expended for a purpose or function not des-
ignated under the rules issued pursuant to sec-
tion 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 entity makes the cer-
tification) as acceptable; 
‘‘(B) any funds received by the eligible en-
tity will be used, consistent with paragraph (1), 
to support the deployment of Next Generation 
9–1–1 that ensures reliability and interoper-
ability, by requiring the use of commonly ac-
cepted 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 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; 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(D) the eligible entity will promote inter-
operability between emergency communications 
centers deploying Next Generation 9–1–1 and 
emergency response providers, including users 
of the nationwide public safety broadband net-
work; 
‘‘(E) the eligible entity has or will take 
steps to coordinate with adjoining States and 
Tribes to establish and maintain Next Genera-
tion 9–1–1; and 
‘‘(F) the eligible entity has developed a 
plan for public outreach and education on how 
the public can best use Next Generation 9–1– 
1 and on the capabilities and usefulness of Next 
Generation 9–1–1. 
‘‘(6) CONDITION OF GRANT.—Each eligible en-
tity shall agree, as a condition of receipt of a grant 
under this subsection, that if any State or taxing ju-
risdiction within which the eligible entity will carry 
out activities using grant funds fails to comply with 
a certification required under paragraph (5), during 
any period of time during which the funds from the 
grant are available to the eligible entity, all of the 
funds from such grant shall be returned to the As-
sistant Secretary. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 
‘‘(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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
and Public Safety Act of 1999 (47 U.S.C. 615a– 
1(f)(3)(D)). 
‘‘(2) 9–1–1 REQUEST FOR EMERGENCY ASSIST-
ANCE.—The term ‘9–1–1 request for emergency as-
sistance’ means a communication, such as voice, 
text, picture, multimedia, or any other type of data 
that is sent to an emergency communications center 
for the purpose of requesting emergency assistance. 
‘‘(3) ADMINISTRATOR.—The term ‘Adminis-
trator’ means the Administrator of the National 
Highway Traffic Safety Administration. 
‘‘(4) COMMONLY ACCEPTED STANDARDS.—The 
term ‘commonly accepted standards’ means the tech-
nical standards followed by the communications in-
dustry for network, device, and Internet Protocol 
connectivity that— 
‘‘(A) enable interoperability; and 
‘‘(B) are— 
‘‘(i) developed and approved by a 
standards development organization that is 
accredited by an American standards body 
(such as the American National Standards 
Institute) or an equivalent international 
standards body in a process— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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. 
‘‘(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 en-
tity’— 
‘‘(A) means— 
‘‘(i) a State or a Tribe; or 
‘‘(ii) an entity, including a public au-
thority, board, or commission, established 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
by one or more entities described in clause 
(i); and 
‘‘(B) does not include any entity that has 
failed to submit the certifications required 
under subsection (c)(5). 
‘‘(7) EMERGENCY COMMUNICATIONS CENTER.— 
‘‘(A) IN GENERAL.—The term ‘emergency 
communications center’ means— 
‘‘(i) a facility that— 
‘‘(I) is designated to receive a 9– 
1–1 request for emergency assistance; 
and 
‘‘(II) performs one or more of the 
functions described in subparagraph 
(B); or 
‘‘(ii) a public safety answering point, 
as defined in section 222 of the Commu-
nications Act of 1934 (47 U.S.C. 222). 
‘‘(B) FUNCTIONS DESCRIBED.—The func-
tions described in this subparagraph are the fol-
lowing: 
‘‘(i) Processing and analyzing 9–1–1 
requests for emergency assistance and in-
formation and data related to such re-
quests. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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. 
‘‘(8) EMERGENCY RESPONSE PROVIDERS.—The 
term ‘emergency response providers’ has the mean-
ing given that term under section 2 of the Homeland 
Security Act of 2002 (6 U.S.C. 101). 
‘‘(9) 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). 
‘‘(10) INTEROPERABILITY.—The term ‘inter-
operability’ means the capability of emergency com-
munications centers to receive 9–1–1 requests for 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
emergency assistance and information and data re-
lated to such requests, such as location information 
and callback numbers from a person initiating the 
request, then process and share the 9–1–1 requests 
for emergency assistance and information and data 
related to such requests with other emergency com-
munications centers and emergency response pro-
viders without the need for proprietary interfaces 
and regardless of jurisdiction, equipment, device, 
software, service provider, or other relevant factors. 
‘‘(11) 
NATIONWIDE
PUBLIC
SAFETY 
BROADBAND NETWORK.—The term ‘nationwide pub-
lic safety broadband network’ has the meaning given 
the term in section 6001 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 
1401). 
‘‘(12) NEXT
GENERATION
9–1–1.—The term 
‘Next Generation 9–1–1’ means an Internet Pro-
tocol-based system that— 
‘‘(A) ensures interoperability; 
‘‘(B) is secure; 
‘‘(C) employs commonly accepted stand-
ards; 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 Is-
lands, and any other territory or possession of the 
United States. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(15) SUSTAINABLE
FUNDING
MECHANISM.— 
The term ‘sustainable funding mechanism’ means a 
funding mechanism that provides adequate revenues 
to cover ongoing expenses, including operations, 
maintenance, and upgrades. 
‘‘(16) TRIBE.—The term ‘Tribe’ has the mean-
ing given to the term ‘Indian Tribe’ in section 4(e) 
of the Indian Self-Determination and Education As-
sistance Act (25 U.S.C. 5304(e)). 
‘‘SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GEN-
ERATION 9–1–1 CYBERSECURITY CENTER. 
‘‘The Assistant Secretary, after consulting with the 
Administrator and the Director of the Cybersecurity and 
Infrastructure Security Agency of the Department of 
Homeland Security, shall establish a Next Generation 9– 
1–1 Cybersecurity Center to coordinate with State, local, 
and regional governments on the sharing of cybersecurity 
information about, the analysis of cybersecurity threats to, 
and guidelines for strategies to detect and prevent cyberse-
curity intrusions relating to Next Generation 9–1–1. 
‘‘SEC. 161. NEXT GENERATION 9–1–1 ADVISORY BOARD. 
‘‘(a) NEXT GENERATION 9–1–1 ADVISORY BOARD.— 
‘‘(1) ESTABLISHMENT.—The Assistant Sec-
retary shall establish a ‘Public Safety Next Genera-
tion 9–1–1 Advisory Board’ (in this section referred 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
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 rules required under sec-
tion 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-
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
graphic and population density differences as 
well as public safety organizations at the na-
tional level across the United States. 
‘‘(C) EXPERTISE.—All members shall have 
specific expertise necessary for developing tech-
nical requirements under this section, such as 
technical expertise, and expertise related to 
public safety communications and 9–1–1 serv-
ices. 
‘‘(D) RANK AND FILE MEMBERS.—In mak-
ing the appointments required by subparagraph 
(A), the Assistant Secretary shall appoint a 
rank and file member from each of the public 
safety disciplines listed in clauses (i) through 
(iv) of such subparagraph as a member of the 
Board and shall select such member from an 
organization that represents its public safety 
discipline at the national level. 
‘‘(3) PERIOD OF APPOINTMENT.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), members of the Board shall 
serve for a 3-year term. 
‘‘(B) REMOVAL FOR CAUSE.—A member of 
the Board may be removed for cause upon the 
determination of the Assistant Secretary. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 
the virtualization and sharing of core infra-
structure; 
‘‘(D) enabling effective coordination among 
State, local, Tribal, and territorial government 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
entities to ensure that the needs of emergency 
communications centers in both rural and 
urban areas are taken into account in each im-
plementation 
plan 
required 
under 
section 
159(c)(3)(A)(iii); and 
‘‘(E) incorporating existing cybersecurity 
resources to Next Generation 9–1–1 procure-
ment and deployment. 
‘‘(8) AUTHORITY TO PROVIDE ADDITIONAL REC-
OMMENDATIONS.—Except as provided in paragraphs 
(1) and (7), the Board may provide recommenda-
tions to the Assistant Secretary only upon request of 
the Assistant Secretary. 
‘‘(9) DURATION
OF
AUTHORITY.—The Board 
shall terminate on the date on which funds made 
available to make grants under section 159(c) are no 
longer available to be expended. 
‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed as limiting the authority of the As-
sistant Secretary to seek comment from stakeholders and 
the public.’’. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
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 
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 90 days after the date of 
the enactment of this section, begin to implement 
such capability, including the development and test-
ing 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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
interference between non-Federal users and incum-
bent Federal entities sharing a band of covered spec-
trum and between Federal entities sharing a band of 
covered spectrum. 
‘‘(2) REQUIREMENTS.—The system required by 
paragraph (1) shall contain, at a minimum, the fol-
lowing: 
‘‘(A) One or more mechanisms (that shall 
include interfaces to commerce sharing systems, 
as appropriate) to allow non-Federal use in cov-
ered spectrum, as authorized by the rules of the 
Commission. 
‘‘(B) One or more mechanisms to facilitate 
Federal-to-Federal sharing, as authorized by 
the NTIA. 
‘‘(C) One or more mechanisms to prevent, 
eliminate, or mitigate harmful interference to 
and from incumbent Federal entities, including 
one or more of the following functions: 
‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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-
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.— 
‘‘(A) IN GENERAL.—The system required 
by paragraph (1) shall contain appropriate 
measures to protect classified information and 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(ii) which mitigation measures could 
enable secondary access by non-Federal 
users to avoid operational impact; and 
‘‘(iii) a process for incumbent Federal 
users to share complaints or report harm-
ful mission impact, including how the im-
pact to Federal missions would be as-
sessed. 
‘‘(c) BRIEFING.—Not later than 120 days after the 
date of the enactment of this section, and annually there-
after, the Assistant Secretary shall provide a briefing on 
the implementation and operation of the incumbent in-
forming capability to— 
‘‘(1) the Committee on Commerce, Science, and 
Transportation of the Senate; and 
‘‘(2) the Committee on Energy and Commerce 
of the House of Representatives. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED SPECTRUM.—The term ‘covered 
spectrum’ means— 
‘‘(A) electromagnetic spectrum for which 
usage rights are assigned to or authorized for 
(including before the date on which the incum-
bent informing capability required by subsection 
(a) is implemented) a non-Federal user or class 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
of non-Federal users for use on a shared basis 
with an incumbent Federal entity in accordance 
with the rules of the Commission; and 
‘‘(B) electromagnetic spectrum allocated 
on a primary or co-primary basis for Federal 
use that is shared among Federal entities. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal en-
tity’ has the meaning given such term in section 
113(l). 
‘‘(3) INCUMBENT
INFORMING
CAPABILITY.— 
The term ‘incumbent informing capability’ means a 
capability to facilitate the sharing of covered spec-
trum. 
‘‘(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 
section 120 of such Act, as added by subsection (a). 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
TITLE V—REAUTHORIZATION OF 
FCC AUCTION AUTHORITY 
SEC. 501. REAUTHORIZATION OF FCC AUCTION AUTHOR-
ITY. 
Section 309(j)(11) of the Communications Act of 
1934 (47 U.S.C. 309(j)(11)) is amended by striking 
‘‘March 9, 2023’’ and inserting ‘‘September 30, 2026’’. 
TITLE VI—SPECTRUM AUCTION 
TRUST FUND 
SEC. 601. DEPOSIT OF PROCEEDS. 
(a) COVERED AUCTION DEFINED.—In this title, the 
term ‘‘covered auction’’ means a system of competitive 
bidding— 
(1) conducted under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), as 
amended by this Act, that commences during the pe-
riod beginning on the date of the enactment of this 
Act and ending on December 31, 2025; 
(2) conducted under section 309(j) of the Com-
munications Act of 1934 (47 U.S.C. 309(j)), as 
amended by this Act, for the band of frequencies be-
tween 3100 megahertz and 3450 megahertz, inclu-
sive; or 
(3)(A) that involves a band of frequencies de-
scribed in section 113(g)(2) of the National Tele-
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
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 auc-
tion shall be deposited or available as follows: 
(1) In the case of proceeds attributable to eligi-
ble frequencies described in subsection (g)(2) of sec-
tion 113 of the National Telecommunications and 
Information 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 Spec-
trum Relocation Fund established under section 118 
of such Act (47 U.S.C. 928). Any remaining pro-
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
ceeds after making the deposit described in this 
paragraph shall be deposited in accordance with sec-
tion 602 of this Act. 
(2) In the case of proceeds attributable to spec-
trum usage rights made available through an incen-
tive auction under subparagraph (G) of section 
309(j)(8) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)), such amount of such proceeds as 
the Federal Communications Commission has agreed 
to share with licensees under such subparagraph 
shall be shared with such licensees. Any remaining 
proceeds after making the deposit described in this 
paragraph shall be deposited in accordance with sec-
tion 602 of this Act. 
(3) Any remaining proceeds after carrying out 
paragraphs (1) and (2) shall be deposited in accord-
ance with section 602 of this Act. 
SEC. 602. SPECTRUM AUCTION TRUST FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
‘‘Spectrum Auction Trust Fund’’ (in this section referred 
to as the ‘‘Fund’’) for the purposes described in subpara-
graphs (A) through (D) of subsection (c)(1). Amounts de-
posited in the Fund shall remain available until expended. 
(b) DEFICIT REDUCTION.— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 pro-
ceeds of systems of competitive bidding required 
under section 90008 of the Infrastructure In-
vestment and Jobs Act (47 U.S.C. 921 note) 
shall be deposited in the general fund of the 
Treasury, where such proceeds shall be dedi-
cated for the sole purpose of deficit reduction; 
and 
(B) the remainder of the proceeds of the 
systems 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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
Act of 2015 (47 U.S.C. 921 note) shall be de-
posited in the general fund of the Treasury, 
where such proceeds shall be dedicated for the 
sole purpose of deficit reduction; and 
(B) the remainder of the proceeds of the 
system of competitive bidding described in sub-
paragraph (A) shall be deposited in accordance 
with subsection (c). 
(3) REMAINING PROCEEDS OF COVERED AUC-
TIONS.—Except as provided in section 309(j)(8)(B) 
of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)(B)), and notwithstanding any other provi-
sion of law, any proceeds from covered auctions con-
ducted under section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)), shall be deposited 
as follows (unless the covered auction is a system of 
competitive bidding described in paragraph (1) or 
(2) of this subsection, in which case those proceeds 
shall be deposited in accordance with paragraph (1) 
or (2) of this subsection, as applicable): 
(A) The first $2,000,000,000 of those pro-
ceeds shall be deposited in the general fund of 
the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduc-
tion. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 de-
posited 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 Sec-
retary of Commerce for Communications and 
Information until expended to carry out sec-
tions 159, 160, and 161 of the National Tele-
communications and Information Administra-
tion Organization Act, as added by section 301 
of this Act, except that not more than 4 percent 
of the amount made available by this subpara-
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
graph may be used for administrative purposes 
(including carrying out such sections 160 and 
161). 
(C) 30 percent of any such amounts, but 
no more than $5,000,000,000 cumulatively, 
shall be made available to the Assistant Sec-
retary of Commerce for Communications and 
Information to carry out section 60401 of the 
Infrastructure Investment and Jobs Act (47 
U.S.C. 1741). 
(D) 10 percent of such amounts, but no 
more than $200,000,000 cumulatively, shall be 
transferred to the general fund of the Treasury 
to reimburse the amount borrowed under sub-
section (e) of this section. 
(2) DISTRIBUTION.—If the maximum amount 
permitted under a subparagraph of paragraph (1) is 
met, whether through covered auction proceeds or 
appropriations to the program specified in such sub-
paragraph, any remaining proceeds shall be depos-
ited pro rata based on the original distribution to all 
subparagraphs of paragraph (1) for which the max-
imum amount permitted has not been met. 
(3) DEFICIT
REDUCTION.—After the amount 
required to be made available by paragraphs (1) and 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) is so made available, any remaining amounts 
shall be deposited in the general fund of the Treas-
ury, where such amounts shall be dedicated for the 
sole purpose of deficit reduction. 
(d) FCC BORROWING AUTHORITY.—The Federal 
Communications Commission may borrow from the Treas-
ury 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 borrowed 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 cre-
ated under title IX of this Act, provided that the Assistant 
Secretary shall not use any funds borrowed under this 
subsection 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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
every year thereafter until funds are fully expended, the 
agencies to which the funds are made available shall sub-
mit to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the amount transferred or made available under each 
subparagraph of subsection (c)(1). 
TITLE VII—CREATION OF A 
SPECTRUM PIPELINE 
SEC. 701. CREATION OF A SPECTRUM PIPELINE. 
(a) FEASIBILITY ASSESSMENT.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall complete, not later than June 15, 2025, a fea-
sibility assessment of making available electro-
magnetic spectrum for non-Federal use, shared Fed-
eral and non-Federal use, or a combination thereof, 
in the bands of frequencies— 
(A) between 4400 and 4940 megahertz, in-
clusive; and 
(B) between 7125 and 8500 megahertz, in-
clusive. 
(2) OTHER REQUIREMENTS.—In conducting the 
feasibility assessment under paragraph (1), the As-
sistant Secretary shall— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) coordinate directly with covered agen-
cies with respect to frequencies assigned to, and 
used by, those agencies in the bands described 
in paragraph (1) and in affected adjacent or 
near adjacent bands; and 
(B) conduct each analysis in accordance 
with section 113(j) of the National Tele-
communications and Information Administra-
tion Organization 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 
Assistant Secretary coordinated regarding the 
frequencies considered under subsection (a)(1); 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) the necessary steps to make the bands 
of frequencies considered under subsection 
(a)(1) available for non-Federal use, shared 
Federal and non-Federal use, or a combination 
thereof, including— 
(i) the technical requirements nec-
essary to make available bands in the fre-
quencies 
considered 
under 
subsection 
(a)(1) for— 
(I) exclusive non-Federal use; 
and 
(II) shared Federal and non-Fed-
eral use; and 
(ii) an estimate of the cost to covered 
agencies to make available bands in the 
frequencies considered under subsection 
(a)(1) for— 
(I) exclusive non-Federal use; 
and 
(II) shared Federal and non-Fed-
eral use; 
(C) an assessment of the likelihood that 
authorizing mobile or fixed terrestrial oper-
ations in any of the frequencies considered 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
under subsection (a)(1) would result in harmful 
interference 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 con-
sidered 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 
subsection publicly available. 
(4) CLASSIFIED INFORMATION.—To the extent 
that there is classified material in the report re-
quired to be submitted under paragraph (1), the As-
sistant Secretary shall provide the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science and 
Transportation of the Senate a briefing on the clas-
sified components of the report submitted under this 
subsection. 
(5) RULE OF CONSTRUCTION.—Nothing in this 
subsection may be construed to require the disclo-
sure of classified information, law enforcement sen-
sitive information, or other information reflecting 
technical, procedural, or policy concerns subject to 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
protection under section 552 of title 5, United 
States Code. 
(c) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(3) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means any agency with operations in a 
band of frequencies described in subsection (a)(1). 
TITLE VIII—IMPROVING 
SPECTRUM MANAGEMENT 
SEC. 801. IMPROVING SPECTRUM MANAGEMENT. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 106. IMPROVING SPECTRUM MANAGEMENT. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) CHAIR.—The term ‘Chair’ means the 
Chairman of the Commission. 
‘‘(2) COMMISSION.—The term ‘Commission’ 
means the Federal Communications Commission. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 
spectrum in the public interest), signed on August 1, 
2022, or any successor memorandum. 
‘‘(4) PPSG.—The term ‘PPSG’ means the 
interagency advisory body that, as of the date of the 
enactment of this section, is known as the Policy 
and Plans Steering Group. 
‘‘(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 licens-
ing that could potentially impact the spectrum oper-
ations of a Federal entity. 
‘‘(6) ASSISTANT
SECRETARY.—The term ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information. 
‘‘(b) FEDERAL COORDINATION PROCEDURES.— 
‘‘(1) NOTICE.—With respect to each spectrum 
action, the Assistant Secretary shall file in the pub-
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
lic record with respect to the spectrum action infor-
mation (redacted as necessary if the information is 
protected from disclosure for a reason described in 
paragraph (3)) not later than the end of the period 
for submitting comments to the Commission in such 
proceeding regarding— 
‘‘(A) when the Commission provided notice 
to the Assistant Secretary regarding the spec-
trum action, as required under the Memo-
randum; 
‘‘(B) the Federal entities that may be im-
pacted by the spectrum action; 
‘‘(C) when the Assistant Secretary pro-
vided notice to the Federal entities described in 
subparagraph (B) regarding the spectrum ac-
tion; and 
‘‘(D) a summary of the general technical 
or procedural concerns of Federal entities with 
the spectrum action. 
‘‘(2) FINAL RULE.—If the Commission promul-
gates a final rule under section 553 of title 5, 
United States Code, involving a spectrum action, the 
Commission shall prepare, make available to the 
public, and publish in the Federal Register along 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
with the final rule an interagency coordination sum-
mary 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 Federal entities regarding the spectrum ac-
tion; and 
‘‘(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 dis-
closure of classified information, or other informa-
tion reflecting technical, procedural, or policy con-
cerns that are exempt from disclosure under section 
552 of title 5, United States Code (commonly known 
as the ‘Freedom of Information Act’). 
‘‘(c) FEDERAL SPECTRUM COORDINATION RESPON-
SIBILITIES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the As-
sistant Secretary shall establish a charter for the 
PPSG. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00059
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(2) PPSG REPRESENTATIVE.— 
‘‘(A) IN
GENERAL.—The head of each 
Federal entity that is reflected in the member-
ship of the PPSG, as identified in the charter 
established under paragraph (1), shall appoint 
a senior-level employee (or an individual occu-
pying a Senior Executive Service position, as 
defined in section 3132(a) of title 5, United 
States Code) who is eligible to receive a security 
clearance that allows for access to sensitive 
compartmented information to serve as the rep-
resentative of the Federal entity to the PPSG. 
‘‘(B) SECURITY
CLEARANCE
REQUIRE-
MENT.—If an individual appointed under sub-
paragraph (A) is not eligible to receive a secu-
rity clearance described in that subparagraph— 
‘‘(i) the appointment shall be invalid; 
and 
‘‘(ii) the head of the Federal entity 
making the appointment shall appoint an-
other individual who satisfies the require-
ments of that subparagraph, including the 
requirement that the individual is eligible 
to receive such a security clearance. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00060
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(3) DUTIES.—An individual appointed under 
paragraph (2) shall— 
‘‘(A) oversee the spectrum coordination 
policies and procedures of the applicable Fed-
eral entity; 
‘‘(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 Inter-
department Radio Advisory Committee. 
‘‘(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 rep-
resentative of the Federal entity to the PPSG, 
as appointed under paragraph (2). 
‘‘(B) NTIA RESPONSIBILITY.—The Assist-
ant Secretary shall publish on the public 
website of the NTIA a complete list of the rep-
resentatives to the PPSG appointed under 
paragraph (2). 
‘‘(d) COORDINATION BETWEEN FEDERAL AGENCIES 
AND THE NTIA.— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00061
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(1) UPDATES.—Not later than 3 years after 
the date of the enactment of this section, and every 
4 years thereafter or more frequently as appropriate, 
the Commission and the NTIA shall update the 
Memorandum. 
‘‘(2) NATURE
OF
UPDATE.—In updating the 
Memorandum as required in paragraph (1), such up-
dates shall reflect changing technological, proce-
dural, and policy circumstances as determined are 
necessary and appropriate by the Commission and 
NTIA.’’. 
TITLE IX—MINORITY SERVING 
INSTITUTIONS PROGRAM 
SEC. 901. DEFINITIONS. 
In this title: 
(1) 
BROADBAND.—The 
term 
‘‘broadband’’ 
means broadband— 
(A) having— 
(i) a speed of not less than— 
(I) 100 megabits per second for 
downloads; and 
(II) 20 megabits per second for 
uploads; and 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00062
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 Afford-
able Connectivity Program established under 
section 904(b) of division N of the Consolidated 
Appropriations Act, 2021 (47 U.S.C. 1752(b)) 
or any successor program, and a low-cost pro-
gram available through a provider. 
(2) COVERED
PLANNING
GRANT.—The term 
‘‘covered planning grant’’ means funding made avail-
able to an eligible applicant for the purpose of devel-
oping or carrying out a local broadband plan from— 
(A) an administering entity through a 
subgrant under section 60304(c)(3)(E) of the 
Infrastructure 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 
Investment and Jobs Act (47 U.S.C. 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00063
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
1702(d)(2)) or carrying out the adminis-
tration of the grant under subparagraph 
(B) of such section; or 
(ii) carrying out planning activities 
under section 60102(e)(1)(C)(iii) of the In-
frastructure Investment and Jobs Act (47 
U.S.C. 1702(e)(1)(C)(iii)). 
(3) DIGITAL EQUITY.—The term ‘‘digital eq-
uity’’ has the meaning given the term in section 
60302 of the Infrastructure Investment and Jobs 
Act (47 U.S.C. 1721). 
(4) ELIGIBLE APPLICANT.—The term ‘‘eligible 
applicant’’ means an organization that does not re-
ceive a covered planning grant and— 
(A) is described in section 501(c)(3) of the 
Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of that 
Code; 
(B) has a mission that is aligned with ad-
vancing digital equity; 
(C) has relevant experience and expertise 
supporting eligible community anchor institu-
tions to engage in the planning for the expan-
sion and adoption of reliable and affordable 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00064
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
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. 
(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— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00065
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(I) not more than 15 miles from 
the Tribal College or University; or 
(II) within a maximum distance 
established by the Assistant Secretary, 
in consultation with the Secretary of 
the Interior, to ensure that the area is 
statistically comparable to other areas 
described in clause (i); and 
(B) has an estimated median annual 
household income of not more than 250 percent 
of the poverty line, as defined in section 673 of 
the Community Services Block Grant Act (42 
U.S.C. 9902). 
(6) ELIGIBLE
COMMUNITY
ANCHOR
INSTITU-
TION.—The term ‘‘eligible community anchor insti-
tution’’ means a historically Black college or univer-
sity, a Tribal College or University, or a Minority- 
serving institution. 
(7) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ has the meaning given such term in section 
60102 of the Infrastructure Investment and Jobs 
Act (47 U.S.C. 1702). 
(8) HISTORICALLY
BLACK
COLLEGE
OR
UNI-
VERSITY; TRIBAL COLLEGE OR UNIVERSITY; MINOR-
ITY-SERVING INSTITUTION.—The terms ‘‘historically 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
Black college or university’’, ‘‘Tribal College or Uni-
versity’’, and ‘‘Minority-serving institution’’ have the 
meanings 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 es-
tablished fiduciary of such educational institution, 
such as an affiliated foundation, or a district or 
State system affiliated with such educational institu-
tion. 
(9) IMPROPER PAYMENT.—The term ‘‘improper 
payment’’ has the meaning given such term in sec-
tion 3351 of title 31, United States Code. 
(10) LOCAL
BROADBAND
PLAN.—The term 
‘‘local broadband plan’’ means a plan developed pur-
suant to section 902(c). 
(11) PROGRAM.—The term ‘‘program’’ means 
the pilot program established under section 902(a). 
(12) ASSISTANT SECRETARY.—The term ‘‘As-
sistant Secretary’’ means the Assistant Secretary of 
Commerce 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 
section 602(e) of this Act to establish within the National 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
Telecommunications and Information Administration a 
program for the purposes described in subsection (c), pro-
vided that not more than 6 percent of the amounts used 
to establish the program may be used for salary, expenses, 
administration, and oversight with respect to the program. 
(b) AUTHORITY.—The Assistant Secretary may use 
funding mechanisms, including grants, cooperative agree-
ments, and contracts, for the effective implementation of 
the program. 
(c) PURPOSES.—Funding made available under the 
program shall enable an eligible applicant to work with 
an eligible community anchor institution, and each eligible 
community with respect to the eligible community anchor 
institution, to develop a local broadband plan to— 
(1) identify barriers to broadband deployment 
and adoption in order to expand the availability and 
adoption of broadband at the eligible community an-
chor institution and within each such eligible com-
munity; 
(2) advance digital equity at the eligible com-
munity anchor institution and within each such eligi-
ble community; and 
(3) help each such eligible community to pre-
pare applications for funding from multiple sources, 
including from— 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 stake-
holder representatives; and 
(2) with respect to support for infrastructure 
funding— 
(A) reflect an approach that is perform-
ance-based and does not favor any particular 
technology, provider, or type of provider; and 
(B) include— 
(i) a description of the demographic 
profile of each applicable eligible commu-
nity; 
(ii) an assessment of the needs of 
each applicable eligible community, includ-
ing with respect to digital literacy, work-
force development, and device access needs; 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(iii) a summary of current (as of the 
date of the most current data published by 
the Federal Communications Commission) 
service providers operating in each applica-
ble eligible community and the broadband 
offerings and related services in each appli-
cable eligible community; 
(iv) an estimate of capital and oper-
ational expenditures for the course of ac-
tion recommended in the local broadband 
plan; 
(v) 
a 
preliminary 
implementation 
schedule for the deployment of broadband 
required under the local broadband plan; 
and 
(vi) a summary of the potential em-
ployment, development, and revenue cre-
ation opportunities for the eligible commu-
nity anchor institution and each applicable 
eligible community. 
(e) APPLICATION.— 
(1) IN
GENERAL.—To be eligible to receive 
funding under the program, an eligible applicant 
shall submit to the Assistant Secretary, acting 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00070
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
through the head of the Office of Minority 
Broadband Initiatives, an application containing— 
(A) the name and mailing address of the 
eligible 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; 
(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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00071
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
community anchor institution and report out-
comes relating to that engagement; 
(I) a description of how the eligible appli-
cant will meet the short-term and long-term 
goals described in subsection (h)(2)(A); and 
(J) a certification that the applicant is not 
a recipient of a covered planning grant. 
(2) DEADLINES.—The Assistant Secretary, act-
ing through the head of the Office of Minority 
Broadband Initiatives, shall publish a notice for the 
program not later than 60 days after the date of the 
enactment of this Act. 
(f) SELECTION CRITERIA.—When selecting an eligi-
ble applicant to receive funding under the program, the 
Assistant Secretary may give preference or priority to an 
eligible applicant, the application of which, if awarded, 
would enable a greater number of eligible communities to 
be served. 
(g) REPORT.— 
(1) IN
GENERAL.—Not later than 540 days 
after the date of the enactment of this Act, the As-
sistant Secretary, acting through the head of the Of-
fice of Minority Broadband Initiatives, shall submit 
to the Committee on Commerce, Science, and Trans-
portation of the Senate and the Committee on En-
VerDate Sep 11 2014 
22:37 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00072
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
ergy and Commerce of the House of Representatives 
a report, which the Assistant Secretary, acting 
through the head of the Office of Minority 
Broadband Initiatives, 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 
promote broadband adoption and to deploy 
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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00073
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(h)(2)(A) and assess whether the goals de-
scribed in such subsection are being met; and 
(F) an identification of each eligible appli-
cant that received funds through the program 
and a description of the progress each eligible 
applicant has made toward accomplishing the 
purpose of the program, as described in sub-
section (c). 
(h) PUBLIC NOTICE; REQUIREMENTS.— 
(1) PUBLIC NOTICE.—Not later than 90 days 
after the date on which the Assistant Secretary pro-
vides public notice of the program, the Assistant 
Secretary, in consultation with the head of the Of-
fice of Minority Broadband Initiatives, shall issue 
the Notice of Funding Opportunity governing the 
program. 
(2) REQUIREMENTS.—In the notice required 
under paragraph (1), the Assistant Secretary shall— 
(A) establish short-term and long-term 
goals for eligible applicants that receive funds 
under the program; 
(B) establish performance metrics by 
which to evaluate whether an entity has met the 
goals described in subparagraph (A); and 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) identify the selection criteria described 
in subsection (f) that the Assistant Secretary 
will use to award funds under the program if 
demand for funds under the program exceeds 
the amount appropriated for carrying out the 
program. 
(i) OVERSIGHT.— 
(1) AUDITS.—The Inspector General of the De-
partment of Commerce (referred to in this sub-
section 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 accord-
ance with— 
(i) the requirements of this title; and 
(ii) the purposes of the program, as 
described in subsection (c); and 
(B) prevent waste, fraud, abuse, and im-
proper payments. 
(2) REVOCATION
OF
FUNDS.—The Assistant 
Secretary shall revoke funds awarded to an eligible 
applicant that is not in compliance with the require-
ments of this section or the purposes of the pro-
gram, as described in subsection (c). 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00075
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(3) AUDIT FINDINGS.—Each finding of waste, 
fraud, abuse, or an improper payment by the Inspec-
tor General in an audit under paragraph (1) shall 
include the following: 
(A) The name of the eligible applicant. 
(B) The amount of funding made available 
under the program to the eligible applicant. 
(C) The amount of funding determined to 
be an improper payment made to an eligible ap-
plicant involved in the waste, fraud, abuse, or 
improper payment. 
(4) NOTIFICATION OF AUDIT FINDINGS.—Not 
later than 7 days after the date of a finding de-
scribed under paragraph (3), the Inspector General 
shall concurrently notify the Assistant Secretary, the 
Committee on Commerce, Science, and Transpor-
tation of the Senate, and the Committee on Energy 
and Commerce of the House of Representatives of 
the information described in that paragraph. 
(5) FRAUD
RISK
MANAGEMENT.—In issuing 
rules under this subsection, the Assistant Secretary 
shall— 
(A) designate an entity within the program 
office to lead fraud risk management activities; 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00076
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) ensure the entity designated under 
subparagraph (A) has defined responsibilities 
and the necessary authority to serve its role; 
(C) conduct risk-based monitoring and 
evaluation of fraud risk management activities 
with a focus on outcome measurement; 
(D) collect and analyze data from report-
ing 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 pro-
file; 
(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 
VerDate Sep 11 2014 
05:22 Jun 13, 2023
Jkt 039200
PO 00000
Frm 00077
Fmt 6652
Sfmt 6201
E:\BILLS\H3565.IH
H3565
pbinns on DSKJLVW7X2PROD with $$_JOB