I 
118TH CONGRESS 
1ST SESSION H. R. 3565 
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 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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(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 
following: 
‘‘(3) FEDERAL ENTITY.—The term ‘Federal en-
tity’ has the meaning given such term in section 
113(l) of the National Telecommunications and In-
formation 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 ‘As-
sistant Secretary’ means the Assistant Secretary of 
Commerce for Communications and Information.’’. 
(2) PROMOTING WIRELESS INNOVATION.—Sec-
tion 90008(b) of the Infrastructure Investment and 
Jobs Act (47 U.S.C. 921 note) is amended— 
(A) in paragraph (1)— 
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Auction Reauthorization Act of 2023, in 
accordance with section 118(g)(2)(D)(i)(I) 
of the National Telecommunications and 
Information Administration Organization 
Act (47 U.S.C. 928(g)(2)(D)(i)(I)), de-
scribing the activities for which the De-
partment of Defense has used, is using, 
and will use payments made under sub-
paragraph (A) before the date of the en-
actment of the Spectrum Auction Reau-
thorization Act of 2023. The Secretary of 
Commerce, acting through the Assistant 
Secretary, and the Director of the Office of 
Management and Budget shall continu-
ously review and provide an accounting of 
the activities carried out using the pay-
ments 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 heads of other relevant Federal agencies 
who receive funds under subparagraph (D) of 
this paragraph, shall, not later than September 
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30, 2023, report to the Secretary of Commerce 
the findings of the planning activities described 
in subparagraph (A) of this paragraph, and de-
tail frequencies in the covered band for identi-
fication by the Secretary of Commerce under 
paragraph (2).’’; and 
(iv) by adding at the end the fol-
lowing: 
‘‘(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 realloca-
tion of the covered band may request a 
payment under section 118(g)(2)(A) of the 
National Telecommunications and Infor-
mation Administration 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-Fed-
eral 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 Com-
merce, in consultation with the Secretary of De-
fense, the Director of the Office of Science and 
Technology Policy, and the Commission, shall 
submit to the President, the Commission, and 
the relevant congressional committees a report 
that identifies 350 megahertz of frequencies in 
the covered band for non-Federal use, shared 
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Federal and non-Federal use, or a combination 
thereof. 
‘‘(B) DETERMINATION IN CASE OF RISK 
TO NATIONAL SECURITY.—If the Secretary of 
Defense believes reallocation of the frequencies 
identified by the Secretary of Commerce under 
subparagraph (A) poses an unacceptable risk to 
the national security of the United States, the 
Secretary of Defense shall inform the President, 
as the Commander in Chief under Article II, 
Section 2 of the United States Constitution, 
and the President shall make a final determina-
tion regarding which frequencies could feasibly 
be reallocated for the purposes of that subpara-
graph.’’; 
(C) by amending paragraph (3) to read as 
follows: 
‘‘(3) AUCTION.— 
‘‘(A) IN GENERAL.—Not later than Janu-
ary 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 subsection, of the frequencies identi-
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fied under such paragraph as suitable for a sys-
tem of competitive bidding. 
‘‘(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 
affiliate (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 
include 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 
identified under paragraph (2) to accom-
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modate non-Federal use, shared Federal 
and non-Federal use, or a combination 
thereof in accordance 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 
Federal Government station as described in 
subparagraph (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 
follows and inserting ‘‘except that with respect to 
the electromagnetic spectrum identified as suitable 
for a system of competitive bidding under section 
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90008(b)(2) of the Infrastructure Investment and 
Jobs 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 sec-
tion or the amendments made by this section shall be con-
strued 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 section was in effect on the day before the 
date of the enactment of this Act, if the Assistant Sec-
retary of Commerce for Communications and Information 
determines that such activities are conducted in accord-
ance with section 90008 of the Infrastructure Investment 
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and Jobs Act, as amended by this section. Nothing in this 
subsection shall be construed to affect any requirement 
under section 1062(b) of the National Defense Authoriza-
tion 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 Com-
merce for Communications and Information in the spec-
trum management process as provided in the National 
Telecommunications and Information Administration Or-
ganization 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’’. 
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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 In-
formation Administration Organization Act is amended by 
adding at the end the following: 
‘‘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 
coordination and communication with respect to 
the implementation of Next Generation 9–1–1; 
‘‘(B) develop, collect, and disseminate in-
formation 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); 
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‘‘(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 
‘‘(F) oversee the use of funds provided by 
such grants in fulfilling such implementation 
plans. 
‘‘(2) ANNUAL REPORTS.—Not later than Octo-
ber 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 
Secretary shall submit to Congress a report on the 
activities conducted by the Assistant Secretary under 
paragraph (1) in the year preceding the submission 
of the report. 
‘‘(3) ASSISTANCE.—The Assistant Secretary 
may seek the assistance of the Administrator in car-
rying out the duties described in subparagraphs (A) 
through (D) of paragraph (1) as the Assistant Sec-
retary determines necessary. 
‘‘(b) ADDITIONAL DUTIES.— 
‘‘(1) MANAGEMENT PLAN.— 
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‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary, after consulting with the Administrator, 
shall develop a management plan for the grant 
program established under this section, includ-
ing by developing— 
‘‘(i) plans related to the organiza-
tional structure of such program; and 
‘‘(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 enact-
ment of this section, the Assistant Secretary 
shall— 
‘‘(i) submit the management plan de-
veloped under subparagraph (A) to— 
‘‘(I) the Committees on Com-
merce, Science, and Transportation 
and Appropriations 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 
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‘‘(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 Administration. 
‘‘(2) MODIFICATION OF PLAN.— 
‘‘(A) MODIFICATION.—The Assistant Sec-
retary, after consulting with the Administrator, 
may modify the management plan developed 
under paragraph (1)(A). 
‘‘(B) SUBMISSION.—Not later than 90 
days after the plan is modified under subpara-
graph (A), the Assistant Secretary shall— 
‘‘(i) submit the modified plan to— 
‘‘(I) the Committees on Com-
merce, Science, and Transportation 
and Appropriations 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 Telecommuni-
cations and Information Administration; 
and 
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‘‘(E) administrative costs associated with 
planning of Next Generation 9–1–1, including 
any cost related to planning for and preparing 
an application and related materials as required 
by this subsection, if— 
‘‘(i) the cost is fully documented in 
materials submitted to the Assistant Sec-
retary; and 
‘‘(ii) the cost is reasonable, necessary, 
and does not exceed— 
‘‘(I) 1 percent of the total grant 
award for eligible entities that are not 
Tribes; and 
‘‘(II) 2 percent of the total grant 
award for eligible entities that are 
Tribes; 
‘‘(F) costs associated with implementing 
cybersecurity measures at emergency commu-
nications centers or with respect to Next Gen-
eration 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 
application, at the time and in the manner deter-
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mined by the Assistant Secretary, and containing 
the certification 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 cen-
ters located within the jurisdiction of the 
entity; 
‘‘(ii) has designated a single officer or 
governmental body to serve as the State 
point of contact to coordinate the imple-
mentation 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 imple-
ment 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— 
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‘‘(I) ensures interoperability by 
requiring the use of commonly accept-
ed 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 co-
ordinating cybersecurity information 
sharing between Federal, State, Trib-
al, 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 
communications centers, regional au-
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thorities, local authorities, and Tribal 
authorities; 
‘‘(VIII) includes a governance 
body or bodies, either by creation of 
new, or use of existing, body or bod-
ies, for the development and deploy-
ment 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); 
‘‘(IX) creates efficiencies related 
to Next Generation 9–1–1 functions, 
including 
cybersecurity 
and 
the 
virtualization and sharing of infra-
structure, equipment, and services; 
and 
‘‘(X) utilizes an effective, com-
petitive approach to establishing au-
thentication, credentialing, secure con-
nections, and access in deploying Next 
Generation 9–1–1, including by— 
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‘‘(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 Na-
tional Institute of Standards and 
Technology; 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). 
‘‘(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 pro-
viding the public with notice and an opportunity 
to comment, prescribing the criteria for select-
ing eligible entities for grants under this sub-
section. 
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‘‘(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 subsection; 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 
entity 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— 
‘‘(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 im-
posed by 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, 
activities using grant funds) are obligated or 
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