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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 either band of fre-
quencies described in paragraph (2)(A) cannot be 
used without causing harmful interference to com-
mercial mobile service licensees in the frequencies 
between 1930 megahertz and 1995 megahertz, the 
Commission may not— 
(A) allocate for commercial use under 
paragraph (1)(A) either band described in para-
graph (2)(A); or 
(B) grant licenses under paragraph (1)(B) 
for the use of either band described in para-
graph (2)(A). 
(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 ‘‘sub-
paragraph (E)(ii)’’ and inserting ‘‘subparagraphs 
(D)(ii), (E)(ii), (F), and (G)’’; 
(3) in subparagraph (D)— 
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(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 pro-
vided in clause (ii), cash’’; and 
(C) by adding at the end the following: 
‘‘(ii) CERTAIN
OTHER
PROCEEDS.— 
Notwithstanding subparagraph (A) and ex-
cept as provided in subparagraph (B), in 
the case of proceeds (including deposits 
and upfront payments from successful bid-
ders) attributable to the auction of eligible 
frequencies described in paragraph (2) of 
section 113(g) of the National Tele-
communications and Information Adminis-
tration Organization Act that are required 
to be auctioned by section 4101(b)(1)(B) 
of the Jumpstarting Opportunity with 
Broadband Spectrum Act of 2011, 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 
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such eligible frequencies shall be deposited 
in the Spectrum Relocation Fund. The re-
mainder of such proceeds shall be depos-
ited in the Public Safety Trust Fund es-
tablished by section 4241(a)(1) of the 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011.’’; and 
(4) by adding at the end the following: 
‘‘(F) CERTAIN
PROCEEDS
DESIGNATED 
FOR PUBLIC SAFETY TRUST FUND.—Notwith-
standing subparagraph (A) and except as pro-
vided in subparagraphs (B) and (D)(ii), the 
proceeds (including deposits and upfront pay-
ments from successful bidders) from the use of 
a system of competitive bidding under this sub-
section pursuant to section 4101(b)(1)(B) of 
the Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011 shall be deposited in the 
Public Safety Trust Fund established by section 
4241(a)(1) of such Act.’’. 
SEC. 4102. 700 MHZ PUBLIC SAFETY NARROWBAND SPEC-
TRUM AND GUARD BAND SPECTRUM. 
(a) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—On the date that is 5 years 
after a certification by the Administrator to the 
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Commission of the availability of standards for pub-
lic safety voice over broadband, the Commission 
shall, notwithstanding paragraph (15)(A) of section 
309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j))— 
(A) reallocate the 700 MHz public safety 
narrowband spectrum and the 700 MHz public 
safety guard band spectrum for commercial use; 
and 
(B) begin a system of competitive bidding 
under such section to grant new initial licenses 
for the use of such spectrum. 
(2) 
AUCTION
PROCEEDS.—Notwithstanding 
subparagraphs (A) and (C)(i) of paragraph (8) of 
such section, not more than $1,000,000,000 of the 
proceeds (including deposits and upfront payments 
from successful bidders) from the use of a system of 
competitive bidding pursuant to paragraph (1)(B) 
shall be available to the Assistant Secretary to carry 
out subsection (b) and shall remain available until 
expended. 
(b) GRANTS
FOR PUBLIC SAFETY RADIO EQUIP-
MENT.— 
(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(2), the Assistant Secretary 
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shall make grants to States for the acquisition of 
public safety radio equipment. 
(2) APPLICATION.—The Assistant Secretary 
may only make a grant under this subsection to a 
State that submits an application at such time, in 
such form, and containing such information and as-
surances as the Assistant Secretary may require. 
(3) QUARTERLY REPORTS.— 
(A) FROM GRANTEES TO NTIA.—A State 
receiving grant funds under this subsection 
shall, not later than 3 months after receiving 
such funds and not less frequently than quar-
terly thereafter until the date that is 1 year 
after all such funds have been expended, submit 
to the Assistant Secretary a report on the use 
of grant funds by such State. 
(B) FROM NTIA TO CONGRESS.—Not later 
than 6 months after making the first grant 
under this subsection and not less frequently 
than quarterly thereafter until the date that is 
18 months after all such funds have been ex-
pended by the grantees, the Assistant Secretary 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
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SEC. 4103. GENERAL AUTHORITY FOR INCENTIVE AUC-
TIONS. 
Section 309(j)(8) of the Communications Act of 
1934, as amended by section 4101(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 volun-
tarily some or all of its licensed spectrum 
usage rights in order to permit the assign-
ment of new initial licenses subject to flexi-
ble-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 bid-
ders) from the use of a competitive bidding 
system under this subsection. 
‘‘(ii) LIMITATIONS.—The Commission 
may not enter into an agreement for a li-
censee to relinquish spectrum usage rights 
in exchange for a share of auction proceeds 
under clause (i) unless— 
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‘‘(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 li-
censees participate in the reverse auc-
tion. 
‘‘(iii) TREATMENT
OF
REVENUES.— 
Notwithstanding subparagraph (A) and ex-
cept 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 
2021, of spectrum usage rights made avail-
able under clause (i) that are not shared 
with licensees under such clause shall be 
deposited as follows: 
‘‘(I) $3,000,000,000 of the pro-
ceeds from the incentive auction of 
broadcast television spectrum required 
by section 4104 of the Jumpstarting 
Opportunity with Broadband Spec-
trum Act of 2011 shall be deposited 
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in the TV Broadcaster Relocation 
Fund established by subsection (d)(1) 
of such section. 
‘‘(II) All other proceeds shall be 
deposited— 
‘‘(aa) prior to the end of fis-
cal year 2021, in the Public Safe-
ty Trust Fund established by sec-
tion 4241(a)(1) of such Act; and 
‘‘(bb) after the end of fiscal 
year 2021, in the general fund of 
the Treasury, where such pro-
ceeds shall be dedicated for the 
sole purpose of deficit reduction. 
‘‘(iv) 
CONGRESSIONAL
NOTIFICA-
TION.—At least 3 months before any in-
centive auction conducted under this sub-
paragraph, the Chairman of the Commis-
sion, in consultation with the Director of 
the Office of Management and Budget, 
shall notify the appropriate committees of 
Congress of the methodology for calcu-
lating the amounts that will be shared with 
licensees under clause (i). 
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‘‘(v) DEFINITION.—In this subpara-
graph, the term ‘appropriate committees of 
Congress’ means— 
‘‘(I) the Committee on Com-
merce, Science, and Transportation of 
the Senate; 
‘‘(II) the Committee on Appro-
priations of the Senate; 
‘‘(III) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
‘‘(IV) the Committee on Appro-
priations of the House of Representa-
tives.’’. 
SEC. 4104. SPECIAL REQUIREMENTS FOR INCENTIVE AUC-
TION OF BROADCAST TV SPECTRUM. 
(a) REVERSE AUCTION TO IDENTIFY INCENTIVE 
AMOUNT.— 
(1) IN GENERAL.—The Commission shall con-
duct 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 
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under subparagraph (G) of section 309(j)(8) of the 
Communications Act of 1934, as added by section 
4103. 
(2) ELIGIBLE
RELINQUISHMENTS.—A relin-
quishment of usage rights for purposes of paragraph 
(1) shall include the following: 
(A) Relinquishing all usage rights with re-
spect to a particular television channel without 
receiving in return any usage rights with re-
spect to another television channel. 
(B) Relinquishing all usage rights with re-
spect to an ultra high frequency television chan-
nel in return for receiving usage rights with re-
spect to a very high frequency television chan-
nel. 
(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 li-
censee until the reassignments and reallocations (if 
any) under subsection (b)(1)(B) become effective, as 
described in subsection (f)(2). 
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(4) PROTECTION OF CARRIAGE RIGHTS OF LI-
CENSEES SHARING A CHANNEL.—A broadcast tele-
vision 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 Com-
munications Act of 1934 (47 U.S.C. 338; 534; 535) 
on November 30, 2010, shall have, at its shared lo-
cation, 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 SPEC-
TRUM.— 
(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 coordina-
tion along the border with Mexico and Can-
ada— 
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(i) make such reassignments of tele-
vision channels as the Commission con-
siders 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 ef-
forts 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 para-
graph (1)(B)(i), the Commission may not involun-
tarily 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 mega-
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hertz to a television channel between the fre-
quencies from 54 megahertz to 88 megahertz. 
(4) PAYMENT OF RELOCATION COSTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), from amounts made avail-
able 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 fre-
quency television channel to a different 
very high frequency television channel, or, 
in accordance with subsection (g)(1)(B), 
from a very high frequency television chan-
nel to an ultra high frequency television 
channel, in order for the licensee to relo-
cate its television service from one channel 
to the other; or 
(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); 
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(II) voluntarily relinquishes spec-
trum usage rights under subsection 
(a) with respect to an ultra high fre-
quency television channel in return for 
receiving usage rights with respect to 
a very high frequency television chan-
nel; or 
(III) 
voluntarily 
relinquishes 
spectrum usage rights under sub-
section (a) to share a television chan-
nel with another licensee. 
(B) REGULATORY RELIEF.—In lieu of re-
imbursement for relocation costs under sub-
paragraph (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 li-
censee to provide services other than broadcast 
television services. Such waiver shall only re-
main in effect while the licensee provides at 
least 1 broadcast television program stream on 
such spectrum at no charge to the public. 
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(C) LIMITATION.—The Commission may 
not make reimbursements under subparagraph 
(A) for lost revenues. 
(D) DEADLINE.—The Commission shall 
make all reimbursements required by subpara-
graph (A) not later than the date that is 3 
years after the completion of the forward auc-
tion 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 Commis-
sion accepts in the reverse auction under sub-
section (a)(1) is not less than the amount of 
such bid. 
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(2) MINIMUM PROCEEDS.— 
(A) IN GENERAL.—If the amount of the 
proceeds from the forward auction under para-
graph (1) is not greater than the sum described 
in subparagraph (B), no licenses shall be as-
signed through such forward auction, no re-
assignments or reallocations under subsection 
(b)(1)(B) shall become effective, and the Com-
mission 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 sub-
section (a)(1); 
(ii) the costs of conducting such for-
ward auction that the salaries and ex-
penses account of the Commission is re-
quired to retain under section 309(j)(8)(B) 
of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)); and 
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(iii) the estimated costs for which the 
Commission is required to make reim-
bursements 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 Communica-
tions 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 auc-
tion 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 Commis-
sion in conducting such forward auction. 
(3) FACTOR
FOR
CONSIDERATION.—In con-
ducting 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.— 
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(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 gen-
eral 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 pro-
vided 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 sub-
section (b)(4)(A). 
(B) REIMBURSEMENT.—The Commission 
shall reimburse the general fund of the Treas-
ury, without interest, for any amounts borrowed 
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HR 3630 PCS
under subparagraph (A) as funds are deposited 
into the TV Broadcaster Relocation Fund. 
(4) TRANSFER
OF
UNUSED
FUNDS.—If any 
amounts remain in the TV Broadcaster Relocation 
Fund after the date that is 3 years after the comple-
tion of the forward auction under subsection (c)(1), 
the Secretary of the Treasury shall— 
(A) prior to the end of fiscal year 2021, 
transfer such amounts to the Public Safety 
Trust Fund established by section 4241(a)(1); 
and 
(B) after the end of fiscal year 2021, 
transfer such amounts to the general fund of 
the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduc-
tion. 
(e) NUMERICAL LIMITATION ON AUCTIONS AND RE-
ORGANIZATION.—The Commission may not complete more 
than one reverse auction under subsection (a)(1) or more 
than one reorganization of the broadcast television spec-
trum under subsection (b). 
(f) TIMING.— 
(1) CONTEMPORANEOUS AUCTIONS AND REOR-
GANIZATION
PERMITTED.—The Commission may 
conduct the reverse auction under subsection (a)(1), 
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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 con-
duct the reverse auction under subsection (a)(1) or 
the forward auction under subsection (c)(1) after the 
end of fiscal year 2021. 
(4) LIMIT ON DISCRETION REGARDING AUCTION 
TIMING.—Section 309(j)(15)(A) of the Communica-
tions 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 
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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 spe-
cific 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, un-
less such a reassignment will not decrease the 
total amount of ultra high frequency spectrum 
made available for reallocation under this sec-
tion. 
(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 ear-
liest 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 sub-
section (c)(1) have been completed; 
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(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, 2021. 
(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 Commis-
sion’s ‘‘White Spaces’’ Second Report and Order and 
Memorandum Opinion and Order (FCC 08–260, 
adopted November 4, 2008) in the spectrum that re-
mains allocated for broadcast television use after the 
reorganization required by such subsection. 
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SEC. 4105. ADMINISTRATION OF AUCTIONS BY COMMIS-
SION. 
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 paragraphs: 
‘‘(17) CERTAIN CONDITIONS ON AUCTION PAR-
TICIPATION
PROHIBITED.—Notwithstanding 
any 
other provision of law, the Commission may not pre-
vent a person from participating in a system of com-
petitive bidding under this subsection if such per-
son— 
‘‘(A) meets the technical, financial, and 
character qualifications required by sections 
303(l)(1), 308(b), and 310 to hold a license; or 
‘‘(B) could meet such qualifications prior 
to the grant of the license. 
‘‘(18) CERTAIN
LICENSING
CONDITIONS
PRO-
HIBITED.—In assigning licenses through a system of 
competitive bidding under this subsection, the Com-
mission may not impose any condition on the li-
censes assigned through such system that— 
‘‘(A) limits the ability of a licensee to man-
age the use of its network, including manage-
ment of the use of applications, services, or de-
vices on its network, or to prioritize the traffic 
on its network as it chooses; or 
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‘‘(B) requires a licensee to sell access to its 
network on a wholesale basis.’’. 
SEC. 4106. EXTENSION OF AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 
1934 (47 U.S.C. 309(j)(11)) is amended by striking 
‘‘2012’’ and inserting ‘‘2021’’. 
SEC. 4107. 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 Regu-
lations, to allow unlicensed U–NII devices to operate 
in the 5350–5470 MHz band. 
(2) REQUIRED
DETERMINATIONS.—The Com-
mission may make the modification described in 
paragraph (1) only if the Commission determines 
that— 
(A) licensed users will be protected by 
technical solutions, including use of existing, 
modified, or new spectrum-sharing technologies 
and solutions, such as dynamic frequency selec-
tion; and 
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(B) the primary mission of Federal spec-
trum users in the 5350–5470 MHz band will 
not be compromised by the introduction of unli-
censed devices. 
(b) STUDY BY NTIA.— 
(1) IN GENERAL.—The Assistant Secretary, in 
consultation with the Commission, shall conduct a 
study evaluating known and proposed spectrum- 
sharing technologies and the risk to Federal users if 
unlicensed U–NII devices were allowed to operate in 
the 5350–5470 MHz band. 
(2) SUBMISSION.—Not later than 8 months 
after the date of the enactment of this Act, the As-
sistant Secretary shall submit the study required by 
paragraph (1) to— 
(A) the Commission; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate. 
(c) 5350–5470 MHZ BAND DEFINED.—In this sec-
tion, the term ‘‘5350–5470 MHz band’’ means the portion 
of the electromagnetic spectrum between the frequencies 
from 5350 megahertz to 5470 megahertz. 
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Subtitle B—Advanced Public 
Safety Communications 
PART 1—NATIONAL IMPLEMENTATION 
SEC. 4201. LICENSING OF SPECTRUM TO ADMINISTRATOR. 
(a) IN GENERAL.—Not later than 60 days after the 
initial selection under section 4203(a) of an entity to serve 
as Administrator, the Commission shall assign to the Ad-
ministrator a license for the exclusive use of the public 
safety broadband spectrum and the 700 MHz D block 
spectrum. 
(b) TERM OF LICENSE AND LICENSE CONDITIONS.— 
(1) INITIAL LICENSE.—The initial license as-
signed under subsection (a) shall be for a term of 
10 years. 
(2) RENEWAL OF LICENSE.—Prior to the expi-
ration of the term of the initial license assigned 
under subsection (a) or the expiration of any re-
newal of such license, if the Administrator wishes to 
continue serving as Administrator after the license 
expires, the Administrator shall submit to the Com-
mission an application for the renewal of such li-
cense in accordance with the Communications Act of 
1934 (47 U.S.C. 151 et seq.) and any applicable 
Commission regulations. Such renewal application 
shall demonstrate that, during the term of the li-
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cense that the Administrator is seeking to renew, the 
Administrator has fulfilled its duties and obligations 
under this title and the Communications Act of 
1934 and has complied with all applicable Commis-
sion regulations. A renewal of the initial license 
granted under subsection (a) or any renewal of such 
license shall be for a term not to exceed 10 years. 
(3) USE OF SPECTRUM.—Except as provided in 
section 4221(d), the license assigned under sub-
section (a) and any renewal of such license shall pro-
hibit the Administrator from using the public safety 
broadband spectrum or the 700 MHz D block spec-
trum for any purpose other than authorizing the op-
eration of State public safety broadband communica-
tions networks in accordance with the National Pub-
lic Safety Communications Plan. 
(4) LIMITATION
ON
LICENSE
CONDITIONS.— 
The Commission may not place any conditions on 
the license assigned under subsection (a) or any re-
newal of such license or, with respect to the spec-
trum governed by such license, otherwise prohibit 
any action of the Administrator, a State Public 
Safety Broadband Office, or an entity with which 
such an Office has entered into a contract under 
section 4221(b)(1)(D), except as necessary to— 
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(A) protect other users from harmful inter-
ference; 
(B) ensure that such spectrum is used in 
accordance with the National Public Safety 
Communications Plan; or 
(C) enforce a provision of this title or the 
Communications Act of 1934 (47 U.S.C. 151 et 
seq.) that governs the use of such spectrum. 
(5) LICENSE CONDITIONED ON SERVICE AS AD-
MINISTRATOR.—If an entity ceases to serve as Ad-
ministrator, the Commission shall, as soon as prac-
ticable after the Assistant Secretary selects a dif-
ferent entity to serve as Administrator under section 
4203(a)(2), transfer to such different entity the li-
cense assigned under subsection (a) or any renewal 
of such license. 
(c) ELIMINATION OF D BLOCK AUCTION REQUIRE-
MENT.—Notwithstanding section 309(j)(15)(C)(v) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
309(j)(15)(C)(v)), the Commission may not assign a li-
cense for the use of the 700 MHz D block spectrum except 
under subsection (a). 
(d) DEFINITION OF PUBLIC SAFETY SERVICES.— 
Section 337(f)(1) of the Communications Act of 1934 (47 
U.S.C. 337(f)(1)) is amended— 
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(1) in subparagraph (A), by striking ‘‘to protect 
the safety of life, health, or property’’ and inserting 
‘‘to provide law enforcement, fire and rescue re-
sponse, or emergency medical assistance (including 
such assistance provided by ambulance services, hos-
pitals, and urgent care facilities)’’; and 
(2) in subparagraph (B)— 
(A) in clause (i), by inserting ‘‘or tribal or-
ganizations (as defined in section 4 of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b))’’ before the semi-
colon; and 
(B) in clause (ii), by inserting ‘‘or a tribal 
organization’’ after ‘‘a governmental entity’’. 
(e) CONFORMING AMENDMENTS.—Section 337(d)(3) 
of the Communications Act of 1934 (47 U.S.C. 337(d)(3)) 
is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘public safety services licensees and com-
mercial licensees’’; 
(2) in subparagraph (A), by inserting ‘‘public 
safety services licensees and commercial licensees’’ 
before ‘‘to aggregate’’; and 
(3) in subparagraph (B), by inserting ‘‘commer-
cial licensees’’ before ‘‘to disaggregate’’. 
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SEC. 4202. NATIONAL PUBLIC SAFETY COMMUNICATIONS 
PLAN. 
(a) ESTABLISHMENT OF PUBLIC SAFETY COMMU-
NICATIONS PLANNING BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall establish a board to be known as 
the Public Safety Communications Planning Board. 
(2) MEMBERSHIP.—The membership of the 
Board shall be as follows: 
(A) FEDERAL MEMBERS.— 
(i) IN GENERAL.—Four Federal mem-
bers as follows: 
(I) The Chairman of the Com-
mission, or a designee. 
(II) The Assistant Secretary, or 
a designee. 
(III) The Director of the Office 
of Emergency Communications in the 
Department of Homeland Security, or 
a designee. 
(IV) The Director of the Na-
tional Institute of Standards and 
Technology, or a designee. 
(ii) DESIGNEES.—If a Federal official 
designates a designee under clause (i), 
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such designee shall be an officer or em-
ployee of the agency of the official who is 
subordinate to the official, except that the 
Chairman of the Commission may des-
ignate another Commissioner of the Com-
mission or an officer or employee of the 
Commission. 
(B) NON-FEDERAL MEMBERS.—Nine non- 
Federal members as follows: 
(i) Two members who represent pro-
viders of commercial mobile data service, 
with one representing providers that have 
nationwide coverage areas and one rep-
resenting providers that have regional cov-
erage areas. 
(ii) Two members who represent man-
ufacturers of mobile wireless network 
equipment. 
(iii) Five members who represent the 
interests of State and local governments, 
chosen to reflect geographic and population 
density differences across the United 
States, as follows: 
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(I) Two members who represent 
the public safety interests of the 
States. 
(II) One member who represents 
State and local public safety employ-
ees. 
(III) Two members who rep-
resent other interests of State and 
local governments, to be determined 
by the Chairman of the Commission. 
(3) SELECTION OF NON-FEDERAL MEMBERS.— 
(A) NOMINATION.—For each non-Federal 
member of the Board, the group that is rep-
resented by such member shall, by consensus, 
nominate an individual to serve as such member 
and submit the name of the nominee to the 
Chairman of the Commission. 
(B) APPOINTMENT.—The Chairman of the 
Commission shall appoint the non-Federal 
members of the Board from the nominations 
submitted under subparagraph (A). If a group 
fails to reach consensus on a nominee or to sub-
mit a nomination for a member that represents 
such group, or if the nominee is not qualified 
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under subparagraph (C), the Chairman shall se-
lect a member to represent such group. 
(C) QUALIFICATIONS.—Each non-Federal 
member appointed under subparagraph (B) 
shall meet at least 1 of the following criteria: 
(i) PUBLIC
SAFETY
EXPERIENCE.— 
Knowledge of and experience in Federal, 
State, local, or tribal public safety or emer-
gency response. 
(ii) TECHNICAL
EXPERTISE.—Tech-
nical expertise regarding broadband com-
munications, including public safety com-
munications. 
(iii) NETWORK
EXPERTISE.—Exper-
tise in building, deploying, and operating 
commercial telecommunications networks. 
(iv) FINANCIAL
EXPERTISE.—Exper-
tise in financing and funding telecommuni-
cations networks. 
(4) TERMS OF APPOINTMENT.— 
(A) LENGTH.— 
(i) FEDERAL MEMBERS.—The term of 
office of each Federal member of the 
Board shall be 3 years, except that such 
term shall end when such member no 
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longer holds the Federal office by reason of 
which such member is a member of the 
Board (or, in the case of a designee, the 
Federal official who designated such des-
ignee no longer holds the office by reason 
of which such designation was made or the 
designee is no longer an officer, employee, 
or Commissioner as described in paragraph 
(2)(A)(ii)). 
(ii) NON-FEDERAL
MEMBERS.—The 
term of office of each non-Federal member 
of the Board shall be 3 years. 
(B) STAGGERED TERMS.—With respect to 
the initial non-Federal members of the Board— 
(i) three members shall serve for a 
term of 3 years; 
(ii) three members shall serve for a 
term of 2 years; and 
(iii) three members shall serve for a 
term of 1 year. 
(C) VACANCIES.— 
(i) EFFECT
OF
VACANCIES.—A va-
cancy in the membership of the Board 
shall not affect the Board’s powers, subject 
to paragraph (8), and shall be filled in the 
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same manner as the original member was 
appointed. 
(ii) 
APPOINTMENT
TO
FILL
VA-
CANCY.—A member of the Board ap-
pointed 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. 
(iii) EXPIRATION OF TERM.—A non- 
Federal member of the Board 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 mem-
ber’s term has expired, whichever is ear-
lier. 
(5) CHAIR.— 
(A) SELECTION.—The Chair of the Board 
shall be selected by the Board from among the 
members of the Board. 
(B) TERM.—The term of office of the 
Chair of the Board shall run from the date 
when the Chair is selected until the date when 
the term of the Chair as a member of the 
Board expires. 
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(6) REMOVAL
OF
CHAIR
AND
NON-FEDERAL 
MEMBERS.— 
(A) BY
BOARD.—The members of the 
Board may, by majority vote— 
(i) remove the Chair of the Board 
from the position of Chair for conduct de-
termined to be detrimental to the Board; 
or 
(ii) remove from the Board any non- 
Federal member of the Board for conduct 
determined to be detrimental to the Board. 
(B) BY CHAIRMAN OF THE COMMISSION.— 
The Chairman of the Commission may, for 
good cause— 
(i) remove the Chair of the Board 
from the position of Chair; or 
(ii) remove from the Board any non- 
Federal member of the Board. 
(7) ANNUAL
MEETINGS.—In addition to any 
other meetings necessary to carry out the duties of 
the Board under this section, the Board shall 
meet— 
(A) subject to the call of the Chair; and 
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(B) annually to consider the most recent 
report submitted by the Administrator under 
section 4203(f)(1). 
(8) QUORUM.—Seven members of the Board, 
including not fewer than 6 non-Federal members, 
shall constitute a quorum. 
(9) RESOURCES.—The Commission shall pro-
vide the Board with the staff, administrative sup-
port, and facilities necessary to carry out the duties 
of the Board under this section. 
(10) PROHIBITION AGAINST COMPENSATION.— 
A member of the Board shall serve without pay but 
shall be allowed a per diem allowance for travel ex-
penses, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 5, 
United States Code, while away from the home or 
regular place of business of the member in the per-
formance of the duties of the Board. Compensation 
of a Federal member of the Board for service in the 
Federal office or employment by reason of which 
such member is a member of the Board shall not be 
considered compensation under this paragraph. 
(11) FEDERAL ADVISORY COMMITTEE ACT IN-
APPLICABLE.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Board. 
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(b) DEVELOPMENT OF PLAN BY BOARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Board is established under 
subsection (a)(1), the Board shall submit to the 
Commission a detailed proposal for a National Pub-
lic Safety Communications Plan to govern the use of 
the spectrum licensed to the Administrator in order 
to meet long-term public safety communications 
needs. 
(2) LIMITATION ON RECOMMENDATIONS.—The 
Board may not make any recommendations for re-
quirements generally applicable to providers of com-
mercial mobile service or private mobile service (as 
defined in section 332 of the Communications Act of 
1934 (47 U.S.C. 332)). 
(c) CONSIDERATION OF PLAN BY COMMISSION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the submission of the proposal by the 
Board under subsection (b)(1), the Commission shall 
complete a single proceeding to— 
(A) adopt such proposal, without modifica-
tion, as the National Public Safety Communica-
tions Plan; or 
(B) reject such proposal. 
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(2) PROCEDURES IF PLAN REJECTED.—If the 
Commission rejects such proposal under paragraph 
(1)(B), the Board shall, not later than 90 days 
thereafter, submit to the Commission a revised pro-
posal. Such revised proposal shall be treated as a 
proposal submitted by the Board under subsection 
(b)(1). 
(3) REVISIONS TO PLAN.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission proposals for 
revisions to the Plan. 
(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a proposal, the Commission shall complete 
a single proceeding to— 
(i) revise the Plan in accordance with 
such proposal, without modification of the 
proposal; or 
(ii) reject such proposal. 
(d) REQUIREMENTS FOR PLAN.—The Plan shall in-
clude the following requirements: 
(1) 
DEPLOYMENT
STANDARDS.—The 
Plan 
shall— 
(A) require each State public safety 
broadband communications network to be inter-
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connected and interoperable with all other such 
networks; 
(B) require each State public safety 
broadband communications network to be based 
on a network architecture that evolves with 
technological advancements; 
(C) 
require 
all 
State 
public 
safety 
broadband communications networks to be 
based on the same commercial standards; 
(D) require each State public safety 
broadband communications network to be de-
ployed as networks are typically deployed by 
providers of commercial mobile data service; 
(E) promote competition in the public safe-
ty equipment market by requiring equipment 
for use on the State public safety broadband 
communications networks to be— 
(i) built to open, nonproprietary, com-
mercial standards; 
(ii) capable of being used by any pro-
vider of public safety services and accessed 
by devices manufactured by multiple ven-
dors; and 
(iii) backward-compatible with prior 
generations of commercial mobile service 
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and commercial mobile data service net-
works to the extent typically deployed by 
providers of commercial mobile service and 
commercial mobile data service; and 
(F) require each State public safety 
broadband communications network to be inte-
grated with public safety answering points, or 
the equivalent of public safety answering points, 
and with networks for the provision of Next 
Generation 9–1–1 services. 
(2) 
STATE-SPECIFIC
REQUIREMENTS.—The 
Plan shall require each State Public Safety 
Broadband Office to include in requests for pro-
posals for the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such State— 
(A) specifications for the construction and 
deployment of such network, including— 
(i) build timetables, which shall take 
into consideration the time needed to build 
out to rural areas; 
(ii) required coverage areas, including 
rural and nonurban areas; 
(iii) minimum service levels; and 
(iv) specific performance criteria; 
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(B) the technical and operational require-
ments for such network; 
(C) the practices, procedures, and stand-
ards for the management and operation of such 
network; 
(D) the terms of service for the use of such 
network; and 
(E) specifications for ongoing compliance 
review and monitoring of— 
(i) the construction, management, 
maintenance, and operation of such net-
work; 
(ii) the practices and procedures of 
the entities operating on such network; and 
(iii) the necessary training needs of 
network users. 
(e) DEVELOPMENT
OF BASELINE REQUEST
FOR 
PROPOSALS.— 
(1) DEVELOPMENT BY BOARD.—Not later than 
1 year after the date on which the Board is estab-
lished under subsection (a)(1), the Board shall sub-
mit to the Commission a draft baseline request for 
proposals for each State to use in developing its re-
quest for proposals for the construction, manage-
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ment, maintenance, and operation of a State public 
safety broadband communications network. 
(2) CONSIDERATION BY COMMISSION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the submission of the draft 
baseline request for proposals by the Board 
under paragraph (1), the Commission shall 
complete a single proceeding to— 
(i) adopt such draft, without modifica-
tion; or 
(ii) reject such draft. 
(B) PROCEDURES IF DRAFT REJECTED.— 
If the Commission rejects such draft under sub-
paragraph (A)(ii), the Board shall, not later 
than 60 days thereafter, submit to the Commis-
sion a revised draft baseline request for pro-
posals. Such revised draft shall be treated as a 
draft submitted by the Board under paragraph 
(1). 
(3) REVISIONS.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission draft revi-
sions to the baseline request for proposals 
adopted under paragraph (2)(A)(i). 
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(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a draft revision, the Commission shall 
complete a single proceeding to— 
(i) revise the baseline request for pro-
posals in accordance with such draft revi-
sion, without modification of such draft re-
vision; or 
(ii) reject such draft revision. 
SEC. 4203. PLAN ADMINISTRATION. 
(a) SELECTION OF ADMINISTRATOR.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall, through an open, transparent request-for-pro-
posals process, select an entity to serve as the Ad-
ministrator of the Plan. The Assistant Secretary 
shall commence such process not later than 120 
days after the date of the adoption of the Plan by 
the Commission under section 4202(c)(1)(A). 
(2) REPLACEMENT.—If an entity ceases to 
serve as Administrator under a contract awarded 
under paragraph (1) or this paragraph, the Assist-
ant Secretary shall, through an open, transparent 
request-for-proposals process, select another entity 
to serve as Administrator. 
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(b) POWERS AND DUTIES OF ADMINISTRATOR.—The 
Administrator shall— 
(1) review and coordinate the implementation of 
the Plan and the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications networks, in accordance 
with the Plan, under contracts entered into by the 
State Public Safety Broadband Offices; 
(2) transmit to each State Public Safety 
Broadband Office the baseline request for proposals 
adopted 
by 
the 
Commission 
under 
section 
4202(e)(2)(A)(i) and any revisions to such baseline 
request for proposals adopted by the Commission 
under section 4202(e)(3)(B)(i); 
(3) review and approve or disapprove, in ac-
cordance with section 4221(c), each contract pro-
posed by a State Public Safety Broadband Office for 
the construction, management, maintenance, and op-
eration of a State public safety broadband commu-
nications network; 
(4) give public notice of each decision to ap-
prove or disapprove such a contract and of any other 
decision of the Administrator with respect to such a 
contract, a State Public Safety Broadband Office, or 
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a State public safety broadband communications 
network; 
(5) in consultation with State Public Safety 
Broadband Offices, conduct assessments for inclu-
sion in the annual report required by subsection 
(f)(1) of— 
(A) progress on construction and adoption 
of the State public safety broadband commu-
nications networks; and 
(B) the management, maintenance, and 
operation of such networks; and 
(6) conduct such audits as are necessary to en-
sure— 
(A) with respect to contracts described in 
paragraph (3), the integrity of the contracting 
process and the adequate performance of such 
contracts; and 
(B) that the State public safety broadband 
communications networks are constructed, man-
aged, maintained, and operated in accordance 
with the Plan. 
(c) LIMITATION ON POWERS OF ADMINISTRATOR.— 
The Administrator may not— 
(1) take any action unless this title expressly 
confers on the Administrator the power to take such 
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action or such action is necessary to carry out a 
power that this title expressly confers on the Admin-
istrator; or 
(2) prohibit or refuse to approve any action of 
a State Public Safety Broadband Office or with re-
spect to a State public safety broadband communica-
tions network unless such action would violate the 
Plan or the license terms of the spectrum licensed 
to the Administrator. 
(d) REVIEW OF DECISIONS OF ADMINISTRATOR.— 
(1) IN GENERAL.—The United States District 
Court for the District of Columbia shall have exclu-
sive jurisdiction to review decisions of the Adminis-
trator. 
(2) FILING OF PETITION.—Any party aggrieved 
by a decision of the Administrator may seek review 
of such decision by filing a petition for review with 
the court not later than 30 days after the date on 
which public notice is given of such decision. 
(3) CONTENTS
OF
PETITION.—The petition 
shall contain a concise statement of the following: 
(A) The nature of the proceedings as to 
which review is sought. 
(B) The grounds on which relief is sought. 
(C) The relief prayed. 
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(4) ATTACHMENT
TO
PETITION.—The peti-
tioner shall attach to the petition, as an exhibit, a 
copy of the decision of the Administrator on which 
review is sought. 
(5) SERVICE.—The clerk shall serve a true copy 
of the petition on the Administrator, the Assistant 
Secretary, and the Commission by registered mail, 
with request for a return receipt. 
(6) STANDARD OF REVIEW.—The court may af-
firm or vacate a decision of the Administrator on re-
view. The court may vacate a decision of the Admin-
istrator only— 
(A) where the decision was procured by 
corruption, fraud, or undue means; 
(B) where there was actual partiality or 
corruption in the Administrator; 
(C) where the Administrator was guilty of 
misconduct in refusing to hear evidence perti-
nent and material to the decision or of any 
other misbehavior by which the rights of any 
party have been prejudiced; or 
(D) where the Administrator exceeded the 
powers conferred on it by this title or otherwise 
did not arguably construe or apply the Plan in 
making its decision. 
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(7) REVIEW BY NTIA PROHIBITED.—The As-
sistant Secretary shall take such action as is nec-
essary to ensure that the Administrator complies 
with the requirements of this title, the Plan, and the 
terms of the contract entered into under subsection 
(a), but the Assistant Secretary may not vacate or 
otherwise modify a decision by the Administrator 
with respect to a third party. 
(e) AUDITS OF USE OF FEDERAL FUNDS BY ADMIN-
ISTRATOR.—Not later than 1 year after entering into a 
contract to serve as Administrator, and annually there-
after, the Administrator shall provide to the Assistant Sec-
retary a statement, audited by an independent auditor, 
that details the use during the preceding fiscal year of any 
Federal funds received by the Administrator in connection 
with its service as Administrator. 
(f) ANNUAL REPORT BY ADMINISTRATOR.— 
(1) IN GENERAL.—Not later than 1 year after 
entering into a contract to serve as Administrator, 
and annually thereafter, the Administrator shall sub-
mit a report covering the preceding fiscal year to— 
(A) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate; 
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(B) the Assistant Secretary; 
(C) the Commission; and 
(D) the Board. 
(2) REQUIRED CONTENT.—The report required 
by paragraph (1) shall include— 
(A) a comprehensive and detailed descrip-
tion of— 
(i) the results of assessments con-
ducted under subsection (b)(5) and audits 
conducted under subsection (b)(6); 
(ii) the activities of the Administrator 
in its capacity as Administrator; and 
(iii) the financial condition of the Ad-
ministrator; and 
(B) such recommendations or proposals for 
legislative or administrative action as the Ad-
ministrator considers appropriate. 
SEC. 4204. INITIAL FUNDING FOR ADMINISTRATOR. 
(a) BORROWING AUTHORITY.—Prior to the end of 
fiscal year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury of the United States not 
more than $40,000,000 to enter into a contract with an 
entity to serve as Administrator under section 4203(a). 
(b) REIMBURSEMENT.—The Assistant Secretary 
shall reimburse the general fund of the Treasury, without 
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interest, for any amounts borrowed under subsection (a) 
from funds made available from the Public Safety Trust 
Fund established by section 4241(a)(1), as such funds be-
come available. 
SEC. 4205. STUDY ON EMERGENCY COMMUNICATIONS BY 
AMATEUR RADIO AND IMPEDIMENTS TO AMA-
TEUR RADIO COMMUNICATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commission, in con-
sultation with the Office of Emergency Communications 
in the Department of Homeland Security, shall— 
(1) complete a study on the uses and capabili-
ties 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 Transpor-
tation 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 
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(B) recommendations for— 
(i) enhancements in the voluntary deploy-
ment of amateur radio operators in disaster and 
emergency communications and disaster relief 
efforts; and 
(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 en-
hanced amateur radio service communications, such 
as the effects of unreasonable or unnecessary private 
land use restrictions on residential antenna installa-
tions; 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 commu-
nications communities. 
PART 2—STATE IMPLEMENTATION 
SEC. 4221. NEGOTIATION AND APPROVAL OF CONTRACTS. 
(a) STATE PUBLIC SAFETY BROADBAND OFFICES.— 
Each State desiring to establish a State public safety 
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broadband communications network shall establish or des-
ignate a State Public Safety Broadband Office. 
(b) NEGOTIATION BY STATES.— 
(1) IN
GENERAL.—Each State Public Safety 
Broadband Office shall— 
(A) use the baseline request for proposals 
transmitted under section 4203(b)(2) to develop 
a request for proposals for the construction, 
management, maintenance, and operation of a 
State public safety broadband communications 
network; 
(B) negotiate a contract with a private-sec-
tor entity for such construction, management, 
maintenance, and operation; 
(C) transmit such contract to the Adminis-
trator for approval; and 
(D) if the Administrator approves such 
contract, enter into such contract with such en-
tity. 
(2) FACTORS FOR CONSIDERATION.—In devel-
oping a request for proposals under paragraph 
(1)(A) and negotiating a proposed contract under 
paragraph 
(1)(B), 
the 
State 
Public 
Safety 
Broadband Office shall take into consideration the 
following: 
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(A) The most efficient and effective use 
and integration by State, local, and tribal pro-
viders of public safety services within such 
State of the spectrum licensed to the Adminis-
trator and the infrastructure, equipment, and 
other architecture associated with the State 
public safety broadband communications net-
work to satisfy the wireless communications 
and data services needs of such providers. 
(B) The particular assets and specialized 
needs of such providers. Such assets may in-
clude available towers and infrastructure. Such 
needs may include the projected number of 
users, preferred buildout timeframes, special 
coverage needs, special hardening, reliability, 
security, and resiliency needs, local user priority 
assignments, and integration needs of public 
safety answering points and emergency oper-
ations centers. 
(C) Whether any entities that are not pro-
viders of public safety services should have 
emergency access to the State public safety 
broadband communications network, as de-
scribed in subsection (e). 
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(D) Whether the State public safety 
broadband communications network provides 
for the selection on a localized basis of network 
options that remain consistent with the Plan. 
(E) How to ensure the reliability, security, 
and resiliency of the State public safety 
broadband communications network, including 
through measures for— 
(i) protecting and monitoring the cy-
bersecurity of the network; and 
(ii) managing supply chain risks to 
the network. 
(3) PARTNERSHIPS.— 
(A) IN
GENERAL.—In choosing from 
among the entities that respond to the request 
for 
proposals 
developed 
under 
paragraph 
(1)(A), the State Public Safety Broadband Of-
fice shall— 
(i) select a provider of commercial mo-
bile service or commercial mobile data 
service; and 
(ii) give additional consideration to 
providers of commercial mobile service or 
commercial mobile data service whose pro-
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posals include a partnership with a utility 
provider. 
(B) JOINT
VENTURES.—For purposes of 
subparagraph (A), a joint venture that includes 
a provider of commercial mobile service or com-
mercial mobile data service shall be considered 
to be such a provider. 
(c) REVIEW BY ADMINISTRATOR.— 
(1) IN GENERAL.—Upon receiving from a State 
Public Safety Broadband Office a contract nego-
tiated under subsection (b), the Administrator shall 
either approve or disapprove such contract but may 
not make any changes to its terms. 
(2) DISAPPROVAL.—In the case of disapproval 
under paragraph (1), the State Public Safety 
Broadband Office may renegotiate the contract, ne-
gotiate a contract with another entity that re-
sponded to the Office’s request for proposals, or 
issue a new request for proposals. 
(d) 
PUBLIC-PRIVATE
PARTNERSHIPS.—Notwith-
standing any limitation in section 337 of the Communica-
tions Act of 1934 (47 U.S.C. 337), a contract entered into 
between a State Public Safety Broadband Office and a 
private entity under subsection (b)(1)(D) may permit— 
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(1) such entity to obtain access to the spectrum 
licensed to the Administrator in such State for serv-
ices that are not public safety services; or 
(2) the State Public Safety Broadband Office to 
share with such entity equipment or infrastructure 
of the State public safety broadband communications 
network, including antennas and towers. 
(e) EMERGENCY ACCESS BY NON-PUBLIC SAFETY 
ENTITIES.— 
(1) IN GENERAL.—Notwithstanding any limita-
tion in section 337 of the Communications Act of 
1934 (47 U.S.C. 337), as expressly permitted by the 
terms of a contract entered into under subsection 
(b)(1)(D) for the construction, management, mainte-
nance, and operation of a State public safety 
broadband communications network, the Adminis-
trator may enter into agreements with entities in 
such State that are not providers of public safety 
services to permit such entities to obtain access on 
a secondary, preemptible basis to the State public 
safety broadband communications network of such 
State in order to facilitate interoperability between 
such entities and providers of public safety services 
in protecting the safety of life, health, and property 
during emergencies and during preparation for and 
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recovery from emergencies, including during emer-
gency drills, exercises, and tests. 
(2) PREEMPTION.—The Administrator shall en-
sure that, under any agreement entered into under 
paragraph (1), providers of public safety services 
may preempt use of the State public safety 
broadband communications network by an entity 
with which the Administrator has entered into such 
agreement. 
(f) MULTI-STATE NEGOTIATION.—The State Public 
Safety Broadband Offices of more than one State may 
form a consortium for purposes of developing a request 
for proposals and negotiating and entering into a contract 
for the construction, management, maintenance, and oper-
ation of a State public safety broadband communications 
network for such States. While such Offices remain in the 
consortium, such States shall be treated as a single State, 
such Offices shall be treated as a single Office of a single 
State, and such network shall be treated as the State pub-
lic safety broadband communications network of a single 
State. 
SEC. 4222. STATE IMPLEMENTATION GRANT PROGRAM. 
(a) IN GENERAL.—From amounts made available 
under section 4223(b), the Assistant Secretary shall, in 
consultation with the Administrator, make grants to State 
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Public Safety Broadband Offices to assist such Offices in 
carrying out the duties of such Offices under this part, 
except for making payments under contracts entered into 
under section 4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) 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. 
(2) WAIVER.—The Assistant Secretary may 
waive, in whole or in part, the requirements of para-
graph (1) if the State Public Safety Broadband Of-
fice has demonstrated financial hardship. 
(d) PROGRAMMATIC
REQUIREMENTS.—Not later 
than 1 year after the date of the adoption of the Plan 
by the Commission under section 4202(c)(1)(A), the As-
sistant Secretary, in consultation with the Board, shall es-
tablish requirements relating to the grant program to be 
carried out under this section, including the following: 
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(1) Defining eligible costs for purposes of sub-
section (c)(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. 
SEC. 4223. STATE IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
State Implementation Fund. 
(b) AMOUNTS AVAILABLE FOR STATE IMPLEMENTA-
TION GRANT PROGRAM.—Any amounts borrowed under 
subsection (c)(1) and any amounts in the State Implemen-
tation Fund that are not necessary to reimburse the gen-
eral fund of the Treasury for such borrowed amounts shall 
be available to the Assistant Secretary to implement sec-
tion 4222. 
(c) BORROWING AUTHORITY.— 
(1) IN GENERAL.—Prior to the end of fiscal 
year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury such sums as may 
be necessary, but not to exceed $100,000,000, to im-
plement section 4222. 
(2) REIMBURSEMENT.—The Assistant Sec-
retary shall reimburse the general fund of the Treas-
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ury, without interest, for any amounts borrowed 
under paragraph (1) as funds are deposited into the 
State Implementation Fund. 
(d) TRANSFER OF UNUSED FUNDS.—If there is a 
balance remaining in the State Implementation Fund on 
September 30, 2021, 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. 
SEC. 4224. GRANTS TO STATES FOR NETWORK BUILDOUT. 
(a) ESTABLISHMENT.—From amounts made avail-
able from the Public Safety Trust Fund established by 
section 4241(a)(1), the Assistant Secretary shall make 
grants to State Public Safety Broadband Offices for pay-
ments under contracts entered into under section 
4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) QUARTERLY REPORTS.— 
(1) FROM GRANTEES TO NTIA.—Not later than 
3 months after receiving a grant under this section 
and not less frequently than quarterly thereafter 
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until the date that is 1 year after all such funds 
have 
been 
expended, 
a 
State 
Public 
Safety 
Broadband Office shall submit to the Assistant Sec-
retary a report on— 
(A) the use of grant funds by such Office; 
and 
(B) the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such 
State. 
(2) FROM NTIA TO CONGRESS.—Not later than 
6 months after making the first grant under this 
section and not less frequently than quarterly there-
after until the date that is 18 months after all such 
funds have been expended by the grantees, the As-
sistant Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Energy and Commerce of 
the House of Representatives a report that— 
(A) summarizes the reports submitted by 
grantees under paragraph (1); and 
(B) describes and evaluates— 
(i) the use of grant funds disbursed 
under this section; and 
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(ii) the construction, management, 
maintenance, and operation of the State 
public safety broadband communications 
networks under the contracts under which 
grantees make payments using grant 
funds. 
SEC. 4225. 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 pur-
poses of this subsection, the term ‘‘eligible facilities 
request’’ means any request for modification of an 
existing wireless tower or base station that in-
volves— 
(A) collocation of new transmission equip-
ment; 
(B) removal of transmission equipment; or 
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(C) replacement of transmission equip-
ment. 
(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 per-
son, firm, or organization applies for the grant of an 
easement or right-of-way to, in, over, or on a build-
ing or other property owned by the Federal Govern-
ment 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 prop-
erty may grant to the applicant, on behalf of the 
Federal Government, an easement or right-of-way to 
perform such installation, construction, and mainte-
nance. 
(2) APPLICATION.—The Administrator of Gen-
eral Services shall develop a common form for appli-
cations for easements and rights-of-way under para-
graph (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 
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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 re-
covery. 
(B) EXCEPTIONS.—The Administrator of 
General Services may establish exceptions to 
the fee amount required under subparagraph 
(A)— 
(i) in consideration of the public ben-
efit provided by a grant of an easement or 
right-of-way; and 
(ii) in the interest of expanding wire-
less 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 right-of-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 Adminis-
trator of General Services shall— 
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(A) develop 1 or more master contracts 
that shall govern the placement of wireless serv-
ice 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 roof-
tops or inside buildings, the technology used in 
connection with wireless service antenna struc-
tures 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 pub-
licly accessible buildings and other property owned 
by the Federal Government, unless the Adminis-
trator of General Services decides that issues with 
respect to the siting of a wireless service antenna 
structure on a specific building or other property 
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warrant nonstandard treatment of such building or 
other property. 
(3) APPLICATION.—The Administrator of Gen-
eral 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 re-
spect 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. 
PART 3—PUBLIC SAFETY TRUST FUND 
SEC. 4241. 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 2021. Any amounts remaining in 
the Fund after the end of such fiscal year shall be 
deposited in the general fund of the Treasury, where 
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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 
ADMINISTRATION
OF
NATIONAL
PUBLIC
SAFETY 
COMMUNICATIONS PLAN.—An amount not to exceed 
$40,000,000 shall be available to the Assistant Sec-
retary to reimburse the general fund of the Treasury 
for any amounts borrowed under section 4204(a). 
(2) 
STATE
IMPLEMENTATION
FUND.— 
$100,000,000 shall be deposited in the State Imple-
mentation Fund established by section 4223(a). 
(3) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS.— 
$4,960,000,000 shall be available to the Assistant 
Secretary to carry out section 4224. 
(4) 
DEFICIT
REDUCTION.—$20,400,000,000 
shall be deposited in the general fund of the Treas-
ury, where such amount shall be dedicated for the 
sole purpose of deficit reduction. 
(5) 9–1–1, E9–1–1, AND NEXT GENERATION 9– 
1–1 IMPLEMENTATION GRANTS.—$250,000,000 shall 
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be available to the Assistant Secretary and the Ad-
ministrator of the National Highway Traffic Safety 
Administration to carry out the grant program 
under section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act, as amended by section 4265 of this title. 
(6) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS
AND 
DEFICIT
REDUCTION.—Of the remaining amounts 
deposited in the Fund— 
(A) 10 percent of any such amounts, not 
to exceed $1,500,000,000, shall be available to 
the Assistant Secretary to carry out section 
4224; and 
(B) 90 percent of any such amounts (or 
100 percent of any such amounts after amounts 
made available under subparagraph (A) exceed 
$1,500,000,000) shall be deposited in the gen-
eral 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, 
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and proceeds from, any such investment shall be credited 
to, and become a part of, the Fund. 
PART 4—NEXT GENERATION 9–1–1 
ADVANCEMENT ACT OF 2011 
SEC. 4261. SHORT TITLE. 
This part may be cited as the ‘‘Next Generation 9– 
1–1 Advancement Act of 2011’’. 
SEC. 4262. FINDINGS. 
Congress finds that— 
(1) for the sake of the public safety of our Na-
tion, a universal emergency service number (9–1–1) 
that is enhanced with the most modern and state-of- 
the-art telecommunications capabilities possible, in-
cluding voice, data, and video communications, 
should be available to all citizens wherever they live, 
work, and travel; 
(2) a successful migration to Next Generation 
9–1–1 service communications systems will require 
greater Federal, State, and local government re-
sources and coordination; 
(3) any funds that are collected from fees im-
posed on consumer bills for the purposes of funding 
9–1–1 services, enhanced 9–1–1 services, or Next 
Generation 9–1–1 services should only be used for 
the purposes for which the funds are collected; 
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(4) it is a national priority to foster the migra-
tion from analog, voice-centric 9–1–1 and current 
generation emergency communications systems to a 
21st century, Next Generation, IP-based emergency 
services model that embraces a wide range of voice, 
video, and data applications; 
(5) ensuring 9–1–1 access for all citizens in-
cludes improving access to 9–1–1 systems for the 
deaf, hard of hearing, deaf-blind, and individuals 
with speech disabilities, who increasingly commu-
nicate with non-traditional text, video, and instant- 
messaging communications services, and who expect 
those services to be able to connect directly to 9–1– 
1 systems; 
(6) a coordinated public educational effort on 
current and emerging 9–1–1 system capabilities and 
proper use of the 9–1–1 system is essential to the 
operation of effective 9–1–1 systems; 
(7) Federal policies and funding should enable 
the transition to Internet Protocol-based (IP-based) 
Next Generation 9–1–1 systems, and Federal 9–1– 
1 and emergency communications laws and regula-
tions must keep pace with rapidly changing tech-
nology to ensure an open and competitive 9–1–1 en-
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vironment based on the most advanced technology 
available; and 
(8) Federal policies and grant programs should 
reflect the growing convergence and integration of 
emergency communications technology, such that 
State interoperability plans and Federal funding in 
support of such plans are made available for all as-
pects of Next Generation 9–1–1 service and emer-
gency communications systems. 
SEC. 4263. PURPOSES. 
The purposes of this part are— 
(1) to focus Federal policies and funding pro-
grams to ensure a successful migration from voice- 
centric 9–1–1 systems to IP-enabled, Next Genera-
tion 9–1–1 emergency response systems that use 
voice, data, and video services to greatly enhance the 
capability of 9–1–1 and emergency response services; 
(2) to ensure that technologically advanced 9– 
1–1 and emergency communications systems are 
universally available and adequately funded to serve 
all Americans; and 
(3) to ensure that all 9–1–1 and emergency re-
sponse organizations have access to— 
(A) high-speed broadband networks; 
(B) interconnected IP backbones; and 
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(C) innovative services and applications. 
SEC. 4264. DEFINITIONS. 
In this part, 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 Infor-
mation Administration Organization Act (47 U.S.C. 
942), as amended by this part. 
(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 clas-
sified 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 Telecommuni-
cations and Information Administration Organiza-
tion Act (47 U.S.C. 942), as amended by this part. 
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SEC. 4265. 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 GEN-
ERATION 9–1–1 IMPLEMENTATION. 
‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OF-
FICE.— 
‘‘(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 be-
tween Federal, State, and local emergency com-
munications systems, emergency personnel, 
public safety organizations, telecommunications 
carriers, and telecommunications equipment 
manufacturers and vendors involved in the im-
plementation 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 Sec-
retary and the Administrator shall develop a 
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management plan for the grant program estab-
lished under this section, including by devel-
oping— 
‘‘(i) plans related to the organiza-
tional 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 2011, the Assistant Secretary and the Ad-
ministrator shall submit the management plan 
developed under subparagraph (A) to— 
‘‘(i) the Committees on Commerce, 
Science, and Transportation and Appro-
priations 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 coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve coordination and com-
munication with respect to the implementation 
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of 9–1–1 services, E9–1–1 services, and Next 
Generation 9–1–1 services; 
‘‘(B) develop, collect, and disseminate in-
formation concerning practices, procedures, and 
technology used in the implementation of 9–1– 
1 services, E9–1–1 services, and Next Genera-
tion 9–1–1 services; 
‘‘(C) advise and assist eligible entities in 
the preparation of implementation plans re-
quired 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 implementa-
tion 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.— 
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‘‘(1) MATCHING GRANTS.—The Assistant Sec-
retary and the Administrator, acting through the Of-
fice, shall provide grants to eligible entities for— 
‘‘(A) the implementation and operation of 
9–1–1 services, E9–1–1 services, migration to 
an IP-enabled emergency network, and adoption 
and operation of Next Generation 9–1–1 serv-
ices 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 re-
sponse organizations; and 
‘‘(C) training public safety personnel, in-
cluding call-takers, first responders, and other 
individuals and organizations who are part of 
the emergency response chain in 9–1–1 serv-
ices. 
‘‘(2) MATCHING REQUIREMENT.—The Federal 
share of the cost of a project eligible for a grant 
under this section shall not exceed 80 percent. The 
non-Federal share of the cost shall be provided from 
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non-Federal sources unless waived by the Assistant 
Secretary and the Administrator. 
‘‘(3) COORDINATION REQUIRED.—In providing 
grants under paragraph (1), the Assistant Secretary 
and the Administrator shall require an eligible entity 
to certify in its application that— 
‘‘(A) in the case of an eligible entity that 
is a State government, the entity— 
‘‘(i) has coordinated its application 
with the public safety answering points lo-
cated 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 serv-
ices, 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 Gen-
eration 9–1–1 services; and 
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‘‘(iv) has integrated telecommuni-
cations services involved in the implemen-
tation 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 com-
plied 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 2011, the Assistant Secretary 
and the Administrator shall issue regulations, after 
providing the public with notice and an opportunity 
to comment, prescribing the criteria for selection for 
grants under this section. The criteria shall include 
performance requirements and a timeline for comple-
tion of any project to be financed by a grant under 
this section. The Assistant Secretary and the Ad-
ministrator shall update such regulations as nec-
essary. 
‘‘(c) DIVERSION OF 9–1–1 CHARGES.— 
‘‘(1) DESIGNATED
9–1–1
CHARGES.—For the 
purposes of this subsection, the term ‘designated 9– 
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1–1 charges’ means any taxes, fees, or other charges 
imposed by a State or other taxing jurisdiction that 
are designated or presented as dedicated to deliver 
or improve 9–1–1 services, E9–1–1 services, or Next 
Generation 9–1–1 services. 
‘‘(2) CERTIFICATION.—Each applicant for a 
matching grant under this section shall certify to the 
Assistant Secretary and the Administrator at the 
time of application, and each applicant that receives 
such a grant shall certify to the Assistant Secretary 
and the Administrator annually thereafter during 
any period of time during which the funds from the 
grant are available to the applicant, that no portion 
of any designated 9–1–1 charges imposed by a State 
or other taxing jurisdiction within which the appli-
cant is located are being obligated or expended for 
any purpose other than the purposes for which such 
charges are designated or presented during the pe-
riod 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 con-
dition of receipt of the grant, that if the State or 
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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 appli-
cant, 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 pur-
poses 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 INFOR-
MATION.—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 sub-
section (b) during the time that the certification 
was not valid; and 
‘‘(C) not be eligible to receive any subse-
quent grants under subsection (b). 
‘‘(d) FUNDING AND TERMINATION.— 
‘‘(1) IN GENERAL.—From the amounts made 
available to the Assistant Secretary and the Admin-
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istrator 
under 
section 
4241(b)(5) 
of 
the 
Jumpstarting Opportunity with Broadband Spec-
trum Act of 2011, the Assistant Secretary and the 
Administrator are authorized to provide grants 
under this section through the end of fiscal year 
2021. Not more than 5 percent of such amounts 
may be obligated or expended to cover the adminis-
trative costs of carrying out this section. 
‘‘(2) TERMINATION.—Effective on October 1, 
2021, the authority provided by this section termi-
nates 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 serv-
ices’ includes both E9–1–1 services and Next Gen-
eration 9–1–1 services. 
‘‘(2) E9–1–1 SERVICES.—The term ‘E9–1–1 
services’ means both phase I and phase II enhanced 
9–1–1 services, as described in section 20.18 of the 
Commission’s regulations (47 CFR 20.18), as in ef-
fect on the date of enactment of the Next Genera-
tion 9–1–1 Advancement Act of 2011, or as subse-
quently revised by the Commission. 
‘‘(3) ELIGIBLE ENTITY.— 
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‘‘(A) IN GENERAL.—The term ‘eligible en-
tity’ 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 ‘eli-
gible entity’ includes public authorities, boards, 
commissions, and similar bodies created by 1 or 
more eligible entities described in subparagraph 
(A) to provide 9–1–1 services, E9–1–1 services, 
or Next Generation 9–1–1 services. 
‘‘(C) EXCEPTION.—The term ‘eligible enti-
ty’ does not include any entity that has failed 
to submit the most recently required certifi-
cation 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 re-
lated data; and 
‘‘(B) nonhuman-initiated automatic event 
alerts, such as alarms, telematics, or sensor 
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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 informa-
tion; 
‘‘(C) acquires and integrates additional 
emergency call data useful to call routing and 
handling; 
‘‘(D) delivers the emergency calls, mes-
sages, and data to the appropriate public safety 
answering point and other appropriate emer-
gency entities; 
‘‘(E) supports data or video communica-
tions needs for coordinated incident response 
and management; and 
‘‘(F) provides broadband service to public 
safety answering points or other first responder 
entities. 
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‘‘(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 Communica-
tions Act of 1934 (47 U.S.C. 222). 
‘‘(8) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
Puerto Rico, American Samoa, Guam, the United 
States Virgin Islands, the Northern Mariana Is-
lands, and any other territory or possession of the 
United States.’’. 
SEC. 4266. 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 capabili-
ties of the multi-line telephone system in use by all Fed-
eral 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 Commis-
sion shall issue a public notice seeking comment on 
the feasibility of requiring MLTS manufacturers to 
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include within all such systems manufactured or sold 
after a date certain, to be determined by the Com-
mission, one or more mechanisms to provide a suffi-
ciently 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 no-
tice under paragraph (1) shall seek comment on the 
National Emergency Number Association’s ‘‘Tech-
nical Requirements Document On Model Legislation 
E9–1–1 for Multi-Line Telephone Systems’’ (NENA 
06–750, Version 2). 
SEC. 4267. 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 dedi-
cated to improve emergency communications serv-
ices, including 9–1–1 services or enhanced 9–1–1 
services, or related to emergency communications 
services operations or improvements; and 
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(2) the use of revenues derived from such taxes, 
fees, or charges. 
(b) REPORT.—Not later than 18 months after initi-
ating the study required by subsection (a), the Comp-
troller 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 Com-
mittee on Energy and Commerce of the House of Rep-
resentatives setting forth the findings, conclusions, and 
recommendations, if any, of the study, including— 
(1) the identity of each State or political sub-
division that imposes such taxes, fees, or other 
charges; and 
(2) the amount of revenues obligated or ex-
pended 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. 4268. PARITY OF PROTECTION FOR PROVISION OR 
USE OF NEXT GENERATION 9–1–1 SERVICES. 
(a) IMMUNITY.—A provider or user of Next Genera-
tion 9–1–1 services, a public safety answering point, and 
the officers, directors, employees, vendors, agents, and au-
thorizing government entity (if any) of such provider, user, 
or public safety answering point, shall have immunity and 
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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 LI-
ABILITY.—The scope and extent of the immunity and pro-
tection from liability afforded under subsection (a) shall 
be the same as that provided under section 4 of the Wire-
less 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. 4269. 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. 
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(b) FEATURES OF THE REGISTRY.—The Commission 
shall issue regulations, after providing the public with no-
tice 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 fre-
quently than once every 7 years, that registered 
numbers should continue to appear upon the reg-
istry; 
(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 reg-
istered numbers. 
(c) ENFORCEMENT.—The Commission shall— 
(1) establish monetary penalties for violations 
of the protective regulations established pursuant to 
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subsection (b)(4) of not less than $100,000 per inci-
dent nor more than $1,000,000 per incident; 
(2) establish monetary penalties for violations 
of the prohibition on automatically dialing registered 
numbers established pursuant to subsection (b)(5) of 
not less than $10,000 per call nor more than 
$100,000 per call; and 
(3) provide for the imposition of fines under 
paragraphs (1) or (2) that vary depending upon 
whether the conduct leading to the violation was 
negligent, grossly negligent, reckless, or willful, and 
depending on whether the violation was a first or 
subsequent offence. 
SEC. 4270. NHTSA 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 Administrator of 
the National Highway Traffic Safety Administration, in 
consultation with the Commission, the Secretary of Home-
land Security, and the Office, shall prepare and submit 
a report to Congress that analyzes and determines detailed 
costs for specific Next Generation 9–1–1 service require-
ments and specifications. 
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(b) PURPOSE OF REPORT.—The purpose of the re-
port 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 oper-
ation, accessibility, application development, equipment 
procurement, and training of personnel for Next Genera-
tion 9–1–1 services. 
(c) REQUIRED INCLUSIONS.—The report required 
under subsection (a) shall include the following: 
(1) How costs would be broken out geographi-
cally and/or 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 country may 
affect costs. 
(4) A technical analysis and cost study of dif-
ferent delivery platforms, such as wireline, wireless, 
and satellite. 
(5) An assessment of the architectural charac-
teristics, feasibility, and limitations of Next Genera-
tion 9–1–1 service delivery. 
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(6) An analysis of the needs for Next Genera-
tion 9–1–1 services of persons with disabilities. 
(7) Standards and protocols for Next Genera-
tion 9–1–1 services and for incorporating Voice over 
Internet Protocol and ‘‘Real-Time Text’’ standards. 
SEC. 4271. FCC RECOMMENDATIONS FOR LEGAL AND STAT-
UTORY 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 Sec-
retary of Homeland Security, the Administrator of the Na-
tional Highway Traffic Safety Administration, and the Of-
fice, 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 fol-
lowing: 
(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. 
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(2) Legal mechanisms to ensure efficient and 
accurate transmission of 9–1–1 caller information to 
emergency response agencies. 
(3) Recommendations for removing jurisdic-
tional barriers and inconsistent legacy regulations 
including— 
(A) proposals that would require States to 
remove regulatory roadblocks to Next Genera-
tion 9–1–1 services development, while recog-
nizing existing State authority over 9–1–1 serv-
ices; 
(B) eliminating outdated 9–1–1 regula-
tions at the Federal level; and 
(C) preempting inconsistent State regula-
tions. 
Subtitle C—Federal Spectrum 
Relocation 
SEC. 4301. RELOCATION OF AND SPECTRUM SHARING BY 
FEDERAL GOVERNMENT STATIONS. 
(a) IN GENERAL.—Section 113 of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 923) is amended— 
(1) in subsection (g)— 
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(A) by striking the heading and inserting 
‘‘RELOCATION OF AND SPECTRUM SHARING BY 
FEDERAL GOVERNMENT STATIONS’’; 
(B) by amending paragraph (1) to read as 
follows: 
‘‘(1) ELIGIBLE FEDERAL ENTITIES.—Any Fed-
eral entity that operates a Federal Government sta-
tion authorized to use a band of eligible frequencies 
described in paragraph (2) and that incurs reloca-
tion or sharing costs because of planning for an auc-
tion of spectrum frequencies or the reallocation of 
spectrum frequencies from Federal use to exclusive 
non-Federal use or to shared use shall receive pay-
ment for such relocation or sharing costs from the 
Spectrum Relocation Fund, in accordance with this 
section and section 118. For purposes of this para-
graph, Federal power agencies exempted under sub-
section (c)(4) that choose to relocate from the fre-
quencies identified for reallocation pursuant to sub-
section (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 reallo-
cated from Federal use to exclusive non-Federal 
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use or to shared use after January 1, 2003, 
that is assigned by competitive bidding pursu-
ant 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
DE-
FINED.— 
‘‘(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 fre-
quencies 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 ca-
pability 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, associ-
ated ancillary equipment, software, facili-
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ties, operating manuals, training, or com-
pliance with regulations that are attrib-
utable 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 con-
tractor staff necessary to carry out the re-
location or sharing activities of a Federal 
entity, and reasonable additional costs in-
curred by the Federal entity that are at-
tributable to relocation or sharing, includ-
ing increased recurring costs associated 
with the replacement of facilities; 
‘‘(iii) the costs of research, engineer-
ing studies, economic analyses, or other ex-
penses reasonably incurred in connection 
with— 
‘‘(I) calculating the estimated re-
location or sharing costs that are pro-
vided to the Commission pursuant to 
paragraph (4)(A); 
‘‘(II) determining the technical or 
operational feasibility of relocation to 
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1 or more potential relocation bands; 
or 
‘‘(III) planning for or managing 
a relocation or sharing arrangement 
(including spectrum coordination with 
auction winners); 
‘‘(iv) the one-time costs of any modi-
fication of equipment reasonably nec-
essary— 
‘‘(I) to accommodate non-Federal 
use of shared frequencies; or 
‘‘(II) in the case of eligible fre-
quencies 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 Fed-
eral and non-Federal use of such fre-
quencies for such period; and 
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‘‘(v) the costs associated with the ac-
celerated replacement of systems and 
equipment if the acceleration is necessary 
to ensure the timely relocation of systems 
to a new frequency assignment or the time-
ly accommodation of sharing of Federal 
frequencies. 
‘‘(B) COMPARABLE
CAPABILITY
OF
SYS-
TEMS.—For purposes of subparagraph (A), 
comparable capability of systems— 
‘‘(i) may be achieved by relocating a 
Federal Government station to a new fre-
quency assignment, by relocating a Federal 
Government station to a different geo-
graphic location, by modifying Federal 
Government equipment to mitigate inter-
ference or use less spectrum, in terms of 
bandwidth, geography, or time, and there-
by permitting spectrum sharing (including 
sharing among relocated Federal entities 
and incumbents to make spectrum avail-
able for non-Federal use) or relocation, or 
by utilizing an alternative technology; and 
‘‘(ii) includes the acquisition of state- 
of-the-art replacement systems intended to 
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meet comparable operational scope, which 
may 
include 
incidental 
increases 
in 
functionality.’’; 
(E) in paragraph (4)— 
(i) in the heading, by striking ‘‘RELO-
CATIONS COSTS’’ and inserting ‘‘RELOCA-
TION 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 of Federal entities’ spectrum- 
related operations from frequencies described in 
paragraph (2) to frequencies or facilities of com-
parable capability and to ensure the timely imple-
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mentation of arrangements for the sharing of fre-
quencies described in such paragraph. Upon a find-
ing by the NTIA that a Federal entity has achieved 
comparable capability of systems, the NTIA shall 
terminate or limit the entity’s authorization and no-
tify the Commission that the entity’s relocation has 
been completed or sharing arrangement has been im-
plemented. The NTIA shall also terminate such enti-
ty’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 fol-
lowing: 
‘‘(h) DEVELOPMENT AND PUBLICATION OF RELOCA-
TION 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 fre-
quencies described in subsection (g)(2), a Federal 
entity authorized to use any such frequency shall 
submit to the NTIA and to the Technical Panel es-
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tablished 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 enti-
ties to follow in preparing transition plans under 
this paragraph. 
‘‘(2) CONTENTS
OF
TRANSITION
PLAN.—The 
transition plan required by paragraph (1) shall in-
clude 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 facili-
ties or systems of the Federal entity that use 
such frequencies. 
‘‘(C) The frequency bands used by such fa-
cilities or systems, described by geographic loca-
tion. 
‘‘(D) The steps to be taken by the Federal 
entity to relocate its spectrum use from such 
frequencies or to share such frequencies, includ-
ing timelines for specific geographic locations in 
sufficient detail to indicate when use of such 
frequencies at such locations will be discon-
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‘‘(H) Factors that could hinder fulfillment 
of the transition plan by the Federal entity. 
‘‘(3) TECHNICAL PANEL.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished 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 Man-
agement and Budget (in this sub-
section referred to as ‘OMB’). 
‘‘(II) One member to be ap-
pointed by the Assistant Secretary. 
‘‘(III) One member to be ap-
pointed by the Chairman of the Com-
mission. 
‘‘(ii) QUALIFICATIONS.—Each mem-
ber 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 
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after the date of the enactment of the 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011. 
‘‘(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 ap-
pointed 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 expi-
ration of that member’s term until a suc-
cessor has taken office. A vacancy shall be 
filled in the manner in which the original 
appointment was made. 
‘‘(vi) NO COMPENSATION.—The mem-
bers of the Technical Panel shall not re-
ceive 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 ca-
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pacity 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 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011, the NTIA shall, after 
public notice and comment and subject to ap-
proval by the Director of OMB, adopt regula-
tions to govern the workings of the Technical 
Panel. 
‘‘(E) CERTAIN
REQUIREMENTS
INAPPLI-
CABLE.—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 
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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 reason-
ableness of the proposed timelines and esti-
mated relocation or sharing costs, including the 
costs of any proposed expansion of the capabili-
ties of a Federal system in connection with relo-
cation 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 Tech-
nical panel under subparagraph (A), submit to 
the Technical Panel a revised plan. Such re-
vised 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 
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changed circumstances, including changes in esti-
mated relocation or sharing costs or the timeline for 
relocation or sharing. The NTIA shall make the up-
dates available on its website. 
‘‘(7) CLASSIFIED
AND
OTHER
SENSITIVE
IN-
FORMATION.— 
‘‘(A) CLASSIFIED
INFORMATION.—If any 
of the information required to be included in 
the transition plan of a Federal entity is classi-
fied 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 exclu-
sion 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 para-
graph (2)(H) the extent of the classified 
information and the effect of such informa-
tion on the implementation of the reloca-
tion or sharing arrangement. 
‘‘(B) REGULATIONS.—Not later than 180 
days after the date of the enactment of the 
Jumpstarting Opportunity with Broadband 
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Spectrum Act of 2011, the NTIA, in consulta-
tion with the Director of OMB and the Sec-
retary of Defense, shall adopt regulations to en-
sure that the information publicly released 
under paragraph (5) or (6) does not contain 
classified information or other sensitive infor-
mation. 
‘‘(i) DISPUTE RESOLUTION PROCESS.— 
‘‘(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 reso-
lution 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 sub-
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to resolve and the time for appeal of its decision 
under paragraph (7) has expired, unless an ap-
peal 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 ap-
peal. 
‘‘(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 
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administrative support services necessary to carry 
out its duties under this subsection. 
‘‘(7) APPEALS.—A decision of the dispute reso-
lution board may be appealed to the United States 
Court of Appeals for the District of Columbia Cir-
cuit 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, in-
cluding attorneys’ fees, for any appeal under this 
paragraph. 
‘‘(8) REGULATIONS.—Not later than 180 days 
after the date of the enactment of the Jumpstarting 
Opportunity with Broadband Spectrum Act of 2011, 
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
INAPPLI-
CABLE.—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 res-
olution board established under paragraph (2)(A). 
‘‘(j) RELOCATION PRIORITIZED OVER SHARING.— 
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‘‘(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 op-
tions involving shared use only when it determines, 
in consultation with the Director of the Office of 
Management and Budget, that relocation of a Fed-
eral entity from the band is not feasible because of 
technical or cost constraints. 
‘‘(2) NOTIFICATION OF CONGRESS WHEN SHAR-
ING CHOSEN.—If the NTIA determines under para-
graph (1) that relocation of a Federal entity from 
the band is not feasible, the NTIA shall notify the 
Committee on Commerce, Science, and Transpor-
tation 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, as amended by section 
4105, is further amended by striking ‘‘relocation costs’’ 
each place it appears and inserting ‘‘relocation or sharing 
costs’’. 
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SEC. 4302. 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 fol-
lows: 
‘‘(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 Fed-
eral 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: 
‘‘(A) unless the eligible Federal entity has 
submitted a transition plan to the NTIA as re-
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quired 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 subpara-
graph (B), the Director of OMB may transfer 
to an eligible Federal entity, at any time (in-
cluding prior to a scheduled auction), such 
sums as may be available in the Fund to pay 
relocation or sharing costs related to pre-auc-
tion estimates or research, as such costs are de-
scribed in section 113(g)(3)(A)(iii). 
‘‘(B) NOTIFICATION.—No funds may be 
transferred pursuant to subparagraph (A) un-
less— 
‘‘(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 im-
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plementation of relocation or sharing, 
thereby increasing net expected auc-
tion 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 eligi-
ble 
frequencies 
with 
non-Federal 
users, including reasonable accommo-
dation by the eligible Federal entity 
for the use of eligible frequencies by 
non-Federal users during the period 
that the entity is relocating its spec-
trum 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 
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areas where the eligible Federal entity 
does not use such frequencies; 
‘‘(III) that the eligible Federal 
entity will, during the transition pe-
riod, make itself available for negotia-
tion 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 pe-
riod, make available to a non-Federal 
user with appropriate security clear-
ances any classified information (as 
defined in section 798(b) of title 18, 
United States Code) regarding the re-
location process, on a need-to-know 
basis, to assist the non-Federal user 
in the relocation process with such eli-
gible Federal entity or other eligible 
Federal entities. 
‘‘(C) APPLICABILITY TO CERTAIN COSTS.— 
‘‘(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 
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the 
date 
of 
the 
enactment 
of 
the 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011. 
‘‘(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 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011. 
‘‘(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 depos-
ited 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 rever-
sion of such funds, the Director of OMB, in con-
sultation with the NTIA, notifies the congressional 
committees described in paragraph (2)(C) that such 
funds are needed to complete or to implement cur-
rent or future relocation or sharing arrangements.’’; 
(4) in subsection (e)— 
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(A) in paragraph (1)(B)— 
(i) in clause (i), by striking ‘‘sub-
section (d)(2)(A)’’ and inserting ‘‘sub-
section (d)(2)(B)’’; and 
(ii) in clause (ii), by striking ‘‘sub-
section (d)(2)(B)’’ and inserting ‘‘sub-
section (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 arrange-
ment by the entity’’; 
(ii) by inserting ‘‘or the implementa-
tion of such arrangement’’ after ‘‘such re-
location’’; 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 en-
actment of the Jumpstarting Opportunity with 
Broadband Spectrum Act of 2011, there are appro-
priated from the Fund and available to the Director 
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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 va-
cated 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 reallo-
cated for exclusive non-Federal use or shared 
use. 
‘‘(B) CONDITIONS.—In the case of any 
payment by the Director of OMB under sub-
paragraph (A)— 
‘‘(i) such payment shall be based on 
the market value of the eligible fre-
quencies, the timeliness with which the eli-
gible Federal entity clears its use of such 
frequencies, and the need for such fre-
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quencies in order for the entity to conduct 
its essential missions; 
‘‘(ii) the eligible Federal entity shall 
use such payment for the purposes speci-
fied in clauses (i) through (v) of section 
113(g)(3)(A) to achieve comparable capa-
bility of systems affected by the realloca-
tion 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).’’. 
SEC. 4303. NATIONAL SECURITY AND OTHER SENSITIVE IN-
FORMATION. 
Part B of title I of the National Telecommunications 
and Information Administration Organization Act (47 
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U.S.C. 921 et seq.) is amended by adding at the end the 
following: 
‘‘SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE IN-
FORMATION. 
‘‘(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 infor-
mation, 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 secu-
rity, or public safety or would jeopardize a law enforce-
ment 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 Execu-
tive 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 ap-
propriate national security stipulations but shall not be 
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disclosed to the public or provided to any unauthorized 
person through any means.’’. 
Subtitle D—Telecommunications 
Development Fund 
SEC. 4401. 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 ac-
count shall be deposited in the general 
fund of the Treasury, where such amount 
shall be dedicated for the sole purpose of 
deficit reduction.’’. 
SEC. 4402. 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 peo-
ple 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 
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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 provi-
sions 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 Treas-
ury)’’; 
(B) by striking paragraph (1); and 
(C) 
by 
redesignating 
paragraphs 
(2) 
through (4) as paragraphs (1) through (3), re-
spectively; and 
(3) in subsection (g), by striking ‘‘subsection 
(d)(2)’’ and inserting ‘‘subsection (d)(1)’’. 
TITLE V—OFFSETS 
Subtitle A—Guarantee Fees 
SEC. 5001. GUARANTEE FEES. 
Subpart A of part 2 of subtitle A of title XIII of the 
Housing and Community Development Act of 1992 is 
amended by adding after section 1326 (12 U.S.C. 4546) 
the following new section: 
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‘‘SEC. 1327. ENTERPRISE GUARANTEE FEES. 
‘‘(a) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) GUARANTEE FEE.—The term ‘guarantee 
fee’— 
‘‘(A) means a fee described in subsection 
(b); and 
‘‘(B) includes— 
‘‘(i) the guaranty fee charged by the 
Federal National Mortgage Association 
with respect to mortgage-backed securities; 
and 
‘‘(ii) the management and guarantee 
fee charged by the Federal Home Loan 
Mortgage Corporation with respect to par-
ticipation certificates. 
‘‘(2) AVERAGE FEES.—The term ‘average fees’ 
means the average contractual fee rate of single- 
family guaranty arrangements by an enterprise en-
tered into during 2011, plus the recognition of any 
up-front cash payments over an estimated average 
life, expressed in terms of basis points. Such defini-
tion shall be interpreted in a manner consistent with 
the annual report on guarantee fees by the Federal 
Housing Finance Agency. 
‘‘(b) INCREASE.— 
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‘‘(1) IN GENERAL.— 
‘‘(A) PHASED INCREASE REQUIRED.—Sub-
ject to subsection (c), the Director shall require 
each enterprise to charge a guarantee fee in 
connection with any guarantee of the timely 
payment of principal and interest on securities, 
notes, and other obligations based on or backed 
by mortgages on residential real properties de-
signed principally for occupancy of from 1 to 4 
families, consummated after the date of enact-
ment of this section. 
‘‘(B) AMOUNT.—The amount of the in-
crease required under this section shall be de-
termined by the Director to appropriately re-
flect the risk of loss, as well the cost of capital 
allocated to similar assets held by other fully 
private regulated financial institutions, but such 
amount shall be not less than an average in-
crease of 10 basis points for each origination 
year or book year above the average fees im-
posed in 2011 for such guarantees. The Direc-
tor shall prohibit an enterprise from offsetting 
the cost of the fee to mortgage originators, bor-
rowers, and investors by decreasing other 
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charges, fees, or premiums, or in any other 
manner. 
‘‘(2) AUTHORITY TO LIMIT OFFER OF GUAR-
ANTEE.—The Director shall prohibit an enterprise 
from consummating any offer for a guarantee to a 
lender for mortgage-backed securities, if— 
‘‘(A) the guarantee is inconsistent with the 
requirements of this section; or 
‘‘(B) the risk of loss is allowed to increase, 
through lowering of the underwriting standards 
or other means, for the primary purpose of 
meeting the requirements of this section. 
‘‘(3) DEPOSIT
IN
TREASURY.—To the extent 
that amounts are received from fee increases im-
posed under this section that are necessary to com-
ply with the minimum increase required by this sub-
section, such amounts shall be deposited directly into 
the United States Treasury, and shall be available 
only to the extent provided in subsequent appropria-
tions Acts. Such fees shall not be considered a reim-
bursement to the Federal Government for the costs 
or subsidy provided to an enterprise. 
‘‘(c) PHASE-IN.— 
‘‘(1) IN GENERAL.—The Director may provide 
for compliance with subsection (b) by allowing each 
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enterprise to increase the guarantee fee charged by 
the enterprise gradually over the 2-year period be-
ginning on the date of enactment of this section, in 
a manner sufficient to comply with this section. In 
determining a schedule for such increases, the Direc-
tor shall— 
‘‘(A) provide for uniform pricing among 
lenders; 
‘‘(B) provide for adjustments in pricing 
based on risk levels; and 
‘‘(C) take into consideration conditions in 
financial markets. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be interpreted to undermine the 
minimum increase required by subsection (b). 
‘‘(d) INFORMATION
COLLECTION
AND
ANNUAL 
ANALYSIS.—The Director shall require each enterprise to 
provide to the Director, as part of its annual report sub-
mitted to Congress— 
‘‘(1) a description of— 
‘‘(A) changes made to up-front fees and 
annual fees as part of the guarantee fees nego-
tiated with lenders; and 
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‘‘(B) changes to the riskiness of the new 
borrowers compared to previous origination 
years or book years; and 
‘‘(2) an assessment of how the changes in the 
guarantee fees described in paragraph (1) met the 
requirements of subsection (b). 
‘‘(e) ENFORCEMENT.— 
‘‘(1) REQUIRED ADJUSTMENTS.—Based on the 
information from subsection (d) and any other infor-
mation the Director deems necessary, the Director 
shall require an enterprise to make adjustments in 
its guarantee fee in order to be in compliance with 
subsection (b). 
‘‘(2) NONCOMPLIANCE
PENALTY.—An enter-
prise that has been found to be out of compliance 
with subsection (b) for any 2 consecutive years shall 
be precluded from providing any guarantee for a pe-
riod, determined by rule of the Director, but in no 
case less than 1 year. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be interpreted as preventing the 
Director from initiating and implementing an en-
forcement action against an enterprise, at a time the 
Director deems necessary, under other existing en-
forcement authority. 
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‘‘(f) AUTHORITY FOR OTHER INCREASES.—Nothing 
in this section may be construed to prohibiting, restricting, 
or limiting increases, other than pursuant to this section, 
in the guarantee fees charged by an enterprise. 
‘‘(g) EXPIRATION.—The provisions of this section 
shall expire on October 1, 2021.’’. 
Subtitle B—Social Security 
Provisions 
SEC. 5101. INFORMATION FOR ADMINISTRATION OF SOCIAL 
SECURITY PROVISIONS RELATED TO NON-
COVERED EMPLOYMENT. 
(a) COLLECTION.—Subsection (d) of section 6047 of 
the Internal Revenue Code of 1986 is amended by redesig-
nating paragraph (2) as paragraph (3) and by inserting 
after paragraph (1) the following new paragraph: 
‘‘(2) DEFERRED COMPENSATION PLANS OF A 
STATE.— 
‘‘(A) IN GENERAL.—In the case of any em-
ployer deferred compensation plan (as defined 
in section 3405(e)(5)) of a State, a political 
subdivision thereof, or any agency or instru-
mentality of any of the foregoing, the Secretary 
shall in such forms or regulations require, to 
the extent such information is known or should 
be known, the identification of any designated 
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distribution (as defined in section 3405(e)(1)) if 
paid to any participant or beneficiary of such 
plan based in whole or in part upon an individ-
ual’s earnings for service in the employ of any 
such governmental entity. 
‘‘(B) STATE.—For purposes of subpara-
graph (A), the term ‘State’ includes the District 
of Columbia, the Commonwealth or Puerto 
Rico, the Virgin Island, Guam, and American 
Samoa.’’. 
(b) DISCLOSURE.—Paragraph (1) of section 6103(l) 
of such Code is amended by striking ‘‘and’’ at the end 
of subparagraph (B), by striking the period at the end 
of subparagraph (C) and inserting ‘‘; and’’, and by adding 
at the end the following: 
‘‘(D) any designated distribution described 
in section 6047(d)(2) to the Social Security Ad-
ministration for purposes of its administration 
of the Social Security Act.’’. 
(c) EFFECTIVE DATES.— 
(1) SUBSECTION (a).—The amendments made 
by subsection (a) shall apply to distributions made 
after December 31, 2012. 
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(2) SUBSECTION (b).—The amendment made 
by subsection (b) shall apply to disclosures made 
after December 31, 2012. 
Subtitle C—Child Tax Credit 
SEC. 5201. SOCIAL SECURITY NUMBER REQUIRED TO 
CLAIM THE REFUNDABLE PORTION OF THE 
CHILD TAX CREDIT. 
(a) IN GENERAL.—Subsection (d) of section 24 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(5) IDENTIFICATION REQUIREMENT WITH RE-
SPECT TO TAXPAYER.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any taxpayer for any taxable year 
unless the taxpayer includes the taxpayer’s So-
cial Security number on the return of tax for 
such taxable year. 
‘‘(B) JOINT RETURNS.—In the case of a 
joint return, the requirement of subparagraph 
(A) shall be treated as met if the Social Secu-
rity number of either spouse is included on such 
return.’’. 
(b) OMISSION TREATED
AS MATHEMATICAL
OR 
CLERICAL
ERROR.—Subparagraph 
(I) 
of 
section 
6213(g)(2) of such Code is amended to read as follows: 
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‘‘(I) an omission of a correct Social Secu-
rity number required under section 24(d)(5) 
(relating to refundable portion of child tax cred-
it), or a correct TIN under section 24(e) (relat-
ing to child tax credit), to be included on a re-
turn,’’. 
(c) CONFORMING AMENDMENT.—Subsection (e) of 
section 24 of such Code is amended by inserting ‘‘WITH 
RESPECT
TO QUALIFYING CHILDREN’’ after ‘‘IDENTI-
FICATION REQUIREMENT’’ in the heading thereof. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
Subtitle D—Eliminating Taxpayer 
Benefits for Millionaires 
SEC. 5301. ENDING UNEMPLOYMENT AND SUPPLEMENTAL 
NUTRITION ASSISTANCE PROGRAM BENEFITS 
FOR MILLIONAIRES. 
(a) ENDING UNEMPLOYMENT BENEFITS FOR MIL-
LIONAIRES.— 
(1) IN GENERAL.—Subtitle E of the Internal 
Revenue Code of 1986 is amended by adding at the 
end the following new chapter: 
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‘‘CHAPTER 56—EXCESS UNEMPLOYMENT 
COMPENSATION 
‘‘Sec. 5895. Excess unemployment compensation. 
‘‘SEC. 5895. EXCESS UNEMPLOYMENT COMPENSATION. 
‘‘(a) IMPOSITION OF TAX.—There is hereby imposed 
a tax equal to 100 percent of the excess unemployment 
compensation received by a taxpayer in any taxable year. 
‘‘(b) EXCESS UNEMPLOYMENT COMPENSATION.— 
For purposes of this section, the term ‘excess unemploy-
ment compensation’ means, with respect to any State, the 
amount which bears the same ratio (not to exceed 1) to 
the amount of unemployment compensation received by 
the taxpayer from such State in the taxable year as— 
‘‘(1) the excess of— 
‘‘(A) the taxpayer’s adjusted gross income 
for such taxable year, over 
‘‘(B) $750,000 ($1,500,000 in the case of 
a joint return), bears to 
‘‘(2) $250,000 ($500,000 in the case of a joint 
return). 
‘‘(c) ADDITIONAL DEFINITIONS.—For purposes of 
this section— 
‘‘(1) ADJUSTED GROSS INCOME.—The term ‘ad-
justed gross income’ has the meaning given such 
term by section 62. 
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‘‘(2) UNEMPLOYMENT
COMPENSATION.—The 
term ‘unemployment compensation’ has the meaning 
given such term by section 85(b). 
‘‘(d) ADMINISTRATIVE PROVISIONS.—For purposes 
of the deficiency procedures of subtitle F, any tax imposed 
by this section shall be treated as a tax imposed by subtitle 
A. 
‘‘(e) TRANSFER OF TAX RECEIPTS.—With respect to 
excess unemployment compensation received by any tax-
payer from a State, there is hereby appropriated to the 
unemployment fund (as defined in section 3306(f)) of such 
State, an amount equal to the amount of the tax imposed 
under subsection (a) on such excess unemployment com-
pensation received in the Treasury.’’. 
(2) TAX NOT DEDUCTIBLE.—Section 275(a) of 
the Internal Revenue Code of 1986 is amended by 
inserting after paragraph (6) the following new 
paragraph: 
‘‘(7) Tax imposed by section 5895.’’. 
(3) CLERICAL
AMENDMENT.—The table of 
chapters for subtitle E of the Internal Revenue Code 
of 1986 is amended by adding at the end the fol-
lowing new item: 
‘‘CHAPTER 56—EXCESS UNEMPLOYMENT COMPENSATION’’. 
(4) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply to unemployment com-
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pensation received in taxable years beginning after 
December 31, 2011. 
(b) ENDING SUPPLEMENTAL NUTRITION ASSIST-
ANCE PROGRAM BENEFITS FOR MILLIONAIRES.— 
(1) IN GENERAL.—Section 6 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2015) is amended 
by adding at the end the following: 
‘‘(r) DISQUALIFICATION FOR RECEIPT OF ASSETS OF 
AT LEAST $1,000,000.—Any household in which a mem-
ber receives income or assets with a fair market value of 
at least $1,000,000 shall, immediately on the receipt of 
the assets, become ineligible for further participation in 
the program until the date on which the household meets 
the income eligibility and allowable financial resources 
standards under section 5.’’. 
(2) CONFORMING AMENDMENTS.—Section 5(a) 
of the Food and Nutrition Act of 2008 (7 U.S.C. 
2014(a)) is amended in the second sentence by strik-
ing ‘‘sections 6(b), 6(d)(2), and 6(g)’’ and inserting 
‘‘subsections (b), (d)(2), (g), and (r) of section 6’’. 
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Subtitle E—Federal Civilian 
Employees 
PART 1—RETIREMENT ANNUITIES 
SEC. 5401. SHORT TITLE. 
This part may be cited as the ‘‘Securing Annuities 
for Federal Employees Act of 2011’’. 
SEC. 5402. RETIREMENT CONTRIBUTIONS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.— 
(1) 
INDIVIDUAL
CONTRIBUTIONS.—Section 
8334(a)(1)(A) of title 5, United States Code, is 
amended— 
(A) by striking ‘‘(a)(1)(A) The’’ and in-
serting ‘‘(a)(1)(A)(i) Except as provided in 
clause (ii), the’’; and 
(B) by adding at the end the following: 
‘‘(ii) The percentage of basic pay to be deducted and 
withheld under clause (i) shall— 
‘‘(I) for each of calendar years 2013, 2014, and 
2015, be equal to the percentage that applied in the 
preceding calendar year (as increased under this 
subclause, if applicable), plus an additional 0.5 per-
centage point; and 
‘‘(II) for each calendar year after 2015, be 
equal to the applicable percentage for calendar year 
2015 (as determined under subclause (I)).’’. 
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(2) GOVERNMENT
CONTRIBUTIONS.—Section 
8334(a)(1)(B) of title 5, United States Code, is 
amended— 
(A) in clause (i), by striking ‘‘Except as 
provided in clause (ii),’’ and inserting ‘‘Except 
as provided in clause (ii) or (iii),’’; and 
(B) by adding at the end the following: 
‘‘(iii) The amount to be contributed under clause (i) 
shall, with respect to a period in any calendar year speci-
fied in subparagraph (A)(ii), be equal to— 
‘‘(I) the amount that would otherwise apply 
under clause (i), reduced by 
‘‘(II) the amount by which the withholding 
under subparagraph (A) exceeds the amount which 
would (but for clause (ii) of such subparagraph) oth-
erwise have been withheld under such subparagraph 
from the basic pay of the employee or elected official 
involved with respect to such period.’’. 
(3) OFFSET RULE.—Section 8334(k) of title 5, 
United States Code, is amended by adding at the 
end the following: 
‘‘(5) This subsection shall be applied in a manner 
consistent with subsections (a)(1)(A)(ii) and (a)(1)(B)(iii) 
of section 8334.’’. 
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(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8422(a) of title 5, United States Code, is amend-
ed— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2).’’ and inserting ‘‘this subsection.’’; and 
(2) by adding at the end the following: 
‘‘(4) Notwithstanding any other provision of this sub-
section, the percentage to be deducted and withheld under 
this subsection shall— 
‘‘(A) for each of calendar years 2013, 2014, 
and 2015, be equal to the percentage that applied in 
the preceding calendar year under this subsection 
(including this subparagraph, if applicable), plus an 
additional 0.5 percentage point; and 
‘‘(B) for each calendar year after 2015, be 
equal to the applicable percentage for calendar year 
2015 (as determined under subparagraph (A)).’’. 
(c) FOREIGN SERVICE.—For provisions of law requir-
ing maintenance of existing conformity— 
(1) between the Civil Service Retirement Sys-
tem and the Foreign Service Retirement System, 
and 
(2) between the Federal Employees’ Retirement 
System and the Foreign Service Pension System, 
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see section 827 of the Foreign Service Act of 1980 (22 
U.S.C. 4067). 
(d) CIARDS.— 
(1) COMPATIBILITY WITH CSRS.—In order to 
carry out the purposes of this section with respect 
to the Central Intelligence Agency Retirement and 
Disability System, the authority under section 292 
of the Central Intelligence Agency Retirement Act 
(50 U.S.C. 2141) shall be applied. 
(2) APPLICABILITY OF FERS.—For provisions 
of law providing for the application of the Federal 
Employees’ Retirement System with respect to em-
ployees of the Central Intelligence Agency, see title 
III of the Central Intelligence Agency Retirement 
Act (50 U.S.C. 2151 and following). 
(e) TVA.—Section 3 of the Tennessee Valley Author-
ity Act of 1933 (16 U.S.C. 831b) is amended by adding 
at the end the following: 
‘‘(c) The chief executive officer shall prescribe any 
regulations which may be necessary in order to carry out 
the purposes of the Securing Annuities for Federal Em-
ployees Act of 2011 with respect to any defined benefit 
plan covering employees of the Tennessee Valley Author-
ity.’’. 
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SEC. 5403. AMENDMENTS RELATING TO SECURE ANNUITY 
EMPLOYEES. 
(a) DEFINITION OF SECURE ANNUITY EMPLOYEE.— 
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 ‘secure annuity employee’ means 
an employee or Member who— 
‘‘(A) first becomes subject to this chapter 
after December 31, 2012; and 
‘‘(B) at the time of first becoming subject 
to this chapter, does not have at least 5 years 
of civilian service creditable under the Civil 
Service Retirement System or any other retire-
ment system for Government employees.’’. 
(b) INDIVIDUAL CONTRIBUTIONS.—Section 8422(a) 
of title 5, United States Code (as amended by section 
2(b)) is further amended— 
(1) in paragraph (4) (as added by section 2(b)), 
in the matter before subparagraph (A), by inserting 
‘‘and except in the case of a secure annuity em-
ployee,’’ after ‘‘this subsection’’; and 
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(2) by adding after paragraph (4) (as so added) 
the following: 
‘‘(5) Notwithstanding any other provision of this sub-
section, in the case of a secure annuity employee, the per-
centage to be deducted and withheld shall be computed 
under paragraphs (1) through (3), except that the applica-
ble percentage under paragraph (3) for civilian service 
shall— 
‘‘(A) in the case of a secure annuity employee 
who is an employee, be equal to 10.2 percent; and 
‘‘(B) in the case of a secure annuity employee 
who is not subject to subparagraph (A), 10.7 per-
cent.’’. 
(c) AVERAGE PAY.—Section 8401(3) of title 5, 
United States Code, is amended— 
(1) by striking ‘‘(3)’’ and inserting ‘‘(3)(A)’’; 
and 
(2) by adding ‘‘except that’’ after the semicolon; 
and 
(3) by adding at the end the following: 
‘‘(B) in the case of a secure annuity employee, 
the term ‘average pay’ has the meaning determined 
applying subparagraph (A)— 
‘‘(i) by substituting ‘5 consecutive years’ 
for ‘3 consecutive years’; and 
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‘‘(ii) by substituting ‘5 years’ for ‘3 
years’.’’. 
(d) COMPUTATION
OF BASIC ANNUITY.—Section 
8415 of title 5, United States Code, is amended— 
(1) by striking subsections (a) through (e) and 
inserting the following: 
‘‘(a) Except as otherwise provided in this section, the 
annuity of an employee retiring under this subchapter is— 
‘‘(1) except as provided under paragraph (2), 1 
percent of that individual’s average pay multiplied 
by such individual’s total service; or 
‘‘(2) in the case of a secure annuity employee, 
0.7 percent of that individual’s average pay multi-
plied by such individual’s total service. 
‘‘(b) The annuity of a Member, or former Member 
with title to a Member annuity, retiring under this sub-
chapter is computed under subsection (a), except that if 
the individual has had at least 5 years of service as a 
Member or Congressional employee, or any combination 
thereof, so much of the annuity as is computed with re-
spect to either such type of service (or a combination 
thereof), not exceeding a total of 20 years, shall be com-
puted— 
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‘‘(1) except as provided under paragraph (2), 
by multiplying 1.7 percent of the individual’s aver-
age pay by the years of such service; or 
‘‘(2) in the case of an individual who is a secure 
annuity employee, by multiplying 1.4 percent of the 
individual’s average pay by the years of such service. 
‘‘(c) The annuity of a Congressional employee, or 
former Congressional employee, retiring under this sub-
chapter is computed under subsection (a), except that if 
the individual has had at least 5 years of service as a Con-
gressional employee or Member, or any combination there-
of, so much of the annuity as is computed with respect 
to either such type of service (or a combination thereof), 
not exceeding a total of 20 years, shall be computed— 
‘‘(1) except as provided under paragraph (2), 
by multiplying 1.7 percent of the individual’s aver-
age pay by the years of such service; or 
‘‘(2) in the case of an individual who is a secure 
annuity employee, by multiplying 1.4 percent of the 
individual’s average pay by the years of such service. 
‘‘(d) The annuity of an employee retiring under sub-
section (d) or (e) of section 8412 or under subsection (a), 
(b), or (c) of section 8425 is— 
‘‘(1) except as provided under paragraph (2)— 
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‘‘(A) 1.7 percent of that individual’s aver-
age pay multiplied by so much of such individ-
ual’s total service as does not exceed 20 years; 
plus 
‘‘(B) 1 percent of that individual’s average 
pay multiplied by so much of such individual’s 
total service as exceeds 20 years; or 
‘‘(2) in the case of an individual who is a secure 
annuity employee— 
‘‘(A) 1.4 percent of that individual’s aver-
age pay multiplied by so much of such individ-
ual’s total service as does not exceed 20 years; 
plus 
‘‘(B) 0.7 percent of that individual’s aver-
age pay multiplied by so much of such individ-
ual’s total service as exceeds 20 years. 
‘‘(e) The annuity of an air traffic controller or former 
air traffic controller retiring under section 8412(a) is com-
puted under subsection (a), except that if the individual 
has had at least 5 years of service as an air traffic con-
troller as defined by section 2109(1)(A)(i), so much of the 
annuity as is computed with respect to such type of service 
shall be computed— 
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‘‘(1) except as provided under paragraph (2), 
by multiplying 1.7 percent of the individual’s aver-
age pay by the years of such service; or 
‘‘(2) in the case of an individual who is a secure 
annuity employee, by multiplying 1.4 percent of the 
individual’s average pay by the years of such serv-
ice.’’; and 
(2) in subsection (h)— 
(A) in paragraph (1), by striking ‘‘sub-
section (a)’’ and inserting ‘‘subsection (a)(1)’’; 
and 
(B) in paragraph (2), in the matter fol-
lowing subparagraph (B), by striking ‘‘or cus-
toms and border protection officer’’ and insert-
ing ‘‘customs and border protection officer, or 
secure annuity employee.’’. 
SEC. 5404. ANNUITY SUPPLEMENT. 
Section 8421(a) of title 5, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraphs (3) and (4)’’; 
(2) in paragraph (2), by striking ‘‘paragraph 
(3)’’ and inserting ‘‘paragraphs (3) and (4)’’; and 
(3) by adding at the end the following: 
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‘‘(4)(A) Except as provided in subparagraph (B), no 
annuity supplement under this section shall be payable in 
the case of an individual whose entitlement to annuity is 
based on such individual’s separation from service after 
December 31, 2012. 
‘‘(B) Nothing in this paragraph applies in the case 
of an individual separating under subsection (d) or (e) of 
section 8412.’’. 
PART 2—FEDERAL WORKFORCE 
SEC. 5421. EXTENSION OF PAY LIMITATION FOR FEDERAL 
EMPLOYEES. 
(a) IN GENERAL.—Section 147 of the Continuing 
Appropriations Act, 2011 (Public Law 111–242), as 
amended by section 1(a) of the Continuing Appropriations 
and Surface Transportation Extensions Act, 2011 (Public 
Law 111–322; 124 Stat. 3518), is further amended— 
(1) in subsection (b)(1), by striking ‘‘December 
31, 2012’’ and inserting ‘‘December 31, 2013’’; and 
(2) in subsection (c), by striking ‘‘December 31, 
2012’’ and inserting ‘‘December 31, 2013’’. 
(b) APPLICATION TO LEGISLATIVE BRANCH.— 
(1) MEMBERS OF CONGRESS.—The extension of 
the pay limit for Federal employees through Decem-
ber 31, 2013, as established pursuant to the amend-
ments made by subsection (a), shall apply to Mem-
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bers of Congress in accordance with section 601(a) 
of the Legislative Reorganization Act of 1946 (2 
U.S.C. 31). 
(2) OTHER
LEGISLATIVE
BRANCH
EMPLOY-
EES.— 
(A) LIMIT IN PAY.—Notwithstanding any 
other provision of law, no cost of living adjust-
ment required by statute with respect to a legis-
lative branch employee which (but for this sub-
paragraph) would otherwise take effect during 
the period beginning on the date of enactment 
of this Act and ending on December 31, 2013, 
shall be made. 
(B) DEFINITION.—In this paragraph, the 
term ‘‘legislative branch employee’’ means— 
(i) an employee of the Federal Gov-
ernment whose pay is disbursed by the 
Secretary of the Senate or the Chief Ad-
ministrative Officer of the House of Rep-
resentatives; and 
(ii) an employee of any office of the 
legislative branch who is not described in 
clause (i). 
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SEC. 5422. REDUCTION OF DISCRETIONARY SPENDING LIM-
ITS TO ACHIEVE SAVINGS FROM FEDERAL 
EMPLOYEE PROVISIONS. 
Section 251(c) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 is amended to read as 
follows: 
‘‘(c) DISCRETIONARY SPENDING LIMIT.—As used in 
this part, the term ‘discretionary spending limit’ means— 
‘‘(1) with respect to fiscal year 2013— 
‘‘(A) 
for 
the 
security 
category, 
$685,000,000,000 in new budget authority; and 
‘‘(B) 
for 
the 
nonsecurity 
category, 
$359,000,000,000 in new budget authority; 
‘‘(2) with respect to fiscal year 2014, for the 
discretionary category, $1,063,000,000,000 in new 
budget authority; 
‘‘(3) with respect to fiscal year 2015, for the 
discretionary category, $1,083,000,000,000 in new 
budget authority; 
‘‘(4) with respect to fiscal year 2016, for the 
discretionary category, $1,104,000,000,000 in new 
budget authority; 
‘‘(5) with respect to fiscal year 2017, for the 
discretionary category, $1,128,000,000,000 in new 
budget authority; 
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‘‘(6) with respect to fiscal year 2018, for the 
discretionary category, $1,153,000,000,000 in new 
budget authority; 
‘‘(7) with respect to fiscal year 2019, for the 
discretionary category, $1,178,000,000,000 in new 
budget authority; 
‘‘(8) with respect to fiscal year 2020, for the 
discretionary category, $1,204,000,000,000 in new 
budget authority; and 
‘‘(9) with respect to fiscal year 2021, for the 
discretionary category, $1,230,000,000,000 in new 
budget authority; 
as adjusted in strict conformance with subsection (b).’’. 
SEC. 
5423. 
REDUCTION 
OF 
REVISED 
DISCRETIONARY 
SPENDING 
LIMITS 
TO 
ACHIEVE 
SAVINGS 
FROM FEDERAL EMPLOYEE PROVISIONS. 
Paragraph (2) of section 251A of the Balanced Budg-
et and Emergency Deficit Control Act of 1985 is amended 
to read as follows: 
‘‘(2) REVISED DISCRETIONARY SPENDING LIM-
ITS.—The discretionary spending limits for fiscal 
years 2013 through 2021 under section 251(c) shall 
be replaced with the following: 
‘‘(A) For fiscal year 2013— 
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‘‘(i) 
for 
the 
security 
category, 
$546,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$499,000,000,000 in budget authority. 
‘‘(B) For fiscal year 2014— 
‘‘(i) 
for 
the 
security 
category, 
$556,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$507,000,000,000 in budget authority. 
‘‘(C) For fiscal year 2015— 
‘‘(i) 
for 
the 
security 
category, 
$566,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$517,000,000,000 in budget authority. 
‘‘(D) For fiscal year 2016— 
‘‘(i) 
for 
the 
security 
category, 
$577,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$527,000,000,000 in budget authority. 
‘‘(E) For fiscal year 2017— 
‘‘(i) 
for 
the 
security 
category, 
$590,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$538,000,000,000 in budget authority. 
‘‘(F) For fiscal year 2018— 
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‘‘(i) 
for 
the 
security 
category, 
$603,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$550,000,000,000 in budget authority. 
‘‘(G) For fiscal year 2019— 
‘‘(i) 
for 
the 
security 
category, 
$616,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$562,000,000,000 in budget authority. 
‘‘(H) For fiscal year 2020— 
‘‘(i) 
for 
the 
security 
category, 
$630,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$574,000,000,000 in budget authority. 
‘‘(I) For fiscal year 2021— 
‘‘(i) 
for 
the 
security 
category, 
$644,000,000,000 in budget authority; and 
‘‘(ii) for the nonsecurity category, 
$586,000,000,000 in budget authority.’’. 
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Subtitle F—Health Care Provisions 
SEC. 5501. INCREASE IN APPLICABLE PERCENTAGE USED 
TO CALCULATE MEDICARE PART B AND PART 
D 
PREMIUMS 
FOR 
HIGH-INCOME 
BENE-
FICIARIES. 
(a) IN GENERAL.—Section 1839(i)(3)(C)(i) of the 
Social Security Act (42 U.S.C. 1395r(i)(3)(C)(i)) is 
amended— 
(1) by striking ‘‘IN GENERAL.—’’ and inserting 
‘‘IN
GENERAL.—(I) For calendar years prior to 
2017:’’; and 
(2) by adding at the end the following new sub-
clause: 
‘‘(II) For calendar year 2017 and 
each subsequent calendar year: 
‘‘If the modified adjusted gross is: 
The applicable percentage 
is: 
More than $80,000 but not more than 
$100,000.
40.25 percent 
More than $100,000 but not more than 
$150,000.
57.5 percent 
More than $150,000 but not more than 
$200,000.
74.75 percent 
More than $200,000 ...................................
90 percent.’’. 
(b) 
CONFORMING
AMENDMENT.—Section 
1839(i)(3)(A)(i) of the Social Security Act (42 U.S.C. 
1395r(i)(3)(A)(i)) is amended, by inserting ‘‘and year’’ 
after ‘‘individual’’. 
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SEC. 5502. TEMPORARY ADJUSTMENT TO THE CALCULA-
TION OF MEDICARE PART B AND PART D PRE-
MIUMS. 
(a) IN GENERAL.—Section 1839(i)(6) of the Social 
Security Act (42 U.S.C. 1395r(i)(6)) is amended in the 
matter preceding subparagraph (A) by striking ‘‘Decem-
ber 31, 2019’’ and inserting ‘‘December 31 of the first 
year after the year in which at least 25 percent of individ-
uals enrolled under this part are subject to a reduction 
under this subsection to the monthly amount of the pre-
mium subsidy applicable to the premium under this sec-
tion.’’. 
(b) APPLICATION
OF INFLATION ADJUSTMENT.— 
Section 1839(i)(5) of the Social Security Act (42 U.S.C. 
1395r(i)(5)) is amended— 
(1) in subparagraph (A), by striking ‘‘In the 
case’’ and inserting ‘‘Subject to subparagraph (C), 
in the case’’; and 
(2) by adding at the end the following new sub-
paragraph: 
‘‘(C) TREATMENT OF YEARS AFTER TEM-
PORARY
ADJUSTMENT
PERIOD.—In applying 
subparagraph (A) for the first year beginning 
after the period described in paragraph (6) and 
for each subsequent year, the 12-month period 
ending with August 2006 described in clause 
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(ii) of such subparagraph shall be deemed to be 
the 12-month period ending with August of the 
last year of such period described in paragraph 
(6).’’. 
TITLE VI—MISCELLANEOUS 
PROVISIONS 
SEC. 6001. 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 pro-
vision of law) shall not apply with respect to any install-
ment 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 Re-
store 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 State-Panama 
Trade Promotion Agreement Implementation Act. 
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SEC. 6002. REPEAL OF REQUIREMENT RELATING TO TIME 
FOR 
REMITTING 
CERTAIN 
MERCHANDISE 
PROCESSING FEES. 
(a) REPEAL.—The Trade Adjustment Assistance Ex-
tension 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. 6003. POINTS OF ORDER IN THE SENATE. 
(a) POINT OF ORDER TO PROTECT THE SOCIAL SE-
CURITY TRUST FUND.— 
(1) Notwithstanding any other provision of law, 
it shall not be in order in the Senate to consider any 
measure that extends the dates referenced in section 
601(c) of the Tax Relief, Unemployment Insurance 
Reauthorization, and Job Creation Act of 2010 (26 
U.S.C. 1401 note). 
(2) The provisions of this subsection may be 
waived in the Senate only by the affirmative vote of 
two-thirds of the Members, duly chosen and sworn. 
(b) POINT OF ORDER AGAINST AN EMERGENCY DES-
IGNATION.—Section 314 of the Congressional Budget Act 
of 1974 is amended by— 
(1) redesignating subsection (e) as subsection 
(f); and 
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(2) inserting after subsection (d) the following: 
‘‘(e) SENATE POINT OF ORDER AGAINST AN EMER-
GENCY DESIGNATION.— 
‘‘(1) IN GENERAL.—When the Senate is consid-
ering a bill, resolution, amendment, motion, amend-
ment between the Houses, or conference report, if a 
point of order is made by a Senator against an 
emergency designation in that measure, that provi-
sion making such a designation shall be stricken 
from the measure and may not be offered as an 
amendment from the floor. 
‘‘(2) SUPERMAJORITY WAIVER AND APPEALS.— 
‘‘(A) WAIVER.—Paragraph (1) may be 
waived or suspended in the Senate only by an 
affirmative vote of three-fifths of the Members, 
duly chosen and sworn. 
‘‘(B) APPEALS.—Appeals in the Senate 
from the decisions of the Chair relating to any 
provision of this subsection shall be limited to 
1 hour, to be equally divided between, and con-
trolled by, the appellant and the manager of the 
bill or joint resolution, as the case may be. An 
affirmative vote of three-fifths of the Members 
of the Senate, duly chosen and sworn, shall be 
required to sustain an appeal of the ruling of 
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the Chair on a point of order raised under this 
subsection. 
‘‘(3) DEFINITION OF AN EMERGENCY DESIGNA-
TION.—For purposes of paragraph (1), a provision 
shall be considered an emergency designation if it 
designates 
any 
item 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emer-
gency Deficit Control Act of 1985. 
‘‘(4) FORM OF THE POINT OF ORDER.—A point 
of order under paragraph (1) may be raised by a 
Senator as provided in section 313(e) of the Con-
gressional Budget Act of 1974. 
‘‘(5) CONFERENCE REPORTS.—When the Sen-
ate is considering a conference report on, or an 
amendment between the Houses in relation to, a bill, 
upon a point of order being made by any Senator 
pursuant to this section, and such point of order 
being sustained, such material contained in such 
conference report shall be deemed stricken, and the 
Senate shall proceed to consider the question of 
whether the Senate shall recede from its amendment 
and concur with a further amendment, or concur in 
the House amendment with a further amendment, 
as the case may be, which further amendment shall 
consist of only that portion of the conference report 
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