[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7624 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 7624
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 28, 2022
Received; read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
AN ACT
To make available additional frequencies in the 3.1-3.45 GHz band for
non-Federal use, shared Federal and non-Federal use, or a combination
thereof, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Spectrum
Innovation Act of 2022''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--SPECTRUM AUCTIONS AND INNOVATION
Sec. 101. Spectrum auctions and innovation.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
Sec. 201. Increase in limitation on expenditure.
TITLE III--NEXT GENERATION 9-1-1
Sec. 301. Further deployment and coordination of Next Generation 9-1-1.
TITLE IV--INCUMBENT INFORMING CAPABILITY
Sec. 401. Incumbent informing capability.
TITLE V--EXTENSION OF FCC AUCTION AUTHORITY
Sec. 501. Extension of FCC auction authority.
TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND
Sec. 601. Public Safety and Secure Networks Fund.
TITLE VII--DETERMINATION OF BUDGETARY EFFECTS
Sec. 701. Determination of budgetary effects.
TITLE I--SPECTRUM AUCTIONS AND INNOVATION
SEC. 101. SPECTRUM AUCTIONS AND INNOVATION.
(a) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Covered band.--The term ``covered band'' means the band
of frequencies between 3100 megahertz and 3450 megahertz,
inclusive.
(4) Federal entity.--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)).
(5) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Commerce, Science, and
Transportation of the Senate;
(C) the Committee on Armed Services of the House of
Representatives; and
(D) the Committee on Armed Services of the Senate.
(6) Relocation or sharing costs.--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)).
(7) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(b) 3.1-3.45 GHz Band.--
(1) Pipeline funding.--
(A) In general.--A Federal entity with operations
in the covered band that the Assistant Secretary
determines might be affected by reallocation of the
covered band may request a payment of up to $25,000,000
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.
(B) Exemptions.--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 described in subparagraph (A) of this
paragraph.
(C) Oversight.--The Assistant Secretary and the
Executive Office of the President shall continuously
review and provide oversight of the activities carried
out using a payment described in subparagraph (A) of
this paragraph, 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, or a
combination of both such payments.
(D) Report to secretary of commerce and congress.--
Not later than 15 months after the date of the
enactment of this Act, for the purposes of aiding the
Secretary in making the identification under paragraph
(2) and informed by the activities carried out using a
payment described in subparagraph (A), 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, or a combination of both such
payments, any Federal entity receiving such a payment
or payments, in consultation with the Assistant
Secretary and the Executive Office of the President,
shall submit to the Secretary and the relevant
congressional committees a report that--
(i) contains the findings of the activities
carried out using such payment or payments; and
(ii) recommends frequencies in the covered
band for identification by the Secretary under
paragraph (2).
(2) Identification.--Not later than 21 months after the
date of the enactment of this Act, informed by the report
required under paragraph (1)(D), the Secretary, 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 for inclusion
in a system of competitive bidding under paragraph (3) 350
megahertz of frequencies in the covered band for non-Federal
use, shared Federal and non-Federal use, or a combination
thereof.
(3) Auction.--
(A) In general.--Not later than 7 years after the
date of the enactment of this Act, 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 for a system of competitive bidding.
(B) Prohibition.--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).
(C) Scope.--The Commission may not include in the
system of competitive bidding required by subparagraph
(A) any frequencies that are not in the covered band.
(D) Deposit of proceeds.--Notwithstanding
subparagraphs (A), (C)(i), and (D) of section 309(j)(8)
of the Communications Act of 1934 (47 U.S.C. 309(j)(8))
and except as provided in subparagraph (B) of such
section, the proceeds (including deposits and upfront
payments from successful bidders) of the system of
competitive bidding required by subparagraph (A) of
this paragraph (in this subparagraph referred to as the
``covered proceeds'') shall be deposited or available
as follows:
(i) Such amount of the covered proceeds as
is necessary to cover 110 percent of the
relocation or sharing costs of Federal entities
relocated from or sharing the frequencies
identified under paragraph (2) of this
subsection shall be deposited in the Spectrum
Relocation Fund established under section 118
of the National Telecommunications and
Information Administration Organization Act (47
U.S.C. 928).
(ii) After the amount required to be
deposited by clause (i) is so deposited, any
remainder of the covered proceeds shall be
deposited in the Public Safety and Secure
Networks Fund established by section 601.
(4) Modification or withdrawal.--
(A) In general.--The President shall modify or
withdraw 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.
(B) Limitations.--The President may not modify or
withdraw any assignment to a Federal Government station
as described in subparagraph (A)--
(i) unless the President determines that
such modification or withdrawal will not
compromise the primary mission of a Federal
entity operating in the covered band; or
(ii) before November 30, 2024.
(5) Auction proceeds to cover 110 percent of federal
relocation or sharing costs.--Nothing in this subsection shall
be construed to relieve the Commission from the requirements
under section 309(j)(16)(B) of the Communications Act of 1934
(47 U.S.C. 309(j)(16)(B)).
(c) FCC Auction Authority.--
(1) Termination.--Section 309(j)(11) of the Communications
Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking
``2025'' and all that follows and inserting ``2026, and with
respect to the electromagnetic spectrum identified under
section 101(b)(2) of the Spectrum Innovation Act of 2022, such
authority shall expire on the date that is 7 years after the
date of the enactment of that Act.''.
(2) Spectrum pipeline act of 2015.--Section 1004 of the
Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat.
621; 47 U.S.C. 921 note) is amended--
(A) in subsection (a), by striking ``2022'' and
inserting ``2024'';
(B) in subsection (b)(1), by striking ``2022'' and
inserting ``2024''; and
(C) in subsection (c)(1)(B), by striking ``2024''
and inserting ``2026''.
(d) Repeal.--Section 90008 of the Infrastructure Investment and
Jobs Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note), and
the item relating to such section in the table of contents in section
1(b) of such Act, are repealed.
(e) Rule of Construction.--Nothing in this section, or the repeal
made by subsection (d), may 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 determines that such activities
are conducted in accordance with subsection (b) of this section.
TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT
PROGRAM
SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE.
Section 4(k) of the Secure and Trusted Communications Networks Act
of 2019 (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000''
and inserting ``$4,980,000,000''.
TITLE III--NEXT GENERATION 9-1-1
SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
(a) In General.--Part C of the National Telecommunications and
Information Administration Organization Act is amended by adding at the
end the following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Duties of Assistant Secretary With Respect to Next Generation
9-1-1.--
``(1) In general.--The Assistant Secretary shall--
``(A) take actions, in coordination with State
point of contacts described under subsection
(c)(3)(A)(ii), to improve coordination and
communication with respect to the implementation of
Next Generation 9-1-1;
``(B) develop, collect, and disseminate information
concerning the practices, procedures, and technology
used in the implementation of Next Generation 9-1-1;
``(C) advise and assist eligible entities in the
preparation of implementation plans required under
subsection (c)(3)(A)(iii);
``(D) provide technical assistance to eligible
entities provided a grant under subsection (c) in
support of efforts to explore efficiencies related to
Next Generation 9-1-1;
``(E) review and approve or disapprove applications
for grants under subsection (c); and
``(F) oversee the use of funds provided by such
grants in fulfilling such implementation plans.
``(2) Annual reports.--Not later than October 1, 2023, and
each year thereafter until funds made available to make grants
under subsection (c) are no longer available to be expended,
the Assistant Secretary shall submit to Congress a report on
the activities conducted by the Assistant Secretary under
paragraph (1) in the year preceding the submission of the
report.
``(b) Additional Duties.--
``(1) Management plan.--
``(A) Development.--The Assistant Secretary shall
develop a management plan for the grant program
established under this section, including by
developing--
``(i) plans related to the organizational
structure of such program; and
``(ii) funding profiles for each fiscal
year of the duration of such program.
``(B) Submission to congress.--Not later than 180
days after the date of the enactment of this section,
the Assistant Secretary shall--
``(i) submit the management plan developed
under subparagraph (A) to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(ii) publish the management plan
developed under subparagraph (A) on the website
of the National Telecommunications and
Information Administration.
``(2) Modification of plan.--
``(A) Modification.--The Assistant Secretary may
modify the management plan developed under paragraph
(1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Assistant
Secretary shall--
``(i) submit the modified plan to--
``(I) the Committees on Commerce,
Science, and Transportation and
Appropriations of the Senate; and
``(II) the Committees on Energy and
Commerce and Appropriations of the
House of Representatives; and
``(ii) publish the modified plan on the
website of the National Telecommunications and
Information Administration.
``(c) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Assistant Secretary shall provide grants
to eligible entities for--
``(A) implementing Next Generation 9-1-1;
``(B) maintaining Next Generation 9-1-1;
``(C) training directly related to implementing,
maintaining, and operating Next Generation 9-1-1 if the
cost related to the training does not exceed 3 percent
of the total grant award;
``(D) public outreach and education on how the
public can best use Next Generation 9-1-1 and the
capabilities and usefulness of Next Generation 9-1-1;
``(E) administrative costs associated with planning
of Next Generation 9-1-1, including any cost related to
planning for and preparing an application and related
materials as required by this subsection, if--
``(i) the cost is fully documented in
materials submitted to the Assistant Secretary;
and
``(ii) the cost is reasonable, necessary,
and does not exceed 1 percent of the total
grant award; and
``(F) costs associated with implementing
cybersecurity measures at emergency communications
centers or with respect to Next Generation 9-1-1.
``(2) Application.--In providing grants under paragraph
(1), the Assistant Secretary shall require an eligible entity
to submit to the Assistant Secretary an application, at the
time and in the manner determined by the Assistant Secretary,
and containing the certification required by paragraph (3).
``(3) Coordination required.--Each eligible entity shall
include in the application required by paragraph (2) a
certification that--
``(A) in the case of an eligible entity that is a
State, the entity--
``(i) has coordinated the application with
the emergency communications centers located
within the jurisdiction of the entity;
``(ii) has designated a single officer or
governmental body to serve as the State point
of contact to coordinate the implementation of
Next Generation 9-1-1 for that State, except
that such designation need not vest such
officer or governmental body with direct legal
authority to implement Next Generation 9-1-1 or
to manage emergency communications operations;
and
``(iii) has developed and submitted a plan
for the coordination and implementation of Next
Generation 9-1-1 that--
``(I) ensures interoperability by
requiring the use of commonly accepted
standards;
``(II) ensures reliability;
``(III) enables emergency
communications centers to process,
analyze, and store multimedia, data,
and other information;
``(IV) incorporates cybersecurity
tools, including intrusion detection
and prevention measures;
``(V) includes strategies for
coordinating cybersecurity information
sharing between Federal, State, Tribal,
and local government partners;
``(VI) uses open and competitive
request for proposal processes,
including through shared government
procurement vehicles, for deployment of
Next Generation 9-1-1;
``(VII) documents how input was
received and accounted for from
relevant rural and urban emergency
communications centers, regional
authorities, local authorities, and
Tribal authorities;
``(VIII) includes a governance body
or bodies, either by creation of new,
or use of existing, body or bodies, for
the development and deployment of Next
Generation 9-1-1 that--
``(aa) ensures full notice
and opportunity for
participation by relevant
stakeholders; and
``(bb) consults and
coordinates with the State
point of contact required by
clause (ii);
``(IX) creates efficiencies related
to Next Generation 9-1-1 functions,
including cybersecurity and the
virtualization and sharing of
infrastructure, equipment, and
services; and
``(X) utilizes an effective,
competitive approach to establishing
authentication, credentialing, secure
connections, and access in deploying
Next Generation 9-1-1, including by--
``(aa) requiring
certificate authorities to be
capable of cross-certification
with other authorities;
``(bb) avoiding risk of a
single point of failure or
vulnerability; and
``(cc) adhering to Federal
agency best practices such as
those promulgated by the
National Institute of Standards
and Technology; and
``(B) in the case of an eligible entity that is a
Tribal Organization, the Tribal Organization has
complied with clauses (i) and (iii) of subparagraph
(A).
``(4) Criteria.--
``(A) In general.--Not later than 1 year after the
date of the enactment of this section, the Assistant
Secretary shall issue regulations, after providing the
public with notice and an opportunity to comment,
prescribing the criteria for selecting eligible
entities for grants under this subsection.
``(B) Requirements.--The criteria shall--
``(i) include performance requirements and
a schedule for completion of any project to be
financed by a grant under this subsection; and
``(ii) specifically permit regional or
multi-State applications for funds.
``(C) Updates.--The Assistant Secretary shall
update such regulations as necessary.
``(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary at the time of application
for a grant under this subsection, and each eligible entity
that receives such a grant shall certify to the Assistant
Secretary annually thereafter during any period of time the
funds from the grant are available to the eligible entity,
that--
``(A) beginning on the date that is 180 days before
the date on which the application is filed, no portion
of any 9-1-1 fee or charge imposed by the eligible
entity (or in the case that the eligible entity is not
a State or Tribal organization, any State or taxing
jurisdiction within which the eligible entity will
carry out, or is carrying out, activities using grant
funds) are obligated or expended for a purpose or
function not designated under the rules issued pursuant
to section 6(f)(3) of the Wireless Communications and
Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as
such rules are in effect on the date on which the
eligible entity makes the certification) as acceptable;
``(B) any funds received by the eligible entity
will be used, consistent with paragraph (1), to support
the deployment of Next Generation 9-1-1 that ensures
reliability and interoperability, by requiring the use
of commonly accepted standards;
``(C) the eligible entity (or in the case that the
eligible entity is not a State or Tribal organization,
any State or taxing jurisdiction within which the
eligible entity will carry out or is carrying out
activities using grant funds) has established, or has
committed to establish not later than 3 years following
the date on which the grant funds are distributed to
the eligible entity--
``(i) a sustainable funding mechanism for
Next Generation 9-1-1; and
``(ii) effective cybersecurity resources
for Next Generation 9-1-1;
``(D) the eligible entity will promote
interoperability between emergency communications
centers deploying Next Generation 9-1-1 and emergency
response providers, including users of the nationwide
public safety broadband network;
``(E) the eligible entity has or will take steps to
coordinate with adjoining States and Tribes to
establish and maintain Next Generation 9-1-1; and
``(F) the eligible entity has developed a plan for
public outreach and education on how the public can
best use Next Generation 9-1-1 and on the capabilities
and usefulness of Next Generation 9-1-1.
``(6) Condition of grant.--Each eligible entity shall
agree, as a condition of receipt of a grant under this
subsection, that if any State or taxing jurisdiction within
which the eligible entity will carry out activities using grant
funds fails to comply with a certification required under
paragraph (5), during any period of time during which the funds
from the grant are available to the eligible entity, all of the
funds from such grant shall be returned to the Assistant
Secretary.
``(7) Penalty for providing false information.--Any
eligible entity that provides a certification under paragraph
(5) knowing that the information provided in the certification
was false shall--
``(A) not be eligible to receive the grant under
this subsection;
``(B) return any grant awarded under this
subsection; and
``(C) not be eligible to receive any subsequent
grants under this subsection.
``(8) Prohibition.--Grant funds provided under this
subsection may not be used--
``(A) to support any activity of the First
Responder Network Authority; or
``(B) to make any payments to a person who has
been, for reasons of national security, prohibited by
any entity of the Federal Government from bidding on a
contract, participating in an auction, or receiving a
grant.
``(d) Definitions.--In this section and sections 160 and 161:
``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge'
has the meaning given such term in section 6(f)(3)(D) of the
Wireless Communications and Public Safety Act of 1999 (47
U.S.C. 615a-1(f)(3)(D)).
``(2) 9-1-1 request for emergency assistance.--The term `9-
1-1 request for emergency assistance' means a communication,
such as voice, text, picture, multimedia, or any other type of
data that is sent to an emergency communications center for the
purpose of requesting emergency assistance.
``(3) Commonly accepted standards.--The term `commonly
accepted standards' means the technical standards followed by
the communications industry for network, device, and Internet
Protocol connectivity that--
``(A) enable interoperability; and
``(B) are--
``(i) developed and approved by a standards
development organization that is accredited by
an American standards body (such as the
American National Standards Institute) or an
equivalent international standards body in a
process--
``(I) that is open to the public,
including open for participation by any
person; and
``(II) provides for a conflict
resolution process;
``(ii) subject to an open comment and input
process before being finalized by the standards
development organization;
``(iii) consensus-based; and
``(iv) made publicly available once
approved.
``(4) Cost related to the training.--The term `cost related
to the training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(5) Eligible entity.--The term `eligible entity'--
``(A) means--
``(i) a State or a Tribal organization (as
defined in section 4(l) of the Indian Self-
Determination and Education Assistance Act (25
U.S.C. 5304(l))); or
``(ii) an entity, including a public
authority, board, or commission, established by
one or more entities described in clause (i);
and
``(B) does not include any entity that has failed
to submit the certifications required under subsection
(c)(5).
``(6) Emergency communications center.--
``(A) In general.--The term `emergency
communications center' means--
``(i) a facility that--
``(I) is designated to receive a 9-
1-1 request for emergency assistance;
and
``(II) performs one or more of the
functions described in subparagraph
(B); or
``(ii) a public safety answering point, as
defined in section 222 of the Communications
Act of 1934 (47 U.S.C. 222).
``(B) Functions described.--The functions described
in this subparagraph are the following:
``(i) Processing and analyzing 9-1-1
requests for emergency assistance and
information and data related to such requests.
``(ii) Dispatching appropriate emergency
response providers.
``(iii) Transferring or exchanging 9-1-1
requests for emergency assistance and
information and data related to such requests
with one or more other emergency communications
centers and emergency response providers.
``(iv) Analyzing any communications
received from emergency response providers.
``(v) Supporting incident command
functions.
``(7) Emergency response provider.--The term `emergency
response provider' has the meaning given that term under
section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
``(8) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1424).
``(9) Interoperability.--The term `interoperability' means
the capability of emergency communications centers to receive
9-1-1 requests for emergency assistance and information and
data related to such requests, such as location information and
callback numbers from a person initiating the request, then
process and share the 9-1-1 requests for emergency assistance
and information and data related to such requests with other
emergency communications centers and emergency response
providers without the need for proprietary interfaces and
regardless of jurisdiction, equipment, device, software,
service provider, or other relevant factors.
``(10) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(11) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an Internet Protocol-based system that--
``(A) ensures interoperability;
``(B) is secure;
``(C) employs commonly accepted standards;
``(D) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(E) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(F) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(12) Reliability.--The term `reliability' means the
employment of sufficient measures to ensure the ongoing
operation of Next Generation 9-1-1 including through the use of
geo-diverse, device- and network-agnostic elements that provide
more than one route between end points with no common points
where a single failure at that point would cause all to fail.
``(13) State.--The term `State' means any State of the
United States, the District of Columbia, Puerto Rico, American
Samoa, Guam, the United States Virgin Islands, the Northern
Mariana Islands, and any other territory or possession of the
United States.
``(14) Sustainable funding mechanism.--The term
`sustainable funding mechanism' means a funding mechanism that
provides adequate revenues to cover ongoing expenses, including
operations, maintenance, and upgrades.
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Assistant Secretary shall establish a Next Generation 9-1-1
Cybersecurity Center to coordinate with State, local, and regional
governments on the sharing of cybersecurity information about, the
analysis of cybersecurity threats to, and guidelines for strategies to
detect and prevent cybersecurity intrusions relating to Next Generation
9-1-1.
``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.
``(a) Next Generation 9-1-1 Advisory Board.--
``(1) Establishment.--The Assistant Secretary shall
establish a `Public Safety Next Generation 9-1-1 Advisory
Board' (in this section referred to as the `Board') to provide
recommendations to the Assistant Secretary--
``(A) with respect to carrying out the duties and
responsibilities of the Assistant Secretary in issuing
the regulations required under section 159(c);
``(B) as required by paragraph (7); and
``(C) upon request under paragraph (8).
``(2) Membership.--
``(A) Voting members.--Not later than 150 days
after the date of the enactment of this section, the
Assistant Secretary shall appoint 16 public safety
members to the Board, of which--
``(i) 4 members shall represent local law
enforcement officials;
``(ii) 4 members shall represent fire and
rescue officials;
``(iii) 4 members shall represent emergency
medical service officials; and
``(iv) 4 members shall represent 9-1-1
professionals.
``(B) Diversity of membership.--Members shall be
representatives of State or Tribes and local
governments, chosen to reflect geographic and
population density differences as well as public safety
organizations at the national level across the United
States.
``(C) Expertise.--All members shall have specific
expertise necessary for developing technical
requirements under this section, such as technical
expertise, and expertise related to public safety
communications and 9-1-1 services.
``(D) Rank and file members.--In making the
appointments required by subparagraph (A), the
Assistant Secretary shall appoint a rank and file
member from each of the public safety disciplines
listed in clauses (i) through (iv) of subparagraph (A)
as a member of the Board and shall select such member
from an organization that represents its public safety
discipline at the national level.
``(3) Period of appointment.--
``(A) In general.--Except as provided in
subparagraph (B), members of the Board shall serve for
a 3-year term.
``(B) Removal for cause.--A member of the Board may
be removed for cause upon the determination of the
Assistant Secretary.
``(4) Vacancies.--Any vacancy in the Board shall be filled
in the same manner as the original appointment.
``(5) Quorum.--A majority of the members of the Board shall
constitute a quorum.
``(6) Chairperson and vice chairperson.--The Board shall
select a Chairperson and Vice Chairperson from among the voting
members of the Board.
``(7) Duty of board to submit recommendations.--Not later
than 120 days after all members of the Board are appointed
under paragraph (2), the Board shall submit to the Assistant
Secretary recommendations for--
``(A) deploying Next Generation 9-1-1 in rural and
urban areas;
``(B) ensuring flexibility in guidance, rules, and
grant funding to allow for technology improvements;
``(C) creating efficiencies related to Next
Generation 9-1-1, including cybersecurity and the
virtualization and sharing of core infrastructure;
``(D) enabling effective coordination among State,
local, Tribal, and territorial government entities to
ensure that the needs of emergency communications
centers in both rural and urban areas are taken into
account in each implementation plan required under
section 159(c)(3)(A)(iii); and
``(E) incorporating existing cybersecurity
resources to Next Generation 9-1-1 procurement and
deployment.
``(8) Authority to provide additional recommendations.--
Except as provided in paragraphs (1) and (7), the Board may
provide recommendations to the Assistant Secretary only upon
request of the Assistant Secretary.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(c) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Assistant Secretary to seek
comment from stakeholders and the public.''.
(b) Preservation of Certain Definitions.--Section 158(d)(2) of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 942(d)(2)) is amended by striking ``section'' each place
it appears and inserting ``section (except for subsection (e))''.
TITLE IV--INCUMBENT INFORMING CAPABILITY
SEC. 401. INCUMBENT INFORMING CAPABILITY.
Part B of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by
adding at the end the following:
``SEC. 120. INCUMBENT INFORMING CAPABILITY.
``(a) In General.--The Assistant Secretary shall--
``(1) not later than 120 days after the date of the
enactment of this section, begin to amend the Department of
Commerce spectrum management document entitled `Manual of
Regulations and Procedures for Federal Radio Frequency
Management' so as to incorporate an incumbent informing
capability; and
``(2) not later than the date on which the total amount of
funds required to be made available from the Public Safety and
Secure Networks Fund under section 601(c)(3) of the Spectrum
Innovation Act of 2022 is so made available, begin to implement
such capability, including the development and testing of such
capability.
``(b) Establishment of the Incumbent Informing Capability.--
``(1) In general.--The incumbent informing capability
required by subsection (a) shall include a system to enable
sharing, including time-based sharing and coordination, to
securely manage harmful interference between non-Federal users
and incumbent Federal entities sharing a band of covered
spectrum and between Federal entities sharing a band of covered
spectrum.
``(2) Requirements.--The system required by paragraph (1)
shall contain, at a minimum, the following:
``(A) One or more mechanisms to allow non-Federal
use in covered spectrum, as authorized by the rules of
the Commission. Such mechanism or mechanisms shall
include interfaces to commercial sharing systems, as
appropriate.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(3) Compliance with commission rules.--The incumbent
informing capability required by subsection (a) shall ensure
that use of covered spectrum is in accordance with the
applicable rules of the Commission.
``(4) Input of information.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(A) input into the system required by paragraph
(1) such information as the Assistant Secretary may
require, including the frequency, time, and location of
the use of the band by such Federal entity; and
``(B) to the extent practicable, input such
information into such system on an automated basis.
``(5) Protection of classified information and controlled
unclassified information.--The system required by paragraph (1)
shall contain appropriate measures to protect classified
information and controlled unclassified information, including
any such classified information or controlled unclassified
information that relates to military operations.
``(c) Briefing.--Not later than 1 year after the date on which the
total amount of funds required to be made available from the Public
Safety and Secure Networks Fund under section 601(c)(3) of the Spectrum
Innovation Act of 2022 is so made available, the Assistant Secretary
shall provide a briefing on the implementation of this section to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate.
``(d) Definitions.--In this section:
``(1) Covered spectrum.--The term `covered spectrum'
means--
``(A) electromagnetic spectrum for which usage
rights are assigned to or authorized for (including
before the date on which the incumbent informing
capability required by subsection (a) is implemented) a
non-Federal user or class of non-Federal users for use
on a shared basis with an incumbent Federal entity in
accordance with the rules of the Commission; and
``(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use that is
shared among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
TITLE V--EXTENSION OF FCC AUCTION AUTHORITY
SEC. 501. EXTENSION OF FCC AUCTION AUTHORITY.
(a) In General.--Section 309(j)(11) of the Communications Act of
1934 (47 U.S.C. 309(j)(11)) is amended by striking ``September 30,
2022'' and inserting ``March 31, 2024''.
(b) Deposit of Proceeds.--
(1) In general.--Notwithstanding subparagraphs (A), (C)(i),
(D), and (G)(iii) of section 309(j)(8) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)) and except as provided in
subparagraph (B) of such section, the proceeds (including
deposits and upfront payments from successful bidders) of any
system of competitive bidding described in paragraph (2) (in
this paragraph referred to as the ``covered proceeds'') shall
be deposited as follows:
(A) In the case of covered proceeds attributable to
eligible frequencies described in subsection (g)(2) of
section 113 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923), such amount of such proceeds as is necessary to
cover the relocation or sharing costs (as defined in
subsection (g)(3) of such section) of Federal entities
(as defined in subsection (l) of such section)
relocated from or sharing such eligible frequencies
shall be deposited in the Spectrum Relocation Fund
established under section 118 of such Act (47 U.S.C.
928). Any remainder of such proceeds shall be deposited
in the Public Safety and Secure Networks Fund
established by section 601 of this Act.
(B) In the case of covered proceeds attributable to
spectrum usage rights made available through an
incentive auction under subparagraph (G) of section
309(j)(8) of the Communications Act of 1934 (47 U.S.C.
309(j)(8)), such amount of such proceeds as the Federal
Communications Commission has agreed to share with
licensees under such subparagraph shall be shared with
such licensees. Any remainder of such proceeds shall be
deposited in the Public Safety and Secure Networks Fund
established by section 601 of this Act.
(C) Any other covered proceeds shall be deposited
in the Public Safety and Secure Networks Fund
established by section 601 of this Act.
(2) System of competitive bidding described.--A system of
competitive bidding described in this paragraph is any system
of competitive bidding under section 309(j) of the
Communications Act of 1934 (47 U.S.C. 309(j)) that is concluded
during the period beginning on July 1, 2022, and ending on
March 31, 2024, except for the system of competitive bidding
required by section 101(b)(3)(A) of this Act.
TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND
SEC. 601. PUBLIC SAFETY AND SECURE NETWORKS FUND.
(a) Establishment.--There is established in the Treasury of the
United States a fund to be known as the ``Public Safety and Secure
Networks Fund'' (in this section referred to as the ``Fund'').
(b) Accounting for Federal Budget Baseline.--
(1) Proceeds of auction of 2496-2690 mhz band.--In the case
of the proceeds of any system of competitive bidding under
section 309(j) of the Communications Act of 1934 (47 U.S.C.
309(j)) with respect to the frequencies between 2496 megahertz
and 2690 megahertz, inclusive, that are deposited in the Fund
as required by section 501(b) of this Act, the first
$1,800,000,000 of such proceeds shall be deposited in the
general fund of the Treasury, where such amounts shall be
dedicated for the sole purpose of deficit reduction. The
remainder of such proceeds shall be available or deposited
under subsection (c).
(2) Proceeds of required auction of 3.1-3.45 ghz band.--In
the case of the proceeds of the system of competitive bidding
required by subparagraph (A) of section 101(b)(3) that are
deposited in the Fund as required by subparagraph (D) of such
section, the first $17,300,000,000 of such proceeds shall be
deposited in the general fund of the Treasury, where such
amounts shall be dedicated for the sole purpose of deficit
reduction. The remainder of such proceeds shall be available or
deposited under subsection (c).
(c) Use of Funds.--Except as provided in subsection (b), as amounts
are deposited in the Fund, such amounts shall be available or deposited
as follows:
(1) $3,080,000,000 shall be available to the Federal
Communications Commission until expended to carry out the
program established under section 4 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1603).
(2) After the amount required to be made available by
paragraph (1) is so made available, $10,000,000,000 shall be
available to the Assistant Secretary of Commerce for
Communications and Information until expended to carry out
sections 159, 160, and 161 of the National Telecommunications
and Information Administration Organization Act, as added by
section 301(a) of this Act, except that not more than 4 percent
of the amount made available by this paragraph may be used for
administrative purposes (including carrying out such sections
160 and 161).
(3) After the amount required to be made available by
paragraph (2) is so made available, $117,400,000 shall be
available to the Assistant Secretary of Commerce for
Communications and Information until expended to carry out
section 120 of the National Telecommunications and Information
Administration Organization Act, as added by section 401 of
this Act.
(4) After the amount required to be made available by
paragraph (3) is so made available, any remaining amounts
deposited in the Fund shall be deposited in the general fund of
the Treasury, where such amounts shall be dedicated for the
sole purpose of deficit reduction.
TITLE VII--DETERMINATION OF BUDGETARY EFFECTS
SEC. 701. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that
such statement has been submitted prior to the vote on passage.
Passed the House of Representatives July 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.