119-s792

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 792 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 792

 To require the National Telecommunications and Information 
 Administration to estimate the value of electromagnetic spectrum 
 assigned or otherwise allocated to Federal entities.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 February 27, 2025

 Mr. Lee introduced the following bill; which was read twice and 
 referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

 A BILL

 To require the National Telecommunications and Information 
 Administration to estimate the value of electromagnetic spectrum 
 assigned or otherwise allocated to Federal entities.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Government Spectrum Valuation Act''.

SEC. 2. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

    (a) In General.--Part A of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.) is 
amended--

    (1) by redesignating 

section 105 (47 U.S.C. 904) as 

section 106; and

    (2) by inserting after 

section 104 (47 U.S.C. 903) the 
 following:

``

SEC. 105. ESTIMATE OF VALUE OF ELECTROMAGNETIC SPECTRUM.

 ``

    (a) 

=== Definitions. ===
-In this section--
 ``

    (1) the term `covered band' means the band of frequencies 
 between 3 kilohertz and 95 gigahertz;
 ``

    (2) the term `Federal entity' has the meaning given the 
 term in 

section 113
            (l) ; and
 ``

    (3) the term `OMB' means the Office of Management and 
 Budget.
 ``

    (b) Estimates Required.--The NTIA, in consultation with the 
Commission and OMB, shall estimate the value of electromagnetic 
spectrum in the covered band that is assigned or otherwise allocated to 
each Federal entity as of the date of the estimate, in accordance with 
the schedule under subsection
            (c) .
 ``
            (c) Schedule.--The NTIA shall conduct the estimates under 
subsection

    (b) for the frequencies between--
 ``

    (1) 3 kilohertz and 33 gigahertz not later than 1 year 
 after the date of enactment of this section, and every 3 years 
 thereafter;
 ``

    (2) 33 gigahertz and 66 gigahertz not later than 2 years 
 after the date of enactment of this section, and every 3 years 
 thereafter; and
 ``

    (3) 66 gigahertz and 95 gigahertz not later than 3 years 
 after the date of enactment of this section, and every 3 years 
 thereafter.
 ``
            (d) Basis for Estimate.--
 ``

    (1) In general.--The NTIA shall base each value estimate 
 under subsection

    (b) on the value that the electromagnetic 
 spectrum would have if the spectrum were reallocated for the 
 use with the highest potential value of licensed or unlicensed 
 commercial wireless services that do not have access to that 
 spectrum as of the date of the estimate.
 ``

    (2) Consideration of government capabilities.--In 
 estimating the value of spectrum under subsection

    (b) , the NTIA 
 may consider the spectrum needs of commercial interests while 
 preserving the spectrum access necessary to satisfy mission 
 requirements and operations of Federal entities.
 ``

    (3) Dynamic scoring.--To the greatest extent practicable, 
 the NTIA shall incorporate dynamic scoring methodology into the 
 value estimate under subsection

    (b) .
 ``

    (4) Disclosure.--
 ``
        (A) In general.--Subject to subparagraph
        (B) , the 
 NTIA shall publicly disclose how the NTIA arrived at 
 each value estimate under subsection

    (b) , including any 
 findings made under paragraph

    (2) of this subsection.
 ``
        (B) Classified, law enforcement-sensitive, and 
 proprietary information.--If any information involved 
 in a value estimate under subsection

    (b) , including any 
 finding made under paragraph

    (2) of this subsection, is 
 classified, law enforcement-sensitive, or proprietary, 
 the NTIA--
 ``
            (i) may not publicly disclose the 
 classified, law enforcement-sensitive, or 
 proprietary information; and
 ``
            (ii) shall make the classified, law 
 enforcement-sensitive, or proprietary 
 information available to any Member of 
 Congress, upon request, in a classified annex.
 ``

    (e) Agency Report on Value of Electromagnetic Spectrum.--A 
Federal entity that has been assigned or otherwise allocated use of 
electromagnetic spectrum within the covered band shall report the value 
of the spectrum as most recently estimated under subsection

    (b) --
 ``

    (1) in the budget of the Federal entity to be included in 
 the budget of the United States Government submitted by the 
 President under 

section 1105 of title 31, United States Code; 
 and
 ``

    (2) in the annual financial statement of the Federal 
 entity required to be filed under 

section 3515 of title 31, 
 United States Code.''.

    (b) Technical and Conforming Amendments.--

Section 103

    (b) of the 
National Telecommunications and Information Administration Organization 
Act (47 U.S.C. 902

    (b) ) is amended--

    (1) in paragraph

    (1) , by striking ``

section 105
            (d) '' and 
 inserting ``

section 106
            (d) ''; and

    (2) in paragraph

    (2) , in the matter preceding subparagraph
        (A) , by striking ``

section 105
            (d) '' and inserting ``

section 106
            (d) ''.
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