[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 999 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                 S. 999

      To require the National Telecommunications and Information 
   Administration to estimate the value of electromagnetic spectrum 
          assigned or otherwise allocated to Federal entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2023

    Mr. Lee introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
      To require the National Telecommunications and Information 
   Administration to estimate the value of electromagnetic spectrum 
          assigned or otherwise allocated to Federal entities.

    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 ``Government Spectrum Valuation Act''.

SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

    (a) In General.--Part A of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.) is 
amended--
            (1) by redesignating section 105 (47 U.S.C. 904) as section 
        106; and
            (2) by inserting after section 104 (47 U.S.C. 903) the 
        following:

``SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

    ``(a) Definitions.--In this section--
            ``(1) the term `covered band' means the band of frequencies 
        between 3 kilohertz and 95 gigahertz;
            ``(2) the term `Federal entity' has the meaning given the 
        term in section 113(l); and
            ``(3) the term `OMB' means the Office of Management and 
        Budget.
    ``(b) Estimates Required.--The NTIA, in consultation with the 
Commission and OMB, shall estimate the value of electromagnetic 
spectrum in the covered band that is assigned or otherwise allocated to 
each Federal entity as of the date of the estimate, in accordance with 
the schedule under subsection (c).
    ``(c) Schedule.--The NTIA shall conduct the estimates under 
subsection (b) for the frequencies between--
            ``(1) 3 kilohertz and 33 gigahertz not later than 1 year 
        after the date of enactment of this section, and every 3 years 
        thereafter;
            ``(2) 33 gigahertz and 66 gigahertz not later than 2 years 
        after the date of enactment of this section, and every 3 years 
        thereafter; and
            ``(3) 66 gigahertz and 95 gigahertz not later than 3 years 
        after the date of enactment of this section, and every 3 years 
        thereafter.
    ``(d) Basis for Estimate.--
            ``(1) In general.--The NTIA shall base each value estimate 
        under subsection (b) on the value that the electromagnetic 
        spectrum would have if the spectrum were reallocated for the 
        use with the highest potential value of licensed or unlicensed 
        commercial wireless services that do not have access to that 
        spectrum as of the date of the estimate.
            ``(2) Consideration of government capabilities.--In 
        estimating the value of spectrum under subsection (b), the NTIA 
        may consider the spectrum needs of commercial interests while 
        preserving the spectrum access necessary to satisfy mission 
        requirements and operations of Federal entities.
            ``(3) Dynamic scoring.--To the greatest extent practicable, 
        the NTIA shall incorporate dynamic scoring methodology into the 
        value estimate under subsection (b).
            ``(4) Disclosure.--
                    ``(A) In general.--Subject to subparagraph (B), the 
                NTIA shall publicly disclose how the NTIA arrived at 
                each value estimate under subsection (b), including any 
                findings made under paragraph (2) of this subsection.
                    ``(B) Classified, law enforcement-sensitive, and 
                proprietary information.--If any information involved 
                in a value estimate under subsection (b), including any 
                finding made under paragraph (2) of this subsection, is 
                classified, law enforcement-sensitive, or proprietary, 
                the NTIA--
                            ``(i) may not publicly disclose the 
                        classified, law enforcement-sensitive, or 
                        proprietary information; and
                            ``(ii) shall make the classified, law 
                        enforcement-sensitive, or proprietary 
                        information available to any Member of 
                        Congress, upon request, in a classified annex.
    ``(e) Agency Report on Value of Electromagnetic Spectrum.--A 
Federal entity that has been assigned or otherwise allocated use of 
electromagnetic spectrum within the covered band shall report the value 
of the spectrum as most recently estimated under subsection (b)--
            ``(1) in the budget of the Federal entity to be included in 
        the budget of the United States Government submitted by the 
        President under section 1105 of title 31, United States Code; 
        and
            ``(2) in the annual financial statement of the Federal 
        entity required to be filed under section 3515 of title 31, 
        United States Code.''.
    (b) Technical and Conforming Amendments.--Section 103(b) of the 
National Telecommunications and Information Administration Organization 
Act (47 U.S.C. 902(b)) is amended--
            (1) in paragraph (1), by striking ``section 105(d)'' and 
        inserting ``section 106(d)''; and
            (2) in paragraph (2), in the matter preceding subparagraph 
        (A), by striking ``section 105(d)'' and inserting ``section 
        106(d)''.
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