Sec. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION ORDER 20-48

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## SEC. 1664 ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS COMMISSION ORDER 20-48 ###

(a)Limitation, Estimate, and Certification None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 or any subsequent fiscal year may be obligated or expended 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— ####

(1)submits to the congressional defense committees an estimate of the extent of covered costs and the range of eligible reimbursable costs associated with harmful interference resulting from such Order and Authorization to the Global Positioning System of the Department of Defense; and ####

(2)certifies to the congressional defense committees that the estimate submitted under paragraph

(1)is accurate with a high degree of certainty. ###

(b)Covered Costs For purposes of this section, covered costs include costs that would be incurred— ####

(1)to upgrade, repair, or replace potentially affected receivers of the Federal Government; ####

(2)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 ####

(3)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. ###

(c)Range of Eligible Reimbursable Costs For purposes of this section, the range of eligible reimbursable costs includes— ####

(1)costs associated with engineering, equipment, software, site acquisition, and construction; ####

(2)any transaction expense that the Secretary determines is legitimate and prudent; ####

(3)costs relating to term-limited Federal civil servant and contractor staff; and ####

(4)the costs of research, engineering studies, or other expenses the Secretary determines reasonably incurred. ###

(d)Distribution of Estimate As soon as practicable after submitting an estimate as described in paragraph

(1)of subsection

(a)and making the certification described in paragraph

(2)of such subsection, the Secretary shall make such estimate available to any licensee operating under the Order and Authorization described in such subsection. ###

(e)Authority of Secretary of Defense to Seek Recovery of Costs The Secretary may work directly with any licensee (or any future assignee, successor, or purchaser) affected by the Order and Authorization described in subsection

(a)to seek recovery of costs incurred by the Department as a result of the effect of such order and authorization. ###

(f)Reimbursement ####

(1)In general The Secretary shall establish and facilitate a process for any licensee (or any future assignee, successor, or purchaser) subject to the Order and Authorization described in subsection

(a)to provide reimbursement to the Department, only to the extent provided in appropriation Acts, for the covered costs and eligible reimbursable costs submitted and certified to the congressional defense committees under such subsection. ####

(2)Use of funds The Secretary shall use any funds received under this subsection, to the extent and in such amounts as are provided in advance in appropriation Acts, for covered costs described in subsection

(b)and the range of eligible reimbursable costs identified under subsection (a)(1). ####

(3)Report Not later than 90 days after the date on which the Secretary establishes the process required by paragraph (1), the Secretary shall submit to the congressional defense committees a report on such process. ## Subtitle F Other Matters