119 
(A) in subsection (a), in the matter pre-
ceding paragraph (1), by inserting ‘‘or notice’’ 
after ‘‘prescribe by regulation’’; 
(B) in subsection (c), by inserting ‘‘and 
subsection (g)’’ before the first comma; and 
(C) by adding at the end the following new 
subsection: 
‘‘(g) 5-YEAR
PHASE-IN
OF
FLOOD
INSURANCE 
RATES FOR CERTAIN PROPERTIES IN NEWLY MAPPED 
AREAS.— 
‘‘(1) 
5-YEAR
PHASE-IN
PERIOD.—Notwith-
standing subsection (c) or any other provision of law 
relating to chargeable risk premium rates for flood 
insurance coverage under this title, in the case of 
any area that was not previously designated as an 
area having special flood hazards and that, pursuant 
to any issuance, revision, updating, or other change 
in flood insurance maps, becomes designated as such 
an area, during the 5-year period that begins, except 
as provided in paragraph (2), upon the date that 
such maps, as issued, revised, updated, or otherwise 
changed, become effective, the chargeable premium 
rate for flood insurance under this title with respect 
to any covered property that is located within such 
area shall be the rate described in paragraph (3). 
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120 
‘‘(2) APPLICABILITY TO PREFERRED RISK RATE 
AREAS.—In the case of any area described in para-
graph (1) that consists of or includes an area that, 
as of date of the effectiveness of the flood insurance 
maps for such area referred to in paragraph (1) as 
so issued, revised, updated, or changed, is eligible 
for any reason for preferred risk rate method pre-
miums for flood insurance coverage and was eligible 
for such premiums as of the enactment of the Flood 
Insurance Reform Act of 2011, the 5-year period re-
ferred to in paragraph (1) for such area eligible for 
preferred risk rate method premiums shall begin 
upon the expiration of the period during which such 
area is eligible for such preferred risk rate method 
premiums. 
‘‘(3) PHASE-IN OF FULL ACTUARIAL RATES.— 
With respect to any area described in paragraph (1), 
the chargeable risk premium rate for flood insurance 
under this title for a covered property that is located 
in such area shall be— 
‘‘(A) for the first year of the 5-year period 
referred to in paragraph (1), the greater of— 
‘‘(i) 20 percent of the chargeable risk 
premium rate otherwise applicable under 
this title to the property; and 
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‘‘(ii) in the case of any property that, 
as of the beginning of such first year, is el-
igible for preferred risk rate method pre-
miums for flood insurance coverage, such 
preferred risk rate method premium for 
the property; 
‘‘(B) for the second year of such 5-year pe-
riod, 40 percent of the chargeable risk premium 
rate otherwise applicable under this title to the 
property; 
‘‘(C) for the third year of such 5-year pe-
riod, 60 percent of the chargeable risk premium 
rate otherwise applicable under this title to the 
property; 
‘‘(D) for the fourth year of such 5-year pe-
riod, 80 percent of the chargeable risk premium 
rate otherwise applicable under this title to the 
property; and 
‘‘(E) for the fifth year of such 5-year pe-
riod, 100 percent of the chargeable risk pre-
mium rate otherwise applicable under this title 
to the property. 
‘‘(4) COVERED PROPERTIES.—For purposes of 
the subsection, the term ‘covered property’ means 
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emcdonald on DSK5VPTVN1PROD with BILLS
122 
any residential property occupied by its owner or a 
bona fide tenant as a primary residence.’’. 
(2) REGULATION
OR
NOTICE.—The Adminis-
trator of the Federal Emergency Management Agen-
cy shall issue an interim final rule or notice to im-
plement this subsection and the amendments made 
by this subsection as soon as practicable after the 
date of the enactment of this Act. 
(c) PHASE-IN OF ACTUARIAL RATES FOR CERTAIN 
PROPERTIES.— 
(1) IN GENERAL.—Section 1308(c) of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4015(c)) is amended— 
(A) by redesignating paragraph (2) as 
paragraph (7); and 
(B) by inserting after paragraph (1) the 
following new paragraphs: 
‘‘(2) COMMERCIAL PROPERTIES.—Any nonresi-
dential property. 
‘‘(3) SECOND HOMES AND VACATION HOMES.— 
Any residential property that is not the primary res-
idence of any individual. 
‘‘(4) HOMES SOLD TO NEW OWNERS.—Any sin-
gle family property that— 
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123 
‘‘(A) has been constructed or substantially 
improved and for which such construction or 
improvement was started, as determined by the 
Administrator, before December 31, 1974, or 
before the effective date of the initial rate map 
published by the Administrator under para-
graph (2) of section 1360(a) for the area in 
which such property is located, whichever is 
later; and 
‘‘(B) is purchased after the effective date 
of 
this 
paragraph, 
pursuant 
to 
section 
3005(c)(3)(A) of the Flood Insurance Reform 
Act of 2011. 
‘‘(5) HOMES
DAMAGED
OR
IMPROVED.—Any 
property that, on or after the date of the enactment 
of the Flood Insurance Reform Act of 2011, has ex-
perienced or sustained— 
‘‘(A) substantial flood damage exceeding 
50 percent of the fair market value of such 
property; or 
‘‘(B) substantial improvement exceeding 
30 percent of the fair market value of such 
property. 
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124 
‘‘(6) HOMES WITH MULTIPLE CLAIMS.—Any se-
vere repetitive loss property (as such term is defined 
in section 1366(j)).’’. 
(2) TECHNICAL AMENDMENTS.—Section 1308 
of the National Flood Insurance Act of 1968 (42 
U.S.C. 4015) is amended— 
(A) in subsection (c)— 
(i) in the matter preceding paragraph 
(1), by striking ‘‘the limitations provided 
under paragraphs (1) and (2)’’ and insert-
ing ‘‘subsection (e)’’; and 
(ii) in paragraph (1), by striking ‘‘, 
except’’ and all that follows through ‘‘sub-
section (e)’’; and 
(B) in subsection (e), by striking ‘‘para-
graph (2) or (3)’’ and inserting ‘‘paragraph 
(7)’’. 
(3) EFFECTIVE DATE AND TRANSITION.— 
(A) EFFECTIVE DATE.—The amendments 
made by paragraphs (1) and (2) shall apply be-
ginning upon the expiration of the 12-month 
period that begins on the date of the enactment 
of this Act, except as provided in subparagraph 
(B) of this paragraph. 
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125 
(B) TRANSITION
FOR
PROPERTIES
COV-
ERED BY FLOOD INSURANCE UPON EFFECTIVE 
DATE.— 
(i) INCREASE OF RATES OVER TIME.— 
In the case of any property described in 
paragraph (2), (3), (4), (5), or (6) of sec-
tion 1308(c) of the National Flood Insur-
ance Act of 1968, as amended by para-
graph (1) of this subsection, that, as of the 
effective date under subparagraph (A) of 
this paragraph, is covered under a policy 
for flood insurance made available under 
the national flood insurance program for 
which the chargeable premium rates are 
less than the applicable estimated risk pre-
mium rate under section 1307(a)(1) of 
such Act for the area in which the prop-
erty is located, the Administrator of the 
Federal Emergency Management Agency 
shall increase the chargeable premium 
rates for such property over time to such 
applicable estimated risk premium rate 
under section 1307(a)(1). 
(ii) AMOUNT OF ANNUAL INCREASE.— 
Such increase shall be made by increasing 
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emcdonald on DSK5VPTVN1PROD with BILLS
126 
the chargeable premium rates for the prop-
erty (after application of any increase in 
the premium rates otherwise applicable to 
such property), once during the 12-month 
period that begins upon the effective date 
under subparagraph (A) of this paragraph 
and once every 12 months thereafter until 
such increase is accomplished, by 20 per-
cent (or such lesser amount as may be nec-
essary so that the chargeable rate does not 
exceed such applicable estimated risk pre-
mium rate or to comply with clause (iii)). 
(iii) PROPERTIES SUBJECT TO PHASE- 
IN AND ANNUAL INCREASES.—In the case 
of any pre-FIRM property (as such term is 
defined in section 578(b) of the National 
Flood Insurance Reform Act of 1974), the 
aggregate increase, during any 12-month 
period, in the chargeable premium rate for 
the property that is attributable to this 
subparagraph or to an increase described 
in section 1308(e) of the National Flood 
Insurance Act of 1968 may not exceed 20 
percent. 
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127 
(iv) FULL
ACTUARIAL
RATES.—The 
provisions of paragraphs (2), (3), (4), (5), 
and (6) of such section 1308(c) shall apply 
to such a property upon the accomplish-
ment of the increase under this subpara-
graph and thereafter. 
(d) PROHIBITION OF EXTENSION OF SUBSIDIZED 
RATES TO LAPSED POLICIES.—Section 1308 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 4015), as 
amended by the preceding provisions of this title, is fur-
ther amended— 
(1) in subsection (e), by inserting ‘‘or sub-
section (h)’’ after ‘‘subsection (c)’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(h) PROHIBITION OF EXTENSION OF SUBSIDIZED 
RATES
TO
LAPSED
POLICIES.—Notwithstanding any 
other provision of law relating to chargeable risk premium 
rates for flood insurance coverage under this title, the Ad-
ministrator shall not provide flood insurance coverage 
under this title for any property for which a policy for 
such coverage for the property has previously lapsed in 
coverage as a result of the deliberate choice of the holder 
of such policy, at a rate less than the applicable estimated 
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risk premium rates for the area (or subdivision thereof) 
in which such property is located.’’. 
(e) RECOGNITION OF STATE AND LOCAL FUNDING 
FOR CONSTRUCTION, RECONSTRUCTION, AND IMPROVE-
MENT OF FLOOD PROTECTION SYSTEMS IN DETERMINA-
TION OF RATES.— 
(1) IN
GENERAL.—Section 1307 of the Na-
tional Flood Insurance Act of 1968 (42 U.S.C. 
4014) is amended— 
(A) in subsection (e)— 
(i) in the first sentence, by striking 
‘‘construction of a flood protection system’’ 
and inserting ‘‘construction, reconstruc-
tion, or improvement of a flood protection 
system (without respect to the level of Fed-
eral investment or participation)’’; and 
(ii) in the second sentence— 
(I) by striking ‘‘construction of a 
flood protection system’’ and inserting 
‘‘construction, reconstruction, or im-
provement of a flood protection sys-
tem’’; and 
(II) by inserting ‘‘based on the 
present value of the completed sys-
tem’’ after ‘‘has been expended’’; and 
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(B) in subsection (f)— 
(i) in the first sentence in the matter 
preceding paragraph (1), by inserting 
‘‘(without respect to the level of Federal 
investment or participation)’’ before the 
period at the end; 
(ii) in the third sentence in the matter 
preceding paragraph (1), by inserting ‘‘, 
whether coastal or riverine,’’ after ‘‘special 
flood hazard’’; and 
(iii) in paragraph (1), by striking ‘‘a 
Federal agency in consultation with the 
local project sponsor’’ and inserting ‘‘the 
entity or entities that own, operate, main-
tain, or repair such system’’. 
(2) REGULATIONS.—The Administrator of the 
Federal Emergency Management Agency shall pro-
mulgate regulations to implement this subsection 
and the amendments made by this subsection as 
soon as practicable, but not more than 18 months 
after the date of the enactment of this Act. Para-
graph (3) may not be construed to annul, alter, af-
fect, authorize any waiver of, or establish any excep-
tion to, the requirement under the preceding sen-
tence. 
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132 
(ix) a member of a recognized profes-
sional association or organization rep-
resenting flood hazard determination firms; 
(x) a representative of State national 
flood insurance coordination offices; 
(xi) representatives of two local gov-
ernments, at least one of whom is a local 
levee flood manager or executive, des-
ignated by the Federal Emergency Man-
agement Agency as Cooperating Technical 
Partners; and 
(xii) representatives of two State gov-
ernments designated by the Federal Emer-
gency Management Agency as Cooperating 
Technical States. 
(2) QUALIFICATIONS.—Members of the Council 
shall be appointed based on their demonstrated 
knowledge and competence regarding surveying, car-
tography, remote sensing, geographic information 
systems, or the technical aspects of preparing and 
using flood insurance rate maps. In appointing 
members under paragraph (1)(H), the Administrator 
shall ensure that the membership of the Council has 
a balance of Federal, State, local, and private mem-
bers, and includes an adequate number of represent-
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emcdonald on DSK5VPTVN1PROD with BILLS
133 
atives from the States with coastline on the Gulf of 
Mexico and other States containing areas identified 
by the Administrator of the Federal Emergency 
Management Agency as at high-risk for flooding or 
special flood hazard areas. 
(c) DUTIES.— 
(1) NEW MAPPING STANDARDS.—Not later than 
the expiration of the 12-month period beginning 
upon the date of the enactment of this Act, the 
Council shall develop and submit to the Adminis-
trator and the Congress proposed new mapping 
standards for 100-year flood insurance rate maps 
used under the national flood insurance program 
under the National Flood Insurance Act of 1968. In 
developing such proposed standards the Council 
shall— 
(A) ensure that the flood insurance rate 
maps reflect true risk, including graduated risk 
that better reflects the financial risk to each 
property; such reflection of risk should be at 
the smallest geographic level possible (but not 
necessarily property-by-property) to ensure that 
communities are mapped in a manner that 
takes into consideration different risk levels 
within the community; 
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134 
(B) ensure the most efficient generation, 
display, and distribution of flood risk data, 
models, and maps where practicable through 
dynamic digital environments using spatial 
database technology and the Internet; 
(C) ensure that flood insurance rate maps 
reflect current hydrologic and hydraulic data, 
current land use, and topography, incorporating 
the most current and accurate ground and 
bathymetric elevation data; 
(D) determine the best ways to include in 
such flood insurance rate maps levees, decerti-
fied levees, and areas located below dams, in-
cluding determining a methodology for ensuring 
that decertified levees and other protections are 
included in flood insurance rate maps and their 
corresponding flood zones reflect the level of 
protection conferred; 
(E) consider how to incorporate restored 
wetlands and other natural buffers into flood 
insurance rate maps, which may include wet-
lands, groundwater recharge areas, erosion 
zones, meander belts, endangered species habi-
tat, barrier islands and shoreline buffer fea-
tures, riparian forests, and other features; 
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emcdonald on DSK5VPTVN1PROD with BILLS
135 
(F) consider whether to use vertical posi-
tioning (as defined by the Administrator) for 
flood insurance rate maps; 
(G) ensure that flood insurance rate maps 
differentiate between a property that is located 
in a flood zone and a structure located on such 
property that is not at the same risk level for 
flooding as such property due to the elevation 
of the structure; 
(H) ensure that flood insurance rate maps 
take into consideration the best scientific data 
and potential future conditions (including pro-
jections for sea level rise); and 
(I) consider how to incorporate the new 
standards proposed pursuant to this paragraph 
in existing mapping efforts. 
(2) ONGOING DUTIES.—The Council shall, on 
an ongoing basis, review the mapping protocols de-
veloped pursuant to paragraph (1), and make rec-
ommendations to the Administrator when the Coun-
cil determines that mapping protocols should be al-
tered. 
(3) MEETINGS.—In carrying out its duties 
under this section, the Council shall consult with 
stakeholders through at least 4 public meetings an-
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emcdonald on DSK5VPTVN1PROD with BILLS
136 
nually, and shall seek input of all stakeholder inter-
ests including State and local representatives, envi-
ronmental and conservation organizations, insurance 
industry representatives, advocacy groups, planning 
organizations, and mapping organizations. 
(d) PROHIBITION ON COMPENSATION.—Members of 
the Council shall receive no additional compensation by 
reason of their service on the Council. 
(e) CHAIRPERSON.—The Administrator shall serve as 
the Chairperson of the Council. 
(f) STAFF.— 
(1) FEMA.—Upon the request of the Council, 
the Administrator may detail, on a nonreimbursable 
basis, personnel of the Federal Emergency Manage-
ment Agency to assist the Council in carrying out its 
duties. 
(2) OTHER FEDERAL AGENCIES.—Upon request 
of the Council, any other Federal agency that is a 
member of the Council may detail, on a non-reim-
bursable basis, personnel to assist the Council in 
carrying out its duties. 
(g) POWERS.—In carrying out this section, the Coun-
cil may hold hearings, receive evidence and assistance, pro-
vide information, and conduct research, as the Council 
considers appropriate. 
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(h) TERMINATION.—The Council shall terminate 
upon the expiration of the 5-year period beginning on the 
date of the enactment of this Act. 
(i) MORATORIUM ON FLOOD MAP CHANGES.— 
(1) MORATORIUM.—Except as provided in para-
graph (2) and notwithstanding any other provision 
of this title, the National Flood Insurance Act of 
1968, or the Flood Disaster Protection Act of 1973, 
during the period beginning upon the date of the en-
actment of this Act and ending upon the submission 
by the Council to the Administrator and the Con-
gress of the proposed new mapping standards re-
quired under subsection (c)(1), the Administrator 
may not make effective any new or updated rate 
maps for flood insurance coverage under the na-
tional flood insurance program that were not in ef-
fect for such program as of such date of enactment, 
or otherwise revise, update, or change the flood in-
surance rate maps in effect for such program as of 
such date. 
(2) LETTERS OF MAP CHANGE.—During the pe-
riod described in paragraph (1), the Administrator 
may revise, update, and change the flood insurance 
rate maps in effect for the national flood insurance 
program only pursuant to a letter of map change 
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138 
(including a letter of map amendment, letter of map 
revision, and letter of map revision based on fill). 
SEC. 3007. FEMA INCORPORATION OF NEW MAPPING PRO-
TOCOLS. 
(a) NEW RATE MAPPING STANDARDS.—Not later 
than the expiration of the 6-month period beginning upon 
submission by the Technical Mapping Advisory Council 
under section 3006 of the proposed new mapping stand-
ards for flood insurance rate maps used under the national 
flood insurance program developed by the Council pursu-
ant to section 3006(c), the Administrator of the Federal 
Emergency Management Agency (in this section referred 
to as the ‘‘Administrator’’) shall establish new standards 
for such rate maps based on such proposed new standards 
and the recommendations of the Council. 
(b) REQUIREMENTS.—The new standards for flood 
insurance rate maps established by the Administrator pur-
suant to subsection (a) shall— 
(1) delineate and include in any such rate 
maps— 
(A) all areas located within the 100-year 
flood plain; and 
(B) areas subject to graduated and other 
risk levels, to the maximum extent possible; 
(2) ensure that any such rate maps— 
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139 
(A) include levees, including decertified lev-
ees, and the level of protection they confer; 
(B) reflect current land use and topog-
raphy and incorporate the most current and ac-
curate ground level data; 
(C) take into consideration the impacts 
and use of fill and the flood risks associated 
with altered hydrology; 
(D) differentiate between a property that 
is located in a flood zone and a structure lo-
cated on such property that is not at the same 
risk level for flooding as such property due to 
the elevation of the structure; 
(E) identify and incorporate natural fea-
tures and their associated flood protection bene-
fits into mapping and rates; and 
(F) identify, analyze, and incorporate the 
impact of significant changes to building and 
development throughout any river or costal 
water system, including all tributaries, which 
may impact flooding in areas downstream; and 
(3) provide that such rate maps are developed 
on a watershed basis. 
(c) REPORT.—If, in establishing new standards for 
flood insurance rate maps pursuant to subsection (a) of 
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emcdonald on DSK5VPTVN1PROD with BILLS
140 
this section, the Administrator does not implement all of 
the recommendations of the Council made under the pro-
posed new mapping standards developed by the Council 
pursuant to section 3006(c), upon establishment of the 
new standards the Administrator shall submit a report to 
the Committee on Financial Services of the House of Rep-
resentatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate specifying which such rec-
ommendations were not adopted and explaining the rea-
sons such recommendations were not adopted. 
(d) IMPLEMENTATION.—The Administrator shall, not 
later than the expiration of the 6-month period beginning 
upon establishment of the new standards for flood insur-
ance rate maps pursuant to subsection (a) of this section, 
commence use of the new standards and updating of flood 
insurance rate maps in accordance with the new stand-
ards. Not later than the expiration of the 10-year period 
beginning upon the establishment of such new standards, 
the Administrator shall complete updating of all flood in-
surance rate maps in accordance with the new standards, 
subject to the availability of sufficient amounts for such 
activities provided in appropriation Acts. 
(e) TEMPORARY SUSPENSION OF MANDATORY PUR-
CHASE REQUIREMENT FOR CERTAIN PROPERTIES.— 
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(1) 
SUBMISSION
OF
ELEVATION
CERTIFI-
CATE.—Subject to paragraphs (2) and (3) of this 
subsection, subsections (a), (b), and (e) of section 
102 of the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4012a), and section 202(a) of such Act, 
shall not apply to a property located in an area des-
ignated as having a special flood hazard if the owner 
of such property submits to the Administrator an 
elevation certificate for such property showing that 
the lowest level of the primary residence on such 
property is at an elevation that is at least three feet 
higher than the elevation of the 100-year flood plain. 
(2) REVIEW OF CERTIFICATE.—The Adminis-
trator shall accept as conclusive each elevation cer-
tificate submitted under paragraph (1) unless the 
Administrator conducts a subsequent elevation sur-
vey and determines that the lowest level of the pri-
mary residence on the property in question is not at 
an elevation that is at least three feet higher than 
the elevation of the 100-year flood plain. The Ad-
ministrator shall provide any such subsequent ele-
vation survey to the owner of such property. 
(3) DETERMINATIONS
FOR
PROPERTIES
ON 
BORDERS OF SPECIAL FLOOD HAZARD AREAS.— 
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(A) EXPEDITED DETERMINATION.—In the 
case of any survey for a property submitted to 
the Administrator pursuant to paragraph (1) 
showing that a portion of the property is lo-
cated within an area having special flood haz-
ards and that a structure located on the prop-
erty is not located within such area having spe-
cial flood hazards, the Administrator shall expe-
ditiously process any request made by an owner 
of the property for a determination pursuant to 
paragraph (2) or a determination of whether 
the structure is located within the area having 
special flood hazards. 
(B) PROHIBITION OF FEE.—If the Admin-
istrator determines pursuant to subparagraph 
(A) that the structure on the property is not lo-
cated within the area having special flood haz-
ards, the Administrator shall not charge a fee 
for reviewing the flood hazard data and shall 
not require the owner to provide any additional 
elevation data. 
(C) SIMPLIFICATION
OF
REVIEW
PROC-
ESS.—The Administrator shall collaborate with 
private sector flood insurers to simplify the re-
view process for properties described in sub-
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paragraph (A) and to ensure that the review 
process provides for accurate determinations. 
(4) TERMINATION OF AUTHORITY.—This sub-
section shall cease to apply to a property on the date 
on which the Administrator updates the flood insur-
ance rate map that applies to such property in ac-
cordance with the requirements of subsection (d). 
SEC. 3008. TREATMENT OF LEVEES. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101) is amended by adding at the end 
the following new subsection: 
‘‘(k) TREATMENT OF LEVEES.—The Administrator 
may not issue flood insurance maps, or make effective up-
dated flood insurance maps, that omit or disregard the 
actual protection afforded by an existing levee, floodwall, 
pump or other flood protection feature, regardless of the 
accreditation status of such feature.’’. 
SEC. 3009. PRIVATIZATION INITIATIVES. 
(a) FEMA AND GAO REPORTS.—Not later than the 
expiration of the 18-month period beginning on the date 
of the enactment of this Act, the Administrator of the 
Federal Emergency Management Agency and the Comp-
troller General of the United States shall each conduct a 
separate study to assess a broad range of options, meth-
ods, and strategies for privatizing the national flood insur-
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ance program and shall each submit a report to the Com-
mittee on Financial Services of the House of Representa-
tives and the Committee on Banking, Housing, and Urban 
Affairs of the Senate with recommendations for the best 
manner to accomplish such privatization. 
(b) PRIVATE RISK-MANAGEMENT INITIATIVES.— 
(1) AUTHORITY.—The Administrator of the 
Federal Emergency Management Agency may carry 
out such private risk-management initiatives under 
the national flood insurance program as the Admin-
istrator considers appropriate to determine the ca-
pacity of private insurers, reinsurers, and financial 
markets to assist communities, on a voluntary basis 
only, in managing the full range of financial risks 
associated with flooding. 
(2) ASSESSMENT.—Not later than the expira-
tion of the 12-month period beginning on the date 
of the enactment of this Act, the Administrator shall 
assess the capacity of the private reinsurance, cap-
ital, and financial markets by seeking proposals to 
assume a portion of the program’s insurance risk 
and submit to the Congress a report describing the 
response to such request for proposals and the re-
sults of such assessment. 
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(3) PROTOCOL FOR RELEASE OF DATA.—The 
Administrator shall develop a protocol to provide for 
the release of data sufficient to conduct the assess-
ment required under paragraph (2). 
(c) REINSURANCE.—The National Flood Insurance 
Act of 1968 is amended— 
(1) 
in 
section 
1331(a)(2) 
(42 
U.S.C. 
4051(a)(2)), by inserting ‘‘, including as reinsurance 
of insurance coverage provided by the flood insur-
ance program’’ before ‘‘, on such terms’’; 
(2) 
in 
section 
1332(c)(2) 
(42 
U.S.C. 
4052(c)(2)), by inserting ‘‘or reinsurance’’ after 
‘‘flood insurance coverage’’; 
(3) in section 1335(a) (42 U.S.C. 4055(a))— 
(A) by inserting ‘‘(1)’’ after ‘‘(a)’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(2) The Administrator is authorized to secure rein-
surance coverage of coverage provided by the flood insur-
ance program from private market insurance, reinsurance, 
and capital market sources at rates and on terms deter-
mined by the Administrator to be reasonable and appro-
priate in an amount sufficient to maintain the ability of 
the program to pay claims and that minimizes the likeli-
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hood that the program will utilize the borrowing authority 
provided under section 1309.’’; 
(4) in section 1346(a) (12 U.S.C. 4082(a))— 
(A) in the matter preceding paragraph (1), 
by inserting ‘‘, or for purposes of securing rein-
surance of insurance coverage provided by the 
program,’’ before ‘‘of any or all of’’; 
(B) in paragraph (1)— 
(i) by striking ‘‘estimating’’ and in-
serting ‘‘Estimating’’; and 
(ii) by striking the semicolon at the 
end and inserting a period; 
(C) in paragraph (2)— 
(i) by striking ‘‘receiving’’ and insert-
ing ‘‘Receiving’’; and 
(ii) by striking the semicolon at the 
end and inserting a period; 
(D) in paragraph (3)— 
(i) by striking ‘‘making’’ and inserting 
‘‘Making’’; and 
(ii) by striking ‘‘; and’’ and inserting 
a period; 
(E) in paragraph (4)— 
(i) by striking ‘‘otherwise’’ and insert-
ing ‘‘Otherwise’’; and 
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(ii) by redesignating such paragraph 
as paragraph (5); and 
(F) by inserting after paragraph (3) the 
following new paragraph: 
‘‘(4) Placing reinsurance coverage on insurance 
provided by such program.’’; and 
(5) 
in 
section 
1370(a)(3) 
(42 
U.S.C. 
4121(a)(3)), by inserting before the semicolon at the 
end the following: ‘‘, is subject to the reporting re-
quirements of the Securities Exchange Act of 1934, 
pursuant to section 13(a) or 15(d) of such Act (15 
U.S.C. 78m(a), 78o(d)), or is authorized by the Ad-
ministrator to assume reinsurance on risks insured 
by the flood insurance program’’. 
(d) ASSESSMENT OF CLAIMS-PAYING ABILITY.— 
(1) ASSESSMENT.—Not later than September 
30 of each year, the Administrator of the Federal 
Emergency Management Agency shall conduct an 
assessment of the claims-paying ability of the na-
tional flood insurance program, including the pro-
gram’s utilization of private sector reinsurance and 
reinsurance equivalents, with and without reliance 
on borrowing authority under section 1309 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4016). In conducting the assessment, the Adminis-
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trator shall take into consideration regional con-
centrations of coverage written by the program, peak 
flood zones, and relevant mitigation measures. 
(2) REPORT.—The Administrator shall submit 
a report to the Congress of the results of each such 
assessment, and make such report available to the 
public, not later than 30 days after completion of 
the assessment. 
SEC. 3010. FEMA ANNUAL REPORT ON INSURANCE PRO-
GRAM. 
Section 1320 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4027) is amended— 
(1) in the section heading, by striking ‘‘REPORT 
TO THE PRESIDENT’’ and inserting ‘‘ANNUAL RE-
PORT TO CONGRESS’’; 
(2) in subsection (a)— 
(A) by striking ‘‘biennially’’; 
(B) by striking ‘‘the President for submis-
sion to’’; and 
(C) by inserting ‘‘not later than June 30 
of each year’’ before the period at the end; 
(3) in subsection (b), by striking ‘‘biennial’’ and 
inserting ‘‘annual’’; and 
(4) by adding at the end the following new sub-
section: 
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‘‘(c) FINANCIAL STATUS OF PROGRAM.—The report 
under this section for each year shall include information 
regarding the financial status of the national flood insur-
ance program under this title, including a description of 
the financial status of the National Flood Insurance Fund 
and current and projected levels of claims, premium re-
ceipts, expenses, and borrowing under the program.’’. 
SEC. 3011. MITIGATION ASSISTANCE. 
(a) MITIGATION
ASSISTANCE
GRANTS.—Section 
1366 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104c) is amended— 
(1) in subsection (a), by striking the last sen-
tence and inserting the following: ‘‘Such financial 
assistance shall be made available— 
‘‘(1) to States and communities in the form of 
grants under this section for carrying out mitigation 
activities; 
‘‘(2) to States and communities in the form of 
grants under this section for carrying out mitigation 
activities that reduce flood damage to severe repet-
itive loss structures; and 
‘‘(3) to property owners in the form of direct 
grants under this section for carrying out mitigation 
activities that reduce flood damage to individual 
structures for which 2 or more claim payments for 
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losses have been made under flood insurance cov-
erage under this title if the Administrator, after con-
sultation with the State and community, determines 
that neither the State nor community in which such 
a structure is located has the capacity to manage 
such grants.’’; 
(2) by striking subsection (b); 
(3) in subsection (c)— 
(A) by striking ‘‘flood risk’’ and inserting 
‘‘multi-hazard’’; 
(B) 
by 
striking 
‘‘provides 
protection 
against’’ and inserting ‘‘examines reduction of’’; 
and 
(C) by redesignating such subsection as 
subsection (b); 
(4) by striking subsection (d); 
(5) in subsection (e)— 
(A) in paragraph (1), by striking the para-
graph designation and all that follows through 
the end of the first sentence and inserting the 
following: 
‘‘(1) REQUIREMENT OF CONSISTENCY WITH AP-
PROVED
MITIGATION
PLAN.—Amounts 
provided 
under this section may be used only for mitigation 
activities that are consistent with mitigation plans 
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151 
that are approved by the Administrator and identi-
fied under subparagraph (4).’’; 
(B) by striking paragraphs (2), (3), and 
(4) and inserting the following new paragraphs: 
‘‘(2) REQUIREMENTS
OF
TECHNICAL
FEASI-
BILITY, COST EFFECTIVENESS, AND INTEREST OF 
NFIF.—The Administrator may approve only mitiga-
tion activities that the Administrator determines are 
technically feasible and cost-effective and in the in-
terest of, and represent savings to, the National 
Flood Insurance Fund. In making such determina-
tions, the Administrator shall take into consideration 
recognized benefits that are difficult to quantify. 
‘‘(3) PRIORITY FOR MITIGATION ASSISTANCE.— 
In providing grants under this section for mitigation 
activities, the Administrator shall give priority for 
funding to activities that the Administrator deter-
mines will result in the greatest savings to the Na-
tional Flood Insurance Fund, including activities 
for— 
‘‘(A) severe repetitive loss structures; 
‘‘(B) repetitive loss structures; and 
‘‘(C) other subsets of structures as the Ad-
ministrator may establish.’’; 
(C) in paragraph (5)— 
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(i) by striking all of the matter that 
precedes subparagraph (A) and inserting 
the following: 
‘‘(4) ELIGIBLE
ACTIVITIES.—Eligible ac-
tivities may include—’’; 
(ii) by striking subparagraphs (E) and 
(H); 
(iii) by redesignating subparagraphs 
(D), (F), and (G) as subparagraphs (E), 
(G), and (H); 
(iv) by inserting after subparagraph 
(C) the following new subparagraph: 
‘‘(D) 
elevation, 
relocation, 
and 
floodproofing of utilities (including equipment 
that serve structures);’’; 
(v) by inserting after subparagraph 
(E), as so redesignated by clause (iii) of 
this subparagraph, the following new sub-
paragraph: 
‘‘(F) the development or update of State, 
local, or Indian tribal mitigation plans which 
meet the planning criteria established by the 
Administrator, except that the amount from 
grants under this section that may be used 
under this subparagraph may not exceed 
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$50,000 for any mitigation plan of a State or 
$25,000 for any mitigation plan of a local gov-
ernment or Indian tribe;’’; 
(vi) in subparagraph (H); as so redes-
ignated by clause (iii) of this subpara-
graph, by striking ‘‘and’’ at the end; and 
(vii) by adding at the end the fol-
lowing new subparagraphs: 
‘‘(I) other mitigation activities not de-
scribed in subparagraphs (A) through (G) or 
the regulations issued under subparagraph (H), 
that are described in the mitigation plan of a 
State, community, or Indian tribe; and 
‘‘(J) personnel costs for State staff that 
provide technical assistance to communities to 
identify eligible activities, to develop grant ap-
plications, and to implement grants awarded 
under this section, not to exceed $50,000 per 
State in any Federal fiscal year, so long as the 
State applied for and was awarded at least 
$1,000,000 in grants available under this sec-
tion in the prior Federal fiscal year; the re-
quirements of subsections (d)(1) and (d)(2) 
shall not apply to the activity under this sub-
paragraph.’’; 
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(D) by adding at the end the following new 
paragraph: 
‘‘(6) ELIGIBILITY
OF
DEMOLITION
AND
RE-
BUILDING
OF
PROPERTIES.—The Administrator 
shall consider as an eligible activity the demolition 
and rebuilding of properties to at least base flood 
elevation or greater, if required by the Administrator 
or if required by any State regulation or local ordi-
nance, and in accordance with criteria established by 
the Administrator.’’; and 
(E) by redesignating such subsection as 
subsection (c); 
(6) by striking subsections (f), (g), and (h) and 
inserting the following new subsection: 
‘‘(d) MATCHING REQUIREMENT.—The Administrator 
may provide grants for eligible mitigation activities as fol-
lows: 
‘‘(1) SEVERE REPETITIVE LOSS STRUCTURES.— 
In the case of mitigation activities to severe repet-
itive loss structures, in an amount up to 100 percent 
of all eligible costs. 
‘‘(2) REPETITIVE LOSS STRUCTURES.—In the 
case of mitigation activities to repetitive loss struc-
tures, in an amount up to 90 percent of all eligible 
costs. 
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‘‘(3) OTHER MITIGATION ACTIVITIES.—In the 
case of all other mitigation activities, in an amount 
up to 75 percent of all eligible costs.’’; 
(7) in subsection (i)— 
(A) in paragraph (2)— 
(i) by striking ‘‘certified under sub-
section (g)’’ and inserting ‘‘required under 
subsection (d)’’; and 
(ii) by striking ‘‘3 times the amount’’ 
and inserting ‘‘the amount’’; and 
(B) by redesignating such subsection as 
subsection (e); 
(8) in subsection (j)— 
(A) in paragraph (1), by striking ‘‘Riegle 
Community Development and Regulatory Im-
provement Act of 1994’’ and inserting ‘‘Flood 
Insurance Reform Act of 2011’’; 
(B) by redesignating such subsection as 
subsection (f); and 
(9) by striking subsections (k) and (m) and in-
serting the following new subsections: 
‘‘(g) FAILURE TO MAKE GRANT AWARD WITHIN 5 
YEARS.—For any application for a grant under this sec-
tion for which the Administrator fails to make a grant 
award within 5 years of the date of application, the grant 
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application shall be considered to be denied and any fund-
ing amounts allocated for such grant applications shall re-
main in the National Flood Mitigation Fund under section 
1367 of this title and shall be made available for grants 
under this section. 
‘‘(h) LIMITATION ON FUNDING FOR MITIGATION AC-
TIVITIES FOR SEVERE REPETITIVE LOSS STRUCTURES.— 
The amount used pursuant to section 1310(a)(8) in any 
fiscal year may not exceed $40,000,000 and shall remain 
available until expended. 
‘‘(i) DEFINITIONS.—For purposes of this section, the 
following definitions shall apply: 
‘‘(1) 
COMMUNITY.—The 
term 
‘community’ 
means— 
‘‘(A) a political subdivision that— 
‘‘(i) has zoning and building code ju-
risdiction over a particular area having 
special flood hazards, and 
‘‘(ii) is participating in the national 
flood insurance program; or 
‘‘(B) a political subdivision of a State, or 
other authority, that is designated by political 
subdivisions, all of which meet the requirements 
of subparagraph (A), to administer grants for 
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mitigation activities for such political subdivi-
sions. 
‘‘(2) REPETITIVE LOSS STRUCTURE.—The term 
‘repetitive loss structure’ has the meaning given 
such term in section 1370. 
‘‘(3) SEVERE REPETITIVE LOSS STRUCTURE.— 
The term ‘severe repetitive loss structure’ means a 
structure that— 
‘‘(A) is covered under a contract for flood 
insurance made available under this title; and 
‘‘(B) has incurred flood-related damage— 
‘‘(i) for which 4 or more separate 
claims payments have been made under 
flood insurance coverage under this title, 
with the amount of each such claim ex-
ceeding $15,000, and with the cumulative 
amount of such claims payments exceeding 
$60,000; or 
‘‘(ii) for which at least 2 separate 
claims payments have been made under 
such coverage, with the cumulative amount 
of such claims exceeding the value of the 
insured structure.’’. 
(b) ELIMINATION OF GRANTS PROGRAM FOR REPET-
ITIVE INSURANCE CLAIMS PROPERTIES.—Chapter I of 
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the National Flood Insurance Act of 1968 is amended by 
striking section 1323 (42 U.S.C. 4030). 
(c) ELIMINATION OF PILOT PROGRAM FOR MITIGA-
TION OF SEVERE REPETITIVE LOSS PROPERTIES.—Chap-
ter III of the National Flood Insurance Act of 1968 is 
amended by striking section 1361A (42 U.S.C. 4102a). 
(d) NATIONAL FLOOD INSURANCE FUND.—Section 
1310(a) of the National Flood Insurance Act of 1968 (42 
U.S.C. 4017(a)) is amended— 
(1) in paragraph (6), by inserting ‘‘and’’ after 
the semicolon; 
(2) in paragraph (7), by striking the semicolon 
and inserting a period; and 
(3) by striking paragraphs (8) and (9). 
(e) NATIONAL FLOOD MITIGATION FUND.—Section 
1367 of the National Flood Insurance Act of 1968 (42 
U.S.C. 4104d) is amended— 
(1) in subsection (b)— 
(A) by striking paragraph (1) and insert-
ing the following new paragraph: 
‘‘(1) in each fiscal year, from the National 
Flood Insurance Fund in amounts not exceeding 
$90,000,000 to remain available until expended, of 
which— 
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‘‘(A) not more than $40,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(1); 
‘‘(B) not more than $40,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(2); and 
‘‘(C) not more than $10,000,000 shall be 
available pursuant to subsection (a) of this sec-
tion only for assistance described in section 
1366(a)(3).’’; 
(B) in paragraph (3), by striking ‘‘section 
1366(i)’’ and inserting ‘‘section 1366(e)’’; 
(2) in subsection (c), by striking ‘‘sections 1366 
and 1323’’ and inserting ‘‘section 1366’’; 
(3) by redesignating subsections (d) and (e) as 
subsections (f) and (g), respectively; and 
(4) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) PROHIBITION ON OFFSETTING COLLECTIONS.— 
Notwithstanding any other provision of this title, amounts 
made available pursuant to this section shall not be sub-
ject to offsetting collections through premium rates for 
flood insurance coverage under this title. 
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‘‘(e) CONTINUED AVAILABILITY
AND REALLOCA-
TION.—Any amounts made available pursuant to subpara-
graph (A), (B), or (C) of subsection (b)(1) that are not 
used in any fiscal year shall continue to be available for 
the purposes specified in such subparagraph of subsection 
(b)(1) pursuant to which such amounts were made avail-
able, unless the Administrator determines that realloca-
tion of such unused amounts to meet demonstrated need 
for other mitigation activities under section 1366 is in the 
best interest of the National Flood Insurance Fund.’’. 
(f) INCREASED COST OF COMPLIANCE COVERAGE.— 
Section 1304(b)(4) of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4011(b)(4)) is amended— 
(1) by striking subparagraph (B); and 
(2) by redesignating subparagraphs (C), (D), 
and (E) as subparagraphs (B), (C), and (D), respec-
tively. 
SEC. 3012. NOTIFICATION TO HOMEOWNERS REGARDING 
MANDATORY PURCHASE REQUIREMENT AP-
PLICABILITY AND RATE PHASE-INS. 
Section 201 of the Flood Disaster Protection Act of 
1973 (42 U.S.C. 4105) is amended by adding at the end 
the following new subsection: 
‘‘(f) ANNUAL NOTIFICATION.—The Administrator, in 
consultation with affected communities, shall establish and 
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carry out a plan to notify residents of areas having special 
flood hazards, on an annual basis— 
‘‘(1) that they reside in such an area; 
‘‘(2) of the geographical boundaries of such 
area; 
‘‘(3) of whether section 1308(g) of the National 
Flood Insurance Act of 1968 applies to properties 
within such area; 
‘‘(4) of the provisions of section 102 requiring 
purchase of flood insurance coverage for properties 
located in such an area, including the date on which 
such provisions apply with respect to such area, tak-
ing into consideration section 102(i); and 
‘‘(5) of a general estimate of what similar 
homeowners in similar areas typically pay for flood 
insurance coverage, taking into consideration section 
1308(g) of the National Flood Insurance Act of 
1968.’’. 
SEC. 3013. NOTIFICATION TO MEMBERS OF CONGRESS OF 
FLOOD MAP REVISIONS AND UPDATES. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101), as amended by the preceding pro-
visions of this title, is further amended by adding at the 
end the following new subsection: 
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‘‘(l) NOTIFICATION TO MEMBERS OF CONGRESS OF 
MAP MODERNIZATION.—Upon any revision or update of 
any floodplain area or flood-risk zone pursuant to sub-
section (f), any decision pursuant to subsection (f)(1) that 
such revision or update is necessary, any issuance of pre-
liminary maps for such revision or updating, or any other 
significant action relating to any such revision or update, 
the Administrator shall notify the Senators for each State 
affected, and each Member of the House of Representa-
tives for each congressional district affected, by such revi-
sion or update in writing of the action taken.’’. 
SEC. 3014. NOTIFICATION AND APPEAL OF MAP CHANGES; 
NOTIFICATION TO COMMUNITIES OF ESTAB-
LISHMENT OF FLOOD ELEVATIONS. 
Section 1363 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4104) is amended by striking the section 
designation and all that follows through the end of sub-
section (a) and inserting the following: 
‘‘SEC. 1363. (a) In establishing projected flood ele-
vations for land use purposes with respect to any commu-
nity pursuant to section 1361, the Director shall first pro-
pose such determinations— 
‘‘(1) by providing the chief executive officer of 
each community affected by the proposed elevations, 
by certified mail, with a return receipt requested, 
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notice of the elevations, including a copy of the maps 
for the elevations for such community and a state-
ment explaining the process under this section to ap-
peal for changes in such elevations; 
‘‘(2) by causing notice of such elevations to be 
published in the Federal Register, which notice shall 
include information sufficient to identify the ele-
vation determinations and the communities affected, 
information explaining how to obtain copies of the 
elevations, and a statement explaining the process 
under this section to appeal for changes in the ele-
vations; 
‘‘(3) by publishing in a prominent local news-
paper the elevations, a description of the appeals 
process for flood determinations, and the mailing ad-
dress and telephone number of a person the owner 
may contact for more information or to initiate an 
appeal; and 
‘‘(4) by providing written notification, by first 
class mail, to each owner of real property affected by 
the proposed elevations of— 
‘‘(A) the status of such property, both 
prior to and after the effective date of the pro-
posed determination, with respect to flood zone 
and flood insurance requirements under this 
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Act and the Flood Disaster Protection Act of 
1973; 
‘‘(B) the process under this section to ap-
peal a flood elevation determination; and 
‘‘(C) the mailing address and phone num-
ber of a person the owner may contact for more 
information or to initiate an appeal.’’. 
SEC. 3015. NOTIFICATION TO TENANTS OF AVAILABILITY 
OF CONTENTS INSURANCE. 
The National Flood Insurance Act of 1968 is amend-
ed by inserting after section 1308 (42 U.S.C. 4015) the 
following new section: 
‘‘SEC. 1308A. NOTIFICATION TO TENANTS OF AVAILABILITY 
OF CONTENTS INSURANCE. 
‘‘(a) IN GENERAL.—The Administrator shall, upon 
entering into a contract for flood insurance coverage under 
this title for any property— 
‘‘(1) provide to the insured sufficient copies of 
the notice developed pursuant to subsection (b); and 
‘‘(2) require the insured to provide a copy of 
the notice, or otherwise provide notification of the 
information under subsection (b) in the manner that 
the manager or landlord deems most appropriate, to 
each such tenant and to each new tenant upon com-
mencement of such a tenancy. 
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‘‘(b) NOTICE.—Notice to a tenant of a property in 
accordance with this subsection is written notice that 
clearly informs a tenant— 
‘‘(1) whether the property is located in an area 
having special flood hazards; 
‘‘(2) that flood insurance coverage is available 
under the national flood insurance program under 
this title for contents of the unit or structure leased 
by the tenant; 
‘‘(3) of the maximum amount of such coverage 
for contents available under this title at that time; 
and 
‘‘(4) of where to obtain information regarding 
how to obtain such coverage, including a telephone 
number, mailing address, and Internet site of the 
Administrator where such information is available.’’. 
SEC. 3016. NOTIFICATION TO POLICY HOLDERS REGARD-
ING DIRECT MANAGEMENT OF POLICY BY 
FEMA. 
Part C of chapter II of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4081 et seq.) is amended by add-
ing at the end the following new section: 
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‘‘SEC. 1349. NOTIFICATION TO POLICY HOLDERS REGARD-
ING DIRECT MANAGEMENT OF POLICY BY 
FEMA. 
‘‘(a) NOTIFICATION.—Not later than 60 days before 
the date on which a transferred flood insurance policy ex-
pires, and annually thereafter until such time as the Fed-
eral Emergency Management Agency is no longer directly 
administering such policy, the Administrator shall notify 
the holder of such policy that— 
‘‘(1) the Federal Emergency Management 
Agency is directly administering the policy; 
‘‘(2) such holder may purchase flood insurance 
that is directly administered by an insurance com-
pany; and 
‘‘(3) purchasing flood insurance offered under 
the National Flood Insurance Program that is di-
rectly administered by an insurance company will 
not alter the coverage provided or the premiums 
charged to such holder that otherwise would be pro-
vided or charged if the policy was directly adminis-
tered by the Federal Emergency Management Agen-
cy. 
‘‘(b) DEFINITION.—In this section, the term ‘trans-
ferred flood insurance policy’ means a flood insurance pol-
icy that— 
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‘‘(1) was directly administered by an insurance 
company at the time the policy was originally pur-
chased by the policy holder; and 
‘‘(2) at the time of renewal of the policy, direct 
administration of the policy was or will be trans-
ferred to the Federal Emergency Management Agen-
cy.’’. 
SEC. 3017. NOTICE OF AVAILABILITY OF FLOOD INSURANCE 
AND ESCROW IN RESPA GOOD FAITH ESTI-
MATE. 
Subsection (c) of section 5 of the Real Estate Settle-
ment Procedures Act of 1974 (12 U.S.C. 2604(c)) is 
amended by adding at the end the following new sentence: 
‘‘Each such good faith estimate shall include the following 
conspicuous statements and information: (1) that flood in-
surance coverage for residential real estate is generally 
available under the national flood insurance program 
whether or not the real estate is located in an area having 
special flood hazards and that, to obtain such coverage, 
a home owner or purchaser should contact the national 
flood insurance program; (2) a telephone number and a 
location on the Internet by which a home owner or pur-
chaser can contact the national flood insurance program; 
and (3) that the escrowing of flood insurance payments 
is required for many loans under section 102(d) of the 
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Flood Disaster Protection Act of 1973, and may be a con-
venient and available option with respect to other loans.’’. 
SEC. 3018. REIMBURSEMENT FOR COSTS INCURRED BY 
HOMEOWNERS AND COMMUNITIES OBTAIN-
ING LETTERS OF MAP AMENDMENT OR REVI-
SION. 
(a) IN GENERAL.—Section 1360 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4101), as amend-
ed by the preceding provisions of this title, is further 
amended by adding at the end the following new sub-
section: 
‘‘(m) REIMBURSEMENT.— 
‘‘(1) 
REQUIREMENT
UPON
BONA
FIDE 
ERROR.—If an owner of any property located in an 
area described in section 102(i)(3) of the Flood Dis-
aster Protection Act of 1973, or a community in 
which such a property is located, obtains a letter of 
map amendment, or a letter of map revision, due to 
a bona fide error on the part of the Administrator 
of the Federal Emergency Management Agency, the 
Administrator shall reimburse such owner, or such 
entity or jurisdiction acting on such owner’s behalf, 
or such community, as applicable, for any reasonable 
costs incurred in obtaining such letter. 
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‘‘(2) REASONABLE COSTS.—The Administrator 
shall, by regulation or notice, determine a reasonable 
amount of costs to be reimbursed under paragraph 
(1), except that such costs shall not include legal or 
attorneys fees. In determining the reasonableness of 
costs, the Administrator shall only consider the ac-
tual costs to the owner or community, as applicable, 
of utilizing the services of an engineer, surveyor, or 
similar services.’’. 
(b) REGULATIONS.—Not later than 90 days after the 
date of the enactment of this Act, the Administrator of 
the Federal Emergency Management Agency shall issue 
the regulations or notice required under section 
1360(m)(2) of the National Flood Insurance Act of 1968, 
as added by the amendment made by subsection (a) of 
this section. 
SEC. 3019. ENHANCED COMMUNICATION WITH CERTAIN 
COMMUNITIES 
DURING 
MAP 
UPDATING 
PROCESS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101), as amended by the preceding pro-
visions of this title, is further amended by adding at the 
end the following new subsection: 
‘‘(n) ENHANCED COMMUNICATION WITH CERTAIN 
COMMUNITIES DURING MAP UPDATING PROCESS.—In 
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updating flood insurance maps under this section, the Ad-
ministrator shall communicate with communities located 
in areas where flood insurance rate maps have not been 
updated in 20 years or more and the appropriate State 
emergency agencies to resolve outstanding issues, provide 
technical assistance, and disseminate all necessary infor-
mation to reduce the prevalence of outdated maps in flood- 
prone areas.’’. 
SEC. 3020. NOTIFICATION TO RESIDENTS NEWLY INCLUDED 
IN FLOOD HAZARD AREAS. 
Section 1360 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4101), as amended by the preceding pro-
visions of this title, is further amended by adding at the 
end the following new subsection: 
‘‘(o) NOTIFICATION
TO
RESIDENTS
NEWLY
IN-
CLUDED IN FLOOD HAZARD AREA.—In revising or updat-
ing any areas having special flood hazards, the Adminis-
trator shall provide to each owner of a property to be 
newly included in such a special flood hazard area, at the 
time of issuance of such proposed revised or updated flood 
insurance maps, a copy of the proposed revised or updated 
flood insurance maps together with information regarding 
the appeals process under section 1363 of the National 
Flood Insurance Act of 1968 (42 U.S.C. 4104).’’. 
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171 
SEC. 3021. TREATMENT OF SWIMMING POOL ENCLOSURES 
OUTSIDE OF HURRICANE SEASON. 
Chapter I of the National Flood Insurance Act of 
1968 (42 U.S.C. 4001 et seq.) is amended by adding at 
the end the following new section: 
‘‘SEC. 1325. TREATMENT OF SWIMMING POOL ENCLOSURES 
OUTSIDE OF HURRICANE SEASON. 
‘‘In the case of any property that is otherwise in com-
pliance with the coverage and building requirements of the 
national flood insurance program, the presence of an en-
closed swimming pool located at ground level or in the 
space below the lowest floor of a building after November 
30 and before June 1 of any year shall have no effect on 
the terms of coverage or the ability to receive coverage 
for such building under the national flood insurance pro-
gram established pursuant to this title, if the pool is en-
closed with non-supporting breakaway walls.’’. 
SEC. 3022. INFORMATION REGARDING MULTIPLE PERILS 
CLAIMS. 
Section 1345 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4081) is amended by adding at the end 
the following new subsection: 
‘‘(d) INFORMATION REGARDING MULTIPLE PERILS 
CLAIMS.— 
‘‘(1) IN GENERAL.—Subject to paragraph (2), 
if an insured having flood insurance coverage under 
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a policy issued under the program under this title by 
the Administrator or a company, insurer, or entity 
offering flood insurance coverage under such pro-
gram (in this subsection referred to as a ‘partici-
pating company’) has wind or other homeowners 
coverage from any company, insurer, or other entity 
covering property covered by such flood insurance, in 
the case of damage to such property that may have 
been caused by flood or by wind, the Administrator 
and the participating company, upon the request of 
the insured, shall provide to the insured, within 30 
days of such request— 
‘‘(A) a copy of the estimate of structure 
damage; 
‘‘(B) proofs of loss; 
‘‘(C) any expert or engineering reports or 
documents commissioned by or relied upon by 
the Administrator or participating company in 
determining whether the damage was caused by 
flood or any other peril; and 
‘‘(D) the Administrator’s or the partici-
pating company’s final determination on the 
claim. 
‘‘(2) TIMING.—Paragraph (1) shall apply only 
with respect to a request described in such para-
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graph made by an insured after the Administrator 
or the participating company, or both, as applicable, 
have issued a final decision on the flood claim in-
volved and resolution of all appeals with respect to 
such claim.’’. 
SEC. 3023. FEMA AUTHORITY TO REJECT TRANSFER OF 
POLICIES. 
Section 1345 of the National Flood Insurance Act of 
1968 (42 U.S.C. 4081) is amended by adding at the end 
the following new subsection: 
‘‘(e) FEMA AUTHORITY TO REJECT TRANSFER OF 
POLICIES.—Notwithstanding any other provision of this 
Act, the Administrator may, at the discretion of the Ad-
ministrator, refuse to accept the transfer of the adminis-
tration of policies for coverage under the flood insurance 
program under this title that are written and administered 
by any insurance company or other insurer, or any insur-
ance agent or broker.’’. 
SEC. 3024. APPEALS. 
(a) TELEVISION AND RADIO ANNOUNCEMENT.—Sec-
tion 1363 of the National Flood Insurance Act of 1968 
(42 U.S.C. 4104) is amended— 
(1) in subsection (a), by inserting after ‘‘deter-
minations’’ by inserting the following: ‘‘by notifying 
a local television and radio station,’’; and 
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(2) in the first sentence of subsection (b), by in-
serting before the period at the end the following: 
‘‘and shall notify a local television and radio station 
at least once during the same 10-day period’’. 
(b) EXTENSION OF APPEALS PERIOD.—Subsection 
(b) of section 1363 of the National Flood Insurance Act 
of 1968 (42 U.S.C. 4104(b)) is amended— 
(1) by striking ‘‘(b) The Director’’ and insert-
ing ‘‘(b)(1) The Administrator’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2) The Administrator shall grant an extension of 
the 90-day period for appeals referred to in paragraph (1) 
for 90 additional days if an affected community certifies 
to the Administrator, after the expiration of at least 60 
days of such period, that the community— 
‘‘(A) believes there are property owners or les-
sees in the community who are unaware of such pe-
riod for appeals; and 
‘‘(B) will utilize the extension under this para-
graph to notify property owners or lessees who are 
affected by the proposed flood elevation determina-
tions of the period for appeals and the opportunity 
to appeal the determinations proposed by the Ad-
ministrator.’’. 
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(c) APPLICABILITY.—The amendments made by sub-
sections (a) and (b) shall apply with respect to any flood 
elevation determination for any area in a community that 
has not, as of the date of the enactment of this Act, been 
issued a Letter of Final Determination for such deter-
mination under the flood insurance map modernization 
process. 
SEC. 3025. RESERVE FUND. 
(a) ESTABLISHMENT.—Chapter I of the National 
Flood Insurance Act of 1968 is amended by inserting after 
section 1310 (42 U.S.C. 4017) the following new section: 
‘‘SEC. 1310A. RESERVE FUND. 
‘‘(a) ESTABLISHMENT OF RESERVE FUND.—In car-
rying out the flood insurance program authorized by this 
title, the Administrator shall establish in the Treasury of 
the United States a National Flood Insurance Reserve 
Fund (in this section referred to as the ‘Reserve Fund’) 
which shall— 
‘‘(1) be an account separate from any other ac-
counts or funds available to the Administrator; and 
‘‘(2) be available for meeting the expected fu-
ture obligations of the flood insurance program. 
‘‘(b) RESERVE RATIO.—Subject to the phase-in re-
quirements under subsection (d), the Reserve Fund shall 
maintain a balance equal to— 
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‘‘(1) 1 percent of the sum of the total potential 
loss exposure of all outstanding flood insurance poli-
cies in force in the prior fiscal year; or 
‘‘(2) such higher percentage as the Adminis-
trator determines to be appropriate, taking into con-
sideration any circumstance that may raise a signifi-
cant risk of substantial future losses to the Reserve 
Fund. 
‘‘(c) MAINTENANCE OF RESERVE RATIO.— 
‘‘(1) IN
GENERAL.—The Administrator shall 
have the authority to establish, increase, or decrease 
the amount of aggregate annual insurance premiums 
to be collected for any fiscal year necessary— 
‘‘(A) to maintain the reserve ratio required 
under subsection (b); and 
‘‘(B) to achieve such reserve ratio, if the 
actual balance of such reserve is below the 
amount required under subsection (b). 
‘‘(2) CONSIDERATIONS.—In exercising the au-
thority under paragraph (1), the Administrator shall 
consider— 
‘‘(A) the expected operating expenses of 
the Reserve Fund; 
‘‘(B) the insurance loss expenditures under 
the flood insurance program; 
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‘‘(C) any investment income generated 
under the flood insurance program; and 
‘‘(D) any other factor that the Adminis-
trator determines appropriate. 
‘‘(3) LIMITATIONS.—In exercising the authority 
under paragraph (1), the Administrator shall be 
subject to all other provisions of this Act, including 
any provisions relating to chargeable premium rates 
and annual increases of such rates. 
‘‘(d) PHASE-IN REQUIREMENTS.—The phase-in re-
quirements under this subsection are as follows: 
‘‘(1) IN
GENERAL.—Beginning in fiscal year 
2012 and not ending until the fiscal year in which 
the ratio required under subsection (b) is achieved, 
in each such fiscal year the Administrator shall 
place in the Reserve Fund an amount equal to not 
less than 7.5 percent of the reserve ratio required 
under subsection (b). 
‘‘(2) AMOUNT SATISFIED.—As soon as the ratio 
required under subsection (b) is achieved, and except 
as provided in paragraph (3), the Administrator 
shall not be required to set aside any amounts for 
the Reserve Fund. 
‘‘(3) EXCEPTION.—If at any time after the 
ratio required under subsection (b) is achieved, the 
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Reserve Fund falls below the required ratio under 
subsection (b), the Administrator shall place in the 
Reserve Fund for that fiscal year an amount equal 
to not less than 7.5 percent of the reserve ratio re-
quired under subsection (b). 
‘‘(e) LIMITATION ON RESERVE RATIO.—In any given 
fiscal year, if the Administrator determines that the re-
serve ratio required under subsection (b) cannot be 
achieved, the Administrator shall submit a report to the 
Congress that— 
‘‘(1) describes and details the specific concerns 
of the Administrator regarding such consequences; 
‘‘(2) demonstrates how such consequences 
would harm the long-term financial soundness of the 
flood insurance program; and 
‘‘(3) indicates the maximum attainable reserve 
ratio for that particular fiscal year. 
‘‘(f) AVAILABILITY OF AMOUNTS.—The reserve ratio 
requirements under subsection (b) and the phase-in re-
quirements under subsection (d) shall be subject to the 
availability of amounts in the National Flood Insurance 
Fund for transfer under section 1310(a)(10), as provided 
in section 1310(f).’’. 
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(b) FUNDING.—Subsection (a) of section 1310 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 
4017(a)) is amended— 
(1) in paragraph (8), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (9), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(10) for transfers to the National Flood Insur-
ance Reserve Fund under section 1310A, in accord-
ance with such section.’’. 
SEC. 3026. CDBG ELIGIBILITY FOR FLOOD INSURANCE OUT-
REACH ACTIVITIES AND COMMUNITY BUILD-
ING CODE ADMINISTRATION GRANTS. 
Section 105(a) of the Housing and Community De-
velopment Act of 1974 (42 U.S.C. 5305(a)) is amended— 
(1) in paragraph (24), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (25), by striking the period at 
the end and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(26) supplementing existing State or local 
funding for administration of building code enforce-
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ment by local building code enforcement depart-
ments, including for increasing staffing, providing 
staff training, increasing staff competence and pro-
fessional qualifications, and supporting individual 
certification or departmental accreditation, and for 
capital expenditures specifically dedicated to the ad-
ministration of the building code enforcement de-
partment, except that, to be eligible to use amounts 
as provided in this paragraph— 
‘‘(A) a building code enforcement depart-
ment shall provide matching, non-Federal funds 
to be used in conjunction with amounts used 
under this paragraph in an amount— 
‘‘(i) in the case of a building code en-
forcement department serving an area with 
a population of more than 50,000, equal to 
not less than 50 percent of the total 
amount of any funds made available under 
this title that are used under this para-
graph; 
‘‘(ii) in the case of a building code en-
forcement department serving an area with 
a population of between 20,001 and 
50,000, equal to not less than 25 percent 
of the total amount of any funds made 
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available under this title that are used 
under this paragraph; and 
‘‘(iii) in the case of a building code 
enforcement department serving an area 
with a population of less than 20,000, 
equal to not less than 12.5 percent of the 
total amount of any funds made available 
under this title that are used under this 
paragraph, 
except that the Secretary may waive the match-
ing fund requirements under this subparagraph, 
in whole or in part, based upon the level of eco-
nomic distress of the jurisdiction in which is lo-
cated the local building code enforcement de-
partment that is using amounts for purposes 
under this paragraph, and shall waive such 
matching fund requirements in whole for any 
recipient jurisdiction that has dedicated all 
building code permitting fees to the conduct of 
local building code enforcement; and 
‘‘(B) any building code enforcement de-
partment using funds made available under this 
title for purposes under this paragraph shall 
empanel a code administration and enforcement 
team consisting of at least 1 full-time building 
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code enforcement officer, a city planner, and a 
health planner or similar officer; and 
‘‘(27) provision of assistance to local govern-
mental agencies responsible for floodplain manage-
ment activities (including such agencies of Indians 
tribes, as such term is defined in section 4 of the 
Native American Housing Assistance and Self-De-
termination Act of 1996 (25 U.S.C. 4103)) in com-
munities that participate in the national flood insur-
ance program under the National Flood Insurance 
Act of 1968 (42 U.S.C. 4001 et seq.), only for car-
rying out outreach activities to encourage and facili-
tate the purchase of flood insurance protection 
under such Act by owners and renters of properties 
in such communities and to promote educational ac-
tivities that increase awareness of flood risk reduc-
tion; except that— 
‘‘(A) amounts used as provided under this 
paragraph shall be used only for activities de-
signed to— 
‘‘(i) identify owners and renters of 
properties in communities that participate 
in the national flood insurance program, 
including owners of residential and com-
mercial properties; 
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‘‘(ii) notify such owners and renters 
when their properties become included in, 
or when they are excluded from, an area 
having special flood hazards and the effect 
of such inclusion or exclusion on the appli-
cability of the mandatory flood insurance 
purchase requirement under section 102 of 
the Flood Disaster Protection Act of 1973 
(42 U.S.C. 4012a) to such properties; 
‘‘(iii) educate such owners and renters 
regarding the flood risk and reduction of 
this risk in their community, including the 
continued flood risks to areas that are no 
longer subject to the flood insurance man-
datory purchase requirement; 
‘‘(iv) educate such owners and renters 
regarding the benefits and costs of main-
taining or acquiring flood insurance, in-
cluding, where applicable, lower-cost pre-
ferred risk policies under this title for such 
properties and the contents of such prop-
erties; 
‘‘(v) encourage such owners and rent-
ers to maintain or acquire such coverage; 
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‘‘(vi) notify such owners of where to 
obtain information regarding how to obtain 
such coverage, including a telephone num-
ber, mailing address, and Internet site of 
the Administrator of the Federal Emer-
gency Management Agency (in this para-
graph referred to as the ‘Administrator’) 
where such information is available; and 
‘‘(vii) educate local real estate agents 
in communities participating in the na-
tional flood insurance program regarding 
the program and the availability of cov-
erage under the program for owners and 
renters of properties in such communities, 
and establish coordination and liaisons 
with such real estate agents to facilitate 
purchase of coverage under the National 
Flood Insurance Act of 1968 and increase 
awareness of flood risk reduction; 
‘‘(B) in any fiscal year, a local govern-
mental agency may not use an amount under 
this paragraph that exceeds 3 times the amount 
that the agency certifies, as the Secretary, in 
consultation with the Administrator, shall re-
quire, that the agency will contribute from non- 
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Federal funds to be used with such amounts 
used under this paragraph only for carrying out 
activities described in subparagraph (A); and 
for purposes of this subparagraph, the term 
‘non-Federal funds’ includes State or local gov-
ernment agency amounts, in-kind contributions, 
any salary paid to staff to carry out the eligible 
activities of the local governmental agency in-
volved, the value of the time and services con-
tributed by volunteers to carry out such services 
(at a rate determined by the Secretary), and 
the value of any donated material or building 
and the value of any lease on a building; 
‘‘(C) a local governmental agency that uses 
amounts as provided under this paragraph may 
coordinate or contract with other agencies and 
entities having particular capacities, specialties, 
or experience with respect to certain popu-
lations or constituencies, including elderly or 
disabled families or persons, to carry out activi-
ties described in subparagraph (A) with respect 
to such populations or constituencies; and 
‘‘(D) each local government agency that 
uses amounts as provided under this paragraph 
shall submit a report to the Secretary and the 
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Administrator, not later than 12 months after 
such amounts are first received, which shall in-
clude such information as the Secretary and the 
Administrator jointly consider appropriate to 
describe the activities conducted using such 
amounts and the effect of such activities on the 
retention or acquisition of flood insurance cov-
erage.’’. 
SEC. 3027. TECHNICAL CORRECTIONS. 
(a) FLOOD DISASTER PROTECTION ACT OF 1973.— 
The Flood Disaster Protection Act of 1973 (42 U.S.C. 
4002 et seq.) is amended— 
(1) by striking ‘‘Director’’ each place such term 
appears, except in section 102(f)(3) (42 U.S.C. 
4012a(f)(3)), and inserting ‘‘Administrator’’; and 
(2) in section 201(b) (42 U.S.C. 4105(b)), by 
striking ‘‘Director’s’’ and inserting ‘‘Administra-
tor’s’’. 
(b) NATIONAL FLOOD INSURANCE ACT OF 1968.— 
The National Flood Insurance Act of 1968 (42 U.S.C. 
4001 et seq.) is amended— 
(1) by striking ‘‘Director’’ each place such term 
appears and inserting ‘‘Administrator’’; and 
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(2) in section 1363 (42 U.S.C. 4104), by strik-
ing ‘‘Director’s’’ each place such term appears and 
inserting ‘‘Administrator’s’’. 
(c) FEDERAL FLOOD INSURANCE ACT OF 1956.— 
Section 15(e) of the Federal Flood Insurance Act of 1956 
(42 U.S.C. 2414(e)) is amended by striking ‘‘Director’’ 
each place such term appears and inserting ‘‘Adminis-
trator’’. 
SEC. 
3028. 
REQUIRING 
COMPETITION 
FOR 
NATIONAL 
FLOOD INSURANCE PROGRAM POLICIES. 
(a) REPORT.—Not later than the expiration of the 
90-day period beginning upon the date of the enactment 
of this Act, the Administrator of the Federal Emergency 
Management Agency, in consultation with insurance com-
panies, insurance agents and other organizations with 
which the Administrator has contracted, shall submit to 
the Congress a report describing procedures and policies 
that the Administrator shall implement to limit the per-
centage of policies for flood insurance coverage under the 
national flood insurance program that are directly man-
aged by the Agency to not more than 10 percent of the 
aggregate number of flood insurance policies in force 
under such program. 
(b) IMPLEMENTATION.—Upon submission of the re-
port under subsection (a) to the Congress, the Adminis-
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trator shall implement the policies and procedures de-
scribed in the report. The Administrator shall, not later 
than the expiration of the 12-month period beginning 
upon submission of such report, reduce the number of 
policies for flood insurance coverage that are directly man-
aged by the Agency, or by the Agency’s direct servicing 
contractor that is not an insurer, to not more than 10 
percent of the aggregate number of flood insurance poli-
cies in force as of the expiration of such 12-month period. 
(c) CONTINUATION OF CURRENT AGENT RELATION-
SHIPS.—In carrying out subsection (b), the Administrator 
shall ensure that— 
(1) agents selling or servicing policies described 
in such subsection are not prevented from con-
tinuing to sell or service such policies; and 
(2) insurance companies are not prevented from 
waiving any limitation such companies could other-
wise enforce to limit any such activity. 
SEC. 3029. STUDIES OF VOLUNTARY COMMUNITY-BASED 
FLOOD INSURANCE OPTIONS. 
(a) STUDIES.—The Administrator of the Federal 
Emergency Management Agency and the Comptroller 
General of the United States shall each conduct a separate 
study to assess options, methods, and strategies for offer-
ing voluntary community-based flood insurance policy op-
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tions and incorporating such options into the national 
flood insurance program. Such studies shall take into con-
sideration and analyze how the policy options would affect 
communities having varying economic bases, geographic 
locations, flood hazard characteristics or classifications, 
and flood management approaches. 
(b) REPORTS.—Not later than the expiration of the 
18-month period beginning on the date of the enactment 
of this Act, the Administrator of the Federal Emergency 
Management Agency and the Comptroller General of the 
United States shall each submit a report to the Committee 
on Financial Services of the House of Representatives and 
the Committee on Banking, Housing, and Urban Affairs 
of the Senate on the results and conclusions of the study 
such agency conducted under subsection (a), and each 
such report shall include recommendations for the best 
manner to incorporate voluntary community-based flood 
insurance options into the national flood insurance pro-
gram and for a strategy to implement such options that 
would encourage communities to undertake flood mitiga-
tion activities. 
SEC. 3030. REPORT ON INCLUSION OF BUILDING CODES IN 
FLOODPLAIN MANAGEMENT CRITERIA. 
Not later than the expiration of the 6-month period 
beginning on the date of the enactment of this Act, the 
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Administrator of the Federal Emergency Management 
Agency shall conduct a study and submit a report to the 
Committee on Financial Services of the House of Rep-
resentatives and the Committee on Banking, Housing, and 
Urban Affairs of the Senate regarding the impact, effec-
tiveness, and feasibility of amending section 1361 of the 
National Flood Insurance Act of 1968 (42 U.S.C. 4102) 
to include widely used and nationally recognized building 
codes as part of the floodplain management criteria devel-
oped under such section, and shall determine— 
(1) the regulatory, financial, and economic im-
pacts of such a building code requirement on home-
owners, States and local communities, local land use 
policies, and the Federal Emergency Management 
Agency; 
(2) the resources required of State and local 
communities to administer and enforce such a build-
ing code requirement; 
(3) the effectiveness of such a building code re-
quirement in reducing flood-related damage to build-
ings and contents; 
(4) the impact of such a building code require-
ment on the actuarial soundness of the National 
Flood Insurance Program; 
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(5) the effectiveness of nationally recognized 
codes in allowing innovative materials and systems 
for flood-resistant construction; 
(6) the feasibility and effectiveness of providing 
an incentive in lower premium rates for flood insur-
ance coverage under such Act for structures meeting 
whichever of such widely used and nationally recog-
nized building code or any applicable local building 
code provides greater protection from flood damage; 
(7) the impact of such a building code require-
ment on rural communities with different building 
code challenges than more urban environments; and 
(8) the impact of such a building code require-
ment on Indian reservations. 
SEC. 3031. STUDY ON GRADUATED RISK. 
(a) STUDY.—The National Academy of Sciences shall 
conduct a study exploring methods for understanding 
graduated risk behind levees and the associated land de-
velopment, insurance, and risk communication dimensions, 
which shall— 
(1) research, review, and recommend current 
best practices for estimating direct annualized flood 
losses behind levees for residential and commercial 
structures; 
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(2) rank such practices based on their best 
value, balancing cost, scientific integrity, and the in-
herent uncertainties associated with all aspects of 
the loss estimate, including geotechnical engineering, 
flood frequency estimates, economic value, and direct 
damages; 
(3) research, review, and identify current best 
floodplain management and land use practices be-
hind levees that effectively balance social, economic, 
and environmental considerations as part of an over-
all flood risk management strategy; 
(4) identify examples where such practices have 
proven effective and recommend methods and proc-
esses by which they could be applied more broadly 
across the United States, given the variety of dif-
ferent flood risks, State and local legal frameworks, 
and evolving judicial opinions; 
(5) research, review, and identify a variety of 
flood insurance pricing options for flood hazards be-
hind levees which are actuarially sound and based on 
the flood risk data developed using the top three 
best value approaches identified pursuant to para-
graph (1); 
(6) evaluate and recommend methods to reduce 
insurance costs through creative arrangements be-
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tween insureds and insurers while keeping a clear 
accounting of how much financial risk is being borne 
by various parties such that the entire risk is ac-
counted for, including establishment of explicit limits 
on disaster aid or other assistance in the event of a 
flood; and 
(7) taking into consideration the recommenda-
tions pursuant to paragraphs (1) through (3), rec-
ommend approaches to communicating the associ-
ated risks to community officials, homeowners, and 
other residents. 
(b) REPORT.—Not later than the expiration of the 
12-month period beginning on the date of the enactment 
of this Act, the National Academy of Sciences shall submit 
a report to the Committees on Financial Services and 
Science, Space, and Technology of the House of Rep-
resentatives and the Committees on Banking, Housing, 
and Urban Affairs and Commerce, Science and Transpor-
tation of the Senate on the study under subsection (a) in-
cluding the information and recommendations required 
under such subsection. 
SEC. 3032. REPORT ON FLOOD-IN-PROGRESS DETERMINA-
TION. 
The Administrator of the Federal Emergency Man-
agement Agency shall review the processes and procedures 
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for determining that a flood event has commenced or is 
in progress for purposes of flood insurance coverage made 
available under the national flood insurance program 
under the National Flood Insurance Act of 1968 and for 
providing public notification that such an event has com-
menced or is in progress. In such review, the Adminis-
trator shall take into consideration the effects and implica-
tions that weather conditions, such as rainfall, snowfall, 
projected snowmelt, existing water levels, and other condi-
tions have on the determination that a flood event has 
commenced or is in progress. Not later than the expiration 
of the 6-month period beginning upon the date of the en-
actment of this Act, the Administrator shall submit a re-
port to the Congress setting forth the results and conclu-
sions of the review undertaken pursuant to this section 
and any actions undertaken or proposed actions to be 
taken to provide for a more precise and technical deter-
mination that a flooding event has commenced or is in 
progress. 
SEC. 3033. STUDY ON REPAYING FLOOD INSURANCE DEBT. 
Not later than the expiration of the 6-month period 
beginning on the date of the enactment of this Act, the 
Administrator of the Federal Emergency Management 
Agency shall submit a report to the Congress setting forth 
a plan for repaying within 10 years all amounts, including 
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any amounts previously borrowed but not yet repaid, owed 
pursuant to clause (2) of subsection (a) of section 1309 
of the National Flood Insurance Act of 1968 (42 U.S.C. 
4016(a)(2)). 
SEC. 3034. NO CAUSE OF ACTION. 
No cause of action shall exist and no claim may be 
brought against the United States for violation of any no-
tification requirement imposed upon the United States by 
this title or any amendment made by this title. 
SEC. 3035. AUTHORITY FOR THE CORPS OF ENGINEERS TO 
PROVIDE SPECIALIZED OR TECHNICAL SERV-
ICES. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, upon the request of a State or local govern-
ment, the Secretary of the Army may evaluate a levee sys-
tem that was designed or constructed by the Secretary for 
the purposes of the National Flood Insurance Program es-
tablished under chapter 1 of the National Flood Insurance 
Act of 1968 (42 U.S.C. 4011 et seq.). 
(b) REQUIREMENTS.—A levee system evaluation 
under subsection (a) shall— 
(1) comply with applicable regulations related 
to areas protected by a levee system; 
(2) be carried out in accordance with such pro-
cedures as the Secretary, in consultation with the 
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Administrator of the Federal Emergency Manage-
ment Agency, may establish; and 
(3) be carried out only if the State or local gov-
ernment agrees to reimburse the Secretary for all 
cost associated with the performance of the activi-
ties. 
TITLE IV—JUMPSTARTING OP-
PORTUNITY 
WITH 
BROADBAND SPECTRUM ACT 
OF 2011 
SEC. 4001. SHORT TITLE. 
This title may be cited as the ‘‘Jumpstarting Oppor-
tunity with Broadband Spectrum Act of 2011’’ or the 
‘‘JOBS Act of 2011’’. 
SEC. 4002. DEFINITIONS. 
In this title: 
(1) 700 MHZ D BLOCK SPECTRUM.—The term 
‘‘700 MHz D block spectrum’’ means the portion of 
the electromagnetic spectrum between the fre-
quencies from 758 megahertz to 763 megahertz and 
between the frequencies from 788 megahertz to 793 
megahertz. 
(2) 700 MHZ
PUBLIC
SAFETY
GUARD
BAND 
SPECTRUM.—The term ‘‘700 MHz public safety 
guard band spectrum’’ means the portion of the 
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electromagnetic spectrum between the frequencies 
from 768 megahertz to 769 megahertz and between 
the frequencies from 798 megahertz to 799 mega-
hertz. 
(3) 700 MHZ
PUBLIC
SAFETY
NARROWBAND 
SPECTRUM.—The term ‘‘700 MHz public safety 
narrowband spectrum’’ means the portion of the 
electromagnetic spectrum between the frequencies 
from 769 megahertz to 775 megahertz and between 
the frequencies from 799 megahertz to 805 mega-
hertz. 
(4) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the entity selected under section 
4203(a) to serve as Administrator of the National 
Public Safety Communications Plan. 
(5) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of 
Commerce for Communications and Information. 
(6) BOARD.—The term ‘‘Board’’ means the 
Public Safety Communications Planning Board es-
tablished under section 4202(a)(1). 
(7) BROADCAST
TELEVISION
LICENSEE.—The 
term ‘‘broadcast television licensee’’ means the li-
censee of— 
(A) a full-power television station; or 
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(B) a low-power television station that has 
been accorded primary status as a Class A tele-
vision licensee under section 73.6001(a) of title 
47, Code of Federal Regulations. 
(8) BROADCAST TELEVISION SPECTRUM.—The 
term ‘‘broadcast television spectrum’’ means the por-
tions of the electromagnetic spectrum between the 
frequencies from 54 megahertz to 72 megahertz, 
from 76 megahertz to 88 megahertz, from 174 
megahertz to 216 megahertz, and from 470 mega-
hertz to 698 megahertz. 
(9) COMMERCIAL MOBILE DATA SERVICE.—The 
term ‘‘commercial mobile data service’’ means any 
mobile service (as defined in section 3 of the Com-
munications Act of 1934 (47 U.S.C. 153)) that is— 
(A) a data service; 
(B) provided for profit; and 
(C) available to the public or such classes 
of eligible users as to be effectively available to 
a substantial portion of the public, as specified 
by regulation by the Commission. 
(10) 
COMMERCIAL
MOBILE
SERVICE.—The 
term ‘‘commercial mobile service’’ has the meaning 
given such term in section 332 of the Communica-
tions Act of 1934 (47 U.S.C. 332). 
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(11) COMMERCIAL
STANDARDS.—The term 
‘‘commercial standards’’ means the technical stand-
ards followed by the commercial mobile service and 
commercial mobile data service industries for net-
work, device, and Internet Protocol connectivity. 
Such term includes standards developed by the 
Third Generation Partnership Project (3GPP), the 
Institute of Electrical and Electronics Engineers 
(IEEE), the Alliance for Telecommunications Indus-
try Solutions (ATIS), the Internet Engineering Task 
Force (IETF), and the International Telecommuni-
cation Union (ITU). 
(12) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(13) EMERGENCY CALL.—The term ‘‘emergency 
call’’ means any real-time communication with a 
public safety answering point or other emergency 
management or response agency, including— 
(A) through voice, text, or video and re-
lated data; and 
(B) nonhuman-initiated automatic event 
alerts, such as alarms, telematics, or sensor 
data, which may also include real-time voice, 
text, or video communications. 
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(14) FORWARD AUCTION.—The term ‘‘forward 
auction’’ means the portion of an incentive auction 
of broadcast television spectrum under section 
4104(c). 
(15) INCENTIVE AUCTION.—The term ‘‘incen-
tive auction’’ means a system of competitive bidding 
under subparagraph (G) of section 309(j)(8) of the 
Communications Act of 1934, as added by section 
4103. 
(16) MULTICHANNEL
VIDEO
PROGRAMMING 
DISTRIBUTOR.—The term ‘‘multichannel video pro-
gramming distributor’’ has the meaning given such 
term in section 602 of the Communications Act of 
1934 (47 U.S.C. 522). 
(17) NATIONAL
PUBLIC
SAFETY
COMMUNICA-
TIONS
PLAN.—The term ‘‘National Public Safety 
Communications Plan’’ or ‘‘Plan’’ means the plan 
adopted under section 4202(c). 
(18) NEXT GENERATION 9–1–1 SERVICES.—The 
term ‘‘Next Generation 9–1–1 services’’ means an 
IP-based system comprised of hardware, software, 
data, and operational policies and procedures that— 
(A) provides standardized interfaces from 
emergency call and message services to support 
emergency communications; 
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(B) processes all types of emergency calls, 
including voice, text, data, and multimedia in-
formation; 
(C) acquires and integrates additional 
emergency call data useful to call routing and 
handling; 
(D) delivers the emergency calls, messages, 
and data to the appropriate public safety an-
swering point and other appropriate emergency 
entities; 
(E) supports data or video communications 
needs for coordinated incident response and 
management; and 
(F) provides broadband service to public 
safety answering points or other first responder 
entities. 
(19) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
(20) PUBLIC SAFETY ANSWERING POINT.—The 
term ‘‘public safety answering point’’ has the mean-
ing given such term in section 222 of the Commu-
nications Act of 1934 (47 U.S.C. 222). 
(21) 
PUBLIC
SAFETY
BROADBAND
SPEC-
TRUM.—The term ‘‘public safety broadband spec-
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trum’’ means the portion of the electromagnetic 
spectrum between the frequencies from 763 mega-
hertz to 768 megahertz and between the frequencies 
from 793 megahertz to 798 megahertz. 
(22) PUBLIC SAFETY COMMUNICATIONS.—The 
term ‘‘public safety communications’’ means commu-
nications by providers of public safety services. 
(23) PUBLIC
SAFETY
SERVICES.—The term 
‘‘public safety services’’ has the meaning given such 
term in section 337 of the Communications Act of 
1934 (47 U.S.C. 337). 
(24) REVERSE
AUCTION.—The term ‘‘reverse 
auction’’ means the portion of an incentive auction 
of broadcast television spectrum under section 
4104(a), in which a broadcast television licensee may 
submit bids stating the amount it would accept for 
voluntarily relinquishing some or all of its broadcast 
television spectrum usage rights. 
(25) SPECTRUM LICENSED TO THE ADMINIS-
TRATOR.—The term ‘‘spectrum licensed to the Ad-
ministrator’’ means the portion of the electro-
magnetic spectrum that the Administrator is li-
censed to use under section 4201(a). 
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(26) STATE.—The term ‘‘State’’ has the mean-
ing given such term in section 3 of the Communica-
tions Act of 1934 (47 U.S.C. 153). 
(27) STATE PUBLIC SAFETY BROADBAND COM-
MUNICATIONS NETWORK.—The term ‘‘State public 
safety broadband communications network’’ means a 
broadband network for public safety communications 
established by a State Public Safety Broadband Of-
fice, in accordance with the National Public Safety 
Communications Plan, using the spectrum licensed 
to the Administrator. 
(28) STATE PUBLIC SAFETY BROADBAND OF-
FICE.—The term ‘‘State Public Safety Broadband 
Office’’ means an office established or designated 
under section 4221(a). 
(29) ULTRA
HIGH
FREQUENCY.—The term 
‘‘ultra high frequency’’ means, with respect to a tele-
vision channel, that the channel is located in the 
portion of the electromagnetic spectrum between the 
frequencies from 470 megahertz to 698 megahertz. 
(30) VERY HIGH FREQUENCY.—The term ‘‘very 
high frequency’’ means, with respect to a television 
channel, that the channel is located in the portion of 
the electromagnetic spectrum between the fre-
quencies from 54 megahertz to 72 megahertz, from 
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76 megahertz to 88 megahertz, or from 174 mega-
hertz to 216 megahertz. 
SEC. 4003. RULE OF CONSTRUCTION. 
Each range of frequencies described in this title shall 
be construed to be inclusive of the upper and lower fre-
quencies in the range. 
SEC. 4004. ENFORCEMENT. 
(a) IN GENERAL.—The Commission shall implement 
and enforce this title as if this title is a part of the Com-
munications Act of 1934 (47 U.S.C. 151 et seq.). A viola-
tion of this title, or a regulation promulgated under this 
title, shall be considered to be a violation of the Commu-
nications Act of 1934, or a regulation promulgated under 
such Act, respectively. 
(b) EXCEPTIONS.— 
(1) OTHER AGENCIES.—Subsection (a) does not 
apply in the case of a provision of this title that is 
expressly required to be carried out by an agency (as 
defined in section 551 of title 5, United States 
Code) other than the Commission. 
(2) NTIA REGULATIONS.—The Assistant Sec-
retary may promulgate such regulations as are nec-
essary to implement and enforce any provision of 
this title that is expressly required to be carried out 
by the Assistant Secretary. 
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SEC. 4005. NATIONAL SECURITY RESTRICTIONS ON USE OF 
FUNDS AND AUCTION PARTICIPATION. 
(a) USE OF FUNDS.—No funds made available by 
section 4102 or subtitle B may be used to make payments 
under a contract to a person described in subsection (c). 
(b) AUCTION PARTICIPATION.—A person described in 
subsection (c) may not participate in a system of competi-
tive bidding under section 309(j) of the Communications 
Act of 1934 (47 U.S.C. 309(j))— 
(1) that is required to be conducted by this 
title; or 
(2) in which any spectrum usage rights for 
which licenses are being assigned were made avail-
able under clause (i) of subparagraph (G) of para-
graph (8) of such section, as added by section 4103. 
(c) PERSON DESCRIBED.—A person described in this 
subsection is a person who has been, for reasons of na-
tional security, barred by any agency of the Federal Gov-
ernment from bidding on a contract, participating in an 
auction, or receiving a grant. 
Subtitle A—Spectrum Auction 
Authority 
SEC. 4101. DEADLINES FOR AUCTION OF CERTAIN SPEC-
TRUM. 
(a) CLEARING CERTAIN FEDERAL SPECTRUM.— 
(1) IN GENERAL.—The President shall— 
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(A) not later than 3 years after the date 
of the enactment of this Act, begin the process 
of withdrawing or modifying the assignment to 
a Federal Government station of the electro-
magnetic spectrum described in paragraph (2); 
and 
(B) not later than 30 days after com-
pleting the withdrawal or modification, notify 
the Commission that the withdrawal or modi-
fication is complete. 
(2) 
SPECTRUM
DESCRIBED.—The 
electro-
magnetic spectrum described in this paragraph is 
the following: 
(A) The frequencies between 1755 mega-
hertz and 1780 megahertz, except that if— 
(i) the Secretary of Commerce— 
(I) determines that such fre-
quencies cannot be reallocated for 
non-Federal use because incumbent 
Federal operations cannot be elimi-
nated, relocated to other spectrum, or 
accommodated through other means; 
(II) identifies other spectrum for 
reallocation for non-Federal use that 
the Secretary of Commerce deter-
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mines can reasonably be expected to 
produce a comparable amount of net 
auction proceeds; and 
(III) submits to the Committee 
on Commerce, Science, and Transpor-
tation of the Senate and the Com-
mittee on Energy and Commerce of 
the House of Representatives a report 
that identifies such spectrum and ex-
plains the determinations under sub-
clauses (I) and (II); and 
(ii) not later than 1 year after the 
date of the submission of such report, 
there is enacted a law approving the sub-
stitution of the spectrum identified under 
clause (i)(II) for the frequencies between 
1755 megahertz and 1780 megahertz; 
the spectrum described in this subparagraph 
shall be the spectrum identified under such 
clause. 
(B) The 15 megahertz of spectrum be-
tween 1675 megahertz and 1710 megahertz 
identified under paragraph (3). 
(C) The frequencies between 3550 mega-
hertz and 3650 megahertz, except for the geo-
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graphic exclusion zones (as such zones may be 
amended) identified in the report of the NTIA 
published in October 2010 and entitled ‘‘An As-
sessment of Near-Term Viability of Accommo-
dating Wireless Broadband Systems in 1675– 
1710 MHz, 1755–1780 MHz, 3500–3650 MHz, 
and 
4200–4220 
MHz, 
4380–4400 
MHz 
Bands’’. 
(3) IDENTIFICATION BY SECRETARY OF COM-
MERCE.—Not later than 1 year after the date of the 
enactment of this Act, the Secretary of Commerce 
shall submit to the President a report identifying 15 
megahertz of spectrum between 1675 megahertz and 
1710 megahertz for reallocation from Federal use to 
non-Federal use. 
(b) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—Notwithstanding paragraph 
(15)(A) of section 309(j) of the Communications Act 
of 1934 (47 U.S.C. 309(j)), not later than 3 years 
after the date of the enactment of this Act, the 
Commission shall, except as provided in paragraph 
(4)— 
(A) allocate the spectrum described in 
paragraph (2) for commercial use; and 
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(B) through a system of competitive bid-
ding under such section, grant new initial li-
censes for the use of such spectrum, subject to 
flexible-use service rules. 
(2) SPECTRUM DESCRIBED.—The spectrum de-
scribed in this paragraph is the following: 
(A) The frequencies between 1915 mega-
hertz and 1920 megahertz, paired with the fre-
quencies between 1995 megahertz and 2000 
megahertz. 
(B) The frequencies described in sub-
section (a)(2)(A). 
(C) The frequencies between 2155 mega-
hertz and 2180 megahertz. 
(D) The 15 megahertz of spectrum identi-
fied under subsection (a)(3), paired with 15 
megahertz of contiguous spectrum to be identi-
fied by the Commission. 
(E) The frequencies described in sub-
section (a)(2)(C). 
(3) PROCEEDS TO COVER 110 PERCENT OF FED-
ERAL RELOCATION OR SHARING COSTS.—Nothing in 
paragraph (1) shall be construed to relieve the Com-
mission 
from 
the 
requirements 
of 
section 
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309(j)(16)(B) of the Communications Act of 1934 
(47 U.S.C. 309(j)(16)(B)). 
(4) DETERMINATION BY COMMISSION.—If the 
Commission determines that either band of fre-
quencies described in paragraph (2)(A) cannot be 
used without causing harmful interference to com-
mercial mobile service licensees in the frequencies 
between 1930 megahertz and 1995 megahertz, the 
Commission may not— 
(A) allocate for commercial use under 
paragraph (1)(A) either band described in para-
graph (2)(A); or 
(B) grant licenses under paragraph (1)(B) 
for the use of either band described in para-
graph (2)(A). 
(c) AUCTION PROCEEDS.—Section 309(j)(8) of the 
Communications Act of 1934 (47 U.S.C. 309(j)(8)) is 
amended— 
(1) in subparagraph (A), by striking ‘‘(D), and 
(E),’’ and inserting ‘‘(D), (E), (F), and (G),’’; 
(2) in subparagraph (C)(i), by striking ‘‘sub-
paragraph (E)(ii)’’ and inserting ‘‘subparagraphs 
(D)(ii), (E)(ii), (F), and (G)’’; 
(3) in subparagraph (D)— 
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(A) by striking the heading and inserting 
‘‘PROCEEDS
FROM
REALLOCATED
FEDERAL 
SPECTRUM’’; 
(B) by striking ‘‘Cash’’ and inserting the 
following: 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), cash’’; and 
(C) by adding at the end the following: 
‘‘(ii) CERTAIN
OTHER
PROCEEDS.— 
Notwithstanding subparagraph (A) and ex-
cept as provided in subparagraph (B), in 
the case of proceeds (including deposits 
and upfront payments from successful bid-
ders) attributable to the auction of eligible 
frequencies described in paragraph (2) of 
section 113(g) of the National Tele-
communications and Information Adminis-
tration Organization Act that are required 
to be auctioned by section 4101(b)(1)(B) 
of the Jumpstarting Opportunity with 
Broadband Spectrum Act of 2011, such 
portion of such proceeds as is necessary to 
cover the relocation or sharing costs (as 
defined in paragraph (3) of such section 
113(g)) of Federal entities relocated from 
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such eligible frequencies shall be deposited 
in the Spectrum Relocation Fund. The re-
mainder of such proceeds shall be depos-
ited in the Public Safety Trust Fund es-
tablished by section 4241(a)(1) of the 
Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011.’’; and 
(4) by adding at the end the following: 
‘‘(F) CERTAIN
PROCEEDS
DESIGNATED 
FOR PUBLIC SAFETY TRUST FUND.—Notwith-
standing subparagraph (A) and except as pro-
vided in subparagraphs (B) and (D)(ii), the 
proceeds (including deposits and upfront pay-
ments from successful bidders) from the use of 
a system of competitive bidding under this sub-
section pursuant to section 4101(b)(1)(B) of 
the Jumpstarting Opportunity with Broadband 
Spectrum Act of 2011 shall be deposited in the 
Public Safety Trust Fund established by section 
4241(a)(1) of such Act.’’. 
SEC. 4102. 700 MHZ PUBLIC SAFETY NARROWBAND SPEC-
TRUM AND GUARD BAND SPECTRUM. 
(a) REALLOCATION AND AUCTION.— 
(1) IN GENERAL.—On the date that is 5 years 
after a certification by the Administrator to the 
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Commission of the availability of standards for pub-
lic safety voice over broadband, the Commission 
shall, notwithstanding paragraph (15)(A) of section 
309(j) of the Communications Act of 1934 (47 
U.S.C. 309(j))— 
(A) reallocate the 700 MHz public safety 
narrowband spectrum and the 700 MHz public 
safety guard band spectrum for commercial use; 
and 
(B) begin a system of competitive bidding 
under such section to grant new initial licenses 
for the use of such spectrum. 
(2) 
AUCTION
PROCEEDS.—Notwithstanding 
subparagraphs (A) and (C)(i) of paragraph (8) of 
such section, not more than $1,000,000,000 of the 
proceeds (including deposits and upfront payments 
from successful bidders) from the use of a system of 
competitive bidding pursuant to paragraph (1)(B) 
shall be available to the Assistant Secretary to carry 
out subsection (b) and shall remain available until 
expended. 
(b) GRANTS
FOR PUBLIC SAFETY RADIO EQUIP-
MENT.— 
(1) IN GENERAL.—From amounts made avail-
able under subsection (a)(2), the Assistant Secretary 
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shall make grants to States for the acquisition of 
public safety radio equipment. 
(2) APPLICATION.—The Assistant Secretary 
may only make a grant under this subsection to a 
State that submits an application at such time, in 
such form, and containing such information and as-
surances as the Assistant Secretary may require. 
(3) QUARTERLY REPORTS.— 
(A) FROM GRANTEES TO NTIA.—A State 
receiving grant funds under this subsection 
shall, not later than 3 months after receiving 
such funds and not less frequently than quar-
terly thereafter until the date that is 1 year 
after all such funds have been expended, submit 
to the Assistant Secretary a report on the use 
of grant funds by such State. 
(B) FROM NTIA TO CONGRESS.—Not later 
than 6 months after making the first grant 
under this subsection and not less frequently 
than quarterly thereafter until the date that is 
18 months after all such funds have been ex-
pended by the grantees, the Assistant Secretary 
shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and 
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the Committee on Energy and Commerce of the 
House of Representatives a report that— 
(i) summarizes the reports submitted 
by grantees under subparagraph (A); and 
(ii) describes and evaluates the use of 
grant funds disbursed under this sub-
section. 
(c) CONFORMING AMENDMENTS.—Section 337(a) of 
the Communications Act of 1934 (47 U.S.C. 337(a)) is 
amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘Not later than January 1, 
1998, the’’ and inserting ‘‘The’’; and 
(B) by inserting ‘‘for either public safety 
services or commercial use,’’ after ‘‘inclusive,’’; 
(2) in paragraph (1)— 
(A) by striking ‘‘24 megahertz’’ and insert-
ing ‘‘Not more than 34 megahertz’’; and 
(B) by striking ‘‘, in consultation with the 
Secretary of Commerce and the Attorney Gen-
eral; and’’ and inserting a period; and 
(3) in paragraph (2), by striking ‘‘36 mega-
hertz’’ and inserting ‘‘Not more than 40 mega-
hertz’’. 
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SEC. 4103. GENERAL AUTHORITY FOR INCENTIVE AUC-
TIONS. 
Section 309(j)(8) of the Communications Act of 
1934, as amended by section 4101(c), is further amended 
by adding at the end the following: 
‘‘(G) INCENTIVE AUCTIONS.— 
‘‘(i) IN
GENERAL.—Notwithstanding 
subparagraph (A) and except as provided 
in subparagraph (B), the Commission may 
encourage a licensee to relinquish volun-
tarily some or all of its licensed spectrum 
usage rights in order to permit the assign-
ment of new initial licenses subject to flexi-
ble-use service rules by sharing with such 
licensee a portion, based on the value of 
the relinquished rights as determined in 
the reverse auction required by clause 
(ii)(I), of the proceeds (including deposits 
and upfront payments from successful bid-
ders) from the use of a competitive bidding 
system under this subsection. 
‘‘(ii) LIMITATIONS.—The Commission 
may not enter into an agreement for a li-
censee to relinquish spectrum usage rights 
in exchange for a share of auction proceeds 
under clause (i) unless— 
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‘‘(I) the Commission conducts a 
reverse auction to determine the 
amount of compensation that licensees 
would accept in return for voluntarily 
relinquishing spectrum usage rights; 
and 
‘‘(II) at least two competing li-
censees participate in the reverse auc-
tion. 
‘‘(iii) TREATMENT
OF
REVENUES.— 
Notwithstanding subparagraph (A) and ex-
cept as provided in subparagraph (B), the 
proceeds (including deposits and upfront 
payments from successful bidders) from 
any auction, prior to the end of fiscal year 
2021, of spectrum usage rights made avail-
able under clause (i) that are not shared 
with licensees under such clause shall be 
deposited as follows: 
‘‘(I) $3,000,000,000 of the pro-
ceeds from the incentive auction of 
broadcast television spectrum required 
by section 4104 of the Jumpstarting 
Opportunity with Broadband Spec-
trum Act of 2011 shall be deposited 
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in the TV Broadcaster Relocation 
Fund established by subsection (d)(1) 
of such section. 
‘‘(II) All other proceeds shall be 
deposited— 
‘‘(aa) prior to the end of fis-
cal year 2021, in the Public Safe-
ty Trust Fund established by sec-
tion 4241(a)(1) of such Act; and 
‘‘(bb) after the end of fiscal 
year 2021, in the general fund of 
the Treasury, where such pro-
ceeds shall be dedicated for the 
sole purpose of deficit reduction. 
‘‘(iv) 
CONGRESSIONAL
NOTIFICA-
TION.—At least 3 months before any in-
centive auction conducted under this sub-
paragraph, the Chairman of the Commis-
sion, in consultation with the Director of 
the Office of Management and Budget, 
shall notify the appropriate committees of 
Congress of the methodology for calcu-
lating the amounts that will be shared with 
licensees under clause (i). 
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‘‘(v) DEFINITION.—In this subpara-
graph, the term ‘appropriate committees of 
Congress’ means— 
‘‘(I) the Committee on Com-
merce, Science, and Transportation of 
the Senate; 
‘‘(II) the Committee on Appro-
priations of the Senate; 
‘‘(III) the Committee on Energy 
and Commerce of the House of Rep-
resentatives; and 
‘‘(IV) the Committee on Appro-
priations of the House of Representa-
tives.’’. 
SEC. 4104. SPECIAL REQUIREMENTS FOR INCENTIVE AUC-
TION OF BROADCAST TV SPECTRUM. 
(a) REVERSE AUCTION TO IDENTIFY INCENTIVE 
AMOUNT.— 
(1) IN GENERAL.—The Commission shall con-
duct a reverse auction to determine the amount of 
compensation that each broadcast television licensee 
would accept in return for voluntarily relinquishing 
some or all of its broadcast television spectrum 
usage rights in order to make spectrum available for 
assignment through a system of competitive bidding 
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under subparagraph (G) of section 309(j)(8) of the 
Communications Act of 1934, as added by section 
4103. 
(2) ELIGIBLE
RELINQUISHMENTS.—A relin-
quishment of usage rights for purposes of paragraph 
(1) shall include the following: 
(A) Relinquishing all usage rights with re-
spect to a particular television channel without 
receiving in return any usage rights with re-
spect to another television channel. 
(B) Relinquishing all usage rights with re-
spect to an ultra high frequency television chan-
nel in return for receiving usage rights with re-
spect to a very high frequency television chan-
nel. 
(C) Relinquishing usage rights in order to 
share a television channel with another licensee. 
(3) CONFIDENTIALITY.—The Commission shall 
take all reasonable steps necessary to protect the 
confidentiality of Commission-held data of a licensee 
participating in the reverse auction under paragraph 
(1), including withholding the identity of such li-
censee until the reassignments and reallocations (if 
any) under subsection (b)(1)(B) become effective, as 
described in subsection (f)(2). 
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(4) PROTECTION OF CARRIAGE RIGHTS OF LI-
CENSEES SHARING A CHANNEL.—A broadcast tele-
vision station that voluntarily relinquishes spectrum 
usage rights under this subsection in order to share 
a television channel and that possessed carriage 
rights under section 338, 614, or 615 of the Com-
munications Act of 1934 (47 U.S.C. 338; 534; 535) 
on November 30, 2010, shall have, at its shared lo-
cation, the carriage rights under such section that 
would apply to such station at such location if it 
were not sharing a channel. 
(b) REORGANIZATION
OF BROADCAST TV SPEC-
TRUM.— 
(1) IN
GENERAL.—For purposes of making 
available spectrum to carry out the forward auction 
under subsection (c)(1), the Commission— 
(A) shall evaluate the broadcast television 
spectrum (including spectrum made available 
through the reverse auction under subsection 
(a)(1)); and 
(B) may, subject to international coordina-
tion along the border with Mexico and Can-
ada— 
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(i) make such reassignments of tele-
vision channels as the Commission con-
siders appropriate; and 
(ii) reallocate such portions of such 
spectrum as the Commission determines 
are available for reallocation. 
(2) FACTORS FOR CONSIDERATION.—In making 
any reassignments or reallocations under paragraph 
(1)(B), the Commission shall make all reasonable ef-
forts to preserve, as of the date of the enactment of 
this Act, the coverage area and population served of 
each broadcast television licensee, as determined 
using the methodology described in OET Bulletin 69 
of the Office of Engineering and Technology of the 
Commission. 
(3) NO INVOLUNTARY RELOCATION FROM UHF 
TO VHF.—In making any reassignments under para-
graph (1)(B)(i), the Commission may not involun-
tarily reassign a broadcast television licensee— 
(A) from an ultra high frequency television 
channel to a very high frequency television 
channel; or 
(B) from a television channel between the 
frequencies from 174 megahertz to 216 mega-
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(II) voluntarily relinquishes spec-
trum usage rights under subsection 
(a) with respect to an ultra high fre-
quency television channel in return for 
receiving usage rights with respect to 
a very high frequency television chan-
nel; or 
(III) 
voluntarily 
relinquishes 
spectrum usage rights under sub-
section (a) to share a television chan-
nel with another licensee. 
(B) REGULATORY RELIEF.—In lieu of re-
imbursement for relocation costs under sub-
paragraph (A), a broadcast television licensee 
may accept, and the Commission may grant as 
it considers appropriate, a waiver of the service 
rules of the Commission to permit the licensee, 
subject to interference protections, to make 
flexible use of the spectrum assigned to the li-
censee to provide services other than broadcast 
television services. Such waiver shall only re-
main in effect while the licensee provides at 
least 1 broadcast television program stream on 
such spectrum at no charge to the public. 
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(C) LIMITATION.—The Commission may 
not make reimbursements under subparagraph 
(A) for lost revenues. 
(D) DEADLINE.—The Commission shall 
make all reimbursements required by subpara-
graph (A) not later than the date that is 3 
years after the completion of the forward auc-
tion under subsection (c)(1). 
(5) LOW-POWER TELEVISION USAGE RIGHTS.— 
Nothing in this subsection shall be construed to alter 
the spectrum usage rights of low-power television 
stations. 
(c) FORWARD AUCTION.— 
(1) AUCTION
REQUIRED.—The Commission 
shall conduct a forward auction in which— 
(A) the Commission assigns licenses for 
the use of the spectrum that the Commission 
reallocates under subsection (b)(1)(B)(ii); and 
(B) the amount of the proceeds that the 
Commission shares under clause (i) of section 
309(j)(8)(G) of the Communications Act of 
1934 with each licensee whose bid the Commis-
sion accepts in the reverse auction under sub-
section (a)(1) is not less than the amount of 
such bid. 
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(2) MINIMUM PROCEEDS.— 
(A) IN GENERAL.—If the amount of the 
proceeds from the forward auction under para-
graph (1) is not greater than the sum described 
in subparagraph (B), no licenses shall be as-
signed through such forward auction, no re-
assignments or reallocations under subsection 
(b)(1)(B) shall become effective, and the Com-
mission may not revoke any spectrum usage 
rights by reason of a bid that the Commission 
accepts in the reverse auction under subsection 
(a)(1). 
(B) SUM DESCRIBED.—The sum described 
in this subparagraph is the sum of— 
(i) the total amount of compensation 
that the Commission must pay successful 
bidders in the reverse auction under sub-
section (a)(1); 
(ii) the costs of conducting such for-
ward auction that the salaries and ex-
penses account of the Commission is re-
quired to retain under section 309(j)(8)(B) 
of the Communications Act of 1934 (47 
U.S.C. 309(j)(8)(B)); and 
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(iii) the estimated costs for which the 
Commission is required to make reim-
bursements under subsection (b)(4)(A). 
(C) ADMINISTRATIVE COSTS.—The amount 
of the proceeds from the forward auction under 
paragraph (1) that the salaries and expenses 
account of the Commission is required to retain 
under section 309(j)(8)(B) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)(8)(B)) 
shall be sufficient to cover the costs incurred by 
the Commission in conducting the reverse auc-
tion under subsection (a)(1), conducting the 
evaluation of the broadcast television spectrum 
under subparagraph (A) of subsection (b)(1), 
and making any reassignments or reallocations 
under subparagraph (B) of such subsection, in 
addition to the costs incurred by the Commis-
sion in conducting such forward auction. 
(3) FACTOR
FOR
CONSIDERATION.—In con-
ducting the forward auction under paragraph (1), 
the Commission shall consider assigning licenses 
that cover geographic areas of a variety of different 
sizes. 
(d) TV BROADCASTER RELOCATION FUND.— 
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(1) ESTABLISHMENT.—There is established in 
the Treasury of the United States a fund to be 
known as the TV Broadcaster Relocation Fund. 
(2) PAYMENT
OF
RELOCATION
COSTS.—Any 
amounts borrowed under paragraph (3)(A) and any 
amounts in the TV Broadcaster Relocation Fund 
that are not necessary for reimbursement of the gen-
eral fund of the Treasury for such borrowed 
amounts shall be available to the Commission to 
make the payments required by subsection (b)(4)(A). 
(3) BORROWING AUTHORITY.— 
(A) IN GENERAL.—Beginning on the date 
when any reassignments or reallocations under 
subsection (b)(1)(B) become effective, as pro-
vided in subsection (f)(2), and ending when 
$1,000,000,000 has been deposited in the TV 
Broadcaster Relocation Fund, the Commission 
may borrow from the Treasury of the United 
States an amount not to exceed $1,000,000,000 
to use toward the payments required by sub-
section (b)(4)(A). 
(B) REIMBURSEMENT.—The Commission 
shall reimburse the general fund of the Treas-
ury, without interest, for any amounts borrowed 
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under subparagraph (A) as funds are deposited 
into the TV Broadcaster Relocation Fund. 
(4) TRANSFER
OF
UNUSED
FUNDS.—If any 
amounts remain in the TV Broadcaster Relocation 
Fund after the date that is 3 years after the comple-
tion of the forward auction under subsection (c)(1), 
the Secretary of the Treasury shall— 
(A) prior to the end of fiscal year 2021, 
transfer such amounts to the Public Safety 
Trust Fund established by section 4241(a)(1); 
and 
(B) after the end of fiscal year 2021, 
transfer such amounts to the general fund of 
the Treasury, where such amounts shall be 
dedicated for the sole purpose of deficit reduc-
tion. 
(e) NUMERICAL LIMITATION ON AUCTIONS AND RE-
ORGANIZATION.—The Commission may not complete more 
than one reverse auction under subsection (a)(1) or more 
than one reorganization of the broadcast television spec-
trum under subsection (b). 
(f) TIMING.— 
(1) CONTEMPORANEOUS AUCTIONS AND REOR-
GANIZATION
PERMITTED.—The Commission may 
conduct the reverse auction under subsection (a)(1), 
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any reassignments or reallocations under subsection 
(b)(1)(B), and the forward auction under subsection 
(c)(1) on a contemporaneous basis. 
(2) EFFECTIVENESS OF REASSIGNMENTS AND 
REALLOCATIONS.—Notwithstanding paragraph (1), 
no reassignments or reallocations under subsection 
(b)(1)(B) shall become effective until the completion 
of the reverse auction under subsection (a)(1) and 
the forward auction under subsection (c)(1), and, to 
the extent practicable, all such reassignments and 
reallocations shall become effective simultaneously. 
(3) DEADLINE.—The Commission may not con-
duct the reverse auction under subsection (a)(1) or 
the forward auction under subsection (c)(1) after the 
end of fiscal year 2021. 
(4) LIMIT ON DISCRETION REGARDING AUCTION 
TIMING.—Section 309(j)(15)(A) of the Communica-
tions Act of 1934 (47 U.S.C. 309(j)(15)(A)) shall 
not apply in the case of an auction conducted under 
this section. 
(g) LIMITATION ON REORGANIZATION AUTHORITY.— 
(1) IN GENERAL.—During the period described 
in paragraph (2), the Commission may not— 
(A) involuntarily modify the spectrum 
usage rights of a broadcast television licensee or 
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reassign such a licensee to another television 
channel except— 
(i) in accordance with this section; or 
(ii) in the case of a violation by such 
licensee of the terms of its license or a spe-
cific provision of a statute administered by 
the Commission, or a regulation of the 
Commission promulgated under any such 
provision; or 
(B) reassign a broadcast television licensee 
from a very high frequency television channel to 
an ultra high frequency television channel, un-
less such a reassignment will not decrease the 
total amount of ultra high frequency spectrum 
made available for reallocation under this sec-
tion. 
(2) PERIOD DESCRIBED.—The period described 
in this paragraph is the period beginning on the date 
of the enactment of this Act and ending on the ear-
liest of— 
(A) the first date when the reverse auction 
under subsection (a)(1), the reassignments and 
reallocations 
(if 
any) 
under 
subsection 
(b)(1)(B), and the forward auction under sub-
section (c)(1) have been completed; 
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(B) the date of a determination by the 
Commission that the amount of the proceeds 
from the forward auction under subsection 
(c)(1) is not greater than the sum described in 
subsection (c)(2)(B); or 
(C) September 30, 2021. 
(h) PROTEST RIGHT INAPPLICABLE.—The right of a 
licensee to protest a proposed order of modification of its 
license under section 316 of the Communications Act of 
1934 (47 U.S.C. 316) shall not apply in the case of a 
modification made under this section. 
(i) COMMISSION AUTHORITY.—Nothing in subsection 
(b) shall be construed to— 
(1) expand or contract the authority of the 
Commission, except as otherwise expressly provided; 
or 
(2) prevent the implementation of the Commis-
sion’s ‘‘White Spaces’’ Second Report and Order and 
Memorandum Opinion and Order (FCC 08–260, 
adopted November 4, 2008) in the spectrum that re-
mains allocated for broadcast television use after the 
reorganization required by such subsection. 
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233 
SEC. 4105. ADMINISTRATION OF AUCTIONS BY COMMIS-
SION. 
Section 309(j) of the Communications Act of 1934 
(47 U.S.C. 309(j)) is amended by adding at the end the 
following new paragraphs: 
‘‘(17) CERTAIN CONDITIONS ON AUCTION PAR-
TICIPATION
PROHIBITED.—Notwithstanding 
any 
other provision of law, the Commission may not pre-
vent a person from participating in a system of com-
petitive bidding under this subsection if such per-
son— 
‘‘(A) meets the technical, financial, and 
character qualifications required by sections 
303(l)(1), 308(b), and 310 to hold a license; or 
‘‘(B) could meet such qualifications prior 
to the grant of the license. 
‘‘(18) CERTAIN
LICENSING
CONDITIONS
PRO-
HIBITED.—In assigning licenses through a system of 
competitive bidding under this subsection, the Com-
mission may not impose any condition on the li-
censes assigned through such system that— 
‘‘(A) limits the ability of a licensee to man-
age the use of its network, including manage-
ment of the use of applications, services, or de-
vices on its network, or to prioritize the traffic 
on its network as it chooses; or 
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‘‘(B) requires a licensee to sell access to its 
network on a wholesale basis.’’. 
SEC. 4106. EXTENSION OF AUCTION AUTHORITY. 
Section 309(j)(11) of the Communications Act of 
1934 (47 U.S.C. 309(j)(11)) is amended by striking 
‘‘2012’’ and inserting ‘‘2021’’. 
SEC. 4107. UNLICENSED USE IN THE 5 GHZ BAND. 
(a) MODIFICATION OF COMMISSION REGULATIONS 
TO ALLOW CERTAIN UNLICENSED USE.— 
(1) IN GENERAL.—Subject to paragraph (2), 
not later than 1 year after the date of the enactment 
of this Act, the Commission shall begin a proceeding 
to modify part 15 of title 47, Code of Federal Regu-
lations, to allow unlicensed U–NII devices to operate 
in the 5350–5470 MHz band. 
(2) REQUIRED
DETERMINATIONS.—The Com-
mission may make the modification described in 
paragraph (1) only if the Commission determines 
that— 
(A) licensed users will be protected by 
technical solutions, including use of existing, 
modified, or new spectrum-sharing technologies 
and solutions, such as dynamic frequency selec-
tion; and 
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(B) the primary mission of Federal spec-
trum users in the 5350–5470 MHz band will 
not be compromised by the introduction of unli-
censed devices. 
(b) STUDY BY NTIA.— 
(1) IN GENERAL.—The Assistant Secretary, in 
consultation with the Commission, shall conduct a 
study evaluating known and proposed spectrum- 
sharing technologies and the risk to Federal users if 
unlicensed U–NII devices were allowed to operate in 
the 5350–5470 MHz band. 
(2) SUBMISSION.—Not later than 8 months 
after the date of the enactment of this Act, the As-
sistant Secretary shall submit the study required by 
paragraph (1) to— 
(A) the Commission; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate. 
(c) 5350–5470 MHZ BAND DEFINED.—In this sec-
tion, the term ‘‘5350–5470 MHz band’’ means the portion 
of the electromagnetic spectrum between the frequencies 
from 5350 megahertz to 5470 megahertz. 
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Subtitle B—Advanced Public 
Safety Communications 
PART 1—NATIONAL IMPLEMENTATION 
SEC. 4201. LICENSING OF SPECTRUM TO ADMINISTRATOR. 
(a) IN GENERAL.—Not later than 60 days after the 
initial selection under section 4203(a) of an entity to serve 
as Administrator, the Commission shall assign to the Ad-
ministrator a license for the exclusive use of the public 
safety broadband spectrum and the 700 MHz D block 
spectrum. 
(b) TERM OF LICENSE AND LICENSE CONDITIONS.— 
(1) INITIAL LICENSE.—The initial license as-
signed under subsection (a) shall be for a term of 
10 years. 
(2) RENEWAL OF LICENSE.—Prior to the expi-
ration of the term of the initial license assigned 
under subsection (a) or the expiration of any re-
newal of such license, if the Administrator wishes to 
continue serving as Administrator after the license 
expires, the Administrator shall submit to the Com-
mission an application for the renewal of such li-
cense in accordance with the Communications Act of 
1934 (47 U.S.C. 151 et seq.) and any applicable 
Commission regulations. Such renewal application 
shall demonstrate that, during the term of the li-
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237 
cense that the Administrator is seeking to renew, the 
Administrator has fulfilled its duties and obligations 
under this title and the Communications Act of 
1934 and has complied with all applicable Commis-
sion regulations. A renewal of the initial license 
granted under subsection (a) or any renewal of such 
license shall be for a term not to exceed 10 years. 
(3) USE OF SPECTRUM.—Except as provided in 
section 4221(d), the license assigned under sub-
section (a) and any renewal of such license shall pro-
hibit the Administrator from using the public safety 
broadband spectrum or the 700 MHz D block spec-
trum for any purpose other than authorizing the op-
eration of State public safety broadband communica-
tions networks in accordance with the National Pub-
lic Safety Communications Plan. 
(4) LIMITATION
ON
LICENSE
CONDITIONS.— 
The Commission may not place any conditions on 
the license assigned under subsection (a) or any re-
newal of such license or, with respect to the spec-
trum governed by such license, otherwise prohibit 
any action of the Administrator, a State Public 
Safety Broadband Office, or an entity with which 
such an Office has entered into a contract under 
section 4221(b)(1)(D), except as necessary to— 
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(A) protect other users from harmful inter-
ference; 
(B) ensure that such spectrum is used in 
accordance with the National Public Safety 
Communications Plan; or 
(C) enforce a provision of this title or the 
Communications Act of 1934 (47 U.S.C. 151 et 
seq.) that governs the use of such spectrum. 
(5) LICENSE CONDITIONED ON SERVICE AS AD-
MINISTRATOR.—If an entity ceases to serve as Ad-
ministrator, the Commission shall, as soon as prac-
ticable after the Assistant Secretary selects a dif-
ferent entity to serve as Administrator under section 
4203(a)(2), transfer to such different entity the li-
cense assigned under subsection (a) or any renewal 
of such license. 
(c) ELIMINATION OF D BLOCK AUCTION REQUIRE-
MENT.—Notwithstanding section 309(j)(15)(C)(v) of the 
Communications 
Act 
of 
1934 
(47 
U.S.C. 
309(j)(15)(C)(v)), the Commission may not assign a li-
cense for the use of the 700 MHz D block spectrum except 
under subsection (a). 
(d) DEFINITION OF PUBLIC SAFETY SERVICES.— 
Section 337(f)(1) of the Communications Act of 1934 (47 
U.S.C. 337(f)(1)) is amended— 
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(1) in subparagraph (A), by striking ‘‘to protect 
the safety of life, health, or property’’ and inserting 
‘‘to provide law enforcement, fire and rescue re-
sponse, or emergency medical assistance (including 
such assistance provided by ambulance services, hos-
pitals, and urgent care facilities)’’; and 
(2) in subparagraph (B)— 
(A) in clause (i), by inserting ‘‘or tribal or-
ganizations (as defined in section 4 of the In-
dian Self-Determination and Education Assist-
ance Act (25 U.S.C. 450b))’’ before the semi-
colon; and 
(B) in clause (ii), by inserting ‘‘or a tribal 
organization’’ after ‘‘a governmental entity’’. 
(e) CONFORMING AMENDMENTS.—Section 337(d)(3) 
of the Communications Act of 1934 (47 U.S.C. 337(d)(3)) 
is amended— 
(1) in the matter preceding subparagraph (A), 
by striking ‘‘public safety services licensees and com-
mercial licensees’’; 
(2) in subparagraph (A), by inserting ‘‘public 
safety services licensees and commercial licensees’’ 
before ‘‘to aggregate’’; and 
(3) in subparagraph (B), by inserting ‘‘commer-
cial licensees’’ before ‘‘to disaggregate’’. 
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SEC. 4202. NATIONAL PUBLIC SAFETY COMMUNICATIONS 
PLAN. 
(a) ESTABLISHMENT OF PUBLIC SAFETY COMMU-
NICATIONS PLANNING BOARD.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
Commission shall establish a board to be known as 
the Public Safety Communications Planning Board. 
(2) MEMBERSHIP.—The membership of the 
Board shall be as follows: 
(A) FEDERAL MEMBERS.— 
(i) IN GENERAL.—Four Federal mem-
bers as follows: 
(I) The Chairman of the Com-
mission, or a designee. 
(II) The Assistant Secretary, or 
a designee. 
(III) The Director of the Office 
of Emergency Communications in the 
Department of Homeland Security, or 
a designee. 
(IV) The Director of the Na-
tional Institute of Standards and 
Technology, or a designee. 
(ii) DESIGNEES.—If a Federal official 
designates a designee under clause (i), 
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such designee shall be an officer or em-
ployee of the agency of the official who is 
subordinate to the official, except that the 
Chairman of the Commission may des-
ignate another Commissioner of the Com-
mission or an officer or employee of the 
Commission. 
(B) NON-FEDERAL MEMBERS.—Nine non- 
Federal members as follows: 
(i) Two members who represent pro-
viders of commercial mobile data service, 
with one representing providers that have 
nationwide coverage areas and one rep-
resenting providers that have regional cov-
erage areas. 
(ii) Two members who represent man-
ufacturers of mobile wireless network 
equipment. 
(iii) Five members who represent the 
interests of State and local governments, 
chosen to reflect geographic and population 
density differences across the United 
States, as follows: 
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(I) Two members who represent 
the public safety interests of the 
States. 
(II) One member who represents 
State and local public safety employ-
ees. 
(III) Two members who rep-
resent other interests of State and 
local governments, to be determined 
by the Chairman of the Commission. 
(3) SELECTION OF NON-FEDERAL MEMBERS.— 
(A) NOMINATION.—For each non-Federal 
member of the Board, the group that is rep-
resented by such member shall, by consensus, 
nominate an individual to serve as such member 
and submit the name of the nominee to the 
Chairman of the Commission. 
(B) APPOINTMENT.—The Chairman of the 
Commission shall appoint the non-Federal 
members of the Board from the nominations 
submitted under subparagraph (A). If a group 
fails to reach consensus on a nominee or to sub-
mit a nomination for a member that represents 
such group, or if the nominee is not qualified 
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under subparagraph (C), the Chairman shall se-
lect a member to represent such group. 
(C) QUALIFICATIONS.—Each non-Federal 
member appointed under subparagraph (B) 
shall meet at least 1 of the following criteria: 
(i) PUBLIC
SAFETY
EXPERIENCE.— 
Knowledge of and experience in Federal, 
State, local, or tribal public safety or emer-
gency response. 
(ii) TECHNICAL
EXPERTISE.—Tech-
nical expertise regarding broadband com-
munications, including public safety com-
munications. 
(iii) NETWORK
EXPERTISE.—Exper-
tise in building, deploying, and operating 
commercial telecommunications networks. 
(iv) FINANCIAL
EXPERTISE.—Exper-
tise in financing and funding telecommuni-
cations networks. 
(4) TERMS OF APPOINTMENT.— 
(A) LENGTH.— 
(i) FEDERAL MEMBERS.—The term of 
office of each Federal member of the 
Board shall be 3 years, except that such 
term shall end when such member no 
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longer holds the Federal office by reason of 
which such member is a member of the 
Board (or, in the case of a designee, the 
Federal official who designated such des-
ignee no longer holds the office by reason 
of which such designation was made or the 
designee is no longer an officer, employee, 
or Commissioner as described in paragraph 
(2)(A)(ii)). 
(ii) NON-FEDERAL
MEMBERS.—The 
term of office of each non-Federal member 
of the Board shall be 3 years. 
(B) STAGGERED TERMS.—With respect to 
the initial non-Federal members of the Board— 
(i) three members shall serve for a 
term of 3 years; 
(ii) three members shall serve for a 
term of 2 years; and 
(iii) three members shall serve for a 
term of 1 year. 
(C) VACANCIES.— 
(i) EFFECT
OF
VACANCIES.—A va-
cancy in the membership of the Board 
shall not affect the Board’s powers, subject 
to paragraph (8), and shall be filled in the 
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245 
same manner as the original member was 
appointed. 
(ii) 
APPOINTMENT
TO
FILL
VA-
CANCY.—A member of the Board ap-
pointed to fill a vacancy occurring prior to 
the expiration of the term for which that 
member’s predecessor was appointed shall 
be appointed for the remainder of the 
predecessor’s term. 
(iii) EXPIRATION OF TERM.—A non- 
Federal member of the Board whose term 
has expired may serve until such member’s 
successor has taken office, or until the end 
of the calendar year in which such mem-
ber’s term has expired, whichever is ear-
lier. 
(5) CHAIR.— 
(A) SELECTION.—The Chair of the Board 
shall be selected by the Board from among the 
members of the Board. 
(B) TERM.—The term of office of the 
Chair of the Board shall run from the date 
when the Chair is selected until the date when 
the term of the Chair as a member of the 
Board expires. 
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(6) REMOVAL
OF
CHAIR
AND
NON-FEDERAL 
MEMBERS.— 
(A) BY
BOARD.—The members of the 
Board may, by majority vote— 
(i) remove the Chair of the Board 
from the position of Chair for conduct de-
termined to be detrimental to the Board; 
or 
(ii) remove from the Board any non- 
Federal member of the Board for conduct 
determined to be detrimental to the Board. 
(B) BY CHAIRMAN OF THE COMMISSION.— 
The Chairman of the Commission may, for 
good cause— 
(i) remove the Chair of the Board 
from the position of Chair; or 
(ii) remove from the Board any non- 
Federal member of the Board. 
(7) ANNUAL
MEETINGS.—In addition to any 
other meetings necessary to carry out the duties of 
the Board under this section, the Board shall 
meet— 
(A) subject to the call of the Chair; and 
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(B) annually to consider the most recent 
report submitted by the Administrator under 
section 4203(f)(1). 
(8) QUORUM.—Seven members of the Board, 
including not fewer than 6 non-Federal members, 
shall constitute a quorum. 
(9) RESOURCES.—The Commission shall pro-
vide the Board with the staff, administrative sup-
port, and facilities necessary to carry out the duties 
of the Board under this section. 
(10) PROHIBITION AGAINST COMPENSATION.— 
A member of the Board shall serve without pay but 
shall be allowed a per diem allowance for travel ex-
penses, at rates authorized for an employee of an 
agency under subchapter I of chapter 57 of title 5, 
United States Code, while away from the home or 
regular place of business of the member in the per-
formance of the duties of the Board. Compensation 
of a Federal member of the Board for service in the 
Federal office or employment by reason of which 
such member is a member of the Board shall not be 
considered compensation under this paragraph. 
(11) FEDERAL ADVISORY COMMITTEE ACT IN-
APPLICABLE.—The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the Board. 
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(b) DEVELOPMENT OF PLAN BY BOARD.— 
(1) IN GENERAL.—Not later than 1 year after 
the date on which the Board is established under 
subsection (a)(1), the Board shall submit to the 
Commission a detailed proposal for a National Pub-
lic Safety Communications Plan to govern the use of 
the spectrum licensed to the Administrator in order 
to meet long-term public safety communications 
needs. 
(2) LIMITATION ON RECOMMENDATIONS.—The 
Board may not make any recommendations for re-
quirements generally applicable to providers of com-
mercial mobile service or private mobile service (as 
defined in section 332 of the Communications Act of 
1934 (47 U.S.C. 332)). 
(c) CONSIDERATION OF PLAN BY COMMISSION.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the submission of the proposal by the 
Board under subsection (b)(1), the Commission shall 
complete a single proceeding to— 
(A) adopt such proposal, without modifica-
tion, as the National Public Safety Communica-
tions Plan; or 
(B) reject such proposal. 
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(2) PROCEDURES IF PLAN REJECTED.—If the 
Commission rejects such proposal under paragraph 
(1)(B), the Board shall, not later than 90 days 
thereafter, submit to the Commission a revised pro-
posal. Such revised proposal shall be treated as a 
proposal submitted by the Board under subsection 
(b)(1). 
(3) REVISIONS TO PLAN.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission proposals for 
revisions to the Plan. 
(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a proposal, the Commission shall complete 
a single proceeding to— 
(i) revise the Plan in accordance with 
such proposal, without modification of the 
proposal; or 
(ii) reject such proposal. 
(d) REQUIREMENTS FOR PLAN.—The Plan shall in-
clude the following requirements: 
(1) 
DEPLOYMENT
STANDARDS.—The 
Plan 
shall— 
(A) require each State public safety 
broadband communications network to be inter-
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connected and interoperable with all other such 
networks; 
(B) require each State public safety 
broadband communications network to be based 
on a network architecture that evolves with 
technological advancements; 
(C) 
require 
all 
State 
public 
safety 
broadband communications networks to be 
based on the same commercial standards; 
(D) require each State public safety 
broadband communications network to be de-
ployed as networks are typically deployed by 
providers of commercial mobile data service; 
(E) promote competition in the public safe-
ty equipment market by requiring equipment 
for use on the State public safety broadband 
communications networks to be— 
(i) built to open, nonproprietary, com-
mercial standards; 
(ii) capable of being used by any pro-
vider of public safety services and accessed 
by devices manufactured by multiple ven-
dors; and 
(iii) backward-compatible with prior 
generations of commercial mobile service 
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and commercial mobile data service net-
works to the extent typically deployed by 
providers of commercial mobile service and 
commercial mobile data service; and 
(F) require each State public safety 
broadband communications network to be inte-
grated with public safety answering points, or 
the equivalent of public safety answering points, 
and with networks for the provision of Next 
Generation 9–1–1 services. 
(2) 
STATE-SPECIFIC
REQUIREMENTS.—The 
Plan shall require each State Public Safety 
Broadband Office to include in requests for pro-
posals for the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such State— 
(A) specifications for the construction and 
deployment of such network, including— 
(i) build timetables, which shall take 
into consideration the time needed to build 
out to rural areas; 
(ii) required coverage areas, including 
rural and nonurban areas; 
(iii) minimum service levels; and 
(iv) specific performance criteria; 
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(B) the technical and operational require-
ments for such network; 
(C) the practices, procedures, and stand-
ards for the management and operation of such 
network; 
(D) the terms of service for the use of such 
network; and 
(E) specifications for ongoing compliance 
review and monitoring of— 
(i) the construction, management, 
maintenance, and operation of such net-
work; 
(ii) the practices and procedures of 
the entities operating on such network; and 
(iii) the necessary training needs of 
network users. 
(e) DEVELOPMENT
OF BASELINE REQUEST
FOR 
PROPOSALS.— 
(1) DEVELOPMENT BY BOARD.—Not later than 
1 year after the date on which the Board is estab-
lished under subsection (a)(1), the Board shall sub-
mit to the Commission a draft baseline request for 
proposals for each State to use in developing its re-
quest for proposals for the construction, manage-
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ment, maintenance, and operation of a State public 
safety broadband communications network. 
(2) CONSIDERATION BY COMMISSION.— 
(A) IN GENERAL.—Not later than 90 days 
after the date of the submission of the draft 
baseline request for proposals by the Board 
under paragraph (1), the Commission shall 
complete a single proceeding to— 
(i) adopt such draft, without modifica-
tion; or 
(ii) reject such draft. 
(B) PROCEDURES IF DRAFT REJECTED.— 
If the Commission rejects such draft under sub-
paragraph (A)(ii), the Board shall, not later 
than 60 days thereafter, submit to the Commis-
sion a revised draft baseline request for pro-
posals. Such revised draft shall be treated as a 
draft submitted by the Board under paragraph 
(1). 
(3) REVISIONS.— 
(A) SUBMISSION.—The Board shall peri-
odically submit to the Commission draft revi-
sions to the baseline request for proposals 
adopted under paragraph (2)(A)(i). 
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(B) CONSIDERATION
BY
COMMISSION.— 
Not later than 90 days after the submission of 
such a draft revision, the Commission shall 
complete a single proceeding to— 
(i) revise the baseline request for pro-
posals in accordance with such draft revi-
sion, without modification of such draft re-
vision; or 
(ii) reject such draft revision. 
SEC. 4203. PLAN ADMINISTRATION. 
(a) SELECTION OF ADMINISTRATOR.— 
(1) IN
GENERAL.—The Assistant Secretary 
shall, through an open, transparent request-for-pro-
posals process, select an entity to serve as the Ad-
ministrator of the Plan. The Assistant Secretary 
shall commence such process not later than 120 
days after the date of the adoption of the Plan by 
the Commission under section 4202(c)(1)(A). 
(2) REPLACEMENT.—If an entity ceases to 
serve as Administrator under a contract awarded 
under paragraph (1) or this paragraph, the Assist-
ant Secretary shall, through an open, transparent 
request-for-proposals process, select another entity 
to serve as Administrator. 
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(b) POWERS AND DUTIES OF ADMINISTRATOR.—The 
Administrator shall— 
(1) review and coordinate the implementation of 
the Plan and the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications networks, in accordance 
with the Plan, under contracts entered into by the 
State Public Safety Broadband Offices; 
(2) transmit to each State Public Safety 
Broadband Office the baseline request for proposals 
adopted 
by 
the 
Commission 
under 
section 
4202(e)(2)(A)(i) and any revisions to such baseline 
request for proposals adopted by the Commission 
under section 4202(e)(3)(B)(i); 
(3) review and approve or disapprove, in ac-
cordance with section 4221(c), each contract pro-
posed by a State Public Safety Broadband Office for 
the construction, management, maintenance, and op-
eration of a State public safety broadband commu-
nications network; 
(4) give public notice of each decision to ap-
prove or disapprove such a contract and of any other 
decision of the Administrator with respect to such a 
contract, a State Public Safety Broadband Office, or 
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a State public safety broadband communications 
network; 
(5) in consultation with State Public Safety 
Broadband Offices, conduct assessments for inclu-
sion in the annual report required by subsection 
(f)(1) of— 
(A) progress on construction and adoption 
of the State public safety broadband commu-
nications networks; and 
(B) the management, maintenance, and 
operation of such networks; and 
(6) conduct such audits as are necessary to en-
sure— 
(A) with respect to contracts described in 
paragraph (3), the integrity of the contracting 
process and the adequate performance of such 
contracts; and 
(B) that the State public safety broadband 
communications networks are constructed, man-
aged, maintained, and operated in accordance 
with the Plan. 
(c) LIMITATION ON POWERS OF ADMINISTRATOR.— 
The Administrator may not— 
(1) take any action unless this title expressly 
confers on the Administrator the power to take such 
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action or such action is necessary to carry out a 
power that this title expressly confers on the Admin-
istrator; or 
(2) prohibit or refuse to approve any action of 
a State Public Safety Broadband Office or with re-
spect to a State public safety broadband communica-
tions network unless such action would violate the 
Plan or the license terms of the spectrum licensed 
to the Administrator. 
(d) REVIEW OF DECISIONS OF ADMINISTRATOR.— 
(1) IN GENERAL.—The United States District 
Court for the District of Columbia shall have exclu-
sive jurisdiction to review decisions of the Adminis-
trator. 
(2) FILING OF PETITION.—Any party aggrieved 
by a decision of the Administrator may seek review 
of such decision by filing a petition for review with 
the court not later than 30 days after the date on 
which public notice is given of such decision. 
(3) CONTENTS
OF
PETITION.—The petition 
shall contain a concise statement of the following: 
(A) The nature of the proceedings as to 
which review is sought. 
(B) The grounds on which relief is sought. 
(C) The relief prayed. 
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(4) ATTACHMENT
TO
PETITION.—The peti-
tioner shall attach to the petition, as an exhibit, a 
copy of the decision of the Administrator on which 
review is sought. 
(5) SERVICE.—The clerk shall serve a true copy 
of the petition on the Administrator, the Assistant 
Secretary, and the Commission by registered mail, 
with request for a return receipt. 
(6) STANDARD OF REVIEW.—The court may af-
firm or vacate a decision of the Administrator on re-
view. The court may vacate a decision of the Admin-
istrator only— 
(A) where the decision was procured by 
corruption, fraud, or undue means; 
(B) where there was actual partiality or 
corruption in the Administrator; 
(C) where the Administrator was guilty of 
misconduct in refusing to hear evidence perti-
nent and material to the decision or of any 
other misbehavior by which the rights of any 
party have been prejudiced; or 
(D) where the Administrator exceeded the 
powers conferred on it by this title or otherwise 
did not arguably construe or apply the Plan in 
making its decision. 
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(7) REVIEW BY NTIA PROHIBITED.—The As-
sistant Secretary shall take such action as is nec-
essary to ensure that the Administrator complies 
with the requirements of this title, the Plan, and the 
terms of the contract entered into under subsection 
(a), but the Assistant Secretary may not vacate or 
otherwise modify a decision by the Administrator 
with respect to a third party. 
(e) AUDITS OF USE OF FEDERAL FUNDS BY ADMIN-
ISTRATOR.—Not later than 1 year after entering into a 
contract to serve as Administrator, and annually there-
after, the Administrator shall provide to the Assistant Sec-
retary a statement, audited by an independent auditor, 
that details the use during the preceding fiscal year of any 
Federal funds received by the Administrator in connection 
with its service as Administrator. 
(f) ANNUAL REPORT BY ADMINISTRATOR.— 
(1) IN GENERAL.—Not later than 1 year after 
entering into a contract to serve as Administrator, 
and annually thereafter, the Administrator shall sub-
mit a report covering the preceding fiscal year to— 
(A) the Committee on Energy and Com-
merce of the House of Representatives and the 
Committee on Commerce, Science, and Trans-
portation of the Senate; 
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(B) the Assistant Secretary; 
(C) the Commission; and 
(D) the Board. 
(2) REQUIRED CONTENT.—The report required 
by paragraph (1) shall include— 
(A) a comprehensive and detailed descrip-
tion of— 
(i) the results of assessments con-
ducted under subsection (b)(5) and audits 
conducted under subsection (b)(6); 
(ii) the activities of the Administrator 
in its capacity as Administrator; and 
(iii) the financial condition of the Ad-
ministrator; and 
(B) such recommendations or proposals for 
legislative or administrative action as the Ad-
ministrator considers appropriate. 
SEC. 4204. INITIAL FUNDING FOR ADMINISTRATOR. 
(a) BORROWING AUTHORITY.—Prior to the end of 
fiscal year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury of the United States not 
more than $40,000,000 to enter into a contract with an 
entity to serve as Administrator under section 4203(a). 
(b) REIMBURSEMENT.—The Assistant Secretary 
shall reimburse the general fund of the Treasury, without 
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interest, for any amounts borrowed under subsection (a) 
from funds made available from the Public Safety Trust 
Fund established by section 4241(a)(1), as such funds be-
come available. 
SEC. 4205. STUDY ON EMERGENCY COMMUNICATIONS BY 
AMATEUR RADIO AND IMPEDIMENTS TO AMA-
TEUR RADIO COMMUNICATIONS. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Commission, in con-
sultation with the Office of Emergency Communications 
in the Department of Homeland Security, shall— 
(1) complete a study on the uses and capabili-
ties of amateur radio service communications in 
emergencies and disaster relief; and 
(2) submit to the Committee on Energy and 
Commerce of the House of Representatives and the 
Committee on Commerce, Science, and Transpor-
tation of the Senate a report on the findings of such 
study. 
(b) CONTENTS.—The study required by subsection 
(a) shall include— 
(1)(A) a review of the importance of emergency 
amateur radio service communications relating to 
disasters, severe weather, and other threats to lives 
and property in the United States; and 
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(B) recommendations for— 
(i) enhancements in the voluntary deploy-
ment of amateur radio operators in disaster and 
emergency communications and disaster relief 
efforts; and 
(ii) improved integration of amateur radio 
operators in the planning and furtherance of 
initiatives of the Federal Government; and 
(2)(A) an identification of impediments to en-
hanced amateur radio service communications, such 
as the effects of unreasonable or unnecessary private 
land use restrictions on residential antenna installa-
tions; and 
(B) recommendations regarding the removal of 
such impediments. 
(c) EXPERTISE.—In conducting the study required 
by subsection (a), the Commission shall use the expertise 
of stakeholder entities and organizations, including the 
amateur radio, emergency response, and disaster commu-
nications communities. 
PART 2—STATE IMPLEMENTATION 
SEC. 4221. NEGOTIATION AND APPROVAL OF CONTRACTS. 
(a) STATE PUBLIC SAFETY BROADBAND OFFICES.— 
Each State desiring to establish a State public safety 
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broadband communications network shall establish or des-
ignate a State Public Safety Broadband Office. 
(b) NEGOTIATION BY STATES.— 
(1) IN
GENERAL.—Each State Public Safety 
Broadband Office shall— 
(A) use the baseline request for proposals 
transmitted under section 4203(b)(2) to develop 
a request for proposals for the construction, 
management, maintenance, and operation of a 
State public safety broadband communications 
network; 
(B) negotiate a contract with a private-sec-
tor entity for such construction, management, 
maintenance, and operation; 
(C) transmit such contract to the Adminis-
trator for approval; and 
(D) if the Administrator approves such 
contract, enter into such contract with such en-
tity. 
(2) FACTORS FOR CONSIDERATION.—In devel-
oping a request for proposals under paragraph 
(1)(A) and negotiating a proposed contract under 
paragraph 
(1)(B), 
the 
State 
Public 
Safety 
Broadband Office shall take into consideration the 
following: 
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(A) The most efficient and effective use 
and integration by State, local, and tribal pro-
viders of public safety services within such 
State of the spectrum licensed to the Adminis-
trator and the infrastructure, equipment, and 
other architecture associated with the State 
public safety broadband communications net-
work to satisfy the wireless communications 
and data services needs of such providers. 
(B) The particular assets and specialized 
needs of such providers. Such assets may in-
clude available towers and infrastructure. Such 
needs may include the projected number of 
users, preferred buildout timeframes, special 
coverage needs, special hardening, reliability, 
security, and resiliency needs, local user priority 
assignments, and integration needs of public 
safety answering points and emergency oper-
ations centers. 
(C) Whether any entities that are not pro-
viders of public safety services should have 
emergency access to the State public safety 
broadband communications network, as de-
scribed in subsection (e). 
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(D) Whether the State public safety 
broadband communications network provides 
for the selection on a localized basis of network 
options that remain consistent with the Plan. 
(E) How to ensure the reliability, security, 
and resiliency of the State public safety 
broadband communications network, including 
through measures for— 
(i) protecting and monitoring the cy-
bersecurity of the network; and 
(ii) managing supply chain risks to 
the network. 
(3) PARTNERSHIPS.— 
(A) IN
GENERAL.—In choosing from 
among the entities that respond to the request 
for 
proposals 
developed 
under 
paragraph 
(1)(A), the State Public Safety Broadband Of-
fice shall— 
(i) select a provider of commercial mo-
bile service or commercial mobile data 
service; and 
(ii) give additional consideration to 
providers of commercial mobile service or 
commercial mobile data service whose pro-
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posals include a partnership with a utility 
provider. 
(B) JOINT
VENTURES.—For purposes of 
subparagraph (A), a joint venture that includes 
a provider of commercial mobile service or com-
mercial mobile data service shall be considered 
to be such a provider. 
(c) REVIEW BY ADMINISTRATOR.— 
(1) IN GENERAL.—Upon receiving from a State 
Public Safety Broadband Office a contract nego-
tiated under subsection (b), the Administrator shall 
either approve or disapprove such contract but may 
not make any changes to its terms. 
(2) DISAPPROVAL.—In the case of disapproval 
under paragraph (1), the State Public Safety 
Broadband Office may renegotiate the contract, ne-
gotiate a contract with another entity that re-
sponded to the Office’s request for proposals, or 
issue a new request for proposals. 
(d) 
PUBLIC-PRIVATE
PARTNERSHIPS.—Notwith-
standing any limitation in section 337 of the Communica-
tions Act of 1934 (47 U.S.C. 337), a contract entered into 
between a State Public Safety Broadband Office and a 
private entity under subsection (b)(1)(D) may permit— 
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(1) such entity to obtain access to the spectrum 
licensed to the Administrator in such State for serv-
ices that are not public safety services; or 
(2) the State Public Safety Broadband Office to 
share with such entity equipment or infrastructure 
of the State public safety broadband communications 
network, including antennas and towers. 
(e) EMERGENCY ACCESS BY NON-PUBLIC SAFETY 
ENTITIES.— 
(1) IN GENERAL.—Notwithstanding any limita-
tion in section 337 of the Communications Act of 
1934 (47 U.S.C. 337), as expressly permitted by the 
terms of a contract entered into under subsection 
(b)(1)(D) for the construction, management, mainte-
nance, and operation of a State public safety 
broadband communications network, the Adminis-
trator may enter into agreements with entities in 
such State that are not providers of public safety 
services to permit such entities to obtain access on 
a secondary, preemptible basis to the State public 
safety broadband communications network of such 
State in order to facilitate interoperability between 
such entities and providers of public safety services 
in protecting the safety of life, health, and property 
during emergencies and during preparation for and 
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recovery from emergencies, including during emer-
gency drills, exercises, and tests. 
(2) PREEMPTION.—The Administrator shall en-
sure that, under any agreement entered into under 
paragraph (1), providers of public safety services 
may preempt use of the State public safety 
broadband communications network by an entity 
with which the Administrator has entered into such 
agreement. 
(f) MULTI-STATE NEGOTIATION.—The State Public 
Safety Broadband Offices of more than one State may 
form a consortium for purposes of developing a request 
for proposals and negotiating and entering into a contract 
for the construction, management, maintenance, and oper-
ation of a State public safety broadband communications 
network for such States. While such Offices remain in the 
consortium, such States shall be treated as a single State, 
such Offices shall be treated as a single Office of a single 
State, and such network shall be treated as the State pub-
lic safety broadband communications network of a single 
State. 
SEC. 4222. STATE IMPLEMENTATION GRANT PROGRAM. 
(a) IN GENERAL.—From amounts made available 
under section 4223(b), the Assistant Secretary shall, in 
consultation with the Administrator, make grants to State 
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Public Safety Broadband Offices to assist such Offices in 
carrying out the duties of such Offices under this part, 
except for making payments under contracts entered into 
under section 4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) MATCHING REQUIREMENTS; FEDERAL SHARE.— 
(1) IN GENERAL.—The Federal share of the 
cost of any activity carried out using a grant under 
this section may not exceed 80 percent of the eligible 
costs of carrying out that activity, as determined by 
the Assistant Secretary. 
(2) WAIVER.—The Assistant Secretary may 
waive, in whole or in part, the requirements of para-
graph (1) if the State Public Safety Broadband Of-
fice has demonstrated financial hardship. 
(d) PROGRAMMATIC
REQUIREMENTS.—Not later 
than 1 year after the date of the adoption of the Plan 
by the Commission under section 4202(c)(1)(A), the As-
sistant Secretary, in consultation with the Board, shall es-
tablish requirements relating to the grant program to be 
carried out under this section, including the following: 
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(1) Defining eligible costs for purposes of sub-
section (c)(1). 
(2) Determining the scope of eligible activities 
for grant funding under this section. 
(3) Prioritizing grants for activities that ensure 
coverage in rural as well as urban areas. 
SEC. 4223. STATE IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
State Implementation Fund. 
(b) AMOUNTS AVAILABLE FOR STATE IMPLEMENTA-
TION GRANT PROGRAM.—Any amounts borrowed under 
subsection (c)(1) and any amounts in the State Implemen-
tation Fund that are not necessary to reimburse the gen-
eral fund of the Treasury for such borrowed amounts shall 
be available to the Assistant Secretary to implement sec-
tion 4222. 
(c) BORROWING AUTHORITY.— 
(1) IN GENERAL.—Prior to the end of fiscal 
year 2021, the Assistant Secretary may borrow from 
the general fund of the Treasury such sums as may 
be necessary, but not to exceed $100,000,000, to im-
plement section 4222. 
(2) REIMBURSEMENT.—The Assistant Sec-
retary shall reimburse the general fund of the Treas-
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ury, without interest, for any amounts borrowed 
under paragraph (1) as funds are deposited into the 
State Implementation Fund. 
(d) TRANSFER OF UNUSED FUNDS.—If there is a 
balance remaining in the State Implementation Fund on 
September 30, 2021, the Secretary of the Treasury shall 
transfer such balance to the general fund of the Treasury, 
where such balance shall be dedicated for the sole purpose 
of deficit reduction. 
SEC. 4224. GRANTS TO STATES FOR NETWORK BUILDOUT. 
(a) ESTABLISHMENT.—From amounts made avail-
able from the Public Safety Trust Fund established by 
section 4241(a)(1), the Assistant Secretary shall make 
grants to State Public Safety Broadband Offices for pay-
ments under contracts entered into under section 
4221(b)(1)(D). 
(b) APPLICATION.—The Assistant Secretary may 
only make a grant under this section to a State Public 
Safety Broadband Office that submits an application at 
such time, in such form, and containing such information 
and assurances as the Assistant Secretary may require. 
(c) QUARTERLY REPORTS.— 
(1) FROM GRANTEES TO NTIA.—Not later than 
3 months after receiving a grant under this section 
and not less frequently than quarterly thereafter 
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until the date that is 1 year after all such funds 
have 
been 
expended, 
a 
State 
Public 
Safety 
Broadband Office shall submit to the Assistant Sec-
retary a report on— 
(A) the use of grant funds by such Office; 
and 
(B) the construction, management, mainte-
nance, and operation of the State public safety 
broadband communications network of such 
State. 
(2) FROM NTIA TO CONGRESS.—Not later than 
6 months after making the first grant under this 
section and not less frequently than quarterly there-
after until the date that is 18 months after all such 
funds have been expended by the grantees, the As-
sistant Secretary shall submit to the Committee on 
Commerce, Science, and Transportation of the Sen-
ate and the Committee on Energy and Commerce of 
the House of Representatives a report that— 
(A) summarizes the reports submitted by 
grantees under paragraph (1); and 
(B) describes and evaluates— 
(i) the use of grant funds disbursed 
under this section; and 
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(ii) the construction, management, 
maintenance, and operation of the State 
public safety broadband communications 
networks under the contracts under which 
grantees make payments using grant 
funds. 
SEC. 4225. WIRELESS FACILITIES DEPLOYMENT. 
(a) FACILITY MODIFICATIONS.— 
(1) IN GENERAL.—Notwithstanding section 704 
of the Telecommunications Act of 1996 (Public Law 
104–104) or any other provision of law, a State or 
local government may not deny, and shall approve, 
any eligible facilities request for a modification of an 
existing wireless tower or base station that does not 
substantially change the physical dimensions of such 
tower or base station. 
(2) ELIGIBLE FACILITIES REQUEST.—For pur-
poses of this subsection, the term ‘‘eligible facilities 
request’’ means any request for modification of an 
existing wireless tower or base station that in-
volves— 
(A) collocation of new transmission equip-
ment; 
(B) removal of transmission equipment; or 
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(C) replacement of transmission equip-
ment. 
(b) FEDERAL EASEMENTS AND RIGHTS-OF-WAY.— 
(1) GRANT.—If an executive agency, a State, a 
political subdivision or agency of a State, or a per-
son, firm, or organization applies for the grant of an 
easement or right-of-way to, in, over, or on a build-
ing or other property owned by the Federal Govern-
ment for the right to install, construct, and maintain 
wireless service antenna structures and equipment 
and backhaul transmission equipment, the executive 
agency having control of the building or other prop-
erty may grant to the applicant, on behalf of the 
Federal Government, an easement or right-of-way to 
perform such installation, construction, and mainte-
nance. 
(2) APPLICATION.—The Administrator of Gen-
eral Services shall develop a common form for appli-
cations for easements and rights-of-way under para-
graph (1) for all executive agencies that shall be 
used by applicants with respect to the buildings or 
other property of each such agency. 
(3) FEE.— 
(A) IN
GENERAL.—Notwithstanding any 
other provision of law, the Administrator of 
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General Services shall establish a fee for the 
grant of an easement or right-of-way pursuant 
to paragraph (1) that is based on direct cost re-
covery. 
(B) EXCEPTIONS.—The Administrator of 
General Services may establish exceptions to 
the fee amount required under subparagraph 
(A)— 
(i) in consideration of the public ben-
efit provided by a grant of an easement or 
right-of-way; and 
(ii) in the interest of expanding wire-
less and broadband coverage. 
(4) USE
OF
FEES
COLLECTED.—Any fee 
amounts collected by an executive agency pursuant 
to paragraph (3) may be made available, as provided 
in appropriations Acts, to such agency to cover the 
costs of granting the easement or right-of-way. 
(c) MASTER CONTRACTS FOR WIRELESS FACILITY 
SITINGS.— 
(1) IN GENERAL.—Notwithstanding section 704 
of the Telecommunications Act of 1996 or any other 
provision of law, and not later than 60 days after 
the date of the enactment of this Act, the Adminis-
trator of General Services shall— 
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(A) develop 1 or more master contracts 
that shall govern the placement of wireless serv-
ice antenna structures on buildings and other 
property owned by the Federal Government; 
and 
(B) in developing the master contract or 
contracts, standardize the treatment of the 
placement of wireless service antenna structures 
on building rooftops or facades, the placement 
of wireless service antenna equipment on roof-
tops or inside buildings, the technology used in 
connection with wireless service antenna struc-
tures or equipment placed on Federal buildings 
and other property, and any other key issues 
the Administrator of General Services considers 
appropriate. 
(2) APPLICABILITY.—The master contract or 
contracts developed by the Administrator of General 
Services under paragraph (1) shall apply to all pub-
licly accessible buildings and other property owned 
by the Federal Government, unless the Adminis-
trator of General Services decides that issues with 
respect to the siting of a wireless service antenna 
structure on a specific building or other property 
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warrant nonstandard treatment of such building or 
other property. 
(3) APPLICATION.—The Administrator of Gen-
eral Services shall develop a common form or set of 
forms for wireless service antenna structure siting 
applications under this subsection for all executive 
agencies that shall be used by applicants with re-
spect to the buildings and other property of each 
such agency. 
(d) EXECUTIVE AGENCY DEFINED.—In this section, 
the term ‘‘executive agency’’ has the meaning given such 
term in section 102 of title 40, United States Code. 
PART 3—PUBLIC SAFETY TRUST FUND 
SEC. 4241. PUBLIC SAFETY TRUST FUND. 
(a) ESTABLISHMENT
OF PUBLIC SAFETY TRUST 
FUND.— 
(1) IN GENERAL.—There is established in the 
Treasury of the United States a trust fund to be 
known as the Public Safety Trust Fund. 
(2) AVAILABILITY.—Amounts deposited in the 
Public Safety Trust Fund shall remain available 
through fiscal year 2021. Any amounts remaining in 
the Fund after the end of such fiscal year shall be 
deposited in the general fund of the Treasury, where 
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such amounts shall be dedicated for the sole purpose 
of deficit reduction. 
(b) USE OF FUND.—As amounts are deposited in the 
Public Safety Trust Fund, such amounts shall be used to 
make the following deposits or payments in the following 
order of priority: 
(1) REPAYMENT OF AMOUNT BORROWED FOR 
ADMINISTRATION
OF
NATIONAL
PUBLIC
SAFETY 
COMMUNICATIONS PLAN.—An amount not to exceed 
$40,000,000 shall be available to the Assistant Sec-
retary to reimburse the general fund of the Treasury 
for any amounts borrowed under section 4204(a). 
(2) 
STATE
IMPLEMENTATION
FUND.— 
$100,000,000 shall be deposited in the State Imple-
mentation Fund established by section 4223(a). 
(3) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS.— 
$4,960,000,000 shall be available to the Assistant 
Secretary to carry out section 4224. 
(4) 
DEFICIT
REDUCTION.—$20,400,000,000 
shall be deposited in the general fund of the Treas-
ury, where such amount shall be dedicated for the 
sole purpose of deficit reduction. 
(5) 9–1–1, E9–1–1, AND NEXT GENERATION 9– 
1–1 IMPLEMENTATION GRANTS.—$250,000,000 shall 
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be available to the Assistant Secretary and the Ad-
ministrator of the National Highway Traffic Safety 
Administration to carry out the grant program 
under section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act, as amended by section 4265 of this title. 
(6) BUILDOUT
OF
STATE
PUBLIC
SAFETY 
BROADBAND
COMMUNICATIONS
NETWORKS
AND 
DEFICIT
REDUCTION.—Of the remaining amounts 
deposited in the Fund— 
(A) 10 percent of any such amounts, not 
to exceed $1,500,000,000, shall be available to 
the Assistant Secretary to carry out section 
4224; and 
(B) 90 percent of any such amounts (or 
100 percent of any such amounts after amounts 
made available under subparagraph (A) exceed 
$1,500,000,000) shall be deposited in the gen-
eral fund of the Treasury, where such amounts 
shall be dedicated for the sole purpose of deficit 
reduction. 
(c) INVESTMENT.—Amounts in the Public Safety 
Trust Fund shall be invested in accordance with section 
9702 of title 31, United States Code, and any interest on, 
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and proceeds from, any such investment shall be credited 
to, and become a part of, the Fund. 
PART 4—NEXT GENERATION 9–1–1 
ADVANCEMENT ACT OF 2011 
SEC. 4261. SHORT TITLE. 
This part may be cited as the ‘‘Next Generation 9– 
1–1 Advancement Act of 2011’’. 
SEC. 4262. FINDINGS. 
Congress finds that— 
(1) for the sake of the public safety of our Na-
tion, a universal emergency service number (9–1–1) 
that is enhanced with the most modern and state-of- 
the-art telecommunications capabilities possible, in-
cluding voice, data, and video communications, 
should be available to all citizens wherever they live, 
work, and travel; 
(2) a successful migration to Next Generation 
9–1–1 service communications systems will require 
greater Federal, State, and local government re-
sources and coordination; 
(3) any funds that are collected from fees im-
posed on consumer bills for the purposes of funding 
9–1–1 services, enhanced 9–1–1 services, or Next 
Generation 9–1–1 services should only be used for 
the purposes for which the funds are collected; 
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(4) it is a national priority to foster the migra-
tion from analog, voice-centric 9–1–1 and current 
generation emergency communications systems to a 
21st century, Next Generation, IP-based emergency 
services model that embraces a wide range of voice, 
video, and data applications; 
(5) ensuring 9–1–1 access for all citizens in-
cludes improving access to 9–1–1 systems for the 
deaf, hard of hearing, deaf-blind, and individuals 
with speech disabilities, who increasingly commu-
nicate with non-traditional text, video, and instant- 
messaging communications services, and who expect 
those services to be able to connect directly to 9–1– 
1 systems; 
(6) a coordinated public educational effort on 
current and emerging 9–1–1 system capabilities and 
proper use of the 9–1–1 system is essential to the 
operation of effective 9–1–1 systems; 
(7) Federal policies and funding should enable 
the transition to Internet Protocol-based (IP-based) 
Next Generation 9–1–1 systems, and Federal 9–1– 
1 and emergency communications laws and regula-
tions must keep pace with rapidly changing tech-
nology to ensure an open and competitive 9–1–1 en-
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vironment based on the most advanced technology 
available; and 
(8) Federal policies and grant programs should 
reflect the growing convergence and integration of 
emergency communications technology, such that 
State interoperability plans and Federal funding in 
support of such plans are made available for all as-
pects of Next Generation 9–1–1 service and emer-
gency communications systems. 
SEC. 4263. PURPOSES. 
The purposes of this part are— 
(1) to focus Federal policies and funding pro-
grams to ensure a successful migration from voice- 
centric 9–1–1 systems to IP-enabled, Next Genera-
tion 9–1–1 emergency response systems that use 
voice, data, and video services to greatly enhance the 
capability of 9–1–1 and emergency response services; 
(2) to ensure that technologically advanced 9– 
1–1 and emergency communications systems are 
universally available and adequately funded to serve 
all Americans; and 
(3) to ensure that all 9–1–1 and emergency re-
sponse organizations have access to— 
(A) high-speed broadband networks; 
(B) interconnected IP backbones; and 
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(C) innovative services and applications. 
SEC. 4264. DEFINITIONS. 
In this part, the following definitions shall apply: 
(1) 9–1–1 SERVICES AND E9–1–1 SERVICES.— 
The terms ‘‘9–1–1 services’’ and ‘‘E9–1–1 services’’ 
shall have the meaning given those terms in section 
158 of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 
942), as amended by this part. 
(2) MULTI-LINE
TELEPHONE
SYSTEM.—The 
term ‘‘multi-line telephone system’’ or ‘‘MLTS’’ 
means a system comprised of common control units, 
telephone sets, control hardware and software and 
adjunct systems, including network and premises 
based systems, such as Centrex and VoIP, as well as 
PBX, Hybrid, and Key Telephone Systems (as clas-
sified by the Commission under part 68 of title 47, 
Code of Federal Regulations), and includes systems 
owned or leased by governmental agencies and non- 
profit entities, as well as for profit businesses. 
(3) OFFICE.—The term ‘‘Office’’ means the 9– 
1–1 Implementation Coordination Office established 
under section 158 of the National Telecommuni-
cations and Information Administration Organiza-
tion Act (47 U.S.C. 942), as amended by this part. 
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SEC. 4265. COORDINATION OF 9–1–1 IMPLEMENTATION. 
Section 158 of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
942) is amended to read as follows: 
‘‘SEC. 158. COORDINATION OF 9–1–1, E9–1–1, AND NEXT GEN-
ERATION 9–1–1 IMPLEMENTATION. 
‘‘(a) 9–1–1 IMPLEMENTATION COORDINATION OF-
FICE.— 
‘‘(1) ESTABLISHMENT
AND
CONTINUATION.— 
The Assistant Secretary and the Administrator of 
the National Highway Traffic Safety Administration 
shall— 
‘‘(A) establish and further a program to 
facilitate coordination and communication be-
tween Federal, State, and local emergency com-
munications systems, emergency personnel, 
public safety organizations, telecommunications 
carriers, and telecommunications equipment 
manufacturers and vendors involved in the im-
plementation of 9–1–1 services; and 
‘‘(B) establish a 9–1–1 Implementation 
Coordination Office to implement the provisions 
of this section. 
‘‘(2) MANAGEMENT PLAN.— 
‘‘(A) DEVELOPMENT.—The Assistant Sec-
retary and the Administrator shall develop a 
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management plan for the grant program estab-
lished under this section, including by devel-
oping— 
‘‘(i) plans related to the organiza-
tional structure of such program; and 
‘‘(ii) funding profiles for each fiscal 
year of the duration of such program. 
‘‘(B) SUBMISSION
TO
CONGRESS.—Not 
later than 90 days after the date of enactment 
of the Next Generation 9–1–1 Advancement Act 
of 2011, the Assistant Secretary and the Ad-
ministrator shall submit the management plan 
developed under subparagraph (A) to— 
‘‘(i) the Committees on Commerce, 
Science, and Transportation and Appro-
priations of the Senate; and 
‘‘(ii) the Committees on Energy and 
Commerce and Appropriations of the 
House of Representatives. 
‘‘(3) PURPOSE OF OFFICE.—The Office shall— 
‘‘(A) take actions, in concert with coordi-
nators designated in accordance with subsection 
(b)(3)(A)(ii), to improve coordination and com-
munication with respect to the implementation 
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