April 9, 2003

I strongly support the goals of H.R. 1320, the "Commercial Spectrum Enhancement Act," to ensure that consumers benefit from the tremendous technological advances in commercial wireless services. But, as you know, Mr. Chairman, I had several concerns regarding the bill as introduced due to the lack of congressional oversight.

I commend you for working with me to address my concerns. The improvements in the oversight provisions in this bill are satisfactory and I am prepared to vote favorably to report the bill out of Committee, and offer my support in gaining passage in the House.

It is important that this Committee, whenever it creates a direct funding mechanism to achieve a policy goal, ensure that both this Committee and the Congress maintain full and effective oversight abilities. I am comfortable that the substitute before us achieves that goal.

First, it directs that both the Comptroller General and this Committee receive reports on the preliminary and final cost estimates for all relocations. This Committee and the General Accounting Office (GAO) will also receive reports on an annual basis regarding adherence to cost estimates and proposed timelines. These materials, taken together, will permit the Congress to closely monitor the spending inclinations of the Department of Defense and other agencies as they relocate to new spectrum.

Also -- this is particularly important -- if an agency ever exceeds its spending estimates by 10 percent, it has to justify that increase both to this Committee and to the GAO. In addition, the government agency in question is prohibited from spending the additional request for 45 days while the Congress examines the reason for the cost overrun.

These provisions are not perfect, but they represent a good faith effort on the part of this Committee to exercise effective oversight over the relocation process. I am pleased that Mr. Tauzin, Mr. Upton, Mr. Markey and I will be working with the GAO throughout the process to ensure that its work is thorough and its oversight is effective.

Also, I understand that Mr. Markey and Mr. Stupak today may raise important issues of public safety and education technology during this markup. I urge the leadership of this Committee and all Members to listen to their concerns.