[House Report 118-40]
[From the U.S. Government Publishing Office]


118th Congress  }                                               {  Report
                        HOUSE OF REPRESENTATIVES
 1st Session    }                                               {  118-40

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



 
       INSTITUTE FOR TELECOMMUNICATION SCIENCES CODIFICATION ACT

                                _______
                                

 April 24, 2023.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

Mrs. Rodgers of Washington, from the Committee on Energy and Commerce, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 1343]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 1343) 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 
without amendment and recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Committee Action.................................................     2
Committee Votes..................................................     3
Oversight Findings and Recommendations...........................     5
New Budget Authority, Entitlement Authority, and Tax Expenditures     5
Congressional Budget Office Estimate.............................     5
Federal Mandates Statement.......................................     6
Statement of General Performance Goals and Objectives............     6
Duplication of Federal Programs..................................     6
Related Committee and Subcommittee Hearings......................     6
Committee Cost Estimate..........................................     7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits.......     7
Advisory Committee Statement.....................................     7
Applicability to Legislative Branch..............................     7
Section-by-Section Analysis of the Legislation...................     7
Changes in Existing Law Made by the Bill, as Reported............     8

                          Purpose and Summary

    H.R. 1343, 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.

                  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 as well as 
represent the federal government on spectrum policy matters 
before the Federal Communications Commission (FCC). For over 40 
years, ITS has served as the premier engineering test center 
for the NTIA. ITS manages the telecommunications technology 
development programs of NTIA and the Department of Commerce as 
well as oversees certain telecommunications and spectrum test 
activities of other federal agencies through various 
interagency agreements. In certain instances, ITS will also 
engage directly with industry and academia through cooperative 
agreements. Codifying ITS will provide the test center with a 
solid foundation to continue its critical mission in conducting 
telecommunications technology and radiofrequency 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.

                            Committee Action

    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 
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.
    On March 8, 2023, the Subcommittee on Communications and 
Technology met in open markup session and forwarded H.R. 1343, 
without amendment, to the full Committee by a record vote of 27 
yeas and 0 nays. On March 23, 2023, the full Committee on 
Energy and Commerce met in open markup session and ordered H.R. 
1343, without amendment, favorably reported to the House by a 
record vote of 49 yeas and 0 nays.

                            Committee Votes

    Clause 3(b) of rule XIII requires the Committee to list the 
record votes on the motion to report legislation and amendments 
thereto. The following reflects the record votes taken during 
the Committee consideration:


                 Oversight Findings and Recommendations

    Pursuant to clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII, the Committee held hearings and made findings that 
are reflected in this report.

             New Budget Authority, Entitlement Authority, 
                          and Tax Expenditures

    Pursuant to clause 3(c)(2) of rule XIII, the Committee 
finds that H.R. 1343 would result in no new or increased budget 
authority, entitlement authority, or tax expenditures or 
revenues.

                  Congressional Budget Office Estimate

    Pursuant to clause 3(c)(3) of rule XIII, Pursuant to clause 
3(c)(3) of rule XIII, the following is the cost estimate 
provided by the Congressional Budget Office pursuant to section 
402 of the Congressional Budget Act of 1974.




    H.R. 1343 would authorize and specify responsibilities for 
the Institute for Telecommunication Sciences (ITS), which is a 
research and engineering laboratory at the National 
Telecommunications and Information Administration (NTIA). In 
2023, the NTIA allocated $14 million for the ITS.
    H.R. 1343 would require the ITS to develop emergency 
communication and tracking technologies to locate trapped 
individuals in confined spaces, such as underground mines. 
Using information from the NTIA, CBO estimates that this would 
require four additional engineers and technicians, at an annual 
cost of about $160,000 each; simulation software licenses, 
travel costs, and other miscellaneous expenses, at an annual 
cost of about $100,000; and one-time equipment purchases for 
items such as a signal generator, a vector signal analyzer 
receiver, and a power amplifier for about $500,000 in 2023. In 
total, CBO estimates that implementing the bill would cost $4 
million over the 2023-2028 period; spending would be subject to 
the availability of appropriated funds.
    The bill also would require the ITS to study radio 
frequency emissions, determine spectrum propagation 
characteristics, and test technologies that enhance spectrum 
sharing between federal and nonfederal entities, among other 
activities. Because the ITS works on those activities under 
current law, CBO estimates that implementing those requirements 
would have no additional costs.
    The CBO staff contact for this estimate is David Hughes. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.

                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

                       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.

         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 codify 
the Institute for Telecommunication Sciences within the 
National and Telecommunications and Information Administration 
Organization Act.

                    Duplication of Federal Programs

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 1343 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.

              Related Committee and Subcommittee Hearings

    Pursuant to clause 3(c)(6) of rule XIII, the following 
related hearings were held:
    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 
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.

                        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.

       Earmark, 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. 1343 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                      Advisory Committee Statement

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

                  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.

             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 as provided under certain statutory authorities.
    This section also requires the Assistant Secretary to 
establish an initiative to support 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.

         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




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  TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

PART A--ORGANIZATION AND FUNCTIONS

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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.--In carrying out the 
        functions described in paragraph (2), the Assistant 
        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) As authorized in 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 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).

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