H. R. 3630—60 
(d) EXEMPTION FROM CERTAIN LAWS.—Any action taken or 
decisions made by the First Responder Network Authority shall 
be exempt from the requirements of— 
(1) section 3506 of title 44, United States Code (commonly 
referred to as the Paperwork Reduction Act); 
(2) chapter 5 of title 5, United States Code (commonly 
referred to as the Administrative Procedures Act); and 
(3) chapter 6 of title 5, United States Code (commonly 
referred to as the Regulatory Flexibility Act). 
(e) NETWORK CONSTRUCTION FUND.— 
(1) ESTABLISHMENT.—There is established in the Treasury 
of the United States a fund to be known as the ‘‘Network 
Construction Fund’’. 
(2) USE OF FUND.—Amounts deposited into the Network 
Construction Fund shall be used by the— 
(A) First Responder Network Authority to carry out 
this section, except for administrative expenses; and 
(B) NTIA to make grants to States under section 
6302(e)(3)(C)(iii)(I). 
(f) TERMINATION OF AUTHORITY.—The authority of the First 
Responder Network Authority shall terminate on the date that 
is 15 years after the date of enactment of this title. 
(g) GAO REPORT.—Not later than 10 years after the date of 
the enactment of this Act, the Comptroller General of the United 
States shall submit to Congress a report on what action Congress 
should take regarding the 15-year sunset of authority under sub-
section (f). 
SEC. 6207. INITIAL FUNDING FOR THE FIRST RESPONDER NETWORK 
AUTHORITY. 
(a) BORROWING AUTHORITY.—Prior to the deposit of proceeds 
into the Public Safety Trust Fund from the incentive auctions 
to be carried out under section 309(j)(8)(G) of the Communications 
Act of 1934 or the auction of spectrum pursuant to section 6401, 
the NTIA may borrow from the Treasury such sums as may be 
necessary, but not to exceed $2,000,000,000, to implement this 
subtitle. The NTIA shall reimburse the Treasury, without interest, 
from funds deposited into the Public Safety Trust Fund. 
(b) PROHIBITION.— 
(1) IN
GENERAL.—Administrative expenses of the First 
Responder Network Authority may not exceed $100,000,000 
during the 10-year period beginning on the date of enactment 
of this title. 
(2) DEFINITION.—For purposes of this subsection, the term 
‘‘administrative expenses’’ does not include the costs incurred 
by the First Responder Network Authority for oversight and 
audits to protect against waste, fraud, and abuse. 
SEC. 6208. PERMANENT SELF-FUNDING; DUTY TO ASSESS AND COL-
LECT FEES FOR NETWORK USE. 
(a) IN GENERAL.—Notwithstanding section 337 of the Commu-
nications Act of 1934 (47 U.S.C. 337), the First Responder Network 
Authority is authorized to assess and collect the following fees: 
(1) NETWORK USER FEE.—A user or subscription fee from 
each entity, including any public safety entity or secondary 
user, that seeks access to or use of the nationwide public 
safety broadband network. 
(2) LEASE FEES RELATED TO NETWORK CAPACITY.—
H. R. 3630—61 
(A) IN GENERAL.—A fee from any entity that seeks 
to enter into a covered leasing agreement. 
(B) COVERED LEASING AGREEMENT.—For purposes of 
subparagraph (A), a ‘‘covered leasing agreement’’ means 
a written agreement resulting from a public-private 
arrangement to construct, manage, and operate the nation-
wide public safety broadband network between the First 
Responder Network Authority and secondary user to 
permit— 
(i) access to network capacity on a secondary basis 
for non-public safety services; and 
(ii) the spectrum allocated to such entity to be 
used for commercial transmissions along the dark fiber 
of the long-haul network of such entity. 
(3) LEASE
FEES
RELATED
TO
NETWORK
EQUIPMENT
AND 
INFRASTRUCTURE.—A fee from any entity that seeks access to 
or use of any equipment or infrastructure, including antennas 
or towers, constructed or otherwise owned by the First 
Responder Network Authority resulting from a public-private 
arrangement to construct, manage, and operate the nationwide 
public safety broadband network. 
(b) ESTABLISHMENT
OF
FEE
AMOUNTS; PERMANENT
SELF- 
FUNDING.—The total amount of the fees assessed for each fiscal 
year pursuant to this section shall be sufficient, and shall not 
exceed the amount necessary, to recoup the total expenses of the 
First Responder Network Authority in carrying out its duties and 
responsibilities described under this subtitle for the fiscal year 
involved. 
(c) ANNUAL
APPROVAL.—The NTIA shall review the fees 
assessed under this section on an annual basis, and such fees 
may only be assessed if approved by the NTIA. 
(d) REQUIRED REINVESTMENT OF FUNDS.—The First Responder 
Network Authority shall reinvest amounts received from the assess-
ment of fees under this section in the nationwide public safety 
interoperable broadband network by using such funds only for 
constructing, maintaining, operating, or improving the network. 
SEC. 6209. AUDIT AND REPORT. 
(a) AUDIT.— 
(1) IN GENERAL.—The Secretary of Commerce shall enter 
into a contract with an independent auditor to conduct an 
audit, on an annual basis, of the First Responder Network 
Authority in accordance with general accounting principles and 
procedures applicable to commercial corporate transactions. 
Each audit conducted under this paragraph shall be made 
available to the appropriate committees of Congress. 
(2) LOCATION.—Any audit conducted under paragraph (1) 
shall be conducted at the place or places where accounts of 
the First Responder Network Authority are normally kept. 
(3) ACCESS
TO
FIRST
RESPONDER
NETWORK
AUTHORITY 
BOOKS AND DOCUMENTS.— 
(A) IN GENERAL.—For purposes of an audit conducted 
under paragraph (1), the representatives of the independent 
auditor shall— 
(i) have access to all books, accounts, records, 
reports, files, and all other papers, things, or property 
belonging to or in use by the First Responder Network
H. R. 3630—62 
Authority that pertain to the financial transactions 
of the First Responder Network Authority and are 
necessary to facilitate the audit; and 
(ii) be afforded full facilities for verifying trans-
actions with the balances or securities held by deposi-
tories, fiscal agents, and custodians. 
(B) 
REQUIREMENT.—All 
books, 
accounts, 
records, 
reports, files, papers, and property of the First Responder 
Network Authority shall remain in the possession and cus-
tody of the First Responder Network Authority. 
(b) REPORT.— 
(1) IN GENERAL.—The independent auditor selected to con-
duct an audit under this section shall submit a report of each 
audit conducted under subsection (a) to— 
(A) the appropriate committees of Congress; 
(B) the President; and 
(C) the First Responder Network Authority. 
(2) CONTENTS.—Each report submitted under paragraph 
(1) shall contain— 
(A) such comments and information as the independent 
auditor determines necessary to inform Congress of the 
financial operations and condition of the First Responder 
Network Authority; 
(B) any recommendations of the independent auditor 
relating to the financial operations and condition of the 
First Responder Network Authority; and 
(C) a description of any program, expenditure, or other 
financial transaction or undertaking of the First Responder 
Network Authority that was observed during the course 
of the audit, which, in the opinion of the independent 
auditor, has been carried on or made without the authority 
of law. 
SEC. 6210. ANNUAL REPORT TO CONGRESS. 
(a) IN GENERAL.—Not later than 1 year after the date of enact-
ment of this Act, and each year thereafter, the First Responder 
Network Authority shall submit an annual report covering the 
preceding fiscal year to the appropriate committees of Congress. 
(b) REQUIRED CONTENT.—The report required under subsection 
(a) shall include— 
(1) a comprehensive and detailed report of the operations, 
activities, financial condition, and accomplishments of the First 
Responder Network Authority under this section; and 
(2) such recommendations or proposals for legislative or 
administrative action as the First Responder Network 
Authority deems appropriate. 
(c) AVAILABILITY TO TESTIFY.—The members of the Board and 
employees of the First Responder Network Authority shall be avail-
able to testify before the appropriate committees of the Congress 
with respect to— 
(1) the report required under subsection (a); 
(2) the report of any audit conducted under section 6210; 
or 
(3) any other matter which such committees may determine 
appropriate.
H. R. 3630—63 
SEC. 6211. PUBLIC SAFETY ROAMING AND PRIORITY ACCESS. 
The Commission may adopt rules, if necessary in the public 
interest, to improve the ability of public safety networks to roam 
onto commercial networks and to gain priority access to commercial 
networks in an emergency if— 
(1) the public safety entity equipment is technically compat-
ible with the commercial network; 
(2) the commercial network is reasonably compensated; 
and 
(3) such access does not preempt or otherwise terminate 
or degrade all existing voice conversations or data sessions. 
SEC. 6212. PROHIBITION ON DIRECT OFFERING OF COMMERCIAL TELE-
COMMUNICATIONS SERVICE DIRECTLY TO CONSUMERS. 
(a) IN GENERAL.—The First Responder Network Authority shall 
not offer, provide, or market commercial telecommunications or 
information services directly to consumers. 
(b) RULE OF CONSTRUCTION.—Nothing in this section shall be 
construed to prohibit the First Responder Network Authority and 
a secondary user from entering into a covered leasing agreement 
pursuant to section 6208(a)(2)(B). Nothing in this section shall 
be construed to limit the First Responder Network Authority from 
collecting lease fees related to network equipment and infrastruc-
ture pursuant to section 6208(a)(3). 
SEC. 6213. PROVISION OF TECHNICAL ASSISTANCE. 
The Commission may provide technical assistance to the First 
Responder Network Authority and may take any action necessary 
to assist the First Responder Network Authority in effectuating 
its duties and responsibilities under this subtitle. 
Subtitle C—Public Safety Commitments 
SEC. 6301. STATE AND LOCAL IMPLEMENTATION FUND. 
(a) ESTABLISHMENT.—There is established in the Treasury of 
the United States a fund to be known as the State and Local 
Implementation Fund. 
(b) AMOUNTS AVAILABLE FOR STATE AND LOCAL IMPLEMENTA-
TION GRANT PROGRAM.—Any amounts borrowed under subsection 
(c)(1) and any amounts in the State and Local Implementation 
Fund that are not necessary to reimburse the general fund of 
the Treasury for such borrowed amounts shall be available to the 
Assistant Secretary to implement section 6302. 
(c) BORROWING AUTHORITY.— 
(1) IN
GENERAL.—Prior to the end of fiscal year 2022, 
the Assistant Secretary may borrow from the general fund 
of the Treasury such sums as may be necessary, but not to 
exceed $135,000,000, to implement section 6302. 
(2) 
REIMBURSEMENT.—The 
Assistant 
Secretary 
shall 
reimburse the general fund of the Treasury, without interest, 
for any amounts borrowed under paragraph (1) as funds are 
deposited into the State and Local Implementation Fund. 
(d) TRANSFER
OF
UNUSED
FUNDS.—If there is a balance 
remaining in the State and Local Implementation Fund on Sep-
tember 30, 2022, 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.
H. R. 3630—64 
SEC. 6302. STATE AND LOCAL IMPLEMENTATION. 
(a) ESTABLISHMENT
OF STATE
AND LOCAL IMPLEMENTATION 
GRANT PROGRAM.—The Assistant Secretary, in consultation with 
the First Responder Network Authority, shall take such action 
as is necessary to establish a grant program to make grants to 
States to assist State, regional, tribal, and local jurisdictions to 
identify, plan, and implement the most efficient and effective way 
for such jurisdictions to utilize and integrate the infrastructure, 
equipment, and other architecture associated with the nationwide 
public safety broadband network to satisfy the wireless communica-
tions and data services needs of that jurisdiction, including with 
regards to coverage, siting, and other needs. 
(b) 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, in consulta-
tion with the First Responder Network Authority. 
(2) WAIVER.—The Assistant Secretary may waive, in whole 
or in part, the requirements of paragraph (1) for good cause 
shown if the Assistant Secretary determines that such a waiver 
is in the public interest. 
(c) PROGRAMMATIC REQUIREMENTS.—Not later than 6 months 
after the date of enactment of this Act, the Assistant Secretary, 
in consultation with the First Responder Network Authority, shall 
establish requirements relating to the grant program to be carried 
out under this section, including the following: 
(1) Defining eligible costs for purposes of subsection (b)(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. 
(d) CERTIFICATION AND DESIGNATION OF OFFICER OR GOVERN-
MENTAL BODY.—In carrying out the grant program established 
under this section, the Assistant Secretary shall require each State 
to certify in its application for grant funds that the State has 
designated a single officer or governmental body to serve as the 
coordinator of implementation of the grant funds. 
(e) STATE NETWORK.— 
(1) NOTICE.—Upon the completion of the request for pro-
posal process conducted by the First Responder Network 
Authority for the construction, operation, maintenance, and 
improvement of the nationwide public safety broadband net-
work, the First Responder Network Authority shall provide 
to the Governor of each State, or his designee— 
(A) notice of the completion of the request for proposal 
process; 
(B) details of the proposed plan for buildout of the 
nationwide, interoperable broadband network in such 
State; and 
(C) the funding level for the State as determined by 
the NTIA. 
(2) STATE
DECISION.—Not later than 90 days after the 
date on which the Governor of a State receives notice under 
paragraph (1), the Governor shall choose whether to—
H. R. 3630—66 
(III) the ability to complete the project within 
specified comparable timelines specific to the 
State; 
(ii) the cost-effectiveness of the State plan sub-
mitted under subparagraph (C)(i); and 
(iii) comparable security, coverage, and quality of 
service to that of the nationwide public safety 
broadband network. 
(f) USER FEES.—If a State chooses to build its own radio access 
network, the State shall pay any user fees associated with State 
use of elements of the core network. 
(g) PROHIBITION.— 
(1) IN GENERAL.—A State that chooses to build its own 
radio access network shall not provide commercial service to 
consumers or offer wholesale leasing capacity of the network 
within the State except directly through public-private partner-
ships for construction, maintenance, operation, and improve-
ment of the network within the State. 
(2) RULE OF CONSTRUCTION.—Nothing in this subsection 
shall be construed to prohibit the State and a secondary user 
from entering into a covered leasing agreement. Any revenue 
gained by the State from such a leasing agreement shall be 
used only for constructing, maintaining, operating, or improving 
the radio access network of the State. 
(h) JUDICIAL REVIEW.— 
(1) IN GENERAL.—The United States District Court for the 
District of Columbia shall have exclusive jurisdiction to review 
a decision of the Commission made under subsection 
(e)(3)(C)(iv). 
(2) STANDARD OF REVIEW.—The court shall affirm the deci-
sion of the Commission unless— 
(A) the decision was procured by corruption, fraud, 
or undue means; 
(B) there was actual partiality or corruption in the 
Commission; or 
(C) the Commission was guilty of misconduct in 
refusing to hear evidence pertinent and material to the 
decision or of any other misbehavior by which the rights 
of any party have been prejudiced. 
SEC. 6303. PUBLIC SAFETY WIRELESS COMMUNICATIONS RESEARCH 
AND DEVELOPMENT. 
(a) NIST DIRECTED RESEARCH AND DEVELOPMENT PROGRAM.— 
From amounts made available from the Public Safety Trust Fund, 
the Director of NIST, in consultation with the Commission, the 
Secretary of Homeland Security, and the National Institute of Jus-
tice of the Department of Justice, as appropriate, shall conduct 
research and assist with the development of standards, technologies, 
and applications to advance wireless public safety communications. 
(b) REQUIRED ACTIVITIES.—In carrying out the requirement 
under subsection (a), the Director of NIST, in consultation with 
the First Responder Network Authority and the public safety 
advisory committee established under section 6205(a), shall— 
(1) document public safety wireless communications tech-
nical requirements;
H. R. 3630—67 
(2) accelerate the development of the capability for commu-
nications between currently deployed public safety narrowband 
systems and the nationwide public safety broadband network; 
(3) establish a research plan, and direct research, that 
addresses the wireless communications needs of public safety 
entities beyond what can be provided by the current generation 
of broadband technology; 
(4) accelerate the development of mission critical voice, 
including 
device-to-device 
‘‘talkaround’’ 
capability 
over 
broadband networks, public safety prioritization, authentication 
capabilities, and standard application programing interfaces 
for the nationwide public safety broadband network, if nec-
essary and practical; 
(5) accelerate the development of communications tech-
nology and equipment that can facilitate the eventual migration 
of public safety narrowband communications to the nationwide 
public safety broadband network; and 
(6) convene working groups of relevant government and 
commercial parties to achieve the requirements in paragraphs 
(1) through (5). 
Subtitle D—Spectrum Auction Authority 
SEC. 6401. DEADLINES FOR AUCTION OF CERTAIN SPECTRUM. 
(a) CLEARING CERTAIN FEDERAL SPECTRUM.— 
(1) IN GENERAL.—The President shall— 
(A) not later than 3 years after the date of the enact-
ment of this Act, begin the process of withdrawing or 
modifying the assignment to a Federal Government station 
of the electromagnetic spectrum described in paragraph 
(2); and 
(B) not later than 30 days after completing the with-
drawal or modification, notify the Commission that the 
withdrawal or modification is complete. 
(2) SPECTRUM DESCRIBED.—The electromagnetic spectrum 
described in this paragraph is the 15 megahertz of spectrum 
between 1675 megahertz and 1710 megahertz identified under 
paragraph (3). 
(3) IDENTIFICATION BY SECRETARY OF COMMERCE.—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 sec-
tion 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 
(B) through a system of competitive bidding under 
such section, grant new initial licenses for the use of such 
spectrum, subject to flexible-use service rules.
H. R. 3630—68 
(2) SPECTRUM DESCRIBED.—The spectrum described in this 
paragraph is the following: 
(A) The frequencies between 1915 megahertz and 1920 
megahertz. 
(B) The frequencies between 1995 megahertz and 2000 
megahertz. 
(C) The frequencies described in subsection (a)(2). 
(D) The frequencies between 2155 megahertz and 2180 
megahertz. 
(E) Fifteen megahertz of contiguous spectrum to be 
identified by the Commission. 
(3) PROCEEDS TO COVER 110 PERCENT OF FEDERAL RELOCA-
TION OR SHARING COSTS.—Nothing in paragraph (1) shall be 
construed to relieve the Commission from the requirements 
of section 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 the band of frequencies described in paragraph 
(2)(A) or the band of frequencies described in paragraph (2)(B) 
cannot be used without causing harmful interference to 
commercial mobile service licensees in the frequencies between 
1930 megahertz and 1995 megahertz, the Commission may 
not— 
(A) allocate such band for commercial use under para-
graph (1)(A); or 
(B) grant licenses under paragraph (1)(B) for the use 
of such band. 
(c) AUCTION PROCEEDS.—Section 309(j)(8) of the Communica-
tions 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 ‘‘subparagraph 
(E)(ii)’’ and inserting ‘‘subparagraphs (D)(ii), (E)(ii), (F), and 
(G)’’; 
(3) in subparagraph (D)— 
(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 provided in clause 
(ii), cash’’; and 
(C) by adding at the end the following: 
‘‘(ii) CERTAIN OTHER PROCEEDS.—Notwithstanding 
subparagraph (A) and except as provided in subpara-
graph (B), in the case of proceeds (including deposits 
and upfront payments from successful bidders) attrib-
utable to the auction of eligible frequencies described 
in paragraph (2) of section 113(g) of the National Tele-
communications 
and 
Information 
Administration 
Organization Act that are required to be auctioned 
by section 6401(b)(1)(B) of the Middle Class Tax Relief 
and Job Creation Act of 2012, such portion of such 
proceeds as is necessary to cover the relocation or 
sharing costs (as defined in paragraph (3) of such sec-
tion 113(g)) of Federal entities relocated from such 
eligible frequencies shall be deposited in the Spectrum 
Relocation Fund. The remainder of such proceeds shall
H. R. 3630—69 
be deposited in the Public Safety Trust Fund estab-
lished by section 6413(a)(1) of the Middle Class Tax 
Relief and Job Creation Act of 2012.’’; and 
(4) by adding at the end the following: 
‘‘(F) CERTAIN PROCEEDS DESIGNATED FOR PUBLIC SAFETY 
TRUST
FUND.—Notwithstanding subparagraph (A) and 
except as provided in subparagraphs (B) and (D)(ii), the 
proceeds (including deposits and upfront payments from 
successful bidders) from the use of a system of competitive 
bidding 
under 
this 
subsection 
pursuant 
to 
section 
6401(b)(1)(B) of the Middle Class Tax Relief and Job Cre-
ation Act of 2012 shall be deposited in the Public Safety 
Trust Fund established by section 6413(a)(1) of such Act.’’. 
SEC. 6402. GENERAL AUTHORITY FOR INCENTIVE AUCTIONS. 
Section 309(j)(8) of the Communications Act of 1934, as 
amended by section 6401(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 
voluntarily some or all of its licensed spectrum usage 
rights in order to permit the assignment of new initial 
licenses subject to flexible-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 success-
ful bidders) from the use of a competitive bidding 
system under this subsection. 
‘‘(ii) LIMITATIONS.—The Commission may not enter 
into an agreement for a licensee to relinquish spectrum 
usage rights in exchange for a share of auction proceeds 
under clause (i) unless— 
‘‘(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 licensees partici-
pate in the reverse auction. 
‘‘(iii) TREATMENT OF REVENUES.—Notwithstanding 
subparagraph (A) and except as provided in subpara-
graph (B), the proceeds (including deposits and upfront 
payments from successful bidders) from any auction, 
prior to the end of fiscal year 2022, of spectrum usage 
rights made available under clause (i) that are not 
shared with licensees under such clause shall be depos-
ited as follows: 
‘‘(I) $1,750,000,000 of the proceeds from the 
incentive auction of broadcast television spectrum 
required by section 6403 of the Middle Class Tax 
Relief and Job Creation Act of 2012 shall be depos-
ited in the TV Broadcaster Relocation Fund estab-
lished by subsection (d)(1) of such section. 
‘‘(II) All other proceeds shall be deposited—