PART C-SPECIAL AND TEMPORARY SEC. 151. AUTHORIZATIO There are authorized to be appropriated for the administration of the NTIA $17,600,000 for fiscal year 1992 and $17,900,000 for fiscal year 1993, and such sums as may be necessary for increases resulting from adjustments in salary, pay, retirement, other employee benefits required by law, and other nondiscretionary costs. SEC. 152. NATIONAL ENDOWMENT FOR CHILDREN'S EDUCATIONAL TELEVISION. * [Section 152 contained amendments to section 394(h) of the Communications Act of 1934.] [Section 153 contained amendments to section 2(a) of Public Law 101-555 (NTIA Authorization for FY 1990-91) printed elsewhere in this compilation.] SEC. 154. COMMUNICATIONS FOR RURAL HEALTH PROVIDERS. (a) PURPOSE.-It is the purpose of this section to improve the ability of rural health providers to use communications to obtain health information and to consult with others concerning the delivery of patient care. Such enhanced communications ability may assist in (1) improving and extending the training of rural health professionals; and (2) improving the continuity of patient care in rural areas. (b) ADVISORY PANEL.-The Secretary of Commerce, in conjunction with the Secretary of Health and Human Services, shall establish an advisory panel (hereafter in this section referred to as the "Panel") to develop recommendations for the improvement of rural health care through the collection of information needed by providers and the improvement in the use of communications to disseminate such information. (c) COMPOSITION OF PANEL.-The Panel shall be composed of individuals from organizations with rural constituencies and practitioners from health care disciplines, representatives of the National Library of Medicine, and representatives of different health professions schools, including nurse practitioners. (d) SELECTION OF CONSULTANTS.-The Panel may select consultants to provide advice to the Panel regarding the types of information that rural health care practitioners need, the procedures to gather and disseminate such information, and the types of communications equipment and training needed by rural health care practitioners to obtain access to such information. (e) REPORT TO CONGRESS.-Not later than 1 year after the Panel is established under subsection (b), the Secretary of Commerce shall prepare and submit, to the Committee on Commerce, Science, and Transportation and the Committee on Labor and Human Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives, a report summarizing the recommendations made by the Panel under subsection (b). (f) AUTHORIZATION OF APPROPRIATIONS.-There is authorized to be appropriated to the Secretary of Commerce to carry out this section $1,000,000 to remain available until expended. SEC. 155. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE (a) REQUIREMENT OF REPORT.-Within 240 days after the date of enactment of this Act, the NTIA, with the assistance of the Commission, the Department of Justice, and the United States Commission on Civil Rights, shall prepare a report on the role of telecommunications in crimes of hate and violent acts against ethnic, religious, and racial minorities and shall submit such report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. (b) SCOPE OF REPORT.-The report required by subsection (a) shall (1) analyze information on the use of telecommunications, including broadcast television and radio, cable television, public access television, computer bulletin boards, and other electronic media, to advocate and encourage violent acts and the commission of crimes of hate, as described in the Hate Crimes Statistics Act (28 U.S.C. 534), against ethnic, religious, and racial minorities. (2) include any recommendations deemed appropriate and necessary by the NTIA. SEC. 156. ASSESSMENT OF ALLOCATION. 1 ELECTROMAGNETIC SPECTRUM RE (a) REVIEW AND ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION. 1 Section 156 was added by section 1062(a) of the National Defense Authorization Act for Fiscal Year 2000 (P.L. 106–65). Subsections (b) and (c) of section 1062 of that Act provided as follows: (b) SURRENDER OF DEPARTMENT OF DEFENSE SPECTRUM.— (1) IN GENERAL.-If, in order to make available for other use a band of frequencies of which it is a primary user, the Department of Defense is required to surrender use of such band of frequencies, the Department shall not surrender use of such band of frequencies until (A) the National Telecommunications and Information Administration, in consultation with the Federal Communications Commission, identifies and makes available to the Department for its primary use, if necessary, an alternative band or bands of frequencies as a replacement for the band to be so surrendered; and (B) the Secretary of Commerce, the Secretary of Defense, and the Chairman of the Joint Chiefs of Staff jointly certify to the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Armed Services and the Committee on Commerce of the House of Representatives, that such alternative band or bands provides comparable technical characteristics to restore essential military capability that will be lost as a result of the band of frequencies to be so surrendered. (2) EXCEPTION.-Paragraph (1) shall not apply to a band of frequencies that has been identified for reallocation in accordance with title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 379) and title III of the Balanced Budget Act of 1997 (Public Law 105-33, 111 Stat. 258), other than a band of frequencies that is reclaimed pursuant to subsection (c). (c) REASSIGNMENT TO FEDERAL GOVERNMENT FOR USE BY DEPARTMENT OF DEFENSE OF CERTAIN FREQUENCY SPECTRUM RECOMMENDED FOR REALLOCATION.-(1) Notwithstanding any provision of the National Telecommunications and Information Administration Organization Act or the Balanced Budget Act of 1997, the President shall reclaim for exclusive Federal Government use on a primary basis by the Department of Defense (1) REVIEW AND ASSESSMENT REQUIRED.—The Secretary of Commerce, acting through the Assistant Secretary and in coordination with the Chairman of the Federal Communications Commission, shall convene an interagency review and assessment of— (A) the progress made in implementation of national spectrum planning; (B) the reallocation of Federal Government spectrum to non-Federal use, in accordance with the amendments made by title VI of the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66; 107 Stat. 379) and title III of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 258); and (C) the implications for such reallocations to the affected Federal executive agencies. (2) COORDINATION.-The assessment shall be conducted in coordination with affected Federal executive agencies through the Interdepartmental Radio Advisory Committee. (3) COOPERATION AND ASSISTANCE.-Affected Federal executive agencies shall cooperate with the Assistant Secretary in the conduct of the review and assessment and furnish the Assistant Secretary with such information, support, and assistance, not inconsistent with law, as the Assistant Secretary may consider necessary in the performance of the review and assessment. (4) ATTENTION TO PARTICULAR SUBJECTS REQUIRED.—In the conduct of the review and assessment, particular attention shall be given to (A) the effect on critical military and intelligence capabilities, civil space programs, and other Federal Government systems used to protect public safety of the reallocated spectrum described in paragraph (1)(B) of this subsection; (A) the bands of frequencies aggregating 3 megahertz located between 138 and 144 megahertz that were recommended for reallocation in the second reallocation report under section 113(a) of that Act; and (B) the band of frequency aggregating 5 megahertz located between 1385 megahertz and 1390 megahertz, inclusive, that was so recommended for reallocation. Section 1705 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (P.L. 106-398) also contained the following provision related to the spectrum use by the Department of Defense. SEC. 1705. REPORT ON PROGRESS ON SPECTRUM SHARING. (a) STUDY REQUIRED.-The Secretary of Defense, in consultation with the Attorney General and the Secretary of Commerce, shall provide for the conduct of an engineering study to identify (1) any portion of the 138-144 megahertz band that the Department of Defense can share in various geographic regions with public safety radio services; (2) any measures required to prevent harmful interference between Department of Defense systems and the public safety systems proposed for operation on those frequencies; and (3) a reasonable schedule for implementation of such sharing of frequencies. (b) SUBMISSION OF INTERIM REPORT.-Within one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives an interim report on the progress of the study conducted pursuant to subsection (a). (c) REPORT.-Not later than January 1, 2002, the Secretary of Commerce and the Chairman of the Federal Communications Commission shall jointly submit a report to Congress on alternative frequencies available for use by public safety systems. (B) the anticipated impact on critical military and intelligence capabilities, future military and intelligence operational requirements, national defense modernization programs, and civil space programs, and other Federal Government systems used to protect public safety, of future potential reallocations to non-Federal use of bands of the electromagnetic spectrum that are currently allocated for use by the Federal Government; and (C) future spectrum requirements of agencies in the Federal Government. (b) SUBMISSION OF REPORT.-The Secretary of Commerce, in coordination with the heads of the affected Federal executive agencies, and the Chairman of the Federal Communications Commission shall submit to the President, the Committee on Armed Services and the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Armed Services, the Committee on Commerce, and the Committee on Science of the House of Representatives, not later than October 1, 2000, a report providing the results of the assessment required by subsection (a). |