[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5486 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5486

To amend the National Telecommunications and Information Administration 
Organization Act to provide for a standardized framework to facilitate 
 the sharing of electromagnetic spectrum between non-Federal users and 
          incumbent Federal entities, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 5, 2021

 Mr. Guthrie introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
Organization Act to provide for a standardized framework to facilitate 
 the sharing of electromagnetic spectrum between non-Federal users and 
          incumbent Federal entities, 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.

    This Act may be cited as the ``Simplifying Management, 
Reallocation, and Transfer of Spectrum Act'' or the ``SMART Act''.

SEC. 2. STANDARDIZED SPECTRUM SHARING FRAMEWORK.

    Part B of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by 
adding at the end the following:

``SEC. 120. STANDARDIZED SPECTRUM SHARING FRAMEWORK.

    ``(a) In General.--The Assistant Secretary shall--
            ``(1) not later than 120 days after the date of the 
        enactment of this section, begin to amend the Department of 
        Commerce spectrum management document entitled `Manual of 
        Regulations and Procedures for Federal Radio Frequency 
        Management' so as to incorporate a standardized framework to 
        facilitate the sharing of covered spectrum between non-Federal 
        users and incumbent Federal entities; and
            ``(2) not later than the date on which amounts appropriated 
        under subsection (c) first become available, begin to implement 
        such framework.
    ``(b) System To Enable Sharing.--
            ``(1) In general.--The standardized framework required by 
        subsection (a) shall include a system to enable sharing, 
        including time-based sharing, to securely manage harmful 
        interference between non-Federal users and incumbent Federal 
        entities sharing a band of covered spectrum, in order to ensure 
        access by such non-Federal users to such band of covered 
        spectrum.
            ``(2) Requirements.--The system required by paragraph (1) 
        shall contain, at a minimum, the following:
                    ``(A) One or more mechanisms to allow non-Federal 
                secondary use as authorized by the Commission during 
                times when there is no primary use by Federal entities 
                encumbering the covered spectrum.
                    ``(B) One or more mechanisms to address harmful 
                interference to incumbent Federal entities, including 
                through the following functions:
                            ``(i) Sensing.
                            ``(ii) Identification.
                            ``(iii) Reporting.
                            ``(iv) Analysis.
                            ``(v) Resolution.
                    ``(C) Dynamic protection area analysis, definition, 
                and control.
            ``(3) Compliance with commission rules.--The system 
        required by paragraph (1) shall ensure that use of covered 
        spectrum is in accordance with the applicable rules of the 
        Commission.
            ``(4) Input of information.--Each incumbent Federal entity 
        sharing a band of covered spectrum shall input into the system 
        required by paragraph (1) such information as the Assistant 
        Secretary may require regarding the frequency, time, and 
        location of the use of the band by such Federal entity.
            ``(5) Protection of classified information and controlled 
        unclassified information.--The system required by paragraph (1) 
        shall contain appropriate measures to protect classified 
        information and controlled unclassified information, including 
        any such classified information or controlled unclassified 
        information that relates to military operations.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Assistant Secretary to carry out this section--
            ``(1) $117,400,000 for fiscal year 2023 (and such amount is 
        authorized to remain available through fiscal year 2029); and
            ``(2) $8,700,000 for fiscal year 2030 and each fiscal year 
        thereafter.
    ``(d) Definitions.--In this section:
            ``(1) Covered spectrum.--The term `covered spectrum' means 
        electromagnetic spectrum for which usage rights are assigned 
        (including before the date on which the standardized framework 
        required by subsection (a) is implemented) by competitive 
        bidding pursuant to section 309(j) of the Communications Act of 
        1934 (47 U.S.C. 309(j)) to a non-Federal user for use on a 
        shared basis with an incumbent Federal entity in an area where 
        the Assistant Secretary, in consultation with the Director of 
        the Office of Management and Budget, determines it is 
        infeasible for the systems of such Federal entity to be 
        relocated to fully clear such spectrum.
            ``(2) Federal entity.--The term `Federal entity' has the 
        meaning given such term in section 113(l).''.
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