I
106TH CONGRESS
1ST SESSION
H. R. 2630
To reauthorize the National Telecommunications and Information
Administration, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JULY 29, 1999
Mr. TAUZIN introduced the following bill; which was referred to the Committee
on Commerce
A BILL
To reauthorize the National Telecommunications and
Information Administration, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘NTIA Reauthorization
Act of 1999’’.
SEC. 2. AUTHORIZATION OF APPROPRIATIONS FOR ADMIN-
ISTRATION.
Section 151 of the National Telecommunications and
Information Administration Organization Act (Public Law
102–538; 106 Stat. 3540 (as redesignated by section
6001(a)(2) of Public Law 103–66)) is amended to read
as follows:
‘‘SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR AD-
MINISTRATION.
‘‘There are authorized to be appropriated for the ad-
ministration and necessary expenses of the NTIA
$10,940,000 for each of fiscal years 2000 and 2001.’’.
SEC. 3. PAYMENT FOR SPECTRUM MANAGEMENT FUNC-
TIONS.
Section 104 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
903) is amended by adding at the end the following new
subsection:
‘‘(f) REIMBURSEMENT FROM FEDERAL AGENCIES.—
‘‘(1) IN GENERAL.—The NTIA may not assign
any spectrum for use for, or provide any spectrum
management functions with respect to, any Federal
agency, except to the extent that the NTIA obtains
reimbursement for the costs of such activities, as
provided in this subsection.
‘‘(2) FEES FOR COSTS.—Notwithstanding sec-
tion 1535(d) of title 31, United States Code, the
NTIA shall assess against, and collect from, each
Federal agency for which the NTIA assigns spec-
trum or provides any spectrum management func-
tions a charge to cover the costs to the NTIA of car-
rying out the spectrum functions performed.
‘‘(3) AMOUNT OF FEES.—Effective upon Octo-
ber 1, 2001, the fee charged under paragraph (2) to
a Federal agency for performance of a spectrum
function shall be the amount necessary to cover all
costs to the NTIA of carrying out such function.
‘‘(4) ANNUAL REPORT REQUIREMENT.—For fis-
cal year 2000 and each fiscal year thereafter, the
NTIA shall submit to the Congress not later than
March 1 of such fiscal year a report itemizing, for
the preceding fiscal year, the fees collected pursuant
to this subsection.’’.
SEC. 4. PRIVATIZATION OF LABORATORIES.
Part C of the National Telecommunications and In-
formation Administration Organization Act is amended by
adding at the end the following new section:
‘‘SEC. 156. PRIVATIZATION OF CERTAIN LABORATORIES.
‘‘(a) DETERMINATION OF VALUE.—Not later than
180 days after the date of the enactment of the NTIA
Reauthorization Act of 1999, the Comptroller General of
the United States shall conduct and conclude an assess-
ment of the facilities of the Institute for Telecommuni-
cation Sciences of the NTIA located in Boulder, Colorado,
for the purpose of determining the fair market value of
such facilities and submit a report to the Congress regard-
ing the results of the determination.
‘‘(b) FACTORS.—The determination of fair market
value pursuant to subsection (a) shall be based upon the
fair market value of other comparable laboratories and fa-
cilities (including federally owned, other publicly owned,
and privately owned facilities), as determined by the
Comptroller General, in consultation with appropriate rep-
resentatives of the telecommunications industry and ap-
propriate Federal agencies.
‘‘(c) DETERMINATION OF INTEREST.—Upon the ex-
piration of the 180-day period that begins upon the sub-
mission of the report to the Congress under subsection (a),
the Secretary shall cause to be published in the Federal
Register a notice designed to solicit expressions of interest
in the purchase of the laboratories identified in subsection
(a).’’.
SEC. 5. LONG-TERM EFFICIENCY.
Part C of the National Telecommunications and In-
formation Administration Organization Act, as amended
by section 4 of this Act, is further amended by adding
at the end the following new section:
‘‘SEC. 157. LONG-TERM EFFICIENCY.
‘‘(a) GAO REVIEW OF FUNCTIONS.—Not later than
6 months after the date of the enactment of the NTIA
Reauthorization Act of 1999, the Comptroller General of
the United States shall conduct a study of the NTIA for
the following purposes:
‘‘(1) To review the efficiency of the NTIA in
carrying out the functions assigned to the NTIA.
‘‘(2) To determine whether the functions actu-
ally being carried out by the NTIA comply with the
mission and responsibilities of the NTIA under law.
Not later than such date, the Comptroller General shall
submit to the Congress and to the NTIA a report setting
forth the results of the study under this subsection and
containing recommendations regarding how the NTIA can
improve the efficiency of its performance and its respon-
siveness to its mission and responsibilities under law.
‘‘(b) INSPECTOR
GENERAL
PERFORMANCE
RE-
PORT.—Not later than 6 months after the date of the en-
actment of the NTIA Reauthorization Act of 1999, the
Inspector General for the Department of Commerce shall
conduct an audit or evaluations of the performance of the
NTIA in conducting each of its functions, programs, and
operations and shall submit a report to the Congress and
the NTIA setting forth the results of the audit or evalua-
tions and containing recommendations for improving such
performance of the NTIA.
‘‘(c) PLAN FOR MODERNIZATION.—
‘‘(1) PLAN
REQUIRED.—Within 12 months
after the date of the enactment of the NTIA Reau-
thorization Act of 1999 the NTIA shall review the
reports submitted pursuant to subsections (a) and
(b) and, taking into consideration the information
and recommendations in such reports, submit to the
Congress a plan—
‘‘(A) to adjust the allocation of NTIA per-
sonnel;
‘‘(B) to propose the automation or privat-
ization of routine functions of the NTIA;
‘‘(C) to propose the termination of func-
tions of the NTIA that are no longer necessary
to the protection of the public interest;
‘‘(D) to reduce the levels of the NTIA’s ex-
penses for management and overhead; and
‘‘(E) to prepare the NTIA for rapid re-
sponse to changes in technologies and markets.
‘‘(2) CONTENTS.—The plan required by this
subsection shall include—
‘‘(A) detailed projections of financial and
personnel requirements of the NTIA over the 5
succeeding fiscal years;
‘‘(B) the savings expected from automating
and privatizing routine functions of the NTIA
and from terminating unnecessary functions,
and deadlines by which such automation, pri-
vatization, and termination will be attained;
‘‘(C) the appropriate level of funding for
management and overhead expenses of the
NTIA;
‘‘(D) for each element in the plan, a state-
ment of whether the approach adopted in the
plan regarding that element conforms with or
differs from any recommendations contained in
the reports submitted under subsections (a) and
(b) and, if there is a difference, a specific jus-
tification for the approach adopted in the plan;
and
‘‘(E) any additional authority or statutory
changes required to achieve the plan or carry
out the purposes of this section.’’.
SEC. 6. ASSESSMENT OF ELECTROMAGNETIC RADIO FRE-
QUENCY SPECTRUM REALLOCATION.
Part C of the National Telecommunications and In-
formation Administration Organization Act, as amended
by the preceding provisions of this Act, is further amended
by adding at the end the following new section:
‘‘SEC. 158. ASSESSMENT OF ELECTROMAGNETIC RADIO
FREQUENCY SPECTRUM REALLOCATION.
‘‘(a) REVIEW AND ASSESSMENT.—
‘‘(1) REQUIREMENT.—The Secretary of Com-
merce, acting through the Assistant Secretary and
in coordination with the Chairman of the Commis-
sion, shall convene an interagency review and assess-
ment of—
‘‘(A) the progress made in implementation
of national spectrum planning;
‘‘(B) the reallocation of Federal Govern-
ment spectrum to non-Federal use, in accord-
ance with the provisions of, and the amend-
ments made by, title VI of the Omnibus Budget
Reconciliation Act of 1993 (Public Law 103–
66; 107 Stat. 379) and title III of the Balanced
Budget Act of 1997 (Public Law 105–33; 111
Stat. 258); and
‘‘(C) the implications for such reallocations
to the affected Federal agencies.
‘‘(2) PARTICULAR
SUBJECTS.—In conducting
the review and assessment under this paragraph,
particular attention shall be given to—
‘‘(A) the effect on and implications for
critical military and intelligence systems, civil
space programs, and other Federal Government
systems used to protect public safety, of spec-
trum reallocated for non-Federal use; and
‘‘(B) the anticipated impact on critical
military and intelligence systems, future mili-
tary and intelligence operational requirements,
national defense modernization programs, civil
space programs, and other Federal Government
systems used to protect public safety, of the re-
allocated spectrum described in subsection
(a)(1)(B).
‘‘(3) COORDINATION.—The assessment under
this paragraph shall be conducted in coordination
with affected Federal agencies through the Inter-
departmental Radio Advisory Committee.
‘‘(4) COOPERATION
AND
ASSISTANCE.—Each
Federal agency affected by the review and assess-
ment under this paragraph shall cooperate with the
Assistant Secretary in the conduct of the review and
assessment and shall provide the Assistant Secretary
such information, support, and assistance, to the ex-
tent not inconsistent with other provisions of law, as
the Assistant Secretary considers necessary in the
performance of the review and assessment.
‘‘(b) REPORT.—Not later than October 1, 2000, the
Secretary of Commerce, in coordination with the heads of
the affected Federal agencies and the Chairman of the
Commission, shall submit a report to the President and
the Congress providing the results of the review and as-
sessment required under subsection (a).’’.
SEC. 7. AUTHORITY TO SUBMIT CONSOLIDATED REPORTS.
Section 105 of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
904) is amended by adding at the end the following new
subsection:
‘‘(f) CONSOLIDATION OF REPORTS.—The Assistant
Secretary may comply with any provisions of this Act, and
any other provision of law, that require the submission of
reports by the Assistant Secretary to the same entity by
consolidating such reports into a single submission to such
entity, except to the extent that such consolidation would
delay the submission of any report.’’.
SEC. 8. TELECOMMUNICATIONS AND INFORMATION INFRA-
STRUCTURE ASSISTANCE PROGRAM.
The National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.)
is amended—
(1) by redesignating part C (as amended by the
preceding provisions of this Act) as part D; and
(2) by inserting after part B the following new
part:
‘‘PART C—TELECOMMUNICATIONS AND INFOR-
MATION 
INFRASTRUCTURE 
ASSISTANCE
PROGRAM
‘‘SEC. 131. GRANT AUTHORITY.
‘‘(a) IN GENERAL.—In accordance with the require-
ments of this part, the Secretary may make grants only
to eligible entities (as such term is defined in section
134(a)) to assist the development of a national tele-
communications and information infrastructure.
‘‘(b) PROJECT OBJECTIVES.—The Secretary shall
not make a grant under this part unless the Secretary de-
termines that the grant amounts will be used for a project
that promotes one or more of the following objectives:
‘‘(1) To expand or otherwise augment tele-
communications networks or information technology
systems for health care providers, educational insti-
tutions, research facilities, libraries, museums, State
and local governments, and other social service and
public information providers.
‘‘(2) To enhance the ability, through inter-
connection, of health care providers, educational in-
stitutions, research facilities, libraries, museums,
State and local governments, and other social service
and public information providers to have access to
existing and new sources of information.
‘‘(3) To make universally available and to uti-
lize an advanced telecommunications and informa-
tion infrastructure, especially for traditionally under-
served populations.
‘‘(4) To demonstrate and improve the efficiency
and effectiveness of the delivery of social services,
such as education and health care, to the American
people.
‘‘SEC. 132. GRANT REQUIREMENTS.
‘‘(a) USE.—Any eligible entity receiving a grant
under this part shall use any facility, system, or network
obtained with such grant amounts primarily to achieve the
objectives under section 131(b) that are identified in the
application for the grant and shall comply with the regula-
tions of the Secretary regarding the resale of any capacity
of such facility, system, or network, which shall be issued
by the Secretary pursuant to section 137 and shall prevent
an eligible entity receiving a grant from using commercial
resale of excess capacity to compete unfairly with pro-
viders of telecommunications services.
‘‘(b) AMOUNT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the amount of grant under this part may
not exceed 50 percent of the amount determined by
the Secretary to be the reasonable and necessary
cost of the project to be carried out using the grant
amounts.
‘‘(2) EXTRAORDINARY CIRCUMSTANCES.—If the
Secretary 
determines 
that 
extraordinary 
cir-
cumstances warrant a grant in excess of the amount
provided under paragraph (1), the amount of a
grant may exceed such amount but may not, in any
case, exceed 75 percent of the cost referred to in
paragraph (1).
‘‘SEC. 133. PROHIBITED USES.
‘‘Amounts made available to carry out this part shall
be used only for the purposes expressly provided in this
part and may not be used under any other provision of
law (including under any direct or derivative authority
under section 392 of the Communications Act of 1934 (47
U.S.C. 392)) for purposes related to the purposes of this
part.
‘‘SEC. 134. ELIGIBLE ENTITIES AND APPLICATIONS.
‘‘(a) ELIGIBLE ENTITIES.—For purposes of this
part, the term ‘eligible entity’ means—
‘‘(1) a nonprofit foundation, corporation, insti-
tution, or association;
‘‘(2) a State or local government (or any agency
thereof), or a political or special purpose subdivision
of a State or local government; or
‘‘(3) an enterprise owned and operated by a
State or local government entity.
‘‘(b) APPLICATIONS FOR GRANTS.—To be eligible to
receive a grant under this part, an eligible entity shall sub-
mit to the Secretary an application containing such infor-
mation with respect to the eligible entity submitting the
application and the project to be carried out using grant
amounts as the Secretary considers necessary to ensure
that grant amounts are used in accordance with this part.
‘‘(c) CRITERIA.—The Secretary may make a grant
under this section with respect to an application only if
the Secretary determines that—
‘‘(1) the applicant has the technical, adminis-
trative, and financial capability to obtain, operate,
and maintain the facilities, systems, or networks in-
volved in the project proposed in the application;
‘‘(2) the applicant has chosen an efficient and
economical means to achieve its communications or
information needs, and has not failed to utilize com-
mercially available network services to meet such
needs to the extent such commercial services meet
the needs of the applicant in the most efficient and
economical manner;
‘‘(3) the applicant has participated in com-
prehensive planning for such facilities, systems, or
networks and such planning has included an evalua-
tion of alternative technologies and coordination with
appropriate State agencies, as needed;
‘‘(4) the services provided by the facilities, sys-
tems, or networks involved in the project do not and
will not compete with services provided by a private
entity;
‘‘(5) the applicant has made a good faith effort
to identify and obtain Federal financial assistance
other than assistance under this part for carrying
out the applicant’s project and was unable to obtain
such other assistance; and
‘‘(6) the applicant is not eligible, or is not likely
to be eligible, to obtain such other Federal financial
assistance for carrying out the applicant’s project.
‘‘(d) SELECTION OF APPLICATIONS.—
‘‘(1) PROCEDURE.—The Secretary shall issue
regulations pursuant to section 137 establishing pro-
cedures and criteria for selecting applications for
grants under this part. The regulations shall—
‘‘(A) set forth specific objective, merit-
based criteria for ranking applications, which
shall—
‘‘(i) include any priorities to be used
in selecting applications for grants; and
‘‘(ii) provide a preference for grants
for projects that increase utilization and
efficiency of existing telecommunications
and information facilities;
‘‘(B) provide that applications shall be se-
lected for grants under this part pursuant to a
competition based upon the rankings resulting
from applying the criteria established pursuant
to subparagraph (A);
‘‘(C) provide a method for determining the
amount of grants for selected applications.
‘‘(2) LIMITATION.—No decision or determina-
tion regarding whether to provide a grant under this
part may be based, in whole or in part, upon the
membership or affiliation with any political party of
the applicant for or prospective recipient of amounts
under the grant.
‘‘(3) NOTICE OF ADJUSTMENTS.—
‘‘(A) IN GENERAL.—Upon any determina-
tion or action of the Assistant Secretary or any
other official or staff of the NTIA that results
in the status of an application for a grant
under this part changing from not selected, or
not eligible for selection, for a grant to selected,
or eligible for selection, for a grant, the Assist-
ant Secretary shall provide a written notice and
description to the Inspector General of the De-
partment of Commerce explaining the justifica-
tion for the determination or action.
‘‘(B) ACTIONS.—A determination or action
of the Assistant Secretary or other official or
staff of the NTIA referred to in subparagraph
(A) includes—
‘‘(i) any award, assignment, change
to, or adjustment of points, score, or other
ranking under the criteria established pur-
suant to paragraph (1)(A), whether pre-
liminary or final; and
‘‘(ii) any other determination or re-
consideration of any such criteria, of waiv-
er or inapplicability of such criteria, or of
selection for a grant, whether preliminary
or final.
‘‘(C) STATUS.—For purposes of subpara-
graph (A), the term ‘status’ includes any status
that has been assigned or determined, whether
preliminary or final.
‘‘(e) SPECIAL CONSIDERATION.—In establishing cri-
teria for grants pursuant to this part, and in establishing
procedures and criteria under subsection (d)(1)(A)(1) re-
garding priorities in approving and selecting applications
for grants, the Secretary shall give special consideration
to applications that will avoid unnecessary duplication of
existing facilities and services.
‘‘SEC. 135. ADMINISTRATIVE PROVISIONS.
‘‘(a) ADMINISTRATIVE EXPENSES.—Of any amounts
appropriated to carry out this part, the Secretary may use
not more than 2 percent for direct and indirect costs of
the Secretary in administering the provisions of this part,
including monitoring under subsection (g) of this section,
evaluating the effectiveness of the program and projects
funded pursuant to this part, and for other related activi-
ties of the Secretary.
‘‘(b) RECOVERY OF FUNDS FOR PROJECT VIOLA-
TIONS.—The Assistant Secretary may recover, from the
applicant who received a grant under this part or from
the other owner of a facility, system, or network assisted
under the grant project, the full amount of assistance pro-
vided from the grant amounts for such facility, system,
or network, if the Assistant Secretary determines on the
record after opportunity for a hearing that, within 5 years
after completion of the project—
‘‘(1) the applicant or other owner of the facility,
system, or network ceases to be an eligible entity;
‘‘(2) such facility, system, or network ceases to
be used primarily for the intended purposes of the
grant project; or
‘‘(3) the services provided by such facility, sys-
tem, or network are subject to competition from
similar services provided by private entities.
‘‘(c) RECOVERY
OF FUNDS
FOR GRANT VIOLA-
TIONS.—Except to the extent amounts are recovered
under subsection (b), if the Assistant Secretary deter-
mines on the record after opportunity for a hearing that
an applicant who received a grant under this part has
failed to comply with any provision of this part, any regu-
lation issued under this part, or any provision of a grant
agreement providing for such grant, the Assistant Sec-
retary shall require the applicant to repay to the Secretary
an amount equal to—
‘‘(1) in the case of an unintentional failure to
comply, 10 percent of the amount of the grant to
which such failure applies; and
‘‘(2) in the case of an intentional failure to
comply, the full amount of the grant to which such
failure applies.
‘‘(d) RECORDKEEPING REQUIREMENTS.—The Sec-
retary shall require that each recipient of assistance under
this part shall keep such records as may be reasonably
necessary to enable the Secretary to carry out the func-
tions of the Secretary under this part, including—
‘‘(1) a complete and itemized inventory of all
telecommunications and information facilities, sys-
tems, or networks under the control of such recipi-
ent funded with funds provided under this part;
‘‘(2) records which fully disclose the amount
and the disposition by such recipient of the proceeds
of such assistance, the total cost of the project in
connection with which such assistance is given or
used, the amount and nature of that portion of the
cost of the project supplied by other sources; and
‘‘(3) such other records as will facilitate an ef-
fective audit.
‘‘(e) ACCESSIBILITY OF RECORDS.—The Secretary
and the Comptroller General of the United States, or any
of their duly authorized representatives, shall have access
for the purpose of audit and examination to any books,
documents, papers, and records of any recipient of assist-
ance under this part that relate to assistance received
under this part.
‘‘(f) INSPECTOR GENERAL REVIEWS.—The Inspector
General of the Department of Commerce shall conduct ap-
propriate review to ensure that recipients of financial as-
sistance under this part comply with this part and the reg-
ulations issued under this part, including regulations re-
lating to recordkeeping requirements under subsection (c)
of this section.
‘‘(g) MONITORING.—
‘‘(1) IN GENERAL.—The Secretary shall mon-
itor and evaluate—
‘‘(A) projects assisted with grant amounts
under this part to ensure that such projects ful-
fill the objectives of this part;
‘‘(B) the activities of the assistance pro-
gram under this part to ensure that it is ful-
filling its goals and objectives.
‘‘(2) CRITERIA.—Pursuant to section 137, the
Secretary shall establish criteria for evaluations
under this subsection.
‘‘(3) REPORT.—Not later than January 1 of
each year, the Secretary shall submit to the Con-
gress a report summarizing the results of the moni-
toring and evaluations conducted under this sub-
section for the fiscal year ending the preceding Sep-
tember 30. The first such annual report shall be
submitted not later than January 1, 2001, for the
fiscal year ending September 30, 2000.
‘‘SEC. 136. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated to carry out
this part $13,000,000 for each of fiscal years 2000 and
2001. Amounts appropriated under this section for any
fiscal year are authorized to remain available until ex-
pended. Not more than 5 percent of the amounts appro-
priated pursuant to this section may be used by the Sec-
retary for research to support the grant making activities
under this part.
‘‘SEC. 137. REGULATIONS.
‘‘The Secretary shall issue or update any regulations
necessary to carry out this part.’’.
Æ