[House Report 119-175]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 119-175
======================================================================
NTIA POLICY AND CYBERSECURITY COORDINATION ACT
_______
June 30, 2025.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Guthrie, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 1766]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 1766) to amend the National Telecommunications
and Information Administration Organization Act to establish
the Office of Policy Development and Cybersecurity, 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.............................................. 1
Background and Need for Legislation.............................. 2
Committee Action................................................. 2
Committee Votes.................................................. 2
Oversight Findings and Recommendations........................... 2
New Budget Authority, Entitlement Authority, and Tax Expenditures 3
Congressional Budget Office Estimate............................. 3
Federal Mandates Statement....................................... 7
Statement of General Performance Goals and Objectives............ 7
Duplication of Federal Programs.................................. 7
Related Committee and Subcommittee Hearings...................... 7
Committee Cost Estimate.......................................... 7
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 7
Advisory Committee Statement..................................... 7
Applicability to Legislative Branch.............................. 8
Section-by-Section Analysis of the Legislation................... 8
Changes in Existing Law Made by the Bill, as Reported............ 8
Purpose and Summary
H.R. 1766, the ``NTIA Policy and Cybersecurity Coordination
Act,'' was introduced by Representative Jay Obernolte (R-CA) on
March 3, 2025. The bill establishes within the National
Telecommunications and Information Administration (NTIA), the
Office of Policy Development and Cybersecurity.
Background and Need for Legislation
NTIA is required by statute to coordinate the
telecommunications activities of the executive branch and
assist in the formulation of policies for those activities,
including security.\1\ Additionally, NTIA has the
responsibility to ensure that the views of the executive branch
on telecommunications matters are effectively presented to the
Federal Communications Commission (FCC).\2\ Given the recent
cyberattacks on telecommunications networks, H.R. 1766 augments
NTIA's role in conducting important policy coordination
functions with respect to cybersecurity and provides additional
clarity in carrying out existing and future activities
consistent with NTIA's authority.
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\1\47 U.S.C. 902(b)(2)(H).
\2\47 U.S.C. 902(b)(2)(J).
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Committee Action
The Committee on Energy and Commerce held a hearing in the
development of the legislation during the 119th Congress. On
January 23, 2025, the Subcommittee on Communications and
Technology held a hearing. The title of the hearing was
``Strengthening American Leadership in Wireless Technology.''
The Subcommittee received testimony from the following
witnesses:
Michael K. Powell, President & CEO, NCTA--
The Internet & Television Association;
Brad Gillen, Executive Vice President,
CTIA--The Wireless Association;
Diane Rinaldo, Executive Director, Open RAN
Policy Coalition; and
Chris Lewis, President & CEO, Public
Knowledge.
On March 4, 2025, the full Committee on Energy and Commerce
met in open markup session and ordered H.R. 1766, without
amendment, favorably reported to the House by voice vote.
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. There were no record votes taken in connection with
ordering H.R. 1766 reported.
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. 1766 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, the following is
the cost estimate provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
Summary of legislation: On March 4, 2025, the House
Committee on Energy and Commerce ordered 10 bills to be
reported. This document provides estimates for 8 of those
bills. One of the bills, H.R. 1721, was passed by the House of
Representatives on April 28, 2025.
The legislation would:
Codify some authorities and responsibilities
at offices within the National Telecommunications and
Information Administration (NTIA) and would require
certain activities, including standardizing wireless
communications networks;
Require the Department of Commerce to report
on the effect of imports on U.S. infrastructure,
barriers to foreign trade faced by U.S. technology
businesses, and the feasibility of a trans-Atlantic
cable linked to specific countries; and
Require the Consumer Product Safety
Commission (CPSC) to establish a safety standard for
retractable awnings, initiate a pilot program for using
artificial intelligence, and report the findings to the
Congress.
Estimated Federal cost: The costs of the legislation fall
within budget functions 270 (energy) and 370 (commerce and
housing credit).
Basis of estimate: For this estimate, CBO assumes that each
piece of legislation will be enacted in fiscal year 2025 and
that the estimated amounts will be available each year. CBO
estimates that all eight pieces of legislation would affect
spending subject to appropriation.
This cost estimate does not include any effects of
interactions among the pieces of legislation. If all eight were
combined and enacted as a single piece of legislation, the
effects could be different from the sum of the separate
estimates, but CBO expects that any differences would be small.
H.R. 1455, the ITS Codification Act, would codify the
authority for and delineate the responsibilities of the
Institute for Telecommunication Sciences (ITS), a research and
engineering laboratory within the National Telecommunications
and Information Administration. The bill also would require ITS
to develop emergency communication and tracking technologies to
locate people trapped in confined spaces, such as underground
mines.
Using information from the NTIA about the cost of
implementing the bill, CBO estimates that ITS would need four
additional engineers and technicians, at an initial annual cost
of about $160,000 each, with that amount increasing each year
for anticipated inflation. Additionally, the institute would
need to acquire simulation software licenses, pay for travel,
and cover other miscellaneous expenses at an annual cost of
about $100,000. Finally, ITS would need to make onetime
equipment purchases of items such as a signal generator, a
vector signal analyzer receiver, and a power amplifier for
about $500,000 in 2026. On that basis, CBO estimates that
implementing the bill would cost $4 million over the 2025-2030
period; any related spending would be subject to the
availability of appropriated funds.
The bill also would require ITS to study radio frequency
emissions, determine spectrum propagation characteristics, and
test technologies that enhance spectrum sharing among federal
and nonfederal entities, among other activities. Because ITS
has similar responsibilities under current law, CBO estimates
that implementing those requirements would have no additional
cost.
H.R. 1679, the Global Investment in American Jobs Act of
2025, would require the Department of Commerce, the Government
Accountability Office (GAO), and a federal interagency working
group to study and report to the Congress on the ability of the
United States to attract foreign direct investment and about
barriers to foreign trade faced by advanced-technology firms in
the United States.
Using information from the Department of Commerce, CBO
expects that completing the study and report would require 10
economists and support staff, at an average cost of $190,000
each, for one year. On that basis, CBO estimates that
implementing H.R. 1679 would cost $2 million in 2026. Based on
the cost of similar activities, CBO estimates that the costs
for GAO and the working group would be insignificant. Any
related spending would be subject to the availability of
appropriated funds.
H.R. 1721, the Critical Infrastructure Manufacturing
Feasibility Act, would require the Department of Commerce to
identify, within each critical infrastructure sector, high-
demand products that are imported to the United States because
of manufacturing, material, or supply chain constraints. The
department would analyze the feasibility, costs, and benefits
of producing such products in the United States and report the
findings to the Congress.
Based on the cost of similar studies, CBO estimates that
implementing H.R. 1721 would cost $1 million for the work of
four employees in 2026, at a cost of about $220,000 each, along
with the purchase of data and survey contracts. Any related
spending would be subject to the availability of appropriated
funds.
H.R. 1737, a bill to direct the Secretary of Commerce to
submit to Congress a report containing an assessment of the
value, cost, and feasibility of a trans-Atlantic submarine
fiber optic cable connecting the contiguous United States, the
United States Virgin Islands, Ghana, and Nigeria, would require
the Secretary of Commerce, within one year of enactment, to
report to the Congress on the cost, benefits, and feasibility,
with respect to U.S. national security, of constructing such a
fiber-optic cable.
Based on the cost of similar activities, CBO estimates that
implementing the bill would cost $1 million over the 2025-2030
period; any related spending would be subject to the
availability of appropriated funds.
H.R. 1765, the Promoting United States Wireless Leadership
Act of 2025, would require the National Telecommunications and
Information Administration to encourage trusted companies and
standards-setting bodies to participate in setting standards
for 5G and future generations of wireless communications
networks. Under the bill, the NTIA would provide technical
assistance to those entities to facilitate participation.
Using information from the NTIA, CBO expects that the
agency would need eight employees, at an average annual salary
of about $160,000 each, to meet the bill's requirements. After
accounting for anticipated inflation, CBO estimates that
salaries and additional expenses would cost $9 million over the
2025-2030 period. CBO estimates that having the National
Institute of Standards and Technology facilitate industry
participation in the international standard-setting process for
5G networks would cost an insignificant amount. Any related
costs for both agencies would be subject to the availability of
appropriated funds.
H.R. 1766, the NTIA Policy and Cybersecurity Coordination
Act, would codify the duties currently undertaken by the Office
of Policy Analysis and Development within the National
Telecommunications and Information Administration and rename it
the Office of Policy Development and Cybersecurity. Using
information from the NTIA, CBO estimates that implementing H.R.
1766 would cost less than $500,000 over the 2025-2030 period;
any related costs would be subject to the availability of
appropriated funds.
H.R. 1767, the Awning Safety Act of 2025, would require the
Consumer Product Safety Commission to issue a final safety
standard on retractable awnings.
Using information from CPSC, CBO expects that the agency
would need five full-time- equivalent employees for the first
eighteen months after enactment, and two full-time employees
annually thereafter, at an average cost of $200,000 per full-
time employee to enforce the standard. After accounting for
anticipated inflation, CBO estimates that implementing the bill
would cost $3 million over the 2025-2030 period; any related
spending would be subject to the availability of appropriated
funds.
H.R. 1770, the Consumer Safety Technology Act, would
require the Consumer Product Safety Commission to establish a
pilot program to explore the use of artificial intelligence and
report its findings to the Congress. The bill also would direct
the Department of Commerce, in consultation with the Federal
Trade Commission (FTC), to study and report to the Congress on
how blockchain technology may be used for consumer protection
services.
Finally, the bill would require the FTC to report to the
Congress on its efforts and on recommendations to prevent
anticompetitive behavior involving tokens--transferable
representations of information recorded on a blockchain or
similar technology.
Using information from the agencies and the costs for
similar activities, CBO estimates that implementing H.R. 1770
would cost $2 million over the 2025-2030 period; any related
spending would be subject to the availability of appropriated
funds.
Pay-As-You-Go considerations: None of the legislation would
affect direct spending or revenues; therefore, pay-as-you-go
procedures do not apply.
Increase in long-term net direct spending and deficits:
None of the legislation would increase net direct spending or
deficits in any of the four consecutive 10-year periods
beginning in 2036.
Mandates: H.R. 1767 would impose a private-sector mandate
as defined in the Unfunded Mandates Reform Act (UMRA) by
requiring awning manufacturers to comply with a prospective
Consumer Product Safety Commission safety standard concerning
fixed and freestanding retractable awnings. CBO expects that
the standard may require awnings to be equipped with safety
clips and to issue visual or audible alerts when in motion.
Based on the cost of such additional equipment and the volume
of covered awnings likely to be sold, CBO estimates that the
cost of the mandate would not exceed the private-sector
threshold established in UMRA ($206 million in 2025, adjusted
annually for inflation).
H.R. 1767 contains no intergovernmental mandates as defined
in UMRA.
None of the other pieces of legislation would impose
private-sector or intergovernmental mandates as defined in
UMRA.
Estimate prepared by: Federal costs: Zunara Naeem (National
Telecommunications and Information Administration), Margot
Berman (Department of Commerce), Cyrus Ekland (Consumer Product
Safety Commission, Federal Trade Commission); Mandates: Rachel
Austin, Andrew Laughlin.
Estimate reviewed by: Justin Humphrey, Chief, Finance,
Housing, and Education Cost Estimates Unit; Sean Dunbar, Chief,
Low-Income Health Programs and Prescription Drugs Cost
Estimates Unit; Kathleen FitzGerald, Chief, Public and Private
Mandates Unit; H. Samuel Papenfuss, Deputy Director of Budget
Analysis.
Estimate approved by: 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
establish within the National Telecommunications and
Information Administration the Office of Policy Development and
Cybersecurity.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 1766 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:
On January 23, 2025, the Subcommittee on Communications and
Technology held a hearing. The title of the hearing was
``Strengthening American Leadership in Wireless Technology.''
The Subcommittee received testimony from the following
witnesses:
Michael K. Powell, President & CEO, NCTA--
The Internet & Television Association;
Brad Gillen, Executive Vice President,
CTIA--The Wireless Association;
Diane Rinaldo, Executive Director, Open RAN
Policy Coalition; and
Chris Lewis, President & CEO, Public
Knowledge.
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. 1766 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 ``NTIA Policy and Cybersecurity Coordination Act.''
Sec. 2. Policy Development and Cybersecurity
This section establishes the Office of Policy Development
and Cybersecurity within the National Telecommunications and
Information Administration. The Office is headed by an
Associate Administrator who reports to the Assistant Secretary
of Commerce for Communications and Information.
The Office will oversee and conduct national communications
and information policy analysis with respect to the use of the
Internet and other communications technologies. In particular,
the Office will develop, analyze, and advocate for market-based
policies that promote innovation and competition, among other
matters. The Office will also coordinate transparent,
consensus-based, multistakeholder processes to create guidance
or support the development and implementation of cybersecurity
and privacy policies with respect to the Internet and other
communications networks. Additionally, the Office will be
responsible for administering the program for preventing future
vulnerabilities established under section 8(a) of the Secure
and Trusted Communications Networks Act of 2019.
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. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.
(a) Establishment.--There shall be within the NTIA an office
to be known as the Office of Policy Development and
Cybersecurity (in this section referred to as the ``Office'').
(b) Associate Administrator.--The head of the Office shall be
an Associate Administrator for Policy Development and
Cybersecurity (in this section referred to as the ``Associate
Administrator''), who shall report to the Assistant Secretary.
(c) Duties.--
(1) In general.--The Associate Administrator shall
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--
(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
Assistant 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 Assistant
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) at the direction of the Assistant
Secretary, 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
Assistant 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 Assistant 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 Assistant
Secretary determines to be necessary;
and
(N) solicit and consider feedback from small
and rural communications service providers, as
appropriate.
* * * * * * *
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