[Congressional Record Volume 157, Number 191 (Tuesday, December 13, 2011)]
[House]
[Pages H8882-H8901]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 3630

                         Offered By: Mr. Levin

       Amendment No. 1: Strike all after the enacting clause and 
     insert the following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Middle 
     Class Fairness and Putting America Back To Work Act of 
     2011.''
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:
Sec. 1.  Short title; table of contents.
Sec. 2. Paygo scorecard estimates.

         DIVISION A--TAX, HEALTH, TANF, UI, AND OCO PROVISIONS

                        TITLE I--TAX PROVISIONS

Sec. 101. Temporary extension and expansion of employee payroll tax 
              relief.
Sec. 102. Extension of allowance for bonus depreciation for certain 
              business assets.
Sec. 103. Surtax on millionaires.

                  TITLE II--HEALTH AND TANF PROVISIONS

                           Subtitle A--Health

Sec. 201. Repeal of SGR; 10-year freeze in physician payment rates.
Sec. 202. Extension of MMA section 508 reclassifications.
Sec. 203. Extension of Medicare work geographic adjustment floor.
Sec. 204. Extension of exceptions process for Medicare therapy caps.
Sec. 205. Extension of payment for technical component of certain 
              physician pathology services.
Sec. 206. Extension of ambulance add-ons.
Sec. 207. Extension of physician fee schedule mental health add-on 
              payment.
Sec. 208. Extension of outpatient hold harmless provision.
Sec. 209. Extending minimum payment for bone mass measurement.
Sec. 210. Extension of the qualifying individual (QI) program.
Sec. 211. Extension of Transitional Medical Assistance (TMA).

     Subtitle B--Extension of TANF Program Through Fiscal Year 2012

Sec. 221. Short title.
Sec. 222. Extension of program.

             TITLE III--EXTENSION OF UNEMPLOYMENT PROGRAMS

Sec. 301. Short title.
Sec. 302. Temporary extension of unemployment insurance provisions.
Sec. 303. Modification of indicators under the extended benefit 
              program.
Sec. 304. Additional extended unemployment benefits under the Railroad 
              Unemployment Insurance Act.
Sec. 305. Emergency designations.

         TITLE IV--SAVINGS FROM OVERSEAS CONTINGENCY OPERATIONS

Sec. 401. Overseas contingency and related activities.

     DIVISION B--WIRELESS INNOVATION AND PUBLIC SAFETY ACT OF 2011

Sec. 1001. Short title.
Sec. 1002. Definitions.
Sec. 1003. Rule of construction.
Sec. 1004. Enforcement.

 TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM

Sec. 1101. Reallocation of 700 MHz D block spectrum for public safety 
              use.
Sec. 1102. Assignment of license to Corporation.
Sec. 1103. Ensuring efficient and flexible use of 700 MHz public safety 
              narrowband spectrum.
Sec. 1104. Sharing of public safety broadband spectrum and network.
Sec. 1105. Commission rules.
Sec. 1106. FCC report on efficient use of public safety spectrum.

            TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS

              Subtitle A--Public Safety Broadband Network

Sec. 1201. Establishment and operation of Public Safety Broadband 
              Corporation.
Sec. 1202. Public safety broadband network.
Sec. 1203. Program Management Office.
Sec. 1204. Representation before standards setting entities.
Sec. 1205. GAO report on satellite broadband.
Sec. 1206. Access to Federal supply schedules.
Sec. 1207. Federal infrastructure sharing.
Sec. 1208. Initial funding for Corporation.
Sec. 1209. Permanent self-funding of Corporation and duty to collect 
              certain fees.

    Subtitle B--State, Local, and Tribal Planning and Implementation

Sec. 1211. State, Local, and Tribal Planning and Implementation Fund.
Sec. 1212. State, local, and tribal planning and implementation grant 
              program.
Sec. 1213. Public safety wireless facilities deployment.

   Subtitle C--Public Safety Communications Research and Development

Sec. 1221. NIST-directed public safety wireless communications research 
              and development.

               Subtitle D--Next Generation 9-1-1 Services

Sec. 1231. Definitions.
Sec. 1232. Coordination of 9-1-1 implementation.
Sec. 1233. Requirements for multi-line telephone systems.
Sec. 1234. GAO study of State and local use of 9-1-1 service charges.
Sec. 1235. Parity of protection for provision or use of next generation 
              9-1-1 service.
Sec. 1236. Commission proceeding on autodialing.
Sec. 1237. NHTSA report on costs for requirements and specifications of 
              Next Generation 9-1-1 services.
Sec. 1238. FCC recommendations for legal and statutory framework for 
              Next Generation 9-1-1 services.

                 TITLE III--SPECTRUM AUCTION AUTHORITY

Sec. 1301. Deadlines for auction of certain spectrum.
Sec. 1302. Incentive auction authority.

                   TITLE IV--PUBLIC SAFETY TRUST FUND

Sec. 1401. Public Safety Trust Fund.

                        TITLE V--SPECTRUM POLICY

Sec. 1501. Spectrum inventory.
Sec. 1502. Federal spectrum planning.
Sec. 1503. Reallocating Federal spectrum for commercial purposes and 
              Federal spectrum sharing.
Sec. 1504. Study on spectrum efficiency through receiver standards.
Sec. 1505. Study on unlicensed use in the 5 GHz band.
Sec. 1506. Report on availability of wireless equipment for the 700 MHz 
              band.

     SEC. 2. PAYGO SCORECARD ESTIMATES.

       (a) Budgetary Effects.--Neither scorecard maintained by the 
     Office of Management and Budget pursuant to section 4(d) of 
     the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 933) shall 
     include the budgetary effects of this Act if such budgetary 
     effects do not increase the deficit for any applicable period 
     as determined by the estimate submitted for printing in the 
     Congressional Record pursuant to section 4(d) of such Act.
       (b) Deficit.--The increase or decrease in the deficit in 
     the estimate submitted for printing referred to in subsection 
     (a) shall be determined on the basis of--
       (1) the change in total outlays and total revenue of the 
     Federal Government, including off-budget effects, that would 
     result from this Act; and
       (2) the estimate of the effects of the changes to the 
     discretionary spending limits set forth in section 251 of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 in 
     this Act.

         DIVISION A--TAX, HEALTH, TANF, UI, AND OCO PROVISIONS

                        TITLE I--TAX PROVISIONS

     SEC. 101. TEMPORARY EXTENSION AND EXPANSION OF EMPLOYEE 
                   PAYROLL TAX RELIEF.

       (a) Extension.--Section 601(c) of the Tax Relief, 
     Unemployment Insurance Reauthorization, and Job Creation Act 
     of 2010 (26 U.S.C. 1401 note) is amended by striking ``year 
     2011'' and inserting ``years 2011 and 2012''.
       (b) Increased Relief.--
       (1) In general.--Subsection (a) of section 601 of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (26 U.S.C. 1401 note) is amended--
       (A) by inserting ``(9.3 percent for calendar year 2012)'' 
     after ``10.40 percent'' in paragraph (1), and
       (B) in paragraph (2)--
       (i) by striking ``(including'' and inserting ``(3.1 percent 
     in the case of calendar year 2012), including'' after ``4.2 
     percent'', and

[[Page H8883]]

       (ii) by striking ``Code)'' and inserting ``Code''.
       (2) Coordination with individual deduction for employment 
     taxes.--Subparagraph (A) of section 601(b)(2) of such Act is 
     amended by inserting ``(66.67 percent for taxable years which 
     begin in 2012)'' after ``59.6 percent''.
       (c) Technical Amendments.--Paragraph (2) of section 601(b) 
     of the Tax Relief, Unemployment Insurance Reauthorization, 
     and Job Creation Act of 2010 (26 U.S.C. 1401 note) is 
     amended--
       (1) by inserting ``of such Code'' after ``164(f)'',
       (2) by inserting ``of such Code'' after ``1401(a)'' in 
     subparagraph (A), and
       (3) by inserting ``of such Code'' after ``1401(b)'' in 
     subparagraph (B).

     SEC. 102. EXTENSION OF ALLOWANCE FOR BONUS DEPRECIATION FOR 
                   CERTAIN BUSINESS ASSETS.

       (a) Extension of 100 Percent Bonus Depreciation.--
       (1) In general.--Paragraph (5) of section 168(k) of the 
     Internal Revenue Code of 1986 is amended--
       (A) by striking ``January 1, 2012'' each place it appears 
     and inserting ``January 1, 2013'', and
       (B) by striking ``January 1, 2013'' and inserting ``January 
     1, 2014''.
       (2) Conforming amendments.--
       (A) The heading for paragraph (5) of section 168(k) of such 
     Code is amended by striking ``Pre-2012 periods'' and 
     inserting ``Pre-2013 periods''.
       (B) Clause (ii) of section 460(c)(6)(B) of such Code is 
     amended to read as follows:
       ``(ii) is placed in service--

       ``(I) after December 31, 2009, and before January 1, 2011 
     (January 1, 2012, in the case of property described in 
     section 168(k)(2)(B)), or
       ``(II) after December 31, 2011, and before January 1, 2013 
     (January 1, 2014, in the case of property described in 
     section 168(k)(2)(B)).''.

       (3) Effective date.--The amendments made by this subsection 
     shall apply to property placed in service after December 31, 
     2011.
       (b) Expansion of Election To Accelerate AMT Credits in Lieu 
     of Bonus Depreciation.--
       (1) In general.--Paragraph (4) of section 168(k) of such 
     Code is amended to read as follows:
       ``(4) Election to accelerate amt credits in lieu of bonus 
     depreciation.--
       ``(A) In general.--If a corporation elects to have this 
     paragraph apply for any taxable year--
       ``(i) paragraph (1) shall not apply to any eligible 
     qualified property placed in service by the taxpayer in such 
     taxable year,
       ``(ii) the applicable depreciation method used under this 
     section with respect to such property shall be the straight 
     line method, and
       ``(iii) the limitation imposed by section 53(c) for such 
     taxable year shall be increased by the bonus depreciation 
     amount which is determined for such taxable year under 
     subparagraph (B).
       ``(B) Bonus depreciation amount.--For purposes of this 
     paragraph--
       ``(i) In general.--The bonus depreciation amount for any 
     taxable year is an amount equal to 20 percent of the excess 
     (if any) of--

       ``(I) the aggregate amount of depreciation which would be 
     allowed under this section for eligible qualified property 
     placed in service by the taxpayer during such taxable year if 
     paragraph (1) applied to all such property, over
       ``(II) the aggregate amount of depreciation which would be 
     allowed under this section for eligible qualified property 
     placed in service by the taxpayer during such taxable year if 
     paragraph (1) did not apply to any such property.

     The aggregate amounts determined under subclauses (I) and 
     (II) shall be determined without regard to any election made 
     under subsection (b)(2)(D), (b)(3)(D), or (g)(7) and without 
     regard to subparagraph (A)(ii).
       ``(ii) Limitation.--The bonus depreciation amount for any 
     taxable year shall not exceed the lesser of--

       ``(I) the minimum tax credit under section 53(b) for such 
     taxable year determined by taking into account only the 
     adjusted minimum tax for taxable years ending before January 
     1, 2012 (determined by treating credits as allowed on a 
     first-in, first-out basis), or
       ``(II) 50 percent of the minimum tax credit under section 
     53(b) for the first taxable year ending after December 31, 
     2011.

       ``(iii) Aggregation rule.--All corporations which are 
     treated as a single employer under section 52(a) shall be 
     treated--

       ``(I) as 1 taxpayer for purposes of this paragraph, and
       ``(II) as having elected the application of this paragraph 
     if any such corporation so elects.

       ``(C) Eligible qualified property.--For purposes of this 
     paragraph, the term `eligible qualified property' means 
     qualified property under paragraph (2), except that in 
     applying paragraph (2) for purposes of this paragraph--
       ``(i) `March 31, 2008' shall be substituted for `December 
     31, 2007' each place it appears in subparagraph (A) and 
     clauses (i) and (ii) of subparagraph (E) thereof,
       ``(ii) `April 1, 2008' shall be substituted for `January 1, 
     2008' in subparagraph (A)(iii)(I) thereof, and
       ``(iii) only adjusted basis attributable to manufacture, 
     construction, or production--

       ``(I) after March 31, 2008, and before January 1, 2010, and
       ``(II) after December 31, 2010, and before January 1, 2013, 
     shall be taken into account under subparagraph (B)(ii) 
     thereof.

       ``(D) Credit refundable.--For purposes of section 6401(b), 
     the aggregate increase in the credits allowable under part IV 
     of subchapter A for any taxable year resulting from the 
     application of this paragraph shall be treated as allowed 
     under subpart C of such part (and not any other subpart).
       ``(E) Other rules.--
       ``(i) Election.--Any election under this paragraph may be 
     revoked only with the consent of the Secretary.
       ``(ii) Partnerships with electing partners.--In the case of 
     a corporation making an election under subparagraph (A) and 
     which is a partner in a partnership, for purposes of 
     determining such corporation's distributive share of 
     partnership items under section 702--

       ``(I) paragraph (1) shall not apply to any eligible 
     qualified property, and
       ``(II) the applicable depreciation method used under this 
     section with respect to such property shall be the straight 
     line method.

       ``(iii) Certain partnerships.--In the case of a partnership 
     in which more than 50 percent of the capital and profits 
     interests are owned (directly or indirectly) at all times 
     during the taxable year by one corporation (or by 
     corporations treated as 1 taxpayer under subparagraph 
     (B)(iii)), each partner shall be treated as having an amount 
     equal to such partner's allocable share of the eligible 
     property for such taxable year (as determined under 
     regulations prescribed by the Secretary).
       ``(iv) Special rule for passenger aircraft.--In the case of 
     any passenger aircraft, the written binding contract 
     limitation under paragraph (2)(A)(iii)(I) shall not apply for 
     purposes of subparagraphs (B)(i)(I) and (C).''.
       (2) Effective date.--The amendment made by this subsection 
     shall apply to taxable years ending after December 31, 2011.
       (3) Transitional rule.--In the case of a taxable year 
     beginning before January 1, 2012, and ending after December 
     31, 2011, the bonus depreciation amount determined under 
     paragraph (4) of section 168(k) of Internal Revenue Code of 
     1986 for such year shall be the sum of--
       (A) such amount determined under such paragraph as in 
     effect on the date before the date of enactment of this Act 
     taking into account only property placed in service before 
     January 1, 2012, and
       (B) such amount determined under such paragraph as amended 
     by this Act taking into account only property placed in 
     service after December 31, 2011.

     SEC. 103. SURTAX ON MILLIONAIRES.

       (a) In General.--Subchapter A of chapter 1 of the Internal 
     Revenue Code of 1986 is amended by adding at the end the 
     following new part:

                  ``PART VIII--SURTAX ON MILLIONAIRES

``Sec. 59B. Surtax on millionaires.

     ``SEC. 59B. SURTAX ON MILLIONAIRES.

       ``(a) General Rule.--In the case of a taxpayer other than a 
     corporation for any taxable year beginning after 2012 and 
     before 2022, there is hereby imposed (in addition to any 
     other tax imposed by this subtitle) a tax equal to 2.4 
     percent of so much of the modified adjusted gross income of 
     the taxpayer for such taxable year as exceeds the threshold 
     amount.
       ``(b) Threshold Amount.--For purposes of this section--
       ``(1) In general.--The threshold amount is $1,000,000.
       ``(2) Inflation adjustment.--
       ``(A) In general.--In the case of any taxable year 
     beginning after 2013, the $1,000,000 amount under paragraph 
     (1) shall be increased by an amount equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2011' 
     for `calendar year 1992' in subparagraph (B) thereof.
       ``(B) Rounding.--If any amount as adjusted under paragraph 
     (1) is not a multiple of $10,000, such amount shall be 
     rounded to the next highest multiple of $10,000.
       ``(3) Married filing separately.--In the case of a married 
     individual filing separately for any taxable year, the 
     threshold amount shall be one-half of the amount otherwise in 
     effect under this subsection for the taxable year.
       ``(c) Modified Adjusted Gross Income.--For purposes of this 
     section, the term `modified adjusted gross income' means 
     adjusted gross income reduced by any deduction (not taken 
     into account in determining adjusted gross income) allowed 
     for investment interest (as defined in section 163(d)). In 
     the case of an estate or trust, adjusted gross income shall 
     be determined as provided in section 67(e).
       ``(d) Special Rules.--
       ``(1) Nonresident alien.--In the case of a nonresident 
     alien individual, only amounts taken into account in 
     connection with the tax imposed under section 871(b) shall be 
     taken into account under this section.
       ``(2) Citizens and residents living abroad.--The dollar 
     amount in effect under subsection (a) shall be decreased by 
     the excess of--
       ``(A) the amounts excluded from the taxpayer's gross income 
     under section 911, over

[[Page H8884]]

       ``(B) the amounts of any deductions or exclusions 
     disallowed under section 911(d)(6) with respect to the 
     amounts described in subparagraph (A).
       ``(3) Charitable trusts.--Subsection (a) shall not apply to 
     a trust all the unexpired interests in which are devoted to 
     one or more of the purposes described in section 
     170(c)(2)(B).
       ``(4) Not treated as tax imposed by this chapter for 
     certain purposes.--The tax imposed under this section shall 
     not be treated as tax imposed by this chapter for purposes of 
     determining the amount of any credit under this chapter or 
     for purposes of section 55.''.
       (b) Clerical Amendment.--The table of parts for subchapter 
     A of chapter 1 of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new item:

                ``part viii. surtax on millionaires.''.

       (c) Section 15 Not To Apply.--The amendment made by 
     subsection (a) shall not be treated as a change in a rate of 
     tax for purposes of section 15 of the Internal Revenue Code 
     of 1986.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2012.

                  TITLE II--HEALTH AND TANF PROVISIONS

                           Subtitle A--Health

     SEC. 201. REPEAL OF SGR; 10-YEAR FREEZE IN PHYSICIAN PAYMENT 
                   RATES.

       (a) Sunset of the Medicare Sustainable Growth Rate (SGR) 
     Formula.--Section 1848(f) of the Social Security Act (42 
     U.S.C. 1395w-4(f)) is amended--
       (1) in paragraph (1)(B), by inserting ``(ending with 
     2011)'' after ``each succeeding year''; and
       (2) in paragraph (2), by inserting ``and ending with 2011'' 
     after ``beginning with 2000'' in the matter preceding 
     subparagraph (A).
       (b) 10-year Freeze in Rates.--Section 1848(d) of the Social 
     Security Act (42 U.S.C. 1395w-4(d)) is amended by adding at 
     the end the following new paragraph:
       ``(13) Updates for 2012 through 2021.--In lieu of the 
     update to the single conversion factor established in 
     paragraph (1)(C) that would otherwise apply for a year 
     beginning with 2012 and ending with 2021, the update to the 
     single conversion factor shall be zero percent.''.
       (c) Treatment in Out-years.--Section 1848(d) of such Act is 
     further amended by adding at the end the following new 
     paragraph:
       ``(14) Updates for years beginning with 2022.--In lieu of 
     the update to the single conversion factor established in 
     paragraph (1)(C) that would otherwise apply for a year 
     beginning with 2022, the update to the single conversion 
     factor shall be 1 plus the Secretary's estimate of the 
     percentage increase in the MEI (as defined in section 
     1842(i)(3)) for the year (divided by 100).''.

     SEC. 202. 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), and section 102(a) of the Medicare and Medicaid 
     Extenders Act of 2010 (Public Law 111-309), is amended by 
     striking ``September 30, 2011'' and inserting ``September 30, 
     2013''.
       (b) Special Rule for Fiscal Year 2012.--
       (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), during fiscal 
     year 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.--Beginning on April 1, 2012, in determining 
     the wage index applicable to hospitals that qualify for wage 
     index reclassification, the Secretary shall 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) Adjustment for Certain Hospitals in Fiscal Year 2012.--
       (1) In general.--In the case of a subsection (d) hospital 
     (as defined in subsection (d)(1)(B) of section 1886 of the 
     Social Security Act (42 U.S.C. 1395ww)) with respect to 
     which--
       (A) a reclassification of its wage index for purposes of 
     such section was extended pursuant to the amendment made by 
     subsection (a); and
       (B) the wage index applicable for such hospital for the 
     period beginning on October 1, 2011, and ending on March 31, 
     2012, was lower than for the period beginning on April 1, 
     2012, and ending on September 30, 2012, by reason of the 
     application of subsection (b)(2);
     the Secretary shall pay such hospital an additional payment 
     that reflects the difference between the wage index for such 
     periods.
       (2) Timeframe for payments.--The Secretary shall make 
     payments required under paragraph (1) by not later than 
     December 31, 2012.

     SEC. 203. EXTENSION OF MEDICARE WORK GEOGRAPHIC ADJUSTMENT 
                   FLOOR.

       Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 
     1395w-4(e)(1)(E)) is amended by striking ``before January 1, 
     2012'' and inserting ``before January 1, 2014''.

     SEC. 204. EXTENSION OF EXCEPTIONS PROCESS FOR MEDICARE 
                   THERAPY CAPS.

       (a) Application of Additional Requirements.--Section 
     1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)) 
     is amended--
       (1) by inserting ``(A)'' after ``(5)'';
       (2) by striking ``December 31, 2011'' and inserting 
     ``December 31, 2013'';
       (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 contains 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 that would exceed 
     the threshold described in clause (ii) for a year, the 
     request for such an exception, for services furnished on or 
     after July 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) 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) furnished on or after July 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).''.
       (c) 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.
       (d) Effective Date.--The amendments made by subsection (a) 
     shall apply to services furnished on or after January 1, 
     2012.
       (e) 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. 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.

     SEC. 205. EXTENSION OF 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), and section 105 of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``and 2011'' and inserting ``2011, 2012, 
     and 2013''.

     SEC. 206. EXTENSION OF AMBULANCE ADD-ONS.

       (a) Ground Ambulance.--Section 1834(l)(13)(A) of the Social 
     Security Act (42 U.S.C. 1395m(l)(13)(A)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``2012'' and inserting ``2014''; and
       (2) in each of clauses (i) and (ii), by striking ``January 
     1, 2012'' and inserting ``January 1, 2014'' 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

[[Page H8885]]

     Public Law 111-148 and section 106(b) of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``December 31, 2011'' and inserting 
     ``December 31, 2013''.
       (c) Super Rural Ambulance.--Section 1834(l)(12)(A) of the 
     Social Security Act (42 U.S.C. 1395m(l)(12)(A)) is amended by 
     striking ``2012'' and inserting ``2014''.

     SEC. 207. EXTENSION OF PHYSICIAN FEE SCHEDULE MENTAL HEALTH 
                   ADD-ON PAYMENT.

       Section 138(a)(1) of the Medicare Improvements for Patients 
     and Providers Act of 2008 (Public Law 110-275), as amended by 
     section 3107 of the Patient Protection and Affordable Care 
     Act (Public Law 111-148) and section 107 of the Medicare and 
     Medicaid Extenders Act of 2010 (Public Law 111-309), is 
     amended by striking ``December 31, 2011'' and inserting 
     ``December 31, 2013''.

     SEC. 208. EXTENSION OF OUTPATIENT HOLD HARMLESS PROVISION.

       Section 1833(t)(7)(D)(i) of the Social Security Act (42 
     U.S.C. 1395l(t)(7)(D)(i)), as amended by section 3121(a) of 
     the Patient Protection and Affordable Care Act (Public Law 
     111-148) and section 108 of the Medicare and Medicaid 
     Extenders Act of 2010 (Public Law 111-309), is amended--
       (1) in subclause (II)--
       (A) in the first sentence, by striking ``2012'' and 
     inserting ``2014''; and
       (B) in the second sentence, by striking ``or 2011'' and 
     inserting ``2011, 2012, or 2013''; and
       (2) in subclause (III)--
       (A) in the first sentence, by striking ``2009, and'' and 
     all that follows through ``for which'' and inserting ``2009, 
     and before January 1, 2014, for which''; and
       (B) in the second sentence, by striking ``2010, and'' and 
     all that follows through ``the preceding'' and inserting 
     ``2010, and before January 1, 2014, the preceding''.

     SEC. 209. EXTENDING MINIMUM PAYMENT FOR BONE MASS 
                   MEASUREMENT.

       (a) In General.--Section 1848 of the Social Security Act 
     (42 U.S.C. 1395w-4) is amended--
       (1) in subsection (b)--
       (A) in paragraph (4)(B), by striking ``for 2010 and 2011'' 
     and inserting ``for each of 2010 through 2013''; and
       (B) in paragraph (6)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``and 2011'' and inserting ``, 2011, 2012, and 2013''; and
       (ii) in subparagraph (C), by striking ``and 2011'' and 
     inserting ``, 2011, 2012, and 2013''; and
       (2) in subsection (c)(2)(B)(iv)(IV), by striking ``or 
     2011'' and inserting ``, 2011, 2012, or 2013''.
       (b) Implementation.--Notwithstanding any other provision of 
     law, the Secretary may implement the amendments made by 
     subsection (a) by program instruction or otherwise.

     SEC. 210. EXTENSION OF THE QUALIFYING INDIVIDUAL (QI) 
                   PROGRAM.

       (a) Extension.--Section 1902(a)(10)(E)(iv) of the Social 
     Security Act (42 U.S.C. 1396a(a)(10)(E)(iv)) is amended by 
     striking ``December 2011'' and inserting ``December 2013''.
       (b) Extending Total Amount Available for Allocation.--
     Section 1933(g) of such Act (42 U.S.C. 1396u-3(g)) is 
     amended--
       (1) in paragraph (2)--
       (A) by striking ``and'' at the end of subparagraph (O);
       (B) in subparagraph (P), by striking the period at the end 
     and inserting a semicolon; and
       (C) by adding at the end the following new subparagraphs:
       ``(Q) for the period that begins on January 1, 2012, and 
     ends on September 30, 2012, the total allocation amount is 
     $450,000,000;
       ``(R) for the period that begins on October 1, 2012, and 
     ends on December 31, 2012, the total allocation amount is 
     $280,000,000;
       ``(S) for the period that begins on January 1, 2013, and 
     ends on September 30, 2013, the total allocation amount is 
     $550,000,000; and
       ``(T) for the period that begins on October 1, 2013, and 
     ends on December 31, 2013, the total allocation amount is 
     $300,000,000.''; and
       (2) in paragraph (3), in the matter preceding subparagraph 
     (A), by striking ``or (P)'' and inserting ``(P), (R), or 
     (T)''.

     SEC. 211. EXTENSION OF TRANSITIONAL MEDICAL ASSISTANCE (TMA).

       Sections 1902(e)(1)(B) and 1925(f) of the Social Security 
     Act (42 U.S.C. 1396a(e)(1)(B), 1396r-6(f)) are each amended 
     by striking ``December 31, 2011'' and inserting ``December 
     31, 2013''.

     Subtitle B--Extension of TANF Program Through Fiscal Year 2012

     SEC. 221. SHORT TITLE.

       This subtitle may be cited as the ``TANF Continuation Act 
     of 2011''.

     SEC. 222. 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 TANF Continuation Act of 2011)'' after ``this 
     paragraph'' the 1st place it appears; and
       (B) by inserting ``(as so in effect)'' after ``this 
     paragraph'' the 2nd 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'' and inserting 
     ``2012''.
       (c) Supplemental Grants for Population Increases in Certain 
     States.--Section 403(a)(3)(H) of such Act (42 U.S.C. 
     603(a)(3)(H)) is amended--
       (1) in clause (i), by striking ``each of fiscal years 2002 
     and 2003'' and inserting ``fiscal year 2012'';
       (2) by striking clause (ii) and inserting the following:
       ``(ii) subparagraph (G) shall be applied as if `fiscal year 
     2012' were substituted for `fiscal year 2001'; and''; and
       (3) in clause (iii), by striking ``each of'' and all that 
     follows and inserting ``fiscal year 2012 such sums as are 
     necessary for grants under this subparagraph in a total 
     amount not to exceed $319,000,000.''.
       (d) 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),''.
       (e) 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''.
       (f) 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''.
       (g) 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''.
       (h) 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.''.
       (i) Grants to Territories.--Section 1108(b)(2) of such Act 
     (42 U.S.C. 1308(b)(2)) is amended by striking ``for fiscal 
     years 1997 through 2003'' and inserting ``fiscal year 2012''.
       (j) Prevention of Duplicate Appropriations for Fiscal Year 
     2012.--Expenditures made pursuant to the Short-Term TANF 
     Extension Act (Public Law 112-35) or section 403(b) of the 
     Social Security Act 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.
       (k) Effective Date.--This section and the amendments made 
     by this section shall take effect on the date of the 
     enactment of this Act.

             TITLE III--EXTENSION OF UNEMPLOYMENT PROGRAMS

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Emergency Unemployment 
     Compensation Extension Act of 2011''.

     SEC. 302. TEMPORARY EXTENSION OF UNEMPLOYMENT INSURANCE 
                   PROVISIONS.

       (a) In General.--(1) Section 4007 of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (A) by striking ``January 3, 2012'' each place it appears 
     and inserting ``January 3, 2013'';
       (B) in the heading for subsection (b)(2), by striking 
     ``January 3, 2012'' and inserting ``January 3, 2013''; and
       (C) in subsection (b)(3), by striking ``June 9, 2012'' and 
     inserting ``June 8, 2013''.
       (2) 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; 123 Stat. 444), is amended--
       (A) by striking ``January 4, 2012'' each place it appears 
     and inserting ``January 4, 2013''; and
       (B) in subsection (c), by striking ``June 11, 2012'' and 
     inserting ``June 11, 2013''.
       (3) Section 5 of the Unemployment Compensation Extension 
     Act of 2008 (Public Law 110-449; 26 U.S.C. 3304 note) is 
     amended by striking ``June 10, 2012'' and inserting ``June 
     10, 2013''.
       (b) Funding.--Section 4004(e)(1) of the Supplemental 
     Appropriations Act, 2008 (Public Law 110-252; 26 U.S.C. 3304 
     note) is amended--
       (1) in subparagraph (F), by striking ``and'' at the end; 
     and
       (2) by inserting after subparagraph (G) the following:
       ``(H) the amendments made by section 302(a)(1) of the 
     Emergency Unemployment Compensation Extension Act of 2011; 
     and''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect as if included in the enactment of the Tax 
     Relief, Unemployment Insurance Reauthorization, and Job 
     Creation Act of 2010 (Public Law 111-312).

     SEC. 303. MODIFICATION OF INDICATORS UNDER THE EXTENDED 
                   BENEFIT PROGRAM.

       (a) Extension.--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 ``December 31, 2011'' 
     and inserting ``December 31, 2012''; and
       (2) in subsection (f)(2), by striking ``December 31, 2011'' 
     and inserting ``December 31, 2012''.

[[Page H8886]]

       (b) Indicator.--Section 203(d) of the Federal-State 
     Extended Unemployment Compensation Act of 1970 (26 U.S.C. 
     3304 note) is amended by adding at the end the following: 
     ``Effective with respect to compensation for weeks of 
     unemployment beginning on or after January 1, 2012 (or, if 
     later, the date established pursuant to State law) and ending 
     on or before December 31, 2012, the State may by statute, 
     regulation, or other issuance having the force and effect of 
     law provide that the determination of whether there has been 
     a State `on' or `off' indicator beginning or ending any 
     extended benefit period shall be made under this subsection, 
     disregarding subparagraph (A) of paragraph (1) and as if 
     paragraph (2) had been amended by striking `either 
     subparagraph (A) or'.''.
       (c) Alternative Trigger.--Section 203(f) of the Federal-
     State Extended Unemployment Compensation Act of 1970 (26 
     U.S.C. 3304 note) is amended--
       (1) by redesignating paragraph (3) as paragraph (4); and
       (2) by inserting after paragraph (2) the following:
       ``(3) Effective with respect to compensation for weeks of 
     unemployment beginning on or after January 1, 2012 (or, if 
     later, the date established pursuant to State law) and ending 
     on or before December 31, 2012, the State may by statute, 
     regulation, or other issuance with the force and effect of 
     law provide that the determination of whether there has been 
     a State `on' or `off' indicator beginning or ending any 
     extended benefit period shall be made under this subsection, 
     disregarding clause (ii) of paragraph (1)(A) and as if 
     paragraph (1)(B) had been amended by striking `either the 
     requirements of clause (i) or (ii)' and inserting `the 
     requirements of clause (i)'.''.

     SEC. 304. 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) and section 505 of the Tax Relief, Unemployment 
     Insurance Reauthorization, and Job Creation Act of 2010 
     (Public Law 111-312), is amended--
       (1) by striking ``June 30, 2011'' and inserting ``June 30, 
     2012''; and
       (2) by striking ``December 31, 2011'' 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 the enactment of this Act.

     SEC. 305. EMERGENCY DESIGNATIONS.

       (a) Statutory PAYGO.--This title is designated as an 
     emergency requirement pursuant to section 4(g) of the 
     Statutory Pay-As-You-Go Act of 2010 (Public Law 111-139; 2 
     U.S.C. 933(g)).
       (b) Senate.--In the Senate, this title is designated as an 
     emergency requirement pursuant to section 403(a) of S. Con. 
     Res. 13 (111th Congress), the concurrent resolution on the 
     budget for fiscal year 2010.
       (c) House of Representatives.--In the House of 
     Representatives, every provision of this title is expressly 
     designated as an emergency for purposes of cut-go principles.

         TITLE IV--SAVINGS FROM OVERSEAS CONTINGENCY OPERATIONS

     SEC. 401. OVERSEAS CONTINGENCY AND RELATED ACTIVITIES.

       (a) In General.--Section 251(b)(2) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Overseas contingency and related activities.--
       ``(i) Cap adjustment.--If a bill or joint resolution making 
     appropriations for a fiscal year is enacted that specifies an 
     amount for overseas contingency and related activities for 
     that fiscal year after taking into account any other bills or 
     joint resolutions enacted for that fiscal year that specify 
     an amount for overseas contingency and related activities, 
     but do not exceed in the aggregate the amounts specified in 
     clause (ii), then the adjustments for that fiscal year shall 
     be the additional new budget authority provided in that Act 
     for such activities for that fiscal year.
       ``(ii) Levels.--The levels for overseas contingency and 
     related activities specified in this subparagraph are as 
     follows:

       ``(I) For fiscal year 2013, $83,000,000,000 in budget 
     authority.
       ``(II) For fiscal year 2014, $50,000,000,000 in budget 
     authority.
       ``(III) For fiscal year 2015, $50,000,000,000 in budget 
     authority.
       ``(IV) For fiscal year 2016, $50,000,000,000 in budget 
     authority.
       ``(V) For fiscal year 2017, $50,000,000,000 in budget 
     authority.
       ``(VI) For fiscal year 2018, $50,000,000,000 in budget 
     authority.
       ``(VII) For fiscal year 2019, $50,000,000,000 in budget 
     authority.
       ``(VIII) For fiscal year 2020, $50,000,000,000 in budget 
     authority.
       ``(IX) For fiscal year 2021, $50,000,000,000 in budget 
     authority.''.

       (b) Breach.--Section 251(a)(2) of such Act (2 U.S.C. 
     901(a)(2)) is amended to read as follows:
       ``(2) Eliminating a breach.--
       ``(A) In general.--Each non-exempt account within a 
     category shall be reduced by a dollar amount calculated by 
     multiplying the enacted level of sequestrable budgetary 
     resources in that account by the uniform percentage necessary 
     to eliminate a breach within that category.
       ``(B) Overseas contingencies.--Any amount of budget 
     authority for overseas contingency operations and related 
     activities for fiscal years 2013 through 2021 in excess of 
     the levels set in subsection 251(b)(2)(E) shall be counted in 
     determining whether a breach has occurred in the security 
     category and the nonsecurity category on a proportional basis 
     to the total spending for overseas contingency operations in 
     the security category and the nonsecurity category.''.
       (c) Conforming Amendment.--Section 251(b)(2)(A) of such Act 
     (2 U.S.C. 901(b)(2)(A)) is amended to read as follows:
       ``(A) Emergency appropriations.--If, for any fiscal year, 
     appropriations for discretionary accounts are enacted that 
     the Congress designates as emergency requirements in statute 
     on an account by account basis and the President subsequently 
     so designates, the adjustment shall be the total of such 
     appropriations in discretionary accounts designated as 
     emergency requirements.''.

     DIVISION B--WIRELESS INNOVATION AND PUBLIC SAFETY ACT OF 2011

     SEC. 1001. SHORT TITLE.

       This division may be cited as the ``Wireless Innovation and 
     Public Safety Act of 2011''.

     SEC. 1002. DEFINITIONS.

       In this division:
       (1) 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.
       (2) 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.
       (3) Assistant secretary.--The term ``Assistant Secretary'' 
     means the Assistant Secretary of Commerce for Communications 
     and Information.
       (4) 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, which may include mobile broadband 
     Internet access service and Internet Protocol-based 
     applications;
       (B) provided for profit; and
       (C) available to the public or to such classes of eligible 
     users as to be effectively available to the public.
       (5) Commercial mobile service.--The term ``commercial 
     mobile service'' has the meaning given such term in section 
     332(d)(1) of the Communications Act of 1934 (47 U.S.C. 
     332(d)(1)).
       (6) 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), and the 
     Internet Engineering Task Force (IETF).
       (7) Commission.--The term ``Commission'' means the Federal 
     Communications Commission.
       (8) Core network.--The term ``core network'' means the core 
     network described in section 1202(b)(1).
       (9) Federal entity.--The term ``Federal entity'' has the 
     meaning given such term in section 113(i) of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(i)).
       (10) Governor.--The term ``Governor'' means the Governor or 
     other chief executive officer of a State.
       (11) Guard band spectrum.--The term ``guard band spectrum'' 
     means the portion of the electromagnetic spectrum between the 
     frequencies from 768 megahertz to 769 megahertz and between 
     the frequencies from 798 megahertz to 799 megahertz.
       (12) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given such term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (13) 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.
       (14) NIST.--The term ``NIST'' means the National Institute 
     of Standards and Technology.
       (15) NTIA.--The term ``NTIA'' means the National 
     Telecommunications and Information Administration.
       (16) Program management office.--The term ``Program 
     Management Office'' means the office established under 
     section 1203(a).

[[Page H8887]]

       (17) 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).
       (18) Public safety broadband network.--The term ``public 
     safety broadband network'' means the network described in 
     section 1202.
       (19) Public safety broadband corporation.--The term 
     ``Public Safety Broadband Corporation'' or ``Corporation'' 
     means the corporation established under section 1201(a)(1).
       (20) Public safety broadband spectrum.--The term ``public 
     safety broadband spectrum'' means--
       (A) the portion of the electromagnetic spectrum between the 
     frequencies from 763 megahertz to 768 megahertz and between 
     the frequencies from 793 megahertz to 798 megahertz; and
       (B) the 700 MHz D block spectrum.
       (21) Public safety communications research program.--The 
     term ``Public Safety Communications Research Program'' means 
     the program that is housed within the Department of Commerce 
     Labs in Boulder, Colorado, and that is a joint effort between 
     the Office of Law Enforcement Standards of NIST and the 
     Institute for Telecommunication Sciences of the NTIA.
       (22) Public safety entity.--The term ``public safety 
     entity'' means an entity that provides public safety 
     services.
       (23) Public safety services.--The term ``public safety 
     services'' has the meaning given such term in section 
     337(f)(1) of the Communications Act of 1934 (47 U.S.C. 
     337(f)(1)).
       (24) Radio access network.--The term ``radio access 
     network'' means the radio access network described in section 
     1202(b)(2).
       (25) State.--The term ``State'' means any of the 50 States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     the United States Virgin Islands, Guam, American Samoa, and 
     the Commonwealth of the Northern Mariana Islands.
       (26) State public safety broadband office.--The term 
     ``State Public Safety Broadband Office'' means an office 
     established under section 1212(d).
       (27) Tribal.--The term ``tribal'' means, when used with 
     respect to any entity, that such entity is a tribal 
     organization (as defined in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b)).

     SEC. 1003. RULE OF CONSTRUCTION.

       Each range of frequencies described in this division shall 
     be construed to be inclusive of the upper and lower 
     frequencies in the range.

     SEC. 1004. ENFORCEMENT.

       (a) In General.--The Commission shall implement and enforce 
     this division as if this division is a part of the 
     Communications Act of 1934 (47 U.S.C. 151 et seq.). A 
     violation of this division, or a regulation promulgated under 
     this division, shall be considered to be a violation of the 
     Communications Act of 1934, or a regulation promulgated under 
     such Act, respectively.
       (b) Exception.--Subsection (a) does not apply in the case 
     of a provision of this division 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.

 TITLE I--ALLOCATION AND ASSIGNMENT OF PUBLIC SAFETY BROADBAND SPECTRUM

     SEC. 1101. REALLOCATION OF 700 MHZ D BLOCK SPECTRUM FOR 
                   PUBLIC SAFETY USE.

       (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 division.
       (b) Quantity of Spectrum Allocated for Public Safety Use.--
     Section 337(a) of the Communications Act of 1934 (47 U.S.C. 
     337(a)) is amended--
       (1) by striking ``Not later than January 1, 1998, the'' and 
     inserting ``The'';
       (2) in paragraph (1), by striking ``24'' and inserting 
     ``34''; and
       (3) in paragraph (2), by striking ``36'' and inserting 
     ``26''.

     SEC. 1102. ASSIGNMENT OF LICENSE TO CORPORATION.

       (a) In General.--Not later than the date that is 30 days 
     after the date of the incorporation of the Public Safety 
     Broadband Corporation under section 1201(a), the Commission 
     shall revoke the license for the public safety broadband 
     spectrum and the guard band spectrum and assign a new, single 
     license for the public safety broadband spectrum and the 
     guard band spectrum to the Corporation for the purpose of 
     ensuring the construction, management, maintenance, and 
     operation of the public safety broadband network.
       (b) Term.--
       (1) Initial license.--The initial license assigned under 
     subsection (a) shall be for a term of 10 years.
       (2) Renewal of license.--Prior to the expiration of the 
     term of the initial license assigned under subsection (a) or 
     the expiration of any renewal of such license, the 
     Corporation shall submit to the Commission an application for 
     the renewal of such license in accordance with the 
     Communications Act of 1934 (47 U.S.C. 151 et seq.) and any 
     applicable Commission regulations. Such renewal application 
     shall demonstrate that, during the term of the license that 
     the Corporation is seeking to renew, the Corporation has 
     fulfilled its duties and obligations under this division and 
     the Communications Act of 1934 and has complied with all 
     applicable Commission regulations. A renewal of the initial 
     license granted under subsection (a) or any renewal of such 
     license shall be for a term not to exceed 10 years.
       (c) Definition of Public Safety Services.--Section 
     337(f)(1) of the Communications Act of 1934 (47 U.S.C. 
     337(f)(1)) is amended--
       (1) in subparagraph (A), by striking ``to protect the 
     safety of life, health, or property'' and inserting ``to 
     provide law enforcement, fire and rescue response, or 
     emergency medical assistance (including such assistance 
     provided by ambulance services, hospitals, and urgent care 
     facilities)''; and
       (2) in subparagraph (B)--
       (A) in clause (i), by inserting ``or tribal organizations 
     (as defined in section 4 of the Indian Self-Determination and 
     Education Assistance Act (25 U.S.C. 450b))'' before the 
     semicolon; and
       (B) in clause (ii), by inserting ``or a tribal 
     organization'' after ``a governmental entity''.

     SEC. 1103. ENSURING EFFICIENT AND FLEXIBLE USE OF 700 MHZ 
                   PUBLIC SAFETY NARROWBAND SPECTRUM.

       (a) License Requirements.--The Commission may not renew a 
     license to use the narrowband spectrum after the date of the 
     enactment of this Act, or grant an application for an initial 
     license to use such spectrum after the date that is 3 years 
     after such date of enactment, unless the licensee or 
     applicant demonstrates that failure of the Commission to 
     renew such license or grant such application will--
       (1) cause considerable economic hardship; or
       (2) adversely impact the ability of the licensee or 
     applicant to provide public safety services.
       (b) Inventory.--Not later than 6 months after the date of 
     the enactment of this Act, the Commission shall complete and 
     submit to the appropriate committees of Congress a State-by-
     State inventory of the use of the narrowband spectrum, 
     current as of such date of enactment, including the numbers 
     of base stations that are deployed and in day-to-day 
     operation, the approximate number of users, the extent of 
     interoperability among the deployed stations, and the 
     approximate per-unit costs of mobile equipment.
       (c) Flexible Use.--In order to promote efficient spectrum 
     use, the Commission may allow the narrowband spectrum and the 
     guard band spectrum to be used in a flexible manner, 
     including for public safety broadband communications, subject 
     to such technical and interference protection measures as the 
     Commission may require.

     SEC. 1104. SHARING OF PUBLIC SAFETY BROADBAND SPECTRUM AND 
                   NETWORK.

       (a) Emergency Access by Non-Public Safety Entities.--
       (1) In general.--Notwithstanding any limitation in section 
     337 of the Communications Act of 1934 (47 U.S.C. 337), upon 
     the request of a State Public Safety Broadband Office, the 
     Corporation may enter into agreements with entities in such 
     State that are not public safety entities to permit such 
     entities to obtain access on a secondary, preemptible basis 
     to the public safety broadband spectrum in order to 
     facilitate interoperability between such entities and public 
     safety entities in protecting the safety of life, health, and 
     property during emergencies and during preparation for and 
     recovery from emergencies, including during emergency drills, 
     exercises, and tests.
       (2) Preemption.--The Corporation shall ensure that, under 
     any agreements entered into under paragraph (1), public 
     safety entities may preempt use of the public safety 
     broadband spectrum by the entities with which the Corporation 
     has entered into such agreements.
       (b) Public-Private Partnerships.--Notwithstanding any 
     limitation in section 337 of the Communications Act of 1934 
     (47 U.S.C. 337), the Corporation may permit a private entity 
     with which the Corporation contracts on behalf of public 
     safety entities to construct, manage, maintain, or operate 
     the core network or the radio access network, upon the 
     request of such private entity, to--
       (1) obtain access to the public safety broadband spectrum 
     for services that are not public safety services; or
       (2) share equipment or infrastructure of the public safety 
     broadband network, including antennas and towers.
       (c) Approval by Commission.--The Corporation may not enter 
     into an agreement under subsection (a) or (b)(1) without the 
     approval of the Commission.
       (d) Reinvestment.--The Corporation shall use any funds the 
     Corporation receives under the agreements entered into under 
     subsections (a) and (b) to cover the administrative expenses 
     of the Corporation for the fiscal year in which such funds 
     are received and shall use any excess for the construction, 
     management, maintenance, and operation of the public safety 
     broadband network.
       (e) Access by Federal Departments and Agencies.--
     Notwithstanding any limitation in section 337 of the 
     Communications Act of 1934 (47 U.S.C. 337), the Corporation 
     shall enter into such written agreements as are necessary to 
     permit Federal departments and agencies to have shared access 
     to the public safety broadband spectrum on an equivalent 
     basis in order to protect the safety of life, health, and 
     property.
       (f) Prohibition on Offering Commercial Services.--The 
     Corporation may not offer, provide, or market commercial 
     telecommunications services or information services directly 
     to the public.

[[Page H8888]]

     SEC. 1105. COMMISSION RULES.

       (a) In General.--In order to carry out the provisions of 
     this division, the Commission shall--
       (1) adopt technical rules necessary to sufficiently manage 
     spectrum use in bands adjacent to the public safety broadband 
     spectrum;
       (2) adopt rules requiring commercial mobile service 
     providers and commercial mobile data service providers to 
     offer roaming and priority access services to public safety 
     entities at commercially reasonable terms and conditions if--
       (A) the equipment of the public safety entity is 
     technically compatible with the network of the commercial 
     provider;
       (B) the commercial provider is reasonably compensated; and
       (C) such access does not unreasonably preempt or otherwise 
     terminate or degrade existing voice conversations or data 
     sessions;
       (3) adopt technical rules governing the operation of the 
     public safety broadband network in areas near the 
     international borders of the United States;
       (4) adopt rules ensuring the commercial availability of 
     devices capable of operating in the public safety broadband 
     spectrum, known as Band Class 14, at costs comparable to 
     those of similar devices that are designed to operate in 
     spectrum allocated for commercial use; and
       (5) consider the adoption of such other rules as the 
     Commission determines are necessary.
       (b) Deadline.--The Commission shall adopt the rules 
     required by paragraphs (1) through (4) of subsection (a) not 
     later than 180 days after the date of the enactment of this 
     Act.
       (c) Consultation.--In adopting rules under subsection (a) 
     (or considering the adoption of rules under paragraph (5) of 
     such subsection), the Commission shall consult with the 
     Director of the Office of Emergency Communications in the 
     Department of Homeland Security, the Assistant Secretary, the 
     Director of NIST, and the Public Safety Communications 
     Research Program.

     SEC. 1106. FCC REPORT ON EFFICIENT USE OF PUBLIC SAFETY 
                   SPECTRUM.

       (a) In General.--Not later than 180 days after the date of 
     the enactment of this Act and every 2 years thereafter, the 
     Commission shall, in consultation with the Assistant 
     Secretary and the Director of NIST, conduct a study and 
     submit to the appropriate committees of Congress a report on 
     the spectrum allocated for public safety use.
       (b) Contents.--The report required by subsection (a) shall 
     include--
       (1) an examination of how such spectrum is being used;
       (2) recommendations on how such spectrum may be used more 
     efficiently;
       (3) an assessment of the feasibility of public safety 
     entities relocating from other bands to the public safety 
     broadband spectrum; and
       (4) an assessment of whether any spectrum made available by 
     the relocation described in paragraph (3) could be returned 
     to the Commission for reassignment through auction, including 
     through use of incentive auction authority under subparagraph 
     (G) of section 309(j)(8) of the Communications Act of 1934, 
     as added by section 1302(a).

            TITLE II--ADVANCED PUBLIC SAFETY COMMUNICATIONS

              Subtitle A--Public Safety Broadband Network

     SEC. 1201. ESTABLISHMENT AND OPERATION OF PUBLIC SAFETY 
                   BROADBAND CORPORATION.

       (a) Establishment.--
       (1) In general.--There is authorized to be established a 
     private, nonprofit corporation to be known as the Public 
     Safety Broadband Corporation, which will not be an agency or 
     establishment of the United States Government or the District 
     of Columbia government.
       (2) Governing law.--The Corporation shall be subject to the 
     provisions of this division and, to the extent consistent 
     with this division, the District of Columbia Nonprofit 
     Corporation Act (sec. 29-301.01 et seq., D.C. Official Code). 
     The Corporation shall have the usual powers conferred upon a 
     nonprofit corporation by the District of Columbia Nonprofit 
     Corporation Act.
       (3) Incorporation.--The members of the initial Board of 
     Directors of the Corporation shall serve as the incorporators 
     of the Corporation and shall take the necessary steps to 
     establish the Corporation under the District of Columbia 
     Nonprofit Corporation Act. The Corporation shall notify the 
     Commission of the date of its incorporation as soon as 
     possible after such incorporation.
       (4) Initial bylaws.--The members of the initial Board of 
     Directors of the Corporation shall establish the initial 
     bylaws of the Corporation.
       (5) Residence.--The Corporation shall have its place of 
     business in the District of Columbia and shall be considered, 
     for purposes of venue in civil actions, to be a resident of 
     the District of Columbia.
       (b) Board of Directors.--
       (1) Membership and appointment.--The management of the 
     Corporation shall be vested in a Board of Directors, which 
     shall consist of 15 members, as follows:
       (A) Federal members.--Four Federal members, or their 
     designees, as follows:
       (i) The Secretary of Commerce.
       (ii) The Secretary of Homeland Security.
       (iii) The Director of the Office of Management and Budget.
       (iv) The Attorney General of the United States.
       (B) Non-federal public-sector members.--Seven non-Federal 
     public-sector members, representing both urban and rural 
     interests, appointed by the Secretary of Commerce, as 
     follows:
       (i) State governors.--Two members, each of whom is the 
     Governor of a State, or their designees.
       (ii) Local and tribal government members.--Two members, 
     each of whom is the chief executive officer of a political 
     subdivision of a State or an Indian tribe, or their 
     designees.
       (iii) Public safety entity employees.--Three members, each 
     of whom is employed by a public safety entity and possesses 
     one or more of the following qualifications:

       (I) Experience with emergency preparedness and response.
       (II) Technical expertise with public safety radio 
     communications.
       (III) Operational experience with 9-1-1 emergency services.
       (IV) Training in hospital or urgent medical care.

       (C) Private-sector members.--Four private-sector members, 
     appointed by the Secretary of Commerce, each of whom has 
     extensive experience implementing commercial standards in the 
     design, development, and operation of commercial mobile data 
     service networks.
       (2) Independence of non-federal public-sector and private-
     sector members.--
       (A) In general.--Each non-Federal public-sector member and 
     each private-sector member of the Board of Directors 
     appointed under paragraph (1) shall be independent and 
     neutral.
       (B) Independence determination.--In order to be considered 
     independent for purposes of this paragraph, a member of the 
     Board--
       (i) may not, other than in the capacity of such member as a 
     member of the Board or a committee thereof, accept any 
     consulting, advisory, or other compensatory fee from the 
     Corporation; and
       (ii) shall be disqualified from any deliberation involving 
     any transaction of the Corporation in which such member has a 
     financial interest in the outcome.
       (3) Federal employment status.--The non-Federal public-
     sector members and the private-sector members of the Board of 
     Directors shall not, by reason of membership on the Board, be 
     considered to be officers or employees of the United States 
     Government or the District of Columbia government.
       (4) Citizenship.--Each non-Federal public-sector member and 
     each private-sector member of the Board of Directors shall be 
     a citizen of the United States.
       (5) Terms of appointment.--
       (A) Initial appointment deadline.--The initial non-Federal 
     public-sector members and the initial private-sector members 
     of the Board of Directors shall be appointed not later than 
     180 days after the date of the enactment of this Act.
       (B) Terms.--
       (i) Length.--

       (I) Federal members.--Each Federal member of the Board of 
     Directors shall serve as a member of the Board for the life 
     of the Corporation.
       (II) Non-federal public-sector and private-sector 
     members.--The term of office of each non-Federal public-
     sector member and each private-sector member of the Board of 
     Directors shall be 3 years. Such a member may not serve more 
     than 2 full terms consecutively.

       (ii) Expiration of term.--Any non-Federal public-sector 
     member or private-sector member of the Board of Directors 
     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.
       (iii) Appointment to fill vacancy.--A non-Federal public-
     sector member or private-sector member of the Board of 
     Directors 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.
       (iv) Staggered terms.--With respect to the initial non-
     Federal public-sector members and the initial private-sector 
     members of the Board of Directors--

       (I) four members shall serve for a term of 3 years;
       (II) four members shall serve for a term of 2 years; and
       (III) three members shall serve for a term of 1 year.

       (C) Effect of vacancies.--A vacancy in the membership of 
     the Board of Directors shall not affect the Board's powers 
     and shall be filled in the same manner as the original member 
     was appointed.
       (6) Chair.--
       (A) Selection.--The Chair of the Board of Directors shall 
     be selected by the Secretary of Commerce from among the non-
     Federal public-sector members and the private-sector members 
     of the Board.
       (B) Term.--The term of office of the Chair of the Board of 
     Directors shall be 2 years, and an individual may not serve 
     more than 2 consecutive terms.
       (7) Removal.--
       (A) By secretary of commerce.--The Secretary of Commerce 
     may remove, for good cause--
       (i) the Chair of the Board of Directors; or
       (ii) any non-Federal public-sector member or private-sector 
     member of the Board of Directors.

[[Page H8889]]

       (B) By board.--The members of the Board of Directors may, 
     by majority vote--
       (i) remove any non-Federal public-sector member or private-
     sector member of the Board for conduct determined by the 
     Board to be detrimental to the Board or to the Corporation; 
     or
       (ii) request that the Secretary of Commerce exercise his or 
     her authority to remove the Chair of the Board for conduct 
     determined to be detrimental to the Board or to the 
     Corporation.
       (8) Meetings.--
       (A) Frequency.--The Board of Directors shall meet in 
     accordance with the bylaws of the Corporation--
       (i) at the call of the Chair of the Board; and
       (ii) not less frequently than once each quarter.
       (B) Transparency.--Meetings of the Board of Directors, and 
     meetings of any committees 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 Corporation, 
     including pending or potential litigation.
       (9) Quorum.--Eight members of the Board of Directors, 
     including not fewer than 6 non-Federal public-sector members 
     or private-sector members, shall constitute a quorum.
       (10) Attendance.--Members of the Board of Directors may 
     attend meetings of the Corporation and vote in person, via 
     telephone conference, or via video conference.
       (11) Bylaws.--A majority of the members of the Board of 
     Directors may amend the bylaws of the Corporation.
       (12) Prohibition against compensation.--A member of the 
     Board of Directors shall serve without pay, and shall not 
     otherwise benefit, directly or indirectly, as a result of the 
     member's service to the Corporation, 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 Corporation.
       (c) Chief Executive Officer and Employees.--
       (1) In general.--The Corporation shall have 1 officer, a 
     Chief Executive Officer, and such employees as may be 
     necessary to carry out the duties and responsibilities of the 
     Corporation under this title and title I, for such terms, and 
     at such rates of compensation in accordance with paragraph 
     (5), as the Board of Directors of the Corporation considers 
     appropriate. The Chief Executive Officer and the employees 
     shall serve at the pleasure of the Board of Directors.
       (2) Qualifications of ceo.--The Chief Executive Officer 
     shall have extensive experience in the deployment, 
     management, or design of commercial mobile data service 
     networks.
       (3) Citizenship.--The Chief Executive Officer and the 
     employees of the Corporation shall be citizens of the United 
     States.
       (4) Nonpolitical nature of appointment.--No political test 
     or qualification may be used in selecting, appointing, 
     promoting, or taking other personnel actions with respect to 
     the Chief Executive Officer or the agents or employees of the 
     Corporation.
       (5) Compensation.--
       (A) In general.--The Board of Directors may fix the 
     compensation of the Chief Executive Officer and the employees 
     hired under this subsection, as necessary to carry out the 
     duties and responsibilities of the Corporation under this 
     title and title I, except that--
       (i) the rate of compensation for the Chief Executive 
     Officer or any employee may not exceed the maximum rate of 
     basic pay established under section 5382 of title 5, United 
     States Code, for a member of the Senior Executive Service; 
     and
       (ii) notwithstanding any other provision of law except 
     clause (i), or any bylaw of the Corporation, all rates of 
     compensation, including benefit plans and salary ranges, for 
     the Chief Executive Officer and the employees shall be 
     jointly approved by a majority of the Federal members of the 
     Board.
       (B) Limitation on other compensation.--Neither the Chief 
     Executive Officer nor any employee of the Corporation may 
     receive any salary or other compensation (except for 
     compensation for service on boards of directors of other 
     organizations that do not receive funds from the Corporation, 
     on committees of such boards, and in similar activities for 
     such organizations) from any sources other than the 
     Corporation for services rendered during the period of the 
     employment of the Chief Executive Officer or employee, 
     respectively, by the Corporation.
       (C) Service on other boards.--Service by the Chief 
     Executive Officer or any employee of the Corporation on a 
     board of directors of another organization, on a committee of 
     such a board, or in a similar activity for such an 
     organization shall be subject to annual advance approval by 
     the Board of Directors.
       (D) Federal employment status.--Neither the Chief Executive 
     Officer nor any employee of the Corporation shall be 
     considered to be an officer or employee of the United States 
     Government or the District of Columbia government.
       (d) Selection of Agents, Consultants, and Experts.--
       (1) In general.--The Board shall select parties to serve as 
     its agents, consultants, and experts in a fair, transparent, 
     and objective manner.
       (2) Final and binding.--If the selection of an agent, 
     consultant, or expert satisfies the requirements of paragraph 
     (1), the selection of such agent, consultant, or expert shall 
     be final and binding.
       (e) Nonprofit and Nonpolitical Nature of Corporation.--
       (1) Stock.--The Corporation shall have no power to issue 
     any shares of stock, or to declare or pay any dividends.
       (2) Profit.--No part of the income or assets of the 
     Corporation shall inure to the benefit of any director, 
     officer, employee, or any other individual associated with 
     the Corporation, except as salary or reasonable compensation 
     for services.
       (3) Politics.--The Corporation may not contribute to or 
     otherwise support any political party or candidate for 
     elective public office.
       (4) Prohibition on lobbying activities.--The Corporation 
     may not engage in lobbying activities (as defined in section 
     3(7) of the Lobbying Disclosure Act of 1995 (2 U.S.C. 
     1602(7))).
       (f) General Powers.--In addition to the powers granted to 
     the Corporation by any other provision of law, the 
     Corporation shall have the authority to do the following:
       (1) To adopt and use a corporate seal.
       (2) To have succession until dissolved by an Act of 
     Congress.
       (3) To prescribe, through the actions of the Board of 
     Directors, bylaws not inconsistent with Federal law and the 
     laws of the District of Columbia, regulating the manner in 
     which the Corporation's general business may be conducted and 
     the manner in which the privileges granted to the Corporation 
     by law may be exercised.
       (4) To exercise, through the actions of the Board of 
     Directors, all powers specifically granted to the Corporation 
     by the provisions of this title and title I, and such 
     incidental powers as shall be necessary.
       (5) To hold such hearings, sit and act at such times and 
     places, take such testimony, and receive such evidence as the 
     Corporation considers necessary to carry out its 
     responsibilities and duties.
       (6) To obtain grants and funds from and make contracts with 
     individuals, private companies, organizations, institutions, 
     and Federal, State, regional, and local agencies.
       (7) 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 
     Corporation.
       (8) To spend amounts obtained under paragraph (6) in a 
     manner authorized by the Board, but only for purposes that 
     will advance or enhance public safety communications 
     consistent with this division.
       (9) To establish reserve accounts with funds that the 
     Corporation may receive from time to time that exceed the 
     amounts required by the Corporation to timely pay its debt 
     service and other obligations.
       (10) To expend the funds placed in any reserve accounts 
     established under paragraph (9) (including interest earned on 
     any such amounts) in a manner authorized by the Board, but 
     only for purposes that--
       (A) will advance or enhance public safety communications 
     consistent with this division; or
       (B) are otherwise approved by an Act of Congress.
       (11) To take such other actions as the Corporation, through 
     the Board of Directors, may from time to time determine 
     necessary, appropriate, or advisable to accomplish the 
     purposes of this title and title I.
       (g) Principal Powers.--In addition to the powers granted to 
     the Corporation by any other provision of law, the 
     Corporation shall have the power--
       (1) to hold the single license for the public safety 
     broadband spectrum and the guard band spectrum assigned by 
     the Commission under section 1102(a);
       (2) to take all actions necessary to ensure the 
     construction, management, maintenance, and operation of the 
     public safety broadband network, in consultation with Federal 
     users of the network, public safety entities, the Commission, 
     and the Technical and Operations Advisory Body established 
     under subsection (h), including by--
       (A) ensuring the use of commercial standards;
       (B) issuing open, transparent, and competitive requests for 
     proposals to private-sector entities for the purpose of 
     constructing, managing, maintaining, and operating the public 
     safety broadband network;
       (C) entering into and overseeing the performance of 
     contracts or agreements with private-sector entities to 
     construct, manage, maintain, and operate the public safety 
     broadband network;
       (D) leveraging, to the maximum extent possible, existing 
     commercial, private, and public infrastructure to reduce 
     costs, supplement network capacity, and speed deployment of 
     the network;
       (E) entering into roaming and priority access agreements 
     with providers of commercial mobile service and commercial 
     mobile data service to allow users of the public safety 
     broadband network to obtain such services across the networks 
     of such providers;
       (F) entering into sharing agreements under section 1104; 
     and
       (G) exercising discretion in using and disbursing the funds 
     received under section 1401(b)(4); and

[[Page H8890]]

       (3) to establish the Program Management Office and delegate 
     functions to such Office, in accordance with section 1203.
       (h) Technical and Operations Advisory Body.--
       (1) Establishment.--In addition to such other standing or 
     ad hoc committees, panels, or councils as the Board of 
     Directors considers necessary, the Corporation shall 
     establish a Technical and Operations Advisory Body, which 
     shall provide advice to the Corporation with respect to 
     operational and technical matters related to public safety 
     communications and commercial mobile data service.
       (2) Membership.--The Technical and Operations Advisory Body 
     shall be composed of such representatives as the Board of 
     Directors considers appropriate, including representatives of 
     the following:
       (A) Public safety entities.
       (B) State, local, and tribal entities that use the public 
     safety broadband network.
       (C) Public safety answering points.
       (D) One or more of the 10 regional organizational units of 
     the Federal Emergency Management Agency.
       (E) The Bureau of Indian Affairs.
       (F) The Office of Science and Technology Policy.
       (G) The Public Safety Communications Research Program.
       (H) Providers of commercial mobile data service and vendors 
     of equipment, devices, and software used to provide and 
     access such service.
       (i) Audits and Reports by GAO.--
       (1) Audits.--
       (A) In general.--The financial transactions of the 
     Corporation for any fiscal year during which Federal funds 
     are available to finance any portion of its operations shall 
     be audited annually by the Comptroller General of the United 
     States in accordance with the principles and procedures 
     applicable to commercial corporate transactions and under 
     such rules and regulations as may be prescribed by the 
     Comptroller General.
       (B) Location.--Any audit conducted under subparagraph (A) 
     shall be conducted at the place or places where accounts of 
     the Corporation are normally kept.
       (C) Access to corporation books and documents.--
       (i) In general.--For purposes of an audit conducted under 
     subparagraph (A), the representatives of the Comptroller 
     General 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 Corporation that pertain to the financial 
     transactions of the Corporation 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.

       (ii) Requirement.--All books, accounts, records, reports, 
     files, papers, and property of the Corporation shall remain 
     in the possession and custody of the Corporation.
       (2) Reports.--
       (A) In general.--The Comptroller General of the United 
     States shall submit a report of each audit conducted under 
     paragraph (1)(A) to--
       (i) the appropriate committees of Congress;
       (ii) the President; and
       (iii) the Corporation.
       (B) Contents.--Each report submitted under subparagraph (A) 
     shall contain--
       (i) such comments and information as the Comptroller 
     General determines necessary to inform Congress of the 
     financial operations and condition of the Corporation;
       (ii) any recommendations of the Comptroller General 
     relating to the financial operations and condition of the 
     Corporation; and
       (iii) a description of any program, expenditure, or other 
     financial transaction or undertaking of the Corporation that 
     was observed during the course of the audit, which, in the 
     opinion of the Comptroller General, has been carried on or 
     made without the authority of law.
       (j) Annual Report to Congress.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, and each year thereafter, the 
     Corporation shall submit an annual report covering the 
     preceding fiscal year to the appropriate committees of 
     Congress.
       (2) Required content.--The report required under paragraph 
     (1) shall include--
       (A) a comprehensive and detailed report of the operations, 
     activities, financial condition, and accomplishments of the 
     Corporation under this section;
       (B) an analysis of the continued need for the Program 
     Management Office and opportunities for reductions in 
     staffing levels or scope of work in light of progress made in 
     network deployment, including the requests for proposals 
     process; and
       (C) such recommendations or proposals for legislative or 
     administrative action as the Corporation considers 
     appropriate.
       (3) Availability to testify.--The directors, employees, and 
     agents and the Chief Executive Officer of the Corporation 
     shall be available to testify before the appropriate 
     committees of the Congress with respect to--
       (A) the report required under paragraph (1);
       (B) the report of any audit made by the Comptroller General 
     under subsection (i); or
       (C) any other matter which such committees may consider 
     appropriate.
       (k) Prohibition Against Negotiation With Foreign 
     Governments.--The Corporation may not negotiate or enter into 
     any agreements with a foreign government on behalf of the 
     United States.
       (l) Use of Mails.--The Corporation may use the United 
     States mails in the same manner and under the same conditions 
     as the departments and agencies of the United States.

     SEC. 1202. PUBLIC SAFETY BROADBAND NETWORK.

       (a) Establishment.--The Corporation shall ensure the 
     establishment of a nationwide, interoperable public safety 
     broadband network.
       (b) Network Components.--The public safety broadband 
     network shall be based on a single, national network 
     architecture that evolves with technological advancements and 
     initially consists of the following:
       (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.
       (2) A radio access network that--
       (A) is deployed on a State-by-State or multi-State basis;
       (B) 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
       (C) 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 1212.
       (c) Deployment Standards.--The Corporation shall, through 
     the administration of the requests-for-proposals process and 
     oversight of contracts delegated to the Program Management 
     Office--
       (1) ensure that the core network and the radio access 
     network are deployed as networks are typically deployed by 
     commercial mobile data service providers;
       (2) promote competition in the public safety equipment 
     market by requiring that equipment for use on the public 
     safety broadband network be--
       (A) built to open, nonproprietary, commercial standards;
       (B) capable of being used by any public safety entity and 
     accessed by devices manufactured by multiple vendors; and
       (C) backward-compatible with prior generations of 
     commercial mobile service and commercial mobile data service 
     networks to the extent typically deployed by providers of 
     commercial mobile service and commercial mobile data service; 
     and
       (3) ensure that the public safety broadband network is 
     integrated with public safety answering points, or the 
     equivalent of public safety answering points, and with 
     networks for the provision of Next Generation 9-1-1 services 
     (as defined in section 1231).
       (d) Procurement.--In all procurement related to the core 
     network and the radio access network, the Corporation shall 
     use an open, competitive bidding process that--
       (1) details the required framework and architecture of such 
     networks, the general specifications of the work requested, 
     and the service-delivery responsibilities of successful 
     bidders;
       (2) provides for the award of subcontracts; and
       (3) prohibits, except in the case of minor upgrades--
       (A) sole-source contracts; and
       (B) requirements for design proprietary to any individual 
     vendor.
       (e) Network Infrastructure and Device Criteria.--The 
     Director of NIST, in consultation with the Corporation and 
     the Commission, shall develop and periodically update a list 
     of approved devices and components meeting appropriate 
     protocols and standards. A device or component may not be 
     used on the public safety broadband network unless it appears 
     on such list.

     SEC. 1203. PROGRAM MANAGEMENT OFFICE.

       (a) Establishment.--The Corporation shall establish and 
     staff a Program Management Office within the Corporation, or 
     award a network management services contract to a private 
     entity to establish and staff such an office. Any such 
     contract shall be awarded through an open, competitive 
     bidding process and shall be subject to approval by the 
     Secretary of Commerce.
       (b) Accountability.--The actions of the Program Management 
     Office shall be subject to review by the Corporation.
       (c) Independence.--For the duration of any contract between 
     the Program Management Office and the Corporation, the 
     Program Management Office may not have a material financial 
     interest in the outcome of any request for proposals of the 
     Corporation or a material financial interest in any contract 
     or agreement entered into by the Corporation.
       (d) Duties.--Subject to the determination of the 
     Corporation of the continuing need and appropriate scale of 
     the Program Management Office, the Program Management Office 
     shall--
       (1) be responsible for carrying out the day-to-day 
     activities of the Corporation, including ensuring uniformity 
     of deployments of and upgrades to the public safety broadband 
     network to preserve nationwide interoperability and economies 
     of scale in network equipment and device costs;

[[Page H8891]]

       (2) develop and recommend for adoption by the Corporation a 
     nationwide plan for the deployment of the public safety 
     broadband network;
       (3) create a template for use by a State Public Safety 
     Broadband Office receiving a grant under section 1212(a) in 
     transmitting the plans developed under such section to the 
     Program Management Office;
       (4) create, for approval by the Corporation--
       (A) baseline criteria for a request for proposals for the 
     construction, management, maintenance, and operation of the 
     core network; and
       (B) baseline criteria for requests for proposals for the 
     construction, management, maintenance, and operation of the 
     radio access network;
       (5) in consultation with State Public Safety Broadband 
     Offices, evaluate responses to the requests for proposals 
     described in paragraph (4);
       (6) administer and oversee, and verify and validate the 
     performance of, contracts entered into by the Corporation 
     with entities the proposals of which the Corporation accepts;
       (7) in consultation with State Public Safety Broadband 
     Offices, the Office of Emergency Communications in the 
     Department of Homeland Security, and the Commission, 
     implement an awareness campaign in order to stimulate 
     nationwide adoption of the public safety broadband network by 
     public safety entities;
       (8) in consultation with State Public Safety Broadband 
     Offices, assess the progress of the construction and adoption 
     of the public safety broadband network and report to the 
     Corporation regarding such progress at such intervals as the 
     Corporation requests, but no less frequently than biannually; 
     and
       (9) in consultation with State Public Safety Broadband 
     Offices, develop a strategy for the Corporation on the 
     distribution of public funding provided under section 
     1401(b)(4) for the construction, management, maintenance, and 
     operation of the public safety broadband network.
       (e) Development and Evaluation of Requests for Proposals.--
     In developing requests for proposals with respect to the core 
     network and the radio access network, the Program Management 
     Office shall, on a State-by-State or multi-State basis, seek 
     proposals and recommend for acceptance by the Corporation 
     proposals that--
       (1) are based on commercial standards and are backward-
     compatible with existing commercial mobile service and 
     commercial mobile data service networks;
       (2) maximize use of existing infrastructure of commercial 
     entities and of Federal, State, and tribal entities, 
     including existing public safety infrastructure;
       (3) provide for the selection on a localized basis of 
     network options that remain consistent with the national 
     network architecture;
       (4) incorporate deployable network assets, vehicular 
     repeaters, and other equipment as a means to provide 
     additional coverage and capacity as may be required;
       (5) ensure a nationwide level of interoperability;
       (6) provide economies of scale in equipment and device 
     costs comparable to those in the commercial marketplace, 
     including the costs of devices capable of operating in Band 
     Class 14;
       (7) promote competition in the network equipment and device 
     markets;
       (8) ensure coverage of rural and underserved areas;
       (9) take into account the need for the relocation of any 
     incumbent public safety narrowband operations from the public 
     safety broadband spectrum;
       (10) enable technology upgrades at a pace comparable to 
     that occurring in the commercial mobile service and 
     commercial mobile data service marketplaces;
       (11) ensure the reliability, security, and resiliency of 
     the network, including through measures for--
       (A) protecting and monitoring the cybersecurity of the 
     network; and
       (B) managing supply chain risks to the network; and
       (12) incorporate results from the 700 MHz demonstration 
     network managed by the Public Safety Communications Research 
     Program.
       (f) Consultation With Technical and Operations Advisory 
     Body.--In carrying out its responsibilities, the Program 
     Management Office shall regularly meet and consult with the 
     Technical and Operations Advisory Body established under 
     section 1201(h).

     SEC. 1204. REPRESENTATION BEFORE STANDARDS SETTING ENTITIES.

       The Corporation, in consultation with the Director of NIST, 
     the Commission, and the Technical and Operations Advisory 
     Body established under section 1201(h), shall represent the 
     interests of Federal departments and agencies and public 
     safety entities using the public safety broadband network 
     before any appropriate standards development organizations 
     that address issues that in the judgment of the Corporation 
     are relevant and important to the public safety broadband 
     network.

     SEC. 1205. GAO REPORT ON SATELLITE BROADBAND.

       Not later than 2 years after the date of the enactment of 
     this Act, the Comptroller General of the United States shall 
     conduct a study and submit to the appropriate committees of 
     Congress a report on the current and future capabilities of 
     fixed and mobile satellite broadband for use by public safety 
     entities.

     SEC. 1206. ACCESS TO FEDERAL SUPPLY SCHEDULES.

       Section 502 of title 40, United States Code, is amended--
       (1) by redesignating subsection (f) as subsection (g); and
       (2) by inserting after subsection (e) the following new 
     subsection:
       ``(f) Use of Supply Schedules by Public Safety Broadband 
     Corporation for Certain Goods and Services.--
       ``(1) In general.--The Administrator may provide, to the 
     extent practicable, for the use by the Public Safety 
     Broadband Corporation of Federal supply schedules for the 
     following:
       ``(A) Roaming and priority access services offered by 
     providers of commercial mobile service and commercial mobile 
     data service.
       ``(B) Broadband network equipment, devices, and 
     applications that are suitable for use on the public safety 
     broadband network.
       ``(2) Definitions.--In this subsection--
       ``(A) the terms `commercial mobile data service' and 
     `public safety broadband network' have the meanings given 
     such terms in section 1002 of the Wireless Innovation and 
     Public Safety Act of 2011;
       ``(B) the term `commercial mobile service' has the meaning 
     given such term in section 332(d)(1) of the Communications 
     Act of 1934 (47 U.S.C. 332(d)(1)); and
       ``(C) the term `Public Safety Broadband Corporation' means 
     the corporation established under section 1201(a)(1) of the 
     Wireless Innovation and Public Safety Act of 2011.''.

     SEC. 1207. FEDERAL INFRASTRUCTURE SHARING.

       The Administrator of General Services shall establish rules 
     to allow the Corporation, on behalf of public safety 
     entities, to have access to such components of Federal 
     infrastructure as are appropriate for the construction and 
     maintenance of the public safety broadband network.

     SEC. 1208. INITIAL FUNDING FOR CORPORATION.

       (a) In General.--There is appropriated to the Assistant 
     Secretary $50,000,000 for use in accordance with subsection 
     (b), to remain available until the commencement of incentive 
     auctions to be carried out under subparagraph (G) of section 
     309(j)(8) of the Communications Act of 1934, as added by 
     section 1302(a), or the auction of spectrum pursuant to 
     subsection (a)(1) or (b)(1) of section 1301.
       (b) Use of Funds.--The Assistant Secretary shall use the 
     funds appropriated under subsection (a)--
       (1) for reasonable administrative expenses and other costs 
     associated with the establishment of the Corporation; and
       (2) subject to subsection (c), for transfer to the 
     Corporation of an amount the Assistant Secretary considers 
     necessary for the Corporation to carry out its duties and 
     responsibilities under this title and title I prior to the 
     1st fiscal year for which the Corporation projects that the 
     fees collected under section 1209 will be sufficient to cover 
     the total expenses of the Corporation for such fiscal year.
       (c) Conditions.--The Assistant Secretary may not transfer 
     any funds under subsection (b)(2) unless the Corporation 
     files with the Assistant Secretary--
       (1) an estimated budget for the period between the filing 
     and the beginning of the 1st fiscal year for which the 
     Corporation projects that the fees collected under section 
     1209 will be sufficient to cover the total expenses of the 
     Corporation for such fiscal year; and
       (2) a statement of the anticipated use of the funds 
     transferred.
       (d) Reinvestment of Excess Funds.--Beginning with the 1st 
     fiscal year in which the Corporation collects fees under 
     section 1209 in excess of the total expenses of the 
     Corporation in carrying out its duties and responsibilities 
     under this title and title I for such fiscal year, the 
     Corporation shall use any remaining amount of the funds 
     transferred under subsection (b)(2) only to ensure the 
     construction, management, maintenance, and operation of the 
     public safety broadband network.

     SEC. 1209. PERMANENT SELF-FUNDING OF CORPORATION AND DUTY TO 
                   COLLECT CERTAIN FEES.

       (a) In General.--The Corporation is authorized to assess 
     and collect the following fees:
       (1) Network user fees.--A user or subscription fee from 
     each public safety entity and Federal department or agency 
     that seeks access to or use of the public safety broadband 
     network.
       (2) Sharing arrangement fees.--A fee from each entity with 
     which the Corporation enters into a sharing arrangement under 
     section 1104.
       (b) Establishment of Fee Amounts.--The total amount of the 
     fees assessed for each fiscal year under this section shall 
     be sufficient, and to the extent practicable shall not exceed 
     the amount necessary, to cover the total expenses of the 
     Corporation in carrying out its duties and responsibilities 
     under this title and title I for such fiscal year.
       (c) Required Reinvestment of Excess Funds.--If, in a fiscal 
     year, the Corporation collects fees under this section in 
     excess of the total expenses of the Corporation in carrying 
     out its duties and responsibilities under this title and 
     title I for such fiscal year, the Corporation shall use the 
     excess only to ensure the construction, management, 
     maintenance, and operation of the public safety broadband 
     network.

[[Page H8892]]

    Subtitle B--State, Local, and Tribal Planning and Implementation

     SEC. 1211. STATE, LOCAL, AND TRIBAL PLANNING AND 
                   IMPLEMENTATION FUND.

       (a) Establishment.--There is established in the Treasury of 
     the United States a fund to be known as the State, Local, and 
     Tribal Planning and Implementation Fund.
       (b) Purpose.--The Assistant Secretary shall establish and 
     administer the grant program under section 1212 using the 
     funds deposited in the State, Local, and Tribal Planning and 
     Implementation Fund.
       (c) Crediting of Receipts.--There shall be deposited into 
     or credited to the State, Local, and Tribal Planning and 
     Implementation Fund--
       (1) any amounts specified in section 1401; and
       (2) any amounts borrowed by the Assistant Secretary under 
     subsection (d).
       (d) Borrowing Authority.--
       (1) In general.--The Assistant Secretary may borrow from 
     the general fund of the Treasury beginning on October 1, 
     2011, such sums as may be necessary, but not to exceed 
     $250,000,000, to implement section 1212.
       (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, Local, and Tribal Planning and Implementation 
     Fund.

     SEC. 1212. STATE, LOCAL, AND TRIBAL PLANNING AND 
                   IMPLEMENTATION GRANT PROGRAM.

       (a) Establishment of Grant Program.--The Assistant 
     Secretary, in consultation with the Corporation, shall take 
     such action as is necessary to establish a grant program to 
     make grants to each State Public Safety Broadband Office 
     established under subsection (d) to assist State, local, and 
     tribal public safety entities within such State in carrying 
     out the following activities:
       (1) Identifying and planning the most efficient and 
     effective use and integration by such entities of the 
     spectrum and the infrastructure, equipment, and other 
     architecture associated with the public safety broadband 
     network to satisfy the wireless communications and data 
     services needs of such entities.
       (2) Identifying opportunities for creating a consortium 
     with one or more other States to assist the Program 
     Management Office in developing a single request for 
     proposals to serve the common network requirements of the 
     States in the consortium.
       (3) Identifying the particular assets and specialized needs 
     of the public safety entities located within such State for 
     inclusion in requests for proposals with respect to the radio 
     access network. Such assets may include available towers and 
     infrastructure. Such needs may include the projected number 
     of users, preferred buildout timeframes, special coverage 
     needs, special hardening, reliability, security, and 
     resiliency needs, local user priority assignments, and 
     integration needs of public safety answering points and 
     emergency operations centers.
       (4) Transmitting the plans developed under this subsection 
     to the Program Management Office using the template developed 
     under section 1203(d)(3).
       (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 Corporation.
       (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 the incorporation of the Corporation under 
     section 1201(a), the Assistant Secretary, in consultation 
     with the Corporation, 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) State Public Safety Broadband Offices.--A State wishing 
     to receive a grant under this section shall establish a State 
     Public Safety Broadband Office to carry out the activities 
     described in subsection (a). The Assistant Secretary may not 
     accept a grant application unless such application certifies 
     that the State has established such an office.

     SEC. 1213. PUBLIC SAFETY WIRELESS FACILITIES DEPLOYMENT.

       (a) 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 that does not 
     substantially change the physical dimensions of such tower.
       (b) Eligible Facilities Request.--In this section, the term 
     ``eligible facilities request'' means a request that--
       (1) is for a modification of an existing wireless tower 
     that involves--
       (A) collocation of new transmission equipment;
       (B) removal of transmission equipment; or
       (C) replacement of transmission equipment; and
       (2) is made by an entity that enters into a contract with 
     the Corporation to construct, manage, maintain, or operate 
     the public safety broadband network for purposes of 
     performing work under such contract.

   Subtitle C--Public Safety Communications Research and Development

     SEC. 1221. NIST-DIRECTED PUBLIC SAFETY WIRELESS 
                   COMMUNICATIONS RESEARCH AND DEVELOPMENT.

       (a) In General.--From amounts made available from the 
     Public Safety Trust Fund established under section 1401, 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 subsection (a), 
     the Director of NIST, in consultation with the Corporation 
     and the Technical and Operations Advisory Body established 
     under section 1201(h), shall--
       (1) document public safety wireless communications 
     requirements;
       (2) accelerate the development of the capability for 
     communications between currently deployed public safety 
     narrowband systems and the 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 
     communications, including device-to-device talkaround 
     capability over broadband networks, public safety 
     prioritization, authentication capabilities, and standard 
     application programming interfaces, 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 public safety 
     broadband network;
       (6) ensure the development and testing of new, 
     interoperable, nonproprietary broadband technologies 
     (including applications, devices, and device components) that 
     are designed to open standards to meet the needs of public 
     safety entities;
       (7) seek to develop technologies, standards, processes, and 
     architectures that provide a significant improvement in 
     network security, resiliency, and trustworthiness; and
       (8) convene working groups of relevant government and 
     commercial parties in carrying out paragraphs (1) through 
     (7).

               Subtitle D--Next Generation 9-1-1 Services

     SEC. 1231. DEFINITIONS.

       In this subtitle:
       (1) 9-1-1 services, e9-1-1 services, next generation 9-1-1 
     services.--The terms ``9-1-1 services, E9-1-1 services, and 
     Next Generation 9-1-1 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 division.
       (2) Emergency call.--The term ``emergency call'' has the 
     meaning given such term in section 158 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 942), as amended by this 
     division.
       (3) 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.
       (4) 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 division.
       (5) 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).

     SEC. 1232. 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

[[Page H8893]]

       ``(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 5-year 
     duration of such program.
       ``(B) Submission to congress.--Not later than 90 days after 
     the date of enactment of the Wireless Innovation and Public 
     Safety Act of 2011, 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 80 percent. The non-Federal share of the cost 
     shall be provided from non-Federal sources unless waived by 
     the Assistant Secretary and the Administrator.
       ``(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 
     submission of the report required under section 1237 of the 
     Wireless Innovation and Public Safety Act of 2011, 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 re-
     designates 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 (1) 
     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) Authorization and Termination.--
       ``(1) Authorization.--
       ``(A) In general.--There are authorized to be appropriated 
     to the Secretary of Commerce, for the purposes of carrying 
     out grants under this section, $250,000,000 total for the 5-
     year period described in subparagraph (C).
       ``(B) Limitation.--Of the amounts made available to the 
     Secretary of Commerce under this paragraph in a fiscal year, 
     not more than 5 percent of such amounts may be obligated or 
     expended to cover the administrative costs of carrying out 
     this section.
       ``(C) Period.--The 5-year period under subparagraph (A) 
     begins on the first day of the fiscal year that begins 
     following the date of the submission of the report required 
     under section 1237 of the Wireless Innovation and Public 
     Safety Act of 2011.
       ``(2) Termination.--Effective on the day after the end of 
     the 5-year period described in paragraph (1)(C), the 
     authority provided by this section terminates and this 
     section shall have no effect.
       ``(e) Definitions.--In this section:
       ``(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 Wireless Innovation and Public Safety Act of 2011, 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 1 or more eligible entities described in 
     subparagraph (A) to provide 9-1-1 service, 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' 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.
       ``(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;

[[Page H8894]]

       ``(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.
       ``(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. 1233. 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 requiring 
     MLTS manufacturers to include 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. 1234. 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. 1235. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT 
                   GENERATION 9-1-1 SERVICE.

       (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. 1236. 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. 1237. NHTSA REPORT ON COSTS FOR REQUIREMENTS AND 
                   SPECIFICATIONS OF NEXT GENERATION 9-1-1 
                   SERVICES.

       (a) In General.--Using amounts made available from the 
     Public Safety Trust Fund under section 1401, not later than 1 
     year after the date of the enactment of this Act, the 
     Administrator of the National Highway Traffic Safety 
     Administration, in consultation with the Commission, the 
     Secretary of Homeland Security, and the Office, shall prepare 
     and submit to Congress a report that analyzes and determines 
     detailed costs for specific Next Generation 9-1-1 service 
     requirements and specifications.
       (b) Contents.--The report required under subsection (a) 
     shall include the following:
       (1) How costs would be allocated geographically or 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 
     service of persons with disabilities.
       (7) Standards and protocols for Next Generation 9-1-1 
     service and for incorporating Voice over Internet Protocol 
     and real-time text standards.

     SEC. 1238. FCC 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 services.
       (2) Legal mechanisms to ensure efficient and accurate 
     transmission of 9-1-1 caller information to emergency 
     management or response agencies.
       (3) Recommendations for removing jurisdictional barriers 
     and inconsistent legacy regulations, including--
       (A) proposals that would require States to remove 
     regulatory impediments to Next Generation 9-1-1 services 
     development, while recognizing the appropriate role of the 
     States;
       (B) eliminating outdated 9-1-1 regulations at the Federal 
     level; and
       (C) preempting inconsistent State regulations.

                 TITLE III--SPECTRUM AUCTION AUTHORITY

     SEC. 1301. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM.

       (a) In General.--
       (1) Auction.--The Commission shall, through competitive 
     bidding under section 309(j) of the Communications Act of 
     1934 (47 U.S.C. 309(j)), assign licenses for the use of

[[Page H8895]]

     the electromagnetic spectrum described in paragraph (2) in 
     accordance with the timetable set forth in paragraph (3).
       (2) Spectrum described.--The spectrum described in this 
     paragraph is the following:
       (A) The frequencies from 2155 megahertz to 2180 megahertz.
       (B) The frequencies from 1755 megahertz to 1780 megahertz, 
     except that if--
       (i) the President determines that such frequencies cannot 
     be reallocated for non-Federal use due to the need to protect 
     incumbent Federal operations from interference; and
       (ii) the President identifies other spectrum the 
     reallocation for non-Federal use of which better serves the 
     public interest, convenience, and necessity and that can 
     reasonably be expected to produce comparable auction 
     receipts;
     the spectrum described in this subparagraph shall be the 
     spectrum identified by the President under clause (ii).
       (C) The frequencies from 1695 megahertz to 1710 megahertz, 
     except for the geographic exclusion zones (as such zones may 
     be amended) identified in the report of the NTIA published in 
     October 2010 and entitled ``An Assessment of Near-Term 
     Viability of Accommodating Wireless Broadband Systems in 
     1675-1710 MHz, 1755-1780 MHz, 3500-3650 MHz, and 4200-4220 
     MHz, 4380-4400 MHz Bands''.
       (D) Fifteen megahertz of contiguous spectrum identified by 
     the Commission to be paired with the spectrum described in 
     subparagraph (C).
       (E) The frequencies from 1780 megahertz to 1850 megahertz, 
     except that if--
       (i) the President determines that such frequencies cannot 
     be reallocated for non-Federal use due to the need to protect 
     incumbent Federal operations from interference; and
       (ii) the President identifies other spectrum the 
     reallocation for non-Federal use of which better serves the 
     public interest, convenience, and necessity and that can 
     reasonably be expected to produce comparable auction 
     receipts;
     the spectrum described in this subparagraph shall be the 
     spectrum identified by the President under clause (ii).
       (3) Timetable.--Notwithstanding paragraph (15)(A) of such 
     section 309(j), the Commission shall complete all actions 
     necessary in order to--
       (A) in the case of licenses for the use of the spectrum 
     described in subparagraphs (A) and (B) of paragraph (2)--
       (i) commence the bidding process not later than January 31, 
     2014; and
       (ii) deposit the available proceeds in accordance with 
     paragraph (8) of such section not later than June 30, 2014;
       (B) in the case of licenses for the use of the spectrum 
     described in subparagraphs (C) and (D) of paragraph (2)--
       (i) commence the bidding process not later than January 31, 
     2018; and
       (ii) deposit the available proceeds in accordance with 
     paragraph (8) of such section not later than June 30, 2018; 
     and
       (C) in the case of licenses for the use of the spectrum 
     described in subparagraph (E) of paragraph (2)--
       (i) commence the bidding process not later than January 31, 
     2020; and
       (ii) deposit the available proceeds in accordance with 
     paragraph (8) of such section not later than June 30, 2020.
       (4) Notification to president.--Not later than 6 months 
     before each auction of frequencies under paragraph (1) in 
     which any frequency assigned to a Federal Government station 
     will be auctioned, the Commission shall notify the President 
     of the date when such auction will begin and the frequencies 
     to be auctioned.
       (5) Withdrawal from federal use.--Notwithstanding section 
     1062(b) of the National Defense Authorization Act for Fiscal 
     Year 2000 (Public Law 106-65; 47 U.S.C. 921 note), upon 
     receipt of a notification from the Commission under paragraph 
     (4) with respect to an auction of frequencies, the President 
     shall withdraw the assignment to a Federal Government station 
     of any such frequency.
       (6) Delayed or phased reallocation of certain federal 
     spectrum.--If the President determines that reallocation for 
     non-Federal use of the spectrum described in subparagraph (E) 
     of paragraph (2) must be delayed or conducted in phases to 
     ensure protection from interference of or continuity of 
     incumbent Federal operations, the President may delay the 
     withdrawal under paragraph (5) of the assignment of such 
     spectrum to a Federal Government station until such time as 
     the President considers necessary to ensure such protection, 
     but in no case later than January 31, 2020.
       (b) Auction of Certain Other Spectrum.--
       (1) Auction.--In accordance with the timetable set forth in 
     paragraph (2), the Commission shall assign through 
     competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)), or reallocate 
     for unlicensed use, the electromagnetic spectrum between the 
     frequencies from 3550 megahertz to 3650 megahertz, except for 
     the geographic exclusion zones (as such zones may be amended) 
     identified in the report of the NTIA published in October 
     2010 and entitled ``An Assessment of Near-Term Viability of 
     Accommodating Wireless Broadband Systems in 1675-1710 MHz, 
     1755-1780 MHz, 3500-3650 MHz, and 4200-4220 MHz, 4380-4400 
     MHz Bands''.
       (2) Timetable.--Notwithstanding paragraph (15)(A) of such 
     section, the Commission shall complete all actions necessary 
     in order to--
       (A) commence the bidding process, or commence reallocation 
     for unlicensed use, not later than 3 years after the date of 
     the enactment of this Act; and
       (B) deposit the available proceeds in accordance with 
     paragraph (8) of such section not later than 6 months 
     thereafter.
       (3) Notification to president.--Not later than 6 months 
     before each auction of frequencies under paragraph (1), or 
     the reallocation for unlicensed use of any frequency 
     described in such paragraph, the Commission shall notify the 
     President of the date when such auction will begin or such 
     reallocation will occur and the frequencies to be auctioned 
     or reallocated.
       (4) Withdrawal from federal use.--Upon receipt of a 
     notification from the Commission under paragraph (3) with 
     respect to an auction or reallocation of frequencies, the 
     President shall withdraw the assignment to a Federal 
     Government station of any such frequency.
       (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 ``(B), (D), and (E),'' 
     and inserting ``(B), (D), (E), (F), and (G),'';
       (2) in subparagraph (C)--
       (A) in clause (i), by striking ``subparagraph (E)(ii)'' and 
     inserting ``subparagraphs (D)(ii), (E)(ii), (F), and 
     (G)(iv)''; and
       (B) in clause (iii)--
       (i) by striking the period at the end and inserting a 
     semicolon;
       (ii) by striking ``shall be'' and inserting the following:

       ``(I) before the date of the enactment of the Wireless 
     Innovation and Public Safety Act of 2011, shall be''; and

       (iii) by adding at the end the following:

       ``(II) during the 10-year period beginning on the date of 
     the enactment of the Wireless Innovation and Public Safety 
     Act of 2011, shall be transferred to the Public Safety 
     Broadband Corporation established under section 1201(a)(1) of 
     such Act for use by the Corporation to carry out its duties 
     and responsibilities under titles I and II of such Act; and
       ``(III) after such period, shall be transferred to the 
     general fund of the Treasury for the sole purpose of deficit 
     reduction.'';

       (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.--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 subsection (a)(1) or (b)(1) of section 
     1301 of the Wireless Innovation and Public Safety Act of 
     2011, such portion of such proceeds as is necessary to cover 
     the relocation costs and sharing costs (as defined in 
     paragraph (3) of such section 113(g)) of Federal entities 
     relocated from or sharing 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 1401(a)(1) of such Act.''; and
       (4) by adding at the end the following new subparagraph:
       ``(F) Certain proceeds designated for public safety trust 
     fund.--Except as provided in subparagraphs (B) and (D), the 
     proceeds (including deposits and upfront payments from 
     successful bidders) from the use of a system of competitive 
     bidding under this subsection pursuant to subsections (a)(1) 
     and (b)(1) of section 1301 of the Wireless Innovation and 
     Public Safety Act of 2011 shall be deposited in the Public 
     Safety Trust Fund established by section 1401(a)(1) of such 
     Act.''.
       (d) 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 ``2021''.

     SEC. 1302. INCENTIVE AUCTION AUTHORITY.

       (a) In General.--Section 309(j)(8) of the Communications 
     Act of 1934, as amended by section 1301(c), is further 
     amended by adding at the end the following new subparagraph:
       ``(G) Incentive auction authority.--
       ``(i) In general.--If the Commission determines that it is 
     consistent with the public interest in utilization of the 
     spectrum for a licensee to voluntarily relinquish some or all 
     of its licensed rights for the use of spectrum in order to 
     permit--

       ``(I) through competitive bidding under this subsection, 
     the assignment of initial licenses subject to new service 
     rules, on a flexible-use basis to the extent technologically 
     feasible; or
       ``(II) the allocation of spectrum for unlicensed use;

     the Commission may disburse to such licensee, from the 
     proceeds from competitive bidding for any spectrum usage 
     rights made available by reason of relinquishments under this 
     subparagraph, an amount that the Commission considers 
     appropriate, based on the value of the rights relinquished by 
     such licensee.

[[Page H8896]]

       ``(ii) Factors for consideration.--In considering whether 
     to accept the voluntary relinquishment of licensed spectrum 
     usage rights of a licensee and share proceeds with such 
     licensee under clause (i), the Commission shall consider the 
     following factors:

       ``(I) The conditions under which such licensee could 
     maintain the license and whether such licensee is in 
     compliance with the license terms.
       ``(II) The extent to which such relinquishment would serve 
     the public interest, convenience, and necessity.

       ``(iii) Coverage area requirements.--In assigning licenses 
     under this subparagraph, the Commission shall make all 
     reasonable efforts to ensure that there is an adequate 
     opportunity for applicants to submit bids for licenses 
     covering both large and small geographic areas, as such areas 
     are determined by the Commission.
       ``(iv) Treatment of revenues.--Except as provided in 
     subparagraph (B), all proceeds (including deposits and 
     upfront payments from successful bidders) from the auction of 
     spectrum usage rights made available by relinquishments under 
     this subparagraph shall be deposited in the Public Safety 
     Trust Fund established by section 1401(a)(1) of the Wireless 
     Innovation and Public Safety Act of 2011.''.
       (b) Special Rules for Television Broadcast Spectrum.--
       (1) General authority to reorganize.--In order to create a 
     geographically contiguous band of spectrum across the United 
     States, the Commission shall--
       (A) create a framework to make available such portions of 
     the television broadcast spectrum as the Commission considers 
     appropriate; and
       (B) require television broadcast station licensees and 
     other licensees to relocate, as the Commission considers 
     appropriate.
       (2) Voluntary nature of incentive auctions.--Except as 
     provided in paragraphs (3) and (4), reclamation or 
     modification of spectrum usage rights of a television 
     broadcast station licensee for the purpose of providing 
     spectrum usage rights to carry out an incentive auction under 
     subparagraph (G) of section 309(j)(8) of the Communications 
     Act of 1934, as added by subsection (a), shall be on a 
     voluntary basis.
       (3) Reclamation in exchange for rights to substantially 
     equivalent spectrum.--
       (A) In general.--The Commission may reclaim the spectrum 
     usage rights of a television broadcast station licensee for 
     the purpose of providing spectrum usage rights to carry out 
     an incentive auction under section 309(j)(8)(G) of the 
     Communications Act of 1934 if the Commission assigns to such 
     licensee the rights to use an identical amount of contiguous 
     spectrum, in the same geographic market.
       (B) Substantial equivalence.--The Commission shall ensure, 
     to the extent technically feasible, in the public interest, 
     and consistent with the goals of the auction, that spectrum 
     usage rights assigned under subparagraph (A) enable a 
     licensee to offer service that is substantially similar in 
     service contour, population covered, and amount of harmful 
     interference to the service offered by such licensee on the 
     spectrum the rights to which are reclaimed by the Commission 
     under such subparagraph.
       (C) Relocation costs.--The costs incurred by a licensee in 
     relocating to an identical amount of spectrum under 
     subparagraph (A) shall be paid from the Incentive Auction 
     Relocation Fund established by paragraph (6).
       (4) Modification of rights and compensation.--
       (A) Modification.--If the Commission determines that it is 
     in the public interest to modify the spectrum usage rights of 
     a television broadcast station licensee for the purpose of 
     providing spectrum usage rights to carry out an incentive 
     auction under section 309(j)(8)(G) of the Communications Act 
     of 1934, the Commission may make the modification and 
     compensate such licensee for the reduction in spectrum usage 
     rights from the Incentive Auction Relocation Fund established 
     by paragraph (6).
       (B) Least modification technically feasible.--To the extent 
     technically feasible and in the public interest, in making a 
     modification of the spectrum usage rights of a television 
     broadcast station licensee under subparagraph (A), the 
     Commission shall make reasonable efforts to--
       (i) preserve the amount of population covered by the signal 
     of such licensee within the service area of such licensee; 
     and
       (ii) avoid any substantial increase in harmful interference 
     to the signal of such licensee as a result of the 
     modification.
       (5) Limitations.--
       (A) Co-location.--In the reorganization of the television 
     broadcast spectrum under this subsection--
       (i) the Commission may not involuntarily co-locate multiple 
     television broadcast station licensees on the same channel; 
     and
       (ii) each television broadcast station licensee voluntarily 
     electing to be co-located shall have the carriage rights 
     under sections 338, 614, and 615 of the Communications Act of 
     1934 (47 U.S.C. 338; 534; 535) that it would have had if it 
     had been the sole television broadcast station licensee 
     located at the shared location on November 30, 2010.
       (B) No involuntary relocation from uhf to vhf.--In the 
     reorganization of the television broadcast spectrum under 
     this subsection, the Commission may not involuntarily 
     reassign a licensee from a television channel located between 
     470 megahertz and 608 megahertz to a television channel 
     located between 54 megahertz and 216 megahertz.
       (6) Establishment of incentive auction relocation fund.--
       (A) In general.--There is established in the Treasury of 
     the United States a fund to be known as the Incentive Auction 
     Relocation Fund.
       (B) Deposits.--There shall be deposited in the Incentive 
     Auction Relocation Fund the amounts specified in section 
     1401(b)(2).
       (C) Availability.--Amounts in the Incentive Auction 
     Relocation Fund shall be available to the Assistant Secretary 
     for use--
       (i) without fiscal year limitation;
       (ii) without further appropriation;
       (iii) in the case of availability for payment of the costs 
     of a particular television broadcast station licensee 
     described in subparagraph (D)(i)(I), for a period not to 
     exceed 18 months following the latest of--

       (I) completion of the auction under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) from which such 
     amounts were derived;
       (II) the issuance by the Commission to such licensee of a 
     construction permit to allow such licensee to change channels 
     or geographic locations; or
       (III) notification by such licensee to the Assistant 
     Secretary that such licensee has incurred or will incur costs 
     as a result of such a change;

       (iv) in the case of availability for payment of costs of a 
     particular multichannel video programming distributor 
     described in subparagraph (D)(i)(II), for a period not to 
     exceed 18 months following the later of--

       (I) completion of the auction under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)) from which such 
     amounts were derived; or
       (II) notification by such multichannel video programming 
     distributor to the Assistant Secretary that such multichannel 
     video programming distributor has incurred or will incur such 
     costs; and

       (v) before January 1, 2018.
       (D) Use of funds.--
       (i) In general.--Amounts in the Incentive Auction 
     Relocation Fund may only be used by the Assistant Secretary, 
     in consultation with the Commission, to cover--

       (I) the costs, including the costs of new equipment, 
     installation, and construction (including the costs of tower, 
     antenna, transmitter, and transmission line upgrades), 
     incurred by television broadcast station licensees as a 
     result of--

       (aa) relocation to an identical amount of contiguous 
     spectrum under paragraph (3); or
       (bb) modification of spectrum usage rights under paragraph 
     (4);

       (II) the costs of multichannel video programming 
     distributors (as defined in section 602(13) of the 
     Communications Act of 1934 (47 U.S.C. 522(13))) to continue 
     complying with any carriage obligations under sections 338, 
     614, and 615 of such Act (47 U.S.C. 338; 534; 535), if such 
     costs were incurred as a result of--

       (aa) voluntary relinquishment by television broadcast 
     station licensees of spectrum usage rights under section 
     309(j)(8)(G) of such Act;
       (bb) relocation of television broadcast station licensees 
     to an identical amount of contiguous spectrum under paragraph 
     (3); or
       (cc) modification of the spectrum usage rights of 
     television broadcast station licensees under paragraph (4); 
     and

       (III) the expenses incurred by the Assistant Secretary in 
     administering the Fund.

       (ii) Prohibition.--Amounts in the Incentive Auction 
     Relocation Fund may not be used to cover--

       (I) lost revenues; or
       (II) costs incurred by a television broadcast station 
     licensee as a result of a voluntary relinquishment of rights.

       (iii) Reasonableness.--The Assistant Secretary may only 
     make payments under clause (i) to cover costs that were 
     reasonably incurred, as determined by the Assistant 
     Secretary, in consultation with the Commission.
       (7) Confidentiality.--The Commission shall protect the 
     confidentiality of the identity of a television broadcast 
     station licensee offering to relinquish spectrum usage rights 
     under section 309(j)(8)(G) of the Communications Act of 1934 
     until the relinquishment becomes effective.
       (8) Deadlines for reorganization of television broadcast 
     spectrum.--
       (A) Rulemaking.--Not later than 18 months after the date of 
     the enactment of this Act, the Commission shall complete a 
     rulemaking proceeding to establish a process for carrying out 
     the reorganization of the television broadcast spectrum under 
     this subsection.
       (B) Auctions.--The Commission shall take all actions 
     necessary in order to, with respect to the portions of the 
     television broadcast spectrum made available through the 
     reorganization under this subsection--
       (i) not later than January 31, 2016--

       (I) commence the bidding process under section 309(j)(8)(G) 
     of the Communications Act of 1934 to assign initial licenses 
     subject to new service rules, on a flexible-use basis to the 
     extent technologically feasible; or
       (II) allocate such spectrum for unlicensed use; and

       (ii) not later than June 30, 2016, deposit the available 
     proceeds in accordance with such section.
       (9) Limitation.--During the period beginning on the date of 
     the enactment of this Act and ending on June 30, 2016, the 
     Commission

[[Page H8897]]

     may conduct only 1 process involving reorganization of the 
     television broadcast spectrum under this subsection.
       (10) Certain provisions inapplicable.--The following 
     provisions of the Communications Act of 1934 shall not apply 
     in the case of the reorganization of television broadcast 
     spectrum under this subsection or the auction under section 
     309(j)(8)(G) of such Act of the spectrum made available 
     through such reorganization: section 307(b), the 2nd and 3rd 
     sentences and subparagraphs (A) and (F) of section 309(j)(3), 
     subparagraphs (A), (C), and (D) of section 309(j)(4), section 
     309(j)(15)(A), section 316, and section 331.
       (11) Definitions.--In this subsection:
       (A) Television broadcast spectrum.--The term ``television 
     broadcast 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, from 470 megahertz to 
     608 megahertz, and from 614 megahertz to 698 megahertz.
       (B) Television broadcast station licensee.--The term 
     ``television broadcast station licensee'' means the licensee 
     of--
       (i) a full-power television station; or
       (ii) 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.
       (12) Expiration.--The preceding paragraphs of this 
     subsection, except paragraphs (6) and (11), shall not apply 
     after June 30, 2016.
       (c) Incentive Auctions To Repurpose Certain Mobile 
     Satellite Service Spectrum for Terrestrial Broadband Use.--
       (1) In general.--To the extent that the Commission makes 
     available, after the date of the enactment of this Act, 
     initial spectrum licenses for the use of some or all of the 
     spectrum described in paragraph (2) for terrestrial broadband 
     use, such licenses shall be assigned through a system of 
     competitive bidding under section 309(j) of the 
     Communications Act of 1934 (47 U.S.C. 309(j)), including, as 
     appropriate, paragraph (8)(G) of such section.
       (2) Spectrum described.--The spectrum described in this 
     paragraph is the following:
       (A) The frequencies from 1525 megahertz to 1544 megahertz, 
     from 1545 megahertz to 1559 megahertz, from 1626.5 megahertz 
     to 1645.5 megahertz, and from 1646.5 megahertz to 1660.5 
     megahertz (the L band).
       (B) The frequencies from 1610 megahertz to 1626.5 megahertz 
     and from 2483.5 megahertz to 2500 megahertz (the Big LEO 
     band).
       (C) The frequencies from 2000 megahertz to 2020 megahertz 
     and from 2180 megahertz to 2200 megahertz (the S band).
       (3) Retention of commission authority.--Nothing in this 
     subsection shall modify or restrict the authority of the 
     Commission to grant a waiver under section 316 of the 
     Communications Act of 1934 (47 U.S.C. 316) to an existing 
     mobile satellite service licensee to afford such licensee 
     additional flexibility to provide terrestrial broadband 
     services.

                   TITLE IV--PUBLIC SAFETY TRUST FUND

     SEC. 1401. 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) Deposit of receipts.--
       (A) In general.--There shall be deposited in the Public 
     Safety Trust Fund the proceeds from the auction of spectrum 
     required to be deposited in the Fund by subparagraphs 
     (D)(ii), (F), and (G) of section 309(j)(8) of the 
     Communications Act of 1934, as added by sections 
     1301(c)(3)(C), 1301(c)(4), and 1302(a), respectively.
       (B) Availability.--Amounts deposited in the Public Safety 
     Trust Fund in accordance with subparagraph (A) shall remain 
     available through fiscal year 2021. After the end of such 
     fiscal year, such amounts 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.--Amounts deposited in the Public Safety 
     Trust Fund shall be used in the following manner:
       (1) Payment of incentive amounts.--
       (A) Disbursals.--Amounts in the Public Safety Trust Fund 
     shall be used to make the disbursals permitted by section 
     309(j)(8)(G)(i) of the Communications Act of 1934 to 
     licensees who voluntarily relinquished licensed spectrum 
     usage rights under such section.
       (B) Notification to congress.--
       (i) In general.--At least 3 months before any incentive 
     auction conducted under section 309(j)(8)(G) of the 
     Communications Act of 1934, the Chairman of the Commission, 
     in consultation with the Director of the Office of Management 
     and Budget, shall notify the appropriate committees of 
     Congress--

       (I) of the methodology for calculating any disbursals 
     described in subparagraph (A) that will be made from the 
     proceeds of such auction; and
       (II) that such methodology considers the value of the 
     spectrum voluntarily relinquished in its current use and the 
     timeliness with which the licensee cleared its use of such 
     spectrum.

       (ii) 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.

       (2) Incentive auction relocation fund.--Not less than 5 
     percent but not more than $1,000,000,000 of the amounts in 
     the Public Safety Trust Fund shall be deposited in the 
     Incentive Auction Relocation Fund established by section 
     1302(b)(6)(A).
       (3) State, local, and tribal planning and implementation 
     fund.--$250,000,000 shall be deposited in the State, Local, 
     and Tribal Planning and Implementation Fund established by 
     section 1211(a).
       (4) Public safety broadband corporation.--$11,000,000,000 
     shall be deposited with the Public Safety Broadband 
     Corporation established under section 1201(a) for ensuring 
     the construction, management, maintenance, and operation of 
     the public safety broadband network.
       (5) Public safety research and development.--$40,000,000 
     per year for each of the fiscal years 2012 through 2016 shall 
     be made available for use by the Director of NIST to carry 
     out the research program established under section 1221.
       (6) NHTSA report on next generation 9-1-1 services.--
     $2,000,000 shall be made available for fiscal years 2012 and 
     2013 for use by the Administrator of the National Highway 
     Traffic Safety Administration to prepare the report on Next 
     Generation 9-1-1 services required by section 1237.
       (7) Deficit reduction.--Any amounts remaining in the Public 
     Safety Trust Fund after the deduction of the amounts required 
     by paragraphs (1) through (6) 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.

                        TITLE V--SPECTRUM POLICY

     SEC. 1501. SPECTRUM INVENTORY.

       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. SPECTRUM INVENTORY.

       ``(a) Radio Spectrum Inventory.--In order to promote the 
     efficient use of the electromagnetic spectrum, the Assistant 
     Secretary and the Commission shall coordinate and carry out 
     each of the following activities not later than 1 year after 
     the date of enactment of this section:
       ``(1) Except as provided in subsection (e), create an 
     inventory of each radio spectrum band of frequencies listed 
     in the United States Table of Frequency Allocations, from 225 
     megahertz to, at a minimum, 3.7 gigahertz, and to 10 
     gigahertz unless the Assistant Secretary and the Commission 
     determine that the burden of expanding the inventory 
     outweighs the benefit, that includes--
       ``(A) the radio services authorized to operate in each band 
     of frequencies;
       ``(B) the identity of each Federal or non-Federal user 
     within each such radio service authorized to operate in each 
     band of frequencies;
       ``(C) the activities, capabilities, functions, or missions 
     (including whether such activities, capabilities, functions, 
     or missions are space-based, air-based, or ground-based) 
     supported by the transmitters, end-user terminals or 
     receivers, or other radio frequency devices authorized to 
     operate in each band of frequencies;
       ``(D) the total amount of spectrum, by band of frequencies, 
     assigned or licensed to each Federal or non-Federal user (in 
     percentage terms and in sum) and the geographic areas covered 
     by their respective assignments or licenses; and
       ``(E) to the greatest extent possible--
       ``(i) the approximate number of transmitters, end-user 
     terminals or receivers, or other radio frequency devices 
     authorized to operate, as appropriate to characterize the 
     extent of use of each radio service in each band of 
     frequencies;
       ``(ii) an approximation of the extent to which each Federal 
     or non-Federal user is using, by geography, each band of 
     frequencies, such as the amount and percentage of time of 
     use, number of end users, or other measures as appropriate to 
     the particular band and radio service;
       ``(iii) contour maps or other information that illustrates 
     the coverage area, receiver performance, and other parameters 
     relevant to an assessment of the availability of spectrum in 
     each band;
       ``(iv) for each band or range of frequencies, the identity 
     of each entity offering unlicensed services and the types and 
     approximate number of unlicensed intentional radiators 
     verified or certified by the Commission that are authorized 
     to operate; and
       ``(v) for non-Federal users, any commercial names under 
     which facilities-based service is offered to the public using 
     the spectrum of the non-Federal user, including the 
     commercial names under which the spectrum is being offered 
     through resale.
       ``(2) Except as provided in subsection (e), create a 
     centralized portal or Web site to make the inventory of the 
     bands of frequencies required under paragraph (1) available 
     to the public.
       ``(b) Use of Agency Resources.--In creating the inventory 
     described in subsection (a)(1), the Assistant Secretary and 
     the Commission shall first use agency resources, including 
     existing databases, field testing, and

[[Page H8898]]

     recordkeeping systems, and only request information from 
     Federal and non-Federal users if such information cannot be 
     obtained using such agency resources.
       ``(c) Reports.--
       ``(1) In general.--Except as provided in subsection (e), 
     not later than 2 years after the date of enactment of this 
     section and biennially thereafter, the Assistant Secretary 
     and the Commission shall submit a report to the Committee on 
     Commerce, Science, and Transportation of the Senate and to 
     the Committee on Energy and Commerce of the House of 
     Representatives containing--
       ``(A) the results of the inventory created under subsection 
     (a)(1), including any update to the information in the 
     inventory pursuant to subsection (d);
       ``(B) a description of any information the Assistant 
     Secretary or the Commission determines is necessary for such 
     inventory but that is unavailable; and
       ``(C) a description of any information not provided by any 
     Federal or non-Federal user in accordance with subsections 
     (e)(1)(B)(ii) and (e)(2)(C)(ii).
       ``(2) Relocation report.--
       ``(A) In general.--Except as provided in subsection (e), 
     the Assistant Secretary and the Commission shall submit a 
     report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives containing a 
     recommendation of which spectrum, if any, should be 
     reallocated or otherwise made available for shared access and 
     an explanation of the basis for that recommendation.
       ``(B) Deadlines.--The report required under subparagraph 
     (A) shall be submitted not later than 2 years after the date 
     of enactment of this section and every 2 years thereafter.
       ``(3) Inventory report.--If the Assistant Secretary and the 
     Commission have not conducted an inventory under subsection 
     (a) to 10 gigahertz at least 90 days before the third report 
     required under paragraph (1) is submitted, the Assistant 
     Secretary and the Commission shall include an evaluation in 
     such report and in every report thereafter of whether the 
     burden of expanding the inventory to 10 gigahertz outweighs 
     the benefit until such time as the Assistant Secretary and 
     the Commission have conducted the inventory to 10 gigahertz.
       ``(d) Maintenance and Updating of Information.--After the 
     creation of the inventory required by subsection (a)(1), the 
     Assistant Secretary and the Commission shall make all 
     reasonable efforts to maintain and update the information 
     required under such subsection on a quarterly basis, 
     including when there is a transfer or auction of a license or 
     a change in a permanent assignment or license.
       ``(e) National Security and Public Safety Information.--
       ``(1) Nondisclosure.--
       ``(A) In general.--If the head of an executive agency of 
     the Federal Government determines that public disclosure of 
     certain information held by that agency or a licensee of non-
     Federal spectrum and required by subsection (a), (c), or (d) 
     would reveal classified national security information or 
     other information for which there is a legal basis for 
     nondisclosure and such public disclosure would be detrimental 
     to national security, homeland security, or public safety, 
     the agency head shall notify the Assistant Secretary of that 
     determination and shall include descriptions of the 
     activities, capabilities, functions, or missions (including 
     whether they are space-based, air-based, or ground-based) 
     supported by the information being withheld.
       ``(B) Information provided.--The agency head shall provide 
     to the Assistant Secretary--
       ``(i) the publicly releasable information required by 
     subsection (a)(1);
       ``(ii) to the maximum extent practicable, a summary 
     description, suitable for public release, of the classified 
     national security information or other information for which 
     there is a legal basis for nondisclosure; and
       ``(iii) a classified annex, under appropriate cover, 
     containing the classified national security information or 
     other information for which there is a legal basis for 
     nondisclosure that the agency head has determined must be 
     withheld from public disclosure.
       ``(2) Public safety nondisclosure.--
       ``(A) In general.--If a licensee of non-Federal spectrum 
     determines that public disclosure of certain information held 
     by that licensee and required to be submitted by subsection 
     (a), (c), or (d) would reveal information for which public 
     disclosure would be detrimental to public safety, or the 
     licensee is otherwise prohibited by law from disclosing the 
     information, the licensee may petition the Commission for a 
     partial or total exemption from inclusion on the centralized 
     portal or Web site under subsection (a)(2) and in the report 
     required by subsection (c).
       ``(B) Burden.--The licensee seeking an exemption under this 
     paragraph bears the burden of justifying the exemption and 
     shall provide clear and convincing evidence to support such 
     an exemption.
       ``(C) Information required.--If an exemption is granted 
     under this paragraph, the licensee shall provide to the 
     Commission--
       ``(i) the publicly releasable information required by 
     subsection (a)(1) for the inventory;
       ``(ii) to the maximum extent practicable, a summary 
     description, suitable for public release, of the information 
     for which public disclosure would be detrimental to public 
     safety or the licensee is otherwise prohibited by law from 
     disclosing; and
       ``(iii) an annex, under appropriate cover, containing the 
     information that the Commission has determined should be 
     withheld from public disclosure.
       ``(3) Additional disclosure.--The annexes required under 
     paragraphs (1)(B)(iii) and (2)(C)(iii) shall be provided to 
     the congressional committees listed in subsection (c), but 
     shall not be disclosed to the public under subsection (a) or 
     subsection (d) or provided to any unauthorized person through 
     any other means.
       ``(4) National security council consultation.--Prior to the 
     release of the inventory under subsection (a), any updates to 
     the inventory resulting from subsection (d), or the 
     submission of a report under subsection (c)(1), the Assistant 
     Secretary and the Commission shall consult with the National 
     Security Council for a period not to exceed 30 days for the 
     purposes of determining what additional information, if any, 
     shall be withheld from the public.
       ``(f) Proprietary Information.--In creating and maintaining 
     the inventory, centralized portal or Web site, and reports 
     under this section, the Assistant Secretary and the 
     Commission shall follow their rules and practice regarding 
     confidential and proprietary information. Nothing in this 
     subsection shall be construed to compel the Commission to 
     make publicly available any confidential or proprietary 
     information.''.

     SEC. 1502. FEDERAL SPECTRUM PLANNING.

       (a) Review of Evaluation Process.--Not later than 6 months 
     after the date of the enactment of this Act, the Comptroller 
     General of the United States shall--
       (1) conduct a review of the processes that Federal entities 
     utilize to evaluate the spectrum needs of such entities;
       (2) make recommendations on how to improve such processes; 
     and
       (3) submit to the appropriate committees of Congress a 
     report on the review and recommendations made pursuant to 
     paragraphs (1) and (2).
       (b) Revision of Evaluation Process.--
       (1) In general.--Not later than 1 year after the date of 
     the enactment of this Act, each Federal entity shall update 
     or revise the process used by such entity to evaluate the 
     proposed spectrum needs of such entity, or establish such a 
     process, taking into account any applicable recommendations 
     made in the report required by subsection (a).
       (2) Required inclusions.--
       (A) Analysis of options.--Each process described in 
     paragraph (1), whether newly established, updated, or 
     revised, shall include an analysis and assessment of--
       (i) the options available to the Federal entity to obtain 
     communications services that are the most spectrum-efficient; 
     and
       (ii) the effective alternatives available to such entity 
     that will permit the entity to continue to satisfy the 
     mission requirements of the entity.
       (B) Analysis submitted to ntia.--The analysis and 
     assessment carried out under subparagraph (A) shall be 
     submitted by the Federal entity to the Assistant Secretary at 
     the same time that the entity seeks certification or 
     recertification, if applicable, of spectrum support from the 
     NTIA pursuant to the requirements of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 901 et seq.) and OMB Circular A-
     11.
       (c) Spectrum Plans of Federal Entities.--
       (1) In general.--Not later than 2 years after the date of 
     the enactment of this Act, and every 2 years thereafter, each 
     Federal entity shall provide an entity-specific strategic 
     spectrum plan to the Assistant Secretary and the Director of 
     the Office of Management and Budget.
       (2) Required inclusions.--Each strategic spectrum plan 
     submitted under paragraph (1) shall include--
       (A) the spectrum requirements of the entity;
       (B) the planned uses of new technologies or expanded 
     services requiring spectrum over a period of time to be 
     determined by the entity;
       (C) suggested spectrum-efficient approaches to meeting the 
     spectrum requirements identified under subparagraph (A); and
       (D) progress reports on the activities of the entity to 
     improve its spectrum management.
       (d) Classified National Security Information and Certain 
     Other Information.--
       (1) In general.--The head of a Federal entity shall take 
     the actions described in paragraph (2) if such head 
     determines that disclosure of information required by 
     subsection (c) would reveal--
       (A) information that is classified in accordance with 
     Executive Order 13526 (75 Fed. Reg. 707) or any successor 
     Executive order establishing or modifying the uniform system 
     for classifying, safeguarding, and declassifying national 
     security information; or
       (B) 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.
       (2) Actions described.--The actions described in this 
     paragraph are the following:
       (A) Notification to the Assistant Secretary of the 
     determination under paragraph (1).
       (B) Provision to the Assistant Secretary of--
       (i) the publicly releasable information required by 
     subsection (c);

[[Page H8899]]

       (ii) to the maximum extent practicable, a summary 
     description, suitable for public release, of the classified 
     information or other information for which there is a legal 
     basis for nondisclosure; and
       (iii) a classified annex, under appropriate cover, 
     containing the classified information or other information 
     for which there is a legal basis for nondisclosure that the 
     head of the Federal entity has determined must be withheld 
     from public disclosure.
       (3) Annex restriction.--The Assistant Secretary shall make 
     an annex described in paragraph (2)(B)(iii) available to the 
     Secretary of Commerce and the Director of the Office of 
     Management and Budget. Neither the Assistant Secretary, the 
     Secretary of Commerce, nor the Director of the Office of 
     Management and Budget may make any such annex available to 
     the public or to any unauthorized person through any other 
     means.
       (e) Federal Strategic Spectrum Plan.--
       (1) Development and submission.--
       (A) In general.--The Secretary of Commerce shall develop a 
     Federal Strategic Spectrum Plan, in coordination with the 
     Assistant Secretary and the Director of the Office of 
     Management and Budget.
       (B) Submission to congress.--Not later than 6 months after 
     the date by which the initial entity-specific strategic 
     spectrum plans are required to be submitted to the Assistant 
     Secretary under subsection (c)(1), the Secretary of Commerce 
     shall, consistent with the requirements set forth in 
     subsection (d)(3), submit the Federal Strategic Spectrum Plan 
     developed under subparagraph (A) to the appropriate 
     committees of Congress.
       (C) Nondisclosure of annexes.--The Federal Strategic 
     Spectrum Plan required to be submitted under subparagraph (B) 
     shall be submitted in unclassified form, but shall include, 
     if appropriate, 1 or more annexes as provided for by 
     subsection (d)(2)(B)(iii). No congressional committee may 
     make any such annex available to the public or to any 
     unauthorized person.
       (D) Classified annexes.--If the Federal Strategic Spectrum 
     Plan includes a classified annex as provided for by 
     subsection (d)(2)(B)(iii), the Secretary of Commerce shall--
       (i) submit the classified annex only to the appropriate 
     committees of Congress with primary oversight jurisdiction 
     for the user entities or licensees concerned; and
       (ii) provide notice of the submission to the other 
     appropriate committees of Congress.
       (E) Definition.--In this subsection, the term ``appropriate 
     committees of Congress'' means the Committee on Commerce, 
     Science, and Transportation of the Senate, the Committee on 
     Energy and Commerce of the House of Representatives, and any 
     other congressional committee with primary oversight 
     jurisdiction for the user entity or licensees concerned.
       (2) Incorporation of entity plans.--The Federal Strategic 
     Spectrum Plan developed under paragraph (1)(A) shall 
     incorporate, consistent with the requirements of subsection 
     (d)(3), the initial entity-specific strategic spectrum plans 
     submitted under subsection (c)(1).
       (3) Required inclusions.--The Federal Strategic Spectrum 
     Plan developed under paragraph (1)(A) shall include--
       (A) information on how spectrum assigned to and used by 
     Federal entities is being used;
       (B) opportunities to increase efficient use of 
     infrastructure and spectrum assigned to and used by Federal 
     entities;
       (C) an assessment of the future spectrum needs of the 
     Federal Government; and
       (D) plans to incorporate such needs in the frequency 
     assignment, equipment certification, and review processes of 
     the Assistant Secretary.
       (4) Updates.--The Secretary of Commerce shall revise and 
     update the Federal Strategic Spectrum Plan developed under 
     paragraph (1)(A) to take into account the biennial submission 
     of the entity-specific strategic spectrum plans submitted 
     under subsection (c)(1).
       (f) National Strategic Spectrum Plan.--
       (1) In general.--Not later than 4 years after the date of 
     the enactment of this Act, and every 4 years thereafter, the 
     Assistant Secretary and the Commission, in consultation with 
     other Federal departments and agencies, State, local, and 
     tribal entities, and commercial spectrum interests, shall 
     develop a quadrennial National Strategic Spectrum Plan.
       (2) Required inclusion.--A National Strategic Spectrum Plan 
     developed under paragraph (1) shall include the following:
       (A) The Federal Strategic Spectrum Plan developed under 
     paragraph (1)(A) of subsection (e), as updated under 
     paragraph (4) of such subsection.
       (B) Long-range spectrum planning for both Federal and non-
     Federal users, including commercial users and State and local 
     government users.
       (C) An identification of new technologies or expanded 
     services requiring spectrum.
       (D) An identification and analysis of the nature and 
     characteristics of the new radio communication systems 
     required and the nature and characteristics of the spectrum 
     required.
       (E) An identification and analysis of efficient approaches 
     to meeting the future spectrum requirements of all users, 
     including--
       (i) requiring certain standards-based technologies that 
     improve spectrum efficiencies;
       (ii) spectrum sharing and reuse opportunities;
       (iii) possible reallocation; and
       (iv) any other approaches that promote efficient use of 
     spectrum.
       (F) An evaluation of current spectrum auction processes to 
     determine the effectiveness of such processes in--
       (i) promoting competition;
       (ii) improving the efficiency of spectrum use; and
       (iii) maximizing the full economic value of the spectrum to 
     consumers, industry, and taxpayers.

     SEC. 1503. REALLOCATING FEDERAL SPECTRUM FOR COMMERCIAL 
                   PURPOSES AND FEDERAL SPECTRUM SHARING.

       (a) Eligible Federal Entities.--Section 113(g)(1) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(1)) is amended to read as 
     follows:
       ``(1) Eligible federal entities.--Any Federal entity that 
     operates a Federal Government station authorized to use a 
     band of frequencies specified in paragraph (2) and that 
     incurs relocation costs or sharing costs because of planning 
     for a potential auction of spectrum frequencies, a planned 
     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 costs or sharing costs from the Spectrum 
     Relocation Fund, in accordance with 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.''.
       (b) Eligible Frequencies.--Section 113(g)(2)(B) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)(2)(B)) is amended to read 
     as follows:
       ``(B) any other band of frequencies reallocated from 
     Federal use to non-Federal or shared use, whether for 
     licensed or unlicensed use, after January 1, 2003, that is 
     assigned--
       ``(i) by competitive bidding pursuant to section 309(j) of 
     the Communications Act of 1934 (47 U.S.C. 309(j)); or
       ``(ii) as a result of an Act of Congress or any other 
     administrative or executive direction.''.
       (c) Relocation Costs and Sharing Costs Defined.--Section 
     113(g)(3) of the National Telecommunications and Information 
     Administration Organization Act (47 U.S.C. 923(g)(3)) is 
     amended to read as follows:
       ``(3) Relocation costs and sharing costs defined.--
       ``(A) In general.--For purposes of this subsection, the 
     term `relocation costs' or `sharing costs' means the costs 
     incurred by a Federal entity in connection with the auction 
     (or a potential or planned auction) of spectrum frequencies 
     previously assigned to such entity, or the sharing of 
     spectrum frequencies assigned to such entity (including the 
     auction or a potential or planned auction of the rights to 
     use spectrum frequencies on a shared basis with such entity), 
     respectively, in order to achieve comparable capability of 
     systems as before the relocation or the 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 costs, or 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 an eligible 
     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 costs or sharing 
     costs that are provided to the Commission pursuant to 
     paragraph (4);
       ``(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 
     project (including spectrum coordination with auction 
     winners) or potential relocation or sharing project;

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

       ``(I) to accommodate commercial use of shared frequencies; 
     or
       ``(II) in the case of eligible frequencies reallocated for 
     exclusive commercial use and assigned through a competitive 
     bidding process 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;

       ``(v) the costs associated with the accelerated replacement 
     of systems and equipment if such acceleration is necessary to 
     ensure the timely relocation of systems to a new frequency 
     assignment or the timely accommodation of sharing of Federal 
     frequencies; and

[[Page H8900]]

       ``(vi) the costs of the use of commercial systems 
     (including systems not utilizing spectrum) to replace Federal 
     systems discontinued or relocated pursuant to this Act, 
     including lease (including lease of land), subscription, and 
     equipment costs over an appropriate period, such as the 
     anticipated life of an equivalent Federal system or other 
     period determined by the Director of the Office of Management 
     and Budget.
       ``(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.''.
       (d) Certain Procedural Requirements.--Section 113(g) of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923(g)) is amended--
       (1) in paragraph (4)(A)--
       (A) by inserting ``or sharing costs'' after ``relocation 
     costs''; and
       (B) by inserting ``or sharing'' after ``such relocation'';
       (2) in paragraph (5)--
       (A) by inserting ``or sharing costs'' after ``relocation 
     costs''; and
       (B) by inserting ``or sharing'' after ``for relocation''; 
     and
       (3) in paragraph (6)--
       (A) in the 1st sentence, by inserting ``and the timely 
     implementation of arrangements for the sharing of such 
     frequencies'' before the period at the end;
       (B) in the 2nd sentence--
       (i) by striking ``by relocating to a new frequency 
     assignment or by utilizing an alternative technology'';
       (ii) by inserting ``or limit'' after ``terminate''; and
       (iii) by inserting ``or sharing arrangement has been 
     implemented'' before the period at the end; and
       (C) in the 3rd sentence, by inserting ``or sharing'' after 
     ``relocation''.
       (e) Spectrum Sharing Agreements.--Section 113(g) of the 
     National Telecommunications and Information Administration 
     Organization Act, as amended by subsection (d), is further 
     amended by adding at the end the following:
       ``(7) Spectrum sharing agreements.--A Federal entity is 
     permitted to allow access to its frequency assignments by a 
     non-Federal entity upon approval of the NTIA, in consultation 
     with the Director of the Office of Management and Budget. 
     Such non-Federal entities shall comply with all applicable 
     rules of the Commission and the NTIA, including any 
     regulations promulgated pursuant to this section. Any 
     remuneration associated with such access shall be deposited 
     into the Spectrum Relocation Fund established under section 
     118. The costs incurred by a Federal entity as a result of 
     allowing such access are sharing costs for which the entity 
     is eligible for payment from the Fund for the purposes 
     specified in paragraph (3). The revenue associated with such 
     access shall be at least 110 percent of the estimated Federal 
     costs.''.
       (f) Spectrum Relocation Fund.--Section 118 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) is amended--
       (1) in subsection (b), by inserting before the period at 
     the end the following: ``and any payments made by non-Federal 
     entities for access to Federal spectrum pursuant to section 
     113(g)(7)'';
       (2) by amending subsection (c) to read as follows:
       ``(c) Use of Funds.--
       ``(1) Funds from auctions.--The amounts in the Fund from 
     auctions of eligible frequencies are authorized to be used to 
     pay relocation costs or sharing costs, as defined in section 
     113(g)(3), of an eligible Federal entity incurring such costs 
     with respect to relocation from any eligible frequency or the 
     sharing of such frequency.
       ``(2) Funds from payments by non-federal entities.--The 
     amounts in the Fund from payments by non-Federal entities for 
     access to Federal spectrum pursuant to section 113(g)(7) are 
     authorized to be used to pay the sharing costs, as defined in 
     section 113(g)(3), of an eligible Federal entity incurring 
     such costs with respect to such access.
       ``(3) Transfer of funds.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Director of OMB may transfer at any time (including prior to 
     any auction or contemplated auction or sharing initiative) 
     such sums as may be available in the Fund to an eligible 
     Federal entity to pay eligible relocation costs 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 the notification provided under 
     subsection (d)(2)(B) 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 equal 
     to or greater 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.
       ``(C) Applicability.--
       ``(i) Prior costs incurred.--The Director of OMB may 
     transfer up to $10,000,000 from the Fund to eligible Federal 
     entities for eligible relocation costs or sharing costs 
     related to pre-auction estimates or research, as such costs 
     are described in section 113(g)(3)(A)(iii), for costs 
     incurred prior to the date of the enactment of the Wireless 
     Innovation and Public Safety Act of 2011, but after June 28, 
     2010.
       ``(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 after the date of the enactment of the 
     Wireless Innovation and Public Safety Act of 2011.'';
       (3) in subsection (d)--
       (A) in paragraph (1), by inserting ``and sharing costs'' 
     after ``relocation costs'';
       (B) in paragraph (2)--
       (i) in subparagraph (A), by inserting ``or sharing'' before 
     the semicolon; and
       (ii) in subparagraph (B)--

       (I) by inserting ``or sharing costs'' after ``relocation 
     costs''; and
       (II) by inserting ``or sharing'' before the period at the 
     end; and

       (C) by amending paragraph (3) to read as follows:
       ``(3) Reversion of unused funds.--
       ``(A) In general.--Any amounts in the Fund that are 
     remaining after the payment of the relocation costs and 
     sharing costs that are payable from the Fund shall revert to 
     and be deposited in the general fund of the Treasury 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 appropriate committees of 
     Congress that such funds are needed to complete or to 
     implement current or future relocations or sharing 
     initiatives.
       ``(B) Definition.--In this paragraph, the term `appropriate 
     committees of Congress' means--
       ``(i) the Committee on Appropriations of the Senate;
       ``(ii) the Committee on Commerce, Science, and 
     Transportation of the Senate;
       ``(iii) the Committee on Appropriations of the House of 
     Representatives; and
       ``(iv) the Committee on Energy and Commerce of the House of 
     Representatives.'';
       (4) in subsection (e)(2)--
       (A) by inserting ``or sharing costs'' after ``relocation 
     costs'';
       (B) by striking ``entity's relocation'' and inserting 
     ``relocation of the entity or implementation of the sharing 
     arrangement by the entity''; and
       (C) by inserting ``or the implementation of such 
     arrangement'' after ``such relocation''; and
       (5) by adding at the end the following:
       ``(f) Additional Payments From the Fund.--
       ``(1) Amounts available.--Notwithstanding subsections (c) 
     through (e), after the date of the enactment of the Wireless 
     Innovation and Public Safety Act of 2011, and following the 
     credit of any amounts specified in subsection (b), there are 
     hereby appropriated from the Fund and available to the 
     Director of OMB--
       ``(A) up to 10 percent of the amounts deposited in the Fund 
     from the auction of licenses for frequencies of spectrum 
     vacated by Federal entities; and
       ``(B) up to 10 percent of the amounts deposited in the Fund 
     by non-Federal entities for sharing of Federal spectrum.
       ``(2) Use of amounts.--The Director of OMB, in consultation 
     with the NTIA, may use such amounts to make payments to 
     eligible Federal entities for the purpose of encouraging 
     timely access to such spectrum, provided that--
       ``(A) any such payment by the Director of OMB is based on 
     the market value of the spectrum, the timeliness with which 
     the Federal entity cleared its use of such spectrum, and the 
     need for such spectrum in order for the Federal entity to 
     conduct its essential missions;
       ``(B) any such payment by the Director of OMB is used to 
     carry out--
       ``(i) the purposes specified in clauses (i) through (vi) of 
     section 113(g)(3)(A) to achieve enhanced capability for those 
     systems affected by reallocation of Federal spectrum for 
     commercial use, or by sharing of Federal frequencies with 
     non-Federal entities; and
       ``(ii) other communications, radar, and spectrum-using 
     investments not directly affected by such reallocation or 
     sharing but essential for the missions of the Federal entity 
     that is relocating its systems or sharing frequencies;
       ``(C) the amount remaining in the Fund after any such 
     payment by the Director of OMB is not less than 10 percent of 
     the winning bids in the relevant auction, or is not less than 
     10 percent of the payments from non-Federal entities in the 
     relevant sharing agreement;
       ``(D) any such payment by the Director of OMB shall not be 
     made until 30 days after the Director has notified the 
     Committees on Appropriations and Commerce, Science, and 
     Transportation of the Senate, and the Committees on 
     Appropriations and Energy and

[[Page H8901]]

     Commerce of the House of Representatives; and
       ``(E) the Director of OMB shall make available from such 
     amounts not more than $3,000,000 per year for each of the 
     fiscal years 2012 through 2016 for use by the Assistant 
     Secretary in carrying out the spectrum management activities 
     of the Assistant Secretary under title V of the Wireless 
     Innovation and Public Safety Act of 2011.''.
       (g) Public Disclosure and Nondisclosure.--If the head of an 
     executive agency of the Federal Government determines that 
     public disclosure of any information contained in a 
     notification or report required by section 113 or 118 of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 923; 928) would reveal classified 
     national security information or other information for which 
     there is a legal basis for nondisclosure and such public 
     disclosure would be detrimental to national security, 
     homeland security, public safety, or jeopardize law 
     enforcement investigations, the head of the executive agency 
     shall notify the Assistant Secretary of that determination 
     prior to release of such classified information or other 
     information. In that event, such classified information or 
     other information shall be included in a separate annex, as 
     needed. These annexes 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 
     other means.

     SEC. 1504. STUDY ON SPECTRUM EFFICIENCY THROUGH RECEIVER 
                   STANDARDS.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on efforts to ensure that each 
     transmission system that employs radio spectrum is designed 
     and operated so that reasonable use of adjacent spectrum does 
     not excessively impair the functioning of such system.
       (b) Required Considerations.--At a minimum, the study 
     required by subsection (a) shall consider--
       (1) the value of--
       (A) improving receiver standards as it relates to 
     increasing spectral efficiency;
       (B) improving operation of services in adjacent 
     frequencies;
       (C) narrowing the guard bands between adjacent spectrum 
     use; and
       (D) improving overall receiver performance for the end 
     user;
       (2) the role of manufacturers, commercial licensees, and 
     government users with respect to their transmission systems 
     and use of adjacent spectrum described in subsection (a);
       (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 described in subsection (a); 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 adjacent spectrum described 
     in subsection (a).
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report to the appropriate committees of 
     Congress on the results of the study required by subsection 
     (a).
       (d) Definition.--For purposes of this section, the term 
     ``transmission system'' means any telecommunications, 
     broadcast, satellite, commercial mobile service, or other 
     communications system that employs radio spectrum.

     SEC. 1505. STUDY ON UNLICENSED USE IN THE 5 GHZ BAND.

       (a) In General.--The Assistant Secretary and the Commission 
     shall, in consultation with the Secretary of Transportation 
     and other stakeholders, conduct a study evaluating known and 
     proposed spectrum-sharing technologies and the risk to 
     Federal and primary users if unlicensed U-NII devices were 
     allowed to operate in the 5350-5470 MHz band and the 5850-
     5925 MHz band.
       (b) Submission.--Not later than 8 months after the date of 
     the enactment of this Act, the Assistant Secretary and the 
     Commission, acting jointly or separately, shall report on 
     their findings under subsection (a) to the appropriate 
     committees of Congress.
       (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.
       (3) U-NII devices.--The term ``U-NII devices'' has the 
     meaning given such term in section 15.403(s) of title 47, 
     Code of Federal Regulations, except for the frequency bands 
     specified in such section.

     SEC. 1506. REPORT ON AVAILABILITY OF WIRELESS EQUIPMENT FOR 
                   THE 700 MHZ BAND.

       (a) In General.--Not later than 90 days after the date of 
     the enactment of this Act, and every 6 months thereafter 
     until January 1, 2016, the Commission shall prepare and 
     submit to the appropriate committees of Congress a report 
     on--
       (1) the availability of wireless equipment capable of 
     operating over all spectrum between the frequencies from 698 
     megahertz to 806 megahertz that is allocated by the 
     Commission for paired commercial or public safety use; and
       (2) the potential availability of wireless equipment 
     capable of operating over spectrum made available through 
     reorganization of the television broadcast spectrum under 
     section 1302(b) and the auction of such spectrum under 
     subparagraph (G) of section 309(j)(8) of the Communications 
     Act of 1934, as added by section 1302(a).
       (b) Contents.--The Commission shall seek input from the 
     commercial mobile data service industry and include in the 
     report required by subsection (a) an assessment of--
       (1) the technical feasibility, and the potential impact on 
     costs, size, battery consumption, and any other factor the 
     Commission considers appropriate, of making equipment capable 
     of operating over some or all of the spectrum described in 
     paragraph (1) of such subsection;
       (2) the timeframe for when wireless equipment capable of 
     operating over some or all of such spectrum will be 
     available; and
       (3) the feasibility of and progress towards making 
     available wireless equipment that is capable of operating 
     over some or all of the spectrum described in paragraph (2) 
     of such subsection.