[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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