National Telecommunications and Information Administration Reauthorization Act of 2023 or the NTIA Reauthorization Act of 2023
This bill reauthorizes the National Telecommunications and Information Administration (NTIA) through FY2025 and modifies its structure and functions.
Specifically, the bill promotes the head of the NTIA to an Under Secretary of the Department of Commerce. It also provides statutory authority for two NTIA offices focused on public safety communications and international telecommunications policy, respectively.
Further, the bill provides statutory authority for the NTIA Office of Spectrum Management and otherwise revises the management of spectrum resources (electromagnetic frequencies used to transmit signals and data, including wireless internet). For example, the bill (1) sets out procedures for disclosing federal concerns and related information regarding spectrum actions, and (2) requires the NTIA to develop technologies and carry out other activities to enhance efficiency in the use of spectrum resources and facilitate sharing of the resources.
In addition, the bill expands the role of the NTIA with respect to cybersecurity. This includes requiring the NTIA to
The NTIA also must (1) develop and implement a strategy to close the digital divide, and (2) establish an interagency process (that replaces the Committee for the Assessment of Foreign Participation in the U.S. Telecommunications Services Sector, formerly known as Team Telecom) to consider the law enforcement and national security implications of foreign ownership interests when licensing or authorizing telecommunications systems and infrastructure.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4510 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4510
To reauthorize the National Telecommunications and Information
Administration, to update the mission and functions of the agency, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 10, 2023
Mr. Latta (for himself and Ms. Matsui) introduced the following bill;
which was referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
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,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National
Telecommunications and Information Administration Reauthorization Act
of 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.
TITLE I--REAUTHORIZATION
Sec. 101. Reauthorization of the National Telecommunications and
Information Administration Organization
Act.
Sec. 102. NTIA Consolidated Reporting Act.
TITLE II--OFFICE OF SPECTRUM MANAGEMENT
Sec. 201. Office of Spectrum Management.
Sec. 202. Improving spectrum management.
Sec. 203. Spectrum management improvements.
Sec. 204. Institute for Telecommunication Sciences.
Sec. 205. Commerce Spectrum Management Advisory Committee.
Sec. 206. Incumbent informing capability.
Sec. 207. Working group on performance criteria for radio receivers.
TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
Sec. 301. National Strategy to Close Digital Divide.
TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY
Sec. 401. Office of Policy Development and Cybersecurity.
Sec. 402. Economic competitiveness of information and communication
technology supply chain.
Sec. 403. Digital Economy and Cybersecurity Board of Advisors.
Sec. 404. Cybersecurity literacy.
Sec. 405. Understanding cybersecurity of mobile networks.
Sec. 406. Open RAN outreach.
TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS
Sec. 501. Establishment of the Office of Public Safety Communications.
TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS
Sec. 601. Office of International Affairs.
Sec. 602. Establishment of interagency national security review
process.
SEC. 2. DEFINITIONS.
In this Act:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) NTIA.--The term ``NTIA'' means the National
Telecommunications and Information Administration.
(3) Under secretary.--The term ``Under Secretary'' means
the Under Secretary of Commerce for Communications and
Information.
TITLE I--REAUTHORIZATION
SEC. 101. REAUTHORIZATION OF THE NATIONAL TELECOMMUNICATIONS AND
INFORMATION ADMINISTRATION ORGANIZATION ACT.
(a) Authorization of Appropriations.--Section 151 of the National
Telecommunications and Information Administration Organization Act is
amended by striking ``$17,600,000 for fiscal year 1992 and $17,900,000
for fiscal year 1993'' and inserting ``$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:
``(3) Deputy under secretary.--The Deputy Under Secretary
of Commerce for Communications and Information shall--
``(A) be the principal policy advisor of the Under
Secretary;
``(B) perform such other functions as the Under
Secretary shall from time to time assign or delegate;
and
``(C) act as Under Secretary during the absence or
disability of the Under Secretary or in the event of a
vacancy in the office of the Under Secretary.''.
(2) Continuation of civil actions.--This subsection, and
the amendments made by this subsection, shall not abate any
civil action commenced by or against the Assistant Secretary of
Commerce for Communications and Information before the date of
the enactment of this Act, except that the Under Secretary
shall be substituted as a party to the action on and after such
date.
(3) Continuation in office.--The individual serving as the
Assistant Secretary of Commerce for Communications and
Information and the individual serving as the Deputy Assistant
Secretary of Commerce for Communications and Information on the
day before the date of the enactment of this Act may serve as
the Under Secretary and the Deputy Under Secretary of Commerce
for Communications and Information, respectively, on and after
that date without the need for renomination or reappointment.
(4) References.--Any reference in a law, regulation,
document, paper, or other record of the United States to the
Assistant Secretary of Commerce for Communications and
Information shall, on and after the date of the enactment of
this Act, be deemed to be a reference to the Under Secretary.
(5) Executive schedule.--
(A) In general.--Subchapter II of chapter 53 of
title 5, United States Code, is amended--
(i) in section 5314, by adding at the end
the following:
``Under Secretary of Commerce for Communications and
Information.''; and
(ii) in section 5315, in the item relating
to the Assistant Secretaries of Commerce, by
striking ``(11)'' and inserting ``(10)''.
(B) Effective date.--The amendment made by
subparagraph (A) (establishing the annual rate of the
basic pay of the Under Secretary) shall take effect on
the first day of the first pay period beginning after
the date of the enactment of this Act.
(c) Authorities and Responsibilities.--
(1) Coordination of executive branch views on matters
before the federal communications commission.--Section
105(a)(1) of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 904(a)(1)) is
amended--
(A) by striking ``to ensure that the conduct'' and
inserting the following: ``to ensure that--
``(A) the conduct'';
(B) in subparagraph (A), as so redesignated, by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(B) the views of the executive branch on matters
presented to the Commission are, consistent with
section 103(b)(2)(J)--
``(i) appropriately coordinated; and
``(ii) reflective of executive branch
policy.''.
(2) Modernization of agency mission.--
(A) Policy.--Section 102(c) of the National
Telecommunications and Information Administration
Organization Act (47 U.S.C. 901(c)) is amended by
adding at the end the following:
``(6) Fostering the digital economy of the United States in
order to ensure the competitiveness, future economic growth,
and security of the United States.
``(7) Working to ensure that global communications networks
remain open and innovative, including without inappropriate
barriers to entry or operation.
``(8) With respect to the United States, in coordination
with the Commission, achieving the universal availability of
and access to telecommunications service and information
service (as those terms are defined in section 3 of the
Communications Act of 1934) and any technology related to such
service.''.
(B) Assigned functions.--Section 103(b)(2) of the
National Telecommunications and Information
Administration Organization Act (47 U.S.C. 902(b)(2))
is amended--
(i) in the matter preceding subparagraph
(A), by inserting ``, some of which were''
before ``transferred to the Secretary'';
(ii) in subparagraph (H)--
(I) by inserting ``and
information'' after
``telecommunications''; and
(II) by striking ``and emergency
readiness'' and inserting ``emergency
readiness, the flow of information, and
with respect to the United States, in
coordination with the Commission, the
universal availability of and access to
telecommunications service and
information service (as those terms are
defined in section 3 of the
Communications Act of 1934) and any
technology related to such service'';
(iii) in subparagraph (M), by inserting ``,
publish reports,'' after ``studies''; and
(iv) by inserting at the end the following:
``(V) The authority to conduct studies, publish
reports, and make recommendations--
``(i) on any Federal, State, local, or
private policy or practice relating to
communications, information, or the digital
economy of the United States; and
``(ii) that consider interoperability,
privacy, security, spectrum use, emergency
readiness, the flow of information, and with
respect to the United States, in coordination
with the Commission, the universal availability
of and access to telecommunications service and
information service (as those terms are defined
in section 3 of the Communications Act of 1934)
and any technology related to such service.''.
(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--
(A) in subsection (d)(1), in the heading, by
striking ``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(5) Title 17, united states code.--Section 1201(a)(1)(C) of
title 17, United States Code, is amended by striking
``Assistant Secretary for Communications and Information of the
Department of Commerce'' and inserting ``Under Secretary of
Commerce for Communications and Information''.
(6) Unlocking consumer choice and wireless competition
act.--Section 2(b) of the Unlocking Consumer Choice and
Wireless Competition Act (17 U.S.C. 1201 note; Public Law 113-
144) is amended by striking ``Assistant Secretary for
Communications and Information of the Department of Commerce''
and inserting ``Under Secretary of Commerce for Communications
and Information''.
(7) Communications satellite act of 1962.--Section
625(a)(1) of the Communications Satellite Act of 1962 (47
U.S.C. 763d(a)(1)) is amended, in the matter preceding
subparagraph (A), by striking ``Assistant Secretary'' and
inserting ``Under Secretary of Commerce''.
(8) Spectrum pipeline act of 2015.--The Spectrum Pipeline
Act of 2015 (47 U.S.C. 921 note; title X of Public Law 114-74)
is amended--
(A) in section 1002(1), in the heading, by striking
``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(9) Warning, alert, and response network act.--Section 606
of the Warning, Alert, and Response Network Act (47 U.S.C.
1205) is amended--
(A) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''; and
(B) in subsection (b), in the first sentence, by
striking ``for7Communications'' and inserting ``for
Communications''.
(10) American recovery and reinvestment act of 2009.--
Section 6001 of the American Recovery and Reinvestment Act of
2009 (47 U.S.C. 1305) is amended--
(A) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''; and
(B) in subsection (d), in the heading, by striking
``Assistant Secretary'' and inserting ``Under
Secretary''.
(11) Middle class tax relief and job creation act of
2012.--Title VI of the Middle Class Tax Relief and Job Creation
Act of 2012 (47 U.S.C. 1401 et seq.) is amended--
(A) in section 6001 (47 U.S.C. 1401)--
(i) by striking paragraph (4);
(ii) by redesignating paragraphs (5)
through (32) as paragraphs (4) through (31),
respectively; and
(iii) by inserting after paragraph (31), as
so redesignated, the following:
``(32) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Communications and
Information.''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(12) Ray baum's act of 2018.--The RAY BAUM'S Act of 2018
(division P of Public Law 115-141; 132 Stat. 348) is amended by
striking ``Assistant Secretary'' each place the term appears
and inserting ``Under Secretary''.
(13) Secure and trusted communications networks act of
2019.--Section 8 of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607) is amended--
(A) in subsection (c)(1), in the heading, by
striking ``assistant secretary'' and inserting ``under
secretary''; and
(B) by striking ``Assistant Secretary'' each place
the term appears and inserting ``Under Secretary''.
(14) Title 51, united states code.--Section 50112(3) of
title 51, United States Code, is amended, in the matter
preceding subparagraph (A), by striking ``Assistant Secretary''
each place the term appears and inserting ``Under Secretary''.
(15) Consolidated appropriations act, 2021.--The
Consolidated Appropriations Act, 2021 (Public Law 116-260) is
amended--
(A) in title IX of division N--
(i) in section 902(a)(2), in the heading,
by striking ``assistant secretary'' and
inserting ``under secretary'';
(ii) in section 905--
(I) in subsection (a)(1), in the
heading, by striking ``assistant
secretary'' and inserting ``under
secretary'';
(II) in subsection (c)(3)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(III) in subsection (d)(2)(B), in
the heading, by striking ``assistant
secretary'' and inserting ``under
secretary''; and
(iii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(B) in title IX of division FF--
(i) in section 903(g)(2), in the heading,
by striking ``assistant secretary'' and
inserting ``under secretary''; and
(ii) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''.
(16) Infrastructure investment and jobs act.--The
Infrastructure Investment and Jobs Act (Public Law 117-58) is
amended--
(A) in section 27003, by striking ``Assistant
Secretary'' each place the term appears and inserting
``Under Secretary'';
(B) in division F--
(i) in section 60102--
(I) in subsection (a)(2)(A), by
striking ``assistant secretary'' and
inserting ``under secretary'';
(II) in subsection (d)(1), by
striking ``assistant secretary'' and
inserting ``under secretary''; and
(III) in subsection (h)--
(aa) in paragraph (1)(B),
by striking ``assistant
secretary'' and inserting
``under secretary''; and
(bb) in paragraph
(5)(B)(iii), by striking
``assistant secretary'' and
inserting ``under secretary'';
(ii) in title III--
(I) in section 60302(5), by
striking ``assistant secretary'' and
inserting ``under secretary''; and
(II) in section 60305(d)(2)(B)(ii),
by striking ``assistant secretary'' and
inserting ``under secretary'';
(iii) in section 60401(a)(2), by striking
``assistant secretary'' and inserting ``under
secretary''; and
(iv) by striking ``Assistant Secretary''
each place the term appears and inserting
``Under Secretary''; and
(C) in division J, in title I, in the matter under
the heading ``distance learning, telemedicine, and
broadband program'' under the heading ``Rural Utilities
Service'' under the heading ``RURAL DEVELOPMENT
PROGRAMS'', by striking ``Assistant Secretary'' and
inserting ``Under Secretary''.
SEC. 102. NTIA CONSOLIDATED REPORTING ACT.
(a) Elimination of Certain Outdated or Completed Reporting
Requirements.--
(1) BTOP quarterly report.--Section 6001(d) of the American
Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(d)) is
amended--
(A) in paragraph (2), by striking the semicolon at
the end and inserting ``; and'';
(B) in paragraph (3), by striking ``; and'' and
inserting a period; and
(C) by striking paragraph (4).
(2) Certain reports required by national telecommunications
and information administration organization act.--Sections 154,
155, and 156 of the National Telecommunications and Information
Administration Organization Act are repealed.
(3) Certain reports relating to 3 gigahertz spectrum.--
(A) In general.--Section 605 of division P of the
Consolidated Appropriations Act, 2018 (Public Law 115-
141; 132 Stat. 1100) is repealed.
(B) Clerical amendment.--The table of contents in
section 1(b) of such division is amended by striking
the item relating to section 605.
(4) Initial report required by section 9202(a)(1)(G) of the
ndaa for fiscal year 2021.--Section 9202(a)(1)(G) of the
William M. (Mac) Thornberry National Defense Authorization Act
for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) is amended--
(A) in clause (ii), by redesignating subclauses
(I), (II), and (III) as clauses (i), (ii), and (iii),
respectively, and conforming the margins of such
clauses accordingly; and
(B) by striking ``Reports to congress'' and all
that follows through ``For each fiscal year'' and
inserting ``Annual report to congress.--For each fiscal
year''.
(5) Report to president.--Section 105(a) of the National
Telecommunications and Information Administration Organization
Act (47 U.S.C. 904(a)) is amended--
(A) by striking paragraph (2); and
(B) by redesignating paragraph (3) as paragraph
(2).
(6) Effect on authority.--Nothing in this subsection or the
amendments made by this subsection shall be construed to expand
or contract the authority of the Secretary, the Under
Secretary, the NTIA, or the Commission.
(7) Other reports.--Nothing in this subsection or the
amendments made by this subsection shall be construed to
prohibit or otherwise prevent the Secretary, the Under
Secretary, the NTIA, or the Commission from producing any
additional reports otherwise within the authority of the
Secretary, the Under Secretary, the NTIA, or the Commission,
respectively.
(b) Consolidated Annual Report.--
(1) In general.--In the first quarter of each calendar
year, the Under Secretary shall publish on the website of the
NTIA and submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report that
contains the reports described in paragraph (2) for the fiscal
year ending most recently before the beginning of such quarter.
(2) Reports described.--The reports described in this
paragraph are the following:
(A) The report required by section 903(c)(2)(C) of
division FF of the Consolidated Appropriations Act,
2021 (47 U.S.C. 1307(c)(2)(C)).
(B) If amounts in the Public Wireless Supply Chain
Innovation Fund established by section 9202(a)(1)(A)(i)
of the William M. (Mac) Thornberry National Defense
Authorization Act for Fiscal Year 2021 (47 U.S.C.
906(a)(1)(A)(i)) were available for the fiscal year
described in paragraph (1) of this subsection, the
report required by section 9202(a)(1)(G) of such Act
(47 U.S.C. 906(a)(1)(G)).
(C) If the Under Secretary awarded grants under
section 60304(d)(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1723(d)(1)) in the fiscal year
described in paragraph (1) of this subsection, the
report required by section 60306(a)(1)(A) of such Act
(47 U.S.C. 1725(a)(1)(A)).
(D) A summary of the reports for the fiscal year
described in paragraph (1) that are required to be
submitted to the Under Secretary by executive agencies
under section 107(b)(5) of the National
Telecommunications and Information Administration
Organization Act, as added by this Act.
(3) Timing of underlying reporting requirements.--
(A) Report of office of internet connectivity and
growth.--Section 903(c)(2)(C) of division FF of the
Consolidated Appropriations Act, 2021 (47 U.S.C.
1307(c)(2)(C)) is amended--
(i) in the matter preceding clause (i)--
(I) by striking ``Not later than 1
year after the date of the enactment of
this Act, and every year thereafter,''
and inserting ``In the first quarter of
each calendar year,''; and
(II) by inserting ``, for the
fiscal year ending most recently before
the beginning of such quarter,'' after
``a report''; and
(ii) in clause (i), by striking ``for the
previous year''.
(B) Report on digital equity grant programs.--
Section 60306(a)(1) of the Infrastructure Investment
and Jobs Act (47 U.S.C. 1725(a)(1)) is amended--
(i) in the matter preceding subparagraph
(A), by striking ``Not later than 1 year'' and
all that follows through ``shall--'' and
inserting the following: ``For the first fiscal
year in which the Under Secretary awards grants
under section 60304(d)(1), and each fiscal year
thereafter in which the Under Secretary awards
grants under such section, the Under Secretary
shall--''; and
(ii) in subparagraph (A)--
(I) by inserting ``in the first
quarter of the first calendar year that
begins after the end of such fiscal
year,'' before ``submit''; and
(II) by striking ``, for the year
covered by the report''.
(4) Satisfaction of underlying reporting requirements.--
(A) In general.--Except as provided in subparagraph
(B), the publication and submission of a report as
required by paragraph (1) in the first quarter of a
calendar year shall be treated as satisfying any
requirement to publish or otherwise make publicly
available or to submit to Congress or to a committee of
Congress a report described in paragraph (2) for the
fiscal year ending most recently before the beginning
of such quarter.
(B) Certain submission requirements.--At the time
when the Under Secretary submits a report required by
paragraph (1) to the committees described in such
paragraph, the Under Secretary shall submit any portion
of such report that relates to a report described in
paragraph (2)(C) to each committee of Congress not
described in paragraph (1) to which such report would
(without regard to subparagraph (A) of this paragraph)
be required to be submitted.
(5) Applicability.--Paragraph (1), and the amendments made
by paragraph (3), shall apply beginning on January 1 of the
first calendar year that begins after the date of the enactment
of this Act.
(c) Extension of Certain Audit and Reporting Requirements.--Section
902(c)(4)(A) of division N of the Consolidated Appropriations Act, 2021
(47 U.S.C. 1306(c)(4)(A)) is amended by striking ``fiscal years 2021
and 2022'' and inserting ``fiscal years 2021, 2022, 2023, and 2024''.
(d) Definition.--In this section, the term ``Secretary'' means the
Secretary of Commerce.
TITLE II--OFFICE OF SPECTRUM MANAGEMENT
SEC. 201. OFFICE OF SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.) is amended by
adding at the end the following:
``SEC. 106. OFFICE OF SPECTRUM MANAGEMENT.
``(a) Establishment.--There is established within the NTIA an
Office of Spectrum Management (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Spectrum Management (in this
section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary.
``(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``(1) carry out responsibilities under section 103(b)(2)(A)
(relating to frequency assignments for radio stations belonging
to and operated by the United States), make frequency
allocations for frequencies that will be used by such stations,
and develop and maintain techniques, databases, measurements,
files, and procedures necessary for such allocations;
``(2) carry out responsibilities under section 103(b)(2)(K)
(relating to establishing policies concerning spectrum
assignments and use by radio stations belonging to and operated
by the United States) and provide Federal agencies with
guidance to ensure that the conduct of telecommunications
activities by such agencies is consistent with such policies;
``(3) develop, in coordination with the Commission, a
comprehensive long-range plan for improved management of all
electromagnetic spectrum resources, including through
representing the interests of Federal agencies in the process
through which the Commission and the NTIA jointly determine the
National Table of Frequency Allocations;
``(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--
``(A) the security of telecommunications in the
United States; and
``(B) systems and means to ensure such security;
``(8) in coordination with the Associate Administrator for
Policy Development and Cybersecurity, carry out spectrum-
related responsibilities under section 103(b)(2)(H) (relating
to coordination of the telecommunications activities of the
executive branch and assistance in the formulation of policies
and standards for such activities);
``(9) carry out spectrum-related responsibilities under
section 103(b)(2)(Q) (relating to certain activities with
respect to telecommunications resources);
``(10) carry out responsibilities under section 107
(relating to improving spectrum management); and
``(11) carry out any other duties of the NTIA with respect
to spectrum policy that the Under Secretary may designate.''.
SEC. 202. IMPROVING SPECTRUM MANAGEMENT.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 107. IMPROVING SPECTRUM MANAGEMENT.
``(a) Federal Coordination Procedures.--
``(1) Notice.--With respect to each spectrum action, not
later than the end of the period for submitting comments to the
Commission in the proceeding relating to the spectrum action,
the Under Secretary shall file in the public record with
respect to the proceeding information (redacted as necessary if
the information is protected from disclosure for a reason
described in paragraph (3)) regarding--
``(A) when the Commission provided notice to the
Under Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) the Federal entities that may be impacted by
the spectrum action;
``(C) when the Under Secretary provided notice to
the Federal entities described in subparagraph (B)
regarding the spectrum action;
``(D) a summary of any general technical or
procedural concerns raised by Federal entities to the
Under Secretary regarding the spectrum action; and
``(E) any policy concerns of the Under Secretary
regarding the spectrum action.
``(2) Final rule.--If the Commission promulgates a final
rule under section 553 of title 5, United States Code,
involving a spectrum action, the Commission shall prepare, make
available to the public, and publish in the Federal Register
along with the final rule an interagency coordination summary
that describes--
``(A) when the Commission provided notice to the
Under Secretary regarding the spectrum action, as
required under the Memorandum;
``(B) whether the Under Secretary raised technical,
procedural, or policy concerns regarding the spectrum
action; and
``(C) how any concerns described in subparagraph
(B) were resolved.
``(3) Rule of construction.--Nothing in this subsection may
be construed to require the disclosure of classified
information, or other information reflecting technical,
procedural, or policy concerns that is exempt from disclosure
under section 552 of title 5, United States Code (commonly
known as the `Freedom of Information Act').
``(4) FCC consideration.--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.
``(B) Security clearance requirement.--If an
individual appointed under subparagraph (A) is not
eligible to receive a security clearance described in
that subparagraph--
``(i) the appointment shall be invalid; and
``(ii) the head of the Federal entity
making the appointment shall appoint another
individual who satisfies the requirements of
that subparagraph, including the requirement
that the individual is eligible to receive such
a security clearance.
``(3) Duties.--An individual appointed under paragraph (2)
shall--
``(A) oversee the spectrum coordination policies
and procedures of the applicable Federal entity;
``(B) be responsible for timely notification to the
PPSG and to the Under Secretary of technical or
procedural concerns of the applicable Federal entity
regarding a spectrum action; and
``(C) work closely with the representative of the
applicable Federal entity to the Interdepartmental
Radio Advisory Committee.
``(4) Public contact.--
``(A) In general.--The head of each Federal entity
described in paragraph (2) shall list, on the website
of the Federal entity, the name and contact information
of the representative of the Federal entity to the
PPSG, as appointed under such paragraph.
``(B) NTIA responsibility.--The Under Secretary
shall publish on the public website of the NTIA a
complete list of the representatives to the PPSG
appointed under paragraph (2).
``(5) Annual report.--In the last quarter of each calendar
year, each executive agency that is authorized and directed to
cooperate with the NTIA under section 105(c)(2) shall submit to
the Under Secretary a report, for the fiscal year ending most
recently before the beginning of such quarter, describing the
steps taken in such fiscal year by the executive agency to
comply with such section.
``(c) Coordination Between Commission and NTIA.--
``(1) Updates.--Not later than 3 years after the date of
the enactment of this section, and every 4 years thereafter or
more frequently as appropriate, the Commission and the NTIA
shall update the Memorandum.
``(2) Nature of update.--The updates required by paragraph
(1) shall reflect such changing technological, procedural, and
policy circumstances as the Commission and the NTIA determine
necessary and appropriate.
``(d) Definitions.--In this section:
``(1) 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
any 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 licensing that
could potentially impact the spectrum operations of a Federal
entity.''.
SEC. 203. SPECTRUM MANAGEMENT IMPROVEMENTS.
(a) Prototyping.--Consistent with subparagraphs (F), (L), (P), and
(U) of section 103(b)(2) of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 902(b)(2)), the
Under Secretary 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--
(1) technologies and techniques to control radio frequency
emissions and interference;
(2) advanced antenna arrays, and artificial intelligence
systems and technologies capable of operating advanced antenna
arrays, including multiple-input, multiple-output antennas,
beam forming and steering technology, antenna nulling
technology, and conformal arrays;
(3) network sensing and monitoring technologies;
(4) advanced receivers that incorporate new technologies
supporting new waveforms and multiple bands;
(5) dynamic spectrum access technologies across wireless
systems and frequencies, including local-to-the-radio and
cognitive multidomain access;
(6) novel spectrum access technologies;
(7) artificial intelligence systems to enable dynamic
spectrum access, Internet of Things networks, and other
advanced communications technologies; and
(8) optical and quantum communications technologies.
(b) Spectrum Management and Advanced Communications Technologies.--
Section 104 of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 903) is amended by adding at
the end the following:
``(f) Identification and 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--
``(1) dynamic spectrum access;
``(2) network sensing and monitoring; and
``(3) optical and quantum communications.
``(g) Prototyping of Advanced Communications Technologies.--The
Under Secretary shall, with respect to frequencies assigned on a
primary or co-primary basis to 1 or more Federal entities--
``(1) encourage the development of, and broad participation
in, a skilled workforce to conduct prototyping of advanced
communications technologies; and
``(2) support partnerships among institutions to develop a
skilled workforce to conduct prototyping of advanced
communications technologies.''.
SEC. 204. INSTITUTE FOR TELECOMMUNICATION SCIENCES.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 108. INSTITUTE FOR TELECOMMUNICATION SCIENCES.
``(a) Establishment.--
``(1) In general.--Under the authority provided to the
Under Secretary under section 103, the Under Secretary shall
operate a test center to be known as the Institute for
Telecommunication Sciences (in this section referred to as
`ITS').
``(2) Functions.--
``(A) In general.--In addition to any functions
delegated by the Under Secretary under subparagraph
(B), ITS shall serve as the primary laboratory for the
executive branch of the Federal Government to--
``(i) study radio frequency emissions,
including technologies and techniques to
control such emissions and interference caused
by such emissions;
``(ii) determine spectrum propagation
characteristics;
``(iii) conduct tests on technology that
enhances the sharing of electromagnetic
spectrum between Federal and non-Federal users;
``(iv) improve the interference tolerance
of Federal systems operating with, or using,
Federal spectrum;
``(v) promote activities relating to access
to Federal spectrum by non-Federal users and
the sharing of Federal spectrum between Federal
and non-Federal users; and
``(vi) conduct such other activities as
determined necessary by the Under Secretary.
``(B) Additional functions.--The Under Secretary
may delegate to ITS any of the functions assigned to
the Under Secretary under section 103(b)(1).
``(3) Agreements and transactions.--In carrying out the
functions described in paragraph (2), the Under Secretary,
acting through the head of ITS, may enter into agreements as
provided under the following authorities:
``(A) Sections 11 and 12 of the Stevenson-Wydler
Technology Innovation Act of 1980.
``(B) Section 1535 of title 31, United States Code.
``(C) Sections 207 and 209 of title 35, United
States Code.
``(D) Section 103(b)(2) of this Act.
``(E) Section 113(g) of this Act.
``(F) The first undesignated section of Public Law
91-412.
``(G) Authority provided under any other Federal
statute.
``(4) Federal spectrum defined.--In this subsection, the
term `Federal spectrum' means frequencies assigned on a primary
basis to a Federal entity (as defined in section 113(l)).
``(b) Emergency Communication and Tracking Technologies
Initiative.--
``(1) Establishment.--The Under Secretary, acting through
the head of ITS, shall establish an initiative to support the
development of emergency communication and tracking
technologies for use in locating trapped individuals in
confined spaces, such as underground mines, and other shielded
environments, such as high-rise buildings or collapsed
structures, where conventional radio communication is limited.
``(2) Activities.--In order to carry out this subsection,
the Under Secretary, acting through the head of ITS, shall work
with private sector entities and the heads of appropriate
Federal agencies, to--
``(A) perform a needs assessment to identify and
evaluate the measurement, technical specifications, and
conformity assessment needs required to improve the
operation and reliability of such emergency
communication and tracking technologies; and
``(B) support the development of technical
specifications and conformance architecture to improve
the operation and reliability of such emergency
communication and tracking technologies.
``(3) Report.--Not later than 18 months after the date of
the enactment of this section, the Under Secretary shall submit
to Congress, and make publicly available, a report on the
assessment performed under paragraph (2)(A).''.
SEC. 205. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 109. COMMERCE SPECTRUM MANAGEMENT ADVISORY COMMITTEE.
``(a) Establishment.--There is established within NTIA a Commerce
Spectrum Management Advisory Committee (referred to in this section as
the `CSMAC').
``(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 the United States to support the needs of
homeland security, national defense, and other critical
missions of the Federal Government;
``(2) objectives that advance spectrum-based innovation,
including--
``(A) facilitating access to mobile broadband
internet access service;
``(B) space-based services; and
``(C) other emerging technologies;
``(3) fostering increased spectrum sharing among all users;
``(4) promoting innovation and rapid advances in technology
that support the more efficient use of spectrum;
``(5) authorizing radio systems and frequencies in a way
that maximizes the benefits to the public;
``(6) establishing a long-range spectrum planning process
and identifying international opportunities to advance the
economic interests of the United States through spectrum
management;
``(7) how best to leverage radio frequency-related
research, development, and testing and evaluation efforts;
``(8) ways to foster more efficient and innovative uses of
electromagnetic spectrum resources across the Federal
Government, subject to and consistent with the needs and
missions of Federal agencies;
``(9) new issues associated with spectrum sharing on
frequencies assigned on a primary or co-primary basis to 1 or
more Federal entities, including harmful interference and
associated enforcement challenges; and
``(10) developing balanced policies that promote both
licensed and unlicensed access to spectrum.
``(c) Members.--
``(1) Composition of committee.--The CSMAC shall be
composed of not less than 5 but not more than 30 members
appointed by the Under Secretary that provide a balanced
representation of--
``(A) non-Federal spectrum users;
``(B) State government and local government;
``(C) technology developers and manufacturers;
``(D) academia;
``(E) civil society;
``(F) providers of mobile broadband internet access
service and providers of fixed broadband internet
access service, including--
``(i) providers with customers in both
domestic and international markets;
``(ii) small providers; and
``(iii) rural providers; and
``(G) providers of communications services using
satellite communications networks.
``(2) Appointments.--
``(A) In general.--The Under Secretary shall
appoint members to the CSMAC for up to a two-year term,
except that members may be reappointed for additional
terms by the Under Secretary.
``(B) Removal.--Each member appointed under
subparagraph (A) shall serve on the CSMAC at the
pleasure and discretion of the Under Secretary.
``(3) Chair.--
``(A) Appointment.--The Under Secretary shall
appoint one or more members from among those appointed
to the CSMAC to serve as Chair or Co-Chairs of the
CSMAC.
``(B) Service.--The Chair, or Co-Chairs, as the
case may be, shall serve at the pleasure and discretion
of the Under Secretary.
``(4) Vacancy.--A vacancy on the CSMAC shall be filled in
the manner in which the original appointment was made and the
member so appointed shall serve for the remainder of the term.
``(5) Compensation.--The members of the CSMAC shall serve
without compensation.
``(d) Subcommittees.--
``(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary for the
performance by the CSMAC of the duties described under
subsection (b), the CSMAC may establish subcommittees, working
groups, standing committees, ad hoc groups, task groups, or
other subgroups of the CSMAC.
``(2) Limitation.--Any subcommittee, working group,
standing committee, ad hoc group, task group, or other subgroup
established under paragraph (1)--
``(A) shall report to the CSMAC; and
``(B) may not provide any advice, recommendation,
or other work product directly to the Under Secretary.
``(e) Termination of CSMAC.--Notwithstanding section 1013 of title
5, United States Code, the CSMAC shall terminate on December 31,
2028.''.
SEC. 206. INCUMBENT INFORMING CAPABILITY.
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--
``(1) not later than 120 days after the date of the
enactment of this section, begin to amend the Department of
Commerce spectrum management document entitled `Manual of
Regulations and Procedures for Federal Radio Frequency
Management' so as to incorporate an incumbent informing
capability; and
``(2) not later than the date on which amounts appropriated
to carry out this section are first made available, begin to
implement such capability, including the development and
testing of such capability.
``(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.
``(B) One or more mechanisms to facilitate Federal-
to-Federal sharing, as authorized by the NTIA.
``(C) One or more mechanisms to prevent, eliminate,
or mitigate harmful interference to incumbent Federal
entities, including one or more of the following
functions:
``(i) Sensing.
``(ii) Identification.
``(iii) Reporting.
``(iv) Analysis.
``(v) Resolution.
``(D) Dynamic coordination area analysis,
definition, and control, if appropriate for a band.
``(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--
``(A) input into the system required by paragraph
(1) such information as the Under Secretary may
require, including the frequency, time, and location of
the use of the band by such Federal entity; and
``(B) to the extent practicable, input such
information into such system on an automated basis.
``(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
``(B) electromagnetic spectrum allocated on a
primary or co-primary basis for Federal use that is
shared among Federal entities.
``(2) Federal entity.--The term `Federal entity' has the
meaning given such term in section 113(l).
``(3) Incumbent informing capability.--The term `incumbent
informing capability' means a capability to facilitate the
sharing of covered spectrum.
``(e) Rule of Construction.--Nothing in this section shall be
construed to alter or expand the authority of the NTIA as described in
section 113(j)(1).''.
SEC. 207. WORKING GROUP ON PERFORMANCE CRITERIA FOR RADIO RECEIVERS.
(a) Establishment.--
(1) In general.--Not later than 90 days after the date of
the enactment of this section, the Under Secretary shall
convene a working group to develop, and periodically update,
criteria, ratings, and other measures, including voluntary
standards, for radio receivers operating in Federal systems in
spectrum bands used only by Federal entities.
(2) Purpose.--The purpose of the criteria, ratings, and
other measures, including voluntary standards, developed, and
periodically updated, by the working group shall be to provide
guidance on the design, manufacture, and sale of radio
receivers operating in Federal systems in spectrum bands used
only by Federal entities with respect to the incorporation of
appropriate measures to mitigate, or enhance resiliency to,
potential harmful interference to ensure 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
receiver operations being seriously degraded or obstructed,
including operations being repeatedly interrupted.
(3) Criteria.--In developing, and periodically updating,
criteria, ratings, and other measures, the working group shall
take into consideration the unique technical and operational
characteristics of the different Federal systems.
(4) Adoption.--In developing, and periodically updating,
criteria, ratings, and other measures, the working group may
not publish under this section a criteria, rating, or other
measure unless the Under Secretary determines--
(A) the criteria, rating, or other measure; and
(B) the specific technical parameters of the
criteria, rating, or other measure.
(5) Federal advisory committee act exemption.--Chapter 10
of title 5, United States Code, shall not apply to the working
group.
(b) Chair; Members; Participation by Federal Entities.--
(1) Chair and members.--The Chair of the working group
shall be the Under Secretary and the working group shall
include representatives from the following:
(A) The Commission.
(B) The communications industry.
(C) Academia.
(D) Entities that manufacture radio receivers.
(E) Entities that establish technical
specifications for radio receivers.
(2) Participation by federal entities.--The Under Secretary
shall invite a representative from each Federal entity to
participate in the working group.
(c) Publication of Criteria, 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 criteria, 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.
(d) Periodic Review and Update.--Not less frequently than every 4
years, the working group shall review and update, if appropriate, the
criteria, ratings, and other measures published under subsection (c).
Any such update shall be published as described in subsection (c) not
later than 14 days after the date on which the update is completed.
(e) Savings Clause.--No action taken by the Under Secretary
pursuant to this section shall be used to impose any obligation on
manufacturers with respect to any radio receivers designed to operate
exclusively in a system that is not a Federal system.
(f) Definitions.--In this section:
(1) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(2) 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)).
(3) Federal system.--The term ``Federal system'' means a
system of radio stations belonging to and operated by the
Federal Government that receives radio frequency signals on
spectrum that is allocated exclusively for Federal Government
use or allocated for both Federal and non-Federal operations.
(4) Working group.--The term ``working group'' means the
working group convened under subsection (a)(1).
TITLE III--OFFICE OF INTERNET CONNECTIVITY AND GROWTH
SEC. 301. NATIONAL STRATEGY TO CLOSE DIGITAL DIVIDE.
(a) National Strategy.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Under Secretary, in consultation
with the heads of the covered agencies, shall develop and
submit to the appropriate committees of Congress a National
Strategy to Close the Digital Divide to--
(A) support better management of Federal broadband
programs to deliver on the goal of providing high-
speed, affordable broadband internet access service to
all individuals in the United States;
(B) synchronize interagency coordination among
covered agencies for Federal broadband programs;
(C) synchronize interagency coordination regarding
the process for approving the grant of an easement,
right of way, or lease to, in, over, or on a building
or any other property owned by the Federal Government
for the right to install, construct, modify, or
maintain infrastructure with respect to broadband
internet access service; and
(D) reduce barriers, lower costs, and ease
administrative burdens for State, local, and Tribal
governments to participate in Federal broadband
programs.
(2) Required contents.--The Strategy shall--
(A) list all--
(i) Federal broadband programs; and
(ii) programs known to the NTIA that exist
at the State and local levels that are directly
or indirectly intended to increase the
deployment of, access to, the affordability of,
or the adoption of broadband internet access
service;
(B) describe current, as of the date on which the
Strategy is submitted, Federal efforts to coordinate
Federal broadband programs;
(C) identify gaps and limitations, including with
respect to laws and data, that hinder, or may hinder,
coordination across Federal broadband programs;
(D) establish clear roles and responsibilities for
the heads of the covered agencies, as well as clear
goals, objectives, and performance measures, for--
(i) the management of all Federal broadband
programs; and
(ii) interagency coordination efforts with
respect to Federal broadband programs;
(E) address the cost of the Strategy, the sources
and types of resources and investments needed to carry
out the Strategy, and where those resources and
investments should be targeted based on balancing risk
reductions with costs;
(F) address factors that increase the costs and
administrative burdens for State, local, and Tribal
governments with respect to participation in Federal
broadband programs;
(G) recommend incentives, legislative solutions,
and administrative actions to help State, local, and
Tribal governments more efficiently--
(i) distribute, and effectively administer,
funding received from Federal broadband
programs; and
(ii) resolve conflicts with respect to the
funding described in clause (i);
(H) recommend incentives, legislative solutions,
and administrative actions to--
(i) improve the coordination and management
of Federal broadband programs; and
(ii) eliminate duplication with respect to
Federal broadband programs;
(I) describe current, as of the date on which the
Strategy is submitted, efforts by covered agencies to
streamline the process for granting access to an
easement, right of way, or lease to, in, over, or on a
building or any other property owned by the Federal
Government for the right to install, construct, modify,
or maintain infrastructure with respect to broadband
internet access service;
(J) identify gaps and limitations with respect to
allowing regional, interstate, or cross-border economic
development organizations to participate in Federal
broadband programs; and
(K) address specific issues relating to closing the
digital divide on Tribal lands.
(3) Public consultation.--In developing the Strategy, the
Under Secretary shall consult with--
(A) groups that represent consumers or the
interests of the public, including economically or
socially disadvantaged individuals;
(B) subject matter experts;
(C) providers of broadband internet access service;
(D) Tribal entities; and
(E) State and local agencies and entities.
(b) Implementation Plan.--
(1) In general.--Not later than 240 days after the date on
which the Under Secretary submits the Strategy to the
appropriate committees of Congress under subsection (a)(1), the
Under Secretary 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 holding the covered agencies
accountable for 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 regarding those
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;
(ii) adopt common data sets with respect to
such Federal broadband programs and make such
data sets available as open Government data
assets; and
(iii) address barriers to participation in
such Federal broadband programs for eligible
households;
(J) provide a plan to monitor the consistency,
affordability, and quality of broadband internet access
service supported by Federal broadband programs; and
(K) describe the administrative and legislative
action that is necessary to carry out the Strategy.
(3) Public comment.--Not later than 30 days after the date
on which the Under Secretary submits the Strategy to the
appropriate committees of Congress under subsection (a)(1), the
Under Secretary shall seek public comment regarding the
development and implementation of the Implementation Plan.
(c) Briefings and Implementation.--
(1) Briefing.--Not later than 21 days after the date on
which the Under Secretary submits the Implementation Plan to
the appropriate committees of Congress under subsection (b)(1),
the Under Secretary, and appropriate representatives from the
covered agencies involved in the formulation of the Strategy,
shall provide a briefing on the implementation of the Strategy
to the appropriate committees of Congress.
(2) Implementation.--
(A) In general.--The Under Secretary shall--
(i) implement the Strategy in accordance
with the terms of the Implementation Plan; and
(ii) 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.
(B) Rule of construction.--Nothing in this
paragraph 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.
(d) Government Accountability Office Study and Report.--
(1) Study.--The Comptroller General of the United States
shall conduct a study that shall--
(A) examine the efficacy of the Strategy and the
Implementation Plan in closing the digital divide; and
(B) make recommendations regarding how to improve
the Strategy and the Implementation Plan.
(2) Report.--Not later than 1 year after the date on which
the Under Secretary submits the Implementation Plan to the
appropriate committees of Congress under subsection (b)(1), the
Comptroller General shall submit to the appropriate committees
of Congress a report on the results of the study conducted
under paragraph (1).
(e) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
(B) the Committee on Energy and Commerce of the
House of Representatives.
(2) Covered agencies.--The term ``covered agencies''
means--
(A) the Commission;
(B) the Department of Agriculture;
(C) the NTIA;
(D) the Department of Health and Human Services;
(E) the Appalachian Regional Commission;
(F) the Delta Regional Authority;
(G) the Economic Development Administration;
(H) the Department of Education;
(I) the Department of the Treasury;
(J) the Department of Transportation;
(K) the Institute of Museum and Library Services;
(L) the Northern Border Regional Commission;
(M) the Department of Housing and Urban
Development; and
(N) the Department of the Interior.
(3) Federal broadband program.--The term ``Federal
broadband program'' means any program administered by a covered
agency that is directly or indirectly intended to increase the
deployment of, access to, the affordability of, or the adoption
of broadband internet access service.
(4) Implementation plan.--The term ``Implementation Plan''
means the implementation plan developed under subsection
(b)(1).
(5) State.--The term ``State'' means each State of the
United States, the District of Columbia, and each commonwealth,
territory, or possession of the United States.
(6) Strategy.--The term ``Strategy'' means the National
Strategy to Close the Digital Divide developed under subsection
(a)(1).
TITLE IV--OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY
SEC. 401. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.
(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').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary.
``(c) Duties.--
``(1) In general.--The Associate Administrator shall, at
the direction of the Under Secretary, oversee and conduct
national communications and information policy analysis and
development for the internet and communications technologies.
``(2) Particular duties.--In carrying out paragraph (1),
the Associate Administrator shall, at the direction of the
Under Secretary--
``(A) develop, analyze, and advocate for market-
based policies that promote innovation, competition,
consumer access, digital inclusion, workforce
development, and economic growth in the communications,
media, and technology markets;
``(B) conduct studies, as delegated by the Under
Secretary or required by Congress, on how individuals
in the United States access and use the internet,
wireline and wireless telephony, mass media, other
digital services, and video services;
``(C) coordinate transparent, consensus-based,
multistakeholder processes to create guidance for and
to support the development and implementation of
cybersecurity and privacy policies with respect to the
internet and other communications networks;
``(D) promote increased collaboration between
security researchers and providers of communications
services and software system developers;
``(E) perform such duties as the Under Secretary
considers appropriate relating to the program for
preventing future vulnerabilities established under
section 8(a) of the Secure and Trusted Communications
Networks Act of 2019 (47 U.S.C. 1607(a));
``(F) advocate for policies that promote the
security and resilience to cybersecurity incidents of
communications networks while fostering innovation,
including policies that promote secure communications
network supply chains;
``(G) present security of the digital economy and
infrastructure and cybersecurity policy efforts before
the Commission, Congress, and elsewhere;
``(H) provide advice and assistance to the Under
Secretary in carrying out the policy responsibilities
of the NTIA with respect to cybersecurity policy
matters, including the evaluation of the impact of
cybersecurity matters pending before the Commission,
other Federal agencies, and Congress;
``(I) in addition to the duties described in
subparagraph (H), perform such other duties regarding
the policy responsibilities of the NTIA with respect to
cybersecurity policy matters as the Under Secretary
considers appropriate;
``(J) develop policies to accelerate innovation and
commercialization with respect to advances in
technological understanding of communications
technologies;
``(K) identify barriers to trust, security,
innovation, and commercialization with respect to
communications technologies, including access to
capital and other resources, and ways to overcome such
barriers;
``(L) provide public access to relevant data,
research, and technical assistance on innovation and
commercialization with respect to communications
technologies, consistent with the protection of
classified information;
``(M) strengthen collaboration on and coordination
of policies relating to innovation and
commercialization with respect to communications
technologies, including policies focused on the needs
of small businesses and rural communities--
``(i) within the Department of Commerce;
``(ii) between the Department of Commerce
and State government agencies, as appropriate;
and
``(iii) between the Department of Commerce
and the Commission or any other Federal agency
the Under Secretary determines to be necessary;
and
``(N) solicit and consider feedback from small and
rural communications service providers, as
appropriate.''.
(b) Redesignation of Associate Administrator; Continuation of
Service.--
(1) Redesignation.--The position of Associate Administrator
for Policy Analysis and Development at the NTIA is hereby
redesignated as the position of Associate Administrator for
Policy Development and Cybersecurity.
(2) Continuation of service.--The individual serving as
Associate Administrator for Policy Analysis and Development at
the NTIA on the date of the enactment of this Act shall become,
as of such date, the Associate Administrator for Policy
Development and Cybersecurity.
SEC. 402. ECONOMIC COMPETITIVENESS OF INFORMATION AND COMMUNICATION
TECHNOLOGY SUPPLY CHAIN.
(a) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the information
and communication technology supply chain that--
(1) identifies--
(A) information and communication technology
critical to the economic competitiveness of the United
States; and
(B) the industrial capacity of--
(i) United States vendors that produce
information and communication technology
identified under subparagraph (A); and
(ii) trusted information and communication
technology vendors that produce information and
communication technology identified under
subparagraph (A);
(2) assesses the economic competitiveness of vendors
described under paragraph (1)(B);
(3) assesses whether, and to what extent, there is a
dependence by providers of advanced telecommunications
capability in the United States on information and
communication technology identified under paragraph (1)(A) that
is not trusted;
(4) identifies--
(A) what actions by the Federal Government are
needed to support, and bolster the economic
competitiveness of, trusted information and
communication technology vendors; and
(B) what Federal resources are needed to reduce
dependence by providers of advanced telecommunications
capability in the United States on companies that--
(i) produce information and communication
technology; and
(ii) are not trusted; and
(5) defines lines of effort and assigns responsibilities
for a whole-of-Government response to ensuring the
competitiveness of the information and communication technology
supply chain in the United States.
(b) Whole-of-Government Strategy.--
(1) In general.--The Secretary shall develop, on the basis
of the report required by subsection (a), a whole-of-Government
strategy to ensure the economic competitiveness of trusted
information and communication technology vendors that
includes--
(A) recommendations on how--
(i) to strengthen the structure, resources,
and authorities of the Federal Government to
support the economic competitiveness of trusted
information and communication technology
vendors, including United States vendors that
are trusted information and communication
technology vendors; and
(ii) the Federal Government can address any
barriers to a market-based solution for
increasing the economic competitiveness of such
information and communication technology
vendors;
(B) defined lines of effort and responsibilities
for Federal agencies to implement the strategy; and
(C) a description of--
(i) any change to a Federal program,
Federal law, or structure of the Federal
Government necessary to implement any
recommendation under subparagraph (A); and
(ii) any additional Federal resource
necessary to implement any recommendation under
subparagraph (A).
(2) Report.--Not later than 180 days after the submission
of the report required by subsection (a), the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the strategy
developed under paragraph (1).
(c) Consultation Required.--In carrying out subsections (a) and
(b), the Secretary shall consult with--
(1) a cross-section of trusted information and
communication technology vendors; and
(2) the Secretary of State, the Secretary of Homeland
Security, the Attorney General, the Director of National
Intelligence, the Chair of the Commission, and any other head
of an agency the Secretary determines necessary.
(d) Definitions.--In this section:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given that term in section 706(d) of the Telecommunications Act
of 1996 (47 U.S.C. 1302(d)).
(2) Information and communication technology.--The term
``information and communication technology'' means a technology
(including software), component, or material that enables
communications by radio or wire.
(3) Information and communication technology supply
chain.--The term ``information and communication technology
supply chain'' means all of the companies that produce
information and communication technology.
(4) Not trusted.--The term ``not trusted'' means, with
respect to a company or information and communication
technology, that the company or information and communication
technology is determined by the Secretary to pose an
unacceptable risk to the national security of the United States
or the security and safety of United States persons based
solely on one or more determinations described under paragraphs
(1) through (4) of section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C. 1601(c)).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary.
(6) Trusted.--The term ``trusted'' means, with respect to a
company, that the Secretary has not determined that the company
is not trusted.
(7) Trusted information and communication technology
vendor.--The term ``trusted information and communication
technology vendor'' means a company--
(A) that produces information and communication
technology; and
(B) that is trusted.
SEC. 403. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110A. DIGITAL ECONOMY AND CYBERSECURITY BOARD OF ADVISORS.
``(a) Establishment.--There is established within the NTIA a
Digital Economy and Cybersecurity Board of Advisors (in this section
referred to as the `Board').
``(b) Duties.--The Board shall provide to the Under Secretary
recommendations (for implementation by the Under Secretary or that the
Under Secretary could recommend for implementation by other appropriate
entities) with respect to the following:
``(1) Technical cybersecurity best practices that enable
economic growth while securing information and communications
networks, including practices that Federal and non-Federal
entities can implement to secure internet routing protocols,
including the Border Gateway Protocol used by Federal and non-
Federal entities.
``(2) Cybersecurity policies to support the development and
implementation of cybersecurity practices with respect to the
internet and information and communications networks.
``(3) Policies that foster collaboration through public-
private partnerships to promote the security and resilience to
cybersecurity incidents of information and communications
networks while fostering innovation, including policies that
promote secure supply chains for information and communications
networks.
``(4) Policies to remove barriers to trust, security,
innovation, and commercialization with respect to information
and communications networks.
``(c) Members.--
``(1) Composition.--
``(A) In general.--The Board shall be composed of
not fewer than 5, and not more than 25, members
appointed by the Under Secretary.
``(B) Expertise.--Each member of the Board shall
have cybersecurity or supply chain security technical
expertise, cybersecurity or supply chain security
policy expertise, or expertise in managing or
overseeing the cybersecurity or supply chain security
functions of a business.
``(C) Representation.--In appointing members of the
Board under subparagraph (A), the Under Secretary shall
ensure that the members appointed provide a balanced
representation of the following:
``(i) Chief cybersecurity officers or other
qualified individuals employed in cybersecurity
positions, representing both the public and
private sectors.
``(ii) Persons who operate or maintain
information and communications networks,
including persons who operate or maintain small
or rural information and communications
networks.
``(iii) Vendors that produce or provide
equipment used in information and
communications networks.
``(iv) Vendors that produce or provide
software used in information and communications
networks.
``(v) Persons who operate or maintain
internet applications.
``(2) Terms.--
``(A) In general.--Except as provided in
subparagraphs (C) and (D), each member of the Board
shall be appointed for a term of a length not to exceed
2 years, to be determined by the Under Secretary.
``(B) Reappointment.--A member of the Board,
including a member appointed to fill a vacancy as
provided in subparagraph (D), may be reappointed for 1
or more additional terms by the Under Secretary.
``(C) Removal.--The Under Secretary may remove a
member of the Board at the discretion of the Under
Secretary.
``(D) Vacancy.--Any member of the Board appointed
to fill a vacancy occurring before the expiration of
the term for which the predecessor of the member was
appointed shall be appointed only for the remainder of
such term. A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
``(3) Chair.--The Chair of the Board shall be the Associate
Administrator of the NTIA for Policy Development and
Cybersecurity.
``(4) Compensation.--The members of the Board shall serve
without compensation.
``(d) Subcommittees.--
``(1) Authority.--Subject to the approval of the Under
Secretary, as the Under Secretary determines necessary for the
performance by the Board of the duties described in subsection
(b), the Board may establish subcommittees, working groups,
standing committees, ad hoc groups, task groups, or other
subgroups of the Board.
``(2) Limitation.--Any subcommittee, working group,
standing committee, ad hoc group, task group, or other subgroup
of the Board established under paragraph (1)--
``(A) shall report to the Board; and
``(B) may not provide any advice, recommendation,
or other work product directly to the Under Secretary.
``(e) Termination.--Notwithstanding section 1013 of title 5, United
States Code, the Board shall terminate on the date that is 4 years
after the date of the enactment of this section.
``(f) Definitions.--In this section:
``(1) Border gateway protocol.--The term `Border Gateway
Protocol' means the routing protocol used to exchange network
reachability information among independently managed networks
on the internet.
``(2) Information and communications network.--The term
`information and communications network' means a network that
provides advanced telecommunications capability (as defined in
section 706(d) of the Telecommunications Act of 1996 (47 U.S.C.
1302(d))).''.
SEC. 404. CYBERSECURITY LITERACY.
(a) Sense of Congress.--It is the sense of Congress that the United
States has a national security and economic interest in promoting
cybersecurity literacy amongst the general public.
(b) In General.--The Under Secretary shall develop and conduct a
cybersecurity literacy campaign (which shall be available in multiple
languages and formats, if practicable) to increase the knowledge and
awareness of individuals in the United States with respect to best
practices to reduce cybersecurity risks.
(c) Campaign Requirements.--In carrying out subsection (b), the
Under Secretary shall--
(1) educate individuals in the United States on how to
prevent and mitigate cyberattacks and cybersecurity risks,
including by--
(A) instructing such individuals on how to
identify--
(i) phishing emails and messages; and
(ii) secure websites;
(B) instructing such individuals about the benefits
of changing default passwords on hardware and software
technology;
(C) encouraging the use of cybersecurity tools,
including--
(i) multi-factor authentication;
(ii) complex passwords;
(iii) anti-virus software;
(iv) patching and updating software and
applications; and
(v) virtual private networks;
(D) identifying the devices that could pose
possible cybersecurity risks, including--
(i) personal computers;
(ii) smartphones;
(iii) tablets;
(iv) Wi-Fi routers;
(v) smart home appliances;
(vi) webcams;
(vii) internet-connected monitors; and
(viii) any other device that can be
connected to the internet, including mobile
devices other than smartphones and tablets;
(E) encouraging such individuals to--
(i) regularly review mobile application
permissions;
(ii) decline privilege requests from mobile
applications that are unnecessary;
(iii) download applications only from
trusted vendors or sources; and
(iv) consider a product's life cycle and
the developer or manufacturer's commitment to
providing security updates during a connected
device's expected period of use; and
(F) identifying the potential cybersecurity risks
of using publicly available Wi-Fi networks and the
methods a user may utilize to limit such risks; and
(2) encourage individuals in the United States to use
resources to help mitigate the cybersecurity risks identified
in this subsection.
SEC. 405. UNDERSTANDING CYBERSECURITY OF MOBILE NETWORKS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Under Secretary, in consultation with the
Department of Homeland Security, shall submit to the Committee on
Energy and Commerce of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a report
examining the cybersecurity of mobile service networks and the
vulnerability of such networks and mobile devices to cyberattacks and
surveillance conducted by adversaries.
(b) Matters To Be Included.--The report required by subsection (a)
shall include the following:
(1) An assessment of the degree to which providers of
mobile service have addressed, are addressing, or have not
addressed cybersecurity vulnerabilities (including
vulnerabilities the exploitation of which could lead to
surveillance conducted by adversaries) identified by academic
and independent researchers, multistakeholder standards and
technical organizations, industry experts, and Federal
agencies, including in relevant reports of--
(A) the NTIA;
(B) the National Institute of Standards and
Technology; and
(C) the Department of Homeland Security,
including--
(i) the Cybersecurity and Infrastructure
Security Agency; and
(ii) the Science and Technology
Directorate.
(2) A discussion of--
(A) the degree to which customers (including
consumers, companies, and government agencies) consider
cybersecurity as a factor when considering the purchase
of mobile service and mobile devices; and
(B) the commercial availability of tools,
frameworks, best practices, and other resources for
enabling such customers to evaluate cybersecurity risk
and price tradeoffs.
(3) A discussion of the degree to which providers of mobile
service have implemented cybersecurity best practices and risk
assessment frameworks.
(4) An estimate and discussion of the prevalence and
efficacy of encryption and authentication algorithms and
techniques used in each of the following:
(A) Mobile service.
(B) Mobile communications equipment or services.
(C) Commonly used mobile phones and other mobile
devices.
(D) Commonly used mobile operating systems and
communications software and applications.
(5) A discussion of the barriers for providers of mobile
service to adopt more efficacious encryption and authentication
algorithms and techniques and to prohibit the use of older
encryption and authentication algorithms and techniques with
established vulnerabilities in mobile service, mobile
communications equipment or services, and mobile phones and
other mobile devices.
(6) An estimate and discussion of the prevalence, usage,
and availability of technologies that authenticate legitimate
mobile service and mobile communications equipment or services
to which mobile phones and other mobile devices are connected.
(7) An estimate and discussion of the prevalence, costs,
commercial availability, and usage by adversaries in the United
States of cell site simulators (often known as international
mobile subscriber identity catchers) and other mobile service
surveillance and interception technologies.
(c) Consultation.--In preparing the report required by subsection
(a), the Under Secretary shall, to the degree practicable, consult
with--
(1) the Commission;
(2) the National Institute of Standards and Technology;
(3) the intelligence community;
(4) the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security;
(5) the Science and Technology Directorate of the
Department of Homeland Security;
(6) academic and independent researchers with expertise in
privacy, encryption, cybersecurity, and network threats;
(7) participants in multistakeholder standards and
technical organizations (including the 3rd Generation
Partnership Project and the Internet Engineering Task Force);
(8) international stakeholders, in coordination with the
Department of State as appropriate;
(9) providers of mobile service, including small providers
(or the representatives of such providers) and rural providers
(or the representatives of such providers);
(10) manufacturers, operators, and providers of mobile
communications equipment or services and mobile phones and
other mobile devices;
(11) developers of mobile operating systems and
communications software and applications; and
(12) other experts that the Under Secretary considers
appropriate.
(d) Scope of Report.--The Under Secretary shall--
(1) limit the report required by subsection (a) to mobile
service networks;
(2) exclude consideration of 5G protocols and networks in
the report required by subsection (a);
(3) limit the assessment required by subsection (b)(1) to
vulnerabilities that have been shown to be--
(A) exploited in non-laboratory settings; or
(B) feasibly and practicably exploitable in real-
world conditions; and
(4) consider in the report required by subsection (a)
vulnerabilities that have been effectively mitigated by
manufacturers of mobile phones and other mobile devices.
(e) Form of Report.--
(1) Classified information.--The report required by
subsection (a) shall be produced in unclassified form but may
contain a classified annex.
(2) Potentially exploitable unclassified information.--The
Under Secretary shall redact potentially exploitable
unclassified information from the report required by subsection
(a) but shall provide an unredacted form of the report to the
committees described in such subsection.
(f) Definitions.--In this section:
(1) Adversary.--The term ``adversary'' includes--
(A) any unauthorized hacker or other intruder into
a mobile service network; and
(B) any foreign government or foreign nongovernment
person engaged in a long-term pattern or serious
instances of conduct significantly adverse to the
national security of the United States or security and
safety of United States persons.
(2) Entity.--The term ``entity'' means a partnership,
association, trust, joint venture, corporation, group,
subgroup, or other organization.
(3) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3 of the
National Security Act of 1947 (50 U.S.C. 3003).
(4) Mobile communications equipment or service.--The term
``mobile communications equipment or service'' means any
equipment or service that is essential to the provision of
mobile service.
(5) Mobile service.--The term ``mobile service'' means, to
the extent provided to United States customers, either or both
of the following services:
(A) Commercial mobile service (as defined in
section 332(d) of the Communications Act of 1934 (47
U.S.C. 332(d))).
(B) Commercial mobile data service (as defined in
section 6001 of the Middle Class Tax Relief and Job
Creation Act of 2012 (47 U.S.C. 1401)).
(6) Person.--The term ``person'' means an individual or
entity.
(7) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or
an alien lawfully admitted for permanent residence to
the United States;
(B) an entity organized under the laws of the
United States or any jurisdiction within the United
States, including a foreign branch of such an entity;
or
(C) any person in the United States.
SEC. 406. OPEN RAN OUTREACH.
(a) In General.--The Under Secretary shall conduct outreach and
provide technical assistance to small communications network
providers--
(1) to raise awareness regarding the uses, benefits, and
challenges of Open RAN networks and other open network
architectures; and
(2) regarding participation in the grant program
established under section 9202(a)(1) of the William M. (Mac)
Thornberry National Defense Authorization Act for Fiscal Year
2021 (47 U.S.C. 906(a)(1)).
(b) Definitions.--In this section:
(1) Under secretary.--The term ``Under Secretary'' means
the Under Secretary, acting through the head of the Office of
Internet Connectivity and Growth.
(2) Open network architecture.--The term ``open network
architecture'' means Open RAN networks and other network
elements that follow a set of published open standards for
multi-vendor network equipment interoperability, including open
core and open transport.
(3) Open ran network.--The term ``Open RAN network'' means
a wireless network that follows the Open Radio Access Network
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.
TITLE V--OFFICE OF PUBLIC SAFETY COMMUNICATIONS
SEC. 501. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY COMMUNICATIONS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110B. ESTABLISHMENT OF THE OFFICE OF PUBLIC SAFETY
COMMUNICATIONS.
``(a) Establishment.--There is established within the NTIA an
Office of Public Safety Communications (in this section referred to as
the `Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for Public Safety Communications (in
this section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary.
``(c) Duties.--The Associate Administrator shall, at the direction
of the Under Secretary--
``(1) administer any grant program of the Federal
Government related to Next Generation 9-1-1 on behalf of the
Under Secretary;
``(2) analyze public safety policy communications issues,
including by obtaining such analysis;
``(3) provide to the Under Secretary advice and assistance
with respect to the Under Secretary--
``(A) carrying out the responsibilities of the NTIA
related to public safety communications policy; and
``(B) evaluating the domestic impact of public
safety communications matters pending before the
Commission, Congress, or other entities of the
executive branch of the Federal Government;
``(4) carry out any duties established under section 10 of
Department Organizational Order 25-7 of the Department of
Commerce titled `National Telecommunications and Information
Administration', effective September 17, 2012;
``(5) be responsible for the oversight of--
``(A) the studies carried out by the Federal
Government relating to enhancing public safety
communication; and
``(B) the prototyping (including leading edge
prototyping) and deployment by the Federal Government
of advanced communications technologies that enhance
public safety communications, including through test-
protocol, model, or simulation tools for the testing
and validation of such technologies;
``(6) communicate public safety communications policies to
public entities, including the Commission and Congress, or
private entities; and
``(7) carry out any duties regarding the responsibilities
of the NTIA with respect to public safety communications policy
as the Under Secretary may designate.''.
TITLE VI--OFFICE OF INTERNATIONAL AFFAIRS
SEC. 601. OFFICE OF INTERNATIONAL AFFAIRS.
Part A of the National Telecommunications and Information
Administration Organization Act (47 U.S.C. 901 et seq.), as amended by
the preceding provisions of this Act, is further amended by adding at
the end the following:
``SEC. 110C. OFFICE OF INTERNATIONAL AFFAIRS.
``(a) Establishment.--There is established within the NTIA an
Office of International Affairs (in this section referred to as the
`Office').
``(b) Head of Office.--
``(1) In general.--The head of the Office shall be an
Associate Administrator for International Affairs (in this
section referred to as the `Associate Administrator').
``(2) Career position.--The position of Associate
Administrator shall be a career position in the Senior
Executive Service occupied by a career appointee (as that term
is defined in section 3132(a)(4) of title 5, United States
Code).
``(3) Requirement to report.--The Associate Administrator
shall report to the Under Secretary.
``(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 responsibilities under the Communications
Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal
laws related to international telecommunications and
information policy; and
``(11) carry out any other duties of the NTIA with respect
to international telecommunications and information policy that
the Under Secretary may designate.''.
SEC. 602. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW
PROCESS.
(a) In General.--Part A of the National Telecommunications and
Information Administration Organization Act (47 U.S.C. 901 et seq.), as
amended by the preceding provisions of this Act, is further amended by
adding at the end the following:
``SEC. 110D. ESTABLISHMENT OF INTERAGENCY NATIONAL SECURITY REVIEW
PROCESS.
``(a) Establishment.--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 with more than the
threshold foreign ownership limit, after the covered applicant declines
an opportunity to remedy the foreign ownership of the covered
applicant, is subject to review under the review process established
pursuant to subsection (a).
``(c) Process and Procedural Requirements.--
``(1) Referral for review.--
``(A) Requirement for fcc to refer complete
application.--The Commission shall refer any covered
application subject to the review process established
pursuant to subsection (a) to the Under Secretary
promptly after the Commission determines that the
covered application, under the rules and regulations of
the Commission, is complete.
``(B) Referral of other requests.--The Commission
may refer for review under the review process
established pursuant to subsection (a) any other
request for action by the Commission for which the
Commission determines review is necessary under such
process.
``(2) Interagency review deadline; determination.--
``(A) In general.--Not later than 120 days after
the date on which the Under Secretary receives a
referral from the Commission pursuant to paragraph
(1)--
``(i) the review of the covered application
or other request under the review process
established pursuant to subsection (a) shall be
completed;
``(ii) the Under Secretary, in coordination
with the head of each appropriate Federal
entity, shall make a determination--
``(I) to recommend to the
Commission that the Commission grant,
grant conditioned on mitigation, or
deny the covered application or other
request; or
``(II) that the Under Secretary
cannot make a recommendation with
respect to the covered application or
other request; and
``(iii) if the Under Secretary determines
under clause (ii) that the Under Secretary
cannot make a recommendation with respect to
the covered application or other request, the
President 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.
``(B) 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.
``(C) Notification of extension.--If the Under
Secretary, in coordination with the head of each
appropriate Federal entity, extends the deadline
pursuant to subparagraph (B), the Under Secretary shall
notify the covered applicant or other requesting party
of the extension.
``(3) Notification of determination.--Not later than 3 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)(A) 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 for an update with respect to the status of
the review of the covered application or other request of the
covered applicant or other requesting party 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 the covered applicant or other
requesting party, the Commission, and the appropriate
congressional committees.
``(5) Standardization of information required.--With
respect to the review process established pursuant to
subsection (a), the Under Secretary, in coordination with 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 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.
``(B) Information disclosed to Congress or a duly
authorized committee or subcommittee of Congress.
``(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.
``(D) Information disclosed to a third party by
mutual agreement of a covered applicant and the Under
Secretary, in consultation with appropriate Federal
entities.
``(e) Rule of Construction.--Except as provided in subsection (d),
nothing in this section may be construed as limiting, superseding, or
preventing the invocation of any privileges or defenses that are
otherwise available at law or in equity to protect against the
disclosure of information.
``(f) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
``(2) Appropriate federal entities.--The term `appropriate
Federal entities' means the following:
``(A) The Department of Commerce.
``(B) The Department of Defense.
``(C) The Department of Homeland Security.
``(D) The Department of Justice.
``(E) The Department of the Treasury.
``(F) The Department of State.
``(G) The United States Trade Representative.
``(H) The Federal Bureau of Investigation.
``(I) The Executive Office of the President.
``(J) The Office of the Director of National
Intelligence.
``(3) Classified information.--The term `classified
information' means any information or material that has been
determined by the Federal Government pursuant to an Executive
order, statute, or regulation, to require protection against
unauthorized disclosure for reasons of national security.
``(4) Covered applicant.--The term `covered applicant'
means an entity seeking approval of a covered application from
the Commission.
``(5) Covered application.--
``(A) In general.--The term `covered application'
means--
``(i) an application under section 214(a)
of the Communications Act of 1934 (47 U.S.C.
214(a)) for authorization to undertake the
construction of a new line or of an extension
of any line, or to acquire or operate any line,
or extension thereof, or to engage in
transmission over or by means of such
additional or extended line;
``(ii) an application under the Act titled
`An Act relating to the landing and operation
of submarine cables in the United States,'
approved May 27, 1921 (47 U.S.C. 34 et seq.; 42
Stat. 8) for--
``(I) a submarine cable landing
license; or
``(II) an assignment or transfer of
control of a submarine cable landing
license; or
``(iii) an application for a new license,
or for the transfer, assignment, or disposal of
an existing license under section 310(d) of the
Communications Act of 1934 (47 U.S.C. 310(d)),
that is--
``(I) subject to approval by the
Commission under section 310(b)(4) of
such Act (47 U.S.C. 310(b)(4)); or
``(II) eligible, under the rules of
the Commission, for forbearance under
section 10 of such Act (47 U.S.C. 160)
from the application of paragraph (1),
(2), or (3) of section 310(b) of such
Act (47 U.S.C. 310(b)).
``(B) Limitation.--The term `covered application'
does not include the following:
``(i) An application described in
subparagraph (A) with respect to which the
applicant seeks to transfer, assign, or
otherwise dispose of an authorization or
license to an entity that--
``(I) is owned or controlled by
such applicant;
``(II) owns or controls such
applicant; or
``(III) is under common ownership
or control with such applicant.
``(ii) An application described in
subparagraph (A) with respect to which the
applicant--
``(I) is an applicant that has been
previously approved under the review
process established pursuant to
subsection (a); and
``(II) at the time of such
application does not have a level of
foreign ownership that is more than 5
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) of this
subsection;
``(B) any amount, in the case of an application
described in paragraph (5)(B) of this subsection; or
``(C) at least an amount sufficient for section
310(b) of such Act (47 U.S.C. 310(b)) to apply, in the
case of an application described in paragraph (5)(C) of
this subsection.''.
(b) Applicability.--This section, and the amendment made by this
section, shall apply to any covered application (as such term is
defined in section 110B 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 110B.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Communications and Technology.
Referred to the House Committee on Energy and Commerce.
Forwarded by Subcommittee to Full Committee by Voice Vote.
Subcommittee Consideration and Mark-up Session Held
Committee Consideration and Mark-up Session Held.
Ordered to be Reported in the Nature of a Substitute (Amended) by the Yeas and Nays: 48 - 0.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-249.
Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 118-249.
Placed on the Union Calendar, Calendar No. 199.
Mr. Latta moved to suspend the rules and pass the bill, as amended.
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Considered under suspension of the rules. (consideration: CR H3014-3027)
DEBATE - The House proceeded with forty minutes of debate on H.R. 4510.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H3253-3254)
Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 374 - 36 (Roll no. 205). (text: 5/14/2024 CR H3014-3025)
Roll Call #205 (House)On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays: (2/3 required): 374 - 36 (Roll no. 205). (text: 5/14/2024 CR H3014-3025)
Roll Call #205 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Commerce, Science, and Transportation.