Sec. 1083. Estimate of damages from Federal Communications Commission Order 20–48
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/bill/116/s/4049/es/section-1083·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
None of the funds authorized to be appropriated by this Act for fiscal year 2021 may be used by the Secretary of Defense to comply with the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20–48) until the Secretary— submits to the congressional defense committees an estimate of the extent of covered costs and the range of eligible reimbursable costs associated with interference resulting from such order and authorization to the Global Positioning System of the Department of Defense; and certifies to the congressional defense committees that the estimate submitted under paragraph
(1)is accurate with a high degree of certainty. For purposes of this section, covered costs include costs that would be incurred— to upgrade, repair, or replace potentially affected receivers of the Federal Government; to modify, repair, or replace equipment, spares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations, including with regard to the underlying platform or system in which a capability of the Global Positioning System is embedded; and for personnel of the Department to engineer, validate, and verify that any required remediation provides the Department with the same operational capability for the affected system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to 1660.5 megahertz bands of electromagnetic spectrum. For purposes of this section, the range of eligible reimbursable costs includes— costs associated with engineering, equipment, software, site acquisition, and construction; any transaction expense that the Secretary determines is legitimate and prudent; costs relating to term-limited Federal civil servant and contractor staff; and the costs of research, engineering studies, or other expenses the Secretary determines reasonably incurred.