I 
117TH CONGRESS 
1ST SESSION H. R. 5486 
To amend the National Telecommunications and Information Administration 
Organization Act to provide for a standardized framework to facilitate 
the sharing of electromagnetic spectrum between non-Federal users and 
incumbent Federal entities, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 5, 2021 
Mr. GUTHRIE introduced the following bill; which was referred to the 
Committee on Energy and Commerce 
A BILL 
To amend the National Telecommunications and Information 
Administration Organization Act to provide for a stand-
ardized framework to facilitate the sharing of electro-
magnetic spectrum between non-Federal users and in-
cumbent Federal entities, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Simplifying Manage-
ment, Reallocation, and Transfer of Spectrum Act’’ or the 
‘‘SMART Act’’. 
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SEC. 2. STANDARDIZED SPECTRUM SHARING FRAMEWORK. 
Part B of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
921 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 120. STANDARDIZED SPECTRUM SHARING FRAME-
WORK. 
‘‘(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 Pro-
cedures for Federal Radio Frequency Management’ 
so as to incorporate a standardized framework to fa-
cilitate the sharing of covered spectrum between 
non-Federal users and incumbent Federal entities; 
and 
‘‘(2) not later than the date on which amounts 
appropriated under subsection (c) first become avail-
able, begin to implement such framework. 
‘‘(b) SYSTEM TO ENABLE SHARING.— 
‘‘(1) IN
GENERAL.—The standardized frame-
work required by subsection (a) shall include a sys-
tem to enable sharing, including time-based sharing, 
to securely manage harmful interference between 
non-Federal users and incumbent Federal entities 
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sharing a band of covered spectrum, in order to en-
sure access by such non-Federal users to such band 
of covered spectrum. 
‘‘(2) REQUIREMENTS.—The system required by 
paragraph (1) shall contain, at a minimum, the fol-
lowing: 
‘‘(A) One or more mechanisms to allow 
non-Federal secondary use as authorized by the 
Commission during times when there is no pri-
mary use by Federal entities encumbering the 
covered spectrum. 
‘‘(B) One or more mechanisms to address 
harmful interference to incumbent Federal enti-
ties, including through the following functions: 
‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
‘‘(C) Dynamic protection area analysis, 
definition, and control. 
‘‘(3) COMPLIANCE WITH COMMISSION RULES.— 
The system required by paragraph (1) shall ensure 
that use of covered spectrum is in accordance with 
the applicable rules of the Commission. 
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‘‘(4) INPUT
OF
INFORMATION.—Each incum-
bent Federal entity sharing a band of covered spec-
trum shall input into the system required by para-
graph (1) such information as the Assistant Sec-
retary may require regarding the frequency, time, 
and location of the use of the band by such Federal 
entity. 
‘‘(5) PROTECTION
OF
CLASSIFIED
INFORMA-
TION
AND
CONTROLLED
UNCLASSIFIED
INFORMA-
TION.—The system required by paragraph (1) shall 
contain appropriate measures to protect classified 
information and controlled unclassified information, 
including any such classified information or con-
trolled unclassified information that relates to mili-
tary operations. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Assistant Sec-
retary to carry out this section— 
‘‘(1) $117,400,000 for fiscal year 2023 (and 
such amount is authorized to remain available 
through fiscal year 2029); and 
‘‘(2) $8,700,000 for fiscal year 2030 and each 
fiscal year thereafter. 
‘‘(d) DEFINITIONS.—In this section: 
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‘‘(1) COVERED SPECTRUM.—The term ‘covered 
spectrum’ means electromagnetic spectrum for which 
usage rights are assigned (including before the date 
on which the standardized framework required by 
subsection (a) is implemented) by competitive bid-
ding pursuant to section 309(j) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)) to a non-Fed-
eral user for use on a shared basis with an incum-
bent Federal entity in an area where the Assistant 
Secretary, in consultation with the Director of the 
Office of Management and Budget, determines it is 
infeasible for the systems of such Federal entity to 
be relocated to fully clear such spectrum. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal en-
tity’ has the meaning given such term in section 
113(l).’’. 
Æ 
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