II 117th CONGRESS 1st Session S. 3288 IN THE SENATE OF THE UNITED STATES November 30, 2021 Mr. Wicker (for himself and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reauthorize and reform the National Telecommunications and Information Administration, and for other purposes.

1. Short title; table of contents (a) Short title This Act may be cited as the NTIA Reauthorization and Reform Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—NTIA reauthorization and reform Sec. 101. Authorization of appropriations. Sec. 102. Under Secretary of Commerce for Communications and Information. Sec. 103. Coordination of executive branch views on matters before the Federal Communications Commission. Sec. 104. Modernization of agency mission. TITLE II—Other matters Sec. 201. Promotion of workforce programs. Sec. 202. Improved coordination between the FCC and the NTIA. Sec. 203. World Radiocommunication Conference ambassador. TITLE III—Effective date Sec. 301. Effective date. 2. Definitions In this Act: (1) Commission The term Commission means the Federal Communications Commission. (2) NTIA The term NTIA means the National Telecommunications and Information Administration. I NTIA reauthorization and reform 101. Authorization of appropriations Section 151 of the National Telecommunications and Information Administration Organization Act ( Public Law 102–538 ; 106 Stat. 3533) is amended— (1) by striking 1992 and and inserting 1992, ; and (2) by inserting and $52,831,000 for each of fiscal years 2022 and 2023, after 1993, . 102. Under Secretary of Commerce for Communications and Information (a) In general Section 103(a)(2) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a)(2) ) is amended by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information . (b) Pay Subchapter II of chapter 53 of title 5, United States Code, is amended— (1) in section 5314, by striking and Under Secretary of Commerce for Travel and Tourism and inserting Under Secretary of Commerce for Travel and Tourism, and Under Secretary of Commerce for Communications and Information ; and (2) in section 5315, by striking (11) after Assistant Secretaries of Commerce and inserting (10) . (c) Deputy Under Secretary (1) In general Section 103(a) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a) ), as amended by subsection (a) of this section, is amended by adding at the end the following: (3) Deputy Under Secretary The Deputy Under Secretary of Commerce for Communications and Information— (A) shall be the principal policy advisor of the Under Secretary; (B) shall perform such other functions as the Under Secretary shall from time to time assign or delegate; and (C) shall act as Under Secretary during the absence or disability of the Under Secretary or in the event of a vacancy in the office of the Under Secretary. . (2) Technical and conforming amendment Section 106(c) of the Public Telecommunications Financing Act of 1978 ( 5 U.S.C. 5316 note; Public Law 95–567 ) is amended by striking The position of Deputy Assistant Secretary of Commerce for Communications and Information, established in Department of Commerce Organization Order Numbered 10-10 (effective March 26, 1978), and inserting The position of Deputy Under Secretary of Commerce for Communications and Information, established under section 103(a) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(a) ), . (d) Continuation in office The individual serving as the Assistant Secretary of Commerce for Communications and Information and the individual serving as the Deputy Assistant Secretary of Commerce for Communications and Information on the day before the effective date under section 301 of this Act may serve as the Under Secretary of Commerce for Communications and Information and the Deputy Under Secretary of Commerce for Communications and Information, respectively, on and after that effective date without the need for renomination or reappointment. (e) Technical and conforming amendments (1) Communications Act of 1934 Section 344(d)(2) of the Communications Act of 1934 (as added by section 60602(a) of the Infrastructure Investment and Jobs Act ( Public Law 117–58 )) is amended by striking Assistant Secretary and inserting Under Secretary . (2) National Telecommunications and Information Administration Organization Act The National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary . (3) Homeland Security Act of 2002 Section 1805(d)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 575(d)(2) ) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information . (4) Agriculture Improvement Act of 2018 Section 6212 of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 950bb–6 ) is amended— (A) in subsection (d)(1), in the heading, by striking Assistant secretary and inserting Under Secretary ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (5) Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 Section 303 of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005 ( 8 U.S.C. 1721 note; Public Law 109–13 ) is repealed. (6) Broadband Data Improvement Act Section 214 of the Broadband Data Improvement Act ( 15 U.S.C. 6554 ) is amended— (A) in subsection (a), in the matter preceding paragraph (1), by striking Assistant Secretary and inserting Under Secretary ; (B) by striking subsection (b); and (C) by redesignating subsection (c) as subsection (b). (7) Electronic Signatures in Global and National Commerce Act Section 103(c) of the Electronic Signatures in Global and National Commerce Act ( 15 U.S.C. 7003(c) ) is amended— (A) by striking Exceptions .— and all that follows through Determinations .—If and inserting Exceptions .—If ; and (B) by striking such exceptions and inserting of the exceptions in subsections (a) and (b) . (8) Title 17, United States Code Section 1201 of title 17, United States Code, is amended— (A) in subsection (a)(1)(C), in the matter preceding clause (i), by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information ; and (B) in subsection (g), by striking paragraph (5). (9) Unlocking Consumer Choice and Wireless Competition Act Section 2(b) of the Unlocking Consumer Choice and Wireless Competition Act ( 17 U.S.C. 1201 note; Public Law 113–144 ) is amended by striking Assistant Secretary for Communications and Information of the Department of Commerce and inserting Under Secretary of Commerce for Communications and Information . (10) Implementing Recommendations of the 9/11 Commission Act of 2007 Section 2201(d) of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 42 U.S.C. 247d–3 note; Public Law 110–53 ) is repealed. (11) 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 . (12) 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 . (13) Warning, Alert, and Response Network Act Section 606 of the Warning, Alert, and Response Network Act ( 47 U.S.C. 1205 ) is amended— (A) in subsection (b), in the first sentence, by striking Assistant Secretary of Commerce for Communications and Information and inserting Under Secretary of Commerce for Communications and Information ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (14) American Recovery and Reinvestment Act of 2009 Section 6001 of the American Recovery and Reinvestment Act of 2009 ( 47 U.S.C. 1305 ) is amended by striking Assistant Secretary each place the term appears and inserting Under Secretary . (15) Middle Class Tax Relief and Job Creation Act of 2012 Title VI of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 et seq. ) is amended— (A) in section 6001 ( 47 U.S.C. 1401 )— (i) by striking paragraph (4); (ii) by redesignating paragraphs (5) through (31) as paragraphs (4) through (30), respectively; and (iii) by inserting after paragraph (30), as so redesignated, the following: (31) Under Secretary The term Under Secretary means the Under Secretary of Commerce for Communications and Information. ; (B) in subtitle D ( 47 U.S.C. 1451 et seq. )— (i) in section 6406 ( 47 U.S.C. 1453 )— (I) by striking subsections (b) and (c); and (II) by inserting after subsection (a) the following: (b) Definition In this section, the term 5350-5470 MHz band means the portion of the electromagnetic spectrum between the frequencies from 5350 megahertz to 5470 megahertz. ; and (ii) by striking section 6408; and (C) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (16) 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 . (17) Secure and Trusted Communications Networks Act of 2019 Section 8 of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1607 ) is amended— (A) in subsection (c)(1), in the heading, by striking Assistant secretary and inserting Under Secretary ; and (B) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (18) Title 51, United States Code Section 50112(3) of title 51, United States Code, is amended, in the matter preceding subparagraph (A), by striking Assistant Secretary each place the term appears and inserting Under Secretary . (19) Consolidated Appropriations Act, 2021 The Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended— (A) in title IX of division N— (i) in section 902(a)(2), in the heading, by striking Assistant Secretary and inserting Under Secretary ; (ii) in section 905— (I) in subsection (a)(1), in the heading, by striking Assistant Secretary and inserting Under Secretary ; (II) in subsection (c)(3)(B), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (III) in subsection (d)(2)(B), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (iii) by striking Assistant Secretary each place the term appears and inserting Under Secretary ; and (B) in title IX of division FF— (i) in section 903(g)(2), in the heading, by striking Assistant Secretary and inserting Under Secretary ; and (ii) by striking Assistant Secretary each place the term appears and inserting Under Secretary . (20) Infrastructure Investment and Jobs Act The Infrastructure Investment and Jobs Act ( Public Law 117–58 ) is amended— (A) in section 27003, by striking Assistant Secretary each place the term appears and inserting Under Secretary ; (B) in division F— (i) in section 60102— (I) in subsection (a)(2)(A), by striking Assistant Secretary and inserting Under Secretary ; (II) in subsection (d)(1), by striking Assistant Secretary and inserting Under Secretary ; and (III) in subsection (h)— (aa) in paragraph (1)(B), by striking Assistant Secretary and inserting Under Secretary ; and (bb) in paragraph (5)(B)(iii), by striking Assistant Secretary and inserting Under Secretary ; (ii) in title III— (I) in section 60302(5), by striking Assistant Secretary and inserting Under Secretary ; and (II) in section 60305(d)(2)(B)(ii), by striking Assistant Secretary and inserting Under Secretary ; (iii) in section 60401(a)(2), by striking Assistant Secretary and inserting Under Secretary ; and (iv) by striking Assistant Secretary each place the term appears and inserting Under Secretary ; (C) in section 90008(b)(3), by striking Assistant Secretary and inserting Under Secretary ; and (D) in division J, in the matter under the heading distance learning, telemedicine, and broadband program under the heading Rural Utilities Service under the heading Rural development programs , by striking Assistant Secretary and inserting Under Secretary . 103. Coordination of executive branch views on matters before the Federal Communications Commission Section 105(a)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 904(a)(1) ) is amended— (1) by striking to ensure that the conduct and inserting the following: to ensure that— (A) the conduct ; and (2) by striking the period at the end and inserting the following: ; and (B) the views of the executive branch on matters presented to the Commission are appropriately coordinated and reflective of executive branch policy, consistent with section 103(b)(2)(J). . 104. Modernization of agency mission (a) Policy Section 102(c) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901(c) ) is amended by adding at the end the following: (6) Fostering the digital economy as a critical component of the competitiveness, future economic growth, and security of the United States, and working to ensure that global communications networks remain open and innovative, without inappropriate barriers to entry or operation. (7) Achieving universal availability of and access to telecommunications and information networks and related technologies. . (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— (1) in the matter preceding subparagraph (A), by inserting , some of which were before transferred to the Secretary ; (2) in subparagraph (G)— (A) in clause (i), by inserting standards, after conferences, ; and (B) in clause (ii), by inserting , standards bodies, after telecommunications conferences ; (3) in subparagraph (H)— (A) by inserting and information after telecommunications, ; and (B) by striking and emergency readiness and inserting emergency readiness, intermediaries, universal service, and the flow of information ; and (4) in subparagraph (M)— (A) by inserting , publish reports, after studies, ; and (B) by inserting before the period at the end the following: , and concerning policy issues relating to communications, information, and the digital economy, including (but not limited to) considerations of interoperability, privacy, security, spectrum use, emergency readiness, intermediaries, universal service, and the flow of information . II Other matters 201. Promotion of workforce programs The NTIA, under the Broadband USA program, shall coordinate with the heads of other Federal agencies, including the Secretary of Labor and the Secretary of Education, to promote, and share information with States and the public regarding, workforce development programs, such as apprenticeships, internships, externships, and other skills training programs, tailored to the telecommunications industry. 202. Improved coordination between the FCC and the NTIA (a) Definition In this section, the term Memorandum means the Memorandum of Understanding on Spectrum Coordination executed by the Commission and the Administration on January 31, 2003. (b) Updates Not later than 120 days after the date of enactment of this Act, the Commission and the NTIA shall update the Memorandum to— (1) outline general processes for addressing technical, procedural, and policy differences regarding frequency allocation and related conditions and standards; (2) create a process for the resolution of non-routine policy disputes between the Commission and the NTIA, including specific timelines for an expeditious resolution; (3) clarify that— (A) Congress designated the NTIA to serve as the sole agency responsible for managing spectrum assigned to Federal agencies, and that, as a result, the NTIA represents Federal agencies in addressing technical, procedural, and policy differences regarding frequency allocation with the Commission, consistent with section 103(b) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b) ); and (B) the representation by the NTIA described in subparagraph (A) should involve the expertise of the NTIA in technical, engineering, and policy matters; (4) ensure that scientific analyses and testing are considered in actions involving spectrum allocation and standards; (5) ensure that short-, medium-, and long-term implications of spectrum policy and strategy are considered; (6) outline general processes for how the Commission and the NTIA will form staff standing working groups with regular meetings to discuss spectrum planning by the Commission and the NTIA; (7) outline general processes for how the Commission and the NTIA will jointly interact and consult with the Department of State in matters regarding international spectrum coordination proceedings; and (8) endeavor to ensure— (A) the efficient use of frequencies assigned to Federal agencies, consistent with the responsibilities of the NTIA under section 103(b)(2)(U) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(2)(U) ); and (B) that frequencies not required for the present or identifiable future needs of the Federal Government are reallocated to non-Federal Government users wherever possible. (c) Periodic updates Not later than 3 years after the date on which the Commission and the NTIA update the Memorandum under subsection (b), and every 4 years thereafter, the Commission and the NTIA shall update the Memorandum to reflect changing technological, procedural, and policy circumstances. (d) Report Not later than 1 year after the date of enactment of this Act, and every year thereafter, the Commission and the NTIA shall submit to Congress a report on joint spectrum planning activities. 203. World Radiocommunication Conference ambassador (a) In general Section 103(b)(3) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 902(b)(3) ) is amended— (1) in subparagraph (B), by striking and at the end; (2) in subparagraph (C), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (D) shall assign to the NTIA responsibility for providing advice and recommendations to the Secretary of State regarding candidates to serve as United States head of delegation and ambassador to the quadrennial World Radiocommunication Conference of the International Telecommunication Union, not later than 30 months before the first plenary meeting of a conference. . (b) Rank Section 302(a)(2) of the Foreign Service Act of 1980 ( 22 U.S.C. 3942(a)(2) ) is amended by adding at the end the following: (D) Notwithstanding subparagraph (B)(i), the President may confer the personal rank of ambassador to the United States head of delegation to the quadrennial World Radiocommunication Conference for a temporary term not exceeding 2 years in duration. . III Effective date 301. Effective date This Act and the amendments made by this Act shall take effect on the first day of the first pay period applicable to the Under Secretary of Commerce for Communications and Information (as so redesignated by section 102(a)) beginning on or after the date of enactment of this Act.