II 118th CONGRESS 2d Session S. 3781 IN THE SENATE OF THE UNITED STATES February 8 (legislative day, February 7), 2024 Ms. Duckworth (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the National Telecommunications and Information Administration Organization Act to codify the Institute for Telecommunication Sciences, to direct the Assistant Secretary of Commerce for Communications and Information to establish an initiative to support the development of emergency communication and tracking technologies, and for other purposes.

1. Short title This Act may be cited as the Institute for Telecommunication Sciences Codification Act or the ITS Codification Act . 2. Institute for Telecommunication Sciences (a) Findings Congress finds the following: (1) The test center within the National Telecommunications and Information Administration (referred to in this subsection as the NTIA ) represents executive branch agencies on spectrum issues before the Federal Communications Commission. (2) Understanding radio frequency propagation characteristics and modeling is a critical component of making spectrum decisions. (3) Federal agencies rely on expert engineering studies, simulations, and analyses to make determinations about how to make spectrum available for commercial use, including through system relocations and identifying spectrum sharing opportunities through the NTIA. (4) Clearing of Federal spectrum, when feasible, is the priority action to take to make Federal spectrum available for commercial uses, as required by section 113(j)(1) of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 923(j)(1) ). (5) Sharing of Federal spectrum between Federal entities and commercial entities provides access to Federal spectrum for commercial uses in circumstances where clearing is not feasible. (6) The test center within the NTIA is the Federal Government’s premier expert laboratory for spectrum research activities, spectrum sharing innovation and testing, spectrum interference studies, and all activities related to advancing next generation wireless technologies. (7) The test center within the NTIA is critical for undertaking engineering studies and analyses that inform clearing or sharing opportunities and facilitate policy decisions to maximize the efficient use of spectrum resources. (b) Operation of test center Part A of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by adding at the end the following: 106. Institute for Telecommunication Sciences (a) Establishment (1) Definition In this subsection, the term Federal spectrum means frequencies assigned on a primary basis to a Federal entity, as defined in section 113(l). (2) Operation Under the authority provided to the Assistant Secretary under section 103, the Assistant Secretary shall operate a test center to be known as the Institute for Telecommunication Sciences (referred to in this section as ITS ). (3) Functions (A) In general In addition to any functions delegated by the Assistant 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 those emissions and interference caused by those emissions; (ii) determine spectrum propagation characteristics; (iii) conduct tests on technology that enhances the sharing of electromagnetic spectrum between Federal and non-Federal users; (iv) improve the interference tolerance of Federal systems operating with, or using, Federal spectrum; (v) promote activities relating to access to Federal spectrum by non-Federal users and the sharing of Federal spectrum between Federal and non-Federal users; and (vi) conduct such other activities determined necessary by the Assistant Secretary. (B) Additional functions The Assistant Secretary may delegate to ITS any of the functions assigned to the Assistant Secretary under section 103(b)(1). (4) Agreements and transactions In carrying out the functions described in paragraph (3), the Assistant 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 ( 15 U.S.C. 3710 , 3710a). (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 the Act entitled An Act to authorize the Department of Commerce to make special studies, to provide services, and to engage in joint projects, and for other purposes , approved September 25, 1970 ( Public Law 91–412 ). (G) As authorized in any other provision of Federal law. (b) Emergency communication and tracking technologies initiative (1) Establishment The Assistant Secretary, acting through the head of ITS, shall establish an initiative to support the development of emergency communication and tracking technologies for use in locating trapped individuals in confined spaces (such as underground mines) and other shielded environments (such as high-rise buildings or collapsed structures) where conventional radio communication is limited. (2) Activities In order to carry out this subsection, the Assistant Secretary, acting through the head of ITS, shall work with private sector entities and the heads of appropriate Federal agencies to— (A) perform a needs assessment to identify and evaluate the measurement, technical specifications, and conformity assessment needs required to improve the operation and reliability of emergency communication and tracking technologies described in paragraph (1); and (B) support the development of technical specifications and conformance architecture to improve the operation and reliability of emergency communication and tracking technologies described in paragraph (1). (3) Report Not later than 18 months after the date of enactment of this section, the Assistant Secretary shall submit to Congress, and make publicly available, a report on the assessment performed under paragraph (2)(A). .