[Congressional Record Volume 141, Number 161 (Wednesday, October 18, 1995)]
[Senate]
[Pages S15290-S15291]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN:
  S. 1330. A bill to make available without fiscal year limitation the 
offsetting collections of the Federal Communications Commission for 
electromagnetic spectrum auctions; to the Committee on Commerce, 
Science, and Transportation.


      the spectrum auction offsetting collection availability act

 Mr. McCAIN. Mr. President, today I am introducing the Spectrum 
Auction Offsetting Collection Availability Act. This bill is simple and 
would save a fiscal problem currently being faced by the Federal 
Communications Commission [FCC].
  The FCC currently must expend funds in order to conduct spectrum 
auctions. When such auctions occur, the Commission is authorized to 
retain from the auction proceeds to offset the overhead costs of 
conducting the auction. This plan is logical and clearly benefits all 
concerned--especially the taxpayers.
  However, it has been brought to my attention that when an auction is 
conducted late in the fiscal year, and the revenues come in too late to 
be expended during that fiscal year, the Commission does not have the 
authority to use the funds collected. This creates an unintentional 
monetary crisis at the collected. This creates an unintentional 
monetary crisis at the FCC. Clearly, the FCC should be able to keep 
this money for more than 1 year in order to support spectrum auctions.
  Currently there is much debate as to whether we should cut the FCC's 
funding or not. That is a debate for another 

[[Page S 15291]]
day and quick passage of this bill should not be interpreted by any as 
an indication as to a Member's view on overall FCC funding levels. This 
bill simply allows the FCC to continue to conduct its auctions in a 
manner that does not require the use of appropriated funds.
  Similar language has already been added to both H.R. 1869, the FCC 
Authorization Act of 1995 and the proposed House Reconciliation bill. 
It is not controversial and makes common sense.
  I would hope that it would be passed by the Senate in the very near 
future or that it could be added to the first appropriate legislative 
vehicle moving on the Senate floor. I ask unanimous consent that the 
text of the bill appear in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1330

       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 Auction Offsetting 
     Collection Availability Act''.

     SEC. 2. AVAILABILITY OF FUNDS FROM SPECTRUM AUCTIONS.

       Section 309(j)(8)(B) of the Communications Act of 1934 (47 
     U.S.C. 309(j)(8)(B)) is amended by inserting after the second 
     sentence the following new sentence: ``Such offsetting 
     collections shall remain available until expended.''.
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