I 
118TH CONGRESS 
1ST SESSION H. R. 4510 
To reauthorize the National Telecommunications and Information Administra-
tion, to update the mission and functions of the agency, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2023 
Mr. LATTA (for himself and Ms. MATSUI) introduced the following bill; which 
was referred to the Committee on Energy and Commerce 
A BILL 
To reauthorize the National Telecommunications and Infor-
mation Administration, to update the mission and func-
tions of the agency, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘National Telecommunications and Information Adminis-
tration Reauthorization Act of 2023’’ or the ‘‘NTIA Reau-
thorization Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Definitions. 
TITLE I—REAUTHORIZATION 
Sec. 101. Reauthorization of the National Telecommunications and Information 
Administration Organization Act. 
Sec. 102. NTIA Consolidated Reporting Act. 
TITLE II—OFFICE OF SPECTRUM MANAGEMENT 
Sec. 201. Office of Spectrum Management. 
Sec. 202. Improving spectrum management. 
Sec. 203. Spectrum management improvements. 
Sec. 204. Institute for Telecommunication Sciences. 
Sec. 205. Commerce Spectrum Management Advisory Committee. 
Sec. 206. Incumbent informing capability. 
Sec. 207. Working group on performance criteria for radio receivers. 
TITLE III—OFFICE OF INTERNET CONNECTIVITY AND GROWTH 
Sec. 301. National Strategy to Close Digital Divide. 
TITLE IV—OFFICE OF POLICY DEVELOPMENT AND 
CYBERSECURITY 
Sec. 401. Office of Policy Development and Cybersecurity. 
Sec. 402. Economic competitiveness of information and communication tech-
nology supply chain. 
Sec. 403. Digital Economy and Cybersecurity Board of Advisors. 
Sec. 404. Cybersecurity literacy. 
Sec. 405. Understanding cybersecurity of mobile networks. 
Sec. 406. Open RAN outreach. 
TITLE V—OFFICE OF PUBLIC SAFETY COMMUNICATIONS 
Sec. 501. Establishment of the Office of Public Safety Communications. 
TITLE VI—OFFICE OF INTERNATIONAL AFFAIRS 
Sec. 601. Office of International Affairs. 
Sec. 602. Establishment of interagency national security review process. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) NTIA.—The term ‘‘NTIA’’ means the Na-
tional Telecommunications and Information Admin-
istration. 
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merce, by striking ‘‘(11)’’ and inserting 
‘‘(10)’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) (establishing the an-
nual rate of the basic pay of the Under Sec-
retary) shall take effect on the first day of the 
first pay period beginning after the date of the 
enactment of this Act. 
(c) AUTHORITIES AND RESPONSIBILITIES.— 
(1) COORDINATION
OF
EXECUTIVE
BRANCH 
VIEWS ON MATTERS BEFORE THE FEDERAL COMMU-
NICATIONS COMMISSION.—Section 105(a)(1) of the 
National Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 904(a)(1)) 
is amended— 
(A) by striking ‘‘to ensure that the con-
duct’’ and inserting the following: ‘‘to ensure 
that— 
‘‘(A) the conduct’’; 
(B) in subparagraph (A), as so redesig-
nated, by striking the period at the end and in-
serting ‘‘; and’’; and 
(C) by adding at the end the following: 
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‘‘(B) the views of the executive branch on 
matters presented to the Commission are, con-
sistent with section 103(b)(2)(J)— 
‘‘(i) appropriately coordinated; and 
‘‘(ii) reflective of executive branch pol-
icy.’’. 
(2) MODERNIZATION OF AGENCY MISSION.— 
(A) POLICY.—Section 102(c) of the Na-
tional Telecommunications and Information Ad-
ministration Organization Act (47 U.S.C. 
901(c)) is amended by adding at the end the 
following: 
‘‘(6) Fostering the digital economy of the 
United States in order to ensure the competitive-
ness, future economic growth, and security of the 
United States. 
‘‘(7) Working to ensure that global communica-
tions networks remain open and innovative, includ-
ing without inappropriate barriers to entry or oper-
ation. 
‘‘(8) With respect to the United States, in co-
ordination with the Commission, achieving the uni-
versal availability of and access to telecommuni-
cations service and information service (as those 
terms are defined in section 3 of the Communica-
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tions Act of 1934) and any technology related to 
such service.’’. 
(B) 
ASSIGNED
FUNCTIONS.—Section 
103(b)(2) of the National Telecommunications 
and Information Administration Organization 
Act (47 U.S.C. 902(b)(2)) is amended— 
(i) in the matter preceding subpara-
graph (A), by inserting ‘‘, some of which 
were’’ before ‘‘transferred to the Sec-
retary’’; 
(ii) in subparagraph (H)— 
(I) by inserting ‘‘and informa-
tion’’ after ‘‘telecommunications’’; and 
(II) by striking ‘‘and emergency 
readiness’’ and inserting ‘‘emergency 
readiness, the flow of information, 
and with respect to the United States, 
in coordination with the Commission, 
the universal availability of and access 
to telecommunications service and in-
formation service (as those terms are 
defined in section 3 of the Commu-
nications Act of 1934) and any tech-
nology related to such service’’; 
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(iii) in subparagraph (M), by inserting 
‘‘, publish reports,’’ after ‘‘studies’’; and 
(iv) by inserting at the end the fol-
lowing: 
‘‘(V) The authority to conduct studies, 
publish reports, and make recommendations— 
‘‘(i) on any Federal, State, local, or 
private policy or practice relating to com-
munications, information, or the digital 
economy of the United States; and 
‘‘(ii) that consider interoperability, 
privacy, security, spectrum use, emergency 
readiness, the flow of information, and 
with respect to the United States, in co-
ordination with the Commission, the uni-
versal availability of and access to tele-
communications service and information 
service (as those terms are defined in sec-
tion 3 of the Communications Act of 1934) 
and any technology related to such serv-
ice.’’. 
(d) ACCEPTANCE OF GIFTS AND BEQUESTS FOR THE 
UNDER SECRETARY.—The Under Secretary is hereby au-
thorized to accept, hold, administer, and utilize gifts and 
bequests of property, both real and personal, for the pur-
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pose of aiding or facilitating the work of the NTIA. Gifts 
and bequests of money and the proceeds from sales of 
other property received as gifts or bequests shall be depos-
ited in the Treasury in a separate fund and shall be dis-
bursed upon order of the Under Secretary. Property ac-
cepted pursuant to this provision, and the proceeds there-
of, shall be used as nearly as possible in accordance with 
the terms of the gift or bequest. 
(e) TECHNICAL AND CONFORMING AMENDMENTS.— 
(1) PUBLIC TELECOMMUNICATIONS FINANCING 
ACT OF 1978.—Section 106(c) of the Public Tele-
communications Financing Act of 1978 (5 U.S.C. 
5316 note; Public Law 95–567) is amended by strik-
ing ‘‘The position of Deputy Assistant Secretary of 
Commerce for Communications and Information es-
tablished in Department of Commerce Organization 
Order Numbered 10–10 (effective March 26, 
1978),’’ and inserting ‘‘The position of Deputy 
Under Secretary of Commerce for Communications 
and Information, established under section 103(a) of 
the National Telecommunications and Information 
Administration 
Organization 
Act 
(47 
U.S.C. 
902(a)),’’. 
(2) COMMUNICATIONS
ACT
OF
1934.—Section 
344(d)(2) of the Communications Act of 1934 (47 
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U.S.C. 344(d)(2)) is amended by striking ‘‘Assistant 
Secretary’’ and inserting ‘‘Under Secretary’’. 
(3) HOMELAND SECURITY ACT OF 2002.—Sec-
tion 1805(d)(2) of the Homeland Security Act of 
2002 (6 U.S.C. 575(d)(2)) is amended by striking 
‘‘Assistant Secretary for Communications and Infor-
mation of the Department of Commerce’’ and insert-
ing ‘‘Under Secretary of Commerce for Communica-
tions and Information’’. 
(4) AGRICULTURE
IMPROVEMENT
ACT
OF 
2018.—Section 6212 of the Agriculture Improvement 
Act of 2018 (7 U.S.C. 950bb–6) is amended— 
(A) in subsection (d)(1), in the heading, by 
striking ‘‘ASSISTANT SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; and 
(B) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’. 
(5) TITLE 17, UNITED STATES CODE.—Section 
1201(a)(1)(C) of title 17, United States Code, is 
amended by striking ‘‘Assistant Secretary for Com-
munications and Information of the Department of 
Commerce’’ and inserting ‘‘Under Secretary of Com-
merce for Communications and Information’’. 
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(6) UNLOCKING CONSUMER CHOICE AND WIRE-
LESS
COMPETITION
ACT.—Section 2(b) of the 
Unlocking Consumer Choice and Wireless Competi-
tion Act (17 U.S.C. 1201 note; Public Law 113– 
144) is amended by striking ‘‘Assistant Secretary 
for Communications and Information of the Depart-
ment of Commerce’’ and inserting ‘‘Under Secretary 
of Commerce for Communications and Information’’. 
(7) COMMUNICATIONS
SATELLITE
ACT
OF 
1962.—Section 625(a)(1) of the Communications 
Satellite Act of 1962 (47 U.S.C. 763d(a)(1)) is 
amended, in the matter preceding subparagraph (A), 
by striking ‘‘Assistant Secretary’’ and inserting 
‘‘Under Secretary of Commerce’’. 
(8) SPECTRUM
PIPELINE
ACT
OF
2015.—The 
Spectrum Pipeline Act of 2015 (47 U.S.C. 921 note; 
title X of Public Law 114–74) is amended— 
(A) in section 1002(1), in the heading, by 
striking ‘‘ASSISTANT SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; and 
(B) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’. 
(9) WARNING, ALERT, AND
RESPONSE
NET-
WORK ACT.—Section 606 of the Warning, Alert, and 
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Response Network Act (47 U.S.C. 1205) is amend-
ed— 
(A) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’; and 
(B) in subsection (b), in the first sentence, 
by striking ‘‘for7Communications’’ and insert-
ing ‘‘for Communications’’. 
(10) AMERICAN RECOVERY AND REINVESTMENT 
ACT OF 2009.—Section 6001 of the American Recov-
ery and Reinvestment Act of 2009 (47 U.S.C. 1305) 
is amended— 
(A) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’; and 
(B) in subsection (d), in the heading, by 
striking ‘‘ASSISTANT SECRETARY’’ and insert-
ing ‘‘UNDER SECRETARY’’. 
(11) MIDDLE CLASS TAX RELIEF AND JOB CRE-
ATION ACT OF 2012.—Title VI of the Middle Class 
Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
1401 et seq.) is amended— 
(A) in section 6001 (47 U.S.C. 1401)— 
(i) by striking paragraph (4); 
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(ii) by redesignating paragraphs (5) 
through (32) as paragraphs (4) through 
(31), respectively; and 
(iii) by inserting after paragraph (31), 
as so redesignated, the following: 
‘‘(32) UNDER SECRETARY.—The term ‘Under 
Secretary’ means the Under Secretary of Commerce 
for Communications and Information.’’; and 
(B) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’. 
(12) RAY
BAUM’S
ACT
OF
2018.—The RAY 
BAUM’S Act of 2018 (division P of Public Law 
115–141; 132 Stat. 348) is amended by striking 
‘‘Assistant Secretary’’ each place the term appears 
and inserting ‘‘Under Secretary’’. 
(13) SECURE AND TRUSTED COMMUNICATIONS 
NETWORKS ACT OF 2019.—Section 8 of the Secure 
and Trusted Communications Networks Act of 2019 
(47 U.S.C. 1607) is amended— 
(A) in subsection (c)(1), in the heading, by 
striking ‘‘ASSISTANT SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; and 
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(B) by striking ‘‘Assistant Secretary’’ each 
place the term appears and inserting ‘‘Under 
Secretary’’. 
(14) TITLE 51, UNITED STATES CODE.—Section 
50112(3) of title 51, United States Code, is amend-
ed, in the matter preceding subparagraph (A), by 
striking ‘‘Assistant Secretary’’ each place the term 
appears and inserting ‘‘Under Secretary’’. 
(15) CONSOLIDATED
APPROPRIATIONS
ACT, 
2021.—The Consolidated Appropriations Act, 2021 
(Public Law 116–260) is amended— 
(A) in title IX of division N— 
(i) in section 902(a)(2), in the head-
ing, by striking ‘‘ASSISTANT SECRETARY’’ 
and inserting ‘‘UNDER SECRETARY’’; 
(ii) in section 905— 
(I) in subsection (a)(1), in the 
heading, by striking ‘‘ASSISTANT SEC-
RETARY’’ and inserting ‘‘UNDER SEC-
RETARY’’; 
(II) in subsection (c)(3)(B), in 
the heading, by striking ‘‘ASSISTANT 
SECRETARY’’ and inserting ‘‘UNDER 
SECRETARY’’; and 
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(III) in subsection (d)(2)(B), in 
the heading, by striking ‘‘ASSISTANT 
SECRETARY’’ and inserting ‘‘UNDER 
SECRETARY’’; and 
(iii) by striking ‘‘Assistant Secretary’’ 
each place the term appears and inserting 
‘‘Under Secretary’’; and 
(B) in title IX of division FF— 
(i) in section 903(g)(2), in the head-
ing, by striking ‘‘ASSISTANT SECRETARY’’ 
and inserting ‘‘UNDER SECRETARY’’; and 
(ii) by striking ‘‘Assistant Secretary’’ 
each place the term appears and inserting 
‘‘Under Secretary’’. 
(16) INFRASTRUCTURE INVESTMENT AND JOBS 
ACT.—The Infrastructure Investment and Jobs Act 
(Public Law 117–58) is amended— 
(A) in section 27003, by striking ‘‘Assist-
ant Secretary’’ each place the term appears and 
inserting ‘‘Under Secretary’’; 
(B) in division F— 
(i) in section 60102— 
(I) in subsection (a)(2)(A), by 
striking ‘‘ASSISTANT SECRETARY’’ and 
inserting ‘‘UNDER SECRETARY’’; 
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(II) in subsection (d)(1), by 
striking ‘‘ASSISTANT SECRETARY’’ and 
inserting ‘‘UNDER SECRETARY’’; and 
(III) in subsection (h)— 
(aa) in paragraph (1)(B), by 
striking 
‘‘ASSISTANT
SEC-
RETARY’’ and inserting ‘‘UNDER 
SECRETARY’’; and 
(bb) 
in 
paragraph 
(5)(B)(iii), by striking ‘‘ASSIST-
ANT
SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; 
(ii) in title III— 
(I) in section 60302(5), by strik-
ing ‘‘ASSISTANT SECRETARY’’ and in-
serting ‘‘UNDER SECRETARY’’; and 
(II) 
in 
section 
60305(d)(2)(B)(ii), by striking ‘‘AS-
SISTANT
SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; 
(iii) in section 60401(a)(2), by strik-
ing ‘‘ASSISTANT SECRETARY’’ and inserting 
‘‘UNDER SECRETARY’’; and 
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(iv) by striking ‘‘Assistant Secretary’’ 
each place the term appears and inserting 
‘‘Under Secretary’’; and 
(C) in division J, in title I, in the matter 
under the heading ‘‘distance learning, telemedi-
cine, and broadband program’’ under the head-
ing ‘‘Rural Utilities Service’’ under the heading 
‘‘RURAL DEVELOPMENT PROGRAMS’’, by 
striking ‘‘Assistant Secretary’’ and inserting 
‘‘Under Secretary’’. 
SEC. 102. NTIA CONSOLIDATED REPORTING ACT. 
(a) ELIMINATION OF CERTAIN OUTDATED OR COM-
PLETED REPORTING REQUIREMENTS.— 
(1) 
BTOP 
QUARTERLY
REPORT.—Section 
6001(d) of the American Recovery and Reinvestment 
Act of 2009 (47 U.S.C. 1305(d)) is amended— 
(A) in paragraph (2), by striking the semi-
colon at the end and inserting ‘‘; and’’; 
(B) in paragraph (3), by striking ‘‘; and’’ 
and inserting a period; and 
(C) by striking paragraph (4). 
(2) CERTAIN REPORTS REQUIRED BY NATIONAL 
TELECOMMUNICATIONS AND INFORMATION ADMINIS-
TRATION ORGANIZATION ACT.—Sections 154, 155, 
and 156 of the National Telecommunications and 
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Information Administration Organization Act are re-
pealed. 
(3) 
CERTAIN
REPORTS
RELATING
TO
GIGAHERTZ SPECTRUM.— 
(A) IN GENERAL.—Section 605 of division 
P of the Consolidated Appropriations Act, 2018 
(Public Law 115–141; 132 Stat. 1100) is re-
pealed. 
(B) CLERICAL AMENDMENT.—The table of 
contents in section 1(b) of such division is 
amended by striking the item relating to section 
605. 
(4) INITIAL
REPORT
REQUIRED
BY
SECTION 
9202(a)(1)(G) OF
THE
NDAA
FOR
FISCAL
YEAR 
2021.—Section 9202(a)(1)(G) of the William M. 
(Mac) Thornberry National Defense Authorization 
Act for Fiscal Year 2021 (47 U.S.C. 906(a)(1)(G)) 
is amended— 
(A) in clause (ii), by redesignating sub-
clauses (I), (II), and (III) as clauses (i), (ii), 
and (iii), respectively, and conforming the mar-
gins of such clauses accordingly; and 
(B) by striking ‘‘REPORTS TO CONGRESS’’ 
and all that follows through ‘‘For each fiscal 
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year’’ and inserting ‘‘ANNUAL REPORT TO CON-
GRESS.—For each fiscal year’’. 
(5) REPORT TO PRESIDENT.—Section 105(a) of 
the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 904(a)) 
is amended— 
(A) by striking paragraph (2); and 
(B) by redesignating paragraph (3) as 
paragraph (2). 
(6) EFFECT ON AUTHORITY.—Nothing in this 
subsection or the amendments made by this sub-
section shall be construed to expand or contract the 
authority of the Secretary, the Under Secretary, the 
NTIA, or the Commission. 
(7) OTHER
REPORTS.—Nothing in this sub-
section or the amendments made by this subsection 
shall be construed to prohibit or otherwise prevent 
the Secretary, the Under Secretary, the NTIA, or 
the Commission from producing any additional re-
ports otherwise within the authority of the Sec-
retary, the Under Secretary, the NTIA, or the Com-
mission, respectively. 
(b) CONSOLIDATED ANNUAL REPORT.— 
(1) IN GENERAL.—In the first quarter of each 
calendar year, the Under Secretary shall publish on 
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the website of the NTIA and submit to the Com-
mittee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report 
that contains the reports described in paragraph (2) 
for the fiscal year ending most recently before the 
beginning of such quarter. 
(2) REPORTS
DESCRIBED.—The reports de-
scribed in this paragraph are the following: 
(A) 
The 
report 
required 
by 
section 
903(c)(2)(C) of division FF of the Consolidated 
Appropriations 
Act, 
2021 
(47 
U.S.C. 
1307(c)(2)(C)). 
(B) If amounts in the Public Wireless Sup-
ply Chain Innovation Fund established by sec-
tion 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 sub-
section, 
the 
report 
required 
by 
section 
9202(a)(1)(G) 
of 
such 
Act 
(47 
U.S.C. 
906(a)(1)(G)). 
(C) If the Under Secretary awarded grants 
under section 60304(d)(1) of the Infrastructure 
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Investment 
and 
Jobs 
Act 
(47 
U.S.C. 
1723(d)(1)) in the fiscal year described in para-
graph (1) of this subsection, the report required 
by section 60306(a)(1)(A) of such Act (47 
U.S.C. 1725(a)(1)(A)). 
(D) A summary of the reports for the fis-
cal year described in paragraph (1) that are re-
quired to be submitted to the Under Secretary 
by executive agencies under section 107(b)(5) of 
the National Telecommunications and Informa-
tion Administration Organization Act, as added 
by this Act. 
(3) TIMING OF UNDERLYING REPORTING RE-
QUIREMENTS.— 
(A) REPORT
OF
OFFICE
OF
INTERNET 
CONNECTIVITY
AND
GROWTH.—Section 
903(c)(2)(C) of division FF of the Consolidated 
Appropriations 
Act, 
2021 
(47 
U.S.C. 
1307(c)(2)(C)) is amended— 
(i) in the matter preceding clause 
(i)— 
(I) by striking ‘‘Not later than 1 
year after the date of the enactment 
of this Act, and every year there-
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after,’’ and inserting ‘‘In the first 
quarter of each calendar year,’’; and 
(II) by inserting ‘‘, for the fiscal 
year ending most recently before the 
beginning of such quarter,’’ after ‘‘a 
report’’; and 
(ii) in clause (i), by striking ‘‘for the 
previous year’’. 
(B) REPORT ON DIGITAL EQUITY GRANT 
PROGRAMS.—Section 60306(a)(1) of the Infra-
structure Investment and Jobs Act (47 U.S.C. 
1725(a)(1)) is amended— 
(i) in the matter preceding subpara-
graph (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 Sec-
retary 
awards 
grants 
under 
section 
60304(d)(1), and each fiscal year there-
after in which the Under Secretary awards 
grants under such section, the Under Sec-
retary shall—’’; and 
(ii) in subparagraph (A)— 
(I) by inserting ‘‘in the first 
quarter of the first calendar year that 
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begins after the end of such fiscal 
year,’’ before ‘‘submit’’; and 
(II) by striking ‘‘, for the year 
covered by the report’’. 
(4) SATISFACTION OF UNDERLYING REPORTING 
REQUIREMENTS.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the publication and submis-
sion 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 sub-
mit to Congress or to a committee of Congress 
a report described in paragraph (2) for the fis-
cal year ending most recently before the begin-
ning of such quarter. 
(B) 
CERTAIN
SUBMISSION
REQUIRE-
MENTS.—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 Con-
gress not described in paragraph (1) to which 
such report would (without regard to subpara-
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graph (A) of this paragraph) be required to be 
submitted. 
(5) APPLICABILITY.—Paragraph (1), and the 
amendments made by paragraph (3), shall apply be-
ginning on January 1 of the first calendar year that 
begins after the date of the enactment of this Act. 
(c) EXTENSION OF CERTAIN AUDIT AND REPORTING 
REQUIREMENTS.—Section 902(c)(4)(A) of division N of 
the Consolidated Appropriations Act, 2021 (47 U.S.C. 
1306(c)(4)(A)) is amended by striking ‘‘fiscal years 2021 
and 2022’’ and inserting ‘‘fiscal years 2021, 2022, 2023, 
and 2024’’. 
(d) DEFINITION.—In this section, the term ‘‘Sec-
retary’’ means the Secretary of Commerce. 
TITLE II—OFFICE OF SPECTRUM 
MANAGEMENT 
SEC. 201. OFFICE OF SPECTRUM MANAGEMENT. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 106. OFFICE OF SPECTRUM MANAGEMENT. 
‘‘(a) ESTABLISHMENT.—There is established within 
the NTIA an Office of Spectrum Management (in this sec-
tion referred to as the ‘Office’). 
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‘‘(b) HEAD OF OFFICE.— 
‘‘(1) IN
GENERAL.—The head of the Office 
shall be an Associate Administrator for Spectrum 
Management (in this section referred to as the ‘As-
sociate Administrator’). 
‘‘(2) CAREER POSITION.—The position of Asso-
ciate Administrator shall be a career position in the 
Senior Executive Service occupied by a career ap-
pointee (as that term is defined in section 
3132(a)(4) of title 5, United States Code). 
‘‘(3) REQUIREMENT
TO
REPORT.—The Asso-
ciate Administrator shall report to the Under Sec-
retary. 
‘‘(c) DUTIES.—The Associate Administrator shall, at 
the direction of the Under Secretary— 
‘‘(1) carry out responsibilities under section 
103(b)(2)(A) (relating to frequency assignments for 
radio stations belonging to and operated by the 
United States), make frequency allocations for fre-
quencies that will be used by such stations, and de-
velop and maintain techniques, databases, measure-
ments, files, and procedures necessary for such allo-
cations; 
‘‘(2) carry out responsibilities under section 
103(b)(2)(K) (relating to establishing policies con-
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cerning spectrum assignments and use by radio sta-
tions belonging to and operated by the United 
States) and provide Federal agencies with guidance 
to ensure that the conduct of telecommunications ac-
tivities by such agencies is consistent with such poli-
cies; 
‘‘(3) develop, in coordination with the Commis-
sion, a comprehensive long-range plan for improved 
management of all electromagnetic spectrum re-
sources, including through representing the interests 
of Federal agencies in the process through which the 
Commission and the NTIA jointly determine the Na-
tional Table of Frequency Allocations; 
‘‘(4) appoint the chairpersons of and provide 
secretariat functions for the Interdepartmental 
Radio Advisory Committee and the PPSG (as de-
fined in section 107(d)); 
‘‘(5) carry out responsibilities under section 
103(b)(2)(B) (relating to authorizing a foreign gov-
ernment 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 Admin-
istrator for International Affairs in carrying out 
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spectrum management aspects of the international 
policy responsibilities of the NTIA, including spec-
trum-related 
responsibilities 
under 
section 
103(b)(2)(G); 
‘‘(7) advise and assist the Under Secretary on 
spectrum-related technical and policy issues regard-
ing— 
‘‘(A) the security of telecommunications in 
the United States; and 
‘‘(B) systems and means to ensure such 
security; 
‘‘(8) in coordination with the Associate Admin-
istrator for Policy Development and Cybersecurity, 
carry out spectrum-related responsibilities under sec-
tion 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 ac-
tivities with respect to telecommunications re-
sources); 
‘‘(10) carry out responsibilities under section 
107 (relating to improving spectrum management); 
and 
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‘‘(11) carry out any other duties of the NTIA 
with respect to spectrum policy that the Under Sec-
retary may designate.’’. 
SEC. 202. IMPROVING SPECTRUM MANAGEMENT. 
Part A of the National Telecommunications and In-
formation 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 fol-
lowing: 
‘‘SEC. 107. IMPROVING SPECTRUM MANAGEMENT. 
‘‘(a) FEDERAL COORDINATION PROCEDURES.— 
‘‘(1) NOTICE.—With respect to each spectrum 
action, not later than the end of the period for sub-
mitting comments to the Commission in the pro-
ceeding 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 im-
pacted by the spectrum action; 
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‘‘(C) when the Under Secretary provided 
notice to the Federal entities described in sub-
paragraph (B) regarding the spectrum action; 
‘‘(D) a summary of any general technical 
or procedural concerns raised by Federal enti-
ties to the Under Secretary regarding the spec-
trum action; and 
‘‘(E) any policy concerns of the Under Sec-
retary regarding the spectrum action. 
‘‘(2) FINAL RULE.—If the Commission promul-
gates 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 sum-
mary 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 regard-
ing the spectrum action; and 
‘‘(C) how any concerns described in sub-
paragraph (B) were resolved. 
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‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection may be construed to require the dis-
closure of classified information, or other informa-
tion reflecting technical, procedural, or policy con-
cerns that is exempt from disclosure under section 
552 of title 5, United States Code (commonly known 
as the ‘Freedom of Information Act’). 
‘‘(4) FCC CONSIDERATION.—The Commission 
may not consider any technical, procedural, or policy 
concerns of a Federal entity regarding a spectrum 
action unless such concerns are filed by the Under 
Secretary on behalf of the Federal entity in the pub-
lic record with respect to the proceeding of the Com-
mission relating to the spectrum action. 
‘‘(b) FEDERAL SPECTRUM COORDINATION RESPON-
SIBILITIES.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of this section, the 
Under Secretary shall establish a charter for the 
PPSG. 
‘‘(2) PPSG REPRESENTATIVE.— 
‘‘(A) IN
GENERAL.—The head of each 
Federal entity that is reflected in the member-
ship of the PPSG, as identified in the charter 
established under paragraph (1), shall appoint 
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a senior-level employee (or an individual occu-
pying 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 rep-
resentative of the Federal entity to the PPSG. 
‘‘(B) SECURITY
CLEARANCE
REQUIRE-
MENT.—If an individual appointed under sub-
paragraph (A) is not eligible to receive a secu-
rity clearance described in that subparagraph— 
‘‘(i) the appointment shall be invalid; 
and 
‘‘(ii) the head of the Federal entity 
making the appointment shall appoint an-
other individual who satisfies the require-
ments of that subparagraph, including the 
requirement that the individual is eligible 
to receive such a security clearance. 
‘‘(3) DUTIES.—An individual appointed under 
paragraph (2) shall— 
‘‘(A) oversee the spectrum coordination 
policies and procedures of the applicable Fed-
eral entity; 
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‘‘(B) be responsible for timely notification 
to the PPSG and to the Under Secretary of 
technical or procedural concerns of the applica-
ble Federal entity regarding a spectrum action; 
and 
‘‘(C) work closely with the representative 
of the applicable Federal entity to the Inter-
departmental Radio Advisory Committee. 
‘‘(4) PUBLIC CONTACT.— 
‘‘(A) IN
GENERAL.—The head of each 
Federal entity described in paragraph (2) shall 
list, on the website of the Federal entity, the 
name and contact information of the represent-
ative of the Federal entity to the PPSG, as ap-
pointed under such paragraph. 
‘‘(B) NTIA RESPONSIBILITY.—The Under 
Secretary shall publish on the public website of 
the NTIA a complete list of the representatives 
to the PPSG appointed under paragraph (2). 
‘‘(5) ANNUAL REPORT.—In the last quarter of 
each calendar year, each executive agency that is au-
thorized 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, de-
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scribing the steps taken in such fiscal year by the 
executive agency to comply with such section. 
‘‘(c) COORDINATION BETWEEN COMMISSION
AND 
NTIA.— 
‘‘(1) UPDATES.—Not later than 3 years after 
the date of the enactment of this section, and every 
4 years thereafter or more frequently as appropriate, 
the Commission and the NTIA shall update the 
Memorandum. 
‘‘(2) NATURE
OF
UPDATE.—The updates re-
quired by paragraph (1) shall reflect such changing 
technological, procedural, and policy circumstances 
as the Commission and the NTIA determine nec-
essary and appropriate. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) MEMORANDUM.—The term ‘Memorandum’ 
means the Memorandum of Understanding between 
the Commission and the NTIA (relating to increased 
coordination between Federal spectrum management 
agencies to promote the efficient use of the radio 
spectrum in the public interest), signed on August 1, 
2022, or any successor memorandum. 
‘‘(2) PPSG.—The term ‘PPSG’ means the 
interagency advisory body that, as of the date of the 
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enactment of this section, is known as the Policy 
and Plans Steering Group. 
‘‘(3) SPECTRUM ACTION.—The term ‘spectrum 
action’ means any proposed action by the Commis-
sion to reallocate radio frequency spectrum that is 
anticipated to result in a system of competitive bid-
ding conducted under section 309(j) of the Commu-
nications Act of 1934 (47 U.S.C. 309(j)) or licens-
ing that could potentially impact the spectrum oper-
ations of a Federal entity.’’. 
SEC. 203. SPECTRUM MANAGEMENT IMPROVEMENTS. 
(a) PROTOTYPING.—Consistent with subparagraphs 
(F), (L), (P), and (U) of section 103(b)(2) of the National 
Telecommunications and Information Administration Or-
ganization Act (47 U.S.C. 902(b)(2)), the Under Sec-
retary shall develop, establish, prototype, and support the 
implementation of common models, common methodolo-
gies, and common inputs to inform electromagnetic spec-
trum management decisions with respect to frequencies 
assigned on a primary or co-primary basis to 1 or more 
Federal entities, such as— 
(1) technologies and techniques to control radio 
frequency emissions and interference; 
(2) advanced antenna arrays, and artificial in-
telligence systems and technologies capable of oper-
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ating advanced antenna arrays, including multiple- 
input, multiple-output antennas, beam forming and 
steering technology, antenna nulling technology, and 
conformal arrays; 
(3) network sensing and monitoring tech-
nologies; 
(4) advanced receivers that incorporate new 
technologies supporting new waveforms and multiple 
bands; 
(5) dynamic spectrum access technologies 
across wireless systems and frequencies, including 
local-to-the-radio and cognitive multidomain access; 
(6) novel spectrum access technologies; 
(7) artificial intelligence systems to enable dy-
namic spectrum access, Internet of Things networks, 
and other advanced communications technologies; 
and 
(8) optical and quantum communications tech-
nologies. 
(b) SPECTRUM MANAGEMENT AND ADVANCED COM-
MUNICATIONS TECHNOLOGIES.—Section 104 of the Na-
tional Telecommunications and Information Administra-
tion Organization Act (47 U.S.C. 903) is amended by add-
ing at the end the following: 
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‘‘(f) IDENTIFICATION
AND
IMPLEMENTATION
OF 
SPECTRUM MANAGEMENT TECHNOLOGIES.—The Under 
Secretary shall identify and implement technologies that 
promote, with respect to frequencies assigned on a pri-
mary or co-primary basis to 1 or more Federal entities— 
‘‘(1) dynamic spectrum access; 
‘‘(2) network sensing and monitoring; and 
‘‘(3) optical and quantum communications. 
‘‘(g) PROTOTYPING OF ADVANCED COMMUNICATIONS 
TECHNOLOGIES.—The Under Secretary shall, with re-
spect 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 tech-
nologies; and 
‘‘(2) support partnerships among institutions to 
develop a skilled workforce to conduct prototyping of 
advanced communications technologies.’’. 
SEC. 
204. 
INSTITUTE 
FOR 
TELECOMMUNICATION 
SCIENCES. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.), as amended by the preceding provisions of 
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this Act, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 
108. 
INSTITUTE 
FOR 
TELECOMMUNICATION 
SCIENCES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Under the authority pro-
vided to the Under Secretary under section 103, the 
Under Secretary shall operate a test center to be 
known as the Institute for Telecommunication 
Sciences (in this section referred to as ‘ITS’). 
‘‘(2) FUNCTIONS.— 
‘‘(A) IN
GENERAL.—In addition to any 
functions delegated by the Under Secretary 
under subparagraph (B), ITS shall serve as the 
primary laboratory for the executive branch of 
the Federal Government to— 
‘‘(i) study radio frequency emissions, 
including technologies and techniques to 
control such emissions and interference 
caused by such emissions; 
‘‘(ii) determine spectrum propagation 
characteristics; 
‘‘(iii) conduct tests on technology that 
enhances the sharing of electromagnetic 
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spectrum between Federal and non-Federal 
users; 
‘‘(iv) improve the interference toler-
ance of Federal systems operating with, or 
using, Federal spectrum; 
‘‘(v) promote activities relating to ac-
cess 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 Sec-
retary. 
‘‘(B) 
ADDITIONAL
FUNCTIONS.—The 
Under Secretary may delegate to ITS any of 
the functions assigned to the Under Secretary 
under section 103(b)(1). 
‘‘(3) AGREEMENTS
AND
TRANSACTIONS.—In 
carrying out the functions described in paragraph 
(2), the Under Secretary, acting through the head of 
ITS, may enter into agreements as provided under 
the following authorities: 
‘‘(A) Sections 11 and 12 of the Stevenson– 
Wydler Technology Innovation Act of 1980. 
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‘‘(B) Section 1535 of title 31, United 
States Code. 
‘‘(C) Sections 207 and 209 of title 35, 
United States Code. 
‘‘(D) Section 103(b)(2) of this Act. 
‘‘(E) Section 113(g) of this Act. 
‘‘(F) The first undesignated section of 
Public Law 91–412. 
‘‘(G) Authority provided under any other 
Federal statute. 
‘‘(4) FEDERAL SPECTRUM DEFINED.—In this 
subsection, the term ‘Federal spectrum’ means fre-
quencies assigned on a primary basis to a Federal 
entity (as defined in section 113(l)). 
‘‘(b) EMERGENCY COMMUNICATION AND TRACKING 
TECHNOLOGIES INITIATIVE.— 
‘‘(1) ESTABLISHMENT.—The Under Secretary, 
acting through the head of ITS, shall establish an 
initiative to support the development of emergency 
communication and tracking technologies for use in 
locating trapped individuals in confined spaces, such 
as underground mines, and other shielded environ-
ments, such as high-rise buildings or collapsed struc-
tures, where conventional radio communication is 
limited. 
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‘‘(2) ACTIVITIES.—In order to carry out this 
subsection, the Under Secretary, acting through the 
head of ITS, shall work with private sector entities 
and the heads of appropriate Federal agencies, to— 
‘‘(A) perform a needs assessment to iden-
tify 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 tech-
nologies. 
‘‘(3) REPORT.—Not later than 18 months after 
the date of the enactment of this section, the Under 
Secretary shall submit to Congress, and make pub-
licly available, a report on the assessment performed 
under paragraph (2)(A).’’. 
SEC. 205. COMMERCE SPECTRUM MANAGEMENT ADVISORY 
COMMITTEE. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.), as amended by the preceding provisions of 
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this Act, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 109. COMMERCE SPECTRUM MANAGEMENT ADVI-
SORY COMMITTEE. 
‘‘(a) ESTABLISHMENT.—There is established within 
NTIA a Commerce Spectrum Management Advisory Com-
mittee (referred to in this section as the ‘CSMAC’). 
‘‘(b) DUTIES.—The CSMAC shall advise and make 
recommendations to the Under Secretary with respect 
to— 
‘‘(1) developing and maintaining spectrum man-
agement policies that enable the United States to 
maintain or strengthen its global leadership role in 
the introduction of innovative communications tech-
nologies and services, including those that enable the 
United States to support the needs of homeland se-
curity, national defense, and other critical missions 
of the Federal Government; 
‘‘(2) objectives that advance spectrum-based in-
novation, including— 
‘‘(A) 
facilitating 
access 
to 
mobile 
broadband internet access service; 
‘‘(B) space-based services; and 
‘‘(C) other emerging technologies; 
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‘‘(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 plan-
ning process and identifying international opportuni-
ties to advance the economic interests of the United 
States through spectrum management; 
‘‘(7) how best to leverage radio frequency-re-
lated research, development, and testing and evalua-
tion efforts; 
‘‘(8) ways to foster more efficient and innova-
tive uses of electromagnetic spectrum resources 
across the Federal Government, subject to and con-
sistent with the needs and missions of Federal agen-
cies; 
‘‘(9) new issues associated with spectrum shar-
ing on frequencies assigned on a primary or co-pri-
mary basis to 1 or more Federal entities, including 
harmful interference and associated enforcement 
challenges; and 
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‘‘(10) developing balanced policies that promote 
both licensed and unlicensed access to spectrum. 
‘‘(c) MEMBERS.— 
‘‘(1) 
COMPOSITION
OF
COMMITTEE.—The 
CSMAC shall be composed of not less than 5 but 
not more than 30 members appointed by the Under 
Secretary that provide a balanced representation 
of— 
‘‘(A) non-Federal spectrum users; 
‘‘(B) State government and local govern-
ment; 
‘‘(C) technology developers and manufac-
turers; 
‘‘(D) academia; 
‘‘(E) civil society; 
‘‘(F) providers of mobile broadband inter-
net access service and providers of fixed 
broadband internet access service, including— 
‘‘(i) providers with customers in both 
domestic and international markets; 
‘‘(ii) small providers; and 
‘‘(iii) rural providers; and 
‘‘(G) providers of communications services 
using satellite communications networks. 
‘‘(2) APPOINTMENTS.— 
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‘‘(A) IN GENERAL.—The Under Secretary 
shall appoint members to the CSMAC for up to 
a two-year term, except that members may be 
reappointed for additional terms by the Under 
Secretary. 
‘‘(B) REMOVAL.—Each member appointed 
under subparagraph (A) shall serve on the 
CSMAC at the pleasure and discretion of the 
Under Secretary. 
‘‘(3) CHAIR.— 
‘‘(A) APPOINTMENT.—The Under Sec-
retary shall appoint one or more members from 
among those appointed to the CSMAC to serve 
as Chair or Co-Chairs of the CSMAC. 
‘‘(B) SERVICE.—The Chair, or Co-Chairs, 
as the case may be, shall serve at the pleasure 
and discretion of the Under Secretary. 
‘‘(4) VACANCY.—A vacancy on the CSMAC 
shall be filled in the manner in which the original 
appointment was made and the member so ap-
pointed shall serve for the remainder of the term. 
‘‘(5) COMPENSATION.—The members of the 
CSMAC shall serve without compensation. 
‘‘(d) SUBCOMMITTEES.— 
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‘‘(1) AUTHORITY.—Subject to the approval of 
the Under Secretary, as the Under Secretary deter-
mines necessary for the performance by the CSMAC 
of the duties described under subsection (b), the 
CSMAC may establish subcommittees, working 
groups, standing committees, ad hoc groups, task 
groups, or other subgroups of the CSMAC. 
‘‘(2) LIMITATION.—Any subcommittee, working 
group, standing committee, ad hoc group, task 
group, or other subgroup established under para-
graph (1)— 
‘‘(A) shall report to the CSMAC; and 
‘‘(B) may not provide any advice, rec-
ommendation, or other work product directly to 
the Under Secretary. 
‘‘(e) TERMINATION
OF CSMAC.—Notwithstanding 
section 1013 of title 5, United States Code, the CSMAC 
shall terminate on December 31, 2028.’’. 
SEC. 206. INCUMBENT INFORMING CAPABILITY. 
Part B of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
921 et seq.) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 120. INCUMBENT INFORMING CAPABILITY. 
‘‘(a) IN GENERAL.—The Under Secretary shall— 
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‘‘(1) not later than 120 days after the date of 
the enactment of this section, begin to amend the 
Department of Commerce spectrum management 
document entitled ‘Manual of Regulations and Pro-
cedures for Federal Radio Frequency Management’ 
so as to incorporate an incumbent informing capa-
bility; and 
‘‘(2) not later than the date on which amounts 
appropriated to carry out this section are first made 
available, begin to implement such capability, includ-
ing the development and testing of such capability. 
‘‘(b) ESTABLISHMENT OF THE INCUMBENT INFORM-
ING CAPABILITY.— 
‘‘(1) IN GENERAL.—The incumbent informing 
capability required by subsection (a) shall include a 
system to enable sharing, including time-based shar-
ing, to securely manage harmful interference be-
tween non-Federal users and incumbent Federal en-
tities sharing a band of covered spectrum and be-
tween Federal entities sharing a band of covered 
spectrum. 
‘‘(2) REQUIREMENTS FOR SYSTEM.—The sys-
tem required by paragraph (1) shall contain, at a 
minimum, the following: 
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‘‘(A) One or more mechanisms to allow 
non-Federal use in covered spectrum, as au-
thorized by the rules of the Commission. Such 
mechanism or mechanisms shall include inter-
faces to commercial sharing systems, as appro-
priate. 
‘‘(B) One or more mechanisms to facilitate 
Federal-to-Federal sharing, as authorized by 
the NTIA. 
‘‘(C) One or more mechanisms to prevent, 
eliminate, or mitigate harmful interference to 
incumbent Federal entities, including one or 
more of the following functions: 
‘‘(i) Sensing. 
‘‘(ii) Identification. 
‘‘(iii) Reporting. 
‘‘(iv) Analysis. 
‘‘(v) Resolution. 
‘‘(D) Dynamic coordination area analysis, 
definition, and control, if appropriate for a 
band. 
‘‘(3) COMPLIANCE WITH COMMISSION RULES.— 
The incumbent informing capability required by sub-
section (a) shall ensure that use of covered spectrum 
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is in accordance with the applicable rules of the 
Commission. 
‘‘(4) INPUT
OF
INFORMATION.—Each incum-
bent Federal entity sharing a band of covered spec-
trum shall— 
‘‘(A) input into the system required by 
paragraph (1) such information as the Under 
Secretary may require, including the frequency, 
time, and location of the use of the band by 
such Federal entity; and 
‘‘(B) to the extent practicable, input such 
information into such system on an automated 
basis. 
‘‘(5) PROTECTION
OF
CLASSIFIED
INFORMA-
TION
AND
CONTROLLED
UNCLASSIFIED
INFORMA-
TION.—The system required by paragraph (1) shall 
contain appropriate measures to protect classified 
information and controlled unclassified information, 
including any such classified information or con-
trolled unclassified information that relates to mili-
tary operations. 
‘‘(c) BRIEFING.—Not later than 1 year after the date 
on which amounts appropriated to carry out this section 
are first made available, the Under Secretary shall provide 
a briefing on the implementation of this section to the 
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Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate. 
‘‘(d) DEFINITIONS.—In this section: 
‘‘(1) COVERED SPECTRUM.—The term ‘covered 
spectrum’ means— 
‘‘(A) electromagnetic spectrum for which 
usage rights are assigned to or authorized for 
(including before the date on which the incum-
bent informing capability required by subsection 
(a) is implemented) a non-Federal user or class 
of non-Federal users for use on a shared basis 
with an incumbent Federal entity in accordance 
with the rules of the Commission; and 
‘‘(B) electromagnetic spectrum allocated 
on a primary or co-primary basis for Federal 
use that is shared among Federal entities. 
‘‘(2) FEDERAL ENTITY.—The term ‘Federal en-
tity’ has the meaning given such term in section 
113(l). 
‘‘(3) INCUMBENT
INFORMING
CAPABILITY.— 
The term ‘incumbent informing capability’ means a 
capability to facilitate the sharing of covered spec-
trum. 
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‘‘(e) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to alter or expand the authority 
of the NTIA as described in section 113(j)(1).’’. 
SEC. 207. WORKING GROUP ON PERFORMANCE CRITERIA 
FOR RADIO RECEIVERS. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—Not later than 90 days after 
the date of the enactment of this section, the Under 
Secretary shall convene a working group to develop, 
and periodically update, criteria, ratings, and other 
measures, including voluntary standards, for radio 
receivers operating in Federal systems in spectrum 
bands used only by Federal entities. 
(2) PURPOSE.—The purpose of the criteria, rat-
ings, and other measures, including voluntary stand-
ards, developed, and periodically updated, by the 
working group shall be to provide guidance on the 
design, manufacture, and sale of radio receivers op-
erating in Federal systems in spectrum bands used 
only by Federal entities with respect to the incorpo-
ration of appropriate measures to mitigate, or en-
hance resiliency to, potential harmful interference to 
ensure that the reasonable current and future use of 
cochannel and non-cochannel spectrum, including 
use by non-Federal systems of spectrum designated 
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by the Commission for commercial operations, will 
not result in receiver operations being seriously de-
graded or obstructed, including operations being re-
peatedly interrupted. 
(3) CRITERIA.—In developing, and periodically 
updating, criteria, ratings, and other measures, the 
working group shall take into consideration the 
unique technical and operational characteristics of 
the different Federal systems. 
(4) ADOPTION.—In developing, and periodically 
updating, criteria, ratings, and other measures, the 
working group may not publish under this section a 
criteria, rating, or other measure unless the Under 
Secretary determines— 
(A) the criteria, rating, or other measure; 
and 
(B) the specific technical parameters of the 
criteria, rating, or other measure. 
(5) FEDERAL ADVISORY COMMITTEE ACT EX-
EMPTION.—Chapter 10 of title 5, United States 
Code, shall not apply to the working group. 
(b) CHAIR; MEMBERS; PARTICIPATION BY FEDERAL 
ENTITIES.— 
(1) CHAIR AND MEMBERS.—The Chair of the 
working group shall be the Under Secretary and the 
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working group shall include representatives from the 
following: 
(A) The Commission. 
(B) The communications industry. 
(C) Academia. 
(D) Entities that manufacture radio receiv-
ers. 
(E) Entities that establish technical speci-
fications for radio receivers. 
(2) PARTICIPATION BY FEDERAL ENTITIES.— 
The Under Secretary shall invite a representative 
from each Federal entity to participate in the work-
ing group. 
(c) PUBLICATION
OF
CRITERIA, RATINGS, AND 
OTHER MEASURES.—Not later than 18 months after the 
date on which the working group is convened, the Under 
Secretary shall publish, consistent with the protection of 
classified information and intelligence sources and meth-
ods, the criteria, ratings, and other measures developed 
pursuant to subsection (a) on a publicly accessible page 
on the website of the NTIA and in the Federal Register. 
(d) PERIODIC REVIEW AND UPDATE.—Not less fre-
quently than every 4 years, the working group shall review 
and update, if appropriate, the criteria, ratings, and other 
measures published under subsection (c). Any such update 
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shall be published as described in subsection (c) not later 
than 14 days after the date on which the update is com-
pleted. 
(e) SAVINGS CLAUSE.—No action taken by the Under 
Secretary pursuant to this section shall be used to impose 
any obligation on manufacturers with respect to any radio 
receivers designed to operate exclusively in a system that 
is not a Federal system. 
(f) DEFINITIONS.—In this section: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
(2) FEDERAL ENTITY.—The term ‘‘Federal en-
tity’’ has the meaning given such term in section 
113(l) of the National Telecommunications and In-
formation Administration Organization Act (47 
U.S.C. 923(l)). 
(3) FEDERAL
SYSTEM.—The term ‘‘Federal 
system’’ means a system of radio stations belonging 
to and operated by the Federal Government that re-
ceives radio frequency signals on spectrum that is al-
located exclusively for Federal Government use or al-
located for both Federal and non-Federal operations. 
(4) WORKING
GROUP.—The term ‘‘working 
group’’ means the working group convened under 
subsection (a)(1). 
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TITLE III—OFFICE OF INTERNET 
CONNECTIVITY AND GROWTH 
SEC. 301. NATIONAL STRATEGY TO CLOSE DIGITAL DIVIDE. 
(a) NATIONAL STRATEGY.— 
(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of this Act, the 
Under Secretary, in consultation with the heads of 
the covered agencies, shall develop and submit to the 
appropriate committees of Congress a National 
Strategy to Close the Digital Divide to— 
(A) support better management of Federal 
broadband programs to deliver on the goal of 
providing high-speed, affordable broadband 
internet access service to all individuals in the 
United States; 
(B) synchronize interagency coordination 
among covered agencies for Federal broadband 
programs; 
(C) synchronize interagency coordination 
regarding the process for approving the grant 
of an easement, right of way, or lease to, in, 
over, or on a building or any other property 
owned by the Federal Government for the right 
to install, construct, modify, or maintain infra-
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structure with respect to broadband internet ac-
cess service; and 
(D) reduce barriers, lower costs, and ease 
administrative burdens for State, local, and 
Tribal governments to participate in Federal 
broadband programs. 
(2) 
REQUIRED
CONTENTS.—The 
Strategy 
shall— 
(A) list all— 
(i) Federal broadband programs; and 
(ii) programs known to the NTIA that 
exist at the State and local levels that are 
directly or indirectly intended to increase 
the deployment of, access to, the afford-
ability of, or the adoption of broadband 
internet access service; 
(B) describe current, as of the date on 
which the Strategy is submitted, Federal efforts 
to coordinate Federal broadband programs; 
(C) identify gaps and limitations, including 
with respect to laws and data, that hinder, or 
may 
hinder, 
coordination 
across 
Federal 
broadband programs; 
(D) establish clear roles and responsibil-
ities for the heads of the covered agencies, as 
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well as clear goals, objectives, and performance 
measures, for— 
(i) the management of all Federal 
broadband programs; and 
(ii) interagency coordination efforts 
with respect to Federal broadband pro-
grams; 
(E) address the cost of the Strategy, the 
sources and types of resources and investments 
needed to carry out the Strategy, and where 
those resources and investments should be tar-
geted based on balancing risk reductions with 
costs; 
(F) address factors that increase the costs 
and administrative burdens for State, local, and 
Tribal governments with respect to participa-
tion in Federal broadband programs; 
(G) recommend incentives, legislative solu-
tions, and administrative actions to help State, 
local, and Tribal governments more effi-
ciently— 
(i) distribute, and effectively admin-
ister, 
funding 
received 
from 
Federal 
broadband programs; and 
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(ii) resolve conflicts with respect to 
the funding described in clause (i); 
(H) recommend incentives, legislative solu-
tions, and administrative actions to— 
(i) improve the coordination and man-
agement of Federal broadband programs; 
and 
(ii) eliminate duplication with respect 
to Federal broadband programs; 
(I) describe current, as of the date on 
which the Strategy is submitted, efforts by cov-
ered 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 main-
tain infrastructure with respect to broadband 
internet access service; 
(J) identify gaps and limitations with re-
spect to allowing regional, interstate, or cross- 
border economic development organizations to 
participate in Federal broadband programs; and 
(K) address specific issues relating to clos-
ing the digital divide on Tribal lands. 
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(3) PUBLIC CONSULTATION.—In developing the 
Strategy, the Under Secretary shall consult with— 
(A) groups that represent consumers or 
the interests of the public, including economi-
cally or socially disadvantaged individuals; 
(B) subject matter experts; 
(C) providers of broadband internet access 
service; 
(D) Tribal entities; and 
(E) State and local agencies and entities. 
(b) IMPLEMENTATION PLAN.— 
(1) IN
GENERAL.—Not later than 240 days 
after the date on which the Under Secretary submits 
the Strategy to the appropriate committees of Con-
gress under subsection (a)(1), the Under Secretary 
shall develop and submit to the appropriate commit-
tees of Congress an implementation plan for the 
Strategy. 
(2) REQUIRED
CONTENTS.—The Implementa-
tion Plan shall, at a minimum— 
(A) provide a plan for implementing the 
roles, responsibilities, goals, objectives, and per-
formance measures for the management of Fed-
eral broadband programs and interagency co-
ordination efforts identified in the Strategy; 
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(B) provide a plan for holding the covered 
agencies accountable for the roles, responsibil-
ities, goals, objectives, and performance meas-
ures identified in the Strategy; 
(C) describe the roles and responsibilities 
of the covered agencies, and the interagency 
mechanisms, to coordinate the implementation 
of the Strategy; 
(D) provide a plan for regular meetings 
among the heads of the covered agencies to co-
ordinate the implementation of the Strategy 
and 
improve 
coordination 
among 
Federal 
broadband programs and for permitting proc-
esses 
for 
infrastructure 
with 
respect 
to 
broadband internet access service; 
(E) provide a plan for regular engagement 
with interested members of the public to evalu-
ate Federal broadband programs, permitting 
processes for infrastructure with respect to 
broadband internet access service, and progress 
in implementing the Strategy; 
(F) with respect to the awarding of Fed-
eral funds or subsidies to support the deploy-
ment of broadband internet access service, pro-
vide a plan for the adoption of— 
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(i) common data sets regarding those 
awards, including a requirement that cov-
ered agencies use the maps created under 
title VIII of the Communications Act of 
1934 (47 U.S.C. 641 et seq.); and 
(ii) 
applications 
regarding 
those 
awards, as described in section 903(e) of 
the ACCESS BROADBAND Act (47 
U.S.C. 1307(e)); 
(G) provide a plan to monitor and reduce 
waste, fraud, and abuse in Federal broadband 
programs, including wasteful spending resulting 
from fragmented, overlapping, and unneces-
sarily duplicative programs; 
(H) require consistent obligation and ex-
penditure reporting by covered agencies for 
Federal broadband programs, which shall be 
consistent with section 903(c)(2) of the AC-
CESS 
BROADBAND 
Act 
(47 
U.S.C. 
1307(c)(2)); 
(I) provide a plan to— 
(i) increase awareness of, and partici-
pation 
and 
enrollment 
in, 
Federal 
broadband programs relating to the afford-
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ability and adoption of broadband internet 
access service; 
(ii) adopt common data sets with re-
spect to such Federal broadband programs 
and make such data sets available as open 
Government data assets; and 
(iii) address barriers to participation 
in such Federal broadband programs for 
eligible households; 
(J) provide a plan to monitor the consist-
ency, affordability, and quality of broadband 
internet access service supported by Federal 
broadband programs; and 
(K) describe the administrative and legisla-
tive action that is necessary to carry out the 
Strategy. 
(3) PUBLIC COMMENT.—Not later than 30 days 
after the date on which the Under Secretary submits 
the Strategy to the appropriate committees of Con-
gress under subsection (a)(1), the Under Secretary 
shall seek public comment regarding the develop-
ment and implementation of the Implementation 
Plan. 
(c) BRIEFINGS AND IMPLEMENTATION.— 
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(1) BRIEFING.—Not later than 21 days after 
the date on which the Under Secretary submits the 
Implementation Plan to the appropriate committees 
of Congress under subsection (b)(1), the Under Sec-
retary, and appropriate representatives from the cov-
ered agencies involved in the formulation of the 
Strategy, shall provide a briefing on the implementa-
tion of the Strategy to the appropriate committees 
of Congress. 
(2) IMPLEMENTATION.— 
(A) IN GENERAL.—The Under Secretary 
shall— 
(i) implement the Strategy in accord-
ance with the terms of the Implementation 
Plan; and 
(ii) not later than 90 days after the 
date on which the Under Secretary begins 
to implement the Strategy, and not less 
frequently than once every 90 days there-
after until the date on which the Imple-
mentation Plan is fully implemented, brief 
the appropriate committees of Congress on 
the progress in implementing the Imple-
mentation Plan. 
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(B) RULE OF CONSTRUCTION.—Nothing in 
this paragraph may be construed to affect the 
authority or jurisdiction of the Commission or 
confer upon the Under Secretary or any execu-
tive agency the power to direct the actions of 
the Commission, either directly or indirectly. 
(d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
AND REPORT.— 
(1) STUDY.—The Comptroller General of the 
United States shall conduct a study that shall— 
(A) examine the efficacy of the Strategy 
and the Implementation Plan in closing the dig-
ital divide; and 
(B) make recommendations regarding how 
to improve the Strategy and the Implementa-
tion Plan. 
(2) REPORT.—Not later than 1 year after the 
date on which the Under Secretary submits the Im-
plementation 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 con-
ducted under paragraph (1). 
(e) DEFINITIONS.—In this section: 
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(1) 
APPROPRIATE
COMMITTEES
OF
CON-
GRESS.—The term ‘‘appropriate committees of Con-
gress’’ means— 
(A) the Committee on Commerce, Science, 
and Transportation of the Senate; and 
(B) the Committee on Energy and Com-
merce of the House of Representatives. 
(2) COVERED AGENCIES.—The term ‘‘covered 
agencies’’ means— 
(A) the Commission; 
(B) the Department of Agriculture; 
(C) the NTIA; 
(D) the Department of Health and Human 
Services; 
(E) the Appalachian Regional Commission; 
(F) the Delta Regional Authority; 
(G) the Economic Development Adminis-
tration; 
(H) the Department of Education; 
(I) the Department of the Treasury; 
(J) the Department of Transportation; 
(K) the Institute of Museum and Library 
Services; 
(L) the Northern Border Regional Com-
mission; 
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(M) the Department of Housing and 
Urban Development; and 
(N) the Department of the Interior. 
(3) FEDERAL
BROADBAND
PROGRAM.—The 
term ‘‘Federal broadband program’’ means any pro-
gram administered by a covered agency that is di-
rectly or indirectly intended to increase the deploy-
ment of, access to, the affordability of, or the adop-
tion of broadband internet access service. 
(4) IMPLEMENTATION PLAN.—The term ‘‘Im-
plementation Plan’’ means the implementation plan 
developed under subsection (b)(1). 
(5) STATE.—The term ‘‘State’’ means each 
State of the United States, the District of Columbia, 
and each commonwealth, territory, or possession of 
the United States. 
(6) STRATEGY.—The term ‘‘Strategy’’ means 
the National Strategy to Close the Digital Divide de-
veloped under subsection (a)(1). 
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TITLE IV—OFFICE OF POLICY 
DEVELOPMENT AND CYBER-
SECURITY 
SEC. 401. OFFICE OF POLICY DEVELOPMENT AND CYBER-
SECURITY. 
(a) IN GENERAL.—Part A of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 901 et seq.), as amended by the 
preceding provisions of this Act, is further amended by 
adding at the end the following: 
‘‘SEC. 110. OFFICE OF POLICY DEVELOPMENT AND CYBER-
SECURITY. 
‘‘(a) ESTABLISHMENT.—There is established within 
the NTIA an Office of Policy Development and Cybersecu-
rity (in this section referred to as the ‘Office’). 
‘‘(b) HEAD OF OFFICE.— 
‘‘(1) IN
GENERAL.—The head of the Office 
shall be an Associate Administrator for Policy Devel-
opment and Cybersecurity (in this section referred to 
as the ‘Associate Administrator’). 
‘‘(2) CAREER POSITION.—The position of Asso-
ciate Administrator shall be a career position in the 
Senior Executive Service occupied by a career ap-
pointee (as that term is defined in section 
3132(a)(4) of title 5, United States Code). 
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‘‘(3) REQUIREMENT
TO
REPORT.—The Asso-
ciate Administrator shall report to the Under Sec-
retary. 
‘‘(c) DUTIES.— 
‘‘(1) IN
GENERAL.—The Associate Adminis-
trator shall, at the direction of the Under Secretary, 
oversee and conduct national communications and 
information policy analysis and development for the 
internet and communications technologies. 
‘‘(2) PARTICULAR
DUTIES.—In carrying out 
paragraph (1), the Associate Administrator shall, at 
the direction of the Under Secretary— 
‘‘(A) develop, analyze, and advocate for 
market-based policies that promote innovation, 
competition, consumer access, digital inclusion, 
workforce development, and economic growth in 
the communications, media, and technology 
markets; 
‘‘(B) conduct studies, as delegated by the 
Under Secretary or required by Congress, on 
how individuals in the United States access and 
use the internet, wireline and wireless teleph-
ony, mass media, other digital services, and 
video services; 
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‘‘(C) coordinate transparent, consensus- 
based, multistakeholder processes to create 
guidance for and to support the development 
and implementation of cybersecurity and pri-
vacy policies with respect to the internet and 
other communications networks; 
‘‘(D) promote increased collaboration be-
tween 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 es-
tablished 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 in-
novation, including policies that promote secure 
communications network supply chains; 
‘‘(G) present security of the digital econ-
omy and infrastructure and cybersecurity policy 
efforts before the Commission, Congress, and 
elsewhere; 
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‘‘(H) provide advice and assistance to the 
Under Secretary in carrying out the policy re-
sponsibilities of the NTIA with respect to cyber-
security 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 mat-
ters as the Under Secretary considers appro-
priate; 
‘‘(J) develop policies to accelerate innova-
tion and commercialization with respect to ad-
vances in technological understanding of com-
munications technologies; 
‘‘(K) identify barriers to trust, security, in-
novation, 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 commu-
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nications technologies, consistent with the pro-
tection of classified information; 
‘‘(M) strengthen collaboration on and co-
ordination of policies relating to innovation and 
commercialization with respect to communica-
tions technologies, including policies focused on 
the needs of small businesses and rural commu-
nities— 
‘‘(i) within the Department of Com-
merce; 
‘‘(ii) between the Department of Com-
merce 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 pro-
viders, as appropriate.’’. 
(b) REDESIGNATION OF ASSOCIATE ADMINISTRATOR; 
CONTINUATION OF SERVICE.— 
(1) REDESIGNATION.—The position of Asso-
ciate Administrator for Policy Analysis and Develop-
ment at the NTIA is hereby redesignated as the po-
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sition of Associate Administrator for Policy Develop-
ment and Cybersecurity. 
(2) CONTINUATION
OF
SERVICE.—The indi-
vidual serving as Associate Administrator for Policy 
Analysis and Development at the NTIA on the date 
of the enactment of this Act shall become, as of such 
date, the Associate Administrator for Policy Devel-
opment and Cybersecurity. 
SEC. 402. ECONOMIC COMPETITIVENESS OF INFORMATION 
AND COMMUNICATION TECHNOLOGY SUPPLY 
CHAIN. 
(a) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Secretary shall submit 
to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a report on the 
information and communication technology supply chain 
that— 
(1) identifies— 
(A) information and communication tech-
nology critical to the economic competitiveness 
of the United States; and 
(B) the industrial capacity of— 
(i) 
United 
States 
vendors 
that 
produce information and communication 
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tiveness of such information and commu-
nication technology vendors; 
(B) defined lines of effort and responsibil-
ities for Federal agencies to implement the 
strategy; and 
(C) a description of— 
(i) any change to a Federal program, 
Federal law, or structure of the Federal 
Government necessary to implement any 
recommendation under subparagraph (A); 
and 
(ii) any additional Federal resource 
necessary to implement any recommenda-
tion under subparagraph (A). 
(2) REPORT.—Not later than 180 days after 
the submission of the report required by subsection 
(a), the Secretary shall submit to the Committee on 
Energy and Commerce of the House of Representa-
tives and the Committee on Commerce, Science, and 
Transportation of the Senate a report containing the 
strategy developed under paragraph (1). 
(c) CONSULTATION REQUIRED.—In carrying out sub-
sections (a) and (b), the Secretary shall consult with— 
(1) a cross-section of trusted information and 
communication technology vendors; and 
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(2) the Secretary of State, the Secretary of 
Homeland Security, the Attorney General, the Direc-
tor of National Intelligence, the Chair of the Com-
mission, and any other head of an agency the Sec-
retary determines necessary. 
(d) DEFINITIONS.—In this section: 
(1) ADVANCED
TELECOMMUNICATIONS
CAPA-
BILITY.—The term ‘‘advanced telecommunications 
capability’’ has the meaning given that term in sec-
tion 706(d) of the Telecommunications Act of 1996 
(47 U.S.C. 1302(d)). 
(2) INFORMATION AND COMMUNICATION TECH-
NOLOGY.—The term ‘‘information and communica-
tion technology’’ means a technology (including soft-
ware), component, or material that enables commu-
nications by radio or wire. 
(3) INFORMATION AND COMMUNICATION TECH-
NOLOGY
SUPPLY
CHAIN.—The term ‘‘information 
and communication technology supply chain’’ means 
all of the companies that produce information and 
communication technology. 
(4) NOT TRUSTED.—The term ‘‘not trusted’’ 
means, with respect to a company or information 
and communication technology, that the company or 
information and communication technology is deter-
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mined by the Secretary to pose an unacceptable risk 
to the national security of the United States or the 
security and safety of United States persons based 
solely on one or more determinations described 
under paragraphs (1) through (4) of section 2(c) of 
the Secure and Trusted Communications Networks 
Act of 2019 (47 U.S.C. 1601(c)). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of Commerce, acting through the 
Under Secretary. 
(6) TRUSTED.—The term ‘‘trusted’’ means, 
with respect to a company, that the Secretary has 
not determined that the company is not trusted. 
(7) TRUSTED INFORMATION AND COMMUNICA-
TION TECHNOLOGY VENDOR.—The term ‘‘trusted in-
formation and communication technology vendor’’ 
means a company— 
(A) that produces information and commu-
nication technology; and 
(B) that is trusted. 
SEC. 403. DIGITAL ECONOMY AND CYBERSECURITY BOARD 
OF ADVISORS. 
Part A of the National Telecommunications and In-
formation Administration Organization Act (47 U.S.C. 
901 et seq.), as amended by the preceding provisions of 
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this Act, is further amended by adding at the end the fol-
lowing: 
‘‘SEC. 110A. DIGITAL ECONOMY AND CYBERSECURITY 
BOARD OF ADVISORS. 
‘‘(a) ESTABLISHMENT.—There is established within 
the NTIA a Digital Economy and Cybersecurity Board of 
Advisors (in this section referred to as the ‘Board’). 
‘‘(b) DUTIES.—The Board shall provide to the Under 
Secretary recommendations (for implementation by the 
Under Secretary or that the Under Secretary could rec-
ommend 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 devel-
opment and implementation of cybersecurity prac-
tices with respect to the internet and information 
and communications networks. 
‘‘(3) Policies that foster collaboration through 
public-private partnerships to promote the security 
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and resilience to cybersecurity incidents of informa-
tion 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, secu-
rity, innovation, and commercialization with respect 
to information and communications networks. 
‘‘(c) MEMBERS.— 
‘‘(1) COMPOSITION.— 
‘‘(A) IN GENERAL.—The Board shall be 
composed of not fewer than 5, and not more 
than 25, members appointed by the Under Sec-
retary. 
‘‘(B) EXPERTISE.—Each member of the 
Board shall have cybersecurity or supply chain 
security technical expertise, cybersecurity or 
supply chain security policy expertise, or exper-
tise in managing or overseeing the cybersecurity 
or supply chain security functions of a business. 
‘‘(C) REPRESENTATION.—In appointing 
members of the Board under subparagraph (A), 
the Under Secretary shall ensure that the mem-
bers appointed provide a balanced representa-
tion of the following: 
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‘‘(i) Chief cybersecurity officers or 
other qualified individuals employed in cy-
bersecurity 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 communica-
tions networks. 
‘‘(iii) Vendors that produce or provide 
equipment used in information and com-
munications networks. 
‘‘(iv) Vendors that produce or provide 
software used in information and commu-
nications networks. 
‘‘(v) Persons who operate or maintain 
internet applications. 
‘‘(2) TERMS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (C) and (D), each member of 
the Board shall be appointed for a term of a 
length not to exceed 2 years, to be determined 
by the Under Secretary. 
‘‘(B) REAPPOINTMENT.—A member of the 
Board, including a member appointed to fill a 
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vacancy as provided in subparagraph (D), may 
be reappointed for 1 or more additional terms 
by the Under Secretary. 
‘‘(C) REMOVAL.—The Under Secretary 
may remove a member of the Board at the dis-
cretion of the Under Secretary. 
‘‘(D) VACANCY.—Any member of the 
Board appointed to fill a vacancy occurring be-
fore the expiration of the term for which the 
predecessor of the member was appointed shall 
be appointed only for the remainder of such 
term. A vacancy in the Board shall be filled in 
the manner in which the original appointment 
was made. 
‘‘(3) CHAIR.—The Chair of the Board shall be 
the Associate Administrator of the NTIA for Policy 
Development and Cybersecurity. 
‘‘(4) COMPENSATION.—The members of the 
Board shall serve without compensation. 
‘‘(d) SUBCOMMITTEES.— 
‘‘(1) AUTHORITY.—Subject to the approval of 
the Under Secretary, as the Under Secretary deter-
mines necessary for the performance by the Board 
of the duties described in subsection (b), the Board 
may establish subcommittees, working groups, 
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standing committees, ad hoc groups, task groups, or 
other subgroups of the Board. 
‘‘(2) LIMITATION.—Any subcommittee, working 
group, standing committee, ad hoc group, task 
group, or other subgroup of the Board established 
under paragraph (1)— 
‘‘(A) shall report to the Board; and 
‘‘(B) may not provide any advice, rec-
ommendation, or other work product directly to 
the Under Secretary. 
‘‘(e) TERMINATION.—Notwithstanding section 1013 
of title 5, United States Code, the Board shall terminate 
on the date that is 4 years after the date of the enactment 
of this section. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) BORDER GATEWAY PROTOCOL.—The term 
‘Border Gateway Protocol’ means the routing pro-
tocol used to exchange network reachability informa-
tion among independently managed networks on the 
internet. 
‘‘(2) INFORMATION AND COMMUNICATIONS NET-
WORK.—The term ‘information and communications 
network’ means a network that provides advanced 
telecommunications capability (as defined in section 
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706(d) of the Telecommunications Act of 1996 (47 
U.S.C. 1302(d))).’’. 
SEC. 404. CYBERSECURITY LITERACY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States has a national security and 
economic interest in promoting cybersecurity literacy 
amongst the general public. 
(b) IN GENERAL.—The Under Secretary shall de-
velop and conduct a cybersecurity literacy campaign 
(which shall be available in multiple languages and for-
mats, if practicable) to increase the knowledge and aware-
ness of individuals in the United States with respect to 
best practices to reduce cybersecurity risks. 
(c) CAMPAIGN REQUIREMENTS.—In carrying out 
subsection (b), the Under Secretary shall— 
(1) educate individuals in the United States on 
how to prevent and mitigate cyberattacks and cyber-
security risks, including by— 
(A) instructing such individuals on how to 
identify— 
(i) phishing emails and messages; and 
(ii) secure websites; 
(B) instructing such individuals about the 
benefits of changing default passwords on hard-
ware and software technology; 
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(C) encouraging the use of cybersecurity 
tools, including— 
(i) multi-factor authentication; 
(ii) complex passwords; 
(iii) anti-virus software; 
(iv) patching and updating software 
and applications; and 
(v) virtual private networks; 
(D) identifying the devices that could pose 
possible cybersecurity risks, including— 
(i) personal computers; 
(ii) smartphones; 
(iii) tablets; 
(iv) Wi-Fi routers; 
(v) smart home appliances; 
(vi) webcams; 
(vii) internet-connected monitors; and 
(viii) any other device that can be con-
nected to the internet, including mobile de-
vices other than smartphones and tablets; 
(E) encouraging such individuals to— 
(i) regularly review mobile application 
permissions; 
(ii) decline privilege requests from mo-
bile applications that are unnecessary; 
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(iii) download applications only from 
trusted vendors or sources; and 
(iv) consider a product’s life cycle and 
the developer or manufacturer’s commit-
ment to providing security updates during 
a connected device’s expected period of use; 
and 
(F) identifying the potential cybersecurity 
risks of using publicly available Wi-Fi networks 
and the methods a user may utilize to limit 
such risks; and 
(2) encourage individuals in the United States 
to use resources to help mitigate the cybersecurity 
risks identified in this subsection. 
SEC. 405. UNDERSTANDING CYBERSECURITY OF MOBILE 
NETWORKS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Under Secretary, 
in consultation with the Department of Homeland Secu-
rity, shall submit to the Committee on Energy and Com-
merce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate 
a report examining the cybersecurity of mobile service net-
works and the vulnerability of such networks and mobile 
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devices to cyberattacks and surveillance conducted by ad-
versaries. 
(b) MATTERS TO BE INCLUDED.—The report re-
quired by subsection (a) shall include the following: 
(1) An assessment of the degree to which pro-
viders of mobile service have addressed, are address-
ing, 
or 
have 
not 
addressed 
cybersecurity 
vulnerabilities (including vulnerabilities the exploi-
tation of which could lead to surveillance conducted 
by adversaries) identified by academic and inde-
pendent researchers, multistakeholder standards and 
technical organizations, industry experts, and Fed-
eral agencies, including in relevant reports of— 
(A) the NTIA; 
(B) the National Institute of Standards 
and Technology; and 
(C) the Department of Homeland Security, 
including— 
(i) the Cybersecurity and Infrastruc-
ture Security Agency; and 
(ii) the Science and Technology Direc-
torate. 
(2) A discussion of— 
(A) the degree to which customers (includ-
ing consumers, companies, and government 
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agencies) consider cybersecurity as a factor 
when considering the purchase of mobile service 
and mobile devices; and 
(B) the commercial availability of tools, 
frameworks, best practices, and other resources 
for enabling such customers to evaluate cyber-
security risk and price tradeoffs. 
(3) A discussion of the degree to which pro-
viders of mobile service have implemented cybersecu-
rity best practices and risk assessment frameworks. 
(4) An estimate and discussion of the preva-
lence and efficacy of encryption and authentication 
algorithms and techniques used in each of the fol-
lowing: 
(A) Mobile service. 
(B) Mobile communications equipment or 
services. 
(C) Commonly used mobile phones and 
other mobile devices. 
(D) Commonly used mobile operating sys-
tems and communications software and applica-
tions. 
(5) A discussion of the barriers for providers of 
mobile service to adopt more efficacious encryption 
and authentication algorithms and techniques and to 
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prohibit the use of older encryption and authentica-
tion algorithms and techniques with established 
vulnerabilities in mobile service, mobile communica-
tions equipment or services, and mobile phones and 
other mobile devices. 
(6) An estimate and discussion of the preva-
lence, usage, and availability of technologies that au-
thenticate legitimate mobile service and mobile com-
munications equipment or services to which mobile 
phones and other mobile devices are connected. 
(7) An estimate and discussion of the preva-
lence, costs, commercial availability, and usage by 
adversaries in the United States of cell site simula-
tors (often known as international mobile subscriber 
identity catchers) and other mobile service surveil-
lance and interception technologies. 
(c) CONSULTATION.—In preparing the report re-
quired by subsection (a), the Under Secretary shall, to the 
degree practicable, consult with— 
(1) the Commission; 
(2) the National Institute of Standards and 
Technology; 
(3) the intelligence community; 
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(4) the Cybersecurity and Infrastructure Secu-
rity Agency of the Department of Homeland Secu-
rity; 
(5) the Science and Technology Directorate of 
the Department of Homeland Security; 
(6) academic and independent researchers with 
expertise in privacy, encryption, cybersecurity, and 
network threats; 
(7) participants in multistakeholder standards 
and technical organizations (including the 3rd Gen-
eration Partnership Project and the Internet Engi-
neering Task Force); 
(8) international stakeholders, in coordination 
with the Department of State as appropriate; 
(9) providers of mobile service, including small 
providers (or the representatives of such providers) 
and rural providers (or the representatives of such 
providers); 
(10) manufacturers, operators, and providers of 
mobile communications equipment or services and 
mobile phones and other mobile devices; 
(11) developers of mobile operating systems and 
communications software and applications; and 
(12) other experts that the Under Secretary 
considers appropriate. 
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(d) SCOPE
OF
REPORT.—The Under Secretary 
shall— 
(1) limit the report required by subsection (a) 
to mobile service networks; 
(2) exclude consideration of 5G protocols and 
networks in the report required by subsection (a); 
(3) limit the assessment required by subsection 
(b)(1) to vulnerabilities that have been shown to 
be— 
(A) exploited in non-laboratory settings; or 
(B) feasibly and practicably exploitable in 
real-world conditions; and 
(4) consider in the report required by sub-
section (a) vulnerabilities that have been effectively 
mitigated by manufacturers of mobile phones and 
other mobile devices. 
(e) FORM OF REPORT.— 
(1) CLASSIFIED INFORMATION.—The report re-
quired by subsection (a) shall be produced in unclas-
sified form but may contain a classified annex. 
(2) POTENTIALLY EXPLOITABLE UNCLASSIFIED 
INFORMATION.—The Under Secretary shall redact 
potentially exploitable unclassified information from 
the report required by subsection (a) but shall pro-
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vide an unredacted form of the report to the com-
mittees described in such subsection. 
(f) DEFINITIONS.—In this section: 
(1) ADVERSARY.—The term ‘‘adversary’’ in-
cludes— 
(A) any unauthorized hacker or other in-
truder into a mobile service network; and 
(B) any foreign government or foreign 
nongovernment person engaged in a long-term 
pattern or serious instances of conduct signifi-
cantly adverse to the national security of the 
United States or security and safety of United 
States persons. 
(2) ENTITY.—The term ‘‘entity’’ means a part-
nership, association, trust, joint venture, corpora-
tion, group, subgroup, or other organization. 
(3) INTELLIGENCE
COMMUNITY.—The term 
‘‘intelligence community’’ has the meaning given 
that term in section 3 of the National Security Act 
of 1947 (50 U.S.C. 3003). 
(4) MOBILE COMMUNICATIONS EQUIPMENT OR 
SERVICE.—The term ‘‘mobile communications equip-
ment or service’’ means any equipment or service 
that is essential to the provision of mobile service. 
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(5) MOBILE SERVICE.—The term ‘‘mobile serv-
ice’’ means, to the extent provided to United States 
customers, either or both of the following services: 
(A) Commercial mobile service (as defined 
in section 332(d) of the Communications Act of 
1934 (47 U.S.C. 332(d))). 
(B) Commercial mobile data service (as de-
fined in section 6001 of the Middle Class Tax 
Relief and Job Creation Act of 2012 (47 U.S.C. 
1401)). 
(6) PERSON.—The term ‘‘person’’ means an in-
dividual or entity. 
(7) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) an individual who is a United States 
citizen or an alien lawfully admitted for perma-
nent residence to the United States; 
(B) an entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
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SEC. 406. OPEN RAN OUTREACH. 
(a) IN GENERAL.—The Under Secretary shall con-
duct outreach and provide technical assistance to small 
communications network providers— 
(1) to raise awareness regarding the uses, bene-
fits, and challenges of Open RAN networks and 
other open network architectures; and 
(2) regarding participation in the grant pro-
gram established under section 9202(a)(1) of the 
William M. (Mac) Thornberry National Defense Au-
thorization Act for Fiscal Year 2021 (47 U.S.C. 
906(a)(1)). 
(b) DEFINITIONS.—In this section: 
(1) UNDER
SECRETARY.—The term ‘‘Under 
Secretary’’ means the Under Secretary, acting 
through the head of the Office of Internet 
Connectivity and Growth. 
(2) OPEN
NETWORK
ARCHITECTURE.—The 
term ‘‘open network architecture’’ means Open RAN 
networks and other network elements that follow a 
set of published open standards for multi-vendor 
network equipment interoperability, including open 
core and open transport. 
(3) OPEN
RAN
NETWORK.—The term ‘‘Open 
RAN network’’ means a wireless network that fol-
lows the Open Radio Access Network approach to 
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standardization adopted by the O–RAN Alliance, 
Telecom Infra Project, or Third Generation Partner-
ship Project (3GPP), or any similar set of published 
open standards for multi-vendor network equipment 
interoperability. 
TITLE V—OFFICE OF PUBLIC 
SAFETY COMMUNICATIONS 
SEC. 501. ESTABLISHMENT OF THE OFFICE OF PUBLIC 
SAFETY COMMUNICATIONS. 
Part A of the National Telecommunications and In-
formation 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 fol-
lowing: 
‘‘SEC. 110B. ESTABLISHMENT OF THE OFFICE OF PUBLIC 
SAFETY COMMUNICATIONS. 
‘‘(a) ESTABLISHMENT.—There is established within 
the NTIA an Office of Public Safety Communications (in 
this section referred to as the ‘Office’). 
‘‘(b) HEAD OF OFFICE.— 
‘‘(1) IN
GENERAL.—The head of the Office 
shall be an Associate Administrator for Public Safe-
ty Communications (in this section referred to as the 
‘Associate Administrator’). 
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‘‘(2) CAREER POSITION.—The position of Asso-
ciate Administrator shall be a career position in the 
Senior Executive Service occupied by a career ap-
pointee (as that term is defined in section 
3132(a)(4) of title 5, United States Code). 
‘‘(3) REQUIREMENT
TO
REPORT.—The Asso-
ciate Administrator shall report to the Under Sec-
retary. 
‘‘(c) DUTIES.—The Associate Administrator shall, at 
the direction of the Under Secretary— 
‘‘(1) administer any grant program of the Fed-
eral Government related to Next Generation 9–1–1 
on behalf of the Under Secretary; 
‘‘(2) analyze public safety policy communica-
tions 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 enti-
ties of the executive branch of the Federal Gov-
ernment; 
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‘‘(4) carry out any duties established under sec-
tion 10 of Department Organizational Order 25–7 of 
the Department of Commerce titled ‘National Tele-
communications and Information Administration’, 
effective September 17, 2012; 
‘‘(5) be responsible for the oversight of— 
‘‘(A) the studies carried out by the Federal 
Government relating to enhancing public safety 
communication; and 
‘‘(B) the prototyping (including leading 
edge prototyping) and deployment by the Fed-
eral Government of advanced communications 
technologies that enhance public safety commu-
nications, 
including 
through 
test-protocol, 
model, or simulation tools for the testing and 
validation of such technologies; 
‘‘(6) communicate public safety communications 
policies to public entities, including the Commission 
and Congress, or private entities; and 
‘‘(7) carry out any duties regarding the respon-
sibilities of the NTIA with respect to public safety 
communications policy as the Under Secretary may 
designate.’’. 
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TITLE VI—OFFICE OF 
INTERNATIONAL AFFAIRS 
SEC. 601. OFFICE OF INTERNATIONAL AFFAIRS. 
Part A of the National Telecommunications and In-
formation 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 fol-
lowing: 
‘‘SEC. 110C. OFFICE OF INTERNATIONAL AFFAIRS. 
‘‘(a) ESTABLISHMENT.—There is established within 
the NTIA an Office of International Affairs (in this sec-
tion referred to as the ‘Office’). 
‘‘(b) HEAD OF OFFICE.— 
‘‘(1) IN
GENERAL.—The head of the Office 
shall be an Associate Administrator for International 
Affairs (in this section referred to as the ‘Associate 
Administrator’). 
‘‘(2) CAREER POSITION.—The position of Asso-
ciate Administrator shall be a career position in the 
Senior Executive Service occupied by a career ap-
pointee (as that term is defined in section 
3132(a)(4) of title 5, United States Code). 
‘‘(3) REQUIREMENT
TO
REPORT.—The Asso-
ciate Administrator shall report to the Under Sec-
retary. 
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‘‘(c) DUTIES.—The Associate Administrator shall, at 
the direction of the Under Secretary— 
‘‘(1) conduct analysis of, review, and formulate 
international telecommunications and information 
policy; 
‘‘(2) present on international telecommuni-
cations and information policy before the Commis-
sion, Congress, international telecommunications 
bodies, including the International Telecommuni-
cation Union, and others; 
‘‘(3) conduct or obtain analysis on economic 
and other aspects of international telecommuni-
cations and information policy; 
‘‘(4) formulate, and recommend to the Under 
Secretary, polices and plans with respect to prepara-
tion for and participation in international tele-
communications and information policy activities; 
‘‘(5) coordinate NTIA and interdepartmental 
economic, technical, operational, and other prepara-
tions 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 
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policy meetings and the activities related to prepara-
tion for such meetings; 
‘‘(7) coordinate with Federal agencies and pri-
vate organizations engaged in activities involving 
international telecommunications and information 
policy matters and maintain cognizance of the activi-
ties of United States signatories with respect to re-
lated treaties, agreements, and other instruments; 
‘‘(8) provide advice and assistance related to 
international telecommunications and information 
policy to other Federal agencies charged with re-
sponsibility 
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 inter-
national impact of matters pending before the Com-
mission, other Federal agencies, and Congress; 
‘‘(10) carry out responsibilities under the Com-
munications 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 
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100 
information policy that the Under Secretary may 
designate.’’. 
SEC. 602. ESTABLISHMENT OF INTERAGENCY NATIONAL 
SECURITY REVIEW PROCESS. 
(a) IN GENERAL.—Part A of the National Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 901 et seq.), as amended by the 
preceding provisions of this Act, is further amended by 
adding at the end the following: 
‘‘SEC. 110D. ESTABLISHMENT OF INTERAGENCY NATIONAL 
SECURITY REVIEW PROCESS. 
‘‘(a) ESTABLISHMENT.—Not later than 180 days 
after the date of the enactment of this section, the Under 
Secretary, in coordination with the head of each appro-
priate Federal entity, shall develop and issue procedures 
for, and establish, an interagency review process (which 
shall include each appropriate Federal entity) that con-
siders the law enforcement and national security policy im-
plications of the approval of a covered application that 
may arise from the foreign ownership interests held in the 
covered applicant that submitted the covered application. 
‘‘(b) APPLICABILITY.—Any covered application pend-
ing before the Commission that was submitted by a cov-
ered applicant with more than the threshold foreign own-
ership limit, after the covered applicant declines an oppor-
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101 
tunity to remedy the foreign ownership of the covered ap-
plicant, is subject to review under the review process es-
tablished pursuant to subsection (a). 
‘‘(c) PROCESS AND PROCEDURAL REQUIREMENTS.— 
‘‘(1) REFERRAL FOR REVIEW.— 
‘‘(A) REQUIREMENT FOR FCC TO REFER 
COMPLETE
APPLICATION.—The 
Commission 
shall refer any covered application subject to 
the review process established pursuant to sub-
section (a) to the Under Secretary promptly 
after the Commission determines that the cov-
ered application, under the rules and regula-
tions of the Commission, is complete. 
‘‘(B) REFERRAL OF OTHER REQUESTS.— 
The Commission may refer for review under the 
review process established pursuant to sub-
section (a) any other request for action by the 
Commission for which the Commission deter-
mines review is necessary under such process. 
‘‘(2) INTERAGENCY REVIEW DEADLINE; DETER-
MINATION.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the date on which the Under Sec-
retary receives a referral from the Commission 
pursuant to paragraph (1)— 
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102 
‘‘(i) the review of the covered applica-
tion or other request under the review 
process established pursuant to subsection 
(a) shall be completed; 
‘‘(ii) the Under Secretary, in coordi-
nation with the head of each appropriate 
Federal entity, shall make a determina-
tion— 
‘‘(I) to recommend to the Com-
mission that the Commission grant, 
grant conditioned on mitigation, or 
deny the covered application or other 
request; or 
‘‘(II) that the Under Secretary 
cannot make a recommendation with 
respect to the covered application or 
other request; and 
‘‘(iii) if the Under Secretary deter-
mines under clause (ii) that the Under 
Secretary cannot make a recommendation 
with respect to the covered application or 
other request, the President shall make a 
determination to recommend to the Com-
mission that the Commission grant, grant 
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103 
conditioned on mitigation, or deny the cov-
ered application or other request. 
‘‘(B) EXTENSION.—The Under Secretary, 
in coordination with the head of each appro-
priate Federal entity, may extend the deadline 
described in subparagraph (A) an additional 45 
days. 
‘‘(C) NOTIFICATION
OF
EXTENSION.—If 
the Under Secretary, in coordination with the 
head of each appropriate Federal entity, ex-
tends the deadline pursuant to subparagraph 
(B), the Under Secretary shall notify the cov-
ered applicant or other requesting party of the 
extension. 
‘‘(3) NOTIFICATION OF DETERMINATION.—Not 
later than 3 days (excepting Saturdays, Sundays, 
and legal holidays) after the Under Secretary or the 
President (as the case may be) makes a determina-
tion under paragraph (2)(A) to recommend that the 
Commission grant, grant conditioned on mitigation, 
or deny the application or other request, the Under 
Secretary shall notify, in writing, the Commission 
and the covered applicant or other requesting party 
of the determination. 
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104 
‘‘(4) DISCLOSURE OF STATUS OF REVIEW.—Not 
later than 5 days (excepting Saturdays, Sundays, 
and legal holidays) after receiving an inquiry from a 
covered applicant or other requesting party for an 
update with respect to the status of the review of the 
covered application or other request of the covered 
applicant or other requesting party that was referred 
by the Commission for review under the review proc-
ess established pursuant to subsection (a), the 
Under Secretary, in coordination with the head of 
each appropriate Federal entity, shall provide, con-
sistent with the protection of classified information 
and intelligence sources and methods, a complete 
and accurate written response to the covered appli-
cant or other requesting party, the Commission, and 
the appropriate congressional committees. 
‘‘(5) STANDARDIZATION OF INFORMATION RE-
QUIRED.—With respect to the review process estab-
lished pursuant to subsection (a), the Under Sec-
retary, in coordination with the head of each appro-
priate Federal entity, shall establish a list of ques-
tions 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 
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105 
maximum extent possible, be standardized for any 
potential covered applicant or other requesting 
party. 
‘‘(6) DEADLINE FOR PROVISION OF INFORMA-
TION REQUESTED.—Not later than 10 days after the 
date on which the Under Secretary, in coordination 
with the head of each appropriate Federal entity, re-
quests information from a covered applicant or other 
requesting party, the covered applicant or other re-
questing party shall submit, in writing, to the NTIA 
complete and accurate responses. 
‘‘(d) CONFIDENTIALITY OF INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), any information or documentary material 
provided to the Under Secretary under the review 
process established pursuant to subsection (a) shall 
be exempt from disclosure under section 552 of title 
5, United States Code, and no such information or 
documentary material may be made public. 
‘‘(2) EXCEPTIONS.—Paragraph (1) does not 
prohibit disclosure of the following: 
‘‘(A) Information disclosed for purposes of 
an administrative or judicial action or pro-
ceeding. 
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106 
‘‘(B) Information disclosed to Congress or 
a duly authorized committee or subcommittee of 
Congress. 
‘‘(C) Information disclosed to a domestic 
governmental entity, or to a foreign govern-
mental entity of a United States ally or part-
ner, under the exclusive direction and author-
ization of the Under Secretary, only to the ex-
tent necessary for national security purposes 
and subject to appropriate confidentiality and 
classification requirements. 
‘‘(D) Information disclosed to a third party 
by mutual agreement of a covered applicant and 
the Under Secretary, in consultation with ap-
propriate Federal entities. 
‘‘(e) RULE OF CONSTRUCTION.—Except as provided 
in subsection (d), nothing in this section may be construed 
as limiting, superseding, or preventing the invocation of 
any privileges or defenses that are otherwise available at 
law or in equity to protect against the disclosure of infor-
mation. 
‘‘(f) DEFINITIONS.—In this section: 
‘‘(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘appropriate congressional com-
mittees’ means the Committee on Energy and Com-
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107 
merce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of 
the Senate. 
‘‘(2) APPROPRIATE
FEDERAL
ENTITIES.—The 
term ‘appropriate Federal entities’ means the fol-
lowing: 
‘‘(A) The Department of Commerce. 
‘‘(B) The Department of Defense. 
‘‘(C) The Department of Homeland Secu-
rity. 
‘‘(D) The Department of Justice. 
‘‘(E) The Department of the Treasury. 
‘‘(F) The Department of State. 
‘‘(G) The United States Trade Representa-
tive. 
‘‘(H) The Federal Bureau of Investigation. 
‘‘(I) The Executive Office of the President. 
‘‘(J) The Office of the Director of National 
Intelligence. 
‘‘(3) CLASSIFIED
INFORMATION.—The term 
‘classified information’ means any information or 
material that has been determined by the Federal 
Government pursuant to an Executive order, statute, 
or regulation, to require protection against unau-
thorized disclosure for reasons of national security. 
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108 
‘‘(4) COVERED APPLICANT.—The term ‘covered 
applicant’ means an entity seeking approval of a 
covered application from the Commission. 
‘‘(5) COVERED APPLICATION.— 
‘‘(A) IN GENERAL.—The term ‘covered ap-
plication’ 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 ti-
tled ‘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 li-
cense; or 
‘‘(II) an assignment or transfer 
of control of a submarine cable land-
ing license; or 
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109 
‘‘(iii) an application for a new license, 
or for the transfer, assignment, or disposal 
of an existing license under section 310(d) 
of the Communications Act of 1934 (47 
U.S.C. 310(d)), that is— 
‘‘(I) subject to approval by the 
Commission under section 310(b)(4) 
of such Act (47 U.S.C. 310(b)(4)); or 
‘‘(II) eligible, under the rules of 
the 
Commission, 
for 
forbearance 
under section 10 of such Act (47 
U.S.C. 160) from the application of 
paragraph (1), (2), or (3) of section 
310(b) of such Act (47 U.S.C. 
310(b)). 
‘‘(B) LIMITATION.—The term ‘covered ap-
plication’ does not include the following: 
‘‘(i) An application described in sub-
paragraph (A) with respect to which the 
applicant seeks to transfer, assign, or oth-
erwise dispose of an authorization or li-
cense to an entity that— 
‘‘(I) is owned or controlled by 
such applicant; 
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