PUBLIC LAW 112–96—FEB. 22, 2012 

MIDDLE CLASS TAX RELIEF AND JOB 

CREATION ACT OF 2012 


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126 STAT. 156 PUBLIC LAW 112–96—FEB. 22, 2012 

Public Law 112–96 

112th Congress 

An Act 

To provide incentives for the creation of jobs, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Middle Class 

Tax Relief and Job Creation Act of 2012’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act 

is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—EXTENSION OF PAYROLL TAX REDUCTION 

Sec. 1001. Extension of payroll tax reduction. 

TITLE II—UNEMPLOYMENT BENEFIT CONTINUATION AND PROGRAM 

IMPROVEMENT 

Sec. 2001. Short title. 

Subtitle A—Reforms of Unemployment Compensation to Promote Work and Job 

Creation 

Sec. 2101. Consistent job search requirements. 

Sec. 2102. State flexibility to promote the reemployment of unemployed workers. 

Sec. 2103. Improving program integrity by better recovery of overpayments. 

Sec. 2104. Data exchange standardization for improved interoperability. 

Sec. 2105. Drug testing of applicants. 

Subtitle B—Provisions Relating To Extended Benefits 

Sec. 2121. Short title. 

Sec. 2122. Extension and modification of emergency unemployment compensation 

program. 

Sec. 2123. Temporary extension of extended benefit provisions. 

Sec. 2124. Additional extended unemployment benefits under the Railroad Unemployment Insurance Act. 

Subtitle C—Improving Reemployment Strategies Under the Emergency 

Unemployment Compensation Program 

Sec. 2141. Improved work search for the long-term unemployed. 

Sec. 2142. Reemployment services and reemployment and eligibility assessment activities. 

Sec. 2143. Promoting program integrity through better recovery of overpayments. 

Sec. 2144. Restore State flexibility to improve unemployment program solvency. 

Subtitle D—Short-Time Compensation Program 

Sec. 2160. Short title. 

Sec. 2161. Treatment of short-time compensation programs. 

Sec. 2162. Temporary financing of short-time compensation payments in States 

with programs in law. 

Sec. 2163. Temporary financing of short-time compensation agreements. 

Sec. 2164. Grants for short-time compensation programs. 

Sec. 2165. Assistance and guidance in implementing programs. 

Middle Class Tax 

Relief and Job 

Creation Act 

of 2012. 

26 USC 1 note. 

Feb. 22, 2012 

[H.R. 3630] 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 157 

Sec. 2166. Reports. 

Subtitle E—Self-Employment Assistance 

Sec. 2181. State administration of self-employment assistance programs. 

Sec. 2182. Grants for self-employment assistance programs. 

Sec. 2183. Assistance and guidance in implementing self-employment assistance 

programs. 

Sec. 2184. Definitions. 

TITLE III—MEDICARE AND OTHER HEALTH PROVISIONS 

Subtitle A—Medicare Extensions 

Sec. 3001. Extension of MMA section 508 reclassifications. 

Sec. 3002. Extension of outpatient hold harmless payments. 

Sec. 3003. Physician payment update. 

Sec. 3004. Work geographic adjustment. 

Sec. 3005. Payment for outpatient therapy services. 

Sec. 3006. Payment for technical component of certain physician pathology services. 

Sec. 3007. Ambulance add-on payments. 

Subtitle B—Other Health Provisions 

Sec. 3101. Qualifying individual program. 

Sec. 3102. Transitional medical assistance. 

Subtitle C—Health Offsets 

Sec. 3201. Reduction of bad debt treated as an allowable cost. 

Sec. 3202. Rebase Medicare clinical laboratory payment rates. 

Sec. 3203. Rebasing State DSH allotments for fiscal year 2021. 

Sec. 3204. Technical correction to the disaster recovery FMAP provision. 

Sec. 3205. Prevention and Public Health Fund. 

TITLE IV—TANF EXTENSION 

Sec. 4001. Short title. 

Sec. 4002. Extension of program. 

Sec. 4003. Data exchange standardization for improved interoperability. 

Sec. 4004. Spending policies for assistance under State TANF programs. 

Sec. 4005. Technical corrections. 

TITLE V—FEDERAL EMPLOYEES RETIREMENT 

Sec. 5001. Increase in contributions to Federal Employees’ Retirement System for 

new employees. 

Sec. 5002. Foreign Service Pension System. 

Sec. 5003. Central Intelligence Agency Retirement and Disability System. 

TITLE VI—PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC 

SPECTRUM AUCTIONS 

Sec. 6001. Definitions. 

Sec. 6002. Rule of construction. 

Sec. 6003. Enforcement. 

Sec. 6004. National security restrictions on use of funds and auction participation. 

Subtitle A—Reallocation of Public Safety Spectrum 

Sec. 6101. Reallocation of D block to public safety. 

Sec. 6102. Flexible use of narrowband spectrum. 

Sec. 6103. 470–512 MHz public safety spectrum. 

Subtitle B—Governance of Public Safety Spectrum 

Sec. 6201. Single public safety wireless network licensee. 

Sec. 6202. Public safety broadband network. 

Sec. 6203. Public Safety Interoperability Board. 

Sec. 6204. Establishment of the First Responder Network Authority. 

Sec. 6205. Advisory committees of the First Responder Network Authority. 

Sec. 6206. Powers, duties, and responsibilities of the First Responder Network Authority. 

Sec. 6207. Initial funding for the First Responder Network Authority. 

Sec. 6208. Permanent self-funding; duty to assess and collect fees for network use. 

Sec. 6209. Audit and report. 

Sec. 6210. Annual report to Congress. 

Sec. 6211. Public safety roaming and priority access. 


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126 STAT. 158 PUBLIC LAW 112–96—FEB. 22, 2012 

Sec. 6212. Prohibition on direct offering of commercial telecommunications service 

directly to consumers. Sec. 6213. Provision of technical assistance. 

Subtitle C—Public Safety Commitments 

Sec. 6301. State and Local Implementation Fund. 

Sec. 6302. State and local implementation. 

Sec. 6303. Public safety wireless communications research and development. 

Subtitle D—Spectrum Auction Authority 

Sec. 6401. Deadlines for auction of certain spectrum. 

Sec. 6402. General authority for incentive auctions. 

Sec. 6403. Special requirements for incentive auction of broadcast TV spectrum. 

Sec. 6404. Certain conditions on auction participation prohibited. 

Sec. 6405. Extension of auction authority. 

Sec. 6406. Unlicensed use in the 5 GHz band. 

Sec. 6407. Guard bands and unlicensed use. 

Sec. 6408. Study on receiver performance and spectrum efficiency. 

Sec. 6409. Wireless facilities deployment. 

Sec. 6410. Functional responsibility of NTIA to ensure efficient use of spectrum. 

Sec. 6411. System certification. 

Sec. 6412. Deployment of 11 GHz, 18 GHz, and 23 GHz microwave bands. 

Sec. 6413. Public Safety Trust Fund. 

Sec. 6414. Study on emergency communications by amateur radio and impediments 

to amateur radio communications. 

Subtitle E—Next Generation 9–1–1 Advancement Act of 2012 

Sec. 6501. Short title. 

Sec. 6502. Definitions. 

Sec. 6503. Coordination of 9–1–1 implementation. 

Sec. 6504. Requirements for multi-line telephone systems. 

Sec. 6505. GAO study of State and local use of 9–1–1 service charges. 

Sec. 6506. Parity of protection for provision or use of Next Generation 9–1–1 services. 

Sec. 6507. Commission proceeding on autodialing. 

Sec. 6508. Report on costs for requirements and specifications of Next Generation 

9–1–1 services. 

Sec. 6509. Commission recommendations for legal and statutory framework for 

Next Generation 9–1–1 services. 

Subtitle F—Telecommunications Development Fund 

Sec. 6601. No additional Federal funds. 

Sec. 6602. Independence of the Fund. 

Subtitle G—Federal Spectrum Relocation 

Sec. 6701. Relocation of and spectrum sharing by Federal Government stations. 

Sec. 6702. Spectrum Relocation Fund. 

Sec. 6703. National security and other sensitive information. 

TITLE VII—MISCELLANEOUS PROVISIONS 

Sec. 7001. Repeal of certain shifts in the timing of corporate estimated tax payments. 

Sec. 7002. Repeal of requirement relating to time for remitting certain merchandise 

processing fees. 

Sec. 7003. Treatment for PAYGO purposes. 

TITLE I—EXTENSION OF PAYROLL TAX 

REDUCTION 

SEC. 1001. EXTENSION OF PAYROLL TAX REDUCTION. 

(a) IN GENERAL.—Subsection (c) of section 601 of the Tax Relief, 

Unemployment Insurance Reauthorization, and Job Creation Act 

of 2010 (26 U.S.C. 1401 note) is amended to read as follows: 

‘‘(c) PAYROLL TAX HOLIDAY PERIOD.—The term ‘payroll tax holiday period’ means calendar years 2011 and 2012.’’. 

(b) CONFORMING AMENDMENTS.—Section 601 of such Act (26 

U.S.C. 1401 note) is amended by striking subsections (f) and (g). 

Definition. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 159 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to remuneration received, and taxable years beginning, 

after December 31, 2011. 

TITLE II—UNEMPLOYMENT BENEFIT 

CONTINUATION AND PROGRAM IMPROVEMENT 

SEC. 2001. SHORT TITLE. 

This title may be cited as the ‘‘Extended Benefits, Reemployment, and Program Integrity Improvement Act’’. 

Subtitle A—Reforms of Unemployment 

Compensation to Promote Work and Job 

Creation 

SEC. 2101. CONSISTENT JOB SEARCH REQUIREMENTS. 

(a) IN GENERAL.—Section 303(a) of the Social Security Act 

is amended by adding at the end the following: 

‘‘(12) A requirement that, as a condition of eligibility for 

regular compensation for any week, a claimant must be able 

to work, available to work, and actively seeking work.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply to weeks beginning after the end of the first session 

of the State legislature which begins after the date of enactment 

of this Act. 

SEC. 2102. STATE FLEXIBILITY TO PROMOTE THE REEMPLOYMENT 

OF UNEMPLOYED WORKERS. 

Title III of the Social Security Act (42 U.S.C. 501 and following) 

is amended by adding at the end the following: 

‘‘DEMONSTRATION PROJECTS

‘‘SEC. 305. (a) The Secretary of Labor may enter into agreements, with up to 10 States that submit an application described 

in subsection (b), for the purpose of allowing such States to conduct 

demonstration projects to test and evaluate measures designed— 

‘‘(1) to expedite the reemployment of individuals who have 

established a benefit year and are otherwise eligible to claim 

unemployment compensation under the State law of such State; 

or 

‘‘(2) to improve the effectiveness of a State in carrying 

out its State law with respect to reemployment. 

‘‘(b) The Governor of any State desiring to conduct a demonstration project under this section shall submit an application to the 

Secretary of Labor. Any such application shall include— 

‘‘(1) a general description of the proposed demonstration 

project, including the authority (under the laws of the State) 

for the measures to be tested, as well as the period of time 

during which such demonstration project would be conducted; 

‘‘(2) if a waiver under subsection (c) is requested, a statement describing the specific aspects of the project to which 

42 USC 505. 

42 USC 503 note. 

42 USC 503. 

Extended 

Benefits, 

Reemployment, 

and Program 

Integrity 

Improvement 

Act. 

State and local 

governments. 

26 USC 1 note. 

26 USC 1401 

note. 


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126 STAT. 160 PUBLIC LAW 112–96—FEB. 22, 2012 

the waiver would apply and the reasons why such waiver 

is needed; 

‘‘(3) a description of the goals and the expected programmatic outcomes of the demonstration project, including 

how the project would contribute to the objective described 

in subsection (a)(1), subsection (a)(2), or both; 

‘‘(4) assurances (accompanied by supporting analysis) that 

the demonstration project would operate for a period of at 

least 1 calendar year and not result in any increased net 

costs to the State’s account in the Unemployment Trust Fund; 

‘‘(5) a description of the manner in which the State— 

‘‘(A) will conduct an impact evaluation, using a methodology appropriate to determine the effects of the demonstration project, including on individual skill levels, earnings, 

and employment retention; and 

‘‘(B) will determine the extent to which the goals and 

outcomes described in paragraph (3) were achieved; 

‘‘(6) assurances that the State will provide any reports 

relating to the demonstration project, after its approval, as 

the Secretary of Labor may require; and 

‘‘(7) assurances that employment meets the State’s suitable 

work requirement and the requirements of section 3304(a)(5) 

of the Internal Revenue Code of 1986. 

‘‘(c) The Secretary of Labor may waive any of the requirements 

of section 3304(a)(4) of the Internal Revenue Code of 1986 or of 

paragraph (1) or (5) of section 303(a), to the extent and for the 

period the Secretary of Labor considers necessary to enable the 

State to carry out a demonstration project under this section. 

‘‘(d) A demonstration project under this section— 

‘‘(1) may be commenced any time after the date of enactment of this section; 

‘‘(2) may not be approved for a period of time greater 

than 3 years; and 

‘‘(3) must be completed by not later than December 31, 

2015. 

‘‘(e) Activities that may be pursued under a demonstration 

project under this section are limited to— 

‘‘(1) subsidies for employer-provided training, such as wage 

subsidies; and 

‘‘(2) direct disbursements to employers who hire individuals 

receiving unemployment compensation, not to exceed the 

weekly benefit amount for each such individual, to pay part 

of the cost of wages that exceed the unemployed individual’s 

prior benefit level. 

‘‘(f) The Secretary of Labor shall, in the case of any State 

for which an application is submitted under subsection (b)— 

‘‘(1) notify the State as to whether such application has 

been approved or denied within 30 days after receipt of a 

complete application; and 

‘‘(2) provide public notice of the decision within 10 days 

after providing notification to the State in accordance with 

paragraph (1). 

Public notice under paragraph (2) may be provided through the 

Internet or other appropriate means. Any application under this 

section that has not been denied within the 30-day period described 

in paragraph (1) shall be deemed approved, and public notice of 

Notice. 

Notification. 

Time periods. 

Deadline. 

Time period. 

Waiver authority. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 161 

any approval under this sentence shall be provided within 10 days 

thereafter. 

‘‘(g) The Secretary of Labor may terminate a demonstration 

project under this section if the Secretary determines that the 

State has violated the substantive terms or conditions of the project. 

‘‘(h) Funding certified under section 302(a) may be used for 

an approved demonstration project.’’. 

SEC. 2103. IMPROVING PROGRAM INTEGRITY BY BETTER RECOVERY 

OF OVERPAYMENTS. 

(a) USE OF UNEMPLOYMENT COMPENSATION TO REPAY OVERPAYMENTS.—Section 3304(a)(4)(D) of the Internal Revenue Code of 1986 

and section 303(g)(1) of the Social Security Act are each amended 

by striking ‘‘may’’ and inserting ‘‘shall’’. 

(b) USE OF UNEMPLOYMENT COMPENSATION TO REPAY FEDERAL

ADDITIONAL COMPENSATION OVERPAYMENTS.—Section 303(g)(3) of 

the Social Security Act is amended by inserting ‘‘Federal additional 

compensation,’’ after ‘‘trade adjustment allowances,’’. 

(c) EFFECTIVE DATE.—The amendments made by this section 

shall apply to weeks beginning after the end of the first session 

of the State legislature which begins after the date of enactment 

of this Act. 

SEC. 2104. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY. 

(a) IN GENERAL.—Title IX of the Social Security Act is amended 

by adding at the end the following: 

‘‘DATA EXCHANGE STANDARDIZATION FOR IMPROVED

INTEROPERABILITY

‘‘Data Exchange Standards 

‘‘SEC. 911. (a)(1) The Secretary of Labor, in consultation with 

an interagency work group which shall be established by the Office 

of Management and Budget, and considering State and employer 

perspectives, shall, by rule, designate a data exchange standard 

for any category of information required under title III, title XII, 

or this title. 

‘‘(2) Data exchange standards designated under paragraph (1) 

shall, to the extent practicable, be nonproprietary and interoperable. 

‘‘(3) In designating data exchange standards under this subsection, the Secretary of Labor shall, to the extent practicable, 

incorporate— 

‘‘(A) interoperable standards developed and maintained by 

an international voluntary consensus standards body, as 

defined by the Office of Management and Budget, such as 

the International Organization for Standardization; 

‘‘(B) interoperable standards developed and maintained by 

intergovernmental partnerships, such as the National Information Exchange Model; and 

‘‘(C) interoperable standards developed and maintained by 

Federal entities with authority over contracting and financial 

assistance, such as the Federal Acquisition Regulations Council. 

Establishment. 

Regulations. 

42 USC 1111. 

26 USC 3304 

note. 

26 USC 3304; 

42 USC 503. 

Determination. 


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126 STAT. 162 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘Data Exchange Standards for Reporting 

‘‘(b)(1) The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and 

Budget, and considering State and employer perspectives, shall, 

by rule, designate data exchange standards to govern the reporting 

required under title III, title XII, or this title. 

‘‘(2) The data exchange standards required by paragraph (1) 

shall, to the extent practicable— 

‘‘(A) incorporate a widely accepted, nonproprietary, searchable, computer-readable format; 

‘‘(B) be consistent with and implement applicable 

accounting principles; and 

‘‘(C) be capable of being continually upgraded as necessary. 

‘‘(3) In designating reporting standards under this subsection, 

the Secretary of Labor shall, to the extent practicable, incorporate 

existing nonproprietary standards, such as the eXtensible Markup 

Language.’’. 

(b) EFFECTIVE DATES.— 

(1) DATA EXCHANGE STANDARDS.—The Secretary of Labor 

shall issue a proposed rule under section 911(a)(1) of the Social 

Security Act (as added by subsection (a)) within 12 months 

after the date of the enactment of this section, and shall issue 

a final rule under such section 911(a)(1), after public comment, 

within 24 months after such date of enactment. 

(2) DATA REPORTING STANDARDS.—The reporting standards 

required under section 911(b)(1) of such Act (as so added) 

shall become effective with respect to reports required in the 

first reporting period, after the effective date of the final rule 

referred to in paragraph (1) of this subsection, for which the 

authority for data collection and reporting is established or 

renewed under the Paperwork Reduction Act. 

SEC. 2105. DRUG TESTING OF APPLICANTS. 

Section 303 of the Social Security Act is amended by adding 

at the end the following: 

‘‘(l)(1) Nothing in this Act or any other provision of Federal 

law shall be considered to prevent a State from enacting legislation 

to provide for— 

‘‘(A) testing an applicant for unemployment compensation 

for the unlawful use of controlled substances as a condition 

for receiving such compensation, if such applicant— 

‘‘(i) was terminated from employment with the 

applicant’s most recent employer (as defined under the 

State law) because of the unlawful use of controlled substances; or 

‘‘(ii) is an individual for whom suitable work (as defined 

under the State law) is only available in an occupation 

that regularly conducts drug testing (as determined under 

regulations issued by the Secretary of Labor); or 

‘‘(B) denying such compensation to such applicant on the 

basis of the result of the testing conducted by the State under 

legislation described in subparagraph (A). 

‘‘(2) For purposes of this subsection— 

‘‘(A) the term ‘unemployment compensation’ has the 

meaning given such term in subsection (d)(2)(A); and 

Definitions. 

Regulations. 

42 USC 305. 

42 USC 1111 

note. 

Time periods. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 163 

‘‘(B) the term ‘controlled substance’ has the meaning given 

such term in section 102 of the Controlled Substances Act 

(21 U.S.C. 802).’’. 

Subtitle B—Provisions Relating To 

Extended Benefits 

SEC. 2121. SHORT TITLE. 

This subtitle may be cited as the ‘‘Unemployment Benefits 

Extension Act of 2012’’. 

SEC. 2122. EXTENSION AND MODIFICATION OF EMERGENCY 

UNEMPLOYMENT COMPENSATION PROGRAM. 

(a) EXTENSION.—Section 4007 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) is 

amended— 

(1) in subsection (a)— 

(A) by striking ‘‘Except as provided in subsection (b), 

an’’ and inserting ‘‘An’’; and 

(B) by striking ‘‘March 6, 2012’’ and inserting ‘‘January 

2, 2013’’; and 

(2) by striking subsection (b) and inserting the following: 

‘‘(b) TERMINATION.—No compensation under this title shall be 

payable for any week subsequent to the last week described in 

subsection (a).’’. 

(b) MODIFICATIONS RELATING TO TRIGGERS.— 

(1) FOR SECOND-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.—Section 4002(c) of such Act is amended— 

(A) in the subsection heading, by striking ‘‘SPECIAL

RULE’’ and inserting ‘‘SECOND-TIER EMERGENCY UNEMPLOYMENT COMPENSATION’’; 

(B) in paragraph (1), by striking ‘‘At’’ and all that 

follows through ‘‘augmented by an amount’’ and inserting 

‘‘If, at the time that the amount established in an individual’s account under subsection (b) is exhausted or at any 

time thereafter, such individual’s State is in an extended 

benefit period (as determined under paragraph (2)), such 

account shall be augmented by an amount (hereinafter 

‘second-tier emergency unemployment compensation’)’’; 

(C) by redesignating paragraph (2) as paragraph (4); 

and 

(D) by inserting after paragraph (1) the following: 

‘‘(2) EXTENDED BENEFIT PERIOD.—For purposes of paragraph (1), a State shall be considered to be in an extended 

benefit period, as of any given time, if such a period would 

then be in effect for such State under such Act if— 

‘‘(A) section 203(f) of the Federal-State Extended 

Unemployment Compensation Act of 1970 were applied 

to such State (regardless of whether the State by law 

had provided for such application); and 

‘‘(B) such section 203(f)— 

‘‘(i) were applied by substituting the applicable 

percentage under paragraph (3) for ‘6.5 percent’ in 

paragraph (1)(A)(i) thereof; and 

‘‘(ii) did not include the requirement under paragraph (1)(A)(ii) thereof. 

Applicability. 

26 USC 3304 

note. 

26 USC 1 note. 

Unemployment 

Benefits 

Extension Act 

of 2012. 


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126 STAT. 164 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(3) APPLICABLE PERCENTAGE.—The applicable percentage 

under this paragraph is, for purposes of determining if a State 

is in an extended benefit period as of a date occurring in 

a week ending— 

‘‘(A) before June 1, 2012, 0 percent; and 

‘‘(B) after the last week under subparagraph (A), 6 

percent.’’. 

(2) FOR THIRD-TIER EMERGENCY UNEMPLOYMENT COMPENSA- TION.—Section 4002(d) of such Act is amended— 

(A) in paragraph (2)(A), by striking ‘‘under such Act’’ 

and inserting ‘‘under the Federal-State Extended 

Unemployment Compensation Act of 1970’’; 

(B) in paragraph (2)(B)(ii)(I), by striking the matter 

after ‘‘substituting’’ and before ‘‘in paragraph (1)(A)(i) 

thereof’’ and inserting ‘‘the applicable percentage under 

paragraph (3) for ‘6.5 percent’ ’’; 

(C) by redesignating paragraph (3) as paragraph (4); 

and 

(D) by inserting after paragraph (2) the following: 

‘‘(3) APPLICABLE PERCENTAGE.—The applicable percentage 

under this paragraph is, for purposes of determining if a State 

is in an extended benefit period as of a date occurring in 

a week ending— 

‘‘(A) before June 1, 2012, 6 percent; and 

‘‘(B) after the last week under subparagraph (A), 7 

percent.’’. 

(3) FOR FOURTH-TIER EMERGENCY UNEMPLOYMENT COMPENSATION.—Section 4002(e) of such Act is amended— 

(A) in paragraph (2)(A), by striking ‘‘under such Act’’ 

and inserting ‘‘under the Federal-State Extended 

Unemployment Compensation Act of 1970’’; 

(B) in paragraph (2)(B)(ii)(I), by striking the matter 

after ‘‘substituting’’ and before ‘‘in paragraph (1)(A)(i) 

thereof’’ and inserting ‘‘the applicable percentage under 

paragraph (3) for ‘6.5 percent’ ’’; 

(C) by redesignating paragraph (3) as paragraph (4); 

and 

(D) by inserting after paragraph (2) the following: 

‘‘(3) APPLICABLE PERCENTAGE.—The applicable percentage 

under this paragraph is, for purposes of determining if a State 

is in an extended benefit period as of a date occurring in 

a week ending— 

‘‘(A) before June 1, 2012, 8.5 percent; and 

‘‘(B) after the last week under subparagraph (A), 9 

percent.’’. 

(c) MODIFICATIONS RELATING TO WEEKS OF EMERGENCY

UNEMPLOYMENT COMPENSATION.— 

(1) NUMBER OF WEEKS IN FIRST TIER BEGINNING AFTER

SEPTEMBER 2, 2012.—Section 4002(b) of such Act is amended— 

(A) by redesignating paragraph (2) as paragraph (3); 

and 

(B) by inserting after paragraph (1) the following: 

‘‘(2) SPECIAL RULE RELATING TO AMOUNTS ESTABLISHED IN

AN ACCOUNT AS OF A WEEK ENDING AFTER SEPTEMBER 2, 2012.— 

Notwithstanding any provision of paragraph (1), in the case 

of any account established as of a week ending after September 

2, 2012— 

Applicability. 

26 USC 3304 

note. 


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‘‘(A) paragraph (1)(A) shall be applied by substituting 

‘54 percent’ for ‘80 percent’; and 

‘‘(B) paragraph (1)(B) shall be applied by substituting 

‘14 weeks’ for ‘20 weeks’.’’. 

(2) NUMBER OF WEEKS IN THIRD TIER BEGINNING AFTER

SEPTEMBER 2, 2012.—Section 4002(d) of such Act is amended 

by adding after paragraph (4) (as so redesignated by subsection 

(b)(2)(C)) the following: 

‘‘(5) SPECIAL RULE RELATING TO AMOUNTS ADDED TO AN

ACCOUNT AS OF A WEEK ENDING AFTER SEPTEMBER 2, 2012.— Notwithstanding any provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after 

September 2, 2012— 

‘‘(A) paragraph (1)(A) shall be applied by substituting 

‘35 percent’ for ‘50 percent’; and 

‘‘(B) paragraph (1)(B) shall be applied by substituting 

‘9 times’ for ‘13 times’.’’. 

(3) NUMBER OF WEEKS IN FOURTH TIER.—Section 4002(e) 

of such Act is amended by adding after paragraph (4) (as 

so redesignated by subsection (b)(3)(C)) the following: 

‘‘(5) SPECIAL RULES RELATING TO AMOUNTS ADDED TO AN

ACCOUNT.— 

‘‘(A) MARCH TO MAY OF 2012.— 

‘‘(i) SPECIAL RULE.—Notwithstanding any provision 

of paragraph (1) but subject to the following 2 sentences, if augmentation under this subsection occurs 

as of a week ending after the date of enactment of 

this paragraph and before June 1, 2012 (or if, as of 

such date of enactment, any fourth-tier amounts 

remain in the individual’s account)— 

‘‘(I) paragraph (1)(A) shall be applied by substituting ‘62 percent’ for ‘24 percent’; and 

‘‘(II) paragraph (1)(B) shall be applied by substituting ‘16 times’ for ‘6 times’. 

The preceding sentence shall apply only if, at the time 

that the account would be augmented under this 

subparagraph, such individual’s State is not in an 

extended benefit period as determined under the Federal-State Extended Unemployment Compensation Act 

of 1970. In no event shall the total amount added 

to the account of an individual under this subparagraph cause, in the case of an individual described 

in the parenthetical matter in the first sentence of 

this clause, the sum of the total amount previously 

added to such individual’s account under this subsection (as in effect before the date of enactment of 

this paragraph) and any further amounts added as 

a result of the enactment of this clause, to exceed 

the total amount allowable under subclause (I) or (II), 

as the case may be. 

‘‘(ii) LIMITATION.—Notwithstanding any other 

provision of this title, the amounts added to the account 

of an individual under this subparagraph may not 

cause the sum of the amounts previously established 

in or added to such account, plus any weeks of extended 

benefits provided to such individual under the FederalState Extended Unemployment Compensation Act of 

Applicability. 

Applicability. 


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126 STAT. 166 PUBLIC LAW 112–96—FEB. 22, 2012 

1970 (based on the same exhaustion of regular compensation under section 4001(b)(1)), to in the aggregate 

exceed the lesser of— 

‘‘(I) 282 percent of the total amount of regular 

compensation (including dependents’ allowances) 

payable to the individual during the individual’s 

benefit year under the State law; or 

‘‘(II) 73 times the individual’s average weekly 

benefit amount (as determined under subsection 

(b)(3)) for the benefit year. 

‘‘(B) AFTER AUGUST OF 2012.—Notwithstanding any 

provision of paragraph (1), if augmentation under this subsection occurs as of a week ending after September 2, 

2012— 

‘‘(i) paragraph (1)(A) shall be applied by substituting ‘39 percent’ for ‘24 percent’; and 

‘‘(ii) paragraph (1)(B) shall be applied by substituting ‘10 times’ for ‘6 times’.’’. 

(d) ORDER OF PAYMENTS REQUIREMENT.— 

(1) IN GENERAL.—Section 4001(e) of such Act is amended 

to read as follows: 

‘‘(e) COORDINATION RULE.—An agreement under this section 

shall apply with respect to a State only upon a determination 

by the Secretary that, under the State law or other applicable 

rules of such State, the payment of extended compensation for 

which an individual is otherwise eligible must be deferred until 

after the payment of any emergency unemployment compensation 

under section 4002, as amended by the Unemployment Benefits 

Extension Act of 2012, for which the individual is concurrently 

eligible.’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.—Section 

4001(b)(2) of such Act is amended— 

(A) by striking ‘‘or extended compensation’’; and 

(B) by striking ‘‘law (except as provided under subsection (e));’’ and inserting ‘‘law;’’. 

(e) FUNDING.—Section 4004(e)(1) of such Act is amended— 

(1) in subparagraph (G), by striking ‘‘and’’ at the end; 

and 

(2) by inserting after subparagraph (H) the following: 

‘‘(I) the amendments made by section 2122 of the 

Unemployment Benefits Extension Act of 2012; and’’. 

(f) EFFECTIVE DATES.— 

(1) IN GENERAL.—The amendments made by subsections 

(b), (c), and (d) shall take effect as of February 28, 2012, 

and shall apply with respect to weeks of unemployment beginning after that date. 

(2) WEEK DEFINED.—For purposes of this subsection, the 

term ‘‘week’’ has the meaning given such term under section 

4006 of the Supplemental Appropriations Act, 2008. 

SEC. 2123. TEMPORARY EXTENSION OF EXTENDED BENEFIT PROVISIONS. 

(a) IN GENERAL.—Section 2005 of the Assistance for 

Unemployed Workers and Struggling Families Act, as contained 

in Public Law 111–5 (26 U.S.C. 3304 note), is amended— 

(1) by striking ‘‘March 7, 2012’’ each place it appears and 

inserting ‘‘December 31, 2012’’; and 

26 USC 3304 

note. 

26 USC 3304 

note. 

Applicability. 

Determination. 

26 USC 3304 

note. 

Applicability. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 167 

(2) in subsection (c), by striking ‘‘August 15, 2012’’ and 

inserting ‘‘June 30, 2013’’. 

(b) EXTENSION OF MATCHING FOR STATES WITH NO WAITING

WEEK.—Section 5 of the Unemployment Compensation Extension 

Act of 2008 (Public Law 110–449; 26 U.S.C. 3304 note) is amended 

by striking ‘‘August 15, 2012’’ and inserting ‘‘June 30, 2013’’. 

(c) EXTENSION OF MODIFICATION OF INDICATORS UNDER THE

EXTENDED BENEFIT PROGRAM.—Section 203 of the Federal-State 

Extended Unemployment Compensation Act of 1970 (26 U.S.C. 

3304 note) is amended— 

(1) in subsection (d), by striking ‘‘February 29, 2012’’ and 

inserting ‘‘December 31, 2012’’; and 

(2) in subsection (f)(2), by striking ‘‘February 29, 2012’’ 

and inserting ‘‘December 31, 2012’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect as if included in the enactment of the Temporary 

Payroll Tax Cut Continuation Act of 2011 (Public Law 112–78). 

SEC. 2124. ADDITIONAL EXTENDED UNEMPLOYMENT BENEFITS UNDER 

THE RAILROAD UNEMPLOYMENT INSURANCE ACT. 

(a) EXTENSION.—Section 2(c)(2)(D)(iii) of the Railroad 

Unemployment Insurance Act, as added by section 2006 of the 

American Recovery and Reinvestment Act of 2009 (Public Law 

111–5) and as amended by section 9 of the Worker, Homeownership, 

and Business Assistance Act of 2009 (Public Law 111–92), section 

505 of the Tax Relief, Unemployment Insurance Reauthorization, 

and Job Creation Act of 2010 (Public Law 111–312), and section 

202 of the Temporary Payroll Tax Cut Continuation Act of 2011 

(Public Law 112–78), is amended— 

(1) by striking ‘‘August 31, 2011’’ and inserting ‘‘June 30, 

2012’’; and 

(2) by striking ‘‘February 29, 2012’’ and inserting 

‘‘December 31, 2012’’. 

(b) CLARIFICATION ON AUTHORITY TO USE FUNDS.—Funds 

appropriated under either the first or second sentence of clause 

(iv) of section 2(c)(2)(D) of the Railroad Unemployment Insurance 

Act shall be available to cover the cost of additional extended 

unemployment benefits provided under such section 2(c)(2)(D) by 

reason of the amendments made by subsection (a) as well as to 

cover the cost of such benefits provided under such section 

2(c)(2)(D), as in effect on the day before the date of enactment 

of this Act. 

(c) FUNDING FOR ADMINISTRATION.—Out of any funds in the 

Treasury not otherwise appropriated, there are appropriated to 

the Railroad Retirement Board $500,000 for administrative 

expenses associated with the payment of additional extended 

unemployment benefits provided under section 2(c)(2)(D) of the 

Railroad Unemployment Insurance Act by reason of the amendments made by subsection (a), to remain available until expended. 

Appropriation 

authorization. 

45 USC 352. 

26 USC 3304 

note. 


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126 STAT. 168 PUBLIC LAW 112–96—FEB. 22, 2012 

Subtitle C—Improving Reemployment 

Strategies Under the Emergency Unemployment Compensation Program 

SEC. 2141. IMPROVED WORK SEARCH FOR THE LONG-TERM 

UNEMPLOYED. 

(a) IN GENERAL.—Section 4001(b) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) 

is amended— 

(1) by striking ‘‘and’’ at the end of paragraph (2); 

(2) by striking the period at the end of paragraph (3) 

and inserting ‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(4) are able to work, available to work, and actively 

seeking work.’’. 

(b) ACTIVELY SEEKING WORK.—Section 4001 of such Act is 

amended by adding at the end the following: 

‘‘(h) ACTIVELY SEEKING WORK.— 

‘‘(1) IN GENERAL.—For purposes of subsection (b)(4), the 

term ‘actively seeking work’ means, with respect to any individual, that such individual— 

‘‘(A) is registered for employment services in such a 

manner and to such extent as prescribed by the State 

agency; 

‘‘(B) has engaged in an active search for employment 

that is appropriate in light of the employment available 

in the labor market, the individual’s skills and capabilities, 

and includes a number of employer contacts that is consistent with the standards communicated to the individual 

by the State; 

‘‘(C) has maintained a record of such work search, 

including employers contacted, method of contact, and date 

contacted; and 

‘‘(D) when requested, has provided such work search 

record to the State agency. 

‘‘(2) RANDOM AUDITING.—The Secretary shall establish for 

each State a minimum number of claims for which work search 

records must be audited on a random basis in any given week.’’. 

SEC. 2142. REEMPLOYMENT SERVICES AND REEMPLOYMENT AND 

ELIGIBILITY ASSESSMENT ACTIVITIES. 

(a) PROVISION OF SERVICES AND ACTIVITIES.—Section 4001 of 

such Act, as amended by section 2141(b), is further amended by 

adding at the end the following: 

‘‘(i) PROVISION OF SERVICES AND ACTIVITIES.— 

‘‘(1) IN GENERAL.—An agreement under this section shall 

require the following: 

‘‘(A) The State which is party to such agreement shall 

provide reemployment services and reemployment and 

eligibility assessment activities to each individual— 

‘‘(i) who, on or after the 30th day after the date 

of enactment of the Extended Benefits, Reemployment, 

and Program Integrity Improvement Act, begins 

receiving amounts described in subsections (b) and (c); 

and 

Claims. 

Definition. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 169 

‘‘(ii) while such individual continues to receive 

emergency unemployment compensation under this 

title. 

‘‘(B) As a condition of eligibility for emergency 

unemployment compensation for any week— 

‘‘(i) a claimant who has been duly referred to 

reemployment services shall participate in such services; and 

‘‘(ii) a claimant shall be actively seeking work 

(determined applying subsection (i)). 

‘‘(2) DESCRIPTION OF SERVICES AND ACTIVITIES.—The 

reemployment services and in-person reemployment and eligibility assessment activities provided to individuals receiving 

emergency unemployment compensation described in paragraph 

(1)— 

‘‘(A) shall include— 

‘‘(i) the provision of labor market and career 

information; 

‘‘(ii) an assessment of the skills of the individual; 

‘‘(iii) orientation to the services available through 

the one-stop centers established under title I of the 

Workforce Investment Act of 1998; and 

‘‘(iv) review of the eligibility of the individual for 

emergency unemployment compensation relating to the 

job search activities of the individual; and 

‘‘(B) may include the provision of— 

‘‘(i) comprehensive and specialized assessments; 

‘‘(ii) individual and group career counseling; 

‘‘(iii) training services; 

‘‘(iv) additional reemployment services; and 

‘‘(v) job search counseling and the development 

or review of an individual reemployment plan that 

includes participation in job search activities and 

appropriate workshops. 

‘‘(3) PARTICIPATION REQUIREMENT.—As a condition of continuing eligibility for emergency unemployment compensation 

for any week, an individual who has been referred to reemployment services or reemployment and eligibility assessment 

activities under this subsection shall participate in such services or activities, unless the State agency responsible for the 

administration of State unemployment compensation law determines that— 

‘‘(A) such individual has completed participating in 

such services or activities; or 

‘‘(B) there is justifiable cause for failure to participate 

or to complete participating in such services or activities, 

as determined in accordance with guidance to be issued 

by the Secretary.’’. 

(b) ISSUANCE OF GUIDANCE.—Not later than 30 days after the 

date of enactment of this Act, the Secretary shall issue guidance 

on the implementation of the reemployment services and reemployment and eligibility assessment activities required to be provided 

under the amendment made by subsection (a). 

(c) FUNDING.— 

(1) IN GENERAL.—Section 4004(c) of the Supplemental 

Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 

note) is amended— 

Deadline. 

26 USC 3304 

note. 


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126 STAT. 170 PUBLIC LAW 112–96—FEB. 22, 2012 

(A) by striking ‘‘STATES.—There’’ and inserting the following: ‘‘STATES.— 

‘‘(1) ADMINISTRATION.—There’’; and 

(B) by adding at the end the following new paragraph: 

‘‘(2) REEMPLOYMENT SERVICES AND REEMPLOYMENT AND

ELIGIBILITY ASSESSMENT ACTIVITIES.— 

‘‘(A) APPROPRIATION.—There are appropriated from the 

general fund of the Treasury, for the period of fiscal year 

2012 through fiscal year 2013, out of the employment security administration account (as established by section 

901(a) of the Social Security Act), such sums as determined 

by the Secretary of Labor in accordance with subparagraph 

(B) to assist States in providing reemployment services 

and reemployment and eligibility assessment activities 

described in section 4001(h)(2). 

‘‘(B) DETERMINATION OF TOTAL AMOUNT.—The amount 

referred to in subparagraph (A) is the amount the Secretary 

of Labor estimates is equal to— 

‘‘(i) the number of individuals who will receive 

reemployment services and reemployment eligibility 

and assessment activities described in section 

4001(h)(2) in all States through the date specified in 

section 4007(b)(3); multiplied by 

‘‘(ii) $85. 

‘‘(C) DISTRIBUTION AMONG STATES.—Of the amounts 

appropriated under subparagraph (A), the Secretary of 

Labor shall distribute amounts to each State, in accordance 

with section 4003(c), that the Secretary estimates is equal 

to— 

‘‘(i) the number of individuals who will receive 

reemployment services and reemployment and eligibility assessment activities described in section 

4001(h)(2) in such State through the date specified 

in section 4007(b)(3); multiplied by 

‘‘(ii) $85.’’. 

(2) TRANSFER OF FUNDS.—Section 4004(e) of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 

U.S.C. 3304 note) is amended— 

(A) in paragraph (1)(G), by striking ‘‘and’’ at the end; 

(B) in paragraph (2), by striking the period at the 

end and inserting ‘‘; and’’; and 

(C) by adding at the end the following paragraph: 

‘‘(3) to the Employment Security Administration account 

(as established by section 901(a) of the Social Security Act) 

such sums as the Secretary of Labor determines to be necessary 

in accordance with subsection (c)(2) to assist States in providing 

reemployment services and reemployment eligibility and assessment activities described in section 4001(h)(2).’’. 

SEC. 2143. PROMOTING PROGRAM INTEGRITY THROUGH BETTER 

RECOVERY OF OVERPAYMENTS. 

Section 4005(c)(1) of the Supplemental Appropriations Act, 2008 

(Public Law 110–252; 26 U.S.C. 3304 note) is amended— 

(1) by striking ‘‘may’’ and inserting ‘‘shall’’; and 

(2) by striking ‘‘except that’’ and all that follows through 

‘‘made’’ and inserting ‘‘in accordance with the same procedures 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 171 

as apply to the recovery of overpayments of regular unemployment benefits paid by the State’’. 

SEC. 2144. RESTORE STATE FLEXIBILITY TO IMPROVE UNEMPLOYMENT PROGRAM SOLVENCY. 

Subsection (g) of section 4001 of the Supplemental Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 note) shall 

not apply with respect to a State that has enacted a law before 

March 1, 2012, that, upon taking effect, would violate such subsection. 

Subtitle D—Short-Time Compensation 

Program 

SEC. 2160. SHORT TITLE. 

This subtitle may be cited as the ‘‘Layoff Prevention Act of 

2012’’. 

SEC. 2161. TREATMENT OF SHORT-TIME COMPENSATION PROGRAMS. 

(a) DEFINITION.— 

(1) IN GENERAL.—Section 3306 of the Internal Revenue 

Code of 1986 (26 U.S.C. 3306) is amended by adding at the 

end the following new subsection: 

‘‘(v) SHORT-TIME COMPENSATION PROGRAM.—For purposes of 

this part, the term ‘short-time compensation program’ means a 

program under which— 

‘‘(1) the participation of an employer is voluntary; 

‘‘(2) an employer reduces the number of hours worked 

by employees in lieu of layoffs; 

‘‘(3) such employees whose workweeks have been reduced 

by at least 10 percent, and by not more than the percentage, 

if any, that is determined by the State to be appropriate (but 

in no case more than 60 percent), are not disqualified from 

unemployment compensation; 

‘‘(4) the amount of unemployment compensation payable 

to any such employee is a pro rata portion of the unemployment 

compensation which would otherwise be payable to the 

employee if such employee were unemployed; 

‘‘(5) such employees meet the availability for work and 

work search test requirements while collecting short-time compensation benefits, by being available for their workweek as 

required by the State agency; 

‘‘(6) eligible employees may participate, as appropriate, in 

training (including employer-sponsored training or worker 

training funded under the Workforce Investment Act of 1998) 

to enhance job skills if such program has been approved by 

the State agency; 

‘‘(7) the State agency shall require employers to certify 

that if the employer provides health benefits and retirement 

benefits under a defined benefit plan (as defined in section 

414(j)) or contributions under a defined contribution plan (as 

defined in section 414(i)) to any employee whose workweek 

is reduced under the program that such benefits will continue 

to be provided to employees participating in the short-time 

compensation program under the same terms and conditions 

as though the workweek of such employee had not been reduced 

Certification. 

Definition. 

26 USC 1 note. 

Layoff 

Prevention Act 

of 2012. 


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126 STAT. 172 PUBLIC LAW 112–96—FEB. 22, 2012 

or to the same extent as other employees not participating 

in the short-time compensation program; 

‘‘(8) the State agency shall require an employer to submit 

a written plan describing the manner in which the requirements 

of this subsection will be implemented (including a plan for 

giving advance notice, where feasible, to an employee whose 

workweek is to be reduced) together with an estimate of the 

number of layoffs that would have occurred absent the ability 

to participate in short-time compensation and such other 

information as the Secretary of Labor determines is appropriate; 

‘‘(9) the terms of the employer’s written plan and 

implementation shall be consistent with employer obligations 

under applicable Federal and State laws; and 

‘‘(10) upon request by the State and approval by the Secretary of Labor, only such other provisions are included in 

the State law that are determined to be appropriate for purposes of a short-time compensation program.’’. 

(2) EFFECTIVE DATE.—Subject to paragraph (3), the amendment made by paragraph (1) shall take effect on the date 

of the enactment of this Act. 

(3) TRANSITION PERIOD FOR EXISTING PROGRAMS.—In the 

case of a State that is administering a short-time compensation 

program as of the date of the enactment of this Act and the 

State law cannot be administered consistent with the amendment made by paragraph (1), such amendment shall take effect 

on the earlier of— 

(A) the date the State changes its State law in order 

to be consistent with such amendment; or 

(B) the date that is 2 years and 6 months after the 

date of the enactment of this Act. 

(b) CONFORMING AMENDMENTS.— 

(1) INTERNAL REVENUE CODE OF 1986.— 

(A) Subparagraph (E) of section 3304(a)(4) of the 

Internal Revenue Code of 1986 is amended to read as 

follows: 

‘‘(E) amounts may be withdrawn for the payment of 

short-time compensation under a short-time compensation 

program (as defined under section 3306(v));’’. 

(B) Subsection (f) of section 3306 of the Internal Revenue Code of 1986 is amended— 

(i) by striking paragraph (5) (relating to shorttime compensation) and inserting the following new 

paragraph: 

‘‘(5) amounts may be withdrawn for the payment of shorttime compensation under a short-time compensation program 

(as defined in subsection (v)); and’’; and 

(ii) by redesignating paragraph (5) (relating to selfemployment assistance program) as paragraph (6). 

(2) SOCIAL SECURITY ACT.—Section 303(a)(5) of the Social 

Security Act is amended by striking ‘‘the payment of shorttime compensation under a plan approved by the Secretary 

of Labor’’ and inserting ‘‘the payment of short-time compensation under a short-time compensation program (as defined in 

section 3306(v) of the Internal Revenue Code of 1986)’’. 

(3) UNEMPLOYMENT COMPENSATION AMENDMENTS OF 1992.— Subsections (b) through (d) of section 401 of the Unemployment 

Repeal. 

26 USC 3304 

note. 

42 USC 503. 

26 USC 3304. 

26 USC 3306 

note. 

26 USC 3306 

note. 

Plans. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 173 

Compensation Amendments of 1992 (26 U.S.C. 3304 note) are 

repealed. 

SEC. 2162. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 

PAYMENTS IN STATES WITH PROGRAMS IN LAW. 

(a) PAYMENTS TO STATES.— (1) IN GENERAL.—Subject to paragraph (3), there shall be 

paid to a State an amount equal to 100 percent of the amount 

of short-time compensation paid under a short-time compensation program (as defined in section 3306(v) of the Internal 

Revenue Code of 1986, as added by section 2161(a)) under 

the provisions of the State law. 

(2) TERMS OF PAYMENTS.—Payments made to a State under 

paragraph (1) shall be payable by way of reimbursement in 

such amounts as the Secretary estimates the State will be 

entitled to receive under this section for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that the Secretary’s estimates 

for any prior calendar month were greater or less than the 

amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(3) LIMITATIONS ON PAYMENTS.— 

(A) GENERAL PAYMENT LIMITATIONS.—No payments 

shall be made to a State under this section for shorttime compensation paid to an individual by the State 

during a benefit year in excess of 26 times the amount 

of regular compensation (including dependents’ allowances) 

under the State law payable to such individual for a week 

of total unemployment. 

(B) EMPLOYER LIMITATIONS.—No payments shall be 

made to a State under this section for benefits paid to 

an individual by the State under a short-time compensation 

program if such individual is employed by the participating 

employer on a seasonal, temporary, or intermittent basis. 

(b) APPLICABILITY.— 

(1) IN GENERAL.—Payments to a State under subsection 

(a) shall be available for weeks of unemployment— 

(A) beginning on or after the date of the enactment 

of this Act; and 

(B) ending on or before the date that is 3 years and 

6 months after the date of the enactment of this Act. 

(2) THREE-YEAR FUNDING LIMITATION FOR COMBINED PAYMENTS UNDER THIS SECTION AND SECTION 2163.—States may 

receive payments under this section and section 2163 with 

respect to a total of not more than 156 weeks. 

(c) TWO-YEAR TRANSITION PERIOD FOR EXISTING PROGRAMS.— 

During any period that the transition provision under section 

2161(a)(3) is applicable to a State with respect to a short-time 

compensation program, such State shall be eligible for payments 

under this section. Subject to paragraphs (1)(B) and (2) of subsection 

(b), if at any point after the date of the enactment of this Act 

the State enacts a State law providing for the payment of shorttime compensation under a short-time compensation program that 

meets the definition of such a program under section 3306(v) of 

the Internal Revenue Code of 1986, as added by section 2161(a), 

Termination 

date. 

Effective date. 

26 USC 3304 

note. 


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126 STAT. 174 PUBLIC LAW 112–96—FEB. 22, 2012 

the State shall be eligible for payments under this section after 

the effective date of such enactment. 

(d) FUNDING AND CERTIFICATIONS.— 

(1) FUNDING.—There are appropriated, out of moneys in 

the Treasury not otherwise appropriated, such sums as may 

be necessary for purposes of carrying out this section. 

(2) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(e) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

SEC. 2163. TEMPORARY FINANCING OF SHORT-TIME COMPENSATION 

AGREEMENTS. 

(a) FEDERAL-STATE AGREEMENTS.— 

(1) IN GENERAL.—Any State which desires to do so may 

enter into, and participate in, an agreement under this section 

with the Secretary provided that such State’s law does not 

provide for the payment of short-time compensation under a 

short-time compensation program (as defined in section 3306(v) 

of the Internal Revenue Code of 1986, as added by section 

2161(a)). 

(2) ABILITY TO TERMINATE.—Any State which is a party 

to an agreement under this section may, upon providing 30 

days’ written notice to the Secretary, terminate such agreement. 

(b) PROVISIONS OF FEDERAL-STATE AGREEMENT.— 

(1) IN GENERAL.—Any agreement under this section shall 

provide that the State agency of the State will make payments 

of short-time compensation under a plan approved by the State. 

Such plan shall provide that payments are made in accordance 

with the requirements under section 3306(v) of the Internal 

Revenue Code of 1986, as added by section 2161(a). 

(2) LIMITATIONS ON PLANS.— 

(A) GENERAL PAYMENT LIMITATIONS.—A short-time 

compensation plan approved by a State shall not permit 

the payment of short-time compensation to an individual 

by the State during a benefit year in excess of 26 times 

the amount of regular compensation (including dependents’ 

allowances) under the State law payable to such individual 

for a week of total unemployment. 

(B) EMPLOYER LIMITATIONS.—A short-time compensation plan approved by a State shall not provide payments 

to an individual if such individual is employed by the 

participating employer on a seasonal, temporary, or intermittent basis. 

(3) EMPLOYER PAYMENT OF COSTS.—Any short-time compensation plan entered into by an employer must provide that 

the employer will pay the State an amount equal to onehalf of the amount of short-time compensation paid under such 

plan. Such amount shall be deposited in the State’s unemployment fund and shall not be used for purposes of calculating 

Notice. 

26 USC 3304 

note. 

Appropriation 

authorization. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 175 

an employer’s contribution rate under section 3303(a)(1) of the 

Internal Revenue Code of 1986. 

(c) PAYMENTS TO STATES.— 

(1) IN GENERAL.—There shall be paid to each State with 

an agreement under this section an amount equal to— 

(A) one-half of the amount of short-time compensation 

paid to individuals by the State pursuant to such agreement; and 

(B) any additional administrative expenses incurred 

by the State by reason of such agreement (as determined 

by the Secretary). 

(2) TERMS OF PAYMENTS.—Payments made to a State under 

paragraph (1) shall be payable by way of reimbursement in 

such amounts as the Secretary estimates the State will be 

entitled to receive under this section for each calendar month, 

reduced or increased, as the case may be, by any amount 

by which the Secretary finds that the Secretary’s estimates 

for any prior calendar month were greater or less than the 

amounts which should have been paid to the State. Such estimates may be made on the basis of such statistical, sampling, 

or other method as may be agreed upon by the Secretary 

and the State agency of the State involved. 

(3) FUNDING.—There are appropriated, out of moneys in 

the Treasury not otherwise appropriated, such sums as may 

be necessary for purposes of carrying out this section. 

(4) CERTIFICATIONS.—The Secretary shall from time to time 

certify to the Secretary of the Treasury for payment to each 

State the sums payable to such State under this section. 

(d) APPLICABILITY.— 

(1) IN GENERAL.—An agreement entered into under this 

section shall apply to weeks of unemployment— 

(A) beginning on or after the date on which such agreement is entered into; and 

(B) ending on or before the date that is 2 years and 

13 weeks after the date of the enactment of this Act. 

(2) TWO-YEAR FUNDING LIMITATION.—States may receive 

payments under this section with respect to a total of not 

more than 104 weeks. 

(e) SPECIAL RULE.—If a State has entered into an agreement 

under this section and subsequently enacts a State law providing 

for the payment of short-time compensation under a short-time 

compensation program that meets the definition of such a program 

under section 3306(v) of the Internal Revenue Code of 1986, as 

added by section 2161(a), the State— 

(1) shall not be eligible for payments under this section 

for weeks of unemployment beginning after the effective date 

of such State law; and 

(2) subject to paragraphs (1)(B) and (2) of section 2162(b), 

shall be eligible to receive payments under section 2162 after 

the effective date of such State law. 

(f) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

Termination 

date. 

Effective date. 

Appropriation 

authorization. 


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126 STAT. 176 PUBLIC LAW 112–96—FEB. 22, 2012 

SEC. 2164. GRANTS FOR SHORT-TIME COMPENSATION PROGRAMS. 

(a) GRANTS.— (1) FOR IMPLEMENTATION OR IMPROVED ADMINISTRATION.— The Secretary shall award grants to States that enact shorttime compensation programs (as defined in subsection (i)(2)) 

for the purpose of implementation or improved administration 

of such programs. 

(2) FOR PROMOTION AND ENROLLMENT.—The Secretary shall 

award grants to States that are eligible and submit plans 

for a grant under paragraph (1) for such States to promote 

and enroll employers in short-time compensation programs (as 

so defined). 

(3) ELIGIBILITY.— (A) IN GENERAL.—The Secretary shall determine eligibility criteria for the grants under paragraphs (1) and 

(2). 

(B) CLARIFICATION.—A State administering a shorttime compensation program, including a program being 

administered by a State that is participating in the transition under the provisions of sections 301(a)(3) and 302(c), 

that does not meet the definition of a short-time compensation program under section 3306(v) of the Internal Revenue 

Code of 1986 (as added by 211(a)), and a State with an 

agreement under section 2163, shall not be eligible to 

receive a grant under this section until such time as the 

State law of the State provides for payments under a 

short-time compensation program that meets such definition and such law. 

(b) AMOUNT OF GRANTS.— 

(1) IN GENERAL.—The maximum amount available for 

making grants to a State under paragraphs (1) and (2) shall 

be equal to the amount obtained by multiplying $100,000,000 

(less the amount used by the Secretary under subsection (e)) 

by the same ratio as would apply under subsection (a)(2)(B) 

of section 903 of the Social Security Act (42 U.S.C. 1103) 

for purposes of determining such State’s share of any excess 

amount (as described in subsection (a)(1) of such section) that 

would have been subject to transfer to State accounts, as of 

October 1, 2010, under the provisions of subsection (a) of such 

section. 

(2) AMOUNT AVAILABLE FOR DIFFERENT GRANTS.—Of the 

maximum incentive payment determined under paragraph (1) 

with respect to a State— 

(A) one-third shall be available for a grant under subsection (a)(1); and 

(B) two-thirds shall be available for a grant under 

subsection (a)(2). 

(c) GRANT APPLICATION AND DISBURSAL.— 

(1) APPLICATION.—Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application 

to the Secretary at such time, in such manner, and complete 

with such information as the Secretary may require. In no 

case may the Secretary award a grant under this section with 

respect to an application that is submitted after December 

31, 2014. 

(2) NOTICE.—The Secretary shall, within 30 days after 

receiving a complete application, notify the State agency of 

Deadline. 

Deadline. 

26 USC 3304 

note. 


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the State of the Secretary’s findings with respect to the requirements for a grant under paragraph (1) or (2) (or both) of 

subsection (a). 

(3) CERTIFICATION.—If the Secretary finds that the State 

law provisions meet the requirements for a grant under subsection (a), the Secretary shall thereupon make a certification 

to that effect to the Secretary of the Treasury, together with 

a certification as to the amount of the grant payment to be 

transferred to the State account in the Unemployment Trust 

Fund (as established in section 904(a) of the Social Security 

Act (42 U.S.C. 1104(a))) pursuant to that finding. The Secretary 

of the Treasury shall make the appropriate transfer to the 

State account within 7 days after receiving such certification. 

(4) REQUIREMENT.—No certification of compliance with the 

requirements for a grant under paragraph (1) or (2) of subsection (a) may be made with respect to any State whose— 

(A) State law is not otherwise eligible for certification 

under section 303 of the Social Security Act (42 U.S.C. 

503) or approvable under section 3304 of the Internal Revenue Code of 1986; or 

(B) short-time compensation program is subject to discontinuation or is not scheduled to take effect within 12 

months of the certification. 

(d) USE OF FUNDS.—The amount of any grant awarded under 

this section shall be used for the implementation of short-time 

compensation programs and the overall administration of such programs and the promotion and enrollment efforts associated with 

such programs, such as through— 

(1) the creation or support of rapid response teams to 

advise employers about alternatives to layoffs; 

(2) the provision of education or assistance to employers 

to enable them to assess the feasibility of participating in 

short-time compensation programs; and 

(3) the development or enhancement of systems to automate— 

(A) the submission and approval of plans; and 

(B) the filing and approval of new and ongoing shorttime compensation claims. 

(e) ADMINISTRATION.—The Secretary is authorized to use 0.25 

percent of the funds available under subsection (g) to provide for 

outreach and to share best practices with respect to this section 

and short-time compensation programs. 

(f) RECOUPMENT.—The Secretary shall establish a process under 

which the Secretary shall recoup the amount of any grant awarded 

under paragraph (1) or (2) of subsection (a) if the Secretary determines that, during the 5-year period beginning on the first date 

that any such grant is awarded to the State, the State— 

(1) terminated the State’s short-time compensation program; or 

(2) failed to meet appropriate requirements with respect 

to such program (as established by the Secretary). 

(g) FUNDING.—There are appropriated, out of moneys in the 

Treasury not otherwise appropriated, to the Secretary, $100,000,000 

to carry out this section, to remain available without fiscal year 

limitation. 

Appropriation 

authorization. 

Determination. 

Time period. 

Time period. 

Deadline. 


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126 STAT. 178 PUBLIC LAW 112–96—FEB. 22, 2012 

(h) REPORTING.—The Secretary may establish reporting requirements for States receiving a grant under this section in order 

to provide oversight of grant funds. 

(i) DEFINITIONS.—In this section: 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) SHORT-TIME COMPENSATION PROGRAM.—The term ‘‘shorttime compensation program’’ has the meaning given such term 

in section 3306(v) of the Internal Revenue Code of 1986, as 

added by section 2161(a). 

(3) STATE; STATE AGENCY; STATE LAW.—The terms ‘‘State’’, 

‘‘State agency’’, and ‘‘State law’’ have the meanings given those 

terms in section 205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

SEC. 2165. ASSISTANCE AND GUIDANCE IN IMPLEMENTING PROGRAMS. 

(a) IN GENERAL.—In order to assist States in establishing, 

qualifying, and implementing short-time compensation programs 

(as defined in section 3306(v) of the Internal Revenue Code of 

1986, as added by section 2161(a)), the Secretary of Labor (in 

this section referred to as the ‘‘Secretary’’) shall— 

(1) develop model legislative language which may be used 

by States in developing and enacting such programs and 

periodically review and revise such model legislative language; 

(2) provide technical assistance and guidance in developing, 

enacting, and implementing such programs; 

(3) establish reporting requirements for States, including 

reporting on— 

(A) the number of estimated averted layoffs; 

(B) the number of participating employers and workers; 

and 

(C) such other items as the Secretary of Labor determines are appropriate. 

(b) MODEL LANGUAGE AND GUIDANCE.—The model language 

and guidance developed under subsection (a) shall allow sufficient 

flexibility by States and participating employers while ensuring 

accountability and program integrity. 

(c) CONSULTATION.—In developing the model legislative language and guidance under subsection (a), and in order to meet 

the requirements of subsection (b), the Secretary shall consult with 

employers, labor organizations, State workforce agencies, and other 

program experts. 

SEC. 2166. REPORTS. 

(a) REPORT.— 

(1) IN GENERAL.—Not later than 4 years after the date 

of the enactment of this Act, the Secretary of Labor shall 

submit to Congress and to the President a report or reports 

on the implementation of the provisions of this subtitle. 

(2) REQUIREMENTS.—Any report under paragraph (1) shall 

at a minimum include the following: 

(A) A description of best practices by States and 

employers in the administration, promotion, and use of 

short-time compensation programs (as defined in section 

3306(v) of the Internal Revenue Code of 1986, as added 

by section 2161(a)). 

Requirements. 

26 USC 3304 

note. 


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(B) An analysis of the significant challenges to State 

enactment and implementation of short-time compensation 

programs. 

(C) A survey of employers in all States to determine 

the level of interest in participating in short-time compensation programs. 

(b) FUNDING.—There are appropriated, out of any moneys in 

the Treasury not otherwise appropriated, to the Secretary of Labor, 

$1,500,000 to carry out this section, to remain available without 

fiscal year limitation. 

Subtitle E—Self-Employment Assistance 

SEC. 2181. STATE ADMINISTRATION OF SELF-EMPLOYMENT ASSISTANCE PROGRAMS. 

(a) AVAILABILITY FOR INDIVIDUALS RECEIVING EXTENDED COMPENSATION.—Title II of the Federal-State Extended Unemployment 

Compensation Act of 1970 (26 U.S.C. 3304 note) is amended by 

inserting at the end the following new section: 

‘‘AUTHORITY TO CONDUCT SELF-EMPLOYMENT ASSISTANCE PROGRAMS

‘‘SEC. 208. (a)(1) At the option of a State, for any weeks of 

unemployment beginning after the date of enactment of this section, 

the State agency of the State may establish a self-employment 

assistance program, as described in subsection (b), to provide for 

the payment of extended compensation as self-employment assistance allowances to individuals who would otherwise satisfy the 

eligibility criteria under this title. 

‘‘(2) Subject to paragraph (3), the self-employment assistance 

allowance described in paragraph (1) shall be paid to an eligible 

individual from such individual’s extended compensation account, 

as described in section 202(b), and the amount in such account 

shall be reduced accordingly. 

‘‘(3)(A) Subject to subparagraph (B), for purposes of self-employment assistance programs established under this section and section 

4001(j) of the Supplemental Appropriations Act, 2008, an individual 

shall be provided with self-employment assistance allowances under 

such programs for a total of not greater than 26 weeks (referred 

to in this section as the ‘combined eligibility limit’). 

‘‘(B) For purposes of an individual who is participating in 

a self-employment assistance program established under this section and has not reached the combined eligibility limit as of the 

date on which such individual exhausts all rights to extended 

compensation under this title, the individual shall be eligible to 

receive self-employment assistance allowances under a self-employment assistance program established under section 4001(j) of the 

Supplemental Appropriations Act, 2008, until such individual has 

reached the combined eligibility limit, provided that the individual 

otherwise satisfies the eligibility criteria described under title IV 

of such Act. 

‘‘(b) For the purposes of this section, the term ‘self-employment 

assistance program’ means a program as defined under section 

3306(t) of the Internal Revenue Code of 1986, except as follows: 

‘‘(1) all references to ‘regular unemployment compensation 

under the State law’ shall be deemed to refer instead to 

Appropriation 

authorization. 


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126 STAT. 180 PUBLIC LAW 112–96—FEB. 22, 2012 

‘extended compensation under title II of the Federal-State 

Extended Unemployment Compensation Act of 1970’; 

‘‘(2) paragraph (3)(B) shall not apply; 

‘‘(3) clause (i) of paragraph (3)(C) shall be deemed to state 

as follows: 

‘‘ ‘(i) include any entrepreneurial training that the 

State or non-profit organizations may provide in 

coordination with programs of training offered by the 

Small Business Administration, which may include 

business counseling, mentorship for participants, 

access to small business development resources, and 

technical assistance; and’; 

‘‘(4) the reference to ‘5 percent’ in paragraph (4) shall 

be deemed to refer instead to ‘1 percent’; and 

‘‘(5) paragraph (5) shall not apply. 

‘‘(c) In the case of an individual who is eligible to receive 

extended compensation under this title, such individual shall not 

receive self-employment assistance allowances under this section 

unless the State agency has a reasonable expectation that such 

individual will be entitled to at least 13 times the individual’s 

average weekly benefit amount of extended compensation and emergency unemployment compensation. 

‘‘(d)(1) An individual who is participating in a self-employment 

assistance program established under this section may elect to 

discontinue participation in such program at any time. 

‘‘(2) For purposes of an individual whose participation in a 

self-employment assistance program established under this section 

is terminated pursuant to subsection (a)(3) or who has discontinued 

participation in such program, if the individual continues to satisfy 

the eligibility requirements for extended compensation under this 

title, the individual shall receive extended compensation payments 

with respect to subsequent weeks of unemployment, to the extent 

that amounts remain in the account established for such individual 

under section 202(b).’’. 

(b) AVAILABILITY FOR INDIVIDUALS RECEIVING EMERGENCY

UNEMPLOYMENT COMPENSATION.—Section 4001 of the Supplemental 

Appropriations Act, 2008 (Public Law 110–252; 26 U.S.C. 3304 

note), as amended by sections 2141(b) and 2142(a), is further 

amended by inserting at the end the following new subsection: 

‘‘(j) AUTHORITY TO CONDUCT SELF-EMPLOYMENT ASSISTANCE

PROGRAM.— 

‘‘(1) IN GENERAL.— 

‘‘(A) ESTABLISHMENT.—Any agreement under subsection (a) may provide that the State agency of the State 

shall establish a self-employment assistance program, as 

described in paragraph (2), to provide for the payment 

of emergency unemployment compensation as self-employment assistance allowances to individuals who would otherwise satisfy the eligibility criteria specified in subsection 

(b). 

‘‘(B) PAYMENT OF ALLOWANCES.—Subject to subparagraph (C), the self-employment assistance allowance 

described in subparagraph (A) shall be paid to an eligible 

individual from such individual’s emergency unemployment 

compensation account, as described in section 4002, and 

the amount in such account shall be reduced accordingly. 


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‘‘(C) LIMITATION ON SELF-EMPLOYMENT ASSISTANCE FOR

INDIVIDUALS RECEIVING EXTENDED COMPENSATION AND

EMERGENCY UNEMPLOYMENT COMPENSATION.— 

‘‘(i) COMBINED ELIGIBILITY LIMIT.—Subject to 

clause (ii), for purposes of self-employment assistance 

programs established under this subsection and section 

208 of the Federal-State Extended Unemployment 

Compensation Act of 1970, an individual shall be provided with self-employment assistance allowances 

under such programs for a total of not greater than 

26 weeks (referred to in this subsection as the ‘combined eligibility limit’). 

‘‘(ii) CARRYOVER RULE.—For purposes of an individual who is participating in a self-employment assistance program established under this subsection and 

has not reached the combined eligibility limit as of 

the date on which such individual exhausts all rights 

to extended compensation under this title, the individual shall be eligible to receive self-employment 

assistance allowances under a self-employment assistance program established under section 208 of the 

Federal-State Extended Unemployment Compensation 

Act of 1970 until such individual has reached the combined eligibility limit, provided that the individual 

otherwise satisfies the eligibility criteria described 

under title II of such Act. 

‘‘(2) DEFINITION OF ‘SELF-EMPLOYMENT ASSISTANCE PROGRAM’.—For the purposes of this section, the term ‘self-employment assistance program’ means a program as defined under 

section 3306(t) of the Internal Revenue Code of 1986, except 

as follows: 

‘‘(A) all references to ‘regular unemployment compensation under the State law’ shall be deemed to refer instead 

to ‘emergency unemployment compensation under title IV 

of the Supplemental Appropriations Act, 2008’; 

‘‘(B) paragraph (3)(B) shall not apply; 

‘‘(C) clause (i) of paragraph (3)(C) shall be deemed 

to state as follows: 

‘‘ ‘(i) include any entrepreneurial training that the 

State or non-profit organizations may provide in 

coordination with programs of training offered by the 

Small Business Administration, which may include 

business counseling, mentorship for participants, 

access to small business development resources, and 

technical assistance; and’; 

‘‘(D) the reference to ‘5 percent’ in paragraph (4) shall 

be deemed to refer instead to ‘1 percent’; and 

‘‘(E) paragraph (5) shall not apply. 

‘‘(3) AVAILABILITY OF SELF-EMPLOYMENT ASSISTANCE ALLOWANCES.—In the case of an individual who is eligible to receive 

emergency unemployment compensation payment under this 

title, such individual shall not receive self-employment assistance allowances under this subsection unless the State agency 

has a reasonable expectation that such individual will be entitled to at least 13 times the individual’s average weekly benefit 

amount of extended compensation and emergency unemployment compensation. 


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126 STAT. 182 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(4) PARTICIPANT OPTION TO TERMINATE PARTICIPATION IN

SELF-EMPLOYMENT ASSISTANCE PROGRAM.— ‘‘(A) TERMINATION.—An individual who is participating 

in a self-employment assistance program established under 

this subsection may elect to discontinue participation in 

such program at any time. 

‘‘(B) CONTINUED ELIGIBILITY FOR EMERGENCY

UNEMPLOYMENT COMPENSATION.—For purposes of an individual whose participation in the self-employment assistance program established under this subsection is terminated pursuant to paragraph (1)(C) or who has discontinued 

participation in such program, if the individual continues 

to satisfy the eligibility requirements for emergency 

unemployment compensation under this title, the individual shall receive emergency unemployment compensation payments with respect to subsequent weeks of 

unemployment, to the extent that amounts remain in the 

account established for such individual under section 

4002(b) or to the extent that such individual commences 

receiving the amounts described in subsections (c), (d), 

or (e) of such section, respectively.’’. 

SEC. 2182. GRANTS FOR SELF-EMPLOYMENT ASSISTANCE PROGRAMS. 

(a) IN GENERAL.— 

(1) ESTABLISHMENT OR IMPROVED ADMINISTRATION.—Subject to the requirements established under subsection (b), the 

Secretary shall award grants to States for the purposes of— 

(A) improved administration of self-employment assistance programs that have been established, prior to the 

date of the enactment of this Act, pursuant to section 

3306(t) of the Internal Revenue Code of 1986 (26 U.S.C. 

3306(t)), for individuals who are eligible to receive regular 

unemployment compensation; 

(B) development, implementation, and administration 

of self-employment assistance programs that are established, subsequent to the date of the enactment of this 

Act, pursuant to section 3306(t) of the Internal Revenue 

Code of 1986, for individuals who are eligible to receive 

regular unemployment compensation; and 

(C) development, implementation, and administration 

of self-employment assistance programs that are established pursuant to section 208 of the Federal-State 

Extended Unemployment Compensation Act of 1970 or section 4001(j) of the Supplemental Appropriations Act, 2008, 

for individuals who are eligible to receive extended compensation or emergency unemployment compensation. 

(2) PROMOTION AND ENROLLMENT.—Subject to the requirements established under subsection (b), the Secretary shall 

award additional grants to States that submit approved applications for a grant under paragraph (1) for such States to promote 

self-employment assistance programs and enroll unemployed 

individuals in such programs. 

(b) APPLICATION AND DISBURSAL.— 

(1) APPLICATION.—Any State seeking a grant under paragraph (1) or (2) of subsection (a) shall submit an application 

to the Secretary at such time, in such manner, and containing 

such information as is determined appropriate by the Secretary. 

26 USC 3304 

note. 


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In no case shall the Secretary award a grant under this section 

with respect to an application that is submitted after December 

31, 2013. 

(2) NOTICE.—Not later than 30 days after receiving an 

application described in paragraph (1) from a State, the Secretary shall notify the State agency as to whether a grant 

has been approved for such State for the purposes described 

in subsection (a). 

(3) CERTIFICATION.—If the Secretary determines that a 

State has met the requirements for a grant under subsection 

(a), the Secretary shall make a certification to that effect to 

the Secretary of the Treasury, as well as a certification as 

to the amount of the grant payment to be transferred to the 

State account in the Unemployment Trust Fund under section 

904 of the Social Security Act (42 U.S.C. 1104). The Secretary 

of the Treasury shall make the appropriate transfer to the 

State account not later than 7 days after receiving such certification. 

(c) ALLOTMENT FACTORS.—For purposes of allotting the funds 

available under subsection (d) to States that have met the requirements for a grant under this section, the amount of the grant 

provided to each State shall be determined based upon the percentage of unemployed individuals in the State relative to the percentage of unemployed individuals in all States. 

(d) FUNDING.—There are appropriated, out of moneys in the 

Treasury not otherwise appropriated, $35,000,000 for the period 

of fiscal year 2012 through fiscal year 2013 for purposes of carrying 

out the grant program under this section, 

SEC. 2183. ASSISTANCE AND GUIDANCE IN IMPLEMENTING SELFEMPLOYMENT ASSISTANCE PROGRAMS. 

(a) MODEL LANGUAGE AND GUIDANCE.—For purposes of 

assisting States in establishing, improving, and administering selfemployment assistance programs, the Secretary shall— 

(1) develop model language that may be used by States 

in enacting such programs, as well as periodically review and 

revise such model language; and 

(2) provide technical assistance and guidance in establishing, improving, and administering such programs. 

(b) REPORTING AND EVALUATION.— 

(1) REPORTING.—The Secretary shall establish reporting 

requirements for States that have established self-employment 

assistance programs, which shall include reporting on— 

(A) the total number of individuals who received 

unemployment compensation and— 

(i) were referred to a self-employment assistance 

program; 

(ii) participated in such program; and 

(iii) received an allowance under such program; 

(B) the total amount of allowances provided to individuals participating in a self-employment assistance program; 

(C) the total income (as determined by survey or other 

appropriate method) for businesses that have been established by individuals participating in a self-employment 

assistance program, as well as the total number of individuals employed through such businesses; and 

Review. 

26 USC 3304 

note. 

Appropriation 

authorization. 

Determination. 

Transfer 

authority. 

Deadline. 

Determination. 

Deadline. 

Deadline. 


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126 STAT. 184 PUBLIC LAW 112–96—FEB. 22, 2012 

(D) any additional information, as determined appropriate by the Secretary. 

(2) EVALUATION.—Not later than 5 years after the date 

of the enactment of this Act, the Secretary shall submit to 

Congress a report that evaluates the effectiveness of selfemployment assistance programs established by States, 

including— 

(A) an analysis of the implementation and operation 

of self-employment assistance programs by States; 

(B) an evaluation of the economic outcomes for individuals who participated in a self-employment assistance program as compared to individuals who received unemployment compensation and did not participate in a self-employment assistance program, including a comparison as to 

employment status, income, and duration of receipt of 

unemployment compensation or self-employment assistance 

allowances; and 

(C) an evaluation of the state of the businesses started 

by individuals who participated in a self-employment 

assistance program, including information regarding— 

(i) the type of businesses established; 

(ii) the sustainability of the businesses; 

(iii) the total income collected by the businesses; 

(iv) the total number of individuals employed 

through such businesses; and 

(v) the estimated Federal and State tax revenue 

collected from such businesses and their employees. 

(c) FLEXIBILITY AND ACCOUNTABILITY.—The model language, 

guidance, and reporting requirements developed by the Secretary 

under subsections (a) and (b) shall— 

(1) allow sufficient flexibility for States and participating 

individuals; and 

(2) ensure accountability and program integrity. 

(d) CONSULTATION.—For purposes of developing the model language, guidance, and reporting requirements described under subsections (a) and (b), the Secretary shall consult with employers, 

labor organizations, State agencies, and other relevant program 

experts. 

(e) ENTREPRENEURIAL TRAINING PROGRAMS.—The Secretary 

shall utilize resources available through the Department of Labor 

and coordinate with the Administrator of the Small Business 

Administration to ensure that adequate funding is reserved and 

made available for the provision of entrepreneurial training to 

individuals participating in self-employment assistance programs. 

(f) SELF-EMPLOYMENT ASSISTANCE PROGRAM.—For purposes of 

this section, the term ‘‘self-employment assistance program’’ means 

a program established pursuant to section 3306(t) of the Internal 

Revenue Code of 1986 (26 U.S.C. 3306(t)), section 208 of the FederalState Extended Unemployment Compensation Act of 1970, or section 4001(j) of the Supplemental Appropriations Act, 2008, for 

individuals who are eligible to receive regular unemployment compensation, extended compensation, or emergency unemployment 

compensation. 

SEC. 2184. DEFINITIONS. 

In this subtitle: 

26 USC 3304 

note. 

Definition. 

Deadline. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 185 

(1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of Labor. 

(2) STATE; STATE AGENCY.—The terms ‘‘State’’ and ‘‘State 

agency’’ have the meanings given such terms under section 

205 of the Federal-State Extended Unemployment Compensation Act of 1970 (26 U.S.C. 3304 note). 

TITLE III—MEDICARE AND OTHER 

HEALTH PROVISIONS 

Subtitle A—Medicare Extensions 

SEC. 3001. EXTENSION OF MMA SECTION 508 RECLASSIFICATIONS. 

(a) IN GENERAL.—Section 106(a) of division B of the Tax Relief 

and Health Care Act of 2006 (42 U.S.C. 1395 note), as amended 

by section 117 of the Medicare, Medicaid, and SCHIP Extension 

Act of 2007 (Public Law 110–173), section 124 of the Medicare 

Improvements for Patients and Providers Act of 2008 (Public Law 

110–275), sections 3137(a) and 10317 of the Patient Protection 

and Affordable Care Act (Public Law 111–148), section 102(a) of 

the Medicare and Medicaid Extenders Act of 2010 (Public Law 

111–309), and section 302(a) of the Temporary Payroll Tax Cut 

Continuation Act of 2011 (Public Law 112–78), is amended by 

striking ‘‘November 30, 2011’’ and inserting ‘‘March 31, 2012’’. 

(b) SPECIAL RULE.— 

(1) IN GENERAL.—Subject to paragraph (2), for purposes 

of implementation of the amendment made by subsection (a), 

including for purposes of the implementation of paragraph (2) 

of section 117(a) of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (Public Law 110–173), for the period beginning 

on December 1, 2011, and ending on March 31, 2012, the 

Secretary of Health and Human Services shall use the hospital 

wage index that was promulgated by the Secretary of Health 

and Human Services in the Federal Register on August 18, 

2011 (76 Fed. Reg. 51476), and any subsequent corrections. 

(2) EXCEPTION.—In determining the wage index applicable 

to hospitals that qualify for wage index reclassification, the 

Secretary shall, for the period described in paragraph (1), 

include the average hourly wage data of hospitals whose 

reclassification was extended pursuant to the amendment made 

by subsection (a) only if including such data results in a higher 

applicable reclassified wage index. Any revision to hospital 

wage indexes made as a result of this paragraph shall not 

be effected in a budget neutral manner. 

(c) TIMEFRAME FOR PAYMENTS.— 

(1) IN GENERAL.—The Secretary shall make payments 

required under subsections (a) and (b) by not later than June 

30, 2012. 

(2) OCTOBER 2011 AND NOVEMBER 2011 CONFORMING

CHANGE.—Section 302(c) of the Temporary Payroll Tax Cut 

Continuation Act of 2011 (Public Law 112-78) is amended by 

striking ‘‘December 31, 2012’’ and inserting ‘‘June 30, 2012’’. 

42 USC 1395ww 

note. 

42 USC 1395ww 

note. 

42 USC 1395ww 

note. 

Time period. 

42 USC 1395ww 

note. 


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126 STAT. 186 PUBLIC LAW 112–96—FEB. 22, 2012 

SEC. 3002. EXTENSION OF OUTPATIENT HOLD HARMLESS PAYMENTS. 

(a) IN GENERAL.—Section 1833(t)(7)(D)(i) of the Social Security 

Act (42 U.S.C. 1395l(t)(7)(D)(i)), as amended by section 308 of 

the Temporary Payroll Tax Cut Continuation Act of 2011 (Public 

Law 112–78), is amended— 

(1) in subclause (II)— 

(A) in the first sentence, by striking ‘‘March 1, 2012’’ 

and inserting ‘‘January 1, 2013’’; and 

(B) in the second sentence, by striking ‘‘or the first 

two months of 2012’’ and inserting ‘‘or 2012’’; and 

(2) in subclause (III), in the first sentence, by striking 

‘‘March 1, 2012’’ and inserting ‘‘January 1, 2013’’. 

(b) REPORT.—Not later than July 1, 2012, the Secretary of 

Health and Human Services shall submit to the Committees on 

Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report 

including recommendations for which types of hospitals should continue to receive hold harmless payments described in subclauses 

(II) and (III) of section 1833(t)(7)(D)(i) of the Social Security Act 

(42 U.S.C. 1395l(t)(7)(D)(i)) in order to maintain adequate beneficiary access to outpatient services. In conducting such report, 

the Secretary should examine why some similarly situated hospitals 

do not receive such hold harmless payments and are able to rely 

only on the prospective payment system for hospital outpatient 

department services under section 1833(t) of the Social Security 

Act (42 U.S.C. 1395l(t)). 

SEC. 3003. PHYSICIAN PAYMENT UPDATE. 

(a) IN GENERAL.—Section 1848(d)(13) of the Social Security 

Act (42 U.S.C. 1395w–4(d)(13)), as added by section 301 of the 

Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 

112–78), is amended— 

(1) in the heading, by striking ‘‘FIRST TWO MONTHS OF

2012’’ and inserting ‘‘2012’’; 

(2) in subparagraph (A), by striking ‘‘the period beginning 

on January 1, 2012, and ending on February 29, 2012’’ and 

inserting ‘‘2012’’; 

(3) in the heading of subparagraph (B), by striking 

‘‘REMAINING PORTION OF 2012’’ and inserting ‘‘2013’’; and 

(4) in subparagraph (B), by striking ‘‘for the period beginning on March 1, 2012, and ending on December 31, 2012, 

and for 2013’’ and inserting ‘‘for 2013’’. 

(b) MANDATED STUDIES ON PHYSICIAN PAYMENT REFORM.— 

(1) STUDY BY SECRETARY ON OPTIONS FOR BUNDLED OR

EPISODE-BASED PAYMENT.— 

(A) IN GENERAL.—The Secretary of Health and Human 

Services shall conduct a study that examines options for 

bundled or episode-based payments, to cover physicians’ 

services currently paid under the physician fee schedule 

under section 1848 of the Social Security Act (42 U.S.C. 

1395w–4), for one or more prevalent chronic conditions 

(such as cancer, diabetes, and congestive heart failure) 

or episodes of care for one or more major procedures (such 

as medical device implantation). In conducting the study, 

the Secretary shall consult with medical professional societies and other relevant stakeholders. The study shall 

Consultation. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 187 

include an examination of related private payer payment 

initiatives. 

(B) REPORT.—Not later than January 1, 2013, the Secretary shall submit to the Committees on Ways and Means 

and Energy and Commerce of the House of Representatives 

and the Committee on Finance of the Senate a report 

on the study conducted under this paragraph. The Secretary shall include in the report recommendations on suitable alternative payment options for services paid under 

such fee schedule and on associated implementation 

requirements (such as timelines, operational issues, and 

interactions with other payment reform initiatives). 

(2) GAO STUDY OF PRIVATE PAYER INITIATIVES.— (A) IN GENERAL.—The Comptroller General of the 

United States shall conduct a study that examines initiatives of private entities offering or administering health 

insurance coverage, group health plans, or other private 

health benefit plans to base or adjust physician payment 

rates under such coverage or plans for performance on 

quality and efficiency, as well as demonstration of care 

delivery improvement activities (such as adherence to evidence-based guidelines and patient-shared decision making 

programs). In conducting such study, the Comptroller General shall consult, to the extent appropriate, with medical 

professional societies and other relevant stakeholders. 

(B) REPORT.—Not later than January 1, 2013, the 

Comptroller General shall submit to the Committees on 

Ways and Means and Energy and Commerce of the House 

of Representatives and the Committee on Finance of the 

Senate a report on the study conducted under this paragraph. Such report shall include an assessment of the 

applicability of the payer initiatives described in subparagraph (A) to the Medicare program and recommendations 

on modifications to existing Medicare performance-based 

initiatives. 

SEC. 3004. WORK GEOGRAPHIC ADJUSTMENT. 

(a) IN GENERAL.—Section 1848(e)(1)(E) of the Social Security 

Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended by section 303 of 

the Temporary Payroll Tax Cut Continuation Act of 2011 (Public 

Law 112–78), is amended by striking ‘‘before March 1, 2012’’ and 

inserting ‘‘before January 1, 2013’’. 

(b) REPORT.—Not later than June 15, 2013, the Medicare Payment Advisory Commission shall submit to the Committees on 

Ways and Means and Energy and Commerce of the House of Representatives and the Committee on Finance of the Senate a report 

that assesses whether any adjustment under section 1848 of the 

Social Security Act (42 U.S.C. 1395w–4) to distinguish the difference 

in work effort by geographic area is appropriate and, if so, what 

that level should be and where it should be applied. The report 

shall also assess the impact of the work geographic adjustment 

under such section, including the extent to which the floor on 

such adjustment impacts access to care. 

SEC. 3005. PAYMENT FOR OUTPATIENT THERAPY SERVICES. 

(a) APPLICATION OF ADDITIONAL REQUIREMENTS.—Section 

1833(g)(5) of the Social Security Act (42 U.S.C. 1395l(g)(5)), as 

Consultation. 


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126 STAT. 188 PUBLIC LAW 112–96—FEB. 22, 2012 

amended by section 304 of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112–78), is amended— 

(1) by inserting ‘‘(A)’’ after ‘‘(5)’’; 

(2) in the first sentence, by striking ‘‘February 29, 2012’’ 

and inserting ‘‘December 31, 2012’’; 

(3) in the first sentence, by inserting ‘‘and if the requirement of subparagraph (B) is met’’ after ‘‘medically necessary’’; 

(4) in the second sentence, by inserting ‘‘made in accordance 

with such requirement’’ after ‘‘receipt of the request’’; and 

(5) by adding at the end the following new subparagraphs: 

‘‘(B) In the case of outpatient therapy services for which an 

exception is requested under the first sentence of subparagraph 

(A), the claim for such services shall contain an appropriate modifier 

(such as the KX modifier used as of the date of the enactment 

of this subparagraph) indicating that such services are medically 

necessary as justified by appropriate documentation in the medical 

record involved. 

‘‘(C)(i) In applying this paragraph with respect to a request 

for an exception with respect to expenses that would be incurred 

for outpatient therapy services (including services described in subsection (a)(8)(B)) that would exceed the threshold described in clause 

(ii) for a year, the request for such an exception, for services 

furnished on or after October 1, 2012, shall be subject to a manual 

medical review process that is similar to the manual medical review 

process used for certain exceptions under this paragraph in 2006. 

‘‘(ii) The threshold under this clause for a year is $3,700. 

Such threshold shall be applied separately— 

‘‘(I) for physical therapy services and speech-language 

pathology services; and 

‘‘(II) for occupational therapy services.’’. 

(b) TEMPORARY APPLICATION OF THERAPY CAP TO THERAPY FURNISHED AS PART OF HOSPITAL OUTPATIENT SERVICES.—Section 

1833(g) of such Act (42 U.S.C. 1395l(g)) is amended— 

(1) in each of paragraphs (1) and (3), by striking ‘‘but 

not described in section 1833(a)(8)(B)’’ and inserting ‘‘but 

(except as provided in paragraph (6)) not described in subsection 

(a)(8)(B)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(6) In applying paragraphs (1) and (3) to services furnished 

during the period beginning not later than October 1, 2012, and 

ending on December 31, 2012, the exclusion of services described 

in subsection (a)(8)(B) from the uniform dollar limitation specified 

in paragraph (2) shall not apply to such services furnished during 

2012.’’. 

(c) REQUIREMENT FOR INCLUSION ON CLAIMS OF NPI OF PHYSICIAN WHO REVIEWS THERAPY PLAN.—Section 1842(t) of such Act 

(42 U.S.C. 1395u(t)) is amended— 

(1) by inserting ‘‘(1)’’ after ‘‘(t)’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Each request for payment, or bill submitted, for therapy 

services described in paragraph (1) or (3) of section 1833(g), 

including services described in section 1833(a)(8)(B), furnished on 

or after October 1, 2012, for which payment may be made under 

this part shall include the national provider identifier of the physician who periodically reviews the plan for such services under 

section 1861(p)(2).’’. 

Time period. 

Applicability. 

Time period. 

Applicability. 

Time period. 

Review. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 189 

(d) IMPLEMENTATION.—The Secretary of Health and Human 

Services shall implement such claims processing edits and issue 

such guidance as may be necessary to implement the amendments 

made by this section in a timely manner. Notwithstanding any 

other provision of law, the Secretary may implement the amendments made by this section by program instruction. Of the amount 

of funds made available to the Secretary for fiscal year 2012 for 

program management for the Centers for Medicare & Medicaid 

Services, not to exceed $9,375,000 shall be available for such fiscal 

year and the first 3 months of fiscal year 2013 to carry out section 

1833(g)(5)(C) of the Social Security Act (relating to manual medical 

review), as added by subsection (a). 

(e) EFFECTIVE DATE.—The requirement of subparagraph (B) 

of section 1833(g)(5) of the Social Security Act (42 U.S.C. 

1395l(g)(5)), as added by subsection (a), shall apply to services 

furnished on or after March 1, 2012. 

(f) MEDPAC REPORT ON IMPROVED MEDICARE THERAPY BENEFITS.—Not later than June 15, 2013, the Medicare Payment 

Advisory Commission shall submit to the Committees on Energy 

and Commerce and Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a report 

making recommendations on how to improve the outpatient therapy 

benefit under part B of title XVIII of the Social Security Act. 

The report shall include recommendations on how to reform the 

payment system for such outpatient therapy services under such 

part so that the benefit is better designed to reflect individual 

acuity, condition, and therapy needs of the patient. Such report 

shall include an examination of private sector initiatives relating 

to outpatient therapy benefits. 

(g) COLLECTION OF ADDITIONAL DATA.— 

(1) STRATEGY.—The Secretary of Health and Human Services shall implement, beginning on January 1, 2013, a claimsbased data collection strategy that is designed to assist in 

reforming the Medicare payment system for outpatient therapy 

services subject to the limitations of section 1833(g) of the 

Social Security Act (42 U.S.C. 1395l(g)). Such strategy shall 

be designed to provide for the collection of data on patient 

function during the course of therapy services in order to better 

understand patient condition and outcomes. 

(2) CONSULTATION.—In proposing and implementing such 

strategy, the Secretary shall consult with relevant stakeholders. 

(h) GAO REPORT ON MANUAL MEDICAL REVIEW PROCESS

IMPLEMENTATION.—Not later than May 1, 2013, the Comptroller 

General of the United States shall submit to the Committees on 

Energy and Commerce and Ways and Means of the House of Representatives and to the Committee on Finance of the Senate a 

report on the implementation of the manual medical review process 

referred to in section 1833(g)(5)(C) of the Social Security Act, as 

added by subsection (a). Such report shall include aggregate data 

on the number of individuals and claims subject to such process, 

the number of reviews conducted under such process, and the 

outcome of such reviews. 

SEC. 3006. PAYMENT FOR TECHNICAL COMPONENT OF CERTAIN PHYSICIAN PATHOLOGY SERVICES. 

Section 542(c) of the Medicare, Medicaid, and SCHIP Benefits 

Improvement and Protection Act of 2000 (as enacted into law by 

42 USC 1395l 

note. 

Effective date. 

Deadline. 

42 USC 1395l 

note. 

42 USC 1395l 

note. 


dkrause on DSKHT7XVN1PROD with PUBLIC LAWS
126 STAT. 190 PUBLIC LAW 112–96—FEB. 22, 2012 

section 1(a)(6) of Public Law 106–554), as amended by section 

732 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395w–4 note), section 104 of 

division B of the Tax Relief and Health Care Act of 2006 (42 

U.S.C. 1395w–4 note), section 104 of the Medicare, Medicaid, and 

SCHIP Extension Act of 2007 (Public Law 110–173), section 136 

of the Medicare Improvements for Patients and Providers Act of 

2008 (Public Law 110–275), section 3104 of the Patient Protection 

and Affordable Care Act (Public Law 111–148), section 105 of the 

Medicare and Medicaid Extenders Act of 2010 (Public Law 111– 

309), and section 305 of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public Law 112–78), is amended by striking 

‘‘and the first two months of 2012’’ and inserting ‘‘and the first 

six months of 2012’’. 

SEC. 3007. AMBULANCE ADD-ON PAYMENTS. 

(a) GROUND AMBULANCE.—Section 1834(l)(13)(A) of the Social 

Security Act (42 U.S.C. 1395m(l)(13)(A)), as amended by section 

306(a) of the Temporary Payroll Tax Cut Continuation Act of 2011 

(Public Law 112–78), is amended— 

(1) in the matter preceding clause (i), by striking ‘‘March 

1, 2012’’ and inserting ‘‘January 1, 2013’’; and 

(2) in each of clauses (i) and (ii), by striking ‘‘March 1, 

2012’’ and inserting ‘‘January 1, 2013’’ each place it appears. 

(b) AIR AMBULANCE.—Section 146(b)(1) of the Medicare 

Improvements for Patients and Providers Act of 2008 (Public Law 

110–275), as amended by sections 3105(b) and 10311(b) of the 

Patient Protection and Affordable Care Act (Public Law 111–148), 

section 106(b) of the Medicare and Medicaid Extenders Act of 2010 

(Public Law 111–309) and section 306(b) of the Temporary Payroll 

Tax Cut Continuation Act of 2011 (Public Law 112–78), is amended 

by striking ‘‘February 29, 2012’’ and inserting ‘‘December 31, 2012’’. 

(c) SUPER RURAL AMBULANCE.—Section 1834(l)(12)(A) of the 

Social Security Act (42 U.S.C. 1395m(l)(12)(A)), as amended by 

section 306(c) of Temporary Payroll Tax Cut Continuation Act of 

2011 (Public Law 112–78), is amended in the first sentence by 

striking ‘‘March 1, 2012’’ and inserting ‘‘January 1, 2013’’. 

(d) GAO REPORT UPDATE.—Not later than October 1, 2012, 

the Comptroller General of the United States shall update the 

GAO report GAO–07–383 (relating to Ambulance Providers: Costs 

and Expected Medicare Margins Vary Greatly) to reflect current 

costs for ambulance providers. 

(e) MEDPAC REPORT.—The Medicare Payment Advisory 

Commission shall conduct a study of— 

(1) the appropriateness of the add-on payments for ambulance providers under paragraphs (12)(A) and (13)(A) of section 

1834(l) of the Social Security Act (42 U.S.C. 1395m(l)) and 

the treatment of air ambulance providers under section 

146(b)(1) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275); 

(2) the effect these add-on payments and such treatment 

have on the Medicare margins of ambulance providers; and 

(3) whether there is a need to reform the Medicare ambulance fee schedule under such section and, if so, what should 

such reforms be, including whether the add-on payments should 

be included in the base rate. 

Study. 

42 USC 1395m 

note. 

42 USC 1395w–4 

note. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 191 

Not later than June 15, 2013, the Commission shall submit to 

the Committees on Ways and Means and Energy and Commerce 

of the House of Representatives and the Committee on Finance 

of the Senate a report on such study and shall include in the 

report such recommendations as the Commission deems appropriate. 

Subtitle B—Other Health Provisions 

SEC. 3101. QUALIFYING INDIVIDUAL PROGRAM. 

(a) EXTENSION.—Section 1902(a)(10)(E)(iv) of the Social Security 

Act (42 U.S.C. 1396a(a)(10)(E)(iv)), as amended by section 310(a) 

of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public 

Law 112–78), is amended by striking ‘‘February’’ and inserting 

‘‘December’’. 

(b) EXTENDING TOTAL AMOUNT AVAILABLE FOR ALLOCATION.— Section 1933(g) of such Act (42 U.S.C. 1396u–3(g)), as amended 

by section 310(b) of the Temporary Payroll Tax Cut Continuation 

Act of 2011 (Public Law 112–78), is amended— 

(1) in paragraph (2)— 

(A) in subparagraph (P), by striking ‘‘and’’ after the 

semicolon; 

(B) in subparagraph (Q), by striking ‘‘February 29, 2012, the total allocation amount is $150,000,000.’’ and 

inserting ‘‘September 30, 2012, the total allocation amount 

is $450,000,000; and’’; and 

(C) by adding at the end the following new subparagraph: 

‘‘(R) for the period that begins on October 1, 2012, 

and ends on December 31, 2012, the total allocation amount 

is $280,000,000.’’; and 

(2) in paragraph (3), in the matter preceding subparagraph 

(A), by striking ‘‘or (P)’’ and inserting ‘‘(P), or (R)’’. 

SEC. 3102. TRANSITIONAL MEDICAL ASSISTANCE. 

Sections 1902(e)(1)(B) and 1925(f) of the Social Security Act 

(42 U.S.C. 1396a(e)(1)(B), 1396r–6(f)), as amended by section 311 

of the Temporary Payroll Tax Cut Continuation Act of 2011 (Public 

Law 112–78), are each amended by striking ‘‘February 29’’ and 

inserting ‘‘December 31’’. 

Subtitle C—Health Offsets 

SEC. 3201. REDUCTION OF BAD DEBT TREATED AS AN ALLOWABLE 

COST. 

(a) HOSPITALS.—Section 1861(v)(1)(T) of the Social Security Act 

(42 U.S.C. 1395x(v)(1)(T)) is amended— 

(1) in clause (iii), by striking ‘‘and’’ at the end; 

(2) in clause (iv)— 

(A) by striking ‘‘a subsequent fiscal year’’ and inserting 

‘‘fiscal years 2001 through 2012’’; and 

(B) by striking the period at the end and inserting 

‘‘, and’’; and 

(3) by adding at the end the following: 

Time period. 


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126 STAT. 192 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(v) for cost reporting periods beginning during fiscal year 

2013 or a subsequent fiscal year, by 35 percent of such amount 

otherwise allowable.’’. 

(b) SKILLED NURSING FACILITIES.—Section 1861(v)(1)(V) of such 

Act (42 U.S.C. 1395x(v)(1)(V)) is amended— 

(1) in the matter preceding clause (i), by striking ‘‘with 

respect to cost reporting periods beginning on or after October 

1, 2005’’ and inserting ‘‘and (beginning with respect to cost 

reporting periods beginning during fiscal year 2013) for covered 

skilled nursing services described in section 1888(e)(2)(A) furnished by hospital providers of extended care services (as 

described in section 1883)’’; 

(2) in clause (i), by striking ‘‘reduced by’’ and all that 

follows through ‘‘allowable; and’’ and inserting the following: 

‘‘reduced by— 

‘‘(I) for cost reporting periods beginning on or after October 

1, 2005, but before fiscal year 2013, 30 percent of such amount 

otherwise allowable; and 

‘‘(II) for cost reporting periods beginning during fiscal year 

2013 or a subsequent fiscal year, by 35 percent of such amount 

otherwise allowable.’’; and 

(3) in clause (ii), by striking ‘‘such section shall not be 

reduced.’’ and inserting ‘‘such section— 

‘‘(I) for cost reporting periods beginning on or after October 

1, 2005, but before fiscal year 2013, shall not be reduced; 

‘‘(II) for cost reporting periods beginning during fiscal year 

2013, shall be reduced by 12 percent of such amount otherwise 

allowable; 

‘‘(III) for cost reporting periods beginning during fiscal year 

2014, shall be reduced by 24 percent of such amount otherwise 

allowable; and 

‘‘(IV) for cost reporting periods beginning during a subsequent fiscal year, shall be reduced by 35 percent of such amount 

otherwise allowable.’’. 

(c) CERTAIN OTHER PROVIDERS.—Section 1861(v)(1) of such Act 

(42 U.S.C. 1395x(v)(1)) is amended by adding at the end the following new subparagraph: 

‘‘(W)(i) In determining such reasonable costs for providers 

described in clause (ii), the amount of bad debts otherwise treated 

as allowable costs which are attributable to deductibles and coinsurance amounts under this title shall be reduced— 

‘‘(I) for cost reporting periods beginning during fiscal year 

2013, by 12 percent of such amount otherwise allowable; 

‘‘(II) for cost reporting periods beginning during fiscal year 

2014, by 24 percent of such amount otherwise allowable; and 

‘‘(III) for cost reporting periods beginning during a subsequent fiscal year, by 35 percent of such amount otherwise 

allowable. 

‘‘(ii) A provider described in this clause is a provider of services 

not described in subparagraph (T) or (V), a supplier, or any other 

type of entity that receives payment for bad debts under the 

authority under subparagraph (A).’’. 

(d) CONFORMING AMENDMENT FOR HOSPITAL SERVICES.—Section 

4008(c) of the Omnibus Budget Reconciliation Act of 1987 (42 U.S.C. 

1395 note), as amended by section 8402 of the Technical and Miscellaneous Revenue Act of 1988 and section 6023 of the Omnibus 

Budget Reconciliation Act of 1989, is amended by adding at the 

42 USC 1395f 

note. 

Time period. 

Time periods. 

Time periods. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 193 

end the following new sentence: ‘‘Effective for cost reporting periods 

beginning on or after October 1, 2012, the provisions of the previous 

two sentences shall not apply.’’. 

SEC. 3202. REBASE MEDICARE CLINICAL LABORATORY PAYMENT 

RATES. 

Section 1833(h)(2)(A) of the Social Security Act (42 U.S.C. 

1395l(h)(2)(A)) is amended— 

(1) in clause (i), by striking ‘‘paragraph (4)’’ and inserting 

‘‘clause (v), subparagraph (B), and paragraph (4)’’; 

(2) by moving clause (iv), subclauses (I) and (II) of such 

clause, and the flush matter at the end of such clause 6 ems 

to the left; and 

(3) by adding at the end the following new clause: 

‘‘(v) The Secretary shall reduce by 2 percent the fee schedules 

otherwise determined under clause (i) for 2013, and such reduced 

fee schedules shall serve as the base for 2014 and subsequent 

years.’’. 

SEC. 3203. REBASING STATE DSH ALLOTMENTS FOR FISCAL YEAR 2021. 

Section 1923(f) of the Social Security Act (42 U.S.C. 1396r– 

4(f)) is amended— 

(1) by redesignating paragraph (8) as paragraph (9); 

(2) in paragraph (3)(A) by striking ‘‘paragraphs (6) and 

(7)’’ and inserting ‘‘paragraphs (6), (7), and (8)’’; and 

(3) by inserting after paragraph (7) the following new paragraph: 

‘‘(8) REBASING OF STATE DSH ALLOTMENTS FOR FISCAL YEAR

2021.—With respect to fiscal year 2021, for purposes of applying 

paragraph (3)(A) to determine the DSH allotment for a State, 

the amount of the DSH allotment for the State under paragraph 

(3) for fiscal year 2020 shall be equal to the DSH allotment 

as reduced under paragraph (7).’’. 

SEC. 3204. TECHNICAL CORRECTION TO THE DISASTER RECOVERY 

FMAP PROVISION. 

(a) IN GENERAL.—Section 1905(aa) of the Social Security Act 

(42 U.S.C. 1396d(aa)) is amended— 

(1) in paragraph (1)— 

(A) in subparagraph (A), by striking ‘‘the Federal medical assistance percentage determined for the fiscal year’’ 

and all that follows through the period and inserting ‘‘the 

State’s regular FMAP shall be increased by 50 percent 

of the number of percentage points by which the State’s 

regular FMAP for such fiscal year is less than the Federal 

medical assistance percentage determined for the State 

for the preceding fiscal year after the application of only 

subsection (a) of section 5001 of Public Law 111–5 (if 

applicable to the preceding fiscal year) and without regard 

to this subsection, subsections (y) and (z), and subsections 

(b) and (c) of section 5001 of Public Law 111–5.’’; and 

(B) in subparagraph (B), by striking ‘‘Federal medical 

assistance percentage determined for the preceding fiscal 

year’’ and all that follows through the period and inserting 

‘‘State’s regular FMAP for such fiscal year shall be 

increased by 25 percent of the number of percentage points 

by which the State’s regular FMAP for such fiscal year 

Applicability. 

Reduction. 


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126 STAT. 194 PUBLIC LAW 112–96—FEB. 22, 2012 

is less than the Federal medical assistance percentage 

received by the State during the preceding fiscal year.’’; 

(2) in paragraph (2)— 

(A) in subparagraph (A)— 

(i) by striking ‘‘Federal medical assistance percentage determined for the State for the fiscal year’’ and 

all that follows through ‘‘Act,’’ and inserting ‘‘State’s 

regular FMAP for the fiscal year’’; and 

(ii) by striking ‘‘subsection (y)’’ and inserting ‘‘subsections (y) and (z)’’; and 

(B) in subparagraph (B), by striking ‘‘Federal medical 

assistance percentage determined for the State for the fiscal 

year’’ and all that follows through ‘‘Act,’’ and inserting 

‘‘State’s regular FMAP for the fiscal year’’; 

(3) by redesignating paragraph (3) as paragraph (4); and 

(4) by inserting after paragraph (2) the following: 

‘‘(3) In this subsection, the term ‘regular FMAP’ means, for 

each fiscal year for which this subsection applies to a State, the 

Federal medical assistance percentage that would otherwise apply 

to the State for the fiscal year, as determined under subsection 

(b) and without regard to this subsection, subsections (y) and (z), 

and section 10202 of the Patient Protection and Affordable Care 

Act.’’. 

(b) EFFECTIVE DATE.—The amendments made by subsection 

(a) shall take effect on October 1, 2013. 

SEC. 3205. PREVENTION AND PUBLIC HEALTH FUND. 

Section 4002(b) of the Patient Protection and Affordable Care 

Act (42 U.S.C. 300u–11(b)) is amended by striking paragraphs 

(2) through (6) and inserting the following: 

‘‘(2) for each of fiscal years 2012 through 2017, 

$1,000,000,000; 

‘‘(3) for each of fiscal years 2018 and 2019, $1,250,000,000; 

‘‘(4) for each of fiscal years 2020 and 2021, $1,500,000,000; 

and 

‘‘(5) for fiscal year 2022, and each fiscal year thereafter, 

$2,000,000,000.’’. 

TITLE IV—TANF EXTENSION 

SEC. 4001. SHORT TITLE. 

This title may be cited as the ‘‘Welfare Integrity and Data 

Improvement Act’’. 

SEC. 4002. EXTENSION OF PROGRAM. 

(a) FAMILY ASSISTANCE GRANTS.—Section 403(a)(1) of the Social 

Security Act (42 U.S.C. 603(a)(1)) is amended— 

(1) in subparagraph (A), by striking ‘‘each of fiscal years 

1996’’ and all that follows through ‘‘2003’’ and inserting ‘‘fiscal 

year 2012’’; 

(2) in subparagraph (B)— 

(A) by inserting ‘‘(as in effect just before the enactment 

of the Welfare Integrity and Data Improvement Act)’’ after 

‘‘this paragraph’’ the first place it appears; and 

(B) by inserting ‘‘(as so in effect)’’ after ‘‘this paragraph’’ 

the second place it appears; and 

Welfare Integrity 

and Data 

Improvement 

Act. 

42 USC 1305 

note. 

42 USC 1396d 

note. 

Definition. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 195 

(3) in subparagraph (C), by striking ‘‘2003’’ and inserting 

‘‘2012’’. 

(b) HEALTHY MARRIAGE PROMOTION AND RESPONSIBLE FATHERHOOD GRANTS.—Section 403(a)(2)(D) of such Act (42 U.S.C. 

603(a)(2)(D)) is amended by striking ‘‘2011’’ each place it appears 

and inserting ‘‘2012’’. 

(c) MAINTENANCE OF EFFORT REQUIREMENT.—Section 409(a)(7) 

of such Act (42 U.S.C. 609(a)(7)) is amended— 

(1) in subparagraph (A), by striking ‘‘fiscal year’’ and all 

that follows through ‘‘2013’’ and inserting ‘‘a fiscal year’’; and 

(2) in subparagraph (B)(ii)— 

(A) by striking ‘‘for fiscal years 1997 through 2012,’’; 

and 

(B) by striking ‘‘407(a) for the fiscal year,’’ and inserting 

‘‘407(a),’’. 

(d) TRIBAL GRANTS.—Section 412(a) of such Act (42 U.S.C. 

612(a)) is amended in each of paragraphs (1)(A) and (2)(A) by 

striking ‘‘each of fiscal years 1997’’ and all that follows through 

‘‘2003’’ and inserting ‘‘fiscal year 2012’’. 

(e) STUDIES AND DEMONSTRATIONS.—Section 413(h)(1) of such 

Act (42 U.S.C. 613(h)(1)) is amended by striking ‘‘each of fiscal 

years 1997 through 2002’’ and inserting ‘‘fiscal year 2012’’. 

(f) CENSUS BUREAU STUDY.—Section 414(b) of such Act (42 

U.S.C. 614(b)) is amended by striking ‘‘each of fiscal years 1996’’ 

and all that follows through ‘‘2003’’ and inserting ‘‘fiscal year 2012’’. 

(g) CHILD CARE ENTITLEMENT.—Section 418(a)(3) of such Act 

(42 U.S.C. 618(a)(3)) is amended by striking ‘‘appropriated’’ and 

all that follows and inserting ‘‘appropriated $2,917,000,000 for fiscal 

year 2012.’’. 

(h) GRANTS TO TERRITORIES.—Section 1108(b)(2) of such Act 

(42 U.S.C. 1308(b)(2)) is amended by striking ‘‘fiscal years 1997 

through 2003’’ and inserting ‘‘fiscal year 2012’’. 

(i) PREVENTION OF DUPLICATE APPROPRIATIONS FOR FISCAL

YEAR 2012.—Expenditures made pursuant to the Short-Term TANF 

Extension Act (Public Law 112–35) and the Temporary Payroll 

Tax Cut Continuation Act of 2011 (Public Law 112–78) for fiscal 

year 2012 shall be charged to the applicable appropriation or 

authorization provided by the amendments made by this section 

for such fiscal year. 

(j) EFFECTIVE DATE.—This section and the amendments made 

by this section shall take effect on the date of the enactment 

of this Act. 

SEC. 4003. DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY. 

(a) IN GENERAL.—Section 411 of the Social Security Act (42 

U.S.C. 611) is amended by adding at the end the following: 

‘‘(d) DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY.— 

‘‘(1) DATA EXCHANGE STANDARDS.— 

‘‘(A) DESIGNATION.—The Secretary, in consultation 

with an interagency work group which shall be established 

by the Office of Management and Budget, and considering 

State and tribal perspectives, shall, by rule, designate a 

data exchange standard for any category of information 

required to be reported under this part. 

Establishment. 

Regulations. 

42 USC 603 note. 


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126 STAT. 196 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(B) DATA EXCHANGE STANDARDS MUST BE NONPROPRIETARY AND INTEROPERABLE.—The data exchange standard 

designated under subparagraph (A) shall, to the extent 

practicable, be nonproprietary and interoperable. 

‘‘(C) OTHER REQUIREMENTS.—In designating data 

exchange standards under this section, the Secretary shall, 

to the extent practicable, incorporate— 

‘‘(i) interoperable standards developed and maintained by an international voluntary consensus standards body, as defined by the Office of Management 

and Budget, such as the International Organization 

for Standardization; 

‘‘(ii) interoperable standards developed and maintained by intergovernmental partnerships, such as the 

National Information Exchange Model; and 

‘‘(iii) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal 

Acquisition Regulatory Council. 

‘‘(2) DATA EXCHANGE STANDARDS FOR REPORTING.— 

‘‘(A) DESIGNATION.—The Secretary, in consultation 

with an interagency work group established by the Office 

of Management and Budget, and considering State and 

tribal perspectives, shall, by rule, designate data exchange 

standards to govern the data reporting required under 

this part. 

‘‘(B) REQUIREMENTS.—The data exchange standards 

required by subparagraph (A) shall, to the extent practicable— 

‘‘(i) incorporate a widely-accepted, nonproprietary, 

searchable, computer-readable format; 

‘‘(ii) be consistent with and implement applicable 

accounting principles; and 

‘‘(iii) be capable of being continually upgraded as 

necessary. 

‘‘(C) INCORPORATION OF NONPROPRIETARY STANDARDS.— 

In designating reporting standards under this paragraph, 

the Secretary shall, to the extent practicable, incorporate 

existing nonproprietary standards, such as the eXtensible 

Markup Language.’’. 

(b) EFFECTIVE DATES.— 

(1) DATA EXCHANGE STANDARDS.—The Secretary of Health 

and Human Services shall issue a proposed rule under section 

411(d)(1) of the Social Security Act within 12 months after 

the date of the enactment of this section, and shall issue 

a final rule under such section 411(d)(1), after public comment, 

within 24 months after such date of enactment. 

(2) DATA REPORTING STANDARDS.—The reporting standards 

required under section 411(d)(2) of such Act shall become effective with respect to reports required in the first reporting 

period, after the effective date of the final rule referred to 

in paragraph (1) of this subsection, for which the authority 

for data collection and reporting is established or renewed 

under the Paperwork Reduction Act. 

Regulations. 

Deadlines. 

42 USC 611 note. 

Establishment. 

Regulations. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 197 

SEC. 4004. SPENDING POLICIES FOR ASSISTANCE UNDER STATE TANF 

PROGRAMS. 

(a) STATE REQUIREMENT.—Section 408(a) of the Social Security 

Act (42 U.S.C. 608(a)) is amended by adding at the end the following: 

‘‘(12) STATE REQUIREMENT TO PREVENT UNAUTHORIZED

SPENDING OF BENEFITS.— 

‘‘(A) IN GENERAL.—A State to which a grant is made 

under section 403 shall maintain policies and practices 

as necessary to prevent assistance provided under the State 

program funded under this part from being used in any 

electronic benefit transfer transaction in— 

‘‘(i) any liquor store; 

‘‘(ii) any casino, gambling casino, or gaming 

establishment; or 

‘‘(iii) any retail establishment which provides 

adult-oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. 

‘‘(B) DEFINITIONS.—For purposes of subparagraph (A)— 

‘‘(i) LIQUOR STORE.—The term ‘liquor store’ means 

any retail establishment which sells exclusively or primarily intoxicating liquor. Such term does not include 

a grocery store which sells both intoxicating liquor 

and groceries including staple foods (within the 

meaning of section 3(r) of the Food and Nutrition Act 

of 2008 (7 U.S.C. 2012(r))). 

‘‘(ii) CASINO, GAMBLING CASINO, OR GAMING

ESTABLISHMENT.—The terms ‘casino’, ‘gambling casino’, 

and ‘gaming establishment’ do not include— 

‘‘(I) a grocery store which sells groceries 

including such staple foods and which also offers, 

or is located within the same building or complex 

as, casino, gambling, or gaming activities; or 

‘‘(II) any other establishment that offers 

casino, gambling, or gaming activities incidental 

to the principal purpose of the business. 

‘‘(iii) ELECTRONIC BENEFIT TRANSFER TRANSACTION.—The term ‘electronic benefit transfer transaction’ means the use of a credit or debit card service, 

automated teller machine, point-of-sale terminal, or 

access to an online system for the withdrawal of funds 

or the processing of a payment for merchandise or 

a service.’’. 

(b) PENALTY.—Section 409(a) of such Act (42 U.S.C. 609(a)) 

is amended by adding at the end the following: 

‘‘(16) PENALTY FOR FAILURE TO ENFORCE SPENDING POLICIES.— 

‘‘(A) IN GENERAL.—If, within 2 years after the date 

of the enactment of this paragraph, any State has not 

reported to the Secretary on such State’s implementation 

of the policies and practices required by section 408(a)(12), 

or the Secretary determines, based on the information provided in State reports, that any State has not implemented 

and maintained such policies and practices, the Secretary 

shall reduce, by an amount equal to 5 percent of the 

Time period. 

Determination. 

Reduction. 


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126 STAT. 198 PUBLIC LAW 112–96—FEB. 22, 2012 

State family assistance grant, the grant payable to such 

State under section 403(a)(1) for— 

‘‘(i) the fiscal year immediately succeeding the year 

in which such 2-year period ends; and 

‘‘(ii) each succeeding fiscal year in which the State 

does not demonstrate that such State has implemented 

and maintained such policies and practices. 

‘‘(B) REDUCTION OF APPLICABLE PENALTY.—The Secretary may reduce the amount of the reduction required 

under subparagraph (A) based on the degree of noncompliance of the State. 

‘‘(C) STATE NOT RESPONSIBLE FOR INDIVIDUAL VIOLATIONS.—Fraudulent activity by any individual in an 

attempt to circumvent the policies and practices required 

by section 408(a)(12) shall not trigger a State penalty under 

subparagraph (A).’’. 

(c) ADDITIONAL STATE PLAN REQUIREMENTS.—Section 

402(a)(1)(A) of such Act (42 U.S.C. 602(a)(1)(A)) is amended by 

adding at the end the following: 

‘‘(vii) Implement policies and procedures as necessary to prevent access to assistance provided under 

the State program funded under this part through 

any electronic fund transaction in an automated teller 

machine or point-of-sale device located in a place 

described in section 408(a)(12), including a plan to 

ensure that recipients of the assistance have adequate 

access to their cash assistance. 

‘‘(viii) Ensure that recipients of assistance provided 

under the State program funded under this part have 

access to using or withdrawing assistance with 

minimal fees or charges, including an opportunity to 

access assistance with no fee or charges, and are provided information on applicable fees and surcharges 

that apply to electronic fund transactions involving 

the assistance, and that such information is made publicly available.’’. 

(d) CONFORMING AMENDMENT.—Section 409(c)(4) of such Act 

(42 U.S.C. 609(c)(4)) is amended by striking ‘‘or (13)’’ and inserting 

‘‘(13), or (16)’’. 

SEC. 4005. TECHNICAL CORRECTIONS. 

(a) Section 404(d)(1)(A) of the Social Security Act (42 U.S.C. 

604(d)(1)(A)) is amended by striking ‘‘subtitle 1 of Title’’ and 

inserting ‘‘Subtitle A of title’’. 

(b) Sections 407(c)(2)(A)(i) and 409(a)(3)(C) of such Act (42 

U.S.C. 607(c)(2)(A)(i) and 609(a)(3)(C)) are each amended by striking 

‘‘403(b)(6)’’ and inserting ‘‘403(b)(5)’’. 

(c) Section 409(a)(2)(A) of such Act (42 U.S.C. 609(a)(2)(A)) 

is amended by moving clauses (i) and (ii) 2 ems to the right. 

(d) Section 409(c)(2) of such Act (42 U.S.C. 609(c)(2)) is amended 

by inserting a comma after ‘‘appropriate’’. 

(e) Section 411(a)(1)(A)(ii)(III) of such Act (42 U.S.C. 

611(a)(1)(A)(ii)(III)) is amended by striking the last close parenthesis. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 199 

TITLE V—FEDERAL EMPLOYEES 

RETIREMENT 

SEC. 5001. INCREASE IN CONTRIBUTIONS TO FEDERAL EMPLOYEES’ 

RETIREMENT SYSTEM FOR NEW EMPLOYEES. 

(a) DEFINITIONS.—Section 8401 of title 5, United States Code, 

is amended— 

(1) in paragraph (35), by striking ‘‘and’’ at the end; 

(2) in paragraph (36), by striking the period and inserting 

‘‘; and’’; and 

(3) by adding at the end the following: 

‘‘(37) the term ‘revised annuity employee’ means any individual who— 

‘‘(A) on December 31, 2012— 

‘‘(i) is not an employee or Member covered under 

this chapter; 

‘‘(ii) is not performing civilian service which is 

creditable service under section 8411; and 

‘‘(iii) has less than 5 years of creditable civilian 

service under section 8411; and 

‘‘(B) after December 31, 2012, becomes employed as 

an employee or becomes a Member covered under this 

chapter performing service which is creditable service 

under section 8411.’’. 

(b) INCREASE IN CONTRIBUTIONS.—Section 8422(a)(3) of title 

5, United States Code, is amended— 

(1) by striking ‘‘The applicable percentage under this paragraph for civilian service’’ and inserting ‘‘(A) The applicable 

percentage under this paragraph for civilian service by 

employees or Members other than revised annuity employees’’; 

and 

(2) by adding at the end the following: 

‘‘(B) The applicable percentage under this paragraph for civilian 

service by revised annuity employees shall be as follows: 

‘‘Employee 9.3 After December 31, 2012. 

Congressional employee 9.3 After December 31, 2012. 

Member 9.3 After December 31, 2012. 

Law enforcement officer, fire- fighter, member of the Capitol 

Police, member of the Supreme Court Police, or air 

traffic controller 

9.8 After December 31, 2012. 

Nuclear materials courier 9.8 After December 31, 2012. 

Customs and border protection officer 9.8 After December 31, 2012.’’. 

(c) REDUCTION IN CONGRESSIONAL ANNUITIES.— (1) IN GENERAL.—Section 8415 of title 5, United States 

Code, is amended— 

(A) by redesignating subsections (d) through (m) as 

subsections (e) through (n), respectively; and 

(B) by inserting after subsection (c) the following: 

‘‘(d) Notwithstanding any other provision of law, the annuity 

of an individual described in subsection (b) or (c) who is a revised 

annuity employee shall be computed in the same manner as in 

the case of an individual described in subsection (a).’’. 

(2) TECHNICAL AND CONFORMING AMENDMENTS.— 


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126 STAT. 200 PUBLIC LAW 112–96—FEB. 22, 2012 

(A) Section 8422(d)(2) of title 5, United States Code, 

is amended by striking ‘‘section 8415(l)’’ and inserting ‘‘section 8415(m)’’. 

(B) Section 8452(d)(1) of title 5, United States Code, 

is amended by striking ‘‘subsection (g)’’ and inserting ‘‘subsection (h)’’. 

(C) Section 8468(b)(1)(A) of title 5, United States Code, 

is amended by striking ‘‘section 8415(a) through (h)’’ and 

inserting ‘‘section 8415(a) through (i)’’. 

(D) Section 805(a)(2)(B) of the Foreign Service Act of 

1980 (22 U.S.C. 4045(a)(2)(B)) is amended by striking ‘‘section 8415(d)’’ and inserting ‘‘section 8415(e)’’. 

(E) Section 806(a) of the Foreign Service Act of 1980 

(22 U.S.C. 4046(a)) is amended by striking ‘‘section 8415(d)’’ 

each place it appears and inserting ‘‘section 8415(e)’’. 

(F) Section 855(b) of the Foreign Service Act of 1980 

(22 U.S.C. 4071d(b)) is amended— 

(i) in paragraph (2)(A), by striking ‘‘section 

8415(d)(1)’’ and inserting ‘‘section 8415(e)(1)’’; and 

(ii) in paragraph (5), by striking ‘‘section 8415(f)(1)’’ 

and inserting ‘‘section 8415(g)(1)’’. 

(G) Section 303(b)(1) of the Central Intelligence Agency 

Retirement Act (50 U.S.C. 2153(b)(1)) is amended by 

striking ‘‘section 8415(d)’’ and inserting ‘‘section 8415(e)’’. 

SEC. 5002. FOREIGN SERVICE PENSION SYSTEM. 

(a) DEFINITION.—Section 852 of the Foreign Service Act of 

1980 (22 U.S.C. 4071a) is amended— 

(1) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and 

(2) by inserting after paragraph (6) the following: 

‘‘(7) the term ‘revised annuity participant’ means any individual who— 

‘‘(A) on December 31, 2012— 

‘‘(i) is not a participant; 

‘‘(ii) is not performing service which is creditable 

service under section 854; and 

‘‘(iii) has less than 5 years creditable service under 

section 854; and 

‘‘(B) after December 31, 2012, becomes a participant 

performing service which is creditable service under section 

854;’’. 

(b) DEDUCTIONS AND WITHHOLDINGS FROM PAY.—Section 

856(a)(2) of the Foreign Service Act of 1980 (22 U.S.C. 4071e(a)(2)) 

is amended— 

(1) by striking ‘‘The applicable percentage under this subsection’’ and inserting ‘‘(A) The applicable percentage for a 

participant other than a revised annuity participant’’; and 

(2) by adding at the end the following: 

‘‘(B) The applicable percentage for a revised annuity participant 

shall be as follows: 

‘‘9.85 ..................................... After December 31, 2012’’. 

SEC. 5003. CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM. 

Section 211(a) of the Central Intelligence Agency Retirement 

Act (50 U.S.C. 2021(a)) is amended— 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 201 

(1) by redesignating paragraph (3) as paragraph (4); and 

(2) by striking paragraphs (1) and (2) and inserting the 

following: 

‘‘(1) DEFINITION.—In this subsection, the term ‘revised 

annuity participant’ means an individual who— 

‘‘(A) on December 31, 2012— 

‘‘(i) is not a participant; 

‘‘(ii) is not performing qualifying service; and 

‘‘(iii) has less than 5 years of qualifying service; 

and 

‘‘(B) after December 31, 2012, becomes a participant 

performing qualifying service. 

‘‘(2) CONTRIBUTIONS.— 

‘‘(A) IN GENERAL.—Except as provided in subsection 

(d), 7 percent of the basic pay received by a participant 

other than a revised annuity participant for any pay period 

shall be deducted and withheld from the pay of that participant and contributed to the fund. 

‘‘(B) REVISED ANNUITY PARTICIPANTS.—Except as provided in subsection (d), 9.3 percent of the basic pay received 

by a revised annuity participant for any pay period shall 

be deducted and withheld from the pay of that revised 

annuity participant and contributed to the fund. 

‘‘(3) AGENCY CONTRIBUTIONS.— 

‘‘(A) IN GENERAL.—An amount equal to 7 percent of 

the basic pay received by a participant other than a revised 

annuity participant shall be contributed to the fund for 

a pay period for the participant from the appropriation 

or fund which is used for payment of the participant’s 

basic pay. 

‘‘(B) REVISED ANNUITY PARTICIPANTS.—An amount 

equal to 4.7 percent of the basic pay received by a revised 

annuity participant shall be contributed to the fund for 

a pay period for the revised annuity participant from the 

appropriation or fund which is used for payment of the 

revised annuity participant’s basic pay.’’. 

TITLE VI—PUBLIC SAFETY COMMUNICATIONS AND ELECTROMAGNETIC 

SPECTRUM AUCTIONS 

SEC. 6001. DEFINITIONS. 

In this title: 

(1) 700 MHZ BAND.—The term ‘‘700 MHz band’’ means 

the portion of the electromagnetic spectrum between the frequencies from 698 megahertz to 806 megahertz. 

(2) 700 MHZ D BLOCK SPECTRUM.—The term ‘‘700 MHz 

D block spectrum’’ means the portion of the electromagnetic 

spectrum between the frequencies from 758 megahertz to 763 

megahertz and between the frequencies from 788 megahertz 

to 793 megahertz. 

(3) APPROPRIATE COMMITTEES OF CONGRESS.—Except as 

otherwise specifically provided, the term ‘‘appropriate committees of Congress’’ means— 

47 USC 1401. 


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126 STAT. 202 PUBLIC LAW 112–96—FEB. 22, 2012 

(A) the Committee on Commerce, Science, and 

Transportation of the Senate; and 

(B) the Committee on Energy and Commerce of the 

House of Representatives. 

(4) ASSISTANT SECRETARY.—The term ‘‘Assistant Secretary’’ 

means the Assistant Secretary of Commerce for Communications and Information. 

(5) BOARD.—The term ‘‘Board’’ means the Board of the 

First Responder Network Authority established under section 

6204(b). 

(6) BROADCAST TELEVISION LICENSEE.—The term ‘‘broadcast 

television licensee’’ means the licensee of— 

(A) a full-power television station; or 

(B) a low-power television station that has been 

accorded primary status as a Class A television licensee 

under section 73.6001(a) of title 47, Code of Federal Regulations. 

(7) BROADCAST TELEVISION SPECTRUM.—The term ‘‘broadcast television spectrum’’ means the portions of the electromagnetic spectrum between the frequencies from 54 megahertz 

to 72 megahertz, from 76 megahertz to 88 megahertz, from 

174 megahertz to 216 megahertz, and from 470 megahertz 

to 698 megahertz. 

(8) COMMERCIAL MOBILE DATA SERVICE.—The term 

‘‘commercial mobile data service’’ means any mobile service 

(as defined in section 3 of the Communications Act of 1934 

(47 U.S.C. 153)) that is— 

(A) a data service; 

(B) provided for profit; and 

(C) available to the public or such classes of eligible 

users as to be effectively available to a substantial portion 

of the public, as specified by regulation by the Commission. 

(9) COMMERCIAL MOBILE SERVICE.—The term ‘‘commercial 

mobile service’’ has the meaning given such term in section 

332 of the Communications Act of 1934 (47 U.S.C. 332). 

(10) COMMERCIAL STANDARDS.—The term ‘‘commercial 

standards’’ means the technical standards followed by the 

commercial mobile service and commercial mobile data service 

industries for network, device, and Internet Protocol 

connectivity. Such term includes standards developed by the 

Third Generation Partnership Project (3GPP), the Institute of 

Electrical and Electronics Engineers (IEEE), the Alliance for 

Telecommunications Industry Solutions (ATIS), the Internet 

Engineering Task Force (IETF), and the International Telecommunication Union (ITU). 

(11) COMMISSION.—The term ‘‘Commission’’ means the Federal Communications Commission. 

(12) CORE NETWORK.—The term ‘‘core network’’ means the 

core network described in section 6202(b)(1). 

(13) EMERGENCY CALL.—The term ‘‘emergency call’’ means 

any real-time communication with a public safety answering 

point or other emergency management or response agency, 

including— 

(A) through voice, text, or video and related data; and 

(B) nonhuman-initiated automatic event alerts, such 

as alarms, telematics, or sensor data, which may also 

include real-time voice, text, or video communications. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 203 

(14) EXISTING PUBLIC SAFETY BROADBAND SPECTRUM.—The 

term ‘‘existing public safety broadband spectrum’’ means the 

portion of the electromagnetic spectrum between the frequencies— 

(A) from 763 megahertz to 768 megahertz; 

(B) from 793 megahertz to 798 megahertz; 

(C) from 768 megahertz to 769 megahertz; and 

(D) from 798 megahertz to 799 megahertz. 

(15) FIRST RESPONDER NETWORK AUTHORITY.—The term 

‘‘First Responder Network Authority’’ means the First 

Responder Network Authority established under section 6204. 

(16) FORWARD AUCTION.—The term ‘‘forward auction’’ 

means the portion of an incentive auction of broadcast television 

spectrum under section 6403(c). 

(17) INCENTIVE AUCTION.—The term ‘‘incentive auction’’ 

means a system of competitive bidding under subparagraph 

(G) of section 309(j)(8) of the Communications Act of 1934, 

as added by section 6402. 

(18) INTEROPERABILITY BOARD.—The term ‘‘Interoperability 

Board’’ means the Technical Advisory Board for First Responder 

Interoperability established under section 6203. 

(19) MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR.— 

The term ‘‘multichannel video programming distributor’’ has 

the meaning given such term in section 602 of the Communications Act of 1934 (47 U.S.C. 522). 

(20) NARROWBAND SPECTRUM.—The term ‘‘narrowband 

spectrum’’ means the portion of the electromagnetic spectrum 

between the frequencies from 769 megahertz to 775 megahertz 

and between the frequencies from 799 megahertz to 805 megahertz. 

(21) NATIONWIDE PUBLIC SAFETY BROADBAND NETWORK.— 

The term ‘‘nationwide public safety broadband network’’ means 

the nationwide, interoperable public safety broadband network 

described in section 6202. 

(22) NEXT GENERATION 9–1–1 SERVICES.—The term ‘‘Next 

Generation 9–1–1 services’’ means an IP-based system comprised of hardware, software, data, and operational policies 

and procedures that— 

(A) provides standardized interfaces from emergency 

call and message services to support emergency communications; 

(B) processes all types of emergency calls, including 

voice, text, data, and multimedia information; 

(C) acquires and integrates additional emergency call 

data useful to call routing and handling; 

(D) delivers the emergency calls, messages, and data 

to the appropriate public safety answering point and other 

appropriate emergency entities; 

(E) supports data or video communications needs for 

coordinated incident response and management; and 

(F) provides broadband service to public safety 

answering points or other first responder entities. 

(23) NIST.—The term ‘‘NIST’’ means the National Institute 

of Standards and Technology. 

(24) NTIA.—The term ‘‘NTIA’’ means the National Telecommunications and Information Administration. 


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126 STAT. 204 PUBLIC LAW 112–96—FEB. 22, 2012 

(25) PUBLIC SAFETY ANSWERING POINT.—The term ‘‘public 

safety answering point’’ has the meaning given such term in 

section 222 of the Communications Act of 1934 (47 U.S.C. 

222). 

(26) PUBLIC SAFETY ENTITY.—The term ‘‘public safety 

entity’’ means an entity that provides public safety services. 

(27) PUBLIC SAFETY SERVICES.—The term ‘‘public safety 

services’’— 

(A) has the meaning given the term in section 337(f) 

of the Communications Act of 1934 (47 U.S.C. 337(f)); and 

(B) includes services provided by emergency response 

providers, as that term is defined in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101). 

(28) PUBLIC SAFETY TRUST FUND.—The term ‘‘Public Safety 

Trust Fund’’ means the trust fund established under section 

6413(a)(1). 

(29) RADIO ACCESS NETWORK.—The term ‘‘radio access network’’ means the radio access network described in section 

6202(b)(2). 

(30) REVERSE AUCTION.—The term ‘‘reverse auction’’ means 

the portion of an incentive auction of broadcast television spectrum under section 6403(a), in which a broadcast television 

licensee may submit bids stating the amount it would accept 

for voluntarily relinquishing some or all of its broadcast television spectrum usage rights. 

(31) STATE.—The term ‘‘State’’ has the meaning given such 

term in section 3 of the Communications Act of 1934 (47 U.S.C. 

153). 

(32) ULTRA HIGH FREQUENCY.—The term ‘‘ultra high frequency’’ means, with respect to a television channel, that the 

channel is located in the portion of the electromagnetic spectrum between the frequencies from 470 megahertz to 698 megahertz. 

(33) VERY HIGH FREQUENCY.—The term ‘‘very high frequency’’ means, with respect to a television channel, that the 

channel is located in the portion of the electromagnetic spectrum between the frequencies from 54 megahertz to 72 megahertz, from 76 megahertz to 88 megahertz, or from 174 megahertz to 216 megahertz. 

SEC. 6002. RULE OF CONSTRUCTION. 

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

range. 

SEC. 6003. ENFORCEMENT. 

(a) IN GENERAL.—The Commission shall implement and enforce 

this title as if this title is a part of the Communications Act 

of 1934 (47 U.S.C. 151 et seq.). A violation of this title, or a 

regulation promulgated under this title, shall be considered to be 

a violation of the Communications Act of 1934, or a regulation 

promulgated under such Act, respectively. 

(b) EXCEPTIONS.— 

(1) OTHER AGENCIES.—Subsection (a) does not apply in 

the case of a provision of this title that is expressly required 

to be carried out by an agency (as defined in section 551 

of title 5, United States Code) other than the Commission. 

47 USC 1403. 

47 USC 1402. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 205 

(2) NTIA REGULATIONS.—The Assistant Secretary may 

promulgate such regulations as are necessary to implement 

and enforce any provision of this title that is expressly required 

to be carried out by the Assistant Secretary. 

SEC. 6004. NATIONAL SECURITY RESTRICTIONS ON USE OF FUNDS 

AND AUCTION PARTICIPATION. 

(a) USE OF FUNDS.—No funds made available by subtitle B 

or C may be used to make payments under a contract to a person 

described in subsection (c). 

(b) AUCTION PARTICIPATION.—A person described in subsection 

(c) may not participate in a system of competitive bidding under 

section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j))— 

(1) that is required to be conducted by this title; or 

(2) in which any spectrum usage rights for which licenses 

are being assigned were made available under clause (i) of 

subparagraph (G) of paragraph (8) of such section, as added 

by section 6402. 

(c) PERSON DESCRIBED.—A person described in this subsection 

is a person who has been, for reasons of national security, barred 

by any agency of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. 

Subtitle A—Reallocation of Public Safety 

Spectrum 

SEC. 6101. REALLOCATION OF D BLOCK TO PUBLIC SAFETY. 

(a) IN GENERAL.—The Commission shall reallocate the 700 

MHz D block spectrum for use by public safety entities in accordance 

with the provisions of this Act. 

(b) SPECTRUM ALLOCATION.—Section 337(a) of the Communications Act of 1934 (47 U.S.C. 337(a)) is amended— 

(1) by striking ‘‘24’’ in paragraph (1) and inserting ‘‘34’’; 

and 

(2) by striking ‘‘36’’ in paragraph (2) and inserting ‘‘26’’. 

SEC. 6102. FLEXIBLE USE OF NARROWBAND SPECTRUM. 

The Commission may allow the narrowband spectrum to be 

used in a flexible manner, including usage for public safety 

broadband communications, subject to such technical and interference protection measures as the Commission may require. 

SEC. 6103. 470–512 MHZ PUBLIC SAFETY SPECTRUM. 

(a) IN GENERAL.—Not later than 9 years after the date of 

enactment of this title, the Commission shall— 

(1) reallocate the spectrum in the 470–512 MHz band 

(referred to in this section as the ‘‘T-Band spectrum’’) currently 

used by public safety eligibles as identified in section 90.303 

of title 47, Code of Federal Regulations; and 

(2) begin a system of competitive bidding under section 

309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) 

to grant new initial licenses for the use of the spectrum 

described in paragraph (1). 

(b) AUCTION PROCEEDS.—Proceeds (including deposits and 

upfront payments from successful bidders) from the competitive 

bidding system described in subsection (a)(2) shall be available 

Grants. 

Deadline. 

47 USC 1413. 

47 USC 1412. 

47 USC 1411. 

47 USC 1404. 


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126 STAT. 206 PUBLIC LAW 112–96—FEB. 22, 2012 

to the Assistant Secretary to make grants in such sums as necessary 

to cover relocation costs for the relocation of public safety entities 

from the T-Band spectrum. 

(c) RELOCATION.—Relocation shall be completed not later than 

2 years after the date on which the system of competitive bidding 

described in subsection (a)(2) is completed. 

Subtitle B—Governance of Public Safety 

Spectrum 

SEC. 6201. SINGLE PUBLIC SAFETY WIRELESS NETWORK LICENSEE. 

(a) REALLOCATION AND GRANT OF LICENSE.—Notwithstanding 

any other provision of law, and subject to the provisions of this 

Act, the Commission shall reallocate and grant a license to the 

First Responder Network Authority for the use of the 700 MHz 

D block spectrum and existing public safety broadband spectrum. 

(b) TERM OF LICENSE.— 

(1) INITIAL LICENSE.—The license granted under subsection 

(a) shall be for an initial term of 10 years from the date 

of the initial issuance of the license. 

(2) RENEWAL OF LICENSE.—Prior to expiration of the term 

of the initial license granted under subsection (a) or the expiration of any subsequent renewal of such license, the First 

Responder Network Authority shall submit to the Commission 

an application for the renewal of such license. Such renewal 

application shall demonstrate that, during the preceding license 

term, the First Responder Network Authority has met the 

duties and obligations set forth under this Act. A renewal 

license granted under this paragraph shall be for a term of 

not to exceed 10 years. 

(c) FACILITATION OF TRANSITION.—The Commission shall take 

all actions necessary to facilitate the transition of the existing 

public safety broadband spectrum to the First Responder Network 

Authority. 

SEC. 6202. PUBLIC SAFETY BROADBAND NETWORK. 

(a) ESTABLISHMENT.—The First Responder Network Authority 

shall ensure the establishment of a nationwide, interoperable public 

safety broadband network. 

(b) NETWORK COMPONENTS.—The nationwide public safety 

broadband network shall be based on a single, national network 

architecture that evolves with technological advancements and initially consists of— 

(1) a core network that— 

(A) consists of national and regional data centers, and 

other elements and functions that may be distributed geographically, all of which shall be based on commercial 

standards; and 

(B) provides the connectivity between— 

(i) the radio access network; and 

(ii) the public Internet or the public switched network, or both; and 

(2) a radio access network that— 

(A) consists of all cell site equipment, antennas, and 

backhaul equipment, based on commercial standards, that 

47 USC 1422. 

47 USC 1421. 

Deadline. 


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are required to enable wireless communications with 

devices using the public safety broadband spectrum; and 

(B) shall be developed, constructed, managed, maintained, and operated taking into account the plans developed in the State, local, and tribal planning and 

implementation grant program under section 6302(a). 

SEC. 6203. PUBLIC SAFETY INTEROPERABILITY BOARD. 

(a) ESTABLISHMENT.—There is established within the Commission an advisory board to be known as the ‘‘Technical Advisory 

Board for First Responder Interoperability’’. 

(b) MEMBERSHIP.— 

(1) IN GENERAL.— 

(A) VOTING MEMBERS.—Not later than 30 days after 

the date of enactment of this title, the Chairman of the 

Commission shall appoint 14 voting members to the Interoperability Board, of which— 

(i) 4 members shall be representatives of wireless 

providers, of which— 

(I) 2 members shall be representatives of 

national wireless providers; 

(II) 1 member shall be a representative of 

regional wireless providers; and 

(III) 1 member shall be a representative of 

rural wireless providers; 

(ii) 3 members shall be representatives of equipment manufacturers; 

(iii) 4 members shall be representatives of public 

safety entities, of which— 

(I) not less than 1 member shall be a representative of management level employees of 

public safety entities; and 

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

(iv) 3 members shall be representatives of State 

and local governments, chosen to reflect geographic 

and population density differences across the United 

States; and 

(v) all members shall have specific expertise necessary to developing technical requirements under this 

section, such as technical expertise, public safety 

communications expertise, and commercial network 

experience. 

(B) NON-VOTING MEMBER.—The Assistant Secretary 

shall appoint 1 non-voting member to the Interoperability 

Board. 

(2) PERIOD OF APPOINTMENT.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), members of the Interoperability Board shall be 

appointed for the life of the Interoperability Board. 

(B) REMOVAL FOR CAUSE.—A member of the Interoperability Board may be removed for cause upon the determination of the Chairman of the Commission. 

(3) VACANCIES.—Any vacancy in the Interoperability Board 

shall not affect the powers of the Interoperability Board, and 

shall be filled in the same manner as the original appointment. 

47 USC 1423. 


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(4) CHAIRPERSON AND VICE CHAIRPERSON.—The Interoperability Board shall select a Chairperson and Vice Chairperson 

from among the members of the Interoperability Board. 

(5) QUORUM.—A majority of the members of the Interoperability Board shall constitute a quorum. 

(c) DUTIES OF THE INTEROPERABILITY BOARD.— (1) DEVELOPMENT OF TECHNICAL REQUIREMENTS.—Not later 

than 90 days after the date of enactment of this Act, the 

Interoperability Board, in consultation with the NTIA, NIST, 

and the Office of Emergency Communications of the Department of Homeland Security, shall— 

(A) develop recommended minimum technical requirements to ensure a nationwide level of interoperability for 

the nationwide public safety broadband network; and 

(B) submit to the Commission for review in accordance 

with paragraph (3) recommended minimum technical 

requirements described in subparagraph (A). 

(2) CONSIDERATION.—In developing recommended minimum technical requirements under paragraph (1), the Interoperability Board shall base the recommended minimum technical requirements on the commercial standards for Long Term 

Evolution (LTE) service. 

(3) APPROVAL OF RECOMMENDATIONS.— 

(A) IN GENERAL.—Not later than 30 days after the 

date on which the Interoperability Board submits recommended minimum technical requirements under paragraph (1)(B), the Commission shall approve the recommendations, with any revisions it deems necessary, and 

transmit such recommendations to the First Responder 

Network Authority. 

(B) REVIEW.—Any actions taken under subparagraph 

(A) shall not be reviewable as a final agency action. 

(d) TRAVEL EXPENSES.—The members of the Interoperability 

Board shall be allowed travel expenses, including per diem in 

lieu of subsistence, at rates authorized for employees of agencies 

under subchapter I of chapter 57 of title 5, United States Code, 

while away from their homes or regular places of business in 

the performance of services for the Interoperability Board. 

(e) EXEMPTION FROM FACA.—The Federal Advisory Committee 

Act (5 U.S.C. App.) shall not apply to the Interoperability Board. 

(f) TERMINATION OF AUTHORITY.—The Interoperability Board 

shall terminate 15 days after the date on which the Commission 

transmits the recommendations to the First Responder Network 

Authority under subsection (c)(3)(A). 

SEC. 6204. ESTABLISHMENT OF THE FIRST RESPONDER NETWORK 

AUTHORITY. 

(a) ESTABLISHMENT.—There is established as an independent 

authority within the NTIA the ‘‘First Responder Network Authority’’ 

or ‘‘FirstNet’’. 

(b) BOARD.— (1) IN GENERAL.—The First Responder Network Authority 

shall be headed by a Board, which shall consist of— 

(A) the Secretary of Homeland Security; 

(B) the Attorney General of the United States; 

(C) the Director of the Office of Management and 

Budget; and 

47 USC 1424. 

Deadline. 

Deadline. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 209 

(D) 12 individuals appointed by the Secretary of Commerce in accordance with paragraph (2). 

(2) APPOINTMENTS.— 

(A) IN GENERAL.—In making appointments under paragraph (1)(D), the Secretary of Commerce shall— 

(i) appoint not fewer than 3 individuals to represent the collective interests of the States, localities, 

tribes, and territories; 

(ii) seek to ensure geographic and regional representation of the United States in such appointments; 

(iii) seek to ensure rural and urban representation 

in such appointments; and 

(iv) appoint not fewer than 3 individuals who have 

served as public safety professionals. 

(B) REQUIRED QUALIFICATIONS.— 

(i) IN GENERAL.—Each member appointed under 

paragraph (1)(D) should meet not less than 1 of the 

following criteria: 

(I) PUBLIC SAFETY EXPERIENCE.—Knowledge 

and experience in the use of Federal, State, local, 

or tribal public safety or emergency response. 

(II) TECHNICAL EXPERTISE.—Technical expertise and fluency regarding broadband communications, including public safety communications. 

(III) NETWORK EXPERTISE.—Expertise in 

building, deploying, and operating commercial telecommunications networks. 

(IV) FINANCIAL EXPERTISE.—Expertise in 

financing and funding telecommunications networks. 

(ii) EXPERTISE TO BE REPRESENTED.—In making 

appointments under paragraph (1)(D), the Secretary 

of Commerce shall appoint— 

(I) not fewer than 1 individual who satisfies 

the requirement under subclause (II) of clause (i); 

(II) not fewer than 1 individual who satisfies 

the requirement under subclause (III) of clause 

(i); and 

(III) not fewer than 1 individual who satisfies 

the requirement under subclause (IV) of clause 

(i). 

(C) CITIZENSHIP.—No individual other than a citizen 

of the United States may serve as a member of the Board. 

(c) TERMS OF APPOINTMENT.— 

(1) INITIAL APPOINTMENT DEADLINE.—Members of the Board 

shall be appointed not later than 180 days after the date 

of the enactment of this title. 

(2) TERMS.— 

(A) LENGTH.— 

(i) IN GENERAL.—Each member of the Board 

described in subparagraphs (A) through (C) of subsection (b)(1) shall serve as a member of the Board 

for the life of the First Responder Network Authority. 

(ii) APPOINTED INDIVIDUALS.—The term of office 

of each individual appointed to be a member of the 

Board under subsection (b)(1)(D) shall be 3 years. No 


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126 STAT. 210 PUBLIC LAW 112–96—FEB. 22, 2012 

member described in this clause may serve more than 

2 consecutive full 3-year terms. 

(B) EXPIRATION OF TERM.—Any member whose term 

has expired may serve until such member’s successor has 

taken office, or until the end of the calendar year in which 

such member’s term has expired, whichever is earlier. 

(C) APPOINTMENT TO FILL VACANCY.—Any member 

appointed to fill a vacancy occurring prior to the expiration 

of the term for which that member’s predecessor was 

appointed shall be appointed for the remainder of the 

predecessor’s term. 

(D) STAGGERED TERMS.—With respect to the initial 

members of the Board appointed under subsection 

(b)(1)(D)— 

(i) 4 members shall serve for a term of 3 years; 

(ii) 4 members shall serve for a term of 2 years; 

and 

(iii) 4 members shall serve for a term of 1 year. 

(3) VACANCIES.—A vacancy in the membership of the Board 

shall not affect the Board’s powers, and shall be filled in the 

same manner as the original member was appointed. 

(d) CHAIR.— 

(1) SELECTION.—The Secretary of Commerce shall select, 

from among the members of the Board appointed under subsection (b)(1)(D), an individual to serve for a 2-year term as 

Chair of the Board. 

(2) CONSECUTIVE TERMS.—An individual may not serve for 

more than 2 consecutive terms as Chair of the Board. 

(e) MEETINGS.— 

(1) FREQUENCY.—The Board shall meet— 

(A) at the call of the Chair; and 

(B) not less frequently than once each quarter. 

(2) TRANSPARENCY.—Meetings of the Board, including any 

committee of the Board, shall be open to the public. The Board 

may, by majority vote, close any such meeting only for the 

time necessary to preserve the confidentiality of commercial 

or financial information that is privileged or confidential, to 

discuss personnel matters, or to discuss legal matters affecting 

the First Responder Network Authority, including pending or 

potential litigation. 

(f) QUORUM.—Eight members of the Board shall constitute a 

quorum, including at least 6 of the members appointed under subsection (b)(1)(D). 

(g) COMPENSATION.— 

(1) IN GENERAL.—The members of the Board appointed 

under subsection (b)(1)(D) shall be compensated at the daily 

rate of basic pay for level IV of the Executive Schedule for 

each day during which such members are engaged in performing a function of the Board. 

(2) PROHIBITION ON COMPENSATION.—A member of the 

Board appointed under subparagraphs (A) through (C) of subsection (b)(1) shall serve without additional pay, and shall 

not otherwise benefit, directly or indirectly, as a result of their 

service to the First Responder Network Authority, but shall 

be allowed a per diem allowance for travel expenses, at rates 

authorized for an employee of an agency under subchapter 

I of chapter 57 of title 5, United States Code, while away 


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from the home or regular place of business of the member 

in the performance of the duties of the First Responder Network 

Authority. 

SEC. 6205. ADVISORY COMMITTEES OF THE FIRST RESPONDER NETWORK AUTHORITY. 

(a) ADVISORY COMMITTEES.—The First Responder Network 

Authority— 

(1) shall establish a standing public safety advisory committee to assist the First Responder Network Authority in 

carrying out its duties and responsibilities under this subtitle; 

and 

(2) may establish additional standing or ad hoc committees, 

panels, or councils as the First Responder Network Authority 

determines are necessary. 

(b) SELECTION OF AGENTS, CONSULTANTS, AND EXPERTS.— (1) IN GENERAL.—The First Responder Network Authority 

shall select parties to serve as its agents, consultants, or experts 

in a fair, transparent, and objective manner, and such agents 

may include a program manager to carry out certain of the 

duties and responsibilities of deploying and operating the 

nationwide public safety broadband network described in subsections (b) and (c) of section 6206. 

(2) BINDING AND FINAL.—If the selection of an agent, 

consultant, or expert satisfies the requirements under paragraph (1), the selection of that agent, consultant, or expert 

shall be final and binding. 

SEC. 6206. POWERS, DUTIES, AND RESPONSIBILITIES OF THE FIRST 

RESPONDER NETWORK AUTHORITY. 

(a) GENERAL POWERS.—The First Responder Network Authority 

shall have the authority to do the following: 

(1) To exercise, through the actions of its Board, all powers 

specifically granted by the provisions of this subtitle, and such 

incidental powers as shall be necessary. 

(2) To hold such hearings, sit and act at such times and 

places, take such testimony, and receive such evidence as the 

First Responder Network Authority considers necessary to carry 

out its responsibilities and duties. 

(3) To obtain grants and funds from and make contracts 

with individuals, private companies, organizations, institutions, 

and Federal, State, regional, and local agencies. 

(4) To accept, hold, administer, and utilize gifts, donations, 

and bequests of property, both real and personal, for the purposes of aiding or facilitating the work of the First Responder 

Network Authority. 

(5) To spend funds under paragraph (3) in a manner authorized by the Board, but only for purposes that will advance 

or enhance public safety communications consistent with this 

title. 

(6) To take such other actions as the First Responder 

Network Authority (through the Board) may from time to time 

determine necessary, appropriate, or advisable to accomplish 

the purposes of this title. 

(b) DUTY AND RESPONSIBILITY TO DEPLOY AND OPERATE A

NATIONWIDE PUBLIC SAFETY BROADBAND NETWORK.— 

(1) IN GENERAL.—The First Responder Network Authority 

shall hold the single public safety wireless license granted 

47 USC 1426. 

47 USC 1425. 


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126 STAT. 212 PUBLIC LAW 112–96—FEB. 22, 2012 

under section 6201 and take all actions necessary to ensure 

the building, deployment, and operation of the nationwide 

public safety broadband network, in consultation with Federal, 

State, tribal, and local public safety entities, the Director of 

NIST, the Commission, and the public safety advisory committee established in section 6205(a), including by, at a minimum— 

(A) ensuring nationwide standards for use and access 

of the network; 

(B) issuing open, transparent, and competitive requests 

for proposals to private sector entities for the purposes 

of building, operating, and maintaining the network that 

use, without materially changing, the minimum technical 

requirements developed under section 6203; 

(C) encouraging that such requests leverage, to the 

maximum extent economically desirable, existing commercial wireless infrastructure to speed deployment of the 

network; and 

(D) managing and overseeing the implementation and 

execution of contracts or agreements with non-Federal entities to build, operate, and maintain the network. 

(2) REQUIREMENTS.—In carrying out the duties and responsibilities of this subsection, including issuing requests for proposals, the First Responder Network Authority shall— 

(A) ensure the safety, security, and resiliency of the 

network, including requirements for protecting and monitoring the network to protect against cyberattack; 

(B) promote competition in the equipment market, 

including devices for public safety communications, by 

requiring that equipment for use on the network be— 

(i) built to open, non-proprietary, commercially 

available standards; 

(ii) capable of being used by any public safety 

entity and by multiple vendors across all public safety 

broadband networks operating in the 700 MHz band; 

and 

(iii) backward-compatible with existing commercial 

networks to the extent that such capabilities are necessary and technically and economically reasonable; 

(C) promote integration of the network with public 

safety answering points or their equivalent; and 

(D) address special considerations for areas or regions 

with unique homeland security or national security needs. 

(3) RURAL COVERAGE.—In carrying out the duties and 

responsibilities of this subsection, including issuing requests 

for proposals, the nationwide, interoperable public safety 

broadband network, consistent with the license granted under 

section 6201, shall require deployment phases with substantial 

rural coverage milestones as part of each phase of the construction and deployment of the network. To the maximum extent 

economically desirable, such proposals shall include partnerships with existing commercial mobile providers to utilize costeffective opportunities to speed deployment in rural areas. 

(4) EXECUTION OF AUTHORITY.—In carrying out the duties 

and responsibilities of this subsection, the First Responder 

Network Authority may— 


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(A) obtain grants from and make contracts with 

individuals, private companies, and Federal, State, 

regional, and local agencies; 

(B) hire or accept voluntary services of consultants, 

experts, advisory boards, and panels to aid the First 

Responder Network Authority in carrying out such duties 

and responsibilities; 

(C) receive payment for use of— 

(i) network capacity licensed to the First 

Responder Network Authority; and 

(ii) network infrastructure constructed, owned, or 

operated by the First Responder Network Authority; 

and 

(D) take such other actions as may be necessary to 

accomplish the purposes set forth in this subsection. 

(c) OTHER SPECIFIC DUTIES AND RESPONSIBILITIES.— 

(1) ESTABLISHMENT OF NETWORK POLICIES.—In carrying out 

the requirements under subsection (b), the First Responder 

Network Authority shall develop— 

(A) requests for proposals with appropriate— 

(i) timetables for construction, including by taking 

into consideration the time needed to build out to 

rural areas and the advantages offered through partnerships with existing commercial providers under 

paragraph (3); 

(ii) coverage areas, including coverage in rural and 

nonurban areas; 

(iii) service levels; 

(iv) performance criteria; and 

(v) other similar matters for the construction and 

deployment of such network; 

(B) the technical and operational requirements of the 

network; 

(C) practices, procedures, and standards for the 

management and operation of such network; 

(D) terms of service for the use of such network, 

including billing practices; and 

(E) ongoing compliance review and monitoring of the— 

(i) management and operation of such network; 

(ii) practices and procedures of the entities operating on and the personnel using such network; and 

(iii) necessary training needs of network operators 

and users. 

(2) STATE AND LOCAL PLANNING.— 

(A) REQUIRED CONSULTATION.—In developing requests 

for proposals and otherwise carrying out its responsibilities 

under this Act, the First Responder Network Authority 

shall consult with regional, State, tribal, and local jurisdictions regarding the distribution and expenditure of any 

amounts required to carry out the policies established 

under paragraph (1), including with regard to the— 

(i) construction of a core network and any radio 

access network build out; 

(ii) placement of towers; 

(iii) coverage areas of the network, whether at 

the regional, State, tribal, or local level; 


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126 STAT. 214 PUBLIC LAW 112–96—FEB. 22, 2012 

(iv) adequacy of hardening, security, reliability, 

and resiliency requirements; 

(v) assignment of priority to local users; 

(vi) assignment of priority and selection of entities 

seeking access to or use of the nationwide public safety 

interoperable broadband network established under 

subsection (b); and 

(vii) training needs of local users. 

(B) METHOD OF CONSULTATION.—The consultation 

required under subparagraph (A) shall occur between the 

First Responder Network Authority and the single officer 

or governmental body designated under section 6302(d). 

(3) LEVERAGING EXISTING INFRASTRUCTURE.—In carrying 

out the requirement under subsection (b), the First Responder 

Network Authority shall enter into agreements to utilize, to 

the maximum extent economically desirable, existing— 

(A) commercial or other communications infrastructure; and 

(B) Federal, State, tribal, or local infrastructure. 

(4) MAINTENANCE AND UPGRADES.—The First Responder 

Network Authority shall ensure the maintenance, operation, 

and improvement of the nationwide public safety broadband 

network, including by ensuring that the First Responder Network Authority updates and revises any policies established 

under paragraph (1) to take into account new and evolving 

technologies. 

(5) ROAMING AGREEMENTS.—The First Responder Network 

Authority shall negotiate and enter into, as it determines appropriate, roaming agreements with commercial network providers 

to allow the nationwide public safety broadband network to 

roam onto commercial networks and gain prioritization of public 

safety communications over such networks in times of an emergency. 

(6) NETWORK INFRASTRUCTURE AND DEVICE CRITERIA.—The 

Director of NIST, in consultation with the First Responder 

Network Authority and the Commission, shall ensure the 

development of a list of certified devices and components 

meeting appropriate protocols and standards for public safety 

entities and commercial vendors to adhere to, if such entities 

or vendors seek to have access to, use of, or compatibility 

with the nationwide public safety broadband network. 

(7) REPRESENTATION BEFORE STANDARD SETTING ENTITIES.— 

The First Responder Network Authority, in consultation with 

the Director of NIST, the Commission, and the public safety 

advisory committee established under section 6205(a), shall 

represent the interests of public safety users of the nationwide 

public safety broadband network before any proceeding, negotiation, or other matter in which a standards organization, 

standards body, standards development organization, or any 

other recognized standards-setting entity addresses the development of standards relating to interoperability. 

(8) PROHIBITION ON NEGOTIATION WITH FOREIGN GOVERNMENTS.—The First Responder Network Authority shall not have 

the authority to negotiate or enter into any agreements with 

a foreign government on behalf of the United States. 

Lists. 

Contracts. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 215 

(d) EXEMPTION FROM CERTAIN LAWS.—Any action taken or 

decisions made by the First Responder Network Authority shall 

be exempt from the requirements of— 

(1) section 3506 of title 44, United States Code (commonly 

referred to as the Paperwork Reduction Act); 

(2) chapter 5 of title 5, United States Code (commonly 

referred to as the Administrative Procedures Act); and 

(3) chapter 6 of title 5, United States Code (commonly 

referred to as the Regulatory Flexibility Act). 

(e) NETWORK CONSTRUCTION FUND.— (1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a fund to be known as the ‘‘Network 

Construction Fund’’. 

(2) USE OF FUND.—Amounts deposited into the Network 

Construction Fund shall be used by the— 

(A) First Responder Network Authority to carry out 

this section, except for administrative expenses; and 

(B) NTIA to make grants to States under section 

6302(e)(3)(C)(iii)(I). 

(f) TERMINATION OF AUTHORITY.—The authority of the First 

Responder Network Authority shall terminate on the date that 

is 15 years after the date of enactment of this title. 

(g) GAO REPORT.—Not later than 10 years after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall submit to Congress a report on what action Congress 

should take regarding the 15-year sunset of authority under subsection (f). 

SEC. 6207. INITIAL FUNDING FOR THE FIRST RESPONDER NETWORK 

AUTHORITY. 

(a) BORROWING AUTHORITY.—Prior to the deposit of proceeds 

into the Public Safety Trust Fund from the incentive auctions 

to be carried out under section 309(j)(8)(G) of the Communications 

Act of 1934 or the auction of spectrum pursuant to section 6401, 

the NTIA may borrow from the Treasury such sums as may be 

necessary, but not to exceed $2,000,000,000, to implement this 

subtitle. The NTIA shall reimburse the Treasury, without interest, 

from funds deposited into the Public Safety Trust Fund. 

(b) PROHIBITION.— (1) IN GENERAL.—Administrative expenses of the First Responder Network Authority may not exceed $100,000,000 

during the 10-year period beginning on the date of enactment 

of this title. 

(2) DEFINITION.—For purposes of this subsection, the term 

‘‘administrative expenses’’ does not include the costs incurred 

by the First Responder Network Authority for oversight and 

audits to protect against waste, fraud, and abuse. 

SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COLLECT FEES FOR NETWORK USE. 

(a) IN GENERAL.—Notwithstanding section 337 of the Communications Act of 1934 (47 U.S.C. 337), the First Responder Network 

Authority is authorized to assess and collect the following fees: 

(1) NETWORK USER FEE.—A user or subscription fee from 

each entity, including any public safety entity or secondary 

user, that seeks access to or use of the nationwide public 

safety broadband network. 

(2) LEASE FEES RELATED TO NETWORK CAPACITY.— 

47 USC 1428. 

Time period. 

Reimbursement. 

47 USC 1427. 


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(A) IN GENERAL.—A fee from any entity that seeks 

to enter into a covered leasing agreement. 

(B) COVERED LEASING AGREEMENT.—For purposes of 

subparagraph (A), a ‘‘covered leasing agreement’’ means 

a written agreement resulting from a public-private 

arrangement to construct, manage, and operate the nationwide public safety broadband network between the First 

Responder Network Authority and secondary user to 

permit— 

(i) access to network capacity on a secondary basis 

for non-public safety services; and 

(ii) the spectrum allocated to such entity to be 

used for commercial transmissions along the dark fiber 

of the long-haul network of such entity. 

(3) LEASE FEES RELATED TO NETWORK EQUIPMENT AND

INFRASTRUCTURE.—A fee from any entity that seeks access to 

or use of any equipment or infrastructure, including antennas 

or towers, constructed or otherwise owned by the First 

Responder Network Authority resulting from a public-private 

arrangement to construct, manage, and operate the nationwide 

public safety broadband network. 

(b) ESTABLISHMENT OF FEE AMOUNTS; PERMANENT SELFFUNDING.—The total amount of the fees assessed for each fiscal 

year pursuant to this section shall be sufficient, and shall not 

exceed the amount necessary, to recoup the total expenses of the 

First Responder Network Authority in carrying out its duties and 

responsibilities described under this subtitle for the fiscal year 

involved. 

(c) ANNUAL APPROVAL.—The NTIA shall review the fees 

assessed under this section on an annual basis, and such fees 

may only be assessed if approved by the NTIA. 

(d) REQUIRED REINVESTMENT OF FUNDS.—The First Responder 

Network Authority shall reinvest amounts received from the assessment of fees under this section in the nationwide public safety 

interoperable broadband network by using such funds only for 

constructing, maintaining, operating, or improving the network. 

SEC. 6209. AUDIT AND REPORT. 

(a) AUDIT.— 

(1) IN GENERAL.—The Secretary of Commerce shall enter 

into a contract with an independent auditor to conduct an 

audit, on an annual basis, of the First Responder Network 

Authority in accordance with general accounting principles and 

procedures applicable to commercial corporate transactions. 

Each audit conducted under this paragraph shall be made 

available to the appropriate committees of Congress. 

(2) LOCATION.—Any audit conducted under paragraph (1) 

shall be conducted at the place or places where accounts of 

the First Responder Network Authority are normally kept. 

(3) ACCESS TO FIRST RESPONDER NETWORK AUTHORITY

BOOKS AND DOCUMENTS.— (A) IN GENERAL.—For purposes of an audit conducted 

under paragraph (1), the representatives of the independent 

auditor shall— 

(i) have access to all books, accounts, records, 

reports, files, and all other papers, things, or property 

belonging to or in use by the First Responder Network 

47 USC 1429. 

Review. 

Definition. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 217 

Authority that pertain to the financial transactions 

of the First Responder Network Authority and are 

necessary to facilitate the audit; and 

(ii) be afforded full facilities for verifying transactions with the balances or securities held by depositories, fiscal agents, and custodians. 

(B) REQUIREMENT.—All books, accounts, records, 

reports, files, papers, and property of the First Responder 

Network Authority shall remain in the possession and custody of the First Responder Network Authority. 

(b) REPORT.— 

(1) IN GENERAL.—The independent auditor selected to conduct an audit under this section shall submit a report of each 

audit conducted under subsection (a) to— 

(A) the appropriate committees of Congress; 

(B) the President; and 

(C) the First Responder Network Authority. 

(2) CONTENTS.—Each report submitted under paragraph 

(1) shall contain— 

(A) such comments and information as the independent 

auditor determines necessary to inform Congress of the 

financial operations and condition of the First Responder 

Network Authority; 

(B) any recommendations of the independent auditor 

relating to the financial operations and condition of the 

First Responder Network Authority; and 

(C) a description of any program, expenditure, or other 

financial transaction or undertaking of the First Responder 

Network Authority that was observed during the course 

of the audit, which, in the opinion of the independent 

auditor, has been carried on or made without the authority 

of law. 

SEC. 6210. ANNUAL REPORT TO CONGRESS. 

(a) IN GENERAL.—Not later than 1 year after the date of enactment of this Act, and each year thereafter, the First Responder 

Network Authority shall submit an annual report covering the 

preceding fiscal year to the appropriate committees of Congress. 

(b) REQUIRED CONTENT.—The report required under subsection 

(a) shall include— 

(1) a comprehensive and detailed report of the operations, 

activities, financial condition, and accomplishments of the First 

Responder Network Authority under this section; and 

(2) such recommendations or proposals for legislative or 

administrative action as the First Responder Network 

Authority deems appropriate. 

(c) AVAILABILITY TO TESTIFY.—The members of the Board and 

employees of the First Responder Network Authority shall be available to testify before the appropriate committees of the Congress 

with respect to— 

(1) the report required under subsection (a); 

(2) the report of any audit conducted under section 6210; 

or 

(3) any other matter which such committees may determine 

appropriate. 

47 USC 1430. 


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126 STAT. 218 PUBLIC LAW 112–96—FEB. 22, 2012 

SEC. 6211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS. 

The Commission may adopt rules, if necessary in the public 

interest, to improve the ability of public safety networks to roam 

onto commercial networks and to gain priority access to commercial 

networks in an emergency if— 

(1) the public safety entity equipment is technically compatible with the commercial network; 

(2) the commercial network is reasonably compensated; 

and 

(3) such access does not preempt or otherwise terminate 

or degrade all existing voice conversations or data sessions. 

SEC. 6212. PROHIBITION ON DIRECT OFFERING OF COMMERCIAL TELECOMMUNICATIONS SERVICE DIRECTLY TO CONSUMERS. 

(a) IN GENERAL.—The First Responder Network Authority shall 

not offer, provide, or market commercial telecommunications or 

information services directly to consumers. 

(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to prohibit the First Responder Network Authority and 

a secondary user from entering into a covered leasing agreement 

pursuant to section 6208(a)(2)(B). Nothing in this section shall 

be construed to limit the First Responder Network Authority from 

collecting lease fees related to network equipment and infrastructure pursuant to section 6208(a)(3). 

SEC. 6213. PROVISION OF TECHNICAL ASSISTANCE. 

The Commission may provide technical assistance to the First 

Responder Network Authority and may take any action necessary 

to assist the First Responder Network Authority in effectuating 

its duties and responsibilities under this subtitle. 

Subtitle C—Public Safety Commitments 

SEC. 6301. STATE AND LOCAL IMPLEMENTATION FUND. 

(a) ESTABLISHMENT.—There is established in the Treasury of 

the United States a fund to be known as the State and Local 

Implementation Fund. 

(b) AMOUNTS AVAILABLE FOR STATE AND LOCAL IMPLEMENTA- TION GRANT PROGRAM.—Any amounts borrowed under subsection 

(c)(1) and any amounts in the State and Local Implementation 

Fund that are not necessary to reimburse the general fund of 

the Treasury for such borrowed amounts shall be available to the 

Assistant Secretary to implement section 6302. 

(c) BORROWING AUTHORITY.— (1) IN GENERAL.—Prior to the end of fiscal year 2022, 

the Assistant Secretary may borrow from the general fund 

of the Treasury such sums as may be necessary, but not to 

exceed $135,000,000, to implement section 6302. 

(2) REIMBURSEMENT.—The Assistant Secretary shall 

reimburse the general fund of the Treasury, without interest, 

for any amounts borrowed under paragraph (1) as funds are 

deposited into the State and Local Implementation Fund. 

(d) TRANSFER OF UNUSED FUNDS.—If there is a balance 

remaining in the State and Local Implementation Fund on September 30, 2022, the Secretary of the Treasury shall transfer such 

balance to the general fund of the Treasury, where such balance 

shall be dedicated for the sole purpose of deficit reduction. 

47 USC 1441. 

47 USC 1433. 

47 USC 1432. 

47 USC 1431. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 219 

SEC. 6302. STATE AND LOCAL IMPLEMENTATION. 

(a) ESTABLISHMENT OF STATE AND LOCAL IMPLEMENTATION

GRANT PROGRAM.—The Assistant Secretary, in consultation with 

the First Responder Network Authority, shall take such action 

as is necessary to establish a grant program to make grants to 

States to assist State, regional, tribal, and local jurisdictions to 

identify, plan, and implement the most efficient and effective way 

for such jurisdictions to utilize and integrate the infrastructure, 

equipment, and other architecture associated with the nationwide 

public safety broadband network to satisfy the wireless communications and data services needs of that jurisdiction, including with 

regards to coverage, siting, and other needs. 

(b) MATCHING REQUIREMENTS; FEDERAL SHARE.— 

(1) IN GENERAL.—The Federal share of the cost of any 

activity carried out using a grant under this section may not 

exceed 80 percent of the eligible costs of carrying out that 

activity, as determined by the Assistant Secretary, in consultation with the First Responder Network Authority. 

(2) WAIVER.—The Assistant Secretary may waive, in whole 

or in part, the requirements of paragraph (1) for good cause 

shown if the Assistant Secretary determines that such a waiver 

is in the public interest. 

(c) PROGRAMMATIC REQUIREMENTS.—Not later than 6 months 

after the date of enactment of this Act, the Assistant Secretary, 

in consultation with the First Responder Network Authority, shall 

establish requirements relating to the grant program to be carried 

out under this section, including the following: 

(1) Defining eligible costs for purposes of subsection (b)(1). 

(2) Determining the scope of eligible activities for grant 

funding under this section. 

(3) Prioritizing grants for activities that ensure coverage 

in rural as well as urban areas. 

(d) CERTIFICATION AND DESIGNATION OF OFFICER OR GOVERNMENTAL BODY.—In carrying out the grant program established 

under this section, the Assistant Secretary shall require each State 

to certify in its application for grant funds that the State has 

designated a single officer or governmental body to serve as the 

coordinator of implementation of the grant funds. 

(e) STATE NETWORK.— 

(1) NOTICE.—Upon the completion of the request for proposal process conducted by the First Responder Network 

Authority for the construction, operation, maintenance, and 

improvement of the nationwide public safety broadband network, the First Responder Network Authority shall provide 

to the Governor of each State, or his designee— 

(A) notice of the completion of the request for proposal 

process; 

(B) details of the proposed plan for buildout of the 

nationwide, interoperable broadband network in such 

State; and 

(C) the funding level for the State as determined by 

the NTIA. 

(2) STATE DECISION.—Not later than 90 days after the 

date on which the Governor of a State receives notice under 

paragraph (1), the Governor shall choose whether to— 

Deadline. 

Deadline. 

47 USC 1442. 


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(A) participate in the deployment of the nationwide, 

interoperable broadband network as proposed by the First 

Responder Network Authority; or 

(B) conduct its own deployment of a radio access network in such State. 

(3) PROCESS.— 

(A) IN GENERAL.—Upon making a decision to opt-out 

under paragraph (2)(B), the Governor shall notify the First 

Responder Network Authority, the NTIA, and the Commission of such decision. 

(B) STATE REQUEST FOR PROPOSALS.—Not later than 

180 days after the date on which a Governor provides 

notice under subparagraph (A), the Governor shall develop 

and complete requests for proposals for the construction, 

maintenance, and operation of the radio access network 

within the State. 

(C) SUBMISSION AND APPROVAL OF ALTERNATIVE PLAN.— 

(i) IN GENERAL.—The State shall submit an alternative plan for the construction, maintenance, operation, and improvements of the radio access network 

within the State to the Commission, and such plan 

shall demonstrate— 

(I) that the State will be in compliance with 

the minimum technical interoperability requirements developed under section 6203; and 

(II) interoperability with the nationwide public 

safety broadband network. 

(ii) COMMISSION APPROVAL OR DISAPPROVAL.—Upon 

submission of a State plan under clause (i), the 

Commission shall either approve or disapprove the 

plan. 

(iii) APPROVAL.—If the Commission approves a 

plan under this subparagraph, the State— 

(I) may apply to the NTIA for a grant to 

construct the radio access network within the State 

that includes the showing described in subparagraph (D); and 

(II) shall apply to the NTIA to lease spectrum 

capacity from the First Responder Network 

Authority. 

(iv) DISAPPROVAL.—If the Commission disapproves 

a plan under this subparagraph, the construction, 

maintenance, operation, and improvements of the network within the State shall proceed in accordance with 

the plan proposed by the First Responder Network 

Authority. 

(D) FUNDING REQUIREMENTS.—In order to obtain grant 

funds and spectrum capacity leasing rights under subparagraph (C)(iii), a State shall demonstrate— 

(i) that the State has— 

(I) the technical capabilities to operate, and 

the funding to support, the State radio access network; 

(II) has the ability to maintain ongoing interoperability with the nationwide public safety 

broadband network; and 

Deadline. 

Notification. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 221 

(III) the ability to complete the project within 

specified comparable timelines specific to the 

State; 

(ii) the cost-effectiveness of the State plan submitted under subparagraph (C)(i); and 

(iii) comparable security, coverage, and quality of 

service to that of the nationwide public safety 

broadband network. 

(f) USER FEES.—If a State chooses to build its own radio access 

network, the State shall pay any user fees associated with State 

use of elements of the core network. 

(g) PROHIBITION.— 

(1) IN GENERAL.—A State that chooses to build its own 

radio access network shall not provide commercial service to 

consumers or offer wholesale leasing capacity of the network 

within the State except directly through public-private partnerships for construction, maintenance, operation, and improvement of the network within the State. 

(2) RULE OF CONSTRUCTION.—Nothing in this subsection 

shall be construed to prohibit the State and a secondary user 

from entering into a covered leasing agreement. Any revenue 

gained by the State from such a leasing agreement shall be 

used only for constructing, maintaining, operating, or improving 

the radio access network of the State. 

(h) JUDICIAL REVIEW.— 

(1) IN GENERAL.—The United States District Court for the 

District of Columbia shall have exclusive jurisdiction to review 

a decision of the Commission made under subsection 

(e)(3)(C)(iv). 

(2) STANDARD OF REVIEW.—The court shall affirm the decision of the Commission unless— 

(A) the decision was procured by corruption, fraud, 

or undue means; 

(B) there was actual partiality or corruption in the 

Commission; or 

(C) the Commission was guilty of misconduct in 

refusing to hear evidence pertinent and material to the 

decision or of any other misbehavior by which the rights 

of any party have been prejudiced. 

SEC. 6303. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH 

AND DEVELOPMENT. 

(a) NIST DIRECTED RESEARCH AND DEVELOPMENT PROGRAM.— 

From amounts made available from the Public Safety Trust Fund, 

the Director of NIST, in consultation with the Commission, the 

Secretary of Homeland Security, and the National Institute of Justice of the Department of Justice, as appropriate, shall conduct 

research and assist with the development of standards, technologies, 

and applications to advance wireless public safety communications. 

(b) REQUIRED ACTIVITIES.—In carrying out the requirement 

under subsection (a), the Director of NIST, in consultation with 

the First Responder Network Authority and the public safety 

advisory committee established under section 6205(a), shall— 

(1) document public safety wireless communications technical requirements; 

47 USC 1443. 


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(2) accelerate the development of the capability for communications between currently deployed public safety narrowband 

systems and the nationwide public safety broadband network; 

(3) establish a research plan, and direct research, that 

addresses the wireless communications needs of public safety 

entities beyond what can be provided by the current generation 

of broadband technology; 

(4) accelerate the development of mission critical voice, 

including device-to-device ‘‘talkaround’’ capability over 

broadband networks, public safety prioritization, authentication 

capabilities, and standard application programing interfaces 

for the nationwide public safety broadband network, if necessary and practical; 

(5) accelerate the development of communications technology and equipment that can facilitate the eventual migration 

of public safety narrowband communications to the nationwide 

public safety broadband network; and 

(6) convene working groups of relevant government and 

commercial parties to achieve the requirements in paragraphs 

(1) through (5). 

Subtitle D—Spectrum Auction Authority 

SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM. 

(a) CLEARING CERTAIN FEDERAL SPECTRUM.— 

(1) IN GENERAL.—The President shall— 

(A) not later than 3 years after the date of the enactment of this Act, begin the process of withdrawing or 

modifying the assignment to a Federal Government station 

of the electromagnetic spectrum described in paragraph 

(2); and 

(B) not later than 30 days after completing the withdrawal or modification, notify the Commission that the 

withdrawal or modification is complete. 

(2) SPECTRUM DESCRIBED.—The electromagnetic spectrum 

described in this paragraph is the 15 megahertz of spectrum 

between 1675 megahertz and 1710 megahertz identified under 

paragraph (3). 

(3) IDENTIFICATION BY SECRETARY OF COMMERCE.—Not later 

than 1 year after the date of the enactment of this Act, the 

Secretary of Commerce shall submit to the President a report 

identifying 15 megahertz of spectrum between 1675 megahertz 

and 1710 megahertz for reallocation from Federal use to nonFederal use. 

(b) REALLOCATION AND AUCTION.— 

(1) IN GENERAL.—Notwithstanding paragraph (15)(A) of section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), 

not later than 3 years after the date of the enactment of 

this Act, the Commission shall, except as provided in paragraph 

(4)— 

(A) allocate the spectrum described in paragraph (2) 

for commercial use; and 

(B) through a system of competitive bidding under 

such section, grant new initial licenses for the use of such 

spectrum, subject to flexible-use service rules. 

Reports. 

Notification. 

President. 

47 USC 1451. 


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(2) SPECTRUM DESCRIBED.—The spectrum described in this 

paragraph is the following: 

(A) The frequencies between 1915 megahertz and 1920 

megahertz. 

(B) The frequencies between 1995 megahertz and 2000 

megahertz. 

(C) The frequencies described in subsection (a)(2). 

(D) The frequencies between 2155 megahertz and 2180 

megahertz. 

(E) Fifteen megahertz of contiguous spectrum to be 

identified by the Commission. 

(3) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RELOCATION OR SHARING COSTS.—Nothing in paragraph (1) shall be 

construed to relieve the Commission from the requirements 

of section 309(j)(16)(B) of the Communications Act of 1934 

(47 U.S.C. 309(j)(16)(B)). 

(4) DETERMINATION BY COMMISSION.—If the Commission 

determines that the band of frequencies described in paragraph 

(2)(A) or the band of frequencies described in paragraph (2)(B) 

cannot be used without causing harmful interference to 

commercial mobile service licensees in the frequencies between 

1930 megahertz and 1995 megahertz, the Commission may 

not— 

(A) allocate such band for commercial use under paragraph (1)(A); or 

(B) grant licenses under paragraph (1)(B) for the use 

of such band. 

(c) AUCTION PROCEEDS.—Section 309(j)(8) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)) is amended— 

(1) in subparagraph (A), by striking ‘‘(D), and (E),’’ and 

inserting ‘‘(D), (E), (F), and (G),’’; 

(2) in subparagraph (C)(i), by striking ‘‘subparagraph 

(E)(ii)’’ and inserting ‘‘subparagraphs (D)(ii), (E)(ii), (F), and 

(G)’’; 

(3) in subparagraph (D)— 

(A) by striking the heading and inserting ‘‘PROCEEDS

FROM REALLOCATED FEDERAL SPECTRUM.—’’; 

(B) by striking ‘‘Cash’’ and inserting the following: 

‘‘(i) IN GENERAL.—Except as provided in clause 

(ii), cash’’; and 

(C) by adding at the end the following: 

‘‘(ii) CERTAIN OTHER PROCEEDS.—Notwithstanding 

subparagraph (A) and except as provided in subparagraph (B), in the case of proceeds (including deposits 

and upfront payments from successful bidders) attributable to the auction of eligible frequencies described 

in paragraph (2) of section 113(g) of the National Telecommunications and Information Administration 

Organization Act that are required to be auctioned 

by section 6401(b)(1)(B) of the Middle Class Tax Relief 

and Job Creation Act of 2012, such portion of such 

proceeds as is necessary to cover the relocation or 

sharing costs (as defined in paragraph (3) of such section 113(g)) of Federal entities relocated from such 

eligible frequencies shall be deposited in the Spectrum 

Relocation Fund. The remainder of such proceeds shall 


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126 STAT. 224 PUBLIC LAW 112–96—FEB. 22, 2012 

be deposited in the Public Safety Trust Fund established by section 6413(a)(1) of the Middle Class Tax 

Relief and Job Creation Act of 2012.’’; and 

(4) by adding at the end the following: 

‘‘(F) CERTAIN PROCEEDS DESIGNATED FOR PUBLIC SAFETY

TRUST FUND.—Notwithstanding subparagraph (A) and 

except as provided in subparagraphs (B) and (D)(ii), the 

proceeds (including deposits and upfront payments from 

successful bidders) from the use of a system of competitive 

bidding under this subsection pursuant to section 

6401(b)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 shall be deposited in the Public Safety 

Trust Fund established by section 6413(a)(1) of such Act.’’. 

SEC. 6402. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS. 

Section 309(j)(8) of the Communications Act of 1934, as 

amended by section 6401(c), is further amended by adding at the 

end the following: 

‘‘(G) INCENTIVE AUCTIONS.— 

‘‘(i) IN GENERAL.—Notwithstanding subparagraph 

(A) and except as provided in subparagraph (B), the 

Commission may encourage a licensee to relinquish 

voluntarily some or all of its licensed spectrum usage 

rights in order to permit the assignment of new initial 

licenses subject to flexible-use service rules by sharing 

with such licensee a portion, based on the value of 

the relinquished rights as determined in the reverse 

auction required by clause (ii)(I), of the proceeds 

(including deposits and upfront payments from successful bidders) from the use of a competitive bidding 

system under this subsection. 

‘‘(ii) LIMITATIONS.—The Commission may not enter 

into an agreement for a licensee to relinquish spectrum 

usage rights in exchange for a share of auction proceeds 

under clause (i) unless— 

‘‘(I) the Commission conducts a reverse auction 

to determine the amount of compensation that 

licensees would accept in return for voluntarily 

relinquishing spectrum usage rights; and 

‘‘(II) at least two competing licensees participate in the reverse auction. 

‘‘(iii) TREATMENT OF REVENUES.—Notwithstanding 

subparagraph (A) and except as provided in subparagraph (B), the proceeds (including deposits and upfront 

payments from successful bidders) from any auction, 

prior to the end of fiscal year 2022, of spectrum usage 

rights made available under clause (i) that are not 

shared with licensees under such clause shall be deposited as follows: 

‘‘(I) $1,750,000,000 of the proceeds from the 

incentive auction of broadcast television spectrum 

required by section 6403 of the Middle Class Tax 

Relief and Job Creation Act of 2012 shall be deposited in the TV Broadcaster Relocation Fund established by subsection (d)(1) of such section. 

‘‘(II) All other proceeds shall be deposited— 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 225 

‘‘(aa) prior to the end of fiscal year 2022, 

in the Public Safety Trust Fund established 

by section 6413(a)(1) of such Act; and 

‘‘(bb) after the end of fiscal year 2022, 

in the general fund of the Treasury, where 

such proceeds shall be dedicated for the sole 

purpose of deficit reduction. 

‘‘(iv) CONGRESSIONAL NOTIFICATION.—At least 3 

months before any incentive auction conducted under 

this subparagraph, the Chairman of the Commission, 

in consultation with the Director of the Office of 

Management and Budget, shall notify the appropriate 

committees of Congress of the methodology for calculating the amounts that will be shared with licensees 

under clause (i). 

‘‘(v) DEFINITION.—In this subparagraph, the term 

‘appropriate committees of Congress’ means— 

‘‘(I) the Committee on Commerce, Science, and 

Transportation of the Senate; 

‘‘(II) the Committee on Appropriations of the 

Senate; 

‘‘(III) the Committee on Energy and Commerce 

of the House of Representatives; and 

‘‘(IV) the Committee on Appropriations of the 

House of Representatives.’’. 

SEC. 6403. SPECIAL REQUIREMENTS FOR INCENTIVE AUCTION OF 

BROADCAST TV SPECTRUM. 

(a) REVERSE AUCTION TO IDENTIFY INCENTIVE AMOUNT.— 

(1) IN GENERAL.—The Commission shall conduct a reverse 

auction to determine the amount of compensation that each 

broadcast television licensee would accept in return for voluntarily relinquishing some or all of its broadcast television spectrum usage rights in order to make spectrum available for 

assignment through a system of competitive bidding under 

subparagraph (G) of section 309(j)(8) of the Communications 

Act of 1934, as added by section 6402. 

(2) ELIGIBLE RELINQUISHMENTS.—A relinquishment of 

usage rights for purposes of paragraph (1) shall include the 

following: 

(A) Relinquishing all usage rights with respect to a 

particular television channel without receiving in return 

any usage rights with respect to another television channel. 

(B) Relinquishing all usage rights with respect to an 

ultra high frequency television channel in return for 

receiving usage rights with respect to a very high frequency 

television channel. 

(C) Relinquishing usage rights in order to share a 

television channel with another licensee. 

(3) CONFIDENTIALITY.—The Commission shall take all 

reasonable steps necessary to protect the confidentiality of 

Commission-held data of a licensee participating in the reverse 

auction under paragraph (1), including withholding the identity 

of such licensee until the reassignments and reallocations (if 

any) under subsection (b)(1)(B) become effective, as described 

in subsection (f)(2). 

Determination. 

47 USC 1452. 


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(4) PROTECTION OF CARRIAGE RIGHTS OF LICENSEES SHARING

A CHANNEL.—A broadcast television station that voluntarily 

relinquishes spectrum usage rights under this subsection in 

order to share a television channel and that possessed carriage 

rights under section 338, 614, or 615 of the Communications 

Act of 1934 (47 U.S.C. 338; 534; 535) on November 30, 2010, 

shall have, at its shared location, the carriage rights under 

such section that would apply to such station at such location 

if it were not sharing a channel. 

(b) REORGANIZATION OF BROADCAST TV SPECTRUM.— 

(1) IN GENERAL.—For purposes of making available spectrum to carry out the forward auction under subsection (c)(1), 

the Commission— 

(A) shall evaluate the broadcast television spectrum 

(including spectrum made available through the reverse 

auction under subsection (a)(1)); and 

(B) may, subject to international coordination along 

the border with Mexico and Canada— 

(i) make such reassignments of television channels 

as the Commission considers appropriate; and 

(ii) reallocate such portions of such spectrum as 

the Commission determines are available for reallocation. 

(2) FACTORS FOR CONSIDERATION.—In making any reassignments or reallocations under paragraph (1)(B), the Commission 

shall make all reasonable efforts to preserve, as of the date 

of the enactment of this Act, the coverage area and population 

served of each broadcast television licensee, as determined 

using the methodology described in OET Bulletin 69 of the 

Office of Engineering and Technology of the Commission. 

(3) NO INVOLUNTARY RELOCATION FROM UHF TO VHF.—In 

making any reassignments under paragraph (1)(B)(i), the 

Commission may not involuntarily reassign a broadcast television licensee— 

(A) from an ultra high frequency television channel 

to a very high frequency television channel; or 

(B) from a television channel between the frequencies 

from 174 megahertz to 216 megahertz to a television 

channel between the frequencies from 54 megahertz to 

88 megahertz. 

(4) PAYMENT OF RELOCATION COSTS.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), from amounts made available under subsection (d)(2), 

the Commission shall reimburse costs reasonably incurred 

by— 

(i) a broadcast television licensee that was 

reassigned under paragraph (1)(B)(i) from one ultra 

high frequency television channel to a different ultra 

high frequency television channel, from one very high 

frequency television channel to a different very high 

frequency television channel, or, in accordance with 

subsection (g)(1)(B), from a very high frequency television channel to an ultra high frequency television 

channel, in order for the licensee to relocate its television service from one channel to the other; 


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(ii) a multichannel video programming distributor 

in order to continue to carry the signal of a broadcast 

television licensee that— 

(I) is described in clause (i); 

(II) voluntarily relinquishes spectrum usage 

rights under subsection (a) with respect to an ultra 

high frequency television channel in return for 

receiving usage rights with respect to a very high 

frequency television channel; or 

(III) voluntarily relinquishes spectrum usage 

rights under subsection (a) to share a television 

channel with another licensee; or 

(iii) a channel 37 incumbent user, in order to 

relocate to other suitable spectrum, provided that all 

such users can be relocated and that the total relocation costs of such users do not exceed $300,000,000. 

For the purpose of this section, the spectrum made 

available through relocation of channel 37 incumbent 

users shall be deemed as spectrum reclaimed through 

a reverse auction under section 6403(a). 

(B) REGULATORY RELIEF.—In lieu of reimbursement for 

relocation costs under subparagraph (A), a broadcast television licensee may accept, and the Commission may grant 

as it considers appropriate, a waiver of the service rules 

of the Commission to permit the licensee, subject to interference protections, to make flexible use of the spectrum 

assigned to the licensee to provide services other than 

broadcast television services. Such waiver shall only remain 

in effect while the licensee provides at least 1 broadcast 

television program stream on such spectrum at no charge 

to the public. 

(C) LIMITATION.—The Commission may not make 

reimbursements under subparagraph (A) for lost revenues. 

(D) DEADLINE.—The Commission shall make all 

reimbursements required by subparagraph (A) not later 

than the date that is 3 years after the completion of the 

forward auction under subsection (c)(1). 

(5) LOW-POWER TELEVISION USAGE RIGHTS.—Nothing in this 

subsection shall be construed to alter the spectrum usage rights 

of low-power television stations. 

(c) FORWARD AUCTION.— 

(1) AUCTION REQUIRED.—The Commission shall conduct a 

forward auction in which— 

(A) the Commission assigns licenses for the use of 

the spectrum that the Commission reallocates under subsection (b)(1)(B)(ii); and 

(B) the amount of the proceeds that the Commission 

shares under clause (i) of section 309(j)(8)(G) of the Communications Act of 1934 with each licensee whose bid the 

Commission accepts in the reverse auction under subsection 

(a)(1) is not less than the amount of such bid. 

(2) MINIMUM PROCEEDS.— 

(A) IN GENERAL.—If the amount of the proceeds from 

the forward auction under paragraph (1) is not greater 

than the sum described in subparagraph (B), no licenses 

shall be assigned through such forward auction, no reassignments or reallocations under subsection (b)(1)(B) 

Waiver. 


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shall become effective, and the Commission may not revoke 

any spectrum usage rights by reason of a bid that the 

Commission accepts in the reverse auction under subsection 

(a)(1). 

(B) SUM DESCRIBED.—The sum described in this 

subparagraph is the sum of— 

(i) the total amount of compensation that the 

Commission must pay successful bidders in the reverse 

auction under subsection (a)(1); 

(ii) the costs of conducting such forward auction 

that the salaries and expenses account of the Commission is required to retain under section 309(j)(8)(B) 

of the Communications Act of 1934 (47 U.S.C. 

309(j)(8)(B)); and 

(iii) the estimated costs for which the Commission 

is required to make reimbursements under subsection 

(b)(4)(A). 

(C) ADMINISTRATIVE COSTS.—The amount of the proceeds from the forward auction under paragraph (1) that 

the salaries and expenses account of the Commission is 

required to retain under section 309(j)(8)(B) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(B)) shall be sufficient to cover the costs incurred by the Commission in 

conducting the reverse auction under subsection (a)(1), conducting the evaluation of the broadcast television spectrum 

under subparagraph (A) of subsection (b)(1), and making 

any reassignments or reallocations under subparagraph 

(B) of such subsection, in addition to the costs incurred 

by the Commission in conducting such forward auction. 

(3) FACTOR FOR CONSIDERATION.—In conducting the forward 

auction under paragraph (1), the Commission shall consider 

assigning licenses that cover geographic areas of a variety 

of different sizes. 

(d) TV BROADCASTER RELOCATION FUND.— 

(1) ESTABLISHMENT.—There is established in the Treasury 

of the United States a fund to be known as the TV Broadcaster 

Relocation Fund. 

(2) PAYMENT OF RELOCATION COSTS.—Any amounts borrowed under paragraph (3)(A) and any amounts in the TV 

Broadcaster Relocation Fund that are not necessary for 

reimbursement of the general fund of the Treasury for such 

borrowed amounts shall be available to the Commission to 

make the payments required by subsection (b)(4)(A). 

(3) BORROWING AUTHORITY.— 

(A) IN GENERAL.—Beginning on the date when any 

reassignments or reallocations under subsection (b)(1)(B) 

become effective, as provided in subsection (f)(2), and 

ending when $1,000,000,000 has been deposited in the 

TV Broadcaster Relocation Fund, the Commission may borrow from the Treasury of the United States an amount 

not to exceed $1,000,000,000 to use toward the payments 

required by subsection (b)(4)(A). 

(B) REIMBURSEMENT.—The Commission shall 

reimburse the general fund of the Treasury, without 

interest, for any amounts borrowed under subparagraph 

(A) as funds are deposited into the TV Broadcaster Relocation Fund. 

Effective date. 

Termination 

date. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 229 

(4) TRANSFER OF UNUSED FUNDS.—If any amounts remain 

in the TV Broadcaster Relocation Fund after the date that 

is 3 years after the completion of the forward auction under 

subsection (c)(1), the Secretary of the Treasury shall— 

(A) prior to the end of fiscal year 2022, transfer such 

amounts to the Public Safety Trust Fund established by 

section 6413(a)(1); and 

(B) after the end of fiscal year 2022, transfer such 

amounts to the general fund of the Treasury, where such 

amounts shall be dedicated for the sole purpose of deficit 

reduction. 

(e) NUMERICAL LIMITATION ON AUCTIONS AND REORGANIZATION.—The Commission may not complete more than one reverse 

auction under subsection (a)(1) or more than one reorganization 

of the broadcast television spectrum under subsection (b). 

(f) TIMING.— 

(1) CONTEMPORANEOUS AUCTIONS AND REORGANIZATION

PERMITTED.—The Commission may conduct the reverse auction 

under subsection (a)(1), any reassignments or reallocations 

under subsection (b)(1)(B), and the forward auction under subsection (c)(1) on a contemporaneous basis. 

(2) EFFECTIVENESS OF REASSIGNMENTS AND REALLOCATIONS.—Notwithstanding paragraph (1), no reassignments or 

reallocations under subsection (b)(1)(B) shall become effective 

until the completion of the reverse auction under subsection 

(a)(1) and the forward auction under subsection (c)(1), and, 

to the extent practicable, all such reassignments and reallocations shall become effective simultaneously. 

(3) DEADLINE.—The Commission may not conduct the 

reverse auction under subsection (a)(1) or the forward auction 

under subsection (c)(1) after the end of fiscal year 2022. 

(4) LIMIT ON DISCRETION REGARDING AUCTION TIMING.— 

Section 309(j)(15)(A) of the Communications Act of 1934 (47 

U.S.C. 309(j)(15)(A)) shall not apply in the case of an auction 

conducted under this section. 

(g) LIMITATION ON REORGANIZATION AUTHORITY.— 

(1) IN GENERAL.—During the period described in paragraph 

(2), the Commission may not— 

(A) involuntarily modify the spectrum usage rights of 

a broadcast television licensee or reassign such a licensee 

to another television channel except— 

(i) in accordance with this section; or 

(ii) in the case of a violation by such licensee 

of the terms of its license or a specific provision of 

a statute administered by the Commission, or a regulation of the Commission promulgated under any such 

provision; or 

(B) reassign a broadcast television licensee from a very 

high frequency television channel to an ultra high frequency television channel, unless— 

(i) such a reassignment will not decrease the total 

amount of ultra high frequency spectrum made available for reallocation under this section; or 

(ii) a request from such licensee for the reassignment was pending at the Commission on May 31, 

2011. 


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(2) PERIOD DESCRIBED.—The period described in this paragraph is the period beginning on the date of the enactment 

of this Act and ending on the earliest of— 

(A) the first date when the reverse auction under subsection (a)(1), the reassignments and reallocations (if any) 

under subsection (b)(1)(B), and the forward auction under 

subsection (c)(1) have been completed; 

(B) the date of a determination by the Commission 

that the amount of the proceeds from the forward auction 

under subsection (c)(1) is not greater than the sum 

described in subsection (c)(2)(B); or 

(C) September 30, 2022. 

(h) PROTEST RIGHT INAPPLICABLE.—The right of a licensee to 

protest a proposed order of modification of its license under section 

316 of the Communications Act of 1934 (47 U.S.C. 316) shall not 

apply in the case of a modification made under this section. 

(i) COMMISSION AUTHORITY.—Nothing in subsection (b) shall 

be construed to— 

(1) expand or contract the authority of the Commission, 

except as otherwise expressly provided; or 

(2) prevent the implementation of the Commission’s ‘‘White 

Spaces’’ Second Report and Order and Memorandum Opinion 

and Order (FCC 08–260, adopted November 4, 2008) in the 

spectrum that remains allocated for broadcast television use 

after the reorganization required by such subsection. 

SEC. 6404. CERTAIN CONDITIONS ON AUCTION PARTICIPATION 

PROHIBITED. 

Section 309(j) of the Communications Act of 1934 (47 U.S.C. 

309(j)) is amended by adding at the end the following new paragraph: 

‘‘(17) CERTAIN CONDITIONS ON AUCTION PARTICIPATION

PROHIBITED.— 

‘‘(A) IN GENERAL.—Notwithstanding any other provision of law, the Commission may not prevent a person 

from participating in a system of competitive bidding under 

this subsection if such person— 

‘‘(i) complies with all the auction procedures and 

other requirements to protect the auction process 

established by the Commission; and 

‘‘(ii) either— 

‘‘(I) meets the technical, financial, character, 

and citizenship qualifications that the Commission 

may require under section 303(l)(1), 308(b), or 310 

to hold a license; or 

‘‘(II) would meet such license qualifications by 

means approved by the Commission prior to the 

grant of the license. 

‘‘(B) CLARIFICATION OF AUTHORITY.—Nothing in 

subparagraph (A) affects any authority the Commission 

has to adopt and enforce rules of general applicability, 

including rules concerning spectrum aggregation that promote competition.’’. 

SEC. 6405. EXTENSION OF AUCTION AUTHORITY. 

Section 309(j)(11) of the Communications Act of 1934 (47 U.S.C. 

309(j)(11)) is amended by striking ‘‘2012’’ and inserting ‘‘2022’’. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 231 

SEC. 6406. UNLICENSED USE IN THE 5 GHZ BAND. 

(a) MODIFICATION OF COMMISSION REGULATIONS TO ALLOW CERTAIN UNLICENSED USE.— 

(1) IN GENERAL.—Subject to paragraph (2), not later than 

1 year after the date of the enactment of this Act, the Commission shall begin a proceeding to modify part 15 of title 47, 

Code of Federal Regulations, to allow unlicensed U–NII devices 

to operate in the 5350–5470 MHz band. 

(2) REQUIRED DETERMINATIONS.—The Commission may 

make the modification described in paragraph (1) only if the 

Commission, in consultation with the Assistant Secretary, 

determines that— 

(A) licensed users will be protected by technical solutions, including use of existing, modified, or new spectrumsharing technologies and solutions, such as dynamic frequency selection; and 

(B) the primary mission of Federal spectrum users 

in the 5350–5470 MHz band will not be compromised by 

the introduction of unlicensed devices. 

(b) STUDY BY NTIA.— 

(1) IN GENERAL.—The Assistant Secretary, in consultation 

with the Department of Defense and other impacted agencies, 

shall conduct a study evaluating known and proposed spectrumsharing technologies and the risk to Federal users if unlicensed 

U–NII devices were allowed to operate in the 5350–5470 MHz 

band and in the 5850–5925 MHz band. 

(2) SUBMISSION.—The Assistant Secretary shall submit to 

the Commission and the Committee on Energy and Commerce 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— 

(A) not later than 8 months after the date of the 

enactment of this Act, a report on the portion of the study 

required by paragraph (1) with respect to the 5350–5470 

MHz band; and 

(B) not later than 18 months after the date of the 

enactment of this Act, a report on the portion of the study 

required by paragraph (1) with respect to the 5850–5925 

MHz band. 

(c) DEFINITIONS.—In this section: 

(1) 5350–5470 MHZ BAND.—The term ‘‘5350–5470 MHz 

band’’ means the portion of the electromagnetic spectrum 

between the frequencies from 5350 megahertz to 5470 megahertz. 

(2) 5850–5925 MHZ BAND.—The term ‘‘5850–5925 MHz 

band’’ means the portion of the electromagnetic spectrum 

between the frequencies from 5850 megahertz to 5925 megahertz. 

SEC. 6407. GUARD BANDS AND UNLICENSED USE. 

(a) IN GENERAL.—Nothing in subparagraph (G) of section 

309(j)(8) of the Communications Act of 1934, as added by section 

6402, or in section 6403 shall be construed to prevent the Commission from using relinquished or other spectrum to implement band 

plans with guard bands. 

(b) SIZE OF GUARD BANDS.—Such guard bands shall be no 

larger than is technically reasonable to prevent harmful interference 

between licensed services outside the guard bands. 

47 USC 1454. 

Reports. 

Deadlines. 

Deadline. 

47 USC 1453. 


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126 STAT. 232 PUBLIC LAW 112–96—FEB. 22, 2012 

(c) UNLICENSED USE IN GUARD BANDS.—The Commission may 

permit the use of such guard bands for unlicensed use. 

(d) DATABASE.—Unlicensed use shall rely on a database or 

subsequent methodology as determined by the Commission. 

(e) PROTECTIONS AGAINST HARMFUL INTERFERENCE.—The 

Commission may not permit any use of a guard band that the 

Commission determines would cause harmful interference to 

licensed services. 

SEC. 6408. STUDY ON RECEIVER PERFORMANCE AND SPECTRUM EFFICIENCY. 

(a) IN GENERAL.—The Comptroller General of the United States 

shall conduct a study to consider efforts to ensure that each transmission system is designed and operated so that reasonable use 

of adjacent spectrum does not excessively impair the functioning 

of such system. 

(b) REQUIRED CONSIDERATIONS.—In conducting the study 

required by subsection (a), the Comptroller General shall consider— 

(1) the value of— 

(A) improving receiver performance as it relates to 

increasing spectral efficiency; 

(B) improving the operation of services that are located 

in adjacent spectrum; and 

(C) narrowing the guard bands between adjacent spectrum use; 

(2) the role of manufacturers, commercial licensees, and 

government users with respect to their transmission systems 

and the use of adjacent spectrum; 

(3) the feasibility of industry self-compliance with respect 

to the design and operational requirements of transmission 

systems and the reasonable use of adjacent spectrum; and 

(4) the value of action by the Commission and the Assistant 

Secretary to establish, by rule, technical requirements or standards for non-Federal and Federal use, respectively, with respect 

to the reasonable use of portions of the radio spectrum that 

are adjacent to each other. 

(c) REPORT.—Not later than 1 year after the date of the enactment of this Act, the Comptroller General shall submit a report 

on the results of the study required by subsection (a) to the Committee on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of 

the Senate. 

(d) TRANSMISSION SYSTEM DEFINED.—In this section, the term 

‘‘transmission system’’ means any telecommunications, broadcast, 

satellite, commercial mobile service, or other communications 

system that employs radio spectrum. 

SEC. 6409. WIRELESS FACILITIES DEPLOYMENT. 

(a) FACILITY MODIFICATIONS.— 

(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 (Public Law 104–104) or any other 

provision of law, a State or local government may not deny, 

and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does 

not substantially change the physical dimensions of such tower 

or base station. 

(2) ELIGIBLE FACILITIES REQUEST.—For purposes of this 

subsection, the term ‘‘eligible facilities request’’ means any 

Definition. 

47 USC 1455. 

Determination. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 233 

request for modification of an existing wireless tower or base 

station that involves— 

(A) collocation of new transmission equipment; 

(B) removal of transmission equipment; or 

(C) replacement of transmission equipment. 

(3) APPLICABILITY OF ENVIRONMENTAL LAWS.—Nothing in 

paragraph (1) shall be construed to relieve the Commission 

from the requirements of the National Historic Preservation 

Act or the National Environmental Policy Act of 1969. 

(b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— (1) GRANT.—If an executive agency, a State, a political 

subdivision or agency of a State, or a person, firm, or organization applies for the grant of an easement or right-of-way to, 

in, over, or on a building or other property owned by the 

Federal Government for the right to install, construct, and 

maintain wireless service antenna structures and equipment 

and backhaul transmission equipment, the executive agency 

having control of the building or other property may grant 

to the applicant, on behalf of the Federal Government, an 

easement or right-of-way to perform such installation, construction, and maintenance. 

(2) APPLICATION.—The Administrator of General Services 

shall develop a common form for applications for easements 

and rights-of-way under paragraph (1) for all executive agencies 

that shall be used by applicants with respect to the buildings 

or other property of each such agency. 

(3) FEE.— 

(A) IN GENERAL.—Notwithstanding any other provision 

of law, the Administrator of General Services shall establish a fee for the grant of an easement or right-of-way 

pursuant to paragraph (1) that is based on direct cost 

recovery. 

(B) EXCEPTIONS.—The Administrator of General Services may establish exceptions to the fee amount required 

under subparagraph (A)— 

(i) in consideration of the public benefit provided 

by a grant of an easement or right-of-way; and 

(ii) in the interest of expanding wireless and 

broadband coverage. 

(4) USE OF FEES COLLECTED.—Any fee amounts collected 

by an executive agency pursuant to paragraph (3) may be 

made available, as provided in appropriations Acts, to such 

agency to cover the costs of granting the easement or rightof-way. 

(c) MASTER CONTRACTS FOR WIRELESS FACILITY SITINGS.— 

(1) IN GENERAL.—Notwithstanding section 704 of the Telecommunications Act of 1996 or any other provision of law, 

and not later than 60 days after the date of the enactment 

of this Act, the Administrator of General Services shall— 

(A) develop 1 or more master contracts that shall 

govern the placement of wireless service antenna structures 

on buildings and other property owned by the Federal 

Government; and 

(B) in developing the master contract or contracts, 

standardize the treatment of the placement of wireless 

service antenna structures on building rooftops or facades, 

the placement of wireless service antenna equipment on 

Deadline. 


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126 STAT. 234 PUBLIC LAW 112–96—FEB. 22, 2012 

rooftops or inside buildings, the technology used in connection with wireless service antenna structures or equipment 

placed on Federal buildings and other property, and any 

other key issues the Administrator of General Services 

considers appropriate. 

(2) APPLICABILITY.—The master contract or contracts developed by the Administrator of General Services under paragraph 

(1) shall apply to all publicly accessible buildings and other 

property owned by the Federal Government, unless the 

Administrator of General Services decides that issues with 

respect to the siting of a wireless service antenna structure 

on a specific building or other property warrant nonstandard 

treatment of such building or other property. 

(3) APPLICATION.—The Administrator of General Services 

shall develop a common form or set of forms for wireless service 

antenna structure siting applications under this subsection for 

all executive agencies that shall be used by applicants with 

respect to the buildings and other property of each such agency. 

(d) EXECUTIVE AGENCY DEFINED.—In this section, the term 

‘‘executive agency’’ has the meaning given such term in section 

102 of title 40, United States Code. 

SEC. 6410. FUNCTIONAL RESPONSIBILITY OF NTIA TO ENSURE EFFICIENT USE OF SPECTRUM. 

Section 103(b)(2) of the National Telecommunications and 

Information Administration Organization Act (47 U.S.C. 902(b)(2)) 

is amended by adding at the end the following: 

‘‘(U) The responsibility to promote the best possible 

and most efficient use of electromagnetic spectrum 

resources across the Federal Government, subject to and 

consistent with the needs and missions of Federal agencies.’’. 

SEC. 6411. SYSTEM CERTIFICATION. 

Not later than 6 months after the date of the enactment of 

this Act, the Director of the Office of Management and Budget 

shall update and revise section 33.4 of OMB Circular A–11 to 

reflect the recommendations regarding such Circular made in the 

Commerce Spectrum Management Advisory Committee Incentive 

Subcommittee report, adopted January 11, 2011. 

SEC. 6412. DEPLOYMENT OF 11 GHZ, 18 GHZ, AND 23 GHZ MICROWAVE 

BANDS. 

(a) FCC REPORT ON REJECTION RATE.—Not later than 9 months 

after the date of the enactment of this Act, the Commission shall 

submit to the Committee on Energy and Commerce of the House 

of Representatives and the Committee on Commerce, Science, and 

Transportation of the Senate a report on the rejection rate for 

the spectrum described in subsection (c). 

(b) GAO STUDY ON DEPLOYMENT.— 

(1) IN GENERAL.—The Comptroller General of the United 

States shall conduct a study to assess whether the spectrum 

described in subsection (c) is being deployed in such a manner 

that, in areas with high demand for common carrier licenses 

for the use of such spectrum, market forces— 

(A) provide adequate incentive for the efficient use 

of such spectrum; and 

Deadline. 

47 USC 1456. 


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(B) ensure that the Federal Government receives maximum revenue for such spectrum through competitive bidding under section 309(j) of the Communications Act of 

1934 (47 U.S.C. 309(j)). 

(2) FACTORS FOR CONSIDERATION.—In conducting the study 

required by paragraph (1), the Comptroller General shall take 

into consideration— 

(A) spectrum that is adjacent to the spectrum described 

in subsection (c) and that was assigned through competitive 

bidding under section 309(j) of the Communications Act 

of 1934; and 

(B) the rejection rate for the spectrum described in 

subsection (c), current as of the time of the assessment 

and as projected for the future, in markets in which there 

is a high demand for common carrier licenses for the use 

of such spectrum. 

(3) REPORT.—Not later than 9 months after the date of 

the enactment of this Act, the Comptroller General shall submit 

a report on the study required by paragraph (1) to— 

(A) the Commission; and 

(B) the Committee on Energy and Commerce of the 

House of Representatives and the Committee on Commerce, 

Science, and Transportation of the Senate. 

(c) SPECTRUM DESCRIBED.—The spectrum described in this subsection is the portions of the electromagnetic spectrum between 

the frequencies from 10,700 megahertz to 11,700 megahertz, from 

17,700 megahertz to 19,700 megahertz, and from 21,200 megahertz 

to 23,600 megahertz. 

(d) REJECTION RATE DEFINED.—In this section, the term ‘‘rejection rate’’ means the number and percent of applications (whether 

made to the Commission or to a third-party coordinator) for common 

carrier use of spectrum that were not granted because of lack 

of availability of such spectrum or interference concerns of existing 

licensees. 

(e) NO ADDITIONAL FUNDS AUTHORIZED.—Funds necessary to 

carry out this section shall be derived from funds otherwise authorized to be appropriated. 

SEC. 6413. PUBLIC SAFETY TRUST FUND. 

(a) ESTABLISHMENT OF PUBLIC SAFETY TRUST FUND.— 

(1) IN GENERAL.—There is established in the Treasury of 

the United States a trust fund to be known as the Public 

Safety Trust Fund. 

(2) AVAILABILITY.—Amounts deposited in the Public Safety 

Trust Fund shall remain available through fiscal year 2022. 

Any amounts remaining in the Fund after the end of such 

fiscal year shall be deposited in the general fund of the 

Treasury, where such amounts shall be dedicated for the sole 

purpose of deficit reduction. 

(b) USE OF FUND.—As amounts are deposited in the Public 

Safety Trust Fund, such amounts shall be used to make the following deposits or payments in the following order of priority: 

(1) REPAYMENT OF AMOUNT BORROWED FOR FIRST

RESPONDER NETWORK AUTHORITY.—An amount not to exceed 

$2,000,000,000 shall be available to the NTIA to reimburse 

the general fund of the Treasury for any amounts borrowed 

under section 6207. 

47 USC 1457. 


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126 STAT. 236 PUBLIC LAW 112–96—FEB. 22, 2012 

(2) STATE AND LOCAL IMPLEMENTATION FUND.— 

$135,000,000 shall be deposited in the State and Local 

Implementation Fund established by section 6301. 

(3) BUILDOUT BY FIRST RESPONDER NETWORK AUTHORITY.— 

$7,000,000,000, reduced by the amount borrowed under section 

6207, shall be deposited in the Network Construction Fund 

established by section 6206. 

(4) PUBLIC SAFETY RESEARCH.—$100,000,000 shall be available to the Director of NIST to carry out section 6303. 

(5) DEFICIT REDUCTION.—$20,400,000,000 shall be deposited in the general fund of the Treasury, where such amount 

shall be dedicated for the sole purpose of deficit reduction. 

(6) 9–1–1, E9–1–1, AND NEXT GENERATION 9–1–1

IMPLEMENTATION GRANTS.—$115,000,000 shall be available to 

the Assistant Secretary and the Administrator of the National 

Highway Traffic Safety Administration to carry out the grant 

program under section 158 of the National Telecommunications 

and Information Administration Organization Act, as amended 

by section 6503 of this title. 

(7) ADDITIONAL PUBLIC SAFETY RESEARCH.—$200,000,000 

shall be available to the Director of NIST to carry out section 

6303. 

(8) ADDITIONAL DEFICIT REDUCTION.—Any remaining 

amounts deposited in the Public Safety Trust Fund shall be 

deposited in the general fund of the Treasury, where such 

amounts shall be dedicated for the sole purpose of deficit reduction. 

(c) INVESTMENT.—Amounts in the Public Safety Trust Fund 

shall be invested in accordance with section 9702 of title 31, United 

States Code, and any interest on, and proceeds from, any such 

investment shall be credited to, and become a part of, the Fund. 

SEC. 6414. STUDY ON EMERGENCY COMMUNICATIONS BY AMATEUR 

RADIO AND IMPEDIMENTS TO AMATEUR RADIO COMMUNICATIONS. 

(a) IN GENERAL.—Not later than 180 days after the date of 

the enactment of this Act, the Commission, in consultation with 

the Office of Emergency Communications in the Department of 

Homeland Security, shall— 

(1) complete a study on the uses and capabilities of amateur 

radio service communications in emergencies and disaster relief; 

and 

(2) submit to the Committee on Energy and Commerce 

of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on 

the findings of such study. 

(b) CONTENTS.—The study required by subsection (a) shall 

include— 

(1)(A) a review of the importance of emergency amateur 

radio service communications relating to disasters, severe 

weather, and other threats to lives and property in the United 

States; and 

(B) recommendations for— 

(i) enhancements in the voluntary deployment of amateur radio operators in disaster and emergency communications and disaster relief efforts; and 

Reports. 

Deadline. 


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(ii) improved integration of amateur radio operators 

in the planning and furtherance of initiatives of the Federal 

Government; and 

(2)(A) an identification of impediments to enhanced amateur radio service communications, such as the effects of 

unreasonable or unnecessary private land use restrictions on 

residential antenna installations; and 

(B) recommendations regarding the removal of such impediments. 

(c) EXPERTISE.—In conducting the study required by subsection 

(a), the Commission shall use the expertise of stakeholder entities 

and organizations, including the amateur radio, emergency 

response, and disaster communications communities. 

Subtitle E—Next Generation 9–1–1 

Advancement Act of 2012 

SEC. 6501. SHORT TITLE. 

This subtitle may be cited as the ‘‘Next Generation 9–1–1 

Advancement Act of 2012’’. 

SEC. 6502. DEFINITIONS. 

In this subtitle, the following definitions shall apply: 

(1) 9–1–1 SERVICES AND E9–1–1 SERVICES.—The terms ‘‘9– 

1–1 services’’ and ‘‘E9–1–1 services’’ shall have the meaning 

given those terms in section 158 of the National Telecommunications and Information Administration Organization Act (47 

U.S.C. 942), as amended by this subtitle. 

(2) MULTI-LINE TELEPHONE SYSTEM.—The term ‘‘multi-line 

telephone system’’ or ‘‘MLTS’’ means a system comprised of 

common control units, telephone sets, control hardware and 

software and adjunct systems, including network and premises 

based systems, such as Centrex and VoIP, as well as PBX, 

Hybrid, and Key Telephone Systems (as classified by the 

Commission under part 68 of title 47, Code of Federal Regulations), and includes systems owned or leased by governmental 

agencies and non-profit entities, as well as for profit businesses. 

(3) OFFICE.—The term ‘‘Office’’ means the 9–1–1 

Implementation Coordination Office established under section 

158 of the National Telecommunications and Information 

Administration Organization Act (47 U.S.C. 942), as amended 

by this subtitle. 

SEC. 6503. COORDINATION OF 9–1–1 IMPLEMENTATION. 

Section 158 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 942) is amended 

to read as follows: 

‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1, AND NEXT GENERATION 

9–1–1 IMPLEMENTATION. 

‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OFFICE.— 

‘‘(1) ESTABLISHMENT AND CONTINUATION.—The Assistant 

Secretary and the Administrator of the National Highway 

Traffic Safety Administration shall— 

‘‘(A) establish and further a program to facilitate 

coordination and communication between Federal, State, 

47 USC 1471. 

47 USC 1401 

note. 

Next Generation 

9–1–1 

Advancement Act 

of 2012. 


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126 STAT. 238 PUBLIC LAW 112–96—FEB. 22, 2012 

and local emergency communications systems, emergency 

personnel, public safety organizations, telecommunications 

carriers, and telecommunications equipment manufacturers 

and vendors involved in the implementation of 9–1–1 services; and 

‘‘(B) establish a 9–1–1 Implementation Coordination 

Office to implement the provisions of this section. 

‘‘(2) MANAGEMENT PLAN.— 

‘‘(A) DEVELOPMENT.—The Assistant Secretary and the 

Administrator shall develop a management plan for the 

grant program established under this section, including 

by developing— 

‘‘(i) plans related to the organizational structure 

of such program; and 

‘‘(ii) funding profiles for each fiscal year of the 

duration of such program. 

‘‘(B) SUBMISSION TO CONGRESS.—Not later than 90 days 

after the date of enactment of the Next Generation 9– 

1–1 Advancement Act of 2012, the Assistant Secretary 

and the Administrator shall submit the management plan 

developed under subparagraph (A) to— 

‘‘(i) the Committees on Commerce, Science, and 

Transportation and Appropriations of the Senate; and 

‘‘(ii) the Committees on Energy and Commerce 

and Appropriations of the House of Representatives. 

‘‘(3) PURPOSE OF OFFICE.—The Office shall— 

‘‘(A) take actions, in concert with coordinators designated in accordance with subsection (b)(3)(A)(ii), to 

improve coordination and communication with respect to 

the implementation of 9–1–1 services, E9–1–1 services, 

and Next Generation 9–1–1 services; 

‘‘(B) develop, collect, and disseminate information concerning practices, procedures, and technology used in the 

implementation of 9–1–1 services, E9–1–1 services, and 

Next Generation 9–1–1 services; 

‘‘(C) advise and assist eligible entities in the preparation of implementation plans required under subsection 

(b)(3)(A)(iii); 

‘‘(D) receive, review, and recommend the approval or 

disapproval of applications for grants under subsection (b); 

and 

‘‘(E) oversee the use of funds provided by such grants 

in fulfilling such implementation plans. 

‘‘(4) REPORTS.—The Assistant Secretary and the Administrator shall provide an annual report to Congress by the first 

day of October of each year on the activities of the Office 

to improve coordination and communication with respect to 

the implementation of 9–1–1 services, E9–1–1 services, and 

Next Generation 9–1–1 services. 

‘‘(b) 9–1–1, E9–1–1, AND NEXT GENERATION 9–1–1 IMPLEMENTATION GRANTS.— 

‘‘(1) MATCHING GRANTS.—The Assistant Secretary and the 

Administrator, acting through the Office, shall provide grants 

to eligible entities for— 

Deadline. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 239 

‘‘(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 calltakers, first responders, and other individuals and 

organizations who are part of the emergency response chain 

in 9–1–1 services. 

‘‘(2) MATCHING REQUIREMENT.—The Federal share of the 

cost of a project eligible for a grant under this section shall 

not exceed 60 percent. 

‘‘(3) COORDINATION REQUIRED.—In providing grants under 

paragraph (1), the Assistant Secretary and the Administrator 

shall require an eligible entity to certify in its application 

that— 

‘‘(A) in the case of an eligible entity that is a State 

government, the entity— 

‘‘(i) has coordinated its application with the public 

safety answering points located within the jurisdiction 

of such entity; 

‘‘(ii) has designated a single officer or governmental 

body of the entity to serve as the coordinator of 

implementation of 9–1–1 services, except that such 

designation need not vest such coordinator with direct 

legal authority to implement 9–1–1 services, E9–1– 

1 services, or Next Generation 9–1–1 services or to 

manage emergency communications operations; 

‘‘(iii) has established a plan for the coordination 

and implementation of 9–1–1 services, E9–1–1 services, 

and Next Generation 9–1–1 services; and 

‘‘(iv) has integrated telecommunications services 

involved in the implementation and delivery of 9–1– 

1 services, E9–1–1 services, and Next Generation 9– 

1–1 services; or 

‘‘(B) in the case of an eligible entity that is not a 

State, the entity has complied with clauses (i), (iii), and 

(iv) of subparagraph (A), and the State in which it is 

located has complied with clause (ii) of such subparagraph. 

‘‘(4) CRITERIA.—Not later than 120 days after the date 

of enactment of the Next Generation 9–1–1 Advancement Act 

of 2012, the Assistant Secretary and the Administrator shall 

issue regulations, after providing the public with notice and 

an opportunity to comment, prescribing the criteria for selection 

for grants under this section. The criteria shall include performance requirements and a timeline for completion of any project 

to be financed by a grant under this section. The Assistant 

Secretary and the Administrator shall update such regulations 

as necessary. 

‘‘(c) DIVERSION OF 9–1–1 CHARGES.— ‘‘(1) DESIGNATED 9–1–1 CHARGES.—For the purposes of this 

subsection, the term ‘designated 9–1–1 charges’ means any 

Definition. 

Deadline. 

Regulations. 

Public comments. 

Certification. 


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126 STAT. 240 PUBLIC LAW 112–96—FEB. 22, 2012 

taxes, fees, or other charges imposed by a State or other taxing 

jurisdiction that are designated or presented as dedicated to 

deliver or improve 9–1–1 services, E9–1–1 services, or Next 

Generation 9–1–1 services. 

‘‘(2) CERTIFICATION.—Each applicant for a matching grant 

under this section shall certify to the Assistant Secretary and 

the Administrator at the time of application, and each applicant 

that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any 

period of time during which the funds from the grant are 

available to the applicant, that no portion of any designated 

9–1–1 charges imposed by a State or other taxing jurisdiction 

within which the applicant is located are being obligated or 

expended for any purpose other than the purposes for which 

such charges are designated or presented during the period 

beginning 180 days immediately preceding the date of the 

application and continuing through the period of time during 

which the funds from the grant are available to the applicant. 

‘‘(3) CONDITION OF GRANT.—Each applicant for a grant 

under this section shall agree, as a condition of receipt of 

the grant, that if the State or other taxing jurisdiction within 

which the applicant is located, during any period of time during 

which the funds from the grant are available to the applicant, 

obligates or expends designated 9–1–1 charges for any purpose 

other than the purposes for which such charges are designated 

or presented, eliminates such charges, or redesignates such 

charges for purposes other than the implementation or operation of 9–1–1 services, E9–1–1 services, or Next Generation 

9–1–1 services, all of the funds from such grant shall be 

returned to the Office. 

‘‘(4) PENALTY FOR PROVIDING FALSE INFORMATION.—Any 

applicant that provides a certification under paragraph (2) 

knowing that the information provided in the certification was 

false shall— 

‘‘(A) not be eligible to receive the grant under subsection (b); 

‘‘(B) return any grant awarded under subsection (b) 

during the time that the certification was not valid; and 

‘‘(C) not be eligible to receive any subsequent grants 

under subsection (b). 

‘‘(d) FUNDING AND TERMINATION.— 

‘‘(1) IN GENERAL.—From the amounts made available to 

the Assistant Secretary and the Administrator under section 

6413(b)(6) of the Middle Class Tax Relief and Job Creation 

Act of 2012, the Assistant Secretary and the Administrator 

are authorized to provide grants under this section through 

the end of fiscal year 2022. Not more than 5 percent of such 

amounts may be obligated or expended to cover the administrative costs of carrying out this section. 

‘‘(2) TERMINATION.—Effective on October 1, 2022, the 

authority provided by this section terminates and this section 

shall have no effect. 

‘‘(e) DEFINITIONS.—In this section, the following definitions shall 

apply: 

‘‘(1) 9–1–1 SERVICES.—The term ‘9–1–1 services’ includes 

both E9–1–1 services and Next Generation 9–1–1 services. 

Applicability. 

Time period. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 241 

‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 services’ means 

both phase I and phase II enhanced 9–1–1 services, as described 

in section 20.18 of the Commission’s regulations (47 C.F.R. 

20.18), as in effect on the date of enactment of the Next Generation 9–1–1 Advancement Act of 2012, or as subsequently revised 

by the Commission. 

‘‘(3) ELIGIBLE ENTITY.— 

‘‘(A) IN GENERAL.—The term ‘eligible entity’ means a 

State or local government or a tribal organization (as 

defined in section 4(l) of the Indian Self-Determination 

and Education Assistance Act (25 U.S.C. 450b(l))). 

‘‘(B) INSTRUMENTALITIES.—The term ‘eligible entity’ 

includes public authorities, boards, commissions, and 

similar bodies created by one or more eligible entities 

described in subparagraph (A) to provide 9–1–1 services, 

E9–1–1 services, or Next Generation 9–1–1 services. 

‘‘(C) EXCEPTION.—The term ‘eligible entity’ does not 

include any entity that has failed to submit the most 

recently required certification under subsection (c) within 

30 days after the date on which such certification is due. 

‘‘(4) EMERGENCY CALL.—The term ‘emergency call’ refers 

to any real-time communication with a public safety answering 

point or other emergency management or response agency, 

including— 

‘‘(A) through voice, text, or video and related data; 

and 

‘‘(B) nonhuman-initiated automatic event alerts, such 

as alarms, telematics, or sensor data, which may also 

include real-time voice, text, or video communications. 

‘‘(5) NEXT GENERATION 9–1–1 SERVICES.—The term ‘Next 

Generation 9–1–1 services’ means an IP-based system comprised of hardware, software, data, and operational policies 

and procedures that— 

‘‘(A) provides standardized interfaces from emergency 

call and message services to support emergency communications; 

‘‘(B) processes all types of emergency calls, including 

voice, data, and multimedia information; 

‘‘(C) acquires and integrates additional emergency call 

data useful to call routing and handling; 

‘‘(D) delivers the emergency calls, messages, and data 

to the appropriate public safety answering point and other 

appropriate emergency entities; 

‘‘(E) supports data or video communications needs for 

coordinated incident response and management; and 

‘‘(F) provides broadband service to public safety 

answering points or other first responder entities. 

‘‘(6) OFFICE.—The term ‘Office’ means the 9–1–1 

Implementation Coordination Office. 

‘‘(7) PUBLIC SAFETY ANSWERING POINT.—The term ‘public 

safety answering point’ has the meaning given the term in 

section 222 of the Communications Act of 1934 (47 U.S.C. 

222). 

‘‘(8) STATE.—The term ‘State’ means any State of the 

United States, the District of Columbia, Puerto Rico, American 

Samoa, Guam, the United States Virgin Islands, the Northern 


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126 STAT. 242 PUBLIC LAW 112–96—FEB. 22, 2012 

Mariana Islands, and any other territory or possession of the 

United States.’’. 

SEC. 6504. REQUIREMENTS FOR MULTI-LINE TELEPHONE SYSTEMS. 

(a) IN GENERAL.—Not later than 270 days after the date of 

the enactment of this Act, the Administrator of General Services, 

in conjunction with the Office, shall issue a report to Congress 

identifying the 9–1–1 capabilities of the multi-line telephone system 

in use by all Federal agencies in all Federal buildings and properties. 

(b) COMMISSION ACTION.— (1) IN GENERAL.—Not later than 90 days after the date 

of the enactment of this Act, the Commission shall issue a 

public notice seeking comment on the feasibility of MLTS manufacturers including within all such systems manufactured or 

sold after a date certain, to be determined by the Commission, 

one or more mechanisms to provide a sufficiently precise indication of a 9–1–1 caller’s location, while avoiding the imposition 

of undue burdens on MLTS manufacturers, providers, and 

operators. 

(2) SPECIFIC REQUIREMENT.—The public notice under paragraph (1) shall seek comment on the National Emergency 

Number Association’s ‘‘Technical Requirements Document On 

Model Legislation E9–1–1 for Multi-Line Telephone Systems’’ 

(NENA 06–750, Version 2). 

SEC. 6505. GAO STUDY OF STATE AND LOCAL USE OF 9–1–1 SERVICE 

CHARGES. 

(a) IN GENERAL.—Not later than 60 days after the date of 

the enactment of this Act, the Comptroller General of the United 

States shall initiate a study of— 

(1) the imposition of taxes, fees, or other charges imposed 

by States or political subdivisions of States that are designated 

or presented as dedicated to improve emergency communications services, including 9–1–1 services or enhanced 9–1–1 services, or related to emergency communications services operations or improvements; and 

(2) the use of revenues derived from such taxes, fees, or 

charges. 

(b) REPORT.—Not later than 18 months after initiating the 

study required by subsection (a), the Comptroller General shall 

prepare and submit a report on the results of the study to the 

Committee on Commerce, Science, and Transportation of the Senate 

and the Committee on Energy and Commerce of the House of 

Representatives setting forth the findings, conclusions, and recommendations, if any, of the study, including— 

(1) the identity of each State or political subdivision that 

imposes such taxes, fees, or other charges; and 

(2) the amount of revenues obligated or expended by that 

State or political subdivision for any purpose other than the 

purposes for which such taxes, fees, or charges were designated 

or presented. 

SEC. 6506. PARITY OF PROTECTION FOR PROVISION OR USE OF NEXT 

GENERATION 9–1–1 SERVICES. 

(a) IMMUNITY.—A provider or user of Next Generation 9–1– 

1 services, a public safety answering point, and the officers, directors, employees, vendors, agents, and authorizing government entity 

47 USC 1472. 

Deadline. 

Notice. 

Reports. 

Deadlines. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 243 

(if any) of such provider, user, or public safety answering point, 

shall have immunity and protection from liability under Federal 

and State law to the extent provided in subsection (b) with respect 

to— 

(1) the release of subscriber information related to emergency calls or emergency services; 

(2) the use or provision of 9–1–1 services, E9–1–1 services, 

or Next Generation 9–1–1 services; and 

(3) other matters related to 9–1–1 services, E9–1–1 services, or Next Generation 9–1–1 services. 

(b) SCOPE OF IMMUNITY AND PROTECTION FROM LIABILITY.— The scope and extent of the immunity and protection from liability 

afforded under subsection (a) shall be the same as that provided 

under section 4 of the Wireless Communications and Public Safety 

Act of 1999 (47 U.S.C. 615a) to wireless carriers, public safety 

answering points, and users of wireless 9–1–1 service (as defined 

in paragraphs (4), (3), and (6), respectively, of section 6 of that 

Act (47 U.S.C. 615b)) with respect to such release, use, and other 

matters. 

SEC. 6507. COMMISSION PROCEEDING ON AUTODIALING. 

(a) IN GENERAL.—Not later than 90 days after the date of 

the enactment of this Act, the Commission shall initiate a proceeding to create a specialized Do-Not-Call registry for public safety 

answering points. 

(b) FEATURES OF THE REGISTRY.—The Commission shall issue 

regulations, after providing the public with notice and an opportunity to comment, that— 

(1) permit verified public safety answering point administrators or managers to register the telephone numbers of all 

9–1–1 trunks and other lines used for the provision of emergency services to the public or for communications between 

public safety agencies; 

(2) provide a process for verifying, no less frequently than 

once every 7 years, that registered numbers should continue 

to appear upon the registry; 

(3) provide a process for granting and tracking access to 

the registry by the operators of automatic dialing equipment; 

(4) protect the list of registered numbers from disclosure 

or dissemination by parties granted access to the registry; 

and 

(5) prohibit the use of automatic dialing or ‘‘robocall’’ equipment to establish contact with registered numbers. 

(c) ENFORCEMENT.—The Commission shall— 

(1) establish monetary penalties for violations of the protective regulations established pursuant to subsection (b)(4) of 

not less than $100,000 per incident nor more than $1,000,000 

per incident; 

(2) establish monetary penalties for violations of the 

prohibition on automatically dialing registered numbers established pursuant to subsection (b)(5) of not less than $10,000 

per call nor more than $100,000 per call; and 

(3) provide for the imposition of fines under paragraphs 

(1) or (2) that vary depending upon whether the conduct leading 

to the violation was negligent, grossly negligent, reckless, or 

willful, and depending on whether the violation was a first 

or subsequent offence. 

Penalties. 

Fines. 

Regulations. 

Notice. 

Deadline. 

47 USC 1473. 


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126 STAT. 244 PUBLIC LAW 112–96—FEB. 22, 2012 

SEC. 6508. REPORT ON COSTS FOR REQUIREMENTS AND SPECIFICATIONS OF NEXT GENERATION 9–1–1 SERVICES. 

(a) IN GENERAL.—Not later than 1 year after the date of the 

enactment of this Act, the Office, in consultation with the Administrator of the National Highway Traffic Safety Administration, the 

Commission, and the Secretary of Homeland Security, shall prepare 

and submit a report to Congress that analyzes and determines 

detailed costs for specific Next Generation 9–1–1 service requirements and specifications. 

(b) PURPOSE OF REPORT.—The purpose of the report required 

under subsection (a) is to serve as a resource for Congress as 

it considers creating a coordinated, long-term funding mechanism 

for the deployment and operation, accessibility, application development, equipment procurement, and training of personnel for Next 

Generation 9–1–1 services. 

(c) REQUIRED INCLUSIONS.—The report required under subsection (a) shall include the following: 

(1) How costs would be broken out geographically and 

allocated among public safety answering points, broadband 

service providers, and third-party providers of Next Generation 

9–1–1 services. 

(2) An assessment of the current state of Next Generation 

9–1–1 service readiness among public safety answering points. 

(3) How differences in public safety answering points’ access 

to broadband across the United States may affect costs. 

(4) A technical analysis and cost study of different delivery 

platforms, such as wireline, wireless, and satellite. 

(5) An assessment of the architectural characteristics, feasibility, and limitations of Next Generation 9–1–1 service 

delivery. 

(6) An analysis of the needs for Next Generation 9–1– 

1 services of persons with disabilities. 

(7) Standards and protocols for Next Generation 9–1–1 

services and for incorporating Voice over Internet Protocol and 

‘‘Real-Time Text’’ standards. 

SEC. 6509. COMMISSION RECOMMENDATIONS FOR LEGAL AND STATUTORY FRAMEWORK FOR NEXT GENERATION 9–1–1 SERVICES. 

Not later than 1 year after the date of the enactment of this 

Act, the Commission, in coordination with the Secretary of Homeland Security, the Administrator of the National Highway Traffic 

Safety Administration, and the Office, shall prepare and submit 

a report to Congress that contains recommendations for the legal 

and statutory framework for Next Generation 9–1–1 services, consistent with recommendations in the National Broadband Plan 

developed by the Commission pursuant to the American Recovery 

and Reinvestment Act of 2009, including the following: 

(1) A legal and regulatory framework for the development 

of Next Generation 9–1–1 services and the transition from 

legacy 9–1–1 to Next Generation 9–1–1 networks. 

(2) Legal mechanisms to ensure efficient and accurate 

transmission of 9–1–1 caller information to emergency response 

agencies. 

(3) Recommendations for removing jurisdictional barriers 

and inconsistent legacy regulations including— 

Deadline. 

Reports. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 245 

(A) proposals that would require States to remove regulatory roadblocks to Next Generation 9–1–1 services 

development, while recognizing existing State authority 

over 9–1–1 services; 

(B) eliminating outdated 9–1–1 regulations at the Federal level; and 

(C) preempting inconsistent State regulations. 

Subtitle F—Telecommunications 

Development Fund 

SEC. 6601. NO ADDITIONAL FEDERAL FUNDS. 

Section 309(j)(8)(C)(iii) of the Communications Act of 1934 (47 

U.S.C. 309(j)(8)(C)(iii)) is amended to read as follows: 

‘‘(iii) the interest accrued to the account shall be 

deposited in the general fund of the Treasury, where 

such amount shall be dedicated for the sole purpose 

of deficit reduction.’’. 

SEC. 6602. INDEPENDENCE OF THE FUND. 

Section 714 of the Communications Act of 1934 (47 U.S.C. 

614) is amended— 

(1) by striking subsection (c) and inserting the following: 

‘‘(c) INDEPENDENT BOARD OF DIRECTORS.—The Fund shall have 

a Board of Directors consisting of 5 people with experience in 

areas including finance, investment banking, government banking, 

communications law and administrative practice, and public policy. 

The Board of Directors shall select annually a Chair from among 

the directors. A nominating committee, comprised of the Chair 

and 2 other directors selected by the Chair, shall appoint additional 

directors. The Fund’s bylaws shall regulate the other aspects of 

the Board of Directors, including provisions relating to meetings, 

quorums, committees, and other matters, all as typically contained 

in the bylaws of a similar private investment fund.’’; 

(2) in subsection (d)— 

(A) by striking ‘‘(after consultation with the Commission and the Secretary of the Treasury)’’; 

(B) by striking paragraph (1); and 

(C) by redesignating paragraphs (2) through (4) as 

paragraphs (1) through (3), respectively; and 

(3) in subsection (g), by striking ‘‘subsection (d)(2)’’ and 

inserting ‘‘subsection (d)(1)’’. 

Subtitle G—Federal Spectrum Relocation 

SEC. 6701. RELOCATION OF AND SPECTRUM SHARING BY FEDERAL 

GOVERNMENT STATIONS. 

(a) IN GENERAL.—Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 

923) is amended— 

(1) in subsection (g)— 

(A) by striking the heading and inserting ‘‘RELOCATION

OF AND SPECTRUM SHARING BY FEDERAL GOVERNMENT STA- TIONS.—’’; 

(B) by amending paragraph (1) to read as follows: 

Appointments. 

Deadline. 


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126 STAT. 246 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Federal entity that 

operates a Federal Government station authorized to use a 

band of eligible frequencies described in paragraph (2) and 

that incurs relocation or sharing costs because of planning 

for an auction of spectrum frequencies or the reallocation of 

spectrum frequencies from Federal use to exclusive non-Federal 

use or to shared use shall receive payment for such relocation 

or sharing costs from the Spectrum Relocation Fund, in accordance with this section and section 118. For purposes of this 

paragraph, Federal power agencies exempted under subsection 

(c)(4) that choose to relocate from the frequencies identified 

for reallocation pursuant to subsection (a) are eligible to receive 

payment under this paragraph.’’; 

(C) by amending paragraph (2)(B) to read as follows: 

‘‘(B) any other band of frequencies reallocated from 

Federal use to non-Federal use or to shared use after 

January 1, 2003, that is assigned by competitive bidding 

pursuant to section 309(j) of the Communications Act of 

1934 (47 U.S.C. 309(j)).’’; 

(D) by amending paragraph (3) to read as follows: 

‘‘(3) RELOCATION OR SHARING COSTS DEFINED.— 

‘‘(A) IN GENERAL.—For purposes of this section and 

section 118, the term ‘relocation or sharing costs’ means 

the costs incurred by a Federal entity in connection with 

the auction of spectrum frequencies previously assigned 

to such entity or the sharing of spectrum frequencies 

assigned to such entity (including the auction or a planned 

auction of the rights to use spectrum frequencies on a 

shared basis with such entity) in order to achieve comparable capability of systems as before the relocation or 

sharing arrangement. Such term includes, with respect 

to relocation or sharing, as the case may be— 

‘‘(i) the costs of any modification or replacement 

of equipment, spares, associated ancillary equipment, 

software, facilities, operating manuals, training, or 

compliance with regulations that are attributable to 

relocation or sharing; 

‘‘(ii) the costs of all engineering, equipment, software, site acquisition, and construction, as well as 

any legitimate and prudent transaction expense, 

including term-limited Federal civil servant and contractor staff necessary to carry out the relocation or 

sharing activities of a Federal entity, and reasonable 

additional costs incurred by the Federal entity that 

are attributable to relocation or sharing, including 

increased recurring costs associated with the replacement of facilities; 

‘‘(iii) the costs of research, engineering studies, 

economic analyses, or other expenses reasonably 

incurred in connection with— 

‘‘(I) calculating the estimated relocation or 

sharing costs that are provided to the Commission 

pursuant to paragraph (4)(A); 

‘‘(II) determining the technical or operational 

feasibility of relocation to 1 or more potential 

relocation bands; or 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 247 

‘‘(III) planning for or managing a relocation 

or sharing arrangement (including spectrum 

coordination with auction winners); 

‘‘(iv) the one-time costs of any modification of 

equipment reasonably necessary— 

‘‘(I) to accommodate non-Federal use of shared 

frequencies; or 

‘‘(II) in the case of eligible frequencies reallocated for exclusive non-Federal use and assigned 

through a system of competitive bidding under 

section 309(j) of the Communications Act of 1934 

(47 U.S.C. 309(j)) but with respect to which a 

Federal entity retains primary allocation or protected status for a period of time after the completion of the competitive bidding process, to 

accommodate shared Federal and non-Federal use 

of such frequencies for such period; and 

‘‘(v) the costs associated with the accelerated 

replacement of systems and equipment if the acceleration is necessary to ensure the timely relocation of 

systems to a new frequency assignment or the timely 

accommodation of sharing of Federal frequencies. 

‘‘(B) COMPARABLE CAPABILITY OF SYSTEMS.—For purposes of subparagraph (A), comparable capability of systems— 

‘‘(i) may be achieved by relocating a Federal 

Government station to a new frequency assignment, 

by relocating a Federal Government station to a different geographic location, by modifying Federal 

Government equipment to mitigate interference or use 

less spectrum, in terms of bandwidth, geography, or 

time, and thereby permitting spectrum sharing 

(including sharing among relocated Federal entities 

and incumbents to make spectrum available for nonFederal use) or relocation, or by utilizing an alternative 

technology; and 

‘‘(ii) includes the acquisition of state-of-the-art 

replacement systems intended to meet comparable 

operational scope, which may include incidental 

increases in functionality.’’; 

(E) in paragraph (4)— 

(i) in the heading, by striking ‘‘RELOCATIONS COSTS’’ 

and inserting ‘‘RELOCATION OR SHARING COSTS’’; 

(ii) by striking ‘‘relocation costs’’ each place it 

appears and inserting ‘‘relocation or sharing costs’’; 

and 

(iii) in subparagraph (A), by inserting ‘‘or sharing’’ 

after ‘‘such relocation’’; 

(F) in paragraph (5)— 

(i) by striking ‘‘relocation costs’’ and inserting 

‘‘relocation or sharing costs’’; and 

(ii) by inserting ‘‘or sharing’’ after ‘‘for relocation’’; 

and 

(G) by amending paragraph (6) to read as follows: 

‘‘(6) IMPLEMENTATION OF PROCEDURES.—The NTIA shall 

take such actions as necessary to ensure the timely relocation 


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126 STAT. 248 PUBLIC LAW 112–96—FEB. 22, 2012 

of Federal entities’ spectrum-related operations from frequencies described in paragraph (2) to frequencies or facilities 

of comparable capability and to ensure the timely implementation of arrangements for the sharing of frequencies described 

in such paragraph. Upon a finding by the NTIA that a Federal 

entity has achieved comparable capability of systems, the NTIA 

shall terminate or limit the entity’s authorization and notify 

the Commission that the entity’s relocation has been completed 

or sharing arrangement has been implemented. The NTIA shall 

also terminate such entity’s authorization if the NTIA determines that the entity has unreasonably failed to comply with 

the timeline for relocation or sharing submitted by the Director 

of the Office of Management and Budget under section 

118(d)(2)(C).’’; 

(2) by redesignating subsections (h) and (i) as subsections 

(k) and (l), respectively; and 

(3) by inserting after subsection (g) the following: 

‘‘(h) DEVELOPMENT AND PUBLICATION OF RELOCATION OR

SHARING TRANSITION PLANS.— 

‘‘(1) DEVELOPMENT OF TRANSITION PLAN BY FEDERAL

ENTITY.—Not later than 240 days before the commencement 

of any auction of eligible frequencies described in subsection 

(g)(2), a Federal entity authorized to use any such frequency 

shall submit to the NTIA and to the Technical Panel established 

by paragraph (3) a transition plan for the implementation by 

such entity of the relocation or sharing arrangement. The NTIA 

shall specify, after public input, a common format for all Federal 

entities to follow in preparing transition plans under this paragraph. 

‘‘(2) CONTENTS OF TRANSITION PLAN.—The transition plan 

required by paragraph (1) shall include the following information: 

‘‘(A) The use by the Federal entity of the eligible frequencies to be auctioned, current as of the date of the 

submission of the plan. 

‘‘(B) The geographic location of the facilities or systems 

of the Federal entity that use such frequencies. 

‘‘(C) The frequency bands used by such facilities or 

systems, described by geographic location. 

‘‘(D) The steps to be taken by the Federal entity to 

relocate its spectrum use from such frequencies or to share 

such frequencies, including timelines for specific geographic 

locations in sufficient detail to indicate when use of such 

frequencies at such locations will be discontinued by the 

Federal entity or shared between the Federal entity and 

non-Federal users. 

‘‘(E) The specific interactions between the eligible Federal entity and the NTIA needed to implement the transition plan. 

‘‘(F) The name of the officer or employee of the Federal 

entity who is responsible for the relocation or sharing 

efforts of the entity and who is authorized to meet and 

negotiate with non-Federal users regarding the transition. 

‘‘(G) The plans and timelines of the Federal entity 

for— 

‘‘(i) using funds received from the Spectrum Relocation Fund established by section 118; 

Public input. 

Deadline. 

Termination. 

Determination. 

Termination. 

Notification. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 249 

‘‘(ii) procuring new equipment and additional personnel needed for relocation or sharing; 

‘‘(iii) field-testing and deploying new equipment 

needed for relocation or sharing; and 

‘‘(iv) hiring and relying on contract personnel, if 

any, needed for relocation or sharing. 

‘‘(H) Factors that could hinder fulfillment of the transition plan by the Federal entity. 

‘‘(3) TECHNICAL PANEL.— 

‘‘(A) ESTABLISHMENT.—There is established within the 

NTIA a panel to be known as the Technical Panel. 

‘‘(B) MEMBERSHIP.— 

‘‘(i) NUMBER AND APPOINTMENT.—The Technical 

Panel shall be composed of 3 members, to be appointed 

as follows: 

‘‘(I) One member to be appointed by the 

Director of the Office of Management and Budget 

(in this subsection referred to as ‘OMB’). 

‘‘(II) One member to be appointed by the 

Assistant Secretary. 

‘‘(III) One member to be appointed by the 

Chairman of the Commission. 

‘‘(ii) QUALIFICATIONS.—Each member of the Technical Panel shall be a radio engineer or a technical 

expert. 

‘‘(iii) INITIAL APPOINTMENT.—The initial members 

of the Technical Panel shall be appointed not later 

than 180 days after the date of the enactment of the 

Middle Class Tax Relief and Job Creation Act of 2012. 

‘‘(iv) TERMS.—The term of a member of the Technical Panel shall be 18 months, and no individual 

may serve more than 1 consecutive term. 

‘‘(v) VACANCIES.—Any member appointed to fill a 

vacancy occurring before the expiration of the term 

for which the member’s predecessor was appointed 

shall be appointed only for the remainder of that term. 

A member may serve after the expiration of that member’s term until a successor has taken office. A vacancy 

shall be filled in the manner in which the original 

appointment was made. 

‘‘(vi) NO COMPENSATION.—The members of the 

Technical Panel shall not receive any compensation 

for service on the Technical Panel. If any such member 

is an employee of the agency of the official that 

appointed such member to the Technical Panel, compensation in the member’s capacity as such an 

employee shall not be considered compensation under 

this clause. 

‘‘(C) ADMINISTRATIVE SUPPORT.—The NTIA shall provide the Technical Panel with the administrative support 

services necessary to carry out its duties under this subsection and subsection (i). 

‘‘(D) REGULATIONS.—Not later than 180 days after the 

date of the enactment of the Middle Class Tax Relief and 

Job Creation Act of 2012, the NTIA shall, after public 

notice and comment and subject to approval by the Director 

Deadline. 

Notice. 

Public comment. 

Deadline. 


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126 STAT. 250 PUBLIC LAW 112–96—FEB. 22, 2012 

of OMB, adopt regulations to govern the workings of the 

Technical Panel. 

‘‘(E) CERTAIN REQUIREMENTS INAPPLICABLE.—The Federal Advisory Committee Act (5 U.S.C. App.) and sections 

552 and 552b of title 5, United States Code, shall not 

apply to the Technical Panel. 

‘‘(4) REVIEW OF PLAN BY TECHNICAL PANEL.— ‘‘(A) IN GENERAL.—Not later than 30 days after the 

submission of the plan under paragraph (1), the Technical 

Panel shall submit to the NTIA and to the Federal entity 

a report on the sufficiency of the plan, including whether 

the plan includes the information required by paragraph 

(2) and an assessment of the reasonableness of the proposed 

timelines and estimated relocation or sharing costs, 

including the costs of any proposed expansion of the 

capabilities of a Federal system in connection with relocation or sharing. 

‘‘(B) INSUFFICIENCY OF PLAN.—If the Technical Panel 

finds the plan insufficient, the Federal entity shall, not 

later than 90 days after the submission of the report by 

the Technical Panel under subparagraph (A), submit to 

the Technical Panel a revised plan. Such revised plan shall 

be treated as a plan submitted under paragraph (1). 

‘‘(5) PUBLICATION OF TRANSITION PLAN.—Not later than 120 

days before the commencement of the auction described in 

paragraph (1), the NTIA shall make the transition plan publicly 

available on its website. 

‘‘(6) UPDATES OF TRANSITION PLAN.—As the Federal entity 

implements the transition plan, it shall periodically update 

the plan to reflect any changed circumstances, including 

changes in estimated relocation or sharing costs or the timeline 

for relocation or sharing. The NTIA shall make the updates 

available on its website. 

‘‘(7) CLASSIFIED AND OTHER SENSITIVE INFORMATION.— 

‘‘(A) CLASSIFIED INFORMATION.—If any of the information required to be included in the transition plan of a 

Federal entity is classified information (as defined in section 798(b) of title 18, United States Code), the entity 

shall— 

‘‘(i) include in the plan— 

‘‘(I) an explanation of the exclusion of any 

such information, which shall be as specific as 

possible; and 

‘‘(II) all relevant non-classified information 

that is available; and 

‘‘(ii) discuss as a factor under paragraph (2)(H) 

the extent of the classified information and the effect 

of such information on the implementation of the 

relocation or sharing arrangement. 

‘‘(B) REGULATIONS.—Not later than 180 days after the 

date of the enactment of the Middle Class Tax Relief and 

Job Creation Act of 2012, the NTIA, in consultation with 

the Director of OMB and the Secretary of Defense, shall 

adopt regulations to ensure that the information publicly 

released under paragraph (5) or (6) does not contain classified information or other sensitive information. 

‘‘(i) DISPUTE RESOLUTION PROCESS.— 

Deadlines. 

Deadline. 

Public 

information. 

Web posting. 

Deadline. 

Reports. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 251 

‘‘(1) IN GENERAL.—If a dispute arises between a Federal 

entity and a non-Federal user regarding the execution, timing, 

or cost of the transition plan submitted by the Federal entity 

under subsection (h)(1), the Federal entity or the non-Federal 

user may request that the NTIA establish a dispute resolution 

board to resolve the dispute. 

‘‘(2) ESTABLISHMENT OF BOARD.— ‘‘(A) IN GENERAL.—If the NTIA receives a request under 

paragraph (1), it shall establish a dispute resolution board. 

‘‘(B) MEMBERSHIP AND APPOINTMENT.—The dispute 

resolution board shall be composed of 3 members, as follows: 

‘‘(i) A representative of the Office of Management 

and Budget (in this subsection referred to as ‘OMB’), 

to be appointed by the Director of OMB. 

‘‘(ii) A representative of the NTIA, to be appointed 

by the Assistant Secretary. 

‘‘(iii) A representative of the Commission, to be 

appointed by the Chairman of the Commission. 

‘‘(C) CHAIR.—The representative of OMB shall be the 

Chair of the dispute resolution board. 

‘‘(D) VACANCIES.—Any vacancy in the dispute resolution board shall be filled in the manner in which the 

original appointment was made. 

‘‘(E) NO COMPENSATION.—The members of the dispute 

resolution board shall not receive any compensation for 

service on the board. If any such member is an employee 

of the agency of the official that appointed such member 

to the board, compensation in the member’s capacity as 

such an employee shall not be considered compensation 

under this subparagraph. 

‘‘(F) TERMINATION OF BOARD.—The dispute resolution 

board shall be terminated after it rules on the dispute 

that it was established to resolve and the time for appeal 

of its decision under paragraph (7) has expired, unless 

an appeal has been taken under such paragraph. If such 

an appeal has been taken, the board shall continue to 

exist until the appeal process has been exhausted and 

the board has completed any action required by a court 

hearing the appeal. 

‘‘(3) PROCEDURES.—The dispute resolution board shall meet 

simultaneously with representatives of the Federal entity and 

the non-Federal user to discuss the dispute. The dispute resolution board may require the parties to make written submissions 

to it. 

‘‘(4) DEADLINE FOR DECISION.—The dispute resolution board 

shall rule on the dispute not later than 30 days after the 

request was made to the NTIA under paragraph (1). 

‘‘(5) ASSISTANCE FROM TECHNICAL PANEL.—The Technical 

Panel established under subsection (h)(3) shall provide the 

dispute resolution board with such technical assistance as the 

board requests. 

‘‘(6) ADMINISTRATIVE SUPPORT.—The NTIA shall provide 

the dispute resolution board with the administrative support 

services necessary to carry out its duties under this subsection. 

‘‘(7) APPEALS.—A decision of the dispute resolution board 

may be appealed to the United States Court of Appeals for 

Deadline. 


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126 STAT. 252 PUBLIC LAW 112–96—FEB. 22, 2012 

the District of Columbia Circuit by filing a notice of appeal 

with that court not later than 30 days after the date of such 

decision. Each party shall bear its own costs and expenses, 

including attorneys’ fees, for any appeal under this paragraph. 

‘‘(8) REGULATIONS.—Not later than 180 days after the date 

of the enactment of the Middle Class Tax Relief and Job Creation Act of 2012, the NTIA shall, after public notice and 

comment and subject to approval by OMB, adopt regulations 

to govern the working of any dispute resolution boards established under paragraph (2)(A) and the role of the Technical 

Panel in assisting any such board. 

‘‘(9) CERTAIN REQUIREMENTS INAPPLICABLE.—The Federal 

Advisory Committee Act (5 U.S.C. App.) and sections 552 and 

552b of title 5, United States Code, shall not apply to a dispute 

resolution board established under paragraph (2)(A). 

‘‘(j) RELOCATION PRIORITIZED OVER SHARING.— ‘‘(1) IN GENERAL.—In evaluating a band of frequencies for 

possible reallocation for exclusive non-Federal use or shared 

use, the NTIA shall give priority to options involving reallocation of the band for exclusive non-Federal use and shall choose 

options involving shared use only when it determines, in consultation with the Director of the Office of Management and 

Budget, that relocation of a Federal entity from the band is 

not feasible because of technical or cost constraints. 

‘‘(2) NOTIFICATION OF CONGRESS WHEN SHARING CHOSEN.— 

If the NTIA determines under paragraph (1) that relocation 

of a Federal entity from the band is not feasible, the NTIA 

shall notify the Committee on Commerce, Science, and 

Transportation of the Senate and the Committee on Energy 

and Commerce of the House of Representatives of the determination, including the specific technical or cost constraints 

on which the determination is based.’’. 

(b) CONFORMING AMENDMENT.—Section 309(j) of the Communications Act of 1934 is further amended by striking ‘‘relocation 

costs’’ each place it appears and inserting ‘‘relocation or sharing 

costs’’. 

SEC. 6702. SPECTRUM RELOCATION FUND. 

Section 118 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 928) is amended— 

(1) by striking ‘‘relocation costs’’ each place it appears and 

inserting ‘‘relocation or sharing costs’’; 

(2) by amending subsection (c) to read as follows: 

‘‘(c) USE OF FUNDS.—The amounts in the Fund from auctions 

of eligible frequencies are authorized to be used to pay relocation 

or sharing costs of an eligible Federal entity incurring such costs 

with respect to relocation from or sharing of those frequencies.’’; 

(3) in subsection (d)— 

(A) in paragraph (2)— 

(i) in subparagraph (A), by inserting ‘‘or sharing’’ 

before the semicolon; 

(ii) in subparagraph (B), by inserting ‘‘or sharing’’ 

before the period at the end; 

(iii) by redesignating subparagraphs (A) and (B) 

as subparagraphs (B) and (C), respectively; and 

(iv) by inserting before subparagraph (B), as so 

redesignated, the following: 

47 USC 309. 

Determination. 

Deadline. 

Notice. 

Public comments. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 253 

‘‘(A) unless the eligible Federal entity has submitted 

a transition plan to the NTIA as required by paragraph 

(1) of section 113(h), the Technical Panel has found such 

plan sufficient under paragraph (4) of such section, and 

the NTIA has made available such plan on its website 

as required by paragraph (5) of such section;’’; 

(B) by striking paragraph (3); and 

(C) by adding at the end the following: 

‘‘(3) TRANSFERS FOR PRE-AUCTION COSTS.— ‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 

Director of OMB may transfer to an eligible Federal entity, 

at any time (including prior to a scheduled auction), such 

sums as may be available in the Fund to pay relocation 

or sharing costs related to pre-auction estimates or 

research, as such costs are described in section 

113(g)(3)(A)(iii). 

‘‘(B) NOTIFICATION.—No funds may be transferred 

pursuant to subparagraph (A) unless— 

‘‘(i) the notification provided under paragraph 

(2)(C) includes a certification from the Director of OMB 

that— 

‘‘(I) funds transferred before an auction will 

likely allow for timely implementation of relocation 

or sharing, thereby increasing net expected auction 

proceeds by an amount not less than the time 

value of the amount of funds transferred; and 

‘‘(II) the auction is intended to occur not later 

than 5 years after transfer of funds; and 

‘‘(ii) the transition plan submitted by the eligible 

Federal entity under section 113(h)(1) provides— 

‘‘(I) to the fullest extent possible, for sharing 

and coordination of eligible frequencies with nonFederal users, including reasonable accommodation by the eligible Federal entity for the use of 

eligible frequencies by non-Federal users during 

the period that the entity is relocating its spectrum 

uses (in this clause referred to as the ‘transition 

period’); 

‘‘(II) for non-Federal users to be able to use 

eligible frequencies during the transition period 

in geographic areas where the eligible Federal 

entity does not use such frequencies; 

‘‘(III) that the eligible Federal entity will, 

during the transition period, make itself available 

for negotiation and discussion with non-Federal 

users not later than 30 days after a written request 

therefor; and 

‘‘(IV) that the eligible Federal entity will, 

during the transition period, make available to 

a non-Federal user with appropriate security clearances any classified information (as defined in section 798(b) of title 18, United States Code) 

regarding the relocation process, on a need-to-know 

basis, to assist the non-Federal user in the relocation process with such eligible Federal entity or 

other eligible Federal entities. 

‘‘(C) APPLICABILITY TO CERTAIN COSTS.— 

Deadline. 

Deadline. 

Certification. 


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126 STAT. 254 PUBLIC LAW 112–96—FEB. 22, 2012 

‘‘(i) IN GENERAL.—The Director of OMB may 

transfer under subparagraph (A) not more than 

$10,000,000 for costs incurred after June 28, 2010, 

but before the date of the enactment of the Middle 

Class Tax Relief and Job Creation Act of 2012. 

‘‘(ii) SUPPLEMENT NOT SUPPLANT.—Any amounts 

transferred by the Director of OMB pursuant to clause 

(i) shall be in addition to any amounts that the Director 

of OMB may transfer for costs incurred on or after 

the date of the enactment of the Middle Class Tax 

Relief and Job Creation Act of 2012. 

‘‘(4) REVERSION OF UNUSED FUNDS.—Any amounts in the 

Fund that are remaining after the payment of the relocation 

or sharing costs that are payable from the Fund shall revert 

to and be deposited in the general fund of the Treasury, for 

the sole purpose of deficit reduction, not later than 8 years 

after the date of the deposit of such proceeds to the Fund, 

unless within 60 days in advance of the reversion of such 

funds, the Director of OMB, in consultation with the NTIA, 

notifies the congressional committees described in paragraph 

(2)(C) that such funds are needed to complete or to implement 

current or future relocation or sharing arrangements.’’; 

(4) in subsection (e)— 

(A) in paragraph (1)(B)— 

(i) in clause (i), by striking ‘‘subsection (d)(2)(A)’’ 

and inserting ‘‘subsection (d)(2)(B)’’; and 

(ii) in clause (ii), by striking ‘‘subsection (d)(2)(B)’’ 

and inserting ‘‘subsection (d)(2)(C)’’; and 

(B) in paragraph (2)— 

(i) by striking ‘‘entity’s relocation’’ and inserting 

‘‘relocation of the entity or implementation of the 

sharing arrangement by the entity’’; 

(ii) by inserting ‘‘or the implementation of such 

arrangement’’ after ‘‘such relocation’’; and 

(iii) by striking ‘‘subsection (d)(2)(A)’’ and inserting 

‘‘subsection (d)(2)(B)’’; and 

(5) by adding at the end the following: 

‘‘(f) ADDITIONAL PAYMENTS FROM FUND.— 

‘‘(1) AMOUNTS AVAILABLE.—Notwithstanding subsections (c) 

through (e), after the date of the enactment of the Middle 

Class Tax Relief and Job Creation Act of 2012, there are appropriated from the Fund and available to the Director of OMB 

for use in accordance with paragraph (2) not more than 10 

percent of the amounts deposited in the Fund from auctions 

occurring after such date of enactment of licenses for the use 

of spectrum vacated by eligible Federal entities. 

‘‘(2) USE OF AMOUNTS.— 

‘‘(A) IN GENERAL.—The Director of OMB, in consultation with the NTIA, may use amounts made available 

under paragraph (1) to make payments to eligible Federal 

entities that are implementing a transition plan submitted 

under section 113(h)(1) in order to encourage such entities 

to complete the implementation more quickly, thereby 

encouraging timely access to the eligible frequencies that 

are being reallocated for exclusive non-Federal use or 

shared use. 

Appropriation 

authorization. 

Deadline. 

Time period. 

Notification. 

Deadline. 


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PUBLIC LAW 112–96—FEB. 22, 2012 126 STAT. 255 

‘‘(B) CONDITIONS.—In the case of any payment by the 

Director of OMB under subparagraph (A)— 

‘‘(i) such payment shall be based on the market 

value of the eligible frequencies, the timeliness with 

which the eligible Federal entity clears its use of such 

frequencies, and the need for such frequencies in order 

for the entity to conduct its essential missions; 

‘‘(ii) the eligible Federal entity shall use such payment for the purposes specified in clauses (i) through 

(v) of section 113(g)(3)(A) to achieve comparable capability of systems affected by the reallocation of eligible 

frequencies from Federal use to exclusive non-Federal 

use or to shared use; 

‘‘(iii) such payment may not be made if the amount 

remaining in the Fund after such payment will be 

less than 10 percent of the winning bids in the auction 

of the spectrum with respect to which the Federal 

entity is incurring relocation or sharing costs; and 

‘‘(iv) such payment may not be made until 30 days 

after the Director of OMB has notified the congressional committees described in subsection (d)(2)(C). 

‘‘(g) RESTRICTION ON USE OF FUNDS.—No amounts in the Fund 

on the day before the date of the enactment of the Middle Class 

Tax Relief and Job Creation Act of 2012 may be used for any 

purpose except— 

‘‘(1) to pay the relocation or sharing costs incurred by 

eligible Federal entities in order to relocate from the frequencies 

the auction of which generated such amounts; or 

‘‘(2) to pay relocation or sharing costs related to pre-auction 

estimates or research, in accordance with subsection (d)(3).’’. 

SEC. 6703. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION. 

Part B of title I of the National Telecommunications and 

Information Administration Organization Act (47 U.S.C. 921 et 

seq.) is amended by adding at the end the following: 

‘‘SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION. 

‘‘(a) DETERMINATION.—If the head of an Executive agency (as 

defined in section 105 of title 5, United States Code) determines 

that public disclosure of any information contained in a notification 

or report required by section 113 or 118 would reveal classified 

national security information, or other information for which there 

is a legal basis for nondisclosure and the public disclosure of which 

would be detrimental to national security, homeland security, or 

public safety or would jeopardize a law enforcement investigation, 

the head of the Executive agency shall notify the Assistant Secretary of that determination prior to the release of such information. 

‘‘(b) INCLUSION IN ANNEX.—The head of the Executive agency 

shall place the information with respect to which a determination 

was made under subsection (a) in a separate annex to the notification or report required by section 113 or 118. The annex shall 

be provided to the subcommittee of primary jurisdiction of the 

congressional committee of primary jurisdiction in accordance with 

appropriate national security stipulations but shall not be disclosed 

to the public or provided to any unauthorized person through any 

means.’’. 

Notification. 

47 USC 929. 

Time period. 

Notification. 


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126 STAT. 256 PUBLIC LAW 112–96—FEB. 22, 2012 

LEGISLATIVE HISTORY—H.R. 3630: 

HOUSE REPORTS: No. 112–399 (Comm. of Conference). 

CONGRESSIONAL RECORD: 

Vol. 157 (2011): Dec. 13, considered and passed House. 

Dec. 17, considered and passed Senate, amended. 

Vol. 158 (2012): Feb. 17, House and Senate agreed to conference report. 

Æ 

TITLE VII—MISCELLANEOUS 

PROVISIONS 

SEC. 7001. REPEAL OF CERTAIN SHIFTS IN THE TIMING OF CORPORATE 

ESTIMATED TAX PAYMENTS. 

The following provisions of law (and any modification of any 

such provision which is contained in any other provision of law) 

shall not apply with respect to any installment of corporate estimated tax: 

(1) Section 201(b) of the Corporate Estimated Tax Shift 

Act of 2009. 

(2) Section 561 of the Hiring Incentives to Restore Employment Act. 

(3) Section 505 of the United States-Korea Free Trade 

Agreement Implementation Act. 

(4) Section 603 of the United States-Colombia Trade Promotion Agreement Implementation Act. 

(5) Section 502 of the United States-Panama Trade Promotion Agreement Implementation Act. 

SEC. 7002. REPEAL OF REQUIREMENT RELATING TO TIME FOR REMITTING CERTAIN MERCHANDISE PROCESSING FEES. 

(a) REPEAL.—The Trade Adjustment Assistance Extension Act 

of 2011 (title II of Public Law 112–40; 125 Stat. 402) is amended 

by striking section 263. 

(b) CLERICAL AMENDMENT.—The table of contents for such Act 

is amended by striking the item relating to section 263. 

SEC. 7003. TREATMENT FOR PAYGO PURPOSES. 

The budgetary effects of this Act shall not be entered on either 

PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. 

Approved February 22, 2012. 

19 USC 58c note. 

26 USC 6655 

note. 


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