2018 Consolidated Appropriations Act, H.R. 1625

Read about H.R.1625’s sordid path through Congress: actions | text | pdf

  • Link to 3/22/18: House OKs 1.3 Trillion Dollar Spending Bill
  • Link to 3/23/18: Last Minute Amendments to HR.1625
  • Link to 3/23/18: Unbelievable — no one had time to read HR.1625 before voting it through

Summary

H.R. 1625 Consolidated Appropriation Act, was signed on March 23, 2018, becoming Public Law No. 115-141.

H.R. 1625’s Division P is "Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018" ("Ray Baum Act") .

Division P’s TITLE V amends the Inspector General Act of 1978 so that the Office of Inspector General is abolished within the FCC. The Inspector General of each agency conducts audits and investigations, prevents and detecs fraud and abuse, and informs Congress about problems and deficiencies within an agency. The FCC will henceforth operate without such oversight.

Division P’s TITLE VI is the MOBILE NOW ACT — "Making Opportunities for Broadband Investment and Limiting Excessive and Needless Obstacles to Wireless Act’’.

  • The Commission shall identify at least 255 GHz of spectrum for wireless broadband use by the end of 2022.

  • The Commission shall initiate a rulemaking for allocation of the spectrum between 42,000 MHz and 42,500 MHz by 2020 for mobile operations.

  • The Commission shall issue a report on the feasibility of allocating 3100 to 3550 MHz for commercial wireless services within 2 years (by 2020).

  • The Commission shall issue a report on the feasibility of allocating 3700 to 4200 MHz for commercial wireless services within 18 months (by 2019).

  • Applications for wireless facilities on federal property must be approved or denied with 270 days.

  • The Administrator of General Services shall develop a master contract or contracts governing wireless facilities on federal property.

  • Broadband facility applications on federal property shall be streamlined within two years.

  • States that receive federal funding for highway projects must appoint a broadband utility coordinator who is responsible for facilitiating the placement of broadband infrastructure in the public rights-of-way.

  • Section 617: "It is the policy of the United States … (2) to advance innovation and investment in wireless broadband services."

3/23/18 US Senate Commerce Committee Press Release

Link to President Signs MOBILE NOW Act, Other Key Technology Bills into Law

WASHINGTON, 5/23/18 – U.S. Sen. John Thune (R-S.D.), chairman of the Committee on Commerce, Science, and Transportation, today issued the following statement after President Donald Trump signed the omnibus bill that includes several committee proposals. Among the proposals that were included in the bipartisan budget bill are the MOBILE NOW Act, and FAA reauthorization through September 30, 2018.

Senator John Thune (R-SD):

“MOBILE NOW is a down payment on next-generation communications. By ensuring spectrum is available for new technologies, including 5G, and making it easier to deploy the networks that will deliver better, faster internet to rural areas and across the country, MOBILE NOW helps secure America’s leadership in the future of communications technology."

Ten Bills That Were Signed into Law on 3/23/18: Public Law No. 115-141 (sorted by Bill Number):

  1. S.19MOBILE NOW Act [ congress.gov | S4WT ] (Sens. Thune and Nelson) – Boosts the development of next-generation gigabit wireless broadband services, including 5G, by ensuring more spectrum is identified for private sector use and by reducing the red tape associated with building broadband networks. It requires that 255 megahertz of spectrum be identified for fixed and mobile wireless broadband use by 2022 – at least 100 megahertz for unlicensed use and at least 100 megahertz for licensed use. Further, it identifies mid-band and high-band spectrum to be studied for possible commercial use
  2. S.102Securing Access to Networks in Disasters Act of 2017 [ congress.gov | S4WT ] (Sen. Cantwell) – Helps speed the recovery of communications infrastructure after natural disasters, and directs the Federal government to study additional ways to make sure that existing infrastructure can survive during those disasters.
  3. S.134Spoofing Prevention Act [ congress.gov | S4WT ] (Sens. Nelson and Fischer) – Gives the FCC and law enforcement additional authority to stop fraudulent telephone calls from persons using false caller identification information. Also provides consumers with new tools and information to identify and prevent these illegal scam calls, and directs GAO to conduct a study on new technologies to stop these calls.
  4. S.174Federal Communications Commission Consolidated Reporting Act of 2017 [ congress.gov | S4WT ] (Sens. Heller and Schatz) – Consolidates FCC reports on voice, video, and data delivery while repealing outdated reports that are no longer necessary.
  5. S.1261 (114th Congress) – Wireless Telecommunications Tax and Fee Collection Fairness Act [ congress.gov | S4WT ] (Sens. Manchin and Moran) – Harmonizes state laws regarding what entity is responsible for collecting and remitting certain types of taxes and fees assessed on wireless services.
  6. S.1621Rural Wireless Access Act of 2017 [ congress.gov | S4WT ] (Sens. Wicker and Manchin) – Requires the FCC to standardize its wireless coverage data. With better coverage data, the FCC can ensure that funds provided for expanding rural broadband infrastructure are equitably applied between rural and urban areas.
  7. S.1632Viewer and Listener Protection Act [ congress.gov | S4WT ] (Sens. Moran and Schatz) –Makes available additional funds to TV stations that are moving channels as a result of the “repack” necessitated by the incentive auction. It also dedicates federal support to alleviate costs borne by radio stations as a result of the repack.
  8. S.2210FCC Chief Information Officer Parity Act [ congress.gov | S4WT ] (Sens. Moran and Udall) – Gives the FCC’s Chief Information Officer authority to participate in decisions regarding the Commission’s planning on information technology.
  9. S.2319 (114th Congress) – Spectrum Auction Deposits [ congress.gov | S4WT ] (Sen. Thune) – Chairman Thune first introduced legislation in 2015 to address a technical problem identified by the FCC preventing it from receiving upfront payments from bidders in spectrum auctions and depositing them into the U.S. Treasury. These upfront payments will allow the FCC to confirm a bidder’s ability to follow through on their commitments, an essential step to managing federal auctions in a fiscally responsible manner.
  10. S.2644 (114th Congress) – FCC Reauthorization Act of 2016 [ congress.gov | S4WT ] (Sens. Thune and Nelson) – This legislation contained many provisions that were ultimately included in the agreement reached today to reauthorize the FCC for the first time in 28 years. Many of these provisions were championed by members of the Senate Commerce Committee

H.R. 1625’s Table of Contents

SECTION 1. SHORT TITLE.

This Act may be cited as the "Consolidated Appropriations Act, 2018".

SEC. 2. TABLE OF CONTENTS.

  • Sec. 1. Short title.
  • Sec. 2. Table of contents.
  • Sec. 3. References.
  • Sec. 4. Explanatory statement.
  • Sec. 5. Statement of appropriations.
  • Sec. 6. Availability of funds.
  • Sec. 7. Adjustments to compensation.
DIVISION A — AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Agricultural Programs
  • Title II — Farm Production and Conservation Programs
  • Title III — Rural Development Programs
  • Title IV — Domestic Food Programs
  • Title V — Foreign Assistance and Related Programs
  • Title VI — Related Agencies and Food and Drug Administration
  • Title VII — General Provisions
DIVISION B — COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Department of Commerce
  • Title II — Department of Justice
  • Title III — Science
  • Title IV — Related Agencies
  • Title V — General Provisions
DIVISION C — DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2018
  • Title I — Military Personnel
  • Title II — Operation and Maintenance
  • Title III — Procurement
  • Title IV — Research, Development, Test and Evaluation
  • Title V — Revolving and Management Funds
  • Title VI — Other Department of Defense Programs
  • Title VII — Related Agencies
  • Title VIII — General Provisions
  • Title IX — Overseas Contingency Operations
DIVISION D — ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Corps of Engineers — Civil
  • Title II — Department of the Interior
  • Title III — Department of Energy
  • Title IV — Independent Agencies
  • Title V — General Provisions
DIVISION E — FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2018
  • Title I — Department of the Treasury
  • Title II — Executive Office of the President and Funds Appropriated to the President
  • Title III — The Judiciary
  • Title IV — District of Columbia
  • Title V — Independent Agencies
  • Title VI — General Provisions — This Act
  • Title VII — General Provisions — Government-wide
  • Title VIII — General Provisions — District of Columbia
DIVISION F — DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2018
  • Title I — Departmental Management, Operations, Intelligence, and Oversight
  • Title II — Security, Enforcement, and Investigations
  • Title III — Protection, Preparedness, Response, and Recovery
  • Title IV — Research, Development, Training, and Services
  • Title V — General Provisions
DIVISION G — DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Department of the Interior
  • Title II — Environmental Protection Agency
  • Title III — Related Agencies
  • Title IV — General Provisions
DIVISION H — DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Department of Labor
  • Title II — Department of Health and Human Services
  • Title III — Department of Education
  • Title IV — Related Agencies
  • Title V — General Provisions
DIVISION I — LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2018
  • Title I — Legislative Branch
  • Title II — General Provisions
DIVISION J — MILITARY CONSTRUCTION, VETERANS AFFAIRS, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Department of Defense
  • Title II — Department of Veterans Affairs
  • Title III — Related Agencies
  • Title IV — Overseas Contingency Operations
  • Title V — General Provisions
DIVISION K — DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2018
  • Title I — Department of State and Related Agency
  • Title II — United States Agency for International Development
  • Title III — Bilateral Economic Assistance
  • Title IV — International Security Assistance
  • Title V — Multilateral Assistance
  • Title VI — Export and Investment Assistance
  • Title VII — General Provisions
  • Title VIII — Overseas Contingency Operations/Global War on Terrorism
DIVISION L — TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2018
  • Title I — Department of Transportation
  • Title II — Department of Housing and Urban Development
  • Title III — Related Agencies
  • Title IV — General Provisions
DIVISION M — EXTENSIONS
  • Title I — Airport and Airway Extension
  • Title II — Immigration Extensions
  • Title III — National Flood Insurance Program Extension
  • Title IV — Pesticide Registration Improvement Act Extension
  • Title V — Generalized System of Preferences
  • Title VI — Judicial Redaction Authority Extension
  • Title VII — Budgetary Effects
DIVISION N — BUILD ACT
DIVISION O — WILDFIRE SUPPRESSION FUNDING AND FOREST MANAGEMENT ACTIVITIES ACT
DIVISION P — RAY BAUM’S ACT OF 2018

Starting on page 1884 of the bill . . .

SEC. 1. SHORT TITLE; TABLE OF CONTENTS.

(a) SHORT TITLE. — This division may be cited as the "Repack Airwaves Yielding Better Access for Users of Modern Services Act of 2018" or the "RAY BAUM’S Act of 2018".

(b) TABLE OF CONTENTS. — The table of contents for this division is as follows:

  • Sec. 1. Short title; table of contents.
  • Sec. 2. Commission defined.

TITLE I — FCC REAUTHORIZATION

  • Sec. 101. Authorization of appropriations.
  • Sec. 102. Application and regulatory fees.
  • Sec. 103. Effective date.

TITLE II — APPLICATION OF ANTIDEFICIENCY ACT

  • Sec. 201. Application of Antideficiency Act to Universal Service Program.

TITLE III — SECURING ACCESS TO NETWORKS IN DISASTERS

  • Sec. 301. Study on network resiliency.
  • Sec. 302. Access to essential service providers during federally declared emer-
  • gencies.
  • Sec. 303. Definitions.

TITLE IV — FCC CONSOLIDATED REPORTING

  • Sec. 401. Communications marketplace report.
  • Sec. 402. Consolidation of redundant reports; conforming amendments.
  • Sec. 403. Effect on authority.
  • Sec. 404. Other reports.

TITLE V — ADDITIONAL PROVISIONS

  • Sec. 501. Independent Inspector General for FCC.
  • Sec. 502. Authority of Chief Information Officer.
  • Sec. 503. Spoofing prevention.
  • Sec. 504. Report on promoting broadband Internet access service for veterans.
  • Sec. 505. Methodology for collection of mobile service coverage data.
  • Sec. 506. Accuracy of dispatchable location for 9–1–1 calls.
  • Sec. 507. NTIA study on interagency process following cybersecurity incidents.
  • Sec. 508. Tribal digital access.
  • Sec. 509. Terms of office and vacancies.
  • Sec. 510. Joint board recommendation.
  • Sec. 511. Disclaimer for press releases regarding notices of apparent liability.
  • Sec. 512. Reports related to spectrum auctions.

TITLE VI — MOBILE NOW

  • Sec. 601. Short title.
  • Sec. 602. Definitions.
  • Sec. 603. Identifying 255 megahertz.
  • Sec. 604. Millimeter wave spectrum.
  • Sec. 605. 3 gigahertz spectrum.
  • Sec. 606. Communications facilities deployment on Federal property.
  • Sec. 607. Broadband infrastructure deployment.
  • Sec. 608. Communications facilities installation.
  • Sec. 609. Reallocation incentives.
  • Sec. 610. Bidirectional sharing study.
  • Sec. 611. Unlicensed services in guard bands.
  • Sec. 612. Pre-auction funding.
  • Sec. 613. Immediate transfer of funds.
  • Sec. 614. Amendments to the Spectrum Pipeline Act of 2015.
  • Sec. 615. GAO assessment of unlicensed spectrum and Wi-Fi use in low-income neighborhoods.
  • Sec. 616. Rulemaking related to partitioning or disaggregating licenses.
  • Sec. 617. Unlicensed spectrum policy.
  • Sec. 618. National plan for unlicensed spectrum.
  • Sec. 619. Spectrum challenge prize.
  • Sec. 620. Wireless telecommunications tax and fee collection fairness.
  • Sec. 621. Rules of construction.
  • Sec. 622. Relationship to Middle Class Tax Relief and Job Creation Act of 2012.
  • Sec. 623. No additional funds authorized.
DIVISION Q — KEVIN AND AVONTE’S LAW
DIVISION R — TARGET ACT
DIVISION S — OTHER MATTER
  • Title I — Child Protection Improvements Act
  • Title II — Save America’s Pastime Act
  • Title III — Keep Young Athletes Safe Act
  • Title IV — Consent of Congress to Amendments to the Constitution of the State
  • of Arizona
  • Title V — Stop School Violence Act
  • Title VI — Fix NICS Act
  • Title VII — State Sexual Risk Avoidance Education Program
  • Title VIII — Small Business Credit Availability Act
  • Title IX — Small Business Access to Capital After a Natural Disaster Act
  • Title X — Taylor Force Act
  • Title XI — FARM Act
  • Title XII — Tipped Employees
  • Title XIII — Revisions to Pass-Through Period and Payment Rules
DIVISION T — REVENUE PROVISIONS
DIVISION U — TAX TECHNICAL CORRECTIONS
DIVISION V — CLOUD ACT

Starting on page 2201 of the bill . . .

SEC. 101. SHORT TITLE.

This division may be cited as the "Clarifying Lawful Overseas Use of Data Act" or the "CLOUD Act".

SEC. 102. CONGRESSIONAL FINDINGS.

Congress finds the following:

(1) Timely access to electronic data held by communications-service providers is an essential component of government efforts to protect public safety and combat serious crime, including terrorism.

(2) Such efforts by the United States Government are being impeded by the inability to access data stored outside the United States that is in the custody, control, or possession of communications-service providers that are subject to jurisdiction of the United States.

(3) Foreign governments also increasingly seek access to electronic data held by communications-service providers in the United States for the purpose of combating serious crime.

(4) Communications-service providers face potential conflicting legal obligations when a foreign government orders production of electronic data that United States law may prohibit providers from disclosing. . . [and so on]

SEC. 103. PRESERVATION OF RECORDS; COMITY ANALYSIS OF LEGAL PROCESS.

SEC. 104. ADDITIONAL AMENDMENTS TO CURRENT COMMUNICATIONS LAWS.

SEC. 105. EXECUTIVE AGREEMENTS ON ACCESS TO DATA BY FOREIGN GOVERNMENTS.