

20 (B) 20 percent of covered grant amounts 

21 to eligible entities that include Tribal Colleges 

22 or Universities; and 

23 (C) 20 percent of covered grant amounts 

24 to eligible entities that include Hispanic-serving 

25 institutions. 


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1 (3) COORDINATION.—The Under Secretary 

2 shall ensure that covered grant amounts awarded 

3 under paragraph (2) are coordinated with grant 

4 amounts provided under section 902 of division N of 

5 the Consolidated Appropriations Act, 2021 (47 

6 U.S.C. 1306). 

7 (4) CONSTRUCTION.—In awarding covered 

8 grants for education relating to construction, the 

9 Under Secretary may prioritize applications that 

10 partner with registered apprenticeship programs, in11 dustry-led apprenticeship programs, pre-apprentice12 ship programs, other work-based learning opportuni13 ties, or public 2-year community or technical colleges 

14 that have a written agreement with 1 or more reg15 istered apprenticeship programs, industry-led ap16 prenticeship programs, pre-apprenticeship programs, 

17 or other work-based learning opportunities. 

18 (e) RULES.— 

19 (1) ISSUANCE.—Not later than 180 days after 

20 the date of enactment of this Act, after providing 

21 public notice and an opportunity to comment, the 

22 Under Secretary, in consultation with the Secretary 

23 of Labor and the Secretary of Education, shall issue 

24 final rules governing the Grant Program. 


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1 (2) CONTENT OF RULES.—In the rules issued 

2 under paragraph (1), the Under Secretary shall— 

3 (A) establish short-term and long-term 

4 goals for an eligible entity that receives a cov5 ered grant; 

6 (B) establish performance metrics that 

7 demonstrate whether the goals described in 

8 paragraph (1) have been met by an eligible en9 tity; 

10 (C) identify the steps the Under Secretary 

11 will take to award covered grants through the 

12 Grant Program if the demand for covered 

13 grants exceeds the amount appropriated to 

14 carry out the Grant Program; and 

15 (D) develop criteria for evaluating applica16 tions for covered grants. 

17 (f) TERM.—The Under Secretary shall establish the 

18 term of a covered grant, which may not be less than 5 

19 years. 

20 (g) GRANTEE REPORTS.—During the term of a cov21 ered grant received by an eligible entity, the eligible entity 

22 shall submit to the Under Secretary a semiannual report 

23 that, with respect to the preceding 180-day period— 

24 (1) describes how the eligible entity used the 

25 covered grant amounts; 


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1 (2) describes the progress the eligible entity 

2 made in developing and executing the applicable 

3 training program; 

4 (3) describes the number of faculty and stu5 dents participating in the applicable training pro6 gram; 

7 (4) describes the partnership with the industry 

8 partner of the eligible entity, including— 

9 (A) the commitments and in-kind contribu10 tions made by the industry partner; and 

11 (B) the role of the industry partner in cur12 riculum development, the degree program, and 

13 internships and apprenticeships; 

14 (5) includes data on internship, apprenticeship, 

15 and employment opportunities and placements; and 

16 (6) provides information determined necessary 

17 by Under Secretary to— 

18 (A) measure progress toward the goals es19 tablished under subsection (e)(2)(A); and 

20 (B) assess whether the goals described in 

21 subparagraph (A) are being met. 

22 (h) OVERSIGHT.— 

23 (1) AUDITS.—The Inspector General of the De24 partment of Commerce shall audit the Grant Pro25 gram in order to— 


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1 (A) ensure that eligible entities use covered 

2 grant amounts in accordance with the require3 ments of this section, including the purposes for 

4 which covered grants may be used, as described 

5 in subsection (c); and 

6 (B) prevent waste, fraud, abuse, and im7 proper payments in the operation of the Grant 

8 Program. 

9 (2) REVOCATION OF FUNDS.—The Under Sec10 retary shall revoke a covered grant awarded to an el11 igible entity if the eligible entity is not in compliance 

12 with the requirements of this section, including if 

13 the eligible entity uses the grant for a purpose that 

14 is not in compliance with subsection (c). 

15 (3) AUDIT FINDINGS.—Any finding by the In16 spector General of the Department of Commerce 

17 under paragraph (1) of waste, fraud, or abuse in the 

18 Grant Program, or that an improper payment has 

19 been made with respect to the Grant Program, shall 

20 identify the following: 

21 (A) Any entity within the eligible entity 

22 that committed the applicable act. 

23 (B) The amount of funding made available 

24 from the Grant Program to the eligible entity. 


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1 (C) The amount of funding determined to 

2 be an improper payment to an eligible entity, if 

3 applicable. 

4 (4) NOTIFICATION OF AUDIT FINDINGS.—Not 

5 later than 7 days after making a finding under para6 graph (1) of waste, fraud, or abuse in the Grant 

7 Program, or that an improper payment has been 

8 made with respect to the Grant Program, the In9 spector General of the Department of Commerce 

10 shall concurrently notify the Under Secretary, the 

11 Committee on Commerce, Science, and Transpor12 tation of the Senate, and the Committee on Energy 

13 and Commerce of the House of Representatives of 

14 that finding, which shall include the information 

15 identified under paragraph (3) with respect to the 

16 finding. 

17 (5) FRAUD RISK MANAGEMENT.—The Under 

18 Secretary shall, with respect to the Grant Pro19 gram— 

20 (A) designate an entity within the Office of 

21 Minority Broadband Initiatives to lead fraud 

22 risk management activities; 

23 (B) ensure that the entity designated 

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1 sibilities and the necessary authority to serve 

2 the role of the entity; 

3 (C) conduct risk-based monitoring and 

4 evaluation of fraud risk management activities 

5 with a focus on outcome measurement; 

6 (D) collect and analyze data from report7 ing mechanisms and instances of detected fraud 

8 for real-time monitoring of fraud trends; 

9 (E) use the results of the monitoring, eval10 uations, and investigations to improve fraud 

11 prevention, detection, and response; 

12 (F) plan regular fraud risk assessments 

13 and assess risks to determine a fraud risk pro14 file; 

15 (G) develop, document, and communicate 

16 an antifraud strategy, focusing on preventative 

17 control activities; 

18 (H) consider the benefits and costs of con19 trols to prevent and detect potential fraud and 

20 develop a fraud response plan; and 

21 (I) establish collaborative relationships 

22 with stakeholders and create incentives to help 

23 ensure effective implementation of the antifraud 

24 strategy. 


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1 (i) ANNUAL REPORT TO CONGRESS.—Until the year 

2 in which all covered grants have expired, the Under Sec3 retary shall submit to Congress an annual report that, for 

4 the year covered by the report— 

5 (1) identifies each eligible entity that received a 

6 covered grant and the amount of the covered grant; 

7 (2) describes the progress each eligible entity 

8 described in paragraph (1) has made toward accom9 plishing the overall purpose of the Grant Program, 

10 as described in subsection (c); 

11 (3) summarizes the job placement status or ap12 prenticeship opportunities of students who have par13 ticipated in each training program; 

14 (4) includes the findings of any audits con15 ducted by the Inspector General of the Department 

16 of Commerce under subsection (h)(1) that were not 

17 included in the previous report submitted under this 

18 subsection; and 

19 (5) includes information on— 

20 (A) the progress of each eligibly entity to21 wards the short-term and long-term goals es22 tablished under subsection (e)(2)(A); and 

23 (B) the performance of each eligible entity 

24 with respect to the performance metrics de25 scribed in subsection (e)(2)(B). 


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1 Subtitle B—National Spectrum 

2 Workforce Plan 

3 SEC. 511. NATIONAL SPECTRUM WORKFORCE PLAN. 

4 (a) NATIONAL SPECTRUM WORKFORCE PLAN.—Not 

5 later than 1 year after the date of enactment of this Act, 

6 the Under Secretary, in coordination with the Executive 

7 Office of the President, and in consultation with the heads 

8 of the member agencies of the Spectrum Advisory Council 

9 and the stakeholders described in subsection (b), shall de10 velop a National Spectrum Workforce Plan to— 

11 (1) understand the spectrum workforce develop12 ment needs for the United States; 

13 (2) prioritize the development of, and enhance14 ment to, the spectrum ecosystem workforce, includ15 ing the operational, technical, and policy positions 

16 involved in spectrum-related activities; and 

17 (3) consider strategies and methods to encour18 age the development of spectrum engineering train19 ing programs, work-study programs, and trade 

20 school certification programs to strengthen the spec21 trum workforce ecosystem. 

22 (b) STAKEHOLDER ENGAGEMENT.—The Under Sec23 retary, in coordination with the Executive Office of the 

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1 holders, including academia, Federal agencies, Tribal Na2 tions, and industry, to identify the education and training 

3 programs necessary to equip the existing workforce, and 

4 prepare the future workforce, to meet the evolving spec5 trum-related workforce demands. 

6 (c) UPDATES.—Not later than 3 years after the date 

7 of enactment of this Act, and once every 4 years thereafter 

8 (or more frequently, as appropriate, as determined by the 

9 Under Secretary), the Under Secretary, in coordination 

10 with the Executive Office of the President, shall update 

11 the National Spectrum Workforce Plan developed under 

12 subsection (a). 

13 (d) REPORT TO CONGRESS.—The Under Secretary 

14 shall submit to Congress the National Spectrum Work15 force Plan established subsection (a) and any updates to 

16 that Plan made under subsection (c). 

17 TITLE VI—SPECTRUM AUCTION 

18 TRUST FUND 

19 SEC. 601. DEFINITION. 

20 In this title, the term ‘‘covered auction’’ means a sys21 tem of competitive bidding— 

22 (1) conducted under section 309(j) of the Com23 munications Act of 1934 (47 U.S.C. 309(j)), as 

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1 riod beginning on March 9, 2023, and ending on 

2 September 30, 2029; 

3 (2) conducted under section 309(j) of the Com4 munications Act of 1934 (47 U.S.C. 309(j)), as 

5 amended by this Act, for the band of frequencies be6 tween 12700 megahertz and 13250 megahertz, in7 clusive, on or after the date of enactment of this 

8 Act; 

9 (3) that involves a band of frequencies de10 scribed in section 113(g)(2) of the National Tele11 communications and Information Administration Or12 ganization Act (47 U.S.C. 923(g)(2)) and is con13 ducted on or after the date of enactment of this Act; 

14 or 

15 (4) with respect to which the Commission 

16 shares with a licensee a portion of the proceeds, as 

17 described in paragraph (8)(G) of section 309(j) of 

18 the Communications Act of 1934 (47 U.S.C. 309(j)), 

19 as amended by this Act, and that is conducted on 

20 or after the date of enactment of this Act. 

21 SEC. 602. SPECTRUM AUCTION TRUST FUND. 

22 (a) ESTABLISHMENT.— 

23 (1) IN GENERAL.—There is established in the 

24 Treasury of the United States a fund to be known 

25 as the ‘‘Spectrum Auction Trust Fund’’ (referred to 


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1 in this section as the ‘‘Fund’’) for the purposes de2 scribed in subparagraphs (A) through (I) of sub3 section (c)(1). 

4 (2) AMOUNTS AVAILABLE UNTIL EXPENDED.— 

5 Amounts deposited in the Fund shall remain avail6 able until expended. 

7 (b) DEPOSIT OF PROCEEDS.— 

8 (1) IN GENERAL.—Notwithstanding any other 

9 provision of law, except section 309(j)(8)(B) of the 

10 Communications Act of 1934 (47 U.S.C. 

11 309(j)(8)(B)), the proceeds (including deposits and 

12 upfront payments from successful bidders) from any 

13 covered auction shall be deposited or available as fol14 lows: 

15 (A) With respect to a covered auction de16 scribed in paragraph (3) or (4) of section 601, 

17 the proceeds of the covered auction shall be de18 posited or available as follows: 

19 (i) With respect to a covered auction 

20 described in section 601(3)— 

21 (I) such amount of those pro22 ceeds as is necessary to cover 110 per23 cent of the relocation or sharing costs 

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1 communications and Information Ad2 ministration Organization Act (47 

3 U.S.C. 923)) of Federal entities (as 

4 defined in subsection (l) of such sec5 tion 113) relocated from or sharing 

6 such eligible frequencies shall be de7 posited in the Spectrum Relocation 

8 Fund established under section 118 of 

9 such Act (47 U.S.C. 928); and 

10 (II) any remaining proceeds after 

11 making the deposit described in sub12 clause (I) shall be deposited in accord13 ance with subsection (c). 

14 (ii) With respect to a covered auction 

15 described in section 601(4)— 

16 (I) such amount of those pro17 ceeds as the Commission has agreed 

18 to share with licensees under section 

19 309(j)(8)(G) of the Communications 

20 Act of 1934 (47 U.S.C. 309(j)(8)(G)) 

21 shall be shared with those licensees; 

22 and 

23 (II) any remaining proceeds after 

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1 clause (I), shall be deposited in ac2 cordance with subsection (c). 

3 (B) After carrying out subparagraph (A) 

4 (if that subparagraph is applicable to the cov5 ered auction), $2,000,000,000 of the proceeds 

6 of the covered auction shall be deposited in the 

7 general fund of the Treasury, where those pro8 ceeds shall be dedicated for the sole purpose of 

9 deficit reduction. 

10 (C) Any proceeds of the covered auction 

11 that remain after carrying out subparagraphs 

12 (A) and (B) shall be deposited in accordance 

13 with subsection (c). 

14 (2) PROCEEDS OF SPECTRUM PIPELINE ACT OF

15 2015 AUCTION.—Except as provided in section 

16 309(j)(8)(B) of the Communications Act of 1934 

17 (47 U.S.C. 309(j)(8)(B)), and notwithstanding any 

18 other provision of law (including paragraph (1)), the 

19 proceeds of the system of competitive bidding re20 quired under section 1004 of the Spectrum Pipeline 

21 Act of 2015 (47 U.S.C. 921 note) shall be deposited 

22 or available as follows: 

23 (A) If that system of competitive bidding is 

24 a covered auction described in paragraph (3) or 

25 (4) of section 601, the proceeds of the system 


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1 of competitive bidding shall be deposited or 

2 available as follows: 

3 (i) With respect to a covered auction 

4 described in section 601(3), such amount 

5 of those proceeds as is necessary to cover 

6 110 percent of the relocation or sharing 

7 costs (as defined in subsection (g)(3) of 

8 section 113 of the National Telecommuni9 cations and Information Administration 

10 Organization Act (47 U.S.C. 923)) of Fed11 eral entities (as defined in subsection (l) of 

12 such section 113) relocated from or shar13 ing such eligible frequencies shall be depos14 ited in the Spectrum Relocation Fund es15 tablished under section 118 of such Act 

16 (47 U.S.C. 928). 

17 (ii) With respect to a covered auction 

18 described in section 601(4), such amount 

19 of those proceeds as the Commission has 

20 agreed to share with licensees under sec21 tion 309(j)(8)(G) of the Communications 

22 Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall 

23 be shared with those licensees. 

24 (B) After carrying out subparagraph (A) 

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1 tem of competitive bidding), $300,000,000 of 

2 the proceeds of that system of competitive bid3 ding shall be deposited in the general fund of 

4 the Treasury, where those proceeds shall be 

5 dedicated for the sole purpose of deficit reduc6 tion. 

7 (C) Any proceeds of that system of com8 petitive bidding that remain after carrying out 

9 subparagraphs (A) and (B) shall be deposited 

10 in accordance with subsection (c). 

11 (c) DEPOSIT OF FUNDS.— 

12 (1) IN GENERAL.—Notwithstanding any other 

13 provision of law (except for subsection (b)), an ag14 gregate total amount of $20,605,000,000 of the pro15 ceeds of covered auctions that remain after carrying 

16 out that subsection shall be deposited in the Fund 

17 as follows: 

18 (A) 12 percent of those remaining 

19 amounts, but not more than $3,080,000,000 

20 cumulatively, shall be transferred to the general 

21 fund of the Treasury to reimburse the amount 

22 borrowed under subsection (d)(1)(A). 

23 (B) 12 percent of those remaining 

24 amounts, but not more than $5,000,000,000 

25 cumulatively, shall be transferred to the general 


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1 fund of the Treasury to reimburse the amount 

2 borrowed under subsection (d)(1)(B). 

3 (C) 12 percent of those remaining 

4 amounts, but not more than $2,000,000,000 

5 cumulatively, shall be transferred to the general 

6 fund of the Treasury to reimburse the amount 

7 borrowed under subsection (e)(1)(A). 

8 (D) 12 percent of those amounts, but not 

9 more than $3,000,000,000 cumulatively, shall 

10 be transferred to the general fund of the Treas11 ury to reimburse the amount borrowed under 

12 subsection (e)(1)(B). 

13 (E) 12 percent of those remaining 

14 amounts, but not more than $2,000,000,000 

15 cumulatively, shall be made available to the 

16 Under Secretary, to remain available until ex17 pended, to carry out sections 159, 160, and 161 

18 of the National Telecommunications and Infor19 mation Administration Organization Act, as 

20 added by section 801 of this Act, except that 

21 not more than 4 percent of the amount made 

22 available under this subparagraph may be used 

23 for administrative purposes (including carrying 

24 out such sections 160 and 161). 


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1 (F) 12 percent of those remaining 

2 amounts, but not more than $3,300,000,000 

3 cumulatively, shall be made available to the Di4 rector of the National Science Foundation to 

5 carry out research and related activities, of 

6 which— 

7 (i) $1,650,000,000 shall be for the 

8 Directorate for Technology, Innovation, 

9 and Partnerships established under section 

10 10381 of the Research and Development, 

11 Competition, and Innovation Act (42 

12 U.S.C. 19101); and 

13 (ii) $1,650,000,000 shall be used to 

14 carry out other research and related activi15 ties for which amounts are authorized to 

16 be appropriated under section 10303 of the 

17 Research and Development, Competition, 

18 and Innovation Act (Public Law 117–167). 

19 (G) 12 percent of those remaining 

20 amounts, but not more than $1,700,000,000 

21 cumulatively, shall be made available to the 

22 Under Secretary of Commerce for Standards 

23 and Technology, of which— 

24 (i) $1,475,000,000 shall be used to 

25 carry out scientific and technical research 


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1 and services laboratory activities under 

2 subtitle B of title II of the Research and 

3 Development, Competition, and Innovation 

4 Act (42 U.S.C. 18931 et seq.); and 

5 (ii) $225,000,000 shall be used for 

6 Safety, Capacity, Maintenance, and Major 

7 Repairs for which amounts are authorized 

8 to be appropriated under section 10211 of 

9 the Research and Development, Competi10 tion, and Innovation Act (Public Law 117– 

11 167). 

12 (H) 12 percent of those remaining 

13 amounts, but not more than $500,000,000 cu14 mulatively, shall be made available to the Under 

15 Secretary to carry out the Telecommunications 

16 Workforce Training Grant Program established 

17 under section 503. 

18 (I) 4 percent of those remaining amounts, 

19 but not more than $25,000,000 cumulatively, 

20 shall be made available to the Under Secretary 

21 and the Secretary of Defense for the purpose of 

22 research and development, engineering studies, 

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1 ficiency and effectiveness of spectrum use of the 

2 Department of Defense. 

3 (2) DISTRIBUTION.—If the maximum amount 

4 permitted under any subparagraph of paragraph (1) 

5 is reached, whether through covered auction pro6 ceeds or appropriations to the program specified in 

7 that subparagraph, any remaining proceeds from the 

8 amount of proceeds of covered auctions described in 

9 that paragraph shall be deposited pro rata based on 

10 the original distribution to all subparagraphs of 

11 paragraph (1) for which the maximum amount per12 mitted has not been met. 

13 (3) DEFICIT REDUCTION.—After the amounts 

14 required to be made available by paragraphs (1) and 

15 (2) are so made available, any remaining amounts 

16 shall be deposited in the general fund of the Treas17 ury, where such amounts shall be dedicated for the 

18 sole purpose of deficit reduction. 

19 (d) FCC BORROWING AUTHORITY.— 

20 (1) IN GENERAL.—Subject to the limitation 

21 under paragraph (2), not later than 90 days after 

22 the date of enactment of this Act, the Commission 

23 may borrow from the Treasury of the United States 

24 an amount not to exceed— 


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1 (A) $3,080,000,000 to carry out the Se2 cure and Trusted Communications Networks 

3 Act of 2019 (47 U.S.C. 1601 et seq.); and 

4 (B) $5,000,000,000 to carry out section 

5 904 of division N of the Consolidated Appro6 priations Act, 2021 (47 U.S.C. 1752). 

7 (2) LIMITATION.—The Commission may not 

8 use any funds borrowed under this subsection in a 

9 manner that may result in outlays on or after De10 cember 31, 2033. 

11 (e) DEPARTMENT OF COMMERCE BORROWING AU12 THORITY.— 

13 (1) IN GENERAL.—Subject to the limitation 

14 under paragraph (2), not later than 90 days after 

15 the date of enactment of this Act, the Secretary of 

16 Commerce may borrow from the Treasury of the 

17 United States an amount not to exceed— 

18 (A) $2,000,000,000 to carry out section 28 

19 of the Stevenson-Wydler Technology Innovation 

20 Act of 1980 (15 U.S.C. 3722a); and 

21 (B) $3,000,000,000 for the fund estab22 lished under section 102(a) of the CHIPS Act 

23 of 2022 (15 U.S.C. 4651 note), which shall be 

24 used to carry out section 9902 of the William 

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1 ization Act for Fiscal Year 2021 (15 U.S.C. 

2 4652). 

3 (2) LIMITATION.—The Secretary of Commerce 

4 may not use any funds borrowed under this sub5 section in a manner that may result in outlays on 

6 or after December 31, 2033. 

7 (f) REPORTING REQUIREMENT.—Not later than 2 

8 years after the date of enactment of this Act, and annually 

9 thereafter until funds are fully expended, the heads of the 

10 agencies to which funds are made available under each 

11 subparagraph of subsection (c)(1) shall submit to the 

12 Committee on Commerce, Science, and Transportation of 

13 the Senate and the Committee on Energy and Commerce 

14 of the House of Representatives a report on the amount 

15 transferred or made available under the applicable sub16 paragraph. 

17 TITLE VII—SECURE AND TRUST18 ED COMMUNICATIONS NET19 WORKS REIMBURSEMENT 

20 PROGRAM 

21 SEC. 701. INCREASE IN LIMITATION ON EXPENDITURE. 

22 Section 4(k) of the Secure and Trusted Communica23 tions Networks Act of 2019 (47 U.S.C. 1603(k)) is 

24 amended by striking ‘‘$1,900,000,000’’ and inserting 

25 ‘‘$4,980,000,000’’. 


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1 TITLE VIII—NEXT GENERATION 

2 9–1–1 

3 SEC. 801. FURTHER DEPLOYMENT AND COORDINATION OF 

4 NEXT GENERATION 9–1–1. 

5 Part C of the National Telecommunications and In6 formation Administration Organization Act is amended by 

7 adding at the end the following: 

8 ‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM9 PLEMENTATION. 

10 ‘‘(a) DUTIES OF UNDER SECRETARY WITH RESPECT

11 TO NEXT GENERATION 9–1–1.— 

12 ‘‘(1) IN GENERAL.—The Under Secretary, after 

13 consulting with the Administrator, shall— 

14 ‘‘(A) take actions, in coordination with 

15 State points of contact described in subsection 

16 (c)(3)(A)(ii) as applicable, to improve coordina17 tion and communication with respect to the im18 plementation of Next Generation 9–1–1; 

19 ‘‘(B) develop, collect, and disseminate in20 formation concerning the practices, procedures, 

21 and technology used in the implementation of 

22 Next Generation 9–1–1; 

23 ‘‘(C) advise and assist eligible entities in 

24 the preparation of implementation plans re25 quired under subsection (c)(3)(A)(iii); 


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1 ‘‘(D) provide technical assistance to eligible 

2 entities provided a grant under subsection (c) in 

3 support of efforts to explore efficiencies related 

4 to Next Generation 9–1–1; 

5 ‘‘(E) review and approve or disapprove ap6 plications for grants under subsection (c); and 

7 ‘‘(F) oversee the use of funds provided by 

8 such grants in fulfilling such implementation 

9 plans. 

10 ‘‘(2) ANNUAL REPORTS.—Not later than Octo11 ber 1, 2025, and each year thereafter until funds 

12 made available to make grants under subsection (c) 

13 are no longer available to be expended, the Under 

14 Secretary shall submit to Congress a report on the 

15 activities conducted by the Under Secretary under 

16 paragraph (1) in the year preceding the submission 

17 of the report. 

18 ‘‘(3) ASSISTANCE.—The Under Secretary may 

19 seek the assistance of the Administrator in carrying 

20 out the duties described in subparagraphs (A) 

21 through (D) of paragraph (1) as the Under Sec22 retary determines necessary. 

23 ‘‘(b) ADDITIONAL DUTIES.— 

24 ‘‘(1) MANAGEMENT PLAN.— 


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1 ‘‘(A) DEVELOPMENT.—The Under Sec2 retary, after consulting with the Administrator, 

3 shall develop a management plan for the grant 

4 program established under this section, includ5 ing by developing— 

6 ‘‘(i) plans related to the organiza7 tional structure of the grant program; and 

8 ‘‘(ii) funding profiles for each fiscal 

9 year of the duration of the grant program. 

10 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

11 later than 180 days after the date of enactment 

12 of this section, the Under Secretary shall— 

13 ‘‘(i) submit the management plan de14 veloped under subparagraph (A) to— 

15 ‘‘(I) the Committee on Com16 merce, Science, and Transportation 

17 and the Committee on Appropriations 

18 of the Senate; and 

19 ‘‘(II) the Committee on Energy 

20 and Commerce and the Committee on 

21 Appropriations of the House of Rep22 resentatives; 

23 ‘‘(ii) publish the management plan on 

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1 cations and Information Administration; 

2 and 

3 ‘‘(iii) provide the management plan to 

4 the Administrator for the purpose of pub5 lishing the management plan on the 

6 website of the National Highway Traffic 

7 Safety Administration. 

8 ‘‘(2) MODIFICATION OF PLAN.— 

9 ‘‘(A) MODIFICATION.—The Under Sec10 retary, after consulting with the Administrator, 

11 may modify the management plan developed 

12 under paragraph (1)(A). 

13 ‘‘(B) SUBMISSION.—Not later than 90 

14 days after the plan is modified under subpara15 graph (A), the Under Secretary shall— 

16 ‘‘(i) submit the modified plan to— 

17 ‘‘(I) the Committee on Com18 merce, Science, and Transportation 

19 and the Committee on Appropriations 

20 of the Senate; and 

21 ‘‘(II) the Committee on Energy 

22 and Commerce and the Committee on 

23 Appropriations of the House of Rep24 resentatives; 


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1 ‘‘(ii) publish the modified plan on the 

2 website of the National Telecommuni3 cations and Information Administration; 

4 and 

5 ‘‘(iii) provide the modified plan to the 

6 Administrator for the purpose of pub7 lishing the modified plan on the website of 

8 the National Highway Traffic and Safety 

9 Administration. 

10 ‘‘(c) NEXT GENERATION 9–1–1 IMPLEMENTATION

11 GRANTS.— 

12 ‘‘(1) GRANTS.—The Under Secretary shall pro13 vide grants to eligible entities for— 

14 ‘‘(A) implementing Next Generation 9–1– 

15 1; 

16 ‘‘(B) maintaining Next Generation 9–1–1; 

17 ‘‘(C) training directly related to imple18 menting, maintaining, and operating Next Gen19 eration 9–1–1 if the cost related to the training 

20 does not exceed— 

21 ‘‘(i) 3 percent of the total grant 

22 award for eligible entities that are not 

23 Tribes; and 

24 ‘‘(ii) 5 percent of the total grant 

25 award for eligible entities that are Tribes; 


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1 ‘‘(D) public outreach and education on how 

2 the public can best use Next Generation 9–1– 

3 1 and the capabilities and usefulness of Next 

4 Generation 9–1–1; 

5 ‘‘(E) administrative costs associated with 

6 planning of Next Generation 9–1–1, including 

7 any cost related to planning for and preparing 

8 an application and related materials as required 

9 by this subsection, if— 

10 ‘‘(i) the cost is fully documented in 

11 materials submitted to the Under Sec12 retary; and 

13 ‘‘(ii) the cost is reasonable and nec14 essary and does not exceed— 

15 ‘‘(I) 1 percent of the total grant 

16 award for eligible entities that are not 

17 Tribes; and 

18 ‘‘(II) 2 percent of the total grant 

19 award for eligible entities that are 

20 Tribes; and 

21 ‘‘(F) costs associated with implementing 

22 cybersecurity measures at emergency commu23 nications centers or with respect to Next Gen24 eration 9–1–1. 


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1 ‘‘(2) APPLICATION.—In providing grants under 

2 paragraph (1), the Under Secretary, after consulting 

3 with the Administrator, shall require an eligible enti4 ty to submit to the Under Secretary an application, 

5 at the time and in the manner determined by the 

6 Under Secretary, containing the certification re7 quired by paragraph (3). 

8 ‘‘(3) COORDINATION REQUIRED.—An eligible 

9 entity shall include in the application required by 

10 paragraph (2) a certification that— 

11 ‘‘(A) in the case of an eligible entity that 

12 is a State, the entity— 

13 ‘‘(i) has coordinated the application 

14 with the emergency communications cen15 ters located within the jurisdiction of the 

16 entity; 

17 ‘‘(ii) has designated a single officer or 

18 governmental body to serve as the State 

19 point of contact to coordinate the imple20 mentation of Next Generation 9–1–1 for 

21 the State, except that the designation need 

22 not vest the officer or governmental body 

23 with direct legal authority to implement 

24 Next Generation 9–1–1 or to manage 

25 emergency communications operations; and 


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1 ‘‘(iii) has developed and submitted a 

2 plan for the coordination and implementa3 tion of Next Generation 9–1–1 that— 

4 ‘‘(I) ensures interoperability by 

5 requiring the use of commonly accept6 ed standards; 

7 ‘‘(II) ensures reliability; 

8 ‘‘(III) enables emergency commu9 nications centers to process, analyze, 

10 and store multimedia, data, and other 

11 information; 

12 ‘‘(IV) incorporates cybersecurity 

13 tools, including intrusion detection 

14 and prevention measures; 

15 ‘‘(V) includes strategies for co16 ordinating cybersecurity information 

17 sharing between Federal, State, Trib18 al, and local government partners; 

19 ‘‘(VI) uses open and competitive 

20 request for proposal processes, includ21 ing through shared government pro22 curement vehicles, for deployment of 

23 Next Generation 9–1–1; 

24 ‘‘(VII) documents how input was 

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1 evant rural and urban emergency 

2 communications centers, regional au3 thorities, local authorities, and Tribal 

4 authorities; 

5 ‘‘(VIII) includes a governance 

6 body or bodies, either by creation of 

7 new, or use of existing, body or bod8 ies, for the development and deploy9 ment of Next Generation 9–1–1 

10 that— 

11 ‘‘(aa) ensures full notice and 

12 opportunity for participation by 

13 relevant stakeholders; and 

14 ‘‘(bb) consults and coordi15 nates with the State point of con16 tact required by clause (ii); 

17 ‘‘(IX) creates efficiencies related 

18 to Next Generation 9–1–1 functions, 

19 including cybersecurity and the 

20 virtualization and sharing of infra21 structure, equipment, and services; 

22 and 

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1 nections, and access in deploying Next 

2 Generation 9–1–1, including by— 

3 ‘‘(aa) requiring certificate 

4 authorities to be capable of cross5 certification with other authori6 ties; 

7 ‘‘(bb) avoiding risk of a sin8 gle point of failure or vulner9 ability; and 

10 ‘‘(cc) adhering to Federal 

11 agency best practices such as 

12 those promulgated by the Na13 tional Institute of Standards and 

14 Technology; and 

15 ‘‘(B) in the case of an eligible entity that 

16 is a Tribe, the entity has complied with clauses 

17 (i) and (iii) of subparagraph (A) (except for 

18 subclause (VIII)(bb) of such clause (iii)). 

19 ‘‘(4) CRITERIA.— 

20 ‘‘(A) IN GENERAL.—Not later than 1 year 

21 after the date of enactment of this section, the 

22 Under Secretary, after consulting with the Ad23 ministrator, shall issue rules, after providing 

24 the public with notice and an opportunity to 


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1 comment, establishing the criteria for selecting 

2 eligible entities for grants under this subsection. 

3 ‘‘(B) REQUIREMENTS.—The criteria estab4 lished under subparagraph (A) shall— 

5 ‘‘(i) include performance requirements 

6 and a schedule for completion of any 

7 project to be financed by a grant under 

8 this subsection; and 

9 ‘‘(ii) specifically permit regional or 

10 multi-State applications for funds. 

11 ‘‘(C) UPDATES.—The Under Secretary 

12 shall update the rules issued under subpara13 graph (A) as necessary. 

14 ‘‘(5) GRANT CERTIFICATIONS.—An eligible enti15 ty shall certify to the Under Secretary at the time 

16 of application for a grant under this subsection, and 

17 an eligible entity that receives such a grant shall cer18 tify to the Under Secretary annually thereafter dur19 ing the period during which the funds from the 

20 grant are available to the eligible entity, that— 

21 ‘‘(A) beginning on the date that is 180 

22 days before the date on which the application is 

23 filed, no portion of any 9–1–1 fee or charge im24 posed by the eligible entity (or if the eligible en25 tity is not a State or Tribe, any State or taxing 


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1 jurisdiction within which the eligible entity will 

2 carry out, or is carrying out, activities using 

3 grant funds) is obligated or expended for a pur4 pose or function not designated as acceptable 

5 under the rules issued under section 6(f)(3) of 

6 the Wireless Communications and Public Safety 

7 Act of 1999 (47 U.S.C. 615a–1(f)(3)) (as those 

8 rules are in effect on the date on which the eli9 gible entity makes the certification); 

10 ‘‘(B) any funds received by the eligible en11 tity will be used, consistent with paragraph (1), 

12 to support the deployment of Next Generation 

13 9–1–1 in a manner that ensures reliability and 

14 interoperability by requiring the use of com15 monly accepted standards; 

16 ‘‘(C) the eligible entity (or if the eligible 

17 entity is not a State or Tribe, any State or tax18 ing jurisdiction within which the eligible entity 

19 will carry out or is carrying out activities using 

20 grant funds) has established, or has committed 

21 to establish not later than 3 years after the 

22 date on which the grant funds are distributed 

23 to the eligible entity— 

24 ‘‘(i) a sustainable funding mechanism 

25 for Next Generation 9–1–1; and 


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1 ‘‘(ii) effective cybersecurity resources 

2 for Next Generation 9–1–1; 

3 ‘‘(D) the eligible entity will promote inter4 operability between emergency communications 

5 centers deploying Next Generation 9–1–1 and 

6 emergency response providers, including users 

7 of the nationwide public safety broadband net8 work; 

9 ‘‘(E) the eligible entity has taken or will 

10 take steps to coordinate with adjoining States 

11 and Tribes to establish and maintain Next Gen12 eration 9–1–1; and 

13 ‘‘(F) the eligible entity has developed a 

14 plan for public outreach and education on how 

15 the public can best use Next Generation 9–1– 

16 1 and on the capabilities and usefulness of Next 

17 Generation 9–1–1. 

18 ‘‘(6) CONDITION OF GRANT.—An eligible entity 

19 shall agree, as a condition of receipt of a grant 

20 under this subsection, that if any State or taxing ju21 risdiction within which the eligible entity will carry 

22 out activities using grant funds fails to comply with 

23 a certification required under paragraph (5), during 

24 the period during which the funds from the grant 

25 are available to the eligible entity, all of the funds 


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1 from the grant shall be returned to the Under Sec2 retary. 

3 ‘‘(7) PENALTY FOR PROVIDING FALSE INFOR4 MATION.—An eligible entity that knowingly provides 

5 false information in a certification under paragraph 

6 (5)— 

7 ‘‘(A) shall not be eligible to receive the 

8 grant under this subsection; 

9 ‘‘(B) shall return any grant awarded under 

10 this subsection; and 

11 ‘‘(C) shall not be eligible to receive any 

12 subsequent grants under this subsection. 

13 ‘‘(8) PROHIBITION.—Grant funds provided 

14 under this subsection may not be used— 

15 ‘‘(A) to support any activity of the First 

16 Responder Network Authority; or 

17 ‘‘(B) to make any payments to a person 

18 who has been, for reasons of national security, 

19 prohibited by any entity of the Federal Govern20 ment from bidding on a contract, participating 

21 in an auction, or receiving a grant. 

22 ‘‘(d) DEFINITIONS.—In this section and sections 160 

23 and 161: 

24 ‘‘(1) 9–1–1 FEE OR CHARGE.—The term ‘9–1– 

25 1 fee or charge’ has the meaning given the term in 


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1 section 6(f)(3)(D) of the Wireless Communications 

2 and Public Safety Act of 1999 (47 U.S.C. 615a– 

3 1(f)(3)(D)). 

4 ‘‘(2) 9–1–1 REQUEST FOR EMERGENCY ASSIST5 ANCE.—The term ‘9–1–1 request for emergency as6 sistance’ means a communication, such as voice, 

7 text, picture, multimedia, or any other type of data, 

8 that is sent to an emergency communications center 

9 for the purpose of requesting emergency assistance. 

10 ‘‘(3) ADMINISTRATOR.—The term ‘Adminis11 trator’ means the Administrator of the National 

12 Highway Traffic Safety Administration. 

13 ‘‘(4) COMMONLY ACCEPTED STANDARDS.—The 

14 term ‘commonly accepted standards’ means the tech15 nical standards followed by the communications in16 dustry for network, device, and Internet Protocol 

17 connectivity that— 

18 ‘‘(A) enable interoperability; and 

19 ‘‘(B) are— 

20 ‘‘(i) developed and approved by a 

21 standards development organization that is 

22 accredited by an American standards body 

23 (such as the American National Standards 

24 Institute) or an equivalent international 

25 standards body in a process— 


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1 ‘‘(I) that is open for participation 

2 by any person; and 

3 ‘‘(II) provides for a conflict reso4 lution process; 

5 ‘‘(ii) subject to an open comment and 

6 input process before being finalized by the 

7 standards development organization; 

8 ‘‘(iii) consensus-based; and 

9 ‘‘(iv) made publicly available once ap10 proved. 

11 ‘‘(5) COST RELATED TO THE TRAINING.—The 

12 term ‘cost related to the training’ means— 

13 ‘‘(A) actual wages incurred for travel and 

14 attendance, including any necessary overtime 

15 pay and backfill wage; 

16 ‘‘(B) travel expenses; 

17 ‘‘(C) instructor expenses; or 

18 ‘‘(D) facility costs and training materials. 

19 ‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible en20 tity’— 

21 ‘‘(A) means— 

22 ‘‘(i) a State or a Tribe; or 

23 ‘‘(ii) an entity, including a public au24 thority, board, or commission, established 


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1 by 1 or more entities described in clause 

2 (i); and 

3 ‘‘(B) does not include any entity that has 

4 failed to submit the certifications required 

5 under subsection (c)(5). 

6 ‘‘(7) EMERGENCY COMMUNICATIONS CENTER.— 

7 ‘‘(A) IN GENERAL.—The term ‘emergency 

8 communications center’ means— 

9 ‘‘(i) a facility that— 

10 ‘‘(I) is designated to receive a 9– 

11 1–1 request for emergency assistance; 

12 and 

13 ‘‘(II) performs 1 or more of the 

14 functions described in subparagraph 

15 (B); or 

16 ‘‘(ii) a public safety answering point, 

17 as defined in section 222 of the Commu18 nications Act of 1934 (47 U.S.C. 222). 

19 ‘‘(B) FUNCTIONS DESCRIBED.—The func20 tions described in this subparagraph are the fol21 lowing: 

22 ‘‘(i) Processing and analyzing 9–1–1 

23 requests for emergency assistance and in24 formation and data related to such re25 quests. 


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1 ‘‘(ii) Dispatching appropriate emer2 gency response providers. 

3 ‘‘(iii) Transferring or exchanging 9– 

4 1–1 requests for emergency assistance and 

5 information and data related to such re6 quests with 1 or more other emergency 

7 communications centers and emergency re8 sponse providers. 

9 ‘‘(iv) Analyzing any communications 

10 received from emergency response pro11 viders. 

12 ‘‘(v) Supporting incident command 

13 functions. 

14 ‘‘(8) EMERGENCY RESPONSE PROVIDER.—The 

15 term ‘emergency response provider’ has the meaning 

16 given that term in section 2 of the Homeland Secu17 rity Act of 2002 (6 U.S.C. 101). 

18 ‘‘(9) FIRST RESPONDER NETWORK AUTHOR19 ITY.—The term ‘First Responder Network Author20 ity’ means the authority established under 6204 of 

21 the Middle Class Tax Relief and Job Creation Act 

22 of 2012 (47 U.S.C. 1424). 

23 ‘‘(10) INTEROPERABILITY.—The term ‘inter24 operability’ means the capability of emergency com25 munications centers to receive 9–1–1 requests for 


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1 emergency assistance and information and data re2 lated to such requests, such as location information 

3 and callback numbers from a person initiating the 

4 request, then process and share the 9–1–1 requests 

5 for emergency assistance and information and data 

6 related to such requests with other emergency com7 munications centers and emergency response pro8 viders without the need for proprietary interfaces 

9 and regardless of jurisdiction, equipment, device, 

10 software, service provider, or other relevant factors. 

11 ‘‘(11) NATIONWIDE PUBLIC SAFETY

12 BROADBAND NETWORK.—The term ‘nationwide pub13 lic safety broadband network’ has the meaning given 

14 the term in section 6001 of the Middle Class Tax 

15 Relief and Job Creation Act of 2012 (47 U.S.C. 

16 1401). 

17 ‘‘(12) NEXT GENERATION 9–1–1.—The term 

18 ‘Next Generation 9–1–1’ means an Internet Pro19 tocol-based system that— 

20 ‘‘(A) ensures interoperability; 

21 ‘‘(B) is secure; 

22 ‘‘(C) employs commonly accepted stand23 ards; 


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1 ‘‘(D) enables emergency communications 

2 centers to receive, process, and analyze all types 

3 of 9–1–1 requests for emergency assistance; 

4 ‘‘(E) acquires and integrates additional in5 formation useful to handling 9–1–1 requests for 

6 emergency assistance; and 

7 ‘‘(F) supports sharing information related 

8 to 9–1–1 requests for emergency assistance 

9 among emergency communications centers and 

10 emergency response providers. 

11 ‘‘(13) RELIABILITY.—The term ‘reliability’ 

12 means the employment of sufficient measures to en13 sure the ongoing operation of Next Generation 9–1– 

14 1, including through the use of geo-diverse, device15 and network-agnostic elements that provide more 

16 than 1 route between end points with no common 

17 points where a single failure at that point would 

18 cause all routes to fail. 

19 ‘‘(14) STATE.—The term ‘State’ means any 

20 State of the United States, the District of Columbia, 

21 Puerto Rico, American Samoa, Guam, the United 

22 States Virgin Islands, the Northern Mariana Is23 lands, and any other territory or possession of the 

24 United States. 


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1 ‘‘(15) SUSTAINABLE FUNDING MECHANISM.— 

2 The term ‘sustainable funding mechanism’ means a 

3 funding mechanism that provides adequate revenues 

4 to cover ongoing expenses, including operations, 

5 maintenance, and upgrades. 

6 ‘‘(16) TRIBE.—The term ‘Tribe’ has the mean7 ing given to the term ‘Indian Tribe’ in section 4(e) 

8 of the Indian Self-Determination and Education As9 sistance Act (25 U.S.C. 5304(e)). 

10 ‘‘SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GEN11 ERATION 9–1–1 CYBERSECURITY CENTER. 

12 ‘‘The Under Secretary, after consulting with the Ad13 ministrator and the Director of the Cybersecurity and In14 frastructure Security Agency of the Department of Home15 land Security, shall establish a Next Generation 9–1–1 Cy16 bersecurity Center to coordinate with State, local, and re17 gional governments on the sharing of cybersecurity infor18 mation about, the analysis of cybersecurity threats to, and 

19 guidelines for strategies to detect and prevent cybersecu20 rity intrusions relating to Next Generation 9–1–1. 

21 ‘‘SEC. 161. NEXT GENERATION 9–1–1 ADVISORY BOARD. 

22 ‘‘(a) NEXT GENERATION 9–1–1 ADVISORY BOARD.— 

23 ‘‘(1) ESTABLISHMENT.—The Under Secretary 

24 shall establish a Public Safety Next Generation 9– 

25 1–1 Advisory Board (in this section referred to as 


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1 the ‘Board’) to provide recommendations to the 

2 Under Secretary— 

3 ‘‘(A) with respect to carrying out the du4 ties and responsibilities of the Under Secretary 

5 in issuing the rules required under section 

6 159(c)(4); 

7 ‘‘(B) as required by paragraph (7) of this 

8 subsection; and 

9 ‘‘(C) upon request under paragraph (8) of 

10 this subsection. 

11 ‘‘(2) MEMBERSHIP.— 

12 ‘‘(A) APPOINTMENT.—Not later than 150 

13 days after the date of enactment of this section, 

14 the Under Secretary shall appoint 16 members 

15 to the Board, of which— 

16 ‘‘(i) 4 members shall represent local 

17 law enforcement officials; 

18 ‘‘(ii) 4 members shall represent fire 

19 and rescue officials; 

20 ‘‘(iii) 4 members shall represent emer21 gency medical service officials; and 

22 ‘‘(iv) 4 members shall represent 9–1– 

23 1 professionals. 

24 ‘‘(B) DIVERSITY OF MEMBERSHIP.—Mem25 bers of the Board shall be representatives of 


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1 States or Tribes and local governments, chosen 

2 to reflect geographic and population density dif3 ferences, as well as public safety organizations 

4 at the national level across the United States. 

5 ‘‘(C) EXPERTISE.—Each member of the 

6 Board shall have specific expertise necessary for 

7 developing technical requirements under this 

8 section, such as technical expertise, and exper9 tise related to public safety communications and 

10 9–1–1 services. 

11 ‘‘(D) RANK AND FILE MEMBERS.—In mak12 ing the appointments under subparagraph (A), 

13 the Under Secretary shall appoint a rank and 

14 file member from each of the public safety dis15 ciplines listed in clauses (i) through (iv) of that 

16 subparagraph as a member of the Board and 

17 shall select the member from an organization 

18 that represents its public safety discipline at the 

19 national level. 

20 ‘‘(3) PERIOD OF APPOINTMENT.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraph (B), a member of the Board shall 

23 serve for a 3-year term. 


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1 ‘‘(B) REMOVAL FOR CAUSE.—A member of 

2 the Board may be removed for cause upon the 

3 determination of the Under Secretary. 

4 ‘‘(4) VACANCIES.—A vacancy in the Board shall 

5 be filled in the same manner as the original appoint6 ment. 

7 ‘‘(5) QUORUM.—A majority of the members of 

8 the Board shall constitute a quorum. 

9 ‘‘(6) CHAIRPERSON AND VICE CHAIRPERSON.— 

10 The Board shall select a Chairperson and Vice 

11 Chairperson from among the members of the Board. 

12 ‘‘(7) DUTY OF BOARD TO SUBMIT REC13 OMMENDATIONS.—Not later than 120 days after all 

14 members of the Board are appointed under para15 graph (2), the Board shall submit to the Under Sec16 retary recommendations for— 

17 ‘‘(A) deploying Next Generation 9–1–1 in 

18 rural and urban areas; 

19 ‘‘(B) ensuring flexibility in guidance, rules, 

20 and grant funding to allow for technology im21 provements; 

22 ‘‘(C) creating efficiencies related to Next 

23 Generation 9–1–1, including cybersecurity and 

24 the virtualization and sharing of core infra25 structure; 


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1 ‘‘(D) enabling effective coordination among 

2 State, local, Tribal, and territorial government 

3 entities to ensure that the needs of emergency 

4 communications centers in both rural and 

5 urban areas are taken into account in each im6 plementation plan required under section 

7 159(c)(3)(A)(iii); and 

8 ‘‘(E) incorporating existing cybersecurity 

9 resources into Next Generation 9–1–1 procure10 ment and deployment. 

11 ‘‘(8) AUTHORITY TO PROVIDE ADDITIONAL REC12 OMMENDATIONS.—Except as provided in paragraphs 

13 (1) and (7), the Board may provide recommenda14 tions to the Under Secretary only upon request of 

15 the Under Secretary. 

16 ‘‘(9) DURATION OF AUTHORITY.—The Board 

17 shall terminate on the date on which funds made 

18 available to make grants under section 159(c) are no 

19 longer available to be expended. 

20 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec21 tion may be construed as limiting the authority of the 

22 Under Secretary to seek comment from stakeholders and 

23 the public.’’. 

Æ 


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