[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2630 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 2630

    To reauthorize the National Telecommunications and Information 
                Administration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 1999

  Mr. Tauzin introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
    To reauthorize the National Telecommunications and Information 
                Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``NTIA Reauthorization Act of 1999''.

SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.

    Section 151 of the National Telecommunications and Information 
Administration Organization Act (Public Law 102-538; 106 Stat. 3540 (as 
redesignated by section 6001(a)(2) of Public Law 103-66)) is amended to 
read as follows:

``SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.

    ``There are authorized to be appropriated for the administration 
and necessary expenses of the NTIA $10,940,000 for each of fiscal years 
2000 and 2001.''.

SEC. 3. PAYMENT FOR SPECTRUM MANAGEMENT FUNCTIONS.

    Section 104 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 903) is amended by adding at 
the end the following new subsection:
    ``(f) Reimbursement From Federal Agencies.--
            ``(1) In general.--The NTIA may not assign any spectrum for 
        use for, or provide any spectrum management functions with 
        respect to, any Federal agency, except to the extent that the 
        NTIA obtains reimbursement for the costs of such activities, as 
        provided in this subsection.
            ``(2) Fees for costs.--Notwithstanding section 1535(d) of 
        title 31, United States Code, the NTIA shall assess against, 
        and collect from, each Federal agency for which the NTIA 
        assigns spectrum or provides any spectrum management functions 
        a charge to cover the costs to the NTIA of carrying out the 
        spectrum functions performed.
            ``(3) Amount of fees.--Effective upon October 1, 2001, the 
        fee charged under paragraph (2) to a Federal agency for 
        performance of a spectrum function shall be the amount 
        necessary to cover all costs to the NTIA of carrying out such 
        function.
            ``(4) Annual report requirement.--For fiscal year 2000 and 
        each fiscal year thereafter, the NTIA shall submit to the 
        Congress not later than March 1 of such fiscal year a report 
        itemizing, for the preceding fiscal year, the fees collected 
        pursuant to this subsection.''.

SEC. 4. PRIVATIZATION OF LABORATORIES.

    Part C of the National Telecommunications and Information 
Administration Organization Act is amended by adding at the end the 
following new section:

``SEC. 156. PRIVATIZATION OF CERTAIN LABORATORIES.

    ``(a) Determination of Value.--Not later than 180 days after the 
date of the enactment of the NTIA Reauthorization Act of 1999, the 
Comptroller General of the United States shall conduct and conclude an 
assessment of the facilities of the Institute for Telecommunication 
Sciences of the NTIA located in Boulder, Colorado, for the purpose of 
determining the fair market value of such facilities and submit a 
report to the Congress regarding the results of the determination.
    ``(b) Factors.--The determination of fair market value pursuant to 
subsection (a) shall be based upon the fair market value of other 
comparable laboratories and facilities (including federally owned, 
other publicly owned, and privately owned facilities), as determined by 
the Comptroller General, in consultation with appropriate 
representatives of the telecommunications industry and appropriate 
Federal agencies.
    ``(c) Determination of Interest.--Upon the expiration of the 180-
day period that begins upon the submission of the report to the 
Congress under subsection (a), the Secretary shall cause to be 
published in the Federal Register a notice designed to solicit 
expressions of interest in the purchase of the laboratories identified 
in subsection (a).''.

SEC. 5. LONG-TERM EFFICIENCY.

    Part C of the National Telecommunications and Information 
Administration Organization Act, as amended by section 4 of this Act, 
is further amended by adding at the end the following new section:

``SEC. 157. LONG-TERM EFFICIENCY.

    ``(a) GAO Review of Functions.--Not later than 6 months after the 
date of the enactment of the NTIA Reauthorization Act of 1999, the 
Comptroller General of the United States shall conduct a study of the 
NTIA for the following purposes:
            ``(1) To review the efficiency of the NTIA in carrying out 
        the functions assigned to the NTIA.
            ``(2) To determine whether the functions actually being 
        carried out by the NTIA comply with the mission and 
        responsibilities of the NTIA under law.
Not later than such date, the Comptroller General shall submit to the 
Congress and to the NTIA a report setting forth the results of the 
study under this subsection and containing recommendations regarding 
how the NTIA can improve the efficiency of its performance and its 
responsiveness to its mission and responsibilities under law.
    ``(b) Inspector General Performance Report.--Not later than 6 
months after the date of the enactment of the NTIA Reauthorization Act 
of 1999, the Inspector General for the Department of Commerce shall 
conduct an audit or evaluations of the performance of the NTIA in 
conducting each of its functions, programs, and operations and shall 
submit a report to the Congress and the NTIA setting forth the results 
of the audit or evaluations and containing recommendations for 
improving such performance of the NTIA.
    ``(c) Plan for Modernization.--
            ``(1) Plan required.--Within 12 months after the date of 
        the enactment of the NTIA Reauthorization Act of 1999 the NTIA 
        shall review the reports submitted pursuant to subsections (a) 
        and (b) and, taking into consideration the information and 
        recommendations in such reports, submit to the Congress a 
        plan--
                    ``(A) to adjust the allocation of NTIA personnel;
                    ``(B) to propose the automation or privatization of 
                routine functions of the NTIA;
                    ``(C) to propose the termination of functions of 
                the NTIA that are no longer necessary to the protection 
                of the public interest;
                    ``(D) to reduce the levels of the NTIA's expenses 
                for management and overhead; and
                    ``(E) to prepare the NTIA for rapid response to 
                changes in technologies and markets.
            ``(2) Contents.--The plan required by this subsection shall 
        include--
                    ``(A) detailed projections of financial and 
                personnel requirements of the NTIA over the 5 
                succeeding fiscal years;
                    ``(B) the savings expected from automating and 
                privatizing routine functions of the NTIA and from 
                terminating unnecessary functions, and deadlines by 
                which such automation, privatization, and termination 
                will be attained;
                    ``(C) the appropriate level of funding for 
                management and overhead expenses of the NTIA;
                    ``(D) for each element in the plan, a statement of 
                whether the approach adopted in the plan regarding that 
                element conforms with or differs from any 
                recommendations contained in the reports submitted 
                under subsections (a) and (b) and, if there is a 
                difference, a specific justification for the approach 
                adopted in the plan; and
                    ``(E) any additional authority or statutory changes 
                required to achieve the plan or carry out the purposes 
                of this section.''.

SEC. 6. ASSESSMENT OF ELECTROMAGNETIC RADIO FREQUENCY SPECTRUM 
              REALLOCATION.

    Part C of the National Telecommunications and Information 
Administration Organization Act, as amended by the preceding provisions 
of this Act, is further amended by adding at the end the following new 
section:

``SEC. 158. ASSESSMENT OF ELECTROMAGNETIC RADIO FREQUENCY SPECTRUM 
              REALLOCATION.

    ``(a) Review and Assessment.--
            ``(1) Requirement.--The Secretary of Commerce, acting 
        through the Assistant Secretary and in coordination with the 
        Chairman of the Commission, shall convene an interagency review 
        and assessment of--
                    ``(A) the progress made in implementation of 
                national spectrum planning;
                    ``(B) the reallocation of Federal Government 
                spectrum to non-Federal use, in accordance with the 
                provisions of, and the amendments made by, title VI of 
                the Omnibus Budget Reconciliation Act of 1993 (Public 
                Law 103-66; 107 Stat. 379) and title III of the 
                Balanced Budget Act of 1997 (Public Law 105-33; 111 
                Stat. 258); and
                    ``(C) the implications for such reallocations to 
                the affected Federal agencies.
            ``(2) Particular subjects.--In conducting the review and 
        assessment under this paragraph, particular attention shall be 
        given to--
                    ``(A) the effect on and implications for critical 
                military and intelligence systems, civil space 
                programs, and other Federal Government systems used to 
                protect public safety, of spectrum reallocated for non-
                Federal use; and
                    ``(B) the anticipated impact on critical military 
                and intelligence systems, future military and 
                intelligence operational requirements, national defense 
                modernization programs, civil space programs, and other 
                Federal Government systems used to protect public 
                safety, of the reallocated spectrum described in 
                subsection (a)(1)(B).
            ``(3) Coordination.--The assessment under this paragraph 
        shall be conducted in coordination with affected Federal 
        agencies through the Interdepartmental Radio Advisory 
        Committee.
            ``(4) Cooperation and assistance.--Each Federal agency 
        affected by the review and assessment under this paragraph 
        shall cooperate with the Assistant Secretary in the conduct of 
        the review and assessment and shall provide the Assistant 
        Secretary such information, support, and assistance, to the 
        extent not inconsistent with other provisions of law, as the 
        Assistant Secretary considers necessary in the performance of 
        the review and assessment.
    ``(b) Report.--Not later than October 1, 2000, the Secretary of 
Commerce, in coordination with the heads of the affected Federal 
agencies and the Chairman of the Commission, shall submit a report to 
the President and the Congress providing the results of the review and 
assessment required under subsection (a).''.

SEC. 7. AUTHORITY TO SUBMIT CONSOLIDATED REPORTS.

    Section 105 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 904) is amended by adding at 
the end the following new subsection:
    ``(f) Consolidation of Reports.--The Assistant Secretary may comply 
with any provisions of this Act, and any other provision of law, that 
require the submission of reports by the Assistant Secretary to the 
same entity by consolidating such reports into a single submission to 
such entity, except to the extent that such consolidation would delay 
the submission of any report.''.

SEC. 8. TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE ASSISTANCE 
              PROGRAM.

    The National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 901 et seq.) is amended--
            (1) by redesignating part C (as amended by the preceding 
        provisions of this Act) as part D; and
            (2) by inserting after part B the following new part:

``PART C--TELECOMMUNICATIONS AND INFORMATION INFRASTRUCTURE ASSISTANCE 
                                PROGRAM

``SEC. 131. GRANT AUTHORITY.

    ``(a) In General.--In accordance with the requirements of this 
part, the Secretary may make grants only to eligible entities (as such 
term is defined in section 134(a)) to assist the development of a 
national telecommunications and information infrastructure.
    ``(b) Project Objectives.--The Secretary shall not make a grant 
under this part unless the Secretary determines that the grant amounts 
will be used for a project that promotes one or more of the following 
objectives:
            ``(1) To expand or otherwise augment telecommunications 
        networks or information technology systems for health care 
        providers, educational institutions, research facilities, 
        libraries, museums, State and local governments, and other 
        social service and public information providers.
            ``(2) To enhance the ability, through interconnection, of 
        health care providers, educational institutions, research 
        facilities, libraries, museums, State and local governments, 
        and other social service and public information providers to 
        have access to existing and new sources of information.
            ``(3) To make universally available and to utilize an 
        advanced telecommunications and information infrastructure, 
        especially for traditionally underserved populations.
            ``(4) To demonstrate and improve the efficiency and 
        effectiveness of the delivery of social services, such as 
        education and health care, to the American people.

``SEC. 132. GRANT REQUIREMENTS.

    ``(a) Use.--Any eligible entity receiving a grant under this part 
shall use any facility, system, or network obtained with such grant 
amounts primarily to achieve the objectives under section 131(b) that 
are identified in the application for the grant and shall comply with 
the regulations of the Secretary regarding the resale of any capacity 
of such facility, system, or network, which shall be issued by the 
Secretary pursuant to section 137 and shall prevent an eligible entity 
receiving a grant from using commercial resale of excess capacity to 
compete unfairly with providers of telecommunications services.
    ``(b) Amount.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        amount of grant under this part may not exceed 50 percent of 
        the amount determined by the Secretary to be the reasonable and 
        necessary cost of the project to be carried out using the grant 
        amounts.
            ``(2) Extraordinary circumstances.--If the Secretary 
        determines that extraordinary circumstances warrant a grant in 
        excess of the amount provided under paragraph (1), the amount 
        of a grant may exceed such amount but may not, in any case, 
        exceed 75 percent of the cost referred to in paragraph (1).

``SEC. 133. PROHIBITED USES.

    ``Amounts made available to carry out this part shall be used only 
for the purposes expressly provided in this part and may not be used 
under any other provision of law (including under any direct or 
derivative authority under section 392 of the Communications Act of 
1934 (47 U.S.C. 392)) for purposes related to the purposes of this 
part.

``SEC. 134. ELIGIBLE ENTITIES AND APPLICATIONS.

    ``(a) Eligible Entities.--For purposes of this part, the term 
`eligible entity' means--
            ``(1) a nonprofit foundation, corporation, institution, or 
        association;
            ``(2) a State or local government (or any agency thereof), 
        or a political or special purpose subdivision of a State or 
        local government; or
            ``(3) an enterprise owned and operated by a State or local 
        government entity.
    ``(b) Applications for Grants.--To be eligible to receive a grant 
under this part, an eligible entity shall submit to the Secretary an 
application containing such information with respect to the eligible 
entity submitting the application and the project to be carried out 
using grant amounts as the Secretary considers necessary to ensure that 
grant amounts are used in accordance with this part.
    ``(c) Criteria.--The Secretary may make a grant under this section 
with respect to an application only if the Secretary determines that--
            ``(1) the applicant has the technical, administrative, and 
        financial capability to obtain, operate, and maintain the 
        facilities, systems, or networks involved in the project 
        proposed in the application;
            ``(2) the applicant has chosen an efficient and economical 
        means to achieve its communications or information needs, and 
has not failed to utilize commercially available network services to 
meet such needs to the extent such commercial services meet the needs 
of the applicant in the most efficient and economical manner;
            ``(3) the applicant has participated in comprehensive 
        planning for such facilities, systems, or networks and such 
        planning has included an evaluation of alternative technologies 
        and coordination with appropriate State agencies, as needed;
            ``(4) the services provided by the facilities, systems, or 
        networks involved in the project do not and will not compete 
        with services provided by a private entity;
            ``(5) the applicant has made a good faith effort to 
        identify and obtain Federal financial assistance other than 
        assistance under this part for carrying out the applicant's 
        project and was unable to obtain such other assistance; and
            ``(6) the applicant is not eligible, or is not likely to be 
        eligible, to obtain such other Federal financial assistance for 
        carrying out the applicant's project.
    ``(d) Selection of Applications.--
            ``(1) Procedure.--The Secretary shall issue regulations 
        pursuant to section 137 establishing procedures and criteria 
        for selecting applications for grants under this part. The 
        regulations shall--
                    ``(A) set forth specific objective, merit-based 
                criteria for ranking applications, which shall--
                            ``(i) include any priorities to be used in 
                        selecting applications for grants; and
                            ``(ii) provide a preference for grants for 
                        projects that increase utilization and 
                        efficiency of existing telecommunications and 
                        information facilities;
                    ``(B) provide that applications shall be selected 
                for grants under this part pursuant to a competition 
                based upon the rankings resulting from applying the 
                criteria established pursuant to subparagraph (A);
                    ``(C) provide a method for determining the amount 
                of grants for selected applications.
            ``(2) Limitation.--No decision or determination regarding 
        whether to provide a grant under this part may be based, in 
        whole or in part, upon the membership or affiliation with any 
        political party of the applicant for or prospective recipient 
        of amounts under the grant.
            ``(3) Notice of adjustments.--
                    ``(A) In general.--Upon any determination or action 
                of the Assistant Secretary or any other official or 
                staff of the NTIA that results in the status of an 
                application for a grant under this part changing from 
                not selected, or not eligible for selection, for a 
                grant to selected, or eligible for selection, for a 
                grant, the Assistant Secretary shall provide a written 
                notice and description to the Inspector General of the 
                Department of Commerce explaining the justification for 
                the determination or action.
                    ``(B) Actions.--A determination or action of the 
                Assistant Secretary or other official or staff of the 
                NTIA referred to in subparagraph (A) includes--
                            ``(i) any award, assignment, change to, or 
                        adjustment of points, score, or other ranking 
                        under the criteria established pursuant to 
                        paragraph (1)(A), whether preliminary or final; 
                        and
                            ``(ii) any other determination or 
                        reconsideration of any such criteria, of waiver 
                        or inapplicability of such criteria, or of 
                        selection for a grant, whether preliminary or 
                        final.
                    ``(C) Status.--For purposes of subparagraph (A), 
                the term `status' includes any status that has been 
                assigned or determined, whether preliminary or final.
    ``(e) Special Consideration.--In establishing criteria for grants 
pursuant to this part, and in establishing procedures and criteria 
under subsection (d)(1)(A)(1) regarding priorities in approving and 
selecting applications for grants, the Secretary shall give special 
consideration to applications that will avoid unnecessary duplication 
of existing facilities and services.

``SEC. 135. ADMINISTRATIVE PROVISIONS.

    ``(a) Administrative Expenses.--Of any amounts appropriated to 
carry out this part, the Secretary may use not more than 2 percent for 
direct and indirect costs of the Secretary in administering the 
provisions of this part, including monitoring under subsection (g) of 
this section, evaluating the effectiveness of the program and projects 
funded pursuant to this part, and for other related activities of the 
Secretary.
    ``(b) Recovery of Funds for Project Violations.--The Assistant 
Secretary may recover, from the applicant who received a grant under 
this part or from the other owner of a facility, system, or network 
assisted under the grant project, the full amount of assistance 
provided from the grant amounts for such facility, system, or network, 
if the Assistant Secretary determines on the record after opportunity 
for a hearing that, within 5 years after completion of the project--
            ``(1) the applicant or other owner of the facility, system, 
        or network ceases to be an eligible entity;
            ``(2) such facility, system, or network ceases to be used 
        primarily for the intended purposes of the grant project; or
            ``(3) the services provided by such facility, system, or 
        network are subject to competition from similar services 
        provided by private entities.
    ``(c) Recovery of Funds for Grant Violations.--Except to the extent 
amounts are recovered under subsection (b), if the Assistant Secretary 
determines on the record after opportunity for a hearing that an 
applicant who received a grant under this part has failed to comply 
with any provision of this part, any regulation issued under this part, 
or any provision of a grant agreement providing for such grant, the 
Assistant Secretary shall require the applicant to repay to the 
Secretary an amount equal to--
            ``(1) in the case of an unintentional failure to comply, 10 
        percent of the amount of the grant to which such failure 
        applies; and
            ``(2) in the case of an intentional failure to comply, the 
        full amount of the grant to which such failure applies.
    ``(d) Recordkeeping Requirements.--The Secretary shall require that 
each recipient of assistance under this part shall keep such records as 
may be reasonably necessary to enable the Secretary to carry out the 
functions of the Secretary under this part, including--
            ``(1) a complete and itemized inventory of all 
        telecommunications and information facilities, systems, or 
        networks under the control of such recipient funded with funds 
        provided under this part;
            ``(2) records which fully disclose the amount and the 
        disposition by such recipient of the proceeds of such 
        assistance, the total cost of the project in connection with 
        which such assistance is given or used, the amount and nature 
        of that portion of the cost of the project supplied by other 
        sources; and
            ``(3) such other records as will facilitate an effective 
        audit.
    ``(e) Accessibility of Records.--The Secretary and the Comptroller 
General of the United States, or any of their duly authorized 
representatives, shall have access for the purpose of audit and 
examination to any books, documents, papers, and records of any 
recipient of assistance under this part that relate to assistance 
received under this part.
    ``(f) Inspector General Reviews.--The Inspector General of the 
Department of Commerce shall conduct appropriate review to ensure that 
recipients of financial assistance under this part comply with this 
part and the regulations issued under this part, including regulations 
relating to recordkeeping requirements under subsection (c) of this 
section.
    ``(g) Monitoring.--
            ``(1) In general.--The Secretary shall monitor and 
        evaluate--
                    ``(A) projects assisted with grant amounts under 
                this part to ensure that such projects fulfill the 
                objectives of this part;
                    ``(B) the activities of the assistance program 
                under this part to ensure that it is fulfilling its 
                goals and objectives.
            ``(2) Criteria.--Pursuant to section 137, the Secretary 
        shall establish criteria for evaluations under this subsection.
            ``(3) Report.--Not later than January 1 of each year, the 
        Secretary shall submit to the Congress a report summarizing the 
        results of the monitoring and evaluations conducted under this 
        subsection for the fiscal year ending the preceding September 
        30. The first such annual report shall be submitted not later 
        than January 1, 2001, for the fiscal year ending September 30, 
        2000.

``SEC. 136. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this part 
$13,000,000 for each of fiscal years 2000 and 2001. Amounts 
appropriated under this section for any fiscal year are authorized to 
remain available until expended. Not more than 5 percent of the amounts 
appropriated pursuant to this section may be used by the Secretary for 
research to support the grant making activities under this part.

``SEC. 137. REGULATIONS.

    ``The Secretary shall issue or update any regulations necessary to 
carry out this part.''.
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