‘‘(11) FUNDING.—There are authorized to be 
transferred 
to 
the 
Reallocation 
Commission 
$13,000,000 from the Spectrum Relocation Fund es-
tablished under section 118 to carry out the duties 
of the Reallocation Commission under this section, 
and such funds shall remain available until the term 
of the Reallocation Commission sunsets under para-
graph (12). The funds remaining after the sunset of 
the Commission shall be returned to the Treasury 
for the sole purpose of deficit reduction. 
‘‘(12) SUNSET.—This subsection is repealed ef-
fective 60 days after the President approves the rec-
ommendations of the Reallocation Commission pur-
suant to subsection (d)(4). 
‘‘(c) SPECTRUM UTILIZATION PLAN.— 
‘‘(1) IN GENERAL.—As part of the budget jus-
tification documents submitted to Congress in sup-
port of the budget for each fiscal year, the head of 
each Federal entity shall include a spectrum utiliza-
tion plan. 
‘‘(2) CONTENTS.—A spectrum utilization plan 
submitted under paragraph (1) shall include— 
‘‘(A) the total spectrum authorized for the 
entity (in percentage terms and in sum) in each 
band the entity uses; 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(B) the approximate number of transmit-
ters, end-user terminals, or receivers, excluding 
unintended radiators, that have been deployed 
by the entity or authorized to be used by the 
entity; 
‘‘(C) if such information is available— 
‘‘(i) the type of transmitters, end-user 
terminals, or receivers, excluding unin-
tended radiators, operated by the entity 
and whether they are space-, air-, or 
ground-based; 
‘‘(ii) the type of transmitters, end- 
user terminals, or receivers, excluding un-
intended radiators, authorized to be oper-
ated by the entity and whether they are 
space-, air-, or ground-based; 
‘‘(iii) contour maps or other informa-
tion that illustrate the coverage area, re-
ceiver performance, and other parameters 
relevant to an assessment of the avail-
ability of spectrum in each band used by 
the entity; 
‘‘(iv) the approximate geolocation of 
base stations or fixed transmitters used by 
the entity; 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(v) the approximate extent of use, by 
geography, of each band of frequencies 
used by the entity, such as the amount and 
percentage of time of use, number of end- 
users, or other measures as appropriate to 
the particular band; 
‘‘(vi) the activities, capabilities, func-
tions, or missions supported by the trans-
mitters, end-user terminals, or receivers 
used by the entity; and 
‘‘(vii) the types of unlicensed devices 
authorized to be operated by the entity; 
‘‘(D) the opportunity cost borne by the en-
tity for each spectrum band the entity uses; 
‘‘(E) the planned uses of technologies or 
expanded services requiring spectrum for a pe-
riod of time agreed to by the entity; and 
‘‘(F) 
suggested 
spectrum-efficient 
ap-
proaches to meeting the spectrum requirements 
identified under subparagraph (E). 
‘‘(3) REQUIREMENT.—The head of each Fed-
eral entity required to submit a spectrum utilization 
plan under paragraph (1) shall submit a copy of 
each plan submitted under such paragraph to the 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
Reallocation Commission, the Secretary, and the 
NTIA. 
‘‘(4) NATIONAL SECURITY; CLASSIFIED INFOR-
MATION.— 
‘‘(A) NATIONAL SECURITY.—If the head of 
a Federal entity determines that disclosure of 
information required under paragraph (1) 
would be harmful to the national security of the 
United States, such head shall— 
‘‘(i) notify the Secretary of such de-
termination; and 
‘‘(ii) provide to the Secretary— 
‘‘(I) the other publicly releasable 
information required by paragraph 
(1); 
‘‘(II) to the maximum extent 
practicable, a summary description of 
the information with respect to which 
the determination was made; and 
‘‘(III) an annex containing the 
information with respect to which the 
determination was made. 
‘‘(B) CLASSIFIED
INFORMATION.—If the 
head of a Federal entity determines that any 
information required by paragraph (1) is classi-
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
fied in accordance with Executive Order 13526 
of December 29, 2009, or any successor Execu-
tive order establishing or modifying the uniform 
system for classifying, safeguarding, and declas-
sifying national security information, such head 
shall— 
‘‘(i) notify the Secretary of such de-
termination; and 
‘‘(ii) provide to the Secretary— 
‘‘(I) the information required by 
paragraph (1) that is not classified; 
‘‘(II) to the maximum extent 
practicable, a summary description of 
the information that is classified; and 
‘‘(III) an annex containing the 
information that is classified. 
‘‘(C) ANNEX
RESTRICTION.—The Sec-
retary shall make an annex described in sub-
paragraph (A)(ii)(III) or (B)(ii)(III) available 
to the NTIA and the Relocation Commission. 
The NTIA, the Secretary, and the Relocation 
Commission shall not make any such annex 
available to the public or to any unauthorized 
person through any means. 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(d) PROCEDURE FOR MAKING RECOMMENDATIONS 
FOR SPECTRUM REALLOCATION.— 
‘‘(1) RECOMMENDATIONS
BY
SECRETARY
OF 
COMMERCE.—Not later than 18 months after the 
President submits the budget documents that in-
clude spectrum utilization plans described in sub-
section (c) to Congress for the first fiscal year fol-
lowing the date of enactment of this section, the 
Secretary shall prepare and submit to the appro-
priate congressional committees, the Comptroller 
General of the United States, and the Reallocation 
Commission a report identifying and recommending 
for reallocation bands of frequencies— 
‘‘(A) that are allocated on a primary basis 
for Federal Government use; 
‘‘(B) that— 
‘‘(i) are not required for the needs of 
the Federal Government at the time the 
report is submitted; or 
‘‘(ii) will not be required for such 
needs in the identifiable future; and 
‘‘(C) that can feasibly be made available, 
as of the date of submission of the report or at 
any time during the 5-year period beginning on 
such date, for assignment through a system of 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
competitive bidding under section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 
309(j)). 
‘‘(2) CRITERIA FOR IDENTIFICATION.— 
‘‘(A) NEEDS OF THE FEDERAL GOVERN-
MENT.—In determining whether a band of fre-
quencies meets one of the criteria specified in 
paragraph (1)(B), the Secretary shall— 
‘‘(i) consider whether the band of fre-
quencies is used to provide a communica-
tions service that is or could be available 
from a commercial provider or other ven-
dor, or whether the communications serv-
ices provided on such frequencies could be 
relocated to other frequencies used by the 
Federal Government; 
‘‘(ii) seek to promote— 
‘‘(I) the maximum practicable re-
liance on commercially available sub-
stitutes; 
‘‘(II) the efficient use of spec-
trum by Federal Government stations; 
‘‘(III) the development and use 
of new communications technologies; 
and 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(IV) the use of nonradiating 
communications systems where prac-
ticable; and 
‘‘(iii) seek to avoid— 
‘‘(I) serious degradation of Fed-
eral Government services and oper-
ations; 
‘‘(II) excessive costs to the Fed-
eral Government and users of Federal 
Government services; and 
‘‘(III) excessive disruption of ex-
isting use of Federal Government fre-
quencies by amateur radio licensees. 
‘‘(B) DIRECT DISCUSSIONS.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall encourage and provide opportunities 
for direct discussions among commercial 
representatives and Federal Government 
users of the spectrum to aid the Secretary 
in determining which frequencies to rec-
ommend for reallocation under paragraph 
(1). 
‘‘(ii) HEARINGS
AND
PUBLIC
COM-
MENT.—As part of the discussions re-
quired under clause (i), the Secretary shall 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
conduct public hearings and accept public 
comment on the recommendations. All tes-
timony before the Secretary at a public 
hearing conducted under this clause shall 
be presented under oath. All testimony and 
public comments collected under this 
clause shall be made available on a public 
website. 
‘‘(iii) 
REPRESENTATION.—A 
rep-
resentative of the Reallocation Commis-
sion, and of the Secretary at the election 
of the Secretary, may attend any discus-
sion held under clause (i). 
‘‘(iv) FURTHER COMMENT.—The Sec-
retary shall provide the public and the Re-
allocation Commission with an opportunity 
to comment on the results of a discussion 
held under clause (i) before the Secretary 
submits 
the 
recommendation 
required 
under paragraph (1). 
‘‘(3) REVIEW AND RECOMMENDATIONS BY THE 
REALLOCATION COMMISSION.— 
‘‘(A) REVIEW.— 
‘‘(i) IN GENERAL.—After receiving the 
recommendations from the Secretary under 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
paragraph (1), the Reallocation Commis-
sion shall review and analyze the rec-
ommendations. 
‘‘(ii) HEARINGS.—As part of the re-
view and analysis required under clause (i), 
the Reallocation Commission shall conduct 
public hearings on the recommendations. 
All testimony before the Reallocation Com-
mission at a public hearing conducted 
under this clause shall be presented under 
oath. 
‘‘(B) RECOMMENDATIONS.— 
‘‘(i) IN
GENERAL.—Not later than 
180 days after the Secretary submits rec-
ommendations under paragraph (1) to the 
Reallocation Commission, the Reallocation 
Commission shall submit to the President 
and the appropriate congressional commit-
tees a report on the findings and conclu-
sions of the Reallocation Commission from 
the review and analysis conducted under 
subparagraph (A), including any rec-
ommendations for Federal spectrum re-
allocation. 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(ii) REQUIREMENT.—A report sub-
mitted under clause (i) shall contain an ex-
planation and justification of any rec-
ommendation for Federal spectrum re-
allocation included in the report that is dif-
ferent from the recommendations sub-
mitted by the Secretary under paragraph 
(1). 
‘‘(C) TRANSMISSION OF INFORMATION TO 
CONGRESS.—After the Reallocation Commission 
submits recommendations to the President 
under subparagraph (B), upon request by a 
Member of Congress, the Reallocation Commis-
sion shall provide to the Member of Congress 
any information used by the Reallocation Com-
mission in making the recommendations. 
‘‘(D) GAO REQUIREMENTS.—The Comp-
troller General of the United States shall— 
‘‘(i) assist the Reallocation Commis-
sion, to the extent requested, in the review 
and analysis under subparagraph (A); and 
‘‘(ii) not later than 90 days after the 
Secretary makes recommendations under 
paragraph (1), submit to Congress and to 
the Reallocation Commission a report that 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
contains a detailed analysis of the rec-
ommendations and selection process of the 
Secretary. 
‘‘(4) REVIEW BY THE PRESIDENT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the Reallocation Commission submits 
recommendations for Federal spectrum realloca-
tion under paragraph (3)(B), the President 
shall— 
‘‘(i) determine whether to approve the 
recommendations made by the Reallocation 
Commission; and 
‘‘(ii) submit to Congress and the Re-
allocation Commission a report that de-
scribes the determination made under 
clause (i). 
‘‘(B) APPROVAL.—If the President ap-
proves the recommendations under subpara-
graph (A)(i), the President shall transmit a 
copy of the recommendations to Congress. 
‘‘(C) DISAPPROVAL.— 
‘‘(i) IN GENERAL.—If the President 
disapproves the recommendations under 
subparagraph (A)(i), the President shall 
submit to Congress and to the Reallocation 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
Commission a report that describes the 
reasons that the President disapproves of 
the recommendations. 
‘‘(ii) REALLOCATION COMMISSION RE-
VISIONS.—Not later than 60 days after the 
President submits to the Reallocation 
Commission a report under clause (i), the 
Reallocation Commission shall submit to 
the President a revised list of recommenda-
tions for reallocation of Federal spectrum. 
‘‘(iii) APPROVAL
AND
DISAPPROVAL 
OF REVISIONS.— 
‘‘(I) APPROVAL.—If the Presi-
dent approves the revised list of rec-
ommendations submitted by the Re-
allocation Commission under clause 
(ii), the President shall submit the re-
vised list to Congress. 
‘‘(II) 
DISAPPROVAL.—If 
the 
President disapproves the revised list 
of recommendations submitted by the 
Reallocation Commission under clause 
(ii), the President and the Realloca-
tion Commission shall complete the 
requirements described in clauses (i) 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
and (ii) until the President approves 
recommendations from the Realloca-
tion Commission. 
‘‘(5) PUBLIC
DISCLOSURE
AND
NONDISCLO-
SURE.— 
‘‘(A) IN GENERAL.—If the head of an Ex-
ecutive agency or Federal entity, the Chair-
person, or the President determines that public 
disclosure of any information contained in the 
reports, recommendations, testimony, or com-
ments required under this section would reveal 
classified national security information or other 
information for which there is a legal basis for 
nondisclosure and such public disclosure would 
be detrimental to national security, homeland 
security, or public safety or would jeopardize 
law enforcement investigations, the head of the 
Executive agency or Federal entity, the Chair-
person, or the President shall notify the Sec-
retary of that determination prior to release of 
such information. 
‘‘(B) ANNEX.— 
‘‘(i) IN GENERAL.—If the head of an 
Executive agency or Federal entity, the 
Chairperson, or the President notified the 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
Secretary of a determination under sub-
paragraph (A), the information required to 
be disclosed under this section shall be in-
cluded in a separate classified annex, as 
needed. 
‘‘(ii) 
REQUIREMENT.—A 
classified 
annex described under clause (i)— 
‘‘(I) shall be provided to the sub-
committees of primary jurisdiction of 
the committees of primary jurisdiction 
of the Senate and House of Rep-
resentatives in accordance with appro-
priate national security stipulations; 
and 
‘‘(II) shall not be disclosed to the 
public or provided to any unauthor-
ized person through any means. 
‘‘(e) REALLOCATION OF FEDERAL SPECTRUM.— 
‘‘(1) AGENCY ACTION.— 
‘‘(A) NTIA 
REQUIREMENT.—Not later 
than 180 days after the date on which the 
President submits approved recommendations 
for the reallocation of Federal spectrum to Con-
gress under subparagraph (B) or (C)(iii)(I) of 
subsection (d)(4), the NTIA shall provide to 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
each Federal entity that is required to take ac-
tion under the recommendations information re-
garding an alternative frequency assignment to 
which the radio communications operations of 
the Federal entity could be relocated for pur-
poses of calculating the estimated relocation 
costs and timeline required under subparagraph 
(C). 
‘‘(B) REQUIREMENT.—To the extent prac-
ticable and consistent with national security 
considerations, the NTIA shall provide the in-
formation described in subparagraph (A) by the 
geographic location of the facilities or systems 
of the Federal entity and the frequency bands 
used by the facilities or systems. 
‘‘(C) IMPLEMENTATION PLAN.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date on which the President 
submits approved recommendations for the 
reallocation of Federal spectrum to Con-
gress under subparagraph (B) or (C)(iii)(I) 
of subsection (d)(4), the head of each Fed-
eral entity required to relocate spectrum 
under the recommendations shall prepare 
and submit to the President, the appro-
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
priate 
congressional 
committees, 
the 
NTIA, the Federal Communications Com-
mission, the Director of the Office of Man-
agement and Budget, and the Comptroller 
General of the United States a plan for 
implementation of the recommendations re-
lated to the Federal entity. 
‘‘(ii) CONTENTS.—An implementation 
plan submitted under clause (i) shall in-
clude— 
‘‘(I) a description of how the 
Federal entity will comply with the 
approved recommendations for the re-
allocation of Federal spectrum sub-
mitted to Congress under subpara-
graph (B) or (C)(iii)(I) of subsection 
(d)(4); 
‘‘(II) any statutory or regulatory 
barriers that will prohibit the Federal 
entity from complying with the rec-
ommendations described in subclause 
(I); 
‘‘(III) the estimated cost to the 
Federal entity of frequency with-
drawal or relocation; and 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(IV) the estimated timeline of 
the Federal entity for frequency with-
drawal or relocation. 
‘‘(D) 
REVIEW
OF
IMPLEMENTATION 
PLAN.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the date on which the plan is 
submitted under subparagraph (C), the Di-
rector of the Office of Management and 
Budget shall review the implementation 
plan and determine whether to approve the 
plan. 
‘‘(ii) DISAPPROVAL.—If an implemen-
tation plan submitted under subparagraph 
(C) is disapproved by the Director of the 
Office of Management and Budget, the 
Federal entity shall submit a revised imple-
mentation plan under such subparagraph, 
and the submission and review process 
shall continue until an implementation 
plan is approved. 
‘‘(iii) APPROVAL OF ALL PLANS.—Not 
later than 7 days after the date on which 
the Director of the Office of Management 
and Budget approves the plans submitted 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
under subparagraph (C), the Director shall 
notify the Federal Communications Com-
mission of the estimated relocation costs 
and timelines of all Federal entities re-
quired to submit a plan under such sub-
paragraph. 
‘‘(iv) REVIEW OF PROGRESS.—At the 
beginning of each fiscal year following ap-
proval of a plan required under subpara-
graph (C), the Director of the Office of 
Management and Budget shall review the 
progress of the Federal entity in meeting 
the cost and timelines of the implementa-
tion plan. If, at any point, the Director de-
termines the Federal entity will not meet 
the implementation plan timelines or cost, 
the Director shall take action to enforce 
the approved plan. 
‘‘(E) COMPLIANCE.— 
‘‘(i) INITIATION
OF
REQUIRED
AC-
TION.—Not later than 2 years after the 
date on which the President submits ap-
proved recommendations for the realloca-
tion of Federal spectrum to Congress 
under subparagraph (B) or (C)(iii)(I) of 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
submits the recommendations to Congress 
under subparagraph (B) or (C)(iii)(I) of 
subsection (d)(4); or 
‘‘(ii) the adjournment of Congress 
sine die for the session during which the 
recommendations described in clause (i) 
are submitted. 
‘‘(B) COMPUTATION
OF
TIME
PERIOD.— 
The days on which either the Senate or the 
House of Representatives is not in session be-
cause of an adjournment for more than 3 days 
to a day certain shall be excluded in the com-
putation of the time period described in sub-
paragraph (A)(i). 
‘‘(3) NOTIFICATION OF SUCCESSFUL RELOCA-
TION.—The President shall terminate the authoriza-
tion of a Federal entity and notify the Secretary and 
the Federal Communications Commission of the ter-
mination if— 
‘‘(A) the NTIA determines that a Federal 
entity has achieved comparable capability of 
systems by relocating to a new frequency as-
signment or by utilizing an alternative tech-
nology; or 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(B) the Federal entity has unreasonably 
failed to comply with the timeline for relocation 
approved by the Director of the Office of Man-
agement and Budget under paragraph (1)(D). 
‘‘(f) AUCTION OF AVAILABLE FREQUENCIES.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date on which the President submits ap-
proved recommendations for the reallocation of Fed-
eral spectrum to Congress under subparagraph (B) 
or (C)(iii)(I) of subsection (d)(4), the Federal Com-
munications Commission shall establish rules for the 
conduct of auctions of frequencies that will be made 
available according to such recommendations for as-
signment of new initial licenses subject to new serv-
ice rules or for other purposes. 
‘‘(2) REQUIREMENT.—In promulgating rules 
under paragraph (1), the Federal Communications 
Commission shall— 
‘‘(A) minimize the cost to the taxpayer of 
the transition of the spectrum to be auctioned 
to its newly identified use; and 
‘‘(B) ensure that any licensing conditions 
established are restricted to interference protec-
tions and ethical, geographic, and financial 
qualifications of licensees. 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(3) SCHEDULE
FOR
AUCTIONS.—Not later 
than 2 years after the date on which the President 
submits approved recommendations for the realloca-
tion of Federal spectrum to Congress under sub-
paragraph (B) or (C)(iii)(I) of subsection (d)(4), the 
Federal Communications Commission shall com-
mence auctions under this subsection. 
‘‘(g) RELOCATION OF FEDERAL GOVERNMENT STA-
TIONS.— 
‘‘(1) RELOCATION COSTS.—Any Federal entity 
that operates a Federal Government station assigned 
to a band of frequencies and that incurs relocation 
costs because of the reallocation of frequencies from 
Federal use to non-Federal use pursuant to this sec-
tion shall receive payment for such costs from the 
Spectrum Relocation Fund, in accordance with sec-
tion 118. 
‘‘(2) FEDERAL
ACTION
TO
EXPEDITE
SPEC-
TRUM TRANSFER.—Any Federal Government station 
which operates on electromagnetic spectrum that has 
been identified in the approved recommendations for 
the reallocation of Federal spectrum submitted to 
Congress by the President under subparagraph (B) 
or (C)(iii)(I) of subsection (d)(4) shall, to the max-
imum extent practicable through the use of the au-
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
thority granted under this section and any other ap-
plicable provision of law, take action to relocate its 
spectrum use to other frequencies that are allocated 
for Federal use or to consolidate its spectrum use 
with other Federal Government stations in a manner 
that maximizes the spectrum available for non-Fed-
eral use. 
‘‘(3) FAILURE TO COMPLY.—If a Federal entity 
does not comply with the timeline established in the 
implementation plan of the entity that was approved 
under subsection (e)(1)(D), Congress may decrease 
the amount appropriated to the entity in the fol-
lowing fiscal year by up to 1⁄2 of 1 percent. 
‘‘(4) EQUIPMENT UPGRADES FOR DEPARTMENT 
OF DEFENSE.—If a band of frequencies assigned to 
the Department of Defense is reallocated from Fed-
eral use to non-Federal use pursuant to this section, 
the relocation costs for which the Department may 
receive payment from the Spectrum Relocation Fund 
under section 118 shall include the costs of replace-
ment with state-of-the-art equipment of any of the 
equipment used for relocated operations, whether or 
not such replacement is necessary to achieve com-
parable capability of systems, if the Secretary of De-
fense considers such replacement appropriate. 
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(h) TREATMENT OF CERTAIN SPECTRUM SUBJECT 
TO OTHER REALLOCATION PROCESSES.—In the case of 
spectrum that has been identified for reallocation, is in 
the process of being reallocated, or has been reallocated 
from Federal to non-Federal use under any other provi-
sion of law or administrative process, but with respect to 
relocation from which the Federal entity being relocated 
has not received payment for relocation costs, such spec-
trum shall be treated as spectrum allocated for Federal 
use that may be recommended for reallocation by the Sec-
retary, the Reallocation Commission, or the President 
under this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) AUCTION PROCEEDS.—Section 309(j) of the 
Communications Act of 1934 (47 U.S.C. 309(j)) is 
amended— 
(A) in paragraph (3), by amending sub-
paragraph (F) to read as follows: 
‘‘(F) for any auction of eligible frequencies 
described in section 113(g)(2) of the National 
Telecommunications and Information Adminis-
tration Organization Act (47 U.S.C. 923(g)(2)) 
or frequencies described in section 119(f)(1) of 
such Act, the recovery of 110 percent of esti-
mated relocation costs as provided to the Com-
VerDate Mar 15 2010 
02:01 Feb 16, 2012
Jkt 019200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H4044.IH
H4044
rfrederick on DSK6VPTVN1PROD with BILLS