HR4510-118

1. Short title; table of contents This Act may be cited as the National Telecommunications and Information Administration Reauthorization Act of 2024 or the NTIA Reauthorization Act of 2024. The table of contents for this Act is as follows:

2. Definitions In this Act: The term Commission means the Federal Communications Commission. The term NTIA means the National Telecommunications and Information Administration. The term Under Secretary means the Under Secretary of Commerce for Communications and Information.

102. NTIA Consolidated Reporting Act Section 6001(d) of the American Recovery and Reinvestment Act of 2009 (47 U.S.C. 1305(d)) is amended— in paragraph (2), by striking the semicolon at the end and inserting ; and; in paragraph (3), by striking ; and and inserting a period; and by striking paragraph (4). Sections 154, 155, and 156 of the National Telecommunications and Information Administration Organization Act are repealed. 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— 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 by striking Reports to Congress and all that follows through For each fiscal year and inserting Annual report to Congress.—For each fiscal year. Section 105(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 904(a)) is amended— by striking paragraph (2); and by redesignating paragraph (3) as paragraph (2). Nothing in this subsection or the amendments made by this subsection may be construed to expand or contract the authority of the Secretary, the Under Secretary, the NTIA, or the Commission. Nothing in this subsection or the amendments made by this subsection may be construed to prohibit or otherwise prevent the Secretary, the Under Secretary, the NTIA, or the Commission from producing any additional reports otherwise within the authority of the Secretary, the Under Secretary, the NTIA, or the Commission, respectively. 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. The reports described in this paragraph are the following: 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)). 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)). 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)). 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. Section 903(c)(2)(C) of division FF of the Consolidated Appropriations Act, 2021 (47 U.S.C. 1307(c)(2)(C)) is amended— in the matter preceding clause (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 by inserting , for the fiscal year ending most recently before the beginning of such quarter, after a report; and in clause (i), by striking for the previous year. Section 60306(a)(1) of the Infrastructure Investment and Jobs Act (47 U.S.C. 1725(a)(1)) is amended— 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 in subparagraph (A)— by inserting in the first quarter of the first calendar year that begins after the end of such fiscal year, before submit; and by striking , for the year covered by the report. 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. 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. 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. 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. In this section, the term Secretary means the Secretary of Commerce.

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: There is established within the NTIA an Office of Spectrum Management (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Spectrum Management (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— 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; 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; represent the interests of Federal agencies in the process through which the Commission and the NTIA jointly determine the National Table of Frequency Allocations, and coordinate with the Commission in the development of a comprehensive long-range plan for improved management of all electromagnetic spectrum resources; appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the ISAC (as defined in section 107(d)); 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; 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); advise and assist the Under Secretary on spectrum-related technical and policy issues regarding— the security of telecommunications in the United States; and systems and means to ensure such security; 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); carry out spectrum-related responsibilities under section 103(b)(2)(Q) (relating to certain activities with respect to telecommunications resources); carry out responsibilities under section 107 (relating to improving spectrum management); and carry out any other duties of the NTIA with respect to spectrum policy that the Under Secretary may designate. 106.Office of Spectrum Management (a)EstablishmentThere is established within the NTIA an Office of Spectrum Management (in this section referred to as the Office). (b)Head of Office (1)In generalThe head of the Office shall be an Associate Administrator for Spectrum Management (in this section referred to as the Associate Administrator). (2)Requirement to reportThe Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). (c)DutiesThe Associate Administrator shall, at the direction of the Under Secretary— (1)carry out responsibilities under section 103(b)(2)(A) (relating to frequency assignments for radio stations belonging to and operated by the United States), make frequency allocations for frequencies that will be used by such stations, and develop and maintain techniques, databases, measurements, files, and procedures necessary for such allocations; (2)carry out responsibilities under section 103(b)(2)(K) (relating to establishing policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States) and provide Federal agencies with guidance to ensure that the conduct of telecommunications activities by such agencies is consistent with such policies; (3)represent the interests of Federal agencies in the process through which the Commission and the NTIA jointly determine the National Table of Frequency Allocations, and coordinate with the Commission in the development of a comprehensive long-range plan for improved management of all electromagnetic spectrum resources; (4)appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the ISAC (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..

106. Office of Spectrum Management There is established within the NTIA an Office of Spectrum Management (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Spectrum Management (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— 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; 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; represent the interests of Federal agencies in the process through which the Commission and the NTIA jointly determine the National Table of Frequency Allocations, and coordinate with the Commission in the development of a comprehensive long-range plan for improved management of all electromagnetic spectrum resources; appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the ISAC (as defined in section 107(d)); 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; 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); advise and assist the Under Secretary on spectrum-related technical and policy issues regarding— the security of telecommunications in the United States; and systems and means to ensure such security; 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); carry out spectrum-related responsibilities under section 103(b)(2)(Q) (relating to certain activities with respect to telecommunications resources); carry out responsibilities under section 107 (relating to improving spectrum management); and carry out any other duties of the NTIA with respect to spectrum policy that the Under Secretary may designate.

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: 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— when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum; the Federal entities that may be impacted by the spectrum action; when the Under Secretary provided notice to the Federal entities described in subparagraph (B) regarding the spectrum action; a summary of any general technical or procedural concerns raised by Federal entities to the Under Secretary regarding the spectrum action; and any policy concerns of the Under Secretary regarding the spectrum action. 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— when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum; whether the Under Secretary raised technical, procedural, or policy concerns regarding the spectrum action; and how any concerns described in subparagraph (B) were resolved. 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). 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, or in a classified non-public filing made in accordance with subparagraph (B), with respect to the proceeding of the Commission relating to the spectrum action. Any classified information that is filed by the Under Secretary on behalf of a Federal entity with respect to the proceeding of the Commission relating to a spectrum action shall be filed in accordance with Commission procedures and using appropriate protective measures to prevent unauthorized disclosure. Not later than 180 days after the date of the enactment of this section, the Under Secretary shall establish a charter for the ISAC. The head of each Federal entity that is reflected in the membership of the ISAC, 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 ISAC. If an individual appointed under subparagraph (A) is not eligible to receive a security clearance described in that subparagraph— the appointment shall be invalid; and 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. An individual appointed under paragraph (2) shall— oversee the spectrum coordination policies and procedures of the applicable Federal entity; be responsible for timely notification to the ISAC and to the Under Secretary of technical or procedural concerns of the applicable Federal entity regarding a spectrum action; and work closely with the representative of the applicable Federal entity to the Interdepartmental Radio Advisory Committee. 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 ISAC, as appointed under such paragraph. The Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the ISAC appointed under paragraph (2). 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. 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. 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. In this section: The term ISAC means the interagency advisory body that, as of the date of the enactment of this section, is known as the Interagency Spectrum Advisory Council. 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. The term spectrum action means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or that could potentially cause interference to the spectrum operations of a Federal entity. 107.Improving Spectrum Management (a)Federal coordination procedures (1)NoticeWith 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 ruleIf 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 constructionNothing 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 (A)In generalThe 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, or in a classified non-public filing made in accordance with subparagraph (B), with respect to the proceeding of the Commission relating to the spectrum action. (B)Classified informationAny classified information that is filed by the Under Secretary on behalf of a Federal entity with respect to the proceeding of the Commission relating to a spectrum action shall be filed in accordance with Commission procedures and using appropriate protective measures to prevent unauthorized disclosure. (b)Federal spectrum coordination responsibilities (1)In generalNot later than 180 days after the date of the enactment of this section, the Under Secretary shall establish a charter for the ISAC. (2)ISAC representative (A)In generalThe head of each Federal entity that is reflected in the membership of the ISAC, 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 ISAC. (B)Security clearance requirementIf 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)DutiesAn 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 ISAC 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 generalThe 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 ISAC, as appointed under such paragraph. (B)NTIA responsibilityThe Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the ISAC appointed under paragraph (2). (5)Annual reportIn 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)UpdatesNot 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 updateThe 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)DefinitionsIn this section: (1)ISACThe term ISAC means the interagency advisory body that, as of the date of the enactment of this section, is known as the Interagency Spectrum Advisory Council. (2)MemorandumThe 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. (3)Spectrum actionThe term spectrum action means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or that could potentially cause interference to the spectrum operations of a Federal entity..

107. Improving Spectrum Management 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— when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum; the Federal entities that may be impacted by the spectrum action; when the Under Secretary provided notice to the Federal entities described in subparagraph (B) regarding the spectrum action; a summary of any general technical or procedural concerns raised by Federal entities to the Under Secretary regarding the spectrum action; and any policy concerns of the Under Secretary regarding the spectrum action. 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— when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum; whether the Under Secretary raised technical, procedural, or policy concerns regarding the spectrum action; and how any concerns described in subparagraph (B) were resolved. 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). 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, or in a classified non-public filing made in accordance with subparagraph (B), with respect to the proceeding of the Commission relating to the spectrum action. Any classified information that is filed by the Under Secretary on behalf of a Federal entity with respect to the proceeding of the Commission relating to a spectrum action shall be filed in accordance with Commission procedures and using appropriate protective measures to prevent unauthorized disclosure. Not later than 180 days after the date of the enactment of this section, the Under Secretary shall establish a charter for the ISAC. The head of each Federal entity that is reflected in the membership of the ISAC, 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 ISAC. If an individual appointed under subparagraph (A) is not eligible to receive a security clearance described in that subparagraph— the appointment shall be invalid; and 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. An individual appointed under paragraph (2) shall— oversee the spectrum coordination policies and procedures of the applicable Federal entity; be responsible for timely notification to the ISAC and to the Under Secretary of technical or procedural concerns of the applicable Federal entity regarding a spectrum action; and work closely with the representative of the applicable Federal entity to the Interdepartmental Radio Advisory Committee. 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 ISAC, as appointed under such paragraph. The Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the ISAC appointed under paragraph (2). 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. 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. 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. In this section: The term ISAC means the interagency advisory body that, as of the date of the enactment of this section, is known as the Interagency Spectrum Advisory Council. 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. The term spectrum action means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or that could potentially cause interference to the spectrum operations of a Federal entity.

203. Spectrum management improvements Consistent with subparagraphs (F), (L), (P), and (U) of section 103(b)(2) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 902(b)(2)), the Under Secretary, in coordination with the Commission and in consultation with other relevant Federal agencies, shall develop, establish, prototype, and support the implementation of common models, common methodologies, and common inputs to inform, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities, electromagnetic spectrum management decisions relating to— technologies and techniques to control radio frequency emissions and interference; 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; network sensing and monitoring technologies; advanced receivers that incorporate new technologies supporting new waveforms and multiple bands; dynamic spectrum access technologies across wireless systems and frequencies, including local-to-the-radio and cognitive multidomain access; novel spectrum access technologies; artificial intelligence systems to enable dynamic spectrum access, Internet of Things networks, and other advanced communications technologies; and optical and quantum 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: The Under Secretary shall identify and facilitate implementation of technologies that promote, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities— dynamic spectrum access; network sensing and monitoring; and optical and quantum communications. The Under Secretary shall, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities— encourage the development of, and broad participation in, a skilled workforce to conduct prototyping of advanced communications technologies; and support partnerships among institutions to develop a skilled workforce to conduct prototyping of advanced communications technologies. (f)Identification and facilitation of implementation of spectrum management technologiesThe Under Secretary shall identify and facilitate implementation of 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 technologiesThe 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..

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: 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). 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— study radio frequency emissions, including technologies and techniques to control such emissions and interference caused by such emissions; determine spectrum propagation characteristics; conduct tests on technology that enhances the sharing of electromagnetic spectrum between Federal and non-Federal users; improve the interference tolerance of Federal systems operating with, or using, Federal spectrum; 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 conduct such other activities as determined necessary by the Under Secretary. The Under Secretary may delegate to ITS any of the functions assigned to the Under Secretary under section 103(b)(1). 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: Sections 11 and 12 of the Stevenson–Wydler Technology Innovation Act of 1980. Section 1535 of title 31, United States Code. Sections 207 and 209 of title 35, United States Code. Section 103(b)(2) of this Act. Section 113(g) of this Act. The first undesignated section of Public Law 91–412. Authority provided under any other Federal statute. In this subsection, the term Federal spectrum means frequencies assigned on a primary basis to a Federal entity (as defined in section 113(l)). 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. 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— 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 support the development of technical specifications and conformance architecture to improve the operation and reliability of such emergency communication and tracking technologies. 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). 108.Institute for Telecommunication Sciences (a)Establishment (1)In generalUnder 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 generalIn 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 functionsThe Under Secretary may delegate to ITS any of the functions assigned to the Under Secretary under section 103(b)(1). (3)Agreements and transactionsIn 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 definedIn 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)EstablishmentThe 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)ActivitiesIn 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)ReportNot 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)..

108. Institute for Telecommunication Sciences 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). 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— study radio frequency emissions, including technologies and techniques to control such emissions and interference caused by such emissions; determine spectrum propagation characteristics; conduct tests on technology that enhances the sharing of electromagnetic spectrum between Federal and non-Federal users; improve the interference tolerance of Federal systems operating with, or using, Federal spectrum; 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 conduct such other activities as determined necessary by the Under Secretary. The Under Secretary may delegate to ITS any of the functions assigned to the Under Secretary under section 103(b)(1). 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: Sections 11 and 12 of the Stevenson–Wydler Technology Innovation Act of 1980. Section 1535 of title 31, United States Code. Sections 207 and 209 of title 35, United States Code. Section 103(b)(2) of this Act. Section 113(g) of this Act. The first undesignated section of Public Law 91–412. Authority provided under any other Federal statute. In this subsection, the term Federal spectrum means frequencies assigned on a primary basis to a Federal entity (as defined in section 113(l)). 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. 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— 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 support the development of technical specifications and conformance architecture to improve the operation and reliability of such emergency communication and tracking technologies. 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).

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: Not later than 90 days after the date of the enactment of this section, the Under Secretary shall establish within the NTIA a Commerce Spectrum Management Advisory Committee (referred to in this section as the CSMAC). A Federal advisory committee of the NTIA that is operating, on the date of the enactment of this section, under a charter for the purpose of carrying out duties substantially similar to the duties described in subsection (b), satisfies the requirements of paragraph (1) if the membership of such committee complies with subsection (c) or is modified to comply with such subsection not later than 90 days after the date of the enactment of this section. The CSMAC shall advise and make recommendations to the Under Secretary with respect to— developing and maintaining spectrum management policies that enable the United States to maintain or strengthen its global leadership role in the introduction of innovative communications technologies and services, including those that enable critical missions of the Federal Government; objectives that advance spectrum-based innovation, including facilitating access to— wireless broadband internet access service; space-based services; non-communications services, including radiolocation services and sensing services; and other emerging technologies; fostering increased spectrum sharing among all users; promoting innovation and rapid advances in technology that support the more efficient use of spectrum; authorizing radio systems and frequencies in a way that maximizes the benefits to the public; establishing a long-range spectrum planning process and identifying international opportunities to advance the economic interests of the United States through spectrum management; how best to leverage radio frequency-related research, development, and testing and evaluation efforts; 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; issues associated with spectrum sharing, including harmful interference and associated enforcement challenges; and developing balanced policies that promote licensed, unlicensed, and other forms of access to spectrum. To the extent practicable, the CSMAC shall be composed of not less than 10 but not more than 30 members appointed by the Under Secretary with the goal of providing a balanced representation of— non-Federal spectrum users; State government and local government; technology developers and manufacturers; academia; civil society; providers of mobile broadband internet access service and providers of fixed broadband internet access service, including— providers with customers in both domestic and international markets; small providers; and rural providers; providers of communications services using satellite communications networks; Federal agency spectrum users; and Tribal organizations. 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. Each member appointed under subparagraph (A) shall serve on the CSMAC at the pleasure and discretion of the Under Secretary. 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. The Chair, or Co-Chairs, as the case may be, shall serve at the pleasure and discretion of the Under Secretary. 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. The members of the CSMAC shall serve without compensation. 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. Any subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup established under paragraph (1)— shall report to the CSMAC; may not provide any advice, recommendation, or other work product directly to the Under Secretary; and may seek participation by any person who is not a member of the CSMAC to inform the activity of such subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup. Section 1013(a)(2)(B) of title 5, United States Code (relating to the termination of advisory committees) shall not apply to the CSMAC. 109.Commerce Spectrum Management Advisory Committee (a)Establishment (1)In generalNot later than 90 days after the date of the enactment of this section, the Under Secretary shall establish within the NTIA a Commerce Spectrum Management Advisory Committee (referred to in this section as the CSMAC). (2)Existing advisory committeesA Federal advisory committee of the NTIA that is operating, on the date of the enactment of this section, under a charter for the purpose of carrying out duties substantially similar to the duties described in subsection (b), satisfies the requirements of paragraph (1) if the membership of such committee complies with subsection (c) or is modified to comply with such subsection not later than 90 days after the date of the enactment of this section. (b)DutiesThe CSMAC shall advise and make recommendations to the Under Secretary with respect to— (1)developing and maintaining spectrum management policies that enable the United States to maintain or strengthen its global leadership role in the introduction of innovative communications technologies and services, including those that enable critical missions of the Federal Government; (2)objectives that advance spectrum-based innovation, including facilitating access to— (A)wireless broadband internet access service; (B)space-based services; (C)non-communications services, including radiolocation services and sensing services; and (D)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)issues associated with spectrum sharing, including harmful interference and associated enforcement challenges; and (10)developing balanced policies that promote licensed, unlicensed, and other forms of access to spectrum. (c)Members (1)Composition of CommitteeTo the extent practicable, the CSMAC shall be composed of not less than 10 but not more than 30 members appointed by the Under Secretary with the goal of providing a balanced representation of— (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; (G)providers of communications services using satellite communications networks; (H)Federal agency spectrum users; and (I)Tribal organizations. (2)Appointments (A)In generalThe 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)RemovalEach member appointed under subparagraph (A) shall serve on the CSMAC at the pleasure and discretion of the Under Secretary. (3)Chair (A)AppointmentThe 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)ServiceThe Chair, or Co-Chairs, as the case may be, shall serve at the pleasure and discretion of the Under Secretary. (4)VacancyA 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)CompensationThe members of the CSMAC shall serve without compensation. (d)Subcommittees (1)AuthoritySubject 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)Limitations and additional participationAny subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup established under paragraph (1)— (A)shall report to the CSMAC; (B)may not provide any advice, recommendation, or other work product directly to the Under Secretary; and (C)may seek participation by any person who is not a member of the CSMAC to inform the activity of such subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup. (e)DurationSection 1013(a)(2)(B) of title 5, United States Code (relating to the termination of advisory committees) shall not apply to the CSMAC..

109. Commerce Spectrum Management Advisory Committee Not later than 90 days after the date of the enactment of this section, the Under Secretary shall establish within the NTIA a Commerce Spectrum Management Advisory Committee (referred to in this section as the CSMAC). A Federal advisory committee of the NTIA that is operating, on the date of the enactment of this section, under a charter for the purpose of carrying out duties substantially similar to the duties described in subsection (b), satisfies the requirements of paragraph (1) if the membership of such committee complies with subsection (c) or is modified to comply with such subsection not later than 90 days after the date of the enactment of this section. The CSMAC shall advise and make recommendations to the Under Secretary with respect to— developing and maintaining spectrum management policies that enable the United States to maintain or strengthen its global leadership role in the introduction of innovative communications technologies and services, including those that enable critical missions of the Federal Government; objectives that advance spectrum-based innovation, including facilitating access to— wireless broadband internet access service; space-based services; non-communications services, including radiolocation services and sensing services; and other emerging technologies; fostering increased spectrum sharing among all users; promoting innovation and rapid advances in technology that support the more efficient use of spectrum; authorizing radio systems and frequencies in a way that maximizes the benefits to the public; establishing a long-range spectrum planning process and identifying international opportunities to advance the economic interests of the United States through spectrum management; how best to leverage radio frequency-related research, development, and testing and evaluation efforts; 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; issues associated with spectrum sharing, including harmful interference and associated enforcement challenges; and developing balanced policies that promote licensed, unlicensed, and other forms of access to spectrum. To the extent practicable, the CSMAC shall be composed of not less than 10 but not more than 30 members appointed by the Under Secretary with the goal of providing a balanced representation of— non-Federal spectrum users; State government and local government; technology developers and manufacturers; academia; civil society; providers of mobile broadband internet access service and providers of fixed broadband internet access service, including— providers with customers in both domestic and international markets; small providers; and rural providers; providers of communications services using satellite communications networks; Federal agency spectrum users; and Tribal organizations. 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. Each member appointed under subparagraph (A) shall serve on the CSMAC at the pleasure and discretion of the Under Secretary. 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. The Chair, or Co-Chairs, as the case may be, shall serve at the pleasure and discretion of the Under Secretary. 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. The members of the CSMAC shall serve without compensation. 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. Any subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup established under paragraph (1)— shall report to the CSMAC; may not provide any advice, recommendation, or other work product directly to the Under Secretary; and may seek participation by any person who is not a member of the CSMAC to inform the activity of such subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup. Section 1013(a)(2)(B) of title 5, United States Code (relating to the termination of advisory committees) shall not apply to the CSMAC.

206. Voluntary criteria, standards, ratings, and other measures for certain radio receivers Not later than 90 days after the date of the enactment of this Act, the Under Secretary shall convene a working group to assist the Under Secretary in developing, and periodically updating, voluntary criteria, standards, ratings, and other measures with respect to radio receivers operating in spectrum bands allocated for exclusive Federal use. The purpose of the voluntary criteria, standards, ratings, and other measures developed, and periodically updated, by the Under Secretary under this section, with the assistance of the working group, shall be to provide guidance on the design, manufacture, and sale of radio receivers designed (in whole or in part) to operate in spectrum bands allocated for exclusive Federal use— with respect to the incorporation of appropriate measures to mitigate, or enhance resiliency to, potential harmful interference; and with the goal of ensuring that the reasonable current and future use of cochannel and non-cochannel spectrum, including use by non-Federal systems of spectrum designated by the Commission for commercial operations, will not result in the operation of such receivers being seriously degraded or obstructed, including such operation being repeatedly interrupted. The Chair of the working group shall be the Under Secretary and the working group shall include representatives from the following: The Commission. The communications industry. Academia. Entities that manufacture radio receivers. Entities that establish technical specifications for radio receivers. The Under Secretary shall invite a representative from each Federal entity to participate in the working group. Chapter 10 of title 5, United States Code, shall not apply to the working group. Not later than 18 months after the date on which the working group is convened, the Under Secretary shall publish, consistent with the protection of classified information and intelligence sources and methods, the voluntary criteria, standards, ratings, and other measures developed pursuant to subsection (a) on a publicly accessible page on the website of the NTIA and in the Federal Register. Not less frequently than every 4 years, the Under Secretary shall review and update, if appropriate, the voluntary criteria, standards, ratings, and other measures published under subsection (b). Any such update shall be published as described in subsection (b) not later than 14 days after the date on which the update is completed. In developing, and periodically updating, voluntary criteria, standards, ratings, and other measures under this section, the Under Secretary shall take into consideration the unique technical and operational characteristics of different Federal systems. Nothing in this section may be construed to provide authority for the establishment of any— mandatory criteria, standards, ratings, or other measures; or voluntary criteria, standards, ratings, or other measures with technical parameters not determined by the Under Secretary. In this section: 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)). 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 use or allocated for shared Federal and non-Federal use. The term working group means the working group convened under subsection (a)(1).

301. National Strategy to Close Digital Divide 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— 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; synchronize interagency coordination among covered agencies for Federal broadband programs; 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 reduce barriers, lower costs, and ease administrative burdens for State, local, and Tribal governments to participate in Federal broadband programs. The Strategy shall— list all— Federal broadband programs; and 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; describe current, as of the date on which the Strategy is submitted, Federal efforts to coordinate Federal broadband programs; identify gaps, limitations, and requirements, including with respect to laws and data, that hinder, or may hinder, coordination across Federal broadband programs; establish clear roles and responsibilities for the heads of the covered agencies, as well as clear goals, objectives, and performance measures, for— the management of all Federal broadband programs; and interagency coordination efforts with respect to Federal broadband programs; address the sources and types of resources and investments needed by covered agencies to carry out the Strategy, and where those resources and investments should be targeted based on balancing risk reductions with costs; address factors that increase the costs and administrative burdens for State, local, and Tribal governments with respect to participation in Federal broadband programs; recommend incentives, legislative solutions, and administrative actions to help State, local, and Tribal governments more efficiently— distribute, and effectively administer, funding received from Federal broadband programs; and resolve conflicts with respect to the funding described in clause (i); recommend incentives, legislative solutions, and administrative actions to— improve the coordination and management of Federal broadband programs; and eliminate duplication with respect to Federal broadband programs; 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; identify gaps and limitations with respect to allowing regional, interstate, or cross-border economic development organizations to participate in Federal broadband programs; and address specific issues relating to closing the digital divide on Tribal lands. In developing the Strategy, the Under Secretary shall consult with— groups that represent consumers or the interests of the public, including economically or socially disadvantaged individuals; subject matter experts; providers of broadband internet access service; Tribal entities; and State and local agencies and entities. Not later than 240 days after the date on which the Under Secretary submits the Strategy to the appropriate committees of Congress under subsection (a)(1), the Under Secretary, in consultation with the heads of the covered agencies, shall develop and submit to the appropriate committees of Congress an implementation plan for the Strategy. The Implementation Plan shall, at a minimum— 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; provide a plan for coordinating with covered agencies on the roles, responsibilities, goals, objectives, and performance measures identified in the Strategy; describe the roles and responsibilities of the covered agencies, and the interagency mechanisms, to coordinate the implementation of the Strategy; 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; 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; 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— common data sets to use when making awards, including a requirement that covered agencies use the maps created under title VIII of the Communications Act of 1934 (47 U.S.C. 641 et seq.); and applications regarding those awards, as described in section 903(e) of the ACCESS BROADBAND Act (47 U.S.C. 1307(e)); 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; 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)); provide a plan to— increase awareness of, and participation and enrollment in, Federal broadband programs relating to the affordability and adoption of broadband internet access service; adopt common data sets to evaluate the performance of such Federal broadband programs and make such data sets available as open Government data assets; and address barriers to participation in such Federal broadband programs for eligible households; provide a plan to monitor the service offerings, consistency, and quality of broadband internet access service supported by Federal broadband programs; and describe the administrative and legislative action that is necessary to carry out the Strategy. 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 execution of the Implementation Plan. 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. The Under Secretary shall— implement the Strategy in accordance with the terms of the Implementation Plan; and 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. The Comptroller General of the United States shall conduct a study that shall— examine the efficacy of the Strategy and the Implementation Plan in closing the digital divide; and make recommendations regarding how to improve the Strategy and the Implementation Plan. 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). Nothing in this section may be construed to affect the authority or jurisdiction of the Commission or confer upon the Under Secretary or any executive agency the power to direct the actions of the Commission, either directly or indirectly. In this section: The term appropriate committees of Congress means— the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Energy and Commerce of the House of Representatives. The term covered agencies means— the Commission; the Department of Agriculture; the NTIA; the Department of Health and Human Services; the Appalachian Regional Commission; the Delta Regional Authority; the Economic Development Administration; the Department of Education; the Department of the Treasury; the Department of Transportation; the Institute of Museum and Library Services; the Northern Border Regional Commission; the Department of Housing and Urban Development; and the Department of the Interior. 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. The term Implementation Plan means the implementation plan developed under subsection (b)(1). The term State means each State of the United States, the District of Columbia, and each commonwealth, territory, or possession of the United States. The term Strategy means the National Strategy to Close the Digital Divide developed under subsection (a)(1).

401. Office of Policy Development and Cybersecurity 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: There is established within the NTIA an Office of Policy Development and Cybersecurity (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). 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. In carrying out paragraph (1), the Associate Administrator shall, at the direction of the Under Secretary— 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; 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; 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; promote increased collaboration between security researchers and providers of communications services and software system developers; 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)); 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; present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere; 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; 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; develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies; 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; 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; 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— within the Department of Commerce; between the Department of Commerce and State government agencies, as appropriate; and between the Department of Commerce and the Commission or any other Federal agency the Under Secretary determines to be necessary; and solicit and consider feedback from small and rural communications service providers, as appropriate. 110.Office of Policy Development and Cybersecurity (a)EstablishmentThere 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 generalThe head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the Associate Administrator). (2)Requirement to reportThe Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). (c)Duties (1)In generalThe 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 dutiesIn 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..

110. Office of Policy Development and Cybersecurity There is established within the NTIA an Office of Policy Development and Cybersecurity (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). 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. In carrying out paragraph (1), the Associate Administrator shall, at the direction of the Under Secretary— 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; 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; 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; promote increased collaboration between security researchers and providers of communications services and software system developers; 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)); 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; present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere; 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; 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; develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies; 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; 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; 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— within the Department of Commerce; between the Department of Commerce and State government agencies, as appropriate; and between the Department of Commerce and the Commission or any other Federal agency the Under Secretary determines to be necessary; and solicit and consider feedback from small and rural communications service providers, as appropriate.

402. Economic competitiveness of information and communication technology supply chain 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— identifies— information and communication technology critical to the economic competitiveness of the United States; and the industrial capacity of— United States vendors that produce information and communication technology identified under subparagraph (A); and trusted information and communication technology vendors that produce information and communication technology identified under subparagraph (A); assesses the economic competitiveness of vendors described under paragraph (1)(B); 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; identifies— what actions by the Federal Government are needed to support, and bolster the economic competitiveness of, trusted information and communication technology vendors; and what Federal resources are needed to reduce dependence by providers of advanced telecommunications capability in the United States on companies that— produce information and communication technology; and are not trusted; and 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. 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— recommendations on how— 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 the Federal Government can address any barriers to a market-based solution for increasing the economic competitiveness of such information and communication technology vendors; defined lines of effort and responsibilities for Federal agencies to implement the strategy; and a description of— any change to a Federal program, Federal law, or structure of the Federal Government necessary to implement any recommendation under subparagraph (A); and any additional Federal resource necessary to implement any recommendation under subparagraph (A). 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). In carrying out subsections (a) and (b), the Secretary shall consult with— a cross-section of trusted information and communication technology vendors; and the Secretary of State, the Secretary of Homeland Security, the Attorney General, the Director of National Intelligence, the Secretary of Defense, the Chair of the Commission, and any other head of an agency the Secretary determines necessary. In this section: 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)). The term information and communication technology means a technology (including software), component, or material that enables communications by radio or wire. The term information and communication technology supply chain means all of the companies that produce information and communication technology. 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)). The term Secretary means the Secretary of Commerce, acting through the Under Secretary. The term trusted means, with respect to a company, that the Secretary has not determined that the company is not trusted. The term trusted information and communication technology vendor means a company— that produces information and communication technology; and that is trusted.

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: There is established within the NTIA a Digital Economy and Cybersecurity Board of Advisors (in this section referred to as the Board). 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: 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. Cybersecurity policies to support the development and implementation of cybersecurity practices with respect to the internet and information and communications networks. 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. Policies to remove barriers to trust, security, innovation, and commercialization with respect to information and communications networks. The Board shall be composed of not fewer than 5, and not more than 25, members appointed by the Under Secretary. 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. 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: Chief cybersecurity officers or other qualified individuals employed in cybersecurity positions, representing both the public and private sectors. Persons who operate or maintain information and communications networks, including persons who operate or maintain small or rural information and communications networks. Vendors that produce or provide equipment used in information and communications networks. Vendors that produce or provide software used in information and communications networks. Persons who operate or maintain internet applications. 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. 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. The Under Secretary may remove a member of the Board at the discretion of the Under Secretary. 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. The Chair of the Board shall be the Associate Administrator of the NTIA for Policy Development and Cybersecurity. The members of the Board shall serve without compensation. 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. Any subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup of the Board established under paragraph (1)— shall report to the Board; and may not provide any advice, recommendation, or other work product directly to the Under Secretary. 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. In this section: The term Border Gateway Protocol means the routing protocol used to exchange network reachability information among independently managed networks on the internet. 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))). 110A.Digital Economy and Cybersecurity Board of Advisors (a)EstablishmentThere is established within the NTIA a Digital Economy and Cybersecurity Board of Advisors (in this section referred to as the Board). (b)DutiesThe 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 generalThe Board shall be composed of not fewer than 5, and not more than 25, members appointed by the Under Secretary. (B)ExpertiseEach 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)RepresentationIn 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 generalExcept 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)ReappointmentA 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)RemovalThe Under Secretary may remove a member of the Board at the discretion of the Under Secretary. (D)VacancyAny 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)ChairThe Chair of the Board shall be the Associate Administrator of the NTIA for Policy Development and Cybersecurity. (4)CompensationThe members of the Board shall serve without compensation. (d)Subcommittees (1)AuthoritySubject 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)LimitationAny 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)TerminationNotwithstanding 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)DefinitionsIn this section: (1)Border Gateway ProtocolThe 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 networkThe 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))). .

110A. Digital Economy and Cybersecurity Board of Advisors There is established within the NTIA a Digital Economy and Cybersecurity Board of Advisors (in this section referred to as the Board). 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: 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. Cybersecurity policies to support the development and implementation of cybersecurity practices with respect to the internet and information and communications networks. 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. Policies to remove barriers to trust, security, innovation, and commercialization with respect to information and communications networks. The Board shall be composed of not fewer than 5, and not more than 25, members appointed by the Under Secretary. 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. 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: Chief cybersecurity officers or other qualified individuals employed in cybersecurity positions, representing both the public and private sectors. Persons who operate or maintain information and communications networks, including persons who operate or maintain small or rural information and communications networks. Vendors that produce or provide equipment used in information and communications networks. Vendors that produce or provide software used in information and communications networks. Persons who operate or maintain internet applications. 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. 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. The Under Secretary may remove a member of the Board at the discretion of the Under Secretary. 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. The Chair of the Board shall be the Associate Administrator of the NTIA for Policy Development and Cybersecurity. The members of the Board shall serve without compensation. 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. Any subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup of the Board established under paragraph (1)— shall report to the Board; and may not provide any advice, recommendation, or other work product directly to the Under Secretary. 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. In this section: The term Border Gateway Protocol means the routing protocol used to exchange network reachability information among independently managed networks on the internet. 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))).

404. Cybersecurity literacy 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. 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. In carrying out subsection (b), the Under Secretary shall— educate individuals in the United States on how to prevent and mitigate cyberattacks and cybersecurity risks, including by— instructing such individuals on how to identify— phishing emails and messages; and secure websites; instructing such individuals about the benefits of changing default passwords on hardware and software technology; encouraging the use of cybersecurity tools, including— multi-factor authentication; complex passwords; anti-virus software; patching and updating software and applications; and virtual private networks; identifying the devices that could pose possible cybersecurity risks, including— personal computers; smartphones; tablets; Wi-Fi routers; smart home appliances; webcams; internet-connected monitors; and any other device that can be connected to the internet, including mobile devices other than smartphones and tablets; encouraging such individuals to— regularly review mobile application permissions; decline privilege requests from mobile applications that are unnecessary; download applications only from trusted vendors or sources; and 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 identifying the potential cybersecurity risks of using publicly available Wi-Fi networks and the methods a user may utilize to limit such risks; and encourage individuals in the United States to use resources to help mitigate the cybersecurity risks identified in this subsection.

405. Understanding cybersecurity of mobile networks 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. The report required by subsection (a) shall include the following: 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— the NTIA; the National Institute of Standards and Technology; and the Department of Homeland Security, including— the Cybersecurity and Infrastructure Security Agency; and the Science and Technology Directorate. A discussion of— 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 the commercial availability of tools, frameworks, best practices, and other resources for enabling such customers to evaluate cybersecurity risk and price tradeoffs. A discussion of the degree to which providers of mobile service have implemented cybersecurity best practices and risk assessment frameworks. An estimate and discussion of the prevalence and efficacy of encryption and authentication algorithms and techniques used in each of the following: Mobile service. Mobile communications equipment or services. Commonly used mobile phones and other mobile devices. Commonly used mobile operating systems and communications software and applications. 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. 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. 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. In preparing the report required by subsection (a), the Under Secretary shall, to the degree practicable, consult with— the Commission; the National Institute of Standards and Technology; the intelligence community; the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security; the Science and Technology Directorate of the Department of Homeland Security; academic and independent researchers with expertise in privacy, encryption, cybersecurity, and network threats; participants in multistakeholder standards and technical organizations (including the 3rd Generation Partnership Project and the Internet Engineering Task Force); international stakeholders, in coordination with the Department of State as appropriate; providers of mobile service, including small providers (or the representatives of such providers) and rural providers (or the representatives of such providers); manufacturers, operators, and providers of mobile communications equipment or services and mobile phones and other mobile devices; developers of mobile operating systems and communications software and applications; and other experts that the Under Secretary considers appropriate. The Under Secretary shall— limit the report required by subsection (a) to mobile service networks; exclude consideration of 5G protocols and networks in the report required by subsection (a); limit the assessment required by subsection (b)(1) to vulnerabilities that have been shown to be— exploited in non-laboratory settings; or feasibly and practicably exploitable in real-world conditions; and consider in the report required by subsection (a) vulnerabilities that have been effectively mitigated by manufacturers of mobile phones and other mobile devices. The report required by subsection (a) shall be produced in unclassified form but may contain a classified annex. 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. In this section: The term adversary includes— any unauthorized hacker or other intruder into a mobile service network; and 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. The term entity means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization. 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). The term mobile communications equipment or service means any equipment or service that is essential to the provision of mobile service. The term mobile service means, to the extent provided to United States customers, either or both of the following services: Commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))). 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)). The term person means an individual or entity. The term United States person means— an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; 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 any person in the United States.

406. Open RAN outreach The Under Secretary shall conduct outreach and provide technical assistance to small communications network providers— to raise awareness regarding the uses, benefits, and challenges of Open RAN networks and other open network architectures; and 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)). In this section: The term Under Secretary means the Under Secretary, acting through the head of the Office of Internet Connectivity and Growth. 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. The term Open RAN network means a wireless network that follows the Open Radio Access Network architecture and published open standards for multi-vendor network equipment interoperability.

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: There is established within the NTIA an Office of Public Safety Communications (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Public Safety Communications (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— administer any grant program of the Federal Government related to Next Generation 9–1–1 on behalf of the Under Secretary; analyze public safety policy communications issues, including by obtaining such analysis; provide to the Under Secretary advice and assistance with respect to the Under Secretary— carrying out the responsibilities of the NTIA related to public safety communications policy; and 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; 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; be responsible for the oversight of the studies carried out by the Federal Government relating to enhancing public safety communications; coordinate with the head of the Institute of Telecommunication Sciences with respect to the initiative established under section 108(b); communicate public safety communications policies to public entities, including the Commission and Congress, or private entities; and carry out any duties regarding the responsibilities of the NTIA with respect to public safety communications policy as the Under Secretary may designate. The Associate Administrator shall, as the Under Secretary determines applicable, coordinate with Federal, State, local, and tribal government entities that are engaged in public safety communications in carrying out the duties of the Office. 110B.Establishment of the Office of Public Safety Communications (a)EstablishmentThere 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 generalThe head of the Office shall be an Associate Administrator for Public Safety Communications (in this section referred to as the Associate Administrator). (2)Requirement to reportThe Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). (c)DutiesThe 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 the studies carried out by the Federal Government relating to enhancing public safety communications; (6)coordinate with the head of the Institute of Telecommunication Sciences with respect to the initiative established under section 108(b); (7)communicate public safety communications policies to public entities, including the Commission and Congress, or private entities; and (8)carry out any duties regarding the responsibilities of the NTIA with respect to public safety communications policy as the Under Secretary may designate. (d)CoordinationThe Associate Administrator shall, as the Under Secretary determines applicable, coordinate with Federal, State, local, and tribal government entities that are engaged in public safety communications in carrying out the duties of the Office..

110B. Establishment of the Office of Public Safety Communications There is established within the NTIA an Office of Public Safety Communications (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for Public Safety Communications (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— administer any grant program of the Federal Government related to Next Generation 9–1–1 on behalf of the Under Secretary; analyze public safety policy communications issues, including by obtaining such analysis; provide to the Under Secretary advice and assistance with respect to the Under Secretary— carrying out the responsibilities of the NTIA related to public safety communications policy; and 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; 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; be responsible for the oversight of the studies carried out by the Federal Government relating to enhancing public safety communications; coordinate with the head of the Institute of Telecommunication Sciences with respect to the initiative established under section 108(b); communicate public safety communications policies to public entities, including the Commission and Congress, or private entities; and carry out any duties regarding the responsibilities of the NTIA with respect to public safety communications policy as the Under Secretary may designate. The Associate Administrator shall, as the Under Secretary determines applicable, coordinate with Federal, State, local, and tribal government entities that are engaged in public safety communications in carrying out the duties of the Office.

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: There is established within the NTIA an Office of International Affairs (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for International Affairs (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— in coordination with the Secretary of State, conduct analysis of, review, and formulate international telecommunications and information policy; present on international telecommunications and information policy— before the Commission, Congress, and others; and in coordination with the Secretary of State, before international telecommunications bodies, including the International Telecommunication Union; conduct or obtain analysis on economic and other aspects of international telecommunications and information policy; formulate, and recommend to the Under Secretary, polices and plans with respect to preparation for and participation in international telecommunications and information policy activities; in coordination with the Secretary of State, 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; ensure NTIA representation with respect to international telecommunications and information policy meetings and the activities related to preparation for such meetings; 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; 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; 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; carry out, at the request of the Secretary, the responsibilities of the Secretary under the Communications Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal laws related to international telecommunications and information policy; and carry out any other duties of the NTIA with respect to international telecommunications and information policy that the Under Secretary may designate. 110C.Office of International Affairs (a)EstablishmentThere is established within the NTIA an Office of International Affairs (in this section referred to as the Office). (b)Head of Office (1)In generalThe head of the Office shall be an Associate Administrator for International Affairs (in this section referred to as the Associate Administrator). (2)Requirement to reportThe Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). (c)DutiesThe Associate Administrator shall, at the direction of the Under Secretary— (1)in coordination with the Secretary of State, conduct analysis of, review, and formulate international telecommunications and information policy; (2)present on international telecommunications and information policy— (A)before the Commission, Congress, and others; and (B)in coordination with the Secretary of State, before international telecommunications bodies, including the International Telecommunication Union; (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)in coordination with the Secretary of State, coordinate NTIA and interdepartmental economic, technical, operational, and other preparations related to participation by the United States in international telecommunications and information policy conferences and negotiations; (6)ensure NTIA representation with respect to international telecommunications and information policy meetings and the activities related to preparation for such meetings; (7)coordinate with Federal agencies and private organizations engaged in activities involving international telecommunications and information policy matters and maintain cognizance of the activities of United States signatories with respect to related treaties, agreements, and other instruments; (8)provide advice and assistance related to international telecommunications and information policy to other Federal agencies charged with responsibility for international negotiations, to strengthen the position and serve the best interests of the United States in the conduct of negotiations with foreign nations; (9)provide advice and assistance to the Under Secretary with respect to evaluating the international impact of matters pending before the Commission, other Federal agencies, and Congress; (10)carry out, at the request of the Secretary, the responsibilities of the Secretary under the Communications Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal laws related to international telecommunications and information policy; and (11)carry out any other duties of the NTIA with respect to international telecommunications and information policy that the Under Secretary may designate..

110C. Office of International Affairs There is established within the NTIA an Office of International Affairs (in this section referred to as the Office). The head of the Office shall be an Associate Administrator for International Affairs (in this section referred to as the Associate Administrator). The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary). The Associate Administrator shall, at the direction of the Under Secretary— in coordination with the Secretary of State, conduct analysis of, review, and formulate international telecommunications and information policy; present on international telecommunications and information policy— before the Commission, Congress, and others; and in coordination with the Secretary of State, before international telecommunications bodies, including the International Telecommunication Union; conduct or obtain analysis on economic and other aspects of international telecommunications and information policy; formulate, and recommend to the Under Secretary, polices and plans with respect to preparation for and participation in international telecommunications and information policy activities; in coordination with the Secretary of State, 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; ensure NTIA representation with respect to international telecommunications and information policy meetings and the activities related to preparation for such meetings; 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; 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; 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; carry out, at the request of the Secretary, the responsibilities of the Secretary under the Communications Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal laws related to international telecommunications and information policy; and carry out any other duties of the NTIA with respect to international telecommunications and information policy that the Under Secretary may designate.

602. Establishment of interagency national security review process 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: 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. Upon establishment of the review process under paragraph (1), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by Executive Order 13913 (85 Fed. Reg. 19643), shall terminate. Any covered application pending before the Commission that was submitted by a covered applicant that meets or exceeds the threshold foreign ownership limit is subject to review under the review process established pursuant to subsection (a). 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. 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. Not later than 120 days after the date on which the Under Secretary receives a referral from the Commission pursuant to paragraph (1)— the review of the covered application or other request under the review process established pursuant to subsection (a) shall be completed; and the Under Secretary, in coordination with the head of each appropriate Federal entity, 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; or that the Under Secretary cannot make a recommendation with respect to the covered application or other request. If the Under Secretary determines under subparagraph (A)(ii)(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President, not later than 15 days after the Under Secretary makes such determination, shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request. 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. If the Under Secretary, in coordination with the head of each appropriate Federal entity, extends a deadline pursuant to subparagraph (C), the Under Secretary shall provide notice of the extension to the covered applicant or other requesting party, the Commission, Congress, and any executive agency the Under Secretary determines appropriate. Not later than 7 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination. Not later than 5 days (excepting Saturdays, Sundays, and legal holidays) after receiving an inquiry from a covered applicant or other requesting party, the Commission, Congress, or an appropriate executive agency (as determined by the Under Secretary) for an update with respect to the status of the review of a relevant covered application or other request that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to such inquiry. With respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the Commission and the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party. Not later than 10 days (excepting Saturdays, Sundays, and legal holidays) after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses. 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(b)(3)(B) of title 5, United States Code, and no such information or documentary material may be made public. Paragraph (1) does not prohibit disclosure of the following: Information disclosed for purposes of an administrative or judicial action or proceeding, subject to appropriate confidentiality and classification requirements. Information disclosed to Congress or a duly authorized committee or subcommittee of Congress, subject to appropriate confidentiality and classification requirements. Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements, including that confidential information disclosed shall remain confidential. Information disclosed to a third party by mutual agreement of each relevant covered applicant and the Under Secretary, in consultation with appropriate Federal entities. 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. In this section: 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. The term appropriate Federal entities means the following: The Department of Commerce. The Department of Defense. The Department of Homeland Security. The Department of Justice. The Department of the Treasury. The Department of State. The United States Trade Representative. The Executive Office of the President. The Office of the Director of National Intelligence. 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. The term covered applicant means an entity seeking approval of a covered application from the Commission. The term covered application means— 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; 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— a submarine cable landing license; or an assignment, modification, or transfer of control of a submarine cable landing license; or 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— subject to approval by the Commission under section 310(b)(4) of such Act (47 U.S.C. 310(b)(4)); or eligible, under the rules of the Commission, for forbearance under section 10 of such Act (47 U.S.C. 160) from the application of paragraph (3) of section 310(b) of such Act (47 U.S.C. 310(b)). The term covered application does not include the following: 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— is owned or controlled by such applicant; owns or controls such applicant; or is under common ownership or control with such applicant. An application described in subparagraph (A) with respect to which the applicant— is an applicant that has been previously approved under the review process established pursuant to subsection (a); and at the time of such application does not have a level of foreign ownership that is more than 10 percent greater than the level of foreign ownership of such applicant— except as provided in item (bb), at any time such applicant was previously approved under the review process established pursuant to subsection (a); or 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. An application described in subparagraph (A)(i) that is domestic. An application described in subparagraph (A) with respect to which the foreign ownership interests of the applicant are held by wholly owned intermediate holding companies that are controlled by— a citizen of the United States; or an entity organized under the laws of the United States. The term threshold foreign ownership limit means foreign ownership of, as applicable— at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)), in the case of an application described in paragraph (5)(A)(i) of this subsection; any amount, in the case of an application described in paragraph (5)(A)(ii) of this subsection; at least an amount sufficient for paragraph (3) or (4) of section 310(b) of such Act (47 U.S.C. 310(b)) to apply, in the case of an application described in paragraph (5)(A)(iii) of this subsection; or any amount, in the case of any application described in paragraph (5)(A) of this subsection if the foreign ownership is held by a foreign adversary (as specified in section 7.4 of title 15, Code of Federal Regulations (or a successor regulation)). This section, and the amendment made by this section, shall apply to any covered application (as such term is defined in section 110D of the National Telecommunications and Information Administration Organization Act, as added by subsection (a)) filed on or after the date on which the review process is established pursuant to such section 110D. 110D.Establishment of interagency national security review process (a)Establishment and transition (1)EstablishmentNot 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. (2)TransitionUpon establishment of the review process under paragraph (1), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by Executive Order 13913 (85 Fed. Reg. 19643), shall terminate. (b)ApplicabilityAny covered application pending before the Commission that was submitted by a covered applicant that meets or exceeds the threshold foreign ownership limit is subject to review under the review process established pursuant to subsection (a). (c)Process and procedural requirements (1)Referral for review (A)Requirement for FCC to refer complete applicationThe 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 requestsThe 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 generalNot later than 120 days after the date on which the Under Secretary receives a referral from the Commission pursuant to paragraph (1)— (i)the review of the covered application or other request under the review process established pursuant to subsection (a) shall be completed; and (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. (B)Presidential determinationIf the Under Secretary determines under subparagraph (A)(ii)(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President, not later than 15 days after the Under Secretary makes such determination, shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request. (C)ExtensionThe Under Secretary, in coordination with the head of each appropriate Federal entity, may extend the deadline described in subparagraph (A) an additional 45 days. (D)Notification of extensionIf the Under Secretary, in coordination with the head of each appropriate Federal entity, extends a deadline pursuant to subparagraph (C), the Under Secretary shall provide notice of the extension to the covered applicant or other requesting party, the Commission, Congress, and any executive agency the Under Secretary determines appropriate. (3)Notification of determinationNot later than 7 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination. (4)Disclosure of status of reviewNot later than 5 days (excepting Saturdays, Sundays, and legal holidays) after receiving an inquiry from a covered applicant or other requesting party, the Commission, Congress, or an appropriate executive agency (as determined by the Under Secretary) for an update with respect to the status of the review of a relevant covered application or other request that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to such inquiry. (5)Standardization of information requiredWith respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the Commission and the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party. (6)Deadline for provision of information requestedNot later than 10 days (excepting Saturdays, Sundays, and legal holidays) after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses. (d)Confidentiality of information (1)In generalExcept 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(b)(3)(B) of title 5, United States Code, and no such information or documentary material may be made public. (2)ExceptionsParagraph (1) does not prohibit disclosure of the following: (A)Information disclosed for purposes of an administrative or judicial action or proceeding, subject to appropriate confidentiality and classification requirements. (B)Information disclosed to Congress or a duly authorized committee or subcommittee of Congress, subject to appropriate confidentiality and classification requirements. (C)Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements, including that confidential information disclosed shall remain confidential. (D)Information disclosed to a third party by mutual agreement of each relevant covered applicant and the Under Secretary, in consultation with appropriate Federal entities. (e)Rule of constructionExcept 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)DefinitionsIn this section: (1)Appropriate congressional committeesThe 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 entitiesThe 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 Executive Office of the President. (I)The Office of the Director of National Intelligence. (3)Classified informationThe 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 applicantThe term covered applicant means an entity seeking approval of a covered application from the Commission. (5)Covered application (A)In generalThe 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, modification, 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 (3) of section 310(b) of such Act (47 U.S.C. 310(b)). (B)LimitationThe 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 10 percent greater than the level of foreign ownership of such applicant— (aa)except as provided in item (bb), at any time such applicant was previously approved under the review process established pursuant to subsection (a); or (bb)if such applicant has been subjected to the review process established pursuant to subsection (a) as a result of exceeding a level of foreign ownership pursuant to this clause, at the time such applicant was most recently approved under such review process after having been subjected to such review process as a result of exceeding a level of foreign ownership pursuant to this clause. (iii)An application described in subparagraph (A)(i) that is domestic. (iv)An application described in subparagraph (A) with respect to which the foreign ownership interests of the applicant are held by wholly owned intermediate holding companies that are controlled by— (I)a citizen of the United States; or (II)an entity organized under the laws of the United States. (6)Threshold foreign ownership limitThe term threshold foreign ownership limit means foreign ownership of, as applicable— (A)at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)), in the case of an application described in paragraph (5)(A)(i) of this subsection; (B)any amount, in the case of an application described in paragraph (5)(A)(ii) of this subsection; (C)at least an amount sufficient for paragraph (3) or (4) of section 310(b) of such Act (47 U.S.C. 310(b)) to apply, in the case of an application described in paragraph (5)(A)(iii) of this subsection; or (D)any amount, in the case of any application described in paragraph (5)(A) of this subsection if the foreign ownership is held by a foreign adversary (as specified in section 7.4 of title 15, Code of Federal Regulations (or a successor regulation))..

110D. Establishment of interagency national security review process 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. Upon establishment of the review process under paragraph (1), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by Executive Order 13913 (85 Fed. Reg. 19643), shall terminate. Any covered application pending before the Commission that was submitted by a covered applicant that meets or exceeds the threshold foreign ownership limit is subject to review under the review process established pursuant to subsection (a). 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. 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. Not later than 120 days after the date on which the Under Secretary receives a referral from the Commission pursuant to paragraph (1)— the review of the covered application or other request under the review process established pursuant to subsection (a) shall be completed; and the Under Secretary, in coordination with the head of each appropriate Federal entity, 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; or that the Under Secretary cannot make a recommendation with respect to the covered application or other request. If the Under Secretary determines under subparagraph (A)(ii)(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President, not later than 15 days after the Under Secretary makes such determination, shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request. 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. If the Under Secretary, in coordination with the head of each appropriate Federal entity, extends a deadline pursuant to subparagraph (C), the Under Secretary shall provide notice of the extension to the covered applicant or other requesting party, the Commission, Congress, and any executive agency the Under Secretary determines appropriate. Not later than 7 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination. Not later than 5 days (excepting Saturdays, Sundays, and legal holidays) after receiving an inquiry from a covered applicant or other requesting party, the Commission, Congress, or an appropriate executive agency (as determined by the Under Secretary) for an update with respect to the status of the review of a relevant covered application or other request that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to such inquiry. With respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the Commission and the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party. Not later than 10 days (excepting Saturdays, Sundays, and legal holidays) after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses. 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(b)(3)(B) of title 5, United States Code, and no such information or documentary material may be made public. Paragraph (1) does not prohibit disclosure of the following: Information disclosed for purposes of an administrative or judicial action or proceeding, subject to appropriate confidentiality and classification requirements. Information disclosed to Congress or a duly authorized committee or subcommittee of Congress, subject to appropriate confidentiality and classification requirements. Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements, including that confidential information disclosed shall remain confidential. Information disclosed to a third party by mutual agreement of each relevant covered applicant and the Under Secretary, in consultation with appropriate Federal entities. 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. In this section: 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. The term appropriate Federal entities means the following: The Department of Commerce. The Department of Defense. The Department of Homeland Security. The Department of Justice. The Department of the Treasury. The Department of State. The United States Trade Representative. The Executive Office of the President. The Office of the Director of National Intelligence. 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. The term covered applicant means an entity seeking approval of a covered application from the Commission. The term covered application means— 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; 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— a submarine cable landing license; or an assignment, modification, or transfer of control of a submarine cable landing license; or 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— subject to approval by the Commission under section 310(b)(4) of such Act (47 U.S.C. 310(b)(4)); or eligible, under the rules of the Commission, for forbearance under section 10 of such Act (47 U.S.C. 160) from the application of paragraph (3) of section 310(b) of such Act (47 U.S.C. 310(b)). The term covered application does not include the following: 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— is owned or controlled by such applicant; owns or controls such applicant; or is under common ownership or control with such applicant. An application described in subparagraph (A) with respect to which the applicant— is an applicant that has been previously approved under the review process established pursuant to subsection (a); and at the time of such application does not have a level of foreign ownership that is more than 10 percent greater than the level of foreign ownership of such applicant— except as provided in item (bb), at any time such applicant was previously approved under the review process established pursuant to subsection (a); or 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. An application described in subparagraph (A)(i) that is domestic. An application described in subparagraph (A) with respect to which the foreign ownership interests of the applicant are held by wholly owned intermediate holding companies that are controlled by— a citizen of the United States; or an entity organized under the laws of the United States. The term threshold foreign ownership limit means foreign ownership of, as applicable— at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)), in the case of an application described in paragraph (5)(A)(i) of this subsection; any amount, in the case of an application described in paragraph (5)(A)(ii) of this subsection; at least an amount sufficient for paragraph (3) or (4) of section 310(b) of such Act (47 U.S.C. 310(b)) to apply, in the case of an application described in paragraph (5)(A)(iii) of this subsection; or any amount, in the case of any application described in paragraph (5)(A) of this subsection if the foreign ownership is held by a foreign adversary (as specified in section 7.4 of title 15, Code of Federal Regulations (or a successor regulation)).