S.Amdt. 3302

SA 3302. Mr. LEE submitted an amendment intended to be proposed by
him to the bill S. 2296, to authorize appropriations for fiscal year
2026 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal

[[Page S5093]]

year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle F of title X, add the following:

SEC. 1067. SPECTRUM VALUATION AND AUDIT.

(a) Estimate of Value of Electromagnetic Spectrum.--
(1) In general.--Part A of the National Telecommunications
and Information Administration Organization Act (47 U.S.C.
901 et seq.) is amended--
(A) by redesignating section 105 (47 U.S.C. 904) as section
106; and
(B) 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 Assistant Secretary, 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 Assistant Secretary 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 Assistant Secretary 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
Assistant Secretary 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 Assistant Secretary shall incorporate dynamic scoring
methodology into the value estimate under subsection (b).
``(4) Disclosure.--
``(A) In general.--Subject to subparagraph (B), the
Assistant Secretary shall publicly disclose how the Assistant
Secretary 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 Assistant
Secretary--
``(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.''.
(2) Technical and conforming amendments.--Section 103(b) of
the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(b)) is
amended--
(A) in paragraph (1), by striking ``section 105(d)'' and
inserting ``section 106(d)''; and
(B) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``section 105(d)'' and inserting ``section
106(d)''.
(b) Department of Defense Spectrum Audit.--
(1) Definitions.--In this subsection--
(A) the term ``Assistant Secretary'' means the Assistant
Secretary of Commerce for Communications and Information;
(B) the term ``Department'' means the Department of
Defense; and
(C) the term ``Federal entity'' has the meaning given the
term in section 113(l) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C.
923(l)).
(2) Audit and report.--Not later than 18 months after the
date of enactment of this Act, the Assistant Secretary, in
consultation with the Secretary of Defense, shall--
(A) conduct an audit of the electromagnetic spectrum that
is assigned or otherwise allocated to the Department as of
the date of the audit; and
(B) submit to Congress, and make available to each Member
of Congress upon request, a report containing the results of
the audit conducted under subparagraph (A).
(3) Contents of report.--The Assistant Secretary shall
include in the report submitted under paragraph (2)(B), with
respect to the electromagnetic spectrum that is assigned or
otherwise allocated to the Department as of the date of the
audit--
(A) each particular band of spectrum being used by the
Department;
(B) a description of each purpose for which a particular
band described in subparagraph (A) is being used, and how
much of the band is being used for that purpose;
(C) the State or other geographic area in which a
particular band described in subparagraph (A) is assigned or
allocated for use;
(D) whether a particular band described in subparagraph (A)
is used exclusively by the Department or shared with another
Federal entity or a non-Federal entity; and
(E) any portion of the spectrum that is not being used by
the Department.
(4) Form of report.--The report required under paragraph
(2)(B) shall be submitted in unclassified form but may
include a classified annex.
______