1731 
‘‘(A) use the excess to satisfy any out-
standing liabilities for cancelled agreements or 
contracts; or 
‘‘(B) if there are no outstanding liabilities 
described in subparagraph (A), apply the excess 
to other authorized stewardship projects.’’. 
SEC. 206. SUBMISSION OF EXISTING ANNUAL REPORT. 
Subsection (j) of section 604 of the Healthy Forests 
Restoration Act of 2003 (16 U.S.C. 6591c) (as redesignated 
by section 204 of this Act), is amended by striking ‘‘report 
to the Committee on Agriculture, Nutrition, and Forestry 
of the Senate and the Committee on Agriculture of the 
House of Representatives’’ and inserting ‘‘submit to the con-
gressional committees described in subsection (h)(2) a re-
port’’. 
SEC. 207. 20-YEAR STEWARDSHIP CONTRACTING. 
(a) IN GENERAL.—The Secretary of Agriculture and 
the Secretary of the Interior may award contracts or agree-
ments under section 604 of the Healthy Forests Restoration 
Act of 2003 (16 U.S.C. 6511), for terms not to exceed 20 
years on areas where the majority of Federal lands are in 
Fire Regime Groups I, II, or III. 
(b) PREFERENCE.—In awarding a contract under this 
section, the Secretary concerned may, notwithstanding the 
Federal Acquisition Regulations, give a procurement pref-
1732 
erence to a contractor that would, as part of the contract, 
promote an innovative use of forest products, including 
cross-laminated timber. 
SEC. 208. CONSULTATION UNDER FOREST AND RANGELAND 
RENEWABLE RESOURCES PLANNING ACT OF 
1974. 
(a) CONSULTATION REGARDING LAND MANAGEMENT 
PLANS.—Section 6(d) of the Forest and Rangeland Renew-
able Resources Planning Act of 1974 (16 U.S.C. 1604(d)) 
is amended— 
(1) by striking ‘‘(d) The Secretary’’ and insert-
ing the following: 
‘‘(d) PUBLIC PARTICIPATION AND CONSULTATION.— 
‘‘(1) IN GENERAL.—The Secretary’’; and 
(2) by adding at the end the following: 
‘‘(2) NO ADDITIONAL CONSULTATION REQUIRED 
AFTER APPROVAL OF LAND MANAGEMENT PLANS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), notwithstanding any other 
provision of law, the Secretary shall not be re-
quired to engage in consultation under this sec-
tion or any other provision of law (including 
section 7 of Public Law 93–205 (16 U.S.C. 1536) 
and section 402.16 of title 50, Code of Federal
1733 
Regulations (or a successor regulation)) with re-
spect to— 
‘‘(i) the listing of a species as threat-
ened or endangered, or a designation of crit-
ical habitat pursuant to Public Law 93–205 
(16 U.S.C. 1531 et seq.), if a land manage-
ment plan has been adopted by the Sec-
retary as of the date of listing or designa-
tion; and 
‘‘(ii) any provision of a land manage-
ment plan adopted as described in clause 
(i). 
‘‘(B) EXCEPTION.—Subparagraph (A) shall 
not apply if— 
‘‘(i) 15 years have passed since the 
date on which the Secretary adopted the 
land management plan described in clause 
(i) of that subparagraph; and 
‘‘(ii) 5 years have passed since the date 
of enactment of this section or the date of 
the listing of a species as threatened or en-
dangered for a species known to occur on 
the unit or the designation of critical habi-
tat within the unit as described in clause 
(i) of that subparagraph, whichever is later.
1734 
‘‘(C) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph affects any applicable require-
ment of the Secretary to consult with the head of 
any other Federal department or agency— 
‘‘(i) regarding any project carried out, 
or proposed to be carried out, to implement 
a land management plan pursuant to Pub-
lic Law 93–205 (16 U.S.C. 1531 et seq.), 
including any requirement to consult re-
garding the consideration of cumulative im-
pacts of completed, ongoing, and planned 
projects; or 
‘‘(ii) with respect to— 
‘‘(I) the development of a modi-
fication to a land management plan; 
or 
‘‘(II) an amendment or revision 
to a land management plan in accord-
ance with paragraph (4) or (5) of sub-
section (f).’’. 
(b) DEFINITION OF SECRETARY; CONFORMING AMEND-
MENTS.— 
(1) DEFINITION OF SECRETARY.—Section 3(a) of 
the Forest and Rangeland Renewable Resources Plan-
ning Act of 1974 (16 U.S.C. 1601(a)) is amended, in
1735 
the first sentence of the matter preceding paragraph 
(1), by inserting ‘‘(referred to in this Act as the ‘Sec-
retary’)’’ after ‘‘Secretary of Agriculture’’. 
(2) CONFORMING AMENDMENTS.—The Forest and 
Rangeland Renewable Resources Planning Act of 
1974 (16 U.S.C. 1600 et seq.) is amended, in sections 
4 through 9, 12, 13, and 15, by striking ‘‘Secretary 
of Agriculture’’ each place it appears and inserting 
‘‘Secretary’’. 
SEC. 209. OREGON AND CALIFORNIA RAILROAD REVESTED 
LANDS AND COOS BAY WAGON ROAD RECON-
VEYED LANDS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, with respect to the Oregon and California Rail-
road grant land revested in the United States by the Act 
of June 9, 1916 (39 Stat. 218, chapter 137), and the Coos 
Bay Wagon Road grant land reconveyed to the United 
States by the first section of the Act of February 26, 1919 
(40 Stat. 1179, chapter 47), that is managed under the Act 
of August 28, 1937 (43 U.S.C. 2601 et seq.), the Secretary 
of the Interior, acting through the Director of the Bureau 
of Land Management, shall not be required to engage in 
consultation under any law (including section 7 of Public 
Law 93–205 (16 U.S.C. 1536) and section 402.16 of title
1736 
50, Code of Federal Regulations (or a successor regulation)), 
with respect to— 
(1) the listing of a species as threatened or en-
dangered, or a designation of critical habitat, pursu-
ant to Public Law 93–205 (16 U.S.C. 1531 et seq.), 
if a land use plan has been adopted by the Secretary 
of the Interior as of the date of listing or designation; 
and 
(2) any provision of a land use plan adopted as 
described in paragraph (1). 
(b) EFFECT OF SECTION.—Nothing in this section af-
fects any applicable requirement of the Secretary of the In-
terior to consult with the head of any other Federal depart-
ment or agency— 
(1) regarding a project carried out, or proposed 
to be carried out, pursuant to Public Law 93–205 (16 
U.S.C. 1531 et seq.), including any requirement to 
consult regarding the consideration of the cumulative 
impacts of completed, ongoing, and planned projects; 
or 
(2) with respect to the development of a new 
land use plan or the revision of or other significant 
change to an existing land use plan.
1737 
SEC. 210. WILDFIRE HAZARD SEVERITY MAPPING FOR COM-
MUNITIES. 
(a) MAP REQUIRED.—Not later than 2 years after the 
date of the enactment of this section, the Secretary of Agri-
culture, acting through the Chief of the Forest Service, 
shall— 
(1) develop and publish a geospatial map appro-
priate for community-level use that depicts wildfire 
hazard severity to inform at-risk communities that 
are— 
(A) adjacent to National Forest System 
lands; or 
(B) affected by wildland fire, as determined 
by the Secretary; and 
(2) disseminate the information under para-
graph (1) in an appropriate, web-based format for 
use by such communities to— 
(A) improve understanding of their risk 
profile; 
(B) clarify thinking on the nature and effect 
of wildfire risks; and 
(C) develop plans to manage and mitigate 
those risks. 
(b) PURPOSES OF MAP.—The purposes of the map re-
quired under subsection (a) are as follows: 
(1) To inform evaluations of wildfire risk.
1738 
(2) To prioritize fuels management needs. 
(3) To depict the relative potential for wildfire 
that could be difficult for suppression resources to 
contain and that could cause ignitions to structures. 
(c) CONSULTATION.—In carrying out subsection (a), 
the Secretary of Agriculture and Chief of the Forest Service 
shall consult with— 
(1) the Secretary of the Interior; 
(2) the Administrator of the Federal Emergency 
Management Agency; 
(3) other appropriate Federal agencies; 
(4) States; 
(5) relevant colleges, universities, and institu-
tions of higher education with relevant expertise; and 
(6) other entities, as appropriate. 
(d) AT-RISK COMMUNITY DEFINED.—The term ‘‘at- 
risk community’’ has the meaning given the term in section 
101 of the Healthy Forests Restoration Act of 2003 (16 
U.S.C. 6511).
1739 
SEC. 211. VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS OF WAY. 
(a) IN GENERAL.—Title V of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1761 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 512. VEGETATION MANAGMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE 
RELATING TO ELECTRIC TRANSMISSION AND 
DISTRIBUTION FACILITY RIGHTS OF WAY. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) HAZARD
TREE.—The term ‘hazard tree’ 
means any tree or part thereof (whether located inside 
or outside a right-of-way) that has been designated, 
prior to tree failure, by a certified or licensed arborist 
or forester under the supervision of the Secretary con-
cerned or the owner or operator of a transmission or 
distribution facility to be— 
‘‘(A) dead, likely to die within the routine 
vegetation management cycle, or likely to fail 
within the routine vegetation management cycle; 
and 
‘‘(B) if the tree or part of the tree failed, 
likely to—
1740 
‘‘(i) cause substantial damage or dis-
ruption to a transmission or distribution 
facility; or 
‘‘(ii) come within 10 feet of an electric 
power line. 
‘‘(2) OWNER; OPERATOR.—The terms ‘owner’ 
and ‘operator’ include contractors or other agents en-
gaged by the owner or operator of an electric trans-
mission or distribution facility. 
‘‘(3) PLAN.—The term ‘plan’ means a vegetation 
management, facility inspection, and operation and 
maintenance plan that— 
‘‘(A) is prepared by the owner or operator 
of 1 or more electric transmission or distribution 
facilities to cover 1 or more electric transmission 
and distribution rights-of-way; and 
‘‘(B) provides for the long-term, cost-effec-
tive, efficient, and timely management of facili-
ties and vegetation within the width of the right- 
of-way and abutting Federal land, including 
hazard trees, to enhance electric reliability, pro-
mote public safety, and avoid fire hazards. 
‘‘(4) SECRETARY CONCERNED.—The term ‘Sec-
retary concerned’ means—
1741 
‘‘(A) the Secretary, with respect to public 
lands; and 
‘‘(B) the Secretary of Agriculture, with re-
spect to National Forest System land. 
‘‘(b) GUIDANCE.— 
‘‘(1) IN GENERAL.—To enhance the reliability of 
the electric grid and reduce the threat of wildfire 
damage to, and wildfire caused by vegetation-related 
conditions within, electric transmission and distribu-
tion rights-of-way and abutting Federal land, includ-
ing hazard trees, the Secretary concerned shall issue 
and periodically update guidance to ensure that pro-
visions are appropriately developed and implemented 
for utility vegetation management, facility inspection, 
and operation and maintenance of rights-of-way, re-
gardless of the means by which the rights-of-way are 
established (including by grant, special use authoriza-
tion, and easement). 
‘‘(2) LIMITATION.—The guidance issued under 
paragraph (1) shall be compatible with mandatory 
reliability standards established by the Electric Reli-
ability Organization. 
‘‘(3) CONSIDERATIONS.—The guidance issued 
under paragraph (1) shall take into account—
1742 
‘‘(A) all applicable law, including fire safe-
ty and electric system reliability requirements 
(including reliability standards established by 
the Electric Reliability Organization under sec-
tion 215 of the Federal Power Act (16 U.S.C. 
824o)); and 
‘‘(B) the Memorandum of Understanding on 
Vegetation Management for Powerline Rights-of- 
Way between the Edison Electric Institute, Util-
ity Arborist Association, the Department of the 
Interior, the Department of Agriculture, and the 
Environmental Protection Agency signed in 
2016. 
‘‘(4) 
REQUIREMENTS.—The 
guidance 
issued 
under paragraph (1) shall— 
‘‘(A) be developed in consultation with the 
owners of transmission and distribution facilities 
that hold rights-of-way; 
‘‘(B) seek to minimize the need for case-by- 
case approvals for — 
‘‘(i) routine vegetation management, 
facility inspection, and operation and 
maintenance activities; and
1743 
‘‘(ii) utility vegetation management 
activities that are necessary to control haz-
ard trees; and 
‘‘(C) provide for prompt and timely review 
of requests to conduct vegetation management ac-
tivities that require approval of the Secretary 
concerned, especially activities requiring expe-
dited or immediate action. 
‘‘(c) VEGETATION MANAGEMENT, FACILITY INSPEC-
TION, AND OPERATION AND MAINTENANCE PLANS.— 
‘‘(1) DEVELOPMENT
AND
SUBMISSION.—Con-
sistent with subsection (b), the Secretary concerned 
shall provide owners and operators of electric trans-
mission or distribution facilities located on public 
lands and National Forest System land, as applica-
ble, with the option to develop and submit a plan. 
‘‘(2) ERO STANDARDS.—Owners and operators 
subject to mandatory reliability standards established 
by the Electric Reliability Organization (or super-
seding standards) may use those standards as part of 
the plan. 
‘‘(3) PLAN REQUIREMENTS.—A plan developed 
under paragraph (1) shall— 
‘‘(A) identify the applicable transmission or 
distribution facilities to be maintained;
1744 
‘‘(B) take into account operations and 
maintenance plans for the applicable trans-
mission or distribution line; 
‘‘(C) describe the vegetation management, 
inspection, and operation and maintenance 
methods that may be used to comply with all ap-
plicable law, including fire safety requirements 
and reliability standards established by the Elec-
tric Reliability Organization; 
‘‘(D) include schedules for— 
‘‘(i) the applicable owner or operator 
to notify the Secretary concerned about rou-
tine and major maintenance; 
‘‘(ii) the applicable owner or operator 
to request approval from the Secretary con-
cerned about undertaking routine and 
major maintenance; and 
‘‘(iii) the Secretary concerned to re-
spond to a request by an owner or operator 
under clause (ii); and 
‘‘(E) describe processes for— 
‘‘(i) identifying changes in conditions; 
and 
‘‘(ii) modifying the approved plan, if 
necessary.
1745 
‘‘(4) REVIEW AND APPROVAL PROCESS.— 
‘‘(A) IN
GENERAL.—The Secretary con-
cerned shall jointly develop a consolidated and 
coordinated process for the review and approval 
of plans submitted under paragraph (1) that— 
‘‘(i) includes timelines and benchmarks 
for— 
‘‘(I) the submission of agency 
comments on the plans and schedules 
for final decision; and 
‘‘(II) the timely review of modi-
fications of the plans in cases in which 
modifications are necessary; 
‘‘(ii) is consistent with applicable law; 
and 
‘‘(iii) includes a process for modifica-
tions to a plan in a prompt manner if 
changed conditions necessitate a modifica-
tion to a plan; and 
‘‘(iv) ensures, to the maximum extent 
practicable, a prompt review and approval 
process not to exceed 120 days. 
‘‘(B) PLAN
MODIFICATION.—Upon reason-
able advance notice to an owner or operator of 
an electric transmission or distribution facility
1746 
of any changed conditions that warrant a modi-
fication to a plan, the Secretary concerned 
shall— 
‘‘(i) provide an opportunity for the 
owner or operator to submit a proposed 
plan modification, consistent with the proc-
ess described under subparagraph (A)(iii), 
to address the changed condition identified 
by the Secretary concerned; 
‘‘(ii) consider the proposed plan modi-
fication consistent with the process de-
scribed under paragraph (4)(A); and 
‘‘(iii) allow the owner or operator to 
continue to implement any element of the 
approved plan that does not directly and 
adversely affect the condition precipitating 
the need for modification. 
‘‘(5) CATEGORIES OF ACTIONS NOT REQUIRING 
ENVIRONMENTAL ANALYSIS.—With respect to the de-
velopment and approval of plans submitted under 
paragraph (1), as well as with respect to actions car-
ried out under such plans, the Secretary concerned 
shall identify categories of actions for which neither 
an environmental impact statement nor an environ-
mental assessment shall be required under section
1747 
1508.4 of title 40, Code of Federal Regulations (or a 
successor regulation). 
‘‘(d) CERTAIN OWNERS AND OPERATORS.— 
‘‘(1) IN GENERAL.—The owner or operator of an 
electric transmission or distribution facility that is 
not subject to the mandatory reliability standards es-
tablished by the Electric Reliability Organization or 
that sold less than or equal to 1,000,000 megawatt 
hours of electric energy for purposes other than resale 
during each of the 3 calendar years immediately pre-
ceding the date of enactment of this section may enter 
into an agreement with the Secretary concerned in 
lieu of a plan under subsection (c). 
‘‘(2) MINIMUM REQUIREMENTS.—The Secretary 
concerned shall ensure that the minimum require-
ments for an agreement under paragraph (1)— 
‘‘(A) reflect the relative financial resources 
of the applicable owner or operator compared to 
other owners or operators of an electric trans-
mission or distribution facility; 
‘‘(B) include schedules as described in sub-
section (c)(3)(D); 
‘‘(C) are subject to modification require-
ments as described in subsection (c)(4)(B); and 
‘‘(D) comply with applicable law.
1748 
‘‘(e) EMERGENCY CONDITIONS.—If vegetation or haz-
ard trees have contacted or present an imminent danger 
of contacting an electric transmission or distribution line 
from within or adjacent to an electric transmission or dis-
tribution right-of-way, the owner or operator of the electric 
transmission or distribution lines— 
‘‘(1) may prune or remove the vegetation or haz-
ard tree— 
‘‘(A) to avoid the disruption of electric serv-
ice; and 
‘‘(B) to eliminate immediate fire and safety 
hazards; and 
‘‘(2) shall notify the appropriate local agent of 
the Secretary concerned not later than 1 day after the 
date of the response to emergency conditions. 
‘‘(f) ACTIVITIES THAT REQUIRE APPROVAL.— 
‘‘(1) IN GENERAL.—Except as provided under 
paragraph (3), the owner or operator of an electric 
transmission or distribution facility may conduct 
vegetation management activities that require ap-
proval of the Secretary concerned in accordance with 
a plan approved under subsection (c) or an agreement 
entered into under subsection (d) only with the ap-
proval of the Secretary concerned.
1749 
‘‘(2) REQUIREMENT
TO
RESPOND.—The Sec-
retary concerned shall respond to a request for ap-
proval to conduct vegetation management activities in 
accordance with the applicable schedules in a plan 
approved under subsection (c) or an agreement en-
tered into under subsection (d). 
‘‘(3) AUTHORIZED
ACTIVITIES.—The owner or 
operator of an electric transmission or distribution 
facility may conduct vegetation management activi-
ties that require approval of the Secretary concerned 
in accordance with a plan approved under subsection 
(c) or an agreement entered into under subsection (d) 
without the approval of the Secretary concerned if— 
‘‘(A) the owner or operator submitted a re-
quest to the Secretary concerned in accordance 
with the applicable schedule in a plan approved 
under subsection (c) or an agreement entered 
into under subsection (d); 
‘‘(B) the vegetation management activities, 
including the removal of hazard trees, proposed 
in the request under subparagraph (A) are in ac-
cordance with a plan approved under subsection 
(c) or an agreement entered into under sub-
section (d); and
1750 
‘‘(C) the Secretary concerned fails to re-
spond to the request under subparagraph (A) in 
accordance with the applicable schedule in a 
plan approved under subsection (c) or an agree-
ment entered into under subsection (d). 
‘‘(g) LIABILITY.— 
‘‘(1) IN
GENERAL.—The Secretary concerned 
shall not impose strict liability for damages or injury 
resulting from— 
‘‘(A) the Secretary concerned unreasonably 
withholding or delaying— 
‘‘(i) approval of a plan under sub-
section (c); or 
‘‘(ii) entrance into an agreement under 
subsection (d); or 
‘‘(B) the Secretary concerned unreasonably 
failing to adhere to an applicable schedule in a 
plan approved under subsection (c) or an agree-
ment entered into under subsection (d). 
‘‘(2) DAMAGES.—For the period ending 10 years 
after the date of the enactment of this subsection, the 
Secretary concerned shall not impose strict liability 
in an amount greater than $500,000 per incident for 
damages or injury resulting from activities conducted
1751 
by an owner or operator in accordance with an ap-
proved agreement under subsection (d). 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
paragraph (2) shall be construed to effect any liabil-
ity imposed by the Secretary concerned under section 
251.56(d) of title 36, Code of Federal Regulations (as 
in effect on the date of the enactment of this section) 
and section 2807.12 of title 43, Code of Federal Regu-
lations (as in effect on the date of the enactment of 
this section), for activities conducted by an owner or 
operator in accordance with an approved plan under 
subsection (c). 
‘‘(h) REPORTING REQUIREMENT.— 
‘‘(1) ACTIVITIES
THAT
REQUIRE
APPROVAL.— 
The Secretary concerned shall report requests and ac-
tions made under subsection (f) annually on the 
website of the Secretary concerned. 
‘‘(2) LIABILITY.—Not later than four years after 
the date of enactment of this subsection, the Secretary 
concerned shall prepare and submit a report to the 
Committee on Natural Resources of the House of Rep-
resentatives and the Committee on Energy and Nat-
ural Resources of the Senate that describes the effect 
on the Treasury of the strict liability limitation es-
tablished by subsection (g)(2).
1752 
‘‘(i) TRAINING AND GUIDANCE.—In consultation with 
the electric utility industry, the Secretary concerned is en-
couraged to develop a program to train personnel of the 
Department of the Interior and the Forest Service involved 
in vegetation management decisions relating to electric 
transmission and distribution facilities to ensure that the 
personnel— 
‘‘(1) understand electric system reliability re-
quirements as the requirements relate to vegetation 
management of transmission and distribution rights- 
of-way on Federal land, including reliability stand-
ards established by the Electric Reliability Organiza-
tion and fire safety requirements; 
‘‘(2) assist owners and operators of electric 
transmission and distribution facilities in complying 
with applicable electric reliability and fire safety re-
quirements; 
‘‘(3) encourage and assist willing owners and op-
erators of electric transmission and distribution fa-
cilities to incorporate on a voluntary basis vegetation 
management practices to enhance habitats and forage 
for pollinators and for other wildlife if the practices 
are compatible with the integrated vegetation man-
agement practices necessary for reliability and safety; 
and
1753 
‘‘(4) understand how existing and emerging un-
manned technologies can help electric utilities, the 
Federal Government, State and local governments, 
and private landowners— 
‘‘(A) to more efficiently identify vegetation 
management needs; 
‘‘(B) to reduce the risk of wildfires; and 
‘‘(C) to lower ratepayer energy costs. 
‘‘(j) IMPLEMENTATION.—The Secretary concerned 
shall— 
‘‘(1) not later than 1 year after the date of enact-
ment of this section, propose regulations, or amend 
existing regulations, to implement this section; and 
‘‘(2) not later than 2 years after the date of en-
actment of this section, finalize regulations, or amend 
existing regulations, to implement this section. 
‘‘(k) EXISTING VEGETATION MANAGEMENT, FACILITY 
INSPECTION, AND OPERATION AND MAINTENANCE PLANS.— 
Nothing in this section requires an owner or operator to 
develop and submit a new plan under this section if a plan 
consistent with this section has already been approved by 
the Secretary concerned before the date of enactment of this 
section.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
the Federal Land Policy and Management Act of 1976 (43
1754 
U.S.C. 1761 et seq.), is amended by inserting after the item 
relating to section 511 the following new item: 
‘‘Sec. 512. Vegetation management, facility inspection, and operation and main-
tenance relating to electric transmission and distribution facility 
rights-of-way.’’. 
SEC. 212. GOOD NEIGHBOR AUTHORITY IMPROVEMENT. 
Section 8206(a) of the Agricultural Act of 2014 (16 
U.S.C. 2113a(a)) is amended— 
(1) in paragraph (3)(B)(i), by striking ‘‘areas; 
or’’ and inserting the following: ‘‘areas, other than the 
reconstruction, repair, or restoration of a National 
Forest System road that is— 
‘‘(I) necessary to carry out au-
thorized restoration services pursuant 
to a good neighbor agreement; and 
‘‘(II) in the case of a National 
Forest System road that is determined 
to be unneeded in accordance with sec-
tion 212.5(b)(2) of title 36, Code of 
Federal Regulations (as in effect on the 
date of enactment of the Good Neighbor 
Authority Improvement Act), decom-
missioned in accordance with subpara-
graph (A)(iii)— 
‘‘(aa) in a manner that is 
consistent with the applicable 
travel management plan; and
1755 
‘‘(bb) not later than 3 years 
after the date on which the appli-
cable authorized restoration serv-
ices project is completed; or’’; 
(2) by redesignating paragraphs (6) and (7) as 
paragraphs (7) and (8), respectively; and 
(3) by inserting after paragraph (5) the fol-
lowing: 
‘‘(6) NATIONAL
FOREST
SYSTEM
ROAD.—The 
term ‘National Forest System road’ has the meaning 
given the term in section 212.1 of title 36, Code of 
Federal Regulations (as in effect on the date of enact-
ment of the Good Neighbor Authority Improvement 
Act).’’. 
TITLE 
III—FEDERAL 
LAND 
TRANSACTION FACILITATION 
REAUTHORIZATION 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Federal Land Trans-
action Facilitation Act Reauthorization of 2018’’. 
SEC. 302. FEDERAL LAND TRANSACTION FACILITATION 
ACT. 
The Federal Land Transaction Facilitation Act is 
amended—
1756 
(1) in section 203(1) (43 U.S.C. 2302(1)), by 
striking ‘‘cultural, or’’ and inserting ‘‘cultural, rec-
reational access and use, or other’’; 
(2) in section 203(2) (43 U.S.C. 2302(2))— 
(A) in the matter preceding subparagraph 
(A), by striking ‘‘on the date of enactment of this 
Act was’’ and inserting ‘‘is’’; 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) a national monument, area of critical 
environmental concern, national conservation 
area, national riparian conservation area, na-
tional recreation area, national scenic area, re-
search natural area, national outstanding nat-
ural area, priority species and habitats des-
ignated in a land use plan in accordance with 
subpart E (entitled ‘‘Fish and Wildlife’’) of part 
I of Appendix C of Bureau of Land Management 
Land Use Planning Handbook H-1601-1 (Rel 1- 
1693), a special recreation management area, or 
a national natural landmark managed by the 
Bureau of Land Management;’’; and 
(C) by amending subparagraph (D) to read 
as follows:
1757 
‘‘(D) a National Forest or National Grass-
land in the National Forest System; or’’; 
(3) in section 203 (43 U.S.C. 2302), by inserting 
the following paragraph after section 203(2) (and re-
designating the following paragraphs accordingly): 
‘‘(3) INACCESSIBLE LANDS THAT ARE OPEN TO 
PUBLIC
HUNTING, FISHING, RECREATIONAL
SHOOT-
ING, OR OTHER RECREATIONAL PURPOSES.—The term 
‘inaccessible lands that are open to public hunting, 
fishing, recreational shooting, or other recreational 
purposes’ means public lands in Alaska and the elev-
en contiguous Western States (as defined in section 
103 of the Federal Land Policy and Management Act 
of 1976 (43 U.S.C. 1702)) consisting of at least 640 
contiguous acres on which the public is allowed under 
Federal or State law to hunt, fish, target shoot or use 
the land for other recreational purposes but— 
‘‘(A) to which there is no public access or 
egress; or 
‘‘(B) to which public access or egress to the 
land is significantly restricted, as determined by 
the Secretary.’’; and 
(4) in section 205 (43 U.S.C. 2304)—
1758 
(A) in subsection (a), by striking ‘‘section 
206’’ and all that follows through the period and 
inserting the following: ‘‘section 206— 
‘‘(1) to complete appraisals and satisfy other 
legal requirements for the sale or exchange of public 
land identified for disposal under approved land use 
plans under section 202 of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712); 
‘‘(2) not later than 180 days after the date of the 
enactment of the Federal Land Transaction Facilita-
tion Act Reauthorization of 2018, to establish and 
make available to the public, on the website of the De-
partment of the Interior, a database containing a 
comprehensive list of all the land referred to in para-
graph (1); and 
‘‘(3) to maintain the database referred to in 
paragraph (2).’’; and 
(B) by striking subsection (d); 
(5) in section 206(c)(2) (43 U.S.C. 2305(c)(2))— 
(A) in subparagraph(A)(i), by striking 
‘‘inholdings; and’’ and inserting ‘‘inholdings;’’; 
(B) in subparagraph (A)(ii), by striking 
‘‘exceptional resources.’’ and inserting ‘‘excep-
tional resources; or’’;
1759 
(C) in subparagraph (A), by inserting after 
clause (ii), ‘‘(iii) adjacent to inaccessible lands 
open to public hunting, fishing, recreational 
shooting, or other recreational purposes.’’; and 
(D) by adding at the end the following: 
‘‘(E) Any funds made available under sub-
paragraph (D) that are not obligated or ex-
pended by the end of the fourth full fiscal year 
after the date of the sale or exchange of land that 
generated the funds may be expended in any 
State.’’; 
(6) in section 206(c)(3) (43 U.S.C. 2305(c)(3))— 
(A) by inserting after subparagraph (A) the 
following: 
‘‘(B) the extent to which the acquisition of 
the land or interest therein will increase the pub-
lic availability of resources for, and facilitate 
public access to, hunting, fishing, and other rec-
reational activities;’’; and 
(B) by redesignating subparagraphs (B) 
and (C) as subparagraphs (C) and (D); 
(7) by striking section 206(f) (43 U.S.C. 
2305(f)); and 
(8) in section 207(b) (43 U.S.C. 2306(b))— 
(A) in paragraph (1)—
1760 
(i) by striking ‘‘96–568’’ and inserting 
‘‘96–586’’; and 
(ii) by striking ‘‘; or’’ and inserting a 
semicolon; 
(B) in paragraph (2)— 
(i) by inserting ‘‘Public Law 105– 
263;’’ before ‘‘112 Stat.’’; and 
(ii) by striking the period at the end 
and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(3) the White Pine County Conservation, Recre-
ation, and Development Act of 2006 (Public Law 
109–432; 120 Stat. 3028); 
‘‘(4) the Lincoln County Conservation, Recre-
ation, and Development Act of 2004 (Public Law 
108–424; 118 Stat. 2403); 
‘‘(5) subtitle F of title I of the Omnibus Public 
Land Management Act of 2009 (16 U.S.C. 1132 note; 
Public Law 111–11); 
‘‘(6) subtitle O of title I of the Omnibus Public 
Land Management Act of 2009 (16 U.S.C. 460www 
note, 1132 note; Public Law 111–11); 
‘‘(7) section 2601 of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 
Stat. 1108); or
1761 
‘‘(8) section 2606 of the Omnibus Public Land 
Management Act of 2009 (Public Law 111–11; 123 
Stat. 1121).’’. 
TITLE IV—EXTENSION OF SE-
CURE RURAL SCHOOLS AND 
COMMUNITY 
SELF-DETER-
MINATION ACT OF 2000 
SEC. 401. EXTENSION OF SECURE RURAL SCHOOLS AND 
COMMUNITY SELF-DETERMINATION ACT OF 
2000. 
(a) SECURE PAYMENTS FOR STATES AND COUNTIES 
CONTAINING FEDERAL LAND.— 
(1) FULL FUNDING AMOUNT.—Section 3(11) of 
the Secure Rural Schools and Community Self-Deter-
mination Act (16 U.S.C. 7102(11)) is amended— 
(A) in subparagraph (B), by striking 
‘‘and’’; 
(B) in subparagraph (C)— 
(i) by striking ‘‘and each fiscal year 
thereafter’’ and inserting ‘‘through fiscal 
year 2015’’; and 
(ii) by striking the period and insert-
ing a semi-colon; and 
(C) by adding at the end the following:
1762 
‘‘(D) for fiscal year 2017, the amount that 
is equal to 95 percent of the full funding amount 
for fiscal year 2015; and 
‘‘(E) for fiscal year 2018 and each fiscal 
year thereafter, the amount that is equal to 95 
percent of the full funding amount for the pre-
ceding fiscal year.’’. 
(2) SECURE PAYMENTS.— 
(A) IN GENERAL.—Section 101 of the Se-
cure Rural Schools and Community Self-Deter-
mination Act of 2000 (16 U.S.C. 7111) is 
amended, in subsections (a) and (b), by striking 
‘‘2015’’ each place it appears and inserting 
‘‘2015, 2017, and 2018’’. 
(B) SPECIAL RULE FOR FISCAL YEAR 2017 
PAYMENTS.—Section 101 of the Secure Rural 
Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7111) is amended by adding 
at the end the following: 
‘‘(d) SPECIAL RULE FOR FISCAL YEAR 2017 PAY-
MENTS.— 
‘‘(1) STATE PAYMENT.—If an eligible county in 
a State that will receive a share of the State payment 
for fiscal year 2017 has already received, or will re-
ceive, a share of the 25-percent payment for fiscal
1763 
year 2017 distributed to the State before the date of 
enactment of this subsection, the amount of the State 
payment shall be reduced by the amount of the share 
of the eligible county of the 25-percent payment. 
‘‘(2) COUNTY PAYMENT.—If an eligible county 
that will receive a county payment for fiscal year 
2017 has already received a 50-percent payment for 
fiscal year 2017, the amount of the county payment 
shall be reduced by the amount of the 50-percent pay-
ment. 
‘‘(3) PROMPT PAYMENT.—Not later than 45 days 
after the date of enactment of this subsection, the Sec-
retary of the Treasury shall make all payments under 
this title for fiscal year 2017.’’. 
(3) PAYMENTS TO STATES AND COUNTIES.— 
(A) 
ELECTION
TO
RECEIVE
PAYMENT 
AMOUNT.—Section 102(b) of the Secure Rural 
Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7112(b)) is amended— 
(i) in paragraph (1), by adding after 
subparagraph (C) the following: 
‘‘(D) PAYMENTS
FOR
FISCAL
YEARS
2017 
AND
2018.—The election otherwise required by 
subparagraph (A) shall not apply for fiscal years 
2017 or 2018.’’; and
1764 
(ii) in paragraph (2)— 
(I) in subparagraph (A), by in-
serting ‘‘and for fiscal years 2017 and 
2018’’ after ‘‘2015’’; and 
(II) in subparagraph (B), by in-
serting ‘‘and for fiscal years 2017 and 
2018’’ after ‘‘2015’’. 
(B) EXPENDITURE
RULES
FOR
ELIGIBLE 
COUNTIES.—Section 102(d) of the Secure Rural 
Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7112(d)) is amended— 
(i) in paragraph (1), by adding after 
subparagraph (E) the following: 
‘‘(F) PAYMENTS
FOR
FISCAL
YEARS
2017 
AND
2018.—The election made by an eligible 
county under subparagraph (B), (C), or (D) for 
fiscal year 2013, or deemed to be made by the 
county under paragraph (3)(B) for that fiscal 
year, shall be effective for fiscal years 2017 and 
2018.’’; and 
(ii) in paragraph (3)— 
(I) in subparagraph (B)(ii), by 
striking ‘‘purpose described in section 
202(b)’’ and inserting ‘‘purposes de-
1765 
scribed 
in 
section 
202(b), 
section 
203(c), or section 204(a)(5)’’; and 
(II) by adding after subparagraph 
(C) the following: 
‘‘(D) PAYMENTS
FOR
FISCAL
YEARS
2017 
AND 2018.—This paragraph does not apply for 
fiscal years 2017 and 2018.’’. 
(C) ELECTIONS AS TO ALLOCATION OF BAL-
ANCE.—Section 102(d)(1) of the Secure Rural 
Schools and Community Self-Determination Act 
of 2000 (16 U.S.C. 7112(d)(1)) is amended— 
(i) in subparagraph (B)(ii), by strik-
ing ‘‘not more than 7 percent of the total 
share for the eligible county of the State 
payment or the county payment’’ and in-
serting ‘‘any portion of the balance’’; and 
(ii) by striking subparagraph (C) and 
inserting the following: 
‘‘(C) COUNTIES
WITH
MAJOR
DISTRIBU-
TIONS.—In the case of each eligible county to 
which $350,000 or more is distributed for any 
fiscal year pursuant to paragraph (1)(B) or 
(2)(B) of subsection (a), the eligible county shall 
elect to do 1 or more of the following with the
1766 
balance of any funds not expended pursuant to 
subparagraph (A): 
‘‘(i) Reserve any portion of the balance 
for projects in accordance with title II. 
‘‘(ii) Reserve not more than 7 percent 
of the total share for the eligible county of 
the State payment or the county payment 
for projects in accordance with title III. 
‘‘(iii) Return the portion of the balance 
not reserved under clauses (i) and (ii) to the 
Treasury of the United States.’’. 
(D) TREATMENT AS SUPPLEMENTAL FUND-
ING.—Section 102 of the Secure Rural Schools 
and Community Self-Determination Act of 2000 
(16 U.S.C. 7112) is amended by adding at the 
end the following: 
‘‘(f) TREATMENT AS SUPPLEMENTAL FUNDING.— 
‘‘(1) IN
GENERAL.—None of the funds made 
available to an eligible county under this Act may be 
used in lieu of, or to otherwise offset, a State funding 
source for a local school, facility, or educational pur-
pose. 
‘‘(2) CONTINUATION
OF
DIRECT
PAYMENTS.— 
Payments to States made under the Secure Rural 
Schools and Community Self-Determination Act of
1767 
2000 (16 U.S.C. 7101 et seq.) and 25-percent pay-
ments made to States and Territories under the Acts 
of May 23, 1908, and March 1, 1911 (16 U.S.C. 500), 
shall continue to be made as direct payments and not 
as Federal financial assistance.’’. 
(E) DISTRIBUTION OF PAYMENTS TO ELIGI-
BLE COUNTIES.—Section 103(d)(2) of the Secure 
Rural Schools and Community Self-Determina-
tion Act of 2000 (16 U.S.C. 7113(d)(2)) is 
amended by striking ‘‘2015’’ and inserting ‘‘and 
for fiscal years 2017 and 2018’’. 
(b) CONTINUATION OF AUTHORITY TO CONDUCT SPE-
CIAL PROJECTS ON FEDERAL LAND.— 
(1) REPEAL OF CONTRACTING PILOT PROGRAM.— 
Section 204(e) of the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 (16 U.S.C. 
7124(e)) is amended by striking paragraph (3). 
(2) RESOURCE ADVISORY COMMITTEES.—Section 
205(a)(4) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C. 
7125(a)(4)) is amended by striking ‘‘2012’’ each place 
it appears and inserting ‘‘2018’’. 
(3) AVAILABILITY OF PROJECT FUNDS.—Section 
207(d)(2) of the Secure Rural Schools and Commu-
nity Self-Determination Act of 2000 (16 U.S.C.
1768 
7127(d)(2)) is amended by striking ‘‘subparagraph 
(B)’’ and inserting ‘‘subparagraph (B)(i), (B)(ii),’’. 
(4) TERMINATION OF AUTHORITY.—Section 208 
of the Secure Rural Schools and Community Self-De-
termination Act of 2000 (16 U.S.C. 7128) is amend-
ed— 
(A) in subsection (a), by striking ‘‘2017’’ 
and inserting ‘‘2020’’; and 
(B) in subsection (b), by striking ‘‘2018’’ 
and inserting ‘‘2021’’. 
(c) TERMINATION OF AUTHORITY.—Section 304 of the 
Secure Rural Schools and Community Self-Determination 
Act of 2000 (16 U.S.C. 7144) is amended— 
(1) in subsection (a), by striking ‘‘2017’’ and in-
serting ‘‘2020’’; and 
(2) in subsection (b), by striking ‘‘2018’’ and in-
serting ‘‘2021’’. 
SEC. 402. ADDITIONAL AUTHORIZED USE OF RESERVED 
FUNDS FOR TITLE III COUNTY PROJECTS. 
Section 302(a) of the Secure Rural Schools and Com-
munity Self-Determination Act of 2000 (16 U.S.C. 7142(a)) 
is amended— 
(1) in paragraph (2)— 
(A) by inserting ‘‘and law enforcement pa-
trols’’ after ‘‘including firefighting’’; and
1769 
(B) by striking ‘‘and’’ at the end; 
(2) in paragraph (3), by inserting ‘‘and carry 
out’’ after ‘‘develop’’; 
(3) by redesignating paragraph (3) as para-
graph (4); and 
(4) by inserting after paragraph (2) the fol-
lowing new paragraph (3): 
‘‘(3) to cover training costs and equipment pur-
chases directly related to the emergency services de-
scribed in paragraph (2); and’’. 
TITLE 
V—STRATEGIC 
PETRO-
LEUM RESERVE DRAWDOWN 
SEC. 501. STRATEGIC PETROLEUM RESERVE DRAWDOWN. 
(a) DRAWDOWN AND SALE.— 
(1) IN GENERAL.—Notwithstanding section 161 
of the Energy Policy and Conservation Act (42 U.S.C. 
6241), except as provided in subsection (b), the Sec-
retary of Energy shall draw down and sell 10,000,000 
barrels of crude oil from the Strategic Petroleum Re-
serve during the period of fiscal years 2020 through 
2021. 
(2) DEPOSIT
OF
AMOUNTS
RECEIVED
FROM 
SALE.—Amounts received from a sale under para-
graph (1) shall be deposited in the general fund of the
1770 
Treasury during the fiscal year in which the sale oc-
curs. 
(b) EMERGENCY PROTECTION.—The Secretary of En-
ergy may not draw down and sell crude oil under this sec-
tion in quantities that would limit the authority to sell pe-
troleum products under subsection (h) of section 161 of the 
Energy Policy and Conservation Act (42 U.S.C. 6241) in 
the full quantity authorized by that subsection. 
(c) STRATEGIC
PETROLEUM
DRAWDOWN
LIMITA-
TIONS.—Section 161(h)(2) of the Energy Policy and Con-
servation Act (42 U.S.C. 6241(h)(2)) is amended by strik-
ing ‘‘350,000,000’’ each place it appears and inserting 
‘‘340,000,000’’. 
DIVISION P—RAY BAUM’S ACT OF 
2018 
SEC. 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Repack Airwaves Yielding Better Access for Users of Mod-
ern Services Act of 2018’’ or the ‘‘RAY BAUM’S Act of 
2018’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this division is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Commission defined. 
TITLE I—FCC REAUTHORIZATION 
Sec. 101. Authorization of appropriations. 
Sec. 102. Application and regulatory fees. 
Sec. 103. Effective date.
1771 
TITLE II—APPLICATION OF ANTIDEFICIENCY ACT 
Sec. 201. Application of Antideficiency Act to Universal Service Program. 
TITLE III—SECURING ACCESS TO NETWORKS IN DISASTERS 
Sec. 301. Study on network resiliency. 
Sec. 302. Access to essential service providers during federally declared emer-
gencies. 
Sec. 303. Definitions. 
TITLE IV—FCC CONSOLIDATED REPORTING 
Sec. 401. Communications marketplace report. 
Sec. 402. Consolidation of redundant reports; conforming amendments. 
Sec. 403. Effect on authority. 
Sec. 404. Other reports. 
TITLE V—ADDITIONAL PROVISIONS 
Sec. 501. Independent Inspector General for FCC. 
Sec. 502. Authority of Chief Information Officer. 
Sec. 503. Spoofing prevention. 
Sec. 504. Report on promoting broadband Internet access service for veterans. 
Sec. 505. Methodology for collection of mobile service coverage data. 
Sec. 506. Accuracy of dispatchable location for 9–1–1 calls. 
Sec. 507. NTIA study on interagency process following cybersecurity incidents. 
Sec. 508. Tribal digital access. 
Sec. 509. Terms of office and vacancies. 
Sec. 510. Joint board recommendation. 
Sec. 511. Disclaimer for press releases regarding notices of apparent liability. 
Sec. 512. Reports related to spectrum auctions. 
TITLE VI—MOBILE NOW 
Sec. 601. Short title. 
Sec. 602. Definitions. 
Sec. 603. Identifying 255 megahertz. 
Sec. 604. Millimeter wave spectrum. 
Sec. 605. 3 gigahertz spectrum. 
Sec. 606. Communications facilities deployment on Federal property. 
Sec. 607. Broadband infrastructure deployment. 
Sec. 608. Communications facilities installation. 
Sec. 609. Reallocation incentives. 
Sec. 610. Bidirectional sharing study. 
Sec. 611. Unlicensed services in guard bands. 
Sec. 612. Pre-auction funding. 
Sec. 613. Immediate transfer of funds. 
Sec. 614. Amendments to the Spectrum Pipeline Act of 2015. 
Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-income 
neighborhoods. 
Sec. 616. Rulemaking related to partitioning or disaggregating licenses. 
Sec. 617. Unlicensed spectrum policy. 
Sec. 618. National plan for unlicensed spectrum. 
Sec. 619. Spectrum challenge prize. 
Sec. 620. Wireless telecommunications tax and fee collection fairness. 
Sec. 621. Rules of construction.
1772 
Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act of 2012. 
Sec. 623. No additional funds authorized. 
SEC. 2. COMMISSION DEFINED. 
In this division, the term ‘‘Commission’’ means the 
Federal Communications Commission. 
TITLE I—FCC 
REAUTHORIZATION 
SEC. 101. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—Section 6 of the Communications 
Act of 1934 (47 U.S.C. 156) is amended to read as follows: 
‘‘SEC. 6. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be ap-
propriated to the Commission to carry out the functions 
of the Commission $333,118,000 for fiscal year 2019 and 
$339,610,000 for fiscal year 2020. 
‘‘(b) OFFSETTING COLLECTIONS.—The sum appro-
priated in any fiscal year to carry out the activities de-
scribed in subsection (a), to the extent and in the amounts 
provided for in Appropriations Acts, shall be derived from 
fees authorized by section 9.’’. 
(b) DEPOSITS OF BIDDERS TO BE DEPOSITED IN 
TREASURY.—Section 309(j)(8)(C) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)(C)) is amended— 
(1) in the first sentence, by striking ‘‘an interest 
bearing account’’ and all that follows and inserting 
‘‘the Treasury.’’;
1773 
(2) in clause (i)— 
(A) by striking ‘‘paid to the Treasury’’ and 
inserting ‘‘deposited in the general fund of the 
Treasury (where such deposits shall be used for 
the sole purpose of deficit reduction)’’; and 
(B) by striking the semicolon and inserting 
‘‘; and’’; 
(3) in clause (ii), by striking ‘‘; and’’ and insert-
ing ‘‘, and payments representing the return of such 
deposits shall not be subject to administrative offset 
under section 3716(c) of title 31, United States 
Code.’’; and 
(4) by striking clause (iii). 
(c) ELIMINATION OF DUPLICATIVE AUTHORIZATION OF 
APPROPRIATIONS.— 
(1) IN
GENERAL.—Section 710 of the Tele-
communications Act of 1996 (Public Law 104–104) is 
repealed. 
(2) CONFORMING
AMENDMENT.—The table of 
contents in section 2 of such Act is amended by strik-
ing the item relating to section 710. 
(d) TRANSFER OF FUNDS.—On the effective date de-
scribed in section 103 of this title, any amounts in the ac-
count providing appropriations to carry out the functions 
of the Commission that were collected in excess of the
1774 
amounts provided for in Appropriations Acts in any fiscal 
year prior to such date shall be transferred to the general 
fund of the Treasury of the United States for the sole pur-
pose of deficit reduction. 
SEC. 102. APPLICATION AND REGULATORY FEES. 
(a) APPLICATION FEES.—Section 8 of the Communica-
tions Act of 1934 (47 U.S.C. 158) is amended to read as 
follows: 
‘‘SEC. 8. APPLICATION FEES. 
‘‘(a) GENERAL
AUTHORITY; ESTABLISHMENT
OF 
SCHEDULE.—The Commission shall assess and collect ap-
plication fees at such rates as the Commission shall estab-
lish in a schedule of application fees to recover the costs 
of the Commission to process applications. 
‘‘(b) ADJUSTMENT OF SCHEDULE.— 
‘‘(1) IN
GENERAL.—In every even-numbered 
year, the Commission shall review the schedule of ap-
plication fees established under this section and, ex-
cept as provided in paragraph (2), set a new amount 
for each fee in the schedule that is equal to the 
amount of the fee on the date when the fee was estab-
lished or the date when the fee was last amended 
under subsection (c), whichever is later— 
‘‘(A) increased or decreased by the percent-
age change in the Consumer Price Index during
1775 
the period beginning on such date and ending on 
the date of the review; and 
‘‘(B) rounded to the nearest $5 increment. 
‘‘(2) THRESHOLD FOR ADJUSTMENT.—The Com-
mission may not adjust a fee under paragraph (1) 
if— 
‘‘(A) in the case of a fee the current amount 
of which is less than $200, the adjustment would 
result in a change in the current amount of less 
than $10; or 
‘‘(B) in the case of a fee the current amount 
of which is $200 or more, the adjustment would 
result in a change in the current amount of less 
than 5 percent. 
‘‘(3) CURRENT
AMOUNT
DEFINED.—In para-
graph (2), the term ‘current amount’ means, with re-
spect to a fee, the amount of the fee on the date when 
the fee was established, the date when the fee was last 
adjusted under paragraph (1), or the date when the 
fee was last amended under subsection (c), whichever 
is latest. 
‘‘(c) AMENDMENTS TO SCHEDULE.—In addition to the 
adjustments required by subsection (b), the Commission 
shall by rule amend the schedule of application fees estab-
1776 
lished under this section if the Commission determines that 
the schedule requires amendment— 
‘‘(1) so that such fees reflect increases or de-
creases in the costs of processing applications at the 
Commission; or 
‘‘(2) so that such schedule reflects the consolida-
tion or addition of new categories of applications. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI-
CABLE.—The application fees established under this 
section shall not be applicable to— 
‘‘(A) a governmental entity; 
‘‘(B) a nonprofit entity licensed in the 
Local Government, Police, Fire, Highway Main-
tenance, Forestry-Conservation, Public Safety, or 
Special Emergency Radio radio services; or 
‘‘(C) a noncommercial radio station or non-
commercial television station. 
‘‘(2) COST OF COLLECTION.—If, in the judgment 
of the Commission, the cost of collecting an applica-
tion fee established under this section would exceed the 
amount collected, the Commission may by rule elimi-
nate such fee.
1777 
‘‘(e) DEPOSIT
OF COLLECTIONS.—Moneys received 
from application fees established under this section shall be 
deposited in the general fund of the Treasury.’’. 
(b) REGULATORY FEES.—Section 9 of the Commu-
nications Act of 1934 (47 U.S.C. 159) is amended to read 
as follows: 
‘‘SEC. 9. REGULATORY FEES. 
‘‘(a) GENERAL AUTHORITY.—The Commission shall 
assess and collect regulatory fees to recover the costs of car-
rying out the activities described in section 6(a) only to 
the extent, and in the total amounts, provided for in Appro-
priations Acts. 
‘‘(b) ESTABLISHMENT OF SCHEDULE.—The Commis-
sion shall assess and collect regulatory fees at such rates 
as the Commission shall establish in a schedule of regu-
latory fees that will result in the collection, in each fiscal 
year, of an amount that can reasonably be expected to equal 
the amounts described in subsection (a) with respect to such 
fiscal year. 
‘‘(c) ADJUSTMENT OF SCHEDULE.— 
‘‘(1) IN
GENERAL.—For each fiscal year, the 
Commission shall by rule adjust the schedule of regu-
latory fees established under this section to—
1778 
‘‘(A) reflect unexpected increases or de-
creases in the number of units subject to the pay-
ment of such fees; and 
‘‘(B) result in the collection of the amount 
required by subsection (b). 
‘‘(2) ROUNDING.—In making adjustments under 
this subsection, the Commission may round fees to the 
nearest $5 increment. 
‘‘(d) AMENDMENTS TO SCHEDULE.—In addition to the 
adjustments required by subsection (c), the Commission 
shall by rule amend the schedule of regulatory fees estab-
lished under this section if the Commission determines that 
the schedule requires amendment so that such fees reflect 
the full-time equivalent number of employees within the bu-
reaus and offices of the Commission, adjusted to take into 
account factors that are reasonably related to the benefits 
provided to the payor of the fee by the Commission’s activi-
ties. In making an amendment under this subsection, the 
Commission may not change the total amount of regulatory 
fees required by subsection (b) to be collected in a fiscal 
year. 
‘‘(e) EXCEPTIONS.— 
‘‘(1) PARTIES TO WHICH FEES ARE NOT APPLI-
CABLE.—The regulatory fees established under this 
section shall not be applicable to—
1779 
‘‘(A) a governmental entity or nonprofit en-
tity; 
‘‘(B) an amateur radio operator licensee 
under part 97 of the Commission’s rules (47 
CFR part 97); or 
‘‘(C) a noncommercial radio station or non-
commercial television station. 
‘‘(2) COST OF COLLECTION.—If, in the judgment 
of the Commission, the cost of collecting a regulatory 
fee established under this section from a party would 
exceed the amount collected from such party, the Com-
mission may exempt such party from paying such fee. 
‘‘(f) DEPOSIT OF COLLECTIONS.— 
‘‘(1) IN GENERAL.—Amounts received from fees 
authorized by this section shall be deposited as an off-
setting collection in, and credited to, the account 
through which funds are made available to carry out 
the activities described in section 6(a). 
‘‘(2) DEPOSIT OF EXCESS COLLECTIONS.—Any 
regulatory fees collected in excess of the total amount 
of fees provided for in Appropriations Acts for a fis-
cal year shall be deposited in the general fund of the 
Treasury of the United States for the sole purpose of 
deficit reduction.’’.
1780 
(c) PROVISIONS APPLICABLE
TO APPLICATION
AND 
REGULATORY FEES.—Title I of the Communications Act 
of 1934 (47 U.S.C. 151 et seq.) is amended by inserting 
after section 9 the following: 
‘‘SEC. 9A. PROVISIONS APPLICABLE TO APPLICATION AND 
REGULATORY FEES. 
‘‘(a) JUDICIAL REVIEW PROHIBITED.—Any adjust-
ment or amendment to a schedule of fees under subsection 
(b) or (c) of section 8 or subsection (c) or (d) of section 
9 is not subject to judicial review. 
‘‘(b) NOTICE TO CONGRESS.—The Commission shall 
transmit to Congress notification— 
‘‘(1) of any adjustment under section 8(b) or 9(c) 
immediately upon the adoption of such adjustment; 
and 
‘‘(2) of any amendment under section 8(c) or 
9(d) not later than 90 days before the effective date 
of such amendment. 
‘‘(c) ENFORCEMENT.— 
‘‘(1) PENALTIES FOR LATE PAYMENT.—The Com-
mission shall by rule prescribe an additional penalty 
for late payment of fees under section 8 or 9. Such 
additional penalty shall be 25 percent of the amount 
of the fee that was not paid in a timely manner.
1781 
‘‘(2) INTEREST
ON
UNPAID
FEES
AND
PEN-
ALTIES.—The Commission shall charge interest, at a 
rate determined under section 3717 of title 31, United 
States Code, on a fee under section 8 or 9 or an addi-
tional penalty under this subsection that is not paid 
in a timely manner. Such section 3717 shall not oth-
erwise apply with respect to such a fee or penalty. 
‘‘(3) DISMISSAL OF APPLICATIONS OR FILINGS.— 
The Commission may dismiss any application or 
other filing for failure to pay in a timely manner 
any fee under section 8 or 9 or any interest or addi-
tional penalty under this subsection. 
‘‘(4) REVOCATIONS.— 
‘‘(A) IN GENERAL.—In addition to or in 
lieu of the penalties and dismissals authorized by 
this subsection, the Commission may revoke any 
instrument of authorization held by any licensee 
that has not paid in a timely manner a regu-
latory fee assessed under section 9 or any related 
interest or penalty. 
‘‘(B) NOTICE.—Revocation action may be 
taken by the Commission under this paragraph 
after notice of the Commission’s intent to take 
such action is sent to the licensee by registered 
mail, return receipt requested, at the licensee’s
1782 
last known address. The notice shall provide the 
licensee at least 30 days to either pay the fee, in-
terest, and any penalty or show cause why the 
fee, interest, or penalty does not apply to the li-
censee or should otherwise be waived or payment 
deferred. 
‘‘(C) HEARING.— 
‘‘(i) GENERALLY
NOT
REQUIRED.—A 
hearing is not required under this para-
graph unless the licensee’s response presents 
a substantial and material question of fact. 
‘‘(ii) EVIDENCE
AND
BURDENS.—In 
any case where a hearing is conducted 
under this paragraph, the hearing shall be 
based on written evidence only, and the bur-
den of proceeding with the introduction of 
evidence and the burden of proof shall be on 
the licensee. 
‘‘(iii) COSTS.—Unless the licensee sub-
stantially prevails in the hearing, the Com-
mission may assess the licensee for the costs 
of such hearing. 
‘‘(D) OPPORTUNITY TO PAY PRIOR TO REV-
OCATION.—Any 
Commission 
order 
adopted 
under this paragraph shall determine the
1783 
amount due, if any, and provide the licensee 
with at least 30 days to pay that amount or 
have its authorization revoked. 
‘‘(E) FINALITY.—No order of revocation 
under this paragraph shall become final until 
the licensee has exhausted its right to judicial re-
view of such order under section 402(b)(5). 
‘‘(d) WAIVER, REDUCTION, AND DEFERMENT.—The 
Commission may waive, reduce, or defer payment of a fee 
under section 8 or 9 or an interest charge or penalty under 
this section in any specific instance for good cause shown, 
where such action would promote the public interest. 
‘‘(e) PAYMENT RULES.—The Commission shall by rule 
permit payment— 
‘‘(1) in the case of fees under section 8 or 9 in 
large amounts, by installments; and 
‘‘(2) in the case of fees under section 8 or 9 in 
small amounts, in advance for a number of years not 
to exceed the term of the license held by the payor. 
‘‘(f) ACCOUNTING SYSTEM.—The Commission shall de-
velop accounting systems necessary to make the amend-
ments authorized by sections 8(c) and 9(d).’’. 
(d) TRANSITIONAL RULES.— 
(1) APPLICATION FEES.—An application fee es-
tablished under section 8 of the Communications Act
1784 
of 1934, as such section is in effect on the day before 
the effective date described in section 103 of this title, 
shall remain in effect under section 8 of the Commu-
nications Act of 1934, as amended by subsection (a) 
of this section, until such time as the Commission ad-
justs or amends such fee under subsection (b) or (c) 
of such section 8, as so amended. 
(2) REGULATORY FEES.—A regulatory fee estab-
lished under section 9 of the Communications Act of 
1934, as such section is in effect on the day before the 
effective date described in section 103 of this title, 
shall remain in effect under section 9 of the Commu-
nications Act of 1934, as amended by subsection (b) 
of this section, until such time as the Commission ad-
justs or amends such fee under subsection (c) or (d) 
of such section 9, as so amended. 
(e) RULEMAKING TO AMEND SCHEDULE OF REGU-
LATORY FEES.— 
(1) IN GENERAL.—Not later than 1 year after 
the effective date described in section 103 of this title, 
the Commission shall complete a rulemaking pro-
ceeding under subsection (d) of section 9 of the Com-
munications Act of 1934, as amended by subsection 
(b) of this section.
1785 
(2) REPORT TO CONGRESS.—If the Commission 
has not completed the rulemaking proceeding required 
by paragraph (1) by the date that is 6 months after 
the effective date described in section 103 of this title, 
the Commission shall submit to Congress a report on 
the progress of such rulemaking proceeding. 
SEC. 103. EFFECTIVE DATE. 
This title and the amendments made by this title shall 
take effect on October 1, 2018. 
TITLE II—APPLICATION OF 
ANTIDEFICIENCY ACT 
SEC. 201. APPLICATION OF ANTIDEFICIENCY ACT TO UNI-
VERSAL SERVICE PROGRAM. 
Section 302 of Public Law 108–494 (118 Stat. 3998) 
is amended by striking ‘‘December 31, 2018’’ each place it 
appears and inserting ‘‘December 31, 2019’’. 
TITLE III—SECURING ACCESS TO 
NETWORKS IN DISASTERS 
SEC. 301. STUDY ON NETWORK RESILIENCY. 
Not later than 36 months after the date of enactment 
of this Act, the Commission shall submit to Congress, and 
make publically available on the Commission’s website, a 
study on the public safety benefits and technical feasibility 
and cost of—
1786 
(1) making telecommunications service provider- 
owned WiFi access points, and other communications 
technologies operating on unlicensed spectrum, avail-
able to the general public for access to 9–1–1 services, 
without requiring any login credentials, during times 
of emergency when mobile service is unavailable; 
(2) the provision by non-telecommunications 
service provider-owned WiFi access points of public 
access to 9–1–1 services during times of emergency 
when mobile service is unavailable; and 
(3) other alternative means of providing the pub-
lic with access to 9–1–1 services during times of emer-
gency when mobile service is unavailable. 
SEC. 302. ACCESS TO ESSENTIAL SERVICE PROVIDERS DUR-
ING FEDERALLY DECLARED EMERGENCIES. 
Section 427(a) of the Robert T. Stafford Disaster Relief 
and Emergency Assistance Act (42 U.S.C. 5189e(a)) is 
amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A), by striking ‘‘tele-
communications service’’ and inserting ‘‘wireline 
or mobile telephone service, Internet access serv-
ice, radio or television broadcasting, cable serv-
ice, or direct broadcast satellite service’’;
1787 
(B) in subparagraph (E), by striking the 
semicolon and inserting ‘‘; or’’; 
(C) by redesignating subparagraphs (A) 
through (E) as clauses (i) through (v), respec-
tively; and 
(D) by adding at the end of the following: 
‘‘(B) is a tower owner or operator;’’; and 
(2) by striking ‘‘(1) provides’’ and inserting 
‘‘(1)(A) provides’’. 
SEC. 303. DEFINITIONS. 
As used in this title— 
(1) the term ‘‘mobile service’’ means commercial 
mobile service (as defined in section 332 of the Com-
munications Act of 1934 (47 U.S.C. 332)) or commer-
cial mobile data service (as defined in section 6001 of 
the Middle Class Tax Relief and Job Creation Act of 
2012 (47 U.S.C. 1401)); 
(2) the term ‘‘WiFi access point’’ means wireless 
Internet access using the standard designated as 
802.11 or any variant thereof; and 
(3) the term ‘‘times of emergency’’ means either 
an emergency as defined in section 102 of the Robert 
T. Stafford Disaster Relief and Emergency Assistance 
Act (42 U.S.C. 5122), or an emergency as declared by
1788 
the governor of a State or territory of the United 
States. 
TITLE IV—FCC CONSOLIDATED 
REPORTING 
SEC. 401. COMMUNICATIONS MARKETPLACE REPORT. 
Title I of the Communications Act of 1934 (47 U.S.C. 
151 et seq.) is amended by adding at the end the following: 
‘‘SEC. 13. COMMUNICATIONS MARKETPLACE REPORT. 
‘‘(a) IN GENERAL.—In the last quarter of every even- 
numbered year, the Commission shall publish on its website 
and submit to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Com-
merce, Science, and Transportation of the Senate a report 
on the state of the communications marketplace. 
‘‘(b) CONTENTS.—Each report required by subsection 
(a) shall— 
‘‘(1) assess the state of competition in the com-
munications marketplace, including competition to 
deliver voice, video, audio, and data services among 
providers of telecommunications, providers of com-
mercial mobile service (as defined in section 332), 
multichannel video programming distributors (as de-
fined in section 602), broadcast stations, providers of 
satellite communications, Internet service providers, 
and other providers of communications services;
1789 
‘‘(2) assess the state of deployment of commu-
nications 
capabilities, 
including 
advanced 
tele-
communications capability (as defined in section 706 
of the Telecommunications Act of 1996 (47 U.S.C. 
1302)), regardless of the technology used for such de-
ployment; 
‘‘(3) assess whether laws, regulations, regulatory 
practices (whether those of the Federal Government, 
States, political subdivisions of States, Indian tribes 
or tribal organizations (as such terms are defined in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304)), or foreign 
governments), or demonstrated marketplace practices 
pose a barrier to competitive entry into the commu-
nications marketplace or to the competitive expansion 
of existing providers of communications services; 
‘‘(4) describe the agenda of the Commission for 
the next 2-year period for addressing the challenges 
and opportunities in the communications marketplace 
that were identified through the assessments under 
paragraphs (1) through (3); and 
‘‘(5) describe the actions that the Commission 
has taken in pursuit of the agenda described pursuant 
to paragraph (4) in the previous report submitted 
under this section.
1790 
‘‘(c) EXTENSION.—If the President designates a Com-
missioner as Chairman of the Commission during the last 
quarter of an even-numbered year, the portion of the report 
required by subsection (b)(4) may be published on the 
website of the Commission and submitted to the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate as an addendum during the first quar-
ter of the following odd-numbered year. 
‘‘(d) SPECIAL REQUIREMENTS.— 
‘‘(1) ASSESSING COMPETITION.—In assessing the 
state of competition under subsection (b)(1), the Com-
mission shall consider all forms of competition, in-
cluding the effect of intermodal competition, facilities- 
based competition, and competition from new and 
emergent communications services, including the pro-
vision of content and communications using the 
Internet. 
‘‘(2) ASSESSING DEPLOYMENT.—In assessing the 
state of deployment under subsection (b)(2), the Com-
mission shall compile a list of geographical areas that 
are not served by any provider of advanced tele-
communications capability. 
‘‘(3) CONSIDERING SMALL BUSINESSES.—In as-
sessing the state of competition under subsection
1791 
(b)(1) and regulatory barriers under subsection 
(b)(3), the Commission shall consider market entry 
barriers for entrepreneurs and other small businesses 
in the communications marketplace in accordance 
with the national policy under section 257(b).’’. 
SEC. 402. CONSOLIDATION OF REDUNDANT REPORTS; CON-
FORMING AMENDMENTS. 
(a) ORBIT ACT REPORT.—Section 646 of the Commu-
nications Satellite Act of 1962 (47 U.S.C. 765e; 114 Stat. 
57) is repealed. 
(b) SATELLITE COMPETITION REPORT.—Section 4 of 
Public Law 109–34 (47 U.S.C. 703) is repealed. 
(c) INTERNATIONAL BROADBAND DATA REPORT.—Sec-
tion 103(b)(1) of the Broadband Data Improvement Act (47 
U.S.C. 1303(b)(1)) is amended by striking ‘‘the assessment 
and report’’ and all that follows through ‘‘Federal Commu-
nications Commission’’ and inserting ‘‘its report under sec-
tion 13 of the Communications Act of 1934, the Federal 
Communications Commission’’. 
(d) STATUS OF COMPETITION IN THE MARKET FOR 
THE DELIVERY OF VIDEO PROGRAMMING REPORT.—Sec-
tion 628 of the Communications Act of 1934 (47 U.S.C. 
548) is amended— 
(1) by striking subsection (g);
1792 
(2) by redesignating subsection (j) as subsection 
(g); and 
(3) by transferring subsection (g) (as redesig-
nated) so that it appears after subsection (f). 
(e) REPORT ON CABLE INDUSTRY PRICES.—Section 
623(k) of the Communications Act of 1934 (47 U.S.C. 
543(k)) is amended— 
(1) in paragraph (1), by striking ‘‘annually pub-
lish’’ and inserting ‘‘publish with its report under 
section 13’’; and 
(2) in the heading of paragraph (2), by striking 
‘‘ANNUAL’’. 
(f) TRIENNIAL REPORT IDENTIFYING
AND ELIMI-
NATING MARKET ENTRY BARRIERS FOR ENTREPRENEURS 
AND OTHER SMALL BUSINESSES.—Section 257 of the Com-
munications Act of 1934 (47 U.S.C. 257) is amended by 
striking subsection (c). 
(g) STATE
OF COMPETITIVE MARKET CONDITIONS 
WITH RESPECT TO COMMERCIAL MOBILE RADIO SERV-
ICES.—Section 332(c)(1)(C) of the Communications Act of 
1934 (47 U.S.C. 332(c)(1)(C)) is amended by striking the 
first and second sentences. 
(h) PREVIOUSLY ELIMINATED ANNUAL REPORT.— 
(1) IN GENERAL.—Section 4 of the Communica-
tions Act of 1934 (47 U.S.C. 154) is amended—
1793 
(A) by striking subsection (k); and 
(B) by redesignating subsections (l) through 
(o) as subsections (k) through (n), respectively. 
(2) 
CONFORMING
AMENDMENT.—Section 
309(j)(8)(B) of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)) is amended by striking the last 
sentence. 
(i) ADDITIONAL OUTDATED REPORTS.—The Commu-
nications Act of 1934 is further amended— 
(1) in section 4— 
(A) in subsection (b)(2)(B)(ii), by striking 
‘‘and shall furnish notice of such action’’ and all 
that follows through ‘‘subject of the waiver’’; and 
(B) in subsection (g), by striking paragraph 
(2); 
(2) in section 215— 
(A) by striking subsection (b); and 
(B) by redesignating subsection (c) as sub-
section (b); 
(3) in section 227(e), by striking paragraph (4); 
(4) in section 309(j)— 
(A) by striking paragraph (12); and 
(B) in paragraph (15)(C), by striking 
clause (iv);
1794 
(5) in section 331(b), by striking the last sen-
tence; 
(6) in section 336(e), by amending paragraph 
(4) to read as follows: 
‘‘(4) REPORT.—The Commission shall annually 
advise the Congress on the amounts collected pursuant 
to the program required by this subsection.’’; 
(7) in section 339(c), by striking paragraph (1); 
(8) in section 396— 
(A) by striking subsection (i); 
(B) in subsection (k)— 
(i) in paragraph (1), by striking sub-
paragraph (F); and 
(ii) in paragraph (3)(B)(iii), by strik-
ing subclause (V); 
(C) in subsection (l)(1)(B), by striking 
‘‘shall be included’’ and all that follows through 
‘‘The audit report’’; and 
(D) by striking subsection (m); 
(9) in section 398(b)(4), by striking the third 
sentence; 
(10) in section 624A(b)(1)— 
(A) by striking ‘‘REPORT; REGULATIONS’’ 
and inserting ‘‘REGULATIONS’’;
1795 
(B) by striking ‘‘Within 1 year after’’ and 
all that follows through ‘‘on means of assuring’’ 
and inserting ‘‘The Commission shall issue such 
regulations as are necessary to assure’’; and 
(C) by striking ‘‘Within 180 days after’’ 
and all that follows through ‘‘to assure such com-
patibility.’’; and 
(11) in section 713, by striking subsection (a). 
SEC. 403. EFFECT ON AUTHORITY. 
Nothing in this title or the amendments made by this 
title shall be construed to expand or contract the authority 
of the Commission. 
SEC. 404. OTHER REPORTS. 
Nothing in this title or the amendments made by this 
title shall be construed to prohibit or otherwise prevent the 
Commission from producing any additional reports other-
wise within the authority of the Commission. 
TITLE V—ADDITIONAL 
PROVISIONS 
SEC. 501. INDEPENDENT INSPECTOR GENERAL FOR FCC. 
(a) AMENDMENTS.—The Inspector General Act of 1978 
(5 U.S.C. App.) is amended— 
(1) in section 8G(a)(2), by striking ‘‘the Federal 
Communications Commission,’’; and 
(2) in section 12—
1796 
(A) in paragraph (1), by inserting ‘‘, the 
Federal Communications Commission,’’ after 
‘‘the Chairman of the Nuclear Regulatory Com-
mission’’; and 
(B) in paragraph (2), by inserting ‘‘the 
Federal Communications Commission,’’ after 
‘‘the Environmental Protection Agency,’’. 
(b) TRANSITION RULE.—An individual serving as In-
spector General of the Commission on the date of the enact-
ment of this Act pursuant to an appointment made under 
section 8G of the Inspector General Act of 1978 (5 U.S.C. 
App.)— 
(1) may continue so serving until the President 
makes an appointment under section 3(a) of such Act 
with respect to the Commission consistent with the 
amendments made by subsection (a); and 
(2) shall, while serving under paragraph (1), re-
main subject to the provisions of section 8G of such 
Act which, immediately before the date of the enact-
ment of this Act, applied with respect to the Inspector 
General of the Commission and suffer no reduction in 
pay.
1797 
SEC. 502. AUTHORITY OF CHIEF INFORMATION OFFICER. 
(a) IN GENERAL.—The Commission shall ensure that 
the Chief Information Officer of the Commission has a sig-
nificant role in— 
(1) the decision-making process for annual and 
multi-year planning, programming, budgeting, and 
execution decisions, related reporting requirements, 
and reports related to information technology; 
(2) the management, governance, and oversight 
processes related to information technology; and 
(3) the hiring of personnel with information 
technology responsibilities. 
(b) CIO APPROVAL.—The Chief Information Officer of 
the Commission, in consultation with the Chief Financial 
Officer of the Commission and budget officials, shall specify 
and approve the allocation of amounts appropriated to the 
Commission for information technology, consistent with the 
provisions of appropriations Acts, budget guidelines, and 
recommendations from the Director of the Office of Manage-
ment and Budget. 
SEC. 503. SPOOFING PREVENTION. 
(a) EXPANDING
AND CLARIFYING PROHIBITION
ON 
MISLEADING OR INACCURATE CALLER IDENTIFICATION IN-
FORMATION.— 
(1) 
COMMUNICATIONS
FROM
OUTSIDE
THE 
UNITED STATES.—Section 227(e)(1) of the Commu-
1798 
nications Act of 1934 (47 U.S.C. 227(e)(1)) is amend-
ed by striking ‘‘in connection with any telecommuni-
cations service or IP-enabled voice service’’ and in-
serting ‘‘or any person outside the United States if 
the recipient is within the United States, in connec-
tion with any voice service or text messaging service’’. 
(2) COVERAGE OF TEXT MESSAGES AND VOICE 
SERVICES.—Section 227(e)(8) of the Communications 
Act of 1934 (47 U.S.C. 227(e)(8)) is amended— 
(A) in subparagraph (A), by striking ‘‘tele-
communications service or IP-enabled voice serv-
ice’’ and inserting ‘‘voice service or a text mes-
sage sent using a text messaging service’’; 
(B) in the first sentence of subparagraph 
(B), by striking ‘‘telecommunications service or 
IP-enabled voice service’’ and inserting ‘‘voice 
service or a text message sent using a text mes-
saging service’’; and 
(C) by striking subparagraph (C) and in-
serting the following: 
‘‘(C) TEXT MESSAGE.—The term ‘text mes-
sage’— 
‘‘(i) means a message consisting of 
text, images, sounds, or other information 
that is transmitted to or from a device that
1799 
is identified as the receiving or transmit-
ting device by means of a 10-digit telephone 
number or N11 service code; 
‘‘(ii) includes a short message service 
(commonly referred to as ‘SMS’) message 
and a multimedia message service (com-
monly referred to as ‘MMS’) message; and 
‘‘(iii) does not include— 
‘‘(I) a real-time, two-way voice or 
video communication; or 
‘‘(II) a message sent over an IP- 
enabled messaging service to another 
user of the same messaging service, ex-
cept a message described in clause (ii). 
‘‘(D) TEXT MESSAGING SERVICE.—The term 
‘text messaging service’ means a service that en-
ables the transmission or receipt of a text mes-
sage, including a service provided as part of or 
in connection with a voice service. 
‘‘(E) VOICE SERVICE.—The term ‘voice serv-
ice’— 
‘‘(i) means any service that is inter-
connected with the public switched telephone 
network and that furnishes voice commu-
nications to an end user using resources
1800 
from the North American Numbering Plan 
or any successor to the North American 
Numbering Plan adopted by the Commis-
sion under section 251(e)(1); and 
‘‘(ii) includes transmissions from a 
telephone facsimile machine, computer, or 
other device to a telephone facsimile ma-
chine.’’. 
(3) TECHNICAL AMENDMENT.—Section 227(e) of 
the Communications Act of 1934 (47 U.S.C. 227(e)) 
is amended in the heading by inserting ‘‘MISLEADING 
OR’’ before ‘‘INACCURATE’’. 
(4) REGULATIONS.— 
(A) IN GENERAL.—Section 227(e)(3)(A) of 
the Communications Act of 1934 (47 U.S.C. 
227(e)(3)(A)) is amended by striking ‘‘Not later 
than 6 months after the date of enactment of the 
Truth in Caller ID Act of 2009, the Commis-
sion’’ and inserting ‘‘The Commission’’. 
(B) DEADLINE.—The Commission shall pre-
scribe regulations to implement the amendments 
made by this subsection not later than 18 months 
after the date of enactment of this Act. 
(5) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on the date that is
1801 
6 months after the date on which the Commission pre-
scribes regulations under paragraph (4). 
(b) CONSUMER EDUCATION MATERIALS ON HOW TO 
AVOID SCAMS THAT RELY UPON MISLEADING OR INAC-
CURATE CALLER IDENTIFICATION INFORMATION.— 
(1) DEVELOPMENT
OF
MATERIALS.—Not later 
than 1 year after the date of enactment of this Act, 
the Commission, in coordination with the Federal 
Trade Commission, shall develop consumer education 
materials that provide information about— 
(A) ways for consumers to identify scams 
and other fraudulent activity that rely upon the 
use of misleading or inaccurate caller identifica-
tion information; and 
(B) existing technologies, if any, that a con-
sumer can use to protect against such scams and 
other fraudulent activity. 
(2) CONTENTS.—In developing the consumer 
education materials under paragraph (1), the Com-
mission shall— 
(A) identify existing technologies, if any, 
that can help consumers guard themselves 
against scams and other fraudulent activity that 
rely upon the use of misleading or inaccurate 
caller identification information, including—
1802 
(i) descriptions of how a consumer can 
use the technologies to protect against such 
scams and other fraudulent activity; and 
(ii) details on how consumers can ac-
cess and use the technologies; and 
(B) provide other information that may 
help consumers identify and avoid scams and 
other fraudulent activity that rely upon the use 
of misleading or inaccurate caller identification 
information. 
(3) UPDATES.—The Commission shall ensure 
that the consumer education materials required under 
paragraph (1) are updated on a regular basis. 
(4) WEBSITE.—The Commission shall include 
the consumer education materials developed under 
paragraph (1) on its website. 
(c) GAO REPORT ON COMBATING THE FRAUDULENT 
PROVISION OF MISLEADING OR INACCURATE CALLER IDEN-
TIFICATION INFORMATION.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study of the actions 
the Commission and the Federal Trade Commission 
have taken to combat the fraudulent provision of mis-
leading or inaccurate caller identification informa-
1803 
tion, and the additional measures that could be taken 
to combat such activity. 
(2) REQUIRED CONSIDERATIONS.—In conducting 
the study under paragraph (1), the Comptroller Gen-
eral shall examine— 
(A) trends in the types of scams that rely 
on misleading or inaccurate caller identification 
information; 
(B) previous and current enforcement ac-
tions by the Commission and the Federal Trade 
Commission to combat the practices prohibited 
by section 227(e)(1) of the Communications Act 
of 1934 (47 U.S.C. 227(e)(1)); 
(C) current efforts by industry groups and 
other entities to develop technical standards to 
deter or prevent the fraudulent provision of mis-
leading or inaccurate caller identification infor-
mation, and how such standards may help com-
bat the current and future provision of mis-
leading or inaccurate caller identification infor-
mation; and 
(D) whether there are additional actions the 
Commission, the Federal Trade Commission, and 
Congress should take to combat the fraudulent
1804 
provision of misleading or inaccurate caller 
identification information. 
(3) REPORT.—Not later than 18 months after the 
date of enactment of this Act, the Comptroller General 
shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate a report on the findings of the study under 
paragraph (1), including any recommendations re-
garding combating the fraudulent provision of mis-
leading or inaccurate caller identification informa-
tion. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion, or the amendments made by this section, shall be con-
strued to modify, limit, or otherwise affect any rule or order 
adopted by the Commission in connection with— 
(1) the Telephone Consumer Protection Act of 
1991 (Public Law 102–243; 105 Stat. 2394) or the 
amendments made by that Act; or 
(2) the CAN–SPAM Act of 2003 (15 U.S.C. 7701 
et seq.).
1805 
SEC. 504. REPORT ON PROMOTING BROADBAND INTERNET 
ACCESS SERVICE FOR VETERANS. 
(a) VETERAN DEFINED.—In this section, the term 
‘‘veteran’’ has the meaning given the term in section 101 
of title 38, United States Code. 
(b) REPORT REQUIRED.—Not later than 1 year after 
the date of the enactment of this Act, the Commission shall 
submit to Congress a report on promoting broadband Inter-
net access service for veterans, in particular low-income vet-
erans and veterans residing in rural areas. In such report, 
the Commission shall— 
(1) examine such access and how to promote such 
access; and 
(2) provide findings and recommendations for 
Congress with respect to such access and how to pro-
mote such access. 
(c) PUBLIC NOTICE
AND OPPORTUNITY TO COM-
MENT.—In preparing the report required by subsection (b), 
the Commission shall provide the public with notice and 
an opportunity to comment on broadband Internet access 
service for veterans, in particular low-income veterans and 
veterans residing in rural areas, and how to promote such 
access. 
SEC. 505. METHODOLOGY FOR COLLECTION OF MOBILE 
SERVICE COVERAGE DATA. 
(a) DEFINITIONS.—In this section—
1806 
(1) the term ‘‘commercial mobile data service’’ 
has the meaning given the term in section 6001 of the 
Middle Class Tax Relief and Job Creation Act of 2012 
(47 U.S.C. 1401); 
(2) the term ‘‘commercial mobile service’’ has the 
meaning given the term in section 332(d) of the Com-
munications Act of 1934 (47 U.S.C. 332(d)); 
(3) the term ‘‘coverage data’’ means, if commer-
cial mobile service or commercial mobile data service 
is available, general information about the service, 
which may include available speed tiers, radio fre-
quency signal levels, and network and performance 
characteristics; and 
(4) the term ‘‘Universal Service program’’ means 
the universal service support mechanisms established 
under section 254 of the Communications Act of 1934 
(47 U.S.C. 254) and the regulations issued under that 
section. 
(b) METHODOLOGY ESTABLISHED.—Not later than 
180 days after the conclusion of the Mobility Fund Phase 
II Auction, the Commission shall promulgate regulations 
to establish a methodology that shall apply to the collection 
of coverage data by the Commission for the purposes of— 
(1) the Universal Service program; or 
(2) any other similar program.
1807 
(c) REQUIREMENTS.—The methodology established 
under subsection (b) shall— 
(1) contain standard definitions for different 
available technologies such as 2G, 3G, 4G, and 4G 
LTE; 
(2) enhance the consistency and robustness of 
how the data are collected by different parties; 
(3) improve the validity and reliability of cov-
erage data; and 
(4) increase the efficiency of coverage data collec-
tion. 
SEC. 506. ACCURACY OF DISPATCHABLE LOCATION FOR 9– 
1–1 CALLS. 
(a) PROCEEDING REQUIRED.—Not later than 18 
months after the date of the enactment of this Act, the Com-
mission shall conclude a proceeding to consider adopting 
rules to ensure that the dispatchable location is conveyed 
with a 9–1–1 call, regardless of the technological platform 
used and including with calls from multi-line telephone sys-
tems (as defined in section 6502 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 1471)). 
(b) RELATIONSHIP TO OTHER PROCEEDINGS.—In con-
ducting the proceeding required by subsection (a), the Com-
mission may consider information and conclusions from 
other Commission proceedings regarding the accuracy of the
1808 
dispatchable location for a 9–1–1 call, but nothing in this 
section shall be construed to require the Commission to re-
consider any information or conclusion from a proceeding 
regarding the accuracy of the dispatchable location for a 
9–1–1 call in which the Commission has adopted rules or 
issued an order before the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) 9–1–1 CALL.—The term ‘‘9–1–1 call’’ means 
a voice call that is placed, or a message that is sent 
by other means of communication, to a public safety 
answering point (as defined in section 222 of the 
Communications Act of 1934 (47 U.S.C. 222)) for the 
purpose of requesting emergency services. 
(2) 
DISPATCHABLE
LOCATION.—The 
term 
‘‘dispatchable location’’ means the street address of 
the calling party, and additional information such as 
room number, floor number, or similar information 
necessary to adequately identify the location of the 
calling party. 
SEC. 507. NTIA STUDY ON INTERAGENCY PROCESS FOL-
LOWING CYBERSECURITY INCIDENTS. 
(a) IN GENERAL.—The Assistant Secretary of Com-
merce for Communications and Information shall complete 
a study on how the National Telecommunications and In-
1809 
formation Administration can best coordinate the inter-
agency process following cybersecurity incidents. 
(b) REPORT TO CONGRESS.—Not later than 18 months 
after the date of the enactment of this Act, the Assistant 
Secretary shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate a report detailing the findings and recommenda-
tions of the study conducted under subsection (a). 
SEC. 508. TRIBAL DIGITAL ACCESS. 
(a) TRIBAL BROADBAND DATA REPORT.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act, the Commission 
shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate a report evaluating broadband coverage in 
Indian country (as defined in section 1151 of title 18, 
United States Code) and on land held by a Native 
Corporation pursuant to the Alaska Native Claims 
Settlement Act. 
(2) REQUIRED
ASSESSMENTS.—The report re-
quired by paragraph (1) shall include the following: 
(A) An assessment of areas of Indian coun-
try (as so defined) and land held by a Native
1810 
Corporation pursuant to the Alaska Native 
Claims Settlement Act that have adequate 
broadband coverage. 
(B) An assessment of unserved areas of In-
dian country (as so defined) and land held by a 
Native Corporation pursuant to the Alaska Na-
tive Claims Settlement Act. 
(b) TRIBAL BROADBAND PROCEEDING.—Not later 
than 30 months after the date of the enactment of this Act, 
the Commission shall complete a proceeding to address the 
unserved areas identified in the report under subsection (a). 
SEC. 509. TERMS OF OFFICE AND VACANCIES. 
Section 4(c) of the Communications Act of 1934 (47 
U.S.C. 154(c)) is amended to read as follows: 
‘‘(c)(1) A commissioner— 
‘‘(A) shall be appointed for a term of 5 years; 
‘‘(B) except as provided in subparagraph (C), 
may continue to serve after the expiration of the fixed 
term of office of the commissioner until a successor is 
appointed and has been confirmed and taken the oath 
of office; and 
‘‘(C) may not continue to serve after the expira-
tion of the session of Congress that begins after the ex-
piration of the fixed term of office of the commis-
sioner.
1811 
‘‘(2) Any person chosen to fill a vacancy in the Com-
mission— 
‘‘(A) shall be appointed for the unexpired term 
of the commissioner that the person succeeds; 
‘‘(B) except as provided in subparagraph (C), 
may continue to serve after the expiration of the fixed 
term of office of the commissioner that the person suc-
ceeds until a successor is appointed and has been con-
firmed and taken the oath of office; and 
‘‘(C) may not continue to serve after the expira-
tion of the session of Congress that begins after the ex-
piration of the fixed term of office of the commissioner 
that the person succeeds. 
‘‘(3) No vacancy in the Commission shall impair the 
right of the remaining commissioners to exercise all the 
powers of the Commission.’’. 
SEC. 510. JOINT BOARD RECOMMENDATION. 
The Commission may not modify, amend, or change 
its rules or regulations for universal service support pay-
ments to implement the February 27, 2004, recommenda-
tions of the Federal-State Joint Board on Universal Service 
regarding single connection or primary line restrictions on 
universal service support payments.
1812 
SEC. 511. DISCLAIMER FOR PRESS RELEASES REGARDING 
NOTICES OF APPARENT LIABILITY. 
The Commission shall include in any press release re-
garding the issuance of a notice of apparent liability under 
section 503(b)(4) of the Communications Act of 1934 (47 
U.S.C. 503(b)(4)) a disclaimer informing consumers that— 
(1) the issuance of a notice of apparent liability 
should be treated only as allegations; and 
(2) the amount of any forfeiture penalty pro-
posed in a notice of apparent liability represents the 
maximum penalty that the Commission may impose 
for the violations alleged in the notice of apparent li-
ability. 
SEC. 512. REPORTS RELATED TO SPECTRUM AUCTIONS. 
(a) ESTIMATE
OF UPCOMING AUCTIONS.—Section 
309(j) of the Communications Act of 1934 (47 U.S.C. 
309(j)) is amended by adding at the end the following: 
‘‘(18) ESTIMATE OF UPCOMING AUCTIONS.— 
‘‘(A) Not later than September 30, 2018, 
and annually thereafter, the Commission shall 
make publicly available an estimate of what sys-
tems of competitive bidding authorized under 
this subsection may be initiated during the up-
coming 12-month period. 
‘‘(B) The estimate under subparagraph (A) 
shall, to the extent possible, identify the bands of
1813 
frequencies the Commission expects to be in-
cluded in each such system of competitive bid-
ding.’’. 
(b) AUCTION
EXPENDITURE
JUSTIFICATION
RE-
PORT.—Not later than April 1, 2019, and annually there-
after, the Commission shall provide to the appropriate com-
mittees of Congress a report containing a detailed justifica-
tion for the use of proceeds retained by the Commission 
under section 309(j)(8)(B) of the Communications Act of 
1934 (47 U.S.C. 309(j)(8)(B)) for the costs of developing 
and implementing the program required by section 309(j) 
of that Act. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘appropriate committees of Congress’’ means— 
(1) the Committee on Commerce, Science, and 
Transportation of the Senate; 
(2) the Committee on Appropriations of the Sen-
ate; 
(3) the Committee on Energy and Commerce of 
the House of Representatives; and 
(4) the Committee on Appropriations of the 
House of Representatives.
1814 
TITLE VI—MOBILE NOW 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Making Opportunities 
for Broadband Investment and Limiting Excessive and 
Needless Obstacles to Wireless Act’’ or the ‘‘MOBILE NOW 
Act’’. 
SEC. 602. DEFINITIONS. 
In this title: 
(1) APPROPRIATE COMMITTEES OF CONGRESS.— 
The term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; 
(B) the Committee on Energy and Com-
merce of the House of Representatives; and 
(C) each committee of the Senate or of the 
House of Representatives with jurisdiction over a 
Federal entity affected by the applicable section 
in which the term appears. 
(2) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal Communications Commission. 
(3) FEDERAL ENTITY.—The term ‘‘Federal enti-
ty’’ has the meaning given the term in section 113(l) 
of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(l)).
1815 
(4) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration of the Department of Commerce. 
(5) OMB.—The term ‘‘OMB’’ means the Office of 
Management and Budget. 
(6) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce. 
SEC. 603. IDENTIFYING 255 MEGAHERTZ. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Not later than December 31, 
2022, the Secretary, working through the NTIA, and 
the Commission shall identify a total of at least 255 
megahertz of Federal and non-Federal spectrum for 
mobile and fixed wireless broadband use. 
(2) UNLICENSED AND LICENSED USE.—Of the 
spectrum identified under paragraph (1), not less 
than— 
(A) 100 megahertz below the frequency of 
8000 megahertz shall be identified for use on an 
unlicensed basis; 
(B) 100 megahertz below the frequency of 
6000 megahertz shall be identified for use on an 
exclusive, licensed basis for commercial mobile 
use, pursuant to the Commission’s authority to 
implement such licensing in a flexible manner,
1816 
and subject to potential continued use of such 
spectrum by incumbent Federal entities in des-
ignated geographic areas indefinitely or for such 
length of time stipulated in transition plans ap-
proved by the Technical Panel under section 
113(h) of the National Telecommunications and 
Information Administration Organization Act 
(47 U.S.C. 923(h)) for those incumbent entities 
to be relocated to alternate spectrum; and 
(C) 55 megahertz below the frequency of 
8000 megahertz shall be identified for use on ei-
ther a licensed or unlicensed basis, or a combina-
tion of licensed and unlicensed. 
(3) NON-ELIGIBLE SPECTRUM.—For purposes of 
satisfying the requirement under paragraph (1), the 
following spectrum shall not be counted: 
(A) The frequencies between 1695 and 1710 
megahertz. 
(B) The frequencies between 1755 and 1780 
megahertz. 
(C) The frequencies between 2155 and 2180 
megahertz. 
(D) The frequencies between 3550 and 3700 
megahertz.
1817 
(E) Spectrum that the Commission deter-
mines had more than de minimis mobile or fixed 
wireless broadband operations within the band 
on the day before the date of enactment of this 
Act. 
(4) TREATMENT
OF
CERTAIN
OTHER
SPEC-
TRUM.—Spectrum identified pursuant to this section 
may include eligible spectrum, if any, identified after 
the date of enactment of this Act pursuant to title X 
of the Bipartisan Budget Act of 2015 (Public Law 
114–74). 
(5) SPECTRUM MADE AVAILABLE ON AND AFTER 
FEBRUARY 11, 2016.—Any spectrum that has been 
made available for licensed or unlicensed use on and 
after February 11, 2016, and that otherwise satisfies 
the requirements of this section may be counted to-
wards the requirements of this subsection. 
(6) RELOCATION PRIORITIZED OVER SHARING.— 
This section shall be carried out in accordance with 
section 113(j) of the National Telecommunications 
and Information Administration Organization Act 
(47 U.S.C. 923(j)). 
(7) CONSIDERATIONS.—In identifying spectrum 
for use under this section, the Secretary, working 
through the NTIA, and Commission shall consider—
1818 
(A) the need to preserve critical existing 
and planned Federal Government capabilities; 
(B) the impact on existing State, local, and 
tribal government capabilities; 
(C) the international implications; 
(D) the need for appropriate enforcement 
mechanisms and authorities; and 
(E) the importance of the deployment of 
wireless broadband services in rural areas of the 
United States. 
(b) RULES OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed— 
(1) to impair or otherwise affect the functions of 
the Director of OMB relating to budgetary, adminis-
trative, or legislative proposals; 
(2) to require the disclosure of classified informa-
tion, law enforcement sensitive information, or other 
information that must be protected in the interest of 
national security; or 
(3) to affect any requirement under section 156 
of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 
note), as added by section 1062(a) of the National De-
fense Authorization Act for Fiscal Year 2000, or any
1819 
other relevant statutory requirement applicable to the 
reallocation of Federal spectrum. 
SEC. 604. MILLIMETER WAVE SPECTRUM. 
(a) FCC PROCEEDING.—Not later than 2 years after 
the date of enactment of this Act, the Commission shall pub-
lish a notice of proposed rulemaking to consider service 
rules to authorize mobile or fixed terrestrial wireless oper-
ations, including for advanced mobile service operations, in 
the radio frequency band between 42000 and 42500 mega-
hertz. 
(b) CONSIDERATIONS.—In conducting a rulemaking 
under subsection (a), the Commission shall— 
(1) consider how the band described in subsection 
(a) may be used to provide commercial wireless 
broadband service, including whether— 
(A) such spectrum may be best used for li-
censed or unlicensed services, or some combina-
tion thereof; and 
(B) to permit additional licensed operations 
in such band on a shared basis; and 
(2) include technical characteristics under which 
the band described in subsection (a) may be employed 
for mobile or fixed terrestrial wireless operations, in-
cluding any appropriate coexistence requirements.
1820 
(c) SPECTRUM MADE AVAILABLE ON AND AFTER FEB-
RUARY 11, 2016.—Any spectrum that has been made avail-
able for licensed or unlicensed use on or after February 11, 
2016, and that otherwise satisfies the requirements of sec-
tion 603 of this title may be counted towards the require-
ments of section 603(a) of this title. 
SEC. 605. 3 GIGAHERTZ SPECTRUM. 
(a) BETWEEN 3100 MEGAHERTZ AND 3550 MEGA-
HERTZ.—Not later than 24 months after the date of enact-
ment of this Act, and in consultation with the Commission 
and the head of each affected Federal agency (or a designee 
thereof), the Secretary, working through the NTIA, shall 
submit to the Commission and the appropriate committees 
of Congress a report evaluating the feasibility of allowing 
commercial wireless services, licensed or unlicensed, to share 
use of the frequencies between 3100 megahertz and 3550 
megahertz. 
(b) BETWEEN 3700 MEGAHERTZ AND 4200 MEGA-
HERTZ.—Not later than 18 months after the date of enact-
ment of this Act, after notice and an opportunity for public 
comment, and in consultation with the Secretary, working 
through the NTIA, and the head of each affected Federal 
agency (or a designee thereof), the Commission shall submit 
to the Secretary and the appropriate committees of Congress 
a report evaluating the feasibility of allowing commercial
1821 
wireless services, licensed or unlicensed, to use or share use 
of the frequencies between 3700 megahertz and 4200 mega-
hertz. 
(c) REQUIREMENTS.—A report under subsection (a) or 
(b) shall include the following: 
(1) An assessment of the operations of Federal 
entities that operate Federal Government stations au-
thorized to use the frequencies described in that sub-
section. 
(2) An assessment of the possible impacts of such 
sharing on Federal and non-Federal users already op-
erating on the frequencies described in that sub-
section. 
(3) The criteria that may be necessary to ensure 
shared licensed or unlicensed services would not cause 
harmful interference to Federal or non-Federal users 
already operating in the frequencies described in that 
subsection. 
(4) If such sharing is feasible, an identification 
of which of the frequencies described in that subsection 
are most suitable for sharing with commercial wire-
less services through the assignment of new licenses by 
competitive bidding, for sharing with unlicensed oper-
ations, or through a combination of licensing and un-
licensed operations.
1822 
(d) COMMISSION ACTION.—The Commission, in con-
sultation with the NTIA, shall seek public comment on the 
reports required under subsections (a) and (b), including 
regarding the bands identified in such report as feasible 
pursuant to subsection (c)(4). 
SEC. 606. COMMUNICATIONS FACILITIES DEPLOYMENT ON 
FEDERAL PROPERTY. 
(a) IN GENERAL.—Section 6409 of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 1455) 
is amended by striking subsections (b), (c), and (d) and 
inserting the following: 
‘‘(b) FEDERAL EASEMENTS, RIGHTS-OF-WAY, AND 
LEASES.— 
‘‘(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, right-of-way, or lease to, in, over, or on a 
building or other property owned by the Federal Gov-
ernment for the right to install, construct, modify, or 
maintain a communications facility installation, the 
executive agency having control of the building or 
other property may grant to the applicant, on behalf 
of the Federal Government, subject to paragraph (3), 
an easement, right-of-way, or lease to perform such
1823 
installation, construction, modification, or mainte-
nance. 
‘‘(2) APPLICATION.— 
‘‘(A) IN GENERAL.—The Administrator of 
General Services shall develop a common form 
for applications for easements, rights-of-way, 
and leases under paragraph (1) for all executive 
agencies that, except as provided in subpara-
graph (B), shall be used by all executive agencies 
and applicants with respect to the buildings or 
other property of each such agency. 
‘‘(B) EXCEPTION.—The requirement under 
subparagraph (A) for an executive agency to use 
the common form developed by the Administrator 
of General Services shall not apply to an execu-
tive agency if the head of an executive agency 
notifies the Administrator that the executive 
agency uses a substantially similar application. 
‘‘(3) 
TIMELY
CONSIDERATION
OF
APPLICA-
TIONS.— 
‘‘(A) IN
GENERAL.—Not later than 270 
days after the date on which an executive agency 
receives a duly filed application for an easement, 
right-of-way, or lease under this subsection, the 
executive agency shall—
1824 
‘‘(i) grant or deny, on behalf of the 
Federal Government, the application; and 
‘‘(ii) notify the applicant of the grant 
or denial. 
‘‘(B) EXPLANATION OF DENIAL.—If an exec-
utive agency denies an application under sub-
paragraph (A), the executive agency shall notify 
the applicant in writing, including a clear state-
ment of the reasons for the denial. 
‘‘(C) APPLICABILITY
OF
ENVIRONMENTAL 
LAWS.—Nothing in this paragraph shall be con-
strued to relieve an executive agency of the re-
quirements of division A of subtitle III of title 
54, United States Code, or the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.). 
‘‘(D) POINT OF CONTACT.—Upon receiving 
an application under subparagraph (A), an exec-
utive agency shall designate one or more appro-
priate individuals within the executive agency to 
act as a point of contact with the applicant. 
‘‘(c) MASTER CONTRACTS FOR COMMUNICATIONS FA-
CILITY INSTALLATION SITINGS.— 
‘‘(1) IN GENERAL.—Notwithstanding section 704 
of the Telecommunications Act of 1996 (Public Law
1825 
104–104; 110 Stat. 151) or any other provision of 
law, the Administrator of General Services shall— 
‘‘(A) develop one or more master contracts 
that shall govern the placement of communica-
tions facility installations on buildings and 
other property owned by the Federal Govern-
ment; and 
‘‘(B) in developing the master contract or 
contracts, standardize the treatment of the place-
ment of communications facility installations on 
building rooftops or facades, the placement of 
communications facility installations on rooftops 
or inside buildings, the technology used in con-
nection with communications facility installa-
tions placed on Federal buildings and other 
property, and any other key issues the Adminis-
trator 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 Administrator of 
General Services decides that issues with respect to 
the siting of a communications facility installation 
on a specific building or other property warrant non-
1826 
standard treatment of such building or other prop-
erty. 
‘‘(3) APPLICATION.— 
‘‘(A) IN GENERAL.—The Administrator of 
General Services shall develop a common form or 
set of forms for communications facility installa-
tion siting applications that, except as provided 
in subparagraph (B), shall be used by all execu-
tive agencies and applicants with respect to the 
buildings and other property of each such agen-
cy. 
‘‘(B) EXCEPTION.—The requirement under 
subparagraph (A) for an executive agency to use 
the common form or set of forms developed by the 
Administrator of General Services shall not 
apply to an executive agency if the head of the 
executive agency notifies the Administrator that 
the executive agency uses a substantially similar 
application. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) 
COMMUNICATIONS
FACILITY
INSTALLA-
TION.—The term ‘communications facility installa-
tion’ includes— 
‘‘(A) any infrastructure, including any 
transmitting device, tower, or support structure,
1827 
and any equipment, switches, wiring, cabling, 
power sources, shelters, or cabinets, associated 
with the licensed or permitted unlicensed wireless 
or wireline transmission of writings, signs, sig-
nals, data, images, pictures, and sounds of all 
kinds; and 
‘‘(B) any antenna or apparatus that— 
‘‘(i) is designed for the purpose of 
emitting radio frequency; 
‘‘(ii) is designed to be operated, or is 
operating, from a fixed location pursuant to 
authorization by the Federal Communica-
tions Commission or is using duly author-
ized devices that do not require individual 
licenses; and 
‘‘(iii) is added to a tower, building, or 
other structure. 
‘‘(2) EXECUTIVE AGENCY.—The term ‘executive 
agency’ has the meaning given such term in section 
102 of title 40, United States Code.’’. 
(b) SAVINGS PROVISION.—An application for an ease-
ment, right-of-way, or lease that was made or granted under 
section 6409 of the Middle Class Tax Relief and Job Cre-
ation Act of 2012 (47 U.S.C. 1455) before the date of enact-
1828 
ment of this Act shall continue, subject to that section as 
in effect on the day before such date of enactment. 
(c) STREAMLINING BROADBAND FACILITY APPLICA-
TIONS.— 
(1) DEFINITION OF COMMUNICATIONS FACILITY 
INSTALLATION.—In this subsection, the term ‘‘commu-
nications facility installation’’ has the meaning given 
the term in section 6409(d) of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 
1455(d)), as amended by subsection (a). 
(2) RECOMMENDATIONS.— 
(A) IN GENERAL.—Not later than 2 years 
after the date of enactment of this Act, the NTIA, 
in coordination with the Department of the Inte-
rior, the Department of Agriculture, the Depart-
ment of Defense, the Department of Transpor-
tation, OMB, and the General Services Adminis-
tration, 
shall 
develop 
recommendations 
to 
streamline the process for considering applica-
tions by those agencies under section 6409(b) of 
the Middle Class Tax Relief and Job Creation 
Act of 2012 (47 U.S.C. 1455(b)), as amended by 
subsection (a).
1829 
(B) REQUIREMENTS
FOR
RECOMMENDA-
TIONS.—The recommendations developed under 
subparagraph (A) shall include— 
(i) procedures for the tracking of appli-
cations described in subparagraph (A); 
(ii) methods by which to reduce the 
amount of time between the receipt of an 
application and the issuance of a final deci-
sion on an application; 
(iii) policies to expedite renewals of an 
easement, license, or other authorization to 
locate communications facility installations 
on land managed by the agencies described 
in subparagraph (A); and 
(iv) policies that would prioritize or 
streamline a permit for construction in a 
previously-disturbed right-of-way. 
(C) REPORT TO CONGRESS.—Not later than 
2 years after the date on which the recommenda-
tions required under subparagraph (A) are devel-
oped, the NTIA shall submit to the Committee on 
Commerce, Science, and Transportation of the 
Senate, the Committee on Homeland Security 
and Governmental Affairs of the Senate, the 
Committee on Energy and Commerce of the
1830 
House of Representatives, the Committee on 
Transportation and Infrastructure of the House 
of Representatives, and the Committee on Over-
sight and Government Reform of the House of 
Representatives a report that describes— 
(i) the status of the implementation of 
the recommendations developed under sub-
paragraph (A); and 
(ii) any improvements to the process 
for considering applications described in 
subparagraph (A) that have resulted from 
those recommendations, including in par-
ticular the speed at which such applications 
are reviewed and a final determination is 
issued. 
(d) ADDITIONAL SAVINGS PROVISIONS.— 
(1) REAL PROPERTY AUTHORITIES.—Nothing in 
this section, or the amendments made by this section, 
shall be construed as providing any executive agency 
with any new leasing or other real property authori-
ties not existing prior to the date of enactment of this 
Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section, or the amendments made by this section, and 
no actions taken pursuant to this section, or the
1831 
amendments made by this section, shall impact a de-
cision or determination by any executive agency to 
sell, dispose of, declare excess or surplus, lease, reuse, 
or redevelop any Federal real property pursuant to 
title 40, United States Code, the Federal Assets Sale 
and Transfer Act of 2016 (Public Law 114–287), or 
any other law governing real property activities of 
the Federal Government. No agreement entered into 
pursuant to this section, or the amendments made by 
this section, may obligate the Federal Government to 
hold, control, or otherwise retain or use real property 
that may otherwise be deemed as excess, surplus, or 
that could be otherwise sold, leased, or redeveloped. 
SEC. 607. BROADBAND INFRASTRUCTURE DEPLOYMENT. 
(a) DEFINITIONS.—In this section: 
(1) APPROPRIATE
STATE
AGENCY.—The term 
‘‘appropriate State agency’’ means a State govern-
mental agency that is recognized by the executive 
branch of the State as having the experience necessary 
to evaluate and carry out projects relating to the 
proper and effective installation and operation of 
broadband infrastructure. 
(2) BROADBAND
INFRASTRUCTURE.—The term 
‘‘broadband infrastructure’’ means any buried, under-
ground, or aerial facility, and any wireless or
1832 
wireline connection, that enables users to send and re-
ceive voice, video, data, graphics, or any combination 
thereof. 
(3) BROADBAND INFRASTRUCTURE ENTITY.—The 
term ‘‘broadband infrastructure entity’’ means any 
entity that— 
(A) installs, owns, or operates broadband 
infrastructure; and 
(B) provides broadband services in a man-
ner consistent with the public interest, conven-
ience, and necessity, as determined by the State. 
(4) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) the District of Columbia; and 
(C) the Commonwealth of Puerto Rico. 
(b) BROADBAND INFRASTRUCTURE DEPLOYMENT.—To 
facilitate the installation of broadband infrastructure, the 
Secretary of Transportation shall promulgate regulations to 
ensure that each State that receives funds under chapter 
1 of title 23, United States Code, meets the following re-
quirements: 
(1) BROADBAND CONSULTATION.—The State de-
partment of transportation, in consultation with ap-
propriate State agencies, shall—
1833 
(A) identify a broadband utility coordi-
nator, that may have additional responsibilities, 
whether in the State department of transpor-
tation or in another State agency, that is re-
sponsible for facilitating the broadband infra-
structure right-of-way efforts within the State; 
(B) establish a process for the registration 
of broadband infrastructure entities that seek to 
be included in those broadband infrastructure 
right-of-way facilitation efforts within the State; 
(C) establish a process to electronically no-
tify broadband infrastructure entities identified 
under subparagraph (B) of the State transpor-
tation improvement program on an annual basis 
and provide additional notifications as necessary 
to achieve the goals of this section; and 
(D) coordinate initiatives carried out under 
this section with other statewide telecommuni-
cation and broadband plans and State and local 
transportation and land use plans, including 
strategies to minimize repeated excavations that 
involve the installation of broadband infrastruc-
ture in a right-of-way. 
(2) PRIORITY.—If a State chooses to provide for 
the installation of broadband infrastructure in the
1834 
right-of-way of an applicable Federal-aid highway 
project under this subsection, the State department of 
transportation shall carry out any appropriate meas-
ures to ensure that any existing broadband infra-
structure entities are not disadvantaged, as compared 
to other broadband infrastructure entities, with re-
spect to the program under this subsection. 
(c) EFFECT OF SECTION.—This section applies only 
to activities for which Federal obligations or expenditures 
are initially approved on or after the date regulations 
under subsection (b) become effective. Nothing in this sec-
tion establishes a mandate or requirement that a State in-
stall or allow the installation of broadband infrastructure 
in a highway right-of-way. Nothing in this section author-
izes the Secretary of Transportation to withhold or reserve 
funds or approval of a project under title 23, United States 
Code. 
SEC. 608. COMMUNICATIONS FACILITIES INSTALLATION. 
(a) IN GENERAL.—Section 21 of the Federal Assets 
Sale and Transfer Act of 2016 (40 U.S.C. 1303 note) is 
amended— 
(1) in subsection (b), by adding at the end the 
following: 
‘‘(8) The ability of the Federal real property to 
support a communications facility installation.’’; and
1835 
(2) by adding at the end the following: 
‘‘(f) DEFINITION OF COMMUNICATIONS FACILITY IN-
STALLATION.—In this section, the term ‘communications fa-
cility installation’ means— 
‘‘(1) any infrastructure, including any transmit-
ting device, tower, or support structure, and any 
equipment, switches, wiring, cabling, power sources, 
shelters, or cabinets associated with the licensed or 
permitted unlicensed wireless or wireline trans-
mission of writings, signs, signals, data, images, pic-
tures, and sounds of any kind; and 
‘‘(2) any antenna or apparatus that— 
‘‘(A) is designed for the purpose of emitting 
radio frequency; 
‘‘(B) is designed to be operated, or is oper-
ating, from a fixed location pursuant to author-
ization by the Federal Communications Commis-
sion or is using duly authorized devices that do 
not require individual licenses; and 
‘‘(C) is added to a tower, building, or other 
structure.’’. 
(b) PUBLIC COMMENT.— 
(1) IN GENERAL.—Not later than 60 days after 
the date of enactment of this Act, the Administrator 
of General Services shall issue a notice for public
1836 
comment regarding the inclusion of a communica-
tions facility installation under section 21 of the Fed-
eral Assets Sale and Transfer Act of 2016 (40 U.S.C. 
1303 note), as amended by subsection (a) of this sec-
tion. 
(2) CONTENTS.—In seeking public comment 
under paragraph (1), the Administrator shall include 
a request for recommendations on— 
(A) the criteria that make Federal real 
property capable of supporting communications 
facility installations; 
(B) the types of information related to the 
Federal real property that should be included in 
the database; and 
(C) other matters that the Administrator 
determines necessary. 
(c) PROVISION OF INFORMATION.— 
(1) IN GENERAL.—Not later than 90 days after 
the period for public comment under subsection (b)(1) 
ends, the Administrator of General Services shall no-
tify the head of each Executive agency of the manner 
and format for submitting such information as the 
Administrator determines appropriate to the database 
established under section 21 of the Federal Assets Sale
1837 
and Transfer Act of 2016 (40 U.S.C. 1303 note), as 
amended by subsection (a) of this section. 
(2) SUBMISSION.—Not later than 90 days after 
the date of the notification under paragraph (1), the 
head of an Executive agency shall submit the infor-
mation required under paragraph (1). 
(d) STATE AND LOCAL GOVERNMENTS.— 
(1) IN GENERAL.—The Administrator of General 
Services, in consultation with the Chairman of the 
Commission, the Assistant Secretary of Commerce for 
Communications and Information, the Under Sec-
retary of Commerce for Standards and Technology, 
and the Director of OMB, shall study— 
(A) how to incentivize State and local gov-
ernments to provide the Administrator with in-
formation, similar to the information required 
under subsection (c)(1), for inclusion in the 
database described in that subsection; and 
(B) the feasibility of establishing or oper-
ating a database to which State and local gov-
ernments can voluntarily submit such informa-
tion. 
(2) REPORT ON INCENTIVIZING PARTICIPATION 
BY STATE AND LOCAL GOVERNMENTS.—
1838 
(A) IN GENERAL.—Not later than 1 year 
after the date of enactment of this Act, the Ad-
ministrator of General Services, in consultation 
with the Chairman of the Commission, the As-
sistant Secretary of Commerce for Communica-
tions and Information, the Under Secretary of 
Commerce for Standards and Technology, and 
the Director of OMB, shall submit to the Com-
mittee on Commerce, Science, and Transpor-
tation and the Committee on Homeland Security 
and Governmental Affairs of the Senate, and the 
Committee on Energy and Commerce, the Com-
mittee on Transportation and Infrastructure, 
and the Committee on Oversight and Govern-
ment Reform of the House of Representatives a 
report on the findings of the study under para-
graph (1), including recommendations, if any, 
consistent with this section. 
(B) CONSIDERATIONS.—The Administrator 
of General Services, in preparing the report 
under subparagraph (A), shall— 
(i) consult with State and local govern-
ments, or their representatives, to identify 
for inclusion in the report the most cost-ef-
fective options for State and local govern-
1839 
ments to collect and provide the information 
described in paragraph (1), including uti-
lizing and leveraging State broadband ini-
tiatives and programs; and 
(ii) make recommendations on ways 
the Federal Government can assist State 
and local governments in collecting and 
providing the information described in 
paragraph (1). 
(e) SAVINGS PROVISIONS.— 
(1) REAL PROPERTY AUTHORITIES.—Nothing in 
this section, or an amendment made by this section, 
shall be construed as providing any Executive agency 
with any new leasing or other real property authority 
that did not exist prior to the date of enactment of 
this Act. 
(2) EFFECT ON OTHER LAWS.—Nothing in this 
section, or an amendment made by this section, and 
no information submitted pursuant to this section, or 
pursuant to an amendment made by this section, 
shall be used to prevent or otherwise restrict a deci-
sion or determination by any Executive agency to 
sell, dispose of, declare excess or surplus, lease, reuse 
or redevelop any Federal real property pursuant to— 
(A) title 40 of the United States Code;
1840 
(B) the Federal Assets Sale and Transfer 
Act of 2016 (40 U.S.C. 1303 note); or 
(C) any other law governing real property 
activities of the Federal Government. 
SEC. 609. REALLOCATION INCENTIVES. 
(a) IN GENERAL.—Not later than 24 months after the 
date of enactment of this Act, the Assistant Secretary of 
Commerce for Communications and Information, in con-
sultation with the Commission, the Director of OMB, and 
the head of each affected Federal agency (or a designee 
thereof), after notice and an opportunity for public com-
ment, shall submit to the appropriate committees of Con-
gress a report that includes legislative or regulatory rec-
ommendations to incentivize a Federal entity to relinquish, 
or share with Federal or non-Federal users, Federal spec-
trum for the purpose of allowing commercial wireless 
broadband services to operate on that Federal spectrum. 
(b) POST-AUCTION PAYMENTS.— 
(1) REPORT.—In preparing the report under 
subsection (a), the Assistant Secretary of Commerce 
for Communications and Information shall— 
(A) consider whether permitting eligible 
Federal entities that are implementing a transi-
tion plan submitted under section 113(h) of the 
National Telecommunications and Information
1841 
Administration Organization Act (47 U.S.C. 
923(h)) to accept payments could result in access 
to the eligible frequencies that are being reallo-
cated for exclusive non-Federal use or shared use 
sooner than would otherwise occur without such 
payments; and 
(B) include the findings under subpara-
graph (A), including the analysis under para-
graph (2) and any recommendations for legisla-
tion, in the report. 
(2) ANALYSIS.—In considering payments under 
paragraph (1)(A), the Assistant Secretary of Com-
merce for Communications and Information shall 
conduct an analysis of whether and how such pay-
ments would affect— 
(A) bidding in auctions conducted under 
section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)) of such eligible fre-
quencies; and 
(B) receipts collected from the auctions de-
scribed in subparagraph (A). 
(3) DEFINITIONS.—In this subsection: 
(A) PAYMENT.—The term ‘‘payment’’ means 
a payment in cash or in-kind by any auction 
winner, or any person affiliated with an auction
1842 
winner, of eligible frequencies during the period 
after eligible frequencies have been reallocated by 
competitive bidding under section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)) 
but prior to the completion of relocation or shar-
ing transition of such eligible frequencies per 
transition plans approved by the Technical 
Panel. 
(B) ELIGIBLE
FREQUENCIES.—The term 
‘‘eligible frequencies’’ has the meaning given the 
term in section 113(g)(2) of the National Tele-
communications and Information Administra-
tion Organization Act (47 U.S.C. 923(g)(2)). 
SEC. 610. BIDIRECTIONAL SHARING STUDY. 
(a) IN GENERAL.—Not later than 18 months after the 
date of enactment of this Act, including an opportunity for 
public comment, the Commission, in collaboration with the 
NTIA, shall— 
(1) conduct a bidirectional sharing study to de-
termine the best means of providing Federal entities 
flexible access to non-Federal spectrum on a shared 
basis across a range of short-, mid-, and long-range 
timeframes, including for intermittent purposes like 
emergency use; and
1843 
(2) submit to Congress a report on the study 
under paragraph (1), including any recommendations 
for legislation or proposed regulations. 
(b) CONSIDERATIONS.—In conducting the study under 
subsection (a), the Commission shall— 
(1) consider the regulatory certainty that com-
mercial spectrum users and Federal entities need to 
make longer-term investment decisions for shared ac-
cess to be viable; and 
(2) evaluate any barriers to voluntary commer-
cial arrangements in which non-Federal users could 
provide access to Federal entities. 
SEC. 611. UNLICENSED SERVICES IN GUARD BANDS. 
(a) IN GENERAL.—After public notice and comment, 
and in consultation with the Assistant Secretary of Com-
merce for Communications and Information and the head 
of each affected Federal agency (or a designee thereof), with 
respect to frequencies allocated for Federal use, the Commis-
sion shall adopt rules that permit unlicensed services where 
feasible to use any frequencies that are designated as guard 
bands to protect frequencies allocated after the date of enact-
ment of this Act by competitive bidding under section 309(j) 
of the Communications Act of 1934 (47 U.S.C. 309(j)), in-
cluding spectrum that acts as a duplex gap between trans-
mit and receive frequencies.
1844 
(b) LIMITATION.—The Commission may not permit 
any use of a guard band under this section that would cause 
harmful interference to a licensed service or a Federal serv-
ice. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
shall be construed as limiting the Commission or the Assist-
ant Secretary of Commerce for Communications and Infor-
mation from otherwise making spectrum available for li-
censed or unlicensed use in any frequency band in addition 
to guard bands, including under section 603 of this title, 
consistent with their statutory jurisdictions. 
SEC. 612. PRE-AUCTION FUNDING. 
Section 118(d)(3)(B)(i)(II) of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 928(d)(3)(B)(i)(II)) is amended by 
striking ‘‘5 years’’ and inserting ‘‘8 years’’. 
SEC. 613. IMMEDIATE TRANSFER OF FUNDS. 
Section 118(e)(1) of the National Telecommunications 
and Information Administration Organization Act (47 
U.S.C. 928(e)(1)) is amended by adding at the end the fol-
lowing: 
‘‘(D) At the request of an eligible Federal 
entity, the Director of the Office of Management 
and Budget (in this subsection referred to as
1845 
‘OMB’) may transfer the amount under subpara-
graph (A) immediately— 
‘‘(i) after the frequencies are reallo-
cated by competitive bidding under section 
309(j) of the Communications Act of 1934 
(47 U.S.C. 309(j)); or 
‘‘(ii) in the case of an incumbent Fed-
eral entity that is incurring relocation or 
sharing costs to accommodate sharing spec-
trum frequencies with another Federal enti-
ty, after the frequencies from which the 
other eligible Federal entity is relocating 
are reallocated by competitive bidding 
under section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j)), without re-
gard to the availability of such sums in the 
Fund. 
‘‘(E) Prior to the deposit of proceeds into 
the Fund from an auction, the Director of OMB 
may borrow from the Treasury the amount 
under subparagraph (A) for a transfer under 
subparagraph (D). The Treasury shall imme-
diately be reimbursed, without interest, from 
funds deposited into the Fund.’’.
1846 
SEC. 614. AMENDMENTS TO THE SPECTRUM PIPELINE ACT 
OF 2015. 
Section 1008 of the Spectrum Pipeline Act of 2015 
(Public Law 114–74; 129 Stat. 584) is amended in the mat-
ter preceding paragraph (1) by inserting ‘‘, after notice and 
an opportunity for public comment,’’ after ‘‘the Commis-
sion’’. 
SEC. 615. GAO ASSESSMENT OF UNLICENSED SPECTRUM 
AND WI-FI USE IN LOW-INCOME NEIGHBOR-
HOODS. 
(a) STUDY.— 
(1) IN GENERAL.—The Comptroller General of 
the United States shall conduct a study to evaluate 
the availability of broadband Internet access using 
unlicensed spectrum and wireless networks in low-in-
come neighborhoods. 
(2) REQUIREMENTS.—In conducting the study 
under paragraph (1), the Comptroller General shall 
consider and evaluate— 
(A) the availability of wireless Internet hot 
spots and access to unlicensed spectrum in low- 
income neighborhoods, particularly for elemen-
tary and secondary school-aged children in such 
neighborhoods;
1847 
(B) any barriers preventing or limiting the 
deployment and use of wireless networks in low- 
income neighborhoods; 
(C) how to overcome any barriers described 
in subparagraph (B), including through incen-
tives, policies, or requirements that would in-
crease the availability of unlicensed spectrum 
and related technologies in low-income neighbor-
hoods; and 
(D) how to encourage home broadband 
adoption by households with elementary and sec-
ondary school-age children that are in low-in-
come neighborhoods. 
(b) REPORT.—Not later than 1 year after the date of 
enactment of this Act, the Comptroller General shall submit 
to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Energy and 
Commerce of the House of Representatives a report that— 
(1) summarizes the findings of the study con-
ducted under subsection (a); and 
(2) makes recommendations with respect to po-
tential incentives, policies, and requirements that 
could help achieve the goals described in subpara-
graphs (C) and (D) of subsection (a)(2).
1848 
SEC. 616. RULEMAKING RELATED TO PARTITIONING OR 
DISAGGREGATING LICENSES. 
(a) DEFINITIONS.—In this section: 
(1) COVERED SMALL CARRIER.—The term ‘‘cov-
ered small carrier’’ means a carrier (as defined in 
section 3 of the Communications Act of 1934 (47 
U.S.C. 153)) that— 
(A) has not more than 1,500 employees (as 
determined under section 121.106 of title 13, 
Code of Federal Regulations, or any successor 
thereto); and 
(B) offers services using the facilities of the 
carrier. 
(2) RURAL AREA.—The term ‘‘rural area’’ means 
any area other than— 
(A) a city, town, or incorporated area that 
has a population of more than 20,000 inhab-
itants; or 
(B) an urbanized area contiguous and adja-
cent to a city or town that has a population of 
more than 50,000 inhabitants. 
(b) RULEMAKING.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this Act, the Commission 
shall initiate a rulemaking proceeding to assess 
whether to establish a program, or modify existing
1849 
programs, under which a licensee that receives a li-
cense for the exclusive use of spectrum in a specific 
geographic area under section 301 of the Communica-
tions Act of 1934 (47 U.S.C. 301) may partition or 
disaggregate the license by sale or long-term lease— 
(A) in order to— 
(i) provide services consistent with the 
license; and 
(ii) make unused spectrum available 
to— 
(I) an unaffiliated covered small 
carrier; or 
(II) an unaffiliated carrier to 
serve a rural area; and 
(B) if the Commission finds that such a 
program would promote— 
(i) the availability of advanced tele-
communications services in rural areas; or 
(ii) spectrum availability for covered 
small carriers. 
(2) CONSIDERATIONS.—In conducting the rule-
making proceeding under paragraph (1), the Commis-
sion shall consider, with respect to the program pro-
posed to be established under that paragraph—
1850 
(A) whether reduced performance require-
ments with respect to spectrum obtained through 
the program would facilitate deployment of ad-
vanced telecommunications services in the areas 
covered by the program; 
(B) what conditions may be needed on 
transfers of spectrum under the program to allow 
covered small carriers that obtain spectrum 
under the program to build out the spectrum in 
a reasonable period of time; 
(C) what incentives may be appropriate to 
encourage licensees to lease or sell spectrum, in-
cluding— 
(i) extending the term of a license 
granted under section 301 of the Commu-
nications Act of 1934 (47 U.S.C. 301); or 
(ii) modifying performance require-
ments of the license relating to the leased or 
sold spectrum; and 
(D) the administrative feasibility of— 
(i) the incentives described in subpara-
graph (C); and 
(ii) other incentives considered by the 
Commission that further the goals of this 
section.
1851 
(3) FORFEITURE
OF
SPECTRUM.—If a party 
fails to meet any build out requirements set by the 
Commission for any spectrum sold or leased under 
this section, the right to the spectrum shall be forfeited 
to the Commission unless the Commission finds that 
there is good cause for the failure of the party. 
(4) REQUIREMENT.—The Commission may offer 
a licensee incentives or reduced performance require-
ments under this section only if the Commission finds 
that doing so would likely result in increased avail-
ability of advanced telecommunications services in a 
rural area. 
SEC. 617. UNLICENSED SPECTRUM POLICY. 
(a) STATEMENT OF POLICY.—It is the policy of the 
United States— 
(1) to maximize the benefit to the people of the 
United States of the spectrum resources of the United 
States; 
(2) to advance innovation and investment in 
wireless broadband services; and 
(3) to promote spectrum policy that makes avail-
able on an unlicensed basis radio frequency bands to 
address consumer demand for unlicensed wireless 
broadband operations.
1852 
(b) COMMISSION RESPONSIBILITIES.—The Commis-
sion shall ensure that the efforts of the Commission related 
to spectrum allocation and assignment made available on 
an unlicensed basis radio frequency bands to address de-
mand for unlicensed wireless broadband operations if doing 
so is, after taking into account the future needs of homeland 
security, national security, and other spectrum users— 
(1) reasonable; and 
(2) in the public interest. 
(c) RULE OF CONSTRUCTION.—Nothing in this section 
confers any additional rights on unlicensed users or users 
licensed by rule under part 96 of title 47, Code of Federal 
Regulations, to protection from harmful interference. 
SEC. 618. NATIONAL PLAN FOR UNLICENSED SPECTRUM. 
(a) DEFINITIONS.—In this section: 
(1) SPECTRUM
RELOCATION
FUND.—The term 
‘‘Spectrum Relocation Fund’’ means the Fund estab-
lished under section 118 of the National Tele-
communications and Information Administration Or-
ganization Act (47 U.S.C. 928). 
(2) UNLICENSED OR LICENSED BY RULE OPER-
ATIONS.—The term ‘‘unlicensed or licensed by rule 
operations’’ means the use of spectrum on a non-ex-
clusive basis under—
1853 
(A) part 15 of title 47, Code of Federal Reg-
ulations; or 
(B) licensing by rule under part 96 of title 
47, Code of Federal Regulations. 
(b) NATIONAL PLAN.—Not later than 18 months after 
the date of enactment of this Act, the Commission, in con-
sultation with the NTIA, shall develop a national plan for 
making additional radio frequency bands available for un-
licensed or licensed by rule operations. 
(c) REQUIREMENTS.—The plan developed under this 
section shall— 
(1) identify an approach that ensures that con-
sumers have access to additional spectrum to conduct 
unlicensed or licensed by rule operations in a range 
of radio frequencies to meet consumer demand; 
(2) recommend specific actions by the Commis-
sion and the NTIA to permit unlicensed or licensed 
by rule operations in additional radio frequency 
ranges that the Commission finds— 
(A) are consistent with the statement of pol-
icy under section 617(a) of this title; 
(B) will— 
(i) expand opportunities for unlicensed 
or licensed by rule operations in a spectrum 
band; or
1854 
(ii) otherwise improve spectrum utili-
zation and intensity of use of bands where 
unlicensed or licensed by rule operations are 
already permitted; 
(C) will not cause harmful interference to 
Federal or non-Federal users of such bands; and 
(D) will not significantly impact homeland 
security or national security communications 
systems; and 
(3) examine additional ways, with respect to ex-
isting and planned databases or spectrum access sys-
tems designed to promote spectrum sharing and access 
to spectrum for unlicensed or licensed by rule oper-
ations— 
(A) to improve accuracy and efficacy; 
(B) to reduce burdens on consumers, manu-
facturers, and service providers; and 
(C) to protect sensitive Government infor-
mation. 
(d) SPECTRUM RELOCATION FUND.—To be included as 
an appendix as part of the plan developed under this sec-
tion, the NTIA, in consultation with the Director of the Of-
fice of Management and Budget, shall share with the Com-
mission recommendations about how to reform the Spec-
trum Relocation Fund—
1855 
(1) to address costs incurred by Federal entities 
related to sharing radio frequency bands with radio 
technologies conducting unlicensed or licensed by rule 
operations; and 
(2) to ensure the Spectrum Relocation Fund has 
sufficient funds to cover— 
(A) the costs described in paragraph (1); 
and 
(B) other expenditures allowed of the Spec-
trum Relocation Fund under section 118 of the 
National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 
928). 
(e) REPORT REQUIRED.— 
(1) IN
GENERAL.—Not later than 18 months 
after the date of enactment of this Act, the Commis-
sion shall submit to the appropriate committees of 
Congress a report that describes the plan developed 
under this section, including any recommendations 
for legislative change. 
(2) PUBLICATION
ON
COMMISSION
WEBSITE.— 
Not later than the date on which the Commission sub-
mits the report under paragraph (1), the Commission 
shall make the report publicly available on the website 
of the Commission.
1856 
(f) RULE OF CONSTRUCTION.—Nothing in this section 
confers any additional rights on unlicensed users or users 
licensed by rule under part 96 of title 47, Code of Federal 
Regulations, to protection from harmful interference. 
SEC. 619. SPECTRUM CHALLENGE PRIZE. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Spectrum Challenge Prize Act’’. 
(b) DEFINITION OF PRIZE COMPETITION.—In this sec-
tion, the term ‘‘prize competition’’ means a prize competi-
tion conducted by the Secretary under subsection (c)(1). 
(c) SPECTRUM CHALLENGE PRIZE.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Assistant Secretary of Commerce for Com-
munications and Information and the Under Sec-
retary of Commerce for Standards and Technology, 
shall, subject to the availability of funds for prize 
competitions under this section— 
(A) conduct prize competitions to dramati-
cally accelerate the development and commer-
cialization of technology that improves spectrum 
efficiency and is capable of cost-effective deploy-
ment; and 
(B) define a measurable set of performance 
goals for participants in the prize competitions 
to demonstrate their solutions on a level playing
1857 
field while making a significant advancement 
over the current state of the art. 
(2) AUTHORITY
OF
SECRETARY.—In carrying 
out paragraph (1), the Secretary may— 
(A) enter into a grant, contract, cooperative 
agreement, or other agreement with a private 
sector for-profit or nonprofit entity to administer 
the prize competitions; 
(B) invite the Defense Advanced Research 
Projects Agency, the Commission, the National 
Aeronautics and Space Administration, the Na-
tional Science Foundation, or any other Federal 
agency to provide advice and assistance in the 
design or administration of the prize competi-
tions; and 
(C) award not more than $5,000,000, in the 
aggregate, to the winner or winners of the prize 
competitions. 
(d) CRITERIA.—Not later than 180 days after the date 
on which funds for prize competitions are made available 
pursuant to this section, the Commission shall publish a 
technical paper on spectrum efficiency providing criteria 
that may be used for the design of the prize competitions.
1858 
(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 620. WIRELESS TELECOMMUNICATIONS TAX AND FEE 
COLLECTION FAIRNESS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Wireless Telecommunications Tax and Fee Collection 
Fairness Act’’. 
(b) DEFINITIONS.—In this section: 
(1) FINANCIAL TRANSACTION.—The term ‘‘finan-
cial transaction’’ means a transaction in which the 
purchaser or user of a wireless telecommunications 
service upon whom a tax, fee, or surcharge is imposed 
gives cash, credit, or any other exchange of monetary 
value or consideration to the person who is required 
to collect or remit the tax, fee, or surcharge. 
(2) LOCAL JURISDICTION.—The term ‘‘local ju-
risdiction’’ means a political subdivision of a State. 
(3) STATE.—The term ‘‘State’’ means any of the 
several States, the District of Columbia, and any ter-
ritory or possession of the United States. 
(4) STATE OR LOCAL JURISDICTION.—The term 
‘‘State or local jurisdiction’’ includes any govern-
mental entity or person acting on behalf of a State
1859 
or local jurisdiction that has the authority to assess, 
impose, levy, or collect taxes or fees. 
(5) 
WIRELESS
TELECOMMUNICATIONS
SERV-
ICE.—The term ‘‘wireless telecommunications service’’ 
means a commercial mobile radio service, as defined 
in section 20.3 of title 47, Code of Federal Regula-
tions, or any successor thereto. 
(c) FINANCIAL TRANSACTION REQUIREMENT.— 
(1) IN GENERAL.—A State, or a local jurisdic-
tion of a State, may not require a person who is nei-
ther a resident of such State or local jurisdiction nor 
an entity having its principal place of business in 
such State or local jurisdiction to collect from, or 
remit on behalf of, any other person a State or local 
tax, fee, or surcharge imposed on a purchaser or user 
with respect to the purchase or use of any wireless 
telecommunications service within the State unless the 
collection or remittance is in connection with a finan-
cial transaction. 
(2) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed to affect the right of a 
State or local jurisdiction to require the collection of 
any tax, fee, or surcharge in connection with a finan-
cial transaction. 
(d) ENFORCEMENT.—
1860 
(1) PRIVATE RIGHT OF ACTION.—Any person ag-
grieved by a violation of subsection (c) may bring a 
civil action in an appropriate district court of the 
United States for equitable relief in accordance with 
paragraph (2) of this subsection. 
(2) JURISDICTION OF DISTRICT COURTS.—Not-
withstanding section 1341 of title 28, United States 
Code, or the constitution or laws of any State, the 
district courts of the United States shall have juris-
diction, without regard to the amount in controversy 
or citizenship of the parties, to grant such mandatory 
or prohibitive injunctive relief, interim equitable re-
lief, and declaratory judgments as may be necessary 
to prevent, restrain, or terminate any acts in viola-
tion of subsection (c). 
SEC. 621. RULES OF CONSTRUCTION. 
(a) RANGES OF FREQUENCIES.—Each range of fre-
quencies described in this title shall be construed to be inclu-
sive of the upper and lower frequencies in the range. 
(b) ASSESSMENT OF ELECTROMAGNETIC SPECTRUM 
REALLOCATION.—Nothing in this title shall be construed to 
affect any requirement under section 156 of the National 
Telecommunications and Information Administration Or-
ganization Act (47 U.S.C. 921 note), as added by section
1861 
1062(a) of the National Defense Authorization Act for Fis-
cal Year 2000. 
SEC. 622. RELATIONSHIP TO MIDDLE CLASS TAX RELIEF 
AND JOB CREATION ACT OF 2012. 
Nothing in this title shall be construed to limit, re-
strict, or circumvent in any way the implementation of the 
nationwide public safety broadband network defined in sec-
tion 6001 of title VI of the Middle Class Tax Relief and 
Job Creation Act of 2012 (47 U.S.C. 1401) or any rules 
implementing that network under title VI of that Act (47 
U.S.C. 1401 et seq.). 
SEC. 623. NO ADDITIONAL FUNDS AUTHORIZED. 
No additional funds are authorized to be appropriated 
to carry out this title, or the amendments made by this title. 
This title, and the amendments made by this title, shall 
be carried out using amounts otherwise authorized. 
DIVISION Q—KEVIN AND 
AVONTE’S LAW 
SECTION 1. SHORT TITLE. 
This division may be cited as the ‘‘Kevin and Avonte’s 
Law of 2018’’.
1862 
TITLE I—MISSING ALZHEIMER’S 
DISEASE 
PATIENT 
ALERT 
PROGRAM REAUTHORIZATION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Missing Americans 
Alert Program Act of 2018’’. 
SEC. 
102. 
REAUTHORIZATION 
OF 
THE 
MISSING 
ALZ-
HEIMER’S DISEASE PATIENT ALERT PRO-
GRAM. 
(a) AMENDMENTS.—Section 240001 of the Violent 
Crime Control and Law Enforcement Act of 1994 (34 
U.S.C. 12621) is amended— 
(1) in the section header, by striking ‘‘ALZ-
HEIMER’S
DISEASE
PATIENT’’ and inserting 
‘‘AMERICANS’’; 
(2) by striking subsection (a) and inserting the 
following: 
‘‘(a) GRANT PROGRAM TO REDUCE INJURY
AND 
DEATH OF MISSING AMERICANS WITH DEMENTIA AND DE-
VELOPMENTAL DISABILITIES.—Subject to the availability 
of appropriations to carry out this section, the Attorney 
General, through the Bureau of Justice Assistance and in 
consultation with the Secretary of Health and Human 
Services—
1863 
‘‘(1) shall award competitive grants to health 
care agencies, State and local law enforcement agen-
cies, or public safety agencies and nonprofit organiza-
tions to assist such entities in planning, designing, 
establishing, or operating locally based, proactive pro-
grams to prevent wandering and locate missing indi-
viduals with forms of dementia, such as Alzheimer’s 
Disease, or developmental disabilities, such as autism, 
who, due to their condition, wander from safe envi-
ronments, including programs that— 
‘‘(A) provide prevention and response infor-
mation, including online training resources, and 
referrals to families or guardians of such indi-
viduals who, due to their condition, wander from 
a safe environment; 
‘‘(B) provide education and training, in-
cluding online training resources, to first re-
sponders, school personnel, clinicians, and the 
public in order to— 
‘‘(i) increase the safety and reduce the 
incidence of wandering of persons, who, due 
to their dementia or developmental disabil-
ities, may wander from safe environments; 
‘‘(ii) facilitate the rescue and recovery 
of individuals who, due to their dementia or
1864 
developmental disabilities, wander from safe 
environments; and 
‘‘(iii) recognize and respond to and ap-
propriately interact with endangered miss-
ing individuals with dementia or develop-
mental disabilities who, due to their condi-
tion, wander from safe environments; 
‘‘(C) provide prevention and response train-
ing and emergency protocols for school adminis-
trators, staff, and families or guardians of indi-
viduals with dementia, such as Alzheimer’s Dis-
ease, or developmental disabilities, such as au-
tism, to help reduce the risk of wandering by 
such individuals; and 
‘‘(D) develop, operate, or enhance a notifi-
cation or communications systems for alerts, 
advisories, or dissemination of other information 
for the recovery of missing individuals with 
forms of dementia, such as Alzheimer’s Disease, 
or with developmental disabilities, such as au-
tism; and 
‘‘(2) shall award grants to health care agencies, 
State and local law enforcement agencies, or public 
safety agencies to assist such agencies in designing, 
establishing, and operating locative tracking tech-
1865 
nology programs for individuals with forms of demen-
tia, such as Alzheimer’s Disease, or children with de-
velopmental disabilities, such as autism, who have 
wandered from safe environments.’’; 
(3) in subsection (b)— 
(A) by inserting ‘‘competitive’’ after ‘‘to re-
ceive a’’; 
(B) by inserting ‘‘agency or’’ before ‘‘orga-
nization’’ each place it appears; and 
(C) by adding at the end the following: 
‘‘The Attorney General shall periodically solicit 
applications for grants under this section by 
publishing a request for applications in the Fed-
eral Register and by posting such a request on 
the website of the Department of Justice.’’; and 
(4) by striking subsections (c) and (d) and in-
serting the following: 
‘‘(c) PREFERENCE.—In awarding grants under sub-
section (a)(1), the Attorney General shall give preference to 
law enforcement or public safety agencies that partner with 
nonprofit organizations that appropriately use person-cen-
tered plans minimizing restrictive interventions and that 
have a direct link to individuals, and families of individ-
uals, with forms of dementia, such as Alzheimer’s Disease, 
or developmental disabilities, such as autism.
1866 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out this section 
$2,000,000 for each of fiscal years 2018 through 2022. 
‘‘(e) GRANT ACCOUNTABILITY.—All grants awarded by 
the Attorney General under this section shall be subject to 
the following accountability provisions: 
‘‘(1) AUDIT REQUIREMENT.— 
‘‘(A) DEFINITION.—In this paragraph, the 
term ‘unresolved audit finding’ means a finding 
in the final audit report of the Inspector General 
of the Department of Justice that the audited 
grantee has utilized grant funds for an unau-
thorized expenditure or otherwise unallowable 
cost that is not closed or resolved within 12 
months from the date when the final audit report 
is issued. 
‘‘(B) AUDITS.—Beginning in the first fiscal 
year beginning after the date of enactment of 
this subsection, and in each fiscal year there-
after, the Inspector General of the Department of 
Justice shall conduct audits of recipients of 
grants under this section to prevent waste, fraud, 
and abuse of funds by grantees. The Inspector 
General shall determine the appropriate number 
of grantees to be audited each year.
1867 
‘‘(C) MANDATORY EXCLUSION.—A recipient 
of grant funds under this section that is found 
to have an unresolved audit finding shall not be 
eligible to receive grant funds under this section 
during the first 2 fiscal years beginning after the 
end of the 12-month period described in subpara-
graph (A). 
‘‘(D) PRIORITY.—In awarding grants under 
this section, the Attorney General shall give pri-
ority to eligible applicants that did not have an 
unresolved audit finding during the 3 fiscal 
years before submitting an application for a 
grant under this section. 
‘‘(E) REIMBURSEMENT.—If an entity is 
awarded grant funds under this section during 
the 2-fiscal-year period during which the entity 
is barred from receiving grants under subpara-
graph (C), the Attorney General shall— 
‘‘(i) deposit an amount equal to the 
amount of the grant funds that were im-
properly awarded to the grantee into the 
General Fund of the Treasury; and 
‘‘(ii) seek to recoup the costs of the re-
payment to the fund from the grant recipi-
1868 
ent that was erroneously awarded grant 
funds. 
‘‘(2) 
NONPROFIT
ORGANIZATION
REQUIRE-
MENTS.— 
‘‘(A) DEFINITION OF NONPROFIT ORGANIZA-
TION.—For purposes of this paragraph and the 
grant programs under this section, the term 
‘nonprofit organization’ means an organization 
that is described in section 501(c)(3) of the Inter-
nal Revenue Code of 1986 and is exempt from 
taxation under section 501(a) of such Code. 
‘‘(B) PROHIBITION.—The Attorney General 
may not award a grant under this section to a 
nonprofit organization that holds money in off-
shore accounts for the purpose of avoiding pay-
ing the tax described in section 511(a) of the In-
ternal Revenue Code of 1986. 
‘‘(C) DISCLOSURE.—Each nonprofit organi-
zation that is awarded a grant under this section 
and uses the procedures prescribed in regulations 
to create a rebuttable presumption of reasonable-
ness for the compensation of its officers, direc-
tors, trustees, and key employees, shall disclose to 
the Attorney General, in the application for the 
grant, the process for determining such com-
1869 
pensation, including the independent persons in-
volved in reviewing and approving such com-
pensation, the comparability data used, and con-
temporaneous substantiation of the deliberation 
and decision. Upon request, the Attorney General 
shall make the information disclosed under this 
subparagraph available for public inspection. 
‘‘(3) CONFERENCE EXPENDITURES.— 
‘‘(A) 
LIMITATION.—No 
amounts 
made 
available to the Department of Justice under this 
section may be used by the Attorney General, or 
by any individual or entity awarded discre-
tionary funds through a cooperative agreement 
under this section, to host or support any ex-
penditure for conferences that uses more than 
$20,000 in funds made available by the Depart-
ment of Justice, unless the head of the relevant 
agency or department, provides prior written 
authorization that the funds may be expended to 
host the conference. 
‘‘(B) WRITTEN
APPROVAL.—Written ap-
proval under subparagraph (A) shall include a 
written estimate of all costs associated with the 
conference, including the cost of all food, bev-
1870 
erages, audio-visual equipment, honoraria for 
speakers, and entertainment. 
‘‘(C) REPORT.—The Deputy Attorney Gen-
eral shall submit an annual report to the Com-
mittee on the Judiciary of the Senate and the 
Committee on the Judiciary of the House of Rep-
resentatives on all conference expenditures ap-
proved under this paragraph. 
‘‘(4) ANNUAL CERTIFICATION.—Beginning in the 
first fiscal year beginning after the date of enactment 
of this subsection, the Attorney General shall submit, 
to the Committee on the Judiciary and the Committee 
on Appropriations of the Senate and the Committee 
on the Judiciary and the Committee on Appropria-
tions of the House of Representatives, an annual cer-
tification— 
‘‘(A) indicating whether— 
‘‘(i) all audits issued by the Office of 
the Inspector General under paragraph (1) 
have been completed and reviewed by the 
appropriate Assistant Attorney General or 
Director; 
‘‘(ii) all mandatory exclusions required 
under paragraph (1)(C) have been issued; 
and
1871 
‘‘(iii) 
all 
reimbursements 
required 
under paragraph (1)(E) have been made; 
and 
‘‘(B) that includes a list of any grant re-
cipients excluded under paragraph (1) from the 
previous year. 
‘‘(f) PREVENTING DUPLICATIVE GRANTS.— 
‘‘(1) IN GENERAL.—Before the Attorney General 
awards a grant to an applicant under this section, 
the Attorney General shall compare potential grant 
awards with other grants awarded by the Attorney 
General to determine if grant awards are or have 
been awarded for a similar purpose. 
‘‘(2) REPORT.—If the Attorney General awards 
grants to the same applicant for a similar purpose 
the Attorney General shall submit to the Committee 
on the Judiciary of the Senate and the Committee on 
the Judiciary of the House of Representatives a report 
that includes— 
‘‘(A) a list of all such grants awarded, in-
cluding the total dollar amount of any such 
grants awarded; and 
‘‘(B) the reason the Attorney General 
awarded multiple grants to the same applicant 
for a similar purpose.’’.
1872 
(b) ANNUAL REPORT.—Not later than 2 years after the 
date of enactment of this Act and every year thereafter, the 
Attorney General shall submit to the Committee on the Ju-
diciary and the Committee on Appropriations of the Senate 
and the Committee on the Judiciary and the Committee on 
Appropriations of the House of Representatives a report on 
the Missing Americans Alert Program, as amended by sub-
section (a), which shall address— 
(1) the number of individuals who benefitted 
from the Missing Americans Alert Program, including 
information such as the number of individuals with 
reduced unsafe wandering, the number of people who 
were trained through the program, and the estimated 
number of people who were impacted by the program; 
(2) the number of State, local, and tribal law en-
forcement or public safety agencies that applied for 
funding under the Missing Americans Alert Program; 
(3) the number of State, local, and tribal local 
law enforcement or public safety agencies that re-
ceived funding under the Missing Americans Alert 
Program, including— 
(A) the number of State, local, and tribal 
law enforcement or public safety agencies that 
used such funding for training; and
1873 
(B) the number of State, local, and tribal 
law enforcement or public safety agencies that 
used such funding for designing, establishing, or 
operating locative tracking technology; 
(4) the companies, including the location (city 
and State) of the headquarters and local offices of 
each company, for which their locative tracking tech-
nology was used by State, local, and tribal law en-
forcement or public safety agencies; 
(5) the nonprofit organizations, including the lo-
cation (city and State) of the headquarters and local 
offices of each organization, that State, local, and 
tribal law enforcement or public safety agencies 
partnered with and the result of each partnership; 
(6) the number of missing children with autism 
or another developmental disability with wandering 
tendencies or adults with Alzheimer’s being served by 
the program who went missing and the result of the 
search for each such individual; and 
(7) any recommendations for improving the 
Missing Americans Alert Program. 
(c) TABLE OF CONTENTS.—The table of contents in 
section 2 of the Violent Crime Control and Law Enforce-
ment Act of 1994 is amended by striking the item relating 
to section 240001 and inserting the following: 
‘‘Sec. 240001. Missing Americans Alert Program.’’.
1874 
TITLE II—EDUCATION AND 
OUTREACH 
SEC. 201. ACTIVITIES BY THE NATIONAL CENTER FOR MISS-
ING AND EXPLOITED CHILDREN. 
Section 404(b)(1)(H) of the Missing Children’s Assist-
ance Act (34 U.S.C. 11293(b)(1)(H)) is amended by insert-
ing ‘‘, including cases involving children with develop-
mental disabilities such as autism’’ before the semicolon. 
TITLE III—PRIVACY 
PROTECTIONS 
SEC. 301. DEFINITIONS. 
In this title: 
(1) CHILD.—The term ‘‘child’’ means an indi-
vidual who is less than 18 years of age. 
(2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has 
the meaning given that term in section 4(e) of the In-
dian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304(e)). 
(3) LAW
ENFORCEMENT
AGENCY.—The term 
‘‘law enforcement agency’’ means an agency of a 
State, unit of local government, or Indian tribe that 
is authorized by law or by a government agency to 
engage in or supervise the prevention, detection, in-
vestigation, or prosecution of any violation of crimi-
nal law.
1875 
(4) NON-INVASIVE
AND
NON-PERMANENT.—The 
term ‘‘non-invasive and non-permanent’’ means, with 
regard to any technology or device, that the procedure 
to install the technology or device does not create an 
external or internal marker or implant a device, such 
as a microchip, or other trackable items. 
(5) STATE.—The term ‘‘State’’ means each of the 
50 States, the District of Columbia, the Common-
wealth of Puerto Rico, the United States Virgin Is-
lands, American Samoa, Guam, and the Common-
wealth of the Northern Mariana Islands. 
(6) UNIT
OF
LOCAL
GOVERNMENT.—The term 
‘‘unit of local government’’ means a county, munici-
pality, town, township, village, parish, borough, or 
other unit of general government below the State level. 
SEC. 302. STANDARDS AND BEST PRACTICES FOR USE OF 
NON-INVASIVE AND NON-PERMANENT TRACK-
ING DEVICES. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of enactment of this Act, the Attorney Gen-
eral, in consultation with the Secretary of Health and 
Human Services and leading research, advocacy, self- 
advocacy, and service organizations, shall establish 
standards and best practices relating to the use of
1876 
non-invasive and non-permanent tracking technology, 
where a guardian or parent has determined that a 
non-invasive and non-permanent tracking device is 
the least restrictive alternative, to locate individuals 
as described in subsection (a)(2) of section 240001 of 
the Violent Crime Control and Law Enforcement Act 
of 1994 (34 U.S.C. 12621), as added by this Act. 
(2) REQUIREMENTS.—In establishing the stand-
ards and best practices required under paragraph (1), 
the Attorney General shall— 
(A) determine— 
(i) the criteria used to determine which 
individuals would benefit from the use of a 
tracking device; 
(ii) the criteria used to determine who 
should have direct access to the tracking 
system; and 
(iii) which non-invasive and non-per-
manent types of tracking devices can be 
used in compliance with the standards and 
best practices; and 
(B) establish standards and best practices 
the Attorney General determines are necessary to 
the administration of a tracking system, includ-
ing procedures to—
1877 
(i) safeguard the privacy of the data 
used by the tracking device such that— 
(I) access to the data is restricted 
to law enforcement and health agencies 
determined necessary by the Attorney 
General; and 
(II) collection, use, and retention 
of the data is solely for the purpose of 
preventing injury to or death of the in-
dividual wearing the tracking device; 
(ii) establish criteria to determine 
whether use of the tracking device is the 
least restrictive alternative in order to pre-
vent risk of injury or death before issuing 
the tracking device, including the previous 
consideration of less restrictive alternatives; 
(iii) provide training for law enforce-
ment agencies to recognize signs of abuse 
during interactions with applicants for 
tracking devices; 
(iv) protect the civil rights and lib-
erties of the individuals who use tracking 
devices, including their rights under the 
Fourth Amendment to the Constitution of 
the United States and title VII of the Civil
1878 
Rights Act of 1964 (42 U.S.C. 2000e et 
seq.); 
(v) establish a complaint and inves-
tigation process to address— 
(I) incidents of noncompliance by 
recipients of grants under subsection 
(a)(2) of section 240001 of the Violent 
Crime Control and Law Enforcement 
Act of 1994 (34 U.S.C. 12621), as 
added by this Act, with the best prac-
tices established by the Attorney Gen-
eral or other applicable law; and 
(II) use of a tracking device over 
the objection of an individual; and 
(vi) determine the role that State agen-
cies should have in the administration of a 
tracking system. 
(3) EFFECTIVE DATE.—The standards and best 
practices established pursuant to paragraph (1) shall 
take effect 90 days after publication of such standards 
and practices by the Attorney General. 
(b) REQUIRED COMPLIANCE.— 
(1) IN GENERAL.—Each entity that receives a 
grant under subsection (a)(2) of section 240001 of the 
Violent Crime Control and Law Enforcement Act of
1879 
1994 (34 U.S.C. 12621), as added by this Act, shall 
comply with any standards and best practices relat-
ing to the use of tracking devices established by the 
Attorney General in accordance with subsection (a). 
(2) DETERMINATION OF COMPLIANCE.—The At-
torney General, in consultation with the Secretary of 
Health and Human Services, shall determine whether 
an entity that receives a grant under subsection 
(a)(2) of section 240001 of the Violent Crime Control 
and Law Enforcement Act of 1994 (34 U.S.C. 12621), 
as added by this Act, acts in compliance with the 
standards and best practices described in paragraph 
(1). 
(c) APPLICABILITY OF STANDARDS AND BEST PRAC-
TICES.—The standards and best practices established by the 
Attorney General under subsection (a) shall apply only to 
the grant programs authorized under subsection (a)(2) of 
section 240001 of the Violent Crime Control and Law En-
forcement Act of 1994 (34 U.S.C. 12621), as added by this 
Act. 
(d) LIMITATIONS ON PROGRAM.— 
(1) DATA
STORAGE.—Any tracking data pro-
vided by tracking devices issued under this program 
may not be used by a Federal entity to create a data-
base.
1880 
(2) VOLUNTARY
PARTICIPATION.—Nothing in 
this Act may be construed to require that a parent or 
guardian use a tracking device to monitor the loca-
tion of a child or adult under that parent or guard-
ian’s supervision if the parent or guardian does not 
believe that the use of such device is necessary or in 
the interest of the child or adult under supervision. 
DIVISION R—TARGET ACT 
SECTION 1. SHORT TITLES. 
This division may be cited as the ‘‘Targeted Rewards 
for the Global Eradication of Human Trafficking’’ or the 
‘‘TARGET Act’’. 
SEC. 2. FINDINGS; SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) 
Trafficking 
in 
persons 
is 
a 
major 
transnational crime, as recognized by the Trafficking 
Victims Protection Act of 2000 (22 U.S.C. 7101 et 
seq.; division A of Public Law 106–386). 
(2) Trafficking in persons is increasingly per-
petrated by organized, sophisticated criminal enter-
prises. 
(3) Combating trafficking in persons requires a 
global approach to identifying and apprehending the 
world’s worst human trafficking rings.
1881 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that the Department of State’s rewards program is a power-
ful tool in combating sophisticated international crime and 
that the Department of State and Federal law enforcement 
should work in concert to offer rewards that target human 
traffickers who prey on the most vulnerable people around 
the world. 
SEC. 3. REWARDS FOR JUSTICE. 
Section 36(k)(5) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2708(k)(5)) is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘means’’; 
(2) by redesignating subparagraphs (A) and (B) 
as clauses (i) and (ii), respectively, and moving such 
clauses, as redesignated, 2 ems to the right; 
(3) by inserting before clause (i), as redesignated, 
the following: 
‘‘(A) means—’’; 
(4) in clause (ii), as redesignated, by striking the 
period at the end and inserting ‘‘; and’’; and 
(5) by adding at the end following: 
‘‘(B) includes severe forms of trafficking in 
persons (as defined in section 103 of the Traf-
ficking Victims Protection Act of 2000 (22
1882 
U.S.C. 7102)) involving at least 1 jurisdiction 
outside of the United States.’’. 
DIVISION S—OTHER MATTER 
TITLE I—CHILD PROTECTION 
IMPROVEMENTS ACT 
SEC. 101. NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PRO-
GRAM. 
(a) IN GENERAL.—The National Child Protection Act 
of 1993 (34 U.S.C. 40101 et seq.) is amended— 
(1) in section 3 (34 U.S.C. 40102)— 
(A) by striking ‘‘provider’’ each place it ap-
pears and inserting ‘‘covered individual’’; 
(B) by striking ‘‘provider’s’’ each place it 
appears and inserting ‘‘covered individual’s’’; 
(C) by amending subsection (a)(3) to read 
as follows: 
‘‘(3)(A) The Attorney General shall establish a pro-
gram, in accordance with this section, to provide qualified 
entities located in States that do not have in effect proce-
dures described in paragraph (1), or qualified entities lo-
cated in States that do not prohibit the use of the program 
established under this paragraph, with access to national 
criminal history background checks on, and criminal his-
tory reviews of, covered individuals. In any case where the
1883 
use of a Federal national criminal history background check 
program is required pursuant to Federal law as of the effec-
tive date of this subparagraph, the program under this sub-
paragraph may not be used. 
‘‘(B) A qualified entity described in subparagraph (A) 
may submit to the appropriate designated entity a request 
for a national criminal history background check on, and 
a criminal history review of, a covered individual. Quali-
fied entities making a request under this paragraph shall 
comply with the guidelines set forth in subsection (b), and 
with any additional applicable procedures set forth by the 
Attorney General or by the State in which the entity is lo-
cated.’’; 
(D) in subsection (b)— 
(i) in paragraph (1)(E), by striking 
‘‘unsupervised’’; 
(ii) by amending paragraph (2) to 
read as follows: 
‘‘(2) that the State, or in a State that does not 
have in effect procedures described in subsection 
(a)(1), the designated entity, ensures that— 
‘‘(A) each covered individual who is the sub-
ject of a background check under subsection (a) 
is entitled to obtain a copy of any background 
check report;
1884 
‘‘(B) each covered individual who is the 
subject of a background check under subsection 
(a) is provided a process by which the covered 
individual may appeal the results of the back-
ground check to challenge the accuracy or com-
pleteness of the information contained in the 
background report of the covered individual and 
obtain a prompt determination as to the validity 
of such challenge before a final determination is 
made by the authorized agency; 
‘‘(C)(i) each covered individual described in 
subparagraph (B) is given notice of the oppor-
tunity to appeal; 
‘‘(ii) each covered individual described in 
subparagraph (B) will receive instructions on 
how to complete the appeals process if the cov-
ered individual wishes to challenge the accuracy 
or completeness of the information contained in 
the background report of the covered individual; 
and 
‘‘(iii) the appeals process is completed in a 
timely manner for each covered individual de-
scribed in subparagraph (B);
1885 
‘‘(iv) the appeals process is consistent with 
title VII of the Civil Rights Act of 1964 (42 
U.S.C. 2000e et seq.); and 
‘‘(D) an authorized agency, upon receipt of 
a background check report lacking disposition 
data, shall conduct research in whatever State 
and local recordkeeping systems are available in 
order to obtain complete data;’’; 
(iii) in paragraph (3), by inserting 
‘‘or designated entity, as applicable,’’ after 
‘‘authorized agency’’; and 
(iv) in paragraph (4), by inserting ‘‘or 
designated entity, as applicable,’’ after ‘‘au-
thorized agency’’; 
(E) in subsection (d), by inserting ‘‘, nor 
shall any designated entity nor any officer or 
employee thereof,’’ after ‘‘officer or employee 
thereof,’’; 
(F) by amending subsection (e) to read as 
follows: 
‘‘(e) FEES.— 
‘‘(1) STATE PROGRAM.—In the case of a back-
ground check conducted pursuant to a State require-
ment adopted after December 20, 1993, conducted 
with fingerprints on a covered individual, the fees col-
1886 
lected by authorized State agencies and the Federal 
Bureau of Investigation may not exceed the actual 
cost of the background check conducted with finger-
prints. 
‘‘(2) FEDERAL PROGRAM.—In the case of a na-
tional criminal history background check and crimi-
nal history review conducted pursuant to the proce-
dures established pursuant to subsection (a)(3), the 
fees collected by a designated entity shall be set at a 
level that will ensure the recovery of the full costs of 
providing all such services. The designated entity 
shall remit the appropriate portion of such fee to the 
Attorney General, which amount is in accordance 
with the amount published in the Federal Register to 
be collected for the provision of a criminal history 
background check by the Federal Bureau of Investiga-
tion. 
‘‘(3) ENSURING FEES DO NOT DISCOURAGE VOL-
UNTEERS.—A fee system under this subsection shall 
be established in a manner that ensures that fees to 
qualified entities for background checks do not dis-
courage volunteers from participating in programs to 
care for children, the elderly, or individuals with dis-
abilities. A fee charged to a qualified entity that is 
not organized under section 501(c)(3) of the Internal
1887 
Revenue Code of 1986 may not be less than the total 
sum of the costs of the Federal Bureau of Investiga-
tion and the designated entity.’’; and 
(G) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) NATIONAL
CRIMINAL
HISTORY
BACKGROUND 
CHECK AND CRIMINAL HISTORY REVIEW PROGRAM.— 
‘‘(1) NATIONAL CRIMINAL HISTORY BACKGROUND 
CHECK.—Upon a designated entity receiving notice of 
a request submitted by a qualified entity pursuant to 
subsection (a)(3), the designated entity shall forward 
the request to the Attorney General, who shall, acting 
through the Director of the Federal Bureau of Inves-
tigation, complete a fingerprint-based check of the na-
tional criminal history background check system, and 
provide the information received in response to such 
national criminal history background check to the ap-
propriate designated entity. The designated entity 
may, upon request from a qualified entity, complete 
a check of a State criminal history database. 
‘‘(2) CRIMINAL HISTORY REVIEW.— 
‘‘(A) DESIGNATED ENTITIES.—The Attorney 
General shall designate, and enter into an agree-
ment with, one or more entities to make deter-
minations described in subparagraph (B). The
1888 
Attorney General may not designate and enter 
into an agreement with a Federal agency under 
this subparagraph. 
‘‘(B) DETERMINATIONS.—A designated enti-
ty shall, upon the receipt of the information de-
scribed in paragraph (1), make a determination 
of fitness described in subsection (b)(4), using the 
criteria described in subparagraph (C). 
‘‘(C) CRIMINAL
HISTORY
REVIEW
CRI-
TERIA.—The Attorney General shall, by rule, es-
tablish the criteria for use by designated entities 
in making a determination of fitness described 
in subsection (b)(4). Such criteria shall be based 
on the criteria established pursuant to section 
108(a)(3)(G)(i) of the Prosecutorial Remedies 
and Other Tools to end the Exploitation of Chil-
dren Today Act of 2003 (34 U.S.C. 40102 note) 
and section 658H of the Child Care and Develop-
ment Block Grant Act of 1990 (42 U.S.C. 
9858f).’’; and 
(2) in section 5 (34 U.S.C. 40104)— 
(A) by amending paragraph (9) to read as 
follows: 
‘‘(9) the term ‘covered individual’ means an in-
dividual—
1889 
‘‘(A) who has, seeks to have, or may have 
access to children, the elderly, or individuals 
with disabilities, served by a qualified entity; 
and 
‘‘(B) who— 
‘‘(i) is employed by or volunteers with, 
or seeks to be employed by or volunteer 
with, a qualified entity; or 
‘‘(ii) owns or operates, or seeks to own 
or operate, a qualified entity;’’; 
(B) in paragraph (10), by striking ‘‘and’’ 
at the end; 
(C) in paragraph (11), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by inserting after paragraph (11) the 
following: 
‘‘(12) the term ‘designated entity’ means an enti-
ty designated by the Attorney General under section 
3(f)(2)(A).’’. 
(b) IMPLEMENTATION.—The Attorney General shall 
ensure that this section and the amendments made by this 
section are fully implemented not later than 1 year after 
the date of enactment of this section.
1890 
TITLE II—SAVE AMERICA’S 
PASTIME ACT 
SEC. 201. APPLICATION OF THE FAIR LABOR STANDARDS 
ACT OF 1938 TO MINOR LEAGUE BASEBALL 
PLAYERS. 
(a) IN GENERAL.—Section 13(a) of the Fair Labor 
Standards Act of 1938 (29 U.S.C. 213(a)) is amended— 
(1) in paragraph (18), by striking the period 
and inserting ‘‘; or’’; and 
(2) by adding at the end the following: 
‘‘(19) any employee employed to play baseball 
who is compensated pursuant to a contract that pro-
vides for a weekly salary for services performed dur-
ing the league’s championship season (but not spring 
training or the off season) at a rate that is not less 
than a weekly salary equal to the minimum wage 
under section 6(a) for a workweek of 40 hours, irre-
spective of the number of hours the employee devotes 
to baseball related activities.’’. 
(b) EFFECTIVE DATE.—This section, and the amend-
ments made by this section, shall take effect on the date 
of enactment of this Act.
1891 
TITLE III—KEEP YOUNG 
ATHLETES SAFE ACT 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Keep Young Athletes 
Safe Act of 2018’’. 
SEC. 302. GRANT TO PROTECT YOUNG ATHLETES FROM 
ABUSE. 
(a) IN GENERAL.—Chapter 2205 of title 36, United 
States Code, is amended by adding at the end the following: 
‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG 
ATHLETES SAFE 
‘‘§ 220531. Grant to protect young athletes from abuse 
‘‘(a) AUTHORITY.—The Attorney General may award 
a grant to an eligible nonprofit nongovernmental entity in 
order to support oversight of the United States Olympic 
Committee, each national governing body, and each 
paralympic sports organization with regard to safe-
guarding amateur athletes against abuse, including emo-
tional, physical, and sexual abuse in sports. 
‘‘(b) APPLICATIONS.—To be eligible to receive a grant 
under this section, a nonprofit nongovernmental entity 
shall submit an application to the Attorney General at such 
time, in such manner, and containing such information as 
the Attorney General may require, including information 
that demonstrates that the entity has—
1892 
‘‘(1) nationally recognized expertise in pre-
venting and investigating emotional, physical, and 
sexual abuse in the athletic programs of the United 
States Olympic Committee, each national governing 
body, and each paralympic sports organization; and 
‘‘(2) the capacity to oversee regular and random 
audits to ensure that the policies and procedures used 
by the United States Olympic Committee, each na-
tional governing body, and each paralympic sports 
organization to prevent and identify the abuse of an 
amateur athlete are followed correctly. 
‘‘(c) USE OF GRANT AMOUNT.—An entity that receives 
a grant under this section may use such funds— 
‘‘(1) to develop and test new training materials 
for emotional, physical, and sexual abuse prevention 
and identification education in youth athletic pro-
grams; 
‘‘(2) for staff salaries, travel expenses, equip-
ment, printing, and other reasonable expenses nec-
essary to develop, maintain, and disseminate to the 
United States Olympic Committee, each national gov-
erning body, each paralympic sports organization, 
and other amateur sports organizations information 
about safeguarding amateur athletes against abuse,
1893 
including emotional, physical, and sexual abuse in 
sports; and 
‘‘(3) to oversee the administration of the proce-
dures described in subsection (b)(2). 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is authorized to be ap-
propriated to carry out this section $2,500,000 for 
each of the fiscal years 2018 through 2022. 
‘‘(2) AVAILABILITY
OF
GRANT
FUNDS.—Funds 
appropriated under this section shall remain avail-
able until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of sections for 
chapter 2205 of title 36, United States Code, is amended 
by inserting after the item related to section 220529 the fol-
lowing: 
‘‘SUBCHAPTER III—GRANT TO KEEP YOUNG ATHLETES SAFE 
‘‘220531. Grant to protect young athletes from abuse.’’. 
TITLE 
IV—CONSENT 
OF 
CON-
GRESS TO AMENDMENTS TO 
THE CONSTITUTION OF THE 
STATE OF ARIZONA 
SEC. 401. CONSENT OF CONGRESS TO AMENDMENTS TO 
THE CONSTITUTION OF THE STATE OF ARI-
ZONA. 
Congress consents to the amendments to the Constitu-
tion of the State of Arizona proposed by House Concurrent
1894 
Resolution 2001 of the 52nd Legislature of the State of Ari-
zona, First Special Session, 2015, entitled ‘‘A Concurrent 
Resolution Proposing an Amendment to the Constitution of 
Arizona; Amending Article X, Section 7, Constitution of 
Arizona; Amending Article XI, Constitution of Arizona, by 
Adding Section 11; Relating to Education Finance’’, ap-
proved by the voters of the State of Arizona at the special 
election held on May 17, 2016. 
TITLE V—STOP SCHOOL 
VIOLENCE ACT 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘Student, Teachers, and 
Officers Preventing School Violence Act of 2018’’ or the 
‘‘STOP School Violence Act of 2018’’. 
SEC. 502. GRANT PROGRAM FOR SCHOOL SECURITY. 
Part AA of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (34 U.S.C. 10551 et seq.) is amend-
ed— 
(1) in section 2701 (34 U.S.C. 10551)— 
(A) by striking subsection (a) and inserting 
the following: 
‘‘(a) IN GENERAL.— 
‘‘(1) COPS GRANTS.—The Director of the Office 
of Community Oriented Policing Services (referred to 
in this part as the ‘COPS Director’) is authorized to
1895 
make grants to States, units of local government, and 
Indian tribes for the purposes described in para-
graphs (5) through (9) of subsection (b). 
‘‘(2) BJA GRANTS.—The Director of the Bureau 
of Justice Assistance (referred to in this part as the 
‘BJA Director’) is authorized to make grants to 
States, units of local government, and Indian tribes 
for the purposes described in paragraphs (1) through 
(4) of subsection (b).’’; 
(B) in subsection (b)— 
(i) in the matter preceding paragraph 
(1), by inserting ‘‘evidence-based school safe-
ty programs that may include’’ after 
‘‘through’’; and 
(ii) by striking paragraphs (1) through 
(6) and inserting the following: 
‘‘(1) Training school personnel and students to 
prevent student violence against others and self. 
‘‘(2) The development and operation of anony-
mous reporting systems for threats of school violence, 
including mobile telephone applications, hotlines, and 
Internet websites. 
‘‘(3) The development and operation of— 
‘‘(A) school threat assessment and interven-
tion teams that may include coordination with
1896 
law enforcement agencies and school personnel; 
and 
‘‘(B) specialized training for school officials 
in responding to mental health crises. 
‘‘(4) Any other measure that, in the determina-
tion of the BJA Director, may provide a significant 
improvement in training, threat assessments and re-
porting, and violence prevention. 
‘‘(5) Coordination with local law enforcement. 
‘‘(6) Training for local law enforcement officers 
to prevent student violence against others and self. 
‘‘(7) Placement and use of metal detectors, locks, 
lighting, and other deterrent measures. 
‘‘(8) Acquisition and installation of technology 
for expedited notification of local law enforcement 
during an emergency. 
‘‘(9) Any other measure that, in the determina-
tion of the COPS Director, may provide a significant 
improvement in security.’’; 
(C) by redesignating subsections (c) through 
(f) as subsections (e) through (h), respectively; 
(D) by inserting after subsection (b) the fol-
lowing: 
‘‘(c) CONTRACTS AND SUBAWARDS.—A State, unit of 
local government, or Indian tribe may, in using a grant
1897 
under this part for purposes authorized under subsection 
(b), use the grant to contract with or make 1 or more sub-
awards to 1 or more— 
‘‘(1) local educational agencies; 
‘‘(2) nonprofit organizations, excluding schools; 
or 
‘‘(3) units of local government or tribal organi-
zations. 
‘‘(d) SERVICES AND BENEFITS FOR SCHOOLS.—An en-
tity that receives a subaward or contract under subsection 
(c) may use such funds to provide services or benefits de-
scribed under subsection (b) to 1 or more schools.’’; 
(E) in subsection (e), as so redesignated— 
(i) by striking ‘‘Director’’ and insert-
ing ‘‘COPS Director and the BJA Direc-
tor’’; 
(ii) by striking ‘‘and has’’ and insert-
ing ‘‘has’’; and 
(iii) by inserting before the period at 
the end the following: ‘‘, and will use evi-
dence-based strategies and programs, such 
as those identified by the Comprehensive 
School Safety Initiative of the Department 
of Justice’’; 
(F) in subsection (f), as so redesignated—
1898 
(i) in paragraph (1), by striking ‘‘50 
percent’’ and inserting ‘‘75 percent’’; and 
(ii) in paragraph (3), by striking ‘‘Di-
rector may’’ and inserting ‘‘COPS Director 
and the BJA Director may each’’; 
(G) in subsection (g), as so redesignated, by 
striking ‘‘Director shall’’ and inserting ‘‘COPS 
Director and the BJA shall each’’; and 
(H) in subsection (h), as so redesignated, by 
striking ‘‘Director may’’ and inserting ‘‘COPS 
Director and the BJA Director may each’’; 
(2) in section 2702 (34 U.S.C. 10552)— 
(A) in subsection (a)— 
(i) in the matter preceding paragraph 
(1)— 
(I) by striking ‘‘the Director’’ the 
first place it appears and inserting 
‘‘the COPS Director or the BJA Direc-
tor, as the case may be,’’; and 
(II) by striking ‘‘the Director 
may’’ and inserting ‘‘the COPS Direc-
tor or the BJA Director may’’; 
(ii) in paragraph (1)(B), by striking 
‘‘and’’ at the end; 
(iii) in paragraph (2)—
1899 
(I) in the matter preceding sub-
paragraph (A), by striking ‘‘child psy-
chologists’’ and inserting ‘‘licensed 
mental health professionals’’; and 
(II) in subparagraph (B), by 
striking the period at the end and in-
serting a semicolon; and 
(iv) by adding at the end the following: 
‘‘(3) include an assurance that the applicant 
shall maintain and report such data, records, and in-
formation (programmatic and financial) as the 
COPS Director or the BJA Director may reasonably 
require; 
‘‘(4) include a certification, made in a form ac-
ceptable to the COPS Director or the BJA Director, 
as the case may be, that— 
‘‘(A) the programs to be funded by the grant 
meet all the requirements of this part; 
‘‘(B) all the information contained in the 
application is correct; and 
‘‘(C) the applicant will comply with all 
provisions of this part and all other applicable 
Federal laws.’’; and 
(B) in subsection (b)—
1900 
(i) by striking ‘‘this part’’ and insert-
ing ‘‘the STOP School Violence Act of 
2018’’; and 
(ii) by striking ‘‘Director shall’’ and 
inserting ‘‘COPS Director and the BJA Di-
rector shall each’’; 
(3) in section 2703 (34 U.S.C. 10553)— 
(A) in the section heading, by inserting 
after ‘‘CONGRESS’’ the following: ‘‘; GRANT 
ACCOUNTABILITY’’; 
(B) by striking ‘‘Not later’’ and inserting 
the following: 
‘‘(a) ANNUAL REPORT.—Not later’’; 
(C) by striking ‘‘Director shall’’ and insert-
ing ‘‘COPS Director and the BJA Director shall 
each’’; and 
(D) by adding at the end the following: 
‘‘(b) GRANT ACCOUNTABILITY.—Section 3026 (relating 
to grant accountability) shall apply to grants awarded by 
the COPS Director and the BJA Director under this part. 
For purposes of the preceding sentence, any references in 
section 3026 to the Attorney General shall be considered ref-
erences to the COPS Director or the BJA Director, as ap-
propriate, and any references in that section to part LL 
shall be considered references to part AA.’’;
1901 
(4) in section 2704 (34 U.S.C. 10554)— 
(A) in paragraph (1)— 
(i) by striking ‘‘a public’’ and insert-
ing ‘‘an’’; and 
(ii) by inserting ‘‘, including a Bu-
reau-funded school (as defined in section 
1141 of the Education Amendments of 1978 
(25 
U.S.C. 
2021))’’ 
after 
‘‘secondary 
school’’; 
(B) in paragraph (2), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (3), by striking the period 
at the end and inserting a semicolon; and 
(D) by adding at the end the following: 
‘‘(4) the term ‘evidence-based’ means a program, 
practice, technology, or equipment that— 
‘‘(A) demonstrates a statistically significant 
effect on relevant outcomes based on— 
‘‘(i) strong evidence from not less than 
1 well-designed and well-implemented ex-
perimental study; 
‘‘(ii) moderate evidence from not less 
than 1 well-designed and well-implemented 
quasi-experimental study; or
1902 
‘‘(iii) promising evidence from not less 
than 1 well-designed and well-implemented 
correlational study with statistical controls 
for selection bias; 
‘‘(B) demonstrates a rationale based on 
high-quality research findings or positive evalua-
tion that such program, practice, technology, or 
equipment is likely to improve relevant out-
comes, and includes ongoing efforts to examine 
the effects of the program, practice, technology, 
or equipment; or 
‘‘(C) in the case of technology or equipment, 
demonstrates that use of the technology or equip-
ment is— 
‘‘(i) consistent with best practices for 
school security, including— 
‘‘(I) 
applicable 
standards 
for 
school security established by a Federal 
or State government agency; and 
‘‘(II) findings and recommenda-
tions of public commissions and task 
forces established to make recommenda-
tions or set standards for school secu-
rity; and
1903 
‘‘(ii) compliant with all applicable 
codes, including building and life safety 
codes; and 
‘‘(5) the term ‘tribal organization’ has the same 
meaning given the term in section 4(l) of the Indian 
Self-Determination and Education Assistance Act (25 
U.S.C. 5304(l)).’’; 
(5) by striking section 2705 and inserting the 
following: 
‘‘SEC. 2705. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) IN GENERAL.—There are authorized to be appro-
priated— 
‘‘(1) $75,000,000 for fiscal year 2018, of which— 
‘‘(A) $50,000,000 shall be made available to 
the BJA Director to carry out this part; and 
‘‘(B) $25,000,000 shall be made available to 
the COPS Director to carry out this part; and 
‘‘(2) $100,000,000 for each of fiscal years 2019 
through 2028, of which, for each fiscal year— 
‘‘(A) $67,000,000 shall be made available to 
the BJA Director to carry out this part; and 
‘‘(B) $33,000,000 shall be made available to 
the COPS Director to carry out this part. 
‘‘(b) OFFSET.—Any funds appropriated for the Com-
prehensive School Safety Initiative of the National Institute
1904 
of Justice in fiscal year 2018 shall instead be used for the 
purposes in subsection (a).’’; and 
(6) by adding at the end the following: 
‘‘SEC. 2706. RULES OF CONSTRUCTION. 
‘‘(a) NO FUNDS TO PROVIDE FIREARMS OR TRAIN-
ING.—No amounts provided as a grant under this part may 
be used for the provision to any person of a firearm or 
training in the use of a firearm. 
‘‘(b) NO EFFECT ON OTHER LAWS.—Nothing in this 
part may be construed to preclude or contradict any other 
provision of law authorizing the provision of firearms or 
training in the use of firearms.’’. 
TITLE VI—FIX NICS ACT 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘Fix NICS Act of 2018’’. 
SEC. 602. ACCOUNTABILITY FOR FEDERAL DEPARTMENTS 
AND AGENCIES. 
Section 103 of the Brady Handgun Violence Preven-
tion Act (34 U.S.C. 40901) is amended— 
(1) in subsection (e)(1), by adding at the end the 
following: 
‘‘(F) SEMIANNUAL CERTIFICATION AND RE-
PORTING.— 
‘‘(i) IN GENERAL.—The head of each 
Federal department or agency shall submit
1905 
a semiannual written certification to the 
Attorney General indicating whether the de-
partment or agency is in compliance with 
the record submission requirements under 
subparagraph (C). 
‘‘(ii) SUBMISSION DATES.—The head of 
a Federal department or agency shall sub-
mit a certification to the Attorney General 
under clause (i)— 
‘‘(I) not later than July 31 of 
each year, which shall address all rel-
evant records, including those that 
have not been transmitted to the Attor-
ney General, in possession of the de-
partment or agency during the period 
beginning on January 1 of the year 
and ending on June 30 of the year; 
and 
‘‘(II) not later than January 31 
of each year, which shall address all 
relevant records, including those that 
have not been transmitted to the Attor-
ney General, in possession of the de-
partment or agency during the period 
beginning on July 1 of the previous
1906 
year and ending on December 31 of the 
previous year. 
‘‘(iii) CONTENTS.—A certification re-
quired under clause (i) shall state, for the 
applicable period— 
‘‘(I) the total number of records of 
the Federal department or agency dem-
onstrating that a person falls within 
one of the categories described in sub-
section (g) or (n) of section 922 of title 
18, United States Code; 
‘‘(II) for each category of records 
described in subclause (I), the total 
number of records of the Federal de-
partment or agency that have been 
provided to the Attorney General; and 
‘‘(III) the efforts of the Federal de-
partment or agency to ensure complete 
and accurate reporting of relevant 
records, including efforts to monitor 
compliance and correct any reporting 
failures or inaccuracies. 
‘‘(G) IMPLEMENTATION PLAN.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this sub-
1907 
paragraph, the head of each Federal depart-
ment or agency, in coordination with the 
Attorney General, shall establish a plan to 
ensure maximum coordination and auto-
mated reporting or making available of 
records to the Attorney General as required 
under 
subparagraph 
(C), 
and 
the 
verification of the accuracy of those records, 
including 
the 
pre-validation 
of 
those 
records, where appropriate, during a 4-year 
period specified in the plan. The records 
shall be limited to those of an individual 
described in subsection (g) or (n) of section 
922 of title 18, United States Code. 
‘‘(ii) BENCHMARK
REQUIREMENTS.— 
Each plan established under clause (i) shall 
include annual benchmarks to enable the 
Attorney General to assess implementation 
of the plan, including— 
‘‘(I) qualitative goals and quan-
titative measures; 
‘‘(II) measures to monitor inter-
nal compliance, including any report-
ing failures and inaccuracies;
1908 
‘‘(III) a needs assessment, includ-
ing estimated compliance costs; and 
‘‘(IV) an estimated date by which 
the Federal department or agency will 
fully comply with record submission 
requirements under subparagraph (C). 
‘‘(iii) COMPLIANCE DETERMINATION.— 
Not later than the end of each fiscal year 
beginning after the date of the establishment 
of a plan under clause (i), the Attorney 
General shall determine whether the appli-
cable Federal department or agency has 
achieved substantial compliance with the 
benchmarks included in the plan. 
‘‘(H) ACCOUNTABILITY.—The Attorney Gen-
eral shall publish, including on the website of the 
Department of Justice, and submit to the Com-
mittee on the Judiciary and the Committee on 
Appropriations of the Senate and the Committee 
on the Judiciary and the Committee on Appro-
priations of the House of Representatives a semi-
annual report that discloses— 
‘‘(i) the name of each Federal depart-
ment or agency that has failed to submit a
1909 
required certification under subparagraph 
(F); 
‘‘(ii) the name of each Federal depart-
ment or agency that has submitted a re-
quired certification under subparagraph 
(F), but failed to certify compliance with 
the record submission requirements under 
subparagraph (C); 
‘‘(iii) the name of each Federal depart-
ment or agency that has failed to submit an 
implementation plan under subparagraph 
(G); 
‘‘(iv) the name of each Federal depart-
ment or agency that is not in substantial 
compliance with an implementation plan 
under subparagraph (G); 
‘‘(v) a detailed summary of the data, 
broken down by department or agency, con-
tained in the certifications submitted under 
subparagraph (F); 
‘‘(vi) a detailed summary of the con-
tents and status, broken down by depart-
ment or agency, of the implementation 
plans established under subparagraph (G); 
and
1910 
‘‘(vii) the reasons for which the Attor-
ney General has determined that a Federal 
department or agency is not in substantial 
compliance with an implementation plan 
established under subparagraph (G). 
‘‘(I) 
NONCOMPLIANCE
PENALTIES.—For 
each of fiscal years 2019 through 2022, each po-
litical appointee of a Federal department or 
agency that has failed to certify compliance with 
the record submission requirements under sub-
paragraph (C), and is not in substantial compli-
ance with an implementation plan established 
under subparagraph (G), shall not be eligible for 
the receipt of bonus pay, excluding overtime pay, 
until the department or agency— 
‘‘(i) certifies compliance with the 
record submission requirements under sub-
paragraph (C); or 
‘‘(ii) achieves substantial compliance 
with an implementation plan established 
under subparagraph (G). 
‘‘(J) TECHNICAL ASSISTANCE.—The Attor-
ney General may use funds made available for 
the national instant criminal background check 
system established under subsection (b) to pro-
1911 
vide technical assistance to a Federal department 
or agency, at the request of the department or 
agency, in order to help the department or agen-
cy comply with the record submission require-
ments under subparagraph (C). 
‘‘(K) APPLICATION TO FEDERAL COURTS.— 
For purposes of this paragraph— 
‘‘(i) the terms ‘department or agency of 
the United States’ and ‘Federal department 
or agency’ include a Federal court; and 
‘‘(ii) the Director of the Administrative 
Office of the United States Courts shall per-
form, for a Federal court, the functions as-
signed to the head of a department or agen-
cy.’’; and 
(2) in subsection (g), by adding at the end the 
following: ‘‘For purposes of the preceding sentence, 
not later than 60 days after the date on which the At-
torney General receives such information, the Attor-
ney General shall determine whether or not the pro-
spective transferee is the subject of an erroneous 
record and remove any records that are determined to 
be erroneous. In addition to any funds made avail-
able under subsection (k), the Attorney General may 
use such sums as are necessary and otherwise avail-
1912 
able for the salaries and expenses of the Federal Bu-
reau of Investigation to comply with this subsection.’’. 
SEC. 603. REAUTHORIZATION OF NICS ACT RECORD IM-
PROVEMENT PROGRAM. 
(a) REQUIREMENTS TO OBTAIN WAIVER.—Section 
102 of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40912) is amended— 
(1) in subsection (a), in the first sentence— 
(A) by striking ‘‘the Crime Identification 
Technology Act of 1988 (42 U.S.C. 14601)’’ and 
inserting ‘‘section 102 of the Crime Identifica-
tion Technology Act of 1998 (34 U.S.C. 40301)’’; 
and 
(B) by inserting ‘‘is in compliance with an 
implementation plan established under sub-
section (b) or’’ before ‘‘provides at least 90 per-
cent of the information described in subsection 
(c)’’; and 
(2) in subsection (b)(1)(B), by inserting ‘‘or has 
established an implementation plan under section 
107’’ after ‘‘the Attorney General’’. 
(b) IMPLEMENTATION ASSISTANCE TO STATES.—Sec-
tion 103 of the NICS Improvement Amendments Act of 
2007 (34 U.S.C. 40913) is amended—
1913 
(1) in subsection (b)(3), by inserting before the 
semicolon at the end the following: ‘‘, including 
through increased efforts to pre-validate the contents 
of those records to expedite eligibility determina-
tions’’; 
(2) in subsection (e)— 
(A) in paragraph (1)— 
(i) by striking ‘‘and’’; and 
(ii) by inserting before the period at 
the end the following: ‘‘, and $125,000,000 
for each of fiscal years 2018 through 2022’’; 
and 
(B) by striking paragraph (2) and inserting 
the following— 
‘‘(2) DOMESTIC ABUSE AND VIOLENCE PREVEN-
TION INITIATIVE.— 
‘‘(A) ESTABLISHMENT.—For each of fiscal 
years 2018 through 2022, the Attorney General 
shall create a priority area under the NICS Act 
Record Improvement Program (commonly known 
as ‘NARIP’) for a Domestic Abuse and Violence 
Prevention Initiative that emphasizes the need 
for grantees to identify and upload all felony 
conviction records and domestic violence records. 
‘‘(B) FUNDING.—The Attorney General—
1914 
‘‘(i) may use not more than 50 percent 
of the amounts made available under this 
subsection for each of fiscal years 2018 
through 2022 to carry out the initiative de-
scribed in subparagraph (A); and 
‘‘(ii) shall give a funding preference 
under NARIP to States that— 
‘‘(I) have established an imple-
mentation plan under section 107; and 
‘‘(II) will use amounts made 
available under this subparagraph to 
improve efforts to identify and upload 
all felony conviction records and do-
mestic violence records described in 
clauses (i), (v), and (vi) of section 
102(b)(1)(C) by not later than Sep-
tember 30, 2022.’’; and 
(3) by adding at the end the following: 
‘‘(g) TECHNICAL ASSISTANCE.—The Attorney General 
shall direct the Office of Justice Programs, the Bureau of 
Alcohol, Tobacco, Firearms, and Explosives, and the Fed-
eral Bureau of Investigation to— 
‘‘(1) assist States that are not currently eligible 
for grants under this section to achieve compliance 
with all eligibility requirements; and
1915 
‘‘(2) provide technical assistance and training 
services to grantees under this section.’’. 
SEC. 604. REAUTHORIZATION OF THE NATIONAL CRIMINAL 
HISTORY IMPROVEMENT PROGRAM. 
(a) STATE GRANT PROGRAM FOR CRIMINAL JUSTICE 
IDENTIFICATION, INFORMATION, AND COMMUNICATION.— 
Section 102 of the Crime Identification Technology Act of 
1998 (34 U.S.C. 40301) is amended— 
(1) in subsection (a)(3)— 
(A) by redesignating subparagraphs (C), 
(D), and (E) as subparagraphs (D), (E), and 
(F), respectively; and 
(B) by inserting after subparagraph (B) the 
following: 
‘‘(C) identification of all individuals who 
have been convicted of a crime punishable by im-
prisonment for a term exceeding 1 year’’; 
(2) in subsection (b)(6)— 
(A) by striking ‘‘(18 U.S.C. 922 note)’’ and 
inserting ‘‘(34 U.S.C. 40901(b))’’; and 
(B) by inserting before the semicolon at the 
end the following: ‘‘, including through increased 
efforts to pre-validate the contents of felony con-
viction records and domestic violence records to 
expedite eligibility determinations, and measures
1916 
and resources necessary to establish and achieve 
compliance with an implementation plan under 
section 107 of the NICS Improvement Amend-
ments Act of 2007’’; 
(3) in subsection (d), by inserting after ‘‘unless’’ 
the following: ‘‘the State has achieved compliance 
with an implementation plan under section 107 of the 
NICS Improvement Amendments Act of 2007 or’’; 
and 
(4) in subsection (e)(1), by striking ‘‘2002 
through 2007’’ and inserting ‘‘2018 through 2022’’. 
(b) GRANTS FOR THE IMPROVEMENT OF CRIMINAL 
RECORDS.—Section 106(b)(1) of the Brady Handgun Vio-
lence Prevention Act (34 U.S.C. 40302(1)) is amended— 
(1) in the matter preceding subparagraph (A)— 
(A) by striking ‘‘as of the date of enactment 
of this Act’’ and inserting ‘‘, as of the date of en-
actment of the Fix NICS Act of 2018,’’; and 
(B) by striking ‘‘files,’’ and inserting the 
following: ‘‘files and that will utilize funding 
under this subsection to prioritize the identifica-
tion and transmittal of felony conviction records 
and domestic violence records,’’; 
(2) in subparagraph (B), by striking ‘‘and’’ at 
the end;