[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5419 Received in Senate (RDS)]

  2d Session
                                H. R. 5419


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 20, 2004

                                Received

_______________________________________________________________________

                                 AN ACT


 
To amend the National Telecommunications and Information Administration 
   Organization Act to facilitate the reallocation of spectrum from 
governmental to commercial users; to improve, enhance, and promote the 
   Nation's homeland security, public safety, and citizen activated 
    emergency response capabilities through the use of enhanced 911 
services, to further upgrade Public Safety Answering Point capabilities 
 and related functions in receiving E-911 calls, and to support in the 
    construction and operation of a ubiquitous and reliable citizen 
   activated system; and to provide that funds received as universal 
 service contributions under section 254 of the Communications Act of 
 1934 and the universal service support programs established pursuant 
   thereto are not subject to certain provisions of title 31, United 
States Code, commonly known as the Antideficiency Act, for a period of 
                                 time.

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

                             TITLE I--E-911

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Ensuring Needed Help Arrives Near 
Callers Employing 911 Act of 2004'' or the ``ENHANCE 911 Act of 2004''.

SEC. 102. FINDINGS.

    The Congress finds that--
            (1) for the sake of our Nation's homeland security and 
        public safety, a universal emergency telephone number (911) 
        that is enhanced with the most modern and state-of-the-art 
        telecommunications capabilities possible should be available to 
        all citizens in all regions of the Nation;
            (2) enhanced emergency communications require Federal, 
        State, and local government resources and coordination;
            (3) any funds that are collected from fees imposed on 
        consumer bills for the purposes of funding 911 services or 
        enhanced 911 should go only for the purposes for which the 
        funds are collected; and
            (4) enhanced 911 is a high national priority and it 
        requires Federal leadership, working in cooperation with State 
        and local governments and with the numerous organizations 
        dedicated to delivering emergency communications services.

SEC. 103. PURPOSES.

    The purposes of this title are--
            (1) to coordinate 911 services and E-911 services, at the 
        Federal, State, and local levels; and
            (2) to ensure that funds collected on telecommunications 
        bills for enhancing emergency 911 services are used only for 
        the purposes for which the funds are being collected.

SEC. 104. COORDINATION OF E-911 IMPLEMENTATION.

    Part C of title I of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.) is 
amended by adding at the end the following:

``SEC. 158. COORDINATION OF E-911 IMPLEMENTATION.

    ``(a) E-911 Implementation Coordination Office.--
            ``(1) Establishment.--The Assistant Secretary and the 
        Administrator of the National Highway Traffic Safety 
        Administration shall--
                    ``(A) establish a joint program to facilitate 
                coordination and communication between Federal, State, 
                and local emergency communications systems, emergency 
                personnel, public safety organizations, 
                telecommunications carriers, and telecommunications 
                equipment manufacturers and vendors involved in the 
                implementation of E-911 services; and
                    ``(B) create an E-911 Implementation Coordination 
                Office to implement the provisions of this section.
            ``(2) Management plan.--The Assistant Secretary and the 
        Administrator shall jointly develop a management plan for the 
        program established under this section. Such plan shall include 
        the organizational structure and funding profiles for the 5-
        year duration of the program. The Assistant Secretary and the 
        Administrator shall, within 90 days after the date of enactment 
        of this Act, submit the management plan to the Committees on 
        Energy and Commerce and Appropriations of the House of 
        Representatives and the Committees on Commerce, Science, and 
        Transportation and Appropriations of the Senate.
            ``(3) Purpose of office.--The Office shall--
                    ``(A) take actions, in concert with coordinators 
                designated in accordance with subsection (b)(3)(A)(ii), 
                to improve such coordination and communication;
                    ``(B) develop, collect, and disseminate information 
                concerning practices, procedures, and technology used 
                in the implementation of E-911 services;
                    ``(C) advise and assist eligible entities in the 
                preparation of implementation plans required under 
                subsection (b)(3)(A)(iii);
                    ``(D) receive, review, and recommend the approval 
                or disapproval of applications for grants under 
                subsection (b); and
                    ``(E) oversee the use of funds provided by such 
                grants in fulfilling such implementation plans.
            ``(4) Reports.--The Assistant Secretary and the 
        Administrator shall provide a joint annual report to Congress 
        by the first day of October of each year on the activities of 
        the Office to improve coordination and communication with 
        respect to the implementation of E-911 services.
    ``(b) Phase II E-911 Implementation Grants.--
            ``(1) Matching grants.--The Assistant Secretary and the 
        Administrator, after consultation with the Secretary of 
        Homeland Security and the Chairman of the Federal 
        Communications Commission, and acting through the Office, shall 
        provide grants to eligible entities for the implementation and 
        operation of Phase II E-911 services.
            ``(2) Matching requirement.--The Federal share of the cost 
        of a project eligible for a grant under this section shall not 
        exceed 50 percent. The non-Federal share of the cost shall be 
        provided from non-Federal sources.
            ``(3) Coordination required.--In providing grants under 
        paragraph (1), the Assistant Secretary and the Administrator 
        shall require an eligible entity to certify in its application 
        that--
                    ``(A) in the case of an eligible entity that is a 
                State government, the entity--
                            ``(i) has coordinated its application with 
                        the public safety answering points (as such 
                        term is defined in section 222(h)(4) of the 
                        Communications Act of 1934) located within the 
                        jurisdiction of such entity;
                            ``(ii) has designated a single officer or 
                        governmental body of the entity to serve as the 
                        coordinator of implementation of E-911 
                        services, except that such designation need not 
                        vest such coordinator with direct legal 
                        authority to implement E-911 services or manage 
                        emergency communications operations;
                            ``(iii) has established a plan for the 
                        coordination and implementation of E-911 
                        services; and
                            ``(iv) has integrated telecommunications 
                        services involved in the implementation and 
                        delivery of phase II E-911 services; or
                    ``(B) in the case of an eligible entity that is not 
                a State, the entity has complied with clauses (i), 
                (iii), and (iv) of subparagraph (A), and the State in 
                which it is located has complied with clause (ii) of 
                such subparagraph.
            ``(4) Criteria.--The Assistant Secretary and the 
        Administrator shall jointly issue regulations within 180 days 
        after the date of enactment of the ENHANCE 911 Act of 2004, 
        after a public comment period of not less than 60 days, 
        prescribing the criteria for selection for grants under this 
        section, and shall update such regulations as necessary. The 
        criteria shall include performance requirements and a timeline 
        for completion of any project to be financed by a grant under 
        this section.
    ``(c) Diversion of E-911 Charges.--
            ``(1) Designated e-911 charges.--For the purposes of this 
        subsection, the term `designated E-911 charges' means any 
        taxes, fees, or other charges imposed by a State or other 
        taxing jurisdiction that are designated or presented as 
        dedicated to deliver or improve E-911 services.
            ``(2) Certification.--Each applicant for a matching grant 
        under this section shall certify to the Assistant Secretary and 
        the Administrator at the time of application, and each 
        applicant that receives such a grant shall certify to the 
        Assistant Secretary and the Administrator annually thereafter 
        during any period of time during which the funds from the grant 
        are available to the applicant, that no portion of any 
        designated E-911 charges imposed by a State or other taxing 
        jurisdiction within which the applicant is located are being 
        obligated or expended for any purpose other than the purposes 
        for which such charges are designated or presented during the 
        period beginning 180 days immediately preceding the date of the 
        application and continuing through the period of time during 
        which the funds from the grant are available to the applicant.
            ``(3) Condition of grant.--Each applicant for a grant under 
        this section shall agree, as a condition of receipt of the 
        grant, that if the State or other taxing jurisdiction within 
        which the applicant is located, during any period of time 
        during which the funds from the grant are available to the 
        applicant, obligates or expends designated E-911 charges for 
        any purpose other than the purposes for which such charges are 
        designated or presented, all of the funds from such grant shall 
        be returned to the Office.
            ``(4) Penalty for providing false information.--Any 
        applicant that provides a certification under paragraph (1) 
        knowing that the information provided in the certification was 
        false shall--
                    ``(A) not be eligible to receive the grant under 
                subsection (b);
                    ``(B) return any grant awarded under subsection (b) 
                during the time that the certification was not valid; 
                and
                    ``(C) not be eligible to receive any subsequent 
                grants under subsection (b).
    ``(d) Authorization; Termination.--
            ``(1) Authorization.--There are authorized to be 
        appropriated to the Department of Transportation, for the 
        purposes of grants under the joint program operated under this 
        section with the Department of Commerce, not more than 
        $250,000,000 for each of the fiscal years 2005 through 2009, 
        not more than 5 percent of which for any fiscal year may be 
        obligated or expended for administrative costs.
            ``(2) Termination.--The provisions of this section shall 
        cease to be effective on October 1, 2009.
    ``(e) Definitions.--As used in this section:
            ``(1) Office.--The term `Office' means the E-911 
        Implementation Coordination Office.
            ``(2) Administrator.--The term `Administrator' means the 
        Administrator of the National Highway Traffic Safety 
        Administration.
            ``(3) Eligible entity.--
                    ``(A) In general.--The term `eligible entity' means 
                a State or local government or a tribal organization 
                (as defined in section 4(l) of the Indian Self-
                Determination and Education Assistance Act (25 U.S.C. 
                450b(l))).
                    ``(B) Instrumentalities.--Such term includes public 
                authorities, boards, commissions, and similar bodies 
                created by one or more eligible entities described in 
                subparagraph (A) to provide E-911 services.
                    ``(C) Exception.--Such term does not include any 
                entity that has failed to submit the most recently 
                required certification under subsection (c) within 30 
                days after the date on which such certification is due.
            ``(4) E-911 services.--The term `E-911 services' means both 
        phase I and phase II enhanced 911 services, as described in 
        section 20.18 of the Commission's regulations (47 C.F.R. 
        20.18), as in effect on the date of enactment of the ENHANCE 
        911 Act of 2004, or as subsequently revised by the Federal 
        Communications Commission.
            ``(5) Phase ii e-911 services.--The term `phase II E-911 
        services' means only phase II enhanced 911 services, as 
        described in such section 20.18 (47 C.F.R. 20.18), as in effect 
        on such date, or as subsequently revised by the Federal 
        Communications Commission.
            ``(6) State.--The term `State' means any State of the 
        United States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, and any territory or possession of 
        the United States.''.

SEC. 105. GAO STUDY OF STATE AND LOCAL USE OF 911 SERVICE CHARGES.

    (a) In General.--Within 60 days after the date of enactment of this 
Act, the Comptroller General shall initiate a study of--
            (1) the imposition of taxes, fees, or other charges imposed 
        by States or political subdivisions of States that are 
        designated or presented as dedicated to improve emergency 
        communications services, including 911 services or enhanced 911 
        services, or related to emergency communications services 
        operations or improvements; and
            (2) the use of revenues derived from such taxes, fees, or 
        charges.
    (b) Report.--Within 18 months after initiating the study required 
by subsection (a), the Comptroller General shall transmit a report on 
the results of the study to the Senate Committee on Commerce, Science, 
and Transportation and the House of Representatives Committee on Energy 
and Commerce setting forth the findings, conclusions, and 
recommendations, if any, of the study, including--
            (1) the identity of each State or political subdivision 
        that imposes such taxes, fees, or other charges; and
            (2) the amount of revenues obligated or expended by that 
        State or political subdivision for any purpose other than the 
        purposes for which such taxes, fees, or charges were designated 
        or presented.

SEC. 106. REPORT ON THE DEPLOYMENT OF E-911 PHASE II SERVICES BY TIER 
              III SERVICE PROVIDERS.

    Within 90 days after the date of enactment of this Act, the Federal 
Communications Commission shall submit a report to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate detailing--
            (1) the number of tier III commercial mobile service 
        providers that are offering phase II E-911 services;
            (2) the number of requests for waivers from compliance with 
        the Commission's phase II E-911 service requirements received 
        by the Commission from such tier III providers;
            (3) the number of waivers granted or denied by the 
        Commission to such tier III providers;
            (4) how long each waiver request remained pending before it 
        was granted or denied;
            (5) how many waiver requests are pending at the time of the 
        filing of the report;
            (6) when the pending requests will be granted or denied;
            (7) actions the Commission has taken to reduce the amount 
        of time a waiver request remains pending; and
            (8) the technologies that are the most effective in the 
        deployment of phase II E-911 services by such tier III 
        providers.

SEC. 107. FCC REQUIREMENTS FOR CERTAIN TIER III CARRIERS.

    (a) In General.--The Federal Communications Commission shall act on 
any petition filed by a qualified Tier III carrier requesting a waiver 
of compliance with the requirements of section 20.18(g)(1)(v) of the 
Commission's rules (47 C.F.R. 20.18(g)(1)(v)) within 100 days after the 
Commission receives the petition. The Commission shall grant the waiver 
of compliance with the requirements of section 20.18(g)(1)(v) of the 
Commission's rules (47 C.F.R. 20.18(g)(1)(v)) requested by the petition 
if it determines that strict enforcement of the requirements of that 
section would result in consumers having decreased access to emergency 
services.
    (b) Qualified Tier III Carrier Defined.--In this section, the term 
``qualified Tier III carrier'' means a provider of commercial mobile 
service (as defined in section 332(d) of the Communications Act of 1934 
(47 U.S.C. 332(d)) that had 500,000 or fewer subscribers as of December 
31, 2001.

                     TITLE II--SPECTRUM RELOCATION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Commercial Spectrum Enhancement 
Act''.

SEC. 202. RELOCATION OF ELIGIBLE FEDERAL ENTITIES FOR THE REALLOCATION 
              OF SPECTRUM FOR COMMERCIAL PURPOSES.

    Section 113(g) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(g)) is amended by 
striking paragraphs (1) through (3) and inserting the following:
            ``(1) Eligible federal entities.--Any Federal entity that 
        operates a Federal Government station assigned to a band of 
        frequencies specified in paragraph (2) and that incurs 
        relocation costs because of the reallocation of frequencies 
        from Federal use to non-Federal use shall receive payment for 
        such costs from the Spectrum Relocation Fund, in accordance 
        with section 118 of this Act. For purposes of this paragraph, 
        Federal power agencies exempted under subsection (c)(4) that 
        choose to relocate from the frequencies identified for 
        reallocation pursuant to subsection (a), are eligible to 
        receive payment under this paragraph.
            ``(2) Eligible frequencies.--The bands of eligible 
        frequencies for purposes of this section are as follows:
                    ``(A) the 216-220 megahertz band, the 1432-1435 
                megahertz band, the 1710-1755 megahertz band, and the 
                2385-2390 megahertz band of frequencies; and
                    ``(B) any other band of frequencies reallocated 
                from Federal use to non-Federal use after January 1, 
                2003, that is assigned by competitive bidding pursuant 
                to section 309(j) of the Communications Act of 1934 (47 
                U.S.C. 309(j)), except for bands of frequencies 
                previously identified by the National 
                Telecommunications and Information Administration in 
                the Spectrum Reallocation Final Report, NTIA Special 
                Publication 95-32 (1995).
            ``(3) Definition of relocation costs.--For purposes of this 
        subsection, the term `relocation costs' means the costs 
        incurred by a Federal entity to achieve comparable capability 
        of systems, regardless of whether that capability is achieved 
        by relocating to a new frequency assignment or by utilizing an 
        alternative technology. Such costs include--
                    ``(A) the costs of any modification or replacement 
                of equipment, software, facilities, operating manuals, 
                training costs, or regulations that are attributable to 
                relocation;
                    ``(B) the costs of all engineering, equipment, 
                software, site acquisition and construction costs, as 
                well as any legitimate and prudent transaction expense, 
                including outside consultants, and reasonable 
                additional costs incurred by the Federal entity that 
                are attributable to relocation, including increased 
                recurring costs associated with the replacement 
                facilities;
                    ``(C) the costs of engineering studies, economic 
                analyses, or other expenses reasonably incurred in 
                calculating the estimated relocation costs that are 
                provided to the Commission pursuant to paragraph (4) of 
                this subsection;
                    ``(D) the one-time costs of any modification of 
                equipment reasonably necessary to accommodate 
                commercial use of such frequencies prior to the 
                termination of the Federal entity's primary allocation 
                or protected status, when the eligible frequencies as 
                defined in paragraph (2) of this subsection are made 
                available for private sector uses by competitive 
                bidding and a Federal entity retains primary allocation 
                or protected status in those frequencies for a period 
                of time after the completion of the competitive bidding 
                process; and
                    ``(E) the costs associated with the accelerated 
                replacement of systems and equipment if such 
                acceleration is necessary to ensure the timely 
                relocation of systems to a new frequency assignment.
            ``(4) Notice to commission of estimated relocation costs.--
                    ``(A) The Commission shall notify the NTIA at least 
                18 months prior to the commencement of any auction of 
                eligible frequencies defined in paragraph (2). At least 
                6 months prior to the commencement of any such auction, 
                the NTIA, on behalf of the Federal entities and after 
                review by the Office of Management and Budget, shall 
                notify the Commission of estimated relocation costs and 
                timelines for such relocation.
                    ``(B) Upon timely request of a Federal entity, the 
                NTIA shall provide such entity with information 
                regarding an alternative frequency assignment or 
                assignments to which their radiocommunications 
                operations could be relocated for purposes of 
                calculating the estimated relocation costs and 
                timelines to be submitted to the Commission pursuant to 
                subparagraph (A).
                    ``(C) To the extent practicable and consistent with 
                national security considerations, the NTIA shall 
                provide the information required by subparagraphs (A) 
                and (B) by the geographic location of the Federal 
                entities' facilities or systems and the frequency bands 
                used by such facilities or systems.
            ``(5) Notice to congressional committees and gao.--The NTIA 
        shall, at the time of providing an initial estimate of 
        relocation costs to the Commission under paragraph (4)(A), 
        submit to Committees on Appropriations and Energy and Commerce 
        of the House of Representatives for approval, to the Committees 
        on Appropriations and Commerce, Science, and Transportation of 
        the Senate for approval, and to the Comptroller General a copy 
        of such estimate and the timelines for relocation. Unless 
        disapproved within 30 days, the estimate shall be approved. If 
        disapproved, the NTIA may resubmit a revised initial estimate.
            ``(6) Implementation of procedures.--The NTIA shall take 
        such actions as necessary to ensure the timely relocation of 
        Federal entities' spectrum-related operations from frequencies 
        defined in paragraph (2) to frequencies or facilities of 
        comparable capability. Upon a finding by the NTIA that a 
        Federal entity has achieved comparable capability of systems by 
        relocating to a new frequency assignment or by utilizing an 
        alternative technology, the NTIA shall terminate the entity's 
        authorization and notify the Commission that the entity's 
        relocation has been completed. The NTIA shall also terminate 
        such entity's authorization if the NTIA determines that the 
        entity has unreasonably failed to comply with the timeline for 
        relocation submitted by the Director of the Office of 
        Management and Budget under section 118(d)(2)(B).''.

SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PROCEEDS.

    (a) Auction Design.--Section 309(j)(3) of the Communications Act of 
1934 (47 U.S.C. 309(j)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (D);
            (2) by striking the period at the end of subparagraph (E) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) for any auction of eligible frequencies 
                described in section 113(g)(2) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 923(g)(2)), the recovery of 
                110 percent of estimated relocation costs as provided 
                to the Commission pursuant to section 113(g)(4) of such 
                Act.''.
    (b) Special Auction Provisions for Eligible Frequencies.--Section 
309(j) of such Act is further amended by adding at the end the 
following new paragraph:
            ``(15) Special auction provisions for eligible 
        frequencies.--
                    ``(A) Special regulations.--The Commission shall 
                revise the regulations prescribed under paragraph 
                (4)(F) of this subsection to prescribe methods by which 
                the total cash proceeds from any auction of eligible 
                frequencies described in section 113(g)(2) of the 
                National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 923(g)(2)) 
                shall at least equal 110 percent of the total estimated 
                relocation costs provided to the Commission pursuant to 
                section 113(g)(4) of such Act.
                    ``(B) Conclusion of auctions contingent on minimum 
                proceeds.--The Commission shall not conclude any 
                auction of eligible frequencies described in section 
                113(g)(2) of such Act if the total cash proceeds 
                attributable to such spectrum are less than 110 percent 
                of the total estimated relocation costs provided to the 
                Commission pursuant to section 113(g)(4) of such Act. 
                If the Commission is unable to conclude an auction for 
                the foregoing reason, the Commission shall cancel the 
                auction, return within 45 days after the auction 
                cancellation date any deposits from participating 
                bidders held in escrow, and absolve such bidders from 
                any obligation to the United States to bid in any 
                subsequent reauction of such spectrum.
                    ``(C) Authority to issue prior to 
                deauthorization.--In any auction conducted under the 
                regulations required by subparagraph (A), the 
                Commission may grant a license assigned for the use of 
                eligible frequencies prior to the termination of an 
                eligible Federal entity's authorization. However, the 
                Commission shall condition such license by requiring 
                that the licensee cannot cause harmful interference to 
                such Federal entity until such entity's authorization 
                has been terminated by the National Telecommunications 
                and Information Administration.''.
    (c) Deposit of Proceeds.--Paragraph (8) of section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)) is amended--
            (1) in subparagraph (A), by inserting ``or subparagraph 
        (D)'' after ``subparagraph (B)''; and
            (2) by adding at the end the following new subparagraph:
                    ``(D) Disposition of cash proceeds.--Cash proceeds 
                attributable to the auction of any eligible frequencies 
                described in section 113(g)(2) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 923(g)(2)) shall be 
                deposited in the Spectrum Relocation Fund established 
                under section 118 of such Act, and shall be available 
                in accordance with that section.''.

SEC. 204. ESTABLISHMENT OF FUND AND PROCEDURES.

    Part B of the National Telecommunications and Information 
Administration Organization Act is amended by adding after section 117 
(47 U.S.C. 927) the following new section:

``SEC. 118. SPECTRUM RELOCATION FUND.

    ``(a) Establishment of Spectrum Relocation Fund.--There is 
established on the books of the Treasury a separate fund to be known as 
the `Spectrum Relocation Fund' (in this section referred to as the 
`Fund'), which shall be administered by the Office of Management and 
Budget (in this section referred to as `OMB'), in consultation with the 
NTIA.
    ``(b) Crediting of Receipts.--The Fund shall be credited with the 
amounts specified in section 309(j)(8)(D) of the Communications Act of 
1934 (47 U.S.C. 309(j)(8)(D)).
    ``(c) Used To Pay Relocation Costs.--The amounts in the Fund from 
auctions of eligible frequencies are authorized to be used to pay 
relocation costs, as defined in section 113(g)(3) of this Act, of an 
eligible Federal entity incurring such costs with respect to relocation 
from those frequencies.
    ``(d) Fund Availability.--
            ``(1) Appropriation.--There are hereby appropriated from 
        the Fund such sums as are required to pay the relocation costs 
        specified in subsection (c).
            ``(2) Transfer conditions.--None of the funds provided 
        under this subsection may be transferred to any eligible 
        Federal entity--
                    ``(A) unless the Director of OMB has determined, in 
                consultation with the NTIA, the appropriateness of such 
                costs and the timeline for relocation; and
                    ``(B) until 30 days after the Director of OMB has 
                submitted to the Committees on Appropriations and 
                Energy and Commerce of the House of Representatives for 
                approval, to the Committees on Appropriations and 
                Commerce, Science, and Transportation of the Senate for 
                approval, and to the Comptroller General a detailed 
                plan describing specifically how the sums transferred 
                from the Fund will be used to pay relocation costs in 
                accordance with such subsection and the timeline for 
                such relocation.
        Unless disapproved within 30 days, the amounts in the Fund 
        shall be available immediately. If the plan is disapproved, the 
        Director may resubmit a revised plan.
            ``(3) Reversion of unused funds.--Any auction proceeds in 
        the Fund that are remaining after the payment of the relocation 
        costs that are payable from the Fund shall revert to and be 
        deposited in the general fund of the Treasury not later than 8 
        years after the date of the deposit of such proceeds to the 
        Fund.
    ``(e) Transfer to Eligible Federal Entities.--
            ``(1) Transfer.--
                    ``(A) Amounts made available pursuant to subsection 
                (d) shall be transferred to eligible Federal entities, 
                as defined in section 113(g)(1) of this Act.
                    ``(B) An eligible Federal entity may receive more 
                than one such transfer, but if the sum of the 
                subsequent transfer or transfers exceeds 10 percent of 
                the original transfer--
                            ``(i) such subsequent transfers are subject 
                        to prior approval by the Director of OMB as 
                        required by subsection (d)(2)(A);
                            ``(ii) the notice to the committees 
                        containing the plan required by subsection 
                        (d)(2)(B) shall be not less than 45 days prior 
                        to the date of the transfer that causes such 
                        excess above 10 percent;
                            ``(iii) such notice shall include, in 
                        addition to such plan, an explanation of need 
                        for such subsequent transfer or transfers; and
                            ``(iv) the Comptroller General shall, 
                        within 30 days after receiving such plan, 
                        review such plan and submit to such committees 
                        an assessment of the explanation for the 
                        subsequent transfer or transfers.
                    ``(C) Such transferred amounts shall be credited to 
                the appropriations account of the eligible Federal 
                entity which has incurred, or will incur, such costs, 
                and shall, subject to paragraph (2), remain available 
                until expended.
            ``(2) Retransfer to fund.--An eligible Federal entity that 
        has received such amounts shall report its expenditures to OMB 
        and shall transfer any amounts in excess of actual relocation 
        costs back to the Fund immediately after the NTIA has notified 
        the Commission that the entity's relocation is complete, or has 
        determined that such entity has unreasonably failed to complete 
        such relocation in accordance with the timeline required by 
        subsection (d)(2)(A).''.

SEC. 205. TELECOMMUNICATIONS DEVELOPMENT FUND.

    Section 714(f) of the Communications Act of 1934 (47 U.S.C. 614(f)) 
is amended to read as follows:
    ``(f) Lending and Credit Operations.--Loans or other extensions of 
credit from the Fund shall be made available to an eligible small 
business on the basis of--
            ``(1) the analysis of the business plan of the eligible 
        small business;
            ``(2) the reasonable availability of collateral to secure 
        the loan or credit extension;
            ``(3) the extent to which the loan or credit extension 
        promotes the purposes of this section; and
            ``(4) other lending policies as defined by the Board.''.

SEC. 206. CONSTRUCTION.

     Nothing in this title is intended to modify section 1062(b) of the 
National Defense Authorization Act for Fiscal Year 2000 (Public Law 
106-65).

SEC. 207. ANNUAL REPORT.

    The National Telecommunications and Information Administration 
shall submit an annual report to the Committees on Appropriations and 
Energy and Commerce of the House of Representatives, the Committees on 
Appropriations and Commerce, Science, and Transportation of the Senate, 
and the Comptroller General on--
            (1) the progress made in adhering to the timelines 
        applicable to relocation from eligible frequencies required 
        under section 118(d)(2)(A) of the National Telecommunications 
        and Information Administration Organization Act, separately 
        stated on a communication system-by-system basis and on an 
        auction-by-auction basis; and
            (2) with respect to each relocated communication system and 
        auction, a statement of the estimate of relocation costs 
        required under section 113(g)(4) of such Act, the actual 
        relocations costs incurred, and the amount of such costs paid 
        from the Spectrum Relocation Fund.

SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT REQUIRED.

    (a) Spectrum Management Authority Retained.--Except as provided 
with respect to the bands of frequencies identified in section 
113(g)(2)(A) of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 923(g)(2)(A)) as amended by 
this title, nothing in this title or the amendments made by this title 
shall be construed as limiting the Federal Communications Commission's 
authority to allocate bands of frequencies that are reallocated from 
Federal use to non-Federal use for unlicensed, public safety, shared, 
or non-commercial use.
    (b) NTIA Report Required.--Within 1 year after the date of 
enactment of this Act, the Administrator of the National 
Telecommunications and Information Administration shall submit to the 
Energy and Commerce Committee of the House of Representatives and the 
Commerce, Science, and Transportation Committee of the Senate a report 
on various policy options to compensate Federal entities for relocation 
costs when such entities' frequencies are allocated by the Commission 
for unlicensed, public safety, shared, or non-commercial use.

SEC. 209. COMMERCIAL SPECTRUM LICENSE POLICY REVIEW.

    (a) Examination.--The Comptroller General shall examine national 
commercial spectrum license policy as implemented by the Federal 
Communications Commission, and shall report its findings to the Senate 
Committee on Commerce, Science, and Transportation and the House of 
Representatives Committee on Energy and Commerce within 270 days.
    (b) Content.--The report shall address each of the following:
            (1) An estimate of the respective proportions of 
        electromagnetic spectrum capacity that have been assigned by 
        the Federal Communications Commission--
                    (A) prior to enactment of section 309(j) of the 
                Communications Act of 1934 (47 U.S.C. 309(j)) providing 
                to the Commission's competitive bidding authority,
                    (B) after enactment of that section using the 
                Commission's competitive bidding authority, and
                    (C) by means other than competitive bidding,
        and a description of the classes of licensees assigned under 
        each method.
            (2) The extent to which requiring entities to obtain 
        licenses through competitive bidding places those entities at a 
        competitive or financial disadvantage to offer services similar 
        to entities that did not acquire licenses through competitive 
        bidding.
            (3) The effect, if any, of the use of competitive bidding 
        and the resulting diversion of licensees' financial resources 
        on the introduction of new services including the quality, 
        pace, and scope of the offering of such services to the public.
            (4) The effect, if any, of participation in competitive 
        bidding by incumbent spectrum license holders as applicants or 
        investors in an applicant, including a discussion of any 
        additional effect if such applicant qualified for bidding 
        credits as a designated entity.
            (5) The effect on existing license holders and consumers of 
        services offered by these providers of the Administration's 
        Spectrum License User Fee proposal contained in the President's 
        Budget of the United States Government for Fiscal Year 2004 
        (Budget, page 299; Appendix, page 1046), and an evaluation of 
        whether the enactment of this proposal could address, either in 
        part or in whole, any possible competitive disadvantages 
        described in paragraph (2).
    (c) FCC Assistance.--The Federal Communications Commission shall 
provide information and assistance, as necessary, to facilitate the 
completion of the examination required by subsection (a).

                      TITLE III--UNIVERSAL SERVICE

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Universal Service Antideficiency 
Temporary Suspension Act''.

SEC. 302. APPLICATION OF CERTAIN TITLE 31 PROVISIONS TO UNIVERSAL 
              SERVICE FUND.

    (a) In General.--During the period beginning on the date of 
enactment of this Act and ending on December 31, 2005, section 1341 and 
subchapter II of chapter 15 of title 31, United States Code, do not 
apply--
            (1) to any amount collected or received as Federal 
        universal service contributions required by section 254 of the 
        Communications Act of 1934 (47 U.S.C. 254), including any 
        interest earned on such contributions; nor
            (2) to the expenditure or obligation of amounts 
        attributable to such contributions for universal service 
        support programs established pursuant to that section.
    (b) Post-2005 Fulfillment of Protected Obligations.--Section 1341 
and subchapter II of chapter 15 of title 31, United States Code, do not 
apply after December 31, 2005, to an expenditure or obligation 
described in subsection (a)(2) made or authorized during the period 
described in subsection (a).

            Passed the House of Representatives November 20, 2004.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.