H. R. 5419—8
by the geographic location of the Federal entities’ facilities
or systems and the frequency bands used by such facilities
or systems.
‘‘(5) NOTICE TO CONGRESSIONAL COMMITTEES AND GAO.—
The NTIA shall, at the time of providing an initial estimate
of relocation costs to the Commission under paragraph (4)(A),
submit to Committees on Appropriations and Energy and Com-
merce of the House of Representatives for approval, to the
Committees on Appropriations and Commerce, Science, and
Transportation of the Senate for approval, and to the Comp-
troller General a copy of such estimate and the timelines for
relocation. Unless disapproved within 30 days, the estimate
shall be approved. If disapproved, the NTIA may resubmit
a revised initial estimate.
‘‘(6) IMPLEMENTATION
OF
PROCEDURES.—The NTIA shall
take such actions as necessary to ensure the timely relocation
of Federal entities’ spectrum-related operations from fre-
quencies defined in paragraph (2) to frequencies or facilities
of comparable capability. Upon a finding by the NTIA that
a Federal entity has achieved comparable capability of systems
by relocating to a new frequency assignment or by utilizing
an alternative technology, the NTIA shall terminate the entity’s
authorization and notify the Commission that the entity’s
relocation has been completed. The NTIA shall also terminate
such entity’s authorization if the NTIA determines that the
entity has unreasonably failed to comply with the timeline
for relocation submitted by the Director of the Office of Manage-
ment and Budget under section 118(d)(2)(B).’’.
SEC. 203. MINIMUM AUCTION RECEIPTS AND DISPOSITION OF PRO-
CEEDS.
(a) AUCTION DESIGN.—Section 309(j)(3) of the Communications
Act of 1934 (47 U.S.C. 309(j)(3)) is amended—
(1) by striking ‘‘and’’ at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ‘‘; and’’; and
(3) by adding at the end the following new subparagraph:
‘‘(F) for any auction of eligible frequencies described
in section 113(g)(2) of the National Telecommunications
and Information Administration Organization Act (47
U.S.C. 923(g)(2)), the recovery of 110 percent of estimated
relocation costs as provided to the Commission pursuant
to section 113(g)(4) of such Act.’’.
(b) SPECIAL AUCTION PROVISIONS FOR ELIGIBLE FREQUENCIES.—
Section 309(j) of such Act is further amended by adding at the
end the following new paragraph:
‘‘(15) SPECIAL
AUCTION
PROVISIONS
FOR
ELIGIBLE
FRE-
QUENCIES.—
‘‘(A) SPECIAL
REGULATIONS.—The Commission shall
revise the regulations prescribed under paragraph (4)(F)
of this subsection to prescribe methods by which the total
cash proceeds from any auction of eligible frequencies
described in section 113(g)(2) of the National Telecommuni-
cations and Information Administration Organization Act
(47 U.S.C. 923(g)(2)) shall at least equal 110 percent of
the total estimated relocation costs provided to the Commis-
sion pursuant to section 113(g)(4) of such Act.
H. R. 5419—9
‘‘(B) CONCLUSION OF AUCTIONS CONTINGENT ON MIN-
IMUM PROCEEDS.—The Commission shall not conclude any
auction of eligible frequencies described in section 113(g)(2)
of such Act if the total cash proceeds attributable to such
spectrum are less than 110 percent of the total estimated
relocation costs provided to the Commission pursuant to
section 113(g)(4) of such Act. If the Commission is unable
to conclude an auction for the foregoing reason, the
Commission shall cancel the auction, return within 45 days
after the auction cancellation date any deposits from
participating bidders held in escrow, and absolve such bid-
ders from any obligation to the United States to bid in
any subsequent reauction of such spectrum.
‘‘(C) AUTHORITY TO ISSUE PRIOR TO DEAUTHORIZATION.—
In any auction conducted under the regulations required
by subparagraph (A), the Commission may grant a license
assigned for the use of eligible frequencies prior to the
termination of an eligible Federal entity’s authorization.
However, the Commission shall condition such license by
requiring that the licensee cannot cause harmful inter-
ference to such Federal entity until such entity’s authoriza-
tion has been terminated by the National Telecommuni-
cations and Information Administration.’’.
(c) DEPOSIT OF PROCEEDS.—Paragraph (8) of section 309(j) of
the Communications Act of 1934 (47 U.S.C. 309(j)) is amended—
(1) in subparagraph (A), by inserting ‘‘or subparagraph
(D)’’ after ‘‘subparagraph (B)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(D) DISPOSITION OF CASH PROCEEDS.—Cash proceeds
attributable to the auction of any eligible frequencies
described in section 113(g)(2) of the National Telecommuni-
cations and Information Administration Organization Act
(47 U.S.C. 923(g)(2)) shall be deposited in the Spectrum
Relocation Fund established under section 118 of such Act,
and shall be available in accordance with that section.’’.
SEC. 204. ESTABLISHMENT OF FUND AND PROCEDURES.
Part B of the National Telecommunications and Information
Administration Organization Act is amended by adding after section
117 (47 U.S.C. 927) the following new section:
‘‘SEC. 118. SPECTRUM RELOCATION FUND.
‘‘(a) ESTABLISHMENT OF SPECTRUM RELOCATION FUND.—There
is established on the books of the Treasury a separate fund to
be known as the ‘Spectrum Relocation Fund’ (in this section referred
to as the ‘Fund’), which shall be administered by the Office of
Management and Budget (in this section referred to as ‘OMB’),
in consultation with the NTIA.
‘‘(b) CREDITING OF RECEIPTS.—The Fund shall be credited with
the amounts specified in section 309(j)(8)(D) of the Communications
Act of 1934 (47 U.S.C. 309(j)(8)(D)).
‘‘(c) USED TO PAY RELOCATION COSTS.—The amounts in the
Fund from auctions of eligible frequencies are authorized to be
used to pay relocation costs, as defined in section 113(g)(3) of
this Act, of an eligible Federal entity incurring such costs with
respect to relocation from those frequencies.
‘‘(d) FUND AVAILABILITY.—
H. R. 5419—10
‘‘(1) APPROPRIATION.—There are hereby appropriated from
the Fund such sums as are required to pay the relocation
costs specified in subsection (c).
‘‘(2) TRANSFER CONDITIONS.—None of the funds provided
under this subsection may be transferred to any eligible Federal
entity—
‘‘(A) unless the Director of OMB has determined, in
consultation with the NTIA, the appropriateness of such
costs and the timeline for relocation; and
‘‘(B) until 30 days after the Director of OMB has sub-
mitted to the Committees on Appropriations and Energy
and Commerce of the House of Representatives for
approval, to the Committees on Appropriations and Com-
merce, Science, and Transportation of the Senate for
approval, and to the Comptroller General a detailed plan
describing specifically how the sums transferred from the
Fund will be used to pay relocation costs in accordance
with such subsection and the timeline for such relocation.
Unless disapproved within 30 days, the amounts in the Fund
shall be available immediately. If the plan is disapproved,
the Director may resubmit a revised plan.
‘‘(3) REVERSION OF UNUSED FUNDS.—Any auction proceeds
in the Fund that are remaining after the payment of the
relocation costs that are payable from the Fund shall revert
to and be deposited in the general fund of the Treasury not
later than 8 years after the date of the deposit of such proceeds
to the Fund.
‘‘(e) TRANSFER TO ELIGIBLE FEDERAL ENTITIES.—
‘‘(1) TRANSFER.—
‘‘(A) Amounts made available pursuant to subsection
(d) shall be transferred to eligible Federal entities, as
defined in section 113(g)(1) of this Act.
‘‘(B) An eligible Federal entity may receive more than
one such transfer, but if the sum of the subsequent transfer
or transfers exceeds 10 percent of the original transfer—
‘‘(i) such subsequent transfers are subject to prior
approval by the Director of OMB as required by sub-
section (d)(2)(A);
‘‘(ii) the notice to the committees containing the
plan required by subsection (d)(2)(B) shall be not less
than 45 days prior to the date of the transfer that
causes such excess above 10 percent;
‘‘(iii) such notice shall include, in addition to such
plan, an explanation of need for such subsequent
transfer or transfers; and
‘‘(iv) the Comptroller General shall, within 30 days
after receiving such plan, review such plan and submit
to such committees an assessment of the explanation
for the subsequent transfer or transfers.
‘‘(C) Such transferred amounts shall be credited to
the appropriations account of the eligible Federal entity
which has incurred, or will incur, such costs, and shall,
subject to paragraph (2), remain available until expended.
‘‘(2) RETRANSFER TO FUND.—An eligible Federal entity that
has received such amounts shall report its expenditures to
OMB and shall transfer any amounts in excess of actual reloca-
tion costs back to the Fund immediately after the NTIA has
H. R. 5419—11
notified the Commission that the entity’s relocation is complete,
or has determined that such entity has unreasonably failed
to complete such relocation in accordance with the timeline
required by subsection (d)(2)(A).’’.
SEC. 205. TELECOMMUNICATIONS DEVELOPMENT FUND.
Section 714(f) of the Communications Act of 1934 (47 U.S.C.
614(f)) is amended to read as follows:
‘‘(f) LENDING AND CREDIT OPERATIONS.—Loans or other exten-
sions of credit from the Fund shall be made available to an eligible
small business on the basis of—
‘‘(1) the analysis of the business plan of the eligible small
business;
‘‘(2) the reasonable availability of collateral to secure the
loan or credit extension;
‘‘(3) the extent to which the loan or credit extension pro-
motes the purposes of this section; and
‘‘(4) other lending policies as defined by the Board.’’.
SEC. 206. CONSTRUCTION.
Nothing in this title is intended to modify section 1062(b)
of the National Defense Authorization Act for Fiscal Year 2000
(Public Law 106–65).
SEC. 207. ANNUAL REPORT.
The National Telecommunications and Information Administra-
tion shall submit an annual report to the Committees on Appropria-
tions and Energy and Commerce of the House of Representatives,
the Committees on Appropriations and Commerce, Science, and
Transportation of the Senate, and the Comptroller General on—
(1) the progress made in adhering to the timelines
applicable to relocation from eligible frequencies required under
section 118(d)(2)(A) of the National Telecommunications and
Information Administration Organization Act, separately stated
on a communication system-by-system basis and on an auction-
by-auction basis; and
(2) with respect to each relocated communication system
and auction, a statement of the estimate of relocation costs
required under section 113(g)(4) of such Act, the actual reloca-
tions costs incurred, and the amount of such costs paid from
the Spectrum Relocation Fund.
SEC. 208. PRESERVATION OF AUTHORITY; NTIA REPORT REQUIRED.
(a) SPECTRUM MANAGEMENT AUTHORITY RETAINED.—Except as
provided with respect to the bands of frequencies identified in
section 113(g)(2)(A) of the National Telecommunications and
Information 
Administration 
Organization 
Act 
(47 
U.S.C.
923(g)(2)(A)) as amended by this title, nothing in this title or
the amendments made by this title shall be construed as limiting
the Federal Communications Commission’s authority to allocate
bands of frequencies that are reallocated from Federal use to non-
Federal use for unlicensed, public safety, shared, or non-commercial
use.
(b) NTIA REPORT REQUIRED.—Within 1 year after the date
of enactment of this Act, the Administrator of the National Tele-
communications and Information Administration shall submit to
the Energy and Commerce Committee of the House of Representa-
tives and the Commerce, Science, and Transportation Committee