[Congressional Record Volume 167, Number 137 (Monday, August 2, 2021)]
[Senate]
[Page S5664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2264. Mr. LEE submitted an amendment intended to be proposed to 
amendment SA 2137 proposed by Mr. Schumer (for Ms. Sinema (for herself, 
Mr. Portman, Mr. Manchin, Mr. Cassidy, Mrs. Shaheen, Ms. Collins, Mr. 
Tester, Ms. Murkowski, Mr. Warner, and Mr. Romney)) to the bill H.R. 
3684, to authorize funds for Federal-aid highways, highway safety 
programs, and transit programs, and for other purposes; which was 
ordered to lie on the table; as follows:

        At the appropriate place in division F, insert the 
     following:

     SEC. _____. 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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