Spectrum and National Security Act of 2024

(1) electromagnetic spectrum is a scarce, valuable resource that fuels the technological leadership of the United States globally, which supports the national security and critical operations of the United States;

(2) because spectrum is a finite and limited resource, the United States must invest in advanced spectrum technologies, such as dynamic spectrum sharing, to make the best use of spectrum to promote private sector innovation, and protect and further the mission of Federal agencies;

(3) to retain the global technology leadership of the United States, the United States must have an accurate assessment of the current and future demand for spectrum, and the tools to meet that demand;

(4) ensuring a clear and fair process for Federal agencies to assess how to meet the demand for spectrum and reauthorizing the spectrum auction authority of the Commission will provide the tools described in paragraph (3);

(5) as agreed to by both the Department of Defense and the National Telecommunications and Information Administration in the National Spectrum Strategy, an assessment of future spectrum demand, the promotion of research and development on dynamic spectrum sharing and other new and emerging spectrum technologies, and support for a workforce to support an advanced spectrum ecosystem are critical for expanding the overall capacity, usability, and efficiency of spectrum to enhance the competitiveness and national security of the United States; and

(6) a unified, forward-looking domestic spectrum policy is vital for enabling the United States to advocate effectively for its interests on the global stage, including at the International Telecommunication Union, against the competing spectrum policies advanced by foreign adversaries.

The term Commission means the Federal Communications Commission.

The term dynamic spectrum sharing means a technique that enables multiple electromagnetic spectrum users to operate on the same frequencies in the same geographic area without causing harmful interference to other users by using capabilities that can adjust and optimize electromagnetic spectrum usage in real time or near-real time, consistent with defined regulations and policies for a particular spectrum band.

The term Spectrum Advisory Council has the meaning given the term in section 106(a) of the National Telecommunications and Information Administration Organization Act, as added by section 201 of this Act.

The term Under Secretary means the Under Secretary of Commerce for Communications and Information, as so designated by the amendment made by section 202(a).

In this section, the term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).

Not later than 18 months after the date of enactment of this Act, the Under Secretary shall establish, or coordinate with other Federal entities to establish or identify, a national testbed for dynamic spectrum sharing that—

(A) enables the identification of bands of Federal and non-Federal spectrum that can be accessed on a short-term basis for experimentation;

(B) considers specific areas for testing and measurement to improve future study efforts across spectrum bands, including researching and developing solutions that can be applied across a range of spectrum bands;

(C) is focused on developing technologically neutral approaches;

(D) enables Federal entities to work cooperatively with non-Federal entities, including industry entities, academic institutions, and research organizations, to objectively examine new technologies to improve spectrum management; and

(E) minimizes duplication of effort by synchronizing, to the extent practicable, with other relevant research and engineering activities underway across the Federal Government in areas including artificial intelligence, machine learning, zero-trust networks, data-source management, autonomy and autonomous systems, and advanced radar technologies.

The Under Secretary may use the funding provided under section 602(c)(1)(E) of this Act to establish the national testbed for dynamic spectrum sharing under paragraph (1).

The Office of Science and Technology Policy, in coordination with each member agency of the Spectrum Advisory Council, shall develop a National Spectrum Research and Development Plan that—

(1) identifies the key innovation areas for spectrum research and development, including dynamic spectrum sharing, artificial intelligence and machine learning techniques, and other emerging technologies for improving spectrum efficiency and innovation;

(2) establishes a process to refine and enhance the innovation areas identified under paragraph (1) on an ongoing basis;

(3) considers recommendations developed through the collaborative framework established under subsection (d)(1); and

(4) will encourage Federal entities to conduct spectrum-related testing and research in cooperation with the Institute for Telecommunication Sciences of the National Telecommunications and Information Administration.

The Under Secretary, in coordination with the Commission, as appropriate, shall establish a collaborative framework for coordination, technical exchange, and information sharing between Federal entities and non-Federal entities for purposes of short-term and long-term spectrum planning and management.

The collaborative framework established under paragraph (1) shall consider—

(A) leveraging Federal and non-Federal advisory groups that advise the Federal Government on spectrum planning or management, as appropriate;

(B) identifying new advisory groups that could be established to aid long-term spectrum planning;

(C) defining the interactions among the groups described in subparagraphs (A) and (B), including their roles and responsibilities and desired outputs;

(D) adhering to applicable interagency memoranda of understanding on spectrum planning or management;

(E) engaging with a variety of stakeholders, including unserved and historically underserved populations, Tribal Nations, and the Native Hawaiian community; and

(F) establishing a standardized submission process for Federal entities and non-Federal entities to provide information, on an ongoing basis, regarding their current and projected future spectrum needs.

The Under Secretary shall use the collaborative framework established under paragraph (1) to develop best practices for conducting technical and economic analyses that are—

(A) data-driven;

(B) science-based;

(C) peer-reviewed; and

(D) publicly available in an easily accessible electronic format, to the extent practicable, with appropriate redactions for classified information, or other information reflecting technical, procedural, or policy concerns that are exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).

The Under Secretary shall help promote the development of advanced spectrum-sharing technologies, including dynamic spectrum sharing, by identifying, in coordination with the Commission—

(1) incentives for non-Federal development and use of such technologies; and

(2) mechanisms to incentivize non-Federal users to adopt such technologies.

Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following:

The Under Secretary shall—

(1) not later than 120 days after the date of enactment of this section, begin to amend the Department of Commerce spectrum management document entitled Manual of Regulations and Procedures for Federal Radio Frequency Management so as to incorporate an incumbent informing capability; and

(2) not later than 90 days after the date of enactment of this section, begin to implement such capability, including initiating the development and testing of such capability.

The incumbent informing capability required by subsection (a) shall include a system to enable sharing, including time-based sharing and coordination, to securely manage spectrum access to mitigate the risk of harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum.

The system required by paragraph (1) shall contain, at a minimum, the following:

(A) One or more mechanisms (that shall include interfaces to commerce sharing systems, as appropriate) to allow non-Federal use in covered 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.

(D) Dynamic coordination area analysis, definition, and control, if appropriate for a band.

The incumbent informing capability required by subsection (a) shall ensure that use of covered spectrum is in accordance with the applicable rules of the Commission.

Each incumbent Federal entity sharing a band of covered spectrum shall—

(A) input into the system required by paragraph (1) such information as the Under Secretary may require, including the frequency, time, and location of the use of the band by the Federal entity; and

(B) to the extent practicable, input the information into the system on an automated basis.

The system required by paragraph (1) shall contain appropriate measures to protect classified information and controlled unclassified information, including any such classified information or controlled unclassified information that relates to Federal operations.

The Under Secretary shall develop a mechanism—

(i) for information sharing between classified and unclassified databases; and

(ii) to address issues of aggregate classification challenges.

The Under Secretary shall consult with the heads of other relevant Federal agencies on the development, testing, and implementation of the incumbent informing capability to ensure consideration of the operational and mission requirements of those Federal agencies.

The Under Secretary shall solicit stakeholder feedback from Federal and non-Federal users of the incumbent informing capability, including on—

(i) how best to mitigate risks to incumbent Federal users and missions;

(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 interference and mission impact, including how the impact to Federal missions would be assessed.

Not later than December 16, 2024, and annually thereafter, the Under Secretary shall provide a briefing on the implementation and operation of the incumbent informing 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.

Nothing in this section shall be construed to alter or expand the authority of the NTIA as described in section 113(j)(1).

In this section:

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 incumbent informing capability required by subsection (a) is implemented) a non-Federal user or class 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.

The term Federal entity has the meaning given the term in section 113(l).

The term incumbent informing capability means a capability to facilitate the sharing of covered spectrum.

On the date of 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 Telecommunications and Information Administration Organization Act (47 U.S.C. 928) to the National Telecommunications and Information Administration for the purpose of establishing the incumbent informing capability under section 120 of that Act, as added by subsection (a).

Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the end the following:

In this section:

The term Chair means the Chair of the Commission.

The term Commission means the Federal Communications Commission.

The term Memorandum means the Memorandum of Understanding between the Commission and the National Telecommunications and Information Administration (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.

The term spectrum action means any proposed action by the Commission to reallocate radio frequency spectrum that—

(A) is anticipated to result in—

(i) a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)); or

(ii) some other form of licensing; and

(B) could potentially impact the spectrum operations of a Federal entity.

The term Spectrum Advisory Council means the interagency advisory body established under the memorandum of the President entitled Memorandum on Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy, issued on November 13, 2023, or any successor interagency advisory body.

The Under Secretary shall—

(A) ensure, in coordination with the Spectrum Advisory Council and, as appropriate, the Interdepartment Radio Advisory Committee, that the views of the executive branch on spectrum matters are properly—

(i) developed;

(ii) documented; and

(iii) presented, as necessary, to the Commission and, as appropriate and in coordination with the Director of the Office of Management and Budget, to Congress, as required by sections 102(b)(6) and 103(b)(2)(J);

(B) adhere to the terms of the Memorandum;

(C) solicit views of affected Federal entities and provide those Federal entities with sufficient time and procedures to present their views and supporting technical information to the NTIA;

(D) provide affected Federal entities with timely written feedback explaining why and how their views will be taken into account in the position that the NTIA communicates to the Commission;

(E) facilitate the presentation by affected Federal entities of classified or otherwise sensitive views to the Commission;

(F) develop the position of the executive branch on issues related to spectrum, including any supporting technical and operational information to facilitate decision-making by the Commission;

(G) provide the position described in subparagraph (F) to the Commission; and

(H) provide the position described in subparagraph (F) within the applicable timelines established by the Commission or, as needed, request additional time from the Commission.

If a Federal entity and the Under Secretary are unable to reach consensus on the views concerning Federal spectrum matters to be presented to the Commission, the Under Secretary shall—

(A) notify the Commission of the lack of consensus and the anticipated next steps and timing to resolve the dispute;

(B) request the joint assistance of the Secretary and the head of the Federal entity objecting to the proposed submission to the Commission to find a mutually agreeable resolution; and

(C) keep the Commission informed, as appropriate, regarding anticipated next steps and the timing of resolution.

If a Federal entity and the Under Secretary are unable to reach a mutually agreeable resolution under the process under paragraph (2)—

(A) not later than 90 days after completing the process, the Under Secretary or the Federal entity may submit the dispute to the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy;

(B) the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy, in consultation with the Director of the Office and Technology Policy and, if appropriate, the National Space Council, shall resolve the dispute through the interagency process described in the national security memorandum of the President entitled Memorandum on Renewing the National Security Council System, issued on February 4, 2021; and

(C) the Under Secretary shall advise the Commission on the executive branch position following the adjudication and decision under the process described in this paragraph.

If the Commission takes a spectrum action to make spectrum available for non-Federal use and an affected Federal entity has knowledge, unforeseen before the Commission took the spectrum action, that the non-Federal use is causing or potentially will cause harmful interference to existing Federal operations or non-Federal operations that are regulated by the Federal entity—

(A) not later than 45 days after the date on which the affected Federal entity learns of the unforeseen risk of harmful interference, the Federal entity may formally request that the Under Secretary address the issue with the Commission for an appropriate remedy, which request shall—

(i) clearly indicate the manner in which the public interest will be implicated or harmed or in which the mission of the Federal entity will be adversely affected;

(ii) present evidence to the Under Secretary that the non-Federal use is causing or potentially will cause harmful interference or potential harm to the public interest, including any technical or scientific data that supports that position; and

(iii) explain why the Federal entity cannot take steps to ensure mission continuity that are consistent with the spectrum action of the Commission;

(B) if the Under Secretary believes that the affected Federal entity has produced sufficient evidence under subparagraph (A) that the non-Federal use will risk harmful interference that cannot be reasonably mitigated without Commission action, the Under Secretary, not later than 60 days after receiving the request from the Federal entity, shall address the Commission under established processes under the Memorandum and, as applicable, the Practice and Procedure of the Commission under part 1 of title 47, Code of Federal Regulations, or any successor regulations, for seeking appropriate relief; and

(C) if the Under Secretary concludes that there is not sufficient evidence to seek relief from the Commission, the affected Federal entity may follow the processes established under paragraphs (2) and (3) of this subsection.

Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that are exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act).

Not later than 90 days after the date of enactment of this section, the Under Secretary shall establish a charter for the Spectrum Advisory Council.

The head of each Federal entity that is reflected in the membership of the Spectrum Advisory Council, as identified in the charter established under paragraph (1), shall appoint a senior-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 information to serve as the representative of the Federal entity to the Spectrum Advisory Council.

If an individual appointed under subparagraph (A) is not eligible to receive a security clearance described in that subparagraph—

(i) the appointment shall be invalid; and

(ii) the head of the Federal entity making the appointment shall appoint another individual who satisfies the requirements of that subparagraph, including the requirement that the individual is eligible to receive such a security clearance.

An individual appointed under paragraph (2) shall—

(A) oversee the spectrum coordination policies and procedures of the applicable Federal entity;

(B) be responsible for timely notification of technical or procedural concerns of the applicable Federal entity to the Spectrum Advisory Council;

(C) work closely with the representative of the applicable Federal entity to the Interdepartment Radio Advisory Committee;

(D) respond to a request from the NTIA for, and to the extent feasible, share with the NTIA, any technical and operational information needed to facilitate spectrum coordination not later than—

(i) the applicable reasonable deadline established by the NTIA, at the discretion of the NTIA, pursuant to section IV(3) of the Memorandum, or any successor provision; or

(ii) 45 days after the date of the request, in the case of a request to which clause (i) does not apply;

(E) furnish the NTIA with all relevant information to be considered for filing with the Commission;

(F) coordinate with the NTIA on a significant regulatory action to be taken by the applicable Federal entity pursuant to its regulatory authority directly relating to spectrum before the Federal entity submits the regulatory action to the Office of Information and Regulatory Affairs in accordance with Executive Order 12866 (5 U.S.C. 601 note; relating to regulatory planning and review); and

(G) collaborate with the NTIA on spectrum planning.

Not later than 3 years after the date of enactment of this section, and every 4 years thereafter (or more frequently, as appropriate), the Commission and the NTIA shall reassess the Memorandum and, based on such a reassessment, update the Memorandum, as necessary.

Any update to the Memorandum under paragraph (1) shall reflect changing technological, procedural, and policy circumstances, as determined necessary and appropriate by the Commission and the NTIA.

Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chair and the Under Secretary shall submit to Congress a report on joint spectrum planning activities conducted by the Chair and the Under Secretary under this section.

A Federal entity shall coordinate and reach agreement with the NTIA before carrying out any electromagnetic compatibility study or testing plan that the Federal entity seeks to be considered in formulating the views of the executive branch regarding spectrum regulatory matters.

Not later than May 14, 2025, the Under Secretary, in coordination with the Spectrum Advisory Council, shall publish a report that identifies—

(1) spectrum management principles and methods to guide the Federal Government in spectrum studies and science;

(2) coordination guidelines for spectrum studies; and

(3) processes for determining types of studies, criteria, assumptions, and timelines that shall be acceptable in decision-making involving the use of Federal spectrum and the use of non-Federal spectrum by Federal entities.

Section 103(a)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)(2)) is amended by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information.

Subchapter II of chapter 53 of title 5, United States Code, is amended—

(1) in section 5314, by striking and Under Secretary of Commerce for Minority Business Development and inserting Under Secretary of Commerce for Minority Business Development, and Under Secretary of Commerce for Communications and Information; and

(2) in section 5315, by striking (11) after Assistant Secretaries of Commerce and inserting (10).

Section 103(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)), as amended by subsection (a) of this section, is amended by adding at the end the following:

The Deputy Under Secretary of Commerce for Communications and Information shall—

(A) be the principal policy advisor of the Under Secretary;

(B) perform such other functions as the Under Secretary shall from time to time assign or delegate; and

(C) act as Under Secretary during the absence or disability of the Under Secretary or in the event of a vacancy in the office of the Under Secretary.

Section 106(c) of the Public Telecommunications Financing Act of 1978 (5 U.S.C. 5316 note; Public Law 95–567) is amended by striking The position of Deputy Assistant Secretary of Commerce for Communications and Information, established in Department of Commerce Organization Order Numbered 10–10 (effective March 26, 1978), and inserting The position of Deputy Under Secretary of Commerce for Communications and Information, established under section 103(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)),.

Section 344(d)(2) of the Communications Act of 1934 (as added by section 60602(a) of the Infrastructure Investment and Jobs Act (Public Law 117–58)) is amended by striking Assistant Secretary and inserting Under Secretary.

The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 1805(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information.

Section 6212 of the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb–6) is amended—

(A) in subsection (d)(1), in the heading, by striking assistant secretary and inserting under secretary; and

(B) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 303 of the REAL ID Act of 2005 (8 U.S.C. 1721 note; Public Law 109–13) is repealed.

Section 214 of the Broadband Data Improvement Act (15 U.S.C. 6554) is amended—

(A) in subsection (a), in the matter preceding paragraph (1), by striking Assistant Secretary and inserting Under Secretary;

(B) by striking subsection (b); and

(C) by redesignating subsection (c) as subsection (b).

Section 103(c) of the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7003(c)) is amended—

(A) by striking Exceptions and all that follows through Determinations.—If and inserting Exceptions.—If; and

(B) by striking such exceptions and inserting of the exceptions in subsections (a) and (b).

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

(A) in subsection (a)(1)(C), in the matter preceding clause (i), by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information; and

(B) in subsection (g), by striking paragraph (5).

Section 2(b) of the Unlocking Consumer Choice and Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113–144) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information.

Section 2201(d) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C. 247d–3a note; Public Law 110–53) is repealed.

Section 625(a)(1) of the Communications Satellite Act of 1962 (47 U.S.C. 763d(a)(1)) is amended, in the matter preceding subparagraph (A), by striking Assistant Secretary and inserting Under Secretary of Commerce.

The Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114–74) is amended—

(A) in section 1002(1), in the heading, by striking assistant secretary and inserting under secretary; and

(B) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 606 of the Warning, Alert, and Response Network Act (47 U.S.C. 1205) is amended—

(A) in subsection (b), in the first sentence, by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information; and

(B) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 6001 of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401 et seq.) is amended—

(A) in section 6001 (47 U.S.C. 1401)—

(i) by striking paragraph (4);

(ii) by redesignating paragraphs (5) through (31) as paragraphs (4) through (30), respectively; and

(iii) by inserting after paragraph (30), as so redesignated, the following:

The term Under Secretary means the Under Secretary of Commerce for Communications and Information.

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

(i) in section 6406 (47 U.S.C. 1453)—

(I) by striking subsections (b) and (c); and

(II) by inserting after subsection (a) the following:; and

In this section, the term 5350 – 5470 MHz band means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz.

(ii) by striking section 6408; and

(C) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

The RAY BAUM’S Act of 2018 (division P of Public Law 115–141; 132 Stat. 348) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 8 of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607) is amended—

(A) in subsection (c)(1), in the heading, by striking assistant secretary and inserting under secretary; and

(B) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

Section 50112(3) of title 51, United States Code, is amended, in the matter preceding subparagraph (A), by striking Assistant Secretary each place the term appears and inserting Under Secretary.

The Consolidated Appropriations Act, 2021 (Public Law 116–260; 134 Stat. 1182) is amended—

(A) in title IX of division N—

(i) in section 902(a)(2) (47 U.S.C. 1306(a)(2)), in the heading, by striking assistant secretary and inserting under secretary;

(ii) in section 905 (47 U.S.C. 1705)—

(I) in subsection (a)(1), in the heading, by striking assistant secretary and inserting under secretary;

(II) in subsection (c)(3)(B), in the heading, by striking assistant secretary and inserting under secretary; and

(III) in subsection (d)(2)(B), in the heading, by striking assistant secretary and inserting under secretary; and

(iii) by striking Assistant Secretary each place the term appears and inserting Under Secretary; and

(B) in title IX of division FF—

(i) in section 903(g)(2), in the heading, by striking assistant secretary and inserting under secretary; and

(ii) by striking Assistant Secretary each place the term appears and inserting Under Secretary.

The Infrastructure Investment and Jobs Act (Public Law 117–58; 135 Stat. 429) is amended—

(A) in section 27003, by striking Assistant Secretary each place the term appears and inserting Under Secretary;

(B) in division F—

(i) in section 60102 (47 U.S.C. 1702)—

(I) in subsection (a)(2)(A), by striking assistant secretary and inserting under secretary;

(II) in subsection (d)(1), by striking assistant secretary and inserting under secretary; and

(III) in subsection (h)—

(aa) in paragraph (1)(B), by striking assistant secretary and inserting under secretary; and

(bb) in paragraph (5)(B)(iii), by striking assistant secretary and inserting under secretary;

(ii) in title III—

(I) in section 60302(5) (47 U.S.C. 1721(5)), by striking assistant secretary and inserting under secretary; and

(II) in section 60305(d)(2)(B)(ii) (47 U.S.C. 1724(d)(2)(B)(ii)), by striking assistant secretary and inserting under secretary;

(iii) in section 60401(a)(2) (47 U.S.C. 1741(a)(2)), by striking assistant secretary and inserting under secretary; and

(iv) by striking Assistant Secretary each place the term appears and inserting Under Secretary;

(C) in section 90008(b)(3) (47 U.S.C. 921 note), by striking Assistant Secretary and inserting Under Secretary; and

(D) in division J, in title I, in the matter under the heading distance learning, telemedicine, and broadband program under the heading Rural Utilities Service under the heading RURAL DEVELOPMENT PROGRAMS, by striking Assistant Secretary and inserting Under Secretary.

The individual serving as the Assistant Secretary of Commerce for Communications and Information and the individual serving as the Deputy Assistant Secretary of Commerce for Communications and Information on the day before the date of enactment of this Act may serve as the Under Secretary of Commerce for Communications and Information and the Deputy Under Secretary of Commerce for Communications and Information, respectively, on and after that date without the need for renomination or reappointment.

Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to the Assistant Secretary of Commerce for Communications and Information is deemed to refer to the Under Secretary of Commerce for Communications and Information.

All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law.

(A) that have been issued, made, granted, or allowed to become effective by the Assistant Secretary of Commerce for Communications and Information, any officer or employee of the National Telecommunications and Information Administration, or any other Government official, or by a court of competent jurisdiction; and

(B) that are in effect on the date of enactment of this Act (or become effective after that date pursuant to their terms as in effect on that date),

No suit, action, or other proceeding commenced by or against the Assistant Secretary of Commerce for Communications and Information shall abate by reason of the enactment of this title and the amendments made by this title.

This title, and the amendments made by this title, shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of enactment of this Act before the National Telecommunications and Information Administration, but those proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this title had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this title had not been enacted.

This title, and the amendments made by this title, shall not affect suits commenced before the date of enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this title, and the amendments made by this title, had not been enacted.

In this section:

The term affected Federal entity means a Federal entity—

(A) with operations in any band of frequencies described in subsection (b)(1); and

(B) that the Under Secretary determines might be affected by a reallocation in a band described in subparagraph (A).

The term co-lead means an official who—

(A) is the head of a Federal entity—

(i) with operations in a band of frequencies described in subsection (b)(1)(A); and

(ii) that the Under Secretary determines might be affected by a reallocation in a band of frequencies described in subsection (b)(1)(A); and

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

The term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)).

The Secretary of Commerce, acting through the Under Secretary, with the assistance of the co-leads, shall complete a feasibility assessment of making spectrum available for—

(A) non-Federal use, shared Federal and non-Federal use, or a combination thereof, in the bands of frequencies between 7125 and 8500 megahertz, inclusive; and

(B) shared Federal and non-Federal use in the bands of frequencies between 37000 and 37600 megahertz, inclusive.

In conducting the feasibility assessment required under paragraph (1), the Under Secretary, with the assistance of the co-leads, shall—

(A) coordinate directly with each affected Federal entity with respect to frequencies allocated to, and used by, that affected Federal entity in the bands described in that paragraph and in affected adjacent or near adjacent bands;

(B) ensure that each affected Federal entity leads that portion of the feasibility assessment that is relevant to individual mission requirements of the affected Federal entity for the systems supported by the incumbent spectrum assignments in an applicable band of frequencies;

(C) consider dynamic spectrum sharing, such as an incumbent informing capability, as required under section 120 of the National Telecommunications and Information Administration Organization Act, as added by section 102 of this Act, and, for the bands of frequencies described in paragraph (1)(A), relocation of systems, compression or re-packing of systems, consolidation of systems, and any other re-purposing options the Under Secretary, with the assistance of the co-leads, determines will enable the most efficient and effective use of frequencies considered under that paragraph; and

(D) comply with the requirements of section 113(j) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(j)).

Each affected Federal entity shall provide any assistance that the Under Secretary and the co-leads determine necessary in order to carry out the assessment required under this subsection.

The Under Secretary and the co-leads shall complete the assessment required under this subsection—

(A) if affected Federal entities submit requests for funding under subsection (c)(1), not later than 2 years after the date on which all such requests for funding have been approved or denied; and

(B) if no affected Federal entity submits a request for funding under subsection (c)(1), not later than 850 days after the date of enactment of this Act.

If an affected Federal entity determines that the affected Federal entity requires funding to conduct activities described in section 118(g) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)) that are necessary to assist the Under Secretary and the co-leads in carrying out the assessment required under subsection (b), the affected Federal entity shall, not later than 120 days after the date of enactment of this Act, submit a request for payment pursuant to such section 118(g).

Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928(g)(2)(D)(ii)) shall not apply with respect to a payment requested under paragraph (1).

Not later than 30 days after the date on which the Under Secretary and the co-leads complete the feasibility assessment required under subsection (b), and subject to the other requirements of this subsection, the Under Secretary shall submit to the Commission and Congress a report regarding that assessment.

The report submitted under paragraph (1) shall include—

(A) which Federal entities are affected Federal entities and the contributions of those affected Federal entities to the feasibility assessment required under subsection (b);

(B) the necessary steps to make the bands of frequencies considered under subsection (b)(1)(A) available for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including—

(i) the technical requirements necessary to make those bands of frequencies available for—

(I) exclusive non-Federal use; and

(II) shared Federal and non-Federal use; and

(ii) an estimate of the cost to affected Federal entities to make the bands of frequencies considered under subsection (b)(1)(A) available for—

(I) exclusive non-Federal use; and

(II) shared Federal and non-Federal use;

(C) the necessary steps to make the bands of frequencies considered under subsection (b)(1)(B) available for shared Federal and non-Federal use, including the technical requirements necessary to make those bands so available and an estimate of the cost to affected Federal entities to make those bands so available;

(D) an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under subsection (b)(1)(B) would result in harmful interference to an affected Federal entity; and

(E) an assessment of the potential impact that authorizing mobile or fixed terrestrial wireless operations, including advanced mobile services operations, in any of the frequencies considered under subsection (b) could have on the mission of an affected Federal entity.

The Under Secretary shall ensure that all information in the report submitted under this subsection that is permitted to be released to the public is made available on the public website of the National Telecommunications and Information Administration.

If there is classified material in the report submitted under this subsection, the Under Secretary shall—

(A) provide the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and each other committee of Congress with jurisdiction over affected Federal entities with operations in the applicable bands of frequencies with a briefing on the classified components of that report; and

(B) transmit at least 1 copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the Senate and House of Representatives.

Before finalizing the report required under this subsection with respect to the feasibility assessment required under subsection (b), the Under Secretary shall—

(A) submit the report for review by the Spectrum Advisory Council; and

(B) resolve any disputes regarding the feasibility assessment through the interagency process described in the national security memorandum of the President entitled Memorandum on Renewing the National Security Council System, issued on February 4, 2021.

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.

Not later than 30 days after the date on which the Under Secretary completes any feasibility assessment with respect to bands of electromagnetic spectrum (other than the assessment required under subsection (b)), the Under Secretary shall submit to the Commission and Congress a report regarding that assessment.

Each report required under paragraph (1) shall include, with respect to the applicable feasibility assessment described in that paragraph—

(A) the Federal entities identified by the Assistant Secretary with equities in the bands with respect to frequencies allocated to, and used by, those Federal entities and the contributions of those Federal entities to that feasibility assessment;

(B) the necessary steps to make the bands of frequencies considered under that feasibility assessment available for non-Federal use, shared Federal and non-Federal use, or a combination thereof, including—

(i) the technical requirements necessary to make bands in the frequencies considered under that feasibility assessment available for—

(I) exclusive non-Federal use; and

(II) shared Federal and non-Federal use; and

(ii) an estimate of the cost to Federal entities affected by making bands in the frequencies considered under that feasibility assessment available for—

(I) exclusive non-Federal use; and

(II) shared Federal and non-Federal use;

(C) an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under that feasibility assessment would result in harmful interference to a Federal entity; and

(D) an assessment of the potential impact that authorizing mobile or fixed terrestrial wireless operations, including advanced mobile services operations, in any of the frequencies considered under that feasibility assessment could have on the mission of a Federal entity.

The Under Secretary shall ensure that all information in a report submitted under this subsection that may be released to the public is made available on the public website of the National Telecommunications and Information Administration.

If there is classified material in a report submitted under this subsection, the Under Secretary shall—

(A) provide the Committee on Commerce, Science, and Transportation of the Senate, the Committee on Energy and Commerce of the House of Representatives, and each other committee of Congress with jurisdiction over Federal entities with equities in the applicable bands of frequencies with a briefing on the classified components of that report; and

(B) transmit at least 1 copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the Senate and House of Representatives.

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.

Not later than December 30, 2027, the Commission shall complete a system of competitive bidding under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new licenses for the band of frequencies between 12700 megahertz and 13250 megahertz, inclusive.

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, 2029.

This subtitle may be cited as the Improving Minority Participation And Careers in Telecommunications Act or the IMPACT Act.

In this subtitle:

The term covered grant means a grant awarded under section 503.

The term eligible entity means a historically Black college or university, a Tribal College or University, or any other minority-serving institution, or a consortium of those entities, that forms a partnership with 1 or more of the following entities to carry out a training program:

(A) A member of the telecommunications industry, such as a company or industry association.

(B) A labor or labor-management organization with experience working in the telecommunications industry, the electromagnetic spectrum industry, or a similar industry.

(C) The Telecommunications Industry Registered Apprenticeship Program.

(D) A nonprofit organization dedicated to helping individuals gain employment in the telecommunications or electromagnetic spectrum industry.

(E) A community or technical college with experience in providing workforce development for individuals seeking employment in the telecommunications industry, electromagnetic spectrum industry, or a similar industry.

(F) A Federal agency laboratory specializing in telecommunications or electromagnetic spectrum technology that is located within the National Telecommunications and Information Administration.

The term Grant Program means the Telecommunications Workforce Training Grant Program established under section 503.

The term Hispanic-serving institution has the meaning given the term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)).

The term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061).

The term improper payment has the meaning given the term in section 2(d) of the Improper Payments Information Act of 2002 (Public Law 107–300; 116 Stat. 2351).

The term industry field activity means an activity at an active telecommunications, cable, or broadband network worksite, such as a tower, construction site, or network management hub.

The term industry partner means an entity described in any of subparagraphs (A) through (F) of paragraph (2) with which an eligible entity forms a partnership to carry out a training program.

The term minority-serving institution means an eligible institution described in section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)).

The term registered apprenticeship program means an apprenticeship registered under the Act of August 16, 1937 (commonly known as the National Apprenticeship Act; 50 Stat. 664, chapter 663).

The term training program means a credit or non-credit program developed by an eligible entity, in partnership with an industry partner, that—

(A) is designed to educate and train students to participate in the telecommunications or electromagnetic spectrum workforce; and

(B) includes a curriculum and apprenticeship or internship opportunity that can also be paired with—

(i) a degree program; or

(ii) stacked credentialing toward a degree.

The term Tribal College or University has the meaning given the term in section 316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b)).

The Under Secretary, acting through the Director of the Office of Minority Broadband Initiatives established under section 902(b)(1) of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1306), shall establish a program, to be known as the Telecommunications Workforce Training Grant Program, under which the Under Secretary shall award grants to eligible entities to develop training programs.

An eligible entity desiring a covered grant shall submit to the Under Secretary an application at such time, in such manner, and containing such information as the Under Secretary may require.

An eligible entity shall include in an application submitted under paragraph (1)—

(A) a commitment from the industry partner of the eligible entity to collaborate with the eligible entity to develop a training program, including curricula and internships or apprenticeships;

(B) a description of how the eligible entity plans to use the covered grant funds, including the type of training program the eligible entity plans to develop;

(C) a plan for recruitment of students and potential students to participate in the applicable training program;

(D) a plan to increase female student participation in the applicable training program;

(E) a description of potential jobs to be secured through the applicable training program, including jobs in the communities surrounding the eligible entity; and

(F) a description of how the eligible entity will meet the short-term and long-term goals established under subsection (e)(2) and performance metrics established under that subsection.

An eligible entity may use covered grant funds, with respect to the training program of the eligible entity, to—

(1) hire faculty members to teach courses in the applicable training program;

(2) train faculty members to prepare students for employment in jobs related to the deployment of next-generation wired and wireless communications networks, including 5G networks, hybrid fiber-coaxial networks, and fiber infrastructure, particularly in—

(A) broadband, electromagnetic spectrum, or wireless network engineering;

(B) network deployment and maintenance; and

(C) industry field activities;

(3) design and develop curricula and other components necessary for degrees, courses, or programs of study, including certificate programs and credentialing programs, that comprise the training program;

(4) pay for costs associated with instruction under the training program, including the costs of equipment, telecommunications training towers, laboratory space, classroom space, and instructional field activities;

(5) fund scholarships, student internships, apprenticeships, and pre-apprenticeship opportunities in the areas described in paragraph (2);

(6) recruit students for the training program; and

(7) support the enrollment in the training program of individuals working in the telecommunications or electromagnetic spectrum industry in order for those individuals to advance professionally in the industry.

Not later than 2 years after the date on which amounts are made available to carry out this section, the Under Secretary shall award all covered grants.

Of the total amount of covered grants made under this section, the Under Secretary shall award not less than—

(A) 20 percent of covered grant amounts to eligible entities that include historically Black colleges or universities;

(B) 20 percent of covered grant amounts to eligible entities that include Tribal Colleges or Universities; and

(C) 20 percent of covered grant amounts to eligible entities that include Hispanic-serving institutions.

The Under Secretary shall ensure that covered grant amounts awarded under paragraph (2) are coordinated with grant amounts provided under section 902 of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1306).

In awarding covered grants for education relating to construction, the Under Secretary may prioritize applications that partner with registered apprenticeship programs, industry-led apprenticeship programs, pre-apprenticeship programs, other work-based learning opportunities, or public 2-year community or technical colleges that have a written agreement with 1 or more registered apprenticeship programs, industry-led apprenticeship programs, pre-apprenticeship programs, or other work-based learning opportunities.

Not later than 180 days after the date of enactment of this Act, after providing public notice and an opportunity to comment, the Under Secretary, in consultation with the Secretary of Labor and the Secretary of Education, shall issue final rules governing the Grant Program.

In the rules issued under paragraph (1), the Under Secretary shall—

(A) establish short-term and long-term goals for an eligible entity that receives a covered grant;

(B) establish performance metrics that demonstrate whether the goals described in paragraph (1) have been met by an eligible entity;

(C) identify the steps the Under Secretary will take to award covered grants through the Grant Program if the demand for covered grants exceeds the amount appropriated to carry out the Grant Program; and

(D) develop criteria for evaluating applications for covered grants.

The Under Secretary shall establish the term of a covered grant, which may not be less than 5 years.

During the term of a covered grant received by an eligible entity, the eligible entity shall submit to the Under Secretary a semiannual report that, with respect to the preceding 180-day period—

(1) describes how the eligible entity used the covered grant amounts;

(2) describes the progress the eligible entity made in developing and executing the applicable training program;

(3) describes the number of faculty and students participating in the applicable training program;

(4) describes the partnership with the industry partner of the eligible entity, including—

(A) the commitments and in-kind contributions made by the industry partner; and

(B) the role of the industry partner in curriculum development, the degree program, and internships and apprenticeships;

(5) includes data on internship, apprenticeship, and employment opportunities and placements; and

(6) provides information determined necessary by Under Secretary to—

(A) measure progress toward the goals established under subsection (e)(2)(A); and

(B) assess whether the goals described in subparagraph (A) are being met.

The Inspector General of the Department of Commerce shall audit the Grant Program in order to—

(A) ensure that eligible entities use covered grant amounts in accordance with the requirements of this section, including the purposes for which covered grants may be used, as described in subsection (c); and

(B) prevent waste, fraud, abuse, and improper payments in the operation of the Grant Program.

The Under Secretary shall revoke a covered grant awarded to an eligible entity if the eligible entity is not in compliance with the requirements of this section, including if the eligible entity uses the grant for a purpose that is not in compliance with subsection (c).

Any finding by the Inspector General of the Department of Commerce under paragraph (1) of waste, fraud, or abuse in the Grant Program, or that an improper payment has been made with respect to the Grant Program, shall identify the following:

(A) Any entity within the eligible entity that committed the applicable act.

(B) The amount of funding made available from the Grant Program to the eligible entity.

(C) The amount of funding determined to be an improper payment to an eligible entity, if applicable.

Not later than 7 days after making a finding under paragraph (1) of waste, fraud, or abuse in the Grant Program, or that an improper payment has been made with respect to the Grant Program, the Inspector General of the Department of Commerce shall concurrently notify the Under Secretary, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Energy and Commerce of the House of Representatives of that finding, which shall include the information identified under paragraph (3) with respect to the finding.

The Under Secretary shall, with respect to the Grant Program—

(A) designate an entity within the Office of Minority Broadband Initiatives to lead fraud risk management activities;

(B) ensure that the entity designated under subparagraph (A) has defined responsibilities and the necessary authority to serve the role of the entity;

(C) conduct risk-based monitoring and evaluation 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, evaluations, 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 antifraud strategy, focusing on preventative control activities;

(H) consider the benefits and costs of controls 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 antifraud strategy.

Until the year in which all covered grants have expired, the Under Secretary shall submit to Congress an annual report that, for the year covered by the report—

(1) identifies each eligible entity that received a covered grant and the amount of the covered grant;

(2) describes the progress each eligible entity described in paragraph (1) has made toward accomplishing the overall purpose of the Grant Program, as described in subsection (c);

(3) summarizes the job placement status or apprenticeship opportunities of students who have participated in each training program;

(4) includes the findings of any audits conducted by the Inspector General of the Department of Commerce under subsection (h)(1) that were not included in the previous report submitted under this subsection; and

(5) includes information on—

(A) the progress of each eligibly entity towards the short-term and long-term goals established under subsection (e)(2)(A); and

(B) the performance of each eligible entity with respect to the performance metrics described in subsection (e)(2)(B).

Not later than 1 year after the date of enactment of this Act, the Under Secretary, in coordination with the Executive Office of the President, and in consultation with the heads of the member agencies of the Spectrum Advisory Council and the stakeholders described in subsection (b), shall develop a National Spectrum Workforce Plan to—

(1) understand the spectrum workforce development needs for the United States;

(2) prioritize the development of, and enhancement to, the spectrum ecosystem workforce, including the operational, technical, and policy positions involved in spectrum-related activities; and

(3) consider strategies and methods to encourage the development of spectrum engineering training programs, work-study programs, and trade school certification programs to strengthen the spectrum workforce ecosystem.

The Under Secretary, in coordination with the Executive Office of the President, shall use the collaborative framework established under section 101(d) to collect input from stakeholders, including academia, Federal agencies, Tribal Nations, and industry, to identify the education and training programs necessary to equip the existing workforce, and prepare the future workforce, to meet the evolving spectrum-related workforce demands.

Not later than 3 years after the date of enactment of this Act, and once every 4 years thereafter (or more frequently, as appropriate, as determined by the Under Secretary), the Under Secretary, in coordination with the Executive Office of the President, shall update the National Spectrum Workforce Plan developed under subsection (a).

The Under Secretary shall submit to Congress the National Spectrum Workforce Plan established subsection (a) and any updates to that Plan made under subsection (c).

In this title, the term covered auction means a system of competitive bidding—

(1) conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, that commences during the period beginning on March 9, 2023, and ending on September 30, 2029;

(2) conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, for the band of frequencies between 12700 megahertz and 13250 megahertz, inclusive, on or after the date of enactment of this Act;

(3) that involves a band of frequencies described in section 113(g)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(g)(2)) and is conducted on or after the date of enactment of this Act; or

(4) with respect to which the Commission shares with a licensee a portion of the proceeds, as described in paragraph (8)(G) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), as amended by this Act, and that is conducted on or after the date of enactment of this Act.

There is established in the Treasury of the United States a fund to be known as the Spectrum Auction Trust Fund (referred to in this section as the Fund) for the purposes described in subparagraphs (A) through (I) of subsection (c)(1).

Amounts deposited in the Fund shall remain available until expended.

Notwithstanding any other provision of law, except section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), the proceeds (including deposits and upfront payments from successful bidders) from any covered auction shall be deposited or available as follows:

(A) With respect to a covered auction described in paragraph (3) or (4) of section 601, the proceeds of the covered auction shall be deposited or available as follows:

(i) With respect to a covered auction described in section 601(3)—

(I) such amount of those proceeds as is necessary to cover 110 percent of the relocation or sharing costs (as defined in subsection (g)(3) of section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923)) of Federal entities (as defined in subsection (l) of such section 113) 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); and

(II) any remaining proceeds after making the deposit described in subclause (I) shall be deposited in accordance with subsection (c).

(ii) With respect to a covered auction described in section 601(4)—

(I) such amount of those proceeds as the Commission has agreed to share with licensees under section 309(j)(8)(G) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall be shared with those licensees; and

(II) any remaining proceeds after sharing proceeds, as described in subclause (I), shall be deposited in accordance with subsection (c).

(B) After carrying out subparagraph (A) (if that subparagraph is applicable to the covered auction), $2,000,000,000 of the proceeds of the covered auction shall be deposited in the general fund of the Treasury, where those proceeds shall be dedicated for the sole purpose of deficit reduction.

(C) Any proceeds of the covered auction that remain after carrying out subparagraphs (A) and (B) shall be deposited in accordance with subsection (c).

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 (including paragraph (1)), 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 or available as follows:

(A) If that system of competitive bidding is a covered auction described in paragraph (3) or (4) of section 601, the proceeds of the system of competitive bidding shall be deposited or available as follows:

(i) With respect to a covered auction described in section 601(3), such amount of those proceeds as is necessary to cover 110 percent of the relocation or sharing costs (as defined in subsection (g)(3) of section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923)) of Federal entities (as defined in subsection (l) of such section 113) 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).

(ii) With respect to a covered auction described in section 601(4), such amount of those proceeds as the Commission has agreed to share with licensees under section 309(j)(8)(G) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(G)) shall be shared with those licensees.

(B) After carrying out subparagraph (A) (if that subparagraph is applicable to that system of competitive bidding), $300,000,000 of the proceeds of that system of competitive bidding shall be deposited in the general fund of the Treasury, where those proceeds shall be dedicated for the sole purpose of deficit reduction.

(C) Any proceeds of that system of competitive bidding that remain after carrying out subparagraphs (A) and (B) shall be deposited in accordance with subsection (c).

Notwithstanding any other provision of law (except for subsection (b)), an aggregate total amount of $20,605,000,000 of the proceeds of covered auctions that remain after carrying out that subsection shall be deposited in the Fund as follows:

(A) 12 percent of those remaining amounts, but not 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)(1)(A).

(B) 12 percent of those remaining amounts, but not more than $5,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (d)(1)(B).

(C) 12 percent of those remaining amounts, but not more than $2,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (e)(1)(A).

(D) 12 percent of those amounts, but not more than $3,000,000,000 cumulatively, shall be transferred to the general fund of the Treasury to reimburse the amount borrowed under subsection (e)(1)(B).

(E) 12 percent of those remaining amounts, but not more than $2,000,000,000 cumulatively, shall be made available to the Under Secretary, to remain available until expended, to carry out sections 159, 160, and 161 of the National Telecommunications and Information Administration Organization Act, as added by section 801 of this Act, except that not more than 4 percent of the amount made available under this subparagraph may be used for administrative purposes (including carrying out such sections 160 and 161).

(F) 12 percent of those remaining amounts, but not more than $3,300,000,000 cumulatively, shall be made available to the Director of the National Science Foundation to carry out research and related activities, of which—

(i) $1,650,000,000 shall be for the Directorate for Technology, Innovation, and Partnerships established under section 10381 of the Research and Development, Competition, and Innovation Act (42 U.S.C. 19101); and

(ii) $1,650,000,000 shall be used to carry out other research and related activities for which amounts are authorized to be appropriated under section 10303 of the Research and Development, Competition, and Innovation Act (Public Law 117–167).

(G) 12 percent of those remaining amounts, but not more than $1,700,000,000 cumulatively, shall be made available to the Under Secretary of Commerce for Standards and Technology, of which—

(i) $1,475,000,000 shall be used to carry out scientific and technical research and services laboratory activities under subtitle B of title II of the Research and Development, Competition, and Innovation Act (42 U.S.C. 18931 et seq.); and

(ii) $225,000,000 shall be used for Safety, Capacity, Maintenance, and Major Repairs for which amounts are authorized to be appropriated under section 10211 of the Research and Development, Competition, and Innovation Act (Public Law 117–167).

(H) 12 percent of those remaining amounts, but not more than $500,000,000 cumulatively, shall be made available to the Under Secretary to carry out the Telecommunications Workforce Training Grant Program established under section 503.

(I) 4 percent of those remaining amounts, but not more than $25,000,000 cumulatively, shall be made available to the Under Secretary and the Secretary of Defense for the purpose of research and development, engineering studies, economic analyses, activities with respect to systems, or other planning activities to improve efficiency and effectiveness of spectrum use of the Department of Defense.

If the maximum amount permitted under any subparagraph of paragraph (1) is reached, whether through covered auction proceeds or appropriations to the program specified in that subparagraph, any remaining proceeds from the amount of proceeds of covered auctions described in that paragraph shall be deposited pro rata based on the original distribution to all subparagraphs of paragraph (1) for which the maximum amount permitted has not been met.

After the amounts required to be made available by paragraphs (1) and (2) are so made available, any remaining amounts shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction.

Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Commission may borrow from the Treasury of the United States an amount not to exceed—

(A) $3,080,000,000 to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.); and

(B) $5,000,000,000 to carry out section 904 of division N of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1752).

The Commission may not use any funds borrowed under this subsection in a manner that may result in outlays on or after December 31, 2033.

Subject to the limitation under paragraph (2), not later than 90 days after the date of enactment of this Act, the Secretary of Commerce may borrow from the Treasury of the United States an amount not to exceed—

(A) $2,000,000,000 to carry out section 28 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722a); and

(B) $3,000,000,000 for the fund established under section 102(a) of the CHIPS Act of 2022 (15 U.S.C. 4651 note), which shall be used to carry out section 9902 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (15 U.S.C. 4652).

The Secretary of Commerce may not use any funds borrowed under this subsection in a manner that may result in outlays on or after December 31, 2033.

Not later than 2 years after the date of enactment of this Act, and annually thereafter until funds are fully expended, the heads of the agencies to which funds are made available under each subparagraph of subsection (c)(1) shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the amount transferred or made available under the applicable subparagraph.

Section 4(k) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1603(k)) is amended by striking $1,900,000,000 and inserting $4,980,000,000.

Part C of the National Telecommunications and Information Administration Organization Act is amended by adding at the end the following:

The Under Secretary, after consulting with the Administrator, shall—

(A) take actions, in coordination with State points of contact described in subsection (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 information 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 required 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 applications for grants under subsection (c); and

(F) oversee the use of funds provided by such grants in fulfilling such implementation plans.

Not later than October 1, 2025, and each year thereafter until funds made available to make grants under subsection (c) are no longer available to be expended, the Under Secretary shall submit to Congress a report on the activities conducted by the Under Secretary under paragraph (1) in the year preceding the submission of the report.

The Under Secretary may seek the assistance of the Administrator in carrying out the duties described in subparagraphs (A) through (D) of paragraph (1) as the Under Secretary determines necessary.

The Under Secretary, 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 the grant program; and

(ii) funding profiles for each fiscal year of the duration of the grant program.

Not later than 180 days after the date of enactment of this section, the Under Secretary shall—

(i) submit the management plan developed under subparagraph (A) to—

(I) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

(II) the Committee on Energy and Commerce and the Committee on Appropriations of the House of Representatives;

(ii) publish the management plan on the website of the National Telecommunications and Information Administration; and

(iii) provide the management plan to the Administrator for the purpose of publishing the management plan on the website of the National Highway Traffic Safety Administration.

The Under Secretary, after consulting with the Administrator, may modify the management plan developed under paragraph (1)(A).

Not later than 90 days after the plan is modified under subparagraph (A), the Under Secretary shall—

(i) submit the modified plan to—

(I) the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate; and

(II) the Committee on Energy and Commerce and the Committee on 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 National Highway Traffic and Safety Administration.

The Under Secretary shall provide grants to eligible entities for—

(A) implementing Next Generation 9–1–1;

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

(C) training directly related to implementing, maintaining, and operating Next Generation 9–1–1 if the cost related to the training does not exceed—

(i) 3 percent of the total grant award for eligible entities that are not Tribes; and

(ii) 5 percent of the total grant award for eligible entities that are Tribes;

(D) public outreach and education on how the public can best use Next Generation 9–1–1 and the capabilities and usefulness of Next Generation 9–1–1;

(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 Under Secretary; and

(ii) the cost is reasonable and 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; and

(F) costs associated with implementing cybersecurity measures at emergency communications centers or with respect to Next Generation 9–1–1.

In providing grants under paragraph (1), the Under Secretary, after consulting with the Administrator, shall require an eligible entity to submit to the Under Secretary an application, at the time and in the manner determined by the Under Secretary, containing the certification required by paragraph (3).

An 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;

(ii) has designated a single officer or governmental body to serve as the State point of contact to coordinate the implementation of Next Generation 9–1–1 for the State, except that the designation need not vest the 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 implementation of Next Generation 9–1–1 that—

(I) ensures interoperability by requiring the use of commonly accepted standards;

(II) ensures reliability;

(III) enables emergency communications 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 coordinating cybersecurity information sharing between Federal, State, Tribal, and local government partners;

(VI) uses open and competitive request for proposal processes, including through shared government procurement vehicles, for deployment of Next Generation 9–1–1;

(VII) documents how input was received and accounted for from relevant rural and urban emergency communications centers, regional authorities, local authorities, and Tribal authorities;

(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 coordinates with the State point of contact required by clause (ii);

(IX) creates efficiencies related to Next Generation 9–1–1 functions, including cybersecurity and the virtualization and sharing of infrastructure, equipment, and services; and

(X) utilizes an effective, competitive approach to establishing authentication, credentialing, secure connections, and access in deploying Next Generation 9–1–1, including by—

(aa) requiring certificate authorities to be capable of cross-certification with other authorities;

(bb) avoiding risk of a single point of failure or vulnerability; and

(cc) adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology; and

(B) in the case of an eligible entity that is a Tribe, the entity has complied with clauses (i) and (iii) of subparagraph (A) (except for subclause (VIII)(bb) of such clause (iii)).

Not later than 1 year after the date of enactment of this section, the Under Secretary, after consulting with the Administrator, shall issue rules, after providing the public with notice and an opportunity to comment, establishing the criteria for selecting eligible entities for grants under this subsection.

The criteria established under subparagraph (A) 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.

The Under Secretary shall update the rules issued under subparagraph (A) as necessary.

An eligible entity shall certify to the Under Secretary at the time of application for a grant under this subsection, and an eligible entity that receives such a grant shall certify to the Under Secretary annually thereafter during the period during which 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 imposed by the eligible entity (or if the eligible entity is not a State or Tribe, any State or taxing jurisdiction within which the eligible entity will carry out, or is carrying out, activities using grant funds) is obligated or expended for a purpose or function not designated as acceptable under the rules issued under section 6(f)(3) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(3)) (as those rules are in effect on the date on which the eligible entity makes the certification);

(B) any funds received by the eligible entity will be used, consistent with paragraph (1), to support the deployment of Next Generation 9–1–1 in a manner that ensures reliability and interoperability by requiring the use of commonly accepted standards;

(C) the eligible entity (or if the eligible entity is not a State or Tribe, any State or taxing jurisdiction within which the eligible entity will carry out or is carrying out activities using grant funds) has established, or has committed to establish not later than 3 years after 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 interoperability 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 taken or will take steps to coordinate with adjoining States and Tribes to establish and maintain Next Generation 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.

An eligible entity shall agree, as a condition of receipt of a grant under this subsection, that if any State or taxing jurisdiction within which the eligible entity will carry out activities using grant funds fails to comply with a certification required under paragraph (5), during the period during which the funds from the grant are available to the eligible entity, all of the funds from the grant shall be returned to the Under Secretary.

An eligible entity that knowingly provides false information in a certification under paragraph (5)—

(A) shall not be eligible to receive the grant under this subsection;

(B) shall return any grant awarded under this subsection; and

(C) shall not be eligible to receive any subsequent grants under this subsection.

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 Government from bidding on a contract, participating in an auction, or receiving a grant.

In this section and sections 160 and 161:

The term 9–1–1 fee or charge has the meaning given the term in section 6(f)(3)(D) of the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 615a–1(f)(3)(D)).

The term 9–1–1 request for emergency assistance 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.

The term Administrator means the Administrator of the National Highway Traffic Safety Administration.

The term commonly accepted standards means the technical standards followed by the communications industry 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—

(I) that is open for participation by any person; and

(II) provides for a conflict resolution 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 approved.

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.

The term eligible entity —

(A) means—

(i) a State or a Tribe; or

(ii) an entity, including a public authority, board, or commission, established by 1 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).

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 1 or more of the functions described in subparagraph (B); or

(ii) a public safety answering point, as defined in section 222 of the Communications Act of 1934 (47 U.S.C. 222).

The functions described in this subparagraph are the following:

(i) Processing and analyzing 9–1–1 requests for emergency assistance and information and data related to such requests.

(ii) Dispatching appropriate emergency response providers.

(iii) Transferring or exchanging 9–1–1 requests for emergency assistance and information and data related to such requests with 1 or more other emergency communications centers and emergency response providers.

(iv) Analyzing any communications received from emergency response providers.

(v) Supporting incident command functions.

The term emergency response provider has the meaning given that term in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).

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).

The term interoperability means the capability of emergency communications centers to receive 9–1–1 requests for emergency assistance and information and data related 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 communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction, equipment, device, software, service provider, or other relevant factors.

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).

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;

(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 information 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.

The term reliability means the employment of sufficient measures to ensure 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 1 route between end points with no common points where a single failure at that point would cause all routes to fail.

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.

The term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses, including operations, maintenance, and upgrades.

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)).

The Under 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 cybersecurity intrusions relating to Next Generation 9–1–1.

The Under Secretary shall establish a Public Safety Next Generation 9–1–1 Advisory Board (in this section referred to as the Board) to provide recommendations to the Under Secretary—

(A) with respect to carrying out the duties and responsibilities of the Under Secretary in issuing the rules required under section 159(c)(4);

(B) as required by paragraph (7) of this subsection; and

(C) upon request under paragraph (8) of this subsection.

Not later than 150 days after the date of enactment of this section, the Under Secretary shall appoint 16 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 emergency medical service officials; and

(iv) 4 members shall represent 9–1–1 professionals.

Members of the Board shall be representatives of States or Tribes and local governments, chosen to reflect geographic and population density differences, as well as public safety organizations at the national level across the United States.

Each member of the Board shall have specific expertise necessary for developing technical requirements under this section, such as technical expertise, and expertise related to public safety communications and 9–1–1 services.

In making the appointments under subparagraph (A), the Under Secretary shall appoint a rank and file member from each of the public safety disciplines listed in clauses (i) through (iv) of that subparagraph as a member of the Board and shall select the member from an organization that represents its public safety discipline at the national level.

Except as provided in subparagraph (B), a member of the Board shall serve for a 3-year term.

A member of the Board may be removed for cause upon the determination of the Under Secretary.

A vacancy in the Board shall be filled in the same manner as the original appointment.

A majority of the members of the Board shall constitute a quorum.

The Board shall select a Chairperson and Vice Chairperson from among the members of the Board.

Not later than 120 days after all members of the Board are appointed under paragraph (2), the Board shall submit to the Under 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 improvements;

(C) creating efficiencies related to Next Generation 9–1–1, including cybersecurity and the virtualization and sharing of core infrastructure;

(D) enabling effective coordination among State, local, Tribal, and territorial government entities to ensure that the needs of emergency communications centers in both rural and urban areas are taken into account in each implementation plan required under section 159(c)(3)(A)(iii); and

(E) incorporating existing cybersecurity resources into Next Generation 9–1–1 procurement and deployment.

Except as provided in paragraphs (1) and (7), the Board may provide recommendations to the Under Secretary only upon request of the Under Secretary.

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.

Nothing in this section may be construed as limiting the authority of the Under Secretary to seek comment from stakeholders and the public.