[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3630 Enrolled Bill (ENR)]

        H.R.3630

                      One Hundred Twelfth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
            the third day of January, two thousand and twelve


                                 An Act


 
 To provide incentives for the creation of jobs, 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 ``Middle Class Tax 
Relief and Job Creation Act of 2012''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

               TITLE I--EXTENSION OF PAYROLL TAX REDUCTION

Sec. 1001. Extension of payroll tax reduction.

   TITLE II--UNEMPLOYMENT BENEFIT CONTINUATION AND PROGRAM IMPROVEMENT

Sec. 2001. Short title.

Subtitle A--Reforms of Unemployment Compensation to Promote Work and Job 
                                Creation

Sec. 2101. Consistent job search requirements.
Sec. 2102. State flexibility to promote the reemployment of unemployed 
          workers.
Sec. 2103. Improving program integrity by better recovery of 
          overpayments.
Sec. 2104. Data exchange standardization for improved interoperability.
Sec. 2105. Drug testing of applicants.

          Subtitle B--Provisions Relating To Extended Benefits

Sec. 2121. Short title.
Sec. 2122. Extension and modification of emergency unemployment 
          compensation program.
Sec. 2123. Temporary extension of extended benefit provisions.
Sec. 2124. Additional extended unemployment benefits under the Railroad 
          Unemployment Insurance Act.

   Subtitle C--Improving Reemployment Strategies Under the Emergency 
                    Unemployment Compensation Program

Sec. 2141. Improved work search for the long-term unemployed.
Sec. 2142. Reemployment services and reemployment and eligibility 
          assessment activities.
Sec. 2143. Promoting program integrity through better recovery of 
          overpayments.
Sec. 2144. Restore State flexibility to improve unemployment program 
          solvency.

               Subtitle D--Short-Time Compensation Program

Sec. 2160. Short title.
Sec. 2161. Treatment of short-time compensation programs.
Sec. 2162. Temporary financing of short-time compensation payments in 
          States with programs in law.
Sec. 2163. Temporary financing of short-time compensation agreements.
Sec. 2164. Grants for short-time compensation programs.
Sec. 2165. Assistance and guidance in implementing programs.
Sec. 2166. Reports.

                 Subtitle E--Self-Employment Assistance

Sec. 2181. State administration of self-employment assistance programs.
Sec. 2182. Grants for self-employment assistance programs.
Sec. 2183. Assistance and guidance in implementing self-employment 
          assistance programs.
Sec. 2184. Definitions.

             TITLE III--MEDICARE AND OTHER HEALTH PROVISIONS

                     Subtitle A--Medicare Extensions

Sec. 3001. Extension of MMA section 508 reclassifications.
Sec. 3002. Extension of outpatient hold harmless payments.
Sec. 3003. Physician payment update.
Sec. 3004. Work geographic adjustment.
Sec. 3005. Payment for outpatient therapy services.
Sec. 3006. Payment for technical component of certain physician 
          pathology services.
Sec. 3007. Ambulance add-on payments.

                   Subtitle B--Other Health Provisions

Sec. 3101. Qualifying individual program.
Sec. 3102. Transitional medical assistance.

                       Subtitle C--Health Offsets

Sec. 3201. Reduction of bad debt treated as an allowable cost.
Sec. 3202. Rebase Medicare clinical laboratory payment rates.
Sec. 3203. Rebasing State DSH allotments for fiscal year 2021.
Sec. 3204. Technical correction to the disaster recovery FMAP provision.
Sec. 3205. Prevention and Public Health Fund.

                        TITLE IV--TANF EXTENSION

Sec. 4001. Short title.
Sec. 4002. Extension of program.
Sec. 4003. Data exchange standardization for improved interoperability.
Sec. 4004. Spending policies for assistance under State TANF programs.
Sec. 4005. Technical corrections.

                  TITLE V--FEDERAL EMPLOYEES RETIREMENT

Sec. 5001. Increase in contributions to Federal Employees' Retirement 
          System for new employees.
Sec. 5002. Foreign Service Pension System.
Sec. 5003. Central Intelligence Agency Retirement and Disability System.

  TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM 
                                AUCTIONS

Sec. 6001. Definitions.
Sec. 6002. Rule of construction.
Sec. 6003. Enforcement.
Sec. 6004. National security restrictions on use of funds and auction 
          participation.

           Subtitle A--Reallocation of Public Safety Spectrum

Sec. 6101. Reallocation of D block to public safety.
Sec. 6102. Flexible use of narrowband spectrum.
Sec. 6103. 470-512 MHz public safety spectrum.

            Subtitle B--Governance of Public Safety Spectrum

Sec. 6201. Single public safety wireless network licensee.
Sec. 6202. Public safety broadband network.
Sec. 6203. Public Safety Interoperability Board.
Sec. 6204. Establishment of the First Responder Network Authority.
Sec. 6205. Advisory committees of the First Responder Network Authority.
Sec. 6206. Powers, duties, and responsibilities of the First Responder 
          Network Authority.
Sec. 6207. Initial funding for the First Responder Network Authority.
Sec. 6208. Permanent self-funding; duty to assess and collect fees for 
          network use.
Sec. 6209. Audit and report.
Sec. 6210. Annual report to Congress.
Sec. 6211. Public safety roaming and priority access.
Sec. 6212. Prohibition on direct offering of commercial 
          telecommunications service directly to consumers.
Sec. 6213. Provision of technical assistance.

                  Subtitle C--Public Safety Commitments

Sec. 6301. State and Local Implementation Fund.
Sec. 6302. State and local implementation.
Sec. 6303. Public safety wireless communications research and 
          development.

                 Subtitle D--Spectrum Auction Authority

Sec. 6401. Deadlines for auction of certain spectrum.
Sec. 6402. General authority for incentive auctions.
Sec. 6403. Special requirements for incentive auction of broadcast TV 
          spectrum.
Sec. 6404. Certain conditions on auction participation prohibited.
Sec. 6405. Extension of auction authority.
Sec. 6406. Unlicensed use in the 5 GHz band.
Sec. 6407. Guard bands and unlicensed use.
Sec. 6408. Study on receiver performance and spectrum efficiency.
Sec. 6409. Wireless facilities deployment.
Sec. 6410. Functional responsibility of NTIA to ensure efficient use of 
          spectrum.
Sec. 6411. System certification.
Sec. 6412. Deployment of 11 GHz, 18 GHz, and 23 GHz microwave bands.
Sec. 6413. Public Safety Trust Fund.
Sec. 6414. Study on emergency communications by amateur radio and 
          impediments to amateur radio communications.

        Subtitle E--Next Generation 9-1-1 Advancement Act of 2012

Sec. 6501. Short title.
Sec. 6502. Definitions.
Sec. 6503. Coordination of 9-1-1 implementation.
Sec. 6504. Requirements for multi-line telephone systems.
Sec. 6505. GAO study of State and local use of 9-1-1 service charges.
Sec. 6506. Parity of protection for provision or use of Next Generation 
          9-1-1 services.
Sec. 6507. Commission proceeding on autodialing.
Sec. 6508. Report on costs for requirements and specifications of Next 
          Generation 9-1-1 services.
Sec. 6509. Commission recommendations for legal and statutory framework 
          for Next Generation 9-1-1 services.

             Subtitle F--Telecommunications Development Fund

Sec. 6601. No additional Federal funds.
Sec. 6602. Independence of the Fund.

                 Subtitle G--Federal Spectrum Relocation

Sec. 6701. Relocation of and spectrum sharing by Federal Government 
          stations.
Sec. 6702. Spectrum Relocation Fund.
Sec. 6703. National security and other sensitive information.

                   TITLE VII--MISCELLANEOUS PROVISIONS

Sec. 7001. Repeal of certain shifts in the timing of corporate estimated 
          tax payments.
Sec. 7002. Repeal of requirement relating to time for remitting certain 
          merchandise processing fees.
Sec. 7003. Treatment for PAYGO purposes.

              TITLE I--EXTENSION OF PAYROLL TAX REDUCTION

SEC. 1001. EXTENSION OF PAYROLL TAX REDUCTION.
    (a) In General.--Subsection (c) of section 601 of the Tax Relief, 
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 
(26 U.S.C. 1401 note) is amended to read as follows:
    ``(c) Payroll Tax Holiday Period.--The term `payroll tax holiday 
period' means calendar years 2011 and 2012.''.
    (b) Conforming Amendments.--Section 601 of such Act (26 U.S.C. 1401 
note) is amended by striking subsections (f) and (g).
    (c) Effective Date.--The amendments made by this section shall 
apply to remuneration received, and taxable years beginning, after 
December 31, 2011.

  TITLE II--UNEMPLOYMENT BENEFIT CONTINUATION AND PROGRAM IMPROVEMENT

SEC. 2001. SHORT TITLE.
    This title may be cited as the ``Extended Benefits, Reemployment, 
and Program Integrity Improvement Act''.

 Subtitle A--Reforms of Unemployment Compensation to Promote Work and 
                              Job Creation

SEC. 2101. CONSISTENT JOB SEARCH REQUIREMENTS.
    (a) In General.--Section 303(a) of the Social Security Act is 
amended by adding at the end the following:
        ``(12) A requirement that, as a condition of eligibility for 
    regular compensation for any week, a claimant must be able to work, 
    available to work, and actively seeking work.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to weeks beginning after the end of the first session of the 
State legislature which begins after the date of enactment of this Act.
SEC. 2102. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT OF UNEMPLOYED 
WORKERS.
    Title III of the Social Security Act (42 U.S.C. 501 and following) 
is amended by adding at the end the following:


                         ``demonstration projects

    ``Sec. 305.  (a) The Secretary of Labor may enter into agreements, 
with up to 10 States that submit an application described in subsection 
(b), for the purpose of allowing such States to conduct demonstration 
projects to test and evaluate measures designed--
        ``(1) to expedite the reemployment of individuals who have 
    established a benefit year and are otherwise eligible to claim 
    unemployment compensation under the State law of such State; or
        ``(2) to improve the effectiveness of a State in carrying out 
    its State law with respect to reemployment.
    ``(b) The Governor of any State desiring to conduct a demonstration 
project under this section shall submit an application to the Secretary 
of Labor. Any such application shall include--
        ``(1) a general description of the proposed demonstration 
    project, including the authority (under the laws of the State) for 
    the measures to be tested, as well as the period of time during 
    which such demonstration project would be conducted;
        ``(2) if a waiver under subsection (c) is requested, a 
    statement describing the specific aspects of the project to which 
    the waiver would apply and the reasons why such waiver is needed;
        ``(3) a description of the goals and the expected programmatic 
    outcomes of the demonstration project, including how the project 
    would contribute to the objective described in subsection (a)(1), 
    subsection (a)(2), or both;
        ``(4) assurances (accompanied by supporting analysis) that the 
    demonstration project would operate for a period of at least 1 
    calendar year and not result in any increased net costs to the 
    State's account in the Unemployment Trust Fund;
        ``(5) a description of the manner in which the State--
            ``(A) will conduct an impact evaluation, using a 
        methodology appropriate to determine the effects of the 
        demonstration project, including on individual skill levels, 
        earnings, and employment retention; and
            ``(B) will determine the extent to which the goals and 
        outcomes described in paragraph (3) were achieved;
        ``(6) assurances that the State will provide any reports 
    relating to the demonstration project, after its approval, as the 
    Secretary of Labor may require; and
        ``(7) assurances that employment meets the State's suitable 
    work requirement and the requirements of section 3304(a)(5) of the 
    Internal Revenue Code of 1986.
    ``(c) The Secretary of Labor may waive any of the requirements of 
section 3304(a)(4) of the Internal Revenue Code of 1986 or of paragraph 
(1) or (5) of section 303(a), to the extent and for the period the 
Secretary of Labor considers necessary to enable the State to carry out 
a demonstration project under this section.
    ``(d) A demonstration project under this section--
        ``(1) may be commenced any time after the date of enactment of 
    this section;
        ``(2) may not be approved for a period of time greater than 3 
    years; and
        ``(3) must be completed by not later than December 31, 2015.
    ``(e) Activities that may be pursued under a demonstration project 
under this section are limited to--
        ``(1) subsidies for employer-provided training, such as wage 
    subsidies; and
        ``(2) direct disbursements to employers who hire individuals 
    receiving unemployment compensation, not to exceed the weekly 
    benefit amount for each such individual, to pay part of the cost of 
    wages that exceed the unemployed individual's prior benefit level.
    ``(f) The Secretary of Labor shall, in the case of any State for 
which an application is submitted under subsection (b)--
        ``(1) notify the State as to whether such application has been 
    approved or denied within 30 days after receipt of a complete 
    application; and
        ``(2) provide public notice of the decision within 10 days 
    after providing notification to the State in accordance with 
    paragraph (1).
Public notice under paragraph (2) may be provided through the Internet 
or other appropriate means. Any application under this section that has 
not been denied within the 30-day period described in paragraph (1) 
shall be deemed approved, and public notice of any approval under this 
sentence shall be provided within 10 days thereafter.
    ``(g) The Secretary of Labor may terminate a demonstration project 
under this section if the Secretary determines that the State has 
violated the substantive terms or conditions of the project.
    ``(h) Funding certified under section 302(a) may be used for an 
approved demonstration project.''.
SEC. 2103. IMPROVING PROGRAM INTEGRITY BY BETTER RECOVERY OF 
OVERPAYMENTS.
    (a) Use of Unemployment Compensation to Repay Overpayments.--
Section 3304(a)(4)(D) of the Internal Revenue Code of 1986 and section 
303(g)(1) of the Social Security Act are each amended by striking 
``may'' and inserting ``shall''.
    (b) Use of Unemployment Compensation to Repay Federal Additional 
Compensation Overpayments.--Section 303(g)(3) of the Social Security 
Act is amended by inserting ``Federal additional compensation,'' after 
``trade adjustment allowances,''.
    (c) Effective Date.--The amendments made by this section shall 
apply to weeks beginning after the end of the first session of the 
State legislature which begins after the date of enactment of this Act.
SEC. 2104. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
    (a) In General.--Title IX of the Social Security Act is amended by 
adding at the end the following:


      ``DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY

                       ``Data Exchange Standards

    ``Sec. 911. (a)(1) The Secretary of Labor, in consultation with an 
interagency work group which shall be established by the Office of 
Management and Budget, and considering State and employer perspectives, 
shall, by rule, designate a data exchange standard for any category of 
information required under title III, title XII, or this title.
    ``(2) Data exchange standards designated under paragraph (1) shall, 
to the extent practicable, be nonproprietary and interoperable.
    ``(3) In designating data exchange standards under this subsection, 
the Secretary of Labor shall, to the extent practicable, incorporate--
        ``(A) interoperable standards developed and maintained by an 
    international voluntary consensus standards body, as defined by the 
    Office of Management and Budget, such as the International 
    Organization for Standardization;
        ``(B) interoperable standards developed and maintained by 
    intergovernmental partnerships, such as the National Information 
    Exchange Model; and
        ``(C) interoperable standards developed and maintained by 
    Federal entities with authority over contracting and financial 
    assistance, such as the Federal Acquisition Regulations Council.

                ``Data Exchange Standards for Reporting

    ``(b)(1) The Secretary of Labor, in consultation with an 
interagency work group established by the Office of Management and 
Budget, and considering State and employer perspectives, shall, by 
rule, designate data exchange standards to govern the reporting 
required under title III, title XII, or this title.
    ``(2) The data exchange standards required by paragraph (1) shall, 
to the extent practicable--
        ``(A) incorporate a widely accepted, nonproprietary, 
    searchable, computer-readable format;
        ``(B) be consistent with and implement applicable accounting 
    principles; and
        ``(C) be capable of being continually upgraded as necessary.
    ``(3) In designating reporting standards under this subsection, the 
Secretary of Labor shall, to the extent practicable, incorporate 
existing nonproprietary standards, such as the eXtensible Markup 
Language.''.
    (b) Effective Dates.--
        (1) Data exchange standards.--The Secretary of Labor shall 
    issue a proposed rule under section 911(a)(1) of the Social 
    Security Act (as added by subsection (a)) within 12 months after 
    the date of the enactment of this section, and shall issue a final 
    rule under such section 911(a)(1), after public comment, within 24 
    months after such date of enactment.
        (2) Data reporting standards.--The reporting standards required 
    under section 911(b)(1) of such Act (as so added) shall become 
    effective with respect to reports required in the first reporting 
    period, after the effective date of the final rule referred to in 
    paragraph (1) of this subsection, for which the authority for data 
    collection and reporting is established or renewed under the 
    Paperwork Reduction Act.
SEC. 2105. DRUG TESTING OF APPLICANTS.
    Section 303 of the Social Security Act is amended by adding at the 
end the following:
    ``(l)(1) Nothing in this Act or any other provision of Federal law 
shall be considered to prevent a State from enacting legislation to 
provide for--
        ``(A) testing an applicant for unemployment compensation for 
    the unlawful use of controlled substances as a condition for 
    receiving such compensation, if such applicant--
            ``(i) was terminated from employment with the applicant's 
        most recent employer (as defined under the State law) because 
        of the unlawful use of controlled substances; or
            ``(ii) is an individual for whom suitable work (as defined 
        under the State law) is only available in an occupation that 
        regularly conducts drug testing (as determined under 
        regulations issued by the Secretary of Labor); or
        ``(B) denying such compensation to such applicant on the basis 
    of the result of the testing conducted by the State under 
    legislation described in subparagraph (A).
    ``(2) For purposes of this subsection--
        ``(A) the term `unemployment compensation' has the meaning 
    given such term in subsection (d)(2)(A); and
        ``(B) the term `controlled substance' has the meaning given 
    such term in section 102 of the Controlled Substances Act (21 
    U.S.C. 802).''.

          Subtitle B--Provisions Relating To Extended Benefits

SEC. 2121. SHORT TITLE.
    This subtitle may be cited as the ``Unemployment Benefits Extension 
Act of 2012''.
SEC. 2122. EXTENSION AND MODIFICATION OF EMERGENCY UNEMPLOYMENT 
COMPENSATION PROGRAM.
    (a) Extension.--Section 4007 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
        (1) in subsection (a)--
            (A) by striking ``Except as provided in subsection (b), 
        an'' and inserting ``An''; and
            (B) by striking ``March 6, 2012'' and inserting ``January 
        2, 2013''; and
        (2) by striking subsection (b) and inserting the following:
    ``(b) Termination.--No compensation under this title shall be 
payable for any week subsequent to the last week described in 
subsection (a).''.
    (b) Modifications Relating to Triggers.--
        (1) For second-tier emergency unemployment compensation.--
    Section 4002(c) of such Act is amended--
            (A) in the subsection heading, by striking ``Special Rule'' 
        and inserting ``Second-tier Emergency Unemployment 
        Compensation'';
            (B) in paragraph (1), by striking ``At'' and all that 
        follows through ``augmented by an amount'' and inserting ``If, 
        at the time that the amount established in an individual's 
        account under subsection (b) is exhausted or at any time 
        thereafter, such individual's State is in an extended benefit 
        period (as determined under paragraph (2)), such account shall 
        be augmented by an amount (hereinafter `second-tier emergency 
        unemployment compensation')'';
            (C) by redesignating paragraph (2) as paragraph (4); and
            (D) by inserting after paragraph (1) the following:
        ``(2) Extended benefit period.--For purposes of paragraph (1), 
    a State shall be considered to be in an extended benefit period, as 
    of any given time, if such a period would then be in effect for 
    such State under such Act if--
            ``(A) section 203(f) of the Federal-State Extended 
        Unemployment Compensation Act of 1970 were applied to such 
        State (regardless of whether the State by law had provided for 
        such application); and
            ``(B) such section 203(f)--
                ``(i) were applied by substituting the applicable 
            percentage under paragraph (3) for `6.5 percent' in 
            paragraph (1)(A)(i) thereof; and
                ``(ii) did not include the requirement under paragraph 
            (1)(A)(ii) thereof.
        ``(3) Applicable percentage.--The applicable percentage under 
    this paragraph is, for purposes of determining if a State is in an 
    extended benefit period as of a date occurring in a week ending--
            ``(A) before June 1, 2012, 0 percent; and
            ``(B) after the last week under subparagraph (A), 6 
        percent.''.
        (2) For third-tier emergency unemployment compensation.--
    Section 4002(d) of such Act is amended--
            (A) in paragraph (2)(A), by striking ``under such Act'' and 
        inserting ``under the Federal-State Extended Unemployment 
        Compensation Act of 1970'';
            (B) in paragraph (2)(B)(ii)(I), by striking the matter 
        after ``substituting'' and before ``in paragraph (1)(A)(i) 
        thereof'' and inserting ``the applicable percentage under 
        paragraph (3) for `6.5 percent''';
            (C) by redesignating paragraph (3) as paragraph (4); and
            (D) by inserting after paragraph (2) the following:
        ``(3) Applicable percentage.--The applicable percentage under 
    this paragraph is, for purposes of determining if a State is in an 
    extended benefit period as of a date occurring in a week ending--
            ``(A) before June 1, 2012, 6 percent; and
            ``(B) after the last week under subparagraph (A), 7 
        percent.''.
        (3) For fourth-tier emergency unemployment compensation.--
    Section 4002(e) of such Act is amended--
            (A) in paragraph (2)(A), by striking ``under such Act'' and 
        inserting ``under the Federal-State Extended Unemployment 
        Compensation Act of 1970'';
            (B) in paragraph (2)(B)(ii)(I), by striking the matter 
        after ``substituting'' and before ``in paragraph (1)(A)(i) 
        thereof'' and inserting ``the applicable percentage under 
        paragraph (3) for `6.5 percent''';
            (C) by redesignating paragraph (3) as paragraph (4); and
            (D) by inserting after paragraph (2) the following:
        ``(3) Applicable percentage.--The applicable percentage under 
    this paragraph is, for purposes of determining if a State is in an 
    extended benefit period as of a date occurring in a week ending--
            ``(A) before June 1, 2012, 8.5 percent; and
            ``(B) after the last week under subparagraph (A), 9 
        percent.''.
    (c) Modifications Relating to Weeks of Emergency Unemployment 
Compensation.--
        (1) Number of weeks in first tier beginning after september 2, 
    2012.--Section 4002(b) of such Act is amended--
            (A) by redesignating paragraph (2) as paragraph (3); and
            (B) by inserting after paragraph (1) the following:
        ``(2) Special rule relating to amounts established in an 
    account as of a week ending after september 2, 2012.--
    Notwithstanding any provision of paragraph (1), in the case of any 
    account established as of a week ending after September 2, 2012--
            ``(A) paragraph (1)(A) shall be applied by substituting `54 
        percent' for `80 percent'; and
            ``(B) paragraph (1)(B) shall be applied by substituting `14 
        weeks' for `20 weeks'.''.
        (2) Number of weeks in third tier beginning after september 2, 
    2012.--Section 4002(d) of such Act is amended by adding after 
    paragraph (4) (as so redesignated by subsection (b)(2)(C)) the 
    following:
        ``(5) Special rule relating to amounts added to an account as 
    of a week ending after september 2, 2012.--Notwithstanding any 
    provision of paragraph (1), if augmentation under this subsection 
    occurs as of a week ending after September 2, 2012--
            ``(A) paragraph (1)(A) shall be applied by substituting `35 
        percent' for `50 percent'; and
            ``(B) paragraph (1)(B) shall be applied by substituting `9 
        times' for `13 times'.''.
        (3) Number of weeks in fourth tier.--Section 4002(e) of such 
    Act is amended by adding after paragraph (4) (as so redesignated by 
    subsection (b)(3)(C)) the following:
        ``(5) Special rules relating to amounts added to an account.--
            ``(A) March to may of 2012.--
                ``(i) Special rule.--Notwithstanding any provision of 
            paragraph (1) but subject to the following 2 sentences, if 
            augmentation under this subsection occurs as of a week 
            ending after the date of enactment of this paragraph and 
            before June 1, 2012 (or if, as of such date of enactment, 
            any fourth-tier amounts remain in the individual's 
            account)--

                    ``(I) paragraph (1)(A) shall be applied by 
                substituting `62 percent' for `24 percent'; and
                    ``(II) paragraph (1)(B) shall be applied by 
                substituting `16 times' for `6 times'.

            The preceding sentence shall apply only if, at the time 
            that the account would be augmented under this 
            subparagraph, such individual's State is not in an extended 
            benefit period as determined under the Federal-State 
            Extended Unemployment Compensation Act of 1970. In no event 
            shall the total amount added to the account of an 
            individual under this subparagraph cause, in the case of an 
            individual described in the parenthetical matter in the 
            first sentence of this clause, the sum of the total amount 
            previously added to such individual's account under this 
            subsection (as in effect before the date of enactment of 
            this paragraph) and any further amounts added as a result 
            of the enactment of this clause, to exceed the total amount 
            allowable under subclause (I) or (II), as the case may be.
                ``(ii) Limitation.--Notwithstanding any other provision 
            of this title, the amounts added to the account of an 
            individual under this subparagraph may not cause the sum of 
            the amounts previously established in or added to such 
            account, plus any weeks of extended benefits provided to 
            such individual under the Federal-State Extended 
            Unemployment Compensation Act of 1970 (based on the same 
            exhaustion of regular compensation under section 
            4001(b)(1)), to in the aggregate exceed the lesser of--

                    ``(I) 282 percent of the total amount of regular 
                compensation (including dependents' allowances) payable 
                to the individual during the individual's benefit year 
                under the State law; or
                    ``(II) 73 times the individual's average weekly 
                benefit amount (as determined under subsection (b)(3)) 
                for the benefit year.

            ``(B) After august of 2012.--Notwithstanding any provision 
        of paragraph (1), if augmentation under this subsection occurs 
        as of a week ending after September 2, 2012--
                ``(i) paragraph (1)(A) shall be applied by substituting 
            `39 percent' for `24 percent'; and
                ``(ii) paragraph (1)(B) shall be applied by 
            substituting `10 times' for `6 times'.''.
    (d) Order of Payments Requirement.--
        (1) In general.--Section 4001(e) of such Act is amended to read 
    as follows:
    ``(e) Coordination Rule.--An agreement under this section shall 
apply with respect to a State only upon a determination by the 
Secretary that, under the State law or other applicable rules of such 
State, the payment of extended compensation for which an individual is 
otherwise eligible must be deferred until after the payment of any 
emergency unemployment compensation under section 4002, as amended by 
the Unemployment Benefits Extension Act of 2012, for which the 
individual is concurrently eligible.''.
        (2) Technical and conforming amendments.--Section 4001(b)(2) of 
    such Act is amended--
            (A) by striking ``or extended compensation''; and
            (B) by striking ``law (except as provided under subsection 
        (e));'' and inserting ``law;''.
    (e) Funding.--Section 4004(e)(1) of such Act is amended--
        (1) in subparagraph (G), by striking ``and'' at the end; and
        (2) by inserting after subparagraph (H) the following:
            ``(I) the amendments made by section 2122 of the 
        Unemployment Benefits Extension Act of 2012; and''.
    (f) Effective Dates.--
        (1) In general.--The amendments made by subsections (b), (c), 
    and (d) shall take effect as of February 28, 2012, and shall apply 
    with respect to weeks of unemployment beginning after that date.
        (2) Week defined.--For purposes of this subsection, the term 
    ``week'' has the meaning given such term under section 4006 of the 
    Supplemental Appropriations Act, 2008.
SEC. 2123. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS.
    (a) In General.--Section 2005 of the Assistance for Unemployed 
Workers and Struggling Families Act, as contained in Public Law 111-5 
(26 U.S.C. 3304 note), is amended--
        (1) by striking ``March 7, 2012'' each place it appears and 
    inserting ``December 31, 2012''; and
        (2) in subsection (c), by striking ``August 15, 2012'' and 
    inserting ``June 30, 2013''.
    (b) Extension of Matching for States With No Waiting Week.--Section 
5 of the Unemployment Compensation Extension Act of 2008 (Public Law 
110-449; 26 U.S.C. 3304 note) is amended by striking ``August 15, 
2012'' and inserting ``June 30, 2013''.
    (c) Extension of Modification of Indicators Under the Extended 
Benefit Program.--Section 203 of the Federal-State Extended 
Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note) is 
amended--
        (1) in subsection (d), by striking ``February 29, 2012'' and 
    inserting ``December 31, 2012''; and
        (2) in subsection (f)(2), by striking ``February 29, 2012'' and 
    inserting ``December 31, 2012''.
    (d) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Temporary Payroll Tax Cut 
Continuation Act of 2011 (Public Law 112-78).
SEC. 2124. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER THE RAILROAD 
UNEMPLOYMENT INSURANCE ACT.
    (a) Extension.--Section 2(c)(2)(D)(iii) of the Railroad 
Unemployment Insurance Act, as added by section 2006 of the American 
Recovery and Reinvestment Act of 2009 (Public Law 111-5) and as amended 
by section 9 of the Worker, Homeownership, and Business Assistance Act 
of 2009 (Public Law 111-92), section 505 of the Tax Relief, 
Unemployment Insurance Reauthorization, and Job Creation Act of 2010 
(Public Law 111-312), and section 202 of the Temporary Payroll Tax Cut 
Continuation Act of 2011 (Public Law 112-78), is amended--
        (1) by striking ``August 31, 2011'' and inserting ``June 30, 
    2012''; and
        (2) by striking ``February 29, 2012'' and inserting ``December 
    31, 2012''.
    (b) Clarification on Authority to Use Funds.--Funds appropriated 
under either the first or second sentence of clause (iv) of section 
2(c)(2)(D) of the Railroad Unemployment Insurance Act shall be 
available to cover the cost of additional extended unemployment 
benefits provided under such section 2(c)(2)(D) by reason of the 
amendments made by subsection (a) as well as to cover the cost of such 
benefits provided under such section 2(c)(2)(D), as in effect on the 
day before the date of enactment of this Act.
    (c) Funding for Administration.--Out of any funds in the Treasury 
not otherwise appropriated, there are appropriated to the Railroad 
Retirement Board $500,000 for administrative expenses associated with 
the payment of additional extended unemployment benefits provided under 
section 2(c)(2)(D) of the Railroad Unemployment Insurance Act by reason 
of the amendments made by subsection (a), to remain available until 
expended.

   Subtitle C--Improving Reemployment Strategies Under the Emergency 
                   Unemployment Compensation Program

SEC. 2141. IMPROVED WORK SEARCH FOR THE LONG-TERM UNEMPLOYED.
    (a) In General.--Section 4001(b) of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) is amended--
        (1) by striking ``and'' at the end of paragraph (2);
        (2) by striking the period at the end of paragraph (3) and 
    inserting ``; and''; and
        (3) by adding at the end the following:
        ``(4) are able to work, available to work, and actively seeking 
    work.''.
    (b) Actively Seeking Work.--Section 4001 of such Act is amended by 
adding at the end the following:
    ``(h) Actively Seeking Work.--
        ``(1) In general.--For purposes of subsection (b)(4), the term 
    `actively seeking work' means, with respect to any individual, that 
    such individual--
            ``(A) is registered for employment services in such a 
        manner and to such extent as prescribed by the State agency;
            ``(B) has engaged in an active search for employment that 
        is appropriate in light of the employment available in the 
        labor market, the individual's skills and capabilities, and 
        includes a number of employer contacts that is consistent with 
        the standards communicated to the individual by the State;
            ``(C) has maintained a record of such work search, 
        including employers contacted, method of contact, and date 
        contacted; and
            ``(D) when requested, has provided such work search record 
        to the State agency.
        ``(2) Random auditing.--The Secretary shall establish for each 
    State a minimum number of claims for which work search records must 
    be audited on a random basis in any given week.''.
SEC. 2142. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND ELIGIBILITY 
ASSESSMENT ACTIVITIES.
    (a) Provision of Services and Activities.--Section 4001 of such 
Act, as amended by section 2141(b), is further amended by adding at the 
end the following:
    ``(i) Provision of Services and Activities.--
        ``(1) In general.--An agreement under this section shall 
    require the following:
            ``(A) The State which is party to such agreement shall 
        provide reemployment services and reemployment and eligibility 
        assessment activities to each individual--
                ``(i) who, on or after the 30th day after the date of 
            enactment of the Extended Benefits, Reemployment, and 
            Program Integrity Improvement Act, begins receiving amounts 
            described in subsections (b) and (c); and
                ``(ii) while such individual continues to receive 
            emergency unemployment compensation under this title.
            ``(B) As a condition of eligibility for emergency 
        unemployment compensation for any week--
                ``(i) a claimant who has been duly referred to 
            reemployment services shall participate in such services; 
            and
                ``(ii) a claimant shall be actively seeking work 
            (determined applying subsection (i)).
        ``(2) Description of services and activities.--The reemployment 
    services and in-person reemployment and eligibility assessment 
    activities provided to individuals receiving emergency unemployment 
    compensation described in paragraph (1)--
            ``(A) shall include--
                ``(i) the provision of labor market and career 
            information;
                ``(ii) an assessment of the skills of the individual;
                ``(iii) orientation to the services available through 
            the one-stop centers established under title I of the 
            Workforce Investment Act of 1998; and
                ``(iv) review of the eligibility of the individual for 
            emergency unemployment compensation relating to the job 
            search activities of the individual; and
            ``(B) may include the provision of--
                ``(i) comprehensive and specialized assessments;
                ``(ii) individual and group career counseling;
                ``(iii) training services;
                ``(iv) additional reemployment services; and
                ``(v) job search counseling and the development or 
            review of an individual reemployment plan that includes 
            participation in job search activities and appropriate 
            workshops.
        ``(3) Participation requirement.--As a condition of continuing 
    eligibility for emergency unemployment compensation for any week, 
    an individual who has been referred to reemployment services or 
    reemployment and eligibility assessment activities under this 
    subsection shall participate in such services or activities, unless 
    the State agency responsible for the administration of State 
    unemployment compensation law determines that--
            ``(A) such individual has completed participating in such 
        services or activities; or
            ``(B) there is justifiable cause for failure to participate 
        or to complete participating in such services or activities, as 
        determined in accordance with guidance to be issued by the 
        Secretary.''.
    (b) Issuance of Guidance.--Not later than 30 days after the date of 
enactment of this Act, the Secretary shall issue guidance on the 
implementation of the reemployment services and reemployment and 
eligibility assessment activities required to be provided under the 
amendment made by subsection (a).
    (c) Funding.--
        (1) In general.--Section 4004(c) of the Supplemental 
    Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) 
    is amended--
            (A) by striking ``States.--There'' and inserting the 
        following: ``States.--
        ``(1) Administration.--There''; and
            (B) by adding at the end the following new paragraph:
        ``(2) Reemployment services and reemployment and eligibility 
    assessment activities.--
            ``(A) Appropriation.--There are appropriated from the 
        general fund of the Treasury, for the period of fiscal year 
        2012 through fiscal year 2013, out of the employment security 
        administration account (as established by section 901(a) of the 
        Social Security Act), such sums as determined by the Secretary 
        of Labor in accordance with subparagraph (B) to assist States 
        in providing reemployment services and reemployment and 
        eligibility assessment activities described in section 
        4001(h)(2).
            ``(B) Determination of total amount.--The amount referred 
        to in subparagraph (A) is the amount the Secretary of Labor 
        estimates is equal to--
                ``(i) the number of individuals who will receive 
            reemployment services and reemployment eligibility and 
            assessment activities described in section 4001(h)(2) in 
            all States through the date specified in section 
            4007(b)(3); multiplied by
                ``(ii) $85.
            ``(C) Distribution among states.--Of the amounts 
        appropriated under subparagraph (A), the Secretary of Labor 
        shall distribute amounts to each State, in accordance with 
        section 4003(c), that the Secretary estimates is equal to--
                ``(i) the number of individuals who will receive 
            reemployment services and reemployment and eligibility 
            assessment activities described in section 4001(h)(2) in 
            such State through the date specified in section 
            4007(b)(3); multiplied by
                ``(ii) $85.''.
        (2) Transfer of funds.--Section 4004(e) of the Supplemental 
    Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) 
    is amended--
            (A) in paragraph (1)(G), by striking ``and'' at the end;
            (B) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (C) by adding at the end the following paragraph:
        ``(3) to the Employment Security Administration account (as 
    established by section 901(a) of the Social Security Act) such sums 
    as the Secretary of Labor determines to be necessary in accordance 
    with subsection (c)(2) to assist States in providing reemployment 
    services and reemployment eligibility and assessment activities 
    described in section 4001(h)(2).''.
SEC. 2143. PROMOTING PROGRAM INTEGRITY THROUGH BETTER RECOVERY OF 
OVERPAYMENTS.
    Section 4005(c)(1) of the Supplemental Appropriations Act, 2008 
(Public Law 110-252; 26 U.S.C. 3304 note) is amended--
        (1) by striking ``may'' and inserting ``shall''; and
        (2) by striking ``except that'' and all that follows through 
    ``made'' and inserting ``in accordance with the same procedures as 
    apply to the recovery of overpayments of regular unemployment 
    benefits paid by the State''.
SEC. 2144. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT PROGRAM 
SOLVENCY.
    Subsection (g) of section 4001 of the Supplemental Appropriations 
Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 note) shall not apply 
with respect to a State that has enacted a law before March 1, 2012, 
that, upon taking effect, would violate such subsection.

              Subtitle D--Short-Time Compensation Program

SEC. 2160. SHORT TITLE.
    This subtitle may be cited as the ``Layoff Prevention Act of 
2012''.
SEC. 2161. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS.
    (a) Definition.--
        (1) In general.--Section 3306 of the Internal Revenue Code of 
    1986 (26 U.S.C. 3306) is amended by adding at the end the following 
    new subsection:
    ``(v) Short-Time Compensation Program.--For purposes of this part, 
the term `short-time compensation program' means a program under 
which--
        ``(1) the participation of an employer is voluntary;
        ``(2) an employer reduces the number of hours worked by 
    employees in lieu of layoffs;
        ``(3) such employees whose workweeks have been reduced by at 
    least 10 percent, and by not more than the percentage, if any, that 
    is determined by the State to be appropriate (but in no case more 
    than 60 percent), are not disqualified from unemployment 
    compensation;
        ``(4) the amount of unemployment compensation payable to any 
    such employee is a pro rata portion of the unemployment 
    compensation which would otherwise be payable to the employee if 
    such employee were unemployed;
        ``(5) such employees meet the availability for work and work 
    search test requirements while collecting short-time compensation 
    benefits, by being available for their workweek as required by the 
    State agency;
        ``(6) eligible employees may participate, as appropriate, in 
    training (including employer-sponsored training or worker training 
    funded under the Workforce Investment Act of 1998) to enhance job 
    skills if such program has been approved by the State agency;
        ``(7) the State agency shall require employers to certify that 
    if the employer provides health benefits and retirement benefits 
    under a defined benefit plan (as defined in section 414(j)) or 
    contributions under a defined contribution plan (as defined in 
    section 414(i)) to any employee whose workweek is reduced under the 
    program that such benefits will continue to be provided to 
    employees participating in the short-time compensation program 
    under the same terms and conditions as though the workweek of such 
    employee had not been reduced or to the same extent as other 
    employees not participating in the short-time compensation program;
        ``(8) the State agency shall require an employer to submit a 
    written plan describing the manner in which the requirements of 
    this subsection will be implemented (including a plan for giving 
    advance notice, where feasible, to an employee whose workweek is to 
    be reduced) together with an estimate of the number of layoffs that 
    would have occurred absent the ability to participate in short-time 
    compensation and such other information as the Secretary of Labor 
    determines is appropriate;
        ``(9) the terms of the employer's written plan and 
    implementation shall be consistent with employer obligations under 
    applicable Federal and State laws; and
        ``(10) upon request by the State and approval by the Secretary 
    of Labor, only such other provisions are included in the State law 
    that are determined to be appropriate for purposes of a short-time 
    compensation program.''.
        (2) Effective date.--Subject to paragraph (3), the amendment 
    made by paragraph (1) shall take effect on the date of the 
    enactment of this Act.
        (3) Transition period for existing programs.--In the case of a 
    State that is administering a short-time compensation program as of 
    the date of the enactment of this Act and the State law cannot be 
    administered consistent with the amendment made by paragraph (1), 
    such amendment shall take effect on the earlier of--
            (A) the date the State changes its State law in order to be 
        consistent with such amendment; or
            (B) the date that is 2 years and 6 months after the date of 
        the enactment of this Act.
    (b) Conforming Amendments.--
        (1) Internal revenue code of 1986.--
            (A) Subparagraph (E) of section 3304(a)(4) of the Internal 
        Revenue Code of 1986 is amended to read as follows:
            ``(E) amounts may be withdrawn for the payment of short-
        time compensation under a short-time compensation program (as 
        defined under section 3306(v));''.
            (B) Subsection (f) of section 3306 of the Internal Revenue 
        Code of 1986 is amended--
                (i) by striking paragraph (5) (relating to short-time 
            compensation) and inserting the following new paragraph:
        ``(5) amounts may be withdrawn for the payment of short-time 
    compensation under a short-time compensation program (as defined in 
    subsection (v)); and''; and
                (ii) by redesignating paragraph (5) (relating to self-
            employment assistance program) as paragraph (6).
        (2) Social security act.--Section 303(a)(5) of the Social 
    Security Act is amended by striking ``the payment of short-time 
    compensation under a plan approved by the Secretary of Labor'' and 
    inserting ``the payment of short-time compensation under a short-
    time compensation program (as defined in section 3306(v) of the 
    Internal Revenue Code of 1986)''.
        (3) Unemployment compensation amendments of 1992.--Subsections 
    (b) through (d) of section 401 of the Unemployment Compensation 
    Amendments of 1992 (26 U.S.C. 3304 note) are repealed.
SEC. 2162. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION PAYMENTS IN 
STATES WITH PROGRAMS IN LAW.
    (a) Payments to States.--
        (1) In general.--Subject to paragraph (3), there shall be paid 
    to a State an amount equal to 100 percent of the amount of short-
    time compensation paid under a short-time compensation program (as 
    defined in section 3306(v) of the Internal Revenue Code of 1986, as 
    added by section 2161(a)) under the provisions of the State law.
        (2) Terms of payments.--Payments made to a State under 
    paragraph (1) shall be payable by way of reimbursement in such 
    amounts as the Secretary estimates the State will be entitled to 
    receive under this section for each calendar month, reduced or 
    increased, as the case may be, by any amount by which the Secretary 
    finds that the Secretary's estimates for any prior calendar month 
    were greater or less than the amounts which should have been paid 
    to the State. Such estimates may be made on the basis of such 
    statistical, sampling, or other method as may be agreed upon by the 
    Secretary and the State agency of the State involved.
        (3) Limitations on payments.--
            (A) General payment limitations.--No payments shall be made 
        to a State under this section for short-time compensation paid 
        to an individual by the State during a benefit year in excess 
        of 26 times the amount of regular compensation (including 
        dependents' allowances) under the State law payable to such 
        individual for a week of total unemployment.
            (B) Employer limitations.--No payments shall be made to a 
        State under this section for benefits paid to an individual by 
        the State under a short-time compensation program if such 
        individual is employed by the participating employer on a 
        seasonal, temporary, or intermittent basis.
    (b) Applicability.--
        (1) In general.--Payments to a State under subsection (a) shall 
    be available for weeks of unemployment--
            (A) beginning on or after the date of the enactment of this 
        Act; and
            (B) ending on or before the date that is 3 years and 6 
        months after the date of the enactment of this Act.
        (2) Three-year funding limitation for combined payments under 
    this section and section 2163.--States may receive payments under 
    this section and section 2163 with respect to a total of not more 
    than 156 weeks.
    (c) Two-Year Transition Period for Existing Programs.--During any 
period that the transition provision under section 2161(a)(3) is 
applicable to a State with respect to a short-time compensation 
program, such State shall be eligible for payments under this section. 
Subject to paragraphs (1)(B) and (2) of subsection (b), if at any point 
after the date of the enactment of this Act the State enacts a State 
law providing for the payment of short-time compensation under a short-
time compensation program that meets the definition of such a program 
under section 3306(v) of the Internal Revenue Code of 1986, as added by 
section 2161(a), the State shall be eligible for payments under this 
section after the effective date of such enactment.
    (d) Funding and Certifications.--
        (1) Funding.--There are appropriated, out of moneys in the 
    Treasury not otherwise appropriated, such sums as may be necessary 
    for purposes of carrying out this section.
        (2) Certifications.--The Secretary shall from time to time 
    certify to the Secretary of the Treasury for payment to each State 
    the sums payable to such State under this section.
    (e) Definitions.--In this section:
        (1) Secretary.--The term ``Secretary'' means the Secretary of 
    Labor.
        (2) State; state agency; state law.--The terms ``State'', 
    ``State agency'', and ``State law'' have the meanings given those 
    terms in section 205 of the Federal-State Extended Unemployment 
    Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2163. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION AGREEMENTS.
    (a) Federal-State Agreements.--
        (1) In general.--Any State which desires to do so may enter 
    into, and participate in, an agreement under this section with the 
    Secretary provided that such State's law does not provide for the 
    payment of short-time compensation under a short-time compensation 
    program (as defined in section 3306(v) of the Internal Revenue Code 
    of 1986, as added by section 2161(a)).
        (2) Ability to terminate.--Any State which is a party to an 
    agreement under this section may, upon providing 30 days' written 
    notice to the Secretary, terminate such agreement.
    (b) Provisions of Federal-State Agreement.--
        (1) In general.--Any agreement under this section shall provide 
    that the State agency of the State will make payments of short-time 
    compensation under a plan approved by the State. Such plan shall 
    provide that payments are made in accordance with the requirements 
    under section 3306(v) of the Internal Revenue Code of 1986, as 
    added by section 2161(a).
        (2) Limitations on plans.--
            (A) General payment limitations.--A short-time compensation 
        plan approved by a State shall not permit the payment of short-
        time compensation to an individual by the State during a 
        benefit year in excess of 26 times the amount of regular 
        compensation (including dependents' allowances) under the State 
        law payable to such individual for a week of total 
        unemployment.
            (B) Employer limitations.--A short-time compensation plan 
        approved by a State shall not provide payments to an individual 
        if such individual is employed by the participating employer on 
        a seasonal, temporary, or intermittent basis.
        (3) Employer payment of costs.--Any short-time compensation 
    plan entered into by an employer must provide that the employer 
    will pay the State an amount equal to one-half of the amount of 
    short-time compensation paid under such plan. Such amount shall be 
    deposited in the State's unemployment fund and shall not be used 
    for purposes of calculating an employer's contribution rate under 
    section 3303(a)(1) of the Internal Revenue Code of 1986.
    (c) Payments to States.--
        (1) In general.--There shall be paid to each State with an 
    agreement under this section an amount equal to--
            (A) one-half of the amount of short-time compensation paid 
        to individuals by the State pursuant to such agreement; and
            (B) any additional administrative expenses incurred by the 
        State by reason of such agreement (as determined by the 
        Secretary).
        (2) Terms of payments.--Payments made to a State under 
    paragraph (1) shall be payable by way of reimbursement in such 
    amounts as the Secretary estimates the State will be entitled to 
    receive under this section for each calendar month, reduced or 
    increased, as the case may be, by any amount by which the Secretary 
    finds that the Secretary's estimates for any prior calendar month 
    were greater or less than the amounts which should have been paid 
    to the State. Such estimates may be made on the basis of such 
    statistical, sampling, or other method as may be agreed upon by the 
    Secretary and the State agency of the State involved.
        (3) Funding.--There are appropriated, out of moneys in the 
    Treasury not otherwise appropriated, such sums as may be necessary 
    for purposes of carrying out this section.
        (4) Certifications.--The Secretary shall from time to time 
    certify to the Secretary of the Treasury for payment to each State 
    the sums payable to such State under this section.
    (d) Applicability.--
        (1) In general.--An agreement entered into under this section 
    shall apply to weeks of unemployment--
            (A) beginning on or after the date on which such agreement 
        is entered into; and
            (B) ending on or before the date that is 2 years and 13 
        weeks after the date of the enactment of this Act.
        (2) Two-year funding limitation.--States may receive payments 
    under this section with respect to a total of not more than 104 
    weeks.
    (e) Special Rule.--If a State has entered into an agreement under 
this section and subsequently enacts a State law providing for the 
payment of short-time compensation under a short-time compensation 
program that meets the definition of such a program under section 
3306(v) of the Internal Revenue Code of 1986, as added by section 
2161(a), the State--
        (1) shall not be eligible for payments under this section for 
    weeks of unemployment beginning after the effective date of such 
    State law; and
        (2) subject to paragraphs (1)(B) and (2) of section 2162(b), 
    shall be eligible to receive payments under section 2162 after the 
    effective date of such State law.
    (f) Definitions.--In this section:
        (1) Secretary.--The term ``Secretary'' means the Secretary of 
    Labor.
        (2) State; state agency; state law.--The terms ``State'', 
    ``State agency'', and ``State law'' have the meanings given those 
    terms in section 205 of the Federal-State Extended Unemployment 
    Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2164. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS.
    (a) Grants.--
        (1) For implementation or improved administration.--The 
    Secretary shall award grants to States that enact short-time 
    compensation programs (as defined in subsection (i)(2)) for the 
    purpose of implementation or improved administration of such 
    programs.
        (2) For promotion and enrollment.--The Secretary shall award 
    grants to States that are eligible and submit plans for a grant 
    under paragraph (1) for such States to promote and enroll employers 
    in short-time compensation programs (as so defined).
        (3) Eligibility.--
            (A) In general.--The Secretary shall determine eligibility 
        criteria for the grants under paragraphs (1) and (2).
            (B) Clarification.--A State administering a short-time 
        compensation program, including a program being administered by 
        a State that is participating in the transition under the 
        provisions of sections 301(a)(3) and 302(c), that does not meet 
        the definition of a short-time compensation program under 
        section 3306(v) of the Internal Revenue Code of 1986 (as added 
        by 211(a)), and a State with an agreement under section 2163, 
        shall not be eligible to receive a grant under this section 
        until such time as the State law of the State provides for 
        payments under a short-time compensation program that meets 
        such definition and such law.
    (b) Amount of Grants.--
        (1) In general.--The maximum amount available for making grants 
    to a State under paragraphs (1) and (2) shall be equal to the 
    amount obtained by multiplying $100,000,000 (less the amount used 
    by the Secretary under subsection (e)) by the same ratio as would 
    apply under subsection (a)(2)(B) of section 903 of the Social 
    Security Act (42 U.S.C. 1103) for purposes of determining such 
    State's share of any excess amount (as described in subsection 
    (a)(1) of such section) that would have been subject to transfer to 
    State accounts, as of October 1, 2010, under the provisions of 
    subsection (a) of such section.
        (2) Amount available for different grants.--Of the maximum 
    incentive payment determined under paragraph (1) with respect to a 
    State--
            (A) one-third shall be available for a grant under 
        subsection (a)(1); and
            (B) two-thirds shall be available for a grant under 
        subsection (a)(2).
    (c) Grant Application and Disbursal.--
        (1) Application.--Any State seeking a grant under paragraph (1) 
    or (2) of subsection (a) shall submit an application to the 
    Secretary at such time, in such manner, and complete with such 
    information as the Secretary may require. In no case may the 
    Secretary award a grant under this section with respect to an 
    application that is submitted after December 31, 2014.
        (2) Notice.--The Secretary shall, within 30 days after 
    receiving a complete application, notify the State agency of the 
    State of the Secretary's findings with respect to the requirements 
    for a grant under paragraph (1) or (2) (or both) of subsection (a).
        (3) Certification.--If the Secretary finds that the State law 
    provisions meet the requirements for a grant under subsection (a), 
    the Secretary shall thereupon make a certification to that effect 
    to the Secretary of the Treasury, together with a certification as 
    to the amount of the grant payment to be transferred to the State 
    account in the Unemployment Trust Fund (as established in section 
    904(a) of the Social Security Act (42 U.S.C. 1104(a))) pursuant to 
    that finding. The Secretary of the Treasury shall make the 
    appropriate transfer to the State account within 7 days after 
    receiving such certification.
        (4) Requirement.--No certification of compliance with the 
    requirements for a grant under paragraph (1) or (2) of subsection 
    (a) may be made with respect to any State whose--
            (A) State law is not otherwise eligible for certification 
        under section 303 of the Social Security Act (42 U.S.C. 503) or 
        approvable under section 3304 of the Internal Revenue Code of 
        1986; or
            (B) short-time compensation program is subject to 
        discontinuation or is not scheduled to take effect within 12 
        months of the certification.
    (d) Use of Funds.--The amount of any grant awarded under this 
section shall be used for the implementation of short-time compensation 
programs and the overall administration of such programs and the 
promotion and enrollment efforts associated with such programs, such as 
through--
        (1) the creation or support of rapid response teams to advise 
    employers about alternatives to layoffs;
        (2) the provision of education or assistance to employers to 
    enable them to assess the feasibility of participating in short-
    time compensation programs; and
        (3) the development or enhancement of systems to automate--
            (A) the submission and approval of plans; and
            (B) the filing and approval of new and ongoing short-time 
        compensation claims.
    (e) Administration.--The Secretary is authorized to use 0.25 
percent of the funds available under subsection (g) to provide for 
outreach and to share best practices with respect to this section and 
short-time compensation programs.
    (f) Recoupment.--The Secretary shall establish a process under 
which the Secretary shall recoup the amount of any grant awarded under 
paragraph (1) or (2) of subsection (a) if the Secretary determines 
that, during the 5-year period beginning on the first date that any 
such grant is awarded to the State, the State--
        (1) terminated the State's short-time compensation program; or
        (2) failed to meet appropriate requirements with respect to 
    such program (as established by the Secretary).
    (g) Funding.--There are appropriated, out of moneys in the Treasury 
not otherwise appropriated, to the Secretary, $100,000,000 to carry out 
this section, to remain available without fiscal year limitation.
    (h) Reporting.--The Secretary may establish reporting requirements 
for States receiving a grant under this section in order to provide 
oversight of grant funds.
    (i) Definitions.--In this section:
        (1) Secretary.--The term ``Secretary'' means the Secretary of 
    Labor.
        (2) Short-time compensation program.--The term ``short-time 
    compensation program'' has the meaning given such term in section 
    3306(v) of the Internal Revenue Code of 1986, as added by section 
    2161(a).
        (3) State; state agency; state law.--The terms ``State'', 
    ``State agency'', and ``State law'' have the meanings given those 
    terms in section 205 of the Federal-State Extended Unemployment 
    Compensation Act of 1970 (26 U.S.C. 3304 note).
SEC. 2165. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS.
    (a) In General.--In order to assist States in establishing, 
qualifying, and implementing short-time compensation programs (as 
defined in section 3306(v) of the Internal Revenue Code of 1986, as 
added by section 2161(a)), the Secretary of Labor (in this section 
referred to as the ``Secretary'') shall--
        (1) develop model legislative language which may be used by 
    States in developing and enacting such programs and periodically 
    review and revise such model legislative language;
        (2) provide technical assistance and guidance in developing, 
    enacting, and implementing such programs;
        (3) establish reporting requirements for States, including 
    reporting on--
            (A) the number of estimated averted layoffs;
            (B) the number of participating employers and workers; and
            (C) such other items as the Secretary of Labor determines 
        are appropriate.
    (b) Model Language and Guidance.--The model language and guidance 
developed under subsection (a) shall allow sufficient flexibility by 
States and participating employers while ensuring accountability and 
program integrity.
    (c) Consultation.--In developing the model legislative language and 
guidance under subsection (a), and in order to meet the requirements of 
subsection (b), the Secretary shall consult with employers, labor 
organizations, State workforce agencies, and other program experts.
SEC. 2166. REPORTS.
    (a) Report.--
        (1) In general.--Not later than 4 years after the date of the 
    enactment of this Act, the Secretary of Labor shall submit to 
    Congress and to the President a report or reports on the 
    implementation of the provisions of this subtitle.
        (2) Requirements.--Any report under paragraph (1) shall at a 
    minimum include the following:
            (A) A description of best practices by States and employers 
        in the administration, promotion, and use of short-time 
        compensation programs (as defined in section 3306(v) of the 
        Internal Revenue Code of 1986, as added by section 2161(a)).
            (B) An analysis of the significant challenges to State 
        enactment and implementation of short-time compensation 
        programs.
            (C) A survey of employers in all States to determine the 
        level of interest in participating in short-time compensation 
        programs.
    (b) Funding.--There are appropriated, out of any moneys in the 
Treasury not otherwise appropriated, to the Secretary of Labor, 
$1,500,000 to carry out this section, to remain available without 
fiscal year limitation.

                 Subtitle E--Self-Employment Assistance

SEC. 2181. STATE ADMINISTRATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS.
    (a) Availability for Individuals Receiving Extended Compensation.--
Title II of the Federal-State Extended Unemployment Compensation Act of 
1970 (26 U.S.C. 3304 note) is amended by inserting at the end the 
following new section:


        ``authority to conduct self-employment assistance programs

    ``Sec. 208.  (a)(1) At the option of a State, for any weeks of 
unemployment beginning after the date of enactment of this section, the 
State agency of the State may establish a self-employment assistance 
program, as described in subsection (b), to provide for the payment of 
extended compensation as self-employment assistance allowances to 
individuals who would otherwise satisfy the eligibility criteria under 
this title.
    ``(2) Subject to paragraph (3), the self-employment assistance 
allowance described in paragraph (1) shall be paid to an eligible 
individual from such individual's extended compensation account, as 
described in section 202(b), and the amount in such account shall be 
reduced accordingly.
    ``(3)(A) Subject to subparagraph (B), for purposes of self-
employment assistance programs established under this section and 
section 4001(j) of the Supplemental Appropriations Act, 2008, an 
individual shall be provided with self-employment assistance allowances 
under such programs for a total of not greater than 26 weeks (referred 
to in this section as the `combined eligibility limit').
    ``(B) For purposes of an individual who is participating in a self-
employment assistance program established under this section and has 
not reached the combined eligibility limit as of the date on which such 
individual exhausts all rights to extended compensation under this 
title, the individual shall be eligible to receive self-employment 
assistance allowances under a self-employment assistance program 
established under section 4001(j) of the Supplemental Appropriations 
Act, 2008, until such individual has reached the combined eligibility 
limit, provided that the individual otherwise satisfies the eligibility 
criteria described under title IV of such Act.
    ``(b) For the purposes of this section, the term `self-employment 
assistance program' means a program as defined under section 3306(t) of 
the Internal Revenue Code of 1986, except as follows:
        ``(1) all references to `regular unemployment compensation 
    under the State law' shall be deemed to refer instead to `extended 
    compensation under title II of the Federal-State Extended 
    Unemployment Compensation Act of 1970';
        ``(2) paragraph (3)(B) shall not apply;
        ``(3) clause (i) of paragraph (3)(C) shall be deemed to state 
    as follows:
                ```(i) include any entrepreneurial training that the 
            State or non-profit organizations may provide in 
            coordination with programs of training offered by the Small 
            Business Administration, which may include business 
            counseling, mentorship for participants, access to small 
            business development resources, and technical assistance; 
            and';
        ``(4) the reference to `5 percent' in paragraph (4) shall be 
    deemed to refer instead to `1 percent'; and
        ``(5) paragraph (5) shall not apply.
    ``(c) In the case of an individual who is eligible to receive 
extended compensation under this title, such individual shall not 
receive self-employment assistance allowances under this section unless 
the State agency has a reasonable expectation that such individual will 
be entitled to at least 13 times the individual's average weekly 
benefit amount of extended compensation and emergency unemployment 
compensation.
    ``(d)(1) An individual who is participating in a self-employment 
assistance program established under this section may elect to 
discontinue participation in such program at any time.
    ``(2) For purposes of an individual whose participation in a self-
employment assistance program established under this section is 
terminated pursuant to subsection (a)(3) or who has discontinued 
participation in such program, if the individual continues to satisfy 
the eligibility requirements for extended compensation under this 
title, the individual shall receive extended compensation payments with 
respect to subsequent weeks of unemployment, to the extent that amounts 
remain in the account established for such individual under section 
202(b).''.
    (b) Availability for Individuals Receiving Emergency Unemployment 
Compensation.--Section 4001 of the Supplemental Appropriations Act, 
2008 (Public Law 110-252; 26 U.S.C. 3304 note), as amended by sections 
2141(b) and 2142(a), is further amended by inserting at the end the 
following new subsection:
    ``(j) Authority to Conduct Self-employment Assistance Program.--
        ``(1) In general.--
            ``(A) Establishment.--Any agreement under subsection (a) 
        may provide that the State agency of the State shall establish 
        a self-employment assistance program, as described in paragraph 
        (2), to provide for the payment of emergency unemployment 
        compensation as self-employment assistance allowances to 
        individuals who would otherwise satisfy the eligibility 
        criteria specified in subsection (b).
            ``(B) Payment of allowances.--Subject to subparagraph (C), 
        the self-employment assistance allowance described in 
        subparagraph (A) shall be paid to an eligible individual from 
        such individual's emergency unemployment compensation account, 
        as described in section 4002, and the amount in such account 
        shall be reduced accordingly.
            ``(C) Limitation on self-employment assistance for 
        individuals receiving extended compensation and emergency 
        unemployment compensation.--
                ``(i) Combined eligibility limit.--Subject to clause 
            (ii), for purposes of self-employment assistance programs 
            established under this subsection and section 208 of the 
            Federal-State Extended Unemployment Compensation Act of 
            1970, an individual shall be provided with self-employment 
            assistance allowances under such programs for a total of 
            not greater than 26 weeks (referred to in this subsection 
            as the `combined eligibility limit').
                ``(ii) Carryover rule.--For purposes of an individual 
            who is participating in a self-employment assistance 
            program established under this subsection and has not 
            reached the combined eligibility limit as of the date on 
            which such individual exhausts all rights to extended 
            compensation under this title, the individual shall be 
            eligible to receive self-employment assistance allowances 
            under a self-employment assistance program established 
            under section 208 of the Federal-State Extended 
            Unemployment Compensation Act of 1970 until such individual 
            has reached the combined eligibility limit, provided that 
            the individual otherwise satisfies the eligibility criteria 
            described under title II of such Act.
        ``(2) Definition of `self-employment assistance program'.--For 
    the purposes of this section, the term `self-employment assistance 
    program' means a program as defined under section 3306(t) of the 
    Internal Revenue Code of 1986, except as follows:
            ``(A) all references to `regular unemployment compensation 
        under the State law' shall be deemed to refer instead to 
        `emergency unemployment compensation under title IV of the 
        Supplemental Appropriations Act, 2008';
            ``(B) paragraph (3)(B) shall not apply;
            ``(C) clause (i) of paragraph (3)(C) shall be deemed to 
        state as follows:
                ```(i) include any entrepreneurial training that the 
            State or non-profit organizations may provide in 
            coordination with programs of training offered by the Small 
            Business Administration, which may include business 
            counseling, mentorship for participants, access to small 
            business development resources, and technical assistance; 
            and';
            ``(D) the reference to `5 percent' in paragraph (4) shall 
        be deemed to refer instead to `1 percent'; and
            ``(E) paragraph (5) shall not apply.
        ``(3) Availability of self-employment assistance allowances.--
    In the case of an individual who is eligible to receive emergency 
    unemployment compensation payment under this title, such individual 
    shall not receive self-employment assistance allowances under this 
    subsection unless the State agency has a reasonable expectation 
    that such individual will be entitled to at least 13 times the 
    individual's average weekly benefit amount of extended compensation 
    and emergency unemployment compensation.
        ``(4) Participant option to terminate participation in self-
    employment assistance program.--
            ``(A) Termination.--An individual who is participating in a 
        self-employment assistance program established under this 
        subsection may elect to discontinue participation in such 
        program at any time.
            ``(B) Continued eligibility for emergency unemployment 
        compensation.--For purposes of an individual whose 
        participation in the self-employment assistance program 
        established under this subsection is terminated pursuant to 
        paragraph (1)(C) or who has discontinued participation in such 
        program, if the individual continues to satisfy the eligibility 
        requirements for emergency unemployment compensation under this 
        title, the individual shall receive emergency unemployment 
        compensation payments with respect to subsequent weeks of 
        unemployment, to the extent that amounts remain in the account 
        established for such individual under section 4002(b) or to the 
        extent that such individual commences receiving the amounts 
        described in subsections (c), (d), or (e) of such section, 
        respectively.''.
SEC. 2182. GRANTS FOR SELF-EMPLOYMENT ASSISTANCE PROGRAMS.
    (a) In General.--
        (1) Establishment or improved administration.--Subject to the 
    requirements established under subsection (b), the Secretary shall 
    award grants to States for the purposes of--
            (A) improved administration of self-employment assistance 
        programs that have been established, prior to the date of the 
        enactment of this Act, pursuant to section 3306(t) of the 
        Internal Revenue Code of 1986 (26 U.S.C. 3306(t)), for 
        individuals who are eligible to receive regular unemployment 
        compensation;
            (B) development, implementation, and administration of 
        self-employment assistance programs that are established, 
        subsequent to the date of the enactment of this Act, pursuant 
        to section 3306(t) of the Internal Revenue Code of 1986, for 
        individuals who are eligible to receive regular unemployment 
        compensation; and
            (C) development, implementation, and administration of 
        self-employment assistance programs that are established 
        pursuant to section 208 of the Federal-State Extended 
        Unemployment Compensation Act of 1970 or section 4001(j) of the 
        Supplemental Appropriations Act, 2008, for individuals who are 
        eligible to receive extended compensation or emergency 
        unemployment compensation.
        (2) Promotion and enrollment.--Subject to the requirements 
    established under subsection (b), the Secretary shall award 
    additional grants to States that submit approved applications for a 
    grant under paragraph (1) for such States to promote self-
    employment assistance programs and enroll unemployed individuals in 
    such programs.
    (b) Application and Disbursal.--
        (1) Application.--Any State seeking a grant under paragraph (1) 
    or (2) of subsection (a) shall submit an application to the 
    Secretary at such time, in such manner, and containing such 
    information as is determined appropriate by the Secretary. In no 
    case shall the Secretary award a grant under this section with 
    respect to an application that is submitted after December 31, 
    2013.
        (2) Notice.--Not later than 30 days after receiving an 
    application described in paragraph (1) from a State, the Secretary 
    shall notify the State agency as to whether a grant has been 
    approved for such State for the purposes described in subsection 
    (a).
        (3) Certification.--If the Secretary determines that a State 
    has met the requirements for a grant under subsection (a), the 
    Secretary shall make a certification to that effect to the 
    Secretary of the Treasury, as well as a certification as to the 
    amount of the grant payment to be transferred to the State account 
    in the Unemployment Trust Fund under section 904 of the Social 
    Security Act (42 U.S.C. 1104). The Secretary of the Treasury shall 
    make the appropriate transfer to the State account not later than 7 
    days after receiving such certification.
    (c) Allotment Factors.--For purposes of allotting the funds 
available under subsection (d) to States that have met the requirements 
for a grant under this section, the amount of the grant provided to 
each State shall be determined based upon the percentage of unemployed 
individuals in the State relative to the percentage of unemployed 
individuals in all States.
    (d) Funding.--There are appropriated, out of moneys in the Treasury 
not otherwise appropriated, $35,000,000 for the period of fiscal year 
2012 through fiscal year 2013 for purposes of carrying out the grant 
program under this section,
SEC. 2183. ASSISTANCE AND GUIDANCE IN IMPLEMENTING SELF-EMPLOYMENT 
ASSISTANCE PROGRAMS.
    (a) Model Language and Guidance.--For purposes of assisting States 
in establishing, improving, and administering self-employment 
assistance programs, the Secretary shall--
        (1) develop model language that may be used by States in 
    enacting such programs, as well as periodically review and revise 
    such model language; and
        (2) provide technical assistance and guidance in establishing, 
    improving, and administering such programs.
    (b) Reporting and Evaluation.--
        (1) Reporting.--The Secretary shall establish reporting 
    requirements for States that have established self-employment 
    assistance programs, which shall include reporting on--
            (A) the total number of individuals who received 
        unemployment compensation and--
                (i) were referred to a self-employment assistance 
            program;
                (ii) participated in such program; and
                (iii) received an allowance under such program;
            (B) the total amount of allowances provided to individuals 
        participating in a self-employment assistance program;
            (C) the total income (as determined by survey or other 
        appropriate method) for businesses that have been established 
        by individuals participating in a self-employment assistance 
        program, as well as the total number of individuals employed 
        through such businesses; and
            (D) any additional information, as determined appropriate 
        by the Secretary.
        (2) Evaluation.--Not later than 5 years after the date of the 
    enactment of this Act, the Secretary shall submit to Congress a 
    report that evaluates the effectiveness of self-employment 
    assistance programs established by States, including--
            (A) an analysis of the implementation and operation of 
        self-employment assistance programs by States;
            (B) an evaluation of the economic outcomes for individuals 
        who participated in a self-employment assistance program as 
        compared to individuals who received unemployment compensation 
        and did not participate in a self-employment assistance 
        program, including a comparison as to employment status, 
        income, and duration of receipt of unemployment compensation or 
        self-employment assistance allowances; and
            (C) an evaluation of the state of the businesses started by 
        individuals who participated in a self-employment assistance 
        program, including information regarding--
                (i) the type of businesses established;
                (ii) the sustainability of the businesses;
                (iii) the total income collected by the businesses;
                (iv) the total number of individuals employed through 
            such businesses; and
                (v) the estimated Federal and State tax revenue 
            collected from such businesses and their employees.
    (c) Flexibility and Accountability.--The model language, guidance, 
and reporting requirements developed by the Secretary under subsections 
(a) and (b) shall--
        (1) allow sufficient flexibility for States and participating 
    individuals; and
        (2) ensure accountability and program integrity.
    (d) Consultation.--For purposes of developing the model language, 
guidance, and reporting requirements described under subsections (a) 
and (b), the Secretary shall consult with employers, labor 
organizations, State agencies, and other relevant program experts.
    (e) Entrepreneurial Training Programs.--The Secretary shall utilize 
resources available through the Department of Labor and coordinate with 
the Administrator of the Small Business Administration to ensure that 
adequate funding is reserved and made available for the provision of 
entrepreneurial training to individuals participating in self-
employment assistance programs.
    (f) Self-employment Assistance Program.--For purposes of this 
section, the term ``self-employment assistance program'' means a 
program established pursuant to section 3306(t) of the Internal Revenue 
Code of 1986 (26 U.S.C. 3306(t)), section 208 of the Federal-State 
Extended Unemployment Compensation Act of 1970, or section 4001(j) of 
the Supplemental Appropriations Act, 2008, for individuals who are 
eligible to receive regular unemployment compensation, extended 
compensation, or emergency unemployment compensation.
SEC. 2184. DEFINITIONS.
    In this subtitle:
        (1) Secretary.--The term ``Secretary'' means the Secretary of 
    Labor.
        (2) State; state agency.--The terms ``State'' and ``State 
    agency'' have the meanings given such terms under section 205 of 
    the Federal-State Extended Unemployment Compensation Act of 1970 
    (26 U.S.C. 3304 note).

            TITLE III--MEDICARE AND OTHER HEALTH PROVISIONS
                    Subtitle A--Medicare Extensions

SEC. 3001. EXTENSION OF MMA SECTION 508 RECLASSIFICATIONS.
    (a) In General.--Section 106(a) of division B of the Tax Relief and 
Health Care Act of 2006 (42 U.S.C. 1395 note), as amended by section 
117 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public 
Law 110-173), section 124 of the Medicare Improvements for Patients and 
Providers Act of 2008 (Public Law 110-275), sections 3137(a) and 10317 
of the Patient Protection and Affordable Care Act (Public Law 111-148), 
section 102(a) of the Medicare and Medicaid Extenders Act of 2010 
(Public Law 111-309), and section 302(a) of the Temporary Payroll Tax 
Cut Continuation Act of 2011 (Public Law 112-78), is amended by 
striking ``November 30, 2011'' and inserting ``March 31, 2012''.
    (b) Special Rule.--
        (1) In general.--Subject to paragraph (2), for purposes of 
    implementation of the amendment made by subsection (a), including 
    for purposes of the implementation of paragraph (2) of section 
    117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 
    (Public Law 110-173), for the period beginning on December 1, 2011, 
    and ending on March 31, 2012, the Secretary of Health and Human 
    Services shall use the hospital wage index that was promulgated by 
    the Secretary of Health and Human Services in the Federal Register 
    on August 18, 2011 (76 Fed. Reg. 51476), and any subsequent 
    corrections.
        (2) Exception.--In determining the wage index applicable to 
    hospitals that qualify for wage index reclassification, the 
    Secretary shall, for the period described in paragraph (1), include 
    the average hourly wage data of hospitals whose reclassification 
    was extended pursuant to the amendment made by subsection (a) only 
    if including such data results in a higher applicable reclassified 
    wage index. Any revision to hospital wage indexes made as a result 
    of this paragraph shall not be effected in a budget neutral manner.
    (c) Timeframe for Payments.--
        (1) In general.--The Secretary shall make payments required 
    under subsections (a) and (b) by not later than June 30, 2012.
        (2) October 2011 and november 2011 conforming change.--Section 
    302(c) of the Temporary Payroll Tax Cut Continuation Act of 2011 
    (Public Law 112-78) is amended by striking ``December 31, 2012'' 
    and inserting ``June 30, 2012''.
SEC. 3002. EXTENSION OF OUTPATIENT HOLD HARMLESS PAYMENTS.
    (a) In General.--Section 1833(t)(7)(D)(i) of the Social Security 
Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 308 of the 
Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112-78), 
is amended--
        (1) in subclause (II)--
            (A) in the first sentence, by striking ``March 1, 2012'' 
        and inserting ``January 1, 2013''; and
            (B) in the second sentence, by striking ``or the first two 
        months of 2012'' and inserting ``or 2012''; and
        (2) in subclause (III), in the first sentence, by striking 
    ``March 1, 2012'' and inserting ``January 1, 2013''.
    (b) Report.--Not later than July 1, 2012, the Secretary of Health 
and Human Services shall submit to the Committees on Ways and Means and 
Energy and Commerce of the House of Representatives and the Committee 
on Finance of the Senate a report including recommendations for which 
types of hospitals should continue to receive hold harmless payments 
described in subclauses (II) and (III) of section 1833(t)(7)(D)(i) of 
the Social Security Act (42 U.S.C. 1395l(t)(7)(D)(i)) in order to 
maintain adequate beneficiary access to outpatient services. In 
conducting such report, the Secretary should examine why some similarly 
situated hospitals do not receive such hold harmless payments and are 
able to rely only on the prospective payment system for hospital 
outpatient department services under section 1833(t) of the Social 
Security Act (42 U.S.C. 1395l(t)).
SEC. 3003. PHYSICIAN PAYMENT UPDATE.
    (a) In General.--Section 1848(d)(13) of the Social Security Act (42 
U.S.C. 1395w-4(d)(13)), as added by section 301 of the Temporary 
Payroll Tax Cut Continuation Act of 2011 (Public Law 112-78), is 
amended--
        (1) in the heading, by striking ``first two months of 2012'' 
    and inserting ``2012'';
        (2) in subparagraph (A), by striking ``the period beginning on 
    January 1, 2012, and ending on February 29, 2012'' and inserting 
    ``2012'';
        (3) in the heading of subparagraph (B), by striking ``remaining 
    portion of 2012'' and inserting ``2013''; and
        (4) in subparagraph (B), by striking ``for the period beginning 
    on March 1, 2012, and ending on December 31, 2012, and for 2013'' 
    and inserting ``for 2013''.
    (b) Mandated Studies on Physician Payment Reform.--
        (1) Study by secretary on options for bundled or episode-based 
    payment.--
            (A) In general.--The Secretary of Health and Human Services 
        shall conduct a study that examines options for bundled or 
        episode-based payments, to cover physicians' services currently 
        paid under the physician fee schedule under section 1848 of the 
        Social Security Act (42 U.S.C. 1395w-4), for one or more 
        prevalent chronic conditions (such as cancer, diabetes, and 
        congestive heart failure) or episodes of care for one or more 
        major procedures (such as medical device implantation). In 
        conducting the study, the Secretary shall consult with medical 
        professional societies and other relevant stakeholders. The 
        study shall include an examination of related private payer 
        payment initiatives.
            (B) Report.--Not later than January 1, 2013, the Secretary 
        shall submit to the Committees on Ways and Means and Energy and 
        Commerce of the House of Representatives and the Committee on 
        Finance of the Senate a report on the study conducted under 
        this paragraph. The Secretary shall include in the report 
        recommendations on suitable alternative payment options for 
        services paid under such fee schedule and on associated 
        implementation requirements (such as timelines, operational 
        issues, and interactions with other payment reform 
        initiatives).
        (2) GAO study of private payer initiatives.--
            (A) In general.--The Comptroller General of the United 
        States shall conduct a study that examines initiatives of 
        private entities offering or administering health insurance 
        coverage, group health plans, or other private health benefit 
        plans to base or adjust physician payment rates under such 
        coverage or plans for performance on quality and efficiency, as 
        well as demonstration of care delivery improvement activities 
        (such as adherence to evidence-based guidelines and patient-
        shared decision making programs). In conducting such study, the 
        Comptroller General shall consult, to the extent appropriate, 
        with medical professional societies and other relevant 
        stakeholders.
            (B) Report.--Not later than January 1, 2013, the 
        Comptroller General shall submit to the Committees on Ways and 
        Means and Energy and Commerce of the House of Representatives 
        and the Committee on Finance of the Senate a report on the 
        study conducted under this paragraph. Such report shall include 
        an assessment of the applicability of the payer initiatives 
        described in subparagraph (A) to the Medicare program and 
        recommendations on modifications to existing Medicare 
        performance-based initiatives.
SEC. 3004. WORK GEOGRAPHIC ADJUSTMENT.
    (a) In General.--Section 1848(e)(1)(E) of the Social Security Act 
(42 U.S.C. 1395w-4(e)(1)(E)), as amended by section 303 of the 
Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112-78), 
is amended by striking ``before March 1, 2012'' and inserting ``before 
January 1, 2013''.
    (b) Report.--Not later than June 15, 2013, the Medicare Payment 
Advisory Commission shall submit to the Committees on Ways and Means 
and Energy and Commerce of the House of Representatives and the 
Committee on Finance of the Senate a report that assesses whether any 
adjustment under section 1848 of the Social Security Act (42 U.S.C. 
1395w-4) to distinguish the difference in work effort by geographic 
area is appropriate and, if so, what that level should be and where it 
should be applied. The report shall also assess the impact of the work 
geographic adjustment under such section, including the extent to which 
the floor on such adjustment impacts access to care.
SEC. 3005. PAYMENT FOR OUTPATIENT THERAPY SERVICES.
    (a) Application of Additional Requirements.--Section 1833(g)(5) of 
the Social Security Act (42 U.S.C. 1395l(g)(5)), as amended by section 
304 of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public 
Law 112-78), is amended--
        (1) by inserting ``(A)'' after ``(5)'';
        (2) in the first sentence, by striking ``February 29, 2012'' 
    and inserting ``December 31, 2012'';
        (3) in the first sentence, by inserting ``and if the 
    requirement of subparagraph (B) is met'' after ``medically 
    necessary'';
        (4) in the second sentence, by inserting ``made in accordance 
    with such requirement'' after ``receipt of the request''; and
        (5) by adding at the end the following new subparagraphs:
    ``(B) In the case of outpatient therapy services for which an 
exception is requested under the first sentence of subparagraph (A), 
the claim for such services shall contain an appropriate modifier (such 
as the KX modifier used as of the date of the enactment of this 
subparagraph) indicating that such services are medically necessary as 
justified by appropriate documentation in the medical record involved.
    ``(C)(i) In applying this paragraph with respect to a request for 
an exception with respect to expenses that would be incurred for 
outpatient therapy services (including services described in subsection 
(a)(8)(B)) that would exceed the threshold described in clause (ii) for 
a year, the request for such an exception, for services furnished on or 
after October 1, 2012, shall be subject to a manual medical review 
process that is similar to the manual medical review process used for 
certain exceptions under this paragraph in 2006.
    ``(ii) The threshold under this clause for a year is $3,700. Such 
threshold shall be applied separately--
        ``(I) for physical therapy services and speech-language 
    pathology services; and
        ``(II) for occupational therapy services.''.
    (b) Temporary Application of Therapy Cap to Therapy Furnished as 
Part of Hospital Outpatient Services.--Section 1833(g) of such Act (42 
U.S.C. 1395l(g)) is amended--
        (1) in each of paragraphs (1) and (3), by striking ``but not 
    described in section 1833(a)(8)(B)'' and inserting ``but (except as 
    provided in paragraph (6)) not described in subsection (a)(8)(B)''; 
    and
        (2) by adding at the end the following new paragraph:
    ``(6) In applying paragraphs (1) and (3) to services furnished 
during the period beginning not later than October 1, 2012, and ending 
on December 31, 2012, the exclusion of services described in subsection 
(a)(8)(B) from the uniform dollar limitation specified in paragraph (2) 
shall not apply to such services furnished during 2012.''.
    (c) Requirement for Inclusion on Claims of NPI of Physician Who 
Reviews Therapy Plan.--Section 1842(t) of such Act (42 U.S.C. 1395u(t)) 
is amended--
        (1) by inserting ``(1)'' after ``(t)''; and
        (2) by adding at the end the following new paragraph:
    ``(2) Each request for payment, or bill submitted, for therapy 
services described in paragraph (1) or (3) of section 1833(g), 
including services described in section 1833(a)(8)(B), furnished on or 
after October 1, 2012, for which payment may be made under this part 
shall include the national provider identifier of the physician who 
periodically reviews the plan for such services under section 
1861(p)(2).''.
    (d) Implementation.--The Secretary of Health and Human Services 
shall implement such claims processing edits and issue such guidance as 
may be necessary to implement the amendments made by this section in a 
timely manner. Notwithstanding any other provision of law, the 
Secretary may implement the amendments made by this section by program 
instruction. Of the amount of funds made available to the Secretary for 
fiscal year 2012 for program management for the Centers for Medicare & 
Medicaid Services, not to exceed $9,375,000 shall be available for such 
fiscal year and the first 3 months of fiscal year 2013 to carry out 
section 1833(g)(5)(C) of the Social Security Act (relating to manual 
medical review), as added by subsection (a).
    (e) Effective Date.--The requirement of subparagraph (B) of section 
1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)), as added 
by subsection (a), shall apply to services furnished on or after March 
1, 2012.
    (f) MedPAC Report on Improved Medicare Therapy Benefits.--Not later 
than June 15, 2013, the Medicare Payment Advisory Commission shall 
submit to the Committees on Energy and Commerce and Ways and Means of 
the House of Representatives and to the Committee on Finance of the 
Senate a report making recommendations on how to improve the outpatient 
therapy benefit under part B of title XVIII of the Social Security Act. 
The report shall include recommendations on how to reform the payment 
system for such outpatient therapy services under such part so that the 
benefit is better designed to reflect individual acuity, condition, and 
therapy needs of the patient. Such report shall include an examination 
of private sector initiatives relating to outpatient therapy benefits.
    (g) Collection of Additional Data.--
        (1) Strategy.--The Secretary of Health and Human Services shall 
    implement, beginning on January 1, 2013, a claims-based data 
    collection strategy that is designed to assist in reforming the 
    Medicare payment system for outpatient therapy services subject to 
    the limitations of section 1833(g) of the Social Security Act (42 
    U.S.C. 1395l(g)). Such strategy shall be designed to provide for 
    the collection of data on patient function during the course of 
    therapy services in order to better understand patient condition 
    and outcomes.
        (2) Consultation.--In proposing and implementing such strategy, 
    the Secretary shall consult with relevant stakeholders.
    (h) GAO Report on Manual Medical Review Process Implementation.--
Not later than May 1, 2013, the Comptroller General of the United 
States shall submit to the Committees on Energy and Commerce and Ways 
and Means of the House of Representatives and to the Committee on 
Finance of the Senate a report on the implementation of the manual 
medical review process referred to in section 1833(g)(5)(C) of the 
Social Security Act, as added by subsection (a). Such report shall 
include aggregate data on the number of individuals and claims subject 
to such process, the number of reviews conducted under such process, 
and the outcome of such reviews.
SEC. 3006. PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN PHYSICIAN 
PATHOLOGY SERVICES.
    Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits 
Improvement and Protection Act of 2000 (as enacted into law by section 
1(a)(6) of Public Law 106-554), as amended by section 732 of the 
Medicare Prescription Drug, Improvement, and Modernization Act of 2003 
(42 U.S.C. 1395w-4 note), section 104 of division B of the Tax Relief 
and Health Care Act of 2006 (42 U.S.C. 1395w-4 note), section 104 of 
the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 
110-173), section 136 of the Medicare Improvements for Patients and 
Providers Act of 2008 (Public Law 110-275), section 3104 of the Patient 
Protection and Affordable Care Act (Public Law 111-148), section 105 of 
the Medicare and Medicaid Extenders Act of 2010 (Public Law 111-309), 
and section 305 of the Temporary Payroll Tax Cut Continuation Act of 
2011 (Public Law 112-78), is amended by striking ``and the first two 
months of 2012'' and inserting ``and the first six months of 2012''.
SEC. 3007. AMBULANCE ADD-ON PAYMENTS.
    (a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social 
Security Act (42 U.S.C. 1395m(l)(13)(A)), as amended by section 306(a) 
of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 
112-78), is amended--
        (1) in the matter preceding clause (i), by striking ``March 1, 
    2012'' and inserting ``January 1, 2013''; and
        (2) in each of clauses (i) and (ii), by striking ``March 1, 
    2012'' and inserting ``January 1, 2013'' each place it appears.
    (b) Air Ambulance.--Section 146(b)(1) of the Medicare Improvements 
for Patients and Providers Act of 2008 (Public Law 110-275), as amended 
by sections 3105(b) and 10311(b) of the Patient Protection and 
Affordable Care Act (Public Law 111-148), section 106(b) of the 
Medicare and Medicaid Extenders Act of 2010 (Public Law 111-309) and 
section 306(b) of the Temporary Payroll Tax Cut Continuation Act of 
2011 (Public Law 112-78), is amended by striking ``February 29, 2012'' 
and inserting ``December 31, 2012''.
    (c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the Social 
Security Act (42 U.S.C. 1395m(l)(12)(A)), as amended by section 306(c) 
of Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112-
78), is amended in the first sentence by striking ``March 1, 2012'' and 
inserting ``January 1, 2013''.
    (d) GAO Report Update.--Not later than October 1, 2012, the 
Comptroller General of the United States shall update the GAO report 
GAO-07-383 (relating to Ambulance Providers: Costs and Expected 
Medicare Margins Vary Greatly) to reflect current costs for ambulance 
providers.
    (e) MedPAC Report.--The Medicare Payment Advisory Commission shall 
conduct a study of--
        (1) the appropriateness of the add-on payments for ambulance 
    providers under paragraphs (12)(A) and (13)(A) of section 1834(l) 
    of the Social Security Act (42 U.S.C. 1395m(l)) and the treatment 
    of air ambulance providers under section 146(b)(1) of the Medicare 
    Improvements for Patients and Providers Act of 2008 (Public Law 
    110-275);
        (2) the effect these add-on payments and such treatment have on 
    the Medicare margins of ambulance providers; and
        (3) whether there is a need to reform the Medicare ambulance 
    fee schedule under such section and, if so, what should such 
    reforms be, including whether the add-on payments should be 
    included in the base rate.
Not later than June 15, 2013, the Commission shall submit to the 
Committees on Ways and Means and Energy and Commerce of the House of 
Representatives and the Committee on Finance of the Senate a report on 
such study and shall include in the report such recommendations as the 
Commission deems appropriate.

                  Subtitle B--Other Health Provisions

SEC. 3101. QUALIFYING INDIVIDUAL PROGRAM.
    (a) Extension.--Section 1902(a)(10)(E)(iv) of the Social Security 
Act (42 U.S.C. 1396a(a)(10)(E)(iv)), as amended by section 310(a) of 
the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112-
78), is amended by striking ``February'' and inserting ``December''.
    (b) Extending Total Amount Available for Allocation.--Section 
1933(g) of such Act (42 U.S.C. 1396u-3(g)), as amended by section 
310(b) of the Temporary Payroll Tax Cut Continuation Act of 2011 
(Public Law 112-78), is amended--
        (1) in paragraph (2)--
            (A) in subparagraph (P), by striking ``and'' after the 
        semicolon;
            (B) in subparagraph (Q), by striking ``February 29, 2012, 
        the total allocation amount is $150,000,000.'' and inserting 
        ``September 30, 2012, the total allocation amount is 
        $450,000,000; and''; and
            (C) by adding at the end the following new subparagraph:
            ``(R) for the period that begins on October 1, 2012, and 
        ends on December 31, 2012, the total allocation amount is 
        $280,000,000.''; and
        (2) in paragraph (3), in the matter preceding subparagraph (A), 
    by striking ``or (P)'' and inserting ``(P), or (R)''.
SEC. 3102. TRANSITIONAL MEDICAL ASSISTANCE.
    Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act (42 
U.S.C. 1396a(e)(1)(B), 1396r-6(f)), as amended by section 311 of the 
Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112-78), 
are each amended by striking ``February 29'' and inserting ``December 
31''.

                       Subtitle C--Health Offsets

SEC. 3201. REDUCTION OF BAD DEBT TREATED AS AN ALLOWABLE COST.
    (a) Hospitals.--Section 1861(v)(1)(T) of the Social Security Act 
(42 U.S.C. 1395x(v)(1)(T)) is amended--
        (1) in clause (iii), by striking ``and'' at the end;
        (2) in clause (iv)--
            (A) by striking ``a subsequent fiscal year'' and inserting 
        ``fiscal years 2001 through 2012''; and
            (B) by striking the period at the end and inserting ``, 
        and''; and
        (3) by adding at the end the following:
        ``(v) for cost reporting periods beginning during fiscal year 
    2013 or a subsequent fiscal year, by 35 percent of such amount 
    otherwise allowable.''.
    (b) Skilled Nursing Facilities.--Section 1861(v)(1)(V) of such Act 
(42 U.S.C. 1395x(v)(1)(V)) is amended--
        (1) in the matter preceding clause (i), by striking ``with 
    respect to cost reporting periods beginning on or after October 1, 
    2005'' and inserting ``and (beginning with respect to cost 
    reporting periods beginning during fiscal year 2013) for covered 
    skilled nursing services described in section 1888(e)(2)(A) 
    furnished by hospital providers of extended care services (as 
    described in section 1883)'';
        (2) in clause (i), by striking ``reduced by'' and all that 
    follows through ``allowable; and'' and inserting the following: 
    ``reduced by--
        ``(I) for cost reporting periods beginning on or after October 
    1, 2005, but before fiscal year 2013, 30 percent of such amount 
    otherwise allowable; and
        ``(II) for cost reporting periods beginning during fiscal year 
    2013 or a subsequent fiscal year, by 35 percent of such amount 
    otherwise allowable.''; and
        (3) in clause (ii), by striking ``such section shall not be 
    reduced.'' and inserting ``such section--
        ``(I) for cost reporting periods beginning on or after October 
    1, 2005, but before fiscal year 2013, shall not be reduced;
        ``(II) for cost reporting periods beginning during fiscal year 
    2013, shall be reduced by 12 percent of such amount otherwise 
    allowable;
        ``(III) for cost reporting periods beginning during fiscal year 
    2014, shall be reduced by 24 percent of such amount otherwise 
    allowable; and
        ``(IV) for cost reporting periods beginning during a subsequent 
    fiscal year, shall be reduced by 35 percent of such amount 
    otherwise allowable.''.
    (c) Certain Other Providers.--Section 1861(v)(1) of such Act (42 
U.S.C. 1395x(v)(1)) is amended by adding at the end the following new 
subparagraph:
    ``(W)(i) In determining such reasonable costs for providers 
described in clause (ii), the amount of bad debts otherwise treated as 
allowable costs which are attributable to deductibles and coinsurance 
amounts under this title shall be reduced--
        ``(I) for cost reporting periods beginning during fiscal year 
    2013, by 12 percent of such amount otherwise allowable;
        ``(II) for cost reporting periods beginning during fiscal year 
    2014, by 24 percent of such amount otherwise allowable; and
        ``(III) for cost reporting periods beginning during a 
    subsequent fiscal year, by 35 percent of such amount otherwise 
    allowable.
    ``(ii) A provider described in this clause is a provider of 
services not described in subparagraph (T) or (V), a supplier, or any 
other type of entity that receives payment for bad debts under the 
authority under subparagraph (A).''.
    (d) Conforming Amendment for Hospital Services.--Section 4008(c) of 
the Omnibus Budget Reconciliation Act of 1987 (42 U.S.C. 1395 note), as 
amended by section 8402 of the Technical and Miscellaneous Revenue Act 
of 1988 and section 6023 of the Omnibus Budget Reconciliation Act of 
1989, is amended by adding at the end the following new sentence: 
``Effective for cost reporting periods beginning on or after October 1, 
2012, the provisions of the previous two sentences shall not apply.''.
SEC. 3202. REBASE MEDICARE CLINICAL LABORATORY PAYMENT RATES.
    Section 1833(h)(2)(A) of the Social Security Act (42 U.S.C. 
1395l(h)(2)(A)) is amended--
        (1) in clause (i), by striking ``paragraph (4)'' and inserting 
    ``clause (v), subparagraph (B), and paragraph (4)'';
        (2) by moving clause (iv), subclauses (I) and (II) of such 
    clause, and the flush matter at the end of such clause 6 ems to the 
    left; and
        (3) by adding at the end the following new clause:
    ``(v) The Secretary shall reduce by 2 percent the fee schedules 
otherwise determined under clause (i) for 2013, and such reduced fee 
schedules shall serve as the base for 2014 and subsequent years.''.
SEC. 3203. REBASING STATE DSH ALLOTMENTS FOR FISCAL YEAR 2021.
    Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)) 
is amended--
        (1) by redesignating paragraph (8) as paragraph (9);
        (2) in paragraph (3)(A) by striking ``paragraphs (6) and (7)'' 
    and inserting ``paragraphs (6), (7), and (8)''; and
        (3) by inserting after paragraph (7) the following new 
    paragraph:
        ``(8) Rebasing of state dsh allotments for fiscal year 2021.--
    With respect to fiscal year 2021, for purposes of applying 
    paragraph (3)(A) to determine the DSH allotment for a State, the 
    amount of the DSH allotment for the State under paragraph (3) for 
    fiscal year 2020 shall be equal to the DSH allotment as reduced 
    under paragraph (7).''.
SEC. 3204. TECHNICAL CORRECTION TO THE DISASTER RECOVERY FMAP 
PROVISION.
    (a) In General.--Section 1905(aa) of the Social Security Act (42 
U.S.C. 1396d(aa)) is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A), by striking ``the Federal medical 
        assistance percentage determined for the fiscal year'' and all 
        that follows through the period and inserting ``the State's 
        regular FMAP shall be increased by 50 percent of the number of 
        percentage points by which the State's regular FMAP for such 
        fiscal year is less than the Federal medical assistance 
        percentage determined for the State for the preceding fiscal 
        year after the application of only subsection (a) of section 
        5001 of Public Law 111-5 (if applicable to the preceding fiscal 
        year) and without regard to this subsection, subsections (y) 
        and (z), and subsections (b) and (c) of section 5001 of Public 
        Law 111-5.''; and
            (B) in subparagraph (B), by striking ``Federal medical 
        assistance percentage determined for the preceding fiscal 
        year'' and all that follows through the period and inserting 
        ``State's regular FMAP for such fiscal year shall be increased 
        by 25 percent of the number of percentage points by which the 
        State's regular FMAP for such fiscal year is less than the 
        Federal medical assistance percentage received by the State 
        during the preceding fiscal year.'';
        (2) in paragraph (2)--
            (A) in subparagraph (A)--
                (i) by striking ``Federal medical assistance percentage 
            determined for the State for the fiscal year'' and all that 
            follows through ``Act,'' and inserting ``State's regular 
            FMAP for the fiscal year''; and
                (ii) by striking ``subsection (y)'' and inserting 
            ``subsections (y) and (z)''; and
            (B) in subparagraph (B), by striking ``Federal medical 
        assistance percentage determined for the State for the fiscal 
        year'' and all that follows through ``Act,'' and inserting 
        ``State's regular FMAP for the fiscal year'';
        (3) by redesignating paragraph (3) as paragraph (4); and
        (4) by inserting after paragraph (2) the following:
    ``(3) In this subsection, the term `regular FMAP' means, for each 
fiscal year for which this subsection applies to a State, the Federal 
medical assistance percentage that would otherwise apply to the State 
for the fiscal year, as determined under subsection (b) and without 
regard to this subsection, subsections (y) and (z), and section 10202 
of the Patient Protection and Affordable Care Act.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect on October 1, 2013.
SEC. 3205. PREVENTION AND PUBLIC HEALTH FUND.
    Section 4002(b) of the Patient Protection and Affordable Care Act 
(42 U.S.C. 300u-11(b)) is amended by striking paragraphs (2) through 
(6) and inserting the following:
        ``(2) for each of fiscal years 2012 through 2017, 
    $1,000,000,000;
        ``(3) for each of fiscal years 2018 and 2019, $1,250,000,000;
        ``(4) for each of fiscal years 2020 and 2021, $1,500,000,000; 
    and
        ``(5) for fiscal year 2022, and each fiscal year thereafter, 
    $2,000,000,000.''.

                        TITLE IV--TANF EXTENSION

SEC. 4001. SHORT TITLE.
    This title may be cited as the ``Welfare Integrity and Data 
Improvement Act''.
SEC. 4002. EXTENSION OF PROGRAM.
    (a) Family Assistance Grants.--Section 403(a)(1) of the Social 
Security Act (42 U.S.C. 603(a)(1)) is amended--
        (1) in subparagraph (A), by striking ``each of fiscal years 
    1996'' and all that follows through ``2003'' and inserting ``fiscal 
    year 2012'';
        (2) in subparagraph (B)--
            (A) by inserting ``(as in effect just before the enactment 
        of the Welfare Integrity and Data Improvement Act)'' after 
        ``this paragraph'' the first place it appears; and
            (B) by inserting ``(as so in effect)'' after ``this 
        paragraph'' the second place it appears; and
        (3) in subparagraph (C), by striking ``2003'' and inserting 
    ``2012''.
    (b) Healthy Marriage Promotion and Responsible Fatherhood Grants.--
Section 403(a)(2)(D) of such Act (42 U.S.C. 603(a)(2)(D)) is amended by 
striking ``2011'' each place it appears and inserting ``2012''.
    (c) Maintenance of Effort Requirement.--Section 409(a)(7) of such 
Act (42 U.S.C. 609(a)(7)) is amended--
        (1) in subparagraph (A), by striking ``fiscal year'' and all 
    that follows through ``2013'' and inserting ``a fiscal year''; and
        (2) in subparagraph (B)(ii)--
            (A) by striking ``for fiscal years 1997 through 2012,''; 
        and
            (B) by striking ``407(a) for the fiscal year,'' and 
        inserting ``407(a),''.
    (d) Tribal Grants.--Section 412(a) of such Act (42 U.S.C. 612(a)) 
is amended in each of paragraphs (1)(A) and (2)(A) by striking ``each 
of fiscal years 1997'' and all that follows through ``2003'' and 
inserting ``fiscal year 2012''.
    (e) Studies and Demonstrations.--Section 413(h)(1) of such Act (42 
U.S.C. 613(h)(1)) is amended by striking ``each of fiscal years 1997 
through 2002'' and inserting ``fiscal year 2012''.
    (f) Census Bureau Study.--Section 414(b) of such Act (42 U.S.C. 
614(b)) is amended by striking ``each of fiscal years 1996'' and all 
that follows through ``2003'' and inserting ``fiscal year 2012''.
    (g) Child Care Entitlement.--Section 418(a)(3) of such Act (42 
U.S.C. 618(a)(3)) is amended by striking ``appropriated'' and all that 
follows and inserting ``appropriated $2,917,000,000 for fiscal year 
2012.''.
    (h) Grants to Territories.--Section 1108(b)(2) of such Act (42 
U.S.C. 1308(b)(2)) is amended by striking ``fiscal years 1997 through 
2003'' and inserting ``fiscal year 2012''.
    (i) Prevention of Duplicate Appropriations for Fiscal Year 2012.--
Expenditures made pursuant to the Short-Term TANF Extension Act (Public 
Law 112-35) and the Temporary Payroll Tax Cut Continuation Act of 2011 
(Public Law 112-78) for fiscal year 2012 shall be charged to the 
applicable appropriation or authorization provided by the amendments 
made by this section for such fiscal year.
    (j) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of the enactment of this Act.
SEC. 4003. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.
    (a) In General.--Section 411 of the Social Security Act (42 U.S.C. 
611) is amended by adding at the end the following:
    ``(d) Data Exchange Standardization for Improved 
Interoperability.--
        ``(1) Data exchange standards.--
            ``(A) Designation.--The Secretary, in consultation with an 
        interagency work group which shall be established by the Office 
        of Management and Budget, and considering State and tribal 
        perspectives, shall, by rule, designate a data exchange 
        standard for any category of information required to be 
        reported under this part.
            ``(B) Data exchange standards must be nonproprietary and 
        interoperable.--The data exchange standard designated under 
        subparagraph (A) shall, to the extent practicable, be 
        nonproprietary and interoperable.
            ``(C) Other requirements.--In designating data exchange 
        standards under this section, the Secretary shall, to the 
        extent practicable, incorporate--
                ``(i) interoperable standards developed and maintained 
            by an international voluntary consensus standards body, as 
            defined by the Office of Management and Budget, such as the 
            International Organization for Standardization;
                ``(ii) interoperable standards developed and maintained 
            by intergovernmental partnerships, such as the National 
            Information Exchange Model; and
                ``(iii) interoperable standards developed and 
            maintained by Federal entities with authority over 
            contracting and financial assistance, such as the Federal 
            Acquisition Regulatory Council.
        ``(2) Data exchange standards for reporting.--
            ``(A) Designation.--The Secretary, in consultation with an 
        interagency work group established by the Office of Management 
        and Budget, and considering State and tribal perspectives, 
        shall, by rule, designate data exchange standards to govern the 
        data reporting required under this part.
            ``(B) Requirements.--The data exchange standards required 
        by subparagraph (A) shall, to the extent practicable--
                ``(i) incorporate a widely-accepted, nonproprietary, 
            searchable, computer-readable format;
                ``(ii) be consistent with and implement applicable 
            accounting principles; and
                ``(iii) be capable of being continually upgraded as 
            necessary.
            ``(C) Incorporation of nonproprietary standards.--In 
        designating reporting standards under this paragraph, the 
        Secretary shall, to the extent practicable, incorporate 
        existing nonproprietary standards, such as the eXtensible 
        Markup Language.''.
    (b) Effective Dates.--
        (1) Data exchange standards.--The Secretary of Health and Human 
    Services shall issue a proposed rule under section 411(d)(1) of the 
    Social Security Act within 12 months after the date of the 
    enactment of this section, and shall issue a final rule under such 
    section 411(d)(1), after public comment, within 24 months after 
    such date of enactment.
        (2) Data reporting standards.--The reporting standards required 
    under section 411(d)(2) of such Act shall become effective with 
    respect to reports required in the first reporting period, after 
    the effective date of the final rule referred to in paragraph (1) 
    of this subsection, for which the authority for data collection and 
    reporting is established or renewed under the Paperwork Reduction 
    Act.
SEC. 4004. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF PROGRAMS.
    (a) State Requirement.--Section 408(a) of the Social Security Act 
(42 U.S.C. 608(a)) is amended by adding at the end the following:
        ``(12) State requirement to prevent unauthorized spending of 
    benefits.--
            ``(A) In general.--A State to which a grant is made under 
        section 403 shall maintain policies and practices as necessary 
        to prevent assistance provided under the State program funded 
        under this part from being used in any electronic benefit 
        transfer transaction in--
                ``(i) any liquor store;
                ``(ii) any casino, gambling casino, or gaming 
            establishment; or
                ``(iii) any retail establishment which provides adult-
            oriented entertainment in which performers disrobe or 
            perform in an unclothed state for entertainment.
            ``(B) Definitions.--For purposes of subparagraph (A)--
                ``(i) Liquor store.--The term `liquor store' means any 
            retail establishment which sells exclusively or primarily 
            intoxicating liquor. Such term does not include a grocery 
            store which sells both intoxicating liquor and groceries 
            including staple foods (within the meaning of section 3(r) 
            of the Food and Nutrition Act of 2008 (7 U.S.C. 2012(r))).
                ``(ii) Casino, gambling casino, or gaming 
            establishment.--The terms `casino', `gambling casino', and 
            `gaming establishment' do not include--

                    ``(I) a grocery store which sells groceries 
                including such staple foods and which also offers, or 
                is located within the same building or complex as, 
                casino, gambling, or gaming activities; or
                    ``(II) any other establishment that offers casino, 
                gambling, or gaming activities incidental to the 
                principal purpose of the business.

                ``(iii) Electronic benefit transfer transaction.--The 
            term `electronic benefit transfer transaction' means the 
            use of a credit or debit card service, automated teller 
            machine, point-of-sale terminal, or access to an online 
            system for the withdrawal of funds or the processing of a 
            payment for merchandise or a service.''.
    (b) Penalty.--Section 409(a) of such Act (42 U.S.C. 609(a)) is 
amended by adding at the end the following:
        ``(16) Penalty for failure to enforce spending policies.--
            ``(A) In general.--If, within 2 years after the date of the 
        enactment of this paragraph, any State has not reported to the 
        Secretary on such State's implementation of the policies and 
        practices required by section 408(a)(12), or the Secretary 
        determines, based on the information provided in State reports, 
        that any State has not implemented and maintained such policies 
        and practices, the Secretary shall reduce, by an amount equal 
        to 5 percent of the State family assistance grant, the grant 
        payable to such State under section 403(a)(1) for--
                ``(i) the fiscal year immediately succeeding the year 
            in which such 2-year period ends; and
                ``(ii) each succeeding fiscal year in which the State 
            does not demonstrate that such State has implemented and 
            maintained such policies and practices.
            ``(B) Reduction of applicable penalty.--The Secretary may 
        reduce the amount of the reduction required under subparagraph 
        (A) based on the degree of noncompliance of the State.
            ``(C) State not responsible for individual violations.--
        Fraudulent activity by any individual in an attempt to 
        circumvent the policies and practices required by section 
        408(a)(12) shall not trigger a State penalty under subparagraph 
        (A).''.
    (c) Additional State Plan Requirements.--Section 402(a)(1)(A) of 
such Act (42 U.S.C. 602(a)(1)(A)) is amended by adding at the end the 
following:
                ``(vii) Implement policies and procedures as necessary 
            to prevent access to assistance provided under the State 
            program funded under this part through any electronic fund 
            transaction in an automated teller machine or point-of-sale 
            device located in a place described in section 408(a)(12), 
            including a plan to ensure that recipients of the 
            assistance have adequate access to their cash assistance.
                ``(viii) Ensure that recipients of assistance provided 
            under the State program funded under this part have access 
            to using or withdrawing assistance with minimal fees or 
            charges, including an opportunity to access assistance with 
            no fee or charges, and are provided information on 
            applicable fees and surcharges that apply to electronic 
            fund transactions involving the assistance, and that such 
            information is made publicly available.''.
    (d) Conforming Amendment.--Section 409(c)(4) of such Act (42 U.S.C. 
609(c)(4)) is amended by striking ``or (13)'' and inserting ``(13), or 
(16)''.
SEC. 4005. TECHNICAL CORRECTIONS.
    (a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C. 
604(d)(1)(A)) is amended by striking ``subtitle 1 of Title'' and 
inserting ``Subtitle A of title''.
    (b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42 
U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking 
``403(b)(6)'' and inserting ``403(b)(5)''.
    (c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) is 
amended by moving clauses (i) and (ii) 2 ems to the right.
    (d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended 
by inserting a comma after ``appropriate''.
    (e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. 
611(a)(1)(A)(ii)(III)) is amended by striking the last close 
parenthesis.

                 TITLE V--FEDERAL EMPLOYEES RETIREMENT

SEC. 5001. INCREASE IN CONTRIBUTIONS TO FEDERAL EMPLOYEES' RETIREMENT 
SYSTEM FOR NEW EMPLOYEES.
    (a) Definitions.--Section 8401 of title 5, United States Code, is 
amended--
        (1) in paragraph (35), by striking ``and'' at the end;
        (2) in paragraph (36), by striking the period and inserting ``; 
    and''; and
        (3) by adding at the end the following:
        ``(37) the term `revised annuity employee' means any individual 
    who--
            ``(A) on December 31, 2012--
                ``(i) is not an employee or Member covered under this 
            chapter;
                ``(ii) is not performing civilian service which is 
            creditable service under section 8411; and
                ``(iii) has less than 5 years of creditable civilian 
            service under section 8411; and
            ``(B) after December 31, 2012, becomes employed as an 
        employee or becomes a Member covered under this chapter 
        performing service which is creditable service under section 
        8411.''.
    (b) Increase in Contributions.--Section 8422(a)(3) of title 5, 
United States Code, is amended--
        (1) by striking ``The applicable percentage under this 
    paragraph for civilian service'' and inserting ``(A) The applicable 
    percentage under this paragraph for civilian service by employees 
    or Members other than revised annuity employees''; and
        (2) by adding at the end the following:
    ``(B) The applicable percentage under this paragraph for civilian 
service by revised annuity employees shall be as follows:

 
 
------------------------------------------------------------------------
``Employee                            9.3   After December 31, 2012.
Congressional employee                9.3   After December 31, 2012.
Member                                9.3   After December 31, 2012.
Law enforcement officer,              9.8   After December 31, 2012.
 firefighter, member of the
 Capitol Police, member of
 the Supreme Court Police,
 or air traffic controller
Nuclear materials courier             9.8   After December 31, 2012.
Customs and border                    9.8   After December 31, 2012.''.
 protection officer
------------------------------------------------------------------------


''.    (c) Reduction in Congressional Annuities.--
        (1) In general.--Section 8415 of title 5, United States Code, 
    is amended--
            (A) by redesignating subsections (d) through (m) as 
        subsections (e) through (n), respectively; and
            (B) by inserting after subsection (c) the following:
    ``(d) Notwithstanding any other provision of law, the annuity of an 
individual described in subsection (b) or (c) who is a revised annuity 
employee shall be computed in the same manner as in the case of an 
individual described in subsection (a).''.
        (2) Technical and conforming amendments.--
            (A) Section 8422(d)(2) of title 5, United States Code, is 
        amended by striking ``section 8415(l)'' and inserting ``section 
        8415(m)''.
            (B) Section 8452(d)(1) of title 5, United States Code, is 
        amended by striking ``subsection (g)'' and inserting 
        ``subsection (h)''.
            (C) Section 8468(b)(1)(A) of title 5, United States Code, 
        is amended by striking ``section 8415(a) through (h)'' and 
        inserting ``section 8415(a) through (i)''.
            (D) Section 805(a)(2)(B) of the Foreign Service Act of 1980 
        (22 U.S.C. 4045(a)(2)(B)) is amended by striking ``section 
        8415(d)'' and inserting ``section 8415(e)''.
            (E) Section 806(a) of the Foreign Service Act of 1980 (22 
        U.S.C. 4046(a)) is amended by striking ``section 8415(d)'' each 
        place it appears and inserting ``section 8415(e)''.
            (F) Section 855(b) of the Foreign Service Act of 1980 (22 
        U.S.C. 4071d(b)) is amended--
                (i) in paragraph (2)(A), by striking ``section 
            8415(d)(1)'' and inserting ``section 8415(e)(1)''; and
                (ii) in paragraph (5), by striking ``section 
            8415(f)(1)'' and inserting ``section 8415(g)(1)''.
            (G) Section 303(b)(1) of the Central Intelligence Agency 
        Retirement Act (50 U.S.C. 2153(b)(1)) is amended by striking 
        ``section 8415(d)'' and inserting ``section 8415(e)''.
SEC. 5002. FOREIGN SERVICE PENSION SYSTEM.
    (a) Definition.--Section 852 of the Foreign Service Act of 1980 (22 
U.S.C. 4071a) is amended--
        (1) by redesignating paragraphs (7), (8), and (9) as paragraphs 
    (8), (9), and (10), respectively; and
        (2) by inserting after paragraph (6) the following:
        ``(7) the term `revised annuity participant' means any 
    individual who--
            ``(A) on December 31, 2012--
                ``(i) is not a participant;
                ``(ii) is not performing service which is creditable 
            service under section 854; and
                ``(iii) has less than 5 years creditable service under 
            section 854; and
            ``(B) after December 31, 2012, becomes a participant 
        performing service which is creditable service under section 
        854;''.
    (b) Deductions and Withholdings From Pay.--Section 856(a)(2) of the 
Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) is amended--
        (1) by striking ``The applicable percentage under this 
    subsection'' and inserting ``(A) The applicable percentage for a 
    participant other than a revised annuity participant''; and
        (2) by adding at the end the following:
    ``(B) The applicable percentage for a revised annuity participant 
shall be as follows:


``9.85..............................  After December 31, 2012''.
 


''.SEC. 5003. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY 
SYSTEM.
    Section 211(a) of the Central Intelligence Agency Retirement Act 
(50 U.S.C. 2021(a)) is amended--
        (1) by redesignating paragraph (3) as paragraph (4); and
        (2) by striking paragraphs (1) and (2) and inserting the 
    following:
        ``(1) Definition.--In this subsection, the term `revised 
    annuity participant' means an individual who--
            ``(A) on December 31, 2012--
                ``(i) is not a participant;
                ``(ii) is not performing qualifying service; and
                ``(iii) has less than 5 years of qualifying service; 
            and
            ``(B) after December 31, 2012, becomes a participant 
        performing qualifying service.
        ``(2) Contributions.--
            ``(A) In general.--Except as provided in subsection (d), 7 
        percent of the basic pay received by a participant other than a 
        revised annuity participant for any pay period shall be 
        deducted and withheld from the pay of that participant and 
        contributed to the fund.
            ``(B) Revised annuity participants.--Except as provided in 
        subsection (d), 9.3 percent of the basic pay received by a 
        revised annuity participant for any pay period shall be 
        deducted and withheld from the pay of that revised annuity 
        participant and contributed to the fund.
        ``(3) Agency contributions.--
            ``(A) In general.--An amount equal to 7 percent of the 
        basic pay received by a participant other than a revised 
        annuity participant shall be contributed to the fund for a pay 
        period for the participant from the appropriation or fund which 
        is used for payment of the participant's basic pay.
            ``(B) Revised annuity participants.--An amount equal to 4.7 
        percent of the basic pay received by a revised annuity 
        participant shall be contributed to the fund for a pay period 
        for the revised annuity participant from the appropriation or 
        fund which is used for payment of the revised annuity 
        participant's basic pay.''.

  TITLE VI--PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC SPECTRUM 
                                AUCTIONS

SEC. 6001. DEFINITIONS.
    In this title:
        (1) 700 mhz band.--The term ``700 MHz band'' means the portion 
    of the electromagnetic spectrum between the frequencies from 698 
    megahertz to 806 megahertz.
        (2) 700 mhz d block spectrum.--The term ``700 MHz D block 
    spectrum'' means the portion of the electromagnetic spectrum 
    between the frequencies from 758 megahertz to 763 megahertz and 
    between the frequencies from 788 megahertz to 793 megahertz.
        (3) Appropriate committees of congress.--Except as otherwise 
    specifically provided, the term ``appropriate committees of 
    Congress'' means--
            (A) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (B) the Committee on Energy and Commerce of the House of 
        Representatives.
        (4) Assistant secretary.--The term ``Assistant Secretary'' 
    means the Assistant Secretary of Commerce for Communications and 
    Information.
        (5) Board.--The term ``Board'' means the Board of the First 
    Responder Network Authority established under section 6204(b).
        (6) Broadcast television licensee.--The term ``broadcast 
    television licensee'' means the licensee of--
            (A) a full-power television station; or
            (B) a low-power television station that has been accorded 
        primary status as a Class A television licensee under section 
        73.6001(a) of title 47, Code of Federal Regulations.
        (7) Broadcast television spectrum.--The term ``broadcast 
    television spectrum'' means the portions of the electromagnetic 
    spectrum between the frequencies from 54 megahertz to 72 megahertz, 
    from 76 megahertz to 88 megahertz, from 174 megahertz to 216 
    megahertz, and from 470 megahertz to 698 megahertz.
        (8) Commercial mobile data service.--The term ``commercial 
    mobile data service'' means any mobile service (as defined in 
    section 3 of the Communications Act of 1934 (47 U.S.C. 153)) that 
    is--
            (A) a data service;
            (B) provided for profit; and
            (C) available to the public or such classes of eligible 
        users as to be effectively available to a substantial portion 
        of the public, as specified by regulation by the Commission.
        (9) Commercial mobile service.--The term ``commercial mobile 
    service'' has the meaning given such term in section 332 of the 
    Communications Act of 1934 (47 U.S.C. 332).
        (10) Commercial standards.--The term ``commercial standards'' 
    means the technical standards followed by the commercial mobile 
    service and commercial mobile data service industries for network, 
    device, and Internet Protocol connectivity. Such term includes 
    standards developed by the Third Generation Partnership Project 
    (3GPP), the Institute of Electrical and Electronics Engineers 
    (IEEE), the Alliance for Telecommunications Industry Solutions 
    (ATIS), the Internet Engineering Task Force (IETF), and the 
    International Telecommunication Union (ITU).
        (11) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.
        (12) Core network.--The term ``core network'' means the core 
    network described in section 6202(b)(1).
        (13) Emergency call.--The term ``emergency call'' means any 
    real-time communication with a public safety answering point or 
    other emergency management or response agency, including--
            (A) through voice, text, or video and related data; and
            (B) nonhuman-initiated automatic event alerts, such as 
        alarms, telematics, or sensor data, which may also include 
        real-time voice, text, or video communications.
        (14) Existing public safety broadband spectrum.--The term 
    ``existing public safety broadband spectrum'' means the portion of 
    the electromagnetic spectrum between the frequencies--
            (A) from 763 megahertz to 768 megahertz;
            (B) from 793 megahertz to 798 megahertz;
            (C) from 768 megahertz to 769 megahertz; and
            (D) from 798 megahertz to 799 megahertz.
        (15) First responder network authority.--The term ``First 
    Responder Network Authority'' means the First Responder Network 
    Authority established under section 6204.
        (16) Forward auction.--The term ``forward auction'' means the 
    portion of an incentive auction of broadcast television spectrum 
    under section 6403(c).
        (17) Incentive auction.--The term ``incentive auction'' means a 
    system of competitive bidding under subparagraph (G) of section 
    309(j)(8) of the Communications Act of 1934, as added by section 
    6402.
        (18) Interoperability board.--The term ``Interoperability 
    Board'' means the Technical Advisory Board for First Responder 
    Interoperability established under section 6203.
        (19) Multichannel video programming distributor.--The term 
    ``multichannel video programming distributor'' has the meaning 
    given such term in section 602 of the Communications Act of 1934 
    (47 U.S.C. 522).
        (20) Narrowband spectrum.--The term ``narrowband spectrum'' 
    means the portion of the electromagnetic spectrum between the 
    frequencies from 769 megahertz to 775 megahertz and between the 
    frequencies from 799 megahertz to 805 megahertz.
        (21) Nationwide public safety broadband network.--The term 
    ``nationwide public safety broadband network'' means the 
    nationwide, interoperable public safety broadband network described 
    in section 6202.
        (22) Next generation 9-1-1 services.--The term ``Next 
    Generation 9-1-1 services'' means an IP-based system comprised of 
    hardware, software, data, and operational policies and procedures 
    that--
            (A) provides standardized interfaces from emergency call 
        and message services to support emergency communications;
            (B) processes all types of emergency calls, including 
        voice, text, data, and multimedia information;
            (C) acquires and integrates additional emergency call data 
        useful to call routing and handling;
            (D) delivers the emergency calls, messages, and data to the 
        appropriate public safety answering point and other appropriate 
        emergency entities;
            (E) supports data or video communications needs for 
        coordinated incident response and management; and
            (F) provides broadband service to public safety answering 
        points or other first responder entities.
        (23) NIST.--The term ``NIST'' means the National Institute of 
    Standards and Technology.
        (24) NTIA.--The term ``NTIA'' means the National 
    Telecommunications and Information Administration.
        (25) Public safety answering point.--The term ``public safety 
    answering point'' has the meaning given such term in section 222 of 
    the Communications Act of 1934 (47 U.S.C. 222).
        (26) Public safety entity.--The term ``public safety entity'' 
    means an entity that provides public safety services.
        (27) Public safety services.--The term ``public safety 
    services''--
            (A) has the meaning given the term in section 337(f) of the 
        Communications Act of 1934 (47 U.S.C. 337(f)); and
            (B) includes services provided by emergency response 
        providers, as that term is defined in section 2 of the Homeland 
        Security Act of 2002 (6 U.S.C. 101).
        (28) Public safety trust fund.--The term ``Public Safety Trust 
    Fund'' means the trust fund established under section 6413(a)(1).
        (29) Radio access network.--The term ``radio access network'' 
    means the radio access network described in section 6202(b)(2).
        (30) Reverse auction.--The term ``reverse auction'' means the 
    portion of an incentive auction of broadcast television spectrum 
    under section 6403(a), in which a broadcast television licensee may 
    submit bids stating the amount it would accept for voluntarily 
    relinquishing some or all of its broadcast television spectrum 
    usage rights.
        (31) State.--The term ``State'' has the meaning given such term 
    in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
        (32) Ultra high frequency.--The term ``ultra high frequency'' 
    means, with respect to a television channel, that the channel is 
    located in the portion of the electromagnetic spectrum between the 
    frequencies from 470 megahertz to 698 megahertz.
        (33) Very high frequency.--The term ``very high frequency'' 
    means, with respect to a television channel, that the channel is 
    located in the portion of the electromagnetic spectrum between the 
    frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 
    88 megahertz, or from 174 megahertz to 216 megahertz.
SEC. 6002. RULE OF CONSTRUCTION.
    Each range of frequencies described in this title shall be 
construed to be inclusive of the upper and lower frequencies in the 
range.
SEC. 6003. ENFORCEMENT.
    (a) In General.--The Commission shall implement and enforce this 
title as if this title is a part of the Communications Act of 1934 (47 
U.S.C. 151 et seq.). A violation of this title, or a regulation 
promulgated under this title, shall be considered to be a violation of 
the Communications Act of 1934, or a regulation promulgated under such 
Act, respectively.
    (b) Exceptions.--
        (1) Other agencies.--Subsection (a) does not apply in the case 
    of a provision of this title that is expressly required to be 
    carried out by an agency (as defined in section 551 of title 5, 
    United States Code) other than the Commission.
        (2) NTIA regulations.--The Assistant Secretary may promulgate 
    such regulations as are necessary to implement and enforce any 
    provision of this title that is expressly required to be carried 
    out by the Assistant Secretary.
SEC. 6004. NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS AND AUCTION 
PARTICIPATION.
    (a) Use of Funds.--No funds made available by subtitle B or C may 
be used to make payments under a contract to a person described in 
subsection (c).
    (b) Auction Participation.--A person described in subsection (c) 
may not participate in a system of competitive bidding under section 
309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))--
        (1) that is required to be conducted by this title; or
        (2) in which any spectrum usage rights for which licenses are 
    being assigned were made available under clause (i) of subparagraph 
    (G) of paragraph (8) of such section, as added by section 6402.
    (c) Person Described.--A person described in this subsection is a 
person who has been, for reasons of national security, barred by any 
agency of the Federal Government from bidding on a contract, 
participating in an auction, or receiving a grant.

           Subtitle A--Reallocation of Public Safety Spectrum

SEC. 6101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY.
    (a) In General.--The Commission shall reallocate the 700 MHz D 
block spectrum for use by public safety entities in accordance with the 
provisions of this Act.
    (b) Spectrum Allocation.--Section 337(a) of the Communications Act 
of 1934 (47 U.S.C. 337(a)) is amended--
        (1) by striking ``24'' in paragraph (1) and inserting ``34''; 
    and
        (2) by striking ``36'' in paragraph (2) and inserting ``26''.
SEC. 6102. FLEXIBLE USE OF NARROWBAND SPECTRUM.
    The Commission may allow the narrowband spectrum to be used in a 
flexible manner, including usage for public safety broadband 
communications, subject to such technical and interference protection 
measures as the Commission may require.
SEC. 6103. 470-512 MHZ PUBLIC SAFETY SPECTRUM.
    (a) In General.--Not later than 9 years after the date of enactment 
of this title, the Commission shall--
        (1) reallocate the spectrum in the 470-512 MHz band (referred 
    to in this section as the ``T-Band spectrum'') currently used by 
    public safety eligibles as identified in section 90.303 of title 
    47, Code of Federal Regulations; and
        (2) begin a system of competitive bidding under section 309(j) 
    of the Communications Act of 1934 (47 U.S.C. 309(j)) to grant new 
    initial licenses for the use of the spectrum described in paragraph 
    (1).
    (b) Auction Proceeds.--Proceeds (including deposits and upfront 
payments from successful bidders) from the competitive bidding system 
described in subsection (a)(2) shall be available to the Assistant 
Secretary to make grants in such sums as necessary to cover relocation 
costs for the relocation of public safety entities from the T-Band 
spectrum.
    (c) Relocation.--Relocation shall be completed not later than 2 
years after the date on which the system of competitive bidding 
described in subsection (a)(2) is completed.

            Subtitle B--Governance of Public Safety Spectrum

SEC. 6201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LICENSEE.
    (a) Reallocation and Grant of License.--Notwithstanding any other 
provision of law, and subject to the provisions of this Act, the 
Commission shall reallocate and grant a license to the First Responder 
Network Authority for the use of the 700 MHz D block spectrum and 
existing public safety broadband spectrum.
    (b) Term of License.--
        (1) Initial license.--The license granted under subsection (a) 
    shall be for an initial term of 10 years from the date of the 
    initial issuance of the license.
        (2) Renewal of license.--Prior to expiration of the term of the 
    initial license granted under subsection (a) or the expiration of 
    any subsequent renewal of such license, the First Responder Network 
    Authority shall submit to the Commission an application for the 
    renewal of such license. Such renewal application shall demonstrate 
    that, during the preceding license term, the First Responder 
    Network Authority has met the duties and obligations set forth 
    under this Act. A renewal license granted under this paragraph 
    shall be for a term of not to exceed 10 years.
    (c) Facilitation of Transition.--The Commission shall take all 
actions necessary to facilitate the transition of the existing public 
safety broadband spectrum to the First Responder Network Authority.
SEC. 6202. PUBLIC SAFETY BROADBAND NETWORK.
    (a) Establishment.--The First Responder Network Authority shall 
ensure the establishment of a nationwide, interoperable public safety 
broadband network.
    (b) Network Components.--The nationwide public safety broadband 
network shall be based on a single, national network architecture that 
evolves with technological advancements and initially consists of--
        (1) a core network that--
            (A) consists of national and regional data centers, and 
        other elements and functions that may be distributed 
        geographically, all of which shall be based on commercial 
        standards; and
            (B) provides the connectivity between--
                (i) the radio access network; and
                (ii) the public Internet or the public switched 
            network, or both; and
        (2) a radio access network that--
            (A) consists of all cell site equipment, antennas, and 
        backhaul equipment, based on commercial standards, that are 
        required to enable wireless communications with devices using 
        the public safety broadband spectrum; and
            (B) shall be developed, constructed, managed, maintained, 
        and operated taking into account the plans developed in the 
        State, local, and tribal planning and implementation grant 
        program under section 6302(a).
SEC. 6203. PUBLIC SAFETY INTEROPERABILITY BOARD.
    (a) Establishment.--There is established within the Commission an 
advisory board to be known as the ``Technical Advisory Board for First 
Responder Interoperability''.
    (b) Membership.--
        (1) In general.--
            (A) Voting members.--Not later than 30 days after the date 
        of enactment of this title, the Chairman of the Commission 
        shall appoint 14 voting members to the Interoperability Board, 
        of which--
                (i) 4 members shall be representatives of wireless 
            providers, of which--

                    (I) 2 members shall be representatives of national 
                wireless providers;
                    (II) 1 member shall be a representative of regional 
                wireless providers; and
                    (III) 1 member shall be a representative of rural 
                wireless providers;

                (ii) 3 members shall be representatives of equipment 
            manufacturers;
                (iii) 4 members shall be representatives of public 
            safety entities, of which--

                    (I) not less than 1 member shall be a 
                representative of management level employees of public 
                safety entities; and
                    (II) not less than 1 member shall be a 
                representative of employees of public safety entities;

                (iv) 3 members shall be representatives of State and 
            local governments, chosen to reflect geographic and 
            population density differences across the United States; 
            and
                (v) all members shall have specific expertise necessary 
            to developing technical requirements under this section, 
            such as technical expertise, public safety communications 
            expertise, and commercial network experience.
            (B) Non-voting member.--The Assistant Secretary shall 
        appoint 1 non-voting member to the Interoperability Board.
        (2) Period of appointment.--
            (A) In general.--Except as provided in subparagraph (B), 
        members of the Interoperability Board shall be appointed for 
        the life of the Interoperability Board.
            (B) Removal for cause.--A member of the Interoperability 
        Board may be removed for cause upon the determination of the 
        Chairman of the Commission.
        (3) Vacancies.--Any vacancy in the Interoperability Board shall 
    not affect the powers of the Interoperability Board, and shall be 
    filled in the same manner as the original appointment.
        (4) Chairperson and vice chairperson.--The Interoperability 
    Board shall select a Chairperson and Vice Chairperson from among 
    the members of the Interoperability Board.
        (5) Quorum.--A majority of the members of the Interoperability 
    Board shall constitute a quorum.
    (c) Duties of the Interoperability Board.--
        (1) Development of technical requirements.--Not later than 90 
    days after the date of enactment of this Act, the Interoperability 
    Board, in consultation with the NTIA, NIST, and the Office of 
    Emergency Communications of the Department of Homeland Security, 
    shall--
            (A) develop recommended minimum technical requirements to 
        ensure a nationwide level of interoperability for the 
        nationwide public safety broadband network; and
            (B) submit to the Commission for review in accordance with 
        paragraph (3) recommended minimum technical requirements 
        described in subparagraph (A).
        (2) Consideration.--In developing recommended minimum technical 
    requirements under paragraph (1), the Interoperability Board shall 
    base the recommended minimum technical requirements on the 
    commercial standards for Long Term Evolution (LTE) service.
        (3) Approval of recommendations.--
            (A) In general.--Not later than 30 days after the date on 
        which the Interoperability Board submits recommended minimum 
        technical requirements under paragraph (1)(B), the Commission 
        shall approve the recommendations, with any revisions it deems 
        necessary, and transmit such recommendations to the First 
        Responder Network Authority.
            (B) Review.--Any actions taken under subparagraph (A) shall 
        not be reviewable as a final agency action.
    (d) Travel Expenses.--The members of the Interoperability Board 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, at rates authorized for employees of agencies under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from their homes or regular places of business in the performance of 
services for the Interoperability Board.
    (e) Exemption From FACA.--The Federal Advisory Committee Act (5 
U.S.C. App.) shall not apply to the Interoperability Board.
    (f) Termination of Authority.--The Interoperability Board shall 
terminate 15 days after the date on which the Commission transmits the 
recommendations to the First Responder Network Authority under 
subsection (c)(3)(A).
SEC. 6204. ESTABLISHMENT OF THE FIRST RESPONDER NETWORK AUTHORITY.
    (a) Establishment.--There is established as an independent 
authority within the NTIA the ``First Responder Network Authority'' or 
``FirstNet''.
    (b) Board.--
        (1) In general.--The First Responder Network Authority shall be 
    headed by a Board, which shall consist of--
            (A) the Secretary of Homeland Security;
            (B) the Attorney General of the United States;
            (C) the Director of the Office of Management and Budget; 
        and
            (D) 12 individuals appointed by the Secretary of Commerce 
        in accordance with paragraph (2).
        (2) Appointments.--
            (A) In general.--In making appointments under paragraph 
        (1)(D), the Secretary of Commerce shall--
                (i) appoint not fewer than 3 individuals to represent 
            the collective interests of the States, localities, tribes, 
            and territories;
                (ii) seek to ensure geographic and regional 
            representation of the United States in such appointments;
                (iii) seek to ensure rural and urban representation in 
            such appointments; and
                (iv) appoint not fewer than 3 individuals who have 
            served as public safety professionals.
            (B) Required qualifications.--
                (i) In general.--Each member appointed under paragraph 
            (1)(D) should meet not less than 1 of the following 
            criteria:

                    (I) Public safety experience.--Knowledge and 
                experience in the use of Federal, State, local, or 
                tribal public safety or emergency response.
                    (II) Technical expertise.--Technical expertise and 
                fluency regarding broadband communications, including 
                public safety communications.
                    (III) Network expertise.--Expertise in building, 
                deploying, and operating commercial telecommunications 
                networks.
                    (IV) Financial expertise.--Expertise in financing 
                and funding telecommunications networks.

                (ii) Expertise to be represented.--In making 
            appointments under paragraph (1)(D), the Secretary of 
            Commerce shall appoint--

                    (I) not fewer than 1 individual who satisfies the 
                requirement under subclause (II) of clause (i);
                    (II) not fewer than 1 individual who satisfies the 
                requirement under subclause (III) of clause (i); and
                    (III) not fewer than 1 individual who satisfies the 
                requirement under subclause (IV) of clause (i).

            (C) Citizenship.--No individual other than a citizen of the 
        United States may serve as a member of the Board.
    (c) Terms of Appointment.--
        (1) Initial appointment deadline.--Members of the Board shall 
    be appointed not later than 180 days after the date of the 
    enactment of this title.
        (2) Terms.--
            (A) Length.--
                (i) In general.--Each member of the Board described in 
            subparagraphs (A) through (C) of subsection (b)(1) shall 
            serve as a member of the Board for the life of the First 
            Responder Network Authority.
                (ii) Appointed individuals.--The term of office of each 
            individual appointed to be a member of the Board under 
            subsection (b)(1)(D) shall be 3 years. No member described 
            in this clause may serve more than 2 consecutive full 3-
            year terms.
            (B) Expiration of term.--Any member whose term has expired 
        may serve until such member's successor has taken office, or 
        until the end of the calendar year in which such member's term 
        has expired, whichever is earlier.
            (C) Appointment to fill vacancy.--Any member appointed to 
        fill a vacancy occurring prior to the expiration of the term 
        for which that member's predecessor was appointed shall be 
        appointed for the remainder of the predecessor's term.
            (D) Staggered terms.--With respect to the initial members 
        of the Board appointed under subsection (b)(1)(D)--
                (i) 4 members shall serve for a term of 3 years;
                (ii) 4 members shall serve for a term of 2 years; and
                (iii) 4 members shall serve for a term of 1 year.
        (3) Vacancies.--A vacancy in the membership of the Board shall 
    not affect the Board's powers, and shall be filled in the same 
    manner as the original member was appointed.
    (d) Chair.--
        (1) Selection.--The Secretary of Commerce shall select, from 
    among the members of the Board appointed under subsection 
    (b)(1)(D), an individual to serve for a 2-year term as Chair of the 
    Board.
        (2) Consecutive terms.--An individual may not serve for more 
    than 2 consecutive terms as Chair of the Board.
    (e) Meetings.--
        (1) Frequency.--The Board shall meet--
            (A) at the call of the Chair; and
            (B) not less frequently than once each quarter.
        (2) Transparency.--Meetings of the Board, including any 
    committee of the Board, shall be open to the public. The Board may, 
    by majority vote, close any such meeting only for the time 
    necessary to preserve the confidentiality of commercial or 
    financial information that is privileged or confidential, to 
    discuss personnel matters, or to discuss legal matters affecting 
    the First Responder Network Authority, including pending or 
    potential litigation.
    (f) Quorum.--Eight members of the Board shall constitute a quorum, 
including at least 6 of the members appointed under subsection 
(b)(1)(D).
    (g) Compensation.--
        (1) In general.--The members of the Board appointed under 
    subsection (b)(1)(D) shall be compensated at the daily rate of 
    basic pay for level IV of the Executive Schedule for each day 
    during which such members are engaged in performing a function of 
    the Board.
        (2) Prohibition on compensation.--A member of the Board 
    appointed under subparagraphs (A) through (C) of subsection (b)(1) 
    shall serve without additional pay, and shall not otherwise 
    benefit, directly or indirectly, as a result of their service to 
    the First Responder Network Authority, but shall be allowed a per 
    diem allowance for travel expenses, at rates authorized for an 
    employee of an agency under subchapter I of chapter 57 of title 5, 
    United States Code, while away from the home or regular place of 
    business of the member in the performance of the duties of the 
    First Responder Network Authority.
SEC. 6205. ADVISORY COMMITTEES OF THE FIRST RESPONDER NETWORK 
AUTHORITY.
    (a) Advisory Committees.--The First Responder Network Authority--
        (1) shall establish a standing public safety advisory committee 
    to assist the First Responder Network Authority in carrying out its 
    duties and responsibilities under this subtitle; and
        (2) may establish additional standing or ad hoc committees, 
    panels, or councils as the First Responder Network Authority 
    determines are necessary.
    (b) Selection of Agents, Consultants, and Experts.--
        (1) In general.--The First Responder Network Authority shall 
    select parties to serve as its agents, consultants, or experts in a 
    fair, transparent, and objective manner, and such agents may 
    include a program manager to carry out certain of the duties and 
    responsibilities of deploying and operating the nationwide public 
    safety broadband network described in subsections (b) and (c) of 
    section 6206.
        (2) Binding and final.--If the selection of an agent, 
    consultant, or expert satisfies the requirements under paragraph 
    (1), the selection of that agent, consultant, or expert shall be 
    final and binding.
SEC. 6206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE FIRST RESPONDER 
NETWORK AUTHORITY.
    (a) General Powers.--The First Responder Network Authority shall 
have the authority to do the following:
        (1) To exercise, through the actions of its Board, all powers 
    specifically granted by the provisions of this subtitle, and such 
    incidental powers as shall be necessary.
        (2) To hold such hearings, sit and act at such times and 
    places, take such testimony, and receive such evidence as the First 
    Responder Network Authority considers necessary to carry out its 
    responsibilities and duties.
        (3) To obtain grants and funds from and make contracts with 
    individuals, private companies, organizations, institutions, and 
    Federal, State, regional, and local agencies.
        (4) To accept, hold, administer, and utilize gifts, donations, 
    and bequests of property, both real and personal, for the purposes 
    of aiding or facilitating the work of the First Responder Network 
    Authority.
        (5) To spend funds under paragraph (3) in a manner authorized 
    by the Board, but only for purposes that will advance or enhance 
    public safety communications consistent with this title.
        (6) To take such other actions as the First Responder Network 
    Authority (through the Board) may from time to time determine 
    necessary, appropriate, or advisable to accomplish the purposes of 
    this title.
    (b) Duty and Responsibility to Deploy and Operate a Nationwide 
Public Safety Broadband Network.--
        (1) In general.--The First Responder Network Authority shall 
    hold the single public safety wireless license granted under 
    section 6201 and take all actions necessary to ensure the building, 
    deployment, and operation of the nationwide public safety broadband 
    network, in consultation with Federal, State, tribal, and local 
    public safety entities, the Director of NIST, the Commission, and 
    the public safety advisory committee established in section 
    6205(a), including by, at a minimum--
            (A) ensuring nationwide standards for use and access of the 
        network;
            (B) issuing open, transparent, and competitive requests for 
        proposals to private sector entities for the purposes of 
        building, operating, and maintaining the network that use, 
        without materially changing, the minimum technical requirements 
        developed under section 6203;
            (C) encouraging that such requests leverage, to the maximum 
        extent economically desirable, existing commercial wireless 
        infrastructure to speed deployment of the network; and
            (D) managing and overseeing the implementation and 
        execution of contracts or agreements with non-Federal entities 
        to build, operate, and maintain the network.
        (2) Requirements.--In carrying out the duties and 
    responsibilities of this subsection, including issuing requests for 
    proposals, the First Responder Network Authority shall--
            (A) ensure the safety, security, and resiliency of the 
        network, including requirements for protecting and monitoring 
        the network to protect against cyberattack;
            (B) promote competition in the equipment market, including 
        devices for public safety communications, by requiring that 
        equipment for use on the network be--
                (i) built to open, non-proprietary, commercially 
            available standards;
                (ii) capable of being used by any public safety entity 
            and by multiple vendors across all public safety broadband 
            networks operating in the 700 MHz band; and
                (iii) backward-compatible with existing commercial 
            networks to the extent that such capabilities are necessary 
            and technically and economically reasonable;
            (C) promote integration of the network with public safety 
        answering points or their equivalent; and
            (D) address special considerations for areas or regions 
        with unique homeland security or national security needs.
        (3) Rural coverage.--In carrying out the duties and 
    responsibilities of this subsection, including issuing requests for 
    proposals, the nationwide, interoperable public safety broadband 
    network, consistent with the license granted under section 6201, 
    shall require deployment phases with substantial rural coverage 
    milestones as part of each phase of the construction and deployment 
    of the network. To the maximum extent economically desirable, such 
    proposals shall include partnerships with existing commercial 
    mobile providers to utilize cost-effective opportunities to speed 
    deployment in rural areas.
        (4) Execution of authority.--In carrying out the duties and 
    responsibilities of this subsection, the First Responder Network 
    Authority may--
            (A) obtain grants from and make contracts with individuals, 
        private companies, and Federal, State, regional, and local 
        agencies;
            (B) hire or accept voluntary services of consultants, 
        experts, advisory boards, and panels to aid the First Responder 
        Network Authority in carrying out such duties and 
        responsibilities;
            (C) receive payment for use of--
                (i) network capacity licensed to the First Responder 
            Network Authority; and
                (ii) network infrastructure constructed, owned, or 
            operated by the First Responder Network Authority; and
            (D) take such other actions as may be necessary to 
        accomplish the purposes set forth in this subsection.
    (c) Other Specific Duties and Responsibilities.--
        (1) Establishment of network policies.--In carrying out the 
    requirements under subsection (b), the First Responder Network 
    Authority shall develop--
            (A) requests for proposals with appropriate--
                (i) timetables for construction, including by taking 
            into consideration the time needed to build out to rural 
            areas and the advantages offered through partnerships with 
            existing commercial providers under paragraph (3);
                (ii) coverage areas, including coverage in rural and 
            nonurban areas;
                (iii) service levels;
                (iv) performance criteria; and
                (v) other similar matters for the construction and 
            deployment of such network;
            (B) the technical and operational requirements of the 
        network;
            (C) practices, procedures, and standards for the management 
        and operation of such network;
            (D) terms of service for the use of such network, including 
        billing practices; and
            (E) ongoing compliance review and monitoring of the--
                (i) management and operation of such network;
                (ii) practices and procedures of the entities operating 
            on and the personnel using such network; and
                (iii) necessary training needs of network operators and 
            users.
        (2) State and local planning.--
            (A) Required consultation.--In developing requests for 
        proposals and otherwise carrying out its responsibilities under 
        this Act, the First Responder Network Authority shall consult 
        with regional, State, tribal, and local jurisdictions regarding 
        the distribution and expenditure of any amounts required to 
        carry out the policies established under paragraph (1), 
        including with regard to the--
                (i) construction of a core network and any radio access 
            network build out;
                (ii) placement of towers;
                (iii) coverage areas of the network, whether at the 
            regional, State, tribal, or local level;
                (iv) adequacy of hardening, security, reliability, and 
            resiliency requirements;
                (v) assignment of priority to local users;
                (vi) assignment of priority and selection of entities 
            seeking access to or use of the nationwide public safety 
            interoperable broadband network established under 
            subsection (b); and
                (vii) training needs of local users.
            (B) Method of consultation.--The consultation required 
        under subparagraph (A) shall occur between the First Responder 
        Network Authority and the single officer or governmental body 
        designated under section 6302(d).
        (3) Leveraging existing infrastructure.--In carrying out the 
    requirement under subsection (b), the First Responder Network 
    Authority shall enter into agreements to utilize, to the maximum 
    extent economically desirable, existing--
            (A) commercial or other communications infrastructure; and
            (B) Federal, State, tribal, or local infrastructure.
        (4) Maintenance and upgrades.--The First Responder Network 
    Authority shall ensure the maintenance, operation, and improvement 
    of the nationwide public safety broadband network, including by 
    ensuring that the First Responder Network Authority updates and 
    revises any policies established under paragraph (1) to take into 
    account new and evolving technologies.
        (5) Roaming agreements.--The First Responder Network Authority 
    shall negotiate and enter into, as it determines appropriate, 
    roaming agreements with commercial network providers to allow the 
    nationwide public safety broadband network to roam onto commercial 
    networks and gain prioritization of public safety communications 
    over such networks in times of an emergency.
        (6) Network infrastructure and device criteria.--The Director 
    of NIST, in consultation with the First Responder Network Authority 
    and the Commission, shall ensure the development of a list of 
    certified devices and components meeting appropriate protocols and 
    standards for public safety entities and commercial vendors to 
    adhere to, if such entities or vendors seek to have access to, use 
    of, or compatibility with the nationwide public safety broadband 
    network.
        (7) Representation before standard setting entities.--The First 
    Responder Network Authority, in consultation with the Director of 
    NIST, the Commission, and the public safety advisory committee 
    established under section 6205(a), shall represent the interests of 
    public safety users of the nationwide public safety broadband 
    network before any proceeding, negotiation, or other matter in 
    which a standards organization, standards body, standards 
    development organization, or any other recognized standards-setting 
    entity addresses the development of standards relating to 
    interoperability.
        (8) Prohibition on negotiation with foreign governments.--The 
    First Responder Network Authority shall not have the authority to 
    negotiate or enter into any agreements with a foreign government on 
    behalf of the United States.
    (d) Exemption From Certain Laws.--Any action taken or decisions 
made by the First Responder Network Authority shall be exempt from the 
requirements of--
        (1) section 3506 of title 44, United States Code (commonly 
    referred to as the Paperwork Reduction Act);
        (2) chapter 5 of title 5, United States Code (commonly referred 
    to as the Administrative Procedures Act); and
        (3) chapter 6 of title 5, United States Code (commonly referred 
    to as the Regulatory Flexibility Act).
    (e) Network Construction Fund.--
        (1) Establishment.--There is established in the Treasury of the 
    United States a fund to be known as the ``Network Construction 
    Fund''.
        (2) Use of fund.--Amounts deposited into the Network 
    Construction Fund shall be used by the--
            (A) First Responder Network Authority to carry out this 
        section, except for administrative expenses; and
            (B) NTIA to make grants to States under section 
        6302(e)(3)(C)(iii)(I).
    (f) Termination of Authority.--The authority of the First Responder 
Network Authority shall terminate on the date that is 15 years after 
the date of enactment of this title.
    (g) GAO Report.--Not later than 10 years after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to Congress a report on what action Congress should take 
regarding the 15-year sunset of authority under subsection (f).
SEC. 6207. INITIAL FUNDING FOR THE FIRST RESPONDER NETWORK AUTHORITY.
    (a) Borrowing Authority.--Prior to the deposit of proceeds into the 
Public Safety Trust Fund from the incentive auctions to be carried out 
under section 309(j)(8)(G) of the Communications Act of 1934 or the 
auction of spectrum pursuant to section 6401, the NTIA may borrow from 
the Treasury such sums as may be necessary, but not to exceed 
$2,000,000,000, to implement this subtitle. The NTIA shall reimburse 
the Treasury, without interest, from funds deposited into the Public 
Safety Trust Fund.
    (b) Prohibition.--
        (1) In general.--Administrative expenses of the First Responder 
    Network Authority may not exceed $100,000,000 during the 10-year 
    period beginning on the date of enactment of this title.
        (2) Definition.--For purposes of this subsection, the term 
    ``administrative expenses'' does not include the costs incurred by 
    the First Responder Network Authority for oversight and audits to 
    protect against waste, fraud, and abuse.
SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR 
NETWORK USE.
    (a) In General.--Notwithstanding section 337 of the Communications 
Act of 1934 (47 U.S.C. 337), the First Responder Network Authority is 
authorized to assess and collect the following fees:
        (1) Network user fee.--A user or subscription fee from each 
    entity, including any public safety entity or secondary user, that 
    seeks access to or use of the nationwide public safety broadband 
    network.
        (2) Lease fees related to network capacity.--
            (A) In general.--A fee from any entity that seeks to enter 
        into a covered leasing agreement.
            (B) Covered leasing agreement.--For purposes of 
        subparagraph (A), a ``covered leasing agreement'' means a 
        written agreement resulting from a public-private arrangement 
        to construct, manage, and operate the nationwide public safety 
        broadband network between the First Responder Network Authority 
        and secondary user to permit--
                (i) access to network capacity on a secondary basis for 
            non-public safety services; and
                (ii) the spectrum allocated to such entity to be used 
            for commercial transmissions along the dark fiber of the 
            long-haul network of such entity.
        (3) Lease fees related to network equipment and 
    infrastructure.--A fee from any entity that seeks access to or use 
    of any equipment or infrastructure, including antennas or towers, 
    constructed or otherwise owned by the First Responder Network 
    Authority resulting from a public-private arrangement to construct, 
    manage, and operate the nationwide public safety broadband network.
    (b) Establishment of Fee Amounts; Permanent Self-funding.--The 
total amount of the fees assessed for each fiscal year pursuant to this 
section shall be sufficient, and shall not exceed the amount necessary, 
to recoup the total expenses of the First Responder Network Authority 
in carrying out its duties and responsibilities described under this 
subtitle for the fiscal year involved.
    (c) Annual Approval.--The NTIA shall review the fees assessed under 
this section on an annual basis, and such fees may only be assessed if 
approved by the NTIA.
    (d) Required Reinvestment of Funds.--The First Responder Network 
Authority shall reinvest amounts received from the assessment of fees 
under this section in the nationwide public safety interoperable 
broadband network by using such funds only for constructing, 
maintaining, operating, or improving the network.
SEC. 6209. AUDIT AND REPORT.
    (a) Audit.--
        (1) In general.--The Secretary of Commerce shall enter into a 
    contract with an independent auditor to conduct an audit, on an 
    annual basis, of the First Responder Network Authority in 
    accordance with general accounting principles and procedures 
    applicable to commercial corporate transactions. Each audit 
    conducted under this paragraph shall be made available to the 
    appropriate committees of Congress.
        (2) Location.--Any audit conducted under paragraph (1) shall be 
    conducted at the place or places where accounts of the First 
    Responder Network Authority are normally kept.
        (3) Access to first responder network authority books and 
    documents.--
            (A) In general.--For purposes of an audit conducted under 
        paragraph (1), the representatives of the independent auditor 
        shall--
                (i) have access to all books, accounts, records, 
            reports, files, and all other papers, things, or property 
            belonging to or in use by the First Responder Network 
            Authority that pertain to the financial transactions of the 
            First Responder Network Authority and are necessary to 
            facilitate the audit; and
                (ii) be afforded full facilities for verifying 
            transactions with the balances or securities held by 
            depositories, fiscal agents, and custodians.
            (B) Requirement.--All books, accounts, records, reports, 
        files, papers, and property of the First Responder Network 
        Authority shall remain in the possession and custody of the 
        First Responder Network Authority.
    (b) Report.--
        (1) In general.--The independent auditor selected to conduct an 
    audit under this section shall submit a report of each audit 
    conducted under subsection (a) to--
            (A) the appropriate committees of Congress;
            (B) the President; and
            (C) the First Responder Network Authority.
        (2) Contents.--Each report submitted under paragraph (1) shall 
    contain--
            (A) such comments and information as the independent 
        auditor determines necessary to inform Congress of the 
        financial operations and condition of the First Responder 
        Network Authority;
            (B) any recommendations of the independent auditor relating 
        to the financial operations and condition of the First 
        Responder Network Authority; and
            (C) a description of any program, expenditure, or other 
        financial transaction or undertaking of the First Responder 
        Network Authority that was observed during the course of the 
        audit, which, in the opinion of the independent auditor, has 
        been carried on or made without the authority of law.
SEC. 6210. ANNUAL REPORT TO CONGRESS.
    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, and each year thereafter, the First Responder Network 
Authority shall submit an annual report covering the preceding fiscal 
year to the appropriate committees of Congress.
    (b) Required Content.--The report required under subsection (a) 
shall include--
        (1) a comprehensive and detailed report of the operations, 
    activities, financial condition, and accomplishments of the First 
    Responder Network Authority under this section; and
        (2) such recommendations or proposals for legislative or 
    administrative action as the First Responder Network Authority 
    deems appropriate.
    (c) Availability to Testify.--The members of the Board and 
employees of the First Responder Network Authority shall be available 
to testify before the appropriate committees of the Congress with 
respect to--
        (1) the report required under subsection (a);
        (2) the report of any audit conducted under section 6210; or
        (3) any other matter which such committees may determine 
    appropriate.
SEC. 6211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS.
    The Commission may adopt rules, if necessary in the public 
interest, to improve the ability of public safety networks to roam onto 
commercial networks and to gain priority access to commercial networks 
in an emergency if--
        (1) the public safety entity equipment is technically 
    compatible with the commercial network;
        (2) the commercial network is reasonably compensated; and
        (3) such access does not preempt or otherwise terminate or 
    degrade all existing voice conversations or data sessions.
SEC. 6212. PROHIBITION ON DIRECT OFFERING OF COMMERCIAL 
TELECOMMUNICATIONS SERVICE DIRECTLY TO CONSUMERS.
    (a) In General.--The First Responder Network Authority shall not 
offer, provide, or market commercial telecommunications or information 
services directly to consumers.
    (b) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the First Responder Network Authority and a 
secondary user from entering into a covered leasing agreement pursuant 
to section 6208(a)(2)(B). Nothing in this section shall be construed to 
limit the First Responder Network Authority from collecting lease fees 
related to network equipment and infrastructure pursuant to section 
6208(a)(3).
SEC. 6213. PROVISION OF TECHNICAL ASSISTANCE.
    The Commission may provide technical assistance to the First 
Responder Network Authority and may take any action necessary to assist 
the First Responder Network Authority in effectuating its duties and 
responsibilities under this subtitle.

                 Subtitle C--Public Safety Commitments

SEC. 6301. STATE AND LOCAL IMPLEMENTATION FUND.
    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the State and Local Implementation 
Fund.
    (b) Amounts Available for State and Local Implementation Grant 
Program.--Any amounts borrowed under subsection (c)(1) and any amounts 
in the State and Local Implementation Fund that are not necessary to 
reimburse the general fund of the Treasury for such borrowed amounts 
shall be available to the Assistant Secretary to implement section 
6302.
    (c) Borrowing Authority.--
        (1) In general.--Prior to the end of fiscal year 2022, the 
    Assistant Secretary may borrow from the general fund of the 
    Treasury such sums as may be necessary, but not to exceed 
    $135,000,000, to implement section 6302.
        (2) Reimbursement.--The Assistant Secretary shall reimburse the 
    general fund of the Treasury, without interest, for any amounts 
    borrowed under paragraph (1) as funds are deposited into the State 
    and Local Implementation Fund.
    (d) Transfer of Unused Funds.--If there is a balance remaining in 
the State and Local Implementation Fund on September 30, 2022, the 
Secretary of the Treasury shall transfer such balance to the general 
fund of the Treasury, where such balance shall be dedicated for the 
sole purpose of deficit reduction.
SEC. 6302. STATE AND LOCAL IMPLEMENTATION.
    (a) Establishment of State and Local Implementation Grant 
Program.--The Assistant Secretary, in consultation with the First 
Responder Network Authority, shall take such action as is necessary to 
establish a grant program to make grants to States to assist State, 
regional, tribal, and local jurisdictions to identify, plan, and 
implement the most efficient and effective way for such jurisdictions 
to utilize and integrate the infrastructure, equipment, and other 
architecture associated with the nationwide public safety broadband 
network to satisfy the wireless communications and data services needs 
of that jurisdiction, including with regards to coverage, siting, and 
other needs.
    (b) Matching Requirements; Federal Share.--
        (1) In general.--The Federal share of the cost of any activity 
    carried out using a grant under this section may not exceed 80 
    percent of the eligible costs of carrying out that activity, as 
    determined by the Assistant Secretary, in consultation with the 
    First Responder Network Authority.
        (2) Waiver.--The Assistant Secretary may waive, in whole or in 
    part, the requirements of paragraph (1) for good cause shown if the 
    Assistant Secretary determines that such a waiver is in the public 
    interest.
    (c) Programmatic Requirements.--Not later than 6 months after the 
date of enactment of this Act, the Assistant Secretary, in consultation 
with the First Responder Network Authority, shall establish 
requirements relating to the grant program to be carried out under this 
section, including the following:
        (1) Defining eligible costs for purposes of subsection (b)(1).
        (2) Determining the scope of eligible activities for grant 
    funding under this section.
        (3) Prioritizing grants for activities that ensure coverage in 
    rural as well as urban areas.
    (d) Certification and Designation of Officer or Governmental 
Body.--In carrying out the grant program established under this 
section, the Assistant Secretary shall require each State to certify in 
its application for grant funds that the State has designated a single 
officer or governmental body to serve as the coordinator of 
implementation of the grant funds.
    (e) State Network.--
        (1) Notice.--Upon the completion of the request for proposal 
    process conducted by the First Responder Network Authority for the 
    construction, operation, maintenance, and improvement of the 
    nationwide public safety broadband network, the First Responder 
    Network Authority shall provide to the Governor of each State, or 
    his designee--
            (A) notice of the completion of the request for proposal 
        process;
            (B) details of the proposed plan for buildout of the 
        nationwide, interoperable broadband network in such State; and
            (C) the funding level for the State as determined by the 
        NTIA.
        (2) State decision.--Not later than 90 days after the date on 
    which the Governor of a State receives notice under paragraph (1), 
    the Governor shall choose whether to--
            (A) participate in the deployment of the nationwide, 
        interoperable broadband network as proposed by the First 
        Responder Network Authority; or
            (B) conduct its own deployment of a radio access network in 
        such State.
        (3) Process.--
            (A) In general.--Upon making a decision to opt-out under 
        paragraph (2)(B), the Governor shall notify the First Responder 
        Network Authority, the NTIA, and the Commission of such 
        decision.
            (B) State request for proposals.--Not later than 180 days 
        after the date on which a Governor provides notice under 
        subparagraph (A), the Governor shall develop and complete 
        requests for proposals for the construction, maintenance, and 
        operation of the radio access network within the State.
            (C) Submission and approval of alternative plan.--
                (i) In general.--The State shall submit an alternative 
            plan for the construction, maintenance, operation, and 
            improvements of the radio access network within the State 
            to the Commission, and such plan shall demonstrate--

                    (I) that the State will be in compliance with the 
                minimum technical interoperability requirements 
                developed under section 6203; and
                    (II) interoperability with the nationwide public 
                safety broadband network.

                (ii) Commission approval or disapproval.--Upon 
            submission of a State plan under clause (i), the Commission 
            shall either approve or disapprove the plan.
                (iii) Approval.--If the Commission approves a plan 
            under this subparagraph, the State--

                    (I) may apply to the NTIA for a grant to construct 
                the radio access network within the State that includes 
                the showing described in subparagraph (D); and
                    (II) shall apply to the NTIA to lease spectrum 
                capacity from the First Responder Network Authority.

                (iv) Disapproval.--If the Commission disapproves a plan 
            under this subparagraph, the construction, maintenance, 
            operation, and improvements of the network within the State 
            shall proceed in accordance with the plan proposed by the 
            First Responder Network Authority.
            (D) Funding requirements.--In order to obtain grant funds 
        and spectrum capacity leasing rights under subparagraph 
        (C)(iii), a State shall demonstrate--
                (i) that the State has--

                    (I) the technical capabilities to operate, and the 
                funding to support, the State radio access network;
                    (II) has the ability to maintain ongoing 
                interoperability with the nationwide public safety 
                broadband network; and
                    (III) the ability to complete the project within 
                specified comparable timelines specific to the State;

                (ii) the cost-effectiveness of the State plan submitted 
            under subparagraph (C)(i); and
                (iii) comparable security, coverage, and quality of 
            service to that of the nationwide public safety broadband 
            network.
    (f) User Fees.--If a State chooses to build its own radio access 
network, the State shall pay any user fees associated with State use of 
elements of the core network.
    (g) Prohibition.--
        (1) In general.--A State that chooses to build its own radio 
    access network shall not provide commercial service to consumers or 
    offer wholesale leasing capacity of the network within the State 
    except directly through public-private partnerships for 
    construction, maintenance, operation, and improvement of the 
    network within the State.
        (2) Rule of construction.--Nothing in this subsection shall be 
    construed to prohibit the State and a secondary user from entering 
    into a covered leasing agreement. Any revenue gained by the State 
    from such a leasing agreement shall be used only for constructing, 
    maintaining, operating, or improving the radio access network of 
    the State.
    (h) Judicial Review.--
        (1) In general.--The United States District Court for the 
    District of Columbia shall have exclusive jurisdiction to review a 
    decision of the Commission made under subsection (e)(3)(C)(iv).
        (2) Standard of review.--The court shall affirm the decision of 
    the Commission unless--
            (A) the decision was procured by corruption, fraud, or 
        undue means;
            (B) there was actual partiality or corruption in the 
        Commission; or
            (C) the Commission was guilty of misconduct in refusing to 
        hear evidence pertinent and material to the decision or of any 
        other misbehavior by which the rights of any party have been 
        prejudiced.
SEC. 6303. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH AND 
DEVELOPMENT.
    (a) NIST Directed Research and Development Program.--From amounts 
made available from the Public Safety Trust Fund, the Director of NIST, 
in consultation with the Commission, the Secretary of Homeland 
Security, and the National Institute of Justice of the Department of 
Justice, as appropriate, shall conduct research and assist with the 
development of standards, technologies, and applications to advance 
wireless public safety communications.
    (b) Required Activities.--In carrying out the requirement under 
subsection (a), the Director of NIST, in consultation with the First 
Responder Network Authority and the public safety advisory committee 
established under section 6205(a), shall--
        (1) document public safety wireless communications technical 
    requirements;
        (2) accelerate the development of the capability for 
    communications between currently deployed public safety narrowband 
    systems and the nationwide public safety broadband network;
        (3) establish a research plan, and direct research, that 
    addresses the wireless communications needs of public safety 
    entities beyond what can be provided by the current generation of 
    broadband technology;
        (4) accelerate the development of mission critical voice, 
    including device-to-device ``talkaround'' capability over broadband 
    networks, public safety prioritization, authentication 
    capabilities, and standard application programing interfaces for 
    the nationwide public safety broadband network, if necessary and 
    practical;
        (5) accelerate the development of communications technology and 
    equipment that can facilitate the eventual migration of public 
    safety narrowband communications to the nationwide public safety 
    broadband network; and
        (6) convene working groups of relevant government and 
    commercial parties to achieve the requirements in paragraphs (1) 
    through (5).

                 Subtitle D--Spectrum Auction Authority

SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.
    (a) Clearing Certain Federal Spectrum.--
        (1) In general.--The President shall--
            (A) not later than 3 years after the date of the enactment 
        of this Act, begin the process of withdrawing or modifying the 
        assignment to a Federal Government station of the 
        electromagnetic spectrum described in paragraph (2); and
            (B) not later than 30 days after completing the withdrawal 
        or modification, notify the Commission that the withdrawal or 
        modification is complete.
        (2) Spectrum described.--The electromagnetic spectrum described 
    in this paragraph is the 15 megahertz of spectrum between 1675 
    megahertz and 1710 megahertz identified under paragraph (3).
        (3) Identification by secretary of commerce.--Not later than 1 
    year after the date of the enactment of this Act, the Secretary of 
    Commerce shall submit to the President a report identifying 15 
    megahertz of spectrum between 1675 megahertz and 1710 megahertz for 
    reallocation from Federal use to non-Federal use.
    (b) Reallocation and Auction.--
        (1) In general.--Notwithstanding paragraph (15)(A) of section 
    309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), not 
    later than 3 years after the date of the enactment of this Act, the 
    Commission shall, except as provided in paragraph (4)--
            (A) allocate the spectrum described in paragraph (2) for 
        commercial use; and
            (B) through a system of competitive bidding under such 
        section, grant new initial licenses for the use of such 
        spectrum, subject to flexible-use service rules.
        (2) Spectrum described.--The spectrum described in this 
    paragraph is the following:
            (A) The frequencies between 1915 megahertz and 1920 
        megahertz.
            (B) The frequencies between 1995 megahertz and 2000 
        megahertz.
            (C) The frequencies described in subsection (a)(2).
            (D) The frequencies between 2155 megahertz and 2180 
        megahertz.
            (E) Fifteen megahertz of contiguous spectrum to be 
        identified by the Commission.
        (3) Proceeds to cover 110 percent of federal relocation or 
    sharing costs.--Nothing in paragraph (1) shall be construed to 
    relieve the Commission from the requirements of section 
    309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(16)(B)).
        (4) Determination by commission.--If the Commission determines 
    that the band of frequencies described in paragraph (2)(A) or the 
    band of frequencies described in paragraph (2)(B) cannot be used 
    without causing harmful interference to commercial mobile service 
    licensees in the frequencies between 1930 megahertz and 1995 
    megahertz, the Commission may not--
            (A) allocate such band for commercial use under paragraph 
        (1)(A); or
            (B) grant licenses under paragraph (1)(B) for the use of 
        such band.
    (c) Auction Proceeds.--Section 309(j)(8) of the Communications Act 
of 1934 (47 U.S.C. 309(j)(8)) is amended--
        (1) in subparagraph (A), by striking ``(D), and (E),'' and 
    inserting ``(D), (E), (F), and (G),'';
        (2) in subparagraph (C)(i), by striking ``subparagraph 
    (E)(ii)'' and inserting ``subparagraphs (D)(ii), (E)(ii), (F), and 
    (G)'';
        (3) in subparagraph (D)--
            (A) by striking the heading and inserting ``Proceeds from 
        reallocated federal spectrum.--'';
            (B) by striking ``Cash'' and inserting the following:
                ``(i) In general.--Except as provided in clause (ii), 
            cash''; and
            (C) by adding at the end the following:
                ``(ii) Certain other proceeds.--Notwithstanding 
            subparagraph (A) and except as provided in subparagraph 
            (B), in the case of proceeds (including deposits and 
            upfront payments from successful bidders) attributable to 
            the auction of eligible frequencies described in paragraph 
            (2) of section 113(g) of the National Telecommunications 
            and Information Administration Organization Act that are 
            required to be auctioned by section 6401(b)(1)(B) of the 
            Middle Class Tax Relief and Job Creation Act of 2012, such 
            portion of such proceeds as is necessary to cover the 
            relocation or sharing costs (as defined in paragraph (3) of 
            such section 113(g)) of Federal entities relocated from 
            such eligible frequencies shall be deposited in the 
            Spectrum Relocation Fund. The remainder of such proceeds 
            shall be deposited in the Public Safety Trust Fund 
            established by section 6413(a)(1) of the Middle Class Tax 
            Relief and Job Creation Act of 2012.''; and
        (4) by adding at the end the following:
            ``(F) Certain proceeds designated for public safety trust 
        fund.--Notwithstanding subparagraph (A) and except as provided 
        in subparagraphs (B) and (D)(ii), the proceeds (including 
        deposits and upfront payments from successful bidders) from the 
        use of a system of competitive bidding under this subsection 
        pursuant to section 6401(b)(1)(B) of the Middle Class Tax 
        Relief and Job Creation Act of 2012 shall be deposited in the 
        Public Safety Trust Fund established by section 6413(a)(1) of 
        such Act.''.
SEC. 6402. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS.
    Section 309(j)(8) of the Communications Act of 1934, as amended by 
section 6401(c), is further amended by adding at the end the following:
            ``(G) Incentive auctions.--
                ``(i) In general.--Notwithstanding subparagraph (A) and 
            except as provided in subparagraph (B), the Commission may 
            encourage a licensee to relinquish voluntarily some or all 
            of its licensed spectrum usage rights in order to permit 
            the assignment of new initial licenses subject to flexible-
            use service rules by sharing with such licensee a portion, 
            based on the value of the relinquished rights as determined 
            in the reverse auction required by clause (ii)(I), of the 
            proceeds (including deposits and upfront payments from 
            successful bidders) from the use of a competitive bidding 
            system under this subsection.
                ``(ii) Limitations.--The Commission may not enter into 
            an agreement for a licensee to relinquish spectrum usage 
            rights in exchange for a share of auction proceeds under 
            clause (i) unless--

                    ``(I) the Commission conducts a reverse auction to 
                determine the amount of compensation that licensees 
                would accept in return for voluntarily relinquishing 
                spectrum usage rights; and
                    ``(II) at least two competing licensees participate 
                in the reverse auction.

                ``(iii) Treatment of revenues.--Notwithstanding 
            subparagraph (A) and except as provided in subparagraph 
            (B), the proceeds (including deposits and upfront payments 
            from successful bidders) from any auction, prior to the end 
            of fiscal year 2022, of spectrum usage rights made 
            available under clause (i) that are not shared with 
            licensees under such clause shall be deposited as follows:

                    ``(I) $1,750,000,000 of the proceeds from the 
                incentive auction of broadcast television spectrum 
                required by section 6403 of the Middle Class Tax Relief 
                and Job Creation Act of 2012 shall be deposited in the 
                TV Broadcaster Relocation Fund established by 
                subsection (d)(1) of such section.
                    ``(II) All other proceeds shall be deposited--

                        ``(aa) prior to the end of fiscal year 2022, in 
                    the Public Safety Trust Fund established by section 
                    6413(a)(1) of such Act; and
                        ``(bb) after the end of fiscal year 2022, in 
                    the general fund of the Treasury, where such 
                    proceeds shall be dedicated for the sole purpose of 
                    deficit reduction.
                ``(iv) Congressional notification.--At least 3 months 
            before any incentive auction conducted under this 
            subparagraph, the Chairman of the Commission, in 
            consultation with the Director of the Office of Management 
            and Budget, shall notify the appropriate committees of 
            Congress of the methodology for calculating the amounts 
            that will be shared with licensees under clause (i).
                ``(v) Definition.--In this subparagraph, the term 
            `appropriate committees of Congress' means--

                    ``(I) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(II) the Committee on Appropriations of the 
                Senate;
                    ``(III) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    ``(IV) the Committee on Appropriations of the House 
                of Representatives.''.

SEC. 6403. SPECIAL REQUIREMENTS FOR INCENTIVE AUCTION OF BROADCAST TV 
SPECTRUM.
    (a) Reverse Auction to Identify Incentive Amount.--
        (1) In general.--The Commission shall conduct a reverse auction 
    to determine the amount of compensation that each broadcast 
    television licensee would accept in return for voluntarily 
    relinquishing some or all of its broadcast television spectrum 
    usage rights in order to make spectrum available for assignment 
    through a system of competitive bidding under subparagraph (G) of 
    section 309(j)(8) of the Communications Act of 1934, as added by 
    section 6402.
        (2) Eligible relinquishments.--A relinquishment of usage rights 
    for purposes of paragraph (1) shall include the following:
            (A) Relinquishing all usage rights with respect to a 
        particular television channel without receiving in return any 
        usage rights with respect to another television channel.
            (B) Relinquishing all usage rights with respect to an ultra 
        high frequency television channel in return for receiving usage 
        rights with respect to a very high frequency television 
        channel.
            (C) Relinquishing usage rights in order to share a 
        television channel with another licensee.
        (3) Confidentiality.--The Commission shall take all reasonable 
    steps necessary to protect the confidentiality of Commission-held 
    data of a licensee participating in the reverse auction under 
    paragraph (1), including withholding the identity of such licensee 
    until the reassignments and reallocations (if any) under subsection 
    (b)(1)(B) become effective, as described in subsection (f)(2).
        (4) Protection of carriage rights of licensees sharing a 
    channel.--A broadcast television station that voluntarily 
    relinquishes spectrum usage rights under this subsection in order 
    to share a television channel and that possessed carriage rights 
    under section 338, 614, or 615 of the Communications Act of 1934 
    (47 U.S.C. 338; 534; 535) on November 30, 2010, shall have, at its 
    shared location, the carriage rights under such section that would 
    apply to such station at such location if it were not sharing a 
    channel.
    (b) Reorganization of Broadcast TV Spectrum.--
        (1) In general.--For purposes of making available spectrum to 
    carry out the forward auction under subsection (c)(1), the 
    Commission--
            (A) shall evaluate the broadcast television spectrum 
        (including spectrum made available through the reverse auction 
        under subsection (a)(1)); and
            (B) may, subject to international coordination along the 
        border with Mexico and Canada--
                (i) make such reassignments of television channels as 
            the Commission considers appropriate; and
                (ii) reallocate such portions of such spectrum as the 
            Commission determines are available for reallocation.
        (2) Factors for consideration.--In making any reassignments or 
    reallocations under paragraph (1)(B), the Commission shall make all 
    reasonable efforts to preserve, as of the date of the enactment of 
    this Act, the coverage area and population served of each broadcast 
    television licensee, as determined using the methodology described 
    in OET Bulletin 69 of the Office of Engineering and Technology of 
    the Commission.
        (3) No involuntary relocation from uhf to vhf.--In making any 
    reassignments under paragraph (1)(B)(i), the Commission may not 
    involuntarily reassign a broadcast television licensee--
            (A) from an ultra high frequency television channel to a 
        very high frequency television channel; or
            (B) from a television channel between the frequencies from 
        174 megahertz to 216 megahertz to a television channel between 
        the frequencies from 54 megahertz to 88 megahertz.
        (4) Payment of relocation costs.--
            (A) In general.--Except as provided in subparagraph (B), 
        from amounts made available under subsection (d)(2), the 
        Commission shall reimburse costs reasonably incurred by--
                (i) a broadcast television licensee that was reassigned 
            under paragraph (1)(B)(i) from one ultra high frequency 
            television channel to a different ultra high frequency 
            television channel, from one very high frequency television 
            channel to a different very high frequency television 
            channel, or, in accordance with subsection (g)(1)(B), from 
            a very high frequency television channel to an ultra high 
            frequency television channel, in order for the licensee to 
            relocate its television service from one channel to the 
            other;
                (ii) a multichannel video programming distributor in 
            order to continue to carry the signal of a broadcast 
            television licensee that--

                    (I) is described in clause (i);
                    (II) voluntarily relinquishes spectrum usage rights 
                under subsection (a) with respect to an ultra high 
                frequency television channel in return for receiving 
                usage rights with respect to a very high frequency 
                television channel; or
                    (III) voluntarily relinquishes spectrum usage 
                rights under subsection (a) to share a television 
                channel with another licensee; or

                (iii) a channel 37 incumbent user, in order to relocate 
            to other suitable spectrum, provided that all such users 
            can be relocated and that the total relocation costs of 
            such users do not exceed $300,000,000. For the purpose of 
            this section, the spectrum made available through 
            relocation of channel 37 incumbent users shall be deemed as 
            spectrum reclaimed through a reverse auction under section 
            6403(a).
            (B) Regulatory relief.--In lieu of reimbursement for 
        relocation costs under subparagraph (A), a broadcast television 
        licensee may accept, and the Commission may grant as it 
        considers appropriate, a waiver of the service rules of the 
        Commission to permit the licensee, subject to interference 
        protections, to make flexible use of the spectrum assigned to 
        the licensee to provide services other than broadcast 
        television services. Such waiver shall only remain in effect 
        while the licensee provides at least 1 broadcast television 
        program stream on such spectrum at no charge to the public.
            (C) Limitation.--The Commission may not make reimbursements 
        under subparagraph (A) for lost revenues.
            (D) Deadline.--The Commission shall make all reimbursements 
        required by subparagraph (A) not later than the date that is 3 
        years after the completion of the forward auction under 
        subsection (c)(1).
        (5) Low-power television usage rights.--Nothing in this 
    subsection shall be construed to alter the spectrum usage rights of 
    low-power television stations.
    (c) Forward Auction.--
        (1) Auction required.--The Commission shall conduct a forward 
    auction in which--
            (A) the Commission assigns licenses for the use of the 
        spectrum that the Commission reallocates under subsection 
        (b)(1)(B)(ii); and
            (B) the amount of the proceeds that the Commission shares 
        under clause (i) of section 309(j)(8)(G) of the Communications 
        Act of 1934 with each licensee whose bid the Commission accepts 
        in the reverse auction under subsection (a)(1) is not less than 
        the amount of such bid.
        (2) Minimum proceeds.--
            (A) In general.--If the amount of the proceeds from the 
        forward auction under paragraph (1) is not greater than the sum 
        described in subparagraph (B), no licenses shall be assigned 
        through such forward auction, no reassignments or reallocations 
        under subsection (b)(1)(B) shall become effective, and the 
        Commission may not revoke any spectrum usage rights by reason 
        of a bid that the Commission accepts in the reverse auction 
        under subsection (a)(1).
            (B) Sum described.--The sum described in this subparagraph 
        is the sum of--
                (i) the total amount of compensation that the 
            Commission must pay successful bidders in the reverse 
            auction under subsection (a)(1);
                (ii) the costs of conducting such forward auction that 
            the salaries and expenses account of the Commission is 
            required to retain under section 309(j)(8)(B) of the 
            Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)); and
                (iii) the estimated costs for which the Commission is 
            required to make reimbursements under subsection (b)(4)(A).
            (C) Administrative costs.--The amount of the proceeds from 
        the forward auction under paragraph (1) that the salaries and 
        expenses account of the Commission is required to retain under 
        section 309(j)(8)(B) of the Communications Act of 1934 (47 
        U.S.C. 309(j)(8)(B)) shall be sufficient to cover the costs 
        incurred by the Commission in conducting the reverse auction 
        under subsection (a)(1), conducting the evaluation of the 
        broadcast television spectrum under subparagraph (A) of 
        subsection (b)(1), and making any reassignments or 
        reallocations under subparagraph (B) of such subsection, in 
        addition to the costs incurred by the Commission in conducting 
        such forward auction.
        (3) Factor for consideration.--In conducting the forward 
    auction under paragraph (1), the Commission shall consider 
    assigning licenses that cover geographic areas of a variety of 
    different sizes.
    (d) TV Broadcaster Relocation Fund.--
        (1) Establishment.--There is established in the Treasury of the 
    United States a fund to be known as the TV Broadcaster Relocation 
    Fund.
        (2) Payment of relocation costs.--Any amounts borrowed under 
    paragraph (3)(A) and any amounts in the TV Broadcaster Relocation 
    Fund that are not necessary for reimbursement of the general fund 
    of the Treasury for such borrowed amounts shall be available to the 
    Commission to make the payments required by subsection (b)(4)(A).
        (3) Borrowing authority.--
            (A) In general.--Beginning on the date when any 
        reassignments or reallocations under subsection (b)(1)(B) 
        become effective, as provided in subsection (f)(2), and ending 
        when $1,000,000,000 has been deposited in the TV Broadcaster 
        Relocation Fund, the Commission may borrow from the Treasury of 
        the United States an amount not to exceed $1,000,000,000 to use 
        toward the payments required by subsection (b)(4)(A).
            (B) Reimbursement.--The Commission shall reimburse the 
        general fund of the Treasury, without interest, for any amounts 
        borrowed under subparagraph (A) as funds are deposited into the 
        TV Broadcaster Relocation Fund.
        (4) Transfer of unused funds.--If any amounts remain in the TV 
    Broadcaster Relocation Fund after the date that is 3 years after 
    the completion of the forward auction under subsection (c)(1), the 
    Secretary of the Treasury shall--
            (A) prior to the end of fiscal year 2022, transfer such 
        amounts to the Public Safety Trust Fund established by section 
        6413(a)(1); and
            (B) after the end of fiscal year 2022, transfer such 
        amounts to the general fund of the Treasury, where such amounts 
        shall be dedicated for the sole purpose of deficit reduction.
    (e) Numerical Limitation on Auctions and Reorganization.--The 
Commission may not complete more than one reverse auction under 
subsection (a)(1) or more than one reorganization of the broadcast 
television spectrum under subsection (b).
    (f) Timing.--
        (1) Contemporaneous auctions and reorganization permitted.--The 
    Commission may conduct the reverse auction under subsection (a)(1), 
    any reassignments or reallocations under subsection (b)(1)(B), and 
    the forward auction under subsection (c)(1) on a contemporaneous 
    basis.
        (2) Effectiveness of reassignments and reallocations.--
    Notwithstanding paragraph (1), no reassignments or reallocations 
    under subsection (b)(1)(B) shall become effective until the 
    completion of the reverse auction under subsection (a)(1) and the 
    forward auction under subsection (c)(1), and, to the extent 
    practicable, all such reassignments and reallocations shall become 
    effective simultaneously.
        (3) Deadline.--The Commission may not conduct the reverse 
    auction under subsection (a)(1) or the forward auction under 
    subsection (c)(1) after the end of fiscal year 2022.
        (4) Limit on discretion regarding auction timing.--Section 
    309(j)(15)(A) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(15)(A)) shall not apply in the case of an auction conducted 
    under this section.
    (g) Limitation on Reorganization Authority.--
        (1) In general.--During the period described in paragraph (2), 
    the Commission may not--
            (A) involuntarily modify the spectrum usage rights of a 
        broadcast television licensee or reassign such a licensee to 
        another television channel except--
                (i) in accordance with this section; or
                (ii) in the case of a violation by such licensee of the 
            terms of its license or a specific provision of a statute 
            administered by the Commission, or a regulation of the 
            Commission promulgated under any such provision; or
            (B) reassign a broadcast television licensee from a very 
        high frequency television channel to an ultra high frequency 
        television channel, unless--
                (i) such a reassignment will not decrease the total 
            amount of ultra high frequency spectrum made available for 
            reallocation under this section; or
                (ii) a request from such licensee for the reassignment 
            was pending at the Commission on May 31, 2011.
        (2) Period described.--The period described in this paragraph 
    is the period beginning on the date of the enactment of this Act 
    and ending on the earliest of--
            (A) the first date when the reverse auction under 
        subsection (a)(1), the reassignments and reallocations (if any) 
        under subsection (b)(1)(B), and the forward auction under 
        subsection (c)(1) have been completed;
            (B) the date of a determination by the Commission that the 
        amount of the proceeds from the forward auction under 
        subsection (c)(1) is not greater than the sum described in 
        subsection (c)(2)(B); or
            (C) September 30, 2022.
    (h) Protest Right Inapplicable.--The right of a licensee to protest 
a proposed order of modification of its license under section 316 of 
the Communications Act of 1934 (47 U.S.C. 316) shall not apply in the 
case of a modification made under this section.
    (i) Commission Authority.--Nothing in subsection (b) shall be 
construed to--
        (1) expand or contract the authority of the Commission, except 
    as otherwise expressly provided; or
        (2) prevent the implementation of the Commission's ``White 
    Spaces'' Second Report and Order and Memorandum Opinion and Order 
    (FCC 08-260, adopted November 4, 2008) in the spectrum that remains 
    allocated for broadcast television use after the reorganization 
    required by such subsection.
SEC. 6404. CERTAIN CONDITIONS ON AUCTION PARTICIPATION PROHIBITED.
    Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) 
is amended by adding at the end the following new paragraph:
        ``(17) Certain conditions on auction participation 
    prohibited.--
            ``(A) In general.--Notwithstanding any other provision of 
        law, the Commission may not prevent a person from participating 
        in a system of competitive bidding under this subsection if 
        such person--
                ``(i) complies with all the auction procedures and 
            other requirements to protect the auction process 
            established by the Commission; and
                ``(ii) either--

                    ``(I) meets the technical, financial, character, 
                and citizenship qualifications that the Commission may 
                require under section 303(l)(1), 308(b), or 310 to hold 
                a license; or
                    ``(II) would meet such license qualifications by 
                means approved by the Commission prior to the grant of 
                the license.

            ``(B) Clarification of authority.--Nothing in subparagraph 
        (A) affects any authority the Commission has to adopt and 
        enforce rules of general applicability, including rules 
        concerning spectrum aggregation that promote competition.''.
SEC. 6405. EXTENSION OF AUCTION AUTHORITY.
    Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 
309(j)(11)) is amended by striking ``2012'' and inserting ``2022''.
SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND.
    (a) Modification of Commission Regulations to Allow Certain 
Unlicensed Use.--
        (1) In general.--Subject to paragraph (2), not later than 1 
    year after the date of the enactment of this Act, the Commission 
    shall begin a proceeding to modify part 15 of title 47, Code of 
    Federal Regulations, to allow unlicensed U-NII devices to operate 
    in the 5350-5470 MHz band.
        (2) Required determinations.--The Commission may make the 
    modification described in paragraph (1) only if the Commission, in 
    consultation with the Assistant Secretary, determines that--
            (A) licensed users will be protected by technical 
        solutions, including use of existing, modified, or new 
        spectrum-sharing technologies and solutions, such as dynamic 
        frequency selection; and
            (B) the primary mission of Federal spectrum users in the 
        5350-5470 MHz band will not be compromised by the introduction 
        of unlicensed devices.
    (b) Study by NTIA.--
        (1) In general.--The Assistant Secretary, in consultation with 
    the Department of Defense and other impacted agencies, shall 
    conduct a study evaluating known and proposed spectrum-sharing 
    technologies and the risk to Federal users if unlicensed U-NII 
    devices were allowed to operate in the 5350-5470 MHz band and in 
    the 5850-5925 MHz band.
        (2) Submission.--The Assistant Secretary shall submit to the 
    Commission and the Committee on Energy and Commerce of the House of 
    Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate--
            (A) not later than 8 months after the date of the enactment 
        of this Act, a report on the portion of the study required by 
        paragraph (1) with respect to the 5350-5470 MHz band; and
            (B) not later than 18 months after the date of the 
        enactment of this Act, a report on the portion of the study 
        required by paragraph (1) with respect to the 5850-5925 MHz 
        band.
    (c) Definitions.--In this section:
        (1) 5350-5470 mhz band.--The term ``5350-5470 MHz band'' means 
    the portion of the electromagnetic spectrum between the frequencies 
    from 5350 megahertz to 5470 megahertz.
        (2) 5850-5925 mhz band.--The term ``5850-5925 MHz band'' means 
    the portion of the electromagnetic spectrum between the frequencies 
    from 5850 megahertz to 5925 megahertz.
SEC. 6407. GUARD BANDS AND UNLICENSED USE.
    (a) In General.--Nothing in subparagraph (G) of section 309(j)(8) 
of the Communications Act of 1934, as added by section 6402, or in 
section 6403 shall be construed to prevent the Commission from using 
relinquished or other spectrum to implement band plans with guard 
bands.
    (b) Size of Guard Bands.--Such guard bands shall be no larger than 
is technically reasonable to prevent harmful interference between 
licensed services outside the guard bands.
    (c) Unlicensed Use in Guard Bands.--The Commission may permit the 
use of such guard bands for unlicensed use.
    (d) Database.--Unlicensed use shall rely on a database or 
subsequent methodology as determined by the Commission.
    (e) Protections Against Harmful Interference.--The Commission may 
not permit any use of a guard band that the Commission determines would 
cause harmful interference to licensed services.
SEC. 6408. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFICIENCY.
    (a) In General.--The Comptroller General of the United States shall 
conduct a study to consider efforts to ensure that each transmission 
system is designed and operated so that reasonable use of adjacent 
spectrum does not excessively impair the functioning of such system.
    (b) Required Considerations.--In conducting the study required by 
subsection (a), the Comptroller General shall consider--
        (1) the value of--
            (A) improving receiver performance as it relates to 
        increasing spectral efficiency;
            (B) improving the operation of services that are located in 
        adjacent spectrum; and
            (C) narrowing the guard bands between adjacent spectrum 
        use;
        (2) the role of manufacturers, commercial licensees, and 
    government users with respect to their transmission systems and the 
    use of adjacent spectrum;
        (3) the feasibility of industry self-compliance with respect to 
    the design and operational requirements of transmission systems and 
    the reasonable use of adjacent spectrum; and
        (4) the value of action by the Commission and the Assistant 
    Secretary to establish, by rule, technical requirements or 
    standards for non-Federal and Federal use, respectively, with 
    respect to the reasonable use of portions of the radio spectrum 
    that are adjacent to each other.
    (c) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Comptroller General shall submit a report on the 
results of the study required by subsection (a) to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate.
    (d) Transmission System Defined.--In this section, the term 
``transmission system'' means any telecommunications, broadcast, 
satellite, commercial mobile service, or other communications system 
that employs radio spectrum.
SEC. 6409. WIRELESS FACILITIES DEPLOYMENT.
    (a) Facility Modifications.--
        (1) In general.--Notwithstanding section 704 of the 
    Telecommunications Act of 1996 (Public Law 104-104) or any other 
    provision of law, a State or local government may not deny, and 
    shall approve, any eligible facilities request for a modification 
    of an existing wireless tower or base station that does not 
    substantially change the physical dimensions of such tower or base 
    station.
        (2) Eligible facilities request.--For purposes of this 
    subsection, the term ``eligible facilities request'' means any 
    request for modification of an existing wireless tower or base 
    station that involves--
            (A) collocation of new transmission equipment;
            (B) removal of transmission equipment; or
            (C) replacement of transmission equipment.
        (3) Applicability of environmental laws.--Nothing in paragraph 
    (1) shall be construed to relieve the Commission from the 
    requirements of the National Historic Preservation Act or the 
    National Environmental Policy Act of 1969.
    (b) Federal Easements and Rights-of-way.--
        (1) Grant.--If an executive agency, a State, a political 
    subdivision or agency of a State, or a person, firm, or 
    organization applies for the grant of an easement or right-of-way 
    to, in, over, or on a building or other property owned by the 
    Federal Government for the right to install, construct, and 
    maintain wireless service antenna structures and equipment and 
    backhaul transmission equipment, the executive agency having 
    control of the building or other property may grant to the 
    applicant, on behalf of the Federal Government, an easement or 
    right-of-way to perform such installation, construction, and 
    maintenance.
        (2) Application.--The Administrator of General Services shall 
    develop a common form for applications for easements and rights-of-
    way under paragraph (1) for all executive agencies that shall be 
    used by applicants with respect to the buildings or other property 
    of each such agency.
        (3) Fee.--
            (A) In general.--Notwithstanding any other provision of 
        law, the Administrator of General Services shall establish a 
        fee for the grant of an easement or right-of-way pursuant to 
        paragraph (1) that is based on direct cost recovery.
            (B) Exceptions.--The Administrator of General Services may 
        establish exceptions to the fee amount required under 
        subparagraph (A)--
                (i) in consideration of the public benefit provided by 
            a grant of an easement or right-of-way; and
                (ii) in the interest of expanding wireless and 
            broadband coverage.
        (4) Use of fees collected.--Any fee amounts collected by an 
    executive agency pursuant to paragraph (3) may be made available, 
    as provided in appropriations Acts, to such agency to cover the 
    costs of granting the easement or right-of-way.
    (c) Master Contracts for Wireless Facility Sitings.--
        (1) In general.--Notwithstanding section 704 of the 
    Telecommunications Act of 1996 or any other provision of law, and 
    not later than 60 days after the date of the enactment of this Act, 
    the Administrator of General Services shall--
            (A) develop 1 or more master contracts that shall govern 
        the placement of wireless service antenna structures on 
        buildings and other property owned by the Federal Government; 
        and
            (B) in developing the master contract or contracts, 
        standardize the treatment of the placement of wireless service 
        antenna structures on building rooftops or facades, the 
        placement of wireless service antenna equipment on rooftops or 
        inside buildings, the technology used in connection with 
        wireless service antenna structures or equipment placed on 
        Federal buildings and other property, and any other key issues 
        the Administrator of General Services considers appropriate.
        (2) Applicability.--The master contract or contracts developed 
    by the Administrator of General Services under paragraph (1) shall 
    apply to all publicly accessible buildings and other property owned 
    by the Federal Government, unless the Administrator of General 
    Services decides that issues with respect to the siting of a 
    wireless service antenna structure on a specific building or other 
    property warrant nonstandard treatment of such building or other 
    property.
        (3) Application.--The Administrator of General Services shall 
    develop a common form or set of forms for wireless service antenna 
    structure siting applications under this subsection for all 
    executive agencies that shall be used by applicants with respect to 
    the buildings and other property of each such agency.
    (d) Executive Agency Defined.--In this section, the term 
``executive agency'' has the meaning given such term in section 102 of 
title 40, United States Code.
SEC. 6410. FUNCTIONAL RESPONSIBILITY OF NTIA TO ENSURE EFFICIENT USE OF 
SPECTRUM.
    Section 103(b)(2) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 902(b)(2)) is 
amended by adding at the end the following:
            ``(U) The responsibility to promote the best possible and 
        most efficient use of electromagnetic spectrum resources across 
        the Federal Government, subject to and consistent with the 
        needs and missions of Federal agencies.''.
SEC. 6411. SYSTEM CERTIFICATION.
    Not later than 6 months after the date of the enactment of this 
Act, the Director of the Office of Management and Budget shall update 
and revise section 33.4 of OMB Circular A-11 to reflect the 
recommendations regarding such Circular made in the Commerce Spectrum 
Management Advisory Committee Incentive Subcommittee report, adopted 
January 11, 2011.
SEC. 6412. DEPLOYMENT OF 11 GHZ, 18 GHZ, AND 23 GHZ MICROWAVE BANDS.
    (a) FCC Report on Rejection Rate.--Not later than 9 months after 
the date of the enactment of this Act, the Commission shall submit to 
the Committee on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transportation of the 
Senate a report on the rejection rate for the spectrum described in 
subsection (c).
    (b) GAO Study on Deployment.--
        (1) In general.--The Comptroller General of the United States 
    shall conduct a study to assess whether the spectrum described in 
    subsection (c) is being deployed in such a manner that, in areas 
    with high demand for common carrier licenses for the use of such 
    spectrum, market forces--
            (A) provide adequate incentive for the efficient use of 
        such spectrum; and
            (B) ensure that the Federal Government receives maximum 
        revenue for such spectrum through competitive bidding under 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)).
        (2) Factors for consideration.--In conducting the study 
    required by paragraph (1), the Comptroller General shall take into 
    consideration--
            (A) spectrum that is adjacent to the spectrum described in 
        subsection (c) and that was assigned through competitive 
        bidding under section 309(j) of the Communications Act of 1934; 
        and
            (B) the rejection rate for the spectrum described in 
        subsection (c), current as of the time of the assessment and as 
        projected for the future, in markets in which there is a high 
        demand for common carrier licenses for the use of such 
        spectrum.
        (3) Report.--Not later than 9 months after the date of the 
    enactment of this Act, the Comptroller General shall submit a 
    report on the study required by paragraph (1) to--
            (A) the Commission; and
            (B) the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate.
    (c) Spectrum Described.--The spectrum described in this subsection 
is the portions of the electromagnetic spectrum between the frequencies 
from 10,700 megahertz to 11,700 megahertz, from 17,700 megahertz to 
19,700 megahertz, and from 21,200 megahertz to 23,600 megahertz.
    (d) Rejection Rate Defined.--In this section, the term ``rejection 
rate'' means the number and percent of applications (whether made to 
the Commission or to a third-party coordinator) for common carrier use 
of spectrum that were not granted because of lack of availability of 
such spectrum or interference concerns of existing licensees.
    (e) No Additional Funds Authorized.--Funds necessary to carry out 
this section shall be derived from funds otherwise authorized to be 
appropriated.
SEC. 6413. PUBLIC SAFETY TRUST FUND.
    (a) Establishment of Public Safety Trust Fund.--
        (1) In general.--There is established in the Treasury of the 
    United States a trust fund to be known as the Public Safety Trust 
    Fund.
        (2) Availability.--Amounts deposited in the Public Safety Trust 
    Fund shall remain available through fiscal year 2022. Any amounts 
    remaining in the Fund after the end of such fiscal year shall be 
    deposited in the general fund of the Treasury, where such amounts 
    shall be dedicated for the sole purpose of deficit reduction.
    (b) Use of Fund.--As amounts are deposited in the Public Safety 
Trust Fund, such amounts shall be used to make the following deposits 
or payments in the following order of priority:
        (1) Repayment of amount borrowed for first responder network 
    authority.--An amount not to exceed $2,000,000,000 shall be 
    available to the NTIA to reimburse the general fund of the Treasury 
    for any amounts borrowed under section 6207.
        (2) State and local implementation fund.--$135,000,000 shall be 
    deposited in the State and Local Implementation Fund established by 
    section 6301.
        (3) Buildout by first responder network authority.--
    $7,000,000,000, reduced by the amount borrowed under section 6207, 
    shall be deposited in the Network Construction Fund established by 
    section 6206.
        (4) Public safety research.--$100,000,000 shall be available to 
    the Director of NIST to carry out section 6303.
        (5) Deficit reduction.--$20,400,000,000 shall be deposited in 
    the general fund of the Treasury, where such amount shall be 
    dedicated for the sole purpose of deficit reduction.
        (6) 9-1-1, e9-1-1, and next generation 9-1-1 implementation 
    grants.--$115,000,000 shall be available to the Assistant Secretary 
    and the Administrator of the National Highway Traffic Safety 
    Administration to carry out the grant program under section 158 of 
    the National Telecommunications and Information Administration 
    Organization Act, as amended by section 6503 of this title.
        (7) Additional public safety research.--$200,000,000 shall be 
    available to the Director of NIST to carry out section 6303.
        (8) Additional deficit reduction.--Any remaining amounts 
    deposited in the Public Safety Trust Fund shall be deposited in the 
    general fund of the Treasury, where such amounts shall be dedicated 
    for the sole purpose of deficit reduction.
    (c) Investment.--Amounts in the Public Safety Trust Fund shall be 
invested in accordance with section 9702 of title 31, United States 
Code, and any interest on, and proceeds from, any such investment shall 
be credited to, and become a part of, the Fund.
SEC. 6414. STUDY ON EMERGENCY COMMUNICATIONS BY AMATEUR RADIO AND 
IMPEDIMENTS TO AMATEUR RADIO COMMUNICATIONS.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Commission, in consultation with the Office 
of Emergency Communications in the Department of Homeland Security, 
shall--
        (1) complete a study on the uses and capabilities of amateur 
    radio service communications in emergencies and disaster relief; 
    and
        (2) submit to the Committee on Energy and Commerce of the House 
    of Representatives and the Committee on Commerce, Science, and 
    Transportation of the Senate a report on the findings of such 
    study.
    (b) Contents.--The study required by subsection (a) shall include--
        (1)(A) a review of the importance of emergency amateur radio 
    service communications relating to disasters, severe weather, and 
    other threats to lives and property in the United States; and
        (B) recommendations for--
            (i) enhancements in the voluntary deployment of amateur 
        radio operators in disaster and emergency communications and 
        disaster relief efforts; and
            (ii) improved integration of amateur radio operators in the 
        planning and furtherance of initiatives of the Federal 
        Government; and
        (2)(A) an identification of impediments to enhanced amateur 
    radio service communications, such as the effects of unreasonable 
    or unnecessary private land use restrictions on residential antenna 
    installations; and
        (B) recommendations regarding the removal of such impediments.
    (c) Expertise.--In conducting the study required by subsection (a), 
the Commission shall use the expertise of stakeholder entities and 
organizations, including the amateur radio, emergency response, and 
disaster communications communities.

       Subtitle E--Next Generation 9-1-1 Advancement Act of 2012

SEC. 6501. SHORT TITLE.
    This subtitle may be cited as the ``Next Generation 9-1-1 
Advancement Act of 2012''.
SEC. 6502. DEFINITIONS.
    In this subtitle, the following definitions shall apply:
        (1) 9-1-1 services and e9-1-1 services.--The terms ``9-1-1 
    services'' and ``E9-1-1 services'' shall have the meaning given 
    those terms in section 158 of the National Telecommunications and 
    Information Administration Organization Act (47 U.S.C. 942), as 
    amended by this subtitle.
        (2) Multi-line telephone system.--The term ``multi-line 
    telephone system'' or ``MLTS'' means a system comprised of common 
    control units, telephone sets, control hardware and software and 
    adjunct systems, including network and premises based systems, such 
    as Centrex and VoIP, as well as PBX, Hybrid, and Key Telephone 
    Systems (as classified by the Commission under part 68 of title 47, 
    Code of Federal Regulations), and includes systems owned or leased 
    by governmental agencies and non-profit entities, as well as for 
    profit businesses.
        (3) Office.--The term ``Office'' means the 9-1-1 Implementation 
    Coordination Office established under section 158 of the National 
    Telecommunications and Information Administration Organization Act 
    (47 U.S.C. 942), as amended by this subtitle.
SEC. 6503. COORDINATION OF 9-1-1 IMPLEMENTATION.
    Section 158 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942) is amended to read as 
follows:
    ``SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-
      1 IMPLEMENTATION.
    ``(a) 9-1-1 Implementation Coordination Office.--
        ``(1) Establishment and continuation.--The Assistant Secretary 
    and the Administrator of the National Highway Traffic Safety 
    Administration shall--
            ``(A) establish and further a program to facilitate 
        coordination and communication between Federal, State, and 
        local emergency communications systems, emergency personnel, 
        public safety organizations, telecommunications carriers, and 
        telecommunications equipment manufacturers and vendors involved 
        in the implementation of 9-1-1 services; and
            ``(B) establish a 9-1-1 Implementation Coordination Office 
        to implement the provisions of this section.
        ``(2) 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 90 days after 
        the date of enactment of the Next Generation 9-1-1 Advancement 
        Act of 2012, the Assistant Secretary and the Administrator 
        shall 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.
        ``(3) Purpose of office.--The Office shall--
            ``(A) take actions, in concert with coordinators designated 
        in accordance with subsection (b)(3)(A)(ii), to improve 
        coordination and communication with respect to the 
        implementation of 9-1-1 services, E9-1-1 services, and Next 
        Generation 9-1-1 services;
            ``(B) develop, collect, and disseminate information 
        concerning practices, procedures, and technology used in the 
        implementation of 9-1-1 services, E9-1-1 services, and Next 
        Generation 9-1-1 services;
            ``(C) advise and assist eligible entities in the 
        preparation of implementation plans required under subsection 
        (b)(3)(A)(iii);
            ``(D) receive, review, and recommend the approval or 
        disapproval of applications for grants under subsection (b); 
        and
            ``(E) oversee the use of funds provided by such grants in 
        fulfilling such implementation plans.
        ``(4) Reports.--The Assistant Secretary and the Administrator 
    shall provide an annual report to Congress by the first day of 
    October of each year on the activities of the Office to improve 
    coordination and communication with respect to the implementation 
    of 9-1-1 services, E9-1-1 services, and Next Generation 9-1-1 
    services.
    ``(b) 9-1-1, E9-1-1, and Next Generation 9-1-1 Implementation 
Grants.--
        ``(1) Matching grants.--The Assistant Secretary and the 
    Administrator, acting through the Office, shall provide grants to 
    eligible entities for--
            ``(A) the implementation and operation of 9-1-1 services, 
        E9-1-1 services, migration to an IP-enabled emergency network, 
        and adoption and operation of Next Generation 9-1-1 services 
        and applications;
            ``(B) the implementation of IP-enabled emergency services 
        and applications enabled by Next Generation 9-1-1 services, 
        including the establishment of IP backbone networks and the 
        application layer software infrastructure needed to 
        interconnect the multitude of emergency response organizations; 
        and
            ``(C) training public safety personnel, including call-
        takers, first responders, and other individuals and 
        organizations who are part of the emergency response chain in 
        9-1-1 services.
        ``(2) Matching requirement.--The Federal share of the cost of a 
    project eligible for a grant under this section shall not exceed 60 
    percent.
        ``(3) Coordination required.--In providing grants under 
    paragraph (1), the Assistant Secretary and the Administrator shall 
    require an eligible entity to certify in its application that--
            ``(A) in the case of an eligible entity that is a State 
        government, the entity--
                ``(i) has coordinated its application with the public 
            safety answering points located within the jurisdiction of 
            such entity;
                ``(ii) has designated a single officer or governmental 
            body of the entity to serve as the coordinator of 
            implementation of 9-1-1 services, except that such 
            designation need not vest such coordinator with direct 
            legal authority to implement 9-1-1 services, E9-1-1 
            services, or Next Generation 9-1-1 services or to manage 
            emergency communications operations;
                ``(iii) has established a plan for the coordination and 
            implementation of 9-1-1 services, E9-1-1 services, and Next 
            Generation 9-1-1 services; and
                ``(iv) has integrated telecommunications services 
            involved in the implementation and delivery of 9-1-1 
            services, E9-1-1 services, and Next Generation 9-1-1 
            services; or
            ``(B) in the case of an eligible entity that is not a 
        State, the entity has complied with clauses (i), (iii), and 
        (iv) of subparagraph (A), and the State in which it is located 
        has complied with clause (ii) of such subparagraph.
        ``(4) Criteria.--Not later than 120 days after the date of 
    enactment of the Next Generation 9-1-1 Advancement Act of 2012, 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 section. The criteria shall include performance requirements 
    and a timeline for completion of any project to be financed by a 
    grant under this section. The Assistant Secretary and the 
    Administrator shall update such regulations as necessary.
    ``(c) Diversion of 9-1-1 Charges.--
        ``(1) Designated 9-1-1 charges.--For the purposes of this 
    subsection, the term `designated 9-1-1 charges' means any taxes, 
    fees, or other charges imposed by a State or other taxing 
    jurisdiction that are designated or presented as dedicated to 
    deliver or improve 9-1-1 services, E9-1-1 services, or Next 
    Generation 9-1-1 services.
        ``(2) Certification.--Each applicant for a matching grant under 
    this section shall certify to the Assistant Secretary and the 
    Administrator at the time of application, and each applicant that 
    receives such a grant shall certify to the Assistant Secretary and 
    the Administrator annually thereafter during any period of time 
    during which the funds from the grant are available to the 
    applicant, that no portion of any designated 9-1-1 charges imposed 
    by a State or other taxing jurisdiction within which the applicant 
    is located are being obligated or expended for any purpose other 
    than the purposes for which such charges are designated or 
    presented during the period beginning 180 days immediately 
    preceding the date of the application and continuing through the 
    period of time during which the funds from the grant are available 
    to the applicant.
        ``(3) Condition of grant.--Each applicant for a grant under 
    this section shall agree, as a condition of receipt of the grant, 
    that if the State or other taxing jurisdiction within which the 
    applicant is located, during any period of time during which the 
    funds from the grant are available to the applicant, obligates or 
    expends designated 9-1-1 charges for any purpose other than the 
    purposes for which such charges are designated or presented, 
    eliminates such charges, or redesignates such charges for purposes 
    other than the implementation or operation of 9-1-1 services, E9-1-
    1 services, or Next Generation 9-1-1 services, all of the funds 
    from such grant shall be returned to the Office.
        ``(4) Penalty for providing false information.--Any applicant 
    that provides a certification under paragraph (2) knowing that the 
    information provided in the certification was false shall--
            ``(A) not be eligible to receive the grant under subsection 
        (b);
            ``(B) return any grant awarded under subsection (b) during 
        the time that the certification was not valid; and
            ``(C) not be eligible to receive any subsequent grants 
        under subsection (b).
    ``(d) Funding and Termination.--
        ``(1) In general.--From the amounts made available to the 
    Assistant Secretary and the Administrator under section 6413(b)(6) 
    of the Middle Class Tax Relief and Job Creation Act of 2012, the 
    Assistant Secretary and the Administrator are authorized to provide 
    grants under this section through the end of fiscal year 2022. Not 
    more than 5 percent of such amounts may be obligated or expended to 
    cover the administrative costs of carrying out this section.
        ``(2) Termination.--Effective on October 1, 2022, the authority 
    provided by this section terminates and this section shall have no 
    effect.
    ``(e) Definitions.--In this section, the following definitions 
shall apply:
        ``(1) 9-1-1 services.--The term `9-1-1 services' includes both 
    E9-1-1 services and Next Generation 9-1-1 services.
        ``(2) E9-1-1 services.--The term `E9-1-1 services' means both 
    phase I and phase II enhanced 9-1-1 services, as described in 
    section 20.18 of the Commission's regulations (47 C.F.R. 20.18), as 
    in effect on the date of enactment of the Next Generation 9-1-1 
    Advancement Act of 2012, or as subsequently revised by the 
    Commission.
        ``(3) Eligible entity.--
            ``(A) In general.--The term `eligible entity' means a State 
        or local government or a tribal organization (as defined in 
        section 4(l) of the Indian Self-Determination and Education 
        Assistance Act (25 U.S.C. 450b(l))).
            ``(B) Instrumentalities.--The term `eligible entity' 
        includes public authorities, boards, commissions, and similar 
        bodies created by one or more eligible entities described in 
        subparagraph (A) to provide 9-1-1 services, E9-1-1 services, or 
        Next Generation 9-1-1 services.
            ``(C) Exception.--The term `eligible entity' does not 
        include any entity that has failed to submit the most recently 
        required certification under subsection (c) within 30 days 
        after the date on which such certification is due.
        ``(4) Emergency call.--The term `emergency call' refers to any 
    real-time communication with a public safety answering point or 
    other emergency management or response agency, including--
            ``(A) through voice, text, or video and related data; and
            ``(B) nonhuman-initiated automatic event alerts, such as 
        alarms, telematics, or sensor data, which may also include 
        real-time voice, text, or video communications.
        ``(5) Next generation 9-1-1 services.--The term `Next 
    Generation 9-1-1 services' means an IP-based system comprised of 
    hardware, software, data, and operational policies and procedures 
    that--
            ``(A) provides standardized interfaces from emergency call 
        and message services to support emergency communications;
            ``(B) processes all types of emergency calls, including 
        voice, data, and multimedia information;
            ``(C) acquires and integrates additional emergency call 
        data useful to call routing and handling;
            ``(D) delivers the emergency calls, messages, and data to 
        the appropriate public safety answering point and other 
        appropriate emergency entities;
            ``(E) supports data or video communications needs for 
        coordinated incident response and management; and
            ``(F) provides broadband service to public safety answering 
        points or other first responder entities.
        ``(6) Office.--The term `Office' means the 9-1-1 Implementation 
    Coordination Office.
        ``(7) Public safety answering point.--The term `public safety 
    answering point' has the meaning given the term in section 222 of 
    the Communications Act of 1934 (47 U.S.C. 222).
        ``(8) 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.''.
SEC. 6504. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS.
    (a) In General.--Not later than 270 days after the date of the 
enactment of this Act, the Administrator of General Services, in 
conjunction with the Office, shall issue a report to Congress 
identifying the 9-1-1 capabilities of the multi-line telephone system 
in use by all Federal agencies in all Federal buildings and properties.
    (b) Commission Action.--
        (1) In general.--Not later than 90 days after the date of the 
    enactment of this Act, the Commission shall issue a public notice 
    seeking comment on the feasibility of MLTS manufacturers including 
    within all such systems manufactured or sold after a date certain, 
    to be determined by the Commission, one or more mechanisms to 
    provide a sufficiently precise indication of a 9-1-1 caller's 
    location, while avoiding the imposition of undue burdens on MLTS 
    manufacturers, providers, and operators.
        (2) Specific requirement.--The public notice under paragraph 
    (1) shall seek comment on the National Emergency Number 
    Association's ``Technical Requirements Document On Model 
    Legislation E9-1-1 for Multi-Line Telephone Systems'' (NENA 06-750, 
    Version 2).
SEC. 6505. GAO STUDY OF STATE AND LOCAL USE OF 9-1-1 SERVICE CHARGES.
    (a) In General.--Not later than 60 days after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall initiate a study of--
        (1) the imposition of taxes, fees, or other charges imposed by 
    States or political subdivisions of States that are designated or 
    presented as dedicated to improve emergency communications 
    services, including 9-1-1 services or enhanced 9-1-1 services, or 
    related to emergency communications services operations or 
    improvements; and
        (2) the use of revenues derived from such taxes, fees, or 
    charges.
    (b) Report.--Not later than 18 months after initiating the study 
required by subsection (a), the Comptroller General shall prepare and 
submit a report on the results of the study to the Committee on 
Commerce, Science, and Transportation of the Senate and the Committee 
on Energy and Commerce of the House of Representatives setting forth 
the findings, conclusions, and recommendations, if any, of the study, 
including--
        (1) the identity of each State or political subdivision that 
    imposes such taxes, fees, or other charges; and
        (2) the amount of revenues obligated or expended by that State 
    or political subdivision for any purpose other than the purposes 
    for which such taxes, fees, or charges were designated or 
    presented.
SEC. 6506. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT GENERATION 
9-1-1 SERVICES.
    (a) Immunity.--A provider or user of Next Generation 9-1-1 
services, a public safety answering point, and the officers, directors, 
employees, vendors, agents, and authorizing government entity (if any) 
of such provider, user, or public safety answering point, shall have 
immunity and protection from liability under Federal and State law to 
the extent provided in subsection (b) with respect to--
        (1) the release of subscriber information related to emergency 
    calls or emergency services;
        (2) the use or provision of 9-1-1 services, E9-1-1 services, or 
    Next Generation 9-1-1 services; and
        (3) other matters related to 9-1-1 services, E9-1-1 services, 
    or Next Generation 9-1-1 services.
    (b) Scope of Immunity and Protection From Liability.--The scope and 
extent of the immunity and protection from liability afforded under 
subsection (a) shall be the same as that provided under section 4 of 
the Wireless Communications and Public Safety Act of 1999 (47 U.S.C. 
615a) to wireless carriers, public safety answering points, and users 
of wireless 9-1-1 service (as defined in paragraphs (4), (3), and (6), 
respectively, of section 6 of that Act (47 U.S.C. 615b)) with respect 
to such release, use, and other matters.
SEC. 6507. COMMISSION PROCEEDING ON AUTODIALING.
    (a) In General.--Not later than 90 days after the date of the 
enactment of this Act, the Commission shall initiate a proceeding to 
create a specialized Do-Not-Call registry for public safety answering 
points.
    (b) Features of the Registry.--The Commission shall issue 
regulations, after providing the public with notice and an opportunity 
to comment, that--
        (1) permit verified public safety answering point 
    administrators or managers to register the telephone numbers of all 
    9-1-1 trunks and other lines used for the provision of emergency 
    services to the public or for communications between public safety 
    agencies;
        (2) provide a process for verifying, no less frequently than 
    once every 7 years, that registered numbers should continue to 
    appear upon the registry;
        (3) provide a process for granting and tracking access to the 
    registry by the operators of automatic dialing equipment;
        (4) protect the list of registered numbers from disclosure or 
    dissemination by parties granted access to the registry; and
        (5) prohibit the use of automatic dialing or ``robocall'' 
    equipment to establish contact with registered numbers.
    (c) Enforcement.--The Commission shall--
        (1) establish monetary penalties for violations of the 
    protective regulations established pursuant to subsection (b)(4) of 
    not less than $100,000 per incident nor more than $1,000,000 per 
    incident;
        (2) establish monetary penalties for violations of the 
    prohibition on automatically dialing registered numbers established 
    pursuant to subsection (b)(5) of not less than $10,000 per call nor 
    more than $100,000 per call; and
        (3) provide for the imposition of fines under paragraphs (1) or 
    (2) that vary depending upon whether the conduct leading to the 
    violation was negligent, grossly negligent, reckless, or willful, 
    and depending on whether the violation was a first or subsequent 
    offence.
SEC. 6508. REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF NEXT 
GENERATION 9-1-1 SERVICES.
    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Office, in consultation with the 
Administrator of the National Highway Traffic Safety Administration, 
the Commission, and the Secretary of Homeland Security, shall prepare 
and submit a report to Congress that analyzes and determines detailed 
costs for specific Next Generation 9-1-1 service requirements and 
specifications.
    (b) Purpose of Report.--The purpose of the report required under 
subsection (a) is to serve as a resource for Congress as it considers 
creating a coordinated, long-term funding mechanism for the deployment 
and operation, accessibility, application development, equipment 
procurement, and training of personnel for Next Generation 9-1-1 
services.
    (c) Required Inclusions.--The report required under subsection (a) 
shall include the following:
        (1) How costs would be broken out geographically and allocated 
    among public safety answering points, broadband service providers, 
    and third-party providers of Next Generation 9-1-1 services.
        (2) An assessment of the current state of Next Generation 9-1-1 
    service readiness among public safety answering points.
        (3) How differences in public safety answering points' access 
    to broadband across the United States may affect costs.
        (4) A technical analysis and cost study of different delivery 
    platforms, such as wireline, wireless, and satellite.
        (5) An assessment of the architectural characteristics, 
    feasibility, and limitations of Next Generation 9-1-1 service 
    delivery.
        (6) An analysis of the needs for Next Generation 9-1-1 services 
    of persons with disabilities.
        (7) Standards and protocols for Next Generation 9-1-1 services 
    and for incorporating Voice over Internet Protocol and ``Real-Time 
    Text'' standards.
SEC. 6509. COMMISSION RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK 
FOR NEXT GENERATION 9-1-1 SERVICES.
    Not later than 1 year after the date of the enactment of this Act, 
the Commission, in coordination with the Secretary of Homeland 
Security, the Administrator of the National Highway Traffic Safety 
Administration, and the Office, shall prepare and submit a report to 
Congress that contains recommendations for the legal and statutory 
framework for Next Generation 9-1-1 services, consistent with 
recommendations in the National Broadband Plan developed by the 
Commission pursuant to the American Recovery and Reinvestment Act of 
2009, including the following:
        (1) A legal and regulatory framework for the development of 
    Next Generation 9-1-1 services and the transition from legacy 9-1-1 
    to Next Generation 9-1-1 networks.
        (2) Legal mechanisms to ensure efficient and accurate 
    transmission of 9-1-1 caller information to emergency response 
    agencies.
        (3) Recommendations for removing jurisdictional barriers and 
    inconsistent legacy regulations including--
            (A) proposals that would require States to remove 
        regulatory roadblocks to Next Generation 9-1-1 services 
        development, while recognizing existing State authority over 9-
        1-1 services;
            (B) eliminating outdated 9-1-1 regulations at the Federal 
        level; and
            (C) preempting inconsistent State regulations.

            Subtitle F--Telecommunications Development Fund

SEC. 6601. NO ADDITIONAL FEDERAL FUNDS.
    Section 309(j)(8)(C)(iii) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows:
                ``(iii) the interest accrued to the account shall be 
            deposited in the general fund of the Treasury, where such 
            amount shall be dedicated for the sole purpose of deficit 
            reduction.''.
SEC. 6602. INDEPENDENCE OF THE FUND.
    Section 714 of the Communications Act of 1934 (47 U.S.C. 614) is 
amended--
        (1) by striking subsection (c) and inserting the following:
    ``(c) Independent Board of Directors.--The Fund shall have a Board 
of Directors consisting of 5 people with experience in areas including 
finance, investment banking, government banking, communications law and 
administrative practice, and public policy. The Board of Directors 
shall select annually a Chair from among the directors. A nominating 
committee, comprised of the Chair and 2 other directors selected by the 
Chair, shall appoint additional directors. The Fund's bylaws shall 
regulate the other aspects of the Board of Directors, including 
provisions relating to meetings, quorums, committees, and other 
matters, all as typically contained in the bylaws of a similar private 
investment fund.'';
        (2) in subsection (d)--
            (A) by striking ``(after consultation with the Commission 
        and the Secretary of the Treasury)'';
            (B) by striking paragraph (1); and
            (C) by redesignating paragraphs (2) through (4) as 
        paragraphs (1) through (3), respectively; and
        (3) in subsection (g), by striking ``subsection (d)(2)'' and 
    inserting ``subsection (d)(1)''.

                Subtitle G--Federal Spectrum Relocation

SEC. 6701. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT 
STATIONS.
    (a) In General.--Section 113 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 923) is 
amended--
        (1) in subsection (g)--
            (A) by striking the heading and inserting ``Relocation of 
        and Spectrum Sharing by Federal Government Stations.--'';
            (B) by amending paragraph (1) to read as follows:
        ``(1) Eligible federal entities.--Any Federal entity that 
    operates a Federal Government station authorized to use a band of 
    eligible frequencies described in paragraph (2) and that incurs 
    relocation or sharing costs because of planning for an auction of 
    spectrum frequencies or the reallocation of spectrum frequencies 
    from Federal use to exclusive non-Federal use or to shared use 
    shall receive payment for such relocation or sharing costs from the 
    Spectrum Relocation Fund, in accordance with this section and 
    section 118. For purposes of this paragraph, Federal power agencies 
    exempted under subsection (c)(4) that choose to relocate from the 
    frequencies identified for reallocation pursuant to subsection (a) 
    are eligible to receive payment under this paragraph.'';
            (C) by amending paragraph (2)(B) to read as follows:
            ``(B) any other band of frequencies reallocated from 
        Federal use to non-Federal use or to shared use after January 
        1, 2003, that is assigned by competitive bidding pursuant to 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)).'';
            (D) by amending paragraph (3) to read as follows:
        ``(3) Relocation or sharing costs defined.--
            ``(A) In general.--For purposes of this section and section 
        118, the term `relocation or sharing costs' means the costs 
        incurred by a Federal entity in connection with the auction of 
        spectrum frequencies previously assigned to such entity or the 
        sharing of spectrum frequencies assigned to such entity 
        (including the auction or a planned auction of the rights to 
        use spectrum frequencies on a shared basis with such entity) in 
        order to achieve comparable capability of systems as before the 
        relocation or sharing arrangement. Such term includes, with 
        respect to relocation or sharing, as the case may be--
                ``(i) the costs of any modification or replacement of 
            equipment, spares, associated ancillary equipment, 
            software, facilities, operating manuals, training, or 
            compliance with regulations that are attributable to 
            relocation or sharing;
                ``(ii) the costs of all engineering, equipment, 
            software, site acquisition, and construction, as well as 
            any legitimate and prudent transaction expense, including 
            term-limited Federal civil servant and contractor staff 
            necessary to carry out the relocation or sharing activities 
            of a Federal entity, and reasonable additional costs 
            incurred by the Federal entity that are attributable to 
            relocation or sharing, including increased recurring costs 
            associated with the replacement of facilities;
                ``(iii) the costs of research, engineering studies, 
            economic analyses, or other expenses reasonably incurred in 
            connection with--

                    ``(I) calculating the estimated relocation or 
                sharing costs that are provided to the Commission 
                pursuant to paragraph (4)(A);
                    ``(II) determining the technical or operational 
                feasibility of relocation to 1 or more potential 
                relocation bands; or
                    ``(III) planning for or managing a relocation or 
                sharing arrangement (including spectrum coordination 
                with auction winners);

                ``(iv) the one-time costs of any modification of 
            equipment reasonably necessary--

                    ``(I) to accommodate non-Federal use of shared 
                frequencies; or
                    ``(II) in the case of eligible frequencies 
                reallocated for exclusive non-Federal use and assigned 
                through a system of competitive bidding under section 
                309(j) of the Communications Act of 1934 (47 U.S.C. 
                309(j)) but with respect to which a Federal entity 
                retains primary allocation or protected status for a 
                period of time after the completion of the competitive 
                bidding process, to accommodate shared Federal and non-
                Federal use of such frequencies for such period; and

                ``(v) the costs associated with the accelerated 
            replacement of systems and equipment if the acceleration is 
            necessary to ensure the timely relocation of systems to a 
            new frequency assignment or the timely accommodation of 
            sharing of Federal frequencies.
            ``(B) Comparable capability of systems.--For purposes of 
        subparagraph (A), comparable capability of systems--
                ``(i) may be achieved by relocating a Federal 
            Government station to a new frequency assignment, by 
            relocating a Federal Government station to a different 
            geographic location, by modifying Federal Government 
            equipment to mitigate interference or use less spectrum, in 
            terms of bandwidth, geography, or time, and thereby 
            permitting spectrum sharing (including sharing among 
            relocated Federal entities and incumbents to make spectrum 
            available for non-Federal use) or relocation, or by 
            utilizing an alternative technology; and
                ``(ii) includes the acquisition of state-of-the-art 
            replacement systems intended to meet comparable operational 
            scope, which may include incidental increases in 
            functionality.'';
            (E) in paragraph (4)--
                (i) in the heading, by striking ``relocations costs'' 
            and inserting ``relocation or sharing costs'';
                (ii) by striking ``relocation costs'' each place it 
            appears and inserting ``relocation or sharing costs''; and
                (iii) in subparagraph (A), by inserting ``or sharing'' 
            after ``such relocation'';
            (F) in paragraph (5)--
                (i) by striking ``relocation costs'' and inserting 
            ``relocation or sharing costs''; and
                (ii) by inserting ``or sharing'' after ``for 
            relocation''; and
            (G) by amending paragraph (6) to read as follows:
        ``(6) Implementation of procedures.--The NTIA shall take such 
    actions as necessary to ensure the timely relocation of Federal 
    entities' spectrum-related operations from frequencies described in 
    paragraph (2) to frequencies or facilities of comparable capability 
    and to ensure the timely implementation of arrangements for the 
    sharing of frequencies described in such paragraph. Upon a finding 
    by the NTIA that a Federal entity has achieved comparable 
    capability of systems, the NTIA shall terminate or limit the 
    entity's authorization and notify the Commission that the entity's 
    relocation has been completed or sharing arrangement has been 
    implemented. The NTIA shall also terminate such entity's 
    authorization if the NTIA determines that the entity has 
    unreasonably failed to comply with the timeline for relocation or 
    sharing submitted by the Director of the Office of Management and 
    Budget under section 118(d)(2)(C).'';
        (2) by redesignating subsections (h) and (i) as subsections (k) 
    and (l), respectively; and
        (3) by inserting after subsection (g) the following:
    ``(h) Development and Publication of Relocation or Sharing 
Transition Plans.--
        ``(1) Development of transition plan by federal entity.--Not 
    later than 240 days before the commencement of any auction of 
    eligible frequencies described in subsection (g)(2), a Federal 
    entity authorized to use any such frequency shall submit to the 
    NTIA and to the Technical Panel established by paragraph (3) a 
    transition plan for the implementation by such entity of the 
    relocation or sharing arrangement. The NTIA shall specify, after 
    public input, a common format for all Federal entities to follow in 
    preparing transition plans under this paragraph.
        ``(2) Contents of transition plan.--The transition plan 
    required by paragraph (1) shall include the following information:
            ``(A) The use by the Federal entity of the eligible 
        frequencies to be auctioned, current as of the date of the 
        submission of the plan.
            ``(B) The geographic location of the facilities or systems 
        of the Federal entity that use such frequencies.
            ``(C) The frequency bands used by such facilities or 
        systems, described by geographic location.
            ``(D) The steps to be taken by the Federal entity to 
        relocate its spectrum use from such frequencies or to share 
        such frequencies, including timelines for specific geographic 
        locations in sufficient detail to indicate when use of such 
        frequencies at such locations will be discontinued by the 
        Federal entity or shared between the Federal entity and non-
        Federal users.
            ``(E) The specific interactions between the eligible 
        Federal entity and the NTIA needed to implement the transition 
        plan.
            ``(F) The name of the officer or employee of the Federal 
        entity who is responsible for the relocation or sharing efforts 
        of the entity and who is authorized to meet and negotiate with 
        non-Federal users regarding the transition.
            ``(G) The plans and timelines of the Federal entity for--
                ``(i) using funds received from the Spectrum Relocation 
            Fund established by section 118;
                ``(ii) procuring new equipment and additional personnel 
            needed for relocation or sharing;
                ``(iii) field-testing and deploying new equipment 
            needed for relocation or sharing; and
                ``(iv) hiring and relying on contract personnel, if 
            any, needed for relocation or sharing.
            ``(H) Factors that could hinder fulfillment of the 
        transition plan by the Federal entity.
        ``(3) Technical panel.--
            ``(A) Establishment.--There is established within the NTIA 
        a panel to be known as the Technical Panel.
            ``(B) Membership.--
                ``(i) Number and appointment.--The Technical Panel 
            shall be composed of 3 members, to be appointed as follows:

                    ``(I) One member to be appointed by the Director of 
                the Office of Management and Budget (in this subsection 
                referred to as `OMB').
                    ``(II) One member to be appointed by the Assistant 
                Secretary.
                    ``(III) One member to be appointed by the Chairman 
                of the Commission.

                ``(ii) Qualifications.--Each member of the Technical 
            Panel shall be a radio engineer or a technical expert.
                ``(iii) Initial appointment.--The initial members of 
            the Technical Panel shall be appointed not later than 180 
            days after the date of the enactment of the Middle Class 
            Tax Relief and Job Creation Act of 2012.
                ``(iv) Terms.--The term of a member of the Technical 
            Panel shall be 18 months, and no individual may serve more 
            than 1 consecutive term.
                ``(v) Vacancies.--Any member appointed to fill a 
            vacancy occurring before the expiration of the term for 
            which the member's predecessor was appointed shall be 
            appointed only for the remainder of that term. A member may 
            serve after the expiration of that member's term until a 
            successor has taken office. A vacancy shall be filled in 
            the manner in which the original appointment was made.
                ``(vi) No compensation.--The members of the Technical 
            Panel shall not receive any compensation for service on the 
            Technical Panel. If any such member is an employee of the 
            agency of the official that appointed such member to the 
            Technical Panel, compensation in the member's capacity as 
            such an employee shall not be considered compensation under 
            this clause.
            ``(C) Administrative support.--The NTIA shall provide the 
        Technical Panel with the administrative support services 
        necessary to carry out its duties under this subsection and 
        subsection (i).
            ``(D) Regulations.--Not later than 180 days after the date 
        of the enactment of the Middle Class Tax Relief and Job 
        Creation Act of 2012, the NTIA shall, after public notice and 
        comment and subject to approval by the Director of OMB, adopt 
        regulations to govern the workings of the Technical Panel.
            ``(E) Certain requirements inapplicable.--The Federal 
        Advisory Committee Act (5 U.S.C. App.) and sections 552 and 
        552b of title 5, United States Code, shall not apply to the 
        Technical Panel.
        ``(4) Review of plan by technical panel.--
            ``(A) In general.--Not later than 30 days after the 
        submission of the plan under paragraph (1), the Technical Panel 
        shall submit to the NTIA and to the Federal entity a report on 
        the sufficiency of the plan, including whether the plan 
        includes the information required by paragraph (2) and an 
        assessment of the reasonableness of the proposed timelines and 
        estimated relocation or sharing costs, including the costs of 
        any proposed expansion of the capabilities of a Federal system 
        in connection with relocation or sharing.
            ``(B) Insufficiency of plan.--If the Technical Panel finds 
        the plan insufficient, the Federal entity shall, not later than 
        90 days after the submission of the report by the Technical 
        Panel under subparagraph (A), submit to the Technical Panel a 
        revised plan. Such revised plan shall be treated as a plan 
        submitted under paragraph (1).
        ``(5) Publication of transition plan.--Not later than 120 days 
    before the commencement of the auction described in paragraph (1), 
    the NTIA shall make the transition plan publicly available on its 
    website.
        ``(6) Updates of transition plan.--As the Federal entity 
    implements the transition plan, it shall periodically update the 
    plan to reflect any changed circumstances, including changes in 
    estimated relocation or sharing costs or the timeline for 
    relocation or sharing. The NTIA shall make the updates available on 
    its website.
        ``(7) Classified and other sensitive information.--
            ``(A) Classified information.--If any of the information 
        required to be included in the transition plan of a Federal 
        entity is classified information (as defined in section 798(b) 
        of title 18, United States Code), the entity shall--
                ``(i) include in the plan--

                    ``(I) an explanation of the exclusion of any such 
                information, which shall be as specific as possible; 
                and
                    ``(II) all relevant non-classified information that 
                is available; and

                ``(ii) discuss as a factor under paragraph (2)(H) the 
            extent of the classified information and the effect of such 
            information on the implementation of the relocation or 
            sharing arrangement.
            ``(B) Regulations.--Not later than 180 days after the date 
        of the enactment of the Middle Class Tax Relief and Job 
        Creation Act of 2012, the NTIA, in consultation with the 
        Director of OMB and the Secretary of Defense, shall adopt 
        regulations to ensure that the information publicly released 
        under paragraph (5) or (6) does not contain classified 
        information or other sensitive information.
    ``(i) Dispute Resolution Process.--
        ``(1) In general.--If a dispute arises between a Federal entity 
    and a non-Federal user regarding the execution, timing, or cost of 
    the transition plan submitted by the Federal entity under 
    subsection (h)(1), the Federal entity or the non-Federal user may 
    request that the NTIA establish a dispute resolution board to 
    resolve the dispute.
        ``(2) Establishment of board.--
            ``(A) In general.--If the NTIA receives a request under 
        paragraph (1), it shall establish a dispute resolution board.
            ``(B) Membership and appointment.--The dispute resolution 
        board shall be composed of 3 members, as follows:
                ``(i) A representative of the Office of Management and 
            Budget (in this subsection referred to as `OMB'), to be 
            appointed by the Director of OMB.
                ``(ii) A representative of the NTIA, to be appointed by 
            the Assistant Secretary.
                ``(iii) A representative of the Commission, to be 
            appointed by the Chairman of the Commission.
            ``(C) Chair.--The representative of OMB shall be the Chair 
        of the dispute resolution board.
            ``(D) Vacancies.--Any vacancy in the dispute resolution 
        board shall be filled in the manner in which the original 
        appointment was made.
            ``(E) No compensation.--The members of the dispute 
        resolution board shall not receive any compensation for service 
        on the board. If any such member is an employee of the agency 
        of the official that appointed such member to the board, 
        compensation in the member's capacity as such an employee shall 
        not be considered compensation under this subparagraph.
            ``(F) Termination of board.--The dispute resolution board 
        shall be terminated after it rules on the dispute that it was 
        established to resolve and the time for appeal of its decision 
        under paragraph (7) has expired, unless an appeal has been 
        taken under such paragraph. If such an appeal has been taken, 
        the board shall continue to exist until the appeal process has 
        been exhausted and the board has completed any action required 
        by a court hearing the appeal.
        ``(3) Procedures.--The dispute resolution board shall meet 
    simultaneously with representatives of the Federal entity and the 
    non-Federal user to discuss the dispute. The dispute resolution 
    board may require the parties to make written submissions to it.
        ``(4) Deadline for decision.--The dispute resolution board 
    shall rule on the dispute not later than 30 days after the request 
    was made to the NTIA under paragraph (1).
        ``(5) Assistance from technical panel.--The Technical Panel 
    established under subsection (h)(3) shall provide the dispute 
    resolution board with such technical assistance as the board 
    requests.
        ``(6) Administrative support.--The NTIA shall provide the 
    dispute resolution board with the administrative support services 
    necessary to carry out its duties under this subsection.
        ``(7) Appeals.--A decision of the dispute resolution board may 
    be appealed to the United States Court of Appeals for the District 
    of Columbia Circuit by filing a notice of appeal with that court 
    not later than 30 days after the date of such decision. Each party 
    shall bear its own costs and expenses, including attorneys' fees, 
    for any appeal under this paragraph.
        ``(8) Regulations.--Not later than 180 days after the date of 
    the enactment of the Middle Class Tax Relief and Job Creation Act 
    of 2012, the NTIA shall, after public notice and comment and 
    subject to approval by OMB, adopt regulations to govern the working 
    of any dispute resolution boards established under paragraph (2)(A) 
    and the role of the Technical Panel in assisting any such board.
        ``(9) Certain requirements inapplicable.--The Federal Advisory 
    Committee Act (5 U.S.C. App.) and sections 552 and 552b of title 5, 
    United States Code, shall not apply to a dispute resolution board 
    established under paragraph (2)(A).
    ``(j) Relocation Prioritized Over Sharing.--
        ``(1) In general.--In evaluating a band of frequencies for 
    possible reallocation for exclusive non-Federal use or shared use, 
    the NTIA shall give priority to options involving reallocation of 
    the band for exclusive non-Federal use and shall choose options 
    involving shared use only when it determines, in consultation with 
    the Director of the Office of Management and Budget, that 
    relocation of a Federal entity from the band is not feasible 
    because of technical or cost constraints.
        ``(2) Notification of congress when sharing chosen.--If the 
    NTIA determines under paragraph (1) that relocation of a Federal 
    entity from the band is not feasible, the NTIA shall notify the 
    Committee on Commerce, Science, and Transportation of the Senate 
    and the Committee on Energy and Commerce of the House of 
    Representatives of the determination, including the specific 
    technical or cost constraints on which the determination is 
    based.''.
    (b) Conforming Amendment.--Section 309(j) of the Communications Act 
of 1934 is further amended by striking ``relocation costs'' each place 
it appears and inserting ``relocation or sharing costs''.
SEC. 6702. SPECTRUM RELOCATION FUND.
    Section 118 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 928) is amended--
        (1) by striking ``relocation costs'' each place it appears and 
    inserting ``relocation or sharing costs'';
        (2) by amending subsection (c) to read as follows:
    ``(c) Use of Funds.--The amounts in the Fund from auctions of 
eligible frequencies are authorized to be used to pay relocation or 
sharing costs of an eligible Federal entity incurring such costs with 
respect to relocation from or sharing of those frequencies.'';
        (3) in subsection (d)--
            (A) in paragraph (2)--
                (i) in subparagraph (A), by inserting ``or sharing'' 
            before the semicolon;
                (ii) in subparagraph (B), by inserting ``or sharing'' 
            before the period at the end;
                (iii) by redesignating subparagraphs (A) and (B) as 
            subparagraphs (B) and (C), respectively; and
                (iv) by inserting before subparagraph (B), as so 
            redesignated, the following:
            ``(A) unless the eligible Federal entity has submitted a 
        transition plan to the NTIA as required by paragraph (1) of 
        section 113(h), the Technical Panel has found such plan 
        sufficient under paragraph (4) of such section, and the NTIA 
        has made available such plan on its website as required by 
        paragraph (5) of such section;'';
            (B) by striking paragraph (3); and
            (C) by adding at the end the following:
        ``(3) Transfers for pre-auction costs.--
            ``(A) In general.--Subject to subparagraph (B), the 
        Director of OMB may transfer to an eligible Federal entity, at 
        any time (including prior to a scheduled auction), such sums as 
        may be available in the Fund to pay relocation or sharing costs 
        related to pre-auction estimates or research, as such costs are 
        described in section 113(g)(3)(A)(iii).
            ``(B) Notification.--No funds may be transferred pursuant 
        to subparagraph (A) unless--
                ``(i) the notification provided under paragraph (2)(C) 
            includes a certification from the Director of OMB that--

                    ``(I) funds transferred before an auction will 
                likely allow for timely implementation of relocation or 
                sharing, thereby increasing net expected auction 
                proceeds by an amount not less than the time value of 
                the amount of funds transferred; and
                    ``(II) the auction is intended to occur not later 
                than 5 years after transfer of funds; and

                ``(ii) the transition plan submitted by the eligible 
            Federal entity under section 113(h)(1) provides--

                    ``(I) to the fullest extent possible, for sharing 
                and coordination of eligible frequencies with non-
                Federal users, including reasonable accommodation by 
                the eligible Federal entity for the use of eligible 
                frequencies by non-Federal users during the period that 
                the entity is relocating its spectrum uses (in this 
                clause referred to as the `transition period');
                    ``(II) for non-Federal users to be able to use 
                eligible frequencies during the transition period in 
                geographic areas where the eligible Federal entity does 
                not use such frequencies;
                    ``(III) that the eligible Federal entity will, 
                during the transition period, make itself available for 
                negotiation and discussion with non-Federal users not 
                later than 30 days after a written request therefor; 
                and
                    ``(IV) that the eligible Federal entity will, 
                during the transition period, make available to a non-
                Federal user with appropriate security clearances any 
                classified information (as defined in section 798(b) of 
                title 18, United States Code) regarding the relocation 
                process, on a need-to-know basis, to assist the non-
                Federal user in the relocation process with such 
                eligible Federal entity or other eligible Federal 
                entities.

            ``(C) Applicability to certain costs.--
                ``(i) In general.--The Director of OMB may transfer 
            under subparagraph (A) not more than $10,000,000 for costs 
            incurred after June 28, 2010, but before the date of the 
            enactment of the Middle Class Tax Relief and Job Creation 
            Act of 2012.
                ``(ii) Supplement not supplant.--Any amounts 
            transferred by the Director of OMB pursuant to clause (i) 
            shall be in addition to any amounts that the Director of 
            OMB may transfer for costs incurred on or after the date of 
            the enactment of the Middle Class Tax Relief and Job 
            Creation Act of 2012.
        ``(4) Reversion of unused funds.--Any amounts in the Fund that 
    are remaining after the payment of the relocation or sharing costs 
    that are payable from the Fund shall revert to and be deposited in 
    the general fund of the Treasury, for the sole purpose of deficit 
    reduction, not later than 8 years after the date of the deposit of 
    such proceeds to the Fund, unless within 60 days in advance of the 
    reversion of such funds, the Director of OMB, in consultation with 
    the NTIA, notifies the congressional committees described in 
    paragraph (2)(C) that such funds are needed to complete or to 
    implement current or future relocation or sharing arrangements.'';
        (4) in subsection (e)--
            (A) in paragraph (1)(B)--
                (i) in clause (i), by striking ``subsection (d)(2)(A)'' 
            and inserting ``subsection (d)(2)(B)''; and
                (ii) in clause (ii), by striking ``subsection 
            (d)(2)(B)'' and inserting ``subsection (d)(2)(C)''; and
            (B) in paragraph (2)--
                (i) by striking ``entity's relocation'' and inserting 
            ``relocation of the entity or implementation of the sharing 
            arrangement by the entity'';
                (ii) by inserting ``or the implementation of such 
            arrangement'' after ``such relocation''; and
                (iii) by striking ``subsection (d)(2)(A)'' and 
            inserting ``subsection (d)(2)(B)''; and
        (5) by adding at the end the following:
    ``(f) Additional Payments From Fund.--
        ``(1) Amounts available.--Notwithstanding subsections (c) 
    through (e), after the date of the enactment of the Middle Class 
    Tax Relief and Job Creation Act of 2012, there are appropriated 
    from the Fund and available to the Director of OMB for use in 
    accordance with paragraph (2) not more than 10 percent of the 
    amounts deposited in the Fund from auctions occurring after such 
    date of enactment of licenses for the use of spectrum vacated by 
    eligible Federal entities.
        ``(2) Use of amounts.--
            ``(A) In general.--The Director of OMB, in consultation 
        with the NTIA, may use amounts made available under paragraph 
        (1) to make payments to eligible Federal entities that are 
        implementing a transition plan submitted under section 
        113(h)(1) in order to encourage such entities to complete the 
        implementation more quickly, thereby encouraging timely access 
        to the eligible frequencies that are being reallocated for 
        exclusive non-Federal use or shared use.
            ``(B) Conditions.--In the case of any payment by the 
        Director of OMB under subparagraph (A)--
                ``(i) such payment shall be based on the market value 
            of the eligible frequencies, the timeliness with which the 
            eligible Federal entity clears its use of such frequencies, 
            and the need for such frequencies in order for the entity 
            to conduct its essential missions;
                ``(ii) the eligible Federal entity shall use such 
            payment for the purposes specified in clauses (i) through 
            (v) of section 113(g)(3)(A) to achieve comparable 
            capability of systems affected by the reallocation of 
            eligible frequencies from Federal use to exclusive non-
            Federal use or to shared use;
                ``(iii) such payment may not be made if the amount 
            remaining in the Fund after such payment will be less than 
            10 percent of the winning bids in the auction of the 
            spectrum with respect to which the Federal entity is 
            incurring relocation or sharing costs; and
                ``(iv) such payment may not be made until 30 days after 
            the Director of OMB has notified the congressional 
            committees described in subsection (d)(2)(C).
    ``(g) Restriction on Use of Funds.--No amounts in the Fund on the 
day before the date of the enactment of the Middle Class Tax Relief and 
Job Creation Act of 2012 may be used for any purpose except--
        ``(1) to pay the relocation or sharing costs incurred by 
    eligible Federal entities in order to relocate from the frequencies 
    the auction of which generated such amounts; or
        ``(2) to pay relocation or sharing costs related to pre-auction 
    estimates or research, in accordance with subsection (d)(3).''.
SEC. 6703. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.
    Part B of title I 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. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.
    ``(a) Determination.--If the head of an Executive agency (as 
defined in section 105 of title 5, United States Code) determines that 
public disclosure of any information contained in a notification or 
report required by section 113 or 118 would reveal classified national 
security information, or other information for which there is a legal 
basis for nondisclosure and the public disclosure of which would be 
detrimental to national security, homeland security, or public safety 
or would jeopardize a law enforcement investigation, the head of the 
Executive agency shall notify the Assistant Secretary of that 
determination prior to the release of such information.
    ``(b) Inclusion in Annex.--The head of the Executive agency shall 
place the information with respect to which a determination was made 
under subsection (a) in a separate annex to the notification or report 
required by section 113 or 118. The annex shall be provided to the 
subcommittee of primary jurisdiction of the congressional committee of 
primary jurisdiction in accordance with appropriate national security 
stipulations but shall not be disclosed to the public or provided to 
any unauthorized person through any means.''.

                  TITLE VII--MISCELLANEOUS PROVISIONS

SEC. 7001. REPEAL OF CERTAIN SHIFTS IN THE TIMING OF CORPORATE 
ESTIMATED TAX PAYMENTS.
    The following provisions of law (and any modification of any such 
provision which is contained in any other provision of law) shall not 
apply with respect to any installment of corporate estimated tax:
        (1) Section 201(b) of the Corporate Estimated Tax Shift Act of 
    2009.
        (2) Section 561 of the Hiring Incentives to Restore Employment 
    Act.
        (3) Section 505 of the United States-Korea Free Trade Agreement 
    Implementation Act.
        (4) Section 603 of the United States-Colombia Trade Promotion 
    Agreement Implementation Act.
        (5) Section 502 of the United States-Panama Trade Promotion 
    Agreement Implementation Act.
SEC. 7002. REPEAL OF REQUIREMENT RELATING TO TIME FOR REMITTING CERTAIN 
MERCHANDISE PROCESSING FEES.
    (a) Repeal.--The Trade Adjustment Assistance Extension Act of 2011 
(title II of Public Law 112-40; 125 Stat. 402) is amended by striking 
section 263.
    (b) Clerical Amendment.--The table of contents for such Act is 
amended by striking the item relating to section 263.
SEC. 7003. TREATMENT FOR PAYGO PURPOSES.
    The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory 
Pay-As-You-Go Act of 2010.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.