[House Report 117-437]
[From the U.S. Government Publishing Office]


117th Congress    }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                     {      117-437

======================================================================



 
       INSTITUTE FOR TELECOMMUNICATION SCIENCES CODIFICATION ACT

                                _______
                                

 July 26, 2022.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 4990]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4990) to codify the Institute for 
Telecommunication Sciences and to direct the Assistant 
Secretary of Commerce for Communications and Information to 
establish an initiative to support the development of emergency 
communication and tracking technologies, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.

                                CONTENTS

                                                                     Page
  I. Purpose and Summary..............................................  3
 II. Background and Need for the Legislation..........................  3
III. Committee Hearings...............................................  4
 IV. Committee Consideration..........................................  4
  V. Committee Votes..................................................  5
 VI. Oversight Findings...............................................  8
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures  8
VIII.Federal Mandates Statement.......................................  8

 IX. Statement of General Performance Goals and Objectives............  8
  X. Duplication of Federal Programs..................................  8
 XI. Committee Cost Estimate..........................................  8
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......  8
XIII.Advisory Committee Statement.....................................  9
  
XIV. Applicability to Legislative Branch..............................  9
 XV. Section-by-Section Analysis of the Legislation...................  9
XVI. Changes in Existing Law Made by the Bill, as Reported............  9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Institute for Telecommunication 
Sciences Codification Act'' or the ``ITS Codification Act''.

SEC. 2. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

  (a) Findings.--Congress finds the following:
          (1) The test center within National Telecommunications and 
        Information Administration (in this subsection referred to as 
        the ``NTIA'') represents executive branch agencies on spectrum 
        issues before the Federal Communications Commission.
          (2) Understanding radio frequency propagation characteristics 
        and modeling is a critical component of making spectrum 
        decisions.
          (3) Federal agencies rely on expert engineering studies, 
        simulations, and analyses to make determinations about how to 
        make spectrum available for commercial use, including through 
        system relocations and identifying spectrum sharing 
        opportunities through the NTIA.
          (4) Clearing of Federal spectrum, when feasible, is the 
        priority action to take to make Federal spectrum available for 
        commercial uses as required by section 113(j)(1) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(j)(1)).
          (5) Sharing of Federal spectrum between Federal entities and 
        commercial entities provides access to Federal spectrum for 
        commercial uses in circumstances where clearing is not 
        feasible.
          (6) The test center within NTIA, is the Government's premier 
        expert laboratory for spectrum research activities, spectrum 
        sharing innovation and testing, spectrum interference studies, 
        and all activities related to advancing next generation 
        wireless technologies.
          (7) The test center within NTIA is critical for undertaking 
        engineering studies and analyses that inform clearing or 
        sharing opportunities and facilitate policy decisions to 
        maximize the efficient use of spectrum resources.
  (b) Operation of Test Center.--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. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

  ``(a) Establishment.--
          ``(1) In general.--Under the authority provided to the 
        Assistant Secretary under section 103, the Assistant 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 Assistant 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 Assistant 
                        Secretary.
                  ``(B) Additional functions.--The Assistant Secretary 
                may delegate to ITS any of the functions assigned to 
                the Assistant Secretary under section 103(b)(1).
          ``(3) Agreements and transactions.--The Assistant Secretary, 
        acting through the head of ITS, may enter into such agreements, 
        including contracts, cooperative agreements, and interagency 
        agreements, as may be necessary to carry out the functions 
        described in paragraph (2).
          ``(4) Funds from federal and non-federal entities.--In 
        addition to such other sums as may be made available to carry 
        out this section, the Assistant Secretary, acting through the 
        head of ITS may accept, hold, administer, and use funds from 
        any Federal entity or non-Federal entity, including a State 
        government, local government, or private sector entity, for ITS 
        to perform analysis or conduct a technical study on behalf of 
        such entity.
          ``(5) 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) of the 
        National Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(l))).
  ``(b) Emergency Communication and Tracking Technologies Initiative.--
          ``(1) Establishment.--The Assistant 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 
        Assistant 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 Assistant Secretary shall submit 
        to Congress, and make publicly available, a report on the 
        assessment performed under paragraph (2)(A).''.

                         I. Purpose and Summary

    H.R. 4990, the ``Institute for Telecommunication Sciences 
Codification Act'' or the ``ITS Codification Act,'' amends the 
National Telecommunications and Information Administration 
(NTIA) Organization Act by providing additional statutory 
authority for the Institute for Telecommunication Sciences 
(ITS). It also requires the Assistant Secretary of Commerce for 
Communications and Information (Assistant Secretary) to 
establish an initiative to support the development of emergency 
communication and tracking technologies.

                II. Background and Need for Legislation

    The National Telecommunications and Information 
Administration (NTIA), an agency within the Department of 
Commerce, has the authority to assign and oversee the spectrum 
usage rights of federal government agencies\1\ as well as 
represent the federal government on spectrum policy matters 
before the Federal Communications Commission (FCC).\2\ For over 
40 years, ITS has served as the premier research and 
engineering test center for the NTIA.\3\ ITS manages the 
telecommunications technology development programs of NTIA and 
the Department of Commerce and also oversees certain 
telecommunications and spectrum needs of other federal agencies 
through various interagency agreements.\4\ In certain 
instances, ITS will also engage directly with industry and 
academia through cooperative agreements.\5\ Codifying ITS will 
provide the test center with a solid foundation to continue its 
critical mission in conducting telecommunications technology 
and radiofrequency research programs, as well as allow it to 
continue to study and develop emergency communications 
technologies so that these tools can help locate individuals 
when radio communication may be severely limited in the event 
of building collapses and natural disasters.
---------------------------------------------------------------------------
    \1\47 U.S.C. Sec. 902.
    \2\Id.
    \3\Institute for Telecommunication Sciences, ITS: The Nation's 
Spectrum and Communications Lab (https://its.ntia.gov/about-its/its-
the-nation-s-spectrum-and-communications-lab/) (accessed July 14, 
2022).
    \4\Id.
    \5\Id.
---------------------------------------------------------------------------

                        III. Committee Hearings

    For the purposes of section 3(c) of rule XIII of the Rules 
of the House of Representatives, the following hearing was used 
to develop or consider H.R. 4990:
    The Subcommittee on Communications and Technology held a 
hearing on March 16, 2022. The hearing was entitled, ``5G and 
Beyond: Exploring the Next Wireless Frontier.'' The 
Subcommittee received testimony from the following witnesses:
           Scott Bergmann, Senior Vice President, 
        Regulatory Affairs, CTIA;
           Mary L. Brown, Senior Director, Government 
        Affairs, Cisco Systems, Inc.;
           Greg Guice, Director of Government Affairs, 
        Public Knowledge;
           Jayne Stancavage, Global Executive Director 
        for Product and Digital Infrastructure Policy, Intel 
        Corporation; and
           Von Todd, Chief Executive of Corporate 
        Strategy and Analytics, HTC Inc. and Director, 
        Competitive Carriers Association Board of Directors.
    The Subcommittee on Communications and Technology held a 
legislative hearing on May 24, 2022. The hearing was entitled, 
``Strengthening Our Communications Networks: Legislation to 
Connect and Protect.'' The Subcommittee received testimony from 
the following witnesses:
           Mark Gibson, Director, Business Development 
        & Spectrum Policy, CommScope and Regulatory Officer of 
        the OnGo Alliance;
           Anna M. Gomez, Partner, Wiley Rein LLP;
           Thomas E. Kadri, Ph.D., Assistant Professor, 
        University of Georgia School of Law; and
           Alisa Valentin, Ph.D., Senior Director of 
        Technology and Telecommunications, National Urban 
        League.

                      IV. Committee Consideration

    H.R. 4990, the ``Institute for Telecommunication Sciences 
Codification Act'' or the ``ITS Codification Act,'' was 
introduced on August 10, 2021, by Representative Earl L. 
``Buddy'' Carter (R-GA) and was referred to the Committee on 
Energy and Commerce. Subsequently, on August 11, 2021, the bill 
was referred to the Subcommittee on Communications and 
Technology. A legislative hearing was held on May 24, 2022.
    On June 15, 2022, the Subcommittee on Communications and 
Technology met in open markup session, pursuant to notice, to 
consider H.R. 4990 and five other bills. During consideration 
of the bill, an amendment in the nature of a substitute (AINS), 
offered by Representative O'Halleran (D-AZ), was agreed to by a 
voice vote. Upon conclusion of consideration of the bill, the 
Subcommittee on Communications and Technology agreed to report 
the bill favorably to the full Committee, amended, by a roll 
call vote of 27 yeas to 0 nays.
    On July 13, 2022, the full Committee met in open markup 
session, pursuant to notice, to consider H.R. 4990 and four 
other bills. No amendments were offered during consideration of 
the bill. Upon conclusion of consideration of the bill, the 
full Committee agreed to a motion on final passage offered by 
Representative Pallone, Chairman of the Committee, to order 
H.R. 4990 reported favorably to the House, amended, by a roll 
call vote of 51 yeas to 0 nays.

                           V. Committee Votes

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were two record votes taken on 
H.R. 4990, including a motion by Mr. Pallone ordering H.R. 4990 
favorably reported to the House, as amended by the Subcommittee 
on Communications and Technology. The motion on final passage 
of the bill was approved by a record vote of 51 yeas to 0 nays. 
The following are the record votes taken during Committee 
consideration, including the names of those members voting for 
and against:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                         VI. Oversight Findings

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

         VII. New Budget Authority, Entitlement Authority, and 
                            Tax Expenditures

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. Federal Mandates Statement

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. Statement of General Performance Goals and Objectives

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to require 
the Assistant Secretary for Communications and Information to 
establish an initiative at NTIA to develop emergency 
communication technologies for use in locating individuals 
trapped in areas where mobile connectivity may not be 
available.

                   X. Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 4990 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. Committee Cost Estimate

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

           XII. Earmarks, Limited Tax Benefits, and Limited 
                            Tariff Benefits

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 4990 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. Advisory Committee Statement

    No advisory committee within the meaning of section 5(b) of 
the Federal Advisory Committee Act was created by this 
legislation.

                XIV. Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. Section-by-Section Analysis of the Legislation


Section 1. Short title

    Section 1 designates that the short title may be cited as 
the ``Institute for Telecommunication Sciences Codification 
Act'' or the ``ITS Codification Act.''

Sec. 2. Institute for Telecommunication Sciences

    Section 2 amends the NTIA Organization Act by providing 
additional statutory authority for ITS. This section requires 
ITS to serve as the primary laboratory for the executive branch 
of the federal government to, among other things, study radio 
frequency emissions, determine spectrum propagation 
characteristics, conduct tests on technology that enhances the 
sharing of electromagnetic spectrum between federal and non-
federal users, and improve the interference tolerance of 
federal systems operating with, or using, federal spectrum. 
Section 2 also allows the head of ITS to enter into such 
agreements, including contracts, cooperative agreements, and 
interagency agreements as may be necessary to carry out these 
functions.
    This section also requires the Assistant Secretary to 
establish an initiative to support the development of emergency 
communication and tracking technologies for use in locating 
individuals trapped in areas where mobile connectivity may not 
be available due to building collapses and natural disasters 
and submit a report to Congress on this effort.

       XVI. Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
                                  ACT



           *       *       *       *       *       *       *
  TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

PART A--ORGANIZATION AND FUNCTIONS

           *       *       *       *       *       *       *


SEC. 106. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

  (a) Establishment.--
          (1) In general.--Under the authority provided to the 
        Assistant Secretary under section 103, the Assistant 
        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 Assistant 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 Assistant 
                        Secretary.
                  (B) Additional functions.--The Assistant 
                Secretary may delegate to ITS any of the 
                functions assigned to the Assistant Secretary 
                under section 103(b)(1).
          (3) Agreements and transactions.--The Assistant 
        Secretary, acting through the head of ITS, may enter 
        into such agreements, including contracts, cooperative 
        agreements, and interagency agreements, as may be 
        necessary to carry out the functions described in 
        paragraph (2).
          (4) Funds from federal and non-federal entities.--In 
        addition to such other sums as may be made available to 
        carry out this section, the Assistant Secretary, acting 
        through the head of ITS may accept, hold, administer, 
        and use funds from any Federal entity or non-Federal 
        entity, including a State government, local government, 
        or private sector entity, for ITS to perform analysis 
        or conduct a technical study on behalf of such entity.
          (5) 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) of the National 
        Telecommunications and Information Administration 
        Organization Act (47 U.S.C. 923(l))).
  (b) Emergency Communication and Tracking Technologies 
Initiative.--
          (1) Establishment.--The Assistant 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 Assistant 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 Assistant 
        Secretary shall submit to Congress, and make publicly 
        available, a report on the assessment performed under 
        paragraph (2)(A).

           *       *       *       *       *       *       *


                                  [all]