[Congressional Record Volume 150, Number 135 (Saturday, November 20, 2004)]
[House]
[Pages H10219-H10223]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ENSURING NEEDED HELP ARRIVES NEAR CALLERS EMPLOYING 911 ACT OF 2004

  Mr. PICKERING. Mr. Speaker, I ask unanimous consent that the 
Committee on Energy and Commerce be discharged from further 
consideration of the bill (H.R. 5419) 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

[[Page H10220]]

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, and ask for its immediate consideration in the 
House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Mississippi?
  There was no objection.
  The Clerk read the bill, as follows:

                               H.R. 5419

       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 E911 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 90 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 1 SO 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 E911 
     Implementation Coordination Office.
       ``(2) Administration.--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(1) of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450b(1))).
       ``(B) Instrumentalities.--Such term includes public 
     authorities, boards, commissions, and similar bodies created 
     by one or

[[Page H10221]]

     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(8)) 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 IS 
     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 radio communications 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

[[Page H10222]]

     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(8)(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 de fined 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 xvill 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  deg.-ill 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(8)(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

[[Page H10223]]

     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 bid ding,

     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).

  The bill was ordered to be engrossed and read a third time, was read 
the third time, and passed, and a motion to reconsider was laid on the 
table.

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