#aagth ,,congress #b;d ,session ,h4 ,r4 #gfbd ,,an ,,act ,to make available additional frequencies in the #c4a-c4de ,g,hz band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,spectrum ,innovation ,act of #bjbb4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,spectrum ,auctions and ,innovation ,sec4 #aja4 ,spectrum auctions and innovation4 ,title ,,ii--,secure and ,trusted ,communications ,networks ,reimbursement ,program ,sec4 #bja4 ,increase in limitation on expenditure4 ,title ,,iii--,next ,generation #i-a-a ,sec4 #cja4 ,further deployment and coordination of ,next ,generation #i-a-a4 ,title ,,iv--,incumbent ,informing ,capability ,sec4 #dja4 ,incumbent informing capability4 ,title ,v--,extension of ,,fcc ,auction ,authority ,sec4 #eja4 ,extension of ,,fcc auction authority4 ,title ,,vi--,public ,safety and ,secure ,networks ,fund ,sec4 #fja4 ,public ,safety and ,secure ,networks ,fund4 ,title ,,vii--,determination of ,budgetary ,effects ,sec4 #gja4 ,determination of budgetary effects4 ,i ,spectrum ,auctions and ,innovation #aja4 ,spectrum auctions and innovation 7a7 ,definitions ,in this section3 7#a7 ,assistant secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,covered band ,the term covered band means the band of frequencies between #cajj megahertz and #cdej megahertz1 inclusive4 7#d7 ,federal entity ,the term ,federal entity has the meaning given such term in section #aac7l7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7l774 7#e7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,armed ,services of the ,house of ,representatives2 and 7,d7 the ,committee on ,armed ,services of the ,senate4 7#f7 ,relocation or sharing costs ,the term relocation or sharing costs has the meaning given such term in section #aac7;g77#c7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc7;g77#c774 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7b7 #c4a-c4de ,g,hz band 7#a7 ,pipeline funding 7,a7 ,in general ,a ,federal entity with operations in the covered band that the ,assistant ,secretary determines might be affected by reallocation of the covered band may request a payment of up to #be1jjj1jjj under section #aah7;g77#b77;,a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77;,a77 in order to make available the entire covered band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 7,b7 ,exemptions ,subparagraphs 7,c77ii7 and 7,d77ii7 of section #aah7;g77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77#b77 shall not apply with respect to a payment described in subparagraph 7,a7 of this paragraph4 7,c7 ,oversight ,the ,assistant ,secretary and the ,executive ,office of the ,president shall continuously review and provide oversight of the activities carried out using a payment described in subparagraph 7,a7 of this paragraph1 the payment required by section #ijjjh7;b77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #acdh2 #dg ,u4,s4,c4 #iba note71 as such section was in effect on the day before the date of the enactment of this ,act1 or a combination of both such payments4 7,d7 ,report to ,secretary of ,commerce and ,congress ,not later than #ae months after the date of the enactment of this ,act1 for the purposes of aiding the ,secretary in making the identification under paragraph 7#b7 and informed by the activities carried out using a payment described in subparagraph 7,a71 the payment required by section #ijjjh7;b77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #acdh2 #dg ,u4,s4,c4 #iba note71 as such section was in effect on the day before the date of the enactment of this ,act1 or a combination of both such payments1 any ,federal entity receiving such a payment or payments1 in consultation with the ,assistant ,secretary and the ,executive ,office of the ,president1 shall submit to the ,secretary and the relevant congressional committees a report that-- 7i7 contains the findings of the activities carried out using such payment or payments2 and 7ii7 recommends frequencies in the covered band for identification by the ,secretary under paragraph 7#b74 7#b7 ,identification ,not later than #ba months after the date of the enactment of this ,act1 informed by the report required under paragraph 7#a77;,d71 the ,secretary1 in consultation with the ,secretary of ,defense1 the ,director of the ,office of ,science and ,technology ,policy1 and the ,commission1 shall submit to the ,president1 the ,commission1 and the relevant congressional committees a report that identifies for inclusion in a system of competitive bidding under paragraph 7#c7 #cej megahertz of frequencies in the covered band for non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof4 7#c7 ,auction 7,a7 ,in general ,not later than #g years after the date of the enactment of this ,act1 the ,commission1 in coordination with the ,assistant ,secretary1 shall commence a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j771 in accordance with paragraph 7#b7 of this subsection1 of the frequencies identified under such paragraph for a system of competitive bidding4 7,b7 ,prohibition ,no entity that produces or provides any covered communications equipment or service 7as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh771 or any affiliate 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec77 of such an entity1 may participate in the system of competitive bidding required by subparagraph 7,a74 7,c7 ,scope ,the ,commission may not include in the system of competitive bidding required by subparagraph 7,a7 any frequencies that are not in the covered band4 7,d7 ,deposit of proceeds ,notwithstanding subparagraphs 7,a71 7,c77i71 and 7,d7 of section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 and except as provided in subparagraph 7,b7 of such section1 the proceeds 7including deposits and upfront payments from successful bidders7 of the system of competitive bidding required by subparagraph 7,a7 of this paragraph 7in this subparagraph referred to as the covered proceeds7 shall be deposited or available as follows3 7i7 ,such amount of the covered proceeds as is necessary to cover #aaj percent of the relocation or sharing costs of ,federal entities relocated from or sharing the frequencies identified under paragraph 7#b7 of this subsection shall be deposited in the ,spectrum ,relocation ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh74 7ii7 ,after the amount required to be deposited by clause 7i7 is so deposited1 any remainder of the covered proceeds shall be deposited in the ,public ,safety and ,secure ,networks ,fund established by section #fja4 7#d7 ,modification or withdrawal 7,a7 ,in general ,the ,president shall modify or withdraw any assignment to a ,federal ,government station of the frequencies identified under paragraph 7#b7 to accommodate non-,federal use1 shared ,federal and non-,federal use1 or a combination thereof in accordance with that paragraph4 7,b7 ,limitations ,the ,president may not modify or withdraw any assignment to a ,federal ,government station as described in subparagraph 7,a7-- 7i7 unless the ,president determines that such modification or withdrawal will not compromise the primary mission of a ,federal entity operating in the covered band2 or 7ii7 before ,november #cj1 #bjbd4 7#e7 ,auction proceeds to cover #aaj percent of federal relocation or sharing costs ,nothing in this subsection shall be construed to relieve the ,commission from the requirements under section #cji7;j77#af77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#af77;,b774 7c7 ,,fcc auction authority 7#a7 ,termination ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by striking #bjbe and all that follows and inserting #bjbf1 and with respect to the electromagnetic spectrum identified under section #aja7;b77#b7 of the ,spectrum ,innovation ,act of #bjbb1 such authority shall expire on the date that is #g years after the date of the enactment of that ,act44 7#b7 ,spectrum ,pipeline ,act of #bjae ,section #ajjd of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fba2 #dg ,u4,s4,c4 #iba note7 is amended-- 7,a7 in subsection 7a71 by striking #bjbb and inserting #bjbd2 7,b7 in subsection 7b77#a71 by striking #bjbb and inserting #bjbd2 and 7,c7 in subsection 7c77#a77;,b71 by striking #bjbd and inserting #bjbf4 7d7 ,repeal ,section #ijjjh of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #acdh2 #dg ,u4,s4,c4 #iba note71 and the item relating to such section in the table of contents in section #a7;b7 of such ,act1 are repealed4 7e7 ,rule of construction ,nothing in this section1 or the repeal made by subsection 7d71 may be construed to alter or impede the activities authorized to be conducted using the payment required by section #ijjjh7;b77#a77;,a7 of the ,infrastructure ,investment and ,jobs ,act 7,public ,law #aag-eh2 #ace ,stat4 #acdh2 #dg ,u4,s4,c4 #iba note71 as such section was in effect on the day before the date of the enactment of this ,act1 if the ,assistant ,secretary determines that such activities are conducted in accordance with subsection 7b7 of this section4 ,,ii ,secure and ,trusted ,communications ,networks ,reimbursement ,program #bja4 ,increase in limitation on expenditure ,section #d7k7 of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjc7k77 is amended by striking #a1ijj1jjj1jjj and inserting #d1ihj1jjj1jjj4 ,,iii ,next ,generation #i-a-a #cja4 ,further deployment and coordination of ,next ,generation #i-a-a 7a7 ,in general ,part ,c of the ,national ,telecommunications and ,information ,administration ,organization ,act is amended by adding at the end the following3 #aei4 ,coordination of ,next ,generation #i-a-a implementation 7a7 ,duties of ,assistant ,secretary with respect to ,next ,generation #i-a-a 7#a7 ,in general ,the ,assistant ,secretary shall-- 7,a7 take actions1 in coordination with ,state point of contacts described under subsection 7c77#c77;,a77ii71 to improve coordination and communication with respect to the implementation of ,next ,generation #i-a-a2 7,b7 develop1 collect1 and disseminate information concerning the practices1 procedures1 and technology used in the implementation of ,next ,generation #i-a-a2 7,c7 advise and assist eligible entities in the preparation of implementation plans required under subsection 7c77#c77;,a77iii72 7,d7 provide technical assistance to eligible entities provided a grant under subsection 7c7 in support of efforts to explore efficiencies related to ,next ,generation #i-a-a2 7,e7 review and approve or disapprove applications for grants under subsection 7c72 and 7,f7 oversee the use of funds provided by such grants in fulfilling such implementation plans4 7#b7 ,annual reports ,not later than ,october #a1 #bjbc1 and each year thereafter until funds made available to make grants under subsection 7c7 are no longer available to be expended1 the ,assistant ,secretary shall submit to ,congress a report on the activities conducted by the ,assistant ,secretary under paragraph 7#a7 in the year preceding the submission of the report4 7b7 ,additional duties 7#a7 ,management plan 7,a7 ,development ,the ,assistant ,secretary shall develop a management plan for the grant program established under this section1 including by developing-- 7i7 plans related to the organizational structure of such program2 and 7ii7 funding profiles for each fiscal year of the duration of such program4 7,b7 ,submission to ,congress ,not later than #ahj days after the date of the enactment of this section1 the ,assistant ,secretary shall-- 7i7 submit the management plan developed under subparagraph 7,a7 to-- 7,i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7,,ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives2 and 7ii7 publish the management plan developed under subparagraph 7,a7 on the website of the ,national ,telecommunications and ,information ,administration4 7#b7 ,modification of plan 7,a7 ,modification ,the ,assistant ,secretary may modify the management plan developed under paragraph 7#a77;,a74 7,b7 ,submission ,not later than #ij days after the plan is modified under subparagraph 7,a71 the ,assistant ,secretary shall-- 7i7 submit the modified plan to-- 7,i7 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate2 and 7,,ii7 the ,committees on ,energy and ,commerce and ,appropriations of the ,house of ,representatives2 and 7ii7 publish the modified plan on the website of the ,national ,telecommunications and ,information ,administration4 7c7 ,next ,generation #i-a-a implementation grants 7#a7 ,grants ,the ,assistant ,secretary shall provide grants to eligible entities for-- 7,a7 implementing ,next ,generation #i-a-a2 7,b7 maintaining ,next ,generation #i-a-a2 7,c7 training directly related to implementing1 maintaining1 and operating ,next ,generation #i-a-a if the cost related to the training does not exceed #c percent of the total grant award2 7,d7 public outreach and education on how the public can best use ,next ,generation #i-a-a and the capabilities and usefulness of ,next ,generation #i-a-a2 7,e7 administrative costs associated with planning of ,next ,generation #i-a-a1 including any cost related to planning for and preparing an application and related materials as required by this subsection1 if-- 7i7 the cost is fully documented in materials submitted to the ,assistant ,secretary2 and 7ii7 the cost is reasonable1 necessary1 and does not exceed #a percent of the total grant award2 and 7,f7 costs associated with implementing cybersecurity measures at emergency communications centers or with respect to ,next ,generation #i-a-a4 7#b7 ,application ,in providing grants under paragraph 7#a71 the ,assistant ,secretary shall require an eligible entity to submit to the ,assistant ,secretary an application1 at the time and in the manner determined by the ,assistant ,secretary1 and containing the certification required by paragraph 7#c74 7#c7 ,coordination required ,each eligible entity shall include in the application required by paragraph 7#b7 a certification that-- 7,a7 in the case of an eligible entity that is a ,state1 the entity-- 7i7 has coordinated the application with the emergency communications centers located within the jurisdiction of the entity2 7ii7 has designated a single officer or governmental body to serve as the ,state point of contact to coordinate the implementation of ,next ,generation #i-a-a for that ,state1 except that such designation need not vest such officer or governmental body with direct legal authority to implement ,next ,generation #i-a-a or to manage emergency communications operations2 and 7iii7 has developed and submitted a plan for the coordination and implementation of ,next ,generation #i-a-a that-- 7,i7 ensures interoperability by requiring the use of commonly accepted standards2 7,,ii7 ensures reliability2 7,,iii7 enables emergency communications centers to process1 analyze1 and store multimedia1 data1 and other information2 7,,iv7 incorporates cybersecurity tools1 including intrusion detection and prevention measures2 7,v7 includes strategies for coordinating cybersecurity information sharing between ,federal1 ,state1 ,tribal1 and local government partners2 7,,vi7 uses open and competitive request for proposal processes1 including through shared government procurement vehicles1 for deployment of ,next ,generation #i-a-a2 7,,vii7 documents how input was received and accounted for from relevant rural and urban emergency communications centers1 regional authorities1 local authorities1 and ,tribal authorities2 7,,viii7 includes a governance body or bodies1 either by creation of new1 or use of existing1 body or bodies1 for the development and deployment of ,next ,generation #i-a-a that-- 7aa7 ensures full notice and opportunity for participation by relevant stakeholders2 and 7bb7 consults and coordinates with the ,state point of contact required by clause 7ii72 7,,ix7 creates efficiencies related to ,next ,generation #i-a-a functions1 including cybersecurity and the virtualization and sharing of infrastructure1 equipment1 and services2 and 7,x7 utilizes an effective1 competitive approach to establishing authentication1 credentialing1 secure connections1 and access in deploying ,next ,generation #i-a-a1 including by-- 7aa7 requiring certificate authorities to be capable of cross-certification with other authorities2 7bb7 avoiding risk of a single point of failure or vulnerability2 and 7cc7 adhering to ,federal agency best practices such as those promulgated by the ,national ,institute of ,standards and ,technology2 and 7,b7 in the case of an eligible entity that is a ,tribal ,organization1 the ,tribal ,organization has complied with clauses 7i7 and 7iii7 of subparagraph 7,a74 7#d7 ,criteria 7,a7 ,in general ,not later than #a year after the date of the enactment of this section1 the ,assistant ,secretary shall issue regulations1 after providing the public with notice and an opportunity to comment1 prescribing the criteria for selecting eligible entities for grants under this subsection4 7,b7 ,requirements ,the criteria shall-- 7i7 include performance requirements and a schedule for completion of any project to be financed by a grant under this subsection2 and 7ii7 specifically permit regional or multi-,state applications for funds4 7,c7 ,updates ,the ,assistant ,secretary shall update such regulations as necessary4 7#e7 ,grant certifications ,each eligible entity shall certify to the ,assistant ,secretary at the time of application for a grant under this subsection1 and each eligible entity that receives such a grant shall certify to the ,assistant ,secretary annually thereafter during any period of time the funds from the grant are available to the eligible entity1 that-- 7,a7 beginning on the date that is #ahj days before the date on which the application is filed1 no portion of any #i-a-a fee or charge imposed by the eligible entity 7or in the case that the eligible entity is not a ,state or ,tribal organization1 any ,state or taxing jurisdiction within which the eligible entity will carry out1 or is carrying out1 activities using grant funds7 are obligated or expended for a purpose or function not designated under the rules issued pursuant to section #f7;f77#c7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c77 7as such rules are in effect on the date on which the eligible entity makes the certification7 as acceptable2 7,b7 any funds received by the eligible entity will be used1 consistent with paragraph 7#a71 to support the deployment of ,next ,generation #i-a-a that ensures reliability and interoperability1 by requiring the use of commonly accepted standards2 7,c7 the eligible entity 7or in the case that the eligible entity is not a ,state or ,tribal organization1 any ,state or taxing jurisdiction within which the eligible entity will carry out or is carrying out activities using grant funds7 has established1 or has committed to establish not later than #c years following the date on which the grant funds are distributed to the eligible entity-- 7i7 a sustainable funding mechanism for ,next ,generation #i-a-a2 and 7ii7 effective cybersecurity resources for ,next ,generation #i-a-a2 7,d7 the eligible entity will promote interoperability between emergency communications centers deploying ,next ,generation #i-a-a and emergency response providers1 including users of the nationwide public safety broadband network2 7,e7 the eligible entity has or will take steps to coordinate with adjoining ,states and ,tribes to establish and maintain ,next ,generation #i-a-a2 and 7,f7 the eligible entity has developed a plan for public outreach and education on how the public can best use ,next ,generation #i-a-a and on the capabilities and usefulness of ,next ,generation #i-a-a4 7#f7 ,condition of grant ,each eligible entity shall agree1 as a condition of receipt of a grant under this subsection1 that if any ,state or taxing jurisdiction within which the eligible entity will carry out activities using grant funds fails to comply with a certification required under paragraph 7#e71 during any period of time during which the funds from the grant are available to the eligible entity1 all of the funds from such grant shall be returned to the ,assistant ,secretary4 7#g7 ,penalty for providing false information ,any eligible entity that provides a certification under paragraph 7#e7 knowing that the information provided in the certification was false shall-- 7,a7 not be eligible to receive the grant under this subsection2 7,b7 return any grant awarded under this subsection2 and 7,c7 not be eligible to receive any subsequent grants under this subsection4 7#h7 ,prohibition ,grant funds provided under this subsection may not be used-- 7,a7 to support any activity of the ,first ,responder ,network ,authority2 or 7,b7 to make any payments to a person who has been1 for reasons of national security1 prohibited by any entity of the ,federal ,government from bidding on a contract1 participating in an auction1 or receiving a grant4 7d7 ,definitions ,in this section and sections #afj and #afa3 7#a7 #i-a-a fee or charge ,the term #i-a-a fee or charge has the meaning given such term in section #f7;f77#c77;,d7 of the ,wireless ,communications and ,public ,safety ,act of #aiii 7#dg ,u4,s4,c4 #fae;a-#a7;f77#c77;,d774 7#b7 #i-a-a request for emergency assistance ,the term #i-a-a request for emergency assistance means a communication1 such as voice1 text1 picture1 multimedia1 or any other type of data that is sent to an emergency communications center for the purpose of requesting emergency assistance4 7#c7 ,commonly accepted standards ,the term commonly accepted standards means the technical standards followed by the communications industry for network1 device1 and ,internet ,protocol connectivity that-- 7,a7 enable interoperability2 and 7,b7 are-- 7i7 developed and approved by a standards development organization that is accredited by an ,american standards body 7such as the ,american ,national ,standards ,institute7 or an equivalent international standards body in a process-- 7,i7 that is open to the public1 including open for participation by any person2 and 7,,ii7 provides for a conflict resolution process2 7ii7 subject to an open comment and input process before being finalized by the standards development organization2 7iii7 consensus-based2 and 7iv7 made publicly available once approved4 7#d7 ,cost related to the training ,the term cost related to the training means-- 7,a7 actual wages incurred for travel and attendance1 including any necessary overtime pay and backfill wage2 7,b7 travel expenses2 7,c7 instructor expenses2 or 7,d7 facility costs and training materials4 7#e7 ,eligible entity ,the term eligible entity-- 7,a7 means-- 7i7 a ,state or a ,tribal organization 7as defined in section #d7l7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7l7772 or 7ii7 an entity1 including a public authority1 board1 or commission1 established by one or more entities described in clause 7i72 and 7,b7 does not include any entity that has failed to submit the certifications required under subsection 7c77#e74 7#f7 ,emergency communications center 7,a7 ,in general ,the term emergency communications center means-- 7i7 a facility that-- 7,i7 is designated to receive a #i-a-a request for emergency assistance2 and 7,,ii7 performs one or more of the functions described in subparagraph 7,b72 or 7ii7 a public safety answering point1 as defined in section #bbb of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bbb74 7,b7 ,functions described ,the functions described in this subparagraph are the following3 7i7 ,processing and analyzing #i-a-a requests for emergency assistance and information and data related to such requests4 7ii7 ,dispatching appropriate emergency response providers4 7iii7 ,transferring or exchanging #i-a-a requests for emergency assistance and information and data related to such requests with one or more other emergency communications centers and emergency response providers4 7iv7 ,analyzing any communications received from emergency response providers4 7v7 ,supporting incident command functions4 7#g7 ,emergency response provider ,the term emergency response provider has the meaning given that term under section #b of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #aja74 7#h7 ,first ,responder ,network ,authority ,the term ,first ,responder ,network ,authority means the authority established under #fbjd of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adbd74 7#i7 ,interoperability ,the term interoperability means the capability of emergency communications centers to receive #i-a-a requests for emergency assistance and information and data related to such requests1 such as location information and callback numbers from a person initiating the request1 then process and share the #i-a-a requests for emergency assistance and information and data related to such requests with other emergency communications centers and emergency response providers without the need for proprietary interfaces and regardless of jurisdiction1 equipment1 device1 software1 service provider1 or other relevant factors4 7#aj7 ,nationwide public safety broadband network ,the term nationwide public safety broadband network has the meaning given the term in section #fjja of the ,middle ,class ,tax ,relief and ,job ,creation ,act of #bjab 7#dg ,u4,s4,c4 #adja74 7#aa7 ,next ,generation #i-a-a ,the term ,next ,generation #i-a-a means an ,internet ,protocol-based system that-- 7,a7 ensures interoperability2 7,b7 is secure2 7,c7 employs commonly accepted standards2 7,d7 enables emergency communications centers to receive1 process1 and analyze all types of #i-a-a requests for emergency assistance2 7,e7 acquires and integrates additional information useful to handling #i-a-a requests for emergency assistance2 and 7,f7 supports sharing information related to #i-a-a requests for emergency assistance among emergency communications centers and emergency response providers4 7#ab7 ,reliability ,the term reliability means the employment of sufficient measures to ensure the ongoing operation of ,next ,generation #i-a-a including through the use of geo-diverse1 device- and network-agnostic elements that provide more than one route between end points with no common points where a single failure at that point would cause all to fail4 7#ac7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 the ,northern ,mariana ,islands1 and any other territory or possession of the ,united ,states4 7#ad7 ,sustainable funding mechanism ,the term sustainable funding mechanism means a funding mechanism that provides adequate revenues to cover ongoing expenses1 including operations1 maintenance1 and upgrades4 #afj4 ,establishment of nationwide ,next ,generation #i-a-a ,cybersecurity ,center ,the ,assistant ,secretary shall establish a ,next ,generation #i-a-a ,cybersecurity ,center to coordinate with ,state1 local1 and regional governments on the sharing of cybersecurity information about1 the analysis of cybersecurity threats to1 and guidelines for strategies to detect and prevent cybersecurity intrusions relating to ,next ,generation #i-a-a4 #afa4 ,next ,generation #i-a-a ,advisory ,board 7a7 ,next ,generation #i-a-a ,advisory ,board 7#a7 ,establishment ,the ,assistant ,secretary shall establish a ,public ,safety ,next ,generation #i-a-a ,advisory ,board 7in this section referred to as the ,board7 to provide recommendations to the ,assistant ,secretary-- 7,a7 with respect to carrying out the duties and responsibilities of the ,assistant ,secretary in issuing the regulations required under section #aei7;c72 7,b7 as required by paragraph 7#g72 and 7,c7 upon request under paragraph 7#h74 7#b7 ,membership 7,a7 ,voting members ,not later than #aej days after the date of the enactment of this section1 the ,assistant ,secretary shall appoint #af public safety members to the ,board1 of which-- 7i7 #d members shall represent local law enforcement officials2 7ii7 #d members shall represent fire and rescue officials2 7iii7 #d members shall represent emergency medical service officials2 and 7iv7 #d members shall represent #i-a-a professionals4 7,b7 ,diversity of membership ,members shall be representatives of ,state or ,tribes and local governments1 chosen to reflect geographic and population density differences as well as public safety organizations at the national level across the ,united ,states4 7,c7 ,expertise ,all members shall have specific expertise necessary for developing technical requirements under this section1 such as technical expertise1 and expertise related to public safety communications and #i-a-a services4 7,d7 ,rank and file members ,in making the appointments required by subparagraph 7,a71 the ,assistant ,secretary shall appoint a rank and file member from each of the public safety disciplines listed in clauses 7i7 through 7iv7 of subparagraph 7,a7 as a member of the ,board and shall select such member from an organization that represents its public safety discipline at the national level4 7#c7 ,period of appointment 7,a7 ,in general ,except as provided in subparagraph 7,b71 members of the ,board shall serve for a #c-year term4 7,b7 ,removal for cause ,a member of the ,board may be removed for cause upon the determination of the ,assistant ,secretary4 7#d7 ,vacancies ,any vacancy in the ,board shall be filled in the same manner as the original appointment4 7#e7 ,quorum ,a majority of the members of the ,board shall constitute a quorum4 7#f7 ,chairperson and vice chairperson ,the ,board shall select a ,chairperson and ,vice ,chairperson from among the voting members of the ,board4 7#g7 ,duty of ,board to submit recommendations ,not later than #abj days after all members of the ,board are appointed under paragraph 7#b71 the ,board shall submit to the ,assistant ,secretary recommendations for-- 7,a7 deploying ,next ,generation #i-a-a in rural and urban areas2 7,b7 ensuring flexibility in guidance1 rules1 and grant funding to allow for technology improvements2 7,c7 creating efficiencies related to ,next ,generation #i-a-a1 including cybersecurity and the virtualization and sharing of core infrastructure2 7,d7 enabling effective coordination among ,state1 local1 ,tribal1 and territorial government entities to ensure that the needs of emergency communications centers in both rural and urban areas are taken into account in each implementation plan required under section #aei7;c77#c77;,a77iii72 and 7,e7 incorporating existing cybersecurity resources to ,next ,generation #i-a-a procurement and deployment4 7#h7 ,authority to provide additional recommendations ,except as provided in paragraphs 7#a7 and 7#g71 the ,board may provide recommendations to the ,assistant ,secretary only upon request of the ,assistant ,secretary4 7#i7 ,duration of authority ,the ,board shall terminate on the date on which funds made available to make grants under section #aei7;c7 are no longer available to be expended4 7b7 ,rule of construction ,nothing in this section may be construed as limiting the authority of the ,assistant ,secretary to seek comment from stakeholders and the public4 4 7b7 ,preservation of certain definitions ,section #aeh7;d77#b7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;d77#b77 is amended by striking section each place it appears and inserting section 7except for subsection 7e774 ,,iv ,incumbent ,informing ,capability #dja4 ,incumbent informing capability ,part ,b of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #iba et seq47 is amended by adding at the end the following3 #abj4 ,incumbent informing capability 7a7 ,in general ,the ,assistant ,secretary shall-- 7#a7 not later than #abj days after the date of the enactment of this section1 begin to amend the ,department of ,commerce spectrum management document entitled ,manual of ,regulations and ,procedures for ,federal ,radio ,frequency ,management so as to incorporate an incumbent informing capability2 and 7#b7 not later than the date on which the total amount of funds required to be made available from the ,public ,safety and ,secure ,networks ,fund under section #fja7;c77#c7 of the ,spectrum ,innovation ,act of #bjbb is so made available1 begin to implement such capability1 including the development and testing of such capability4 7b7 ,establishment of the incumbent informing capability 7#a7 ,in general ,the incumbent informing capability required by subsection 7a7 shall include a system to enable sharing1 including time-based sharing and coordination1 to securely manage harmful interference between non-,federal users and incumbent ,federal entities sharing a band of covered spectrum and between ,federal entities sharing a band of covered spectrum4 7#b7 ,requirements ,the system required by paragraph 7#a7 shall contain1 at a minimum1 the following3 7,a7 ,one or more mechanisms to allow non-,federal use in covered spectrum1 as authorized by the rules of the ,commission4 ,such mechanism or mechanisms shall include interfaces to commercial sharing systems1 as appropriate4 7,b7 ,one or more mechanisms to facilitate ,federal-to-,federal sharing1 as authorized by the ,,ntia4 7,c7 ,one or more mechanisms to prevent1 eliminate1 or mitigate harmful interference to incumbent ,federal entities1 including one or more of the following functions3 7i7 ,sensing4 7ii7 ,identification4 7iii7 ,reporting4 7iv7 ,analysis4 7v7 ,resolution4 7,d7 ,dynamic coordination area analysis1 definition1 and control1 if appropriate for a band4 7#c7 ,compliance with ,commission rules ,the incumbent informing capability required by subsection 7a7 shall ensure that use of covered spectrum is in accordance with the applicable rules of the ,commission4 7#d7 ,input of information ,each incumbent ,federal entity sharing a band of covered spectrum shall-- 7,a7 input into the system required by paragraph 7#a7 such information as the ,assistant ,secretary may require1 including the frequency1 time1 and location of the use of the band by such ,federal entity2 and 7,b7 to the extent practicable1 input such information into such system on an automated basis4 7#e7 ,protection of classified information and controlled unclassified information ,the system required by paragraph 7#a7 shall contain appropriate measures to protect classified information and controlled unclassified information1 including any such classified information or controlled unclassified information that relates to military operations4 7c7 ,briefing ,not later than #a year after the date on which the total amount of funds required to be made available from the ,public ,safety and ,secure ,networks ,fund under section #fja7;c77#c7 of the ,spectrum ,innovation ,act of #bjbb is so made available1 the ,assistant ,secretary shall provide a briefing on the implementation of this section to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate4 7d7 ,definitions ,in this section3 7#a7 ,covered spectrum ,the term covered spectrum means-- 7,a7 electromagnetic spectrum for which usage rights are assigned to or authorized for 7including before the date on which the incumbent informing capability required by subsection 7a7 is implemented7 a non-,federal user or class of non-,federal users for use on a shared basis with an incumbent ,federal entity in accordance with the rules of the ,commission2 and 7,b7 electromagnetic spectrum allocated on a primary or co-primary basis for ,federal use that is shared among ,federal entities4 7#b7 ,federal entity ,the term ,federal entity has the meaning given such term in section #aac7l74 7#c7 ,incumbent informing capability ,the term incumbent informing capability means a capability to facilitate the sharing of covered spectrum4 7e7 ,rule of construction ,nothing in this section shall be construed to alter or expand the authority of the ,,ntia as described in section #aac7;j77#a74 4 ,v ,extension of ,,fcc ,auction ,authority #eja4 ,extension of ,,fcc auction authority 7a7 ,in general ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by striking ,september #cj1 #bjbb and inserting ,march #ca1 #bjbd4 7b7 ,deposit of proceeds 7#a7 ,in general ,notwithstanding subparagraphs 7,a71 7,c77i71 7,d71 and 7,g77iii7 of section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 and except as provided in subparagraph 7,b7 of such section1 the proceeds 7including deposits and upfront payments from successful bidders7 of any system of competitive bidding described in paragraph 7#b7 7in this paragraph referred to as the covered proceeds7 shall be deposited as follows3 7,a7 ,in the case of covered proceeds attributable to eligible frequencies described in subsection 7g77#b7 of section #aac of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibc71 such amount of such proceeds as is necessary to cover the relocation or sharing costs 7as defined in subsection 7g77#c7 of such section7 of ,federal entities 7as defined in subsection 7l7 of such section7 relocated from or sharing such eligible frequencies shall be deposited in the ,spectrum ,relocation ,fund established under section #aah of such ,act 7#dg ,u4,s4,c4 #ibh74 ,any remainder of such proceeds shall be deposited in the ,public ,safety and ,secure ,networks ,fund established by section #fja of this ,act4 7,b7 ,in the case of covered proceeds attributable to spectrum usage rights made available through an incentive auction under subparagraph 7,g7 of section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h771 such amount of such proceeds as the ,federal ,communications ,commission has agreed to share with licensees under such subparagraph shall be shared with such licensees4 ,any remainder of such proceeds shall be deposited in the ,public ,safety and ,secure ,networks ,fund established by section #fja of this ,act4 7,c7 ,any other covered proceeds shall be deposited in the ,public ,safety and ,secure ,networks ,fund established by section #fja of this ,act4 7#b7 ,system of competitive bidding described ,a system of competitive bidding described in this paragraph is any system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 that is concluded during the period beginning on ,july #a1 #bjbb1 and ending on ,march #ca1 #bjbd1 except for the system of competitive bidding required by section #aja7;b77#c77;,a7 of this ,act4 ,,vi ,public ,safety and ,secure ,networks ,fund #fja4 ,public ,safety and ,secure ,networks ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,public ,safety and ,secure ,networks ,fund 7in this section referred to as the ,fund74 7b7 ,accounting for ,federal budget baseline 7#a7 ,proceeds of auction of #bdif-bfij ,m,hz band ,in the case of the proceeds of any system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 with respect to the frequencies between #bdif megahertz and #bfij megahertz1 inclusive1 that are deposited in the ,fund as required by section #eja7;b7 of this ,act1 the first #a1hjj1jjj1jjj of such proceeds shall be deposited in the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 ,the remainder of such proceeds shall be available or deposited under subsection 7c74 7#b7 ,proceeds of required auction of #c4a-c4de ,g,hz band ,in the case of the proceeds of the system of competitive bidding required by subparagraph 7,a7 of section #aja7;b77#c7 that are deposited in the ,fund as required by subparagraph 7,d7 of such section1 the first #ag1cjj1jjj1jjj of such proceeds shall be deposited in the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 ,the remainder of such proceeds shall be available or deposited under subsection 7c74 7c7 ,use of funds ,except as provided in subsection 7b71 as amounts are deposited in the ,fund1 such amounts shall be available or deposited as follows3 7#a7 #c1jhj1jjj1jjj shall be available to the ,federal ,communications ,commission until expended to carry out the program established under section #d of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjc74 7#b7 ,after the amount required to be made available by paragraph 7#a7 is so made available1 #aj1jjj1jjj1jjj shall be available to the ,assistant ,secretary of ,commerce for ,communications and ,information until expended to carry out sections #aei1 #afj1 and #afa of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #cja7;a7 of this ,act1 except that not more than #d percent of the amount made available by this paragraph may be used for administrative purposes 7including carrying out such sections #afj and #afa74 7#c7 ,after the amount required to be made available by paragraph 7#b7 is so made available1 #aag1djj1jjj shall be available to the ,assistant ,secretary of ,commerce for ,communications and ,information until expended to carry out section #abj of the ,national ,telecommunications and ,information ,administration ,organization ,act1 as added by section #dja of this ,act4 7#d7 ,after the amount required to be made available by paragraph 7#c7 is so made available1 any remaining amounts deposited in the ,fund shall be deposited in the general fund of the ,treasury1 where such amounts shall be dedicated for the sole purpose of deficit reduction4 ,,vii ,determination of ,budgetary ,effects #gja4 ,determination of budgetary effects ,the budgetary effects of this ,act1 for the purpose of complying with the ,statutory ,pay-,as-,you-,go ,act of #bjaj1 shall be determined by reference to the latest statement titled ,budgetary ,effects of ,,paygo ,legislation for this ,act1 submitted for printing in the ,congressional ,record by the ,chairman of the ,house ,budget ,committee1 provided that such statement has been submitted prior to the vote on passage4 ,passed the ,house of ,representatives ,july #bg1 #bjbb4;,clerk4