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rying out activities using grant funds) has es-
tablished, or has committed to establish not 
later than 3 years following the date on which 
the grant funds are distributed to the eligible 
entity— 
‘‘(i) a sustainable funding mechanism 
for Next Generation 9–1–1; and 
‘‘(ii) effective cybersecurity resources 
for Next Generation 9–1–1; 
‘‘(D) the eligible entity will promote inter-
operability between emergency communications 
centers deploying Next Generation 9–1–1 and 
emergency response providers, including users 
of the nationwide public safety broadband net-
work; 
‘‘(E) the eligible entity has or will take 
steps to coordinate with adjoining States and 
Tribes to establish and maintain Next Genera-
tion 9–1–1; and 
‘‘(F) the eligible entity has developed a 
plan for public outreach and education on how 
the public can best use Next Generation 9–1– 
1 and on the capabilities and usefulness of Next 
Generation 9–1–1. 
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‘‘(6) CONDITION OF GRANT.—Each eligible en-
tity shall agree, as a condition of receipt of a grant 
under this subsection, that if any State or taxing ju-
risdiction within which the eligible entity will carry 
out activities using grant funds fails to comply with 
a certification required under paragraph (5), during 
any period of time during which the funds from the 
grant are available to the eligible entity, all of the 
funds from such grant shall be returned to the As-
sistant Secretary. 
‘‘(7) PENALTY FOR PROVIDING FALSE INFOR-
MATION.—Any eligible entity that provides a certifi-
cation under paragraph (5) knowing that the infor-
mation provided in the certification was false shall— 
‘‘(A) not be eligible to receive the grant 
under this subsection; 
‘‘(B) return any grant awarded under this 
subsection; and 
‘‘(C) not be eligible to receive any subse-
quent grants under this subsection. 
‘‘(8) 
PROHIBITION.—Grant 
funds 
provided 
under this subsection may not be used— 
‘‘(A) to support any activity of the First 
Responder Network Authority; or 
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‘‘(B) to make any payments to a person 
who has been, for reasons of national security, 
prohibited by any entity of the Federal Govern-
ment from bidding on a contract, participating 
in an auction, or receiving a grant. 
‘‘(d) DEFINITIONS.—In this section and sections 160 
and 161: 
‘‘(1) 9–1–1 FEE OR CHARGE.—The term ‘9–1– 
1 fee or charge’ has the meaning given such term in 
section 6(f)(3)(D) of the Wireless Communications 
and Public Safety Act of 1999 (47 U.S.C. 615a– 
1(f)(3)(D)). 
‘‘(2) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
ANCE.—The term ‘9–1–1 request for emergency as-
sistance’ means a communication, such as voice, 
text, picture, multimedia, or any other type of data 
that is sent to an emergency communications center 
for the purpose of requesting emergency assistance. 
‘‘(3) COMMONLY ACCEPTED STANDARDS.—The 
term ‘commonly accepted standards’ means the tech-
nical standards followed by the communications in-
dustry for network, device, and Internet Protocol 
connectivity that— 
‘‘(A) enable interoperability; and 
‘‘(B) are— 
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‘‘(i) developed and approved by a 
standards development organization that is 
accredited by an American standards body 
(such as the American National Standards 
Institute) or an equivalent international 
standards body in a process— 
‘‘(I) that is open to the public, 
including open for participation by 
any person; and 
‘‘(II) provides for a conflict reso-
lution process; 
‘‘(ii) subject to an open comment and 
input process before being finalized by the 
standards development organization; 
‘‘(iii) consensus-based; and 
‘‘(iv) made publicly available once ap-
proved. 
‘‘(4) COST RELATED TO THE TRAINING.—The 
term ‘cost related to the training’ means— 
‘‘(A) actual wages incurred for travel and 
attendance, including any necessary overtime 
pay and backfill wage; 
‘‘(B) travel expenses; 
‘‘(C) instructor expenses; or 
‘‘(D) facility costs and training materials. 
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‘‘(5) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’— 
‘‘(A) means— 
‘‘(i) a State or a Tribal organization 
(as defined in section 4(l) of the Indian 
Self-Determination and Education Assist-
ance Act (25 U.S.C. 5304(l))); or 
‘‘(ii) an entity, including a public au-
thority, board, or commission, established 
by one or more entities described in clause 
(i); and 
‘‘(B) does not include any entity that has 
failed to submit the certifications required 
under subsection (c)(5). 
‘‘(6) EMERGENCY COMMUNICATIONS CENTER.— 
‘‘(A) IN GENERAL.—The term ‘emergency 
communications center’ means— 
‘‘(i) a facility that— 
‘‘(I) is designated to receive a 9– 
1–1 request for emergency assistance; 
and 
‘‘(II) performs one or more of the 
functions described in subparagraph 
(B); or 
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‘‘(ii) a public safety answering point, 
as defined in section 222 of the Commu-
nications Act of 1934 (47 U.S.C. 222). 
‘‘(B) FUNCTIONS DESCRIBED.—The func-
tions described in this subparagraph are the fol-
lowing: 
‘‘(i) Processing and analyzing 9–1–1 
requests for emergency assistance and in-
formation and data related to such re-
quests. 
‘‘(ii) Dispatching appropriate emer-
gency response providers. 
‘‘(iii) Transferring or exchanging 9– 
1–1 requests for emergency assistance and 
information and data related to such re-
quests with one or more other emergency 
communications centers and emergency re-
sponse providers. 
‘‘(iv) Analyzing any communications 
received from emergency response pro-
viders. 
‘‘(v) Supporting incident command 
functions. 
‘‘(7) EMERGENCY RESPONSE PROVIDER.—The 
term ‘emergency response provider’ has the meaning 
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given that term under section 2 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101). 
‘‘(8) FIRST
RESPONDER
NETWORK
AUTHOR-
ITY.—The term ‘First Responder Network Author-
ity’ means the authority established under 6204 of 
the Middle Class Tax Relief and Job Creation Act 
of 2012 (47 U.S.C. 1424). 
‘‘(9) INTEROPERABILITY.—The term ‘interoper-
ability’ means the capability of emergency commu-
nications centers to receive 9–1–1 requests for emer-
gency assistance and information and data related to 
such requests, such as location information and call-
back numbers from a person initiating the request, 
then process and share the 9–1–1 requests for emer-
gency assistance and information and data related to 
such requests with other emergency communications 
centers and emergency response providers without 
the need for proprietary interfaces and regardless of 
jurisdiction, equipment, device, software, service pro-
vider, or other relevant factors. 
‘‘(10) 
NATIONWIDE
PUBLIC
SAFETY 
BROADBAND NETWORK.—The term ‘nationwide pub-
lic safety broadband network’ has the meaning given 
the term in section 6001 of the Middle Class Tax 
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Relief and Job Creation Act of 2012 (47 U.S.C. 
1401). 
‘‘(11) NEXT
GENERATION
9–1–1.—The term 
‘Next Generation 9–1–1’ means an Internet Pro-
tocol-based system that— 
‘‘(A) ensures interoperability; 
‘‘(B) is secure; 
‘‘(C) employs commonly accepted stand-
ards; 
‘‘(D) enables emergency communications 
centers to receive, process, and analyze all types 
of 9–1–1 requests for emergency assistance; 
‘‘(E) acquires and integrates additional in-
formation useful to handling 9–1–1 requests for 
emergency assistance; and 
‘‘(F) supports sharing information related 
to 9–1–1 requests for emergency assistance 
among emergency communications centers and 
emergency response providers. 
‘‘(12) 
RELIABILITY.—The 
term 
‘reliability’ 
means the employment of sufficient measures to en-
sure the ongoing operation of Next Generation 9–1– 
1 including through the use of geo-diverse, device- 
and network-agnostic elements that provide more 
than one route between end points with no common 
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points where a single failure at that point would 
cause all to fail. 
‘‘(13) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
lands, and any other territory or possession of the 
United States. 
‘‘(14) SUSTAINABLE
FUNDING
MECHANISM.— 
The term ‘sustainable funding mechanism’ means a 
funding mechanism that provides adequate revenues 
to cover ongoing expenses, including operations, 
maintenance, and upgrades. 
‘‘SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GEN-
ERATION 9–1–1 CYBERSECURITY CENTER. 
‘‘The Assistant Secretary shall establish a Next Gen-
eration 9–1–1 Cybersecurity Center to coordinate with 
State, local, and regional governments on the sharing of 
cybersecurity information about, the analysis of cybersecu-
rity threats to, and guidelines for strategies to detect and 
prevent cybersecurity intrusions relating to Next Genera-
tion 9–1–1. 
‘‘SEC. 161. NEXT GENERATION 9–1–1 ADVISORY BOARD. 
‘‘(a) NEXT GENERATION 9–1–1 ADVISORY BOARD.— 
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‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary shall establish a ‘Public Safety Next Genera-
tion 9–1–1 Advisory Board’ (in this section referred 
to as the ‘Board’) to provide recommendations to 
the Assistant Secretary— 
‘‘(A) with respect to carrying out the du-
ties and responsibilities of the Assistant Sec-
retary in issuing the regulations required under 
section 159(c); 
‘‘(B) as required by paragraph (7); and 
‘‘(C) upon request under paragraph (8). 
‘‘(2) MEMBERSHIP.— 
‘‘(A) VOTING MEMBERS.—Not later than 
150 days after the date of the enactment of this 
section, the Assistant Secretary shall appoint 
16 public safety members to the Board, of 
which— 
‘‘(i) 4 members shall represent local 
law enforcement officials; 
‘‘(ii) 4 members shall represent fire 
and rescue officials; 
‘‘(iii) 4 members shall represent emer-
gency medical service officials; and 
‘‘(iv) 4 members shall represent 9–1– 
1 professionals. 
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‘‘(B) DIVERSITY OF MEMBERSHIP.—Mem-
bers shall be representatives of State or Tribes 
and local governments, chosen to reflect geo-
graphic and population density differences as 
well as public safety organizations at the na-
tional level across the United States. 
‘‘(C) EXPERTISE.—All members shall have 
specific expertise necessary for developing tech-
nical requirements under this section, such as 
technical expertise, and expertise related to 
public safety communications and 9–1–1 serv-
ices. 
‘‘(D) RANK AND FILE MEMBERS.—In mak-
ing the appointments required by subparagraph 
(A), the Assistant Secretary shall appoint a 
rank and file member from each of the public 
safety disciplines listed in clauses (i) through 
(iv) of subparagraph (A) as a member of the 
Board and shall select such member from an 
organization that represents its public safety 
discipline at the national level. 
‘‘(3) PERIOD OF APPOINTMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), members of the Board shall 
serve for a 3-year term. 
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‘‘(B) REMOVAL FOR CAUSE.—A member of 
the Board may be removed for cause upon the 
determination of the Assistant Secretary. 
‘‘(4) VACANCIES.—Any vacancy in the Board 
shall be filled in the same manner as the original ap-
pointment. 
‘‘(5) QUORUM.—A majority of the members of 
the Board shall constitute a quorum. 
‘‘(6) CHAIRPERSON AND VICE CHAIRPERSON.— 
The Board shall select a Chairperson and Vice 
Chairperson from among the voting members of the 
Board. 
‘‘(7) DUTY
OF
BOARD
TO
SUBMIT
REC-
OMMENDATIONS.—Not later than 120 days after all 
members of the Board are appointed under para-
graph (2), the Board shall submit to the Assistant 
Secretary recommendations for— 
‘‘(A) deploying Next Generation 9–1–1 in 
rural and urban areas; 
‘‘(B) ensuring flexibility in guidance, rules, 
and grant funding to allow for technology im-
provements; 
‘‘(C) creating efficiencies related to Next 
Generation 9–1–1, including cybersecurity and 
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the virtualization and sharing of core infra-
structure; 
‘‘(D) enabling effective coordination among 
State, local, Tribal, and territorial government 
entities to ensure that the needs of emergency 
communications centers in both rural and 
urban areas are taken into account in each im-
plementation 
plan 
required 
under 
section 
159(c)(3)(A)(iii); and 
‘‘(E) incorporating existing cybersecurity 
resources to Next Generation 9–1–1 procure-
ment and deployment. 
‘‘(8) AUTHORITY TO PROVIDE ADDITIONAL REC-
OMMENDATIONS.—Except as provided in paragraphs 
(1) and (7), the Board may provide recommenda-
tions to the Assistant Secretary only upon request of 
the Assistant Secretary. 
‘‘(9) DURATION
OF
AUTHORITY.—The Board 
shall terminate on the date on which funds made 
available to make grants under section 159(c) are no 
longer available to be expended. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as limiting the authority of the As-
sistant Secretary to seek comment from stakeholders and 
the public.’’. 
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(b) PRESERVATION OF CERTAIN DEFINITIONS.—Sec-
tion 158(d)(2) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
942(d)(2)) is amended by striking ‘‘section’’ each place it 
appears and inserting ‘‘section (except for subsection 
(e))’’. 
TITLE IV—INCUMBENT 
INFORMING CAPABILITY 
SEC. 401. INCUMBENT INFORMING CAPABILITY. 
Part B of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
921 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 120. INCUMBENT INFORMING CAPABILITY. 
‘‘(a) IN GENERAL.—The Assistant Secretary shall— 
‘‘(1) not later than 120 days after the date of 
the enactment of this section, begin to amend the 
Department of Commerce spectrum management 
document entitled ‘Manual of Regulations and Pro-
cedures for Federal Radio Frequency Management’ 
so as to incorporate an incumbent informing capa-
bility; and 
‘‘(2) not later than the date on which the total 
amount of funds required to be made available from 
the Public Safety and Secure Networks Fund under 
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section 601(c)(3) of the Spectrum Innovation Act of 
2022 is so made available, begin to implement such 
capability, including the development and testing of 
such capability. 
‘‘(b) ESTABLISHMENT OF THE INCUMBENT INFORM-
ING CAPABILITY.— 
‘‘(1) IN GENERAL.—The incumbent informing 
capability required by subsection (a) shall include a 
system to enable sharing, including time-based shar-
ing and coordination, to securely manage harmful 
interference between non-Federal users and incum-
bent Federal entities sharing a band of covered spec-
trum and between Federal entities sharing a band of 
covered spectrum. 
‘‘(2) REQUIREMENTS.—The system required by 
paragraph (1) shall contain, at a minimum, the fol-
lowing: 
‘‘(A) One or more mechanisms to allow 
non-Federal use in covered spectrum, as au-
thorized by the rules of the Commission. Such 
mechanism or mechanisms shall include inter-
faces to commercial sharing systems, as appro-
priate. 
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‘‘(B) One or more mechanisms to facilitate 
Federal-to-Federal sharing, as authorized by 
the NTIA. 
‘‘(C) One or more mechanisms to prevent, 
eliminate, or mitigate harmful interference to 
incumbent Federal entities, including one or 
more of the following functions: 
‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
‘‘(D) Dynamic coordination area analysis, 
definition, and control, if appropriate for a 
band. 
‘‘(3) COMPLIANCE WITH COMMISSION RULES.— 
The incumbent informing capability required by sub-
section (a) shall ensure that use of covered spectrum 
is in accordance with the applicable rules of the 
Commission. 
‘‘(4) INPUT
OF
INFORMATION.—Each incum-
bent Federal entity sharing a band of covered spec-
trum shall— 
‘‘(A) input into the system required by 
paragraph (1) such information as the Assist-
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ant Secretary may require, including the fre-
quency, time, and location of the use of the 
band by such Federal entity; and 
‘‘(B) to the extent practicable, input such 
information into such system on an automated 
basis. 
‘‘(5) PROTECTION
OF
CLASSIFIED
INFORMA-
TION
AND
CONTROLLED
UNCLASSIFIED
INFORMA-
TION.—The system required by paragraph (1) shall 
contain appropriate measures to protect classified 
information and controlled unclassified information, 
including any such classified information or con-
trolled unclassified information that relates to mili-
tary operations. 
‘‘(c) BRIEFING.—Not later than 1 year after the date 
on which the total amount of funds required to be made 
available from the Public Safety and Secure Networks 
Fund under section 601(c)(3) of the Spectrum Innovation 
Act of 2022 is so made available, the Assistant Secretary 
shall provide a briefing on the implementation of this sec-
tion to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate. 
‘‘(d) DEFINITIONS.—In this section: 
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