47 U.S.C. § 928 : US Code - Section 928: Spectrum Relocation Fund

Search 47 U.S.C. § 928 : US Code - Section 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
309(j)(8)(D) of this title.
(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 923(g)(3) of this title, 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)
of this section.
(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) of this
section shall be transferred to eligible Federal entities, as
defined in section 923(g)(1) of this title.
(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) of
this section;
(ii) the notice to the committees containing the plan
required by subsection (d)(2)(B) of this section 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) of this
section.