,,ib ,union ,calendar ,no4 #ebf #aahth ,,congress #b;d ,session ,h4 ,r4 #cefe ,report ,no4 #aah-fbi1 ,part ,i ,,in ,,the ,,house ,,of ,,representatives ,may #bb1 #bjbc,mrs4 ,rodgers of ,washington 7for herself and ,mr4 ,pallone7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,armed ,services1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,august #ac1 #bjbd;,additional sponsors3 ,mrs4 ,lesko1 ,mr4 ,thanedar1 and ,mr4 ,nickel ,august #ac1 #bjbd,reported from the ,committee on ,energy and ,commerce with an amendment,strike out all after the enacting clause and insert the part printed in italic ,august #ac1 #bjbd;,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed,for text of introduced bill1 see copy of bill as introduced on ,may #bb1 #bjbc ,a ,,bill ,to authorize the ,federal ,communications ,commission to use a system of competitive bidding to grant a license or a permit for use of electromagnetic spectrum and to direct proceeds from such a system of competitive bidding for communications and technology initiatives1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,spectrum ,auction ,reauthorization ,act of #bjbc4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,title ,i--,spectrum ,innovation,sec4 #aja4 ,spectrum auctions and innovation4,title ,,ii--,secure and ,trusted ,communications ,networks ,reimbursement ,program,sec4 #bja4 ,increase in limitation on expenditure4,title ,,iii--,next ,generation #i-a-a ,sec4 #cja4 ,further deployment and coordination of ,next ,generation #i-a-a4,title ,,iv--,incumbent ,informing ,capability ,sec4 #dja4 ,incumbent informing capability4,title ,v--,reauthorization of ,,fcc ,auction ,authority,sec4 #eja4 ,reauthorization of ,,fcc auction authority4,title ,,vi--,spectrum ,auction ,trust ,fund,sec4 #fja4 ,deposit of proceeds4,sec4 #fjb4 ,spectrum ,auction ,trust ,fund4,title ,,vii--,creation of a ,spectrum ,pipeline,sec4 #gja4 ,creation of a spectrum pipeline4,title ,,viii--,improving ,spectrum ,management,sec4 #hja4 ,improving spectrum management4,title ,,ix--,minority ,serving ,institutions ,program,sec4 #ija4 ,definitions4,sec4 #ijb4 ,program4 ,i ,spectrum ,innovation #aja4 ,spectrum auctions and innovation 7a7 #c4a-c4de ,g,hz band 7#a7 ,definitions ,section #ijjjh7;a7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #iba note7 is amended-- 7,a7 by redesignating paragraph 7#c7 as paragraph 7#d72 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 ,federal entity ,the term ,federal entity has the meaning given such term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 2 and 7,c7 by adding at the end the following3 7#e7 ,relocation or sharing costs ,the term relocation or sharing costs has the meaning given such term in section #aac7;g77#c7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#c774 7#f7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 4 7#b7 ,promoting wireless innovation ,section #ijjjh7;b7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #iba note7 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,a77i71 by striking for shared ,federal and non-,federal commercial licensed use2 and and inserting for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof2 and2 7ii7 in subparagraph 7,b7-- 7,i7 by striking ,section and inserting the following3 7i7 ,in general ,section 2 7,,ii7 in clause 7i71 as so designated1 by striking the payment required under subparagraph 7,a7 and inserting payments made under subparagraph 7,a7 before the date of the enactment of the ,spectrum ,auction ,reauthorization ,act of #bjbc2 and 7,,iii7 by adding at the end the following3 7ii7 ,accounting plan ,the ,secretary of ,defense shall submit a report to the ,secretary of ,commerce and the ,director of the ,office of ,management and ,budget not later than #ij days after the date of the enactment of the ,spectrum ,auction ,reauthorization ,act of #bjbc1 in accordance with section #aah7;g77#b77;,d77i77,i7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77;,d77i77,i771 describing the activities for which the ,department of ,defense has used1 is using1 and will use payments made under subparagraph 7,a7 before the date of the enactment of the ,spectrum ,auction ,reauthorization ,act of #bjbc4 ,the ,secretary of ,commerce1 acting through the ,assistant ,secretary1 and the ,director of the ,office of ,management and ,budget shall continuously review and provide an accounting of the activities carried out using the payments made under subparagraph 7,a74 2 7iii7 by amending subparagraph 7,c7 to read as follows3 7,c7 ,report to ,secretary of ,commerce ,for purposes of paragraph 7#b77;,a71 the ,secretary of ,defense1 in coordination with the heads of other relevant ,federal agencies who receive funds under subparagraph 7,d7 of this paragraph1 shall1 not later than ,september #cj1 #bjbc1 report to the ,secretary of ,commerce the findings of the planning activities described in subparagraph 7,a7 of this paragraph1 and detail frequencies in the covered band for identification by the ,secretary of ,commerce under paragraph 7#b74 2 and 7iv7 by adding at the end the following3 7,d7 ,additional payments 7i7 ,in general ,federal entities with operations in the covered band that did not receive a payment under subparagraph 7,a7 and that the ,assistant ,secretary determines might be affected by reallocation of the covered band may request a payment under section #aah7;g77#b77;,a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77;,a77 in order to make available the entire covered band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 ,total awards under this clause shall not exceed #be1jjj1jjj4 7ii7 ,exemptions ,subparagraphs 7,c77ii7 and 7,d77ii7 of section #aah7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77 shall not apply with respect to a payment made under clause 7i74 7,e7 ,cooperation ,the ,assistant ,secretary and the ,department of ,defense ,chief ,information ,officer will serve as co-chairs of the ,partnering to ,advance ,trusted and ,holistic ,spectrum ,solutions 7,,pathss7 ,task ,group4 2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,identification 7,a7 ,in general ,not later than ,june #ae1 #bjbe1 informed by the report required under paragraph 7#a77;,c71 the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense1 the ,director of the ,office of ,science and ,technology ,policy1 and the ,commission1 shall submit to the ,president1 the ,commission1 and the relevant congressional committees a report that identifies #cej megahertz of frequencies in the covered band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 7,b7 ,determination in case of risk to national security ,if the ,secretary of ,defense believes reallocation of the frequencies identified by the ,secretary of ,commerce under subparagraph 7,a7 poses an unacceptable risk to the national security of the ,united ,states1 the ,secretary of ,defense shall inform the ,president1 as the ,commander in ,chief under ,article ,,ii1 ,section #b of the ,united ,states ,constitution1 and the ,president shall make a final determination regarding which frequencies could feasibly be reallocated for the purposes of that subparagraph4 2 7,c7 by amending paragraph 7#c7 to read as follows3 7#c7 ,auction 7,a7 ,in general ,not later than ,january #ae1 #bjbh1 the ,commission1 in coordination with the ,assistant ,secretary1 shall commence a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 in accordance with paragraph 7#b7 of this subsection1 of the frequencies identified under such paragraph as suitable for a system of competitive bidding4 7,b7 ,prohibition ,no entity that produces or provides any covered communications equipment or service 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh771 or any affiliate 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec77 of such an entity1 may participate in the system of competitive bidding required by subparagraph 7,a74 7,c7 ,scope ,the ,commission may not include in the system of competitive bidding required by subparagraph 7,a7 any frequencies that are not in the covered band4 2 and 7,d7 by amending paragraph 7#d7 to read as follows3 7#d7 ,modification or withdrawal of ,federal entity licenses 7,a7 ,in general ,the ,president1 acting through the ,assistant ,secretary1 shall-- 7i7 begin the process of modifying or withdrawing any assignment to a ,federal ,government station of the frequencies identified under paragraph 7#b7 to accommodate non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof in accordance with that paragraph not later than ,december #ae1 #bjbg2 and 7ii7 not later than #cj days after completing any necessary withdrawal or modification under clause 7i71 notify the ,commission that the withdrawal or modification is complete4 7,b7 ,limitations ,the ,president may not modify or withdraw any assignment to a ,federal ,government station as described in subparagraph 7,a7-- 7i7 unless the ,president determines that such modification or withdrawal will not pose an unacceptable risk to the national security of the ,united ,states2 and 7ii7 before ,november #cj1 #bjbd4 4 7b7 ,,fcc auction authority 7#a7 ,termination ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by striking except that and all that follows and inserting except that with respect to the electromagnetic spectrum identified as suitable for a system of competitive bidding under section #ijjjh7;b77#b7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #iba note71 such authority shall expire on the date that is #g years after ,november #ae1 #bjba44 7#b7 ,spectrum ,pipeline ,act of #bjae ,section #ajjd of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fba2 #dg ,u4,s4,c4 #iba note7 is amended-- 7,a7 in subsection 7a71 by striking #bjbb and inserting #bjbd2 7,b7 in subsection 7b77#a71 by striking #bjbb and inserting #bjbd2 and 7,c7 in subsection 7c77#a77;,b71 by striking #bjbd and inserting #bjbf4 7c7 ,rule of construction ,nothing in this section or the amendments made by this section shall be construed to alter or impede the activities authorized to be conducted using the payment required by section #ijjjh7;b77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #acdh2 #dg ,u4,s4,c4 #iba note71 as such section was in effect on the day before the date of the enactment of this ,act1 if the ,assistant ,secretary of ,commerce for ,communications and ,information determines that such activities are conducted in accordance with section #ijjjh of the ,infrastructure ,investment and ,jobs ,act1 as amended by this section4 ,nothing in this subsection shall be construed to affect any requirement under section #ajfb7;b7 of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjjj 7#dg ,u4,s4,c4 #iba note2 ,public ,law #ajf-fe74 7d7 ,savings clause ,nothing in this section1 or any amendment made by this section1 shall be construed to alter the authorities of the ,assistant ,secretary of ,commerce for ,communications and ,information in the spectrum management process as provided in the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq474 ,,ii ,secure and ,trusted ,communications ,networks ,reimbursement ,program #bja4 ,increase in limitation on expenditure ,section #d7k7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjc7k77 is amended by striking #a1ijj1jjj1jjj and inserting #d1ihj1jjj1jjj4 ,,iii ,next ,generation #i-a-a #cja4 ,further deployment and coordination of ,next ,generation #i-a-a ,part ,c of the ,national ,telecommunications and ,information ,administration ,organization ,act is amended by adding at the end the following3 #aei4 ,coordination of ,next ,generation #i-a-a implementation 7a7 ,duties of ,assistant ,secretary with respect to ,next ,generation #i-a-a 7#a7 ,in general ,the ,assistant ,secretary1 after consulting with the ,administrator1 shall-- 7,a7 take actions1 in coordination with ,state points of contact described under subsection 7c77#c77;,a77ii7 as applicable1 to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a2 7,b7 develop1 collect1 and disseminate information concerning the practices1 procedures1 and technology used in the implementation of ,next ,generation #i-a-a2 7,c7 advise and assist eligible entities in the preparation of implementation plans required under subsection 7c77#c77;,a77iii72 7,d7 provide technical assistance to eligible entities provided a grant under subsection 7c7 in support of efforts to explore efficiencies related to ,next ,generation #i-a-a2 7,e7 review and approve or disapprove applications for grants under subsection 7c72 and 7,f7 oversee the use of funds provided by such grants in fulfilling such implementation plans4 7#b7 ,annual reports ,not later than ,october #a1 #bjbd1 and each year thereafter until funds made available to make grants under subsection 7c7 are no longer available to be expended1 the ,assistant ,secretary shall submit to ,congress a report on the activities conducted by the ,assistant ,secretary under paragraph 7#a7 in the year preceding the submission of the report4 7#c7 ,assistance ,the ,assistant ,secretary may seek the assistance of the ,administrator in carrying out the duties described in subparagraphs 7,a7 through 7,d7 of paragraph 7#a7 as the ,assistant ,secretary determines necessary4 7b7 ,additional duties 7#a7 ,management plan 7,a7 ,development ,the ,assistant ,secretary1 after consulting with the ,administrator1 shall develop a management plan for the grant program established under this section1 including by developing-- 7i7 plans related to the organizational structure of such program2 and 7ii7 funding profiles for each fiscal year of the duration of such program4 7,b7 ,submission to congress ,not later than #ahj days after the date of the enactment of this section1 the ,assistant ,secretary shall-- 7i7 submit the management plan developed under subparagraph 7,a7 to-- 7,i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7,,ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives2 7ii7 publish the management plan on the website of the ,national ,telecommunications and ,information ,administration2 and 7iii7 provide the management plan to the ,administrator for the purpose of publishing the management plan on the website of the ,national ,highway ,traffic ,safety ,administration4 7#b7 ,modification of plan 7,a7 ,modification ,the ,assistant ,secretary1 after consulting with the ,administrator1 may modify the management plan developed under paragraph 7#a77;,a74 7,b7 ,submission ,not later than #ij days after the plan is modified under subparagraph 7,a71 the ,assistant ,secretary shall-- 7i7 submit the modified plan to-- 7,i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7,,ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives2 7ii7 publish the modified plan on the website of the ,national ,telecommunications and ,information ,administration2 and 7iii7 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 ,administration4 7c7 ,next generation #i-a-a implementation grants 7#a7 ,grants ,the ,assistant ,secretary shall provide grants to eligible entities for-- 7,a7 implementing ,next ,generation #i-a-a2 7,b7 maintaining ,next ,generation #i-a-a2 7,c7 training directly related to implementing1 maintaining1 and operating ,next ,generation #i-a-a if the cost related to the training does not exceed-- 7i7 #c percent of the total grant award for eligible entities that are not ,tribes2 and 7ii7 #e percent of the total grant award for eligible entities that are ,tribes2 7,d7 public outreach and education on how the public can best use ,next ,generation #i-a-a and the capabilities and usefulness of ,next ,generation #i-a-a2 7,e7 administrative costs associated with planning of ,next ,generation #i-a-a1 including any cost related to planning for and preparing an application and related materials as required by this subsection1 if-- 7i7 the cost is fully documented in materials submitted to the ,assistant ,secretary2 and 7ii7 the cost is reasonable1 necessary1 and does not exceed-- 7,i7 #a percent of the total grant award for eligible entities that are not ,tribes2 and 7,,ii7 #b percent of the total grant award for eligible entities that are ,tribes2 and 7,f7 costs associated with implementing cybersecurity measures at emergency communications centers or with respect to ,next ,generation #i-a-a4 7#b7 ,application ,in providing grants under paragraph 7#a71 the ,assistant ,secretary1 after consulting with the ,administrator1 shall require an eligible entity to submit to the ,assistant ,secretary an application1 at the time and in the manner determined by the ,assistant ,secretary1 and containing the certification required by paragraph 7#c74 7#c7 ,coordination required ,each eligible entity shall include in the application required by paragraph 7#b7 a certification that-- 7,a7 in the case of an eligible entity that is a ,state1 the entity-- 7i7 has coordinated the application with the emergency communications centers located within the jurisdiction of the entity2 7ii7 has designated a single officer or governmental body to serve as the ,state point of contact to coordinate the implementation of ,next ,generation #i-a-a for that ,state1 except that such designation need not vest such officer or governmental body with direct legal authority to implement ,next ,generation #i-a-a or to manage emergency communications operations2 and 7iii7 has developed and submitted a plan for the coordination and implementation of ,next ,generation #i-a-a that-- 7,i7 ensures interoperability by requiring the use of commonly accepted standards2 7,,ii7 ensures reliability2 7,,iii7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7,,iv7 incorporates cybersecurity tools1 including intrusion detection and prevention measures2 7,v7 includes strategies for coordinating cybersecurity information sharing between ,federal1 ,state1 ,tribal1 and local government partners2 7,,vi7 uses open and competitive request for proposal processes1 including through shared government procurement vehicles1 for deployment of ,next ,generation #i-a-a2 7,,vii7 documents how input was received and accounted for from relevant rural and urban emergency communications centers1 regional authorities1 local authorities1 and ,tribal authorities2 7,,viii7 includes a governance body or bodies1 either by creation of new1 or use of existing1 body or bodies1 for the development and deployment of ,next ,generation #i-a-a that-- 7aa7 ensures full notice and opportunity for participation by relevant stakeholders2 and 7bb7 consults and coordinates with the ,state point of contact required by clause 7ii72 7,,ix7 creates efficiencies related to ,next ,generation #i-a-a functions1 including cybersecurity and the virtualization and sharing of infrastructure1 equipment1 and services2 and 7,x7 utilizes an effective1 competitive approach to establishing authentication1 credentialing1 secure connections1 and access in deploying ,next ,generation #i-a-a1 including by-- 7aa7 requiring certificate authorities to be capable of cross-certification with other authorities2 7bb7 avoiding risk of a single point of failure or vulnerability2 and 7cc7 adhering to ,federal agency best practices such as those promulgated by the ,national ,institute of ,standards and ,technology2 and 7,b7 in the case of an eligible entity that is a ,tribe1 the ,tribe has complied with clauses 7i7 and 7iii7 of subparagraph 7,a74 7#d7 ,criteria 7,a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,assistant ,secretary1 after consulting with the ,administrator1 shall issue rules1 after providing the public with notice and an opportunity to comment1 prescribing the criteria for selecting eligible entities for grants under this subsection4 7,b7 ,requirements ,the criteria shall-- 7i7 include performance requirements and a schedule for completion of any project to be financed by a grant under this subsection2 and 7ii7 specifically permit regional or multi-,state applications for funds4 7,c7 ,updates ,the ,assistant ,secretary shall update such rules as necessary4 7#e7 ,grant certifications ,each eligible entity shall certify to the ,assistant ,secretary at the time of application for a grant under this subsection1 and each eligible entity that receives such a grant shall certify to the ,assistant ,secretary annually thereafter during any period of time the funds from the grant are available to the eligible entity1 that-- 7,a7 beginning on the date that is #ahj days before the date on which the application is filed1 no portion of any #i-a-a fee or charge imposed by the eligible entity 7or in the case that the eligible entity is not a ,state or ,tribe1 any ,state or taxing jurisdiction within which the eligible entity will carry out1 or is carrying out1 activities using grant funds7 are obligated or expended for a purpose or function not designated under the rules issued pursuant to section #f7;f77#c7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c77 7as such rules are in effect on the date on which the eligible entity makes the certification7 as acceptable2 7,b7 any funds received by the eligible entity will be used1 consistent with paragraph 7#a71 to support the deployment of ,next ,generation #i-a-a that ensures reliability and interoperability1 by requiring the use of commonly accepted standards2 7,c7 the eligible entity 7or in the case that the eligible entity is not a ,state or ,tribe1 any ,state or taxing jurisdiction within which the eligible entity will carry out or is carrying out activities using grant funds7 has established1 or has committed to establish not later than #c years following the date on which the grant funds are distributed to the eligible entity-- 7i7 a sustainable funding mechanism for ,next ,generation #i-a-a2 and 7ii7 effective cybersecurity resources for ,next ,generation #i-a-a2 7,d7 the eligible entity will promote interoperability between emergency communications centers deploying ,next ,generation #i-a-a and emergency response providers1 including users of the nationwide public safety broadband network2 7,e7 the eligible entity has or will take steps to coordinate with adjoining ,states and ,tribes to establish and maintain ,next ,generation #i-a-a2 and 7,f7 the eligible entity has developed a plan for public outreach and education on how the public can best use ,next ,generation #i-a-a and on the capabilities and usefulness of ,next ,generation #i-a-a4 7#f7 ,condition of grant ,each eligible entity shall agree1 as a condition of receipt of a grant under this subsection1 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 7#e71 during any period of time during which the funds from the grant are available to the eligible entity1 all of the funds from such grant shall be returned to the ,assistant ,secretary4 7#g7 ,penalty for providing false information ,any eligible entity that provides a certification under paragraph 7#e7 knowing that the information provided in the certification was false shall-- 7,a7 not be eligible to receive the grant under this subsection2 7,b7 return any grant awarded under this subsection2 and 7,c7 not be eligible to receive any subsequent grants under this subsection4 7#h7 ,prohibition ,grant funds provided under this subsection may not be used-- 7,a7 to support any activity of the ,first ,responder ,network ,authority2 or 7,b7 to make any payments to a person who has been1 for reasons of national security1 prohibited by any entity of the ,federal ,government from bidding on a contract1 participating in an auction1 or receiving a grant4 7d7 ,definitions ,in this section and sections #afj and #afa3 7#a7 #i-a-a fee or charge ,the term #i-a-a fee or charge has the meaning given such term in section #f7;f77#c77;,d7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c77;,d774 7#b7 #i-a-a request for emergency assistance ,the term #i-a-a request for emergency assistance means a communication1 such as voice1 text1 picture1 multimedia1 or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance4 7#c7 ,administrator ,the term ,administrator means the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7#d7 ,commonly accepted standards ,the term commonly accepted standards means the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity that-- 7,a7 enable interoperability2 and 7,b7 are-- 7i7 developed and approved by a standards development organization that is accredited by an ,american standards body 7such as the ,american ,national ,standards ,institute7 or an equivalent international standards body in a process-- 7,i7 that is open to the public1 including open for participation by any person2 and 7,,ii7 provides for a conflict resolution process2 7ii7 subject to an open comment and input process before being finalized by the standards development organization2 7iii7 consensus-based2 and 7iv7 made publicly available once approved4 7#e7 ,cost related to the training ,the term cost related to the training means-- 7,a7 actual wages incurred for travel and attendance1 including any necessary overtime pay and backfill wage2 7,b7 travel expenses2 7,c7 instructor expenses2 or 7,d7 facility costs and training materials4 7#f7 ,eligible entity ,the term eligible entity-- 7,a7 means-- 7i7 a ,state or a ,tribe2 or 7ii7 an entity1 including a public authority1 board1 or commission1 established by one or more entities described in clause 7i72 and 7,b7 does not include any entity that has failed to submit the certifications required under subsection 7c77#e74 7#g7 ,emergency communications center 7,a7 ,in general ,the term emergency communications center means-- 7i7 a facility that-- 7,i7 is designated to receive a #i-a-a request for emergency assistance2 and 7,,ii7 performs one or more of the functions described in subparagraph 7,b72 or 7ii7 a public safety answering point1 as defined in section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb74 7,b7 ,functions described ,the functions described in this subparagraph are the following3 7i7 ,processing and analyzing #i-a-a requests for emergency assistance and information and data related to such requests4 7ii7 ,dispatching appropriate emergency response providers4 7iii7 ,transferring or exchanging #i-a-a requests for emergency assistance and information and data related to such requests with one or more other emergency communications centers and emergency response providers4 7iv7 ,analyzing any communications received from emergency response providers4 7v7 ,supporting incident command functions4 7#h7 ,emergency response providers ,the term emergency response providers has the meaning given that term under section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 7#i7 ,first responder network authority ,the term ,first ,responder ,network ,authority means the authority established under #fbjd of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adbd74 7#aj7 ,interoperability ,the term interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and information and data related to such requests1 such as location information and callback numbers from a person initiating the request1 then process and share the #i-a-a 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 jurisdiction1 equipment1 device1 software1 service provider1 or other relevant factors4 7#aa7 ,nationwide public safety broadband network ,the term nationwide public safety broadband network has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja74 7#ab7 ,next ,generation #i-a-a ,the term ,next ,generation #i-a-a means an ,internet ,protocol-based system that-- 7,a7 ensures interoperability2 7,b7 is secure2 7,c7 employs commonly accepted standards2 7,d7 enables emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7,e7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 and 7,f7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 7#ac7 ,reliability ,the term reliability means the employment of sufficient measures to ensure the ongoing operation of ,next ,generation #i-a-a including through the use of geo-diverse1 device- and network-agnostic elements that provide more than one route between end points with no common points where a single failure at that point would cause all to fail4 7#ad7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7#ae7 ,sustainable funding mechanism ,the term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses1 including operations1 maintenance1 and upgrades4 7#af7 ,tribe ,the term ,tribe has the meaning given to the term ,indian ,tribe in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 #afj4 ,establishment of nationwide next generation #i-a-a cybersecurity center ,the ,assistant ,secretary1 after consulting with the ,administrator and the ,director of the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security1 shall establish a ,next ,generation #i-a-a ,cybersecurity ,center to coordinate with ,state1 local1 and regional governments on the sharing of cybersecurity information about1 the analysis of cybersecurity threats to1 and guidelines for strategies to detect and prevent cybersecurity intrusions relating to ,next ,generation #i-a-a4 #afa4 ,next generation #i-a-a advisory board 7a7 ,next generation #i-a-a advisory board 7#a7 ,establishment ,the ,assistant ,secretary shall establish a ,public ,safety ,next ,generation #i-a-a ,advisory ,board 7in this section referred to as the ,board7 to provide recommendations to the ,assistant ,secretary-- 7,a7 with respect to carrying out the duties and responsibilities of the ,assistant ,secretary in issuing the rules required under section #aei7;c77#d72 7,b7 as required by paragraph 7#g72 and 7,c7 upon request under paragraph 7#h74 7#b7 ,membership 7,a7 ,voting members ,not later than #aej days after the date of the enactment of this section1 the ,assistant ,secretary shall appoint #af public safety members to the ,board1 of which-- 7i7 #d members shall represent local law enforcement officials2 7ii7 #d members shall represent fire and rescue officials2 7iii7 #d members shall represent emergency medical service officials2 and 7iv7 #d members shall represent #i-a-a professionals4 7,b7 ,diversity of membership ,members shall be representatives of ,state or ,tribes and local governments1 chosen to reflect geographic and population density differences as well as public safety organizations at the national level across the ,united ,states4 7,c7 ,expertise ,all members shall have specific expertise necessary for developing technical requirements under this section1 such as technical expertise1 and expertise related to public safety communications and #i-a-a services4 7,d7 ,rank and file members ,in making the appointments required by subparagraph 7,a71 the ,assistant ,secretary shall appoint a rank and file member from each of the public safety disciplines listed in clauses 7i7 through 7iv7 of such subparagraph as a member of the ,board and shall select such member from an organization that represents its public safety discipline at the national level4 7#c7 ,period of ,appointment 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,board shall serve for a #c-year term4 7,b7 ,removal for cause ,a member of the ,board may be removed for cause upon the determination of the ,assistant ,secretary4 7#d7 ,vacancies ,any vacancy in the ,board shall be filled in the same manner as the original appointment4 7#e7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 7#f7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the voting members of the ,board4 7#g7 ,duty of board to submit recommendations ,not later than #abj days after all members of the ,board are appointed under paragraph 7#b71 the ,board shall submit to the ,assistant ,secretary recommendations for-- 7,a7 deploying ,next ,generation #i-a-a in rural and urban areas2 7,b7 ensuring flexibility in guidance1 rules1 and grant funding to allow for technology improvements2 7,c7 creating efficiencies related to ,next ,generation #i-a-a1 including cybersecurity and the virtualization and sharing of core infrastructure2 7,d7 enabling effective coordination among ,state1 local1 ,tribal1 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 #aei7;c77#c77;,a77iii72 and 7,e7 incorporating existing cybersecurity resources to ,next ,generation #i-a-a procurement and deployment4 7#h7 ,authority to provide additional recommendations ,except as provided in paragraphs 7#a7 and 7#g71 the ,board may provide recommendations to the ,assistant ,secretary only upon request of the ,assistant ,secretary4 7#i7 ,duration of authority ,the ,board shall terminate on the date on which funds made available to make grants under section #aei7;c7 are no longer available to be expended4 7b7 ,rule of construction ,nothing in this section may be construed as limiting the authority of the ,assistant ,secretary to seek comment from stakeholders and the public4 4 ,,iv ,incumbent ,informing ,capability #dja4 ,incumbent informing capability 7a7 ,in general ,part ,b of the ,national ,telecommunications and ,information ,administration ,organization ,act is amended by adding at the end the following3 #abj4 ,incumbent informing capability 7a7 ,in general ,the ,assistant ,secretary shall-- 7#a7 not later than #abj days after the date of the enactment of this section1 begin to amend the ,department of ,commerce spectrum management document entitled ,manual of ,regulations and ,procedures for ,federal ,radio ,frequency ,management so as to incorporate an incumbent informing capability2 and 7#b7 not later than #ij days after the date of the enactment of this section1 begin to implement such capability1 including the development and testing of such capability4 7b7 ,establishment of the incumbent informing capability 7#a7 ,in general ,the incumbent informing capability required by subsection 7a7 shall include a system to enable sharing1 including time-based sharing and coordination1 to securely manage harmful interference between non-,federal users and incumbent ,federal entities sharing a band of covered spectrum and between ,federal entities sharing a band of covered spectrum4 7#b7 ,requirements ,the system required by paragraph 7#a7 shall contain1 at a minimum1 the following3 7,a7 ,one or more mechanisms 7that shall include interfaces to commerce sharing systems1 as appropriate7 to allow non-,federal use in covered spectrum1 as authorized by the rules of the ,commission4 7,b7 ,one or more mechanisms to facilitate ,federal-to-,federal sharing1 as authorized by the ,,ntia4 7,c7 ,one or more mechanisms to prevent1 eliminate1 or mitigate harmful interference to and from incumbent ,federal entities1 including one or more of the following functions3 7i7 ,sensing4 7ii7 ,identification4 7iii7 ,reporting4 7iv7 ,analysis4 7v7 ,resolution4 7,d7 ,dynamic coordination area analysis1 definition1 and control1 if appropriate for a band4 7#c7 ,compliance with commission rules ,the incumbent informing capability required by subsection 7a7 shall ensure that use of covered spectrum is in accordance with the applicable rules of the ,commission4 7#d7 ,input of information ,each incumbent ,federal entity sharing a band of covered spectrum shall-- 7,a7 input into the system required by paragraph 7#a7 such information as the ,assistant ,secretary may require1 including the frequency1 time1 and location of the use of the band by such ,federal entity2 and 7,b7 to the extent practicable1 input such information into such system on an automated basis4 7#e7 ,protection of classified information and controlled unclassified information 7,a7 ,in general ,the system required by paragraph 7#a7 shall contain appropriate measures to protect classified information and controlled unclassified information1 including any such classified information or controlled unclassified information that relates to military operations4 7,b7 ,mechanism ,the ,assistant ,secretary shall develop a mechanism-- 7i7 for information sharing between classified and unclassified databases2 and 7ii7 to address issues of aggregate classification challenges4 7#f7 ,consultation 7,a7 ,federal agencies ,the ,assistant ,secretary shall consult with the heads of other relevant ,federal agencies on the development1 testing1 and implementation of the incumbent informing capability to ensure consideration of the operational and mission requirements of those ,federal agencies4 7,b7 ,stakeholder feedback ,the ,assistant ,secretary shall solicit stakeholder feedback from ,federal and non-,federal users of the incumbent informing capability1 including on-- 7i7 how best to mitigate risks to incumbent ,federal users and missions2 7ii7 which mitigation measures could enable secondary access by non-,federal users to avoid operational impact2 and 7iii7 a process for incumbent ,federal users to share complaints or report harmful mission impact1 including how the impact to ,federal missions would be assessed4 7c7 ,briefing ,not later than #abj days after the date of the enactment of this section1 and annually thereafter1 the ,assistant ,secretary shall provide a briefing on the implementation and operation of the incumbent informing capability to-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7#b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7d7 ,definitions ,in this section3 7#a7 ,covered spectrum ,the term covered spectrum means-- 7,a7 electromagnetic spectrum for which usage rights are assigned to or authorized for 7including before the date on which the incumbent informing capability required by subsection 7a7 is implemented7 a non-,federal user or class of non-,federal users for use on a shared basis with an incumbent ,federal entity in accordance with the rules of the ,commission2 and 7,b7 electromagnetic spectrum allocated on a primary or co-primary basis for ,federal use that is shared among ,federal entities4 7#b7 ,federal entity ,the term ,federal entity has the meaning given such term in section #aac7l74 7#c7 ,incumbent informing capability ,the term incumbent informing capability means a capability to facilitate the sharing of covered spectrum4 7e7 ,rule of construction ,nothing in this section shall be construed to alter or expand the authority of the ,,ntia as described in section #aac7;j77#a74 4 7b7 ,funding ,on the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall transfer #abj1jjj1jjj from the ,spectrum ,relocation ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7 to the ,national ,telecommunications and ,information ,administration for the purpose of establishing the incumbent informing capability under section #abj of such ,act1 as added by subsection 7a74 ,v ,reauthorization of ,,fcc ,auction ,authority #eja4 ,reauthorization of ,,fcc auction authority ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by striking ,march #i1 #bjbc and inserting ,september #cj1 #bjbf4 ,,vi ,spectrum ,auction ,trust ,fund #fja4 ,deposit of proceeds 7a7 ,covered auction defined ,in this title1 the term covered auction means a system of competitive bidding-- 7#a7 conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 as amended by this ,act1 that commences during the period beginning on the date of the enactment of this ,act and ending on ,september #cj1 #bjbf2 7#b7 conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 as amended by this ,act1 for the band of frequencies between #cajj megahertz and #cdej megahertz1 inclusive2 or 7#c7 7,a7 that involves a band of frequencies described in section #aac7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#b772 or 7,b7 with respect to which the ,federal ,communications ,commission shares with a licensee a portion of the proceeds1 as described in paragraph 7#h77;,g7 of such section #cji7;j74 7b7 ,deposit of proceeds ,notwithstanding subparagraphs 7,a71 7,c77i71 7,d71 and 7,g77iii7 of section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 and except as provided in subparagraph 7,b7 of such section1 the proceeds 7including deposits and upfront payments from successful bidders7 from any covered auction shall be deposited or available as follows3 7#a7 ,in the case of proceeds attributable to eligible frequencies described in subsection 7g77#b7 of section #aac of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc71 such amount of such proceeds as is necessary to cover #aaj percent of the relocation or sharing costs 7as defined in subsection 7g77#c7 of such section7 of ,federal entities 7as defined in subsection 7l7 of such section7 relocated from or sharing such eligible frequencies shall be deposited in the ,spectrum ,relocation ,fund established under section #aah of such ,act 7#dg ,u4,s4,c4 #ibh74 ,any remaining proceeds after making the deposit described in this paragraph shall be deposited in accordance with section #fjb of this ,act4 7#b7 ,in the case of proceeds attributable to spectrum usage rights made available through an incentive auction under subparagraph 7,g7 of section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h771 such amount of such proceeds as the ,federal ,communications ,commission has agreed to share with licensees under such subparagraph shall be shared with such licensees4 ,any remaining proceeds after making the deposit described in this paragraph shall be deposited in accordance with section #fjb of this ,act4 7#c7 ,any remaining proceeds after carrying out paragraphs 7#a7 and 7#b7 shall be deposited in accordance with section #fjb of this ,act4 #fjb4 ,spectrum ,auction ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,spectrum ,auction ,trust ,fund 7in this section referred to as the ,fund7 for the purposes described in subparagraphs 7,a7 through 7,d7 of subsection 7c77#a74 ,amounts deposited in the ,fund shall remain available until expended4 7b7 ,deficit reduction 7#a7 ,proceeds of required auction of #c4a-c4de ,g,hz band ,except as provided in section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 and notwithstanding any other provision of law-- 7,a7 the first #ag1cjj1jjj1jjj of the proceeds of systems of competitive bidding required under section #ijjjh of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #iba note7 shall be deposited in the general fund of the ,treasury1 where such proceeds shall be dedicated for the sole purpose of deficit reduction2 and 7,b7 the remainder of the proceeds of the systems of competitive bidding described in subparagraph 7,a7 shall be deposited in accordance with subsection 7c74 7#b7 ,proceeds of ,spectrum ,pipeline ,act of #bjae auction ,except as provided in section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 and notwithstanding any other provision of law-- 7,a7 the first #cjj1jjj1jjj of the proceeds of the system of competitive bidding required under section #ajjd of the ,spectrum ,pipeline ,act of #bjae 7#dg ,u4,s4,c4 #iba note7 shall be deposited in the general fund of the ,treasury1 where such proceeds shall be dedicated for the sole purpose of deficit reduction2 and 7,b7 the remainder of the proceeds of the system of competitive bidding described in subparagraph 7,a7 shall be deposited in accordance with subsection 7c74 7#c7 ,remaining proceeds of covered auctions ,except as provided in section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 and notwithstanding any other provision of law1 any proceeds from covered auctions conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 shall be deposited as follows 7unless the covered auction is a system of competitive bidding described in paragraph 7#a7 or 7#b7 of this subsection1 in which case those proceeds shall be deposited in accordance with paragraph 7#a7 or 7#b7 of this subsection1 as applicable73 7,a7 ,the first #b1jjj1jjj1jjj of those proceeds shall be deposited in the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 7,b7 ,any remaining proceeds after carrying out subparagraph 7,a7 shall be deposited in accordance with subsection 7c74 7c7 ,deposit of funds 7#a7 ,in general ,except as provided in subsection 7b7 and paragraph 7#b71 and notwithstanding any other provision of law 7except for that subsection71 an aggregate total amount of #bc1jhj1jjj1jjj from covered auctions shall be deposited in the ,fund as follows3 7,a7 #cj percent of any such amounts1 but no more than #c1jhj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7d7 of this section4 7,b7 #cj percent of any such amounts1 but no more than #ad1hjj1jjj1jjj cumulatively1 shall be made available to the ,assistant ,secretary of ,commerce for ,communications and ,information until expended to carry out sections #aei1 #afj1 and #afa of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #cja of this ,act1 except that not more than #d percent of the amount made available by this subparagraph may be used for administrative purposes 7including carrying out such sections #afj and #afa74 7,c7 #cj percent of any such amounts1 but no more than #e1jjj1jjj1jjj cumulatively1 shall be made available to the ,assistant ,secretary of ,commerce for ,communications and ,information to carry out section #fjdja of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agda74 7,d7 #aj percent of such amounts1 but no more than #bjj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7e7 of this section4 7#b7 ,distribution ,if the maximum amount permitted under a subparagraph of paragraph 7#a7 is met1 whether through covered auction proceeds or appropriations to the program specified in such subparagraph1 any remaining proceeds shall be deposited pro rata based on the original distribution to all subparagraphs of paragraph 7#a7 for which the maximum amount permitted has not been met4 7#c7 ,deficit reduction ,after the amount required to be made available by paragraphs 7#a7 and 7#b7 is so made available1 any remaining amounts shall be deposited in the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 7d7 ,,fcc ,borrowing ,authority ,the ,federal ,communications ,commission may borrow from the ,treasury of the ,united ,states1 not later than #ij days after the date of the enactment of this ,act1 an amount not to exceed #c1jhj1jjj1jjj to carry out the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja et seq471 provided that the ,commission shall not use any funds borrowed under this subsection in a manner that may result in outlays on or after ,december #ca1 #bjcb4 7e7 ,,ntia borrowing authority ,the ,assistant ,secretary of ,commerce for ,communications and ,information may borrow from the ,treasury of the ,united ,states1 not later than #ij days after the date of the enactment of this ,act1 an amount not to exceed #bjj1jjj1jjj to carry out the ,minority ,serving ,institutions ,program created under title ,,ix of this ,act1 provided that the ,assistant ,secretary shall not use any funds borrowed under this subsection in a manner that may result in outlays on or after ,december #ca1 #bjcb4 7f7 ,reporting requirement ,not later than #b years after the date of the enactment of this ,act1 and every year thereafter until funds are fully expended1 the agencies to which the funds are made available shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report on the amount transferred or made available under each subparagraph of subsection 7c77#a74 ,,vii ,creation of a ,spectrum ,pipeline #gja4 ,creation of a spectrum pipeline 7a7 ,feasibility assessment 7#a7 ,in general ,the ,assistant ,secretary shall complete1 not later than ,june #ae1 #bjbe1 a feasibility assessment of making available electromagnetic spectrum for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 in the bands of frequencies-- 7,a7 between #ddjj and #didj megahertz1 inclusive2 and 7,b7 between #gabe and #hejj megahertz1 inclusive4 7#b7 ,other requirements ,in conducting the feasibility assessment under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 coordinate directly with covered agencies with respect to frequencies assigned to1 and used by1 those agencies in the bands described in paragraph 7#a7 and in affected adjacent or near adjacent bands2 and 7,b7 conduct each analysis in accordance with section #aac7;j7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;j774 7b7 ,report to the commission and congress 7#a7 ,in general ,not later than #cj days after the date on which the ,assistant ,secretary completes the feasibility assessment required under subsection 7a77#a71 the ,assistant ,secretary shall submit to the ,commission and ,congress a report regarding that analysis1 including an identification of the frequencies to be reallocated from ,federal use to non-,federal use1 and from ,federal use to shared ,federal and non-,federal use4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include-- 7,a7 the covered agencies with which the ,assistant ,secretary coordinated regarding the frequencies considered under subsection 7a77#a72 7,b7 the necessary steps to make the bands of frequencies considered under subsection 7a77#a7 available for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 including-- 7i7 the technical requirements necessary to make available bands in the frequencies considered under subsection 7a77#a7 for-- 7,i7 exclusive non-,federal use2 and 7,,ii7 shared ,federal and non-,federal use2 and 7ii7 an estimate of the cost to covered agencies to make available bands in the frequencies considered under subsection 7a77#a7 for-- 7,i7 exclusive non-,federal use2 and 7,,ii7 shared ,federal and non-,federal use2 7,c7 an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under subsection 7a77#a7 would result in harmful interference to an affected ,federal entity2 and 7,d7 an assessment of the potential impact that authorizing mobile or fixed terrestrial wireless operations1 including advanced mobile services operations1 in any of the frequencies considered under subsection 7a77#a7 could have on the mission of an affected ,federal entity4 7#c7 ,public availability ,the ,assistant ,secretary shall make the report submitted under this subsection publicly available4 7#d7 ,classified information ,to the extent that there is classified material in the report required to be submitted under paragraph 7#a71 the ,assistant ,secretary shall provide the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science and ,transportation of the ,senate a briefing on the classified components of the report submitted under this subsection4 7#e7 ,rule of construction ,nothing in this subsection may be construed to require the disclosure of classified information1 law enforcement sensitive information1 or other information reflecting technical1 procedural1 or policy concerns subject to protection under section #eeb of title #e1 ,united ,states ,code4 7c7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,covered agency ,the term covered agency means any agency with operations in a band of frequencies described in subsection 7a77#a74 ,,viii ,improving ,spectrum ,management #hja4 ,improving spectrum management ,part ,a of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq47 is amended by adding at the end the following3 #ajf4 ,improving ,spectrum ,management 7a7 ,definitions ,in this section3 7#a7 ,chair ,the term ,chair means the ,chairman of the ,commission4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,memorandum ,the term ,memorandum means the ,memorandum of ,understanding between the ,commission and the ,,ntia 7relating to increased coordination between ,federal spectrum management agencies to promote the efficient use of the radio spectrum in the public interest71 signed on ,august #a1 #bjbb1 or any successor memorandum4 7#d7 ,,ppsg ,the term ,,ppsg means the interagency advisory body that1 as of the date of the enactment of this section1 is known as the ,policy and ,plans ,steering ,group4 7#e7 ,spectrum action ,the term spectrum action means any proposed action by the ,commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 or licensing that could potentially impact the spectrum operations of a ,federal entity4 7#f7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7b7 ,federal coordination procedures 7#a7 ,notice ,with respect to each spectrum action1 the ,assistant ,secretary shall file in the public record with respect to the spectrum action information 7redacted as necessary if the information is protected from disclosure for a reason described in paragraph 7#c77 not later than the end of the period for submitting comments to the ,commission in such proceeding regarding-- 7,a7 when the ,commission provided notice to the ,assistant ,secretary regarding the spectrum action1 as required under the ,memorandum2 7,b7 the ,federal entities that may be impacted by the spectrum action2 7,c7 when the ,assistant ,secretary provided notice to the ,federal entities described in subparagraph 7,b7 regarding the spectrum action2 and 7,d7 a summary of the general technical or procedural concerns of ,federal entities with the spectrum action4 7#b7 ,final rule ,if the ,commission promulgates a final rule under section #eec of title #e1 ,united ,states ,code1 involving a spectrum action1 the ,commission shall prepare1 make available to the public1 and publish in the ,federal ,register along with the final rule an interagency coordination summary that describes-- 7,a7 when the ,commission provided notice to the ,assistant ,secretary regarding the spectrum action1 as required under the ,memorandum2 7,b7 whether the ,assistant ,secretary raised technical1 procedural1 or policy concerns of ,federal entities regarding the spectrum action2 and 7,c7 how any concerns described in subparagraph 7,b7 were resolved4 7#c7 ,rule of construction ,nothing in this subsection may be construed to require the disclosure of classified information1 or other information reflecting technical1 procedural1 or policy concerns that are exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act74 7c7 ,federal spectrum coordination responsibilities 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,assistant ,secretary shall establish a charter for the ,,ppsg4 7#b7 ,,ppsg representative 7,a7 ,in general ,the head of each ,federal entity that is reflected in the membership of the ,,ppsg1 as identified in the charter established under paragraph 7#a71 shall appoint a senior-level employee 7or an individual occupying a ,senior ,executive ,service position1 as defined in section #cacb7;a7 of title #e1 ,united ,states ,code7 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 ,,ppsg4 7,b7 ,security clearance requirement ,if an individual appointed under subparagraph 7,a7 is not eligible to receive a security clearance described in that subparagraph-- 7i7 the appointment shall be invalid2 and 7ii7 the head of the ,federal entity making the appointment shall appoint another individual who satisfies the requirements of that subparagraph1 including the requirement that the individual is eligible to receive such a security clearance4 7#c7 ,duties ,an individual appointed under paragraph 7#b7 shall-- 7,a7 oversee the spectrum coordination policies and procedures of the applicable ,federal entity2 7,b7 be responsible for timely notification of technical or procedural concerns of the applicable ,federal entity to the ,,ppsg2 and 7,c7 work closely with the representative of the applicable ,federal entity to the ,interdepartment ,radio ,advisory ,committee4 7#d7 ,public contact 7,a7 ,in general ,each ,federal entity shall list1 on the website of the ,federal entity1 the name and contact information of the representative of the ,federal entity to the ,,ppsg1 as appointed under paragraph 7#b74 7,b7 ,ntia responsibility ,the ,assistant ,secretary shall publish on the public website of the ,,ntia a complete list of the representatives to the ,,ppsg appointed under paragraph 7#b74 7d7 ,coordination between ,federal agencies and the ntia 7#a7 ,updates ,not later than #c years after the date of the enactment of this section1 and every #d years thereafter or more frequently as appropriate1 the ,commission and the ,,ntia shall update the ,memorandum4 7#b7 ,nature of update ,in updating the ,memorandum as required in paragraph 7#a71 such updates shall reflect changing technological1 procedural1 and policy circumstances as determined are necessary and appropriate by the ,commission and ,,ntia4 4 ,,ix ,minority ,serving ,institutions ,program #ija4 ,definitions ,in this title3 7#a7 ,broadband ,the term broadband means broadband-- 7,a7 having-- 7i7 a speed of not less than-- 7,i7 #ajj megabits per second for downloads2 and 7,,ii7 #bj megabits per second for uploads2 and 7ii7 a latency sufficient to support reasonably foreseeable1 real-time1 interactive applications2 and 7,b7 with respect to an eligible community1 offered with a low-cost option that is affordable to low- and middle-income residents of the eligible community1 including through the ,affordable ,connectivity ,program established under section #ijd7;b7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #ageb7;b77 or any successor program1 and a low-cost program available through a provider4 7#b7 ,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-- 7,a7 an administering entity through a subgrant under section #fjcjd7;c77#c77;,e7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agbc7;c77#c77;,e772 or 7,b7 an eligible entity-- 7i7 carrying out pre-deployment planning activities under subparagraph 7,a7 of section #fjajb7;d77#b7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;d77#b77 or carrying out the administration of the grant under subparagraph 7,b7 of such section2 or 7ii7 carrying out planning activities under section #fjajb7;e77#a77;,c77iii7 of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb7;e77#a77;,c77iii774 7#c7 ,digital equity ,the term digital equity has the meaning given the term in section #fjcjb of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agba74 7#d7 ,eligible applicant ,the term eligible applicant means an organization that does not receive a covered planning grant and-- 7,a7 is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of that ,code2 7,b7 has a mission that is aligned with advancing digital equity2 7,c7 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 broadband1 and the advancement of digital equity-- 7i7 on campus at such institutions2 and 7ii7 to low-income residents in eligible communities with respect to those institutions2 and 7,d7 employs staff with expertise in the development of broadband plans1 the construction of internet infrastructure1 or the design and delivery of digital equity programs1 including through the use of contractors and consultants1 except that the employment of such staff does not rely solely on outsourced contracts4 7#e7 ,eligible community ,the term eligible community means a community that-- 7,a7 is located-- 7i7 within a census tract any portion of which is not more than #ae miles from an eligible community anchor institution2 and 7ii7 with respect to a ,tribal ,college or ,university located on land held in trust by the ,united ,states-- 7,i7 not more than #ae miles from the ,tribal ,college or ,university2 or 7,,ii7 within a maximum distance established by the ,assistant ,secretary1 in consultation with the ,secretary of the ,interior1 to ensure that the area is statistically comparable to other areas described in clause 7i72 and 7,b7 has an estimated median annual household income of not more than #bej percent of the poverty line1 as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb74 7#f7 ,eligible community anchor institution ,the term eligible community anchor institution means a historically ,black college or university1 a ,tribal ,college or ,university1 or a ,minority-serving institution4 7#g7 ,eligible entity ,the term eligible entity has the meaning given such term in section #fjajb of the ,infrastructure ,investment and ,jobs ,act 7#dg ,u4,s4,c4 #agjb74 7#h7 ,historically black college or university2 tribal college or university2 minority-serving institution ,the terms historically ,black college or university1 ,tribal ,college or ,university1 and ,minority-serving institution have the meanings given those terms in section #ijb7;a7 of title ,,ix of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #acjf7;a771 and include an established fiduciary of such educational institution1 such as an affiliated foundation1 or a district or ,state system affiliated with such educational institution4 7#i7 ,improper payment ,the term improper payment has the meaning given such term in section #ccea of title #ca1 ,united ,states ,code4 7#aj7 ,local broadband plan ,the term local broadband plan means a plan developed pursuant to section #ijb7;c74 7#aa7 ,program ,the term program means the pilot program established under section #ijb7;a74 7#ab7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 #ijb4 ,program 7a7 ,establishment ,the ,assistant ,secretary1 acting through the head of the ,office of ,minority ,broadband ,initiatives1 shall use the amounts made available under section #fjb7;e7 of this ,act to establish within the ,national ,telecommunications and ,information ,administration a program for the purposes described in subsection 7c71 provided that not more than #f percent of the amounts used to establish the program may be used for salary1 expenses1 administration1 and oversight with respect to the program4 7b7 ,authority ,the ,assistant ,secretary may use funding mechanisms1 including grants1 cooperative agreements1 and contracts1 for the effective implementation of the program4 7c7 ,purposes ,funding made available under the program shall enable an eligible applicant to work with an eligible community anchor institution1 and each eligible community with respect to the eligible community anchor institution1 to develop a local broadband plan to-- 7#a7 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 community2 7#b7 advance digital equity at the eligible community anchor institution and within each such eligible community2 and 7#c7 help each such eligible community to prepare applications for funding from multiple sources1 including from-- 7,a7 the various programs authorized under the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi72 and 7,b7 other ,federal1 ,state1 and ,tribal sources of funding for broadband deployment1 affordable broadband internet service1 or digital equity4 7d7 ,contents of local broadband plan ,a local broadband plan shall-- 7#a7 be developed in coordination with stakeholder representatives2 and 7#b7 with respect to support for infrastructure funding-- 7,a7 reflect an approach that is performance-based and does not favor any particular technology1 provider1 or type of provider2 and 7,b7 include-- 7i7 a description of the demographic profile of each applicable eligible community2 7ii7 an assessment of the needs of each applicable eligible community1 including with respect to digital literacy1 workforce development1 and device access needs2 7iii7 a summary of current 7as of the date of the most current data published by the ,federal ,communications ,commission7 service providers operating in each applicable eligible community and the broadband offerings and related services in each applicable eligible community2 7iv7 an estimate of capital and operational expenditures for the course of action recommended in the local broadband plan2 7v7 a preliminary implementation schedule for the deployment of broadband required under the local broadband plan2 and 7vi7 a summary of the potential employment1 development1 and revenue creation opportunities for the eligible community anchor institution and each applicable eligible community4 7e7 ,application 7#a7 ,in general ,to be eligible to receive funding under the program1 an eligible applicant shall submit to the ,assistant ,secretary1 acting through the head of the ,office of ,minority ,broadband ,initiatives1 an application containing-- 7,a7 the name and mailing address of the eligible applicant2 7,b7 the name and email address of the point of contact for the eligible applicant2 7,c7 documentation providing evidence that the applicant is an eligible applicant2 7,d7 a summary description of the proposed approach that the eligible applicant will take to expand the availability and adoption of broadband2 7,e7 an outline or sample of the proposed local broadband plan with respect to the funds2 7,f7 a draft proposal for carrying out the local broadband plan with respect to the funds1 describing with specificity how funds will be used2 7,g7 a summary of past performance in which the eligible applicant created plans similar to the local broadband plan for communities similar to each applicable eligible community2 7,h7 a description of the approach the eligible applicant will take to engage each applicable eligible community and the applicable eligible community anchor institution and report outcomes relating to that engagement2 7,i7 a description of how the eligible applicant will meet the short term and long-term goals described in subsection 7h77#b77;,a72 and 7,j7 a certification that the applicant is not a recipient of a covered planning grant4 7#b7 ,deadlines ,the ,assistant ,secretary1 acting through the head of the ,office of ,minority ,broadband ,initiatives1 shall publish a notice for the program not later than #fj days after the date of the enactment of this ,act4 7f7 ,selection criteria ,when selecting an eligible applicant to receive funding under the program1 the ,assistant ,secretary may give preference or priority to an eligible applicant1 the application of which1 if awarded1 would enable a greater number of eligible communities to be served4 7g7 ,report 7#a7 ,in general ,not later than #edj days after the date of the enactment of this ,act1 the ,assistant ,secretary1 acting through the head of the ,office of ,minority ,broadband ,initiatives1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report1 which the ,assistant ,secretary1 acting through the head of the ,office of ,minority ,broadband ,initiatives1 shall make available to the public4 7#b7 ,contents ,the report described in paragraph 7#a7 shall include1 for the period covered by the report-- 7,a7 the number of eligible applicants that submitted applications under the program2 7,b7 the number of eligible applicants that received funding under the program2 7,c7 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 serve2 7,d7 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 program2 7,e7 information determined necessary by the ,assistant ,secretary to measure progress toward the goals described in subsection 7h77#b77;,a7 and assess whether the goals described in such subsection are being met2 and 7,f7 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 program1 as described in subsection 7c74 7h7 ,public notice2 requirements 7#a7 ,public notice ,not later than #ij days after the date on which the ,assistant ,secretary provides public notice of the program1 the ,assistant ,secretary1 in consultation with the head of the ,office of ,minority ,broadband ,initiatives1 shall issue the ,notice of ,funding ,opportunity governing the program4 7#b7 ,requirements ,in the notice required under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 establish short-term and long-term goals for eligible applicants that receive funds under the program2 7,b7 establish performance metrics by which to evaluate whether an entity has met the goals described in subparagraph 7,a72 and 7,c7 identify the selection criteria described in subsection 7f7 that the ,assistant ,secretary will use to award funds under the program if demand for funds under the program exceeds the amount appropriated for carrying out the program4 7i7 ,oversight 7#a7 ,audits ,the ,inspector ,general of the ,department of ,commerce 7referred to in this subsection as the ,inspector ,general7 shall conduct an audit of the program in order to-- 7,a7 ensure that eligible applicants use funds awarded under the program in accordance with-- 7i7 the requirements of this title2 and 7ii7 the purposes of the program1 as described in subsection 7c72 and 7,b7 prevent waste1 fraud1 abuse1 and improper payments4 7#b7 ,revocation of funds ,the ,assistant ,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 program1 as described in subsection 7c74 7#c7 ,audit findings ,each finding of waste1 fraud1 abuse1 or an improper payment by the ,inspector ,general in an audit under paragraph 7#a7 shall include the following3 7,a7 ,the name of the eligible applicant4 7,b7 ,the amount of funding made available under the program to the eligible applicant4 7,c7 ,the amount of funding determined to be an improper payment made to an eligible applicant involved in the waste1 fraud1 abuse1 or improper payment4 7#d7 ,notification of audit findings ,not later than #g days after the date of a finding described under paragraph 7#c71 the ,inspector ,general shall concurrently notify the ,assistant ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives of the information described in that paragraph4 7#e7 ,fraud risk management ,in issuing rules under this subsection1 the ,assistant ,secretary shall-- 7,a7 designate an entity within the program office to lead fraud risk management activities2 7,b7 ensure the entity designated under subparagraph 7,a7 has defined responsibilities and the necessary authority to serve its role2 7,c7 conduct risk-based monitoring and evaluation of fraud risk management activities with a focus on outcome measurement2 7,d7 collect and analyze data from reporting mechanisms and instances of detected fraud for real-time monitoring of fraud trends2 7,e7 use the results of the monitoring1 evaluations1 and investigations to improve fraud prevention1 detection1 and response2 7,f7 plan regular fraud risk assessments and assess risks to determine a fraud risk profile2 7,g7 develop1 document1 and communicate an anti-fraud strategy1 focusing on preventative control activities2 7,h7 consider the benefits and costs of controls to prevent and detect potential fraud1 and develop a fraud response plan2 and 7,i7 establish collaborative relationships with stakeholders and create incentives to help ensure effective implementation of the anti-fraud strategy described in subparagraph 7,g74 ,august #ac1 #bjbd,reported from the ,committee on ,energy and ,commerce with an amendment,august #ac1 #bjbd;,committee on ,armed ,services discharged2 committed to the ,committee of the ,whole ,house on the ,state of the ,union and ordered to be printed