Spectrum Innovation Act of 2022

To make available additional frequencies in the 3.1–3.45 GHz band for non-Federal use, shared Federal and non-Federal use, or a combination thereof, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Spectrum Innovation Act of 2022 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Spectrum Auctions and Innovation Sec. 101. Spectrum auctions and innovation. Title II—Secure and Trusted Communications Networks Reimbursement Program Sec. 201. Increase in limitation on expenditure. Title III—Next Generation 9–1–1 Sec. 301. Further deployment and coordination of Next Generation 9–1–1. Sec. 302. Transfer to NTIA of sole responsibility for certain 9–1–1 implementation coordination functions. Title IV—Incumbent Informing Capability Sec. 401. Incumbent informing capability. Title V—Extension of FCC Auction Authority Sec. 501. Extension of FCC auction authority. Title VI—Public Safety and Secure Networks Fund Sec. 601. Public Safety and Secure Networks Fund. I Spectrum Auctions and Innovation 101. Spectrum auctions and innovation (a) Definitions In this section: (1) Assistant secretary The term Assistant Secretary (2) Commission The term Commission (3) Covered band The term covered band (4) Federal entity The term Federal entity 47 U.S.C. 923(l) (5) Relevant congressional committees The term relevant congressional committees (A) the Committee on Energy and Commerce of the House of Representatives; (B) the Committee on Commerce, Science, and Transportation of the Senate; (C) the Committee on Armed Services of the House of Representatives; and (D) the Committee on Armed Services of the Senate. (6) Relocation or sharing costs The term relocation or sharing costs 47 U.S.C. 923(g)(3) (7) Secretary The term Secretary (b) 3.1–3.45 GHz band (1) Pipeline funding (A) In general Federal entities with operations in the covered band that the Assistant Secretary determines might be affected by reallocation of the covered band may request funding to carry out activities as described under subparagraph (A) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (i) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (ii) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (B) Plan Federal entities with operations in the covered band that the Assistant Secretary determines might be affected by reallocation of the covered band shall submit a plan in accordance with subparagraph (E) of subsection (g)(2) of section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (C) Exemption Section 118(g)(2)(D)(ii) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928(g)(2)(D)(ii) (D) Oversight The Assistant Secretary and the Executive Office of the President shall continuously review and provide oversight of the activities carried out using a payment under subparagraph (A) and a payment pursuant to section 90008 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 47 U.S.C. 921 (E) Report to Secretary of Commerce and Congress Not later than 15 months after the date of enactment of this Act, for the purposes of aiding the Secretary in making the identification under paragraph (2) and informed by the activities carried out using a payment under subparagraph (A) or a payment pursuant to section 90008 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 47 U.S.C. 921 (i) contains the findings of the activities carried out using such payment; and (ii) recommends— (I) frequencies in the covered band for identification by the Secretary under paragraph (2)(A); and (II) frequencies in the covered band for identification by the Secretary under paragraph (2)(B). (2) Identification Not later than 21 months after the date of enactment of this Act, informed by the activities carried out using a payment under paragraph (1)(A) and the report required under paragraph (1)(E), the Secretary, in consultation with the Secretary of Defense, the Director of the Office of Science and Technology Policy, and the Commission, shall submit to the President, the Commission, and the relevant congressional committees a report that— (A) identifies for inclusion in a system of competitive bidding under paragraph (3) at least 200 megahertz of frequencies in the covered band for non-Federal use, shared Federal and non-Federal use, or a combination thereof; and (B) identifies additional frequencies in the covered band that could be made available for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (3) Auction (A) In general Not later than 7 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall commence a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (B) Prohibition No entity that is on the list required by section 2 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601 (C) Scope The Commission may not include in the system of competitive bidding required by subparagraph (A) any frequencies that are not in the covered band. (D) Deposit of proceeds Notwithstanding subparagraphs (A), (C)(i), and (D) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) covered proceeds (i) Such amount of the covered proceeds as is necessary to cover the relocation or sharing costs of Federal entities relocated from or sharing the frequencies identified under paragraph (2)(A) of this subsection shall be deposited in the Spectrum Relocation Fund established under section 118 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 928 (ii) After the amount required to be deposited by clause (i) is so deposited, any remainder of the covered proceeds shall be deposited in the Public Safety and Secure Networks Fund established by section 601. (4) Modification or withdrawal (A) In general The President shall modify or withdraw any assignment to a Federal Government station of the frequencies identified under paragraph (2)(A) to accommodate non-Federal use, shared Federal and non-Federal use, or a combination thereof in accordance with that paragraph. (B) Limitations The President may not modify or withdraw any assignment to a Federal Government station as described in subparagraph (A)— (i) unless the President determines that such modification or withdrawal will not compromise the primary mission of a Federal entity operating in the covered band; or (ii) before November 30, 2024. (5) Auction proceeds to cover 110 percent of federal relocation or sharing costs Nothing in this subsection shall be construed to relieve the Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) (6) Rules authorizing additional use of spectrum in covered band Not later than 4 years after the date of enactment of this Act, the Commission, in coordination with the Assistant Secretary, shall adopt rules that authorize the use of spectrum in the covered band identified under paragraph (2)(B) for non-Federal use, shared Federal and non-Federal use, or a combination thereof. (c) FCC auction authority (1) Termination Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) 2025 2026, and with respect to the electromagnetic spectrum identified under section 101(b)(2)(A) of the Spectrum Innovation Act of 2022 (2) Spectrum Pipeline Act of 2015 Section 1004 of the Spectrum Pipeline Act of 2015 ( Public Law 114–74 47 U.S.C. 921 (A) in subsection (a), by striking 2022 2024 (B) in subsection (b)(1), by striking 2022 2024 (C) in subsection (c)(1)(B), by striking 2024 2026 (d) Repeal Section 90008 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 47 U.S.C. 921 (e) Rule of construction Nothing in this section shall be construed to alter or impede the activities previously authorized by subsection (b)(1)(A) of section 90008 of the Infrastructure Investment and Jobs Act ( Public Law 117–58 47 U.S.C. 921 II Secure and Trusted Communications Networks Reimbursement Program 201. Increase in limitation on expenditure Section 4(k) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1603(k) $1,900,000,000 $5,300,000,000 III Next Generation 9–1–1 301. Further deployment and coordination of Next Generation 9–1–1 (a) Additional duties of the 9–1–1 Implementation coordination office with respect to Next Generation 9–1–1 Section 158 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 (1) in subsection (a)— (A) in paragraph (1)(B), by inserting and section 159 section (B) by adding at the end the following: (4) Additional duties of the office with respect to next generation 9–1–1 (A) Additional duties The Office shall— (i) take actions, in concert with the coordinators designated in accordance with section 159(b)(3)(A)(ii), to improve coordination and communication with respect to the implementation of Next Generation 9–1–1; (ii) develop, collect, and disseminate information concerning the practices, procedures, and technology used in the implementation of Next Generation 9–1–1; (iii) advise and assist eligible entities in the preparation of implementation plans required under section 159(b)(2)(A)(iii); (iv) provide technical assistance to eligible entities provided a grant under section 159(b) in support of efforts to explore efficiencies related to Next Generation 9–1–1; (v) receive, review, and recommend to the Assistant Secretary and the Administrator the approval or disapproval of applications for grants under section 159(b); and (vi) oversee the use of funds provided by such grants in fulfilling such implementation plans. (B) Annual reports Not later than October 1, 2023, and each year thereafter until funds made available to make grants under section 159(b) are no longer available to be expended, the Assistant Secretary and the Administrator shall submit to Congress a report on the activities conducted by the Office under subparagraph (A) in the year preceding the submission of the report. ; and (2) in subsection (d)(2), by striking section section (except for paragraphs (1) and (4) of subsection (a) and for subsection (e)) (b) Coordination of next generation 9–1–1 implementation Part C of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. 159. Coordination of next generation 9–1–1 implementation (a) Additional functions of 9–1–1 implementation coordination office (1) 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 180 days after the date of the enactment of this section, the Assistant Secretary and the Administrator shall— (i) submit the management plan developed under subparagraph (A) to— (I) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and (II) the Committees on Energy and Commerce and Appropriations of the House of Representatives; and (ii) publish the management plan developed under subparagraph (A) on the website of the National Telecommunications and Information Administration. (2) Modification of plan (A) Modification The Assistant Secretary and the Administrator may modify the management plan developed under paragraph (1)(A). (B) Submission Not later than 90 days after the plan is modified under subparagraph (A), the Assistant Secretary and the Administrator shall— (i) submit the modified plan to— (I) the Committees on Commerce, Science, and Transportation and Appropriations of the Senate; and (II) the Committees on Energy and Commerce and Appropriations of the House of Representatives; and (ii) publish the modified plan on the website of the National Telecommunications and Information Administration. (b) Next generation 9–1–1 implementation grants (1) Grants The Assistant Secretary and the Administrator, acting through the Office, shall provide grants to eligible entities for— (A) implementing Next Generation 9–1–1; (B) maintaining Next Generation 9–1–1; (C) training directly related to implementing, maintaining, and operating Next Generation 9–1–1 if the cost related to the training does not exceed 3 percent of the total grant award; (D) public outreach and education on how the public can best use Next Generation 9–1–1 and the capabilities and usefulness of Next Generation 9–1–1; (E) administrative costs associated with planning of Next Generation 9–1–1, including any cost related to planning for and preparing an application and related materials as required by this subsection, if— (i) the cost is fully documented in materials submitted to the Office; and (ii) the cost is reasonable, necessary, and does not exceed 1 percent of the total grant award; and (F) costs associated with implementing cybersecurity measures at emergency communications centers or with respect to Next Generation 9–1–1. (2) Application In providing grants under paragraph (1), the Assistant Secretary and the Administrator, acting through the Office, shall require an eligible entity to submit to the Office an application, at the time and in the manner determined by the Assistant Secretary and the Administrator, and containing the certification required by paragraph (3). (3) Coordination required Each eligible entity shall include in the application required by paragraph (2) a certification that— (A) in the case of an eligible entity that is a State, the entity— (i) has coordinated the application with the emergency communications centers located within the jurisdiction of the entity; (ii) has designated a single officer or governmental body to serve as the State point of contact to coordinate the implementation of Next Generation 9–1–1 for that State, except that such designation need not vest such officer or governmental body with direct legal authority to implement Next Generation 9–1–1 or to manage emergency communications operations; and (iii) has developed and submitted a plan for the coordination and implementation of Next Generation 9–1–1 that— (I) ensures interoperability by requiring the use of commonly accepted standards; (II) ensures reliable operations; (III) enables emergency communications centers to process, analyze, and store multimedia, data, and other information; (IV) incorporates cybersecurity tools, including intrusion detection and prevention measures; (V) includes strategies for coordinating cybersecurity information sharing between Federal, State, Tribal, and local government partners; (VI) uses open and competitive request for proposal processes, including through shared government procurement vehicles, for deployment of Next Generation 9–1–1; (VII) documents how input was received and accounted for from relevant rural and urban emergency communications centers, regional authorities, local authorities, and Tribal authorities; (VIII) includes a governance body or bodies, either by creation of new, or use of existing, body or bodies, for the development and deployment of Next Generation 9–1–1 that— (aa) ensures full notice and opportunity for participation by relevant stakeholders; and (bb) consults and coordinates with the State point of contact required by clause (ii); (IX) creates efficiencies related to Next Generation 9–1–1 functions, including cybersecurity and the virtualization and sharing of infrastructure, equipment, and services; and (X) utilizes an effective, competitive approach to establishing authentication, credentialing, secure connections, and access in deploying Next Generation 9–1–1, including by— (aa) requiring certificate authorities to be capable of cross-certification with other authorities; (bb) avoiding risk of a single point of failure or vulnerability; and (cc) adhering to Federal agency best practices such as those promulgated by the National Institute of Standards and Technology; and (B) in the case of an eligible entity that is a Tribal Organization, the Tribal Organization has complied with clauses (i) and (iii) of subparagraph (A). (4) Criteria (A) In general Not later than 1 year after the date of the enactment of this section, the Assistant Secretary 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 subsection. (B) Requirements The criteria shall— (i) include performance requirements and a schedule for completion of any project to be financed by a grant under this subsection; and (ii) specifically permit regional or multi-State applications for funds. (C) Updates The Assistant Secretary and the Administrator shall update such regulations as necessary. (5) Grant certifications Each eligible entity shall certify to the Assistant Secretary and the Administrator at the time of application, and each eligible entity that receives such a grant shall certify to the Assistant Secretary and the Administrator annually thereafter during any period of time the funds from the grant are available to the eligible entity, that— (A) beginning on the date that is 180 days before the date on which the application as filed, no portion of any 9–1–1 fee or charge imposed by the eligible entity (or in the case that the eligible entity is not a State or Tribal organization, any State or taxing jurisdiction within which the eligible entity will carry out, or is carrying out, activities using grant funds) are obligated or expended for a purpose or function not designated under the rules issued pursuant to section 6(f)(3) of the Wireless Communications and Public Safety Act of 1999 ( 47 U.S.C. 615a–1(f)(3) (B) any funds received by the eligible entity will be used consistent with subsection (b)(1) to support the deployment of Next Generation 9–1–1 that ensures reliability and interoperability, by requiring the use of commonly accepted standards; (C) the eligible entity (or in the case that the eligible entity is not a State or Tribal organization, any State or taxing jurisdiction within which the eligible entity will carry out or is carrying out activities using grant funds) has established, or has committed to establish not later than 3 years following the date on which the grant funds are distributed to the eligible entity— (i) a sustainable funding mechanism for Next Generation 9–1–1; and (ii) effective cybersecurity resources for Next Generation 9–1–1; (D) the eligible entity will promote interoperability between emergency communications centers deploying Next Generation 9–1–1 and emergency response providers, including users of the nationwide public safety broadband network; (E) the eligible entity has or will take steps to coordinate with adjoining States and Tribes to establish and maintain Next Generation 9–1–1; and (F) the eligible entity has developed a plan for public outreach and education on how the public can best use Next Generation 9–1–1 and on the capabilities and usefulness of Next Generation 9–1–1. (6) Condition of grant Each eligible entity shall agree, as a condition of receipt of a grant made under this subsection, that if any State or taxing jurisdiction within which the eligible entity will carry out activities using grant funds, during any period of time during which the funds from the grant are available to the eligible entity, fails to comply a certification required under paragraph (5), all of the funds from such grant shall be returned to the Office. (7) Penalty for providing false information Any eligible entity that provides a certification under paragraph (5) knowing that the information provided in the certification was false shall— (A) not be eligible to receive the grant under this subsection; (B) return any grant awarded under this subsection; and (C) not be eligible to receive any subsequent grants under this subsection. (8) Prohibition Grant funds provided under this subsection may not be used— (A) to support any activity of the First Responder Network Authority; or (B) to make any payments to a person who has been, for reasons of national security, prohibited by any entity of the Federal Government from bidding on a contract, participating in an auction, or receiving a grant. (c) Definitions In this section and sections 160 and 161: (1) 9–1–1 fee or charge The term 9–1–1 fee or charge 47 U.S.C. 615a–1(f)(3)(D) (2) 9–1–1 request for emergency assistance The term 9–1–1 request for emergency assistance (3) Administrator The term Administrator (4) Commonly accepted standards The term commonly accepted standards (A) enable interoperability; and (B) are— (i) developed and approved by a standards development organization that is accredited by an American or international standards body (such as the American National Standards Institute or International Code Council) in a process— (I) that is open to the public, including open for participation by any person; and (II) provides for a conflict resolution process; (ii) subject to an open comment and input process before being finalized by the standards development organization; (iii) consensus-based; and (iv) made publicly available once approved. (5) Cost related to training The term cost related to training (A) actual wages incurred for travel and attendance, including any necessary overtime pay and backfill wage; (B) travel expenses; (C) instructor expenses; or (D) facility costs and training materials. (6) Eligible entity The term eligible entity (A) means a State or a Tribal organization (as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 (B) may be an entity, including a public authority, board, or commission, established by one or more entities described in subparagraph (A); and (C) does not include any entity that has failed to submit the certifications required under subsection (b)(5). (7) Emergency communications center The term emergency communications center (A) means a facility that— (i) is designated to receive a 9–1–1 request for emergency assistance; and (ii) performs one or more of the following functions— (I) process and analyze 9–1–1 requests for emergency assistance and information and data related to such requests; (II) dispatch appropriate emergency response providers; (III) transfer or exchange 9–1–1 requests for emergency assistance and information and data related to such requests with one or more facilities described under this paragraph and emergency response providers; (IV) analyze any communications received from emergency response providers; and (V) support incident command functions; or (B) may be a public safety answering point, as defined in section 222 of the Communications Act of 1934 ( 47 U.S.C. 222 (8) Emergency response provider The term emergency response provider 6 U.S.C. 101 (9) First responder network authority The term First Responder Network Authority 47 U.S.C. 1424 (10) Interoperable The term interoperable interoperability (11) Nationwide public safety broadband network The term nationwide public safety broadband network 47 U.S.C. 1401 (12) Next generation 9–1–1 The term Next Generation 9–1–1 (A) employs commonly accepted standards; (B) enables emergency communications centers to receive, process, and analyze all types of 9–1–1 requests for emergency assistance; (C) acquires and integrates additional information useful to handling 9–1–1 requests for emergency assistance; and (D) supports sharing information related to 9–1–1 requests for emergency assistance among emergency communications centers and emergency response providers. (13) Office The term Office (14) Reliability The term reliability reliable (15) State The term State (16) Sustainable funding mechanism The term sustainable funding mechanism (d) Savings provision Nothing in this title, or any amendment made by this title, shall affect any application pending or grant awarded under section 158 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 160. Establishment of nationwide Next Generation 9–1–1 Cybersecurity Center The Assistant Secretary and the Administrator shall establish a Next Generation 9–1–1 Cybersecurity Center to Coordinate with State, local, and regional governments on the sharing of cybersecurity information about, the analysis of cybersecurity threats to, and guidelines for strategies to detect and prevent cybersecurity intrusions relating to Next-Generation 9–1–1. 161. Next Generation 9–1–1 Advisory Board (a) Next generation 9–1–1 advisory board (1) Establishment The Assistant Secretary and the Administrator, acting through the Office, shall establish a Public Safety Next Generation 9–1–1 Advisory Board Board (A) with respect to carrying out the duties and responsibilities of the Office in issuing the regulations required under section 159(b); (B) as required by paragraph (7); and (C) upon request under paragraph (8). (2) Membership (A) Voting members Not later than 150 days after the date of enactment of this section, the Assistant Secretary and the Administrator, acting through the Office, shall appoint 16 public safety members to the Board, of which— (i) 4 members shall represent local law enforcement officials; (ii) 4 members shall represent fire and rescue officials; (iii) 4 members shall represent emergency medical service officials; and (iv) 4 members shall represent 9–1–1 professionals. (B) Diversity of membership Members shall be representatives of State or Tribes and local governments, chosen to reflect geographic and population density differences as well as public safety organizations at the national level across the United States. (C) Expertise All members shall have specific expertise necessary for developing technical requirements under this section, such as technical expertise, and expertise related to public safety communications and 9–1–1 services. (D) Rank and file members A rank and file member from each of the public safety disciplines listed in clauses (i) through (iv) of subparagraph (A) shall be appointed as a member of the Board and shall be selected from an organization that represents their public safety discipline at the national level. (3) Period of appointment (A) In general Except as provided in subparagraph (B), members of the Board shall serve for a 3-year term. (B) Removal for cause A member of the Board may be removed for cause upon the determination of the Assistant Secretary and the Administrator. (4) Vacancies Any vacancy in the Board shall be filled in the same manner as the original appointment. (5) Quorum A majority of the members of the Board shall constitute a quorum. (6) Chairperson and vice chairperson The Board shall select a Chairperson and Vice Chairperson from among the voting members of the Board. (7) Duty of board to submit recommendations Not later than 120 days after all members of the Board are appointed under paragraph (2), the Board shall submit to the Office recommendations for the following— (A) deploying Next Generation 9–1–1 in rural and urban areas; (B) ensuring flexibility in guidance, rules, and grant funding to allow for technology improvements; (C) creating efficiencies related to Next Generation 9–1–1, including cybersecurity and the virtualization and sharing of core infrastructure; (D) enabling effective coordination among State, local, Tribal, and territorial government entities to ensure that the needs of emergency communications centers in both rural and urban areas are taken into account in each implementation plan required under section 159(b)(2)(A)(iii); and (E) incorporating existing cybersecurity resources to Next Generation 9–1–1 procurement and deployment. (8) Authority to provide additional recommendations Except as provided in paragraphs (1) and (7), the Board may provide recommendations to the Office only upon request of the Office. (9) Duration of authority The Board shall terminate on the date on which funds made available to make grants under section 159(b) are no longer available to be expended. (b) Rule of construction Nothing in this section may be construed as limiting the authority of the Office to seek comment from stakeholders and the public. . 302. Transfer to NTIA of sole responsibility for certain 9–1–1 implementation coordination functions (a) Transfer (1) Functions There are transferred to the Assistant Secretary all functions that on September 30, 2022, are assigned to the Administrator, or jointly to the Assistant Secretary and the Administrator, under section 158, section 159, section 160, and section 161 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 (2) Personnel and other assets The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to the Assistant Secretary under paragraph (1) shall be transferred to the Assistant Secretary for use in connection with the functions transferred. (3) Authority of Director of OMB The Director of the Office of Management and Budget, at such time or times as the Director shall provide, may make— (A) such determinations as may be necessary with regard to the functions transferred under paragraph (1) and the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds transferred under paragraph (2); and (B) such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with the functions transferred under paragraph (1), as may be necessary to carry out this section and the amendments made by this section. (b) References On and after October 1, 2022, in the case of any reference relating to the functions transferred under subsection (a) in any law, regulation, document, paper, or other record of the United States— (1) if such reference is to the Administrator, or to the Assistant Secretary and the Administrator, such reference shall be deemed to be to the Assistant Secretary; and (2) if such reference is to the National Highway Traffic Safety Administration, or to the National Telecommunications and Information Administration and the National Highway Traffic Safety Administration, such reference shall be deemed to be to the National Telecommunications and Information Administration. (c) Savings provisions (1) Documents and actions (A) In general All documents and actions described in subparagraph (B) shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Assistant Secretary, any officer or employee transferred under subsection (a), a court of competent jurisdiction, or operation of law. (B) Documents and actions described A document or action described in this subparagraph is any order, determination, rule, grant, contract, agreement, or other document or action that— (i) was issued, made, granted, or allowed to become effective by the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, any officer or employee transferred under subsection (a), or a court of competent jurisdiction, in the performance of any function that is transferred under such subsection; and (ii) is in effect on September 30, 2022 (or becomes effective after such day pursuant to its terms as in effect on such day). (2) Pending proceedings and applications (A) In general This section and the amendments made by this section shall not affect any proceeding or application for any benefits, service, license, permit, certificate, or grant or other financial assistance relating to the functions transferred under subsection (a) that was pending on September 30, 2022, before the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, or any officer or employee transferred under such subsection, but such proceeding or application shall be continued. Orders shall be issued in any such proceeding, and appeals shall be taken therefrom, as if this section and the amendments made by this section had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by the Assistant Secretary, any other authorized official, a court of competent jurisdiction, or operation of law. (B) Substitution Notwithstanding subparagraph (A), on and after October 1, 2022, any proceeding or application described in such subparagraph that was pending before the Administrator, or before the Assistant Secretary and the Administrator, shall be continued as described in such subparagraph before the Assistant Secretary. (C) Rule of construction Nothing in this paragraph shall be construed to prohibit the discontinuance or modification of any proceeding or application described in subparagraph (A) under the same terms and conditions and to the same extent that such proceeding or application could have been discontinued or modified if this section and the amendments made by this section had not been enacted. (3) Continuation of civil actions (A) In general This section and the amendments made by this section shall not affect any civil action relating to the functions transferred under subsection (a) that was commenced before October 1, 2022, by or against the Assistant Secretary, the Administrator, the Assistant Secretary and the Administrator, or any officer or employee transferred under such subsection. In any such action, proceeding shall be had, appeals taken, and judgment rendered in the same manner and with the same effect as if this section and the amendments made by this section had not been enacted. (B) Substitution Notwithstanding subparagraph (A), on and after October 1, 2022, in the case of any civil action described in such subparagraph by or against the Administrator, or the Assistant Secretary and the Administrator, the Assistant Secretary shall be substituted as a party for the Administrator, or the Assistant Secretary and the Administrator, respectively. (4) No change in status of personnel In the case of an officer or employee who is transferred to the Assistant Secretary under subsection (a), the officer or employee’s grade, compensation, rate of leave, or other benefits that apply with respect to such officer or employee at the time of transfer shall not be reduced while such officer or employee remains continuously employed in performance of the functions in connection with which such officer or employee is transferred, other than for cause. (d) Conforming amendments (1) National telecommunications and information administration organization act The National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 942 (A) in section 158— (i) by striking and the Administrator (ii) in subsection (a)(1), by striking of the National Highway Traffic Safety Administration (B) in section 159— (i) by striking and the Administrator (ii) by striking paragraph (3) of subsection (c); (C) in section 160, by striking and the Administrator (D) in section 161, by striking and the Administrator (2) Effective date The amendments made by this subsection shall take effect on October 1, 2022. (e) Definitions In this section: (1) Administrator The term Administrator (2) Assistant Secretary The term Assistant Secretary IV Incumbent Informing Capability 401. Incumbent informing capability Part B of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 921 et seq. 120. Incumbent informing capability (a) In general The Assistant Secretary shall— (1) not later than 120 days after the date of the enactment of this section, begin to amend the Department of Commerce spectrum management document entitled Manual of Regulations and Procedures for Federal Radio Frequency Management (2) not later than the date on which the total amount of funds required to be made available from the Public Safety and Secure Networks Fund under section 601(c)(3) of the Spectrum Innovation Act of 2022 (b) Establishment of the incumbent informing capability (1) In general The incumbent informing capability required by subsection (a) shall include a system to enable sharing, including time-based sharing and coordination, to securely manage harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum. (2) Requirements The system required by paragraph (1) shall contain, at a minimum, the following: (A) One or more mechanisms to allow non-Federal use in covered spectrum, as authorized by the rules of the Commission. Such mechanism or mechanisms shall include interfaces to commercial sharing systems, as appropriate. (B) One or more mechanisms to facilitate Federal-to-Federal sharing, as authorized by the NTIA. (C) One or more mechanisms to prevent, eliminate, or mitigate harmful interference to incumbent Federal entities, including one or more of the following functions: (i) Sensing. (ii) Identification. (iii) Reporting. (iv) Analysis. (v) Resolution. (D) Dynamic coordination area analysis, definition, and control, if appropriate for a band. (3) Compliance with Commission rules The incumbent informing capability required by subsection (a) shall ensure that use of covered spectrum is in accordance with the applicable rules of the Commission. (4) Input of information (A) In general Each incumbent Federal entity sharing a band of covered spectrum shall— (i) input into the system required by paragraph (1) such information as the Assistant Secretary may require, including the frequency, time, and location of the use of the band by such Federal entity; and (ii) to the extent practicable, input such information into such system on an automated basis. (B) Payment of costs Notwithstanding subsections (c) through (e) of section 118 and subparagraphs (C) through (E) of subsection (g)(2) of such section, the Director of the Office of Management and Budget, in consultation with the Assistant Secretary, may use amounts available in the Spectrum Relocation Fund to pay the costs incurred by Federal entities to input information as required by subparagraph (A). (5) Protection of classified information and controlled unclassified information The system required by paragraph (1) shall contain appropriate measures to protect classified information and controlled unclassified information, including any such classified information or controlled unclassified information that relates to military operations. (c) Briefing Not later than 1 year after the date on which the total amount of funds required to be made available from the Public Safety and Secure Networks Fund under section 601(c)(3) of the Spectrum Innovation Act of 2022 (d) Definitions In this section: (1) Covered spectrum The term covered spectrum (A) electromagnetic spectrum for which usage rights are assigned to or authorized for (including before the date on which the incumbent informing capability required by subsection (a) is implemented) a non-Federal user or class of non-Federal users for use on a shared basis with an incumbent Federal entity in accordance with the rules of the Commission; and (B) electromagnetic spectrum allocated on a primary or co-primary basis for Federal use that is shared among Federal entities. (2) Federal entity The term Federal entity (3) Incumbent informing capability The term incumbent informing capability (e) Rule of construction Nothing in this section shall be construed to alter or expand the authority of the NTIA as described in section 113(j)(1). . V Extension of FCC Auction Authority 501. Extension of FCC auction authority (a) In general Section 309(j)(11) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(11) September 30, 2022 March 31, 2024 (b) Deposit of proceeds (1) In general Notwithstanding subparagraphs (A), (C)(i), (D), and (G)(iii) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) covered proceeds (A) In the case of covered proceeds attributable to eligible frequencies described in subsection (g)(2) of section 113 of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923 47 U.S.C. 928 (B) In the case of covered proceeds attributable to spectrum usage rights made available through an incentive auction under subparagraph (G) of section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) (C) Any other covered proceeds shall be deposited in the Public Safety and Secure Networks Fund established by section 601 of this Act. (2) System of competitive bidding described A system of competitive bidding described in this paragraph is any system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) VI Public Safety and Secure Networks Fund 601. Public Safety and Secure Networks Fund (a) Establishment There is established in the Treasury of the United States a fund to be known as the Public Safety and Secure Networks Fund Fund (b) Accounting for Federal budget baseline (1) Proceeds of auction of 2496–2690 MHz band In the case of the proceeds of any system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) (2) Proceeds of required auction of 3.1–3.45 GHz band In the case of the proceeds of the system of competitive bidding required by subparagraph (A) of section 101(b)(3) that are deposited in the Fund as required by subparagraph (D) of such section, the first $16,000,000,000 of such proceeds shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. The remainder of such proceeds shall be available or deposited under subsection (c). (c) Use of funds Except as provided in subsection (b), as amounts are deposited in the Fund, such amounts shall be available or deposited as follows: (1) $3,400,000,000 shall be available to the Federal Communications Commission until expended to make reimbursements under section 4 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1603 (2) After the amount required to be made available by paragraph (1) is so made available, $10,000,000,000 shall be available to the Assistant Secretary of Commerce for Communications and Information until expended to carry out title III of this Act and the amendments made by such title, except that not more than 4 percent of the amount made available by this paragraph may be used for administrative purposes (including carrying out sections 160 and 161 of the National Telecommunications and Information Administration Organization Act, as added by such title). (3) After the amount required to be made available by paragraph (2) is so made available, $117,400,000 shall be available to the Assistant Secretary of Commerce for Communications and Information until expended to carry out section 120 of the National Telecommunications and Information Administration Organization Act, as added by section 401 of this Act. (4) After the amount required to be made available by paragraph (3) is so made available, any remaining amounts deposited in the Fund shall be deposited in the general fund of the Treasury, where such amounts shall be dedicated for the sole purpose of deficit reduction. July 22, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed

Summary: Spectrum Innovation Act of 2022 This bill addresses auctions of, and other matters related to, portions of the electromagnetic spectrum allocated for federal use. The bill also establishes grants for and otherwise modifies provisions concerning next generation 9-1-1 systems (i.e., interoperable Internet Protocol-based systems for receiving 9-1-1 calls). The bill extends to March 31, 2024, the authority of the Federal Communications Commission (FCC) to auction and license electromagnetic spectrum. (Under current law, the authority expires on September 30, 2022.) Additionally, the bill establishes a process for auctioning specified parts of the spectrum currently allocated for federal use. The Office of Management and Budget must transfer certain funding to federal entities for planning activities related to reallocating and auctioning spectrum while the National Telecommunications and Information Administration (NTIA) and the Executive Office of the President must oversee the planning. The Department of Commerce must, informed by the planning, identify the spectrum to auction. Further, the bill addresses shared use of spectrum bands by federal and nonfederal users. For example, the NTIA must implement an incumbent informing capability system to manage harmful interference when nonfederal users and incumbent federal entities share spectrum. The bill also establishes the Public Safety and Secure Networks Fund and directs a portion of spectrum auction proceeds to the fund for, among other purposes, reimbursing telecommunications providers for replacing equipment that poses risks to national security and safety.