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procedures for substitution of frequencies established by section 114(b) of this part.
(2) ALLOCATED FREQUENCIES.—If the frequencies to be reclaimed have been allocated or assigned by the Commission, the President shall follow the procedures for substitution of frequencies established by section 114(b) of this part, except that the statement required by section 114(b)(1)(B) shall include
(A) a timetable to accommodate an orderly transition for licensees to obtain new frequencies and equipment necessary for its utilization; and
(B) an estimate of the cost of displacing spectrum users licensed by the Commission. (c) COSTS OF RECLAIMING FREQUENCIES.—The Federal Government shall bear all costs of reclaiming frequencies pursuant to this section, including the cost of equipment which is rendered unusable, the cost of relocating operations to a different frequency, and any other costs that are directly attributable to the reclaiming of the frequency pursuant to this section, and there are authorized to be appropriated such sums as may be necessary to carry out the purposes of this section.
(d) EFFECTIVE DATE OF RECLAIMED FREQUENCIES.-The Commission shall not withdraw licenses for any reclaimed frequencies until the end of the fiscal year following the fiscal year in which a statement under section 114(b)(1)(B) pertaining to such frequencies is received by the Commission.
(e) EFFECT ON OTHER LAW.--Nothing in this section shall be construed to limit or otherwise affect the authority of the President under section 706 of the 1934 Act (47 U.S.C. 606). SEC. 117. (47 U.S.C. 927) EXISTING ALLOCATION AND TRANSFER AU.
THORITY RETAINED. (a) ADDITIONAL REALLOCATION.-Nothing in this part prevents or limits additional reallocation of spectrum from the Federal Government to other users.
(b) IMPLEMENTATION OF NEW TECHNOLOGIES AND SERVICES.Notwithstanding any other provision of this part
(1) the Secretary may, consistent with section 104(e) of this Act, at any time allow frequencies allocated on a primary basis for Federal Government use to be used by non-Federal licensees on a mixed-use basis for the purpose of facilitating the prompt implementation of new technologies or services and for other purposes; and
(2) the Commission shall make any allocation and licensing decisions with respect to such frequencies in a timely manner and in no event later than the date required by section 7
of the 1934 Act. SEC. 118. (47 U.S.C. 928) SPECTRUM RELOCATION FUND.
(a) ESTABLISHMENT OF SPECTRUM RELOCATION FUND.—There is established on the books of the Treasury a separate fund to be known as the “Spectrum Relocation Fund” (in this section referred to as the “Fund”), which shall be administered by the Office of Management and Budget (in this section referred to as “OMB”), in consultation with the NTIA.
(b) CREDITING OF RECEIPTS.—The Fund shall be credited with the amounts specified in section 309j)(8)(D) of the Communications Act of 1934 (47 U.S.C. 309(1)(8)(D)).
(c) USED TO PAY RELOCATION COSTS.—The amounts in the Fund from auctions of eligible frequencies are authorized to be used to pay relocation costs, as defined in section 113(g)(3) of this Act, of an eligible Federal entity incurring such costs with respect to relocation from those frequencies. (d) FUND AVAILABILITY. —
(1) APPROPRIATION. There are hereby appropriated from the Fund such sums as are required to pay the relocation costs specified in subsection (c).
(2) TRANSFER CONDITIONS.—None of the funds provided under this subsection may be transferred to any eligible Federal entity
(A) unless the Director of OMB has determined, in consultation with the NTIA, the appropriateness of such costs and the timeline for relocation; and
(B) until 30 days after the Director of OMB has submitted to the Committees on Appropriations and Energy and Commerce of the House of Representatives for approval, to the Committees on Appropriations and Commerce, Science, and Transportation of the Senate for approval, and to the Comptroller General a detailed plan describing specifically how the sums transferred from the Fund will be used to pay relocation costs in accordance
with such subsection and the timeline for such relocation. Unless disapproved within 30 days, the amounts in the Fund shall be available immediately. If the plan is disapproved, the Director may resubmit a revised plan.
(3) REVERSION OF UNUSED FUNDS.-Any auction proceeds in the Fund that are remaining after the payment of the relocation costs that are payable from the Fund shall revert to and be deposited in the general fund of the Treasury not later than 8 years after the date of the deposit of such proceeds to the Fund. (e) TRANSFER TO ELIGIBLE FEDERAL ENTITIES.— (1) TRANSFER.
(A) Amounts made available pursuant to subsection (d) shall be transferred to eligible Federal entities, as defined in section 113(g)(1) of this Act.
(B) An eligible Federal entity may receive more than one such transfer, but if the sum of the subsequent transfer or transfers exceeds 10 percent of the original transfer
(i) such subsequent transfers are subject to prior approval by the Director of OMB as required by subsection (d)(2)(A);
(ii) the notice to the committees containing the plan required by subsection (d)(2)(B) shall be not less than 45 days prior to the date of the transfer that causes such excess above 10 percent;
(iii) such notice shall include, in addition to such plan, an explanation of need for such subsequent transfer or transfers; and
(iv) the Comptroller General shall, within 30 days after receiving such plan, review such plan and submit to such committees an assessment of the explanation for the subsequent transfer or transfers.
(C) Such transferred amounts shall be credited to the appropriations account of the eligible Federal entity which has incurred, or will incur, such costs, and shall, subject to paragraph (2), remain available until expended.
(2) RETRANSFER TO FUND.-An eligible Federal entity that has received such amounts shall report its expenditures to OMB and shall transfer any amounts in excess of actual relocation costs back to the Fund immediately after the NTIA has notified the Commission that the entity's relocation is complete, or has determined that such entity has unreasonably failed to complete such relocation in accordance with the timeline required by subsection (d)(2)(A).
PART C-SPECIAL AND TEMPORARY
SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRA
TION. 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
Section 152 contained amendments to section 394(h) of the Communications Act of 1934.] SEC. 153. PEACESAT PROGRAM.
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
CRIMES. (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
ELECTROMAGNETIC SPECTRUM REALLOCATION. 1 (a) REVIEW AND ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.
(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
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
(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.