I 

116TH CONGRESS 

2D SESSION H. R. 8244 

To require the National Telecommunications and Information Administration 

to estimate the value of electromagnetic spectrum assigned or otherwise 

allocated to Federal entities. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 14, 2020 

Mrs. RODGERS of Washington (for herself and Ms. CLARKE of New York) introduced the following bill; which was referred to the Committee on Energy and Commerce 

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 of 2020’’. 


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

3 Part B of the National Telecommunications and In4 formation Administration Organization Act (47 U.S.C. 

5 921 et seq.) is amended by adding at the end the following 

6 new section: 

7 ‘‘SEC. 120. ESTIMATE OF VALUE OF ELECTROMAGNETIC 

8 SPECTRUM. 

9 ‘‘(a) ESTIMATES REQUIRED.—The NTIA, in con10 sultation with the Commission and the Director of OMB, 

11 shall estimate the value of electromagnetic spectrum in the 

12 covered band that is assigned or otherwise allocated to 

13 each Federal entity as of the date of the estimate, in ac14 cordance with the schedule under subsection (b). 

15 ‘‘(b) SCHEDULE.—The NTIA shall conduct the esti16 mates under subsection (a) for the covered bands be17 tween— 

18 ‘‘(1) 225 megahertz and 33 gigahertz not later 

19 than 1 year after the date of enactment of this sec20 tion, and every 3 years thereafter; 

21 ‘‘(2) 33 gigahertz and 66 gigahertz not later 

22 than 2 years after the date of enactment of this sec23 tion, and every 3 years thereafter; and 

24 ‘‘(3) 66 gigahertz and 95 gigahertz not later 

25 than 3 years after the date of enactment of this sec26 tion, and every 3 years thereafter. 


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1 ‘‘(c) BASIS FOR ESTIMATE.— 

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

3 value estimate under subsection (a) on the value 

4 that the electromagnetic spectrum would have if the 

5 spectrum were reallocated for the use with the high6 est potential value of licensed or unlicensed commer7 cial wireless services that do not have access to that 

8 spectrum as of the date of the estimate. 

9 ‘‘(2) CONSIDERATION OF GOVERNMENT CAPA10 BILITIES.—In estimating the economic value of spec11 trum under subsection (a), the NTIA may consider 

12 the spectrum needs of commercial interests while 

13 preserving the spectrum access necessary to satisfy 

14 mission requirements and operations of Federal enti15 ties. 

16 ‘‘(3) DYNAMIC SCORING.—To the greatest ex17 tent practicable, the NTIA shall incorporate dynamic 

18 scoring methodology into the value estimate under 

19 subsection (a). 

20 ‘‘(4) DISCLOSURE.— 

21 ‘‘(A) IN GENERAL.—Subject to subpara22 graph (B), the NTIA shall publicly disclose how 

23 the NTIA arrived at each value estimate under 

24 subsection (a), including any findings made 

25 under paragraph (2). 


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1 ‘‘(B) CLASSIFIED, LAW ENFORCEMENT2 SENSITIVE, AND PROPRIETARY INFORMATION.— 

3 If any information involved in a value estimate 

4 under subsection (a), including any finding 

5 made under paragraph (2), is classified, law en6 forcement-sensitive, or proprietary, the NTIA— 

7 ‘‘(i) may not publicly disclose the clas8 sified, law enforcement-sensitive, or propri9 etary information; and 

10 ‘‘(ii) shall make the classified, law en11 forcement-sensitive, or proprietary infor12 mation available to any Member of Con13 gress, upon request, in a separate annex. 

14 ‘‘(d) AGENCY REPORT ON VALUE OF ELECTRO15 MAGNETIC SPECTRUM.—The head of a Federal entity that 

16 has been assigned or otherwise allocated use of electro17 magnetic spectrum within the covered bands shall report 

18 the value of the spectrum as most recently estimated 

19 under subsection (a)— 

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

21 included in the budget of the United States Govern22 ment submitted by the President under section 1105 

23 of title 31, United States Code; and 


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

2 Federal entity required to be filed under section 

3 3515 of title 31, United States Code. 

4 ‘‘(e) DEFINITIONS.—In this section: 

5 ‘‘(1) COVERED BANDS.—The term ‘covered 

6 bands’ means the band of frequencies between 225 

7 megahertz and 95 gigahertz. 

8 ‘‘(2) FEDERAL ENTITY.—The term ‘Federal en9 tity’ has the meaning given the term in section 

10 113(l). 

11 ‘‘(3) OMB.—The term ‘OMB’ means the Office 

12 of Management and Budget.’’. 

Æ 


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