S.Amdt. 2017

SA 2017. Ms. CANTWELL (for herself and Mr. Lujan) submitted an
amendment intended to be proposed to amendment SA 1911 proposed by Ms.
Cantwell (for herself, Mr. Cruz, Ms. Duckworth, and Mr. Moran) to the
bill H.R. 3935, to amend title 49, United States Code, to reauthorize
and improve the Federal Aviation Administration and other civil
aviation programs, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

TITLE ___--SPECTRUM AND NATIONAL SECURITY

SEC. __01. SHORT TITLE.

This title may be cited as the ``Spectrum and National
Security Act of 2024''.

SEC. __02. SENSE OF CONGRESS.

It is the sense of Congress that--
(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;

[[Page S3539]]

(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.

SEC. __03. DEFINITIONS.

In this title:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) Dynamic spectrum sharing.--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.
(3) Spectrum advisory council.--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 __21 of
this title.
(4) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information, as so designated by the amendment made by
section __22(a).

Subtitle A--Development of Spectrum Maximizing Technologies

SEC. __11. NATIONAL SPECTRUM RESEARCH AND DEVELOPMENT PLAN.

(a) Definition.--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)).
(b) Dynamic Spectrum Sharing.--
(1) National testbed.--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.
(2) Funding.--The Under Secretary may use the funding
provided under section __62(c)(1)(E) of this Act to establish
the national testbed for dynamic spectrum sharing under
paragraph (1).
(c) Research and Development Plan.--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.
(d) Public and Private Sector Collaborative Framework.--
(1) Establishment.--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.
(2) Requirements.--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.
(3) Evidence-based spectrum decision-making.--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'').
(e) Promotion of Advanced Spectrum-sharing Technologies.--
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.

Subtitle B--Exerting United States Spectrum Leadership

SEC. __21. EMPOWERING FEDERAL AGENCIES IN THE MANAGEMENT OF
THEIR SPECTRUM.

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:

``SEC. 106. IMPROVING SPECTRUM MANAGEMENT.

``(a) Definitions.--In this section:
``(1) Chair.--The term `Chair' means the Chair of the
Commission.
``(2) Commission.--The term `Commission' means the Federal
Communications Commission.
``(3) Memorandum.--The term `Memorandum' means the
Memorandum of Understanding between the Commission and the
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.
``(4) Spectrum action.--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.
``(5) Spectrum advisory council.--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.
``(b) Federal Coordination Procedures.--
``(1) Responsibilities of ntia.--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);

[[Page S3540]]

``(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.
``(2) Process for addressing non-consensus views.--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.
``(3) Secondary process for addressing non-consensus.--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 of
Science 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.
``(4) Post-commission action procedures.--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.
``(5) Rule of construction.--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').
``(c) Federal Spectrum Coordination Responsibilities.--
``(1) In general.--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.
``(2) Spectrum advisory council representative.--
``(A) In general.--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.
``(B) Security clearance requirement.--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.
``(3) Duties.--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.
``(d) Coordination Between Federal Agencies and the NTIA.--
``(1) Updates.--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.
``(2) Nature of update.--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.
``(e) Annual Report to Congress.--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.
``(f) Testing.--A Federal entity shall coordinate 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.
``(g) Report on Spectrum Management Principles and
Methods.--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.''.

SEC. __22. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND
INFORMATION.

(a) In General.--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''.
(b) Pay.--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

[[Page S3541]]

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)''.
(c) Deputy Under Secretary.--
(1) In general.--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:
``(3) Deputy under secretary.--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.''.
(2) Technical and conforming amendment.--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)),''.
(d) Technical and Conforming Amendments.--
(1) Communications act of 1934.--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''.
(2) National telecommunications and information
administration organization act.--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''.
(3) Homeland security act of 2002.--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''.
(4) Agriculture improvement act of 2018.--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''.
(5) REAL id act of 2005.--Section 303 of the REAL ID Act of
2005 (8 U.S.C. 1721 note; Public Law 109-13) is repealed.
(6) Broadband data improvement act.--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).
(7) Electronic signatures in global and national commerce
act.--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)''.
(8) Title 17, united states code.--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).
(9) Unlocking consumer choice and wireless competition
act.--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''.
(10) Implementing recommendations of the 9/11 commission
act of 2007.--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.
(11) Communications satellite act of 1962.--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''.
(12) Spectrum pipeline act of 2015.--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''.
(13) Warning, alert, and response network act.--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''.
(14) American recovery and reinvestment act of 2009.--
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''.
(15) Middle class tax relief and job creation act of
2012.--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:
``(31) Under secretary.--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:

``(b) Definition.--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.''; and
(ii) by striking section 6408; and
(C) by striking ``Assistant Secretary'' each place the term
appears and inserting ``Under Secretary''.
(16) Ray baum's act of 2018.--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''.
(17) Secure and trusted communications networks act of
2019.--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''.
(18) Title 51, united states code.--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''.
(19) Consolidated appropriations act, 2021.--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''.
(20) Infrastructure investment and jobs act.--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'';

[[Page S3542]]

(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''.
(e) Continuation in Office.--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.
(f) References.--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.
(g) Savings Provisions.--
(1) Legal documents.--All orders, determinations, rules,
regulations, permits, grants, loans, contracts, agreements,
certificates, licenses, and privileges--
(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),
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.
(2) Nonabatement of actions.--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 subtitle and the amendments
made by this subtitle.
(3) Proceedings.--This subtitle, and the amendments made by
this subtitle, 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
subtitle 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 subtitle had not been
enacted.
(4) Suits.--This subtitle, and the amendments made by this
subtitle, 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 subtitle, and
the amendments made by this subtitle, had not been enacted.

Subtitle C--Creation of a Spectrum Pipeline

SEC. __31. CREATION OF A SPECTRUM PIPELINE.

(a) Definitions.--In this section:
(1) Affected federal entity.--The term ``affected Federal
entity'' means a Federal entity--
(A) with operations in the band of frequencies described in
subsection (b)(1)(A) or with future planned operations in the
band of frequencies described in subsection (b)(1)(B); and
(B) that the Under Secretary determines might be affected
by a reallocation, or another action to expand spectrum
access, in a band described in subparagraph (A).
(2) Co-lead.--The term ``co-lead'' means an official who--
(A) is the head of a Federal entity--
(i) with operations in the band of frequencies described in
subsection (b)(1)(A) or with future planned operations in the
band of frequencies described in subsection (b)(1)(B); and
(ii) that the Under Secretary determines might be affected
by a reallocation, or another action to expand spectrum
access, in a band of frequencies described in subsection
(b)(1); and
(B) elects to serve as a co-lead of the feasibility
assessment required under subsection (b).
(3) Federal entity.--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)).
(b) Feasibility Assessment.--
(1) Completion of assessment.--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 8400 megahertz, inclusive; and
(B) shared Federal and non-Federal use in the bands of
frequencies between 37000 and 37600 megahertz, inclusive.
(2) Other requirements.--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 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)).
(3) Assistance from affected federal entities.--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.
(4) Deadline for completion of assessment.--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.
(c) Funding of Activities to Assist in Conducting
Feasibility Assessment.--
(1) In general.--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).
(2) Exemption.--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).
(d) Report to the Commission and Congress.--
(1) In general.--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.
(2) Contents.--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;

[[Page S3543]]

(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.
(3) Public availability.--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.
(4) Classified information.--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.
(5) Preparation of report.--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.
(6) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, law enforcement sensitive information, or other
information reflecting technical, procedural, or policy
concerns subject to protection under section 552 of title 5,
United States Code.
(e) Reports on Future Feasibility Assessments.--
(1) In general.--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.
(2) Contents.--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.
(3) Public availability.--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.
(4) Classified information.--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.
(5) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, law enforcement sensitive information, or other
information reflecting technical, procedural, or policy
concerns subject to protection under section 552 of title 5,
United States Code.

SEC. __32. SPECTRUM AUCTIONS.

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.

Subtitle D--Extension of FCC Auction Authority

SEC. __41. EXTENSION OF FCC AUCTION AUTHORITY.

Section 309(j)(11) of the Communications Act of 1934 (47
U.S.C. 309(j)(11)) is amended by striking ``March 9, 2023''
and inserting ``September 30, 2029''.

Subtitle E--Workforce Development

CHAPTER 1--IMPROVING MINORITY PARTICIPATION

SEC. __51. SHORT TITLE.

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

SEC. __52. DEFINITIONS.

(a) Definitions.--In this chapter:
(1) Covered grant.--The term ``covered grant'' means a
grant awarded under section __53.
(2) Eligible entity.--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.
(3) Grant program.--The term ``Grant Program'' means the
Telecommunications Workforce Training Grant Program
established under section __53.
(4) Hispanic-serving institution.--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)).
(5) Historically black college or university.--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).
(6) Improper payment.--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).
(7) Industry field activity.--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.
(8) Industry partner.--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.
(9) Minority-serving institution.--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)).
(10) Registered apprenticeship program.--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).
(11) Training program.--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

[[Page S3544]]

(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.
(12) Tribal college or university.--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)).

SEC. __53. PROGRAM.

(a) Program.--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.
(b) Application.--
(1) In general.--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.
(2) Contents.--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.
(c) Use of Funds.--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.
(d) Grant Awards.--
(1) Deadline.--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.
(2) Minimum allocation to certain entities.--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.
(3) Coordination.--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).
(4) Construction.--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.
(e) Rules.--
(1) Issuance.--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.
(2) Content of rules.--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.
(f) Term.--The Under Secretary shall establish the term of
a covered grant, which may not be less than 5 years.
(g) Grantee Reports.--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.
(h) Oversight.--
(1) Audits.--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.
(2) Revocation of funds.--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).
(3) Audit findings.--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.
(4) Notification of audit findings.--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.
(5) Fraud risk management.--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;

[[Page S3545]]

(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.
(i) Annual Report to Congress.--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).

CHAPTER 2--NATIONAL SPECTRUM WORKFORCE PLAN

SEC. __55. NATIONAL SPECTRUM WORKFORCE PLAN.

(a) National Spectrum Workforce Plan.--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.
(b) Stakeholder Engagement.--The Under Secretary, in
coordination with the Executive Office of the President,
shall use the collaborative framework established under
section __11(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.
(c) Updates.--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).
(d) Report to Congress.--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).

Subtitle F--Spectrum Auction Trust Fund

SEC. __61. DEFINITION.

In this subtitle, 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 title,
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 title, 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 title, and that is
conducted on or after the date of enactment of this Act.

SEC. __62. SPECTRUM AUCTION TRUST FUND.

(a) Establishment.--
(1) In general.--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 (J) of subsection (c)(1).
(2) Amounts available until expended.--Amounts deposited in
the Fund shall remain available until expended.
(b) Deposit of Proceeds.--
(1) In general.--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 __61, the proceeds of the
covered auction shall be deposited or available as follows:
(i) With respect to a covered auction described in section
__61(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
__61(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).
(2) Proceeds of spectrum pipeline act of 2015 auction.--
Except as provided in section 309(j)(8)(B) of the
Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)), and
notwithstanding any other provision of law (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 __61,
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
__61(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
__61(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).
(c) Deposit of Funds.--
(1) In general.--Notwithstanding any other provision of law
(except for subsection (b)), an aggregate total amount of
$22,805,000,000 of the proceeds of covered auctions that
remain after carrying out that subsection shall be deposited
in the Fund as follows:
(A) 10 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) 10 percent of those remaining amounts, but not more
than $7,000,000,000 cumulatively, shall be transferred to the
general fund of the Treasury to reimburse the amount borrowed
under subsection (d)(1)(B).
(C) 10 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) 10 percent of those remaining 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) 10 percent of those remaining amounts, but not more
than $3,300,000,000 cumulatively, shall be transferred to the
general fund of the Treasury to reimburse the amount borrowed
under subsection (e)(1)(C).
(F) 10 percent of those remaining amounts, but not more
than $1,700,000,000 cumulatively, shall be transferred to the
general

[[Page S3546]]

fund of the Treasury to reimburse the amount borrowed under
subsection (e)(1)(D).
(G) 10 percent of those remaining amounts, but not more
than $200,000,000 cumulatively, shall be transferred to the
general fund of the Treasury to reimburse the amount borrowed
under subsection (f).
(H) 10 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 __81 of this title,
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).
(I) 10 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
__53.
(J) 10 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.
(2) Distribution.--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.
(3) Deficit reduction.--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.
(d) FCC Borrowing Authority.--
(1) In general.--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) $7,000,000,000 to carry out section 904 of division N
of the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752).
(2) Limitation.--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.
(e) Department of Commerce Borrowing Authority.--
(1) In general.--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);
(B) $3,000,000,000 for the fund established under section
102(a) of the CHIPS Act of 2022 (Public Law 117-167), 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);
(C) $3,300,000,000 to 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); and
(D) $1,700,000,000 to 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 for
which amounts are authorized to be appropriated under section
10211 of the Research and Development, Competition, and
Innovation Act (Public Law 117-167); 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).
(2) Limitation.--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.
(f) NTIA Borrowing Authority.--
(1) In general.--Subject to the limitation under paragraph
(2), not later than 90 days after the date of enactment of
this Act, the Under Secretary may borrow from the Treasury of
the United States an amount not to exceed $200,000,000 to
carry out the program established under section __92.
(2) Limitation.--The Under Secretary may not use any funds
borrowed under this subsection in a manner that may result in
outlays on or after December 31, 2033.
(g) Reporting Requirement.--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.

Subtitle G--Secure and Trusted Communications Networks Reimbursement
Program

SEC. __71. INCREASE IN LIMITATION ON EXPENDITURE.

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''.

Subtitle H--Next Generation 9-1-1

SEC. __81. FURTHER DEPLOYMENT AND COORDINATION OF NEXT
GENERATION 9-1-1.

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

``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1
IMPLEMENTATION.

``(a) Duties of Under Secretary With Respect to Next
Generation 9-1-1.--
``(1) In general.--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.
``(2) Annual reports.--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.
``(3) Assistance.--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.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--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.
``(B) Submission to congress.--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.
``(2) Modification of plan.--
``(A) Modification.--The Under Secretary, after consulting
with the Administrator, may modify the management plan
developed under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the plan is
modified under 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.

[[Page S3547]]

``(c) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--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.
``(2) Application.--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).
``(3) Coordination required.--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)).
``(4) Criteria.--
``(A) In general.--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.
``(B) Requirements.--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.
``(C) Updates.--The Under Secretary shall update the rules
issued under subparagraph (A) as necessary.
``(5) Grant certifications.--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.
``(6) Condition of grant.--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.
``(7) Penalty for providing false information.--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.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First Responder
Network Authority; or
``(B) to make any payments to a person who has been, for
reasons of national security, prohibited by any entity of the
Federal Government from bidding on a contract, participating
in an auction, or receiving a grant.
``(d) Definitions.--In this section and sections 160 and
161:
``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge'
has the meaning given 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)).
``(2) 9-1-1 request for emergency assistance.--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.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--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;

[[Page S3548]]

``(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.
``(5) Cost related to the training.--The term `cost related
to the training' means--
``(A) actual wages incurred for travel and attendance,
including any necessary overtime pay and backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible 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).
``(7) Emergency communications center.--
``(A) In general.--The term `emergency communications
center' means--
``(i) a facility that--

``(I) is designated to receive a 9-1-1 request for
emergency assistance; and
``(II) performs 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).
``(B) Functions described.--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.
``(8) Emergency response provider.--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).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1424).
``(10) Interoperability.--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.
``(11) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(12) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an Internet Protocol-based system that--
``(A) ensures interoperability;
``(B) is secure;
``(C) employs commonly accepted standards;
``(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.
``(13) Reliability.--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.
``(14) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico,
American Samoa, Guam, the United States Virgin Islands, the
Northern Mariana Islands, and any other territory or
possession of the United States.
``(15) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism
that provides adequate revenues to cover ongoing expenses,
including operations, maintenance, and upgrades.
``(16) Tribe.--The term `Tribe' has the meaning given to
the term `Indian Tribe' in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304(e)).

``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.

``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.

``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.

``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--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.
``(2) Membership.--
``(A) Appointment.--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.
``(B) Diversity of membership.--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.
``(C) Expertise.--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.
``(D) Rank and file members.--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.
``(3) Period of appointment.--
``(A) In general.--Except as provided in subparagraph (B),
a member of the Board shall serve for a 3-year term.
``(B) Removal for cause.--A member of the Board may be
removed for cause upon the determination of the Under
Secretary.
``(4) Vacancies.--A vacancy in the Board shall be filled in
the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the
members of the Board.
``(7) Duty of board to submit recommendations.--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.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Under Secretary only upon
request of the Under Secretary.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(c) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Under Secretary to
seek comment from stakeholders and the public.''.

Subtitle I--Minority Serving Institutions Program

SEC. __91. DEFINITIONS.

In this subtitle:
(1) Broadband.--The term ``broadband'' means broadband--
(A) having--
(i) a speed of not less than--

(I) 100 megabits per second for downloads; and
(II) 20 megabits per second for uploads; and

(ii) a latency sufficient to support reasonably
foreseeable, real-time, interactive applications; and

[[Page S3549]]

(B) with respect to an eligible community, offered with a
low-cost option that is affordable to low- and middle-income
residents of the eligible community, including through the
Affordable Connectivity Program established under section
904(b) of division N of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1752(b)) or any successor program, and a low-
cost program available through a provider.
(2) Covered planning grant.--The term ``covered planning
grant'' means funding made available to an eligible applicant
for the purpose of developing or carrying out a local
broadband plan from--
(A) an administering entity through a subgrant under
section 60304(c)(3)(E) of the Infrastructure Investment and
Jobs Act (47 U.S.C. 1723); or
(B) an eligible entity--
(i) carrying out pre-deployment planning activities under
subparagraph (A) of section 60102(d)(2) of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1702(d)(2)) or carrying
out the administration of the grant under subparagraph (B) of
that Act; or
(ii) carrying out planning activities under section
60102(e)(1)(C)(iii) of the Infrastructure Investment and Jobs
Act (47 U.S.C. 1702(e)(1)(C)(iii)).
(3) Digital equity.--The term ``digital equity'' has the
meaning given the term in section 60302 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1721).
(4) Eligible applicant.--The term ``eligible applicant''
means an organization that does not receive a covered
planning grant and--
(A) is described in section 501(c)(3) of the Internal
Revenue Code of 1986 and is exempt from taxation under
section 501(a) of that Code;
(B) has a mission that is aligned with advancing digital
equity;
(C) has relevant experience and expertise supporting
eligible community anchor institutions to engage in the
planning for the expansion and adoption of reliable and
affordable broadband and deployment of broadband, and the
advancement of digital equity--
(i) on campus at those institutions; and
(ii) to low-income residents in eligible communities with
respect to those institutions; and
(D) employs staff with expertise in the development of
broadband plans, the construction of internet infrastructure,
or the design and delivery of digital equity programs,
including through the use of contractors and consultants,
except that the employment of the staff does not rely solely
on outsourced contracts.
(5) Eligible community.--The term ``eligible community''
means a community that--
(A) is located--
(i) within a census tract any portion of which is not more
than 15 miles from an eligible community anchor institution;
and
(ii) with respect to a Tribal College or University located
on land held in trust by the United States--

(I) not more than 15 miles from the Tribal College or
University; or
(II) within a maximum distance established by the Under
Secretary, in consultation with the Secretary of the
Interior, to ensure that the area is statistically comparable
to other areas described in clause (i); and

(B) has an estimated median annual household income of not
more than 250 percent of the poverty line, as defined in
section 673 of the Community Services Block Grant Act (42
U.S.C. 9902).
(6) Eligible community anchor institution.--The term
``eligible community anchor institution'' means a
historically Black college or university, a Tribal College or
University, or a Minority-serving institution.
(7) Eligible entity.--The term ``eligible entity'' has the
meaning given the term in section 60102 of the Infrastructure
Investment and Jobs Act (47 U.S.C. 1702).
(8) Historically black college or university; tribal
college or university; minority-serving institution.--The
terms ``historically Black college or university'', ``Tribal
College or University'', and ``Minority-serving institution''
have the meanings given those terms in section 902(a) of
title IX of division N of the Consolidated Appropriations
Act, 2021 (47 U.S.C. 1306(a)), and include an established
fiduciary of such educational institution, such as an
affiliated foundation, or a district or State system
affiliated with such educational institution.
(9) Improper payments.--The term ``improper payments'' has
the meaning given the term in section 3351 of title 31,
United States Code.
(10) Local broadband plan.--The term ``local broadband
plan'' means a plan developed pursuant to section __92(c).
(11) Program.--The term ``Program'' means the pilot program
established under section __92(a).

SEC. __92. PROGRAM.

(a) Establishment.--The Under Secretary, acting through the
head of the Office of Minority Broadband Initiatives, shall
use the amounts borrowed under section __62(f) to establish
within the National Telecommunications and Information
Administration a pilot program for the purposes described in
subsection (c) of this section, provided that not more than 6
percent of the amounts used to establish the pilot program
may be used for salary, expenses, administration, and
oversight with respect to the pilot program.
(b) Authority.--The Under Secretary may use funding
mechanisms, including grants, cooperative agreements, and
contracts, for the effective implementation of the Program.
(c) Purposes.--Funding made available under the Program
shall enable an eligible applicant to work with an eligible
community anchor institution, and each eligible community
with respect to the eligible community anchor institution, to
develop a local broadband plan to--
(1) identify barriers to broadband deployment and adoption
in order to expand the availability and adoption of broadband
at the eligible community anchor institution and within each
such eligible community;
(2) advance digital equity at the eligible community anchor
institution and within each such eligible community; and
(3) help each such eligible community to prepare
applications for funding from multiple sources, including
from--
(A) the various programs authorized under the
Infrastructure Investment and Jobs Act (Public Law 117-58;
135 Stat. 429); and
(B) other Federal, State, and Tribal sources of funding for
broadband deployment, affordable broadband internet service,
or digital equity.
(d) Contents of Local Broadband Plan.--A local broadband
plan shall--
(1) be developed in coordination with stakeholder
representatives; and
(2) with respect to support for infrastructure funding--
(A) reflect an approach that is performance-based and does
not favor any particular technology, provider, or type of
provider; and
(B) include--
(i) a description of the demographic profile of each
applicable eligible community;
(ii) an assessment of the needs of each applicable eligible
community, including with respect to digital literacy,
workforce development, and device access needs;
(iii) a summary of current (as of the date of the most
current data published by the Commission) service providers
operating in each applicable eligible community and the
broadband offerings and related services in each applicable
eligible community;
(iv) an estimate of capital and operational expenditures
for the course of action recommended in the local broadband
plan;
(v) a preliminary implementation schedule for the
deployment of broadband required under the local broadband
plan; and
(vi) a summary of the potential employment, development,
and revenue creation opportunities for the eligible community
anchor institution and each applicable eligible community.
(e) Application.--
(1) In general.--To be eligible to receive funding under
the Program, an applicant that is an eligible applicant shall
submit to the Under Secretary, acting through the head of the
Office of Minority Broadband Initiatives, an application
containing--
(A) the name and mailing address of the applicant;
(B) the name and email address of the point of contact for
the applicant;
(C) documentation providing evidence that the applicant is
an eligible applicant;
(D) a summary description of the proposed approach that the
applicant will take to expand the availability and adoption
of broadband;
(E) an outline or sample of the proposed local broadband
plan with respect to the funds;
(F) a draft proposal for carrying out the local broadband
plan with respect to the funds, describing with specificity
how funds will be used;
(G) a summary of past performance in which the applicant
created plans similar to the local broadband plan for
communities similar to each applicable eligible community;
(H) a description of the approach the applicant will take
to engage each applicable eligible community and the
applicable eligible community anchor institution and report
outcomes relating to that engagement;
(I) a description of how the applicant will meet the short-
term and long-term goals described in subsection (h)(2)(A);
and
(J) a certification that the applicant is not a recipient
of a covered planning grant.
(2) Deadlines.--The Under Secretary, acting through the
head of the Office of Minority Broadband Initiatives, shall
publish a notice for the Program not later than 60 days after
the date of enactment of this Act.
(f) Selection Criteria.--When selecting an eligible
applicant to receive funding under the Program, the Under
Secretary may give preference or priority to an eligible
applicant, the application of which, if awarded, would enable
a greater number of eligible communities to be served.
(g) Report.--
(1) In general.--Not later than 540 days after the date of
enactment of this Act, the Under Secretary, acting through
the head of the Office of Minority Broadband Initiatives,
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, which the
Under Secretary, acting through the head of the Office of
Minority Broadband Initiatives, shall make available to the
public.
(2) Contents.--The report described in paragraph (1) shall
include, for the period covered by the report--
(A) the number of eligible applicants that submitted
applications under the Program;

[[Page S3550]]

(B) the number of eligible applicants that received funding
under the Program;
(C) a summary of the funding amounts made available to
eligible applicants under the Program and the list of
eligible community anchor institutions the eligible
applicants propose to serve;
(D) the number of eligible communities that ultimately
received funding or financing to promote broadband adoption
and to deploy broadband in the eligible community under the
Program;
(E) information determined necessary by the Under Secretary
to measure progress toward the goals described in subsection
(h)(2)(A) and assess whether the goals described in that
subsection are being met; and
(F) an identification of each eligible applicant that
received funds through the Program and a description of the
progress each eligible applicant has made toward
accomplishing the purpose of the Program, as described in
subsection (c).
(h) Public Notice; Requirements.--
(1) Public notice.--Not later than 90 days after the date
on which the Under Secretary provides public notice of the
Program, the Under Secretary, in consultation with the head
of the Office of Minority Broadband Initiatives, shall issue
the Notice of Funding Opportunity governing the Program.
(2) Requirements.--In the notice required under paragraph
(1), the Under Secretary shall--
(A) establish short-term and long-term goals for eligible
applicants that receive funds under the Program;
(B) establish performance metrics by which to evaluate
whether an eligible applicant has met the goals described in
subparagraph (A); and
(C) identify the selection criteria described in subsection
(f) that the Under Secretary will use to award funds under
the Program if demand for funds under the Program exceeds the
amount appropriated for carrying out the Program.
(i) Oversight.--
(1) Audits.--The Inspector General of the Department of
Commerce (referred to in this subsection as the ``Inspector
General'') shall conduct an audit of the Program in order
to--
(A) ensure that eligible applicants use funds awarded under
the Program in accordance with--
(i) the requirements of this subtitle; and
(ii) the purposes of the Program, as described in
subsection (c); and
(B) prevent waste, fraud, abuse, and improper payments.
(2) Revocation of funds.--The Under Secretary shall revoke
funds awarded to an eligible applicant that is not in
compliance with the requirements of this section or the
purposes of the Program, as described in subsection (c).
(3) Audit findings.--Each finding of waste, fraud, abuse,
or an improper payment by the Inspector General in an audit
under paragraph (1) shall include the following:
(A) The name of the eligible applicant.
(B) The amount of funding made available under the Program
to the eligible applicant.
(C) The amount of funding determined to be an improper
payment made to an eligible applicant involved in the waste,
fraud, abuse, or improper payment.
(4) Notification of audit findings.--Not later than 7 days
after the date of a finding described under paragraph (3),
the Inspector General 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 the information
described in that paragraph.
(5) Fraud risk management.--In issuing rules under this
subsection, the Under Secretary shall--
(A) designate an entity within the Program office to lead
fraud risk management activities;
(B) ensure the entity designated under subparagraph (A) has
defined responsibilities and the necessary authority to serve
its role;
(C) conduct risk-based monitoring and evaluation of fraud
risk management activities with a focus on outcome
measurement;
(D) collect and analyze data from 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 anti-fraud
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 anti-fraud strategy described in subparagraph (G).

Subtitle J--Modernizing the Affordable Connectivity Program

SEC. __01A. MODERNIZING THE AFFORDABLE CONNECTIVITY PROGRAM.

(a) Eligibility.--
(1) Limitation on eligibility through the community
eligibility provision of the free lunch program and the free
school breakfast program.--Section 904(a)(6) of division N of
the Consolidated Appropriations Act, 2021 (47 U.S.C.
1752(a)(6)) is amended by striking subparagraph (B) and
inserting the following:
``(B) at least one member of the household--
``(i) is eligible for and receives--

``(I) a free or reduced price lunch under the school lunch
program established under the Richard B. Russell National
School Lunch Act (42 U.S.C. 1751 et seq.); or
``(II) a free or reduced price breakfast under the school
breakfast program established under section 4 of the Child
Nutrition Act of 1966 (42 U.S.C. 1773); and

``(ii) attends a school the local educational agency of
which does not elect to receive special assistance payments
under section 11(a)(1)(F) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1759a(a)(1)(F)) with respect to
the school;''.
(2) Effective date.--
(A) In general.--The amendments made by this subsection
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(B) Updating rules.--Not later than 180 days after the date
of enactment of this Act, the Commission shall update the
rules of the Commission relating to the program carried out
under section 904 of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752) (referred to in
this paragraph as the ``Affordable Connectivity Program'') to
implement the amendments made by this subsection.
(C) Re-verification.--Not later than 60 days after the date
of enactment of this Act, a participating provider, as
defined in section 904(a) of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752(a)), shall re-verify
the eligibility of a household with respect to the Affordable
Connectivity Program based on the amendments made by this
subsection.
(b) Repeal of Affordable Connectivity Program Device
Subsidy.--Section 904 of division N of the Consolidated
Appropriations Act, 2021 (47 U.S.C. 1752) is amended--
(1) in subsection (a)--
(A) by striking paragraph (4); and
(B) by redesignating paragraphs (5) through (11) as
paragraphs (4) through (10), respectively; and
(2) in subsection (b)--
(A) in paragraph (1), by striking ``, or an affordable
connectivity benefit and a connected device,'';
(B) by striking paragraph (5);
(C) by redesignating paragraphs (6) through (15) as
paragraphs (5) through (14), respectively;
(D) in paragraph (5), as so redesignated--
(i) in the matter preceding subparagraph (A), by striking
``or (5)'';
(ii) by striking subparagraph (B); and
(iii) by redesignating subparagraph (C) as subparagraph
(B);
(E) in paragraph (11), as so redesignated--
(i) in subparagraph (D), by striking ``a connected device
or a reimbursement for'';
(ii) by striking subparagraph (E); and
(iii) by redesignating subparagraphs (F) and (G) as
subparagraphs (E) and (F), respectively; and
(F) in paragraph (13), as so redesignated, by striking
``paragraph (12)'' and inserting ``paragraph (11)''.
______