‘‘(A) to pay, on a nondiscriminatory basis, 
applicable premium and other taxes (including 
high risk pool assessments) which are levied on 
insurers and surplus lines insurers, brokers, or 
policyholders under the laws of the State; 
‘‘(B) to register with and designate the 
State insurance commissioner as its agent solely 
for the purpose of receiving service of legal doc-
uments or process; 
‘‘(C) to submit to an examination of its fi-
nancial condition by the State insurance com-
missioner in any State in which the issuer is 
doing business to determine the issuer’s finan-
cial condition, if— 
‘‘(i) the State insurance commissioner 
of the primary State has not done an ex-
amination within the period recommended 
by the National Association of Insurance 
Commissioners; and 
‘‘(ii) any such examination is con-
ducted in accordance with the examiners’ 
handbook of the National Association of 
Insurance Commissioners and is coordi-
nated to avoid unjustified duplication and 
unjustified repetition; 
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‘‘(D) to comply with a lawful order 
issued— 
‘‘(i) in a delinquency proceeding com-
menced by the State insurance commis-
sioner if there has been a finding of finan-
cial impairment under subparagraph (C); 
or 
‘‘(ii) in a voluntary dissolution pro-
ceeding; 
‘‘(E) to comply with an injunction issued 
by a court of competent jurisdiction, upon a pe-
tition by the State insurance commissioner al-
leging that the issuer is in hazardous financial 
condition; 
‘‘(F) to participate, on a nondiscriminatory 
basis, in any insurance insolvency guaranty as-
sociation or similar association to which a 
health insurance issuer in the State is required 
to belong; 
‘‘(G) to comply with any State law regard-
ing fraud and abuse (as defined in section 
2795(10)), except that if the State seeks an in-
junction regarding the conduct described in this 
subparagraph, such injunction must be obtained 
from a court of competent jurisdiction; 
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‘‘(H) to comply with any State law regard-
ing unfair claims settlement practices (as de-
fined in section 2795(9)); or 
‘‘(I) to comply with the applicable require-
ments for independent review under section 
2798 with respect to coverage offered in the 
State; 
‘‘(2) require any individual health insurance 
coverage issued by the issuer to be countersigned by 
an insurance agent or broker residing in that Sec-
ondary State; or 
‘‘(3) otherwise discriminate against the issuer 
issuing insurance in both the primary State and in 
any secondary State. 
‘‘(c) CLEAR
AND CONSPICUOUS DISCLOSURE.—A 
health insurance issuer shall provide the following notice, 
in 12-point bold type, in any insurance coverage offered 
in a secondary State under this part by such a health in-
surance issuer and at renewal of the policy, with the 5 
blank spaces therein being appropriately filled with the 
name of the health insurance issuer, the name of the pri-
mary State, the name of the secondary State, the name 
of the secondary State, and the name of the secondary 
State, respectively, for the coverage concerned: 
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‘‘ ‘NOTICE 
‘‘ ‘This policy is issued by lllll and is gov-
erned by the laws and regulations of the State of 
lllll, and it has met all the laws of that State as 
determined by that State’s Department of Insurance. This 
policy may be less expensive than others because it is not 
subject to all of the insurance laws and regulations of the 
State of lllll, including coverage of some services 
or benefits mandated by the law of the State of 
lllll. Additionally, this policy is not subject to all 
of the consumer protection laws or restrictions on rate 
changes of the State of lllll. As with all insurance 
products, before purchasing this policy, you should care-
fully review the policy and determine what health care 
services the policy covers and what benefits it provides, 
including any exclusions, limitations, or conditions for 
such services or benefits.’. 
‘‘(d) PROHIBITION ON CERTAIN RECLASSIFICATIONS 
AND PREMIUM INCREASES.— 
‘‘(1) IN GENERAL.—For purposes of this sec-
tion, a health insurance issuer that provides indi-
vidual health insurance coverage to an individual 
under this part in a primary or secondary State may 
not upon renewal— 
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‘‘(A) move or reclassify the individual in-
sured under the health insurance coverage from 
the class such individual is in at the time of 
issue of the contract based on the health-status 
related factors of the individual; or 
‘‘(B) increase the premiums assessed the 
individual for such coverage based on a health 
status-related factor or change of a health sta-
tus-related factor or the past or prospective 
claim experience of the insured individual. 
‘‘(2) CONSTRUCTION.—Nothing in paragraph 
(1) shall be construed to prohibit a health insurance 
issuer— 
‘‘(A) from terminating or discontinuing 
coverage or a class of coverage in accordance 
with subsections (b) and (c) of section 2742; 
‘‘(B) from raising premium rates for all 
policy holders within a class based on claims ex-
perience; 
‘‘(C) from changing premiums or offering 
discounted premiums to individuals who engage 
in wellness activities at intervals prescribed by 
the issuer, if such premium changes or incen-
tives— 
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‘‘(i) are disclosed to the consumer in 
the insurance contract; 
‘‘(ii) are based on specific wellness ac-
tivities that are not applicable to all indi-
viduals; and 
‘‘(iii) are not obtainable by all individ-
uals to whom coverage is offered; 
‘‘(D) from reinstating lapsed coverage; or 
‘‘(E) from retroactively adjusting the rates 
charged an insured individual if the initial rates 
were set based on material misrepresentation by 
the individual at the time of issue. 
‘‘(e) PRIOR OFFERING
OF POLICY
IN PRIMARY 
STATE.—A health insurance issuer may not offer for sale 
individual health insurance coverage in a secondary State 
unless that coverage is currently offered for sale in the 
primary State. 
‘‘(f) LICENSING
OF AGENTS
OR BROKERS
FOR 
HEALTH INSURANCE ISSUERS.—Any State may require 
that a person acting, or offering to act, as an agent or 
broker for a health insurance issuer with respect to the 
offering of individual health insurance coverage obtain a 
license from that State, with commissions or other com-
pensation subject to the provisions of the laws of that 
State, except that a State may not impose any qualifica-
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tion or requirement which discriminates against a non-
resident agent or broker. 
‘‘(g) DOCUMENTS FOR SUBMISSION TO STATE IN-
SURANCE COMMISSIONER.—Each health insurance issuer 
issuing individual health insurance coverage in both pri-
mary and secondary States shall submit— 
‘‘(1) to the insurance commissioner of each 
State in which it intends to offer such coverage, be-
fore it may offer individual health insurance cov-
erage in such State— 
‘‘(A) a copy of the plan of operation or fea-
sibility study or any similar statement of the 
policy being offered and its coverage (which 
shall include the name of its primary State and 
its principal place of business); 
‘‘(B) written notice of any change in its 
designation of its primary State; and 
‘‘(C) written notice from the issuer of the 
issuer’s compliance with all the laws of the pri-
mary State; and 
‘‘(2) to the insurance commissioner of each sec-
ondary State in which it offers individual health in-
surance coverage, a copy of the issuer’s quarterly fi-
nancial statement submitted to the primary State, 
which statement shall be certified by an independent 
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public accountant and contain a statement of opin-
ion on loss and loss adjustment expense reserves 
made by— 
‘‘(A) a member of the American Academy 
of Actuaries; or 
‘‘(B) a qualified loss reserve specialist. 
‘‘(h) POWER OF COURTS TO ENJOIN CONDUCT.— 
Nothing in this section shall be construed to affect the 
authority of any Federal or State court to enjoin— 
‘‘(1) the solicitation or sale of individual health 
insurance coverage by a health insurance issuer to 
any person or group who is not eligible for such in-
surance; or 
‘‘(2) the solicitation or sale of individual health 
insurance coverage that violates the requirements of 
the law of a secondary State which are described in 
subparagraphs 
(A) 
through 
(H) 
of 
section 
2796(b)(1). 
‘‘(i) POWER OF SECONDARY STATES TO TAKE AD-
MINISTRATIVE ACTION.—Nothing in this section shall be 
construed to affect the authority of any State to enjoin 
conduct in violation of that State’s laws described in sec-
tion 2796(b)(1). 
‘‘(j) STATE POWERS TO ENFORCE STATE LAWS.— 
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‘‘(1) IN GENERAL.—Subject to the provisions of 
subsection (b)(1)(G) (relating to injunctions) and 
paragraph (2), nothing in this section shall be con-
strued to affect the authority of any State to make 
use of any of its powers to enforce the laws of such 
State with respect to which a health insurance issuer 
is not exempt under subsection (b). 
‘‘(2) COURTS OF COMPETENT JURISDICTION.— 
If a State seeks an injunction regarding the conduct 
described in paragraphs (1) and (2) of subsection 
(h), such injunction must be obtained from a Fed-
eral or State court of competent jurisdiction. 
‘‘(k) STATES’ AUTHORITY TO SUE.—Nothing in this 
section shall affect the authority of any State to bring ac-
tion in any Federal or State court. 
‘‘(l) GENERALLY APPLICABLE LAWS.—Nothing in 
this section shall be construed to affect the applicability 
of State laws generally applicable to persons or corpora-
tions. 
‘‘(m) GUARANTEED AVAILABILITY OF COVERAGE TO 
HIPAA ELIGIBLE INDIVIDUALS.—To the extent that a 
health insurance issuer is offering coverage in a primary 
State that does not accommodate residents of secondary 
States or does not provide a working mechanism for resi-
dents of a secondary State, and the issuer is offering cov-
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erage under this part in such secondary State which has 
not adopted a qualified high risk pool as its acceptable 
alternative mechanism (as defined in section 2744(c)(2)), 
the issuer shall, with respect to any individual health in-
surance coverage offered in a secondary State under this 
part, comply with the guaranteed availability requirements 
for eligible individuals in section 2741. 
‘‘SEC. 2797. PRIMARY STATE MUST MEET FEDERAL FLOOR 
BEFORE ISSUER MAY SELL INTO SECONDARY 
STATES. 
‘‘A health insurance issuer may not offer, sell, or 
issue individual health insurance coverage in a secondary 
State if the State insurance commissioner does not use 
a risk-based capital formula for the determination of cap-
ital and surplus requirements for all health insurance 
issuers. 
‘‘SEC. 2798. INDEPENDENT EXTERNAL APPEALS PROCE-
DURES. 
‘‘(a) RIGHT TO EXTERNAL APPEAL.—A health insur-
ance issuer may not offer, sell, or issue individual health 
insurance coverage in a secondary State under the provi-
sions of this title unless— 
‘‘(1) both the secondary State and the primary 
State have legislation or regulations in place estab-
lishing an independent review process for individuals 
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who are covered by individual health insurance cov-
erage, or 
‘‘(2) in any case in which the requirements of 
subparagraph (A) are not met with respect to the ei-
ther of such States, the issuer provides an inde-
pendent review mechanism substantially identical (as 
determined by the applicable State authority of such 
State) to that prescribed in the ‘Health Carrier Ex-
ternal Review Model Act’ of the National Association 
of Insurance Commissioners for all individuals who 
purchase insurance coverage under the terms of this 
part, except that, under such mechanism, the review 
is conducted by an independent medical reviewer, or 
a panel of such reviewers, with respect to whom the 
requirements of subsection (b) are met. 
‘‘(b) QUALIFICATIONS OF INDEPENDENT MEDICAL 
REVIEWERS.—In the case of any independent review 
mechanism referred to in subsection (a)(2)— 
‘‘(1) IN GENERAL.—In referring a denial of a 
claim to an independent medical reviewer, or to any 
panel of such reviewers, to conduct independent 
medical review, the issuer shall ensure that— 
‘‘(A) each independent medical reviewer 
meets the qualifications described in paragraphs 
(2) and (3); 
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‘‘(B) with respect to each review, each re-
viewer meets the requirements of paragraph (4) 
and the reviewer, or at least 1 reviewer on the 
panel, meets the requirements described in 
paragraph (5); and 
‘‘(C) compensation provided by the issuer 
to each reviewer is consistent with paragraph 
(6). 
‘‘(2) LICENSURE AND EXPERTISE.—Each inde-
pendent medical reviewer shall be a physician 
(allopathic or osteopathic) or health care profes-
sional who— 
‘‘(A) is appropriately credentialed or li-
censed in one or more States to deliver health 
care services; and 
‘‘(B) typically treats the condition, makes 
the diagnosis, or provides the type of treatment 
under review. 
‘‘(3) INDEPENDENCE.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), each independent medical reviewer 
in a case shall— 
‘‘(i) not be a related party (as defined 
in paragraph (7)); 
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‘‘(ii) not have a material familial, fi-
nancial, or professional relationship with 
such a party; and 
‘‘(iii) not otherwise have a conflict of 
interest with such a party (as determined 
under regulations). 
‘‘(B) EXCEPTION.—Nothing in subpara-
graph (A) shall be construed to— 
‘‘(i) prohibit an individual, solely on 
the basis of affiliation with the issuer, 
from serving as an independent medical re-
viewer if— 
‘‘(I) a non-affiliated individual is 
not reasonably available; 
‘‘(II) the affiliated individual is 
not involved in the provision of items 
or services in the case under review; 
‘‘(III) the fact of such an affili-
ation is disclosed to the issuer and the 
enrollee (or authorized representative) 
and neither party objects; and 
‘‘(IV) the affiliated individual is 
not an employee of the issuer and 
does not provide services exclusively or 
primarily to or on behalf of the issuer; 
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‘‘(ii) prohibit an individual who has 
staff privileges at the institution where the 
treatment involved takes place from serv-
ing as an independent medical reviewer 
merely on the basis of such affiliation if 
the affiliation is disclosed to the issuer and 
the enrollee (or authorized representative), 
and neither party objects; or 
‘‘(iii) prohibit receipt of compensation 
by an independent medical reviewer from 
an entity if the compensation is provided 
consistent with paragraph (6). 
‘‘(4) PRACTICING HEALTH CARE PROFESSIONAL 
IN SAME FIELD.— 
‘‘(A) IN
GENERAL.—In a case involving 
treatment, or the provision of items or serv-
ices— 
‘‘(i) by a physician, a reviewer shall be 
a practicing physician (allopathic or osteo-
pathic) of the same or similar specialty, as 
a physician who, acting within the appro-
priate scope of practice within the State in 
which the service is provided or rendered, 
typically treats the condition, makes the 
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diagnosis, or provides the type of treat-
ment under review; or 
‘‘(ii) by a non-physician health care 
professional, the reviewer, or at least 1 
member of the review panel, shall be a 
practicing non-physician health care pro-
fessional of the same or similar specialty 
as the non-physician health care profes-
sional who, acting within the appropriate 
scope of practice within the State in which 
the service is provided or rendered, typi-
cally treats the condition, makes the diag-
nosis, or provides the type of treatment 
under review. 
‘‘(B) PRACTICING
DEFINED.—For pur-
poses of this paragraph, the term ‘practicing’ 
means, with respect to an individual who is a 
physician or other health care professional, that 
the individual provides health care services to 
individual patients on average at least 2 days 
per week. 
‘‘(5) PEDIATRIC EXPERTISE.—In the case of an 
external review relating to a child, a reviewer shall 
have expertise under paragraph (2) in pediatrics. 
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‘‘(6) LIMITATIONS
ON
REVIEWER
COMPENSA-
TION.—Compensation provided by the issuer to an 
independent medical reviewer in connection with a 
review under this section shall— 
‘‘(A) not exceed a reasonable level; and 
‘‘(B) not be contingent on the decision ren-
dered by the reviewer. 
‘‘(7) RELATED PARTY DEFINED.—For purposes 
of this section, the term ‘related party’ means, with 
respect to a denial of a claim under a coverage relat-
ing to an enrollee, any of the following: 
‘‘(A) The issuer involved, or any fiduciary, 
officer, director, or employee of the issuer. 
‘‘(B) The enrollee (or authorized represent-
ative). 
‘‘(C) The health care professional that pro-
vides the items or services involved in the de-
nial. 
‘‘(D) The institution at which the items or 
services (or treatment) involved in the denial 
are provided. 
‘‘(E) The manufacturer of any drug or 
other item that is included in the items or serv-
ices involved in the denial. 
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‘‘(F) Any other party determined under 
any regulations to have a substantial interest in 
the denial involved. 
‘‘(8) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) ENROLLEE.—The term ‘enrollee’ 
means, with respect to health insurance cov-
erage offered by a health insurance issuer, an 
individual enrolled with the issuer to receive 
such coverage. 
‘‘(B) HEALTH CARE PROFESSIONAL.—The 
term ‘health care professional’ means an indi-
vidual who is licensed, accredited, or certified 
under State law to provide specified health care 
services and who is operating within the scope 
of such licensure, accreditation, or certification. 
‘‘SEC. 2799. ENFORCEMENT. 
‘‘(a) IN GENERAL.—Subject to subsection (b), with 
respect to specific individual health insurance coverage the 
primary State for such coverage has sole jurisdiction to 
enforce the primary State’s covered laws in the primary 
State and any secondary State. 
‘‘(b) SECONDARY STATE’S AUTHORITY.—Nothing in 
subsection (a) shall be construed to affect the authority 
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of a secondary State to enforce its laws as set forth in 
the exception specified in section 2796(b)(1). 
‘‘(c) COURT INTERPRETATION.—In reviewing action 
initiated by the applicable secondary State authority, the 
court of competent jurisdiction shall apply the covered 
laws of the primary State. 
‘‘(d) NOTICE OF COMPLIANCE FAILURE.—In the case 
of individual health insurance coverage offered in a sec-
ondary State that fails to comply with the covered laws 
of the primary State, the applicable State authority of the 
secondary State may notify the applicable State authority 
of the primary State.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to individual health insurance 
coverage offered, issued, or sold after the date that is one 
year after the date of the enactment of this Act. 
(c) GAO ONGOING STUDY AND REPORTS.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct an ongoing study con-
cerning the effect of the amendment made by sub-
section (a) on— 
(A) the number of uninsured and under-in-
sured; 
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(B) the availability and cost of health in-
surance policies for individuals with pre-existing 
medical conditions; 
(C) the availability and cost of health in-
surance policies generally; 
(D) the elimination or reduction of dif-
ferent types of benefits under health insurance 
policies offered in different States; and 
(E) cases of fraud or abuse relating to 
health insurance coverage offered under such 
amendment and the resolution of such cases. 
(2) ANNUAL REPORTS.—The Comptroller Gen-
eral shall submit to Congress an annual report, after 
the end of each of the 5 years following the effective 
date of the amendment made by subsection (a), on 
the ongoing study conducted under paragraph (1). 
SEC. 702. SEVERABILITY. 
If any provision of this title or the application of such 
provision to any person or circumstance is held to be un-
constitutional, the remainder of this Act and the applica-
tion of the provisions of such to any other person or cir-
cumstance shall not be affected. 
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TITLE VIII—RENEWAL OF TRADE 
PROMOTION AUTHORITY 
SEC. 801. RENEWAL OF TRADE PROMOTION AUTHORITY. 
(a) IN GENERAL.—Section 2103 of the Bipartisan 
Trade Promotion Authority Act of 2002 (19 U.S.C. 3803) 
is amended— 
(1) in subsection (a)(1), by striking subpara-
graph (A) and inserting the following: 
‘‘(A) may enter into trade agreements with 
foreign countries— 
‘‘(i) on and after the date of the en-
actment of the Reducing Employer Bur-
dens, Unleashing Innovation, and Labor 
Development Act of 2013 and before July 
1, 2018; or 
‘‘(ii) on and after July 1, 2018, and 
before July 1, 2020, if trade authorities 
procedures are extended under subsection 
(c); and’’; 
(2) in subsection (b)(1), by striking subpara-
graph (C) and inserting the following: 
‘‘(C) The President may enter into a trade 
agreement under this paragraph— 
‘‘(i) on and after the date of the enactment 
of the Reducing Employer Burdens, Unleashing 
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Innovation, and Labor Development Act of 
2013 and before July 1, 2018; or 
‘‘(ii) on and after July 1, 2018, and before 
July 1, 2020, if trade authorities procedures 
are extended under subsection (c).’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A), by striking 
‘‘before July 1, 2005’’ and inserting ‘‘on 
and after the date of the enactment of the 
Reducing Employer Burdens, Unleashing 
Innovation, and Labor Development Act of 
2013 and before July 1, 2018’’; and 
(ii) in subparagraph (B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘after June 30, 2005, 
and before July 1, 2007’’ and insert-
ing ‘‘on or after July 1, 2018, and be-
fore July 1, 2020’’; and 
(II) in clause (ii), by striking 
‘‘July 1, 2005’’ and inserting ‘‘July 1, 
2018’’; 
(B) in paragraph (2), in the matter pre-
ceding subparagraph (A), by striking ‘‘April 1, 
2005’’ and inserting ‘‘April 1, 2018’’; 
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(C) in paragraph (3)— 
(i) in subparagraph (A), in the matter 
preceding clause (i), by striking ‘‘June 1, 
2005’’ and inserting ‘‘June 1, 2018’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘June 1, 2005’’ 
and inserting ‘‘June 1, 2018’’; and 
(II) by striking ‘‘the date of en-
actment of this Act’’ and inserting 
‘‘the date of the enactment of the Re-
ducing Employer Burdens, Unleashing 
Innovation, and Labor Development 
Act of 2013’’; and 
(D) in paragraph (5), by striking ‘‘June 
30, 2005’’ each place it appears and inserting 
‘‘June 30, 2018’’. 
(b) TREATMENT OF CERTAIN TRADE AGREEMENTS 
FOR WHICH NEGOTIATIONS HAVE ALREADY BEGUN.— 
Section 2106(a) of the Bipartisan Trade Promotion Au-
thority Act of 2002 (19 U.S.C. 3806(a)) is amended by 
striking ‘‘applies—’’ and all that follows through the end 
period and inserting ‘‘applies results from negotiations 
that were commenced before the date of the enactment 
of the Reducing Employer Burdens, Unleashing Innova-
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tion, and Labor Development Act of 2013, subsection (b) 
shall apply.’’. 
TITLE IX—REFORM OF EXPORT 
CONTROL POLICIES 
SEC. 901. 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. 
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TITLE X—EFFICIENT USE OF 
GOVERNMENT SPECTRUM 
SEC. 1001. SHORT TITLE. 
This title may be cited as the ‘‘Efficient Use of Gov-
ernment Spectrum Act of 2013’’. 
SEC. 1002. REALLOCATION AND AUCTION OF 1755–1780 MHZ 
BAND. 
(a) 
IN
GENERAL.—Notwithstanding 
paragraph 
(15)(A) of section 309(j) of the Communications Act of 
1934 (47 U.S.C. 309(j)), not later than 3 years after the 
date of the enactment of the Middle Class Tax Relief and 
Job Creation Act of 2012 (Public Law 112–96), the Com-
mission shall— 
(1) reallocate the electromagnetic spectrum de-
scribed in subsection (d) for commercial use; and 
(2) as part of the system of competitive bidding 
required by section 6401(b)(1)(B) of such Act (47 
U.S.C. 1451(b)(1)(B)), grant new initial licenses, 
subject to flexible-use service rules, for the use of 
such spectrum, paired with the spectrum between 
the frequencies from 2155 megahertz to 2180 mega-
hertz, inclusive. 
(b) AUCTION PROCEEDS.—For purposes of depos-
iting the proceeds from the competitive bidding described 
in subsection (a)(2) that are attributable to the electro-
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magnetic spectrum described in subsection (d), such spec-
trum shall be treated as spectrum that is required to be 
auctioned by section 6401(b)(1)(B) of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1451(b)(1)(B)). 
(c) RELOCATION
OF
AND SHARING
BY FEDERAL 
GOVERNMENT STATIONS.— 
(1) RELOCATION
PRIORITIZED
OVER
SHAR-
ING.— 
(A) IN GENERAL.—Except as provided in 
paragraph (2), all Federal Government stations 
in the electromagnetic spectrum described in 
subsection (d) shall be relocated to other fre-
quencies under the procedures implemented 
pursuant to section 113(g)(6) of the National 
Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 923(g)(6)). 
Such relocation procedures shall ensure max-
imum cooperation and coordination between the 
affected Federal and commercial entities. 
(B) DEPARTMENT
OF
DEFENSE
STA-
TIONS.—Section 1062(b) of the National De-
fense Authorization Act for Fiscal Year 2000 
(Public Law 106–65; 113 Stat. 768) shall apply 
to the relocation of stations operated by the De-
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partment of Defense in the electromagnetic 
spectrum described in subsection (d). 
(2) SHARING
WHERE
RELOCATION
NOT
POS-
SIBLE.— 
(A) IDENTIFICATION OF STATIONS.—If a 
Federal entity that operates a Federal Govern-
ment station in the electromagnetic spectrum 
described in subsection (d) determines, based 
on an operational impact assessment, that such 
station cannot be relocated from such spectrum 
without jeopardizing essential military capa-
bility, such entity shall identify such station in 
the transition plan of such entity required, by 
section 113(h)(1) of the National Telecommuni-
cations and Information Administration Organi-
zation Act (47 U.S.C. 923(h)(1)), to be sub-
mitted not later than 240 days before the com-
mencement of the competitive bidding described 
in subsection (a)(2). 
(B) REQUIRED ELEMENTS OF TRANSITION 
PLAN.—Each transition plan in which a station 
is identified pursuant to subparagraph (A) shall 
provide for non-Federal users to share with 
such station the electromagnetic spectrum de-
scribed in subsection (d). Where exclusion zones 
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are necessary to avoid jeopardizing essential 
military capability, such plan shall provide for 
the smallest possible zones necessary for such 
purpose. 
(3) WITHDRAWAL
OR
MODIFICATION
OF
AS-
SIGNMENTS.— 
(A) WITHDRAWAL.—Upon relocation of a 
Federal Government station pursuant to para-
graph (1), the President shall withdraw the as-
signment to such station of the electromagnetic 
spectrum described in subsection (d). 
(B) MODIFICATION.—For each Federal 
Government station identified in a transition 
plan pursuant to paragraph (2)(A), the Presi-
dent shall modify the assignment to such sta-
tion of the electromagnetic spectrum described 
in subsection (d) to permit shared Federal and 
non-Federal use. 
(d) SPECTRUM DESCRIBED.—The electromagnetic 
spectrum described in this subsection is the spectrum be-
tween the frequencies from 1755 megahertz to 1780 
megahertz, inclusive. 
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(e) COMMISSION DEFINED.—In this section, the term 
‘‘Commission’’ means the Federal Communications Com-
mission. 
Æ 
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