,,ii #aahth ,,congress #b;d ,session ,s4 #dbjg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #cj1 #bjbd,ms4 ,cantwell 7for herself and ,mr4 ,lujn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to reauthorize the spectrum auction authority of the ,federal ,communications ,commission1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,spectrum and ,national ,security ,act of #bjbd4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,sense of ,congress4,sec4 #c4 ,definitions4,,title ,i--,development of spectrum maximizing technologies,sec4 #aja4 ,national ,spectrum ,research and ,development ,plan4,sec4 #ajb4 ,common sharing platform2 incumbent informing capability4,,title ,,ii--,exerting ,united ,states spectrum leadership,sec4 #bja4 ,empowering ,federal agencies in the management of their spectrum4,sec4 #bjb4 ,under ,secretary of ,commerce for ,communications and ,information4,,title ,,iii--,creation of a spectrum pipeline,sec4 #cja4 ,creation of a spectrum pipeline4,sec4 #cjb4 ,spectrum auctions4,,title ,,iv--,extension of ,,fcc auction authority,sec4 #dja4 ,extension of ,,fcc auction authority4,,title ,v--,workforce development,subtitle ,a--,improving minority participation,sec4 #eja4 ,short title4,sec4 #ejb4 ,definitions4,sec4 #ejc4 ,program4,subtitle ,b--,national spectrum workforce plan,sec4 #eaa4 ,national spectrum workforce plan4,,title ,,vi--,spectrum auction trust fund,sec4 #fja4 ,definition4,sec4 #fjb4 ,spectrum ,auction ,trust ,fund4,,title ,,vii--,secure and trusted communications networks reimbursement program,sec4 #gja4 ,increase in limitation on expenditure4,,title ,,viii--,next ,generation #i-a-a,sec4 #hja4 ,further deployment and coordination of ,next ,generation #i-a-a4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 electromagnetic spectrum is a scarce1 valuable resource that fuels the technological leadership of the ,united ,states globally1 which supports the national security and critical operations of the ,united ,states2 7#b7 because spectrum is a finite and limited resource1 the ,united ,states must invest in advanced spectrum technologies1 such as dynamic spectrum sharing1 to make the best use of spectrum to promote private sector innovation1 and protect and further the mission of ,federal agencies2 7#c7 to retain the global technology leadership of the ,united ,states1 the ,united ,states must have an accurate assessment of the current and future demand for spectrum1 and the tools to meet that demand2 7#d7 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 7#c72 7#e7 as agreed to by both the ,department of ,defense and the ,national ,telecommunications and ,information ,administration in the ,national ,spectrum ,strategy1 an assessment of future spectrum demand1 the promotion of research and development on dynamic spectrum sharing and other new and emerging spectrum technologies1 and support for a workforce to support an advanced spectrum ecosystem are critical for expanding the overall capacity1 usability1 and efficiency of spectrum to enhance the competitiveness and national security of the ,united ,states2 and 7#f7 a unified1 forward-looking domestic spectrum policy is vital for enabling the ,united ,states to advocate effectively for its interests on the global stage1 including at the ,international ,telecommunication ,union1 against the competing spectrum policies advanced by foreign adversaries4 #c4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,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 time1 consistent with defined regulations and policies for a particular spectrum band4 7#c7 ,spectrum ,advisory ,council ,the term ,spectrum ,advisory ,council has the meaning given the term in section #ajf7;a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #bja of this ,act4 7#d7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,communications and ,information1 as so designated by the amendment made by section #bjb7;a74 ,i ,development of spectrum maximizing technologies #aja4 ,national ,spectrum ,research and ,development ,plan 7a7 ,definition ,in this section1 the term ,federal entity has the meaning given the term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 7b7 ,dynamic spectrum sharing 7#a7 ,national testbed ,not later than #ah months after the date of enactment of this ,act1 the ,under ,secretary shall establish1 or coordinate with other ,federal entities to establish or identify1 a national testbed for dynamic spectrum sharing that-- 7,a7 enables the identification of bands of ,federal and non-,federal spectrum that can be accessed on a short-term basis for experimentation2 7,b7 considers specific areas for testing and measurement to improve future study efforts across spectrum bands1 including researching and developing solutions that can be applied across a range of spectrum bands2 7,c7 is focused on developing technologically neutral approaches2 7,d7 enables ,federal entities to work cooperatively with non-,federal entities1 including industry entities1 academic institutions1 and research organizations1 to objectively examine new technologies to improve spectrum management2 and 7,e7 minimizes duplication of effort by synchronizing1 to the extent practicable1 with other relevant research and engineering activities underway across the ,federal ,government in areas including artificial intelligence1 machine learning1 zero-trust networks1 data-source management1 autonomy and autonomous systems1 and advanced radar technologies4 7#b7 ,funding ,the ,under ,secretary may use the funding provided under section #fjb7;c77#a77;,e7 of this ,act to establish the national testbed for dynamic spectrum sharing under paragraph 7#a74 7c7 ,research and development plan ,the ,office of ,science and ,technology ,policy1 in coordination with each member agency of the ,spectrum ,advisory ,council1 shall develop a ,national ,spectrum ,research and ,development ,plan that-- 7#a7 identifies the key innovation areas for spectrum research and development1 including dynamic spectrum sharing1 artificial intelligence and machine learning techniques1 and other emerging technologies for improving spectrum efficiency and innovation2 7#b7 establishes a process to refine and enhance the innovation areas identified under paragraph 7#a7 on an ongoing basis2 7#c7 considers recommendations developed through the collaborative framework established under subsection 7d77#a72 and 7#d7 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 ,administration4 7d7 ,public and private sector collaborative framework 7#a7 ,establishment ,the ,under ,secretary1 in coordination with the ,commission1 as appropriate1 shall establish a collaborative framework for coordination1 technical exchange1 and information sharing between ,federal entities and non-,federal entities for purposes of short-term and long-term spectrum planning and management4 7#b7 ,requirements ,the collaborative framework established under paragraph 7#a7 shall consider-- 7,a7 leveraging ,federal and non-,federal advisory groups that advise the ,federal ,government on spectrum planning or management1 as appropriate2 7,b7 identifying new advisory groups that could be established to aid long-term spectrum planning2 7,c7 defining the interactions among the groups described in subparagraphs 7,a7 and 7,b71 including their roles and responsibilities and desired outputs2 7,d7 adhering to applicable interagency memoranda of understanding on spectrum planning or management2 7,e7 engaging with a variety of stakeholders1 including unserved and historically underserved populations1 ,tribal ,nations1 and the ,native ,hawaiian community2 and 7,f7 establishing a standardized submission process for ,federal entities and non-,federal entities to provide information1 on an ongoing basis1 regarding their current and projected future spectrum needs4 7#c7 ,evidence-based spectrum decision-making ,the ,under ,secretary shall use the collaborative framework established under paragraph 7#a7 to develop best practices for conducting technical and economic analyses that are-- 7,a7 data-driven2 7,b7 science-based2 7,c7 peer-reviewed2 and 7,d7 publicly available in an easily accessible electronic format1 to the extent practicable1 with appropriate redactions for 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 7e7 ,promotion of advanced spectrum-,sharing technologies ,the ,under ,secretary shall help promote the development of advanced spectrum-sharing technologies1 including dynamic spectrum sharing1 by identifying1 in coordination with the ,commission-- 7#a7 incentives for non-,federal development and use of such technologies2 and 7#b7 mechanisms to incentivize non-,federal users to adopt such technologies4 #ajb4 ,common sharing platform2 incumbent informing capability 7a7 ,in general ,part ,b of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba et seq47 is amended by adding at the end the following3 #abj4 ,incumbent informing capability 7a7 ,in general ,the ,under ,secretary shall-- 7#a7 not later than #abj days after the date of 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 enactment of this section1 begin to implement such capability1 including initiating 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 spectrum access to mitigate the risk of harmful interference between non-,federal users and incumbent ,federal entities sharing a band of covered spectrum and between ,federal entities sharing a band of covered 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 ,under ,secretary may require1 including the frequency1 time1 and location of the use of the band by the ,federal entity2 and 7,b7 to the extent practicable1 input the information into the 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 ,federal operations4 7,b7 ,mechanism ,the ,under ,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 ,under ,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 ,under ,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 interference and mission impact1 including how the impact to ,federal missions would be assessed4 7c7 ,briefing ,not later than ,december #af1 #bjbd1 and annually thereafter1 the ,under ,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 ,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 7e7 ,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 the term in section #aac7l74 7#c7 ,incumbent informing capability ,the term incumbent informing capability means a capability to facilitate the sharing of covered spectrum4 4 7b7 ,funding ,on the date of 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 that ,act1 as added by subsection 7a74 ,,ii ,exerting ,united ,states spectrum leadership #bja4 ,empowering ,federal agencies in the management of their spectrum ,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 ,chair 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 ,national ,telecommunications and ,information ,administration 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 ,spectrum action ,the term spectrum action means any proposed action by the ,commission to reallocate radio frequency spectrum that-- 7,a7 is anticipated to result in-- 7i7 a system of competitive bidding conducted under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j772 or 7ii7 some other form of licensing2 and 7,b7 could potentially impact the spectrum operations of a ,federal entity4 7#e7 ,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 ,strategy1 issued on ,november #ac1 #bjbc1 or any successor interagency advisory body4 7b7 ,federal coordination procedures 7#a7 ,responsibilities of ,,ntia ,the ,under ,secretary shall-- 7,a7 ensure1 in coordination with the ,spectrum ,advisory ,council and1 as appropriate1 the ,interdepartment ,radio ,advisory ,committee1 that the views of the executive branch on spectrum matters are properly-- 7i7 developed2 7ii7 documented2 and 7iii7 presented1 as necessary1 to the ,commission and1 as appropriate and in coordination with the ,director of the ,office of ,management and ,budget1 to ,congress1 as required by sections #ajb7;b77#f7 and #ajc7;b77#b77;,j72 7,b7 adhere to the terms of the ,memorandum2 7,c7 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 ,,ntia2 7,d7 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 ,commission2 7,e7 facilitate the presentation by affected ,federal entities of classified or otherwise sensitive views to the ,commission2 7,f7 develop the position of the executive branch on issues related to spectrum1 including any supporting technical and operational information to facilitate decision-making by the ,commission2 7,g7 provide the position described in subparagraph 7,f7 to the ,commission2 and 7,h7 provide the position described in subparagraph 7,f7 within the applicable timelines established by the ,commission or1 as needed1 request additional time from the ,commission4 7#b7 ,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 ,commission1 the ,under ,secretary shall-- 7,a7 notify the ,commission of the lack of consensus and the anticipated next steps and timing to resolve the dispute2 7,b7 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 resolution2 and 7,c7 keep the ,commission informed1 as appropriate1 regarding anticipated next steps and the timing of resolution4 7#c7 ,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 7#b7-- 7,a7 not later than #ij days after completing the process1 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 ,policy2 7,b7 the ,assistant to the ,president for ,national ,security ,affairs and the ,assistant to the ,president for ,economic ,policy1 in consultation with the ,director of the ,office and ,technology ,policy and1 if appropriate1 the ,national ,space ,council1 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 ,system1 issued on ,february #d1 #bjba2 and 7,c7 the ,under ,secretary shall advise the ,commission on the executive branch position following the adjudication and decision under the process described in this paragraph4 7#d7 ,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 knowledge1 unforeseen before the ,commission took the spectrum action1 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-- 7,a7 not later than #de days after the date on which the affected ,federal entity learns of the unforeseen risk of harmful interference1 the ,federal entity may formally request that the ,under ,secretary address the issue with the ,commission for an appropriate remedy1 which request shall-- 7i7 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 affected2 7ii7 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 interest1 including any technical or scientific data that supports that position2 and 7iii7 explain why the ,federal entity cannot take steps to ensure mission continuity that are consistent with the spectrum action of the ,commission2 7,b7 if the ,under ,secretary believes that the affected ,federal entity has produced sufficient evidence under subparagraph 7,a7 that the non-,federal use will risk harmful interference that cannot be reasonably mitigated without ,commission action1 the ,under ,secretary1 not later than #fj days after receiving the request from the ,federal entity1 shall address the ,commission under established processes under the ,memorandum and1 as applicable1 the ,practice and ,procedure of the ,commission under part #a of title #dg1 ,code of ,federal ,regulations1 or any successor regulations1 for seeking appropriate relief2 and 7,c7 if the ,under ,secretary concludes that there is not sufficient evidence to seek relief from the ,commission1 the affected ,federal entity may follow the processes established under paragraphs 7#b7 and 7#c7 of this subsection4 7#e7 ,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 #ij days after the date of enactment of this section1 the ,under ,secretary shall establish a charter for the ,spectrum ,advisory ,council4 7#b7 ,spectrum advisory council representative 7,a7 ,in general ,the head of each ,federal entity that is reflected in the membership of the ,spectrum ,advisory ,council1 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 ,spectrum ,advisory ,council4 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 ,spectrum ,advisory ,council2 7,c7 work closely with the representative of the applicable ,federal entity to the ,interdepartment ,radio ,advisory ,committee2 7,d7 respond to a request from the ,,ntia for1 and to the extent feasible1 share with the ,,ntia1 any technical and operational information needed to facilitate spectrum coordination not later than-- 7i7 the applicable reasonable deadline established by the ,,ntia1 at the discretion of the ,,ntia1 pursuant to section ,,iv7#c7 of the ,memorandum1 or any successor provision2 or 7ii7 #de days after the date of the request1 in the case of a request to which clause 7i7 does not apply2 7,e7 furnish the ,,ntia with all relevant information to be considered for filing with the ,commission2 7,f7 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 #abhff 7#e ,u4,s4,c4 #fja note2 relating to regulatory planning and review72 and 7,g7 collaborate with the ,,ntia on spectrum planning4 7d7 ,coordination between federal agencies and the ,,ntia 7#a7 ,updates ,not later than #c years after the date of enactment of this section1 and every #d years thereafter 7or more frequently1 as appropriate71 the ,commission and the ,,ntia shall reassess the ,memorandum and1 based on such a reassessment1 update the ,memorandum1 as necessary4 7#b7 ,nature of update ,any update to the ,memorandum under paragraph 7#a7 shall reflect changing technological1 procedural1 and policy circumstances1 as determined necessary and appropriate by the ,commission and the ,,ntia4 7e7 ,annual report to ,congress ,not later than #a year after the date of enactment of this section1 and annually thereafter1 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 section4 7f7 ,testing ,a ,federal entity shall coordinate and reach agreement with the ,,ntia before carrying out any electromagnetic compatibility study or testing plan that the ,federal entity seeks to be considered in formulating the views of the executive branch regarding spectrum regulatory matters4 7g7 ,report on spectrum management principles and methods ,not later than ,may #ad1 #bjbe1 the ,under ,secretary1 in coordination with the ,spectrum ,advisory ,council1 shall publish a report that identifies-- 7#a7 spectrum management principles and methods to guide the ,federal ,government in spectrum studies and science2 7#b7 coordination guidelines for spectrum studies2 and 7#c7 processes for determining types of studies1 criteria1 assumptions1 and timelines that shall be acceptable in decision-making involving the use of ,federal spectrum and the use of non-,federal spectrum by ,federal entities4 4 #bjb4 ,under ,secretary of ,commerce for ,communications and ,information 7a7 ,in general ,section #ajc7;a77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ijb7;a77#b77 is amended by striking ,assistant ,secretary of ,commerce for ,communications and ,information and inserting ,under ,secretary of ,commerce for ,communications and ,information4 7b7 ,pay ,subchapter ,,ii of chapter #ec of title #e1 ,united ,states ,code1 is amended-- 7#a7 in section #ecad1 by striking and ,under ,secretary of ,commerce for ,minority ,business ,development and inserting ,under ,secretary of ,commerce for ,minority ,business ,development1 and ,under ,secretary of ,commerce for ,communications and ,information2 and 7#b7 in section #ecae1 by striking 7#aa7 after ,assistant ,secretaries of ,commerce and inserting 7#aj74 7c7 ,deputy ,under ,secretary 7#a7 ,in general ,section #ajc7;a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ijb7;a771 as amended by subsection 7a7 of this section1 is amended by adding at the end the following3 7#c7 ,deputy under secretary ,the ,deputy ,under ,secretary of ,commerce for ,communications and ,information shall-- 7,a7 be the principal policy advisor of the ,under ,secretary2 7,b7 perform such other functions as the ,under ,secretary shall from time to time assign or delegate2 and 7,c7 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 ,secretary4 4 7#b7 ,technical and conforming amendment ,section #ajf7;c7 of the ,public ,telecommunications ,financing ,act of #aigh 7#e ,u4,s4,c4 #ecaf note2 ,public ,law #ie-efg7 is amended by striking ,the position of ,deputy ,assistant ,secretary of ,commerce for ,communications and ,information1 established in ,department of ,commerce ,organization ,order ,numbered #aj-aj 7effective ,march #bf1 #aigh71 and inserting ,the position of ,deputy ,under ,secretary of ,commerce for ,communications and ,information1 established under section #ajc7;a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ijb7;a7714 7d7 ,technical and conforming amendments 7#a7 ,communications ,act of #aicd ,section #cdd7;d77#b7 of the ,communications ,act of #aicd 7as added by section #fjfjb7;a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh77 is amended by striking ,assistant ,secretary and inserting ,under ,secretary4 7#b7 ,national ,telecommunications and ,information ,administration ,organization ,act ,the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ija et seq47 is amended by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#c7 ,homeland ,security ,act of #bjjb ,section #ahje7;d77#b7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #ege7;d77#b77 is amended by striking ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce and inserting ,under ,secretary of ,commerce for ,communications and ,information4 7#d7 ,agriculture improvement act of #bjah ,section #fbab of the ,agriculture ,improvement ,act of #bjah 7#g ,u4,s4,c4 #iej;bb-#f7 is amended-- 7,a7 in subsection 7d77#a71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7,b7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#e7 ,,real ,,id ,act of #bjje ,section #cjc of the ,,real ,,id ,act of #bjje 7#h ,u4,s4,c4 #agba note2 ,public ,law #aji-ac7 is repealed4 7#f7 ,broadband ,data ,improvement ,act ,section #bad of the ,broadband ,data ,improvement ,act 7#ae ,u4,s4,c4 #feed7 is amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,assistant ,secretary and inserting ,under ,secretary2 7,b7 by striking subsection 7b72 and 7,c7 by redesignating subsection 7c7 as subsection 7b74 7#g7 ,electronic ,signatures in ,global and ,national ,commerce ,act ,section #ajc7;c7 of the ,electronic ,signatures in ,global and ,national ,commerce ,act 7#ae ,u4,s4,c4 #gjjc7;c77 is amended-- 7,a7 by striking ,exceptions and all that follows through ,determinations4--,if and inserting ,exceptions4--,if2 and 7,b7 by striking such exceptions and inserting of the exceptions in subsections 7a7 and 7b74 7#h7 ,title #ag1 ,united ,states ,code ,section #abja of title #ag1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a77#a77;,c71 in the matter preceding clause 7i71 by striking ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce and inserting ,under ,secretary of ,commerce for ,communications and ,information2 and 7,b7 in subsection 7g71 by striking paragraph 7#e74 7#i7 ,unlocking ,consumer ,choice and ,wireless ,competition ,act ,section #b7;b7 of the ,unlocking ,consumer ,choice and ,wireless ,competition ,act 7#ag ,u4,s4,c4 #abja note2 ,public ,law #aac-add7 is amended by striking ,assistant ,secretary for ,communications and ,information of the ,department of ,commerce and inserting ,under ,secretary of ,commerce for ,communications and ,information4 7#aj7 ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg ,section #bbja7;d7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#db ,u4,s4,c4 #bdg;d-#c;a note2 ,public ,law #aaj-ec7 is repealed4 7#aa7 ,communications ,satellite ,act of #aifb ,section #fbe7;a77#a7 of the ,communications ,satellite ,act of #aifb 7#dg ,u4,s4,c4 #gfc;d7a77#a77 is amended1 in the matter preceding subparagraph 7,a71 by striking ,assistant ,secretary and inserting ,under ,secretary of ,commerce4 7#ab7 ,spectrum ,pipeline ,act of #bjae ,the ,spectrum ,pipeline ,act of #bjae 7#dg ,u4,s4,c4 #iba note2 title ,x of ,public ,law #aad-gd7 is amended-- 7,a7 in section #ajjb7a71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7,b7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ac7 ,warning1 ,alert1 and ,response ,network ,act ,section #fjf of the ,warning1 ,alert1 and ,response ,network ,act 7#dg ,u4,s4,c4 #abje7 is amended-- 7,a7 in subsection 7b71 in the first sentence1 by striking ,assistant ,secretary of ,commerce for ,communications and ,information and inserting ,under ,secretary of ,commerce for ,communications and ,information2 and 7,b7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ad7 ,american ,recovery and ,reinvestment ,act of #bjji ,section #fjja of the ,american ,recovery and ,reinvestment ,act of #bjji 7#dg ,u4,s4,c4 #acje7 is amended by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ae7 ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab ,title ,,vi of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja et seq47 is amended-- 7,a7 in section #fjja 7#dg ,u4,s4,c4 #adja7-- 7i7 by striking paragraph 7#d72 7ii7 by redesignating paragraphs 7#e7 through 7#ca7 as paragraphs 7#d7 through 7#cj71 respectively2 and 7iii7 by inserting after paragraph 7#cj71 as so redesignated1 the following3 7#ca7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,communications and ,information4 2 7,b7 in subtitle ,d 7#dg ,u4,s4,c4 #adea et seq47-- 7i7 in section #fdjf 7#dg ,u4,s4,c4 #adec7-- 7,i7 by striking subsections 7b7 and 7c72 and 7,,ii7 by inserting after subsection 7a7 the following3 7b7 ,definition ,in this section1 the term #ecej-edgj ,m,hz band means the portion of the electromagnetic spectrum between the frequencies from #ecej megahertz to #edgj megahertz4 2 and 7ii7 by striking section #fdjh2 and 7,c7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#af7 ,ray ,baum's ,act of #bjah ,the ,,ray ,,baum',s ,act of #bjah 7division ,p of ,public ,law #aae-ada2 #acb ,stat4 #cdh7 is amended by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ag7 ,secure and ,trusted ,communications ,networks ,act of #bjai ,section #h of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjg7 is amended-- 7,a7 in subsection 7c77#a71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7,b7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ah7 ,title #ea1 ,united ,states ,code ,section #ejaab7c7 of title #ea1 ,united ,states ,code1 is amended1 in the matter preceding subparagraph 7,a71 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#ai7 ,consolidated ,appropriations ,act1 #bjba ,the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb7 is amended-- 7,a7 in title ,,ix of division ,n-- 7i7 in section #ijb7;a77#b7 7#dg ,u4,s4,c4 #acjf7;a77#b771 in the heading1 by striking assistant secretary and inserting under secretary2 7ii7 in section #ije 7#dg ,u4,s4,c4 #agje7-- 7,i7 in subsection 7a77#a71 in the heading1 by striking assistant secretary and inserting under secretary2 7,,ii7 in subsection 7c77#c77;,b71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7,,iii7 in subsection 7d77#b77;,b71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7iii7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary2 and 7,b7 in title ,,ix of division ,,ff-- 7i7 in section #ijc7;g77#b71 in the heading1 by striking assistant secretary and inserting under secretary2 and 7ii7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary4 7#bj7 ,infrastructure ,investment and ,jobs ,act ,the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #dbi7 is amended-- 7,a7 in section #bgjjc1 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary2 7,b7 in division ,f-- 7i7 in section #fjajb 7#dg ,u4,s4,c4 #agjb7-- 7,i7 in subsection 7a77#b77;,a71 by striking assistant secretary and inserting under secretary2 7,,ii7 in subsection 7d77#a71 by striking assistant secretary and inserting under secretary2 and 7,,iii7 in subsection 7h7-- 7aa7 in paragraph 7#a77;,b71 by striking assistant secretary and inserting under secretary2 and 7bb7 in paragraph 7#e77;,b77iii71 by striking assistant secretary and inserting under secretary2 7ii7 in title ,,iii-- 7,i7 in section #fjcjb7e7 7#dg ,u4,s4,c4 #agba7e771 by striking assistant secretary and inserting under secretary2 and 7,,ii7 in section #fjcje7;d77#b77;,b77ii7 7#dg ,u4,s4,c4 #agbd7;d77#b77;,b77ii771 by striking assistant secretary and inserting under secretary2 7iii7 in section #fjdja7;a77#b7 7#dg ,u4,s4,c4 #agda7;a77#b771 by striking assistant secretary and inserting under secretary2 and 7iv7 by striking ,assistant ,secretary each place the term appears and inserting ,under ,secretary2 7,c7 in section #ijjjh7;b77#c7 7#dg ,u4,s4,c4 #iba note71 by striking ,assistant ,secretary and inserting ,under ,secretary2 and 7,d7 in division ,j1 in title ,i1 in the matter under the heading distance learning1 telemedicine1 and broadband program under the heading ,rural ,utilities ,service under the heading ,,rural ,,development ,,programs1 by striking ,assistant ,secretary and inserting ,under ,secretary4 7e7 ,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 ,information1 respectively1 on and after that date without the need for renomination or reappointment4 7f7 ,references ,any reference in any other ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 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 ,information4 7g7 ,savings provisions 7#a7 ,legal documents ,all orders1 determinations1 rules1 regulations1 permits1 grants1 loans1 contracts1 agreements1 certificates1 licenses1 and privileges-- 7,a7 that have been issued1 made1 granted1 or allowed to become effective by the ,assistant ,secretary of ,commerce for ,communications and ,information1 any officer or employee of the ,national ,telecommunications and ,information ,administration1 or any other ,government official1 or by a court of competent jurisdiction2 and 7,b7 that are in effect on the date of enactment of this ,act 7or become effective after that date pursuant to their terms as in effect on that date71 shall continue in effect according to their terms until modified1 terminated1 superseded1 set aside1 or revoked in accordance with law by the ,president1 any other authorized official1 a court of competent jurisdiction1 or operation of law4 7#b7 ,nonabatement of actions ,no suit1 action1 or other proceeding commenced by or against the ,assistant ,secretary of ,commerce for ,communications and ,information shall abate by reason of the enactment of this title and the amendments made by this title4 7#c7 ,proceedings ,this title1 and the amendments made by this title1 shall not affect any proceedings or any application for any benefits1 service1 license1 permit1 certificate1 or financial assistance pending on the date of enactment of this ,act before the ,national ,telecommunications and ,information ,administration1 but those proceedings and applications shall be continued4 ,orders shall be issued in such proceedings1 appeals shall be taken therefrom1 and payments shall be made pursuant to such orders1 as if this title had not been enacted1 and orders issued in any such proceeding shall continue in effect until modified1 terminated1 superseded1 or revoked by a duly authorized official1 by a court of competent jurisdiction1 or by operation of law4 ,nothing in this paragraph shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that the proceeding could have been discontinued or modified if this title had not been enacted4 7#d7 ,suits ,this title1 and the amendments made by this title1 shall not affect suits commenced before the date of enactment of this ,act1 and in all such suits1 proceeding shall be had1 appeals taken1 and judgments rendered in the same manner and with the same effect as if this title1 and the amendments made by this title1 had not been enacted4 ,,iii ,creation of a spectrum pipeline #cja4 ,creation of a spectrum pipeline 7a7 ,definitions ,in this section3 7#a7 ,affected ,federal entity ,the term affected ,federal entity means a ,federal entity-- 7,a7 with operations in any band of frequencies described in subsection 7b77#a72 and 7,b7 that the ,under ,secretary determines might be affected by a reallocation in a band described in subparagraph 7,a74 7#b7 ,co-lead ,the term co-lead means an official who-- 7,a7 is the head of a ,federal entity-- 7i7 with operations in a band of frequencies described in subsection 7b77#a77;,a72 and 7ii7 that the ,under ,secretary determines might be affected by a reallocation in a band of frequencies described in subsection 7b77#a77;,a72 and 7,b7 elects to serve as a co-lead of the feasibility assessment required under subsection 7b74 7#c7 ,federal entity ,the term ,federal entity has the meaning given the term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 7b7 ,feasibility assessment 7#a7 ,completion of assessment ,the ,secretary of ,commerce1 acting through the ,under ,secretary1 with the assistance of the co-leads1 shall complete a feasibility assessment of making spectrum available for-- 7,a7 non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 in the bands of frequencies between #gabe and #hejj megahertz1 inclusive2 and 7,b7 shared ,federal and non-,federal use in the bands of frequencies between #cgjjj and #cgfjj megahertz1 inclusive4 7#b7 ,other requirements ,in conducting the feasibility assessment required under paragraph 7#a71 the ,under ,secretary1 with the assistance of the co-leads1 shall-- 7,a7 coordinate directly with each affected ,federal entity with respect to frequencies allocated to1 and used by1 that affected ,federal entity in the bands described in that paragraph and in affected adjacent or near adjacent bands2 7,b7 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 frequencies2 7,c7 consider dynamic spectrum sharing1 such as an incumbent informing capability1 as required under section #abj of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #ajb of this ,act1 and1 for the bands of frequencies described in paragraph 7#a77;,a71 relocation of systems1 compression or re-packing of systems1 consolidation of systems1 and any other re-purposing options the ,under ,secretary1 with the assistance of the co-leads1 determines will enable the most efficient and effective use of frequencies considered under that paragraph2 and 7,d7 comply with the requirements of section #aac7;j7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;j774 7#c7 ,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 subsection4 7#d7 ,deadline for completion of assessment ,the ,under ,secretary and the co-leads shall complete the assessment required under this subsection-- 7,a7 if affected ,federal entities submit requests for funding under subsection 7c77#a71 not later than #b years after the date on which all such requests for funding have been approved or denied2 and 7,b7 if no affected ,federal entity submits a request for funding under subsection 7c77#a71 not later than #hej days after the date of enactment of this ,act4 7c7 ,funding of activities ,to assist in conducting feasibility assessment 7#a7 ,in general ,if an affected ,federal entity determines that the affected ,federal entity requires funding to conduct activities described in section #aah7;g7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77 that are necessary to assist the ,under ,secretary and the co-leads in carrying out the assessment required under subsection 7b71 the affected ,federal entity shall1 not later than #abj days after the date of enactment of this ,act1 submit a request for payment pursuant to such section #aah7;g74 7#b7 ,exemption ,section #aah7;g77#b77;,d77ii7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77;,d77ii77 shall not apply with respect to a payment requested under paragraph 7#a74 7d7 ,report to the commission and congress 7#a7 ,in general ,not later than #cj days after the date on which the ,under ,secretary and the co-leads complete the feasibility assessment required under subsection 7b71 and subject to the other requirements of this subsection1 the ,under ,secretary shall submit to the ,commission and ,congress a report regarding that assessment4 7#b7 ,contents ,the report submitted under paragraph 7#a7 shall include-- 7,a7 which ,federal entities are affected ,federal entities and the contributions of those affected ,federal entities to the feasibility assessment required under subsection 7b72 7,b7 the necessary steps to make the bands of frequencies considered under subsection 7b77#a77;,a7 available for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 including-- 7i7 the technical requirements necessary to make those bands of frequencies available for-- 7,i7 exclusive non-,federal use2 and 7,,ii7 shared ,federal and non-,federal use2 and 7ii7 an estimate of the cost to affected ,federal entities to make the bands of frequencies considered under subsection 7b77#a77;,a7 available for-- 7,i7 exclusive non-,federal use2 and 7,,ii7 shared ,federal and non-,federal use2 7,c7 the necessary steps to make the bands of frequencies considered under subsection 7b77#a77;,b7 available for shared ,federal and non-,federal use1 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 available2 7,d7 an assessment of the likelihood that authorizing mobile or fixed terrestrial operations in any of the frequencies considered under subsection 7b77#a77;,b7 would result in harmful interference to an affected ,federal entity2 and 7,e7 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 7b7 could have on the mission of an affected ,federal entity4 7#c7 ,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 ,administration4 7#d7 ,classified information ,if there is classified material in the report submitted under this subsection1 the ,under ,secretary shall-- 7,a7 provide the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 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 report2 and 7,b7 transmit at least #a copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the ,senate and ,house of ,representatives4 7#e7 ,preparation of report ,before finalizing the report required under this subsection with respect to the feasibility assessment required under subsection 7b71 the ,under ,secretary shall-- 7,a7 submit the report for review by the ,spectrum ,advisory ,council2 and 7,b7 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 ,system1 issued on ,february #d1 #bjba4 7#f7 ,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 7e7 ,reports on future feasibility assessments 7#a7 ,in general ,not later than #cj days after the date on which the ,under ,secretary completes any feasibility assessment with respect to bands of electromagnetic spectrum 7other than the assessment required under subsection 7b771 the ,under ,secretary shall submit to the ,commission and ,congress a report regarding that assessment4 7#b7 ,contents ,each report required under paragraph 7#a7 shall include1 with respect to the applicable feasibility assessment described in that paragraph-- 7,a7 the ,federal entities identified by the ,assistant ,secretary with equities in the bands with respect to frequencies allocated to1 and used by1 those ,federal entities and the contributions of those ,federal entities to that feasibility assessment2 7,b7 the necessary steps to make the bands of frequencies considered under that feasibility assessment available for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 including-- 7i7 the technical requirements necessary to make bands in the frequencies considered under that feasibility assessment available for-- 7,i7 exclusive non-,federal use2 and 7,,ii7 shared ,federal and non-,federal use2 and 7ii7 an estimate of the cost to ,federal entities affected by making bands in the frequencies considered under that feasibility assessment available 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 that feasibility assessment would result in harmful interference to a ,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 that feasibility assessment could have on the mission of a ,federal entity4 7#c7 ,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 ,administration4 7#d7 ,classified information ,if there is classified material in a report submitted under this subsection1 the ,under ,secretary shall-- 7,a7 provide the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 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 report2 and 7,b7 transmit at least #a copy of both the classified report and the classified annexes to the sensitive compartmented information facilities of the ,senate and ,house of ,representatives4 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 #cjb4 ,spectrum auctions ,not later than ,december #cj1 #bjbg1 the ,commission shall complete a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 to grant new licenses for the band of frequencies between #abgjj megahertz and #acbej megahertz1 inclusive4 ,,iv ,extension of ,,fcc auction authority #dja4 ,extension 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 #bjbi4 ,v ,workforce development ,a ,improving minority participation #eja4 ,short title ,this subtitle may be cited as the ,improving ,minority ,participation ,and ,careers in ,telecommunications ,act or the ,,impact ,act4 #ejb4 ,definitions 7a7 ,definitions ,in this subtitle3 7#a7 ,covered grant ,the term covered grant means a grant awarded under section #ejc4 7#b7 ,eligible entity ,the term eligible entity means a historically ,black college or university1 a ,tribal ,college or ,university1 or any other minority-serving institution1 or a consortium of those entities1 that forms a partnership with #a or more of the following entities to carry out a training program3 7,a7 ,a member of the telecommunications industry1 such as a company or industry association4 7,b7 ,a labor or labor-management organization with experience working in the telecommunications industry1 the electromagnetic spectrum industry1 or a similar industry4 7,c7 ,the ,telecommunications ,industry ,registered ,apprenticeship ,program4 7,d7 ,a nonprofit organization dedicated to helping individuals gain employment in the telecommunications or electromagnetic spectrum industry4 7,e7 ,a community or technical college with experience in providing workforce development for individuals seeking employment in the telecommunications industry1 electromagnetic spectrum industry1 or a similar industry4 7,f7 ,a ,federal agency laboratory specializing in telecommunications or electromagnetic spectrum technology that is located within the ,national ,telecommunications and ,information ,administration4 7#c7 ,grant program ,the term ,grant ,program means the ,telecommunications ,workforce ,training ,grant ,program established under section #ejc4 7#d7 ,hispanic-serving institution ,the term ,hispanic-serving institution has the meaning given the term in section #ejb7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #aaja;a7a774 7#e7 ,historically black college or university ,the term historically ,black college or university has the meaning given the term part ,b institution in section #cbb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfa74 7#f7 ,improper payment ,the term improper payment has the meaning given the term in section #b7;d7 of the ,improper ,payments ,information ,act of #bjjb 7,public ,law #ajg-cjj2 #aaf ,stat4 #bcea74 7#g7 ,industry field activity ,the term industry field activity means an activity at an active telecommunications1 cable1 or broadband network worksite1 such as a tower1 construction site1 or network management hub4 7#h7 ,industry partner ,the term industry partner means an entity described in any of subparagraphs 7,a7 through 7,f7 of paragraph 7#b7 with which an eligible entity forms a partnership to carry out a training program4 7#i7 ,minority-serving institution ,the term minority-serving institution means an eligible institution described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#aj7 ,registered apprenticeship program ,the term registered apprenticeship program means an apprenticeship registered under the ,act of ,august #af1 #aicg 7commonly known as the ,national ,apprenticeship ,act2 #ej ,stat4 #ffd1 chapter #ffc74 7#aa7 ,training program ,the term training program means a credit or non-credit program developed by an eligible entity1 in partnership with an industry partner1 that-- 7,a7 is designed to educate and train students to participate in the telecommunications or electromagnetic spectrum workforce2 and 7,b7 includes a curriculum and apprenticeship or internship opportunity that can also be paired with-- 7i7 a degree program2 or 7ii7 stacked credentialing toward a degree4 7#ab7 ,tribal college or university ,the term ,tribal ,college or ,university has the meaning given the term in section #caf7;b7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajei;c7b774 #ejc4 ,program 7a7 ,program ,the ,under ,secretary1 acting through the ,director of the ,office of ,minority ,broadband ,initiatives established under section #ijb7;b77#a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #acjf71 shall establish a program1 to be known as the ,telecommunications ,workforce ,training ,grant ,program1 under which the ,under ,secretary shall award grants to eligible entities to develop training programs4 7b7 ,application 7#a7 ,in general ,an eligible entity desiring a covered grant shall submit to the ,under ,secretary an application at such time1 in such manner1 and containing such information as the ,under ,secretary may require4 7#b7 ,contents ,an eligible entity shall include in an application submitted under paragraph 7#a7-- 7,a7 a commitment from the industry partner of the eligible entity to collaborate with the eligible entity to develop a training program1 including curricula and internships or apprenticeships2 7,b7 a description of how the eligible entity plans to use the covered grant funds1 including the type of training program the eligible entity plans to develop2 7,c7 a plan for recruitment of students and potential students to participate in the applicable training program2 7,d7 a plan to increase female student participation in the applicable training program2 7,e7 a description of potential jobs to be secured through the applicable training program1 including jobs in the communities surrounding the eligible entity2 and 7,f7 a description of how the eligible entity will meet the short-term and long-term goals established under subsection 7e77#b7 and performance metrics established under that subsection4 7c7 ,use of funds ,an eligible entity may use covered grant funds1 with respect to the training program of the eligible entity1 to-- 7#a7 hire faculty members to teach courses in the applicable training program2 7#b7 train faculty members to prepare students for employment in jobs related to the deployment of next-generation wired and wireless communications networks1 including #e;,g networks1 hybrid fiber-coaxial networks1 and fiber infrastructure1 particularly in-- 7,a7 broadband1 electromagnetic spectrum1 or wireless network engineering2 7,b7 network deployment and maintenance2 and 7,c7 industry field activities2 7#c7 design and develop curricula and other components necessary for degrees1 courses1 or programs of study1 including certificate programs and credentialing programs1 that comprise the training program2 7#d7 pay for costs associated with instruction under the training program1 including the costs of equipment1 telecommunications training towers1 laboratory space1 classroom space1 and instructional field activities2 7#e7 fund scholarships1 student internships1 apprenticeships1 and pre-apprenticeship opportunities in the areas described in paragraph 7#b72 7#f7 recruit students for the training program2 and 7#g7 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 industry4 7d7 ,grant awards 7#a7 ,deadline ,not later than #b years after the date on which amounts are made available to carry out this section1 the ,under ,secretary shall award all covered grants4 7#b7 ,minimum allocation to certain entities ,of the total amount of covered grants made under this section1 the ,under ,secretary shall award not less than-- 7,a7 #bj percent of covered grant amounts to eligible entities that include historically ,black colleges or universities2 7,b7 #bj percent of covered grant amounts to eligible entities that include ,tribal ,colleges or ,universities2 and 7,c7 #bj percent of covered grant amounts to eligible entities that include ,hispanic-serving institutions4 7#c7 ,coordination ,the ,under ,secretary shall ensure that covered grant amounts awarded under paragraph 7#b7 are coordinated with grant amounts provided under section #ijb of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #acjf74 7#d7 ,construction ,in awarding covered grants for education relating to construction1 the ,under ,secretary may prioritize applications that partner with registered apprenticeship programs1 industry-led apprenticeship programs1 pre-apprenticeship programs1 other work-based learning opportunities1 or public #b-year community or technical colleges that have a written agreement with #a or more registered apprenticeship programs1 industry-led apprenticeship programs1 pre-apprenticeship programs1 or other work-based learning opportunities4 7e7 ,rules 7#a7 ,issuance ,not later than #ahj days after the date of enactment of this ,act1 after providing public notice and an opportunity to comment1 the ,under ,secretary1 in consultation with the ,secretary of ,labor and the ,secretary of ,education1 shall issue final rules governing the ,grant ,program4 7#b7 ,content of rules ,in the rules issued under paragraph 7#a71 the ,under ,secretary shall-- 7,a7 establish short-term and long-term goals for an eligible entity that receives a covered grant2 7,b7 establish performance metrics that demonstrate whether the goals described in paragraph 7#a7 have been met by an eligible entity2 7,c7 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 ,program2 and 7,d7 develop criteria for evaluating applications for covered grants4 7f7 ,term ,the ,under ,secretary shall establish the term of a covered grant1 which may not be less than #e years4 7g7 ,grantee reports ,during the term of a covered grant received by an eligible entity1 the eligible entity shall submit to the ,under ,secretary a semiannual report that1 with respect to the preceding #ahj-;day period-- 7#a7 describes how the eligible entity used the covered grant amounts2 7#b7 describes the progress the eligible entity made in developing and executing the applicable training program2 7#c7 describes the number of faculty and students participating in the applicable training program2 7#d7 describes the partnership with the industry partner of the eligible entity1 including-- 7,a7 the commitments and in-kind contributions made by the industry partner2 and 7,b7 the role of the industry partner in curriculum development1 the degree program1 and internships and apprenticeships2 7#e7 includes data on internship1 apprenticeship1 and employment opportunities and placements2 and 7#f7 provides information determined necessary by ,under ,secretary to-- 7,a7 measure progress toward the goals established under subsection 7e77#b77;,a72 and 7,b7 assess whether the goals described in subparagraph 7,a7 are being met4 7h7 ,oversight 7#a7 ,audits ,the ,inspector ,general of the ,department of ,commerce shall audit the ,grant ,program in order to-- 7,a7 ensure that eligible entities use covered grant amounts in accordance with the requirements of this section1 including the purposes for which covered grants may be used1 as described in subsection 7c72 and 7,b7 prevent waste1 fraud1 abuse1 and improper payments in the operation of the ,grant ,program4 7#b7 ,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 section1 including if the eligible entity uses the grant for a purpose that is not in compliance with subsection 7c74 7#c7 ,audit findings ,any finding by the ,inspector ,general of the ,department of ,commerce under paragraph 7#a7 of waste1 fraud1 or abuse in the ,grant ,program1 or that an improper payment has been made with respect to the ,grant ,program1 shall identify the following3 7,a7 ,any entity within the eligible entity that committed the applicable act4 7,b7 ,the amount of funding made available from the ,grant ,program to the eligible entity4 7,c7 ,the amount of funding determined to be an improper payment to an eligible entity1 if applicable4 7#d7 ,notification of audit findings ,not later than #g days after making a finding under paragraph 7#a7 of waste1 fraud1 or abuse in the ,grant ,program1 or that an improper payment has been made with respect to the ,grant ,program1 the ,inspector ,general of the ,department of ,commerce shall concurrently notify the ,under ,secretary1 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 and the ,committee on ,energy and ,commerce of the ,house of ,representatives of that finding1 which shall include the information identified under paragraph 7#c7 with respect to the finding4 7#e7 ,fraud risk management ,the ,under ,secretary shall1 with respect to the ,grant ,program-- 7,a7 designate an entity within the ,office of ,minority ,broadband ,initiatives to lead fraud risk management activities2 7,b7 ensure that the entity designated under subparagraph 7,a7 has defined responsibilities and the necessary authority to serve the role of the entity2 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 antifraud strategy1 focusing on preventative control activities2 7,h7 consider the benefits and costs of controls to prevent and detect potential fraud and develop a fraud response plan2 and 7,i7 establish collaborative relationships with stakeholders and create incentives to help ensure effective implementation of the antifraud strategy4 7i7 ,annual report to congress ,until the year in which all covered grants have expired1 the ,under ,secretary shall submit to ,congress an annual report that1 for the year covered by the report-- 7#a7 identifies each eligible entity that received a covered grant and the amount of the covered grant2 7#b7 describes the progress each eligible entity described in paragraph 7#a7 has made toward accomplishing the overall purpose of the ,grant ,program1 as described in subsection 7c72 7#c7 summarizes the job placement status or apprenticeship opportunities of students who have participated in each training program2 7#d7 includes the findings of any audits conducted by the ,inspector ,general of the ,department of ,commerce under subsection 7h77#a7 that were not included in the previous report submitted under this subsection2 and 7#e7 includes information on-- 7,a7 the progress of each eligibly entity towards the short-term and long-term goals established under subsection 7e77#b77;,a72 and 7,b7 the performance of each eligible entity with respect to the performance metrics described in subsection 7e77#b77;,b74 ,b ,national spectrum workforce plan #eaa4 ,national spectrum workforce plan 7a7 ,national spectrum workforce plan ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary1 in coordination with the ,executive ,office of the ,president1 and in consultation with the heads of the member agencies of the ,spectrum ,advisory ,council and the stakeholders described in subsection 7b71 shall develop a ,national ,spectrum ,workforce ,plan to-- 7#a7 understand the spectrum workforce development needs for the ,united ,states2 7#b7 prioritize the development of1 and enhancement to1 the spectrum ecosystem workforce1 including the operational1 technical1 and policy positions involved in spectrum-related activities2 and 7#c7 consider strategies and methods to encourage the development of spectrum engineering training programs1 work-study programs1 and trade school certification programs to strengthen the spectrum workforce ecosystem4 7b7 ,stakeholder engagement ,the ,under ,secretary1 in coordination with the ,executive ,office of the ,president1 shall use the collaborative framework established under section #aja7;d7 to collect input from stakeholders1 including academia1 ,federal agencies1 ,tribal ,nations1 and industry1 to identify the education and training programs necessary to equip the existing workforce1 and prepare the future workforce1 to meet the evolving spectrum-related workforce demands4 7c7 ,updates ,not later than #c years after the date of enactment of this ,act1 and once every #d years thereafter 7or more frequently1 as appropriate1 as determined by the ,under ,secretary71 the ,under ,secretary1 in coordination with the ,executive ,office of the ,president1 shall update the ,national ,spectrum ,workforce ,plan developed under subsection 7a74 7d7 ,report to congress ,the ,under ,secretary shall submit to ,congress the ,national ,spectrum ,workforce ,plan established subsection 7a7 and any updates to that ,plan made under subsection 7c74 ,,vi ,spectrum auction trust fund #fja4 ,definition ,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 ,march #i1 #bjbc1 and ending on ,september #cj1 #bjbi2 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 #abgjj megahertz and #acbej megahertz1 inclusive1 on or after the date of enactment of this ,act2 7#c7 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#b77 and is conducted on or after the date of enactment of this ,act2 or 7#d7 with respect to which the ,commission shares with a licensee a portion of the proceeds1 as described in paragraph 7#h77;,g7 of section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 as amended by this ,act1 and that is conducted on or after the date of enactment of this ,act4 #fjb4 ,spectrum ,auction ,trust ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,spectrum ,auction ,trust ,fund 7referred to in this section as the ,fund7 for the purposes described in subparagraphs 7,a7 through 7,i7 of subsection 7c77#a74 7#b7 ,amounts available until expended ,amounts deposited in the ,fund shall remain available until expended4 7b7 ,deposit of proceeds 7#a7 ,in general ,notwithstanding any other provision of law1 except section #cji7;j77#h77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,b771 the proceeds 7including deposits and upfront payments from successful bidders7 from any covered auction shall be deposited or available as follows3 7,a7 ,with respect to a covered auction described in paragraph 7#c7 or 7#d7 of section #fja1 the proceeds of the covered auction shall be deposited or available as follows3 7i7 ,with respect to a covered auction described in section #fja7c7-- 7,i7 such amount of those proceeds as is necessary to cover #aaj percent of the relocation or sharing costs 7as defined in subsection 7g77#c7 of section #aac of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc77 of ,federal entities 7as defined in subsection 7l7 of such section #aac7 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 #ibh72 and 7,,ii7 any remaining proceeds after making the deposit described in subclause 7,i7 shall be deposited in accordance with subsection 7c74 7ii7 ,with respect to a covered auction described in section #fja7d7-- 7,i7 such amount of those proceeds as the ,commission has agreed to share with licensees under section #cji7;j77#h77;,g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,g77 shall be shared with those licensees2 and 7,,ii7 any remaining proceeds after sharing proceeds1 as described in subclause 7,i71 shall be deposited in accordance with subsection 7c74 7,b7 ,after carrying out subparagraph 7,a7 7if that subparagraph is applicable to the covered auction71 #b1jjj1jjj1jjj of the proceeds of the covered auction shall be deposited in the general fund of the ,treasury1 where those proceeds shall be dedicated for the sole purpose of deficit reduction4 7,c7 ,any proceeds of the covered auction that remain after carrying out subparagraphs 7,a7 and 7,b7 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 7including paragraph 7#a771 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 or available as follows3 7,a7 ,if that system of competitive bidding is a covered auction described in paragraph 7#c7 or 7#d7 of section #fja1 the proceeds of the system of competitive bidding shall be deposited or available as follows3 7i7 ,with respect to a covered auction described in section #fja7c71 such amount of those proceeds as is necessary to cover #aaj percent of the relocation or sharing costs 7as defined in subsection 7g77#c7 of section #aac of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc77 of ,federal entities 7as defined in subsection 7l7 of such section #aac7 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 7ii7 ,with respect to a covered auction described in section #fja7d71 such amount of those proceeds as the ,commission has agreed to share with licensees under section #cji7;j77#h77;,g7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77;,g77 shall be shared with those licensees4 7,b7 ,after carrying out subparagraph 7,a7 7if that subparagraph is applicable to that system of competitive bidding71 #cjj1jjj1jjj of the proceeds of that system of competitive bidding shall be deposited in the general fund of the ,treasury1 where those proceeds shall be dedicated for the sole purpose of deficit reduction4 7,c7 ,any proceeds of that system of competitive bidding that remain after carrying out subparagraphs 7,a7 and 7,b7 shall be deposited in accordance with subsection 7c74 7c7 ,deposit of funds 7#a7 ,in general ,notwithstanding any other provision of law 7except for subsection 7b771 an aggregate total amount of #bj1fje1jjj1jjj of the proceeds of covered auctions that remain after carrying out that subsection shall be deposited in the ,fund as follows3 7,a7 #ab percent of those remaining amounts1 but not more than #c1jhj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7d77#a77;,a74 7,b7 #ab percent of those remaining amounts1 but not more than #e1jjj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7d77#a77;,b74 7,c7 #ab percent of those remaining amounts1 but not more than #b1jjj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7e77#a77;,a74 7,d7 #ab percent of those amounts1 but not more than #c1jjj1jjj1jjj cumulatively1 shall be transferred to the general fund of the ,treasury to reimburse the amount borrowed under subsection 7e77#a77;,b74 7,e7 #ab percent of those remaining amounts1 but not more than #b1jjj1jjj1jjj cumulatively1 shall be made available to the ,under ,secretary1 to remain available until expended1 to carry out sections #aei1 #afj1 and #afa of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #hja of this ,act1 except that not more than #d percent of the amount made available under this subparagraph may be used for administrative purposes 7including carrying out such sections #afj and #afa74 7,f7 #ab percent of those remaining amounts1 but not more than #c1cjj1jjj1jjj cumulatively1 shall be made available to the ,director of the ,national ,science ,foundation to carry out research and related activities1 of which-- 7i7 #a1fej1jjj1jjj shall be for the ,directorate for ,technology1 ,innovation1 and ,partnerships established under section #ajcha of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #aiaja72 and 7ii7 #a1fej1jjj1jjj shall be used to carry out other research and related activities for which amounts are authorized to be appropriated under section #ajcjc of the ,research and ,development1 ,competition1 and ,innovation ,act 7,public ,law #aag-afg74 7,g7 #ab percent of those remaining amounts1 but not more than #a1gjj1jjj1jjj cumulatively1 shall be made available to the ,under ,secretary of ,commerce for ,standards and ,technology1 of which-- 7i7 #a1dge1jjj1jjj shall be used to carry out scientific and technical research and services laboratory activities under subtitle ,b of title ,,ii of the ,research and ,development1 ,competition1 and ,innovation ,act 7#db ,u4,s4,c4 #ahica et seq472 and 7ii7 #bbe1jjj1jjj shall be used for ,safety1 ,capacity1 ,maintenance1 and ,major ,repairs for which amounts are authorized to be appropriated under section #ajbaa of the ,research and ,development1 ,competition1 and ,innovation ,act 7,public ,law #aag-afg74 7,h7 #ab percent of those remaining amounts1 but not more than #ejj1jjj1jjj cumulatively1 shall be made available to the ,under ,secretary to carry out the ,telecommunications ,workforce ,training ,grant ,program established under section #ejc4 7,i7 #d percent of those remaining amounts1 but not more than #be1jjj1jjj cumulatively1 shall be made available to the ,under ,secretary and the ,secretary of ,defense for the purpose of research and development1 engineering studies1 economic analyses1 activities with respect to systems1 or other planning activities to improve efficiency and effectiveness of spectrum use of the ,department of ,defense4 7#b7 ,distribution ,if the maximum amount permitted under any subparagraph of paragraph 7#a7 is reached1 whether through covered auction proceeds or appropriations to the program specified in that subparagraph1 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 7#a7 for which the maximum amount permitted has not been met4 7#c7 ,deficit reduction ,after the amounts required to be made available by paragraphs 7#a7 and 7#b7 are 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 7#a7 ,in general ,subject to the limitation under paragraph 7#b71 not later than #ij days after the date of enactment of this ,act1 the ,commission may borrow from the ,treasury of the ,united ,states an amount not to exceed-- 7,a7 #c1jhj1jjj1jjj to carry out the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afja et seq472 and 7,b7 #e1jjj1jjj1jjj to carry out section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#dg ,u4,s4,c4 #ageb74 7#b7 ,limitation ,the ,commission may not use any funds borrowed under this subsection in a manner that may result in outlays on or after ,december #ca1 #bjcc4 7e7 ,department of ,commerce borrowing authority 7#a7 ,in general ,subject to the limitation under paragraph 7#b71 not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,commerce may borrow from the ,treasury of the ,united ,states an amount not to exceed-- 7,a7 #b1jjj1jjj1jjj to carry out section #bh of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgbb;a72 and 7,b7 #c1jjj1jjj1jjj for the fund established under section #ajb7;a7 of the ,,chips ,act of #bjbb 7#ae ,u4,s4,c4 #dfea note71 which shall be used to carry out section #iijb of the ,william ,m4 7,mac7 ,thornberry ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7#ae ,u4,s4,c4 #dfeb74 7#b7 ,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 #ca1 #bjcc4 7f7 ,reporting requirement ,not later than #b years after the date of enactment of this ,act1 and annually thereafter until funds are fully expended1 the heads of the agencies to which funds are made available under each subparagraph of subsection 7c77#a7 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 report on the amount transferred or made available under the applicable subparagraph4 ,,vii ,secure and trusted communications networks reimbursement program #gja4 ,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 ,,viii ,next ,generation #i-a-a #hja4 ,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 ,under ,secretary with respect to ,next ,generation #i-a-a 7#a7 ,in general ,the ,under ,secretary1 after consulting with the ,administrator1 shall-- 7,a7 take actions1 in coordination with ,state points of contact described in 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 #bjbe1 and each year thereafter until funds made available to make grants under subsection 7c7 are no longer available to be expended1 the ,under ,secretary shall submit to ,congress a report on the activities conducted by the ,under ,secretary under paragraph 7#a7 in the year preceding the submission of the report4 7#c7 ,assistance ,the ,under ,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 ,under ,secretary determines necessary4 7b7 ,additional duties 7#a7 ,management plan 7,a7 ,development ,the ,under ,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 the grant program2 and 7ii7 funding profiles for each fiscal year of the duration of the grant program4 7,b7 ,submission to ,congress ,not later than #ahj days after the date of enactment of this section1 the ,under ,secretary shall-- 7i7 submit the management plan developed under subparagraph 7,a7 to-- 7,i7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate2 and 7,,ii7 the ,committee on ,energy and ,commerce and the ,committee on ,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 ,under ,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 ,under ,secretary shall-- 7i7 submit the modified plan to-- 7,i7 the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,appropriations of the ,senate2 and 7,,ii7 the ,committee on ,energy and ,commerce and the ,committee on ,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 ,under ,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 ,under ,secretary2 and 7ii7 the cost is reasonable and necessary 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 ,under ,secretary1 after consulting with the ,administrator1 shall require an eligible entity to submit to the ,under ,secretary an application1 at the time and in the manner determined by the ,under ,secretary1 containing the certification required by paragraph 7#c74 7#c7 ,coordination required ,an 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 the ,state1 except that the designation need not vest the 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 entity has complied with clauses 7i7 and 7iii7 of subparagraph 7,a7 7except for subclause 7,,viii77bb7 of such clause 7iii774 7#d7 ,criteria 7,a7 ,in general ,not later than #a year after the date of enactment of this section1 the ,under ,secretary1 after consulting with the ,administrator1 shall issue rules1 after providing the public with notice and an opportunity to comment1 establishing the criteria for selecting eligible entities for grants under this subsection4 7,b7 ,requirements ,the criteria established under subparagraph 7,a7 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 ,under ,secretary shall update the rules issued under subparagraph 7,a7 as necessary4 7#e7 ,grant certifications ,an eligible entity shall certify to the ,under ,secretary at the time of application for a grant under this subsection1 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 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 if 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 is obligated or expended for a purpose or function not designated as acceptable under the rules issued under 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 those rules are in effect on the date on which the eligible entity makes the certification72 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 in a manner that ensures reliability and interoperability by requiring the use of commonly accepted standards2 7,c7 the eligible entity 7or if 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 after 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 taken 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 ,an 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 the period during which the funds from the grant are available to the eligible entity1 all of the funds from the grant shall be returned to the ,under ,secretary4 7#g7 ,penalty for providing false information ,an eligible entity that knowingly provides false information in a certification under paragraph 7#e7-- 7,a7 shall not be eligible to receive the grant under this subsection2 7,b7 shall return any grant awarded under this subsection2 and 7,c7 shall 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 the 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 data1 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 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 #a 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 #a 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 #a 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 provider ,the term emergency response provider has the meaning given that term in 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-a1 including through the use of geo-diverse1 device- and network-agnostic elements that provide more than #a route between end points with no common points where a single failure at that point would cause all routes 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 ,under ,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 ,under ,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 ,under ,secretary-- 7,a7 with respect to carrying out the duties and responsibilities of the ,under ,secretary in issuing the rules required under section #aei7;c77#d72 7,b7 as required by paragraph 7#g7 of this subsection2 and 7,c7 upon request under paragraph 7#h7 of this subsection4 7#b7 ,membership 7,a7 ,appointment ,not later than #aej days after the date of enactment of this section1 the ,under ,secretary shall appoint #af 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 of the ,board shall be representatives of ,states or ,tribes and local governments1 chosen to reflect geographic and population density differences1 as well as public safety organizations at the national level across the ,united ,states4 7,c7 ,expertise ,each member of the ,board 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 under subparagraph 7,a71 the ,under ,secretary shall appoint a rank and file member from each of the public safety disciplines listed in clauses 7i7 through 7iv7 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 level4 7#c7 ,period of appointment 7,a7 ,in general ,except as provided in subparagraph 7,b71 a member 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 ,under ,secretary4 7#d7 ,vacancies ,a 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 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 ,under ,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 into ,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 ,under ,secretary only upon request of the ,under ,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 ,under ,secretary to seek comment from stakeholders and the public4 4