States in accordance with all applicable laws and 
regulations. 
‘‘(10) SPECIAL RULE FOR CASES IN WHICH THE 
PRODUCER OR EXPORTER IS UNKNOWN.—If the ad-
ministering authority is unable to determine the ac-
tual producer or exporter of the merchandise with 
respect to which the administering authority initi-
ated an investigation under paragraph (1), the ad-
ministering authority shall, in requiring the posting 
of a cash deposit under paragraph (6) or assessing 
duties pursuant to paragraph (7)(A), impose the 
cash deposit or duties (as the case may be) in the 
highest amount applicable to any producer or ex-
porter of the merchandise pursuant to any order, or 
any administrative review conducted under section 
751. 
‘‘(11) PUBLICATION
OF
DETERMINATIONS.— 
The administering authority shall publish in the 
Federal Register each notice of initiation of an in-
vestigation made under paragraph (1)(A), each pre-
liminary determination made under paragraph 
(2)(A), and each final determination made under 
paragraph (2)(B). 
‘‘(12) REFERRALS TO OTHER AGENCIES.— 
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‘‘(A) AFTER
PRELIMINARY
DETERMINA-
TION.—Notwithstanding section 777 and sub-
ject to subparagraph (C), when the admin-
istering authority makes an affirmative prelimi-
nary determination under paragraph (2)(A), the 
administering authority shall— 
‘‘(i) 
transmit 
the 
administrative 
record to the Commissioner for such addi-
tional action as the Commissioner deter-
mines appropriate, including proceedings 
under section 592; and 
‘‘(ii) at the request of the head of an-
other agency, transmit the administrative 
record to the head of that agency. 
‘‘(B) AFTER
FINAL
DETERMINATION.— 
Notwithstanding section 777 and subject to 
subparagraph (C), when the administering au-
thority makes an affirmative final determina-
tion under paragraph (2)(B), the administering 
authority shall— 
‘‘(i) transmit the complete administra-
tive record to the Commissioner; and 
‘‘(ii) at the request of the head of an-
other agency, transmit the complete ad-
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ministrative record to the head of that 
agency. 
‘‘(c) REFERRAL
BY U.S. CUSTOMS
AND BORDER 
PROTECTION.—In the event the Commissioner receives in-
formation that a person has entered covered merchandise 
into the customs territory of the United States through 
evasion, but is not able to determine whether the merchan-
dise is in fact covered merchandise, the Commissioner 
shall— 
‘‘(1) refer the matter to the administering au-
thority for additional proceedings under subsection 
(b); and 
‘‘(2) transmit to the administering authority— 
‘‘(A) copies of the entry documents and in-
formation required by section 484(a)(1) relating 
to the merchandise; and 
‘‘(B) any additional records or information 
that the Commissioner considers appropriate. 
‘‘(d) COOPERATION BETWEEN U.S. CUSTOMS AND 
BORDER PROTECTION AND THE DEPARTMENT OF COM-
MERCE.— 
‘‘(1) NOTIFICATION
OF
INVESTIGATIONS.— 
Upon receiving a petition and upon initiating an in-
vestigation under subsection (b), the administering 
authority shall notify the Commissioner. 
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‘‘(2) PROCEDURES
FOR
COOPERATION.—Not 
later than 180 days after the date of the enactment 
of this section, the Commissioner and the admin-
istering authority shall establish procedures to en-
sure maximum cooperation and communication be-
tween U.S. Customs and Border Protection and the 
administering authority in order to quickly, effi-
ciently, and accurately investigate allegations of eva-
sion of antidumping and countervailing duty orders. 
‘‘(e) ANNUAL REPORT ON PREVENTING EVASION OF 
ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.— 
‘‘(1) IN GENERAL.—Not later than February 
28 of each year beginning in 2016, the Under Sec-
retary for International Trade of the Department of 
Commerce shall submit to the Committee on Fi-
nance and the Committee on Appropriations of the 
Senate and the Committee on Ways and Means and 
the Committee on Appropriations of the House of 
Representatives a report on the efforts being taken 
under subsection (b) to prevent evasion of anti-
dumping and countervailing duty orders. 
‘‘(2) CONTENTS.—Each report required by 
paragraph (1) shall include, for the calendar year 
preceding the submission of the report— 
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‘‘(A)(i) the number of investigations initi-
ated pursuant to subsection (b); and 
‘‘(ii) a description of such investigations, 
including— 
‘‘(I) the results of such investigations; 
and 
‘‘(II) the amount of antidumping and 
countervailing duties collected as a result 
of such investigations; and 
‘‘(B) the number of referrals made by the 
Commissioner pursuant to subsection (c).’’. 
(b) TECHNICAL AMENDMENT.—The table of contents 
for title VII of the Tariff Act of 1930 is amended by in-
serting after the item relating to section 781 the following: 
‘‘Sec. 781A. Procedures for prevention of evasion of antidumping and counter-
vailing duty orders.’’. 
(c) JUDICIAL REVIEW.—Section 516A(a)(2) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)) is amended— 
(1) in subparagraph (A)(i)(I), by striking ‘‘or 
(viii)’’ and inserting ‘‘(viii), or (ix)’’; and 
(2) in subparagraph (B), by inserting at the 
end the following: 
‘‘(ix) A determination by the admin-
istering authority under section 781A.’’. 
(d) REGULATIONS.—Not later than 180 days after 
the date of the enactment of this Act— 
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(1) the Secretary of Commerce shall prescribe 
such regulations as may be necessary to carry out 
subsection (b) of section 781A of the Tariff Act of 
1930 (as added by subsection (a) of this section); 
and 
(2) the Commissioner shall prescribe such regu-
lations as may be necessary to carry out subsection 
(c) of such section 781A. 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall— 
(1) take effect on the date that is 180 days 
after the date of the enactment of this Act; and 
(2) apply with respect to merchandise entered 
on or after such date of enactment. 
SEC. 322. GOVERNMENT ACCOUNTABILITY OFFICE RE-
PORT. 
Not later than 4 years after the date of the enact-
ment of this Act, the Comptroller General of the United 
States shall submit to the Committee on Finance and the 
Committee on Appropriations of the Senate and the Com-
mittee on Ways and Means and the Committee on Appro-
priations of the House of Representatives a report assess-
ing the effectiveness of— 
(1) the provisions of, and amendments made 
by, this subtitle; and 
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(2) the actions taken and procedures developed 
by the Secretary of Commerce and the Commis-
sioner pursuant to such provisions and amendments 
to prevent evasion of antidumping and counter-
vailing duty orders under title VII of the Tariff Act 
of 1930 (19 U.S.C. 1671 et seq.). 
Subtitle C—Other Matters 
SEC. 331. ALLOCATION AND TRAINING OF PERSONNEL. 
The Commissioner shall, to the maximum extent pos-
sible, ensure that U.S. Customs and Border Protection— 
(1) employs sufficient personnel who have ex-
pertise in, and responsibility for, preventing and in-
vestigating the entry of covered merchandise into the 
customs territory of the United States through eva-
sion; 
(2) on the basis of risk assessment metrics, as-
signs sufficient personnel with primary responsibility 
for preventing the entry of covered merchandise into 
the customs territory of the United States through 
evasion to the ports of entry in the United States at 
which the Commissioner determines potential eva-
sion presents the most substantial threats to the rev-
enue of the United States; and 
(3) provides adequate training to relevant per-
sonnel to increase expertise and effectiveness in the 
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prevention and identification of entries of covered 
merchandise into the customs territory of the United 
States through evasion. 
SEC. 332. ANNUAL REPORT ON PREVENTION OF EVASION 
OF 
ANTIDUMPING 
AND 
COUNTERVAILING 
DUTY ORDERS. 
(a) IN GENERAL.—Not later than February 28 of 
each year, beginning in 2017, the Commissioner, in con-
sultation with the Secretary of Commerce and the Director 
of U.S. Immigration and Customs Enforcement, shall sub-
mit to the appropriate congressional committees a report 
on the efforts being taken to prevent and investigate eva-
sion. 
(b) CONTENTS.—Each report required under sub-
section (a) shall include— 
(1) for the calendar year preceding the submis-
sion of the report— 
(A) a summary of the efforts of U.S. Cus-
toms and Border Protection to prevent and 
identify evasion; 
(B) the number of allegations of evasion 
received and the number of allegations of eva-
sion resulting in any administrative, civil, or 
criminal actions by U.S. Customs and Border 
Protection or any other agency; 
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(C) a summary of the completed adminis-
trative inquiries of evasion, including the num-
ber and nature of the inquiries initiated, con-
ducted, or completed, as well as their resolu-
tion; 
(D) with respect to inquiries that lead to 
issuance of a penalty notice, the penalty 
amounts; 
(E) the amounts of antidumping and coun-
tervailing duties collected as a result of any ac-
tions by U.S. Customs and Border Protection 
or any other agency; 
(F) a description of the allocation of per-
sonnel and other resources of U.S. Customs and 
Border Protection and U.S. Immigration and 
Customs Enforcement to prevent, identify, and 
investigate evasion, including any assessments 
conducted regarding the allocation of such per-
sonnel and resources; and 
(G) a description of training conducted to 
increase expertise and effectiveness in the pre-
vention, identification, and investigation of eva-
sion; and 
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(2) a description of U.S. Customs and Border 
Protection processes and procedures to prevent and 
identify evasion, including— 
(A) the specific guidelines, policies, and 
practices used by U.S. Customs and Border 
Protection to ensure that allegations of evasion 
are promptly evaluated and acted upon in a 
timely manner; 
(B) an evaluation of the efficacy of such 
existing guidelines, policies, and practices; 
(C) identification of any changes since the 
last report that have materially improved or re-
duced the effectiveness of U.S. Customs and 
Border Protection to prevent and identify eva-
sion; 
(D) a description of the development and 
implementation of policies for the application of 
single entry and continuous bonds for entries of 
covered merchandise to sufficiently protect the 
collection of antidumping and countervailing 
duties commensurate with the level of risk on 
noncollection; 
(E) the processes and procedures for in-
creased cooperation and information sharing 
with the Department of Commerce, U.S. Immi-
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gration and Customs Enforcement, and any 
other relevant Federal agencies to prevent and 
identify evasion; and 
(F) identification of any recommended pol-
icy changes of other Federal agencies or legisla-
tive changes to improve the effectiveness of 
U.S. Customs and Border Protection to prevent 
and identify evasion. 
SEC. 333. ADDRESSING CIRCUMVENTION BY NEW SHIP-
PERS. 
Section 751(a)(2)(B) of the Tariff Act of 1930 (19 
U.S.C. 1675(a)(2)(B)) is amended— 
(1) by striking clause (iii); 
(2) by redesignating clause (iv) as clause (iii); 
and 
(3) by inserting after clause (iii), as redesig-
nated by paragraph (2) of this section, the following: 
‘‘(iv) DETERMINATIONS
BASED
ON 
BONAFIDE SALES.—Any weighted average 
dumping margin or individual counter-
vailing duty rate determined for an ex-
porter or producer in a review conducted 
under clause (i) shall be based solely on 
the bona fide United States sales of an ex-
porter or producer, as the case may be, 
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made during the period covered by the re-
view. In determining whether the United 
States sales of an exporter or producer 
made during the period covered by the re-
view were bona fide, the administering au-
thority shall consider, depending on the 
circumstances surrounding such sales— 
‘‘(I) the prices of such sales; 
‘‘(II) whether such sales were 
made in commercial quantities; 
‘‘(III) the timing of such sales; 
‘‘(IV) the expenses arising from 
such sales; 
‘‘(V) whether the subject mer-
chandise involved in such sales was 
resold in the United States at a prof-
it; 
‘‘(VI) whether such sales were 
made on an arms-length basis; and 
‘‘(VII) any other factor the ad-
ministering authority determines to be 
relevant as to whether such sales are, 
or are not, likely to be typical of those 
the exporter or producer will make 
after completion of the review.’’. 
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SEC. 334. SENSE OF CONGRESS ON REFORM OF EXPORT 
CONTROL POLICIES. 
(a) FINDINGS.—Congress finds the following: 
(1) The United States would benefit from pre-
dictable, efficient, and transparent export control 
policies. 
(2) Such export control policies should focus on 
the mutually reinforcing goals of— 
(A) adequate national security; and 
(B) increased global competitiveness and 
job growth. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Export Administration Act of 1979 (50 
U.S.C. App. 2401 et seq.), as continued in effect pursuant 
to the International Emergency Economic Powers Act (50 
U.S.C. 1701 et seq.), has become obsolete and should be 
reformed and reauthorized. 
TITLE IV—CREATING FEDERAL 
SPECTRUM INCENTIVES 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Federal Spectrum In-
centive Act of 2015’’. 
SEC. 402. FEDERAL SPECTRUM INCENTIVES. 
(a) NOTICE TO COMMISSION.— 
(1) IN GENERAL.—Section 113(g)(4) of the Na-
tional Telecommunications and Information Admin-
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istration Organization Act (47 U.S.C. 923(g)(4)) is 
amended— 
(A) by striking the heading and inserting 
‘‘NOTICE TO COMMISSION.—’’; 
(B) in the second sentence of subpara-
graph (A), by striking ‘‘shall notify the Com-
mission’’ and all that follows and inserting the 
following: ‘‘shall notify the Commission— 
‘‘(i) of estimated relocation or sharing 
costs and timelines for such relocation or 
sharing; or 
‘‘(ii) that, instead of relocation or 
sharing costs under this subsection and 
section 118, a Federal entity will receive 
payment under section 120 because such 
entity is— 
‘‘(I) discontinuing the operations 
that the Federal entity conducts on 
such eligible frequencies without relo-
cating such operations to other fre-
quencies; or 
‘‘(II) relocating such operations 
to frequencies assigned to another 
Federal entity in order for such enti-
ties to share such frequencies.’’; and 
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(C) by adding at the end the following: 
‘‘(D) This subsection and section 118 shall 
not apply with respect to the discontinuance of 
operations on eligible frequencies or the reloca-
tion of such operations by a Federal entity after 
the Commission receives notice under subpara-
graph (A)(ii) with respect to such discontinu-
ance or relocation.’’. 
(2) 
CONFORMING
AMENDMENTS.—Section 
113(g) of the National Telecommunications and In-
formation Administration Organization Act (47 
U.S.C. 923(g)) is amended— 
(A) in paragraph (3)(A)(iii)(I), by striking 
‘‘paragraph (4)(A)’’ and inserting ‘‘paragraph 
(4)(A)(i)’’; 
(B) in paragraph (4)— 
(i) in subparagraph (B), by striking 
‘‘subparagraph (A)’’ and inserting ‘‘sub-
paragraph (A)(i)’’; and 
(ii) in subparagraph (C), by striking 
‘‘subparagraphs (A) and (B)’’ and insert-
ing ‘‘subparagraphs (A)(i) and (B)’’; and 
(C) in paragraph (5), by striking ‘‘para-
graph 
(4)(A)’’ 
and 
inserting 
‘‘paragraph 
(4)(A)(i)’’. 
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(b) TRANSITION PLANS.—Section 113(h) of the Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 923(h)) is amended— 
(1) in the heading, by striking ‘‘RELOCATION 
OR SHARING’’; 
(2) by amending paragraph (1) to read as fol-
lows: 
‘‘(1) DEVELOPMENT OF TRANSITION PLAN BY 
FEDERAL ENTITY.— 
‘‘(A) IN
GENERAL.—Not later than 240 
days before the commencement of any auction 
of eligible frequencies described in subsection 
(g)(2), a Federal entity authorized to use any 
such frequency shall submit to the NTIA and 
to the Technical Panel established by paragraph 
(3) a transition plan in which the Federal enti-
ty— 
‘‘(i) declares the intention of such en-
tity— 
‘‘(I) to share such eligible fre-
quencies with a non-Federal user or 
to relocate to other frequencies, and 
to receive relocation or sharing costs 
from the Spectrum Relocation Fund 
established by section 118; or 
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‘‘(II) to discontinue the oper-
ations that the Federal entity con-
ducts on such eligible frequencies 
without relocating such operations to 
other frequencies or to relocate such 
operations to frequencies assigned to 
another Federal entity in order for 
such entities to share such fre-
quencies, and to receive payment from 
the Federal Spectrum Incentive Fund 
established by section 120; and 
‘‘(ii) describes how the entity will im-
plement the relocation, sharing, or dis-
continuance arrangement. 
‘‘(B) COMMON FORMAT.—The NTIA shall 
specify, after public input, a common format for 
all Federal entities to follow in preparing tran-
sition plans under this paragraph.’’; 
(3) in paragraph (2)— 
(A) in subparagraph (D), by inserting ‘‘, to 
discontinue such use,’’ after ‘‘from such fre-
quencies’’; 
(B) in subparagraph (F), by inserting ‘‘, 
discontinuance,’’ after ‘‘relocation’’; and 
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(C) in subparagraph (G), by striking ‘‘The 
plans’’ and inserting ‘‘To the extent applicable 
given the intention declared by the entity under 
paragraph (1)(A)(i), the plans’’; 
(4) in paragraph (4)(A), by inserting ‘‘(if appli-
cable)’’ after ‘‘timelines and’’; 
(5) in paragraph (6)— 
(A) by inserting ‘‘(if applicable)’’ after 
‘‘costs’’; and 
(B) by inserting ‘‘, discontinuance,’’ after 
‘‘relocation’’ the second place it appears; and 
(6) in paragraph (7)(A)(ii), by inserting ‘‘, dis-
continuance,’’ after ‘‘relocation’’. 
(c) RELOCATION OR DISCONTINUANCE PRIORITIZED 
OVER SHARING.—Section 113(j) of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 923(j)) is amended— 
(1) in the heading, by inserting ‘‘OR DIS-
CONTINUANCE’’ after ‘‘RELOCATION’’; and 
(2) by inserting ‘‘or discontinuance of the oper-
ations that the Federal entity conducts on the band’’ 
after ‘‘from the band’’ each place it appears. 
(d) DEPOSIT
OF
AUCTION
PROCEEDS.—Section 
309(j)(8) of the Communications Act of 1934 (47 U.S.C. 
309(j)(8)) is amended— 
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(1) 
in 
subparagraph 
(C)(i), 
by 
striking 
‘‘(D)(ii)’’ and inserting ‘‘(D)(ii), (D)(iii)’’; and 
(2) in subparagraph (D)— 
(A) in clause (i), by striking ‘‘clause (ii)’’ 
and inserting ‘‘clauses (ii) and (iii)’’; and 
(B) by adding at the end the following: 
‘‘(iii) FEDERAL
SPECTRUM
INCEN-
TIVES.—Notwithstanding 
subparagraph 
(A) and except as provided in subpara-
graph (B) and clause (ii) of this subpara-
graph, in the case of proceeds (including 
deposits and upfront payments from suc-
cessful bidders) attributable to the auction 
of eligible frequencies described in section 
113(g)(2) of the National Telecommuni-
cations and Information Administration 
Organization Act with respect to which the 
Commission has received notice under sec-
tion 113(g)(4)(A)(ii) of such Act, 1 per-
cent of such proceeds shall be deposited in 
the Federal Spectrum Incentive Fund es-
tablished by section 120 of such Act and 
shall be available in accordance with such 
section. The remainder of such proceeds 
shall be deposited in the general fund of 
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the Treasury, where such proceeds shall be 
dedicated for the sole purpose of deficit re-
duction.’’. 
(e) FEDERAL SPECTRUM INCENTIVE FUND.—Part B 
of the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 921 et seq.) is 
amended by adding at the end the following: 
‘‘SEC. 120. FEDERAL SPECTRUM INCENTIVE FUND. 
‘‘(a) ESTABLISHMENT.—There is established in the 
Treasury of the United States a fund to be known as the 
Federal Spectrum Incentive Fund (in this section referred 
to as the ‘Fund’), which shall be administered by the Of-
fice of Management and Budget (in this section referred 
to as ‘OMB’), in consultation with the NTIA. 
‘‘(b) TRANSFER OF FUNDS.—The Director of OMB 
shall transfer from the Fund to a Federal entity an 
amount equal to the amount deposited in accordance with 
section 309(j)(8)(D)(iii) of the Communications Act of 
1934 that is attributable to the auction of eligible fre-
quencies described in section 113(g)(2) of this Act being 
vacated by such entity. Such amount shall be available to 
the Federal entity in accordance with subsection (c) and 
shall remain available until expended. 
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‘‘(c) USE OF FUNDS.—A Federal entity may use an 
amount transferred under subsection (b) for the following 
purposes: 
‘‘(1) OFFSET OF SEQUESTRATION.—Any pur-
poses permitted under the terms and conditions of 
an appropriations account of the Federal entity that 
was subject to sequestration for any fiscal year 
under the Balanced Budget and Emergency Deficit 
Control Act of 1985. The amount used for such pur-
poses under this paragraph may not exceed the 
amount by which the amount available to such entity 
under such account was reduced by sequestration for 
such fiscal year. 
‘‘(2) TRANSFER TO INCUMBENT FEDERAL EN-
TITY.—In the case of a Federal entity that is relo-
cating operations to frequencies assigned to an in-
cumbent Federal entity in order for such entities to 
share such frequencies, to transfer an amount to the 
incumbent Federal entity for any purposes permitted 
under this subsection (except this paragraph). The 
transferred amount shall remain available to the in-
cumbent Federal entity until expended. 
‘‘(d) PROHIBITION ON DUPLICATIVE PAYMENTS.—If 
the 
Commission 
receives 
notice 
under 
section 
113(g)(4)(A)(ii) of a discontinuance of operations on or 
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relocation from eligible frequencies by a Federal entity 
that has received, from the Spectrum Relocation Fund in 
accordance with section 118(d)(3), relocation or sharing 
costs related to pre-auction estimates or research with re-
spect to such frequencies, the Director of OMB shall de-
duct from the amount to be transferred to such entity 
under subsection (b) an amount equal to such costs and 
shall transfer such amount to the Spectrum Relocation 
Fund.’’. 
(f) DEPARTMENT OF DEFENSE SPECTRUM.—Section 
1062(b) of the National Defense Authorization Act for 
Fiscal Year 2000 (Public Law 106–65) does not apply to 
frequencies with respect to which the Federal Communica-
tions Commission has received notice under section 
113(g)(4)(A)(ii) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 
923(g)(4)(A)(ii)). 
SEC. 403. COSTS OF INCUMBENT FEDERAL ENTITIES RE-
LATED TO SPECTRUM SHARING. 
(a) DESCRIPTION
OF ELIGIBLE FEDERAL ENTI-
TIES.—Section 113(g)(1) of the National Telecommuni-
cations and Information Administration Organization Act 
(47 U.S.C. 923(g)(1)) is amended— 
(1) by striking ‘‘authorized to use a band of eli-
gible frequencies described in paragraph (2)’’; 
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(2) by striking ‘‘spectrum frequencies’’ the first 
place it appears and inserting ‘‘eligible frequencies 
described in paragraph (2)’’; and 
(3) by striking ‘‘spectrum frequencies’’ the sec-
ond place it appears and inserting ‘‘eligible fre-
quencies described in such paragraph’’. 
(b) DEFINITION
OF
RELOCATION
OR
SHARING 
COSTS.—Section 113(g)(3)(A) of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 923(g)(3)(A)) is amended— 
(1) in clause (iv)(II), by striking ‘‘and’’ at the 
end; 
(2) in clause (v), by striking the period and in-
serting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(vi) the costs incurred by an incum-
bent Federal entity to accommodate shar-
ing the spectrum frequencies assigned to 
such entity with a Federal entity the oper-
ations of which are being relocated from el-
igible frequencies described in paragraph 
(2), unless the Commission receives notice 
under paragraph (4)(A)(ii)(II) with respect 
to the relocation of such operations.’’. 
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(c) SPECTRUM RELOCATION FUND.—Section 118 of 
the National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 928) is amend-
ed— 
(1) in subsection (c), by striking ‘‘with respect 
to’’ and all that follows and inserting the following: 
‘‘with respect to— 
‘‘(1) relocation from or sharing of such eligible 
frequencies; or 
‘‘(2) in the case of an incumbent Federal entity 
described in section 113(g)(3)(A)(vi), accommo-
dating sharing the spectrum frequencies assigned to 
such entity with a Federal entity the operations of 
which are being relocated from such eligible fre-
quencies.’’; and 
(2) in subsection (d)— 
(A) in paragraph (2)(A), by inserting ‘‘(or, 
in the case of an incumbent Federal entity de-
scribed in section 113(g)(3)(A)(vi), the eligible 
Federal entity the operations of which are being 
relocated has submitted such a plan)’’ after 
‘‘transition plan’’; and 
(B) in paragraph (3)(B)(ii), by inserting 
‘‘except in the case of an incumbent Federal en-
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tity described in section 113(g)(3)(A)(vi),’’ be-
fore ‘‘the transition plan’’. 
TITLE 
V—PROVIDING 
REGU-
LATORY RELIEF, CERTAINTY, 
AND TRANSPARENCY 
Subtitle A—Energy Consumers 
Relief 
CHAPTER 1—FINALIZING ENERGY- 
RELATED RULES 
SEC. 501. PROHIBITION AGAINST FINALIZING CERTAIN EN-
ERGY-RELATED RULES THAT WILL CAUSE 
SIGNIFICANT ADVERSE EFFECTS TO THE 
ECONOMY. 
Notwithstanding any other provision of law, the Ad-
ministrator of the Environmental Protection Agency may 
not promulgate as final an energy-related rule that is esti-
mated to cost more than $1 billion if the Secretary of En-
ergy determines under section 502(3) that the rule will 
cause significant adverse effects to the economy. 
SEC. 502. REPORTS AND DETERMINATIONS PRIOR TO PRO-
MULGATING AS FINAL CERTAIN ENERGY-RE-
LATED RULES. 
Before promulgating as final any energy-related rule 
that is estimated to cost more than $1 billion: 
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(1) REPORT TO CONGRESS.—The Administrator 
of the Environmental Protection Agency shall sub-
mit to Congress a report (and transmit a copy to the 
Secretary of Energy) containing— 
(A) a copy of the rule; 
(B) a concise general statement relating to 
the rule; 
(C) an estimate of the total costs of the 
rule, including the direct costs and indirect 
costs of the rule; 
(D)(i) an estimate of the total benefits of 
the rule and when such benefits are expected to 
be realized; 
(ii) a description of the modeling, the cal-
culations, the assumptions, and the limitations 
due to uncertainty, speculation, or lack of infor-
mation associated with the estimates under this 
subparagraph; and 
(iii) a certification that all data and docu-
ments relied upon by the Agency in developing 
such estimates— 
(I) have been preserved; and 
(II) are available for review by the 
public on the Agency’s Web site, except to 
the extent to which publication of such 
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data and documents would constitute dis-
closure of confidential information in viola-
tion of applicable Federal law; 
(E) an estimate of the increases in energy 
prices, including potential increases in gasoline 
or electricity prices for consumers, that may re-
sult from implementation or enforcement of the 
rule; and 
(F) a detailed description of the employ-
ment effects, including potential job losses and 
shifts in employment, that may result from im-
plementation or enforcement of the rule. 
(2) INITIAL
DETERMINATION
ON
INCREASES 
AND IMPACTS.—The Secretary of Energy, in con-
sultation with the Federal Energy Regulatory Com-
mission and the Administrator of the Energy Infor-
mation Administration, shall prepare an independent 
analysis to determine whether the rule will cause— 
(A) any increase in energy prices for con-
sumers, including low-income households, small 
businesses, and manufacturers; 
(B) any impact on fuel diversity of the Na-
tion’s electricity generation portfolio or on na-
tional, regional, or local electric reliability; 
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(C) any adverse effect on energy supply, 
distribution, or use due to the economic or tech-
nical infeasibility of implementing the rule; or 
(D) any other adverse effect on energy 
supply, distribution, or use (including a short-
fall in supply and increased use of foreign sup-
plies). 
(3) SUBSEQUENT DETERMINATION ON ADVERSE 
EFFECTS TO THE ECONOMY.—If the Secretary of 
Energy determines, under paragraph (2), that the 
rule will cause an increase, impact, or effect de-
scribed in such paragraph, then the Secretary, in 
consultation with the Administrator of the Environ-
mental Protection Agency, the Secretary of Com-
merce, the Secretary of Labor, and the Adminis-
trator of the Small Business Administration, shall— 
(A) determine whether the rule will cause 
significant adverse effects to the economy, tak-
ing into consideration— 
(i) the costs and benefits of the rule 
and limitations in calculating such costs 
and benefits due to uncertainty, specula-
tion, or lack of information; and 
(ii) the positive and negative impacts 
of the rule on economic indicators, includ-
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ing those related to gross domestic prod-
uct, 
unemployment, 
wages, 
consumer 
prices, and business and manufacturing ac-
tivity; and 
(B) publish the results of such determina-
tion in the Federal Register. 
SEC. 503. DEFINITIONS. 
In this chapter: 
(1) The terms ‘‘direct costs’’ and ‘‘indirect 
costs’’ have the meanings given such terms in chap-
ter 8 of the Environmental Protection Agency’s 
‘‘Guidelines for Preparing Economic Analyses’’ 
dated December 17, 2010. 
(2) The term ‘‘energy-related rule that is esti-
mated to cost more than $1 billion’’ means a rule of 
the Environmental Protection Agency that— 
(A) regulates any aspect of the production, 
supply, distribution, or use of energy or pro-
vides for such regulation by States or other gov-
ernmental entities; and 
(B) is estimated by the Administrator of 
the Environmental Protection Agency or the 
Director of the Office of Management and 
Budget to impose direct costs and indirect 
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costs, 
in 
the 
aggregate, 
of 
more 
than 
$1,000,000,000. 
(3) The term ‘‘rule’’ has the meaning given to 
such term in section 551 of title 5, United States 
Code. 
SEC. 504. PROHIBITION ON USE OF SOCIAL COST OF CAR-
BON IN ANALYSIS. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any Executive order, the Administrator of 
the Environmental Protection Agency may not use the so-
cial cost of carbon in order to incorporate social benefits 
of reducing carbon dioxide emissions, or for any other rea-
son, in any cost-benefit analysis relating to an energy-re-
lated rule that is estimated to cost more than $1 billion 
unless and until a Federal law is enacted authorizing such 
use. 
(b) DEFINITION.—In this section, the term ‘‘social 
cost of carbon’’ means the social cost of carbon as de-
scribed in the technical support document entitled ‘‘Tech-
nical Support Document: Technical Update of the Social 
Cost of Carbon for Regulatory Impact Analysis Under Ex-
ecutive Order 12866’’, published by the Interagency 
Working Group on Social Cost of Carbon, United States 
Government, in May 2013, or any successor or substan-
tially related document, or any other estimate of the mone-
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