[Congressional Record (Bound Edition), Volume 157 (2011), Part 9]
[Senate]
[Pages 12164-12168]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 586. Mr. KIRK submitted an amendment intended to be proposed by 
him to the bill S. 1323, to express the sense of the Senate on shared 
sacrifice in resolving the budget deficit; which was ordered to lie on 
the table; as follows:

       At the end, add the following:

           TITLE II--MAXIMIZING SPECTRUM EFFICIENCE AND VALUE

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Maximizing Spectrum 
     Efficiency and Value Act of 2011''.

     SEC. 202. FINDINGS.

       Congress finds the following:
       (1) Demand for spectrum is sharply rising due to the 
     growing advanced network of communications devices that rely 
     on spectrum to transmit and receive information.
       (2) It is necessary for the United States to maintain its 
     investments in innovation of spectrum and broadband 
     infrastructure to ensure the United States is a global leader 
     in the wireless age.
       (3) Spectrum is a finite resource, and in order to spur 
     innovation, the United States must provide for better and 
     more efficient spectrum management.
       (4) Many spectrum holders do not efficiently use their 
     frequency assignments, and a re-structuring of the usable 
     spectrum is a viable solution to make up for this lost 
     opportunity.
       (5) Making available additional spectrum to meet the 
     demands of broadband technologies and services will prevent 
     dropped connections, blocked service, decreased connection 
     speed, and even higher prices for certain advanced 
     applications.
       (6) The availability of increased spectrum will allow 
     advanced technologies such as 4G mobile services, high-speed 
     wireless, high definition television, and more to continue 
     operating without network problems and interferences.
       (7) The United States public debt totals more than 
     $14,300,000,000,000.
       (8) Congress should look for ways to increase the 
     government's revenues without additional taxpayer burdens.
       (9) Auctioning spectrum is the most economically sound 
     method for accurate valuation and assignment of spectrum to 
     develop the next generation of wireless technologies, expand 
     broadband service to under served areas of our county, 
     develop an interoperable public safety network and reduce our 
     deficit.
       (10) Recent spectrum auctions in Germany and India raised a 
     combined $20,000,000,000.
       (11) Frequencies within the spectrum have substantial 
     market value and could raise near $30,000,000,000 in a public 
     auction.
       (12) Barriers such as regulatory and administrative delays 
     are not conducive to the free market approach and can hurt 
     innovation.
       (13) Government spectrum, while extremely important, is 
     vast and should be included in any spectrum reform 
     initiative.

     SEC. 203. AUTHORITY FOR INCENTIVE AUCTIONS.

       Section 309(j) of the Communications Act of 1934 (47 U.S.C. 
     309(j)) is amended--
       (1) in paragraph (3), by striking subparagraph (F) and 
     inserting the following:
       ``(F) for any auction of eligible frequencies described in 
     section 119(f)(1) of the National Telecommunications and 
     Information Administration Organization Act, the recovery of 
     110 percent of estimated relocation costs as provided to the 
     Commission under section 119(e)(1)(D)(iii) of the National 
     Telecommunications and Information Administration 
     Organization Act.''; and
       (2) in paragraph (8)--
       (A) in subparagraph (A), by striking ``subparagraphs (D), 
     and (E)'' and inserting ``subparagraphs (D), (E), and (F)''; 
     and
       (B) by adding at the end the following:
       ``(F) Voluntary incentive auction revenue sharing.--
       ``(i) In general.--Notwithstanding subparagraph (A) and 
     except as provided in subparagraphs (B) and (C), if the 
     Commission determines that it is consistent with the public 
     interest in utilization of the spectrum for a licensee to 
     relinquish voluntarily some or all of its licensed spectrum 
     usage rights in order to permit the assignment of new initial 
     licenses subject to new service rules, the proceeds from the 
     use of a competitive bidding system under this subsection in 
     granting such rights to another licensee shall be shared, in 
     an amount or percentage that the Commission considers 
     appropriate, with the licensee who voluntarily relinquished 
     such rights.
       ``(ii) Amounts deposited into the spectrum relocation 
     fund.--The Commission shall deposit in the Spectrum 
     Relocation Fund, established under section 118 of the 
     National Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) (47 U.S.C. 928), $13,000,000 
     of the proceeds described in clause (i) to carry out the 
     requirements of section 119(b) the National 
     Telecommunications and Information Administration 
     Organization Act.
       ``(iii) Amounts not shared deposited in treasury.--In any 
     case in which a licensee voluntarily relinquishes licensed 
     spectrum usage rights under clause (i), the Commission shall 
     deposit in the Treasury, where such amounts shall be 
     dedicated for the sole purpose of deficit reduction, any 
     portion of the proceeds described in clause (i) that the 
     Commission does not share with the licensee (except proceeds 
     retained under subparagraph (B), the deposits described in 
     subparagraph (C), and the deposits described in subparagraph 
     (F)(ii)).
       ``(iv) Establishment of rules.--Not later than 1 year after 
     the date of enactment of the Maximizing Spectrum Efficiency 
     and Value Act of 2011, the Commission shall establish rules 
     for the implementation of voluntary incentive auction revenue 
     sharing under this subparagraph.
       ``(v) Content of rules.--In establishing rules under clause 
     (iv), the Commission shall ensure that--

       ``(I) the rules--

       ``(aa) identify the initial spectrum band or bands that 
     will be eligible for incentive auctions under this 
     subparagraph;
       ``(bb) establish a maximum revenue sharing threshold 
     applicable to all licensees within any auction, unless the 
     establishment of such threshold would increase the amount of 
     spectrum cleared or would increase the net revenue from the 
     auction of such spectrum; and
       ``(cc) minimize the cost to the taxpayer of the transition 
     of the spectrum to be auctioned to its newly identified use; 
     and

       ``(II) any licensing conditions established are restricted 
     to interference, ethical, geographical, and qualifications of 
     licensees.

       ``(vi) Prohibitions.--

       ``(I) The Commission may not establish any licensing 
     condition relating to the Federal Communications Commission's 
     final order with regard to Preserving the Open Internet; 
     Broadband Industry Practices (GN Docket No. 09-191, WC Docket 
     No. 07-52)(adopted December 21, 2010).
       ``(II) The Commission may not restrict the number, type, or 
     specific bidders from participating in any public auction.
       ``(III) The Commission may not prescribe rates, terms, or 
     condition services that may be offered by bidders.
       ``(IV) The Commission may not impose any new license 
     requirements or rules on the successful bidders once the 
     public auction has been completed.

       ``(vii) Schedule for auctions.--

       ``(I) Initial auction.--The Commission shall commence 
     incentive auctions under this subparagraph not later than 2 
     years after the date of enactment of the Maximizing Spectrum 
     Efficiency and Value Act of 2011.
       ``(II) Other spectrum.--The Commission may, in its 
     discretion and at any time after the date of enactment of the 
     Maximizing Spectrum Efficiency and Value Act of 2011,

[[Page 12165]]

     use the authority provided in this subparagraph in connection 
     with the auction of other licensed spectrum, provided that 
     the auction of such other spectrum is conducted pursuant to 
     the rules established under this subparagraph.''.

     SEC. 204. FEDERAL SPECTRUM REALLOCATION COMMISSION.

       (a) In General.--Part B of title I of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 921 et seq.) is amended by adding 
     at the end the following:

     ``SEC. 119. FEDERAL SPECTRUM REALLOCATION COMMISSION.

       ``(a) Definitions.--In this section--
       ``(1) the term `Chairperson' means the chairperson of the 
     Reallocation Commission designated under subsection 
     (b)(3)(B);
       ``(2) the term `Director' means the Director of the 
     Reallocation Commission appointed under subsection (b)(5);
       ``(3) the term `executive agency' has the meaning given the 
     term in section 105 of title 5, United States Code;
       ``(4) the term `Federal entity' means any department, 
     agency, or other instrumentality of the Federal Government 
     that utilizes a Government station license obtained under 
     section 305 of the Telecommunications Act of 1934 (47 U.S.C. 
     305);
       ``(5) the term `Reallocation Commission' means the Federal 
     Spectrum Reallocation Commission established under subsection 
     (b)(1); and
       ``(6) the term `relocation costs'--
       ``(A) 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; and
       ``(B) includes--
       ``(i) the costs of any modification or replacement of 
     equipment, software, facilities, operating manuals, training 
     costs, or regulations that are attributable to relocation;
       ``(ii) 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;
       ``(iii) the costs of engineering studies, economic 
     analyses, or other expenses reasonably incurred in 
     calculating the estimated relocation costs that are provided 
     to the Commission under subsection (e)(3)(C) and approved by 
     the Office of Management and Budget under subsection 
     (e)(3)(D);
       ``(iv) 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 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
       ``(v) 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.
       ``(b) Commission.--
       ``(1) Establishment.--There is established an independent 
     commission to be known as the `Federal Spectrum Reallocation 
     Commission'.
       ``(2) Duties.--The Reallocation Commission shall carry out 
     the duties described in this section.
       ``(3) Membership.--
       ``(A) Appointments.--
       ``(i) In general.--The Reallocation Commission shall be 
     composed of 9 members appointed by the President, with the 
     advice and consent of the Senate.
       ``(ii) Requirements for membership.--

       ``(I) In general.--Of the 9 members appointed by the 
     President under clause (i)--

       ``(aa) not more than 1 member may be a current employee or 
     contractor of the Department of Defense;
       ``(bb) not more than 1 member may be former employee or 
     contractor of the Department of Defense;
       ``(cc) not less than 1 member shall be a representative of 
     the commercial mobile technology industry; and
       ``(dd) not less than 1 member shall be a representative 
     from a standards setting-body that is accredited by the 
     American National Standards Institute to develop voluntary 
     industry standards.

       ``(II) Private sector representation.--In making 
     appointments under clause (i), the President shall ensure 
     that there is robust private sector representation on the 
     Reallocation Commission.

       ``(iii) Transmission of nominations.--Not later than 180 
     days after the date of enactment of the Maximizing Spectrum 
     Efficiency and Value Act of 2011, the President shall 
     transmit to the Senate the nominations for appointment to the 
     Commission.
       ``(iv) Consultation.--In selecting individuals for 
     nominations for appointments to the Reallocation Commission, 
     the President shall consult with--

       ``(I) the Speaker of the House of Representatives 
     concerning the appointment of 2 members;
       ``(II) the majority leader of the Senate concerning the 
     appointment of 2 member;
       ``(III) the minority leader of the House of Representatives 
     concerning the appointment of 1 member; and
       ``(IV) the minority leader of the Senate concerning the 
     appointment of 1 member.

       ``(v) Nonpolitical nature of appointment.--No political 
     test or qualification may be used in selecting, appointing, 
     promoting, or taking other personnel actions with respect to 
     officers, agents, or employees of the Reallocation 
     Commission.
       ``(B) Chairperson.--At the time the President nominates 
     individuals for appointments under subparagraph (A), the 
     President shall designate 1 of the individuals nominated to 
     serve as the Chairperson of the Reallocation Commission.
       ``(C) Terms.--
       ``(i) In general.--Each member of the Reallocation 
     Commission may serve until the Commission sunsets.
       ``(ii) Chairperson.--The Chairperson shall serve until the 
     confirmation of a successor.
       ``(iii) Vacancies.--Any vacancy in the Reallocation 
     Commission shall be filled in the same manner as the original 
     appointment.
       ``(D) Compensation of members.--
       ``(i) In general.--Each member, other than the Chairperson, 
     shall be paid at a rate equal to the daily equivalent of the 
     minimum annual rate of basic pay payable for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the actual performance of 
     duties vested in the Reallocation Commission.
       ``(ii) Chairperson.--The Chairperson shall be paid for each 
     day referred to in clause (i) at a rate equal to the daily 
     equivalent of the minimum annual rate of basic pay payable 
     for level III of the Executive Schedule under section 5314 of 
     title 5, United States Code.
       ``(4) Meetings.--
       ``(A) In general.--Each meeting of the Reallocation 
     Commission, other than meetings in which classified 
     information is to be discussed, shall be open to the public.
       ``(B) Access to information.--All the proceedings, 
     information, and deliberations of the Commission shall be 
     open, upon request to--
       ``(i) the Chairman and the ranking member of the 
     Subcommittee on Communications, Technology, and the Internet 
     of the Committee on Commerce, Science, and Transportation of 
     the Senate, or such other members of the Subcommittee 
     designated by the Chairman or ranking member of the 
     Subcommittee;
       ``(ii) the Chairman and the ranking member of the 
     Subcommittee on Communications and Technology of the 
     Committee on Energy and Commerce of the House of 
     Representatives, or such other members of the Subcommittee 
     designated by the Chairman or ranking member of the 
     Subcommittee; and
       ``(iii) the Chairmen and ranking members of the 
     Subcommittees on Commerce, Justice and Science, and Financial 
     Services and General Government of the Committees on 
     Appropriations of the Senate and of the House of 
     Representatives, or such other members of the Subcommittees 
     designated by such Chairmen or ranking minority party 
     members.
       ``(5) Director of staff.--
       ``(A) In general.--The Reallocation Commission shall, 
     without regard to section 5311(b) of title 5, United States 
     Code, appoint a Director.
       ``(B) Pay.--The Director shall be paid at the rate of basic 
     pay payable for level IV of the Executive Schedule under 
     section 5315 of title 5, United States Code.
       ``(6) Staff.--
       ``(A) In general.--Subject to subparagraphs (B) and (C), 
     the Director, with the approval of the Reallocation 
     Commission, may appoint and fix the pay of additional 
     personnel as may be necessary to enable the Reallocation 
     Commission to perform the duties of the Reallocation 
     Commission.
       ``(B) Limitation.--The Director may make such appointments 
     without regard to the provisions of title 5, United States 
     Code, governing appointments in the competitive service, and 
     any personnel so appointed may be paid without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     that title relating to classification and General Schedule 
     pay rates, except that an individual appointed under this 
     paragraph may not receive pay in excess of the annual rate of 
     basic pay payable for GS-18 of the General Schedule.
       ``(C) Detail of government employees.--Upon request of the 
     Director, the Secretary of Commerce may detail any of the 
     personnel of the Department of Commerce to the Reallocation 
     Commission to assist the Reallocation Commission in carrying 
     out its duties.
       ``(D) GAO agreement.--The Comptroller General of the United 
     States shall provide assistance, including the detailing of 
     employees, to the Reallocation Commission in accordance with 
     an agreement entered into with the Reallocation Commission.
       ``(7) Procurement of temporary and intermittent services.--
     The Chairperson may procure temporary and intermittent

[[Page 12166]]

     services under section 3109 of title 5, United States Code, 
     at rates for individuals which do not exceed the daily 
     equivalent of the annual rate of basic pay prescribed for 
     level V of the Executive Schedule under section 5316 of title 
     5, United States Code.
       ``(8) Other authority.--The Chairperson may lease space and 
     acquire personal property to the extent funds are available.
       ``(9) Funding.--There are authorized to be transferred to 
     the Reallocation Commission from the Spectrum Relocation Fund 
     $13,000,000 to carry out the duties of the Reallocation 
     Commission under this subsection, and such funds shall remain 
     available until the term of the Reallocation Commission 
     sunsets. The funds remaining after the sunset of the 
     Commission shall be returned to the Treasury for the sole 
     purpose of deficit reduction.
       ``(10) Postal and printing services.--The Commission may 
     use the United States mails and obtain printing and binding 
     services in the same manner and under the same conditions as 
     other agencies of the United States.
       ``(11) Sunset.--Section 119(b) is repealed effective 60 
     days after the President submits his approval of the 
     Reallocation Commission recommendations, pursuant to 
     subsection (d)(4)(B).
       ``(12) Obtaining information.--The Reallocation Commission 
     may secure directly from any agency or department of the 
     United States information necessary to enable it to carry out 
     its duties under this section. Upon request of any member, 
     the head of that agency or department shall furnish that 
     information to the Commission in a full and timely manner.
       ``(c) Spectrum Utilization Plan.--
       ``(1) In general.--As part of the budget justification 
     documents submitted to Congress in support of the budget for 
     each fiscal year, the head of each Federal entity shall 
     include a spectrum utilization plan.
       ``(2) Contents.--A spectrum utilization plan submitted 
     under paragraph (1) shall include--
       ``(A) the total spectrum authorized for the entity (in 
     percentage terms and in sum) in each band the entity uses;
       ``(B) the approximate number of transmitters, end-user 
     terminals, or receivers, excluding unintended radiators, that 
     have been deployed or authorized;
       ``(C) if such information is available--
       ``(i) the type of transmitters, end-user terminals, or 
     receivers, excluding unintended radiators, operated by the 
     entity and whether they are space-, air-, or ground-based;
       ``(ii) the type of transmitters, end-user terminals, or 
     receivers, excluding unintended radiators, authorized to be 
     operated by the entity and whether they are space, air, or 
     ground-based;
       ``(iii) contour maps or other information that illustrate 
     the coverage area, receiver performance, and other parameters 
     relevant to an assessment of the availability of spectrum in 
     each band used by the entity;
       ``(iv) the approximate geolocation of base stations or 
     fixed transmitters;
       ``(v) the approximate extent of use, by geography, of each 
     band of frequencies, such as the amount and percentage of 
     time of use, number of end-users, or other measures as 
     appropriate to the particular band;
       ``(vi) the activities, capabilities, functions, or missions 
     supported by the transmitters, end-user terminals, or 
     receivers; and
       ``(vii) the types of unlicensed devices authorized to 
     operated by the entity;
       ``(D) the opportunity cost borne by the entity for each 
     spectrum band the entity uses;
       ``(E) the planned uses of technologies or expanded services 
     requiring spectrum of a period of time agreed to by the 
     entity; and
       ``(F) suggested spectrum-efficient approaches to meeting 
     the spectrum requirements identified under subparagraph (E).
       ``(3) Requirement.--The head of each Federal entity 
     required to submit a spectrum utilization plan under 
     paragraph (1) shall submit a copy of each plan submitted 
     under paragraph (1) to the Reallocation Commission, the 
     Secretary of Commerce, and the NTIA.
       ``(4) National security; classified information.--
       ``(A) In general.--If the head of a Federal agency 
     determines that disclosure of information required under 
     paragraph (1) would be harmful to the national security of 
     the United States, the agency shall--
       ``(i) notify the Secretary of Commerce of such 
     determination;
       ``(ii) provide to the Secretary--

       ``(I) the other publicly releasable information required by 
     paragraph (1);
       ``(II) to the maximum extent practicable, a summary 
     description of the information with respect to which the 
     determination was made; and
       ``(III) an annex containing the information with respect to 
     which the determination was made.

       ``(B) Classified information.--If the head of a Federal 
     agency determines that any information required by paragraph 
     (1) is classified in accordance with Executive Order 13526 of 
     December 29, 2009, or any successor Executive Order 
     establishing or modifying the uniform system for classifying, 
     safeguarding, and declassifying national security 
     information, the agency shall--
       ``(i) notify the Secretary of such determination;
       ``(ii) provide to the Secretary--

       ``(I) the information required by paragraph (1) that is not 
     classified;
       ``(II) to the maximum extent practicable, a summary 
     description of the information that is classified; and
       ``(III) an annex containing the information that is 
     classified.

       ``(C) Annex restriction.--The Secretary shall make an annex 
     described in subparagraph (A)(ii)(III) or (B)(ii)(III) 
     available to the NTIA and the Relocation Commission. The 
     NTIA, the Secretary, and the Relocation Commission shall not 
     make any such annex available to the public or to any 
     unauthorized person through any other means.
       ``(d) Procedure for Making Recommendations for Spectrum 
     Reallocation.--
       ``(1) Commerce recommendations.--Not later than 18 months 
     after the President submits the budget documents that include 
     spectrum utilization plans described in subsection (c) to 
     Congress for the first fiscal year following the date of 
     enactment of this section, the Secretary shall prepare and 
     submit to the appropriate congressional committees, the 
     Comptroller General of the United States, and the 
     Reallocation Commission a report identifying and recommending 
     for reallocation bands of frequencies--
       ``(A) that are allocated on a primary basis for Federal 
     Government use;
       ``(B) that are not required for the needs of the Federal 
     Government at the time the report is submitted, or in the 
     identifiable future; and
       ``(C) that can feasibly be made available, as of the date 
     of submission of the report or at any time during the 5 year 
     period beginning on the date on which the report is 
     submitted, for use under section 309(j) the Communications 
     Act of 1934 (47 U.S.C. 309(j)).
       ``(2) Criteria for identification.--
       ``(A) Needs of the federal government.--In determining 
     whether a band of frequencies meets the criteria specified 
     under paragraph (1)(B), the Secretary shall--
       ``(i) consider whether--

       ``(I) the band of frequencies is used to provide a 
     communications service that is or could be available from a 
     commercial provider or other vendor; or
       ``(II) the communications services provided on such 
     frequencies could be relocated to other frequencies used by 
     the Federal Government;

       ``(ii) seek to promote--

       ``(I) the maximum practicable reliance on commercially 
     available substitutes;
       ``(II) the efficient use of spectrum by Federal Government 
     stations;
       ``(III) the development and use of new communications 
     technologies; and
       ``(IV) the use of nonradiating communications systems where 
     practicable; and

       ``(iii) seek to avoid--

       ``(I) serious degradation of Federal Government services 
     and operations;
       ``(II) excessive costs to the Federal Government and users 
     of Federal Government services; and
       ``(III) excessive disruption of existing use of Federal 
     Government frequencies by amateur radio licensees.

       ``(B) Limitation on reallocation.--None of the frequencies 
     recommended for reallocation under paragraph (1) shall have 
     been required or scheduled for previous reallocation.
       ``(C) Direct discussions.--
       ``(i) In general.--The Secretary shall encourage and 
     provide opportunity for direct discussions among commercial 
     representatives and Federal Government users of the spectrum 
     to aid the Secretary in determining which frequencies to 
     recommend for reallocation under paragraph (1).
       ``(ii) Hearings and public comment.--As part of the review 
     required under clause (i), the Reallocation Commission shall 
     conduct public hearings and accept public comment on the 
     recommendations. All testimony before the Reallocation 
     Commission at a public hearing conducted under this clause 
     shall be presented under oath. All testimony and public 
     comments collected under this clause shall be made available 
     on a public website.
       ``(iii) Representation.--A representative of the 
     Reallocation Commission, and of the Secretary at the election 
     of the Secretary, shall be permitted to attend any discussion 
     held under clause (i).
       ``(iv) Comment.--The Secretary shall provide the public and 
     the Reallocation Commission with an opportunity to comment on 
     the results of a discussion held under clause (i) before the 
     Secretary submits the recommendation required under paragraph 
     (1).
       ``(3) Review and recommendations by the reallocation 
     commission.--
       ``(A) Review.--
       ``(i) In general.--After receiving the recommendations from 
     the Secretary under paragraph (1), the Reallocation 
     Commission shall review the recommendations.
       ``(ii) Hearings.--As part of the review required under 
     clause (i), the Reallocation Commission shall conduct public 
     hearings on the recommendations. All testimony before the 
     Reallocation Commission at a public hearing conducted under 
     this clause shall be presented under oath.
       ``(B) Recommendations.--

[[Page 12167]]

       ``(i) In general.--Not later than 180 days after the 
     Secretary submits recommendations under paragraph (1) to the 
     Reallocation Commission, the Reallocation Commission shall 
     submit to the President and the appropriate congressional 
     committees a report on the findings and conclusions of the 
     Reallocation Commission from the review conducted under 
     subparagraph (A), including any recommendations for Federal 
     spectrum reallocation.
       ``(ii) Requirement.--A report submitted under clause (i) 
     shall contain an explanation and justification of any 
     recommendation of Federal spectrum reallocation included in 
     the report that is different from the recommendations 
     submitted by the Secretary under paragraph (1).
       ``(C) Transmission of information to congress.--After the 
     Reallocation Commission submits recommendations to the 
     President under subparagraph (B), upon request by a Member of 
     Congress, the Reallocation Commission shall submit to the 
     Member of Congress any information used by the Reallocation 
     Commission in making the recommendations.
       ``(D) GAO requirements.--The Comptroller General of the 
     United States shall--
       ``(i) assist the Reallocation Commission, to the extent 
     requested, in the review and analysis of the recommendations 
     made by the Secretary required to be conducted under 
     subparagraph (A); and
       ``(ii) not later than 90 days after the Secretary makes 
     recommendations under paragraph (1), submit to Congress and 
     to the Reallocation Commission a report that contains a 
     detailed analysis of the recommendations and selection 
     process of the Secretary.
       ``(4) Review by the president.--
       ``(A) In general.--Not later than 30 days after the 
     Reallocation Commission submits recommendations for Federal 
     spectrum reallocation under paragraph (3)(B), the President 
     shall--
       ``(i) determine whether to approve the recommendations made 
     by the Reallocation Commission; and
       ``(ii) submit to Congress and the Reallocation Commission a 
     report that describes the determination made under clause 
     (i).
       ``(B) Approval.--If the President approves the 
     recommendations under clause (i), the President shall 
     transmit a copy of the recommendations to Congress.
       ``(C) Disapproval.--
       ``(i) In general.--If the President disapproves the 
     recommendations under clause (i), the President shall submit 
     to Congress and to the Reallocation Commission a report that 
     describes the reasons that the President disapproves of the 
     recommendations.
       ``(ii) Reallocation commission revisions.--Not later than 
     60 days after the President submits to the Reallocation 
     Commission a report under clause (i), the Reallocation 
     Commission shall submit to the President a revised list of 
     recommendations for reallocation of Federal spectrum.
       ``(iii) Approval and disapproval of revisions.--

       ``(I) Approval.--If the President approves the revised list 
     of recommendations submitted by the Reallocation Commission 
     under clause (ii), the President shall submit the revised 
     list to Congress.
       ``(II) Disapproval.--If the President disapproves the 
     revised list of recommendations submitted by the Reallocation 
     Commission under clause (ii), the President and the 
     Reallocation Commission shall complete the requirements 
     described in clauses (i) and (ii) until the President 
     approves recommendations from the Reallocation Commission.

       ``(5) Public disclosure and nondisclosure.--
       ``(A) In general.--If the head of an executive agency, the 
     Chairperson, or the President determines that public 
     disclosure of any information contained in the reports, 
     recommendations, testimony, or comments required under this 
     section would reveal classified national security information 
     or other information for which there is a legal basis for 
     nondisclosure and such public disclosure would be detrimental 
     to national security, homeland security, public safety, or 
     jeopardize law enforcement investigations, the head of the 
     executive agency, the Chairperson, or the President shall 
     notify the Secretary of that determination prior to release 
     of such information.
       ``(B) Annex.--
       ``(i) In general.--If the head of an executive agency, the 
     Chairperson, or the President notified the Secretary of a 
     determination under subparagraph (A), the information 
     required to be disclosed under this section shall be included 
     in a separate classified annex, as needed.
       ``(ii) Requirement.--A classified annex described under 
     clause (i)--

       ``(I) shall be provided to the appropriate Congressional 
     subcommittees in accordance with appropriate national 
     security stipulations; and
       ``(II) shall not be disclosed to the public or provided to 
     any unauthorized person through any other means.

       ``(e) Reallocation of Federal Spectrum.--
       ``(1) Agency action.--
       ``(A) NTIA requirement.--Not later than 180 days after the 
     date on which the President submits approved recommendations 
     for the reallocation of Federal spectrum to Congress under 
     subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the 
     NTIA shall provide to each Federal entity that is required to 
     take action under the recommendations information regarding 
     an alternative frequency assignment to which the radio 
     communications operations of the Federal entity could be 
     relocated for purposes of calculating the estimated 
     relocation costs and time line required under subparagraph 
     (C).
       ``(B) Requirement.--To the extent practicable and 
     consistent with national security considerations, the NTIA 
     shall provide the information described in paragraph (1) by 
     the geographic location of the facilities or systems of the 
     Federal entity and the frequency bands used by the facilities 
     or systems.
       ``(C) Implementation plan.--
       ``(i) In general.--Not later than 1 year after the date on 
     which the President submits approved recommendations for the 
     reallocation of Federal spectrum to Congress under 
     subparagraph (B) or (C) (iii)(I) of subsection (d)(4), the 
     head of each Federal entity required to relocate spectrum 
     under the recommendations shall prepare and submit to the 
     President, the Committee on Appropriations and the Committee 
     on Commerce, Science, and Transportation of the Senate, the 
     Committee on Appropriations and the Committee on Energy and 
     Commerce of the House of Representatives, the NTIA, the 
     Federal Communications Commission, the Office of Management 
     and Budget, and the Comptroller General of the United States 
     a plan for implementation of the recommendations related to 
     the Federal entity.
       ``(ii) Contents.--An implementation plan submitted under 
     clause (i) shall include--

       ``(I) a description of how the Federal entity will comply 
     with the approved recommendations for the reallocation of 
     Federal spectrum submitted to Congress under subparagraph (B) 
     or (C)(iii)(I) of subsection (d)(4);
       ``(II) any statutory or regulatory barriers that will 
     prohibit the Federal entity from complying with the 
     recommendations described in subclause (I);
       ``(III) the estimated cost to the Federal entity of 
     frequency withdrawal or relocation; and
       ``(IV) the estimated timeline of the Federal entity for 
     frequency withdrawal or relocation.

       ``(D) Review of implementation plan.--
       ``(i) In general.--Not later than 30 days after the date on 
     which the plan is submitted under subparagraph (C), the 
     Office of Management and Budget shall review the 
     implementation plan and determine whether to approve the 
     plan.
       ``(ii) Disapproval.--If an implementation plan submitted 
     under subparagraph (C) is disapproved by the Office of 
     Management and Budget, the Federal entity shall submit a 
     revised implementation plan under paragraph (3)(A) until the 
     implementation plan is approved.
       ``(iii) Approval of all plans.--Not later than 7 days after 
     the date on which the Office of Management and Budget 
     approves the plans submitted under paragraph (3)(C), the 
     Office of Management and Budget shall notify the Federal 
     Communications Commission of the estimated relocation costs 
     and timelines of all Federal entities required to submit a 
     plan under paragraph (3)(C).
       ``(iv) Review of progress.--At the beginning of each fiscal 
     year following approval of a plan required under subparagraph 
     (C), the Office of Management and Budget shall review the 
     progress of each Federal entity in meeting the cost and 
     timelines of the implementation plan. If at any point, the 
     Office of Management and Budget determines the Federal entity 
     will not meet the implementation plan timelines or cost, the 
     Office of Management and Budget shall take action to enforce 
     the approved plan.
       ``(E) Compliance.--
       ``(i) Initiation of required action.--Not later than 2 
     years after the date which the President submits approved 
     recommendations for the reallocation of Federal spectrum to 
     Congress under subparagraph (B) or (C)(iii)(I) of subsection 
     (d)(4), the head of each agency shall initiate all such 
     actions required to comply with the approved recommendations.
       ``(ii) Completion of required action.--Not later than 5 
     years after the date which the President submits approved 
     recommendations for the reallocation of Federal spectrum to 
     Congress under subparagraph (B) or (C)(iii)(I) of subsection 
     (d)(4), the head of each agency shall complete all such 
     actions required to comply with the approved recommendations.
       ``(2) Congressional disapproval.--
       ``(A) In general.--No agency may initiate any action in 
     accordance with the approved recommendations for the 
     reallocation of Federal spectrum submitted to Congress by the 
     President under subparagraph (B) or (C)(iii)(I) of subsection 
     (d)(4) if Congress enacts a joint resolution disapproving the 
     recommendations before the earlier of--
       ``(i) the end of the 45-day period beginning on the date on 
     which the President submits the recommendations to Congress 
     under subparagraph (B) or (C)(iii)(I) of subsection (d)(4); 
     or
       ``(ii) the adjournment of Congress sine die for the session 
     during which the recommendations described in clause (i) are 
     submitted.

[[Page 12168]]

       ``(B) Computation of time period.--For the purpose of 
     subparagraph (A), the days on which either the Senate or the 
     House of Representatives is not in session because of an 
     adjournment for more than 3 days to a day certain shall be 
     excluded in the computation of the time period described in 
     subparagraph (A)(i).
       ``(3) Notification of successful relocation.--The President 
     shall terminate the authorization of a Federal entity and 
     notify the Secretary and the Federal Communications 
     Commission of the termination if--
       ``(A) the NTIA determines that a Federal entity has 
     achieved comparable capability of systems by relocating to a 
     new frequency assignment or by utilizing an alternative 
     technology; or
       ``(B) the Federal entity has unreasonably failed to comply 
     with the timeline for relocation submitted by the Federal 
     entity under paragraph (1)(C).
       ``(f) Auction of Available Frequencies.--
       ``(1) In general.--Not later than 18 months after the date 
     on which the President submits approved recommendations for 
     the reallocation of Federal spectrum to Congress under 
     subparagraph (B) or (C)(iii)(I) of subsection (d)(4), the 
     Federal Communications Commission shall establish rules for 
     the conduct of auctions of frequencies that will be made 
     available according to the recommendations for the 
     reallocation of Federal spectrum for assignment of new 
     initial licenses subject to new service rules or for other 
     purposes, in which a portion of the auction proceeds are 
     provided to the Spectrum Relocation Fund, consistent with the 
     public interest in maximizing utilization of the spectrum. 
     The remainder of the proceeds shall be deposited in the 
     Treasury, where such amounts shall be dedicated for the sole 
     purpose of deficit reduction.
       ``(2) Requirement.--In promulgating rules under paragraph 
     (1), the Federal Communications Commission shall--
       ``(A) minimize the cost to the taxpayer of the transition 
     of the spectrum to be auctioned to its newly identified use;
       ``(B) ensure that any licensing conditions established are 
     restricted to technical, ethical, geographic, and financial 
     matters; and
       ``(C) establish rules in accordance with section 
     309(j)(8)(F)(vi) of the Communications Act of 1934 (47 U.S.C. 
     309(j)(8)(F)(vi)).
       ``(3) Schedule for auctions.--Not later than 3 years after 
     the date on which the President submits approved 
     recommendations for the reallocation of Federal spectrum to 
     Congress under subparagraph (B) or (C)(iii)(I) of subsection 
     (d)(4), the Federal Communications Commission shall commence 
     auctions under this subsection.
       ``(g) Relocation of Federal Government Stations.--
       ``(1) Eligible federal entities.--Any Federal entity that 
     operates a Federal Government station assigned to a band of 
     frequencies and that incurs relocation costs because of the 
     reallocation of frequencies from Federal use to non-Federal 
     use pursuant to this section shall receive payment for such 
     costs from the Spectrum Relocation Fund, in accordance with 
     section 118.
       ``(2) Federal action to expedite spectrum transfer.--Any 
     Federal Government station which operates on electromagnetic 
     spectrum that has been identified in any reallocation report 
     under this section shall, to the maximum extent practicable 
     through the use of the authority granted under this section 
     and any other applicable provision of law, take action to 
     relocate its spectrum use to other frequencies that are 
     reserved for Federal use or to consolidate its spectrum use 
     with other Federal Government stations in a manner that 
     maximizes the spectrum available for non-Federal use.
       ``(3) Failure to comply.--If a Federal entity does not 
     comply with the timeline established in the implementation 
     plan required under subsection (e)(C), Congress may decrease 
     the amount appropriated to the entity in the following fiscal 
     year by up to \1/2\ of 1 percent.''.
       (b) Technical and Conforming Amendments.--
       (1) Section 309(j) of the telecommunications act of 1934.--
     Section 309(j) is amended--
       (A) in paragraph (8), as amended by this Act, by striking 
     subparagraph (D) and inserting the following:
       ``(D) Disposition of cash proceeds.--Cash proceeds 
     attributable to the auction of any eligible frequencies 
     described in section 119(f)(1) of the National 
     Telecommunications and Information Administration 
     Organization Act shall be deposited in the Spectrum 
     Relocation Fund established under section 118 of such Act, 
     and shall be available in accordance with that section.''; 
     and
       (B) in paragraph (16)--
       (i) by striking paragraphs (A) and (B) and inserting the 
     following:
       ``(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 119(f)(1) of the National Telecommunications and 
     Information Administration Organization Act shall at least 
     equal 110 percent of the total estimated relocation costs 
     provided to the Commission pursuant to section 
     119(e)(1)(D)(iii) of such Act.
       ``(B) Conclusion of auctions contingent on minimum 
     proceeds.--The Commission shall not conclude any auction of 
     eligible frequencies described in section 119(f)(1) 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 
     119(e)(1)(D)(iii) 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.''.
       (2) Spectrum relocation fund.--Section 118 of the National 
     Telecommunications and Information Administration 
     Organization Act (47 U.S.C. 928) is amended striking 
     subsection (c) and inserting the following:
       ``(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 defined in section 
     119(a)(5), of an eligible Federal entity incurring such costs 
     with respect to relocation from those frequencies.''.
                                 ______
                                 
  SA 587. Mr. BROWN of Ohio (for himself, Mr. Rockefeller, Mr. Sanders, 
and Ms. Collins) proposed an amendment to the bill S. 1188, to require 
the purchase of domestically made flags of the United States of America 
for use by the Federal Government; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``All-American Flag Act''.

     SEC. 2. REQUIREMENT FOR PURCHASE OF DOMESTICALLY MADE UNITED 
                   STATES FLAGS FOR USE BY FEDERAL GOVERNMENT.

       (a) In General.--Except as provided under subsection (b), 
     only such flags of the United States of America, regardless 
     of size, that are 100 percent manufactured in the United 
     States, from articles, materials, or supplies 100 percent of 
     which are grown, produced, or manufactured in the United 
     States, may be acquired for use by the Federal Government.
       (b) Waiver.--The head of an executive agency may waive the 
     requirement under subsection (a) on a case-by-case basis upon 
     a determination that--
       (1) the application of the limitation would cause 
     unreasonable costs or delays to be incurred; or
       (2) application of the limitation would adversely affect a 
     United States company.
       (c) Amendment of Federal Acquisition Regulation.--Not later 
     than 180 days after the date of the enactment of this Act, 
     the Federal Acquisition Regulatory Council established under 
     section 1302 of title 41, United States Code, shall amend the 
     Federal Acquisition Regulation to implement this section.
       (d) Definitions.--In this section:
       (1) Executive agency.--The term ``executive agency'' has 
     the meaning given the term in section 133 of title 41, United 
     States Code.
       (2) Federal acquisition regulation.--The term ``Federal 
     Acquisition Regulation'' has the meaning given the term in 
     section 106 of title 41, United States Code.

     SEC. 3. EFFECTIVE DATE.

       Section 2 shall apply to purchases of flags made on or 
     after 180 days after the date of the enactment of this Act.

     SEC. 4. CONSISTENCY WITH INTERNATIONAL AGREEMENTS.

       This Act shall be applied in a manner consistent with 
     United States obligations under international agreements.

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