[Congressional Record Volume 170, Number 83 (Tuesday, May 14, 2024)]
[House]
[Pages H3014-H3027]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION
REAUTHORIZATION ACT OF 2024
Mr. LATTA. Madam Speaker, I move to suspend the rules and pass the
bill (H.R. 4510) to reauthorize the National Telecommunications and
Information Administration, to update the mission and functions of the
agency, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4510
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 2024'' or the ``NTIA Reauthorization
Act of 2024''.
(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. 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 ``$57,000,000 for fiscal year 2024 and $57,000,000
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
[[Page H3015]]
``(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) 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
[[Page H3016]]
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) 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 ISAC (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);
[[Page H3017]]
``(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.--
``(A) In general.--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, or in a classified non-public filing made in
accordance with subparagraph (B), with respect to the
proceeding of the Commission relating to the spectrum action.
``(B) Classified information.--Any classified information
that is filed by the Under Secretary on behalf of a Federal
entity with respect to the proceeding of the Commission
relating to a spectrum action shall be filed in accordance
with Commission procedures and using appropriate protective
measures to prevent unauthorized disclosure.
``(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 ISAC.
``(2) ISAC representative.--
``(A) In general.--The head of each Federal entity that is
reflected in the membership of the ISAC, 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 ISAC.
``(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 ISAC
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 ISAC, 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 ISAC 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) ISAC.--The term `ISAC' means the interagency advisory
body that, as of the date of the enactment of this section,
is known as the Interagency Spectrum Advisory Council.
``(2) 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.
``(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 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 and in consultation with
other relevant Federal agencies, shall develop, establish,
prototype, and support the implementation of common models,
common methodologies, and common inputs to inform, with
respect to frequencies assigned on a primary or co-primary
basis to 1 or more Federal entities, electromagnetic spectrum
management decisions relating to--
(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 Facilitation of Implementation of
Spectrum Management Technologies.--The Under Secretary shall
identify and facilitate implementation of 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
[[Page H3018]]
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) issues associated with spectrum sharing, 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 agency 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. 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 spectrum bands allocated for exclusive Federal
use.
[[Page H3019]]
(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
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
[[Page H3020]]
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.
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) 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.''.
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--
[[Page H3021]]
(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 Secretary of Defense, 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
[[Page H3022]]
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)).
[[Page H3023]]
(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
architecture and 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) 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) 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) in coordination with the Secretary of State, conduct
analysis of, review, and formulate international
telecommunications and information policy;
``(2) present on international telecommunications and
information policy--
``(A) before the Commission, Congress, and others; and
``(B) in coordination with the Secretary of State, before
international telecommunications bodies, including the
International Telecommunication Union;
``(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) in coordination with the Secretary of State,
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
[[Page H3024]]
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(b)(3)(B) 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
[[Page H3025]]
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.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Latta) and the gentlewoman from Massachusetts (Mrs. Trahan)
each will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. LATTA. Madam Speaker, I ask unanimous consent that all Members
may have 5 legislative days in which to revise and extend their remarks
and include extraneous material on the bill.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. LATTA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise in support of H.R. 4510, the National
Telecommunications and Information Administration Reauthorization Act
of 2023, which I am pleased to lead with the ranking member of the
Subcommittee on Communications and Technology, the gentlewoman from
California's Seventh District.
The NTIA is an agency within the Department of Commerce tasked with
advising the President on matters related to telecommunications policy.
It is responsible for a variety of activities, which include Federal
spectrum management, administration of broadband grants, internet
governance, representing the United States at international
telecommunication forums, and developing cybersecurity policy.
Congress has not reauthorized NTIA since 1992 before many of these
responsibilities existed or were relevant. This legislation ensures
NTIA has the right structure and resources to fulfill the 21st century
mission as directed by Congress.
Today's NTIA also plays a key role in our effort to maintain global
leadership in wireless communications. NTIA has important statutory
obligations to manage Federal spectrum, which is especially important
as Federal and non-Federal use of spectrum has intensified with the
explosion of mobile phones and new connected technologies.
The bill considered today reaffirms NTIA is responsible for
coordinating the views of the executive branch and presenting them to
the FCC, building more safeguards into the Federal coordination
procedures so other agencies' needs are appropriately accounted for as
the FCC makes decisions on commercial spectrum use.
Indeed, many Federal agencies use spectrum. It is important to have
an open and transparent spectrum management process so all agency views
are heard and accounted for as NTIA prepares and presents the views of
the executive branch on spectrum policy.
I look forward to working with all stakeholders as well as
reauthorizing spectrum auction authority and identifying future
opportunities for spectrum use.
Today's NTIA also plays a significant role in closing the digital
divide. Congress recently provided NTIA with $48.2 billion for
broadband deployment and digital equity and inclusion. This
reauthorization is one way to ensure NTIA has the tools it needs to
effectively manage these programs and is held accountable for the
decisions it makes.
Further, with over 130 Federal broadband programs spread across 15
agencies, this legislation would direct NTIA to develop a strategy to
improve coordination of these programs.
NTIA also addresses some of the Nation's spectrum changes, including
cybersecurity and public safety. The legislation codifies existing
offices related to both and outlines their duties. The bill also
provides clarity and transparency to the Team Telecom process for
national security reviews of foreign participation in the
telecommunication sector.
Finally, we need to make sure NTIA's leadership reflects the
important role it plays today, both domestically and internationally.
That is why this legislation elevates the NTIA Administrator from an
Assistant Secretary of Commerce to Under Secretary of Commerce. This
elevation will help NTIA best represent the United States as it
coordinates with other agencies and works with other countries.
NTIA's role has drastically changed since it was last reauthorized,
and I appreciate the work from the agency and my colleagues to update
its authorizing statute.
I thank the gentlewoman from California's Seventh District for her
work on this bipartisan legislation, and I urge my colleagues to
support H.R. 4510.
Madam Speaker, I reserve the balance of my time.
Mrs. TRAHAN. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise in strong support of H.R. 4510, the National
Telecommunications and Information Administration Reauthorization Act.
The National Telecommunications and Information Administration, or
NTIA, has done tremendous work to help connect all Americans to high-
speed, reliable, and affordable broadband. The historic $65 billion in
broadband investments we included in the bipartisan infrastructure law
last Congress are supercharging those efforts. I have confidence that
NTIA is doing all that it can with this funding to connect as many
Americans as possible to fast, reliable, and affordable internet.
Congress has also tasked NTIA with other meaningful responsibilities.
The agency manages Federal spectrum and its users and coordinates with
the Federal Communications Commission to ensure that our airwaves are
effectively managed in a safe and secure manner. It is also charged
with advising the President on advanced technologies.
A lot has changed since the NTIA was last reauthorized in 1992. We
should ensure that it continues to have the authorities it needs to
implement many of the Nation's broadband efforts and technological
advancements in such areas as spectrum management and artificial
intelligence.
H.R. 4510 helps achieve this goal. This bipartisan bill reauthorizes
NTIA and elevates its leadership by making its Administrator an Under
Secretary within the Department of Commerce. Taking these important
steps will better reflect NTIA's importance as the President's primary
adviser on telecommunications and technology policy.
This legislation also includes the text of several bipartisan bills
the Energy and Commerce Committee has worked on this Congress and last
Congress. It includes the PLAN for Broadband Act, co-led by
Representatives Kuster and Walberg, which directs the NTIA to develop a
national strategy to close the digital divide. As part of this
strategy, the agency must develop a plan to monitor the consistency,
affordability, and quality of broadband services supported by Federal
broadband programs.
It also includes Representative Allred's Open RAN Outreach Act and
two bills co-led by Representative Eshoo to address cybersecurity
issues.
This bill also includes important provisions to codify NTIA's current
work and responsibilities. It would firmly establish NTIA's role in
public safety communications. From managing Next Generation 911 grants
to overseeing FirstNet to its important first responder work at the
Institute for Telecommunication Sciences, NTIA plays an important role
in ensuring that the public and law enforcement agencies have a modern
and reliable communications network. I am pleased that this bill
cements NTIA's public safety possibilities.
I also want to note that this bill incorporates feedback to address
questions and concerns that we heard from
[[Page H3026]]
other committees, including the Armed Services Committee, the Science,
Space, and Technology Committee, and the Intelligence Committee. The
staffs have had productive discussions about these important issues.
Among other things, we have improved NTIA's ability to file classified
information with the FCC on behalf of other agencies.
We have also agreed to work further with our colleagues to better
develop methods for advancing NTIA's spectrum management capabilities.
I am pleased that we could find a path forward to vote on this bill
today, and I thank the chairs, ranking members, and staff of these
three committees for their cooperation.
I also thank Chair Rodgers, Communications and Technology
Subcommittee Ranking Member Matsui, and Chairman Latta for their
bipartisan work on this bill. With this legislation, we ensure that
NTIA has the authorities it needs to continue both connecting all
Americans to high-speed, reliable, and affordable broadband and
overseeing innovative technological developments.
Madam Speaker, I urge my colleagues to support H.R. 4510, and I
reserve the balance of my time.
Mr. LATTA. Madam Speaker, I yield 3 minutes to the gentleman from
Michigan (Mr. Walberg).
{time} 1415
Mr. WALBERG. Madam Speaker, I thank my friend and colleague from Ohio
for yielding.
Madam Speaker, I rise in support of H.R. 4510, the NTIA Authorization
Act.
The legislation includes my bipartisan, bicameral PLAN for Broadband
Act, which requires the NTIA, in consultation with all relevant
agencies, to develop and implement a national strategy to close the
digital divide.
I thank my cosponsor, Representative Kuster, for her efforts with
regard to this legislation.
A GAO report found that there are more than 130 Federal broadband
programs administered by at least 15 separate agencies, totaling
hundreds of billions of dollars that could be used to increase
connectivity across the country.
Without clear goals, objectives, and performance measures, these
programs are fragmented and can result in duplication and overbuilding
or not building at all.
In rural districts like mine where thousands of my constituents lack
access to a reliable connection, we must ensure Federal dollars are
spent effectively and efficiently.
The plan would synchronize interagency coordination among Federal
broadband programs, identify ways to lower costs, and ease
administrative burdens for States and localities to participate in
these programs, and make recommendations to better distribute and
administer the Federal taxpayer funds.
We can't be wasting time, money, and resources deploying to areas
that have already been covered at the expense of those who haven't or
are inadequate. A national broadband strategy is key to closing the
digital divide.
The broader package also includes much-needed language to reauthorize
the NTIA, enhance spectrum management processes, fortify network
security, and foster nationwide connectivity. I want to thank Chairman
Latta for his leadership on the larger bill, as well as my co-leads in
the House and Senate for their partnership and commitment to connecting
rural America.
I urge my colleagues to support this legislation.
Mrs. TRAHAN. Madam Speaker, this reauthorization of NTIA is
bipartisan legislation that ensures that NTIA will have the authority
it needs to continue both connecting Americans to high-speed, reliable,
and affordable broadband and overseeing innovative technological
developments.
Madam Speaker, I urge my colleagues to support H.R. 4510, and I yield
back the balance of my time.
Mr. LATTA. Madam Speaker, as I mentioned already, the NTIA has not
been reauthorized since 1992. Again, as stated before, many of the
responsibilities that it has didn't even exist or were irrelevant at
that time, such as Federal spectrum management, administration of
broadband grants, internet governance, representing the United States
in international telecommunication forums, and especially developing
cybersecurity policy.
It is absolutely essential that H.R. 4510 be enacted. Madam Speaker,
I urge passage of this legislation, and I yield back the balance of my
time.
Ms. LOFGREN. Mr. Speaker, I rise to express concerns with H.R. 4510,
the National Telecommunications and Information Reauthorization Act of
2024.
The National Telecommunications and Information Administration, or
NTIA, is a critical agency within the Department of Commerce that works
across the Federal government to develop telecommunications and
information policy. It also serves an important role as the voice of
the federal government in spectrum management issues and for regulatory
processes considered at the Federal Communications Commission. Congress
should support this agency and give it the resources and authorities it
needs to fulfill its mission. However, H.R. 4510 would upend the
interagency spectrum management process. Specifically, the Act would
restrict the input FCC can consider from Federal agencies, and it would
designate NTIA as the primary laboratory for spectrum studies for the
whole federal government rather than leveraging each agency's unique
expertise and technical contributions as occurs under the existing
interagency approach. Further, the bill would waste taxpayer dollars by
unnecessarily duplicating activities already authorized by Congress.
Unfortunately, there are two main areas in which this bill would
cause a significant disruption to the interagency process related to
spectrum management: First, rather than ensuring more informed spectrum
decision-making, the bill explicitly directs the FCC not to consider
any technical, procedural, or policy concerns of a federal entity
regarding a spectrum action unless such concerns are publicly filed by
the NTIA. I appreciate that the bill text considered by the House today
does reflect feedback from various Committees for the consideration of
classified information in the spectrum management process. However,
allowing for consideration of classified information is not enough to
overcome the significant limitations this bill would place on the
interagency spectrum management process. Currently, agencies routinely
participate in coordination and communication with one another through
the interagency process, which was recently bolstered through a new
Memorandum of Understanding. A significant amount of this communication
is informal. Some of this communication is reliant on information that
is proprietary, pre-decisional, controlled unclassified, or otherwise
sensitive. Restricting interagency feedback to only fully public or
fully classified information misses a litany of relevant data and would
hinder the federal government's ability to adequately protect spectrum
allocated for critical national security, safety, weather forecasting,
and scientific services. This would also create inefficiencies that
threaten federal agencies' abilities to carry out their own statutory
missions.
Second, H.R. 4510 would authorize the Institute of Telecommunications
Science (ITS) and place it over other federal science agencies. ITS is
a wonderful research laboratory that does important work, and Congress
should authorize it. However, the bill goes further, and designates ITS
to be the primary laboratory for the entire executive branch on
spectrum management and interference. This would elevate ITS, an
important tool for broad-application spectrum R&D, over the many
specialized spectrum labs and testbeds throughout the federal
scientific enterprise. Some federal mission agencies bring unique and
critical expertise. For example. NASA's understanding of spectrum
coordination and interference in space missions is unparalleled, and
NTIA relies on NASA for such studies. We should be seeking to leverage
Federal agency expertise wherever it exists, not undermining or
duplicating it.
The Science Committee has consistently voiced the need for a more
coordinated, whole-of-government approach to spectrum management
policy. We need robust, informed technical analyses to support
evidence-based policy decisions, especially in the face of ever-
increasing demands on radiofrequency spectrum. The FCC, NTIA, and
federal incumbent spectrum users have made meaningful progress in
recent years to update and strengthen the interagency process to manage
spectrum in a more effective and collaborative manner. By limiting the
information that the FCC may consider and elevating one NTIA
capability, the ITS, over the application-specific expertise in the
rest of the federal government. H.R. 4510 would run roughshod over the
interagency spectrum management process and undo such progress.
Unfortunately, my concerns about H.R. 4510 go beyond just the
spectrum provisions. The NTIA was originally part of its sister agency,
NIST. Since Congress established NTIA as its own agency in 1978, the
two agencies have carried out complementary but distinct areas of work.
NIST serves as an independent, unbiased arbiter of trusted measurements
and
[[Page H3027]]
standards and NTIA has regulatory responsibilities. While the two
agencies often work together, this bill would expand the NTIA's mission
and blur the lines between them, especially on issues related to
cybersecurity. For example, Congress authorized NIST, in collaboration
with CISA, to conduct a cybersecurity literacy program for the public
in the Cybersecurity Enhancements Act of 2014. H.R. 4510 would directly
duplicate, at NTIA, those ongoing efforts underway at NIST. The intent
of these provisions is unclear, and merits further vetting and input
from DOC. There are additional provisions in the bill that implicate
yet other agencies outside of the Department of Commerce. For example,
the bill would direct the NTIA to oversee public safety studies
authored by FEMA and duplicate DHS's information technology supply
chain security programs.
An earlier version of this bill mandated a fundamental change in how
we do spectrum management by requiring the adoption of incumbent
informing capability (IIC), a system that would allow for time-based
spectrum sharing between incumbent mission agencies and commercial
users. I appreciate the bill sponsors' decision to remove this
provision from the text we are voting on today. Such a requirement
would be premature. While advanced spectrum sharing capabilities would
hopefully one day be widely deployed to support flexible spectrum
usage, IIC is an untried, untested system that, if executed incorrectly
or inefficiently, could harm agencies' missions, including those
critical to safety and scientific advancement. The 2023 National
Spectrum Strategy rightly focuses on initial steps, best practices, and
information gathering that would be required to support a viable IIC.
It is my hope that these concerns can be addressed as the bill moves
through the legislative process.
The SPEAKER pro tempore (Mr. Walberg). The question is on the motion
offered by the gentleman from Ohio (Mr. Latta) that the House suspend
the rules and pass the bill, H.R. 4510, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LATTA. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________