Sec. 411. Backup global positioning system
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Subtitle VIII of title 46, United States Code, is amended by adding at the end the following: Sec. 80701. Land-based complementary and backup positioning, navigation, and timing system. e LORAN Subject to the availability of appropriations, the Secretary shall provide for the establishment, sustainment, and operation of a reliable land-based enhanced LORAN, or eLORAN, positioning, navigation, and timing system. The purpose of the system established under subsection
(a)is to provide a complement to, and backup for, the Global Positioning System (in this section referred to as GPS ) to ensure the availability of uncorrupted and nondegraded positioning, navigation, and timing signals for military and civilian users in the event that GPS signals are corrupted, degraded, unreliable, or otherwise unavailable. The system established under subsection
(a)shall— be wireless; be terrestrial; provide wide-area coverage; transmit a precise, high-power 100 kilohertz signal and meet the one microsecond accuracy requirement specified in the Federal Radio Navigation Plan; be synchronized with coordinated universal time; be resilient and extremely difficult to disrupt or degrade; be able to penetrate underground and inside buildings; be capable of deployment to remote locations; take full advantage of the infrastructure of the existing, unused Coast Guard long-range navigation system (commonly known as LORAN–C ), and subject to the concurrence and agreement of other agencies, unused facilities associated with the Ground Wave Emergency Network and Nationwide Differential GPS systems; utilize and leverage the capabilities of the entity for development, building, and operation of the system; function in an interoperable and complementary manner with other similar positioning, navigation, and timing systems; be made available by the Secretary for use by other Federal agencies for public purposes at no cost; and incorporate such other requirements determined necessary by the Secretary with respect to such agencies. Under authority granted by section 93(a)(25) of title 14, United States Code, and not later than three months after the date of enactment of this section, the Secretary shall publish a request for proposals by non-Federal persons for the development, building, and operation of the system described in subsection (c). Proposals submitted under this subsection shall include, at a minimum— an eLORAN system architecture; and a timetable for the delivery of— a nationwide backup timing signal not later than two years after the last date on which proposals are accepted under the request published under paragraph (1); and a nationwide position and navigation signal not later than three years after such date. Using competitive procedures similar to those authorized under section 2667 of title 10, the Secretary may select a proposal from proposals received in response to the request for proposals under subsection (d). The Secretary may enter into a cooperative agreement (as that term is used in section 6305 of title 31) with an entity upon such terms as the Secretary determines will carry out the purpose of the system under subsection (b). An agreement under this subsection shall— require the Secretary to provide the entity— access to existing infrastructure and facilities described in subsection (c)(9) and provided as Government-furnished property (as that term is defined in section 45.101 of the Federal Acquisition Regulation, as in effect on the date of the enactment of the Coast Guard Authorization Act of 2017), for a minimum of 20 years; full use of the necessary electromagnetic spectrum wavelength associated with the LORAN-C system for use by the system required under subsection
(a)and provided as such Government-furnished property; and approval for the reconstruction of towers that are part of the infrastructure described in subsection (c)(9); specify that all necessary capital expenditures be made by the entity; set performance standards for the signals transmitted by the system; require the Secretary to monitor and ensure the signals transmitted by the system conform to the performance standards of the agreement and are safe for use; set the terms under which the Secretary has access to such signals; subject to any national security requirements established by the Secretary of Defense and so long as activities described in clauses
(i)and
(ii)of subsection
(B)do not interfere with the primary purpose of providing positioning, navigation, and timing services, allow the entity to— market, promote, and sell eLORAN positioning, navigation, and timing services to commercial and noncommercial third parties; and generate revenue from such sale to non-Federal third parties of communications and other related services that result from the use of Government facilities and spectrum provided under this paragraph; require the entity pay to the United States a portion of revenue received by the entity under subparagraph (F); require the entity to assume all financial risk for the completion and operational capability of the eLORAN system and may require a performance bond from the entity to guarantee that risk; require the entity to assist international organizations and foreign governments on issues related to eLORAN and similar systems; and include such other terms and conditions as the Secretary determines to be necessary to carry out the purposes of this section. The requirement under paragraph (2)(G) shall require the entity to pay to the United States an equitable share of the revenue generated by the entity under paragraph (2)(F), in the fiscal year following the fiscal year in which such revenue is generated. The amount of such payments shall take into account— the capital investment by the entity to build the system and annual costs incurred by the entity to operate and maintain the system; and the capital and operating expenses incurred by the entity to upgrade the eLORAN system and related systems over the effective period of the agreement. The requirement in paragraph (2)(H) shall be contingent upon, and take effect upon, the Secretary determining that the requirements under paragraph (2)(A) have been fulfilled. This section shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) for Federal Government facilities described in subsection (c)(9). Not later than one year after the date on which an agreement with an entity is entered into under subsection (f), and biennially thereafter, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate— a report on the performance and progress of the entity in fulfilling its obligations under the agreement to build, operate and maintain the system established under subsection (a); and an accounting of finances, expenses, and revenue associated with such performance, including payments made to the Secretary under section (f)(3). In this section: The term entity means a non-Federal entity whose proposal is selected under subsection (e). The term Secretary means the Secretary of Transportation, acting through the Commandant of the Coast Guard. . The analysis for subtitle VIII of title 46, United States Code, is amended by adding after the item relating to chapter 805 the following: 807. Position, navigation, and timing 80701. . Not later than 180 days after the date of the enactment of this Act, the Secretary, as that term is defined in the amendments made by this section, shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a plan to ensure that the system required under such amendments is fully operational by not later than 3 years after such date of enactment.
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Sec. 411
Backup global positioning system
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