H. R. 3630—97 
the District of Columbia Circuit by filing a notice of appeal 
with that court not later than 30 days after the date of such 
decision. Each party shall bear its own costs and expenses, 
including attorneys’ fees, for any appeal under this paragraph. 
‘‘(8) REGULATIONS.—Not later than 180 days after the date 
of the enactment of the Middle Class Tax Relief and Job Cre-
ation Act of 2012, the NTIA shall, after public notice and 
comment and subject to approval by OMB, adopt regulations 
to govern the working of any dispute resolution boards estab-
lished under paragraph (2)(A) and the role of the Technical 
Panel in assisting any such board. 
‘‘(9) CERTAIN REQUIREMENTS INAPPLICABLE.—The Federal 
Advisory Committee Act (5 U.S.C. App.) and sections 552 and 
552b of title 5, United States Code, shall not apply to a dispute 
resolution board established under paragraph (2)(A). 
‘‘(j) RELOCATION PRIORITIZED OVER SHARING.— 
‘‘(1) IN GENERAL.—In evaluating a band of frequencies for 
possible reallocation for exclusive non-Federal use or shared 
use, the NTIA shall give priority to options involving realloca-
tion of the band for exclusive non-Federal use and shall choose 
options involving shared use only when it determines, in con-
sultation with the Director of the Office of Management and 
Budget, that relocation of a Federal entity from the band is 
not feasible because of technical or cost constraints. 
‘‘(2) NOTIFICATION OF CONGRESS WHEN SHARING CHOSEN.— 
If the NTIA determines under paragraph (1) that relocation 
of a Federal entity from the band is not feasible, the NTIA 
shall notify the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on Energy 
and Commerce of the House of Representatives of the deter-
mination, including the specific technical or cost constraints 
on which the determination is based.’’. 
(b) CONFORMING AMENDMENT.—Section 309(j) of the Commu-
nications Act of 1934 is further amended by striking ‘‘relocation 
costs’’ each place it appears and inserting ‘‘relocation or sharing 
costs’’. 
SEC. 6702. SPECTRUM RELOCATION FUND. 
Section 118 of the National Telecommunications and Informa-
tion Administration Organization Act (47 U.S.C. 928) is amended— 
(1) by striking ‘‘relocation costs’’ each place it appears and 
inserting ‘‘relocation or sharing costs’’; 
(2) by amending subsection (c) to read as follows: 
‘‘(c) USE OF FUNDS.—The amounts in the Fund from auctions 
of eligible frequencies are authorized to be used to pay relocation 
or sharing costs of an eligible Federal entity incurring such costs 
with respect to relocation from or sharing of those frequencies.’’; 
(3) in subsection (d)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by inserting ‘‘or sharing’’ 
before the semicolon; 
(ii) in subparagraph (B), by inserting ‘‘or sharing’’ 
before the period at the end; 
(iii) by redesignating subparagraphs (A) and (B) 
as subparagraphs (B) and (C), respectively; and 
(iv) by inserting before subparagraph (B), as so 
redesignated, the following:
H. R. 3630—98 
‘‘(A) unless the eligible Federal entity has submitted 
a transition plan to the NTIA as required by paragraph 
(1) of section 113(h), the Technical Panel has found such 
plan sufficient under paragraph (4) of such section, and 
the NTIA has made available such plan on its website 
as required by paragraph (5) of such section;’’; 
(B) by striking paragraph (3); and 
(C) by adding at the end the following: 
‘‘(3) TRANSFERS FOR PRE-AUCTION COSTS.— 
‘‘(A) IN GENERAL.—Subject to subparagraph (B), the 
Director of OMB may transfer to an eligible Federal entity, 
at any time (including prior to a scheduled auction), such 
sums as may be available in the Fund to pay relocation 
or sharing costs related to pre-auction estimates or 
research, 
as 
such 
costs 
are 
described 
in 
section 
113(g)(3)(A)(iii). 
‘‘(B) NOTIFICATION.—No funds may be transferred 
pursuant to subparagraph (A) unless— 
‘‘(i) the notification provided under paragraph 
(2)(C) includes a certification from the Director of OMB 
that— 
‘‘(I) funds transferred before an auction will 
likely allow for timely implementation of relocation 
or sharing, thereby increasing net expected auction 
proceeds by an amount not less than the time 
value of the amount of funds transferred; and 
‘‘(II) the auction is intended to occur not later 
than 5 years after transfer of funds; and 
‘‘(ii) the transition plan submitted by the eligible 
Federal entity under section 113(h)(1) provides— 
‘‘(I) to the fullest extent possible, for sharing 
and coordination of eligible frequencies with non- 
Federal users, including reasonable accommoda-
tion by the eligible Federal entity for the use of 
eligible frequencies by non-Federal users during 
the period that the entity is relocating its spectrum 
uses (in this clause referred to as the ‘transition 
period’); 
‘‘(II) for non-Federal users to be able to use 
eligible frequencies during the transition period 
in geographic areas where the eligible Federal 
entity does not use such frequencies; 
‘‘(III) that the eligible Federal entity will, 
during the transition period, make itself available 
for negotiation and discussion with non-Federal 
users not later than 30 days after a written request 
therefor; and 
‘‘(IV) that the eligible Federal entity will, 
during the transition period, make available to 
a non-Federal user with appropriate security clear-
ances any classified information (as defined in sec-
tion 798(b) of title 18, United States Code) 
regarding the relocation process, on a need-to-know 
basis, to assist the non-Federal user in the reloca-
tion process with such eligible Federal entity or 
other eligible Federal entities. 
‘‘(C) APPLICABILITY TO CERTAIN COSTS.—
H. R. 3630—99 
‘‘(i) IN
GENERAL.—The Director of OMB may 
transfer under subparagraph (A) not more than 
$10,000,000 for costs incurred after June 28, 2010, 
but before the date of the enactment of the Middle 
Class Tax Relief and Job Creation Act of 2012. 
‘‘(ii) SUPPLEMENT
NOT
SUPPLANT.—Any amounts 
transferred by the Director of OMB pursuant to clause 
(i) shall be in addition to any amounts that the Director 
of OMB may transfer for costs incurred on or after 
the date of the enactment of the Middle Class Tax 
Relief and Job Creation Act of 2012. 
‘‘(4) REVERSION OF UNUSED FUNDS.—Any amounts in the 
Fund that are remaining after the payment of the relocation 
or sharing costs that are payable from the Fund shall revert 
to and be deposited in the general fund of the Treasury, for 
the sole purpose of deficit reduction, not later than 8 years 
after the date of the deposit of such proceeds to the Fund, 
unless within 60 days in advance of the reversion of such 
funds, the Director of OMB, in consultation with the NTIA, 
notifies the congressional committees described in paragraph 
(2)(C) that such funds are needed to complete or to implement 
current or future relocation or sharing arrangements.’’; 
(4) in subsection (e)— 
(A) in paragraph (1)(B)— 
(i) in clause (i), by striking ‘‘subsection (d)(2)(A)’’ 
and inserting ‘‘subsection (d)(2)(B)’’; and 
(ii) in clause (ii), by striking ‘‘subsection (d)(2)(B)’’ 
and inserting ‘‘subsection (d)(2)(C)’’; and 
(B) in paragraph (2)— 
(i) by striking ‘‘entity’s relocation’’ and inserting 
‘‘relocation of the entity or implementation of the 
sharing arrangement by the entity’’; 
(ii) by inserting ‘‘or the implementation of such 
arrangement’’ after ‘‘such relocation’’; and 
(iii) by striking ‘‘subsection (d)(2)(A)’’ and inserting 
‘‘subsection (d)(2)(B)’’; and 
(5) by adding at the end the following: 
‘‘(f) ADDITIONAL PAYMENTS FROM FUND.— 
‘‘(1) AMOUNTS AVAILABLE.—Notwithstanding subsections (c) 
through (e), after the date of the enactment of the Middle 
Class Tax Relief and Job Creation Act of 2012, there are appro-
priated from the Fund and available to the Director of OMB 
for use in accordance with paragraph (2) not more than 10 
percent of the amounts deposited in the Fund from auctions 
occurring after such date of enactment of licenses for the use 
of spectrum vacated by eligible Federal entities. 
‘‘(2) USE OF AMOUNTS.— 
‘‘(A) IN GENERAL.—The Director of OMB, in consulta-
tion with the NTIA, may use amounts made available 
under paragraph (1) to make payments to eligible Federal 
entities that are implementing a transition plan submitted 
under section 113(h)(1) in order to encourage such entities 
to complete the implementation more quickly, thereby 
encouraging timely access to the eligible frequencies that 
are being reallocated for exclusive non-Federal use or 
shared use.
H. R. 3630—100 
‘‘(B) CONDITIONS.—In the case of any payment by the 
Director of OMB under subparagraph (A)— 
‘‘(i) such payment shall be based on the market 
value of the eligible frequencies, the timeliness with 
which the eligible Federal entity clears its use of such 
frequencies, and the need for such frequencies in order 
for the entity to conduct its essential missions; 
‘‘(ii) the eligible Federal entity shall use such pay-
ment for the purposes specified in clauses (i) through 
(v) of section 113(g)(3)(A) to achieve comparable capa-
bility of systems affected by the reallocation of eligible 
frequencies from Federal use to exclusive non-Federal 
use or to shared use; 
‘‘(iii) such payment may not be made if the amount 
remaining in the Fund after such payment will be 
less than 10 percent of the winning bids in the auction 
of the spectrum with respect to which the Federal 
entity is incurring relocation or sharing costs; and 
‘‘(iv) such payment may not be made until 30 days 
after the Director of OMB has notified the congres-
sional committees described in subsection (d)(2)(C). 
‘‘(g) RESTRICTION ON USE OF FUNDS.—No amounts in the Fund 
on the day before the date of the enactment of the Middle Class 
Tax Relief and Job Creation Act of 2012 may be used for any 
purpose except— 
‘‘(1) to pay the relocation or sharing costs incurred by 
eligible Federal entities in order to relocate from the frequencies 
the auction of which generated such amounts; or 
‘‘(2) to pay relocation or sharing costs related to pre-auction 
estimates or research, in accordance with subsection (d)(3).’’. 
SEC. 6703. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION. 
Part B of title I of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 921 et 
seq.) is amended by adding at the end the following: 
‘‘SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION. 
‘‘(a) DETERMINATION.—If the head of an Executive agency (as 
defined in section 105 of title 5, United States Code) determines 
that public disclosure of any information contained in a notification 
or report required by section 113 or 118 would reveal classified 
national security information, or other information for which there 
is a legal basis for nondisclosure and the public disclosure of which 
would be detrimental to national security, homeland security, or 
public safety or would jeopardize a law enforcement investigation, 
the head of the Executive agency shall notify the Assistant Sec-
retary of that determination prior to the release of such information. 
‘‘(b) INCLUSION IN ANNEX.—The head of the Executive agency 
shall place the information with respect to which a determination 
was made under subsection (a) in a separate annex to the notifica-
tion or report required by section 113 or 118. The annex shall 
be provided to the subcommittee of primary jurisdiction of the 
congressional committee of primary jurisdiction in accordance with 
appropriate national security stipulations but shall not be disclosed 
to the public or provided to any unauthorized person through any 
means.’’.
H. R. 3630—101 
TITLE VII—MISCELLANEOUS 
PROVISIONS 
SEC. 7001. REPEAL OF CERTAIN SHIFTS IN THE TIMING OF CORPORATE 
ESTIMATED TAX PAYMENTS. 
The following provisions of law (and any modification of any 
such provision which is contained in any other provision of law) 
shall not apply with respect to any installment of corporate esti-
mated tax: 
(1) Section 201(b) of the Corporate Estimated Tax Shift 
Act of 2009. 
(2) Section 561 of the Hiring Incentives to Restore Employ-
ment Act. 
(3) Section 505 of the United States-Korea Free Trade 
Agreement Implementation Act. 
(4) Section 603 of the United States-Colombia Trade Pro-
motion Agreement Implementation Act. 
(5) Section 502 of the United States-Panama Trade Pro-
motion Agreement Implementation Act. 
SEC. 7002. REPEAL OF REQUIREMENT RELATING TO TIME FOR REMIT-
TING CERTAIN MERCHANDISE PROCESSING FEES. 
(a) REPEAL.—The Trade Adjustment Assistance Extension Act 
of 2011 (title II of Public Law 112–40; 125 Stat. 402) is amended 
by striking section 263. 
(b) CLERICAL AMENDMENT.—The table of contents for such Act 
is amended by striking the item relating to section 263. 
SEC. 7003. TREATMENT FOR PAYGO PURPOSES. 
The budgetary effects of this Act shall not be entered on either 
PAYGO scorecard maintained pursuant to section 4(d) of the Statu-
tory Pay-As-You-Go Act of 2010. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.