IB 
Union Calendar No. 526 
118TH CONGRESS 
2D SESSION 
H. R. 3565 
[Report No. 118–629, Part I] 
To authorize the Federal Communications Commission to use a system of 
competitive bidding to grant a license or a permit for use of electro-
magnetic spectrum and to direct proceeds from such a system of competi-
tive bidding for communications and technology initiatives, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 22, 2023 
Mrs. RODGERS of Washington (for herself and Mr. PALLONE) introduced the 
following bill; which was referred to the Committee on Energy and Com-
merce, and in addition to the Committee on Armed Services, for a period 
to be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
AUGUST 13, 2024 
Additional sponsors: Mrs. LESKO, Mr. THANEDAR, and Mr. NICKEL 
AUGUST 13, 2024 
Reported from the Committee on Energy and Commerce with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
AUGUST 13, 2024 
Committee on Armed Services discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on May 22, 2023] 
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A BILL 
To authorize the Federal Communications Commission to 
use a system of competitive bidding to grant a license 
or a permit for use of electromagnetic spectrum and 
to direct proceeds from such a system of competitive 
bidding for communications and technology initiatives, 
and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Spectrum Auction Reauthorization Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SPECTRUM INNOVATION 
Sec. 101. Spectrum auctions and innovation. 
TITLE II—SECURE AND TRUSTED COMMUNICATIONS NETWORKS 
REIMBURSEMENT PROGRAM 
Sec. 201. Increase in limitation on expenditure. 
TITLE III—NEXT GENERATION 9–1–1 
Sec. 301. Further deployment and coordination of Next Generation 9–1–1. 
TITLE IV—INCUMBENT INFORMING CAPABILITY 
Sec. 401. Incumbent informing capability. 
TITLE V—REAUTHORIZATION OF FCC AUCTION AUTHORITY 
Sec. 501. Reauthorization of FCC auction authority. 
TITLE VI—SPECTRUM AUCTION TRUST FUND 
Sec. 601. Deposit of proceeds. 
Sec. 602. Spectrum Auction Trust Fund. 
TITLE VII—CREATION OF A SPECTRUM PIPELINE 
Sec. 701. Creation of a spectrum pipeline. 
TITLE VIII—IMPROVING SPECTRUM MANAGEMENT 
Sec. 801. Improving spectrum management. 
TITLE IX—MINORITY SERVING INSTITUTIONS PROGRAM 
Sec. 901. Definitions. 
Sec. 902. Program. 
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TITLE I—SPECTRUM 
INNOVATION 
SEC. 101. SPECTRUM AUCTIONS AND INNOVATION. 
(a) 3.1–3.45 GHZ BAND.— 
(1) DEFINITIONS.—Section 90008(a) of the In-
frastructure Investment and Jobs Act (47 U.S.C. 921 
note) is amended— 
(A) by redesignating paragraph (3) as 
paragraph (4); 
(B) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3) FEDERAL ENTITY.—The term ‘Federal enti-
ty’ has the meaning given such term in section 113(l) 
of the National Telecommunications and Information 
Administration 
Organization 
Act 
(47 
U.S.C. 
923(l)).’’; and 
(C) by adding at the end the following: 
‘‘(5) RELOCATION
OR
SHARING
COSTS.—The 
term ‘relocation or sharing costs’ has the meaning 
given such term in section 113(g)(3) of the National 
Telecommunications and Information Administration 
Organization Act (47 U.S.C. 923(g)(3)). 
‘‘(6) ASSISTANT SECRETARY.—The term ‘Assist-
ant Secretary’ means the Assistant Secretary of Com-
merce for Communications and Information.’’. 
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(2) PROMOTING WIRELESS INNOVATION.—Section 
90008(b) of the Infrastructure Investment and Jobs 
Act (47 U.S.C. 921 note) is amended— 
(A) in paragraph (1)— 
(i) in subparagraph (A)(i), by striking 
‘‘for shared Federal and non-Federal com-
mercial licensed use; and’’ and inserting 
‘‘for non-Federal use, shared Federal and 
non-Federal use, or a combination thereof; 
and’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘Section’’ and in-
serting the following: 
‘‘(i) IN GENERAL.—Section’’; 
(II) in clause (i), as so des-
ignated, by striking ‘‘the payment re-
quired under subparagraph (A)’’ and 
inserting ‘‘payments made under sub-
paragraph (A) before the date of the 
enactment of the Spectrum Auction Re-
authorization Act of 2023’’; and 
(III) by adding at the end the fol-
lowing: 
‘‘(ii) ACCOUNTING
PLAN.—The Sec-
retary of Defense shall submit a report to 
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the Secretary of Commerce and the Director 
of the Office of Management and Budget not 
later than 90 days after the date of the en-
actment of the Spectrum Auction Reauthor-
ization Act of 2023, in accordance with sec-
tion 118(g)(2)(D)(i)(I) of the National Tele-
communications and Information Adminis-
tration 
Organization 
Act 
(47 
U.S.C. 
928(g)(2)(D)(i)(I)), describing the activities 
for which the Department of Defense has 
used, is using, and will use payments made 
under subparagraph (A) before the date of 
the enactment of the Spectrum Auction Re-
authorization Act of 2023. The Secretary of 
Commerce, acting through the Assistant 
Secretary, and the Director of the Office of 
Management and Budget shall continuously 
review and provide an accounting of the ac-
tivities carried out using the payments 
made under subparagraph (A).’’; 
(iii) by amending subparagraph (C) to 
read as follows: 
‘‘(C) REPORT
TO
SECRETARY
OF
COM-
MERCE.—For purposes of paragraph (2)(A), the 
Secretary of Defense, in coordination with the 
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heads of other relevant Federal agencies who re-
ceive funds under subparagraph (D) of this 
paragraph, shall, not later than September 30, 
2023, report to the Secretary of Commerce the 
findings of the planning activities described in 
subparagraph (A) of this paragraph, and detail 
frequencies in the covered band for identification 
by the Secretary of Commerce under paragraph 
(2).’’; and 
(iv) by adding at the end the following: 
‘‘(D) ADDITIONAL PAYMENTS.— 
‘‘(i) IN
GENERAL.—Federal entities 
with operations in the covered band that 
did not receive a payment under subpara-
graph (A) and that the Assistant Secretary 
determines might be affected by reallocation 
of the covered band may request a payment 
under section 118(g)(2)(A) of the National 
Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 
928(g)(2)(A)) in order to make available the 
entire covered band for non-Federal use, 
shared Federal and non-Federal use, or a 
combination thereof. Total awards under 
this clause shall not exceed $25,000,000. 
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‘‘(ii) 
EXEMPTIONS.—Subparagraphs 
(C)(ii) and (D)(ii) of section 118(g)(2) of 
the National Telecommunications and In-
formation Administration Organization Act 
(47 U.S.C. 928(g)(2)) shall not apply with 
respect to a payment made under clause (i). 
‘‘(E) COOPERATION.—The Assistant Sec-
retary and the Department of Defense Chief In-
formation Officer will serve as co-chairs of the 
Partnering to Advance Trusted and Holistic 
Spectrum Solutions (PATHSS) Task Group.’’; 
(B) by amending paragraph (2) to read as 
follows: 
‘‘(2) IDENTIFICATION.— 
‘‘(A) IN GENERAL.—Not later than June 15, 
2025, informed by the report required under 
paragraph (1)(C), the Secretary of Commerce, in 
consultation with the Secretary of Defense, the 
Director of the Office of Science and Technology 
Policy, and the Commission, shall submit to the 
President, the Commission, and the relevant con-
gressional committees a report that identifies 350 
megahertz of frequencies in the covered band for 
non-Federal use, shared Federal and non-Federal 
use, or a combination thereof. 
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‘‘(B) DETERMINATION IN CASE OF RISK TO 
NATIONAL
SECURITY.—If the Secretary of De-
fense believes reallocation of the frequencies iden-
tified by the Secretary of Commerce under sub-
paragraph (A) poses an unacceptable risk to the 
national security of the United States, the Sec-
retary of Defense shall inform the President, as 
the Commander in Chief under Article II, Sec-
tion 2 of the United States Constitution, and the 
President shall make a final determination re-
garding which frequencies could feasibly be re-
allocated for the purposes of that subpara-
graph.’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) AUCTION.— 
‘‘(A) IN GENERAL.—Not later than January 
15, 2028, the Commission, in coordination with 
the Assistant Secretary, shall commence a system 
of competitive bidding under section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)), 
in accordance with paragraph (2) of this sub-
section, of the frequencies identified under such 
paragraph as suitable for a system of competi-
tive bidding. 
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‘‘(B) PROHIBITION.—No entity that pro-
duces or provides any covered communications 
equipment or service (as defined in section 9 of 
the Secure and Trusted Communications Net-
works Act of 2019 (47 U.S.C. 1608)), or any af-
filiate (as defined in section 3 of the Commu-
nications Act of 1934 (47 U.S.C. 153)) of such 
an entity, may participate in the system of com-
petitive bidding required by subparagraph (A). 
‘‘(C) SCOPE.—The Commission may not in-
clude in the system of competitive bidding re-
quired by subparagraph (A) any frequencies that 
are not in the covered band.’’; and 
(D) by amending paragraph (4) to read as 
follows: 
‘‘(4) MODIFICATION OR WITHDRAWAL OF FED-
ERAL ENTITY LICENSES.— 
‘‘(A) IN GENERAL.—The President, acting 
through the Assistant Secretary, shall— 
‘‘(i) begin the process of modifying or 
withdrawing any assignment to a Federal 
Government station of the frequencies iden-
tified under paragraph (2) to accommodate 
non-Federal use, shared Federal and non- 
Federal use, or a combination thereof in ac-
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cordance with that paragraph not later 
than December 15, 2027; and 
‘‘(ii) not later than 30 days after com-
pleting any necessary withdrawal or modi-
fication under clause (i), notify the Com-
mission that the withdrawal or modifica-
tion is complete. 
‘‘(B) LIMITATIONS.—The President may not 
modify or withdraw any assignment to a Fed-
eral Government station as described in subpara-
graph (A)— 
‘‘(i) unless the President determines 
that such modification or withdrawal will 
not pose an unacceptable risk to the na-
tional security of the United States; and 
‘‘(ii) before November 30, 2024.’’. 
(b) FCC AUCTION AUTHORITY.— 
(1) TERMINATION.—Section 309(j)(11) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(11)) 
is amended by striking ‘‘except that’’ and all that fol-
lows and inserting ‘‘except that with respect to the 
electromagnetic spectrum identified as suitable for a 
system 
of 
competitive 
bidding 
under 
section 
90008(b)(2) of the Infrastructure Investment and Jobs 
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Act (47 U.S.C. 921 note), such authority shall expire 
on the date that is 7 years after November 15, 2021.’’. 
(2) SPECTRUM PIPELINE ACT OF 2015.—Section 
1004 of the Spectrum Pipeline Act of 2015 (Public 
Law 114–74; 129 Stat. 621; 47 U.S.C. 921 note) is 
amended— 
(A) in subsection (a), by striking ‘‘2022’’ 
and inserting ‘‘2024’’; 
(B) in subsection (b)(1), by striking ‘‘2022’’ 
and inserting ‘‘2024’’; and 
(C) in subsection (c)(1)(B), by striking 
‘‘2024’’ and inserting ‘‘2026’’. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
or the amendments made by this section shall be construed 
to alter or impede the activities authorized to be conducted 
using the payment required by section 90008(b)(1)(A) of 
the Infrastructure Investment and Jobs Act (Public Law 
117–58; 135 Stat. 1348; 47 U.S.C. 921 note), as such sec-
tion was in effect on the day before the date of the enactment 
of this Act, if the Assistant Secretary of Commerce for Com-
munications and Information determines that such activi-
ties are conducted in accordance with section 90008 of the 
Infrastructure Investment and Jobs Act, as amended by this 
section. Nothing in this subsection shall be construed to af-
fect any requirement under section 1062(b) of the National 
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Defense Authorization Act for Fiscal Year 2000 (47 U.S.C. 
921 note; Public Law 106–65). 
(d) SAVINGS CLAUSE.—Nothing in this section, or any 
amendment made by this section, shall be construed to alter 
the authorities of the Assistant Secretary of Commerce for 
Communications and Information in the spectrum manage-
ment process as provided in the National Telecommuni-
cations and Information Administration Organization Act 
(47 U.S.C. 901 et seq.). 
TITLE II—SECURE AND TRUSTED 
COMMUNICATIONS 
NET-
WORKS 
REIMBURSEMENT 
PROGRAM 
SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE. 
Section 4(k) of the Secure and Trusted Communica-
tions Networks Act of 2019 (47 U.S.C. 1603(k)) is amended 
by 
striking 
‘‘$1,900,000,000’’ 
and 
inserting 
‘‘$4,980,000,000’’. 
TITLE III—NEXT GENERATION 9– 
1–1 
SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF 
NEXT GENERATION 9–1–1. 
Part C of the National Telecommunications and Infor-
mation Administration Organization Act is amended by 
adding at the end the following: 
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‘‘SEC. 159. COORDINATION OF NEXT GENERATION 9–1–1 IM-
PLEMENTATION. 
‘‘(a) DUTIES OF ASSISTANT SECRETARY WITH RE-
SPECT TO NEXT GENERATION 9–1–1.— 
‘‘(1) IN
GENERAL.—The Assistant Secretary, 
after consulting with the Administrator, shall— 
‘‘(A) take actions, in coordination with 
State points of contact described under sub-
section (c)(3)(A)(ii) as applicable, to improve co-
ordination and communication with respect to 
the implementation of Next Generation 9–1–1; 
‘‘(B) develop, collect, and disseminate infor-
mation concerning the practices, procedures, and 
technology used in the implementation of Next 
Generation 9–1–1; 
‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired under subsection (c)(3)(A)(iii); 
‘‘(D) provide technical assistance to eligible 
entities provided a grant under subsection (c) in 
support of efforts to explore efficiencies related to 
Next Generation 9–1–1; 
‘‘(E) review and approve or disapprove ap-
plications for grants under subsection (c); and 
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‘‘(F) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(2) ANNUAL REPORTS.—Not later than October 
1, 2024, and each year thereafter until funds made 
available to make grants under subsection (c) are no 
longer available to be expended, the Assistant Sec-
retary shall submit to Congress a report on the activi-
ties conducted by the Assistant Secretary under para-
graph (1) in the year preceding the submission of the 
report. 
‘‘(3) ASSISTANCE.—The Assistant Secretary may 
seek the assistance of the Administrator in carrying 
out the duties described in subparagraphs (A) through 
(D) of paragraph (1) as the Assistant Secretary deter-
mines necessary. 
‘‘(b) ADDITIONAL DUTIES.— 
‘‘(1) MANAGEMENT PLAN.— 
‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary, after consulting with the Administrator, 
shall develop a management plan for the grant 
program established under this section, including 
by developing— 
‘‘(i) plans related to the organizational 
structure of such program; and 
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‘‘(ii) funding profiles for each fiscal 
year of the duration of such program. 
‘‘(B) SUBMISSION TO CONGRESS.—Not later 
than 180 days after the date of the enactment of 
this section, the Assistant Secretary shall— 
‘‘(i) submit the management plan de-
veloped under subparagraph (A) to— 
‘‘(I) the Committees on Commerce, 
Science, and Transportation and Ap-
propriations of the Senate; and 
‘‘(II) the Committees on Energy 
and Commerce and Appropriations of 
the House of Representatives; 
‘‘(ii) publish the management plan on 
the website of the National Telecommuni-
cations and Information Administration; 
and 
‘‘(iii) provide the management plan to 
the Administrator for the purpose of pub-
lishing the management plan on the website 
of the National Highway Traffic Safety Ad-
ministration. 
‘‘(2) MODIFICATION OF PLAN.— 
‘‘(A) MODIFICATION.—The Assistant Sec-
retary, after consulting with the Administrator, 
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may modify the management plan developed 
under paragraph (1)(A). 
‘‘(B) SUBMISSION.—Not later than 90 days 
after the plan is modified under subparagraph 
(A), the Assistant Secretary shall— 
‘‘(i) submit the modified plan to— 
‘‘(I) the Committees on Commerce, 
Science, and Transportation and Ap-
propriations of the Senate; and 
‘‘(II) the Committees on Energy 
and Commerce and Appropriations of 
the House of Representatives; 
‘‘(ii) publish the modified plan on the 
website of the National Telecommunications 
and Information Administration; and 
‘‘(iii) provide the modified plan to the 
Administrator for the purpose of publishing 
the modified plan on the website of the Na-
tional Highway Traffic and Safety Admin-
istration. 
‘‘(c) NEXT
GENERATION
9–1–1 IMPLEMENTATION 
GRANTS.— 
‘‘(1) GRANTS.—The Assistant Secretary shall 
provide grants to eligible entities for— 
‘‘(A) implementing Next Generation 9–1–1; 
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‘‘(I) 1 percent of the total grant 
award for eligible entities that are not 
Tribes; and 
‘‘(II) 2 percent of the total grant 
award for eligible entities that are 
Tribes; and 
‘‘(F) costs associated with implementing cy-
bersecurity measures at emergency communica-
tions centers or with respect to Next Generation 
9–1–1. 
‘‘(2) APPLICATION.—In providing grants under 
paragraph (1), the Assistant Secretary, after con-
sulting with the Administrator, shall require an eligi-
ble entity to submit to the Assistant Secretary an ap-
plication, at the time and in the manner determined 
by the Assistant Secretary, and containing the certifi-
cation required by paragraph (3). 
‘‘(3) COORDINATION
REQUIRED.—Each eligible 
entity shall include in the application required by 
paragraph (2) a certification that— 
‘‘(A) in the case of an eligible entity that is 
a State, the entity— 
‘‘(i) has coordinated the application 
with the emergency communications centers 
located within the jurisdiction of the entity; 
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‘‘(ii) has designated a single officer or 
governmental body to serve as the State 
point of contact to coordinate the implemen-
tation of Next Generation 9–1–1 for that 
State, except that such designation need not 
vest such officer or governmental body with 
direct legal authority to implement Next 
Generation 9–1–1 or to manage emergency 
communications operations; and 
‘‘(iii) has developed and submitted a 
plan for the coordination and implementa-
tion of Next Generation 9–1–1 that— 
‘‘(I) ensures interoperability by 
requiring the use of commonly accepted 
standards; 
‘‘(II) ensures reliability; 
‘‘(III) enables emergency commu-
nications centers to process, analyze, 
and store multimedia, data, and other 
information; 
‘‘(IV) incorporates cybersecurity 
tools, including intrusion detection and 
prevention measures; 
‘‘(V) includes strategies for coordi-
nating cybersecurity information shar-
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ing between Federal, State, Tribal, and 
local government partners; 
‘‘(VI) uses open and competitive 
request for proposal processes, includ-
ing through shared government pro-
curement vehicles, for deployment of 
Next Generation 9–1–1; 
‘‘(VII) documents how input was 
received and accounted for from rel-
evant rural and urban emergency com-
munications centers, regional authori-
ties, local authorities, and Tribal au-
thorities; 
‘‘(VIII) includes a governance 
body or bodies, either by creation of 
new, or use of existing, body or bodies, 
for the development and deployment of 
Next Generation 9–1–1 that— 
‘‘(aa) ensures full notice and 
opportunity for participation by 
relevant stakeholders; and 
‘‘(bb) consults and coordi-
nates with the State point of con-
tact required by clause (ii); 
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‘‘(IX) creates efficiencies related to 
Next Generation 9–1–1 functions, in-
cluding 
cybersecurity 
and 
the 
virtualization and sharing of infra-
structure, equipment, and services; and 
‘‘(X) utilizes an effective, competi-
tive approach to establishing authen-
tication, credentialing, secure connec-
tions, and access in deploying Next 
Generation 9–1–1, including by— 
‘‘(aa) 
requiring 
certificate 
authorities to be capable of cross- 
certification with other authori-
ties; 
‘‘(bb) avoiding risk of a sin-
gle point of failure or vulner-
ability; and 
‘‘(cc) adhering to Federal 
agency best practices such as those 
promulgated by the National In-
stitute of Standards and Tech-
nology; and 
‘‘(B) in the case of an eligible entity that is 
a Tribe, the Tribe has complied with clauses (i) 
and (iii) of subparagraph (A). 
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‘‘(4) CRITERIA.— 
‘‘(A) IN GENERAL.—Not later than 1 year 
after the date of the enactment of this section, the 
Assistant Secretary, after consulting with the 
Administrator, shall issue rules, after providing 
the public with notice and an opportunity to 
comment, prescribing the criteria for selecting el-
igible entities for grants under this subsection. 
‘‘(B) REQUIREMENTS.—The criteria shall— 
‘‘(i) include performance requirements 
and a schedule for completion of any project 
to be financed by a grant under this sub-
section; and 
‘‘(ii) specifically permit regional or 
multi-State applications for funds. 
‘‘(C) UPDATES.—The Assistant Secretary 
shall update such rules as necessary. 
‘‘(5) GRANT CERTIFICATIONS.—Each eligible en-
tity shall certify to the Assistant Secretary at the 
time of application for a grant under this subsection, 
and each eligible entity that receives such a grant 
shall certify to the Assistant Secretary annually 
thereafter during any period of time the funds from 
the grant are available to the eligible entity, that— 
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‘‘(A) beginning on the date that is 180 days 
before the date on which the application is filed, 
no portion of any 9–1–1 fee or charge imposed 
by the eligible entity (or in the case that the eli-
gible entity is not a State or Tribe, any State 
or taxing jurisdiction within which the eligible 
entity will carry out, or is carrying out, activi-
ties using grant funds) are obligated or expended 
for a purpose or function not designated under 
the rules issued pursuant to section 6(f)(3) of the 
Wireless Communications and Public Safety Act 
of 1999 (47 U.S.C. 615a–1(f)(3)) (as such rules 
are in effect on the date on which the eligible en-
tity makes the certification) as acceptable; 
‘‘(B) any funds received by the eligible enti-
ty will be used, consistent with paragraph (1), to 
support the deployment of Next Generation 9–1– 
1 that ensures reliability and interoperability, 
by requiring the use of commonly accepted 
standards; 
‘‘(C) the eligible entity (or in the case that 
the eligible entity is not a State or Tribe, any 
State or taxing jurisdiction within which the eli-
gible entity will carry out or is carrying out ac-
tivities using grant funds) has established, or has 
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committed to establish not later than 3 years fol-
lowing 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 network; 
‘‘(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 Gen-
eration 9–1–1. 
‘‘(6) CONDITION OF GRANT.—Each eligible entity 
shall agree, as a condition of receipt of a grant under 
this subsection, that if any State or taxing jurisdic-
tion within which the eligible entity will carry out 
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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 Assist-
ant Secretary. 
‘‘(7) PENALTY FOR PROVIDING FALSE INFORMA-
TION.—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 
‘‘(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. 
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‘‘(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 sec-
tion 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 assist-
ance’ means a communication, such as voice, text, 
picture, multimedia, or any other type of data that 
is sent to an emergency communications center for the 
purpose of requesting emergency assistance. 
‘‘(3) 
ADMINISTRATOR.—The 
term 
‘Adminis-
trator’ means the Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(4) 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— 
‘‘(i) developed and approved by a 
standards development organization that is 
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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, in-
cluding 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. 
‘‘(5) COST
RELATED
TO
THE
TRAINING.—The 
term ‘cost related to the training’ means— 
‘‘(A) actual wages incurred for travel and 
attendance, including any necessary overtime 
pay and backfill wage; 
‘‘(B) travel expenses; 
‘‘(C) instructor expenses; or 
‘‘(D) facility costs and training materials. 
‘‘(6) ELIGIBLE ENTITY.—The term ‘eligible enti-
ty’— 
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‘‘(A) means— 
‘‘(i) a State or a Tribe; 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). 
‘‘(7) EMERGENCY COMMUNICATIONS CENTER.— 
‘‘(A) IN
GENERAL.—The term ‘emergency 
communications center’ means— 
‘‘(i) a facility that— 
‘‘(I) is designated to receive a 9– 
1–1 request for emergency assistance; 
and 
‘‘(II) performs one or more of the 
functions described in subparagraph 
(B); or 
‘‘(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: 
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‘‘(i) Processing and analyzing 9–1–1 
requests for emergency assistance and infor-
mation and data related to such requests. 
‘‘(ii) Dispatching appropriate emer-
gency response providers. 
‘‘(iii) Transferring or exchanging 9–1– 
1 requests for emergency assistance and in-
formation and data related to such requests 
with one or more other emergency commu-
nications centers and emergency response 
providers. 
‘‘(iv) Analyzing any communications 
received from emergency response providers. 
‘‘(v) Supporting incident command 
functions. 
‘‘(8) EMERGENCY
RESPONSE
PROVIDERS.—The 
term ‘emergency response providers’ has the meaning 
given that term under section 2 of the Homeland Se-
curity Act of 2002 (6 U.S.C. 101). 
‘‘(9) FIRST RESPONDER NETWORK AUTHORITY.— 
The term ‘First Responder Network Authority’ means 
the authority established under 6204 of the Middle 
Class Tax Relief and Job Creation Act of 2012 (47 
U.S.C. 1424). 
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‘‘(10) 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 juris-
diction, equipment, device, software, service provider, 
or other relevant factors. 
‘‘(11) NATIONWIDE PUBLIC SAFETY BROADBAND 
NETWORK.—The term ‘nationwide public safety 
broadband network’ has the meaning given the term 
in section 6001 of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1401). 
‘‘(12) NEXT GENERATION 9–1–1.—The term ‘Next 
Generation 9–1–1’ means an Internet Protocol-based 
system that— 
‘‘(A) ensures interoperability; 
‘‘(B) is secure; 
‘‘(C) employs commonly accepted standards; 
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‘‘(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. 
‘‘(13) 
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 points 
where a single failure at that point would cause all 
to fail. 
‘‘(14) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Islands, 
and any other territory or possession of the United 
States. 
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‘‘(15) SUSTAINABLE FUNDING MECHANISM.—The 
term ‘sustainable funding mechanism’ means a fund-
ing mechanism that provides adequate revenues to 
cover ongoing expenses, including operations, mainte-
nance, and upgrades. 
‘‘(16) TRIBE.—The term ‘Tribe’ has the meaning 
given to the term ‘Indian Tribe’ in section 4(e) of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e)). 
‘‘SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GEN-
ERATION 9–1–1 CYBERSECURITY CENTER. 
‘‘The Assistant Secretary, after consulting with the Ad-
ministrator and the Director of the Cybersecurity and In-
frastructure Security Agency of the Department of Home-
land Security, shall establish a Next Generation 9–1–1 Cy-
bersecurity Center to coordinate with State, local, and re-
gional governments on the sharing of cybersecurity informa-
tion about, the analysis of cybersecurity threats to, and 
guidelines for strategies to detect and prevent cybersecurity 
intrusions relating to Next Generation 9–1–1. 
‘‘SEC. 161. NEXT GENERATION 9–1–1 ADVISORY BOARD. 
‘‘(a) NEXT GENERATION 9–1–1 ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—The Assistant Secretary 
shall establish a ‘Public Safety Next Generation 9–1– 
1 Advisory Board’ (in this section referred to as the 
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‘Board’) to provide recommendations to the Assistant 
Secretary— 
‘‘(A) with respect to carrying out the duties 
and responsibilities of the Assistant Secretary in 
issuing 
the 
rules 
required 
under 
section 
159(c)(4); 
‘‘(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. 
‘‘(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 
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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 pub-
lic safety communications and 9–1–1 services. 
‘‘(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 
such subparagraph as a member of the Board 
and shall select such member from an organiza-
tion 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. 
‘‘(B) REMOVAL FOR CAUSE.—A member of 
the Board may be removed for cause upon the 
determination of the Assistant Secretary. 
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‘‘(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 Chair-
person from among the voting members of the Board. 
‘‘(7) DUTY OF BOARD TO SUBMIT RECOMMENDA-
TIONS.—Not later than 120 days after all members of 
the Board are appointed under paragraph (2), the 
Board shall submit to the Assistant Secretary rec-
ommendations 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 
the virtualization and sharing of core infrastruc-
ture; 
‘‘(D) enabling effective coordination among 
State, local, Tribal, and territorial government 
entities to ensure that the needs of emergency 
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communications centers in both rural and urban 
areas are taken into account in each implemen-
tation 
plan 
required 
under 
section 
159(c)(3)(A)(iii); and 
‘‘(E) incorporating existing cybersecurity 
resources to Next Generation 9–1–1 procurement 
and deployment. 
‘‘(8) AUTHORITY TO PROVIDE ADDITIONAL REC-
OMMENDATIONS.—Except as provided in paragraphs 
(1) and (7), the Board may provide recommendations 
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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TITLE IV—INCUMBENT 
INFORMING CAPABILITY 
SEC. 401. INCUMBENT INFORMING CAPABILITY. 
(a) IN GENERAL.—Part B of the National Tele-
communications and Information Administration Organi-
zation Act is amended by adding at the end the following: 
‘‘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 Depart-
ment of Commerce spectrum management document 
entitled ‘Manual of Regulations and Procedures for 
Federal Radio Frequency Management’ so as to incor-
porate an incumbent informing capability; and 
‘‘(2) not later than 90 days after the date of the 
enactment of this section, begin to implement such ca-
pability, including the development and testing of 
such capability. 
‘‘(b) ESTABLISHMENT OF THE INCUMBENT INFORMING 
CAPABILITY.— 
‘‘(1) IN
GENERAL.—The incumbent informing 
capability required by subsection (a) shall include a 
system to enable sharing, including time-based shar-
ing and coordination, to securely manage harmful in-
terference between non-Federal users and incumbent 
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Federal entities sharing a band of covered spectrum 
and between Federal entities sharing a band of cov-
ered spectrum. 
‘‘(2) REQUIREMENTS.—The system required by 
paragraph (1) shall contain, at a minimum, the fol-
lowing: 
‘‘(A) One or more mechanisms (that shall 
include interfaces to commerce sharing systems, 
as appropriate) to allow non-Federal use in cov-
ered spectrum, as authorized by the rules of the 
Commission. 
‘‘(B) One or more mechanisms to facilitate 
Federal-to-Federal sharing, as authorized by the 
NTIA. 
‘‘(C) One or more mechanisms to prevent, 
eliminate, or mitigate harmful interference to 
and from incumbent Federal entities, including 
one or more of the following functions: 
‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
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‘‘(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 Com-
mission. 
‘‘(4) INPUT OF INFORMATION.—Each incumbent 
Federal entity sharing a band of covered spectrum 
shall— 
‘‘(A) input into the system required by 
paragraph (1) such information as the Assistant 
Secretary may require, including the frequency, 
time, and location of the use of the band by such 
Federal entity; and 
‘‘(B) to the extent practicable, input such 
information into such system on an automated 
basis. 
‘‘(5) PROTECTION OF CLASSIFIED INFORMATION 
AND CONTROLLED UNCLASSIFIED INFORMATION.— 
‘‘(A) IN GENERAL.—The system required by 
paragraph (1) shall contain appropriate meas-
ures to protect classified information and con-
trolled unclassified information, including any 
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such classified information or controlled unclas-
sified information that relates to military oper-
ations. 
‘‘(B) MECHANISM.—The Assistant Secretary 
shall develop a mechanism— 
‘‘(i) for information sharing between 
classified and unclassified databases; and 
‘‘(ii) to address issues of aggregate 
classification challenges. 
‘‘(6) CONSULTATION.— 
‘‘(A) FEDERAL
AGENCIES.—The Assistant 
Secretary shall consult with the heads of other 
relevant Federal agencies on the development, 
testing, and implementation of the incumbent in-
forming capability to ensure consideration of the 
operational and mission requirements of those 
Federal agencies. 
‘‘(B) STAKEHOLDER
FEEDBACK.—The As-
sistant Secretary shall solicit stakeholder feed-
back from Federal and non-Federal users of the 
incumbent informing capability, including on— 
‘‘(i) how best to mitigate risks to in-
cumbent Federal users and missions; 
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‘‘(ii) which mitigation measures could 
enable secondary access by non-Federal 
users to avoid operational impact; and 
‘‘(iii) a process for incumbent Federal 
users to share complaints or report harmful 
mission impact, including how the impact 
to Federal missions would be assessed. 
‘‘(c) BRIEFING.—Not later than 120 days after the 
date of the enactment of this section, and annually there-
after, the Assistant Secretary shall provide a briefing on 
the implementation and operation of the incumbent inform-
ing capability to— 
‘‘(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(2) the Committee on Energy and Commerce of 
the House of Representatives. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
SPECTRUM.—The term ‘covered 
spectrum’ means— 
‘‘(A) electromagnetic spectrum for which 
usage rights are assigned to or authorized for 
(including before the date on which the incum-
bent informing capability required by subsection 
(a) is implemented) a non-Federal user or class 
of non-Federal users for use on a shared basis 
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with an incumbent Federal entity in accordance 
with the rules of the Commission; and 
‘‘(B) electromagnetic spectrum allocated on 
a primary or co-primary basis for Federal use 
that is shared among Federal entities. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal enti-
ty’ has the meaning given such term in section 113(l). 
‘‘(3) INCUMBENT INFORMING CAPABILITY.—The 
term ‘incumbent informing capability’ means a capa-
bility to facilitate the sharing of covered spectrum. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter or expand the authority of 
the NTIA as described in section 113(j)(1).’’. 
(b) FUNDING.—On the date of the enactment of this 
Act, the Director of the Office of Management and Budget 
shall transfer $120,000,000 from the Spectrum Relocation 
Fund established under section 118 of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 928) to the National Telecommuni-
cations and Information Administration for the purpose of 
establishing the incumbent informing capability under sec-
tion 120 of such Act, as added by subsection (a). 
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TITLE V—REAUTHORIZATION OF 
FCC AUCTION AUTHORITY 
SEC. 501. REAUTHORIZATION OF FCC AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 1934 
(47 U.S.C. 309(j)(11)) is amended by striking ‘‘March 9, 
2023’’ and inserting ‘‘September 30, 2026’’. 
TITLE VI—SPECTRUM AUCTION 
TRUST FUND 
SEC. 601. DEPOSIT OF PROCEEDS. 
(a) COVERED AUCTION DEFINED.—In this title, the 
term ‘‘covered auction’’ means a system of competitive bid-
ding— 
(1) conducted under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), as 
amended by this Act, that commences during the pe-
riod beginning on the date of the enactment of this 
Act and ending on September 30, 2026; 
(2) conducted under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), as 
amended by this Act, for the band of frequencies be-
tween 3100 megahertz and 3450 megahertz, inclusive; 
or 
(3)(A) that involves a band of frequencies de-
scribed in section 113(g)(2) of the National Tele-
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communications and Information Administration Or-
ganization Act (47 U.S.C. 923(g)(2)); or 
(B) with respect to which the Federal Commu-
nications Commission shares with a licensee a por-
tion of the proceeds, as described in paragraph (8)(G) 
of such section 309(j). 
(b) DEPOSIT OF PROCEEDS.—Notwithstanding sub-
paragraphs (A), (C)(i), (D), and (G)(iii) of section 
309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)) and except as provided in subparagraph (B) of 
such section, the proceeds (including deposits and upfront 
payments from successful bidders) from any covered auction 
shall be deposited or available as follows: 
(1) In the case of proceeds attributable to eligible 
frequencies described in subsection (g)(2) of section 
113 of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
923), such amount of such proceeds as is necessary to 
cover 110 percent of the relocation or sharing costs (as 
defined in subsection (g)(3) of such section) of Federal 
entities (as defined in subsection (l) of such section) 
relocated from or sharing such eligible frequencies 
shall be deposited in the Spectrum Relocation Fund 
established under section 118 of such Act (47 U.S.C. 
928). Any remaining proceeds after making the de-
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posit described in this paragraph shall be deposited in 
accordance with section 602 of this Act. 
(2) In the case of proceeds attributable to spec-
trum usage rights made available through an incen-
tive auction under subparagraph (G) of section 
309(j)(8) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)), such amount of such proceeds as 
the Federal Communications Commission has agreed 
to share with licensees under such subparagraph shall 
be shared with such licensees. Any remaining proceeds 
after making the deposit described in this paragraph 
shall be deposited in accordance with section 602 of 
this Act. 
(3) Any remaining proceeds after carrying out 
paragraphs (1) and (2) shall be deposited in accord-
ance with section 602 of this Act. 
SEC. 602. SPECTRUM AUCTION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Spectrum Auction Trust Fund’’ (in this section referred 
to as the ‘‘Fund’’) for the purposes described in subpara-
graphs (A) through (D) of subsection (c)(1). Amounts depos-
ited in the Fund shall remain available until expended. 
(b) DEFICIT REDUCTION.— 
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(1) PROCEEDS OF REQUIRED AUCTION OF 3.1-3.45 
GHZ
BAND.—Except 
as 
provided 
in 
section 
309(j)(8)(B) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)), and notwithstanding any other 
provision of law— 
(A) the first $17,300,000,000 of the proceeds 
of systems of competitive bidding required under 
section 90008 of the Infrastructure Investment 
and Jobs Act (47 U.S.C. 921 note) shall be de-
posited in the general fund of the Treasury, 
where such proceeds shall be dedicated for the 
sole purpose of deficit reduction; and 
(B) the remainder of the proceeds of the sys-
tems of competitive bidding described in sub-
paragraph (A) shall be deposited in accordance 
with subsection (c). 
(2) PROCEEDS OF SPECTRUM PIPELINE ACT OF 
2015
AUCTION.—Except as provided in section 
309(j)(8)(B) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)), and notwithstanding any other 
provision of law— 
(A) the first $300,000,000 of the proceeds of 
the system of competitive bidding required under 
section 1004 of the Spectrum Pipeline Act of 
2015 (47 U.S.C. 921 note) shall be deposited in 
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the general fund of the Treasury, where such pro-
ceeds shall be dedicated for the sole purpose of 
deficit reduction; and 
(B) the remainder of the proceeds of the sys-
tem of competitive bidding described in subpara-
graph (A) shall be deposited in accordance with 
subsection (c). 
(3) REMAINING
PROCEEDS
OF
COVERED
AUC-
TIONS.—Except as provided in section 309(j)(8)(B) of 
the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), and notwithstanding any other provi-
sion of law, any proceeds from covered auctions con-
ducted under section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)), shall be deposited as 
follows (unless the covered auction is a system of com-
petitive bidding described in paragraph (1) or (2) of 
this subsection, in which case those proceeds shall be 
deposited in accordance with paragraph (1) or (2) of 
this subsection, as applicable): 
(A) The first $2,000,000,000 of those pro-
ceeds shall be deposited in the general fund of the 
Treasury, where such amounts shall be dedicated 
for the sole purpose of deficit reduction. 
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(B) Any remaining proceeds after carrying 
out subparagraph (A) shall be deposited in ac-
cordance with subsection (c). 
(c) DEPOSIT OF FUNDS.— 
(1) IN GENERAL.—Except as provided in sub-
section (b) and paragraph (2), and notwithstanding 
any other provision of law (except for that sub-
section), 
an 
aggregate 
total 
amount 
of 
$23,080,000,000 from covered auctions shall be depos-
ited in the Fund as follows: 
(A) 30 percent of any such amounts, but no 
more than $3,080,000,000 cumulatively, shall be 
transferred to the general fund of the Treasury to 
reimburse the amount borrowed under subsection 
(d) of this section. 
(B) 30 percent of any such amounts, but no 
more than $14,800,000,000 cumulatively, shall 
be made available to the Assistant Secretary of 
Commerce for Communications and Information 
until expended to carry out sections 159, 160, 
and 161 of the National Telecommunications 
and Information Administration Organization 
Act, as added by section 301 of this Act, except 
that not more than 4 percent of the amount 
made available by this subparagraph may be 
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used for administrative purposes (including car-
rying out such sections 160 and 161). 
(C) 30 percent of any such amounts, but no 
more than $5,000,000,000 cumulatively, shall be 
made available to the Assistant Secretary of 
Commerce for Communications and Information 
to carry out section 60401 of the Infrastructure 
Investment and Jobs Act (47 U.S.C. 1741). 
(D) 10 percent of such amounts, but no 
more than $200,000,000 cumulatively, shall be 
transferred to the general fund of the Treasury to 
reimburse the amount borrowed under subsection 
(e) of this section. 
(2) DISTRIBUTION.—If the maximum amount 
permitted under a subparagraph of paragraph (1) is 
met, whether through covered auction proceeds or ap-
propriations to the program specified in such sub-
paragraph, any remaining proceeds shall be deposited 
pro rata based on the original distribution to all sub-
paragraphs of paragraph (1) for which the maximum 
amount permitted has not been met. 
(3) DEFICIT REDUCTION.—After the amount re-
quired to be made available by paragraphs (1) and 
(2) is so made available, any remaining amounts 
shall be deposited in the general fund of the Treasury, 
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where such amounts shall be dedicated for the sole 
purpose of deficit reduction. 
(d) FCC BORROWING AUTHORITY.—The Federal Com-
munications Commission may borrow from the Treasury 
of the United States, not later than 90 days after the date 
of the enactment of this Act, an amount not to exceed 
$3,080,000,000 to carry out the Secure and Trusted Com-
munications Networks Act of 2019 (47 U.S.C. 1601 et seq.), 
provided that the Commission shall not use any funds bor-
rowed under this subsection in a manner that may result 
in outlays on or after December 31, 2032. 
(e) NTIA BORROWING AUTHORITY.—The Assistant 
Secretary of Commerce for Communications and Informa-
tion may borrow from the Treasury of the United States, 
not later than 90 days after the date of the enactment of 
this Act, an amount not to exceed $200,000,000 to carry 
out the Minority Serving Institutions Program created 
under title IX of this Act, provided that the Assistant Sec-
retary shall not use any funds borrowed under this sub-
section in a manner that may result in outlays on or after 
December 31, 2032. 
(f) REPORTING REQUIREMENT.—Not later than 2 
years after the date of the enactment of this Act, and every 
year thereafter until funds are fully expended, the agencies 
to which the funds are made available shall submit to the 
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Committee on Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on the amount trans-
ferred or made available under each subparagraph of sub-
section (c)(1). 
TITLE VII—CREATION OF A 
SPECTRUM PIPELINE 
SEC. 701. CREATION OF A SPECTRUM PIPELINE. 
(a) FEASIBILITY ASSESSMENT.— 
(1) IN GENERAL.—The Assistant Secretary shall 
complete, not later than June 15, 2025, a feasibility 
assessment of making available electromagnetic spec-
trum for non-Federal use, shared Federal and non- 
Federal use, or a combination thereof, in the bands of 
frequencies— 
(A) between 4400 and 4940 megahertz, in-
clusive; and 
(B) between 7125 and 8500 megahertz, in-
clusive. 
(2) OTHER REQUIREMENTS.—In conducting the 
feasibility assessment under paragraph (1), the As-
sistant Secretary shall— 
(A) coordinate directly with covered agen-
cies with respect to frequencies assigned to, and 
used by, those agencies in the bands described in 
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paragraph (1) and in affected adjacent or near 
adjacent bands; and 
(B) conduct each analysis in accordance 
with section 113(j) of the National Telecommuni-
cations and Information Administration Organi-
zation Act (47 U.S.C. 923(j)). 
(b) REPORT TO THE COMMISSION AND CONGRESS.— 
(1) IN GENERAL.—Not later than 30 days after 
the date on which the Assistant Secretary completes 
the feasibility assessment required under subsection 
(a)(1), the Assistant Secretary shall submit to the 
Commission and Congress a report regarding that 
analysis, including an identification of the fre-
quencies to be reallocated from Federal use to non- 
Federal use, and from Federal use to shared Federal 
and non-Federal use. 
(2) CONTENTS.—The report submitted under 
paragraph (1) shall include— 
(A) the covered agencies with which the As-
sistant Secretary coordinated regarding the fre-
quencies considered under subsection (a)(1); 
(B) the necessary steps to make the bands of 
frequencies considered under subsection (a)(1) 
available for non-Federal use, shared Federal 
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and non-Federal use, or a combination thereof, 
including— 
(i) the technical requirements necessary 
to make available bands in the frequencies 
considered under subsection (a)(1) for— 
(I) exclusive non-Federal use; and 
(II) shared Federal and non-Fed-
eral use; and 
(ii) an estimate of the cost to covered 
agencies to make available bands in the fre-
quencies considered under subsection (a)(1) 
for— 
(I) exclusive non-Federal use; and 
(II) shared Federal and non-Fed-
eral use; 
(C) an assessment of the likelihood that au-
thorizing mobile or fixed terrestrial operations in 
any of the frequencies considered under sub-
section (a)(1) would result in harmful inter-
ference to an affected Federal entity; and 
(D) an assessment of the potential impact 
that authorizing mobile or fixed terrestrial wire-
less operations, including advanced mobile serv-
ices operations, in any of the frequencies consid-
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ered under subsection (a)(1) could have on the 
mission of an affected Federal entity. 
(3) PUBLIC AVAILABILITY.—The Assistant Sec-
retary shall make the report submitted under this sub-
section publicly available. 
(4) CLASSIFIED
INFORMATION.—To the extent 
that there is classified material in the report required 
to be submitted under paragraph (1), the Assistant 
Secretary shall provide the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science and Transportation 
of the Senate a briefing on the classified components 
of the report submitted under this subsection. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to require the disclosure 
of classified information, law enforcement sensitive 
information, or other information reflecting technical, 
procedural, or policy concerns subject to protection 
under section 552 of title 5, United States Code. 
(c) DEFINITIONS.—In this section: 
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
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(3) COVERED AGENCY.—The term ‘‘covered agen-
cy’’ means any agency with operations in a band of 
frequencies described in subsection (a)(1). 
TITLE VIII—IMPROVING 
SPECTRUM MANAGEMENT 
SEC. 801. IMPROVING SPECTRUM MANAGEMENT. 
Part A of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 901 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHAIR.—The term ‘Chair’ means the Chair-
man of the Commission. 
‘‘(2) 
COMMISSION.—The 
term 
‘Commission’ 
means the Federal Communications Commission. 
‘‘(3) MEMORANDUM.—The term ‘Memorandum’ 
means the Memorandum of Understanding between 
the Commission and the NTIA (relating to increased 
coordination between Federal spectrum management 
agencies to promote the efficient use of the radio spec-
trum in the public interest), signed on August 1, 
2022, or any successor memorandum. 
‘‘(4) PPSG.—The term ‘PPSG’ means the inter-
agency advisory body that, as of the date of the enact-
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ment of this section, is known as the Policy and 
Plans Steering Group. 
‘‘(5) SPECTRUM
ACTION.—The term ‘spectrum 
action’ means any proposed action by the Commis-
sion to reallocate radio frequency spectrum that is 
anticipated to result in a system of competitive bid-
ding conducted under section 309(j) of the Commu-
nications Act of 1934 (47 U.S.C. 309(j)) or licensing 
that could potentially impact the spectrum operations 
of a Federal entity. 
‘‘(6) ASSISTANT SECRETARY.—The term ‘Assist-
ant Secretary’ means the Assistant Secretary of Com-
merce for Communications and Information. 
‘‘(b) FEDERAL COORDINATION PROCEDURES.— 
‘‘(1) NOTICE.—With respect to each spectrum ac-
tion, the Assistant Secretary shall file in the public 
record with respect to the spectrum action informa-
tion (redacted as necessary if the information is pro-
tected from disclosure for a reason described in para-
graph (3)) not later than the end of the period for 
submitting comments to the Commission in such pro-
ceeding regarding— 
‘‘(A) when the Commission provided notice 
to the Assistant Secretary regarding the spec-
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trum action, as required under the Memo-
randum; 
‘‘(B) the Federal entities that may be im-
pacted by the spectrum action; 
‘‘(C) when the Assistant Secretary provided 
notice to the Federal entities described in sub-
paragraph (B) regarding the spectrum action; 
and 
‘‘(D) a summary of the general technical or 
procedural concerns of Federal entities with the 
spectrum action. 
‘‘(2) FINAL RULE.—If the Commission promul-
gates a final rule under section 553 of title 5, United 
States Code, involving a spectrum action, the Com-
mission shall prepare, make available to the public, 
and publish in the Federal Register along with the 
final rule an interagency coordination summary that 
describes— 
‘‘(A) when the Commission provided notice 
to the Assistant Secretary regarding the spec-
trum action, as required under the Memo-
randum; 
‘‘(B) whether the Assistant Secretary raised 
technical, procedural, or policy concerns of Fed-
eral entities regarding the spectrum action; and 
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‘‘(C) how any concerns described in sub-
paragraph (B) were resolved. 
‘‘(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to require the disclosure 
of classified information, or other information reflect-
ing technical, procedural, or policy concerns that are 
exempt from disclosure under section 552 of title 5, 
United States Code (commonly known as the ‘Free-
dom of Information Act’). 
‘‘(c) FEDERAL SPECTRUM COORDINATION RESPON-
SIBILITIES.— 
‘‘(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the Assist-
ant Secretary shall establish a charter for the PPSG. 
‘‘(2) PPSG REPRESENTATIVE.— 
‘‘(A) IN GENERAL.—The head of each Fed-
eral entity that is reflected in the membership of 
the PPSG, as identified in the charter estab-
lished under paragraph (1), shall appoint a sen-
ior-level employee (or an individual occupying a 
Senior Executive Service position, as defined in 
section 3132(a) of title 5, United States Code) 
who is eligible to receive a security clearance 
that allows for access to sensitive compartmented 
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information to serve as the representative of the 
Federal entity to the PPSG. 
‘‘(B) 
SECURITY
CLEARANCE
REQUIRE-
MENT.—If an individual appointed under sub-
paragraph (A) is not eligible to receive a secu-
rity clearance described in that subparagraph— 
‘‘(i) the appointment shall be invalid; 
and 
‘‘(ii) the head of the Federal entity 
making the appointment shall appoint an-
other individual who satisfies the require-
ments of that subparagraph, including the 
requirement that the individual is eligible 
to receive such a security clearance. 
‘‘(3) DUTIES.—An individual appointed under 
paragraph (2) shall— 
‘‘(A) oversee the spectrum coordination poli-
cies and procedures of the applicable Federal en-
tity; 
‘‘(B) be responsible for timely notification 
of technical or procedural concerns of the appli-
cable Federal entity to the PPSG; and 
‘‘(C) work closely with the representative of 
the applicable Federal entity to the Interdepart-
ment Radio Advisory Committee. 
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‘‘(4) PUBLIC CONTACT.— 
‘‘(A) IN
GENERAL.—Each Federal entity 
shall list, on the website of the Federal entity, the 
name and contact information of the representa-
tive of the Federal entity to the PPSG, as ap-
pointed under paragraph (2). 
‘‘(B) NTIA RESPONSIBILITY.—The Assistant 
Secretary shall publish on the public website of 
the NTIA a complete list of the representatives to 
the PPSG appointed under paragraph (2). 
‘‘(d) COORDINATION BETWEEN FEDERAL AGENCIES 
AND THE NTIA.— 
‘‘(1) UPDATES.—Not later than 3 years after the 
date of the enactment of this section, and every 4 
years thereafter or more frequently as appropriate, 
the Commission and the NTIA shall update the 
Memorandum. 
‘‘(2) NATURE
OF
UPDATE.—In updating the 
Memorandum as required in paragraph (1), such up-
dates shall reflect changing technological, procedural, 
and policy circumstances as determined are necessary 
and appropriate by the Commission and NTIA.’’. 
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TITLE IX—MINORITY SERVING 
INSTITUTIONS PROGRAM 
SEC. 901. DEFINITIONS. 
In this title: 
(1) BROADBAND.—The term ‘‘broadband’’ means 
broadband— 
(A) having— 
(i) a speed of not less than— 
(I) 100 megabits per second for 
downloads; and 
(II) 20 megabits per second for 
uploads; and 
(ii) a latency sufficient to support rea-
sonably foreseeable, real-time, interactive 
applications; and 
(B) with respect to an eligible community, 
offered with a low-cost option that is affordable 
to low- and middle-income residents of the eligi-
ble community, including through the Affordable 
Connectivity Program established under section 
904(b) of division N of the Consolidated Appro-
priations Act, 2021 (47 U.S.C. 1752(b)) or any 
successor program, and a low-cost program 
available through a provider. 
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(2) COVERED PLANNING GRANT.—The term ‘‘cov-
ered planning grant’’ means funding made available 
to an eligible applicant for the purpose of developing 
or carrying out a local broadband plan from— 
(A) an administering entity through a 
subgrant under section 60304(c)(3)(E) of the In-
frastructure Investment and Jobs Act (47 U.S.C. 
1723(c)(3)(E)); or 
(B) an eligible entity— 
(i) carrying out pre-deployment plan-
ning activities under subparagraph (A) of 
section 60102(d)(2) of the Infrastructure In-
vestment 
and 
Jobs 
Act 
(47 
U.S.C. 
1702(d)(2)) or carrying out the administra-
tion of the grant under subparagraph (B) of 
such section; or 
(ii) carrying out planning activities 
under section 60102(e)(1)(C)(iii) of the In-
frastructure Investment and Jobs Act (47 
U.S.C. 1702(e)(1)(C)(iii)). 
(3) DIGITAL EQUITY.—The term ‘‘digital equity’’ 
has the meaning given the term in section 60302 of 
the Infrastructure Investment and Jobs Act (47 
U.S.C. 1721). 
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(4) ELIGIBLE
APPLICANT.—The term ‘‘eligible 
applicant’’ means an organization that does not re-
ceive a covered planning grant and— 
(A) is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of that Code; 
(B) has a mission that is aligned with ad-
vancing digital equity; 
(C) has relevant experience and expertise 
supporting eligible community anchor institu-
tions to engage in the planning for the expansion 
and 
adoption 
of 
reliable 
and 
affordable 
broadband and deployment of broadband, and 
the advancement of digital equity— 
(i) on campus at such institutions; and 
(ii) to low-income residents in eligible 
communities with respect to those institu-
tions; and 
(D) employs staff with expertise in the de-
velopment of broadband plans, the construction 
of internet infrastructure, or the design and de-
livery of digital equity programs, including 
through the use of contractors and consultants, 
except that the employment of such staff does not 
rely solely on outsourced contracts. 
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(5) ELIGIBLE COMMUNITY.—The term ‘‘eligible 
community’’ means a community that— 
(A) is located— 
(i) within a census tract any portion 
of which is not more than 15 miles from an 
eligible community anchor institution; and 
(ii) with respect to a Tribal College or 
University located on land held in trust by 
the United States— 
(I) not more than 15 miles from 
the Tribal College or University; or 
(II) within a maximum distance 
established by the Assistant Secretary, 
in consultation with the Secretary of 
the Interior, to ensure that the area is 
statistically comparable to other areas 
described in clause (i); and 
(B) has an estimated median annual house-
hold income of not more than 250 percent of the 
poverty line, as defined in section 673 of the 
Community Services Block Grant Act (42 U.S.C. 
9902). 
(6) ELIGIBLE
COMMUNITY
ANCHOR
INSTITU-
TION.—The term ‘‘eligible community anchor institu-
tion’’ means a historically Black college or university, 
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a Tribal College or University, or a Minority-serving 
institution. 
(7) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ has the meaning given such term in section 60102 
of the Infrastructure Investment and Jobs Act (47 
U.S.C. 1702). 
(8) HISTORICALLY BLACK COLLEGE OR UNIVER-
SITY; TRIBAL
COLLEGE
OR
UNIVERSITY; MINORITY- 
SERVING INSTITUTION.—The terms ‘‘historically Black 
college or university’’, ‘‘Tribal College or University’’, 
and ‘‘Minority-serving institution’’ have the mean-
ings given those terms in section 902(a) of title IX of 
division N of the Consolidated Appropriations Act, 
2021 (47 U.S.C. 1306(a)), and include an established 
fiduciary of such educational institution, such as an 
affiliated foundation, or a district or State system af-
filiated with such educational institution. 
(9) IMPROPER PAYMENT.—The term ‘‘improper 
payment’’ has the meaning given such term in section 
3351 of title 31, United States Code. 
(10) LOCAL BROADBAND PLAN.—The term ‘‘local 
broadband plan’’ means a plan developed pursuant to 
section 902(c). 
(11) PROGRAM.—The term ‘‘program’’ means the 
pilot program established under section 902(a). 
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(12) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
SEC. 902. PROGRAM. 
(a) ESTABLISHMENT.—The Assistant Secretary, act-
ing through the head of the Office of Minority Broadband 
Initiatives, shall use the amounts made available under sec-
tion 602(e) of this Act to establish within the National Tele-
communications and Information Administration a pro-
gram for the purposes described in subsection (c), provided 
that not more than 6 percent of the amounts used to estab-
lish the program may be used for salary, expenses, adminis-
tration, and oversight with respect to the program. 
(b) AUTHORITY.—The Assistant Secretary may use 
funding mechanisms, including grants, cooperative agree-
ments, and contracts, for the effective implementation of the 
program. 
(c) PURPOSES.—Funding made available under the 
program shall enable an eligible applicant to work with an 
eligible community anchor institution, and each eligible 
community with respect to the eligible community anchor 
institution, to develop a local broadband plan to— 
(1) identify barriers to broadband deployment 
and adoption in order to expand the availability and 
adoption of broadband at the eligible community an-
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chor institution and within each such eligible commu-
nity; 
(2) advance digital equity at the eligible commu-
nity anchor institution and within each such eligible 
community; and 
(3) help each such eligible community to prepare 
applications for funding from multiple sources, in-
cluding from— 
(A) the various programs authorized under 
the Infrastructure Investment and Jobs Act 
(Public Law 117–58; 135 Stat. 429); and 
(B) other Federal, State, and Tribal sources 
of funding for broadband deployment, affordable 
broadband internet service, or digital equity. 
(d) CONTENTS OF LOCAL BROADBAND PLAN.—A local 
broadband plan shall— 
(1) be developed in coordination with stakeholder 
representatives; and 
(2) with respect to support for infrastructure 
funding— 
(A) reflect an approach that is performance- 
based and does not favor any particular tech-
nology, provider, or type of provider; and 
(B) include— 
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(i) a description of the demographic 
profile of each applicable eligible commu-
nity; 
(ii) an assessment of the needs of each 
applicable eligible community, including 
with respect to digital literacy, workforce 
development, and device access needs; 
(iii) a summary of current (as of the 
date of the most current data published by 
the Federal Communications Commission) 
service providers operating in each applica-
ble eligible community and the broadband 
offerings and related services in each appli-
cable eligible community; 
(iv) an estimate of capital and oper-
ational expenditures for the course of action 
recommended in the local broadband plan; 
(v) a preliminary implementation 
schedule for the deployment of broadband 
required under the local broadband plan; 
and 
(vi) a summary of the potential em-
ployment, development, and revenue cre-
ation opportunities for the eligible commu-
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nity anchor institution and each applicable 
eligible community. 
(e) APPLICATION.— 
(1) IN GENERAL.—To be eligible to receive fund-
ing under the program, an eligible applicant shall 
submit to the Assistant Secretary, acting through the 
head of the Office of Minority Broadband Initiatives, 
an application containing— 
(A) the name and mailing address of the el-
igible applicant; 
(B) the name and email address of the 
point of contact for the eligible applicant; 
(C) documentation providing evidence that 
the applicant is an eligible applicant; 
(D) a summary description of the proposed 
approach that the eligible applicant will take to 
expand 
the 
availability 
and 
adoption 
of 
broadband; 
(E) an outline or sample of the proposed 
local broadband plan with respect to the funds; 
(F) a draft proposal for carrying out the 
local broadband plan with respect to the funds, 
describing with specificity how funds will be 
used; 
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(G) a summary of past performance in 
which the eligible applicant created plans simi-
lar to the local broadband plan for communities 
similar to each applicable eligible community; 
(H) a description of the approach the eligi-
ble applicant will take to engage each applicable 
eligible community and the applicable eligible 
community anchor institution and report out-
comes relating to that engagement; 
(I) a description of how the eligible appli-
cant will meet the short term and long-term 
goals described in subsection (h)(2)(A); and 
(J) a certification that the applicant is not 
a recipient of a covered planning grant. 
(2) DEADLINES.—The Assistant Secretary, act-
ing through the head of the Office of Minority 
Broadband Initiatives, shall publish a notice for the 
program not later than 60 days after the date of the 
enactment of this Act. 
(f) SELECTION CRITERIA.—When selecting an eligible 
applicant to receive funding under the program, the Assist-
ant Secretary may give preference or priority to an eligible 
applicant, the application of which, if awarded, would en-
able a greater number of eligible communities to be served. 
(g) REPORT.— 
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(1) IN GENERAL.—Not later than 540 days after 
the date of the enactment of this Act, the Assistant 
Secretary, acting through the head of the Office of Mi-
nority Broadband Initiatives, shall submit to the 
Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives a re-
port, which the Assistant Secretary, acting through 
the head of the Office of Minority Broadband Initia-
tives, shall make available to the public. 
(2) CONTENTS.—The report described in para-
graph (1) shall include, for the period covered by the 
report— 
(A) the number of eligible applicants that 
submitted applications under the program; 
(B) the number of eligible applicants that 
received funding under the program; 
(C) a summary of the funding amounts 
made available to eligible applicants under the 
program and the list of eligible community an-
chor institutions the eligible applicants propose 
to serve; 
(D) the number of eligible communities that 
ultimately received funding or financing to pro-
mote 
broadband 
adoption 
and 
to 
deploy 
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broadband in the eligible community under the 
program; 
(E) information determined necessary by 
the Assistant Secretary to measure progress to-
ward the goals described in subsection (h)(2)(A) 
and assess whether the goals described in such 
subsection are being met; and 
(F) an identification of each eligible appli-
cant that received funds through the program 
and a description of the progress each eligible 
applicant has made toward accomplishing the 
purpose of the program, as described in sub-
section (c). 
(h) PUBLIC NOTICE; REQUIREMENTS.— 
(1) PUBLIC NOTICE.—Not later than 90 days 
after the date on which the Assistant Secretary pro-
vides public notice of the program, the Assistant Sec-
retary, in consultation with the head of the Office of 
Minority Broadband Initiatives, shall issue the Notice 
of Funding Opportunity governing the program. 
(2) REQUIREMENTS.—In the notice required 
under paragraph (1), the Assistant Secretary shall— 
(A) establish short-term and long-term goals 
for eligible applicants that receive funds under 
the program; 
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(B) establish performance metrics by which 
to evaluate whether an entity has met the goals 
described in subparagraph (A); and 
(C) identify the selection criteria described 
in subsection (f) that the Assistant Secretary will 
use to award funds under the program if de-
mand for funds under the program exceeds the 
amount appropriated for carrying out the pro-
gram. 
(i) OVERSIGHT.— 
(1) AUDITS.—The Inspector General of the De-
partment of Commerce (referred to in this subsection 
as the ‘‘Inspector General’’) shall conduct an audit of 
the program in order to— 
(A) ensure that eligible applicants use funds 
awarded under the program in accordance 
with— 
(i) the requirements of this title; and 
(ii) the purposes of the program, as de-
scribed in subsection (c); and 
(B) prevent waste, fraud, abuse, and im-
proper payments. 
(2) REVOCATION OF FUNDS.—The Assistant Sec-
retary shall revoke funds awarded to an eligible ap-
plicant that is not in compliance with the require-
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ments of this section or the purposes of the program, 
as described in subsection (c). 
(3) AUDIT FINDINGS.—Each finding of waste, 
fraud, abuse, or an improper payment by the Inspec-
tor General in an audit under paragraph (1) shall 
include the following: 
(A) The name of the eligible applicant. 
(B) The amount of funding made available 
under the program to the eligible applicant. 
(C) The amount of funding determined to be 
an improper payment made to an eligible appli-
cant involved in the waste, fraud, abuse, or im-
proper payment. 
(4) NOTIFICATION
OF
AUDIT
FINDINGS.—Not 
later than 7 days after the date of a finding described 
under paragraph (3), the Inspector General shall con-
currently notify the Assistant Secretary, the Com-
mittee on Commerce, Science, and Transportation of 
the Senate, and the Committee on Energy and Com-
merce of the House of Representatives of the informa-
tion described in that paragraph. 
(5) FRAUD RISK MANAGEMENT.—In issuing rules 
under this subsection, the Assistant Secretary shall— 
(A) designate an entity within the program 
office to lead fraud risk management activities; 
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(B) ensure the entity designated under sub-
paragraph (A) has defined responsibilities and 
the necessary authority to serve its role; 
(C) conduct risk-based monitoring and eval-
uation of fraud risk management activities with 
a focus on outcome measurement; 
(D) collect and analyze data from reporting 
mechanisms and instances of detected fraud for 
real-time monitoring of fraud trends; 
(E) use the results of the monitoring, eval-
uations, and investigations to improve fraud 
prevention, detection, and response; 
(F) plan regular fraud risk assessments and 
assess risks to determine a fraud risk profile; 
(G) develop, document, and communicate 
an anti-fraud strategy, focusing on preventative 
control activities; 
(H) consider the benefits and costs of con-
trols to prevent and detect potential fraud, and 
develop a fraud response plan; and 
(I) establish collaborative relationships with 
stakeholders and create incentives to help ensure 
effective implementation of the anti-fraud strat-
egy described in subparagraph (G). 
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Union Calendar No. 526 
118TH CONGRESS 
2D SESSION 
H. R. 3565 
[Report No. 118–629, Part I] 
A BILL 
To authorize the Federal Communications Commis-
sion to use a system of competitive bidding to 
grant a license or a permit for use of electro-
magnetic spectrum and to direct proceeds from 
such a system of competitive bidding for commu-
nications and technology initiatives, and for other 
purposes. 
AUGUST 13, 2024 
Reported from the Committee on Energy and Commerce 
with an amendment 
AUGUST 13, 2024 
Committee on Armed Services discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed 
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