[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7624 Engrossed in House (EH)]

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117th CONGRESS
  2d Session
                                H. R. 7624

_______________________________________________________________________

                                 AN ACT


 
 To make available additional frequencies in the 3.1-3.45 GHz band for 
 non-Federal use, shared Federal and non-Federal use, or a combination 
                    thereof, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Spectrum 
Innovation Act of 2022''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--SPECTRUM AUCTIONS AND INNOVATION

Sec. 101. Spectrum auctions and innovation.
  TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT 
                                PROGRAM

Sec. 201. Increase in limitation on expenditure.
                    TITLE III--NEXT GENERATION 9-1-1

Sec. 301. Further deployment and coordination of Next Generation 9-1-1.
                TITLE IV--INCUMBENT INFORMING CAPABILITY

Sec. 401. Incumbent informing capability.
              TITLE V--EXTENSION OF FCC AUCTION AUTHORITY

Sec. 501. Extension of FCC auction authority.
            TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND

Sec. 601. Public Safety and Secure Networks Fund.
             TITLE VII--DETERMINATION OF BUDGETARY EFFECTS

Sec. 701. Determination of budgetary effects.

               TITLE I--SPECTRUM AUCTIONS AND INNOVATION

SEC. 101. SPECTRUM AUCTIONS AND INNOVATION.

    (a) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (2) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) Covered band.--The term ``covered band'' means the band 
        of frequencies between 3100 megahertz and 3450 megahertz, 
        inclusive.
            (4) Federal entity.--The term ``Federal entity'' has the 
        meaning given such term in section 113(l) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(l)).
            (5) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (C) the Committee on Armed Services of the House of 
                Representatives; and
                    (D) the Committee on Armed Services of the Senate.
            (6) Relocation or sharing costs.--The term ``relocation or 
        sharing costs'' has the meaning given such term in section 
        113(g)(3) of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 923(g)(3)).
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
    (b) 3.1-3.45 GHz Band.--
            (1) Pipeline funding.--
                    (A) In general.--A Federal entity with operations 
                in the covered band that the Assistant Secretary 
                determines might be affected by reallocation of the 
                covered band may request a payment of up to $25,000,000 
                under section 118(g)(2)(A) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 928(g)(2)(A)) in order to 
                make available the entire covered band for non-Federal 
                use, shared Federal and non-Federal use, or a 
                combination thereof.
                    (B) Exemptions.--Subparagraphs (C)(ii) and (D)(ii) 
                of section 118(g)(2) of the National Telecommunications 
                and Information Administration Organization Act (47 
                U.S.C. 928(g)(2)) shall not apply with respect to a 
                payment described in subparagraph (A) of this 
                paragraph.
                    (C) Oversight.--The Assistant Secretary and the 
                Executive Office of the President shall continuously 
                review and provide oversight of the activities carried 
                out using a payment described in subparagraph (A) of 
                this paragraph, the payment required by section 
                90008(b)(1)(A) of the Infrastructure Investment and 
                Jobs Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 
                921 note), as such section was in effect on the day 
                before the date of the enactment of this Act, or a 
                combination of both such payments.
                    (D) Report to secretary of commerce and congress.--
                Not later than 15 months after the date of the 
                enactment of this Act, for the purposes of aiding the 
                Secretary in making the identification under paragraph 
                (2) and informed by the activities carried out using a 
                payment described in subparagraph (A), the payment 
                required by section 90008(b)(1)(A) of the 
                Infrastructure Investment and Jobs Act (Public Law 117-
                58; 135 Stat. 1348; 47 U.S.C. 921 note), as such 
                section was in effect on the day before the date of the 
                enactment of this Act, or a combination of both such 
                payments, any Federal entity receiving such a payment 
                or payments, in consultation with the Assistant 
                Secretary and the Executive Office of the President, 
                shall submit to the Secretary and the relevant 
                congressional committees a report that--
                            (i) contains the findings of the activities 
                        carried out using such payment or payments; and
                            (ii) recommends frequencies in the covered 
                        band for identification by the Secretary under 
                        paragraph (2).
            (2) Identification.--Not later than 21 months after the 
        date of the enactment of this Act, informed by the report 
        required under paragraph (1)(D), the Secretary, in consultation 
        with the Secretary of Defense, the Director of the Office of 
        Science and Technology Policy, and the Commission, shall submit 
        to the President, the Commission, and the relevant 
        congressional committees a report that identifies for inclusion 
        in a system of competitive bidding under paragraph (3) 350 
        megahertz of frequencies in the covered band for non-Federal 
        use, shared Federal and non-Federal use, or a combination 
        thereof.
            (3) Auction.--
                    (A) In general.--Not later than 7 years after the 
                date of the enactment of this Act, the Commission, in 
                coordination with the Assistant Secretary, shall 
                commence a system of competitive bidding under section 
                309(j) of the Communications Act of 1934 (47 U.S.C. 
                309(j)), in accordance with paragraph (2) of this 
                subsection, of the frequencies identified under such 
                paragraph for a system of competitive bidding.
                    (B) Prohibition.--No entity that produces or 
                provides any covered communications equipment or 
                service (as defined in section 9 of the Secure and 
                Trusted Communications Networks Act of 2019 (47 U.S.C. 
                1608)), or any affiliate (as defined in section 3 of 
                the Communications Act of 1934 (47 U.S.C. 153)) of such 
                an entity, may participate in the system of competitive 
                bidding required by subparagraph (A).
                    (C) Scope.--The Commission may not include in the 
                system of competitive bidding required by subparagraph 
                (A) any frequencies that are not in the covered band.
                    (D) Deposit of proceeds.--Notwithstanding 
                subparagraphs (A), (C)(i), and (D) of section 309(j)(8) 
                of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) 
                and except as provided in subparagraph (B) of such 
                section, the proceeds (including deposits and upfront 
                payments from successful bidders) of the system of 
                competitive bidding required by subparagraph (A) of 
                this paragraph (in this subparagraph referred to as the 
                ``covered proceeds'') shall be deposited or available 
                as follows:
                            (i) Such amount of the covered proceeds as 
                        is necessary to cover 110 percent of the 
                        relocation or sharing costs of Federal entities 
                        relocated from or sharing the frequencies 
                        identified under paragraph (2) of this 
                        subsection shall be deposited in the Spectrum 
                        Relocation Fund established under section 118 
                        of the National Telecommunications and 
                        Information Administration Organization Act (47 
                        U.S.C. 928).
                            (ii) After the amount required to be 
                        deposited by clause (i) is so deposited, any 
                        remainder of the covered proceeds shall be 
                        deposited in the Public Safety and Secure 
                        Networks Fund established by section 601.
            (4) Modification or withdrawal.--
                    (A) In general.--The President shall modify or 
                withdraw any assignment to a Federal Government station 
                of the frequencies identified under paragraph (2) to 
                accommodate non-Federal use, shared Federal and non-
                Federal use, or a combination thereof in accordance 
                with that paragraph.
                    (B) Limitations.--The President may not modify or 
                withdraw any assignment to a Federal Government station 
                as described in subparagraph (A)--
                            (i) unless the President determines that 
                        such modification or withdrawal will not 
                        compromise the primary mission of a Federal 
                        entity operating in the covered band; or
                            (ii) before November 30, 2024.
            (5) Auction proceeds to cover 110 percent of federal 
        relocation or sharing costs.--Nothing in this subsection shall 
        be construed to relieve the Commission from the requirements 
        under section 309(j)(16)(B) of the Communications Act of 1934 
        (47 U.S.C. 309(j)(16)(B)).
    (c) FCC Auction Authority.--
            (1) Termination.--Section 309(j)(11) of the Communications 
        Act of 1934 (47 U.S.C. 309(j)(11)) is amended by striking 
        ``2025'' and all that follows and inserting ``2026, and with 
        respect to the electromagnetic spectrum identified under 
        section 101(b)(2) of the Spectrum Innovation Act of 2022, such 
        authority shall expire on the date that is 7 years after the 
        date of the enactment of that Act.''.
            (2) Spectrum pipeline act of 2015.--Section 1004 of the 
        Spectrum Pipeline Act of 2015 (Public Law 114-74; 129 Stat. 
        621; 47 U.S.C. 921 note) is amended--
                    (A) in subsection (a), by striking ``2022'' and 
                inserting ``2024'';
                    (B) in subsection (b)(1), by striking ``2022'' and 
                inserting ``2024''; and
                    (C) in subsection (c)(1)(B), by striking ``2024'' 
                and inserting ``2026''.
    (d) Repeal.--Section 90008 of the Infrastructure Investment and 
Jobs Act (Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note), and 
the item relating to such section in the table of contents in section 
1(b) of such Act, are repealed.
    (e) Rule of Construction.--Nothing in this section, or the repeal 
made by subsection (d), may be construed to alter or impede the 
activities authorized to be conducted using the payment required by 
section 90008(b)(1)(A) of the Infrastructure Investment and Jobs Act 
(Public Law 117-58; 135 Stat. 1348; 47 U.S.C. 921 note), as such 
section was in effect on the day before the date of the enactment of 
this Act, if the Assistant Secretary determines that such activities 
are conducted in accordance with subsection (b) of this section.

  TITLE II--SECURE AND TRUSTED COMMUNICATIONS NETWORKS REIMBURSEMENT 
                                PROGRAM

SEC. 201. INCREASE IN LIMITATION ON EXPENDITURE.

    Section 4(k) of the Secure and Trusted Communications Networks Act 
of 2019 (47 U.S.C. 1603(k)) is amended by striking ``$1,900,000,000'' 
and inserting ``$4,980,000,000''.

                    TITLE III--NEXT GENERATION 9-1-1

SEC. 301. FURTHER DEPLOYMENT AND COORDINATION OF NEXT GENERATION 9-1-1.

    (a) In General.--Part C of the National Telecommunications and 
Information Administration Organization Act is amended by adding at the 
end the following:

``SEC. 159. COORDINATION OF NEXT GENERATION 9-1-1 IMPLEMENTATION.

    ``(a) Duties of Assistant Secretary With Respect to Next Generation 
9-1-1.--
            ``(1) In general.--The Assistant Secretary shall--
                    ``(A) take actions, in coordination with State 
                point of contacts described under subsection 
                (c)(3)(A)(ii), to improve coordination and 
                communication with respect to the implementation of 
                Next Generation 9-1-1;
                    ``(B) develop, collect, and disseminate information 
                concerning the practices, procedures, and technology 
                used in the implementation of Next Generation 9-1-1;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (c)(3)(A)(iii);
                    ``(D) provide technical assistance to eligible 
                entities provided a grant under subsection (c) in 
                support of efforts to explore efficiencies related to 
                Next Generation 9-1-1;
                    ``(E) review and approve or disapprove applications 
                for grants under subsection (c); and
                    ``(F) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(2) Annual reports.--Not later than October 1, 2023, and 
        each year thereafter until funds made available to make grants 
        under subsection (c) are no longer available to be expended, 
        the Assistant Secretary shall submit to Congress a report on 
        the activities conducted by the Assistant Secretary under 
        paragraph (1) in the year preceding the submission of the 
        report.
    ``(b) Additional Duties.--
            ``(1) Management plan.--
                    ``(A) Development.--The Assistant Secretary shall 
                develop a management plan for the grant program 
                established under this section, including by 
                developing--
                            ``(i) plans related to the organizational 
                        structure of such program; and
                            ``(ii) funding profiles for each fiscal 
                        year of the duration of such program.
                    ``(B) Submission to congress.--Not later than 180 
                days after the date of the enactment of this section, 
                the Assistant Secretary shall--
                            ``(i) submit the management plan developed 
                        under subparagraph (A) to--
                                    ``(I) the Committees on Commerce, 
                                Science, and Transportation and 
                                Appropriations of the Senate; and
                                    ``(II) the Committees on Energy and 
                                Commerce and Appropriations of the 
                                House of Representatives; and
                            ``(ii) publish the management plan 
                        developed under subparagraph (A) on the website 
                        of the National Telecommunications and 
                        Information Administration.
            ``(2) Modification of plan.--
                    ``(A) Modification.--The Assistant Secretary may 
                modify the management plan developed under paragraph 
                (1)(A).
                    ``(B) Submission.--Not later than 90 days after the 
                plan is modified under subparagraph (A), the Assistant 
                Secretary shall--
                            ``(i) submit the modified plan to--
                                    ``(I) the Committees on Commerce, 
                                Science, and Transportation and 
                                Appropriations of the Senate; and
                                    ``(II) the Committees on Energy and 
                                Commerce and Appropriations of the 
                                House of Representatives; and
                            ``(ii) publish the modified plan on the 
                        website of the National Telecommunications and 
                        Information Administration.
    ``(c) Next Generation 9-1-1 Implementation Grants.--
            ``(1) Grants.--The Assistant Secretary shall provide grants 
        to eligible entities for--
                    ``(A) implementing Next Generation 9-1-1;
                    ``(B) maintaining Next Generation 9-1-1;
                    ``(C) training directly related to implementing, 
                maintaining, and operating Next Generation 9-1-1 if the 
                cost related to the training does not exceed 3 percent 
                of the total grant award;
                    ``(D) public outreach and education on how the 
                public can best use Next Generation 9-1-1 and the 
                capabilities and usefulness of Next Generation 9-1-1;
                    ``(E) administrative costs associated with planning 
                of Next Generation 9-1-1, including any cost related to 
                planning for and preparing an application and related 
                materials as required by this subsection, if--
                            ``(i) the cost is fully documented in 
                        materials submitted to the Assistant Secretary; 
                        and
                            ``(ii) the cost is reasonable, necessary, 
                        and does not exceed 1 percent of the total 
                        grant award; and
                    ``(F) costs associated with implementing 
                cybersecurity measures at emergency communications 
                centers or with respect to Next Generation 9-1-1.
            ``(2) Application.--In providing grants under paragraph 
        (1), the Assistant Secretary shall require an eligible entity 
        to submit to the Assistant Secretary an application, at the 
        time and in the manner determined by the Assistant Secretary, 
        and containing the certification required by paragraph (3).
            ``(3) Coordination required.--Each eligible entity shall 
        include in the application required by paragraph (2) a 
        certification that--
                    ``(A) in the case of an eligible entity that is a 
                State, the entity--
                            ``(i) has coordinated the application with 
                        the emergency communications centers located 
                        within the jurisdiction of the entity;
                            ``(ii) has designated a single officer or 
                        governmental body to serve as the State point 
                        of contact to coordinate the implementation of 
                        Next Generation 9-1-1 for that State, except 
                        that such designation need not vest such 
                        officer or governmental body with direct legal 
                        authority to implement Next Generation 9-1-1 or 
                        to manage emergency communications operations; 
                        and
                            ``(iii) has developed and submitted a plan 
                        for the coordination and implementation of Next 
                        Generation 9-1-1 that--
                                    ``(I) ensures interoperability by 
                                requiring the use of commonly accepted 
                                standards;
                                    ``(II) ensures reliability;
                                    ``(III) enables emergency 
                                communications centers to process, 
                                analyze, and store multimedia, data, 
                                and other information;
                                    ``(IV) incorporates cybersecurity 
                                tools, including intrusion detection 
                                and prevention measures;
                                    ``(V) includes strategies for 
                                coordinating cybersecurity information 
                                sharing between Federal, State, Tribal, 
                                and local government partners;
                                    ``(VI) uses open and competitive 
                                request for proposal processes, 
                                including through shared government 
                                procurement vehicles, for deployment of 
                                Next Generation 9-1-1;
                                    ``(VII) documents how input was 
                                received and accounted for from 
                                relevant rural and urban emergency 
                                communications centers, regional 
                                authorities, local authorities, and 
                                Tribal authorities;
                                    ``(VIII) includes a governance body 
                                or bodies, either by creation of new, 
                                or use of existing, body or bodies, for 
                                the development and deployment of Next 
                                Generation 9-1-1 that--
                                            ``(aa) ensures full notice 
                                        and opportunity for 
                                        participation by relevant 
                                        stakeholders; and
                                            ``(bb) consults and 
                                        coordinates with the State 
                                        point of contact required by 
                                        clause (ii);
                                    ``(IX) creates efficiencies related 
                                to Next Generation 9-1-1 functions, 
                                including cybersecurity and the 
                                virtualization and sharing of 
                                infrastructure, equipment, and 
                                services; and
                                    ``(X) utilizes an effective, 
                                competitive approach to establishing 
                                authentication, credentialing, secure 
                                connections, and access in deploying 
                                Next Generation 9-1-1, including by--
                                            ``(aa) requiring 
                                        certificate authorities to be 
                                        capable of cross-certification 
                                        with other authorities;
                                            ``(bb) avoiding risk of a 
                                        single point of failure or 
                                        vulnerability; and
                                            ``(cc) adhering to Federal 
                                        agency best practices such as 
                                        those promulgated by the 
                                        National Institute of Standards 
                                        and Technology; and
                    ``(B) in the case of an eligible entity that is a 
                Tribal Organization, the Tribal Organization has 
                complied with clauses (i) and (iii) of subparagraph 
                (A).
            ``(4) Criteria.--
                    ``(A) In general.--Not later than 1 year after the 
                date of the enactment of this section, the Assistant 
                Secretary shall issue regulations, after providing the 
                public with notice and an opportunity to comment, 
                prescribing the criteria for selecting eligible 
                entities for grants under this subsection.
                    ``(B) Requirements.--The criteria shall--
                            ``(i) include performance requirements and 
                        a schedule for completion of any project to be 
                        financed by a grant under this subsection; and
                            ``(ii) specifically permit regional or 
                        multi-State applications for funds.
                    ``(C) Updates.--The Assistant Secretary shall 
                update such regulations as necessary.
            ``(5) Grant certifications.--Each eligible entity shall 
        certify to the Assistant Secretary at the time of application 
        for a grant under this subsection, and each eligible entity 
        that receives such a grant shall certify to the Assistant 
        Secretary annually thereafter during any period of time the 
        funds from the grant are available to the eligible entity, 
        that--
                    ``(A) beginning on the date that is 180 days before 
                the date on which the application is filed, no portion 
                of any 9-1-1 fee or charge imposed by the eligible 
                entity (or in the case that the eligible entity is not 
                a State or Tribal organization, any State or taxing 
                jurisdiction within which the eligible entity will 
                carry out, or is carrying out, activities using grant 
                funds) are obligated or expended for a purpose or 
                function not designated under the rules issued pursuant 
                to section 6(f)(3) of the Wireless Communications and 
                Public Safety Act of 1999 (47 U.S.C. 615a-1(f)(3)) (as 
                such rules are in effect on the date on which the 
                eligible entity makes the certification) as acceptable;
                    ``(B) any funds received by the eligible entity 
                will be used, consistent with paragraph (1), to support 
                the deployment of Next Generation 9-1-1 that ensures 
                reliability and interoperability, by requiring the use 
                of commonly accepted standards;
                    ``(C) the eligible entity (or in the case that the 
                eligible entity is not a State or Tribal organization, 
                any State or taxing jurisdiction within which the 
                eligible entity will carry out or is carrying out 
                activities using grant funds) has established, or has 
                committed to establish not later than 3 years following 
                the date on which the grant funds are distributed to 
                the eligible entity--
                            ``(i) a sustainable funding mechanism for 
                        Next Generation 9-1-1; and
                            ``(ii) effective cybersecurity resources 
                        for Next Generation 9-1-1;
                    ``(D) the eligible entity will promote 
                interoperability between emergency communications 
                centers deploying Next Generation 9-1-1 and emergency 
                response providers, including users of the nationwide 
                public safety broadband network;
                    ``(E) the eligible entity has or will take steps to 
                coordinate with adjoining States and Tribes to 
                establish and maintain Next Generation 9-1-1; and
                    ``(F) the eligible entity has developed a plan for 
                public outreach and education on how the public can 
                best use Next Generation 9-1-1 and on the capabilities 
                and usefulness of Next Generation 9-1-1.
            ``(6) Condition of grant.--Each eligible entity shall 
        agree, as a condition of receipt of a grant under this 
        subsection, that if any State or taxing jurisdiction within 
        which the eligible entity will carry out activities using grant 
        funds fails to comply with a certification required under 
        paragraph (5), during any period of time during which the funds 
        from the grant are available to the eligible entity, all of the 
        funds from such grant shall be returned to the Assistant 
        Secretary.
            ``(7) Penalty for providing false information.--Any 
        eligible entity that provides a certification under paragraph 
        (5) knowing that the information provided in the certification 
        was false shall--
                    ``(A) not be eligible to receive the grant under 
                this subsection;
                    ``(B) return any grant awarded under this 
                subsection; and
                    ``(C) not be eligible to receive any subsequent 
                grants under this subsection.
            ``(8) Prohibition.--Grant funds provided under this 
        subsection may not be used--
                    ``(A) to support any activity of the First 
                Responder Network Authority; or
                    ``(B) to make any payments to a person who has 
                been, for reasons of national security, prohibited by 
                any entity of the Federal Government from bidding on a 
                contract, participating in an auction, or receiving a 
                grant.
    ``(d) Definitions.--In this section and sections 160 and 161:
            ``(1) 9-1-1 fee or charge.--The term `9-1-1 fee or charge' 
        has the meaning given such term in section 6(f)(3)(D) of the 
        Wireless Communications and Public Safety Act of 1999 (47 
        U.S.C. 615a-1(f)(3)(D)).
            ``(2) 9-1-1 request for emergency assistance.--The term `9-
        1-1 request for emergency assistance' means a communication, 
        such as voice, text, picture, multimedia, or any other type of 
        data that is sent to an emergency communications center for the 
        purpose of requesting emergency assistance.
            ``(3) Commonly accepted standards.--The term `commonly 
        accepted standards' means the technical standards followed by 
        the communications industry for network, device, and Internet 
        Protocol connectivity that--
                    ``(A) enable interoperability; and
                    ``(B) are--
                            ``(i) developed and approved by a standards 
                        development organization that is accredited by 
                        an American standards body (such as the 
                        American National Standards Institute) or an 
                        equivalent international standards body in a 
                        process--
                                    ``(I) that is open to the public, 
                                including open for participation by any 
                                person; and
                                    ``(II) provides for a conflict 
                                resolution process;
                            ``(ii) subject to an open comment and input 
                        process before being finalized by the standards 
                        development organization;
                            ``(iii) consensus-based; and
                            ``(iv) made publicly available once 
                        approved.
            ``(4) Cost related to the training.--The term `cost related 
        to the training' means--
                    ``(A) actual wages incurred for travel and 
                attendance, including any necessary overtime pay and 
                backfill wage;
                    ``(B) travel expenses;
                    ``(C) instructor expenses; or
                    ``(D) facility costs and training materials.
            ``(5) Eligible entity.--The term `eligible entity'--
                    ``(A) means--
                            ``(i) a State or a Tribal organization (as 
                        defined in section 4(l) of the Indian Self-
                        Determination and Education Assistance Act (25 
                        U.S.C. 5304(l))); or
                            ``(ii) an entity, including a public 
                        authority, board, or commission, established by 
                        one or more entities described in clause (i); 
                        and
                    ``(B) does not include any entity that has failed 
                to submit the certifications required under subsection 
                (c)(5).
            ``(6) Emergency communications center.--
                    ``(A) In general.--The term `emergency 
                communications center' means--
                            ``(i) a facility that--
                                    ``(I) is designated to receive a 9-
                                1-1 request for emergency assistance; 
                                and
                                    ``(II) performs one or more of the 
                                functions described in subparagraph 
                                (B); or
                            ``(ii) a public safety answering point, as 
                        defined in section 222 of the Communications 
                        Act of 1934 (47 U.S.C. 222).
                    ``(B) Functions described.--The functions described 
                in this subparagraph are the following:
                            ``(i) Processing and analyzing 9-1-1 
                        requests for emergency assistance and 
                        information and data related to such requests.
                            ``(ii) Dispatching appropriate emergency 
                        response providers.
                            ``(iii) Transferring or exchanging 9-1-1 
                        requests for emergency assistance and 
                        information and data related to such requests 
                        with one or more other emergency communications 
                        centers and emergency response providers.
                            ``(iv) Analyzing any communications 
                        received from emergency response providers.
                            ``(v) Supporting incident command 
                        functions.
            ``(7) Emergency response provider.--The term `emergency 
        response provider' has the meaning given that term under 
        section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101).
            ``(8) First responder network authority.--The term `First 
        Responder Network Authority' means the authority established 
        under 6204 of the Middle Class Tax Relief and Job Creation Act 
        of 2012 (47 U.S.C. 1424).
            ``(9) Interoperability.--The term `interoperability' means 
        the capability of emergency communications centers to receive 
        9-1-1 requests for emergency assistance and information and 
        data related to such requests, such as location information and 
        callback numbers from a person initiating the request, then 
        process and share the 9-1-1 requests for emergency assistance 
        and information and data related to such requests with other 
        emergency communications centers and emergency response 
        providers without the need for proprietary interfaces and 
        regardless of jurisdiction, equipment, device, software, 
        service provider, or other relevant factors.
            ``(10) Nationwide public safety broadband network.--The 
        term `nationwide public safety broadband network' has the 
        meaning given the term in section 6001 of the Middle Class Tax 
        Relief and Job Creation Act of 2012 (47 U.S.C. 1401).
            ``(11) Next generation 9-1-1.--The term `Next Generation 9-
        1-1' means an Internet Protocol-based system that--
                    ``(A) ensures interoperability;
                    ``(B) is secure;
                    ``(C) employs commonly accepted standards;
                    ``(D) enables emergency communications centers to 
                receive, process, and analyze all types of 9-1-1 
                requests for emergency assistance;
                    ``(E) acquires and integrates additional 
                information useful to handling 9-1-1 requests for 
                emergency assistance; and
                    ``(F) supports sharing information related to 9-1-1 
                requests for emergency assistance among emergency 
                communications centers and emergency response 
                providers.
            ``(12) Reliability.--The term `reliability' means the 
        employment of sufficient measures to ensure the ongoing 
        operation of Next Generation 9-1-1 including through the use of 
        geo-diverse, device- and network-agnostic elements that provide 
        more than one route between end points with no common points 
        where a single failure at that point would cause all to fail.
            ``(13) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, American 
        Samoa, Guam, the United States Virgin Islands, the Northern 
        Mariana Islands, and any other territory or possession of the 
        United States.
            ``(14) Sustainable funding mechanism.--The term 
        `sustainable funding mechanism' means a funding mechanism that 
        provides adequate revenues to cover ongoing expenses, including 
        operations, maintenance, and upgrades.

``SEC. 160. ESTABLISHMENT OF NATIONWIDE NEXT GENERATION 9-1-1 
              CYBERSECURITY CENTER.

    ``The Assistant Secretary shall establish a Next Generation 9-1-1 
Cybersecurity Center to coordinate with State, local, and regional 
governments on the sharing of cybersecurity information about, the 
analysis of cybersecurity threats to, and guidelines for strategies to 
detect and prevent cybersecurity intrusions relating to Next Generation 
9-1-1.

``SEC. 161. NEXT GENERATION 9-1-1 ADVISORY BOARD.

    ``(a) Next Generation 9-1-1 Advisory Board.--
            ``(1) Establishment.--The Assistant Secretary shall 
        establish a `Public Safety Next Generation 9-1-1 Advisory 
        Board' (in this section referred to as the `Board') to provide 
        recommendations to the Assistant Secretary--
                    ``(A) with respect to carrying out the duties and 
                responsibilities of the Assistant Secretary in issuing 
                the regulations required under section 159(c);
                    ``(B) as required by paragraph (7); and
                    ``(C) upon request under paragraph (8).
            ``(2) Membership.--
                    ``(A) Voting members.--Not later than 150 days 
                after the date of the enactment of this section, the 
                Assistant Secretary shall appoint 16 public safety 
                members to the Board, of which--
                            ``(i) 4 members shall represent local law 
                        enforcement officials;
                            ``(ii) 4 members shall represent fire and 
                        rescue officials;
                            ``(iii) 4 members shall represent emergency 
                        medical service officials; and
                            ``(iv) 4 members shall represent 9-1-1 
                        professionals.
                    ``(B) Diversity of membership.--Members shall be 
                representatives of State or Tribes and local 
                governments, chosen to reflect geographic and 
                population density differences as well as public safety 
                organizations at the national level across the United 
                States.
                    ``(C) Expertise.--All members shall have specific 
                expertise necessary for developing technical 
                requirements under this section, such as technical 
                expertise, and expertise related to public safety 
                communications and 9-1-1 services.
                    ``(D) Rank and file members.--In making the 
                appointments required by subparagraph (A), the 
                Assistant Secretary shall appoint a rank and file 
                member from each of the public safety disciplines 
                listed in clauses (i) through (iv) of subparagraph (A) 
                as a member of the Board and shall select such member 
                from an organization that represents its public safety 
                discipline at the national level.
            ``(3) Period of appointment.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Board shall serve for 
                a 3-year term.
                    ``(B) Removal for cause.--A member of the Board may 
                be removed for cause upon the determination of the 
                Assistant Secretary.
            ``(4) Vacancies.--Any vacancy in the Board shall be filled 
        in the same manner as the original appointment.
            ``(5) Quorum.--A majority of the members of the Board shall 
        constitute a quorum.
            ``(6) Chairperson and vice chairperson.--The Board shall 
        select a Chairperson and Vice Chairperson from among the voting 
        members of the Board.
            ``(7) Duty of board to submit recommendations.--Not later 
        than 120 days after all members of the Board are appointed 
        under paragraph (2), the Board shall submit to the Assistant 
        Secretary recommendations for--
                    ``(A) deploying Next Generation 9-1-1 in rural and 
                urban areas;
                    ``(B) ensuring flexibility in guidance, rules, and 
                grant funding to allow for technology improvements;
                    ``(C) creating efficiencies related to Next 
                Generation 9-1-1, including cybersecurity and the 
                virtualization and sharing of core infrastructure;
                    ``(D) enabling effective coordination among State, 
                local, Tribal, and territorial government entities to 
                ensure that the needs of emergency communications 
                centers in both rural and urban areas are taken into 
                account in each implementation plan required under 
                section 159(c)(3)(A)(iii); and
                    ``(E) incorporating existing cybersecurity 
                resources to Next Generation 9-1-1 procurement and 
                deployment.
            ``(8) Authority to provide additional recommendations.--
        Except as provided in paragraphs (1) and (7), the Board may 
        provide recommendations to the Assistant Secretary only upon 
        request of the Assistant Secretary.
            ``(9) Duration of authority.--The Board shall terminate on 
        the date on which funds made available to make grants under 
        section 159(c) are no longer available to be expended.
    ``(b) Rule of Construction.--Nothing in this section may be 
construed as limiting the authority of the Assistant Secretary to seek 
comment from stakeholders and the public.''.
    (b) Preservation of Certain Definitions.--Section 158(d)(2) of the 
National Telecommunications and Information Administration Organization 
Act (47 U.S.C. 942(d)(2)) is amended by striking ``section'' each place 
it appears and inserting ``section (except for subsection (e))''.

                TITLE IV--INCUMBENT INFORMING CAPABILITY

SEC. 401. INCUMBENT INFORMING CAPABILITY.

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

``SEC. 120. INCUMBENT INFORMING CAPABILITY.

    ``(a) In General.--The Assistant Secretary shall--
            ``(1) not later than 120 days after the date of the 
        enactment of this section, begin to amend the Department of 
        Commerce spectrum management document entitled `Manual of 
        Regulations and Procedures for Federal Radio Frequency 
        Management' so as to incorporate an incumbent informing 
        capability; and
            ``(2) not later than the date on which the total amount of 
        funds required to be made available from the Public Safety and 
        Secure Networks Fund under section 601(c)(3) of the Spectrum 
        Innovation Act of 2022 is so made available, begin to implement 
        such capability, including the development and testing of such 
        capability.
    ``(b) Establishment of the Incumbent Informing Capability.--
            ``(1) In general.--The incumbent informing capability 
        required by subsection (a) shall include a system to enable 
        sharing, including time-based sharing and coordination, to 
        securely manage harmful interference between non-Federal users 
        and incumbent Federal entities sharing a band of covered 
        spectrum and between Federal entities sharing a band of covered 
        spectrum.
            ``(2) Requirements.--The system required by paragraph (1) 
        shall contain, at a minimum, the following:
                    ``(A) One or more mechanisms to allow non-Federal 
                use in covered spectrum, as authorized by the rules of 
                the Commission. Such mechanism or mechanisms shall 
                include interfaces to commercial sharing systems, as 
                appropriate.
                    ``(B) One or more mechanisms to facilitate Federal-
                to-Federal sharing, as authorized by the NTIA.
                    ``(C) One or more mechanisms to prevent, eliminate, 
                or mitigate harmful interference to incumbent Federal 
                entities, including one or more of the following 
                functions:
                            ``(i) Sensing.
                            ``(ii) Identification.
                            ``(iii) Reporting.
                            ``(iv) Analysis.
                            ``(v) Resolution.
                    ``(D) Dynamic coordination area analysis, 
                definition, and control, if appropriate for a band.
            ``(3) Compliance with commission rules.--The incumbent 
        informing capability required by subsection (a) shall ensure 
        that use of covered spectrum is in accordance with the 
        applicable rules of the Commission.
            ``(4) Input of information.--Each incumbent Federal entity 
        sharing a band of covered spectrum shall--
                    ``(A) input into the system required by paragraph 
                (1) such information as the Assistant Secretary may 
                require, including the frequency, time, and location of 
                the use of the band by such Federal entity; and
                    ``(B) to the extent practicable, input such 
                information into such system on an automated basis.
            ``(5) Protection of classified information and controlled 
        unclassified information.--The system required by paragraph (1) 
        shall contain appropriate measures to protect classified 
        information and controlled unclassified information, including 
        any such classified information or controlled unclassified 
        information that relates to military operations.
    ``(c) Briefing.--Not later than 1 year after the date on which the 
total amount of funds required to be made available from the Public 
Safety and Secure Networks Fund under section 601(c)(3) of the Spectrum 
Innovation Act of 2022 is so made available, the Assistant Secretary 
shall provide a briefing on the implementation of this section to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate.
    ``(d) Definitions.--In this section:
            ``(1) Covered spectrum.--The term `covered spectrum' 
        means--
                    ``(A) electromagnetic spectrum for which usage 
                rights are assigned to or authorized for (including 
                before the date on which the incumbent informing 
                capability required by subsection (a) is implemented) a 
                non-Federal user or class of non-Federal users for use 
                on a shared basis with an incumbent Federal entity in 
                accordance with the rules of the Commission; and
                    ``(B) electromagnetic spectrum allocated on a 
                primary or co-primary basis for Federal use that is 
                shared among Federal entities.
            ``(2) Federal entity.--The term `Federal entity' has the 
        meaning given such term in section 113(l).
            ``(3) Incumbent informing capability.--The term `incumbent 
        informing capability' means a capability to facilitate the 
        sharing of covered spectrum.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to alter or expand the authority of the NTIA as described in 
section 113(j)(1).''.

              TITLE V--EXTENSION OF FCC AUCTION AUTHORITY

SEC. 501. EXTENSION OF FCC AUCTION AUTHORITY.

    (a) In General.--Section 309(j)(11) of the Communications Act of 
1934 (47 U.S.C. 309(j)(11)) is amended by striking ``September 30, 
2022'' and inserting ``March 31, 2024''.
    (b) Deposit of Proceeds.--
            (1) In general.--Notwithstanding subparagraphs (A), (C)(i), 
        (D), and (G)(iii) of section 309(j)(8) of the Communications 
        Act of 1934 (47 U.S.C. 309(j)(8)) and except as provided in 
        subparagraph (B) of such section, the proceeds (including 
        deposits and upfront payments from successful bidders) of any 
        system of competitive bidding described in paragraph (2) (in 
        this paragraph referred to as the ``covered proceeds'') shall 
        be deposited as follows:
                    (A) In the case of covered proceeds attributable to 
                eligible frequencies described in subsection (g)(2) of 
                section 113 of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                923), such amount of such proceeds as is necessary to 
                cover the relocation or sharing costs (as defined in 
                subsection (g)(3) of such section) of Federal entities 
                (as defined in subsection (l) of such section) 
                relocated from or sharing such eligible frequencies 
                shall be deposited in the Spectrum Relocation Fund 
                established under section 118 of such Act (47 U.S.C. 
                928). Any remainder of such proceeds shall be deposited 
                in the Public Safety and Secure Networks Fund 
                established by section 601 of this Act.
                    (B) In the case of covered proceeds attributable to 
                spectrum usage rights made available through an 
                incentive auction under subparagraph (G) of section 
                309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
                309(j)(8)), such amount of such proceeds as the Federal 
                Communications Commission has agreed to share with 
                licensees under such subparagraph shall be shared with 
                such licensees. Any remainder of such proceeds shall be 
                deposited in the Public Safety and Secure Networks Fund 
                established by section 601 of this Act.
                    (C) Any other covered proceeds shall be deposited 
                in the Public Safety and Secure Networks Fund 
                established by section 601 of this Act.
            (2) System of competitive bidding described.--A system of 
        competitive bidding described in this paragraph is any system 
        of competitive bidding under section 309(j) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)) that is concluded 
        during the period beginning on July 1, 2022, and ending on 
        March 31, 2024, except for the system of competitive bidding 
        required by section 101(b)(3)(A) of this Act.

            TITLE VI--PUBLIC SAFETY AND SECURE NETWORKS FUND

SEC. 601. PUBLIC SAFETY AND SECURE NETWORKS FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund to be known as the ``Public Safety and Secure 
Networks Fund'' (in this section referred to as the ``Fund'').
    (b) Accounting for Federal Budget Baseline.--
            (1) Proceeds of auction of 2496-2690 mhz band.--In the case 
        of the proceeds of any system of competitive bidding under 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)) with respect to the frequencies between 2496 megahertz 
        and 2690 megahertz, inclusive, that are deposited in the Fund 
        as required by section 501(b) of this Act, the first 
        $1,800,000,000 of such proceeds shall be deposited in the 
        general fund of the Treasury, where such amounts shall be 
        dedicated for the sole purpose of deficit reduction. The 
        remainder of such proceeds shall be available or deposited 
        under subsection (c).
            (2) Proceeds of required auction of 3.1-3.45 ghz band.--In 
        the case of the proceeds of the system of competitive bidding 
        required by subparagraph (A) of section 101(b)(3) that are 
        deposited in the Fund as required by subparagraph (D) of such 
        section, the first $17,300,000,000 of such proceeds shall be 
        deposited in the general fund of the Treasury, where such 
        amounts shall be dedicated for the sole purpose of deficit 
        reduction. The remainder of such proceeds shall be available or 
        deposited under subsection (c).
    (c) Use of Funds.--Except as provided in subsection (b), as amounts 
are deposited in the Fund, such amounts shall be available or deposited 
as follows:
            (1) $3,080,000,000 shall be available to the Federal 
        Communications Commission until expended to carry out the 
        program established under section 4 of the Secure and Trusted 
        Communications Networks Act of 2019 (47 U.S.C. 1603).
            (2) After the amount required to be made available by 
        paragraph (1) is so made available, $10,000,000,000 shall be 
        available to the Assistant Secretary of Commerce for 
        Communications and Information until expended to carry out 
        sections 159, 160, and 161 of the National Telecommunications 
        and Information Administration Organization Act, as added by 
        section 301(a) of this Act, except that not more than 4 percent 
        of the amount made available by this paragraph may be used for 
        administrative purposes (including carrying out such sections 
        160 and 161).
            (3) After the amount required to be made available by 
        paragraph (2) is so made available, $117,400,000 shall be 
        available to the Assistant Secretary of Commerce for 
        Communications and Information until expended to carry out 
        section 120 of the National Telecommunications and Information 
        Administration Organization Act, as added by section 401 of 
        this Act.
            (4) After the amount required to be made available by 
        paragraph (3) is so made available, any remaining amounts 
        deposited in the Fund shall be deposited in the general fund of 
        the Treasury, where such amounts shall be dedicated for the 
        sole purpose of deficit reduction.

             TITLE VII--DETERMINATION OF BUDGETARY EFFECTS

SEC. 701. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

            Passed the House of Representatives July 27, 2022.

            Attest:

                                                                 Clerk.
117th CONGRESS

  2d Session

                               H. R. 7624

_______________________________________________________________________

                                 AN ACT

 To make available additional frequencies in the 3.1-3.45 GHz band for 
 non-Federal use, shared Federal and non-Federal use, or a combination 
                    thereof, and for other purposes.