[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 999 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 999
To require the National Telecommunications and Information
Administration to estimate the value of electromagnetic spectrum
assigned or otherwise allocated to Federal entities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 28, 2023
Mr. Lee introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To require the National Telecommunications and Information
Administration to estimate the value of electromagnetic spectrum
assigned or otherwise allocated to Federal entities.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Government Spectrum Valuation Act''.
SEC. 2. 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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