ly to the Assistant Secretary and the Administrator, 
under section 158, section 159, section 160, and sec-
tion 161 of the National Telecommunications and In-
formation Administration Organization Act (47 
U.S.C. 942). 
(2) PERSONNEL AND OTHER ASSETS.—The per-
sonnel, property, records, and unexpended balances of 
appropriations, allocations, and other funds em-
ployed, used, held, available, or to be made available 
in connection with a function transferred to the As-
sistant Secretary under paragraph (1) shall be trans-
ferred to the Assistant Secretary for use in connection 
with the functions transferred. 
(3) AUTHORITY OF DIRECTOR OF OMB.—The Di-
rector of the Office of Management and Budget, at 
such time or times as the Director shall provide, may 
make— 
(A) such determinations as may be nec-
essary with regard to the functions transferred 
under paragraph (1) and the personnel, prop-
erty, records, and unexpended balances of appro-
priations, allocations, and other funds trans-
ferred under paragraph (2); and 
(B) such additional incidental dispositions 
of personnel, assets, liabilities, grants, contracts, 
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property, records, and unexpended balances of 
appropriations, authorizations, allocations, and 
other funds held, used, arising from, available to, 
or to be made available in connection with the 
functions transferred under paragraph (1), as 
may be necessary to carry out this section and 
the amendments made by this section. 
(b) REFERENCES.—On and after October 1, 2022, in 
the case of any reference relating to the functions trans-
ferred under subsection (a) in any law, regulation, docu-
ment, paper, or other record of the United States— 
(1) if such reference is to the Administrator, or 
to the Assistant Secretary and the Administrator, 
such reference shall be deemed to be to the Assistant 
Secretary; and 
(2) if such reference is to the National Highway 
Traffic Safety Administration, or to the National 
Telecommunications and Information Administration 
and the National Highway Traffic Safety Adminis-
tration, such reference shall be deemed to be to the 
National Telecommunications and Information Ad-
ministration. 
(c) SAVINGS PROVISIONS.— 
(1) DOCUMENTS AND ACTIONS.— 
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(A) IN GENERAL.—All documents and ac-
tions described in subparagraph (B) shall con-
tinue in effect according to their terms until 
modified, terminated, superseded, set aside, or 
revoked in accordance with law by the Assistant 
Secretary, any officer or employee transferred 
under subsection (a), a court of competent juris-
diction, or operation of law. 
(B) 
DOCUMENTS
AND
ACTIONS
DE-
SCRIBED.—A document or action described in 
this subparagraph is any order, determination, 
rule, grant, contract, agreement, or other docu-
ment or action that— 
(i) was issued, made, granted, or al-
lowed to become effective by the Assistant 
Secretary, the Administrator, the Assistant 
Secretary and the Administrator, any offi-
cer or employee transferred under subsection 
(a), or a court of competent jurisdiction, in 
the performance of any function that is 
transferred under such subsection; and 
(ii) is in effect on September 30, 2022 
(or becomes effective after such day pursu-
ant to its terms as in effect on such day). 
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(2) 
PENDING
PROCEEDINGS
AND
APPLICA-
TIONS.— 
(A) IN
GENERAL.—This section and the 
amendments made by this section shall not affect 
any proceeding or application for any benefits, 
service, license, permit, certificate, or grant or 
other financial assistance relating to the func-
tions transferred under subsection (a) that was 
pending on September 30, 2022, before the As-
sistant Secretary, the Administrator, the Assist-
ant Secretary and the Administrator, or any of-
ficer or employee transferred under such sub-
section, but such proceeding or application shall 
be continued. Orders shall be issued in any such 
proceeding, and appeals shall be taken therefrom, 
as if this section and the amendments made by 
this section had not been enacted, and orders 
issued in any such proceeding shall continue in 
effect until modified, terminated, superseded, or 
revoked by the Assistant Secretary, any other au-
thorized official, a court of competent jurisdic-
tion, or operation of law. 
(B) SUBSTITUTION.—Notwithstanding sub-
paragraph (A), on and after October 1, 2022, 
any proceeding or application described in such 
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subparagraph that was pending before the Ad-
ministrator, or before the Assistant Secretary 
and the Administrator, shall be continued as de-
scribed in such subparagraph before the Assist-
ant Secretary. 
(C) RULE OF CONSTRUCTION.—Nothing in 
this paragraph shall be construed to prohibit the 
discontinuance or modification of any pro-
ceeding or application described in subpara-
graph (A) under the same terms and conditions 
and to the same extent that such proceeding or 
application could have been discontinued or 
modified if this section and the amendments 
made by this section had not been enacted. 
(3) CONTINUATION OF CIVIL ACTIONS.— 
(A) IN
GENERAL.—This section and the 
amendments made by this section shall not affect 
any civil action relating to the functions trans-
ferred under subsection (a) that was commenced 
before October 1, 2022, by or against the Assist-
ant Secretary, the Administrator, the Assistant 
Secretary and the Administrator, or any officer 
or employee transferred under such subsection. 
In any such action, proceeding shall be had, ap-
peals taken, and judgment rendered in the same 
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manner and with the same effect as if this sec-
tion and the amendments made by this section 
had not been enacted. 
(B) SUBSTITUTION.—Notwithstanding sub-
paragraph (A), on and after October 1, 2022, in 
the case of any civil action described in such 
subparagraph by or against the Administrator, 
or the Assistant Secretary and the Adminis-
trator, the Assistant Secretary shall be sub-
stituted as a party for the Administrator, or the 
Assistant Secretary and the Administrator, re-
spectively. 
(4) NO CHANGE IN STATUS OF PERSONNEL.—In 
the case of an officer or employee who is transferred 
to the Assistant Secretary under subsection (a), the of-
ficer or employee’s grade, compensation, rate of leave, 
or other benefits that apply with respect to such offi-
cer or employee at the time of transfer shall not be 
reduced while such officer or employee remains con-
tinuously employed in performance of the functions in 
connection with which such officer or employee is 
transferred, other than for cause. 
(d) CONFORMING AMENDMENTS.— 
(1) NATIONAL
TELECOMMUNICATIONS
AND
IN-
FORMATION
ADMINISTRATION
ORGANIZATION
ACT.— 
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The National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 942), as 
amended by the preceding provisions of this Act, is 
further amended— 
(A) in section 158— 
(i) by striking ‘‘and the Adminis-
trator’’ each place it appears; and 
(ii) in subsection (a)(1), by striking 
‘‘of the National Highway Traffic Safety 
Administration’’; 
(B) in section 159— 
(i) by striking ‘‘and the Adminis-
trator’’ each place it appears; and 
(ii) by striking paragraph (3) of sub-
section (c); 
(C) in section 160, by striking ‘‘and the Ad-
ministrator’’; and 
(D) in section 161, by striking ‘‘and the Ad-
ministrator’’ each place it appears. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on October 1, 2022. 
(e) DEFINITIONS.—In this section: 
(1) 
ADMINISTRATOR.—The 
term 
‘‘Adminis-
trator’’ means the Administrator of the National 
Highway Traffic Safety Administration. 
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(2) ASSISTANT SECRETARY.—The term ‘‘Assist-
ant Secretary’’ means the Assistant Secretary of Com-
merce for Communications and Information. 
TITLE IV—INCUMBENT 
INFORMING CAPABILITY 
SEC. 401. INCUMBENT INFORMING CAPABILITY. 
Part B of the National Telecommunications and Infor-
mation Administration Organization Act (47 U.S.C. 921 
et seq.) is amended by adding at the end the following: 
‘‘SEC. 120. INCUMBENT INFORMING CAPABILITY. 
‘‘(a) IN GENERAL.—The Assistant Secretary shall— 
‘‘(1) not later than 120 days after the date of the 
enactment of this section, begin to amend the Depart-
ment of Commerce spectrum management document 
entitled ‘Manual of Regulations and Procedures for 
Federal Radio Frequency Management’ so as to incor-
porate an incumbent informing capability; and 
‘‘(2) not later than the date on which the total 
amount of funds required to be made available from 
the Public Safety and Secure Networks Fund under 
section 601(c)(3) of the Spectrum Innovation Act of 
2022 is so made available, begin to implement such 
capability, including the development and testing of 
such capability. 
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‘‘(b) ESTABLISHMENT OF THE INCUMBENT INFORMING 
CAPABILITY.— 
‘‘(1) IN
GENERAL.—The incumbent informing 
capability required by subsection (a) shall include a 
system to enable sharing, including time-based shar-
ing and coordination, to securely manage harmful in-
terference between non-Federal users and incumbent 
Federal entities sharing a band of covered spectrum 
and between Federal entities sharing a band of cov-
ered spectrum. 
‘‘(2) REQUIREMENTS.—The system required by 
paragraph (1) shall contain, at a minimum, the fol-
lowing: 
‘‘(A) One or more mechanisms to allow non- 
Federal use in covered spectrum, as authorized 
by the rules of the Commission. Such mechanism 
or mechanisms shall include interfaces to com-
mercial sharing systems, as appropriate. 
‘‘(B) One or more mechanisms to facilitate 
Federal-to-Federal sharing, as authorized by the 
NTIA. 
‘‘(C) One or more mechanisms to prevent, 
eliminate, or mitigate harmful interference to in-
cumbent Federal entities, including one or more 
of the following functions: 
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‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
‘‘(D) Dynamic coordination area analysis, 
definition, and control, if appropriate for a 
band. 
‘‘(3) COMPLIANCE WITH COMMISSION RULES.— 
The incumbent informing capability required by sub-
section (a) shall ensure that use of covered spectrum 
is in accordance with the applicable rules of the Com-
mission. 
‘‘(4) INPUT OF INFORMATION.— 
‘‘(A) IN GENERAL.—Each incumbent Fed-
eral entity sharing a band of covered spectrum 
shall— 
‘‘(i) input into the system required by 
paragraph (1) such information as the As-
sistant Secretary may require, including the 
frequency, time, and location of the use of 
the band by such Federal entity; and 
‘‘(ii) to the extent practicable, input 
such information into such system on an 
automated basis. 
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‘‘(B) 
PAYMENT
OF
COSTS.—Notwith-
standing subsections (c) through (e) of section 
118 and subparagraphs (C) through (E) of sub-
section (g)(2) of such section, the Director of the 
Office of Management and Budget, in consulta-
tion with the Assistant Secretary, may use 
amounts available in the Spectrum Relocation 
Fund to pay the costs incurred by Federal enti-
ties to input information as required by sub-
paragraph (A). 
‘‘(5) PROTECTION OF CLASSIFIED INFORMATION 
AND CONTROLLED UNCLASSIFIED INFORMATION.—The 
system required by paragraph (1) shall contain ap-
propriate measures to protect classified information 
and controlled unclassified information, including 
any such classified information or controlled unclassi-
fied information that relates to military operations. 
‘‘(c) BRIEFING.—Not later than 1 year after the date 
on which the total amount of funds required to be made 
available from the Public Safety and Secure Networks Fund 
under section 601(c)(3) of the Spectrum Innovation Act of 
2022 is so made available, the Assistant Secretary shall pro-
vide a briefing on the implementation of this section to the 
Committee on Energy and Commerce of the House of Rep-
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resentatives and the Committee on Commerce, Science, and 
Transportation of the Senate. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED
SPECTRUM.—The term ‘covered 
spectrum’ means— 
‘‘(A) electromagnetic spectrum for which 
usage rights are assigned to or authorized for 
(including before the date on which the incum-
bent informing capability required by subsection 
(a) is implemented) a non-Federal user or class 
of non-Federal users for use on a shared basis 
with an incumbent Federal entity in accordance 
with the rules of the Commission; and 
‘‘(B) electromagnetic spectrum allocated on 
a primary or co-primary basis for Federal use 
that is shared among Federal entities. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal enti-
ty’ has the meaning given such term in section 113(l). 
‘‘(3) INCUMBENT INFORMING CAPABILITY.—The 
term ‘incumbent informing capability’ means a capa-
bility to facilitate the sharing of covered spectrum. 
‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter or expand the authority of 
the NTIA as described in section 113(j)(1).’’. 
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