[Congressional Record Volume 169, Number 119 (Wednesday, July 12, 2023)]
[Senate]
[Page S2373]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 163. Mr. LEE submitted an amendment intended to be proposed by him 
to the bill S. 2226, to authorize appropriations for fiscal year 2024 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title X, insert the following:

               Subtitle __--Spectrum Valuation and Audit

     SEC. __01. 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 Assistant Secretary, 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 Assistant Secretary 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 Assistant Secretary 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 
     Assistant Secretary 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 Assistant Secretary shall incorporate dynamic scoring 
     methodology into the value estimate under subsection (b).
       ``(4) Disclosure.--
       ``(A) In general.--Subject to subparagraph (B), the 
     Assistant Secretary shall publicly disclose how the Assistant 
     Secretary 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 Assistant 
     Secretary--
       ``(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)''.

     SEC. __02. DEPARTMENT OF DEFENSE SPECTRUM AUDIT.

       (a) Definitions.--In this section--
       (1) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (2) the term ``Department'' means the Department of 
     Defense; and
       (3) the term ``Federal entity'' has the meaning given the 
     term in section 113(l) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(l)).
       (b) Audit and Report.--Not later than 18 months after the 
     date of enactment of this Act, the Assistant Secretary, in 
     consultation with the Secretary of Defense, shall--
       (1) conduct an audit of the electromagnetic spectrum that 
     is assigned or otherwise allocated to the Department as of 
     the date of the audit; and
       (2) submit to Congress, and make available to each Member 
     of Congress upon request, a report containing the results of 
     the audit conducted under paragraph (1).
       (c) Contents of Report.--The Assistant Secretary shall 
     include in the report submitted under subsection (b)(2), with 
     respect to the electromagnetic spectrum that is assigned or 
     otherwise allocated to the Department as of the date of the 
     audit--
       (1) each particular band of spectrum being used by the 
     Department;
       (2) a description of each purpose for which a particular 
     band described in paragraph (1) is being used, and how much 
     of the band is being used for that purpose;
       (3) the State or other geographic area in which a 
     particular band described in paragraph (1) is assigned or 
     allocated for use;
       (4) whether a particular band described in paragraph (1) is 
     used exclusively by the Department or shared with another 
     Federal entity or a non-Federal entity; and
       (5) any portion of the spectrum that is not being used by 
     the Department.
       (d) Form of Report.--The report required under subsection 
     (b)(2) shall be submitted in unclassified form but may 
     include a classified annex.
                                 ______