[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3430 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 3430

To amend the National Telecommunications and Information Administration 
Organization Act to enhance Federal spectrum relocation, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 17, 2023

  Ms. Matsui introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
Organization Act to enhance Federal spectrum relocation, 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 ``Spectrum Relocation Enhancement 
Act''.

SEC. 2. FEDERAL SPECTRUM RELOCATION AND SHARING.

    (a) Relocation or Sharing Costs To Satisfy Operational Requirements 
of Federal Entities.--
            (1) In general.--The National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 901 et 
        seq.) is amended--
                    (A) in section 113(g)--
                            (i) in paragraph (3)--
                                    (I) in the first sentence of 
                                subparagraph (A), by striking ``in 
                                order to achieve comparable capability 
                                of systems as before the relocation or 
                                sharing arrangement'' and inserting 
                                ``to deploy systems that satisfy the 
                                operational requirements of such 
                                entity, which may have increased from 
                                the operational requirements being met 
                                before the relocation or sharing 
                                arrangement''; and
                                    (II) by amending subparagraph (B) 
                                to read as follows:
                    ``(B) Increased operational requirements.--For 
                purposes of subparagraph (A), paragraph (6), and 
                section 118(f)(2)(B)(ii), the operational requirements 
                of a Federal entity do not include any increased 
                operational requirements the costs of which jeopardize 
                the opportunity for a successful auction, sharing, or 
                other non-Federal use of the eligible frequencies 
                involved.''; and
                            (ii) in paragraph (6)--
                                    (I) in the first sentence, by 
                                striking ``of comparable capability'' 
                                and inserting ``that meet the 
                                operational requirements of such 
                                entities''; and
                                    (II) in the second sentence, by 
                                striking ``a Federal entity has 
                                achieved comparable capability of 
                                systems'' and inserting ``the 
                                operational requirements of a Federal 
                                entity are met''; and
                    (B) in section 118(f)(2)(B)(ii), by striking ``to 
                achieve comparable capability of systems affected by 
                the reallocation of eligible frequencies from Federal 
                use to exclusive non-Federal use or to shared use'' and 
                inserting ``to deploy systems that satisfy the 
                operational requirements of the eligible Federal 
                entity''.
            (2) Applicability.--The amendments made by paragraph (1) 
        shall apply with respect to relocation or sharing costs, or 
        payments under section 118(f) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928(f)), as the case may be, with respect to a 
        transition plan that is found to be sufficient under section 
        113(h)(4) of such Act (47 U.S.C. 923(h)(4)) after the date of 
        the enactment of this Act.
    (b) Payments From Spectrum Relocation Fund for Research and 
Development and Planning Activities.--
            (1) In general.--Section 118(g)(2) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 928(g)(2)) is amended to read as follows:
            ``(2) Use of amounts.--
                    ``(A) In general.--The Director of OMB may use 
                amounts made available under paragraph (1) to make 
                payments intended to improve the efficiency and 
                effectiveness of the spectrum use of Federal entities 
                in order to make available frequencies described in 
                subparagraph (C) for reallocation for non-Federal use 
                or shared Federal and non-Federal use, or a combination 
                thereof, and for auction in accordance with such 
                reallocation--
                            ``(i) to Federal entities for research and 
                        development, engineering studies, economic 
                        analyses, activities with respect to systems, 
                        preparing transition plans required by section 
                        113(h)(1), or other planning activities; and
                            ``(ii) to the NTIA for research and 
                        development, engineering studies, economic 
                        analyses, or other planning activities or to 
                        conduct activities required by subparagraph 
                        (H).
                    ``(B) Activities with respect to systems.--For 
                purposes of a payment under subparagraph (A)(i) for 
                activities with respect to systems, such systems 
                include the following:
                            ``(i) Systems (including systems that 
                        obtain passive scientific observations) that 
                        have increased functionality or that increase 
                        the ability of a Federal entity to accommodate 
                        spectrum sharing with non-Federal entities.
                            ``(ii) Systems that consolidate functions 
                        or services that have been provided using 
                        separate systems.
                            ``(iii) Non-spectrum technology or systems.
                    ``(C) Frequencies described.--The frequencies 
                described in this subparagraph are, with respect to a 
                payment under subparagraph (A), frequencies--
                            ``(i) that are assigned to a Federal 
                        entity; and
                            ``(ii) at the time of the activities 
                        conducted with such payment, with respect to 
                        which no relocation or sharing costs have been 
                        transferred to the Federal entity under 
                        subsection (d)(3) or (e).
                    ``(D) Conditions.--The Director of OMB may not make 
                a payment to a Federal entity under subparagraph 
                (A)(i)--
                            ``(i) unless--
                                    ``(I) the Federal entity has 
                                submitted to the Technical Panel 
                                established under section 113(h)(3) a 
                                plan describing the activities that the 
                                Federal entity will conduct with such 
                                payment;
                                    ``(II) the NTIA has reviewed the 
                                plan, determined that the activities 
                                described in the plan and the costs 
                                associated with such activities are 
                                appropriate, and advised the Director 
                                of OMB as to the appropriateness of 
                                such costs;
                                    ``(III) the Technical Panel has 
                                approved such plan under subparagraph 
                                (F); and
                                    ``(IV) the Director of OMB has 
                                submitted the plan approved under 
                                subparagraph (F) to the congressional 
                                committees described in subsection 
                                (d)(2)(C); and
                            ``(ii) until 30 days have elapsed after 
                        submission of the plan under clause (i)(IV).
                    ``(E) Requirements for plan of federal entity.--
                            ``(i) Required contents.--A plan submitted 
                        by a Federal entity under subparagraph 
                        (D)(i)(I) with respect to a payment under this 
                        subsection shall include the following:
                                    ``(I) A plan and timeline for the 
                                activities to be conducted with such 
                                payment, including a description and 
                                the estimated cost of each effort 
                                included as part of each such activity.
                                    ``(II) A schedule for such 
                                activities, with incremental 
                                deliverables and that includes time for 
                                review by the NTIA of interim results 
                                and for the NTIA to advise the Director 
                                of OMB regarding subsequent payments.
                                    ``(III) Requirements for status 
                                reporting to the Director of OMB and 
                                the NTIA.
                                    ``(IV) Requirements for 
                                participation in any NTIA-led 
                                activities associated with the plan.
                            ``(ii) Establishment of additional 
                        requirements for contents.--The Technical Panel 
                        established under section 113(h)(3) may 
                        establish additional requirements for the 
                        contents of the plan to be submitted under 
                        subparagraph (D)(i)(I) to facilitate review and 
                        approval or disapproval of the plan under 
                        subparagraph (F).
                            ``(iii) Coordination by federal entity with 
                        ntia.--A Federal entity that is developing a 
                        plan to be submitted under subparagraph 
                        (D)(i)(I) shall coordinate with the NTIA during 
                        the development of the plan, including any 
                        research, engineering, or analysis activities 
                        included in the plan.
                            ``(iv) Revised activities and updated 
                        plan.--
                                    ``(I) Revised activities.--If the 
                                NTIA, in consultation with the Director 
                                of OMB, determines that revisions to 
                                the activities that a Federal entity is 
                                conducting with a payment under this 
                                subsection are required to achieve the 
                                most efficient and effective use of 
                                spectrum by Federal entities in order 
                                to make frequencies available for 
                                reallocation for non-Federal use or 
                                shared Federal and non-Federal use, or 
                                a combination thereof, and for auction 
                                in accordance with such reallocation--
                                            ``(aa) the NTIA, in 
                                        consultation with the Director 
                                        of OMB, shall direct the 
                                        Federal entity to revise such 
                                        activities in accordance with 
                                        the determination; and
                                            ``(bb) not later than 45 
                                        days after receiving the 
                                        direction under item (aa), the 
                                        Federal entity shall revise 
                                        such activities as directed.
                                    ``(II) Updated plan.--If the 
                                Director of OMB, in consultation with 
                                the NTIA, determines that the revisions 
                                the NTIA has directed a Federal entity 
                                to make under subclause (I) to the 
                                activities the Federal entity is 
                                conducting with a payment under this 
                                subsection are outside the scope of the 
                                original plan or the most recent 
                                updated plan (as the case may be) of 
                                the Federal entity with respect to such 
                                payment that was approved under 
                                subparagraph (F)--
                                            ``(aa) the Director of OMB 
                                        shall direct the Federal entity 
                                        to submit an updated plan under 
                                        subparagraph (D)(i)(I) to 
                                        reflect such revisions; and
                                            ``(bb) not later than 45 
                                        days after receiving the 
                                        direction under item (aa), the 
                                        Federal entity shall submit 
                                        such updated plan under 
                                        subparagraph (D)(i)(I), which 
                                        shall be approved or 
                                        disapproved under subparagraph 
                                        (F) in the same manner as the 
                                        original plan.
                    ``(F) Review of plan by technical panel.--
                            ``(i) In general.--Not later than 120 days 
                        after a Federal entity submits a plan under 
                        subparagraph (D)(i)(I) to the Technical Panel 
                        established under section 113(h)(3), the 
                        Technical Panel shall approve or disapprove 
                        such plan.
                            ``(ii) Criteria for review.--In considering 
                        whether to approve or disapprove a plan under 
                        this subparagraph, the Technical Panel shall 
                        consider whether--
                                    ``(I) the activities that the 
                                Federal entity will conduct with the 
                                payment will--
                                            ``(aa) increase or maintain 
                                        the ability of the Federal 
                                        entity to meet the operational 
                                        requirements of the Federal 
                                        entity;
                                            ``(bb) increase the 
                                        probability of relocation from 
                                        or sharing of Federal spectrum;
                                            ``(cc) facilitate an 
                                        auction intended to occur not 
                                        later than 8 years after the 
                                        payment; and
                                            ``(dd) increase the net 
                                        expected auction proceeds in an 
                                        amount not less than the time 
                                        value of the amount of the 
                                        payment; and
                                    ``(II) the transfer will leave 
                                sufficient amounts in the Fund for the 
                                other purposes of the Fund.
                    ``(G) Required use of payment.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), a Federal entity that receives a 
                        payment under this subsection may only use the 
                        payment in accordance with the original plan or 
                        the most recent updated plan (as the case may 
                        be) of the Federal entity with respect to such 
                        payment that was approved under subparagraph 
                        (F).
                            ``(ii) Interim authority to conduct revised 
                        activities.--In the case of a Federal entity 
                        that has received a direction from the Director 
                        of OMB under subparagraph (E)(iv)(II)(aa) to 
                        submit an updated plan under subparagraph 
                        (D)(i)(I) to reflect revisions that the NTIA 
                        has directed the Federal entity to make under 
                        subparagraph (E)(iv)(I)(aa) to the activities 
                        that the Federal entity is conducting with a 
                        payment under this subsection, the Federal 
                        entity may use the payment to conduct 
                        activities that reflect such revisions 
                        notwithstanding clause (i) until--
                                    ``(I) if the Federal entity fails 
                                to submit the updated plan by the 
                                deadline under subparagraph 
                                (E)(iv)(II)(bb), such deadline; or
                                    ``(II) if the Federal entity 
                                submits the updated plan by the 
                                deadline under subparagraph 
                                (E)(iv)(II)(bb), the date on which the 
                                updated plan is approved or disapproved 
                                under subparagraph (F).
                            ``(iii) Termination of authority to use 
                        payment.--If a Federal entity described in 
                        clause (ii) fails to submit the updated plan by 
                        the deadline under subparagraph 
                        (E)(iv)(II)(bb), or if the updated plan is 
                        disapproved under subparagraph (F), the Federal 
                        entity may not, after such deadline or the date 
                        on which the updated plan is disapproved (as 
                        the case may be), conduct any activities using 
                        such payment, until such time as the updated 
                        plan is submitted or resubmitted (as the case 
                        may be) and approved under subparagraph (F).
                    ``(H) Role of ntia.--
                            ``(i) Oversight by ntia.--The NTIA shall--
                                    ``(I) establish and carry out a 
                                process to conduct oversight of the 
                                execution of plans approved under 
                                subparagraph (F);
                                    ``(II) in accordance with 
                                subparagraph (D)(i)(II), review plans 
                                submitted under subparagraph (D)(i)(I), 
                                determine whether the activities 
                                described in such plans and the costs 
                                associated with such activities are 
                                appropriate, and advise the Director of 
                                OMB as to the appropriateness of such 
                                costs;
                                    ``(III) in accordance with 
                                subparagraph (E)(i)(II), review the 
                                interim results of the activities 
                                conducted by Federal entities using 
                                payments under this subsection and 
                                advise the Director of OMB regarding 
                                subsequent payments to such entities;
                                    ``(IV) in accordance with 
                                subparagraph (E)(iv)(I), determine 
                                whether revisions to the activities 
                                that a Federal entity is conducting 
                                with a payment under this subsection 
                                are required and, if so, direct the 
                                Federal entity to revise such 
                                activities;
                                    ``(V) in accordance with 
                                subparagraph (E)(iv)(II), consult with 
                                the Director of OMB on the need for the 
                                Federal entity to submit an updated 
                                plan under subparagraph (D)(i)(I) to 
                                reflect any such revised activities; 
                                and
                                    ``(VI) conduct activities required 
                                to aggregate the results of activities 
                                conducted by individual Federal 
                                entities with payments under this 
                                subsection into a comprehensive 
                                assessment to ensure any recommendation 
                                to the Commission for reallocation of a 
                                band of frequencies has properly 
                                accounted for, addressed, and protected 
                                all Federal interests in and adjacent 
                                to the band.
                            ``(ii) Spectrum studies.--
                                    ``(I) Activities not identified in 
                                plans of federal entities.--The NTIA, 
                                in coordination with Federal entities, 
                                shall, as needed, conduct spectrum 
                                studies (including studies relating to 
                                advances in spectrum engineering, 
                                science, and technology) that are not 
                                associated with the activities 
                                identified in the plans of Federal 
                                entities approved under subparagraph 
                                (F).
                                    ``(II) Participation and 
                                information from federal agencies.--A 
                                Federal agency shall participate in the 
                                spectrum studies described in subclause 
                                (I) and provide information to the 
                                NTIA, as necessary for the NTIA to 
                                carry out such subclause.''.
            (2) Conforming amendment.--Section 113(h)(3)(C) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(h)(3)(C)) is amended by 
        striking ``section 118(g)(2)(E)'' and inserting ``section 
        118(g)(2)(F)''.
            (3) Applicability.--The amendments made by this subsection 
        shall apply with respect to payments requested under section 
        118(g)(2) of the National Telecommunications and Information 
        Administration Organization Act (47 U.S.C. 928(g)(2)) after the 
        date of the enactment of this Act.
    (c) Payments From Spectrum Relocation Fund for Administrative 
Support for Technical Panel.--Section 118 of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 928) is amended by adding at the end the following:
    ``(j) Administrative Support for Technical Panel.--Notwithstanding 
subsections (c) through (e), there are appropriated from the Fund and 
available to the Director of OMB such sums as are required to make 
payments to the NTIA to enable the NTIA to provide administrative 
support services to the Technical Panel established by subparagraph (A) 
of section 113(h)(3), as required by subparagraph (C) of such 
section.''.
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