Sec. 101. Spectrum auctions and innovation

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Section 90008(a) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 note) is amended— by redesignating paragraph

(3)as paragraph (4); by inserting after paragraph

(2)the following: The term Federal entity has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(l) ). ; and by adding at the end the following: The term relocation or sharing costs has the meaning given such term in section 113(g)(3) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(g)(3) ). The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. . Section 90008(b) of the Infrastructure Investment and Jobs Act ( 47 U.S.C. 921 note) is amended— in paragraph (1)— in subparagraph (A)(i), by striking for shared Federal and non-Federal commercial licensed use; and and inserting for non-Federal use, shared Federal and non-Federal use, or a combination thereof; and ; in subparagraph (B)— by striking Section and inserting the following: Section ; in clause (i), as so designated, by striking the payment required under subparagraph

(A)and inserting payments made under subparagraph

(A)before the date of the enactment of the ; and Spectrum Auction Reauthorization Act of 2023 by adding at the end the following: The Secretary of Defense shall submit a report to the Secretary of Commerce and the Director of the Office of Management and Budget not later than 90 days after the date of the enactment of the Spectrum Auction Reauthorization Act of 2023 , in accordance with section 118(g)(2)(D)(i)(I) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(D)(i)(I) ), describing the activities for which the Department of Defense has used, is using, and will use payments made under subparagraph

(A)before the date of the enactment of the Spectrum Auction Reauthorization Act of 2023 . The Secretary of Commerce, acting through the Assistant Secretary, and the Director of the Office of Management and Budget shall continuously review and provide an accounting of the activities carried out using the payments made under subparagraph (A). ; by amending subparagraph

(C)to read as follows: For purposes of paragraph (2)(A), the Secretary of Defense, in coordination with the heads of other relevant Federal agencies who receive funds under subparagraph

(D)of this paragraph, shall, not later than September 30, 2023, report to the Secretary of Commerce the findings of the planning activities described in subparagraph

(A)of this paragraph, and detail frequencies in the covered band for identification by the Secretary of Commerce under paragraph (2). ; and by adding at the end the following: Federal entities with operations in the covered band that did not receive a payment under subparagraph

(A)and that the Assistant Secretary determines might be affected by reallocation of the covered band may request a payment under section 118(g)(2)(A) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(A) ) in order to make available the entire covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof. Total awards under this clause shall not exceed $25,000,000. Subparagraphs (C)(ii) and (D)(ii) of section 118(g)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2) ) shall not apply with respect to a payment made under clause (i). The Assistant Secretary and the Department of Defense Chief Information Officer will serve as co-chairs of the Partnering to Advance Trusted and Holistic Spectrum Solutions (PATHSS) Task Group. ; by amending paragraph

(2)to read as follows: Not later than June 15, 2025, informed by the report required under paragraph (1)(C), the Secretary of Commerce, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that identifies 350 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof. If the Secretary of Defense believes reallocation of the frequencies identified by the Secretary of Commerce under subparagraph

(A)poses an unacceptable risk to the national security of the United States, the Secretary of Defense shall inform the President, as the Commander in Chief under Article II, Section 2 of the United States Constitution, and the President shall make a final determination regarding which frequencies could feasibly be reallocated for the purposes of that subparagraph. ; by amending paragraph

(3)to read as follows: Not later than January 15, 2028, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ), in accordance with paragraph

(2)of this subsection, of the frequencies identified under such paragraph as suitable for a system of competitive bidding. No entity that produces or provides any covered communications equipment or service (as defined in section 9 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1608 )), or any affiliate (as defined in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 )) of such an entity, may participate in the system of competitive bidding required by subparagraph (A). The Commission may not include in the system of competitive bidding required by subparagraph

(A)any frequencies that are not in the covered band. ; and by amending paragraph

(4)to read as follows: The President, acting through the Assistant Secretary, shall— begin the process of modifying or withdrawing any assignment to a Federal Government station of the frequencies identified under paragraph

(2)to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph not later than December 15, 2027; and not later than 30 days after completing any necessary withdrawal or modification under clause (i), notify the Commission that the withdrawal or modification is complete. The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)— unless the President determines that such modification or withdrawal will not pose an unacceptable risk to the national security of the United States; and before November 30, 2024. . Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) ) is amended by striking except that and all that follows and inserting except that with respect to the electromagnetic spectrum identified as suitable for a system of competitive bidding under section 90008(b)(2) of the Infrastructure Investment and Jobs Act ( . 47 U.S.C. 921 note), such authority shall expire on the date that is 7 years after November 15, 2021. Section 1004 of the Spectrum Pipeline Act of 2015 ( Public Law 114–74 ; 129 Stat. 621; 47 U.S.C. 921 note) is amended— in subsection (a), by striking 2022 and inserting 2024 ; in subsection (b)(1), by striking 2022 and inserting 2024 ; and in subsection (c)(1)(B), by striking 2024 and inserting 2026 . Nothing in this section or the amendments made by this section shall be construed to alter or impede the activities authorized to be conducted using the payment required by section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 ; 135 Stat. 1348; 47 U.S.C. 921 note), as such section was in effect on the day before the date of the enactment of this Act, if the Assistant Secretary of Commerce for Communications and Information determines that such activities are conducted in accordance with section 90008 of the Infrastructure Investment and Jobs Act, as amended by this section. Nothing in this subsection shall be construed to affect any requirement under section 1062(b) of the National Defense Authorization Act for Fiscal Year 2000 ( 47 U.S.C. 921 note; Public Law 106–65 ). Nothing in this section, or any amendment made by this section, shall be construed to alter the authorities of the Assistant Secretary of Commerce for Communications and Information in the spectrum management process as provided in the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ).

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