II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Government Spectrum 

5 Valuation Act’’. 


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1 SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPEC2 TRUM. 

3 (a) IN GENERAL.—Part A of the National Tele4 communications and Information Administration Organi5 zation Act (47 U.S.C. 901 et seq.) is amended— 

6 (1) by redesignating section 105 (47 U.S.C. 

7 904) as section 106; and 

8 (2) by inserting after section 104 (47 U.S.C. 

9 903) the following: 

10 ‘‘SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC 

11 SPECTRUM. 

12 ‘‘(a) DEFINITIONS.—In this section— 

13 ‘‘(1) the term ‘covered band’ means the band of 

14 frequencies between 3 kilohertz and 95 gigahertz; 

15 ‘‘(2) the term ‘Federal entity’ has the meaning 

16 given the term in section 113(l); and 

17 ‘‘(3) the term ‘OMB’ means the Office of Man18 agement and Budget. 

19 ‘‘(b) ESTIMATES REQUIRED.—The NTIA, in con20 sultation with the Commission and OMB, shall estimate 

21 the value of electromagnetic spectrum in the covered band 

22 that is assigned or otherwise allocated to each Federal en23 tity as of the date of the estimate, in accordance with the 

24 schedule under subsection (c). 

25 ‘‘(c) SCHEDULE.—The NTIA shall conduct the esti26 mates under subsection (b) for the frequencies between— 


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1 ‘‘(1) 3 kilohertz and 33 gigahertz not later than 

2 1 year after the date of enactment of this section, 

3 and every 3 years thereafter; 

4 ‘‘(2) 33 gigahertz and 66 gigahertz not later 

5 than 2 years after the date of enactment of this sec6 tion, and every 3 years thereafter; and 

7 ‘‘(3) 66 gigahertz and 95 gigahertz not later 

8 than 3 years after the date of enactment of this sec9 tion, and every 3 years thereafter. 

10 ‘‘(d) BASIS FOR ESTIMATE.— 

11 ‘‘(1) IN GENERAL.—The NTIA shall base each 

12 value estimate under subsection (b) on the value 

13 that the electromagnetic spectrum would have if the 

14 spectrum were reallocated for the use with the high15 est potential value of licensed or unlicensed commer16 cial wireless services that do not have access to that 

17 spectrum as of the date of the estimate. 

18 ‘‘(2) CONSIDERATION OF GOVERNMENT CAPA19 BILITIES.—In estimating the value of spectrum 

20 under subsection (b), the NTIA may consider the 

21 spectrum needs of commercial interests while pre22 serving the spectrum access necessary to satisfy mis23 sion requirements and operations of Federal entities. 

24 ‘‘(3) DYNAMIC SCORING.—To the greatest ex25 tent practicable, the NTIA shall incorporate dynamic 


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1 scoring methodology into the value estimate under 

2 subsection (b). 

3 ‘‘(4) DISCLOSURE.— 

4 ‘‘(A) IN GENERAL.—Subject to subpara5 graph (B), the NTIA shall publicly disclose how 

6 the NTIA arrived at each value estimate under 

7 subsection (b), including any findings made 

8 under paragraph (2) of this subsection. 

9 ‘‘(B) CLASSIFIED, LAW ENFORCEMENT10 SENSITIVE, AND PROPRIETARY INFORMATION.— 

11 If any information involved in a value estimate 

12 under subsection (b), including any finding 

13 made under paragraph (2) of this subsection, is 

14 classified, law enforcement-sensitive, or propri15 etary, the NTIA— 

16 ‘‘(i) may not publicly disclose the clas17 sified, law enforcement-sensitive, or propri18 etary information; and 

19 ‘‘(ii) shall make the classified, law en20 forcement-sensitive, or proprietary infor21 mation available to any Member of Con22 gress, upon request, in a classified annex. 

23 ‘‘(e) AGENCY REPORT ON VALUE OF ELECTRO24 MAGNETIC SPECTRUM.—A Federal entity that has been 

25 assigned or otherwise allocated use of electromagnetic 


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1 spectrum within the covered band shall report the value 

2 of the spectrum as most recently estimated under sub3 section (b)— 

4 ‘‘(1) in the budget of the Federal entity to be 

5 included in the budget of the United States Govern6 ment submitted by the President under section 1105 

7 of title 31, United States Code; and 

8 ‘‘(2) in the annual financial statement of the 

9 Federal entity required to be filed under section 

10 3515 of title 31, United States Code.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

12 Section 103(b) of the National Telecommunications and 

13 Information Administration Organization Act (47 U.S.C. 

14 902(b)) is amended— 

15 (1) in paragraph (1), by striking ‘‘section 

16 105(d)’’ and inserting ‘‘section 106(d)’’; and 

17 (2) in paragraph (2), in the matter preceding 

18 subparagraph (A), by striking ‘‘section 105(d)’’ and 

19 inserting ‘‘section 106(d)’’. 

Æ 


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