[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3288 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 3288

     To reauthorize and reform the National Telecommunications and 
          Information Administration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 30, 2021

 Mr. Wicker (for himself and Mr. Thune) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
     To reauthorize and reform the National Telecommunications and 
          Information Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``NTIA 
Reauthorization and Reform Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
                TITLE I--NTIA REAUTHORIZATION AND REFORM

Sec. 101. Authorization of appropriations.
Sec. 102. Under Secretary of Commerce for Communications and 
                            Information.
Sec. 103. Coordination of executive branch views on matters before the 
                            Federal Communications Commission.
Sec. 104. Modernization of agency mission.
                        TITLE II--OTHER MATTERS

Sec. 201. Promotion of workforce programs.
Sec. 202. Improved coordination between the FCC and the NTIA.
Sec. 203. World Radiocommunication Conference ambassador.
                       TITLE III--EFFECTIVE DATE

Sec. 301. Effective date.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (2) NTIA.--The term ``NTIA'' means the National 
        Telecommunications and Information Administration.

                TITLE I--NTIA REAUTHORIZATION AND REFORM

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Section 151 of the National Telecommunications and Information 
Administration Organization Act (Public Law 102-538; 106 Stat. 3533) is 
amended--
            (1) by striking ``1992 and'' and inserting ``1992,''; and
            (2) by inserting ``and $52,831,000 for each of fiscal years 
        2022 and 2023,'' after ``1993,''.

SEC. 102. UNDER SECRETARY OF COMMERCE FOR COMMUNICATIONS AND 
              INFORMATION.

    (a) In General.--Section 103(a)(2) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 902(a)(2)) is amended by striking ``Assistant Secretary of 
Commerce for Communications and Information'' and inserting ``Under 
Secretary of Commerce for Communications and Information''.
    (b) Pay.--Subchapter II of chapter 53 of title 5, United States 
Code, is amended--
            (1) in section 5314, by striking ``and Under Secretary of 
        Commerce for Travel and Tourism'' and inserting ``Under 
        Secretary of Commerce for Travel and Tourism, and Under 
        Secretary of Commerce for Communications and Information''; and
            (2) in section 5315, by striking ``(11)'' after ``Assistant 
        Secretaries of Commerce'' and inserting ``(10)''.
    (c) Deputy Under Secretary.--
            (1) In general.--Section 103(a) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 902(a)), as amended by subsection (a) of this 
        section, is amended by adding at the end the following:
            ``(3) Deputy under secretary.--The Deputy Under Secretary 
        of Commerce for Communications and Information--
                    ``(A) shall be the principal policy advisor of the 
                Under Secretary;
                    ``(B) shall perform such other functions as the 
                Under Secretary shall from time to time assign or 
                delegate; and
                    ``(C) shall act as Under Secretary during the 
                absence or disability of the Under Secretary or in the 
                event of a vacancy in the office of the Under 
                Secretary.''.
            (2) Technical and conforming amendment.--Section 106(c) of 
        the Public Telecommunications Financing Act of 1978 (5 U.S.C. 
        5316 note; Public Law 95-567) is amended by striking ``The 
        position of Deputy Assistant Secretary of Commerce for 
        Communications and Information, established in Department of 
        Commerce Organization Order Numbered 10-10 (effective March 26, 
        1978),'' and inserting ``The position of Deputy Under Secretary 
        of Commerce for Communications and Information, established 
        under section 103(a) of the National Telecommunications and 
        Information Administration Organization Act (47 U.S.C. 
        902(a)),''.
    (d) Continuation in Office.--The individual serving as the 
Assistant Secretary of Commerce for Communications and Information and 
the individual serving as the Deputy Assistant Secretary of Commerce 
for Communications and Information on the day before the effective date 
under section 301 of this Act may serve as the Under Secretary of 
Commerce for Communications and Information and the Deputy Under 
Secretary of Commerce for Communications and Information, respectively, 
on and after that effective date without the need for renomination or 
reappointment.
    (e) Technical and Conforming Amendments.--
            (1) Communications act of 1934.--Section 344(d)(2) of the 
        Communications Act of 1934 (as added by section 60602(a) of the 
        Infrastructure Investment and Jobs Act (Public Law 117-58)) is 
        amended by striking ``Assistant Secretary'' and inserting 
        ``Under Secretary''.
            (2) National telecommunications and information 
        administration organization act.--The National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 901 et seq.) is amended by striking ``Assistant 
        Secretary'' each place the term appears and inserting ``Under 
        Secretary''.
            (3) Homeland security act of 2002.--Section 1805(d)(2) of 
        the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is 
        amended by striking ``Assistant Secretary for Communications 
        and Information of the Department of Commerce'' and inserting 
        ``Under Secretary of Commerce for Communications and 
        Information''.
            (4) Agriculture improvement act of 2018.--Section 6212 of 
        the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb-6) is 
        amended--
                    (A) in subsection (d)(1), in the heading, by 
                striking ``Assistant secretary'' and inserting ``Under 
                secretary''; and
                    (B) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (5) Emergency supplemental appropriations act for defense, 
        the global war on terror, and tsunami relief, 2005.--Section 
        303 of the Emergency Supplemental Appropriations Act for 
        Defense, the Global War on Terror, and Tsunami Relief, 2005 (8 
        U.S.C. 1721 note; Public Law 109-13) is repealed.
            (6) Broadband data improvement act.--Section 214 of the 
        Broadband Data Improvement Act (15 U.S.C. 6554) is amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Assistant Secretary'' and 
                inserting ``Under Secretary'';
                    (B) by striking subsection (b); and
                    (C) by redesignating subsection (c) as subsection 
                (b).
            (7) Electronic signatures in global and national commerce 
        act.--Section 103(c) of the Electronic Signatures in Global and 
        National Commerce Act (15 U.S.C. 7003(c)) is amended--
                    (A) by striking ``Exceptions.--'' and all that 
                follows through ``Determinations.--If'' and inserting 
                ``Exceptions.--If''; and
                    (B) by striking ``such exceptions'' and inserting 
                ``of the exceptions in subsections (a) and (b)''.
            (8) Title 17, united states code.--Section 1201 of title 
        17, United States Code, is amended--
                    (A) in subsection (a)(1)(C), in the matter 
                preceding clause (i), by striking ``Assistant Secretary 
                for Communications and Information of the Department of 
                Commerce'' and inserting ``Under Secretary of Commerce 
                for Communications and Information''; and
                    (B) in subsection (g), by striking paragraph (5).
            (9) Unlocking consumer choice and wireless competition 
        act.--Section 2(b) of the Unlocking Consumer Choice and 
        Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
        144) is amended by striking ``Assistant Secretary for 
        Communications and Information of the Department of Commerce'' 
        and inserting ``Under Secretary of Commerce for Communications 
        and Information''.
            (10) Implementing recommendations of the 9/11 commission 
        act of 2007.--Section 2201(d) of the Implementing 
        Recommendations of the 9/11 Commission Act of 2007 (42 U.S.C. 
        247d-3 note; Public Law 110-53) is repealed.
            (11) Communications satellite act of 1962.--Section 
        625(a)(1) of the Communications Satellite Act of 1962 (47 
        U.S.C. 763d(a)(1)) is amended, in the matter preceding 
        subparagraph (A), by striking ``Assistant Secretary'' and 
        inserting ``Under Secretary of Commerce''.
            (12) Spectrum pipeline act of 2015.--The Spectrum Pipeline 
        Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74) 
        is amended--
                    (A) in section 1002(1), in the heading, by striking 
                ``Assistant secretary'' and inserting ``Under 
                secretary''; and
                    (B) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (13) Warning, alert, and response network act.--Section 606 
        of the Warning, Alert, and Response Network Act (47 U.S.C. 
        1205) is amended--
                    (A) in subsection (b), in the first sentence, by 
                striking ``Assistant Secretary of Commerce for 
                Communications and Information'' and inserting ``Under 
                Secretary of Commerce for Communications and 
                Information''; and
                    (B) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (14) American recovery and reinvestment act of 2009.--
        Section 6001 of the American Recovery and Reinvestment Act of 
        2009 (47 U.S.C. 1305) is amended by striking ``Assistant 
        Secretary'' each place the term appears and inserting ``Under 
        Secretary''.
            (15) Middle class tax relief and job creation act of 
        2012.--Title VI of the Middle Class Tax Relief and Job Creation 
        Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
                    (A) in section 6001 (47 U.S.C. 1401)--
                            (i) by striking paragraph (4);
                            (ii) by redesignating paragraphs (5) 
                        through (31) as paragraphs (4) through (30), 
                        respectively; and
                            (iii) by inserting after paragraph (30), as 
                        so redesignated, the following:
            ``(31) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Communications and 
        Information.'';
                    (B) in subtitle D (47 U.S.C. 1451 et seq.)--
                            (i) in section 6406 (47 U.S.C. 1453)--
                                    (I) by striking subsections (b) and 
                                (c); and
                                    (II) by inserting after subsection 
                                (a) the following:
    ``(b) Definition.--In this section, the term `5350-5470 MHz band' 
means the portion of the electromagnetic spectrum between the 
frequencies from 5350 megahertz to 5470 megahertz.''; and
                            (ii) by striking section 6408; and
                    (C) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (16) RAY baum's act of 2018.--The RAY BAUM'S Act of 2018 
        (division P of Public Law 115-141; 132 Stat. 348) is amended by 
        striking ``Assistant Secretary'' each place the term appears 
        and inserting ``Under Secretary''.
            (17) Secure and trusted communications networks act of 
        2019.--Section 8 of the Secure and Trusted Communications 
        Networks Act of 2019 (47 U.S.C. 1607) is amended--
                    (A) in subsection (c)(1), in the heading, by 
                striking ``Assistant secretary'' and inserting ``Under 
                secretary''; and
                    (B) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (18) Title 51, united states code.--Section 50112(3) of 
        title 51, United States Code, is amended, in the matter 
        preceding subparagraph (A), by striking ``Assistant Secretary'' 
        each place the term appears and inserting ``Under Secretary''.
            (19) Consolidated appropriations act, 2021.--The 
        Consolidated Appropriations Act, 2021 (Public Law 116-260) is 
        amended--
                    (A) in title IX of division N--
                            (i) in section 902(a)(2), in the heading, 
                        by striking ``Assistant secretary'' and 
                        inserting ``Under secretary'';
                            (ii) in section 905--
                                    (I) in subsection (a)(1), in the 
                                heading, by striking ``Assistant 
                                secretary'' and inserting ``Under 
                                secretary'';
                                    (II) in subsection (c)(3)(B), in 
                                the heading, by striking ``Assistant 
                                secretary'' and inserting ``Under 
                                secretary''; and
                                    (III) in subsection (d)(2)(B), in 
                                the heading, by striking ``Assistant 
                                secretary'' and inserting ``Under 
                                secretary''; and
                            (iii) by striking ``Assistant Secretary'' 
                        each place the term appears and inserting 
                        ``Under Secretary''; and
                    (B) in title IX of division FF--
                            (i) in section 903(g)(2), in the heading, 
                        by striking ``Assistant secretary'' and 
                        inserting ``Under secretary''; and
                            (ii) by striking ``Assistant Secretary'' 
                        each place the term appears and inserting 
                        ``Under Secretary''.
            (20) Infrastructure investment and jobs act.--The 
        Infrastructure Investment and Jobs Act (Public Law 117-58) is 
        amended--
                    (A) in section 27003, by striking ``Assistant 
                Secretary'' each place the term appears and inserting 
                ``Under Secretary'';
                    (B) in division F--
                            (i) in section 60102--
                                    (I) in subsection (a)(2)(A), by 
                                striking ``Assistant secretary'' and 
                                inserting ``Under secretary'';
                                    (II) in subsection (d)(1), by 
                                striking ``Assistant secretary'' and 
                                inserting ``Under secretary''; and
                                    (III) in subsection (h)--
                                            (aa) in paragraph (1)(B), 
                                        by striking ``Assistant 
                                        secretary'' and inserting 
                                        ``Under secretary''; and
                                            (bb) in paragraph 
                                        (5)(B)(iii), by striking 
                                        ``Assistant secretary'' and 
                                        inserting ``Under secretary'';
                            (ii) in title III--
                                    (I) in section 60302(5), by 
                                striking ``Assistant secretary'' and 
                                inserting ``Under secretary''; and
                                    (II) in section 60305(d)(2)(B)(ii), 
                                by striking ``Assistant secretary'' and 
                                inserting ``Under secretary'';
                            (iii) in section 60401(a)(2), by striking 
                        ``Assistant secretary'' and inserting ``Under 
                        secretary''; and
                            (iv) by striking ``Assistant Secretary'' 
                        each place the term appears and inserting 
                        ``Under Secretary'';
                    (C) in section 90008(b)(3), by striking ``Assistant 
                Secretary'' and inserting ``Under Secretary''; and
                    (D) in division J, in the matter under the heading 
                ``distance learning, telemedicine, and broadband 
                program'' under the heading ``Rural Utilities Service'' 
                under the heading ``RURAL DEVELOPMENT PROGRAMS'', by 
                striking ``Assistant Secretary'' and inserting ``Under 
                Secretary''.

SEC. 103. COORDINATION OF EXECUTIVE BRANCH VIEWS ON MATTERS BEFORE THE 
              FEDERAL COMMUNICATIONS COMMISSION.

    Section 105(a)(1) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 904(a)(1)) is 
amended--
            (1) by striking ``to ensure that the conduct'' and 
        inserting the following: ``to ensure that--
                    ``(A) the conduct''; and
            (2) by striking the period at the end and inserting the 
        following: ``; and
                    ``(B) the views of the executive branch on matters 
                presented to the Commission are appropriately 
                coordinated and reflective of executive branch policy, 
                consistent with section 103(b)(2)(J).''.

SEC. 104. MODERNIZATION OF AGENCY MISSION.

    (a) Policy.--Section 102(c) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901(c)) is 
amended by adding at the end the following:
            ``(6) Fostering the digital economy as a critical component 
        of the competitiveness, future economic growth, and security of 
        the United States, and working to ensure that global 
        communications networks remain open and innovative, without 
        inappropriate barriers to entry or operation.
            ``(7) Achieving universal availability of and access to 
        telecommunications and information networks and related 
        technologies.''.
    (b) Assigned Functions.--Section 103(b)(2) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 902(b)(2)) is amended--
            (1) in the matter preceding subparagraph (A), by inserting 
        ``, some of which were'' before ``transferred to the 
        Secretary'';
            (2) in subparagraph (G)--
                    (A) in clause (i), by inserting ``standards,'' 
                after ``conferences,''; and
                    (B) in clause (ii), by inserting ``, standards 
                bodies,'' after ``telecommunications conferences'';
            (3) in subparagraph (H)--
                    (A) by inserting ``and information'' after 
                ``telecommunications,''; and
                    (B) by striking ``and emergency readiness'' and 
                inserting ``emergency readiness, intermediaries, 
                universal service, and the flow of information''; and
            (4) in subparagraph (M)--
                    (A) by inserting ``, publish reports,'' after 
                ``studies,''; and
                    (B) by inserting before the period at the end the 
                following: ``, and concerning policy issues relating to 
                communications, information, and the digital economy, 
                including (but not limited to) considerations of 
                interoperability, privacy, security, spectrum use, 
                emergency readiness, intermediaries, universal service, 
                and the flow of information''.

                        TITLE II--OTHER MATTERS

SEC. 201. PROMOTION OF WORKFORCE PROGRAMS.

    The NTIA, under the Broadband USA program, shall coordinate with 
the heads of other Federal agencies, including the Secretary of Labor 
and the Secretary of Education, to promote, and share information with 
States and the public regarding, workforce development programs, such 
as apprenticeships, internships, externships, and other skills training 
programs, tailored to the telecommunications industry.

SEC. 202. IMPROVED COORDINATION BETWEEN THE FCC AND THE NTIA.

    (a) Definition.--In this section, the term ``Memorandum'' means the 
Memorandum of Understanding on Spectrum Coordination executed by the 
Commission and the Administration on January 31, 2003.
    (b) Updates.--Not later than 120 days after the date of enactment 
of this Act, the Commission and the NTIA shall update the Memorandum 
to--
            (1) outline general processes for addressing technical, 
        procedural, and policy differences regarding frequency 
        allocation and related conditions and standards;
            (2) create a process for the resolution of non-routine 
        policy disputes between the Commission and the NTIA, including 
        specific timelines for an expeditious resolution;
            (3) clarify that--
                    (A) Congress designated the NTIA to serve as the 
                sole agency responsible for managing spectrum assigned 
                to Federal agencies, and that, as a result, the NTIA 
                represents Federal agencies in addressing technical, 
                procedural, and policy differences regarding frequency 
                allocation with the Commission, consistent with section 
                103(b) of the National Telecommunications and 
                Information Administration Organization Act (47 U.S.C. 
                902(b)); and
                    (B) the representation by the NTIA described in 
                subparagraph (A) should involve the expertise of the 
                NTIA in technical, engineering, and policy matters;
            (4) ensure that scientific analyses and testing are 
        considered in actions involving spectrum allocation and 
        standards;
            (5) ensure that short-, medium-, and long-term implications 
        of spectrum policy and strategy are considered;
            (6) outline general processes for how the Commission and 
        the NTIA will form staff standing working groups with regular 
        meetings to discuss spectrum planning by the Commission and the 
        NTIA;
            (7) outline general processes for how the Commission and 
        the NTIA will jointly interact and consult with the Department 
        of State in matters regarding international spectrum 
        coordination proceedings; and
            (8) endeavor to ensure--
                    (A) the efficient use of frequencies assigned to 
                Federal agencies, consistent with the responsibilities 
                of the NTIA under section 103(b)(2)(U) of the National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 902(b)(2)(U)); and
                    (B) that frequencies not required for the present 
                or identifiable future needs of the Federal Government 
                are reallocated to non-Federal Government users 
                wherever possible.
    (c) Periodic Updates.--Not later than 3 years after the date on 
which the Commission and the NTIA update the Memorandum under 
subsection (b), and every 4 years thereafter, the Commission and the 
NTIA shall update the Memorandum to reflect changing technological, 
procedural, and policy circumstances.
    (d) Report.--Not later than 1 year after the date of enactment of 
this Act, and every year thereafter, the Commission and the NTIA shall 
submit to Congress a report on joint spectrum planning activities.

SEC. 203. WORLD RADIOCOMMUNICATION CONFERENCE AMBASSADOR.

    (a) In General.--Section 103(b)(3) of the National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 902(b)(3)) is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) shall assign to the NTIA responsibility for 
                providing advice and recommendations to the Secretary 
                of State regarding candidates to serve as United States 
                head of delegation and ambassador to the quadrennial 
                World Radiocommunication Conference of the 
                International Telecommunication Union, not later than 
                30 months before the first plenary meeting of a 
                conference.''.
    (b) Rank.--Section 302(a)(2) of the Foreign Service Act of 1980 (22 
U.S.C. 3942(a)(2)) is amended by adding at the end the following:
    ``(D) Notwithstanding subparagraph (B)(i), the President may confer 
the personal rank of ambassador to the United States head of delegation 
to the quadrennial World Radiocommunication Conference for a temporary 
term not exceeding 2 years in duration.''.

                       TITLE III--EFFECTIVE DATE

SEC. 301. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect on 
the first day of the first pay period applicable to the Under Secretary 
of Commerce for Communications and Information (as so redesignated by 
section 102(a)) beginning on or after the date of enactment of this 
Act.
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