SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Demand for electromagnetic spectrum is 
sharply rising due to the growing advanced network 
of communications devices that rely on spectrum to 
transmit and receive information. 
(2) It is necessary for the United States to 
maintain its investments in innovation of spectrum 
and broadband infrastructure to ensure the United 
States is a global leader in the wireless age. 
(3) Spectrum is a finite resource, and in order 
to spur innovation, the United States must provide 
for better and more efficient spectrum management. 
(4) Many spectrum holders do not efficiently 
use their frequency assignments, and a restructuring 
of the usable spectrum is a viable solution to make 
up for this lost opportunity. 
(5) Making available additional spectrum to 
meet the demands of broadband technologies and 
services will prevent dropped connections, blocked 
service, decreased connection speed, and even higher 
prices for certain advanced applications. 
(6) The availability of increased spectrum will 
allow advanced technologies such as 4G mobile serv-
ices, high-speed wireless, high definition television, 
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and more to continue operating without network 
problems and interference. 
(7) The United States public debt totals more 
than $14,300,000,000,000. 
(8) Congress should look for ways to increase 
Government revenues without creating additional 
burdens on taxpayers. 
(9) Auctioning spectrum is the most economi-
cally sound method for accurate valuation and as-
signment of spectrum to develop the next generation 
of wireless technologies, expand broadband service to 
underserved areas of the country, develop an inter-
operable public safety network, and reduce the def-
icit. 
(10) Recent spectrum auctions in Germany and 
India raised a combined $20,000,000,000. 
(11) Certain frequencies have substantial mar-
ket value and could raise almost $30,000,000,000 in 
a public auction. 
(12) Barriers such as regulatory and adminis-
trative delays are not conducive to the free-market 
approach and can hurt innovation. 
(13) Government spectrum, while extremely im-
portant, is vast and should be included in any spec-
trum reform initiative. 
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SEC. 3. FEDERAL SPECTRUM REALLOCATION COMMISSION. 
(a) IN GENERAL.—Part B of title I of the National 
Telecommunications and Information Administration Or-
ganization Act (47 U.S.C. 921 et seq.) is amended by add-
ing at the end the following: 
‘‘SEC. 119. FEDERAL SPECTRUM REALLOCATION COMMIS-
SION. 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘appropriate congressional com-
mittees’ means— 
‘‘(A) the Committee on Appropriations of 
the Senate; 
‘‘(B) the Committee on Appropriations of 
the House of Representatives; 
‘‘(C) 
the 
Committee 
on 
Commerce, 
Science, and Transportation of the Senate; and 
‘‘(D) the Committee on Energy and Com-
merce of the House of Representatives; 
‘‘(2) the term ‘Chairperson’ means the chair-
person of the Reallocation Commission designated 
under subsection (b)(3)(B); 
‘‘(3) the term ‘Director’ means the Director of 
the Reallocation Commission appointed under sub-
section (b)(5); 
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‘‘(4) the term ‘Executive agency’ has the mean-
ing given the term in section 105 of title 5, United 
States Code; 
‘‘(5) the term ‘Federal entity’ means any de-
partment, agency, or other instrumentality of the 
Federal Government that utilizes a Government sta-
tion license obtained under section 305 of the Com-
munications Act of 1934 (47 U.S.C. 305); 
‘‘(6) the term ‘Reallocation Commission’ means 
the Federal Spectrum Reallocation Commission es-
tablished under subsection (b)(1); and 
‘‘(7) the term ‘relocation costs’— 
‘‘(A) means the costs incurred by a Fed-
eral entity to achieve comparable capability of 
systems, regardless of whether that capability is 
achieved by relocating to a new frequency as-
signment or by utilizing an alternative tech-
nology; and 
‘‘(B) includes— 
‘‘(i) the costs of any modification or 
replacement of equipment, software, facili-
ties, operating manuals, training costs, or 
regulations that are attributable to reloca-
tion; 
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‘‘(ii) the costs of all engineering, 
equipment, software, site acquisition, and 
construction costs, as well as any legiti-
mate and prudent transaction expense, in-
cluding outside consultants, and reasonable 
additional costs incurred by the Federal 
entity that are attributable to relocation, 
including increased recurring costs associ-
ated with the replacement facilities; 
‘‘(iii) the costs of engineering studies, 
economic analyses, or other expenses rea-
sonably incurred in calculating the esti-
mated relocation costs that are provided to 
the Commission under subsection (e)(1)(C) 
and approved by the Director of the Office 
of Management and Budget under sub-
section (e)(1)(D); 
‘‘(iv) the one-time costs of any modi-
fication of equipment reasonably necessary 
to accommodate commercial use of reallo-
cated frequencies prior to the termination 
of the Federal entity’s primary allocation 
or protected status, when the frequencies 
are made available for private-sector uses 
by competitive bidding and a Federal enti-
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ty retains primary allocation or protected 
status in those frequencies for a period of 
time after the completion of the competi-
tive bidding process; and 
‘‘(v) the costs associated with the ac-
celerated replacement of systems and 
equipment if such acceleration is necessary 
to ensure the timely relocation of systems 
to a new frequency assignment. 
‘‘(b) ESTABLISHMENT
AND
OPERATION
OF
RE-
ALLOCATION COMMISSION.— 
‘‘(1) ESTABLISHMENT.—There is established an 
independent commission to be known as the ‘Federal 
Spectrum Reallocation Commission’. 
‘‘(2) DUTIES.—The Reallocation Commission 
shall carry out the duties described in this section. 
‘‘(3) MEMBERSHIP.— 
‘‘(A) APPOINTMENTS.— 
‘‘(i) IN GENERAL.—The Reallocation 
Commission shall be composed of 9 mem-
bers appointed by the President, with the 
advice and consent of the Senate. 
‘‘(ii) REQUIREMENTS
FOR
MEMBER-
SHIP.— 
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‘‘(v) NONPOLITICAL NATURE OF AP-
POINTMENT.—No political test or quali-
fication may be used in selecting, appoint-
ing, promoting, or taking other personnel 
actions with respect to members, officers, 
agents, or employees of the Reallocation 
Commission. 
‘‘(B) CHAIRPERSON.—At the time the 
President nominates individuals for appoint-
ments under subparagraph (A), the President 
shall designate 1 of the individuals nominated 
to serve as the Chairperson of the Reallocation 
Commission. 
‘‘(C) TERMS.— 
‘‘(i) IN GENERAL.—Each member of 
the Reallocation Commission may serve 
until the Commission sunsets under para-
graph (12). 
‘‘(ii) 
CHAIRPERSON.—The 
Chair-
person may serve until the confirmation of 
a successor. 
‘‘(iii) VACANCIES.—Any vacancy in 
the Reallocation Commission shall be filled 
in the same manner as the original ap-
pointment. 
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‘‘(D) COMPENSATION OF MEMBERS.— 
‘‘(i) IN GENERAL.—Each member of 
the Reallocation Commission, other than 
the Chairperson, shall be paid at a rate 
equal to the daily equivalent of the min-
imum annual rate of basic pay payable for 
level IV of the Executive Schedule under 
section 5315 of title 5, United States 
Code, for each day (including travel time) 
during which the member is engaged in the 
actual performance of duties vested in the 
Reallocation Commission. 
‘‘(ii) 
CHAIRPERSON.—The 
Chair-
person shall be paid for each day referred 
to in clause (i) at a rate equal to the daily 
equivalent of the minimum annual rate of 
basic pay payable for level III of the Exec-
utive Schedule under section 5314 of title 
5, United States Code. 
‘‘(4) MEETINGS.— 
‘‘(A) IN GENERAL.—Each meeting of the 
Reallocation Commission, other than meetings 
in which classified information is to be dis-
cussed, shall be open to the public. 
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‘‘(B) ACCESS
TO
INFORMATION.—All of 
the proceedings, information, and deliberations 
of the Commission shall be open, upon request, 
to— 
‘‘(i) the Chairman and the ranking 
member of the Subcommittee on Commu-
nications, Technology, and the Internet of 
the Committee on Commerce, Science, and 
Transportation of the Senate, or such 
other members of the Subcommittee des-
ignated by the Chairman or ranking mem-
ber of the Subcommittee; 
‘‘(ii) the Chairman and the ranking 
member of the Subcommittee on Commu-
nications and Technology of the Committee 
on Energy and Commerce of the House of 
Representatives, or such other members of 
the Subcommittee designated by the Chair-
man or ranking member of the Sub-
committee; and 
‘‘(iii) the Chairmen and ranking mem-
bers of the Subcommittees on Commerce, 
Justice, Science, and Related Agencies and 
on Financial Services and General Govern-
ment of the Committees on Appropriations 
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of the Senate and of the House of Rep-
resentatives, or such other members of the 
Subcommittees designated by such Chair-
men or ranking members. 
‘‘(5) DIRECTOR OF STAFF.— 
‘‘(A) 
IN
GENERAL.—The 
Reallocation 
Commission shall, without regard to the provi-
sions of title 5, United States Code, governing 
appointments in the competitive service, appoint 
a Director. 
‘‘(B) PAY.—The Director shall, without re-
gard to the provisions of chapter 51 and sub-
chapter III of chapter 53 of such title (relating 
to classification and General Schedule pay 
rates), be paid at the rate of basic pay payable 
for level IV of the Executive Schedule under 
section 5315 of title 5, United States Code. 
‘‘(6) STAFF.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graphs (B) and (C), the Director, with the ap-
proval of the Reallocation Commission, may ap-
point and fix the pay of additional personnel as 
may be necessary to enable the Reallocation 
Commission to perform the duties of the Re-
allocation Commission. 
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‘‘(B) LIMITATION.—The Director may 
make such appointments without regard to the 
provisions of title 5, United States Code, gov-
erning appointments in the competitive service, 
and any personnel so appointed may be paid 
without regard to the provisions of chapter 51 
and subchapter III of chapter 53 of that title 
relating to classification and General Schedule 
pay rates, except that an individual appointed 
under this paragraph may not receive pay in ex-
cess of the annual rate of basic pay payable for 
GS–18 of the General Schedule. 
‘‘(C) DETAIL
OF
GOVERNMENT
EMPLOY-
EES.—Upon request of the Director, the Sec-
retary may detail any of the personnel of the 
Department of Commerce to the Reallocation 
Commission to assist the Reallocation Commis-
sion in carrying out its duties. 
‘‘(D) GAO AGREEMENT.—The Comptroller 
General of the United States shall provide as-
sistance, including the detailing of employees, to 
the Reallocation Commission in accordance with 
an agreement entered into with the Reallocation 
Commission. 
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‘‘(7) PROCUREMENT
OF
TEMPORARY
AND 
INTERMITTENT
SERVICES.—The Chairperson may 
procure temporary and intermittent services under 
section 3109 of title 5, United States Code, at rates 
for individuals which do not exceed the daily equiva-
lent of the annual rate of basic pay prescribed for 
level V of the Executive Schedule under section 5316 
of such title. 
‘‘(8) PROPERTY.—The Chairperson may lease 
space and acquire personal property to the extent 
funds are available. 
‘‘(9) POSTAL
AND
PRINTING
SERVICES.—The 
Reallocation Commission may use the United States 
mails and obtain printing and binding services in the 
same manner and under the same conditions as 
other agencies of the United States. 
‘‘(10) OBTAINING
INFORMATION.—The Re-
allocation Commission may secure directly from any 
agency or department of the United States informa-
tion necessary to enable it to carry out its duties 
under this section. Upon request of any member of 
the Reallocation Commission, the head of that agen-
cy or department shall furnish that information to 
the Reallocation Commission in a full and timely 
manner. 
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