[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7624 Reported in House (RH)]
<DOC>
Union Calendar No. 335
117th CONGRESS
2d Session
H. R. 7624
[Report No. 117-429]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2022
Mr. Michael F. Doyle of Pennsylvania (for himself, Mr. Latta, Ms.
Matsui, Mr. Bilirakis, Ms. Eshoo, Mr. Carter of Georgia, Mr.
O'Halleran, Mr. Duncan, Ms. Schrier, Mr. Upton, Mr. McEachin, Mr.
Hudson, Mr. Welch, Mr. Guthrie, Ms. Schakowsky, Mr. Long, Ms. DeGette,
Mr. Kinzinger, Ms. Kuster, Mr. Walberg, and Mr. McNerney) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
July 22, 2022
Additional sponsors: Mr. Pence, Mr. Joyce of Pennsylvania, Mr. Rush,
Mr. Veasey, Ms. Clarke of New York, Mr. Tonko, Mr. Balderson, and Mr.
Cleaver
July 22, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on April
28, 2022]
_______________________________________________________________________
A BILL
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.
Sec. 302. Transfer to NTIA of sole responsibility for certain 9-1-1
implementation coordination functions.
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 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.--Federal entities with operations
in the covered band that the Assistant Secretary
determines might be affected by reallocation of the
covered band may request funding to carry out
activities as described under subparagraph (A) of
subsection (g)(2) of section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) in order to make
available the entire covered band for non-Federal use,
shared Federal and non-Federal use, or a combination
thereof, including by making available--
(i) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(A); and
(ii) frequencies in the covered band for
identification by the Secretary under paragraph
(2)(B).
(B) Plan.--Federal entities with operations in the
covered band that the Assistant Secretary determines
might be affected by reallocation of the covered band
shall submit a plan in accordance with subparagraph (E)
of subsection (g)(2) of section 118 of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 928) to request funding.
(C) Exemption.--Section 118(g)(2)(D)(ii) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C.
928(g)(2)(D)(ii)) shall not apply with respect to the
payment required under subparagraph (A).
(D) 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 under subparagraph (A) and a
payment pursuant to section 90008 of the Infrastructure
Investment and Jobs Act (Public Law 117-58; 135 Stat.
1348; 47 U.S.C. 921 note).
(E) Report to secretary of commerce and congress.--
Not later than 15 months after the date of 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
under subparagraph (A) or a payment pursuant to section
90008 of the Infrastructure Investment and Jobs Act
(Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921
note), any Federal entity receiving such a payment, 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; and
(ii) recommends--
(I) frequencies in the covered band
for identification by the Secretary
under paragraph (2)(A); and
(II) frequencies in the covered
band for identification by the
Secretary under paragraph (2)(B).
(2) Identification.--Not later than 21 months after the
date of enactment of this Act, informed by the activities
carried out using a payment under paragraph (1)(A) and the
report required under paragraph (1)(E), 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--
(A) identifies for inclusion in a system of
competitive bidding under paragraph (3) at least 200
megahertz of frequencies in the covered band for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof; and
(B) identifies additional frequencies in the
covered band that could be made available 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 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
subparagraph (A) of that paragraph.
(B) Prohibition.--No entity that is on the list
required by section 2 of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601)
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 the relocation or sharing
costs of Federal entities relocated from or
sharing the frequencies identified under
paragraph (2)(A) 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)(A) 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)).
(6) Rules authorizing additional use of spectrum in covered
band.--Not later than 4 years after the date of enactment of
this Act, the Commission, in coordination with the Assistant
Secretary, shall adopt rules that authorize the use of spectrum
in the covered band identified under paragraph (2)(B) for non-
Federal use, shared Federal and non-Federal use, or a
combination thereof.
(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)(A) of the Spectrum Innovation Act of 2022,
such authority shall expire on the date that is 7 years after
the date of 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 shall be
construed to alter or impede the activities previously authorized by
subsection (b)(1)(A) of section 90008 of the Infrastructure Investment
and Jobs Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note) so
long as such efforts are 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 ``$5,300,000,000''.
TITLE III--NEXT GENERATION 9-1-1
SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.
(a) Additional Duties of the 9-1-1 Implementation Coordination
Office With Respect to Next Generation 9-1-1.--Section 158 of the
National Telecommunications and Information Administration Organization
Act (47 U.S.C. 942) is amended--
(1) in subsection (a)--
(A) in paragraph (1)(B), by inserting ``and section
159'' after ``section''; and
(B) by adding at the end the following:
``(4) Additional duties of the office with respect to next
generation 9-1-1.--
``(A) Additional duties.--The Office shall--
``(i) take actions, in concert with the
coordinators designated in accordance with
section 159(b)(3)(A)(ii), to improve
coordination and communication with respect to
the implementation of Next Generation 9-1-1;
``(ii) develop, collect, and disseminate
information concerning the practices,
procedures, and technology used in the
implementation of Next Generation 9-1-1;
``(iii) advise and assist eligible entities
in the preparation of implementation plans
required under section 159(b)(2)(A)(iii);
``(iv) provide technical assistance to
eligible entities provided a grant under
section 159(b) in support of efforts to explore
efficiencies related to Next Generation 9-1-1;
``(v) receive, review, and recommend to the
Assistant Secretary and the Administrator the
approval or disapproval of applications for
grants under section 159(b); and
``(vi) oversee the use of funds provided by
such grants in fulfilling such implementation
plans.
``(B) Annual reports.--Not later than October 1,
2023, and each year thereafter until funds made
available to make grants under section 159(b) are no
longer available to be expended, the Assistant
Secretary and the Administrator shall submit to
Congress a report on the activities conducted by the
Office under subparagraph (A) in the year preceding the
submission of the report.''; and
(2) in subsection (d)(2), by striking ``section'' each
place it appears and inserting ``section (except for paragraphs
(1) and (4) of subsection (a) and for subsection (e))''.
(b) Coordination of Next Generation 9-1-1 Implementation.--Part C
of the National Telecommunications and Information Administration
Organization Act (47 U.S.C. 901 et seq.) is amended by adding at the
end the following:
``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.
``(a) Additional Functions of 9-1-1 Implementation Coordination
Office.--
``(1) Management plan.--
``(A) Development.--The Assistant Secretary and the
Administrator shall develop a management plan for the
grant program established under this section, including
by developing--
``(i) plans related to the organizational
structure of 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 and the Administrator 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 and
the Administrator may modify the management plan
developed under paragraph (1)(A).
``(B) Submission.--Not later than 90 days after the
plan is modified under subparagraph (A), the Assistant
Secretary and the Administrator 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.
``(b) Next Generation 9-1-1 Implementation Grants.--
``(1) Grants.--The Assistant Secretary and the
Administrator, acting through the Office, 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 Office; 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 and the Administrator, acting
through the Office, shall require an eligible entity to submit
to the Office an application, at the time and in the manner
determined by the Assistant Secretary and the Administrator,
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 reliable operations;
``(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 and the Administrator shall issue
regulations, after providing the public with notice and
an opportunity to comment, prescribing the criteria for
selection 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 and the
Administrator shall update such regulations as
necessary.
``(5) Grant certifications.--Each eligible entity shall
certify to the Assistant Secretary and the Administrator at the
time of application, and each eligible entity that receives
such a grant shall certify to the Assistant Secretary and the
Administrator 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 as 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 subsection (b)(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 made under this
subsection, that if any State or taxing jurisdiction within
which the eligible entity will carry out activities using grant
funds, during any period of time during which the funds from
the grant are available to the eligible entity, fails to comply
a certification required under paragraph (5), all of the funds
from such grant shall be returned to the Office.
``(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.
``(c) 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)), as such rules are in effect as of the
date of the certification.
``(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 a facility for the purpose of requesting
emergency assistance.
``(3) Administrator.--The term `Administrator' means the
Administrator of the National Highway Traffic Safety
Administration.
``(4) Commonly accepted standards.--The term `commonly
accepted standards' mean 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 or international standards body
(such as the American National Standards
Institute or International Code Council) 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.
``(5) Cost related to training.--The term `cost related to
training' means--
``(A) actual wages incurred for travel and
attendance, including any necessary overtime pay and
backfill wage;
``(B) travel expenses;
``(C) instructor expenses; or
``(D) facility costs and training materials.
``(6) Eligible entity.--The term `eligible entity'--
``(A) means 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));
``(B) may be an entity, including a public
authority, board, or commission, established by one or
more entities described in subparagraph (A); and
``(C) does not include any entity that has failed
to submit the certifications required under subsection
(b)(5).
``(7) Emergency communications center.--The term `emergency
communications center'--
``(A) means a facility that--
``(i) is designated to receive a 9-1-1
request for emergency assistance; and
``(ii) performs one or more of the
following functions--
``(I) process and analyze 9-1-1
requests for emergency assistance and
information and data related to such
requests;
``(II) dispatch appropriate
emergency response providers;
``(III) transfer or exchange 9-1-1
requests for emergency assistance and
information and data related to such
requests with one or more facilities
described under this paragraph and
emergency response providers;
``(IV) analyze any communications
received from emergency response
providers; and
``(V) support incident command
functions; or
``(B) may be a public safety answering point, as
defined in section 222 of the Communications Act of
1934 (47 U.S.C. 222).
``(8) 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).
``(9) First responder network authority.--The term `First
Responder Network Authority' means the authority established
under 6204 of the Middle Class Tax Relief and Job Creation Act
of 2012 (47 U.S.C. 1424).
``(10) Interoperable.--The term `interoperable' or
`interoperability' means the capability of emergency
communications centers to receive 9-1-1 requests for emergency
assistance and information/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/data related
to such requests with other emergency communications centers
and emergency response providers without the need for
proprietary interfaces and regardless of jurisdiction,
equipment, device, software, service provider, or other
relevant factors.
``(11) Nationwide public safety broadband network.--The
term `nationwide public safety broadband network' has the
meaning given the term in section 6001 of the Middle Class Tax
Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
``(12) Next generation 9-1-1.--The term `Next Generation 9-
1-1' means an interoperable, secure, Internet Protocol-based
system that--
``(A) employs commonly accepted standards;
``(B) enables emergency communications centers to
receive, process, and analyze all types of 9-1-1
requests for emergency assistance;
``(C) acquires and integrates additional
information useful to handling 9-1-1 requests for
emergency assistance; and
``(D) supports sharing information related to 9-1-1
requests for emergency assistance among emergency
communications centers and emergency response
providers.
``(13) Office.--The term `Office' means the 9-1-1
Implementation Coordination Office established under section
158.
``(14) Reliability.--The term `reliability' or `reliable'
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.
``(15) 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.
``(16) 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.
``(d) Savings Provision.--Nothing in this title, or any amendment
made by this title, shall affect any application pending or grant
awarded under section 158 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 942) before the
date of the enactment of this section.
``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1
CYBERSECURITY CENTER.
``The Assistant Secretary and the Administrator 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 and the
Administrator, acting through the Office, 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 Office--
``(A) with respect to carrying out the duties and
responsibilities of the Office in issuing the
regulations required under section 159(b);
``(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 enactment of this section, the
Assistant Secretary and the Administrator, acting
through the Office, 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.--A rank and file
member from each of the public safety disciplines
listed in clauses (i) through (iv) of subparagraph (A)
shall be appointed as a member of the Board and shall
be selected from an organization that represents their
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 and the Administrator.
``(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 Office
recommendations for the following--
``(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(b)(2)(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 Office only upon request of the
Office.
``(9) Duration of authority.--The Board shall terminate on
the date on which funds made available to make grants under
section 159(b) are no longer available to be expended.
``(b) Rule of Construction.--Nothing in this section may be
construed as limiting the authority of the Office to seek comment from
stakeholders and the public.''.
SEC. 302. TRANSFER TO NTIA OF SOLE RESPONSIBILITY FOR CERTAIN 9-1-1
IMPLEMENTATION COORDINATION FUNCTIONS.
(a) Transfer.--
(1) Functions.--There are transferred to the Assistant
Secretary all functions that on September 30, 2022, are
assigned to the Administrator, or jointly to the Assistant
Secretary and the Administrator, under section 158, section
159, section 160, and section 161 of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942).
(2) Personnel and other assets.--The personnel, property,
records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred to the Assistant Secretary under paragraph (1)
shall be transferred to the Assistant Secretary for use in
connection with the functions transferred.
(3) Authority of director of omb.--The Director of the
Office of Management and Budget, at such time or times as the
Director shall provide, may make--
(A) such determinations as may be necessary with
regard to the functions transferred under paragraph (1)
and the personnel, property, records, and unexpended
balances of appropriations, allocations, and other
funds transferred under paragraph (2); and
(B) such additional incidental dispositions of
personnel, assets, liabilities, grants, contracts,
property, records, and unexpended balances of
appropriations, authorizations, allocations, and other
funds held, used, arising from, available to, or to be
made available in connection with the functions
transferred under paragraph (1), as may be necessary to
carry out this section and the amendments made by this
section.
(b) References.--On and after October 1, 2022, in the case of any
reference relating to the functions transferred under subsection (a) in
any law, regulation, document, paper, or other record of the United
States--
(1) if such reference is to the Administrator, or to the
Assistant Secretary and the Administrator, such reference shall
be deemed to be to the Assistant Secretary; and
(2) if such reference is to the National Highway Traffic
Safety Administration, or to the National Telecommunications
and Information Administration and the National Highway Traffic
Safety Administration, such reference shall be deemed to be to
the National Telecommunications and Information Administration.
(c) Savings Provisions.--
(1) Documents and actions.--
(A) In general.--All documents and actions
described in subparagraph (B) shall continue in effect
according to their terms until modified, terminated,
superseded, set aside, or revoked in accordance with
law by the Assistant Secretary, any officer or employee
transferred under subsection (a), a court of competent
jurisdiction, or operation of law.
(B) Documents and actions described.--A document or
action described in this subparagraph is any order,
determination, rule, grant, contract, agreement, or
other document or action that--
(i) was issued, made, granted, or allowed
to become effective by the Assistant Secretary,
the Administrator, the Assistant Secretary and
the Administrator, any officer or employee
transferred under subsection (a), or a court of
competent jurisdiction, in the performance of
any function that is transferred under such
subsection; and
(ii) is in effect on September 30, 2022 (or
becomes effective after such day pursuant to
its terms as in effect on such day).
(2) Pending proceedings and applications.--
(A) In general.--This section and the amendments
made by this section shall not affect any proceeding or
application for any benefits, service, license, permit,
certificate, or grant or other financial assistance
relating to the functions transferred under subsection
(a) that was pending on September 30, 2022, before the
Assistant Secretary, the Administrator, the Assistant
Secretary and the Administrator, or any officer or
employee transferred under such subsection, but such
proceeding or application shall be continued. Orders
shall be issued in any such proceeding, and appeals
shall be taken therefrom, as if this section and the
amendments made by this section had not been enacted,
and orders issued in any such proceeding shall continue
in effect until modified, terminated, superseded, or
revoked by the Assistant Secretary, any other
authorized official, a court of competent jurisdiction,
or operation of law.
(B) Substitution.--Notwithstanding subparagraph
(A), on and after October 1, 2022, any proceeding or
application described in such subparagraph that was
pending before the Administrator, or before the
Assistant Secretary and the Administrator, shall be
continued as described in such subparagraph before the
Assistant Secretary.
(C) Rule of construction.--Nothing in this
paragraph shall be construed to prohibit the
discontinuance or modification of any proceeding or
application described in subparagraph (A) under the
same terms and conditions and to the same extent that
such proceeding or application could have been
discontinued or modified if this section and the
amendments made by this section had not been enacted.
(3) Continuation of civil actions.--
(A) In general.--This section and the amendments
made by this section shall not affect any civil action
relating to the functions transferred under subsection
(a) that was commenced before October 1, 2022, by or
against the Assistant Secretary, the Administrator, the
Assistant Secretary and the Administrator, or any
officer or employee transferred under such subsection.
In any such action, proceeding shall be had, appeals
taken, and judgment rendered in the same manner and
with the same effect as if this section and the
amendments made by this section had not been enacted.
(B) Substitution.--Notwithstanding subparagraph
(A), on and after October 1, 2022, in the case of any
civil action described in such subparagraph by or
against the Administrator, or the Assistant Secretary
and the Administrator, the Assistant Secretary shall be
substituted as a party for the Administrator, or the
Assistant Secretary and the Administrator,
respectively.
(4) No change in status of personnel.--In the case of an
officer or employee who is transferred to the Assistant
Secretary under subsection (a), the officer or employee's
grade, compensation, rate of leave, or other benefits that
apply with respect to such officer or employee at the time of
transfer shall not be reduced while such officer or employee
remains continuously employed in performance of the functions
in connection with which such officer or employee is
transferred, other than for cause.
(d) Conforming Amendments.--
(1) National telecommunications and information
administration organization act.--The National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 942), as amended by the preceding provisions of
this Act, is further amended--
(A) in section 158--
(i) by striking ``and the Administrator''
each place it appears; and
(ii) in subsection (a)(1), by striking ``of
the National Highway Traffic Safety
Administration'';
(B) in section 159--
(i) by striking ``and the Administrator''
each place it appears; and
(ii) by striking paragraph (3) of
subsection (c);
(C) in section 160, by striking ``and the
Administrator''; and
(D) in section 161, by striking ``and the
Administrator'' each place it appears.
(2) Effective date.--The amendments made by this subsection
shall take effect on October 1, 2022.
(e) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications
and Information.
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.--
``(A) In general.--Each incumbent Federal entity
sharing a band of covered spectrum shall--
``(i) 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
``(ii) to the extent practicable, input
such information into such system on an
automated basis.
``(B) Payment of costs.--Notwithstanding
subsections (c) through (e) of section 118 and
subparagraphs (C) through (E) of subsection (g)(2) of
such section, the Director of the Office of Management
and Budget, in consultation with the Assistant
Secretary, may use amounts available in the Spectrum
Relocation Fund to pay the costs incurred by Federal
entities to input information as required by
subparagraph (A).
``(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 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
$1,700,000,000 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 $16,000,000,000 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) $3,400,000,000 shall be available to the Federal
Communications Commission until expended to make reimbursements
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
title III of this Act and the amendments made by such title,
except that not more than 4 percent of the amount made
available by this paragraph may be used for administrative
purposes (including carrying out sections 160 and 161 of the
National Telecommunications and Information Administration
Organization Act, as added by such title).
(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.
Union Calendar No. 335
117th CONGRESS
2d Session
H. R. 7624
[Report No. 117-429]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
July 22, 2022
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed