Union Calendar No. 199
118th CONGRESS 1st Session |
[Report No. 118–249]
To reauthorize the National Telecommunications and Information Administration, to update the mission and functions of the agency, and for other purposes.
July 10, 2023
Mr. Latta (for himself and Ms. Matsui) introduced the following bill; which was referred to the Committee on Energy and Commerce
October 25, 2023
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on July 10, 2023]
To reauthorize the National Telecommunications and Information Administration, to update the mission and functions of the agency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
(a) Short title.—This Act may be cited as the “National Telecommunications and Information Administration Reauthorization Act of 2023” or the “NTIA Reauthorization Act of 2023”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 101. Reauthorization of the National Telecommunications and Information Administration Organization Act.
Sec. 102. NTIA Consolidated Reporting Act.
Sec. 201. Office of Spectrum Management.
Sec. 202. Improving spectrum management.
Sec. 203. Spectrum management improvements.
Sec. 204. Institute for Telecommunication Sciences.
Sec. 205. Commerce Spectrum Management Advisory Committee.
Sec. 206. Incumbent informing capability.
Sec. 207. Voluntary criteria, standards, ratings, and other measures for certain radio receivers.
Sec. 301. National Strategy to Close Digital Divide.
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.
Sec. 501. Establishment of the Office of Public Safety Communications.
Sec. 601. Office of International Affairs.
Sec. 602. Establishment of interagency national security review process.
In this Act:
(a) Authorization of appropriations.—Section 151 of the National Telecommunications and Information Administration Organization Act is amended by striking “$17,600,000 for fiscal year 1992 and $17,900,000 for fiscal year 1993” and inserting “$62,000,000 for fiscal year 2024 and $62,000,000 for fiscal year 2025”.
(b) Under secretary of commerce for communications and information.—
(1) UNDER SECRETARY; DEPUTY UNDER SECRETARY.—
(A) UNDER SECRETARY.—The National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq) is amended by striking “Assistant Secretary” each place it appears and inserting “Under Secretary”.
(B) DEPUTY UNDER SECRETARY.—Section 103(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)), as amended by this section, is amended by adding at the end the following:
(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—
(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—
(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)—
(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”;
(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.”.
(d) Acceptance of gifts and bequests for the under secretary.—The Under Secretary is hereby authorized to accept, hold, administer, and utilize gifts and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the NTIA. Gifts and bequests of money and the proceeds from sales of other property received as gifts or bequests shall be deposited in the Treasury in a separate fund and shall be disbursed upon order of the Under Secretary. Property accepted pursuant to this provision, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gift or bequest.
(e) Technical and conforming amendments.—
(1) PUBLIC TELECOMMUNICATIONS FINANCING ACT OF 1978.—Section 106(c) of the Public Telecommunications Financing Act of 1978 (5 U.S.C. 5316 note; Public Law 95–567) is amended by striking “The position of Deputy Assistant Secretary of Commerce for Communications and Information, established in Department of Commerce Organization Order Numbered 10–10 (effective March 26, 1978),” and inserting “The position of Deputy Under Secretary of Commerce for Communications and Information, established under section 103(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(a)),”.
(2) COMMUNICATIONS ACT OF 1934.—Section 344(d)(2) of the Communications Act of 1934 (47 U.S.C. 344(d)(2)) is amended by striking “Assistant Secretary” and inserting “Under Secretary”.
(3) HOMELAND SECURITY ACT OF 2002.—Section 1805(d)(2) of the Homeland Security Act of 2002 (6 U.S.C. 575(d)(2)) is amended by striking “Assistant Secretary for Communications and Information of the Department of Commerce” and inserting “Under Secretary of Commerce for Communications and Information”.
(4) AGRICULTURE IMPROVEMENT ACT OF 2018.—Section 6212 of the Agriculture Improvement Act of 2018 (7 U.S.C. 950bb–6) is amended—
(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—
(9) WARNING, ALERT, AND RESPONSE NETWORK ACT.—Section 606 of the Warning, Alert, and Response Network Act (47 U.S.C. 1205) is amended—
(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)—
(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—
(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”;
(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”;
(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—
(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—
(4) REPORT TO PRESIDENT.—Section 105(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 904(a)) is amended—
(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)).
(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—
(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
(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.
(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”.
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’).
“(c) Duties.—The Associate Administrator shall, at the direction of the Under Secretary—
“(1) carry out responsibilities under section 103(b)(2)(A) (relating to frequency assignments for radio stations belonging to and operated by the United States), make frequency allocations for frequencies that will be used by such stations, and develop and maintain techniques, databases, measurements, files, and procedures necessary for such allocations;
“(2) carry out responsibilities under section 103(b)(2)(K) (relating to establishing policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States) and provide Federal agencies with guidance to ensure that the conduct of telecommunications activities by such agencies is consistent with such policies;
“(3) represent the interests of Federal agencies in the process through which the Commission and the NTIA jointly determine the National Table of Frequency Allocations, and coordinate with the Commission in the development of a comprehensive long-range plan for improved management of all electromagnetic spectrum resources;
“(4) appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the PPSG (as defined in section 107(d));
“(5) carry out responsibilities under section 103(b)(2)(B) (relating to authorizing a foreign government to construct and operate a radio station at the seat of Government of the United States) and assign frequencies for use by such stations;
“(6) provide advice and assistance to the Under Secretary and coordinate with the Associate Administrator for International Affairs in carrying out spectrum management aspects of the international policy responsibilities of the NTIA, including spectrum-related responsibilities under section 103(b)(2)(G);
“(7) advise and assist the Under Secretary on spectrum-related technical and policy issues regarding—
“(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);
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;
“(C) when the Under Secretary provided notice to the Federal entities described in subparagraph (B) 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;
“(3) RULE OF CONSTRUCTION.—Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that is exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’).
“(4) FCC CONSIDERATION.—The Commission may not consider any technical, procedural, or policy concerns of a Federal entity regarding a spectrum action unless such concerns are filed by the Under Secretary on behalf of the Federal entity in the public record with respect to the proceeding of the Commission relating to the spectrum action.
“(b) Federal spectrum coordination responsibilities.—
“(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this section, the Under Secretary shall establish a charter for the PPSG.
“(2) PPSG REPRESENTATIVE.—
“(A) IN GENERAL.—The head of each Federal entity that is reflected in the membership of the PPSG, as identified in the charter established under paragraph (1), shall appoint a senior-level employee (or an individual occupying a Senior Executive Service position, as defined in section 3132(a) of title 5, United States Code) who is eligible to receive a security clearance that allows for access to sensitive compartmented information to serve as the representative of the Federal entity to the PPSG.
“(3) DUTIES.—An individual appointed under paragraph (2) shall—
“(4) PUBLIC CONTACT.—
“(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.—
“(d) Definitions.—In this section:
“(1) MEMORANDUM.—The term ‘Memorandum’ means the Memorandum of Understanding between the Commission and the NTIA (relating to increased coordination between Federal spectrum management agencies to promote the efficient use of the radio spectrum in the public interest), signed on August 1, 2022, or any successor memorandum.
“(2) PPSG.—The term ‘PPSG’ means the interagency advisory body that, as of the date of the enactment of this section, is known as the Policy and Plans Steering Group.
“(3) SPECTRUM ACTION.—The term ‘spectrum action’ means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or non-Federal use that could potentially cause interference to the spectrum operations of a Federal entity.”.
(a) Prototyping.—Consistent with subparagraphs (F), (L), (P), and (U) of section 103(b)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(2)), the Under Secretary, in coordination with the Commission, shall develop, establish, prototype, and support the implementation of common models, common methodologies, and common inputs to inform electromagnetic spectrum management decisions with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities, such as—
(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;
(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;
(b) Spectrum management and advanced communications technologies.—Section 104 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 903) is amended by adding at the end the following:
“(f) Identification and implementation of spectrum management technologies.—The Under Secretary shall identify and implement technologies that promote, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities—
“(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—
Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“SEC. 108. Institute for Telecommunication Sciences.
“(a) Establishment.—
“(1) IN GENERAL.—Under the authority provided to the Under Secretary under section 103, the Under Secretary shall operate a test center to be known as the Institute for Telecommunication Sciences (in this section referred to as ‘ITS’).
“(2) FUNCTIONS.—
“(A) IN GENERAL.—In addition to any functions delegated by the Under Secretary under subparagraph (B), ITS shall serve as the primary laboratory for the executive branch of the Federal Government to—
“(i) study radio frequency emissions, including technologies and techniques to control such emissions and interference caused by such emissions;
“(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;
“(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—
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;
“(4) promoting innovation and rapid advances in technology that support the more efficient use of spectrum;
“(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;
“(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—
“(2) APPOINTMENTS.—
“(3) CHAIR.—
“(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.
Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following:
“SEC. 120. Incumbent informing capability.
“(a) In general.—The Under Secretary shall—
“(b) Establishment of the incumbent informing capability.—
“(1) IN GENERAL.—The incumbent informing capability required by subsection (a) shall include a system to enable sharing, including time-based sharing, to securely manage harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum.
“(2) REQUIREMENTS FOR SYSTEM.—The system required by paragraph (1) shall contain, at a minimum, the following:
“(A) One or more mechanisms to allow non-Federal use in covered spectrum, as authorized by the rules of the Commission. Such mechanism or mechanisms shall include interfaces to commercial sharing systems, as appropriate.
“(3) COMPLIANCE WITH COMMISSION RULES.—The incumbent informing capability required by subsection (a) shall ensure that use of covered spectrum is in accordance with the applicable rules of the Commission.
“(4) INPUT OF INFORMATION.—Each incumbent Federal entity sharing a band of covered spectrum shall—
“(5) PROTECTION OF CLASSIFIED INFORMATION AND CONTROLLED UNCLASSIFIED INFORMATION.—The system required by paragraph (1) shall contain appropriate measures to protect classified information and controlled unclassified information, including any such classified information or controlled unclassified information that relates to military operations.
“(c) Briefing.—Not later than 1 year after the date on which amounts appropriated to carry out this section are first made available, the Under Secretary shall provide a briefing on the implementation of this section to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
“(d) Definitions.—In this section:
“(1) COVERED SPECTRUM.—The term ‘covered spectrum’ means—
“(A) electromagnetic spectrum for which usage rights are assigned to or authorized for (including before the date on which the incumbent informing capability required by subsection (a) is implemented) a non-Federal user or class of non-Federal users for use on a shared basis with an incumbent Federal entity in accordance with the rules of the Commission; and
(a) Establishment of working group.—
(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall convene a working group to assist the Under Secretary in developing, and periodically updating, voluntary criteria, standards, ratings, and other measures with respect to radio receivers operating in Federal systems in spectrum bands allocated for exclusive Federal use.
(2) PURPOSE.—The purpose of the voluntary criteria, standards, ratings, and other measures developed, and periodically updated, by the Under Secretary under this section, with the assistance of the working group, shall be to provide guidance on the design, manufacture, and sale of radio receivers designed (in whole or in part) to operate in Federal systems in spectrum bands allocated for exclusive Federal use—
(A) with respect to the incorporation of appropriate measures to mitigate, or enhance resiliency to, potential harmful interference; and
(B) with the goal of ensuring that the reasonable current and future use of cochannel and non-cochannel spectrum, including use by non-Federal systems of spectrum designated by the Commission for commercial operations, will not result in the operation of such receivers being seriously degraded or obstructed, including such operation being repeatedly interrupted.
(3) CHAIR; MEMBERS; PARTICIPATION BY FEDERAL ENTITIES.—
(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—
(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)).
(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;
(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
(2) REQUIRED CONTENTS.—The Strategy shall—
(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—
(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) 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;
(b) Implementation Plan.—
(1) IN GENERAL.—Not later than 240 days after the date on which the Under Secretary submits the Strategy to the appropriate committees of Congress under subsection (a)(1), the Under Secretary, in consultation with the heads of the covered agencies, shall develop and submit to the appropriate committees of Congress an implementation plan for the Strategy.
(2) REQUIRED CONTENTS.—The Implementation Plan shall, at a minimum—
(A) provide a plan for implementing the roles, responsibilities, goals, objectives, and performance measures for the management of Federal broadband programs and interagency coordination efforts identified in the Strategy;
(B) provide a plan for coordinating with covered agencies on the roles, responsibilities, goals, objectives, and performance measures identified in the Strategy;
(C) describe the roles and responsibilities of the covered agencies, and the interagency mechanisms, to coordinate the implementation of the Strategy;
(D) provide a plan for regular meetings among the heads of the covered agencies to coordinate the implementation of the Strategy and improve coordination among Federal broadband programs and for permitting processes for infrastructure with respect to broadband internet access service;
(E) provide a plan for regular engagement with interested members of the public to evaluate Federal broadband programs, permitting processes for infrastructure with respect to broadband internet access service, and progress in implementing the Strategy;
(F) with respect to the awarding of Federal funds or subsidies to support the deployment of broadband internet access service, provide a plan for the adoption of—
(i) common data sets to use when making awards, including a requirement that covered agencies use the maps created under title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and
(ii) applications regarding those awards, as described in section 903(e) of the ACCESS BROADBAND Act (47 U.S.C. 1307(e));
(G) provide a plan to monitor and reduce waste, fraud, and abuse in Federal broadband programs, including wasteful spending resulting from fragmented, overlapping, and unnecessarily duplicative programs;
(H) require consistent obligation and expenditure reporting by covered agencies for Federal broadband programs, which shall be consistent with section 903(c)(2) of the ACCESS BROADBAND Act (47 U.S.C. 1307(c)(2));
(I) provide a plan to—
(i) increase awareness of, and participation and enrollment in, Federal broadband programs relating to the affordability and adoption of broadband internet access service;
(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—
(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—
(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:
(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).
(a) In general.—Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:
“SEC. 110. Office of Policy Development and Cybersecurity.
“(a) Establishment.—There is established within the NTIA an Office of Policy Development and Cybersecurity (in this section referred to as the ‘Office’).
“(b) Head of Office.—
“(1) IN GENERAL.—The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the ‘Associate Administrator’).
“(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;
(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
(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;
(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—
(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—
(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.
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.
“(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.
“(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.
“(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.
“(e) Termination.—Notwithstanding section 1013 of title 5, United States Code, the Board shall terminate on the date that is 4 years after the date of the enactment of this section.
“(f) Definitions.—In this section:
“(1) BORDER GATEWAY PROTOCOL.—The term ‘Border Gateway Protocol’ means the routing protocol used to exchange network reachability information among independently managed networks on the internet.
“(2) INFORMATION AND COMMUNICATIONS NETWORK.—The term ‘information and communications network’ means a network that provides advanced telecommunications capability (as defined in section 706(d) of the Telecommunications Act of 1996 (47 U.S.C. 1302(d))).”.
(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—
(B) instructing such individuals about the benefits of changing default passwords on hardware and software technology;
(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—
(2) A discussion of—
(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:
(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.
(c) Consultation.—In preparing the report required by subsection (a), the Under Secretary shall, to the degree practicable, consult with—
(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);
(9) providers of mobile service, including small providers (or the representatives of such providers) and rural providers (or the representatives of such providers);
(d) Scope of report.—The Under Secretary shall—
(e) Form of report.—
(f) Definitions.—In this section:
(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)).
(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;
(a) In general.—The Under Secretary shall conduct outreach and provide technical assistance to small communications network providers—
(1) to raise awareness regarding the uses, benefits, and challenges of Open RAN networks and other open network architectures; and
(2) regarding participation in the grant program established under section 9202(a)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (47 U.S.C. 906(a)(1)).
(b) Definitions.—In this section:
(1) UNDER SECRETARY.—The term “Under Secretary” means the Under Secretary, acting through the head of the Office of Internet Connectivity and Growth.
(2) OPEN NETWORK ARCHITECTURE.—The term “open network architecture” means Open RAN networks and other network elements that follow a set of published open standards for multi-vendor network equipment interoperability, including open core and open transport.
(3) OPEN RAN NETWORK.—The term “Open RAN network” means a wireless network that follows the Open Radio Access Network approach to standardization adopted by the O–RAN Alliance, Telecom Infra Project, or Third Generation Partnership Project (3GPP), or any similar set of published open standards for multi-vendor network equipment interoperability.
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’).
“(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;
“(3) provide to the Under Secretary advice and assistance with respect to the Under Secretary—
“(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);
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’).
“(c) Duties.—The Associate Administrator shall, at the direction of the Under Secretary—
“(1) conduct analysis of, review, and formulate international telecommunications and information policy;
“(2) present on international telecommunications and information policy before the Commission, Congress, international telecommunications bodies, including the International Telecommunication Union, and others;
“(3) conduct or obtain analysis on economic and other aspects of international telecommunications and information policy;
“(4) formulate, and recommend to the Under Secretary, polices and plans with respect to preparation for and participation in international telecommunications and information policy activities;
“(5) coordinate NTIA and interdepartmental economic, technical, operational, and other preparations related to participation by the United States in international telecommunications and information policy conferences and negotiations;
“(6) ensure NTIA representation with respect to international telecommunications and information policy meetings and the activities related to preparation for such meetings;
“(7) coordinate with Federal agencies and private organizations engaged in activities involving international telecommunications and information policy matters and maintain cognizance of the activities of United States signatories with respect to related treaties, agreements, and other instruments;
“(8) provide advice and assistance related to international telecommunications and information policy to other Federal agencies charged with responsibility for international negotiations, to strengthen the position and serve the best interests of the United States in the conduct of negotiations with foreign nations;
“(9) provide advice and assistance to the Under Secretary with respect to evaluating the international impact of matters pending before the Commission, other Federal agencies, and Congress;
“(10) carry out, at the request of the Secretary, the responsibilities of the Secretary under the Communications Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal laws related to international telecommunications and information policy; and
(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.
“(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.
“(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
“(B) PRESIDENTIAL DETERMINATION.—If the Under Secretary determines under subparagraph (A)(ii)(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President, not later than 15 days after the Under Secretary makes such determination, shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request.
“(C) EXTENSION.—The Under Secretary, in coordination with the head of each appropriate Federal entity, may extend the deadline described in subparagraph (A) an additional 45 days.
“(D) NOTIFICATION OF EXTENSION.—If the Under Secretary, in coordination with the head of each appropriate Federal entity, extends a deadline pursuant to subparagraph (C), the Under Secretary shall provide notice of the extension to the covered applicant or other requesting party, the Commission, Congress, and any executive agency the Under Secretary determines appropriate.
“(3) NOTIFICATION OF DETERMINATION.—Not later than 7 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination.
“(4) DISCLOSURE OF STATUS OF REVIEW.—Not later than 5 days (excepting Saturdays, Sundays, and legal holidays) after receiving an inquiry from a covered applicant or other requesting party, the Commission, Congress, or an appropriate executive agency (as determined by the Under Secretary) for an update with respect to the status of the review of a relevant covered application or other request that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to such inquiry.
“(5) STANDARDIZATION OF INFORMATION REQUIRED.—With respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the Commission and the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party.
“(6) DEADLINE FOR PROVISION OF INFORMATION REQUESTED.—Not later than 10 days (excepting Saturdays, Sundays, and legal holidays) after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses.
“(d) Confidentiality of information.—
“(1) IN GENERAL.—Except as provided in paragraph (2), any information or documentary material provided to the Under Secretary under the review process established pursuant to subsection (a) shall be exempt from disclosure under section 552 of title 5, United States Code, and no such information or documentary material may be made public.
“(2) EXCEPTIONS.—Paragraph (1) does not prohibit disclosure of the following:
“(A) Information disclosed for purposes of an administrative or judicial action or proceeding, subject to appropriate confidentiality and classification requirements.
“(B) Information disclosed to Congress or a duly authorized committee or subcommittee of Congress, subject to appropriate confidentiality and classification requirements.
“(C) Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements, including that confidential information disclosed shall remain confidential.
“(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.
“(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—
“(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—
“(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.
“(6) THRESHOLD FOREIGN OWNERSHIP LIMIT.—The term ‘threshold foreign ownership limit’ means foreign ownership of, as applicable—
“(A) at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)), in the case of an application described in paragraph (5)(A)(i) of this subsection;
“(B) any amount, in the case of an application described in paragraph (5)(A)(ii) of this subsection;
“(C) at least an amount sufficient for paragraph (3) or (4) of section 310(b) of such Act (47 U.S.C. 310(b)) to apply, in the case of an application described in paragraph (5)(A)(iii) of this subsection; or
(b) Applicability.—This section, and the amendment made by this section, shall apply to any covered application (as such term is defined in section 110D of the National Telecommunications and Information Administration Organization Act, as added by subsection (a)) filed on or after the date on which the review process is established pursuant to such section 110D.
Union Calendar No. 199 | |||||
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[Report No. 118–249] | |||||
A BILL | |||||
To reauthorize the National Telecommunications and Information Administration, to update the mission and functions of the agency, and for other purposes. | |||||
October 25, 2023 | |||||
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed |