[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4510 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 199
118th CONGRESS
  1st Session
                                H. R. 4510

                          [Report No. 118-249]

    To reauthorize the National Telecommunications and Information 
Administration, to update the mission and functions of the agency, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2023

 Mr. Latta (for himself and Ms. Matsui) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

                            October 25, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on July 
                               10, 2023]


_______________________________________________________________________

                                 A BILL


 
    To reauthorize the National Telecommunications and Information 
Administration, to update the mission and functions of the agency, 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 ``National 
Telecommunications and Information Administration Reauthorization Act 
of 2023'' or the ``NTIA Reauthorization Act of 2023''.
    (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--REAUTHORIZATION

Sec. 101. Reauthorization of the National Telecommunications and 
                            Information Administration Organization 
                            Act.
Sec. 102. NTIA Consolidated Reporting Act.

                TITLE II--OFFICE OF SPECTRUM MANAGEMENT

Sec. 201. Office of Spectrum Management.
Sec. 202. Improving spectrum management.
Sec. 203. Spectrum management improvements.
Sec. 204. Institute for Telecommunication Sciences.
Sec. 205. Commerce Spectrum Management Advisory Committee.
Sec. 206. Incumbent informing capability.
Sec. 207. Voluntary criteria, standards, ratings, and other measures 
                            for certain radio receivers.

         TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH

Sec. 301. National Strategy to Close Digital Divide.

        TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY

Sec. 401. Office of Policy Development and Cybersecurity.
Sec. 402. Economic competitiveness of information and communication 
                            technology supply chain.
Sec. 403. Digital Economy and Cybersecurity Board of Advisors.
Sec. 404. Cybersecurity literacy.
Sec. 405. Understanding cybersecurity of mobile networks.
Sec. 406. Open RAN outreach.

            TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS

Sec. 501. Establishment of the Office of Public Safety Communications.

               TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS

Sec. 601. Office of International Affairs.
Sec. 602. Establishment of interagency national security review 
                            process.

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.
            (3) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary of Commerce for Communications and 
        Information.

                        TITLE I--REAUTHORIZATION

SEC. 101. REAUTHORIZATION OF THE NATIONAL TELECOMMUNICATIONS AND 
              INFORMATION ADMINISTRATION ORGANIZATION ACT.

    (a) Authorization of Appropriations.--Section 151 of the National 
Telecommunications and Information Administration Organization Act is 
amended by striking ``$17,600,000 for fiscal year 1992 and $17,900,000 
for fiscal year 1993'' and inserting ``$62,000,000 for fiscal year 2024 
and $62,000,000 for fiscal year 2025''.
    (b) Under Secretary of Commerce for Communications and 
Information.--
            (1) Under secretary; deputy under secretary.--
                    (A) Under secretary.--The National 
                Telecommunications and Information Administration 
                Organization Act (47 U.S.C. 901 et seq) is amended by 
                striking ``Assistant Secretary'' each place it appears 
                and inserting ``Under Secretary''.
                    (B) Deputy under secretary.--Section 103(a) of the 
                National Telecommunications and Information 
                Administration Organization Act (47 U.S.C. 902(a)), as 
                amended by 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 shall--
                    ``(A) be the principal policy advisor of the Under 
                Secretary;
                    ``(B) perform such other functions as the Under 
                Secretary shall from time to time assign or delegate; 
                and
                    ``(C) 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) Continuation of civil actions.--This subsection, and 
        the amendments made by this subsection, shall not abate any 
        civil action commenced by or against the Assistant Secretary of 
        Commerce for Communications and Information before the date of 
        the enactment of this Act, except that the Under Secretary 
        shall be substituted as a party to the action on and after such 
        date.
            (3) 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 date of the enactment of this Act may serve as 
        the Under Secretary and the Deputy Under Secretary of Commerce 
        for Communications and Information, respectively, on and after 
        that date without the need for renomination or reappointment.
            (4) References.--Any reference in a law, regulation, 
        document, paper, or other record of the United States to the 
        Assistant Secretary of Commerce for Communications and 
        Information shall, on and after the date of the enactment of 
        this Act, be deemed to be a reference to the Under Secretary.
            (5) Executive schedule.--
                    (A) In general.--Subchapter II of chapter 53 of 
                title 5, United States Code, is amended--
                            (i) in section 5314, by adding at the end 
                        the following:
            ``Under Secretary of Commerce for Communications and 
        Information.''; and
                            (ii) in section 5315, in the item relating 
                        to the Assistant Secretaries of Commerce, by 
                        striking ``(11)'' and inserting ``(10)''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) (establishing the annual rate of the 
                basic pay of the Under Secretary) shall take effect on 
                the first day of the first pay period beginning after 
                the date of the enactment of this Act.
    (c) Authorities and Responsibilities.--
            (1) 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--
                    (A) by striking ``to ensure that the conduct'' and 
                inserting the following: ``to ensure that--
                    ``(A) the conduct'';
                    (B) in subparagraph (A), as so designated, by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
                    ``(B) the views of the executive branch on matters 
                presented to the Commission are, consistent with 
                section 103(b)(2)(J)--
                            ``(i) appropriately coordinated; and
                            ``(ii) reflective of executive branch 
                        policy.''.
            (2) 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 of the United States in 
        order to ensure the competitiveness, future economic growth, 
        and security of the United States.
            ``(7) Working to ensure that global communications networks 
        remain open and innovative, including without inappropriate 
        barriers to entry or operation.
            ``(8) With respect to the United States, in coordination 
        with the Commission, achieving the universal availability of 
        and access to telecommunications service and information 
        service (as those terms are defined in section 3 of the 
        Communications Act of 1934) and any technology related to such 
        service.''.
                    (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--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``, some of which were'' 
                        before ``transferred to the Secretary'';
                            (ii) in subparagraph (H)--
                                    (I) by inserting ``and 
                                information'' after 
                                ``telecommunications''; and
                                    (II) by striking ``and emergency 
                                readiness'' and inserting ``emergency 
                                readiness, the flow of information, and 
                                with respect to the United States, in 
                                coordination with the Commission, the 
                                universal availability of and access to 
                                telecommunications service and 
                                information service (as those terms are 
                                defined in section 3 of the 
                                Communications Act of 1934) and any 
                                technology related to such service'';
                            (iii) in subparagraph (M), by inserting ``, 
                        publish reports,'' after ``studies''; and
                            (iv) by inserting at the end the following:
                    ``(V) The authority to conduct studies, publish 
                reports, and make recommendations--
                            ``(i) on any Federal, State, local, or 
                        private policy or practice relating to 
                        communications, information, or the digital 
                        economy of the United States; and
                            ``(ii) that consider interoperability, 
                        privacy, security, spectrum use, emergency 
                        readiness, the flow of information, and with 
                        respect to the United States, in coordination 
                        with the Commission, the universal availability 
                        of and access to telecommunications service and 
                        information service (as those terms are defined 
                        in section 3 of the Communications Act of 1934) 
                        and any technology related to such service.''.
            (3) Rule of construction.--Nothing in the amendments made 
        by paragraphs (1) and (2) may be construed to expand or 
        contract the authority of the Commission.
    (d) Acceptance of Gifts and Bequests for the Under Secretary.--The 
Under Secretary is hereby authorized to accept, hold, administer, and 
utilize gifts and bequests of property, both real and personal, for the 
purpose of aiding or facilitating the work of the NTIA. Gifts and 
bequests of money and the proceeds from sales of other property 
received as gifts or bequests shall be deposited in the Treasury in a 
separate fund and shall be disbursed upon order of the Under Secretary. 
Property accepted pursuant to this provision, and the proceeds thereof, 
shall be used as nearly as possible in accordance with the terms of the 
gift or bequest.
    (e) Technical and Conforming Amendments.--
            (1) Public telecommunications financing act of 1978.--
        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)),''.
            (2) Communications act of 1934.--Section 344(d)(2) of the 
        Communications Act of 1934 (47 U.S.C. 344(d)(2)) is amended by 
        striking ``Assistant Secretary'' 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) Title 17, united states code.--Section 1201(a)(1)(C) of 
        title 17, United States Code, 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''.
            (6) 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''.
            (7) 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''.
            (8) 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''.
            (9) Warning, alert, and response network act.--Section 606 
        of the Warning, Alert, and Response Network Act (47 U.S.C. 
        1205) is amended--
                    (A) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''; and
                    (B) in subsection (b), in the first sentence, by 
                striking ``for7Communications'' and inserting ``for 
                Communications''.
            (10) 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''.
            (11) 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 (32) as paragraphs (4) through (31), 
                        respectively; and
                            (iii) by inserting after paragraph (31), as 
                        so redesignated, the following:
            ``(32) Under secretary.--The term `Under Secretary' means 
        the Under Secretary of Commerce for Communications and 
        Information.''; and
                    (B) by striking ``Assistant Secretary'' each place 
                the term appears and inserting ``Under Secretary''.
            (12) 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''.
            (13) 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''.
            (14) 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''.
            (15) 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''.
            (16) 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''; and
                    (C) in division J, in title I, 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. 102. NTIA CONSOLIDATED REPORTING ACT.

    (a) Elimination of Certain Outdated or Completed Reporting 
Requirements.--
            (1) BTOP quarterly report.--Section 6001(d) of the American 
        Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(d)) is 
        amended--
                    (A) in paragraph (2), by striking the semicolon at 
                the end and inserting ``; and'';
                    (B) in paragraph (3), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking paragraph (4).
            (2) Certain reports required by national telecommunications 
        and information administration organization act.--Sections 154, 
        155, and 156 of the National Telecommunications and Information 
        Administration Organization Act are repealed.
            (3) Initial report required by section 9202(a)(1)(G) of the 
        ndaa for fiscal year 2021.--Section 9202(a)(1)(G) of the 
        William M. (Mac) Thornberry National Defense Authorization Act 
        for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) is amended--
                    (A) in clause (ii), by redesignating subclauses 
                (I), (II), and (III) as clauses (i), (ii), and (iii), 
                respectively, and conforming the margins of such 
                clauses accordingly; and
                    (B) by striking ``Reports to congress'' and all 
                that follows through ``For each fiscal year'' and 
                inserting ``Annual report to congress.--For each fiscal 
                year''.
            (4) Report to president.--Section 105(a) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 904(a)) is amended--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraph (3) as paragraph 
                (2).
            (5) Effect on authority.--Nothing in this subsection or the 
        amendments made by this subsection may be construed to expand 
        or contract the authority of the Secretary, the Under 
        Secretary, the NTIA, or the Commission.
            (6) Other reports.--Nothing in this subsection or the 
        amendments made by this subsection may be construed to prohibit 
        or otherwise prevent the Secretary, the Under Secretary, the 
        NTIA, or the Commission from producing any additional reports 
        otherwise within the authority of the Secretary, the Under 
        Secretary, the NTIA, or the Commission, respectively.
    (b) Consolidated Annual Report.--
            (1) In general.--In the first quarter of each calendar 
        year, the Under Secretary shall publish on the website of the 
        NTIA and submit to the Committee on Energy and Commerce of the 
        House of Representatives and the Committee on Commerce, 
        Science, and Transportation of the Senate a report that 
        contains the reports described in paragraph (2) for the fiscal 
        year ending most recently before the beginning of such quarter.
            (2) Reports described.--The reports described in this 
        paragraph are the following:
                    (A) The report required by section 903(c)(2)(C) of 
                division FF of the Consolidated Appropriations Act, 
                2021 (47 U.S.C. 1307(c)(2)(C)).
                    (B) If amounts in the Public Wireless Supply Chain 
                Innovation Fund established by section 9202(a)(1)(A)(i) 
                of the William M. (Mac) Thornberry National Defense 
                Authorization Act for Fiscal Year 2021 (47 U.S.C. 
                906(a)(1)(A)(i)) were available for the fiscal year 
                described in paragraph (1) of this subsection, the 
                report required by section 9202(a)(1)(G) of such Act 
                (47 U.S.C. 906(a)(1)(G)).
                    (C) If the Under Secretary awarded grants under 
                section 60304(d)(1) of the Infrastructure Investment 
                and Jobs Act (47 U.S.C. 1723(d)(1)) in the fiscal year 
                described in paragraph (1) of this subsection, the 
                report required by section 60306(a)(1)(A) of such Act 
                (47 U.S.C. 1725(a)(1)(A)).
                    (D) A summary of the reports for the fiscal year 
                described in paragraph (1) that are required to be 
                submitted to the Under Secretary by executive agencies 
                under section 107(b)(5) of the National 
                Telecommunications and Information Administration 
                Organization Act, as added by this Act.
            (3) Timing of underlying reporting requirements.--
                    (A) Report of office of internet connectivity and 
                growth.--Section 903(c)(2)(C) of division FF of the 
                Consolidated Appropriations Act, 2021 (47 U.S.C. 
                1307(c)(2)(C)) is amended--
                            (i) in the matter preceding clause (i)--
                                    (I) by striking ``Not later than 1 
                                year after the date of the enactment of 
                                this Act, and every year thereafter,'' 
                                and inserting ``In the first quarter of 
                                each calendar year,''; and
                                    (II) by inserting ``, for the 
                                fiscal year ending most recently before 
                                the beginning of such quarter,'' after 
                                ``a report''; and
                            (ii) in clause (i), by striking ``for the 
                        previous year''.
                    (B) Report on digital equity grant programs.--
                Section 60306(a)(1) of the Infrastructure Investment 
                and Jobs Act (47 U.S.C. 1725(a)(1)) is amended--
                            (i) in the matter preceding subparagraph 
                        (A), by striking ``Not later than 1 year'' and 
                        all that follows through ``shall--'' and 
                        inserting the following: ``For the first fiscal 
                        year in which the Under Secretary awards grants 
                        under section 60304(d)(1), and each fiscal year 
                        thereafter in which the Under Secretary awards 
                        grants under such section, the Under Secretary 
                        shall--''; and
                            (ii) in subparagraph (A)--
                                    (I) by inserting ``in the first 
                                quarter of the first calendar year that 
                                begins after the end of such fiscal 
                                year,'' before ``submit''; and
                                    (II) by striking ``, for the year 
                                covered by the report''.
            (4) Satisfaction of underlying reporting requirements.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the publication and submission of a report as 
                required by paragraph (1) in the first quarter of a 
                calendar year shall be treated as satisfying any 
                requirement to publish or otherwise make publicly 
                available or to submit to Congress or to a committee of 
                Congress a report described in paragraph (2) for the 
                fiscal year ending most recently before the beginning 
                of such quarter.
                    (B) Certain submission requirements.--At the time 
                when the Under Secretary submits a report required by 
                paragraph (1) to the committees described in such 
                paragraph, the Under Secretary shall submit any portion 
                of such report that relates to a report described in 
                paragraph (2)(C) to each committee of Congress not 
                described in paragraph (1) to which such report would 
                (without regard to subparagraph (A) of this paragraph) 
                be required to be submitted.
            (5) Applicability.--Paragraph (1), and the amendments made 
        by paragraph (3), shall apply beginning on January 1 of the 
        first calendar year that begins after the date of the enactment 
        of this Act.
    (c) Extension of Certain Audit and Reporting Requirements.--Section 
902(c)(4)(A) of division N of the Consolidated Appropriations Act, 2021 
(47 U.S.C. 1306(c)(4)(A)) is amended by striking ``fiscal years 2021 
and 2022'' and inserting ``fiscal years 2021, 2022, 2023, and 2024''.
    (d) Definition.--In this section, the term ``Secretary'' means the 
Secretary of Commerce.

                TITLE II--OFFICE OF SPECTRUM MANAGEMENT

SEC. 201. OFFICE OF SPECTRUM MANAGEMENT.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by 
adding at the end the following:

``SEC. 106. OFFICE OF SPECTRUM MANAGEMENT.

    ``(a) Establishment.--There is established within the NTIA an 
Office of Spectrum Management (in this section referred to as the 
`Office').
    ``(b) Head of Office.--
            ``(1) In general.--The head of the Office shall be an 
        Associate Administrator for Spectrum Management (in this 
        section referred to as the `Associate Administrator').
            ``(2) Career position.--The position of Associate 
        Administrator shall be a career position in the Senior 
        Executive Service occupied by a career appointee (as that term 
        is defined in section 3132(a)(4) of title 5, United States 
        Code).
            ``(3) Requirement to report.--The Associate Administrator 
        shall report to the Under Secretary (or a designee of the Under 
        Secretary).
    ``(c) Duties.--The Associate Administrator shall, at the direction 
of the Under Secretary--
            ``(1) carry out responsibilities under section 103(b)(2)(A) 
        (relating to frequency assignments for radio stations belonging 
        to and operated by the United States), make frequency 
        allocations for frequencies that will be used by such stations, 
        and develop and maintain techniques, databases, measurements, 
        files, and procedures necessary for such allocations;
            ``(2) carry out responsibilities under section 103(b)(2)(K) 
        (relating to establishing policies concerning spectrum 
        assignments and use by radio stations belonging to and operated 
        by the United States) and provide Federal agencies with 
        guidance to ensure that the conduct of telecommunications 
        activities by such agencies is consistent with such policies;
            ``(3) represent the interests of Federal agencies in the 
        process through which the Commission and the NTIA jointly 
        determine the National Table of Frequency Allocations, and 
        coordinate with the Commission in the development of a 
        comprehensive long-range plan for improved management of all 
        electromagnetic spectrum resources;
            ``(4) appoint the chairpersons of and provide secretariat 
        functions for the Interdepartmental Radio Advisory Committee 
        and the PPSG (as defined in section 107(d));
            ``(5) carry out responsibilities under section 103(b)(2)(B) 
        (relating to authorizing a foreign government to construct and 
        operate a radio station at the seat of Government of the United 
        States) and assign frequencies for use by such stations;
            ``(6) provide advice and assistance to the Under Secretary 
        and coordinate with the Associate Administrator for 
        International Affairs in carrying out spectrum management 
        aspects of the international policy responsibilities of the 
        NTIA, including spectrum-related responsibilities under section 
        103(b)(2)(G);
            ``(7) advise and assist the Under Secretary on spectrum-
        related technical and policy issues regarding--
                    ``(A) the security of telecommunications in the 
                United States; and
                    ``(B) systems and means to ensure such security;
            ``(8) in coordination with the Associate Administrator for 
        Policy Development and Cybersecurity, carry out spectrum-
        related responsibilities under section 103(b)(2)(H) (relating 
        to coordination of the telecommunications activities of the 
        executive branch and assistance in the formulation of policies 
        and standards for such activities);
            ``(9) carry out spectrum-related responsibilities under 
        section 103(b)(2)(Q) (relating to certain activities with 
        respect to telecommunications resources);
            ``(10) carry out responsibilities under section 107 
        (relating to improving spectrum management); and
            ``(11) carry out any other duties of the NTIA with respect 
        to spectrum policy that the Under Secretary may designate.''.

SEC. 202. IMPROVING SPECTRUM MANAGEMENT.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 107. IMPROVING SPECTRUM MANAGEMENT.

    ``(a) Federal Coordination Procedures.--
            ``(1) Notice.--With respect to each spectrum action, not 
        later than the end of the period for submitting comments to the 
        Commission in the proceeding relating to the spectrum action, 
        the Under Secretary shall file in the public record with 
        respect to the proceeding information (redacted as necessary if 
        the information is protected from disclosure for a reason 
        described in paragraph (3)) regarding--
                    ``(A) when the Commission provided notice to the 
                Under Secretary regarding the spectrum action, as 
                required under the Memorandum;
                    ``(B) the Federal entities that may be impacted by 
                the spectrum action;
                    ``(C) when the Under Secretary provided notice to 
                the Federal entities described in subparagraph (B) 
                regarding the spectrum action;
                    ``(D) a summary of any general technical or 
                procedural concerns raised by Federal entities to the 
                Under Secretary regarding the spectrum action; and
                    ``(E) any policy concerns of the Under Secretary 
                regarding the spectrum action.
            ``(2) Final rule.--If the Commission promulgates a final 
        rule under section 553 of title 5, United States Code, 
        involving a spectrum action, the Commission shall prepare, make 
        available to the public, and publish in the Federal Register 
        along with the final rule an interagency coordination summary 
        that describes--
                    ``(A) when the Commission provided notice to the 
                Under Secretary regarding the spectrum action, as 
                required under the Memorandum;
                    ``(B) whether the Under Secretary raised technical, 
                procedural, or policy concerns regarding the spectrum 
                action; and
                    ``(C) how any concerns described in subparagraph 
                (B) were resolved.
            ``(3) Rule of construction.--Nothing in this subsection may 
        be construed to require the disclosure of classified 
        information, or other information reflecting technical, 
        procedural, or policy concerns that is exempt from disclosure 
        under section 552 of title 5, United States Code (commonly 
        known as the `Freedom of Information Act').
            ``(4) FCC consideration.--The Commission may not consider 
        any technical, procedural, or policy concerns of a Federal 
        entity regarding a spectrum action unless such concerns are 
        filed by the Under Secretary on behalf of the Federal entity in 
        the public record with respect to the proceeding of the 
        Commission relating to the spectrum action.
    ``(b) Federal Spectrum Coordination Responsibilities.--
            ``(1) In general.--Not later than 180 days after the date 
        of the enactment of this section, the Under Secretary shall 
        establish a charter for the PPSG.
            ``(2) PPSG representative.--
                    ``(A) In general.--The head of each Federal entity 
                that is reflected in the membership of the PPSG, as 
                identified in the charter established under paragraph 
                (1), shall appoint a senior-level employee (or an 
                individual occupying a Senior Executive Service 
                position, as defined in section 3132(a) of title 5, 
                United States Code) who is eligible to receive a 
                security clearance that allows for access to sensitive 
                compartmented information to serve as the 
                representative of the Federal entity to the PPSG.
                    ``(B) Security clearance requirement.--If an 
                individual appointed under subparagraph (A) is not 
                eligible to receive a security clearance described in 
                that subparagraph--
                            ``(i) the appointment shall be invalid; and
                            ``(ii) the head of the Federal entity 
                        making the appointment shall appoint another 
                        individual who satisfies the requirements of 
                        that subparagraph, including the requirement 
                        that the individual is eligible to receive such 
                        a security clearance.
            ``(3) Duties.--An individual appointed under paragraph (2) 
        shall--
                    ``(A) oversee the spectrum coordination policies 
                and procedures of the applicable Federal entity;
                    ``(B) be responsible for timely notification to the 
                PPSG and to the Under Secretary of technical or 
                procedural concerns of the applicable Federal entity 
                regarding a spectrum action; and
                    ``(C) work closely with the representative of the 
                applicable Federal entity to the Interdepartmental 
                Radio Advisory Committee.
            ``(4) Public contact.--
                    ``(A) In general.--The head of each Federal entity 
                described in paragraph (2) shall list, on the website 
                of the Federal entity, the name and contact information 
                of the representative of the Federal entity to the 
                PPSG, as appointed under such paragraph.
                    ``(B) NTIA responsibility.--The Under Secretary 
                shall publish on the public website of the NTIA a 
                complete list of the representatives to the PPSG 
                appointed under paragraph (2).
            ``(5) Annual report.--In the last quarter of each calendar 
        year, each executive agency that is authorized and directed to 
        cooperate with the NTIA under section 105(c)(2) shall submit to 
        the Under Secretary a report, for the fiscal year ending most 
        recently before the beginning of such quarter, describing the 
        steps taken in such fiscal year by the executive agency to 
        comply with such section.
    ``(c) Coordination Between Commission and NTIA.--
            ``(1) Updates.--Not later than 3 years after the date of 
        the enactment of this section, and every 4 years thereafter or 
        more frequently as appropriate, the Commission and the NTIA 
        shall update the Memorandum.
            ``(2) Nature of update.--The updates required by paragraph 
        (1) shall reflect such changing technological, procedural, and 
        policy circumstances as the Commission and the NTIA determine 
        necessary and appropriate.
    ``(d) Definitions.--In this section:
            ``(1) Memorandum.--The term `Memorandum' means the 
        Memorandum of Understanding between the Commission and the NTIA 
        (relating to increased coordination between Federal spectrum 
        management agencies to promote the efficient use of the radio 
        spectrum in the public interest), signed on August 1, 2022, or 
        any successor memorandum.
            ``(2) PPSG.--The term `PPSG' means the interagency advisory 
        body that, as of the date of the enactment of this section, is 
        known as the Policy and Plans Steering Group.
            ``(3) Spectrum action.--The term `spectrum action' means a 
        proposed action by the Commission to reallocate radio frequency 
        spectrum that is anticipated to result in a system of 
        competitive bidding conducted under section 309(j) of the 
        Communications Act of 1934 (47 U.S.C. 309(j)) or non-Federal 
        use that could potentially cause interference to the spectrum 
        operations of a Federal entity.''.

SEC. 203. SPECTRUM MANAGEMENT IMPROVEMENTS.

    (a) Prototyping.--Consistent with subparagraphs (F), (L), (P), and 
(U) of section 103(b)(2) of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 902(b)(2)), the 
Under Secretary, in coordination with the Commission, shall develop, 
establish, prototype, and support the implementation of common models, 
common methodologies, and common inputs to inform electromagnetic 
spectrum management decisions with respect to frequencies assigned on a 
primary or co-primary basis to 1 or more Federal entities, such as--
            (1) technologies and techniques to control radio frequency 
        emissions and interference;
            (2) advanced antenna arrays, and artificial intelligence 
        systems and technologies capable of operating advanced antenna 
        arrays, including multiple-input, multiple-output antennas, 
        beam forming and steering technology, antenna nulling 
        technology, and conformal arrays;
            (3) network sensing and monitoring technologies;
            (4) advanced receivers that incorporate new technologies 
        supporting new waveforms and multiple bands;
            (5) dynamic spectrum access technologies across wireless 
        systems and frequencies, including local-to-the-radio and 
        cognitive multidomain access;
            (6) novel spectrum access technologies;
            (7) artificial intelligence systems to enable dynamic 
        spectrum access, Internet of Things networks, and other 
        advanced communications technologies; and
            (8) optical and quantum communications technologies.
    (b) Spectrum Management and Advanced Communications Technologies.--
Section 104 of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 903) is amended by adding at 
the end the following:
    ``(f) Identification and Implementation of Spectrum Management 
Technologies.--The Under Secretary shall identify and implement 
technologies that promote, with respect to frequencies assigned on a 
primary or co-primary basis to 1 or more Federal entities--
            ``(1) dynamic spectrum access;
            ``(2) network sensing and monitoring; and
            ``(3) optical and quantum communications.
    ``(g) Prototyping of Advanced Communications Technologies.--The 
Under Secretary shall, with respect to frequencies assigned on a 
primary or co-primary basis to 1 or more Federal entities--
            ``(1) encourage the development of, and broad participation 
        in, a skilled workforce to conduct prototyping of advanced 
        communications technologies; and
            ``(2) support partnerships among institutions to develop a 
        skilled workforce to conduct prototyping of advanced 
        communications technologies.''.

SEC. 204. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 108. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

    ``(a) Establishment.--
            ``(1) In general.--Under the authority provided to the 
        Under Secretary under section 103, the Under Secretary shall 
        operate a test center to be known as the Institute for 
        Telecommunication Sciences (in this section referred to as 
        `ITS').
            ``(2) Functions.--
                    ``(A) In general.--In addition to any functions 
                delegated by the Under Secretary under subparagraph 
                (B), ITS shall serve as the primary laboratory for the 
                executive branch of the Federal Government to--
                            ``(i) study radio frequency emissions, 
                        including technologies and techniques to 
                        control such emissions and interference caused 
                        by such emissions;
                            ``(ii) determine spectrum propagation 
                        characteristics;
                            ``(iii) conduct tests on technology that 
                        enhances the sharing of electromagnetic 
                        spectrum between Federal and non-Federal users;
                            ``(iv) improve the interference tolerance 
                        of Federal systems operating with, or using, 
                        Federal spectrum;
                            ``(v) promote activities relating to access 
                        to Federal spectrum by non-Federal users and 
                        the sharing of Federal spectrum between Federal 
                        and non-Federal users; and
                            ``(vi) conduct such other activities as 
                        determined necessary by the Under Secretary.
                    ``(B) Additional functions.--The Under Secretary 
                may delegate to ITS any of the functions assigned to 
                the Under Secretary under section 103(b)(1).
            ``(3) Agreements and transactions.--In carrying out the 
        functions described in paragraph (2), the Under Secretary, 
        acting through the head of ITS, may enter into agreements as 
        provided under the following authorities:
                    ``(A) Sections 11 and 12 of the Stevenson-Wydler 
                Technology Innovation Act of 1980.
                    ``(B) Section 1535 of title 31, United States Code.
                    ``(C) Sections 207 and 209 of title 35, United 
                States Code.
                    ``(D) Section 103(b)(2) of this Act.
                    ``(E) Section 113(g) of this Act.
                    ``(F) The first undesignated section of Public Law 
                91-412.
                    ``(G) Authority provided under any other Federal 
                statute.
            ``(4) Federal spectrum defined.--In this subsection, the 
        term `Federal spectrum' means frequencies assigned on a primary 
        basis to a Federal entity (as defined in section 113(l)).
    ``(b) Emergency Communication and Tracking Technologies 
Initiative.--
            ``(1) Establishment.--The Under Secretary, acting through 
        the head of ITS, shall establish an initiative to support the 
        development of emergency communication and tracking 
        technologies for use in locating trapped individuals in 
        confined spaces, such as underground mines, and other shielded 
        environments, such as high-rise buildings or collapsed 
        structures, where conventional radio communication is limited.
            ``(2) Activities.--In order to carry out this subsection, 
        the Under Secretary, acting through the head of ITS, shall work 
        with private sector entities and the heads of appropriate 
        Federal agencies, to--
                    ``(A) perform a needs assessment to identify and 
                evaluate the measurement, technical specifications, and 
                conformity assessment needs required to improve the 
                operation and reliability of such emergency 
                communication and tracking technologies; and
                    ``(B) support the development of technical 
                specifications and conformance architecture to improve 
                the operation and reliability of such emergency 
                communication and tracking technologies.
            ``(3) Report.--Not later than 18 months after the date of 
        the enactment of this section, the Under Secretary shall submit 
        to Congress, and make publicly available, a report on the 
        assessment performed under paragraph (2)(A).''.

SEC. 205. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 109. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.

    ``(a) Establishment.--
            ``(1) In general.--Not later than 90 days after the date of 
        the enactment of this section, the Under Secretary shall 
        establish within the NTIA a Commerce Spectrum Management 
        Advisory Committee (referred to in this section as the 
        `CSMAC').
            ``(2) Existing advisory committees.--A Federal advisory 
        committee of the NTIA that is operating, on the date of the 
        enactment of this section, under a charter for the purpose of 
        carrying out duties substantially similar to the duties 
        described in subsection (b), satisfies the requirements of 
        paragraph (1) if the membership of such committee complies with 
        subsection (c) or is modified to comply with such subsection 
        not later than 90 days after the date of the enactment of this 
        section.
    ``(b) Duties.--The CSMAC shall advise and make recommendations to 
the Under Secretary with respect to--
            ``(1) developing and maintaining spectrum management 
        policies that enable the United States to maintain or 
        strengthen its global leadership role in the introduction of 
        innovative communications technologies and services, including 
        those that enable critical missions of the Federal Government;
            ``(2) objectives that advance spectrum-based innovation, 
        including facilitating access to--
                    ``(A) wireless broadband internet access service;
                    ``(B) space-based services;
                    ``(C) non-communications services, including 
                radiolocation services and sensing services; and
                    ``(D) other emerging technologies;
            ``(3) fostering increased spectrum sharing among all users;
            ``(4) promoting innovation and rapid advances in technology 
        that support the more efficient use of spectrum;
            ``(5) authorizing radio systems and frequencies in a way 
        that maximizes the benefits to the public;
            ``(6) establishing a long-range spectrum planning process 
        and identifying international opportunities to advance the 
        economic interests of the United States through spectrum 
        management;
            ``(7) how best to leverage radio frequency-related 
        research, development, and testing and evaluation efforts;
            ``(8) ways to foster more efficient and innovative uses of 
        electromagnetic spectrum resources across the Federal 
        Government, subject to and consistent with the needs and 
        missions of Federal agencies;
            ``(9) new issues associated with spectrum sharing on 
        frequencies assigned on a primary or co-primary basis to 1 or 
        more Federal entities, including harmful interference and 
        associated enforcement challenges; and
            ``(10) developing balanced policies that promote licensed, 
        unlicensed, and other forms of access to spectrum.
    ``(c) Members.--
            ``(1) Composition of committee.--To the extent practicable, 
        the CSMAC shall be composed of not less than 10 but not more 
        than 30 members appointed by the Under Secretary with the goal 
        of providing a balanced representation of--
                    ``(A) non-Federal spectrum users;
                    ``(B) State government and local government;
                    ``(C) technology developers and manufacturers;
                    ``(D) academia;
                    ``(E) civil society;
                    ``(F) providers of mobile broadband internet access 
                service and providers of fixed broadband internet 
                access service, including--
                            ``(i) providers with customers in both 
                        domestic and international markets;
                            ``(ii) small providers; and
                            ``(iii) rural providers;
                    ``(G) providers of communications services using 
                satellite communications networks;
                    ``(H) Federal spectrum users; and
                    ``(I) Tribal organizations.
            ``(2) Appointments.--
                    ``(A) In general.--The Under Secretary shall 
                appoint members to the CSMAC for up to a two-year term, 
                except that members may be reappointed for additional 
                terms by the Under Secretary.
                    ``(B) Removal.--Each member appointed under 
                subparagraph (A) shall serve on the CSMAC at the 
                pleasure and discretion of the Under Secretary.
            ``(3) Chair.--
                    ``(A) Appointment.--The Under Secretary shall 
                appoint one or more members from among those appointed 
                to the CSMAC to serve as Chair or Co-Chairs of the 
                CSMAC.
                    ``(B) Service.--The Chair, or Co-Chairs, as the 
                case may be, shall serve at the pleasure and discretion 
                of the Under Secretary.
            ``(4) Vacancy.--A vacancy on the CSMAC shall be filled in 
        the manner in which the original appointment was made and the 
        member so appointed shall serve for the remainder of the term.
            ``(5) Compensation.--The members of the CSMAC shall serve 
        without compensation.
    ``(d) Subcommittees.--
            ``(1) Authority.--Subject to the approval of the Under 
        Secretary, as the Under Secretary determines necessary for the 
        performance by the CSMAC of the duties described under 
        subsection (b), the CSMAC may establish subcommittees, working 
        groups, standing committees, ad hoc groups, task groups, or 
        other subgroups of the CSMAC.
            ``(2) Limitations and additional participation.--Any 
        subcommittee, working group, standing committee, ad hoc group, 
        task group, or other subgroup established under paragraph (1)--
                    ``(A) shall report to the CSMAC;
                    ``(B) may not provide any advice, recommendation, 
                or other work product directly to the Under Secretary; 
                and
                    ``(C) may seek participation by any person who is 
                not a member of the CSMAC to inform the activity of 
                such subcommittee, working group, standing committee, 
                ad hoc group, task group, or other subgroup.
    ``(e) Duration.--Section 1013(a)(2)(B) of title 5, United States 
Code (relating to the termination of advisory committees) shall not 
apply to the CSMAC.''.

SEC. 206. INCUMBENT INFORMING CAPABILITY.

    Part B of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by 
adding at the end the following:

``SEC. 120. INCUMBENT INFORMING CAPABILITY.

    ``(a) In General.--The Under Secretary shall--
            ``(1) not later than 120 days after the date of the 
        enactment of this section, begin to amend the Department of 
        Commerce spectrum management document entitled `Manual of 
        Regulations and Procedures for Federal Radio Frequency 
        Management' so as to incorporate an incumbent informing 
        capability; and
            ``(2) not later than the date on which amounts appropriated 
        to carry out this section are first made available, begin to 
        implement such capability, including the development and 
        testing of such capability.
    ``(b) Establishment of the Incumbent Informing Capability.--
            ``(1) In general.--The incumbent informing capability 
        required by subsection (a) shall include a system to enable 
        sharing, including time-based sharing, to securely manage 
        harmful interference between non-Federal users and incumbent 
        Federal entities sharing a band of covered spectrum and between 
        Federal entities sharing a band of covered spectrum.
            ``(2) Requirements for system.--The system required by 
        paragraph (1) shall contain, at a minimum, the following:
                    ``(A) One or more mechanisms to allow non-Federal 
                use in covered spectrum, as authorized by the rules of 
                the Commission. Such mechanism or mechanisms shall 
                include interfaces to commercial sharing systems, as 
                appropriate.
                    ``(B) One or more mechanisms to facilitate Federal-
                to-Federal sharing, as authorized by the NTIA.
                    ``(C) One or more mechanisms to prevent, eliminate, 
                or mitigate harmful interference to incumbent Federal 
                entities, including one or more of the following 
                functions:
                            ``(i) Sensing.
                            ``(ii) Identification.
                            ``(iii) Reporting.
                            ``(iv) Analysis.
                            ``(v) Resolution.
                    ``(D) Dynamic coordination area analysis, 
                definition, and control, if appropriate for a band.
            ``(3) Compliance with commission rules.--The incumbent 
        informing capability required by subsection (a) shall ensure 
        that use of covered spectrum is in accordance with the 
        applicable rules of the Commission.
            ``(4) Input of information.--Each incumbent Federal entity 
        sharing a band of covered spectrum shall--
                    ``(A) input into the system required by paragraph 
                (1) such information as the Under Secretary may 
                require, including the frequency, time, and location of 
                the use of the band by such Federal entity; and
                    ``(B) to the extent practicable, input such 
                information into such system on an automated basis.
            ``(5) Protection of classified information and controlled 
        unclassified information.--The system required by paragraph (1) 
        shall contain appropriate measures to protect classified 
        information and controlled unclassified information, including 
        any such classified information or controlled unclassified 
        information that relates to military operations.
    ``(c) Briefing.--Not later than 1 year after the date on which 
amounts appropriated to carry out this section are first made 
available, the Under Secretary shall provide a briefing on the 
implementation of this section to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    ``(d) Definitions.--In this section:
            ``(1) Covered spectrum.--The term `covered spectrum' 
        means--
                    ``(A) electromagnetic spectrum for which usage 
                rights are assigned to or authorized for (including 
                before the date on which the incumbent informing 
                capability required by subsection (a) is implemented) a 
                non-Federal user or class of non-Federal users for use 
                on a shared basis with an incumbent Federal entity in 
                accordance with the rules of the Commission; and
                    ``(B) electromagnetic spectrum allocated on a 
                primary or co-primary basis for Federal use that is 
                shared among Federal entities.
            ``(2) Federal entity.--The term `Federal entity' has the 
        meaning given such term in section 113(l).
            ``(3) Incumbent informing capability.--The term `incumbent 
        informing capability' means a capability to facilitate the 
        sharing of covered spectrum.
    ``(e) Rule of Construction.--Nothing in this section may be 
construed to alter or expand the authority of the NTIA as described in 
section 113(j)(1).''.

SEC. 207. VOLUNTARY CRITERIA, STANDARDS, RATINGS, AND OTHER MEASURES 
              FOR CERTAIN RADIO RECEIVERS.

    (a) Establishment of Working Group.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Under Secretary shall convene a 
        working group to assist the Under Secretary in developing, and 
        periodically updating, voluntary criteria, standards, ratings, 
        and other measures with respect to radio receivers operating in 
        Federal systems in spectrum bands allocated for exclusive 
        Federal use.
            (2) Purpose.--The purpose of the voluntary criteria, 
        standards, ratings, and other measures developed, and 
        periodically updated, by the Under Secretary under this 
        section, with the assistance of the working group, shall be to 
        provide guidance on the design, manufacture, and sale of radio 
        receivers designed (in whole or in part) to operate in Federal 
        systems in spectrum bands allocated for exclusive Federal use--
                    (A) with respect to the incorporation of 
                appropriate measures to mitigate, or enhance resiliency 
                to, potential harmful interference; and
                    (B) with the goal of ensuring that the reasonable 
                current and future use of cochannel and non-cochannel 
                spectrum, including use by non-Federal systems of 
                spectrum designated by the Commission for commercial 
                operations, will not result in the operation of such 
                receivers being seriously degraded or obstructed, 
                including such operation being repeatedly interrupted.
            (3) Chair; members; participation by federal entities.--
                    (A) Chair and members.--The Chair of the working 
                group shall be the Under Secretary and the working 
                group shall include representatives from the following:
                            (i) The Commission.
                            (ii) The communications industry.
                            (iii) Academia.
                            (iv) Entities that manufacture radio 
                        receivers.
                            (v) Entities that establish technical 
                        specifications for radio receivers.
                    (B) Participation by federal entities.--The Under 
                Secretary shall invite a representative from each 
                Federal entity to participate in the working group.
            (4) Federal advisory committee act exemption.--Chapter 10 
        of title 5, United States Code, shall not apply to the working 
        group.
    (b) Publication of Voluntary Criteria, Standards, Ratings, and 
Other Measures.--Not later than 18 months after the date on which the 
working group is convened, the Under Secretary shall publish, 
consistent with the protection of classified information and 
intelligence sources and methods, the voluntary criteria, standards, 
ratings, and other measures developed pursuant to subsection (a) on a 
publicly accessible page on the website of the NTIA and in the Federal 
Register.
    (c) Periodic Review and Update.--Not less frequently than every 4 
years, the Under Secretary shall review and update, if appropriate, the 
voluntary criteria, standards, ratings, and other measures published 
under subsection (b). Any such update shall be published as described 
in subsection (b) not later than 14 days after the date on which the 
update is completed.
    (d) Consideration.--In developing, and periodically updating, 
voluntary criteria, standards, ratings, and other measures under this 
section, the Under Secretary shall take into consideration the unique 
technical and operational characteristics of different Federal systems.
    (e) Rule of Construction.--Nothing in this section may be construed 
to provide authority for the establishment of any--
            (1) mandatory criteria, standards, ratings, or other 
        measures; or
            (2) voluntary criteria, standards, ratings, or other 
        measures with technical parameters not determined by the Under 
        Secretary.
    (f) Definitions.--In this section:
            (1) Federal entity.--The term ``Federal entity'' has the 
        meaning given such term in section 113(l) of the National 
        Telecommunications and Information Administration Organization 
        Act (47 U.S.C. 923(l)).
            (2) Federal system.--The term ``Federal system'' means a 
        system of radio stations belonging to and operated by the 
        Federal Government that receives radio frequency signals on 
        spectrum that is allocated exclusively for Federal use or 
        allocated for shared Federal and non-Federal use.
            (3) Working group.--The term ``working group'' means the 
        working group convened under subsection (a)(1).

         TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH

SEC. 301. NATIONAL STRATEGY TO CLOSE DIGITAL DIVIDE.

    (a) National Strategy.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Under Secretary, in consultation 
        with the heads of the covered agencies, shall develop and 
        submit to the appropriate committees of Congress a National 
        Strategy to Close the Digital Divide to--
                    (A) support better management of Federal broadband 
                programs to deliver on the goal of providing high-
                speed, affordable broadband internet access service to 
                all individuals in the United States;
                    (B) synchronize interagency coordination among 
                covered agencies for Federal broadband programs;
                    (C) synchronize interagency coordination regarding 
                the process for approving the grant of an easement, 
                right of way, or lease to, in, over, or on a building 
                or any other property owned by the Federal Government 
                for the right to install, construct, modify, or 
                maintain infrastructure with respect to broadband 
                internet access service; and
                    (D) reduce barriers, lower costs, and ease 
                administrative burdens for State, local, and Tribal 
                governments to participate in Federal broadband 
                programs.
            (2) Required contents.--The Strategy shall--
                    (A) list all--
                            (i) Federal broadband programs; and
                            (ii) programs known to the NTIA that exist 
                        at the State and local levels that are directly 
                        or indirectly intended to increase the 
                        deployment of, access to, the affordability of, 
                        or the adoption of broadband internet access 
                        service;
                    (B) describe current, as of the date on which the 
                Strategy is submitted, Federal efforts to coordinate 
                Federal broadband programs;
                    (C) identify gaps, limitations, and requirements, 
                including with respect to laws and data, that hinder, 
                or may hinder, coordination across Federal broadband 
                programs;
                    (D) establish clear roles and responsibilities for 
                the heads of the covered agencies, as well as clear 
                goals, objectives, and performance measures, for--
                            (i) the management of all Federal broadband 
                        programs; and
                            (ii) interagency coordination efforts with 
                        respect to Federal broadband programs;
                    (E) address the sources and types of resources and 
                investments needed by covered agencies to carry out the 
                Strategy, and where those resources and investments 
                should be targeted based on balancing risk reductions 
                with costs;
                    (F) address factors that increase the costs and 
                administrative burdens for State, local, and Tribal 
                governments with respect to participation in Federal 
                broadband programs;
                    (G) recommend incentives, legislative solutions, 
                and administrative actions to help State, local, and 
                Tribal governments more efficiently--
                            (i) distribute, and effectively administer, 
                        funding received from Federal broadband 
                        programs; and
                            (ii) resolve conflicts with respect to the 
                        funding described in clause (i);
                    (H) recommend incentives, legislative solutions, 
                and administrative actions to--
                            (i) improve the coordination and management 
                        of Federal broadband programs; and
                            (ii) eliminate duplication with respect to 
                        Federal broadband programs;
                    (I) describe current, as of the date on which the 
                Strategy is submitted, efforts by covered agencies to 
                streamline the process for granting access to an 
                easement, right of way, or lease to, in, over, or on a 
                building or any other property owned by the Federal 
                Government for the right to install, construct, modify, 
                or maintain infrastructure with respect to broadband 
                internet access service;
                    (J) identify gaps and limitations with respect to 
                allowing regional, interstate, or cross-border economic 
                development organizations to participate in Federal 
                broadband programs; and
                    (K) address specific issues relating to closing the 
                digital divide on Tribal lands.
            (3) Public consultation.--In developing the Strategy, the 
        Under Secretary shall consult with--
                    (A) groups that represent consumers or the 
                interests of the public, including economically or 
                socially disadvantaged individuals;
                    (B) subject matter experts;
                    (C) providers of broadband internet access service;
                    (D) Tribal entities; and
                    (E) State and local agencies and entities.
    (b) Implementation Plan.--
            (1) In general.--Not later than 240 days after the date on 
        which the Under Secretary submits the Strategy to the 
        appropriate committees of Congress under subsection (a)(1), the 
        Under Secretary, in consultation with the heads of the covered 
        agencies, shall develop and submit to the appropriate 
        committees of Congress an implementation plan for the Strategy.
            (2) Required contents.--The Implementation Plan shall, at a 
        minimum--
                    (A) provide a plan for implementing the roles, 
                responsibilities, goals, objectives, and performance 
                measures for the management of Federal broadband 
                programs and interagency coordination efforts 
                identified in the Strategy;
                    (B) provide a plan for coordinating with covered 
                agencies on the roles, responsibilities, goals, 
                objectives, and performance measures identified in the 
                Strategy;
                    (C) describe the roles and responsibilities of the 
                covered agencies, and the interagency mechanisms, to 
                coordinate the implementation of the Strategy;
                    (D) provide a plan for regular meetings among the 
                heads of the covered agencies to coordinate the 
                implementation of the Strategy and improve coordination 
                among Federal broadband programs and for permitting 
                processes for infrastructure with respect to broadband 
                internet access service;
                    (E) provide a plan for regular engagement with 
                interested members of the public to evaluate Federal 
                broadband programs, permitting processes for 
                infrastructure with respect to broadband internet 
                access service, and progress in implementing the 
                Strategy;
                    (F) with respect to the awarding of Federal funds 
                or subsidies to support the deployment of broadband 
                internet access service, provide a plan for the 
                adoption of--
                            (i) common data sets to use when making 
                        awards, including a requirement that covered 
                        agencies use the maps created under title VIII 
                        of the Communications Act of 1934 (47 U.S.C. 
                        641 et seq.); and
                            (ii) applications regarding those awards, 
                        as described in section 903(e) of the ACCESS 
                        BROADBAND Act (47 U.S.C. 1307(e));
                    (G) provide a plan to monitor and reduce waste, 
                fraud, and abuse in Federal broadband programs, 
                including wasteful spending resulting from fragmented, 
                overlapping, and unnecessarily duplicative programs;
                    (H) require consistent obligation and expenditure 
                reporting by covered agencies for Federal broadband 
                programs, which shall be consistent with section 
                903(c)(2) of the ACCESS BROADBAND Act (47 U.S.C. 
                1307(c)(2));
                    (I) provide a plan to--
                            (i) increase awareness of, and 
                        participation and enrollment in, Federal 
                        broadband programs relating to the 
                        affordability and adoption of broadband 
                        internet access service;
                            (ii) adopt common data sets to evaluate the 
                        performance of such Federal broadband programs 
                        and make such data sets available as open 
                        Government data assets; and
                            (iii) address barriers to participation in 
                        such Federal broadband programs for eligible 
                        households;
                    (J) provide a plan to monitor the service 
                offerings, consistency, and quality of broadband 
                internet access service supported by Federal broadband 
                programs; and
                    (K) describe the administrative and legislative 
                action that is necessary to carry out the Strategy.
            (3) Public comment.--Not later than 30 days after the date 
        on which the Under Secretary submits the Strategy to the 
        appropriate committees of Congress under subsection (a)(1), the 
        Under Secretary shall seek public comment regarding the 
        development and execution of the Implementation Plan.
    (c) Briefings and Implementation.--
            (1) Briefing.--Not later than 21 days after the date on 
        which the Under Secretary submits the Implementation Plan to 
        the appropriate committees of Congress under subsection (b)(1), 
        the Under Secretary, and appropriate representatives from the 
        covered agencies involved in the formulation of the Strategy, 
        shall provide a briefing on the implementation of the Strategy 
        to the appropriate committees of Congress.
            (2) Implementation.--The Under Secretary shall--
                    (A) implement the Strategy in accordance with the 
                terms of the Implementation Plan; and
                    (B) not later than 90 days after the date on which 
                the Under Secretary begins to implement the Strategy, 
                and not less frequently than once every 90 days 
                thereafter until the date on which the Implementation 
                Plan is fully implemented, brief the appropriate 
                committees of Congress on the progress in implementing 
                the Implementation Plan.
    (d) Government Accountability Office Study and Report.--
            (1) Study.--The Comptroller General of the United States 
        shall conduct a study that shall--
                    (A) examine the efficacy of the Strategy and the 
                Implementation Plan in closing the digital divide; and
                    (B) make recommendations regarding how to improve 
                the Strategy and the Implementation Plan.
            (2) Report.--Not later than 1 year after the date on which 
        the Under Secretary submits the Implementation Plan to the 
        appropriate committees of Congress under subsection (b)(1), the 
        Comptroller General shall submit to the appropriate committees 
        of Congress a report on the results of the study conducted 
        under paragraph (1).
    (e) Rule of Construction.--Nothing in this section may be construed 
to affect the authority or jurisdiction of the Commission or confer 
upon the Under Secretary or any executive agency the power to direct 
the actions of the Commission, either directly or indirectly.
    (f) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate; and
                    (B) the Committee on Energy and Commerce of the 
                House of Representatives.
            (2) Covered agencies.--The term ``covered agencies'' 
        means--
                    (A) the Commission;
                    (B) the Department of Agriculture;
                    (C) the NTIA;
                    (D) the Department of Health and Human Services;
                    (E) the Appalachian Regional Commission;
                    (F) the Delta Regional Authority;
                    (G) the Economic Development Administration;
                    (H) the Department of Education;
                    (I) the Department of the Treasury;
                    (J) the Department of Transportation;
                    (K) the Institute of Museum and Library Services;
                    (L) the Northern Border Regional Commission;
                    (M) the Department of Housing and Urban 
                Development; and
                    (N) the Department of the Interior.
            (3) Federal broadband program.--The term ``Federal 
        broadband program'' means any program administered by a covered 
        agency that is directly or indirectly intended to increase the 
        deployment of, access to, the affordability of, or the adoption 
        of broadband internet access service.
            (4) Implementation plan.--The term ``Implementation Plan'' 
        means the implementation plan developed under subsection 
        (b)(1).
            (5) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, and each commonwealth, 
        territory, or possession of the United States.
            (6) Strategy.--The term ``Strategy'' means the National 
        Strategy to Close the Digital Divide developed under subsection 
        (a)(1).

        TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY

SEC. 401. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.

    (a) In General.--Part A of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.), as 
amended by the preceding provisions of this Act, is further amended by 
adding at the end the following:

``SEC. 110. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.

    ``(a) Establishment.--There is established within the NTIA an 
Office of Policy Development and Cybersecurity (in this section 
referred to as the `Office').
    ``(b) Head of Office.--
            ``(1) In general.--The head of the Office shall be an 
        Associate Administrator for Policy Development and 
        Cybersecurity (in this section referred to as the `Associate 
        Administrator').
            ``(2) Career position.--The position of Associate 
        Administrator shall be a career position in the Senior 
        Executive Service occupied by a career appointee (as that term 
        is defined in section 3132(a)(4) of title 5, United States 
        Code).
            ``(3) Requirement to report.--The Associate Administrator 
        shall report to the Under Secretary (or a designee of the Under 
        Secretary).
    ``(c) Duties.--
            ``(1) In general.--The Associate Administrator shall, at 
        the direction of the Under Secretary, oversee and conduct 
        national communications and information policy analysis and 
        development for the internet and communications technologies.
            ``(2) Particular duties.--In carrying out paragraph (1), 
        the Associate Administrator shall, at the direction of the 
        Under Secretary--
                    ``(A) develop, analyze, and advocate for market-
                based policies that promote innovation, competition, 
                consumer access, digital inclusion, workforce 
                development, and economic growth in the communications, 
                media, and technology markets;
                    ``(B) conduct studies, as delegated by the Under 
                Secretary or required by Congress, on how individuals 
                in the United States access and use the internet, 
                wireline and wireless telephony, mass media, other 
                digital services, and video services;
                    ``(C) coordinate transparent, consensus-based, 
                multistakeholder processes to create guidance for and 
                to support the development and implementation of 
                cybersecurity and privacy policies with respect to the 
                internet and other communications networks;
                    ``(D) promote increased collaboration between 
                security researchers and providers of communications 
                services and software system developers;
                    ``(E) perform such duties as the Under Secretary 
                considers appropriate relating to the program for 
                preventing future vulnerabilities established under 
                section 8(a) of the Secure and Trusted Communications 
                Networks Act of 2019 (47 U.S.C. 1607(a));
                    ``(F) advocate for policies that promote the 
                security and resilience to cybersecurity incidents of 
                communications networks while fostering innovation, 
                including policies that promote secure communications 
                network supply chains;
                    ``(G) present security of the digital economy and 
                infrastructure and cybersecurity policy efforts before 
                the Commission, Congress, and elsewhere;
                    ``(H) provide advice and assistance to the Under 
                Secretary in carrying out the policy responsibilities 
                of the NTIA with respect to cybersecurity policy 
                matters, including the evaluation of the impact of 
                cybersecurity matters pending before the Commission, 
                other Federal agencies, and Congress;
                    ``(I) in addition to the duties described in 
                subparagraph (H), perform such other duties regarding 
                the policy responsibilities of the NTIA with respect to 
                cybersecurity policy matters as the Under Secretary 
                considers appropriate;
                    ``(J) develop policies to accelerate innovation and 
                commercialization with respect to advances in 
                technological understanding of communications 
                technologies;
                    ``(K) identify barriers to trust, security, 
                innovation, and commercialization with respect to 
                communications technologies, including access to 
                capital and other resources, and ways to overcome such 
                barriers;
                    ``(L) provide public access to relevant data, 
                research, and technical assistance on innovation and 
                commercialization with respect to communications 
                technologies, consistent with the protection of 
                classified information;
                    ``(M) strengthen collaboration on and coordination 
                of policies relating to innovation and 
                commercialization with respect to communications 
                technologies, including policies focused on the needs 
                of small businesses and rural communities--
                            ``(i) within the Department of Commerce;
                            ``(ii) between the Department of Commerce 
                        and State government agencies, as appropriate; 
                        and
                            ``(iii) between the Department of Commerce 
                        and the Commission or any other Federal agency 
                        the Under Secretary determines to be necessary; 
                        and
                    ``(N) solicit and consider feedback from small and 
                rural communications service providers, as 
                appropriate.''.
    (b) Redesignation of Associate Administrator; Continuation of 
Service.--
            (1) Redesignation.--The position of Associate Administrator 
        for Policy Analysis and Development at the NTIA is hereby 
        redesignated as the position of Associate Administrator for 
        Policy Development and Cybersecurity.
            (2) Continuation of service.--The individual serving as 
        Associate Administrator for Policy Analysis and Development at 
        the NTIA on the date of the enactment of this Act shall become, 
        as of such date, the Associate Administrator for Policy 
        Development and Cybersecurity.

SEC. 402. ECONOMIC COMPETITIVENESS OF INFORMATION AND COMMUNICATION 
              TECHNOLOGY SUPPLY CHAIN.

    (a) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit to the Committee on Energy and 
Commerce of the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the information 
and communication technology supply chain that--
            (1) identifies--
                    (A) information and communication technology 
                critical to the economic competitiveness of the United 
                States; and
                    (B) the industrial capacity of--
                            (i) United States vendors that produce 
                        information and communication technology 
                        identified under subparagraph (A); and
                            (ii) trusted information and communication 
                        technology vendors that produce information and 
                        communication technology identified under 
                        subparagraph (A);
            (2) assesses the economic competitiveness of vendors 
        described under paragraph (1)(B);
            (3) assesses whether, and to what extent, there is a 
        dependence by providers of advanced telecommunications 
        capability in the United States on information and 
        communication technology identified under paragraph (1)(A) that 
        is not trusted;
            (4) identifies--
                    (A) what actions by the Federal Government are 
                needed to support, and bolster the economic 
                competitiveness of, trusted information and 
                communication technology vendors; and
                    (B) what Federal resources are needed to reduce 
                dependence by providers of advanced telecommunications 
                capability in the United States on companies that--
                            (i) produce information and communication 
                        technology; and
                            (ii) are not trusted; and
            (5) defines lines of effort and assigns responsibilities 
        for a whole-of-Government response to ensuring the 
        competitiveness of the information and communication technology 
        supply chain in the United States.
    (b) Whole-of-Government Strategy.--
            (1) In general.--The Secretary shall develop, on the basis 
        of the report required by subsection (a), a whole-of-Government 
        strategy to ensure the economic competitiveness of trusted 
        information and communication technology vendors that 
        includes--
                    (A) recommendations on how--
                            (i) to strengthen the structure, resources, 
                        and authorities of the Federal Government to 
                        support the economic competitiveness of trusted 
                        information and communication technology 
                        vendors, including United States vendors that 
                        are trusted information and communication 
                        technology vendors; and
                            (ii) the Federal Government can address any 
                        barriers to a market-based solution for 
                        increasing the economic competitiveness of such 
                        information and communication technology 
                        vendors;
                    (B) defined lines of effort and responsibilities 
                for Federal agencies to implement the strategy; and
                    (C) a description of--
                            (i) any change to a Federal program, 
                        Federal law, or structure of the Federal 
                        Government necessary to implement any 
                        recommendation under subparagraph (A); and
                            (ii) any additional Federal resource 
                        necessary to implement any recommendation under 
                        subparagraph (A).
            (2) Report.--Not later than 180 days after the submission 
        of the report required by subsection (a), the Secretary shall 
        submit to the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report containing the strategy 
        developed under paragraph (1).
    (c) Consultation Required.--In carrying out subsections (a) and 
(b), the Secretary shall consult with--
            (1) a cross-section of trusted information and 
        communication technology vendors; and
            (2) the Secretary of State, the Secretary of Homeland 
        Security, the Attorney General, the Director of National 
        Intelligence, the Chair of the Commission, and any other head 
        of an agency the Secretary determines necessary.
    (d) Definitions.--In this section:
            (1) Advanced telecommunications capability.--The term 
        ``advanced telecommunications capability'' has the meaning 
        given that term in section 706(d) of the Telecommunications Act 
        of 1996 (47 U.S.C. 1302(d)).
            (2) Information and communication technology.--The term 
        ``information and communication technology'' means a technology 
        (including software), component, or material that enables 
        communications by radio or wire.
            (3) Information and communication technology supply 
        chain.--The term ``information and communication technology 
        supply chain'' means all of the companies that produce 
        information and communication technology.
            (4) Not trusted.--The term ``not trusted'' means, with 
        respect to a company or information and communication 
        technology, that the company or information and communication 
        technology is determined by the Secretary to pose an 
        unacceptable risk to the national security of the United States 
        or the security and safety of United States persons based 
        solely on one or more determinations described under paragraphs 
        (1) through (4) of section 2(c) of the Secure and Trusted 
        Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce, acting through the Under Secretary.
            (6) Trusted.--The term ``trusted'' means, with respect to a 
        company, that the Secretary has not determined that the company 
        is not trusted.
            (7) Trusted information and communication technology 
        vendor.--The term ``trusted information and communication 
        technology vendor'' means a company--
                    (A) that produces information and communication 
                technology; and
                    (B) that is trusted.

SEC. 403. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 110A. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.

    ``(a) Establishment.--There is established within the NTIA a 
Digital Economy and Cybersecurity Board of Advisors (in this section 
referred to as the `Board').
    ``(b) Duties.--The Board shall provide to the Under Secretary 
recommendations (for implementation by the Under Secretary or that the 
Under Secretary could recommend for implementation by other appropriate 
entities) with respect to the following:
            ``(1) Technical cybersecurity best practices that enable 
        economic growth while securing information and communications 
        networks, including practices that Federal and non-Federal 
        entities can implement to secure internet routing protocols, 
        including the Border Gateway Protocol used by Federal and non-
        Federal entities.
            ``(2) Cybersecurity policies to support the development and 
        implementation of cybersecurity practices with respect to the 
        internet and information and communications networks.
            ``(3) Policies that foster collaboration through public-
        private partnerships to promote the security and resilience to 
        cybersecurity incidents of information and communications 
        networks while fostering innovation, including policies that 
        promote secure supply chains for information and communications 
        networks.
            ``(4) Policies to remove barriers to trust, security, 
        innovation, and commercialization with respect to information 
        and communications networks.
    ``(c) Members.--
            ``(1) Composition.--
                    ``(A) In general.--The Board shall be composed of 
                not fewer than 5, and not more than 25, members 
                appointed by the Under Secretary.
                    ``(B) Expertise.--Each member of the Board shall 
                have cybersecurity or supply chain security technical 
                expertise, cybersecurity or supply chain security 
                policy expertise, or expertise in managing or 
                overseeing the cybersecurity or supply chain security 
                functions of a business.
                    ``(C) Representation.--In appointing members of the 
                Board under subparagraph (A), the Under Secretary shall 
                ensure that the members appointed provide a balanced 
                representation of the following:
                            ``(i) Chief cybersecurity officers or other 
                        qualified individuals employed in cybersecurity 
                        positions, representing both the public and 
                        private sectors.
                            ``(ii) Persons who operate or maintain 
                        information and communications networks, 
                        including persons who operate or maintain small 
                        or rural information and communications 
                        networks.
                            ``(iii) Vendors that produce or provide 
                        equipment used in information and 
                        communications networks.
                            ``(iv) Vendors that produce or provide 
                        software used in information and communications 
                        networks.
                            ``(v) Persons who operate or maintain 
                        internet applications.
            ``(2) Terms.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (C) and (D), each member of the Board 
                shall be appointed for a term of a length not to exceed 
                2 years, to be determined by the Under Secretary.
                    ``(B) Reappointment.--A member of the Board, 
                including a member appointed to fill a vacancy as 
                provided in subparagraph (D), may be reappointed for 1 
                or more additional terms by the Under Secretary.
                    ``(C) Removal.--The Under Secretary may remove a 
                member of the Board at the discretion of the Under 
                Secretary.
                    ``(D) Vacancy.--Any member of the Board appointed 
                to fill a vacancy occurring before the expiration of 
                the term for which the predecessor of the member was 
                appointed shall be appointed only for the remainder of 
                such term. A vacancy in the Board shall be filled in 
                the manner in which the original appointment was made.
            ``(3) Chair.--The Chair of the Board shall be the Associate 
        Administrator of the NTIA for Policy Development and 
        Cybersecurity.
            ``(4) Compensation.--The members of the Board shall serve 
        without compensation.
    ``(d) Subcommittees.--
            ``(1) Authority.--Subject to the approval of the Under 
        Secretary, as the Under Secretary determines necessary for the 
        performance by the Board of the duties described in subsection 
        (b), the Board may establish subcommittees, working groups, 
        standing committees, ad hoc groups, task groups, or other 
        subgroups of the Board.
            ``(2) Limitation.--Any subcommittee, working group, 
        standing committee, ad hoc group, task group, or other subgroup 
        of the Board established under paragraph (1)--
                    ``(A) shall report to the Board; and
                    ``(B) may not provide any advice, recommendation, 
                or other work product directly to the Under Secretary.
    ``(e) Termination.--Notwithstanding section 1013 of title 5, United 
States Code, the Board shall terminate on the date that is 4 years 
after the date of the enactment of this section.
    ``(f) Definitions.--In this section:
            ``(1) Border gateway protocol.--The term `Border Gateway 
        Protocol' means the routing protocol used to exchange network 
        reachability information among independently managed networks 
        on the internet.
            ``(2) Information and communications network.--The term 
        `information and communications network' means a network that 
        provides advanced telecommunications capability (as defined in 
        section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 
        1302(d))).''.

SEC. 404. CYBERSECURITY LITERACY.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States has a national security and economic interest in promoting 
cybersecurity literacy amongst the general public.
    (b) In General.--The Under Secretary shall develop and conduct a 
cybersecurity literacy campaign (which shall be available in multiple 
languages and formats, if practicable) to increase the knowledge and 
awareness of individuals in the United States with respect to best 
practices to reduce cybersecurity risks.
    (c) Campaign Requirements.--In carrying out subsection (b), the 
Under Secretary shall--
            (1) educate individuals in the United States on how to 
        prevent and mitigate cyberattacks and cybersecurity risks, 
        including by--
                    (A) instructing such individuals on how to 
                identify--
                            (i) phishing emails and messages; and
                            (ii) secure websites;
                    (B) instructing such individuals about the benefits 
                of changing default passwords on hardware and software 
                technology;
                    (C) encouraging the use of cybersecurity tools, 
                including--
                            (i) multi-factor authentication;
                            (ii) complex passwords;
                            (iii) anti-virus software;
                            (iv) patching and updating software and 
                        applications; and
                            (v) virtual private networks;
                    (D) identifying the devices that could pose 
                possible cybersecurity risks, including--
                            (i) personal computers;
                            (ii) smartphones;
                            (iii) tablets;
                            (iv) Wi-Fi routers;
                            (v) smart home appliances;
                            (vi) webcams;
                            (vii) internet-connected monitors; and
                            (viii) any other device that can be 
                        connected to the internet, including mobile 
                        devices other than smartphones and tablets;
                    (E) encouraging such individuals to--
                            (i) regularly review mobile application 
                        permissions;
                            (ii) decline privilege requests from mobile 
                        applications that are unnecessary;
                            (iii) download applications only from 
                        trusted vendors or sources; and
                            (iv) consider a product's life cycle and 
                        the developer or manufacturer's commitment to 
                        providing security updates during a connected 
                        device's expected period of use; and
                    (F) identifying the potential cybersecurity risks 
                of using publicly available Wi-Fi networks and the 
                methods a user may utilize to limit such risks; and
            (2) encourage individuals in the United States to use 
        resources to help mitigate the cybersecurity risks identified 
        in this subsection.

SEC. 405. UNDERSTANDING CYBERSECURITY OF MOBILE NETWORKS.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Under Secretary, in consultation with the 
Department of Homeland Security, shall submit to the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate a report 
examining the cybersecurity of mobile service networks and the 
vulnerability of such networks and mobile devices to cyberattacks and 
surveillance conducted by adversaries.
    (b) Matters To Be Included.--The report required by subsection (a) 
shall include the following:
            (1) An assessment of the degree to which providers of 
        mobile service have addressed, are addressing, or have not 
        addressed cybersecurity vulnerabilities (including 
        vulnerabilities the exploitation of which could lead to 
        surveillance conducted by adversaries) identified by academic 
        and independent researchers, multistakeholder standards and 
        technical organizations, industry experts, and Federal 
        agencies, including in relevant reports of--
                    (A) the NTIA;
                    (B) the National Institute of Standards and 
                Technology; and
                    (C) the Department of Homeland Security, 
                including--
                            (i) the Cybersecurity and Infrastructure 
                        Security Agency; and
                            (ii) the Science and Technology 
                        Directorate.
            (2) A discussion of--
                    (A) the degree to which customers (including 
                consumers, companies, and government agencies) consider 
                cybersecurity as a factor when considering the purchase 
                of mobile service and mobile devices; and
                    (B) the commercial availability of tools, 
                frameworks, best practices, and other resources for 
                enabling such customers to evaluate cybersecurity risk 
                and price tradeoffs.
            (3) A discussion of the degree to which providers of mobile 
        service have implemented cybersecurity best practices and risk 
        assessment frameworks.
            (4) An estimate and discussion of the prevalence and 
        efficacy of encryption and authentication algorithms and 
        techniques used in each of the following:
                    (A) Mobile service.
                    (B) Mobile communications equipment or services.
                    (C) Commonly used mobile phones and other mobile 
                devices.
                    (D) Commonly used mobile operating systems and 
                communications software and applications.
            (5) A discussion of the barriers for providers of mobile 
        service to adopt more efficacious encryption and authentication 
        algorithms and techniques and to prohibit the use of older 
        encryption and authentication algorithms and techniques with 
        established vulnerabilities in mobile service, mobile 
        communications equipment or services, and mobile phones and 
        other mobile devices.
            (6) An estimate and discussion of the prevalence, usage, 
        and availability of technologies that authenticate legitimate 
        mobile service and mobile communications equipment or services 
        to which mobile phones and other mobile devices are connected.
            (7) An estimate and discussion of the prevalence, costs, 
        commercial availability, and usage by adversaries in the United 
        States of cell site simulators (often known as international 
        mobile subscriber identity catchers) and other mobile service 
        surveillance and interception technologies.
    (c) Consultation.--In preparing the report required by subsection 
(a), the Under Secretary shall, to the degree practicable, consult 
with--
            (1) the Commission;
            (2) the National Institute of Standards and Technology;
            (3) the intelligence community;
            (4) the Cybersecurity and Infrastructure Security Agency of 
        the Department of Homeland Security;
            (5) the Science and Technology Directorate of the 
        Department of Homeland Security;
            (6) academic and independent researchers with expertise in 
        privacy, encryption, cybersecurity, and network threats;
            (7) participants in multistakeholder standards and 
        technical organizations (including the 3rd Generation 
        Partnership Project and the Internet Engineering Task Force);
            (8) international stakeholders, in coordination with the 
        Department of State as appropriate;
            (9) providers of mobile service, including small providers 
        (or the representatives of such providers) and rural providers 
        (or the representatives of such providers);
            (10) manufacturers, operators, and providers of mobile 
        communications equipment or services and mobile phones and 
        other mobile devices;
            (11) developers of mobile operating systems and 
        communications software and applications; and
            (12) other experts that the Under Secretary considers 
        appropriate.
    (d) Scope of Report.--The Under Secretary shall--
            (1) limit the report required by subsection (a) to mobile 
        service networks;
            (2) exclude consideration of 5G protocols and networks in 
        the report required by subsection (a);
            (3) limit the assessment required by subsection (b)(1) to 
        vulnerabilities that have been shown to be--
                    (A) exploited in non-laboratory settings; or
                    (B) feasibly and practicably exploitable in real-
                world conditions; and
            (4) consider in the report required by subsection (a) 
        vulnerabilities that have been effectively mitigated by 
        manufacturers of mobile phones and other mobile devices.
    (e) Form of Report.--
            (1) Classified information.--The report required by 
        subsection (a) shall be produced in unclassified form but may 
        contain a classified annex.
            (2) Potentially exploitable unclassified information.--The 
        Under Secretary shall redact potentially exploitable 
        unclassified information from the report required by subsection 
        (a) but shall provide an unredacted form of the report to the 
        committees described in such subsection.
    (f) Definitions.--In this section:
            (1) Adversary.--The term ``adversary'' includes--
                    (A) any unauthorized hacker or other intruder into 
                a mobile service network; and
                    (B) any foreign government or foreign nongovernment 
                person engaged in a long-term pattern or serious 
                instances of conduct significantly adverse to the 
                national security of the United States or security and 
                safety of United States persons.
            (2) Entity.--The term ``entity'' means a partnership, 
        association, trust, joint venture, corporation, group, 
        subgroup, or other organization.
            (3) Intelligence community.--The term ``intelligence 
        community'' has the meaning given that term in section 3 of the 
        National Security Act of 1947 (50 U.S.C. 3003).
            (4) Mobile communications equipment or service.--The term 
        ``mobile communications equipment or service'' means any 
        equipment or service that is essential to the provision of 
        mobile service.
            (5) Mobile service.--The term ``mobile service'' means, to 
        the extent provided to United States customers, either or both 
        of the following services:
                    (A) Commercial mobile service (as defined in 
                section 332(d) of the Communications Act of 1934 (47 
                U.S.C. 332(d))).
                    (B) Commercial mobile data service (as defined in 
                section 6001 of the Middle Class Tax Relief and Job 
                Creation Act of 2012 (47 U.S.C. 1401)).
            (6) Person.--The term ``person'' means an individual or 
        entity.
            (7) United states person.--The term ``United States 
        person'' means--
                    (A) an individual who is a United States citizen or 
                an alien lawfully admitted for permanent residence to 
                the United States;
                    (B) an entity organized under the laws of the 
                United States or any jurisdiction within the United 
                States, including a foreign branch of such an entity; 
                or
                    (C) any person in the United States.

SEC. 406. OPEN RAN OUTREACH.

    (a) In General.--The Under Secretary shall conduct outreach and 
provide technical assistance to small communications network 
providers--
            (1) to raise awareness regarding the uses, benefits, and 
        challenges of Open RAN networks and other open network 
        architectures; and
            (2) regarding participation in the grant program 
        established under section 9202(a)(1) of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021 (47 U.S.C. 906(a)(1)).
    (b) Definitions.--In this section:
            (1) Under secretary.--The term ``Under Secretary'' means 
        the Under Secretary, acting through the head of the Office of 
        Internet Connectivity and Growth.
            (2) Open network architecture.--The term ``open network 
        architecture'' means Open RAN networks and other network 
        elements that follow a set of published open standards for 
        multi-vendor network equipment interoperability, including open 
        core and open transport.
            (3) Open ran network.--The term ``Open RAN network'' means 
        a wireless network that follows the Open Radio Access Network 
        approach to standardization adopted by the O-RAN Alliance, 
        Telecom Infra Project, or Third Generation Partnership Project 
        (3GPP), or any similar set of published open standards for 
        multi-vendor network equipment interoperability.

            TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS

SEC. 501. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 110B. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY 
              COMMUNICATIONS.

    ``(a) Establishment.--There is established within the NTIA an 
Office of Public Safety Communications (in this section referred to as 
the `Office').
    ``(b) Head of Office.--
            ``(1) In general.--The head of the Office shall be an 
        Associate Administrator for Public Safety Communications (in 
        this section referred to as the `Associate Administrator').
            ``(2) Career position.--The position of Associate 
        Administrator shall be a career position in the Senior 
        Executive Service occupied by a career appointee (as that term 
        is defined in section 3132(a)(4) of title 5, United States 
        Code).
            ``(3) Requirement to report.--The Associate Administrator 
        shall report to the Under Secretary (or a designee of the Under 
        Secretary).
    ``(c) Duties.--The Associate Administrator shall, at the direction 
of the Under Secretary--
            ``(1) administer any grant program of the Federal 
        Government related to Next Generation 9-1-1 on behalf of the 
        Under Secretary;
            ``(2) analyze public safety policy communications issues, 
        including by obtaining such analysis;
            ``(3) provide to the Under Secretary advice and assistance 
        with respect to the Under Secretary--
                    ``(A) carrying out the responsibilities of the NTIA 
                related to public safety communications policy; and
                    ``(B) evaluating the domestic impact of public 
                safety communications matters pending before the 
                Commission, Congress, or other entities of the 
                executive branch of the Federal Government;
            ``(4) carry out any duties established under section 10 of 
        Department Organizational Order 25-7 of the Department of 
        Commerce titled `National Telecommunications and Information 
        Administration', effective September 17, 2012;
            ``(5) be responsible for the oversight of the studies 
        carried out by the Federal Government relating to enhancing 
        public safety communications;
            ``(6) coordinate with the head of the Institute of 
        Telecommunication Sciences with respect to the initiative 
        established under section 108(b);
            ``(7) communicate public safety communications policies to 
        public entities, including the Commission and Congress, or 
        private entities; and
            ``(8) carry out any duties regarding the responsibilities 
        of the NTIA with respect to public safety communications policy 
        as the Under Secretary may designate.
    ``(d) Coordination.--The Associate Administrator shall, as the 
Under Secretary determines applicable, coordinate with Federal, State, 
local, and tribal government entities that are engaged in public safety 
communications in carrying out the duties of the Office.''.

               TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS

SEC. 601. OFFICE OF INTERNATIONAL AFFAIRS.

    Part A of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by 
the preceding provisions of this Act, is further amended by adding at 
the end the following:

``SEC. 110C. OFFICE OF INTERNATIONAL AFFAIRS.

    ``(a) Establishment.--There is established within the NTIA an 
Office of International Affairs (in this section referred to as the 
`Office').
    ``(b) Head of Office.--
            ``(1) In general.--The head of the Office shall be an 
        Associate Administrator for International Affairs (in this 
        section referred to as the `Associate Administrator').
            ``(2) Career position.--The position of Associate 
        Administrator shall be a career position in the Senior 
        Executive Service occupied by a career appointee (as that term 
        is defined in section 3132(a)(4) of title 5, United States 
        Code).
            ``(3) Requirement to report.--The Associate Administrator 
        shall report to the Under Secretary (or a designee of the Under 
        Secretary).
    ``(c) Duties.--The Associate Administrator shall, at the direction 
of the Under Secretary--
            ``(1) conduct analysis of, review, and formulate 
        international telecommunications and information policy;
            ``(2) present on international telecommunications and 
        information policy before the Commission, Congress, 
        international telecommunications bodies, including the 
        International Telecommunication Union, and others;
            ``(3) conduct or obtain analysis on economic and other 
        aspects of international telecommunications and information 
        policy;
            ``(4) formulate, and recommend to the Under Secretary, 
        polices and plans with respect to preparation for and 
        participation in international telecommunications and 
        information policy activities;
            ``(5) coordinate NTIA and interdepartmental economic, 
        technical, operational, and other preparations related to 
        participation by the United States in international 
        telecommunications and information policy conferences and 
        negotiations;
            ``(6) ensure NTIA representation with respect to 
        international telecommunications and information policy 
        meetings and the activities related to preparation for such 
        meetings;
            ``(7) coordinate with Federal agencies and private 
        organizations engaged in activities involving international 
        telecommunications and information policy matters and maintain 
        cognizance of the activities of United States signatories with 
        respect to related treaties, agreements, and other instruments;
            ``(8) provide advice and assistance related to 
        international telecommunications and information policy to 
        other Federal agencies charged with responsibility for 
        international negotiations, to strengthen the position and 
        serve the best interests of the United States in the conduct of 
        negotiations with foreign nations;
            ``(9) provide advice and assistance to the Under Secretary 
        with respect to evaluating the international impact of matters 
        pending before the Commission, other Federal agencies, and 
        Congress;
            ``(10) carry out, at the request of the Secretary, the 
        responsibilities of the Secretary under the Communications 
        Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal 
        laws related to international telecommunications and 
        information policy; and
            ``(11) carry out any other duties of the NTIA with respect 
        to international telecommunications and information policy that 
        the Under Secretary may designate.''.

SEC. 602. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW 
              PROCESS.

    (a) In General.--Part A of the National Telecommunications and 
Information Administration Organization Act (47 U.S.C. 901 et seq.), as 
amended by the preceding provisions of this Act, is further amended by 
adding at the end the following:

``SEC. 110D. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW 
              PROCESS.

    ``(a) Establishment and Transition.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of the enactment of this section, the Under Secretary, in 
        coordination with the head of each appropriate Federal entity, 
        shall develop and issue procedures for, and establish, an 
        interagency review process (which shall include each 
        appropriate Federal entity) that considers the law enforcement 
        and national security policy implications of the approval of a 
        covered application that may arise from the foreign ownership 
        interests held in the covered applicant that submitted the 
        covered application.
            ``(2) Transition.--Upon establishment of the review process 
        under paragraph (1), the Committee for the Assessment of 
        Foreign Participation in the United States Telecommunications 
        Services Sector, established by Executive Order 13913 (85 Fed. 
        Reg. 19643), shall terminate.
    ``(b) Applicability.--Any covered application pending before the 
Commission that was submitted by a covered applicant that meets or 
exceeds the threshold foreign ownership limit is subject to review 
under the review process established pursuant to subsection (a).
    ``(c) Process and Procedural Requirements.--
            ``(1) Referral for review.--
                    ``(A) Requirement for fcc to refer complete 
                application.--The Commission shall refer any covered 
                application subject to the review process established 
                pursuant to subsection (a) to the Under Secretary 
                promptly after the Commission determines that the 
                covered application, under the rules and regulations of 
                the Commission, is complete.
                    ``(B) Referral of other requests.--The Commission 
                may refer for review under the review process 
                established pursuant to subsection (a) any other 
                request for action by the Commission for which the 
                Commission determines review is necessary under such 
                process.
            ``(2) Interagency review deadline; determination.--
                    ``(A) In general.--Not later than 120 days after 
                the date on which the Under Secretary receives a 
                referral from the Commission pursuant to paragraph 
                (1)--
                            ``(i) the review of the covered application 
                        or other request under the review process 
                        established pursuant to subsection (a) shall be 
                        completed; and
                            ``(ii) the Under Secretary, in coordination 
                        with the head of each appropriate Federal 
                        entity, shall make a determination--
                                    ``(I) to recommend to the 
                                Commission that the Commission grant, 
                                grant conditioned on mitigation, or 
                                deny the covered application or other 
                                request; or
                                    ``(II) that the Under Secretary 
                                cannot make a recommendation with 
                                respect to the covered application or 
                                other request.
                    ``(B) Presidential determination.--If the Under 
                Secretary determines under subparagraph (A)(ii)(II) 
                that the Under Secretary cannot make a recommendation 
                with respect to the covered application or other 
                request, the President, not later than 15 days after 
                the Under Secretary makes such determination, shall 
                make a determination to recommend to the Commission 
                that the Commission grant, grant conditioned on 
                mitigation, or deny the covered application or other 
                request.
                    ``(C) Extension.--The Under Secretary, in 
                coordination with the head of each appropriate Federal 
                entity, may extend the deadline described in 
                subparagraph (A) an additional 45 days.
                    ``(D) Notification of extension.--If the Under 
                Secretary, in coordination with the head of each 
                appropriate Federal entity, extends a deadline pursuant 
                to subparagraph (C), the Under Secretary shall provide 
                notice of the extension to the covered applicant or 
                other requesting party, the Commission, Congress, and 
                any executive agency the Under Secretary determines 
                appropriate.
            ``(3) Notification of determination.--Not later than 7 days 
        (excepting Saturdays, Sundays, and legal holidays) after the 
        Under Secretary or the President (as the case may be) makes a 
        determination under paragraph (2) to recommend that the 
        Commission grant, grant conditioned on mitigation, or deny the 
        application or other request, the Under Secretary shall notify, 
        in writing, the Commission and the covered applicant or other 
        requesting party of the determination.
            ``(4) Disclosure of status of review.--Not later than 5 
        days (excepting Saturdays, Sundays, and legal holidays) after 
        receiving an inquiry from a covered applicant or other 
        requesting party, the Commission, Congress, or an appropriate 
        executive agency (as determined by the Under Secretary) for an 
        update with respect to the status of the review of a relevant 
        covered application or other request that was referred by the 
        Commission for review under the review process established 
        pursuant to subsection (a), the Under Secretary, in 
        coordination with the head of each appropriate Federal entity, 
        shall provide, consistent with the protection of classified 
        information and intelligence sources and methods, a complete 
        and accurate written response to such inquiry.
            ``(5) Standardization of information required.--With 
        respect to the review process established pursuant to 
        subsection (a), the Under Secretary, in coordination with the 
        Commission and the head of each appropriate Federal entity, 
        shall establish a list of questions requesting written 
        information from a covered applicant or other requesting party 
        that shall be made publicly available and posted on the 
        internet website of the NTIA. Such questions shall, to the 
        maximum extent possible, be standardized for any potential 
        covered applicant or other requesting party.
            ``(6) Deadline for provision of information requested.--Not 
        later than 10 days (excepting Saturdays, Sundays, and legal 
        holidays) after the date on which the Under Secretary, in 
        coordination with the head of each appropriate Federal entity, 
        requests information from a covered applicant or other 
        requesting party, the covered applicant or other requesting 
        party shall submit, in writing, to the NTIA complete and 
        accurate responses.
    ``(d) Confidentiality of Information.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        information or documentary material provided to the Under 
        Secretary under the review process established pursuant to 
        subsection (a) shall be exempt from disclosure under section 
        552 of title 5, United States Code, and no such information or 
        documentary material may be made public.
            ``(2) Exceptions.--Paragraph (1) does not prohibit 
        disclosure of the following:
                    ``(A) Information disclosed for purposes of an 
                administrative or judicial action or proceeding, 
                subject to appropriate confidentiality and 
                classification requirements.
                    ``(B) Information disclosed to Congress or a duly 
                authorized committee or subcommittee of Congress, 
                subject to appropriate confidentiality and 
                classification requirements.
                    ``(C) Information disclosed to a domestic 
                governmental entity, or to a foreign governmental 
                entity of a United States ally or partner, under the 
                exclusive direction and authorization of the Under 
                Secretary, only to the extent necessary for national 
                security purposes and subject to appropriate 
                confidentiality and classification requirements, 
                including that confidential information disclosed shall 
                remain confidential.
                    ``(D) Information disclosed to a third party by 
                mutual agreement of each relevant covered applicant and 
                the Under Secretary, in consultation with appropriate 
                Federal entities.
    ``(e) Rule of Construction.--Except as provided in subsection (d), 
nothing in this section may be construed as limiting, superseding, or 
preventing the invocation of any privileges or defenses that are 
otherwise available at law or in equity to protect against the 
disclosure of information.
    ``(f) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means the Committee on 
        Energy and Commerce of the House of Representatives and the 
        Committee on Commerce, Science, and Transportation of the 
        Senate.
            ``(2) Appropriate federal entities.--The term `appropriate 
        Federal entities' means the following:
                    ``(A) The Department of Commerce.
                    ``(B) The Department of Defense.
                    ``(C) The Department of Homeland Security.
                    ``(D) The Department of Justice.
                    ``(E) The Department of the Treasury.
                    ``(F) The Department of State.
                    ``(G) The United States Trade Representative.
                    ``(H) The Executive Office of the President.
                    ``(I) The Office of the Director of National 
                Intelligence.
            ``(3) Classified information.--The term `classified 
        information' means any information or material that has been 
        determined by the Federal Government pursuant to an Executive 
        order, statute, or regulation, to require protection against 
        unauthorized disclosure for reasons of national security.
            ``(4) Covered applicant.--The term `covered applicant' 
        means an entity seeking approval of a covered application from 
        the Commission.
            ``(5) Covered application.--
                    ``(A) In general.--The term `covered application' 
                means--
                            ``(i) an application under section 214(a) 
                        of the Communications Act of 1934 (47 U.S.C. 
                        214(a)) for authorization to undertake the 
                        construction of a new line or of an extension 
                        of any line, or to acquire or operate any line, 
                        or extension thereof, or to engage in 
                        transmission over or by means of such 
                        additional or extended line;
                            ``(ii) an application under the Act titled 
                        `An Act relating to the landing and operation 
                        of submarine cables in the United States,' 
                        approved May 27, 1921 (47 U.S.C. 34 et seq.; 42 
                        Stat. 8) for--
                                    ``(I) a submarine cable landing 
                                license; or
                                    ``(II) an assignment, modification, 
                                or transfer of control of a submarine 
                                cable landing license; or
                            ``(iii) an application for a new license, 
                        or for the transfer, assignment, or disposal of 
                        an existing license under section 310(d) of the 
                        Communications Act of 1934 (47 U.S.C. 310(d)), 
                        that is--
                                    ``(I) subject to approval by the 
                                Commission under section 310(b)(4) of 
                                such Act (47 U.S.C. 310(b)(4)); or
                                    ``(II) eligible, under the rules of 
                                the Commission, for forbearance under 
                                section 10 of such Act (47 U.S.C. 160) 
                                from the application of paragraph (3) 
                                of section 310(b) of such Act (47 
                                U.S.C. 310(b)).
                    ``(B) Limitation.--The term `covered application' 
                does not include the following:
                            ``(i) An application described in 
                        subparagraph (A) with respect to which the 
                        applicant seeks to transfer, assign, or 
                        otherwise dispose of an authorization or 
                        license to an entity that--
                                    ``(I) is owned or controlled by 
                                such applicant;
                                    ``(II) owns or controls such 
                                applicant; or
                                    ``(III) is under common ownership 
                                or control with such applicant.
                            ``(ii) An application described in 
                        subparagraph (A) with respect to which the 
                        applicant--
                                    ``(I) is an applicant that has been 
                                previously approved under the review 
                                process established pursuant to 
                                subsection (a); and
                                    ``(II) at the time of such 
                                application does not have a level of 
                                foreign ownership that is more than 10 
                                percent greater than the level of 
                                foreign ownership of such applicant--
                                            ``(aa) except as provided 
                                        in item (bb), at any time such 
                                        applicant was previously 
                                        approved under the review 
                                        process established pursuant to 
                                        subsection (a); or
                                            ``(bb) if such applicant 
                                        has been subjected to the 
                                        review process established 
                                        pursuant to subsection (a) as a 
                                        result of exceeding a level of 
                                        foreign ownership pursuant to 
                                        this clause, at the time such 
                                        applicant was most recently 
                                        approved under such review 
                                        process after having been 
                                        subjected to such review 
                                        process as a result of 
                                        exceeding a level of foreign 
                                        ownership pursuant to this 
                                        clause.
                            ``(iii) An application described in 
                        subparagraph (A)(i) that is domestic.
                            ``(iv) An application described in 
                        subparagraph (A) with respect to which the 
                        foreign ownership interests of the applicant 
                        are held by wholly owned intermediate holding 
                        companies that are controlled by--
                                    ``(I) a citizen of the United 
                                States; or
                                    ``(II) an entity organized under 
                                the laws of the United States.
            ``(6) Threshold foreign ownership limit.--The term 
        `threshold foreign ownership limit' means foreign ownership of, 
        as applicable--
                    ``(A) at least the amount determined by the 
                Commission under section 214(a) of the Communications 
                Act of 1934 (47 U.S.C. 214(a)), in the case of an 
                application described in paragraph (5)(A)(i) of this 
                subsection;
                    ``(B) any amount, in the case of an application 
                described in paragraph (5)(A)(ii) of this subsection;
                    ``(C) at least an amount sufficient for paragraph 
                (3) or (4) of section 310(b) of such Act (47 U.S.C. 
                310(b)) to apply, in the case of an application 
                described in paragraph (5)(A)(iii) of this subsection; 
                or
                    ``(D) any amount, in the case of any application 
                described in paragraph (5)(A) of this subsection if the 
                foreign ownership is held by a foreign adversary (as 
                specified in section 7.4 of title 15, Code of Federal 
                Regulations (or a successor regulation)).''.
    (b) Applicability.--This section, and the amendment made by this 
section, shall apply to any covered application (as such term is 
defined in section 110D of the National Telecommunications and 
Information Administration Organization Act, as added by subsection 
(a)) filed on or after the date on which the review process is 
established pursuant to such section 110D.
                                                 Union Calendar No. 199

118th CONGRESS

  1st Session

                               H. R. 4510

                          [Report No. 118-249]

_______________________________________________________________________

                                 A BILL

    To reauthorize the National Telecommunications and Information 
Administration, to update the mission and functions of the agency, and 
                          for other purposes.

_______________________________________________________________________

                            October 25, 2023

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed