H.R. 4510 — what changed

“(3) Deputy under secretary—The Deputy Under Secretary of Commerce for Communications and Information shall—

“(A) be the principal policy advisor of the Under Secretary;

“(B) perform such other functions as the Under Secretary shall from time to time assign or delegate; and

“(C) act as Under Secretary during the absence or disability of the Under Secretary or in the event of a vacancy in the office of the Under Secretary.”

“Under Secretary of Commerce for Communications and Information.”

“(A) the conduct”

“(B) the views of the executive branch on matters presented to the Commission are, consistent with section 103(b)(2)(J)—

“(i) appropriately coordinated; and

“(ii) reflective of executive branch policy.”

“(6) Fostering the digital economy of the United States in order to ensure the competitiveness, future economic growth, and security of the United States.

“(7) Working to ensure that global communications networks remain open and innovative, including without inappropriate barriers to entry or operation.

“(8) With respect to the United States, in coordination with the Commission, achieving the universal availability of and access to telecommunications service and information service (as those terms are defined in section 3 of the Communications Act of 1934) and any technology related to such service.”

“(V) The authority to conduct studies, publish reports, and make recommendations—

“(i) on any Federal, State, local, or private policy or practice relating to communications, information, or the digital economy of the United States; and

“(ii) that consider interoperability, privacy, security, spectrum use, emergency readiness, the flow of information, and with respect to the United States, in coordination with the Commission, the universal availability of and access to telecommunications service and information service (as those terms are defined in section 3 of the Communications Act of 1934) and any technology related to such service.”

“(32) Under secretary—The term “Under Secretary” means the Under Secretary of Commerce for Communications and Information.”

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. Office of Spectrum Management

“(a) Establishment—There is established within the NTIA an Office of Spectrum Management (in this section referred to as the “Office”).

“(b) Head of Office

“(1) In general—The head of the Office shall be an Associate Administrator for Spectrum Management (in this section referred to as the “Associate Administrator”).

changed “(2) Career position—The position of Requirement to report—The Associate Administrator shall be a career position in report to the Senior Executive Service occupied by Under Secretary (or a career appointee (as that term is defined in section 3132(a)(4) designee of title 5, United States Code).the Under Secretary).

removed “(3) Requirement to report—The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary).

“(c) Duties—The Associate Administrator shall, at the direction of the Under Secretary—

“(1) carry out responsibilities under section 103(b)(2)(A) (relating to frequency assignments for radio stations belonging to and operated by the United States), make frequency allocations for frequencies that will be used by such stations, and develop and maintain techniques, databases, measurements, files, and procedures necessary for such allocations;

“(2) carry out responsibilities under section 103(b)(2)(K) (relating to establishing policies concerning spectrum assignments and use by radio stations belonging to and operated by the United States) and provide Federal agencies with guidance to ensure that the conduct of telecommunications activities by such agencies is consistent with such policies;

“(3) represent the interests of Federal agencies in the process through which the Commission and the NTIA jointly determine the National Table of Frequency Allocations, and coordinate with the Commission in the development of a comprehensive long-range plan for improved management of all electromagnetic spectrum resources;

added “(4) appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the ISAC (as defined in section 107(d));

removed “(4) appoint the chairpersons of and provide secretariat functions for the Interdepartmental Radio Advisory Committee and the PPSG (as defined in section 107(d));

“(5) carry out responsibilities under section 103(b)(2)(B) (relating to authorizing a foreign government to construct and operate a radio station at the seat of Government of the United States) and assign frequencies for use by such stations;

“(6) provide advice and assistance to the Under Secretary and coordinate with the Associate Administrator for International Affairs in carrying out spectrum management aspects of the international policy responsibilities of the NTIA, including spectrum-related responsibilities under section 103(b)(2)(G);

“(7) advise and assist the Under Secretary on spectrum-related technical and policy issues regarding—

“(A) the security of telecommunications in the United States; and

“(B) systems and means to ensure such security;

“(8) in coordination with the Associate Administrator for Policy Development and Cybersecurity, carry out spectrum-related responsibilities under section 103(b)(2)(H) (relating to coordination of the telecommunications activities of the executive branch and assistance in the formulation of policies and standards for such activities);

“(9) carry out spectrum-related responsibilities under section 103(b)(2)(Q) (relating to certain activities with respect to telecommunications resources);

“(10) carry out responsibilities under section 107 (relating to improving spectrum management); and

“(11) carry out any other duties of the NTIA with respect to spectrum policy that the Under Secretary may designate.”

Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:

“107. Improving Spectrum Management

“(a) Federal coordination procedures

“(1) Notice—With respect to each spectrum action, not later than the end of the period for submitting comments to the Commission in the proceeding relating to the spectrum action, the Under Secretary shall file in the public record with respect to the proceeding information (redacted as necessary if the information is protected from disclosure for a reason described in paragraph (3)) regarding—

“(A) when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum;

“(B) the Federal entities that may be impacted by the spectrum action;

“(C) when the Under Secretary provided notice to the Federal entities described in subparagraph (B) regarding the spectrum action;

“(D) a summary of any general technical or procedural concerns raised by Federal entities to the Under Secretary regarding the spectrum action; and

“(E) any policy concerns of the Under Secretary regarding the spectrum action.

“(2) Final rule—If the Commission promulgates a final rule under section 553 of title 5, United States Code, involving a spectrum action, the Commission shall prepare, make available to the public, and publish in the Federal Register along with the final rule an interagency coordination summary that describes—

“(A) when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum;

“(B) whether the Under Secretary raised technical, procedural, or policy concerns regarding the spectrum action; and

“(C) how any concerns described in subparagraph (B) were resolved.

“(3) Rule of construction—Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that is exempt from disclosure under section 552 of title 5, United States Code (commonly known as the “Freedom of Information Act”).

changed “(4) FCC consideration—The Commission may not consider any technical, procedural, or policy concerns of a Federal entity regarding a spectrum action unless such concerns are filed by the Under Secretary on behalf of the Federal entity in the public record with respect to the proceeding of the Commission relating to the spectrum action.consideration

added “(A) In general—The Commission may not consider any technical, procedural, or policy concerns of a Federal entity regarding a spectrum action unless such concerns are filed by the Under Secretary on behalf of the Federal entity in the public record, or in a classified non-public filing made in accordance with subparagraph (B), with respect to the proceeding of the Commission relating to the spectrum action.

added “(B) Classified information—Any classified information that is filed by the Under Secretary on behalf of a Federal entity with respect to the proceeding of the Commission relating to a spectrum action shall be filed in accordance with Commission procedures and using appropriate protective measures to prevent unauthorized disclosure.

“(b) Federal spectrum coordination responsibilities

removed “(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.

removed “(2) PPSG representative

changed “(A) “(1) In general—The head of each Federal entity that is reflected in general—Not later than 180 days after the membership date of the PPSG, as identified in enactment of this section, the charter established under paragraph (1), Under Secretary shall appoint a senior-level employee (or an individual occupying a Senior Executive Service position, as defined in section 3132(a) of title 5, United States Code) who is eligible to receive establish a security clearance that allows charter for access to sensitive compartmented information to serve as the representative of the Federal entity to the PPSG.ISAC.

added “(2) ISAC representative

added “(A) In general—The head of each Federal entity that is reflected in the membership of the ISAC, as identified in the charter established under paragraph (1), shall appoint a senior-level employee (or an individual occupying a Senior Executive Service position, as defined in section 3132(a) of title 5, United States Code) who is eligible to receive a security clearance that allows for access to sensitive compartmented information to serve as the representative of the Federal entity to the ISAC.

“(B) Security clearance requirement—If an individual appointed under subparagraph (A) is not eligible to receive a security clearance described in that subparagraph—

“(i) the appointment shall be invalid; and

“(ii) the head of the Federal entity making the appointment shall appoint another individual who satisfies the requirements of that subparagraph, including the requirement that the individual is eligible to receive such a security clearance.

“(3) Duties—An individual appointed under paragraph (2) shall—

“(A) oversee the spectrum coordination policies and procedures of the applicable Federal entity;

added “(B) be responsible for timely notification to the ISAC and to the Under Secretary of technical or procedural concerns of the applicable Federal entity regarding a spectrum action; and

removed “(B) be responsible for timely notification to the PPSG and to the Under Secretary of technical or procedural concerns of the applicable Federal entity regarding a spectrum action; and

“(C) work closely with the representative of the applicable Federal entity to the Interdepartmental Radio Advisory Committee.

“(4) Public contact

added “(A) In general—The head of each Federal entity described in paragraph (2) shall list, on the website of the Federal entity, the name and contact information of the representative of the Federal entity to the ISAC, as appointed under such paragraph.

added “(B) NTIA responsibility—The Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the ISAC appointed under paragraph (2).

removed “(A) In general—The head of each Federal entity described in paragraph (2) shall list, on the website of the Federal entity, the name and contact information of the representative of the Federal entity to the PPSG, as appointed under such paragraph.

removed “(B) NTIA responsibility—The Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the PPSG appointed under paragraph (2).

“(5) Annual report—In the last quarter of each calendar year, each executive agency that is authorized and directed to cooperate with the NTIA under section 105(c)(2) shall submit to the Under Secretary a report, for the fiscal year ending most recently before the beginning of such quarter, describing the steps taken in such fiscal year by the executive agency to comply with such section.

“(c) Coordination between Commission and NTIA

“(1) Updates—Not later than 3 years after the date of the enactment of this section, and every 4 years thereafter or more frequently as appropriate, the Commission and the NTIA shall update the Memorandum.

“(2) Nature of update—The updates required by paragraph (1) shall reflect such changing technological, procedural, and policy circumstances as the Commission and the NTIA determine necessary and appropriate.

“(d) Definitions—In this section:

removed “(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.

removed “(2) PPSG—The term PPSG means the interagency advisory body that, as of the date of the enactment of this section, is known as the Policy and Plans Steering Group.

changed “(3) Spectrum action—The “(1) ISAC—The term spectrum action ISAC means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) interagency advisory body that, as of the Communications Act date of 1934 (47 U.S.C. 309(j)) or non-Federal use that could potentially cause interference to the spectrum operations enactment of a Federal entity.”this section, is known as the Interagency Spectrum Advisory Council.

added “(2) 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.

added “(3) Spectrum action—The term spectrum action means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) or that could potentially cause interference to the spectrum operations of a Federal entity.”

changed “(f) Identification and facilitation of implementation of spectrum management technologies—The Under Secretary shall identify and implement facilitate implementation of technologies that promote, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities—

“(1) dynamic spectrum access;

“(2) network sensing and monitoring; and

“(3) optical and quantum communications.

“(g) Prototyping of advanced communications technologies—The Under Secretary shall, with respect to frequencies assigned on a primary or co-primary basis to 1 or more Federal entities—

“(1) encourage the development of, and broad participation in, a skilled workforce to conduct prototyping of advanced communications technologies; and

“(2) support partnerships among institutions to develop a skilled workforce to conduct prototyping of advanced communications technologies.”

Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:

“109. Commerce Spectrum Management Advisory Committee

“(a) Establishment

“(1) In general—Not later than 90 days after the date of the enactment of this section, the Under Secretary shall establish within the NTIA a Commerce Spectrum Management Advisory Committee (referred to in this section as the “CSMAC”).

“(2) Existing advisory committees—A Federal advisory committee of the NTIA that is operating, on the date of the enactment of this section, under a charter for the purpose of carrying out duties substantially similar to the duties described in subsection (b), satisfies the requirements of paragraph (1) if the membership of such committee complies with subsection (c) or is modified to comply with such subsection not later than 90 days after the date of the enactment of this section.

“(b) Duties—The CSMAC shall advise and make recommendations to the Under Secretary with respect to—

“(1) developing and maintaining spectrum management policies that enable the United States to maintain or strengthen its global leadership role in the introduction of innovative communications technologies and services, including those that enable critical missions of the Federal Government;

“(2) objectives that advance spectrum-based innovation, including facilitating access to—

“(A) wireless broadband internet access service;

“(B) space-based services;

“(C) non-communications services, including radiolocation services and sensing services; and

“(D) other emerging technologies;

“(3) fostering increased spectrum sharing among all users;

“(4) promoting innovation and rapid advances in technology that support the more efficient use of spectrum;

“(5) authorizing radio systems and frequencies in a way that maximizes the benefits to the public;

“(6) establishing a long-range spectrum planning process and identifying international opportunities to advance the economic interests of the United States through spectrum management;

“(7) how best to leverage radio frequency-related research, development, and testing and evaluation efforts;

“(8) ways to foster more efficient and innovative uses of electromagnetic spectrum resources across the Federal Government, subject to and consistent with the needs and missions of Federal agencies;

changed “(9) new issues associated with spectrum sharing on frequencies assigned on a primary or co-primary basis to 1 or more Federal entities, sharing, including harmful interference and associated enforcement challenges; and

“(10) developing balanced policies that promote licensed, unlicensed, and other forms of access to spectrum.

“(c) Members

“(1) Composition of Committee—To the extent practicable, the CSMAC shall be composed of not less than 10 but not more than 30 members appointed by the Under Secretary with the goal of providing a balanced representation of—

“(A) non-Federal spectrum users;

“(B) State government and local government;

“(C) technology developers and manufacturers;

“(D) academia;

“(E) civil society;

“(F) providers of mobile broadband internet access service and providers of fixed broadband internet access service, including—

“(i) providers with customers in both domestic and international markets;

“(ii) small providers; and

“(iii) rural providers;

“(G) providers of communications services using satellite communications networks;

changed “(H) Federal agency spectrum users; and

“(I) Tribal organizations.

“(2) Appointments

“(A) In general—The Under Secretary shall appoint members to the CSMAC for up to a two-year term, except that members may be reappointed for additional terms by the Under Secretary.

“(B) Removal—Each member appointed under subparagraph (A) shall serve on the CSMAC at the pleasure and discretion of the Under Secretary.

“(3) Chair

“(A) Appointment—The Under Secretary shall appoint one or more members from among those appointed to the CSMAC to serve as Chair or Co-Chairs of the CSMAC.

“(B) Service—The Chair, or Co-Chairs, as the case may be, shall serve at the pleasure and discretion of the Under Secretary.

“(4) Vacancy—A vacancy on the CSMAC shall be filled in the manner in which the original appointment was made and the member so appointed shall serve for the remainder of the term.

“(5) Compensation—The members of the CSMAC shall serve without compensation.

“(d) Subcommittees

“(1) Authority—Subject to the approval of the Under Secretary, as the Under Secretary determines necessary for the performance by the CSMAC of the duties described under subsection (b), the CSMAC may establish subcommittees, working groups, standing committees, ad hoc groups, task groups, or other subgroups of the CSMAC.

“(2) Limitations and additional participation—Any subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup established under paragraph (1)—

“(A) shall report to the CSMAC;

“(B) may not provide any advice, recommendation, or other work product directly to the Under Secretary; and

“(C) may seek participation by any person who is not a member of the CSMAC to inform the activity of such subcommittee, working group, standing committee, ad hoc group, task group, or other subgroup.

“(e) Duration—Section 1013(a)(2)(B) of title 5, United States Code (relating to the termination of advisory committees) shall not apply to the CSMAC.”

removed Part B of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 921 et seq.) is amended by adding at the end the following:

removed “120. Incumbent informing capability

removed “(a) In general—The Under Secretary shall—

removed “(1) not later than 120 days after the date of the enactment of this section, begin to amend the Department of Commerce spectrum management document entitled “Manual of Regulations and Procedures for Federal Radio Frequency Management” so as to incorporate an incumbent informing capability; and

removed “(2) not later than the date on which amounts appropriated to carry out this section are first made available, begin to implement such capability, including the development and testing of such capability.

removed “(b) Establishment of the incumbent informing capability

removed “(1) In general—The incumbent informing capability required by subsection (a) shall include a system to enable sharing, including time-based sharing, to securely manage harmful interference between non-Federal users and incumbent Federal entities sharing a band of covered spectrum and between Federal entities sharing a band of covered spectrum.

removed “(2) Requirements for system—The system required by paragraph (1) shall contain, at a minimum, the following:

removed “(A) One or more mechanisms to allow non-Federal use in covered spectrum, as authorized by the rules of the Commission. Such mechanism or mechanisms shall include interfaces to commercial sharing systems, as appropriate.

removed “(B) One or more mechanisms to facilitate Federal-to-Federal sharing, as authorized by the NTIA.

removed “(C) One or more mechanisms to prevent, eliminate, or mitigate harmful interference to incumbent Federal entities, including one or more of the following functions:

removed “(i) Sensing.

removed “(ii) Identification.

removed “(iii) Reporting.

removed “(iv) Analysis.

removed “(v) Resolution.

removed “(D) Dynamic coordination area analysis, definition, and control, if appropriate for a band.

removed “(3) Compliance with Commission rules—The incumbent informing capability required by subsection (a) shall ensure that use of covered spectrum is in accordance with the applicable rules of the Commission.

removed “(4) Input of information—Each incumbent Federal entity sharing a band of covered spectrum shall—

removed “(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

removed “(B) to the extent practicable, input such information into such system on an automated basis.

removed “(5) Protection of classified information and controlled unclassified information—The system required by paragraph (1) shall contain appropriate measures to protect classified information and controlled unclassified information, including any such classified information or controlled unclassified information that relates to military operations.

removed “(c) Briefing—Not later than 1 year after the date on which amounts appropriated to carry out this section are first made available, the Under Secretary shall provide a briefing on the implementation of this section to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

removed “(d) Definitions—In this section:

removed “(1) Covered spectrum—The term “covered spectrum” means—

removed “(A) electromagnetic spectrum for which usage rights are assigned to or authorized for (including before the date on which the incumbent informing capability required by subsection (a) is implemented) a non-Federal user or class of non-Federal users for use on a shared basis with an incumbent Federal entity in accordance with the rules of the Commission; and

removed “(B) electromagnetic spectrum allocated on a primary or co-primary basis for Federal use that is shared among Federal entities.

removed “(2) Federal entity—The term “Federal entity” has the meaning given such term in section 113(l).

removed “(3) Incumbent informing capability—The term “incumbent informing capability” means a capability to facilitate the sharing of covered spectrum.

removed “(e) Rule of construction—Nothing in this section may be construed to alter or expand the authority of the NTIA as described in section 113(j)(1).”

added Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:

added “110. Office of Policy Development and Cybersecurity

added “(a) Establishment—There is established within the NTIA an Office of Policy Development and Cybersecurity (in this section referred to as the “Office”).

added “(b) Head of Office

added “(1) In general—The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the “Associate Administrator”).

added “(2) Requirement to report—The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary).

added “(c) Duties

added “(1) In general—The Associate Administrator shall, at the direction of the Under Secretary, oversee and conduct national communications and information policy analysis and development for the internet and communications technologies.

added “(2) Particular duties—In carrying out paragraph (1), the Associate Administrator shall, at the direction of the Under Secretary—

added “(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;

added “(B) conduct studies, as delegated by the Under Secretary or required by Congress, on how individuals in the United States access and use the internet, wireline and wireless telephony, mass media, other digital services, and video services;

added “(C) coordinate transparent, consensus-based, multistakeholder processes to create guidance for and to support the development and implementation of cybersecurity and privacy policies with respect to the internet and other communications networks;

added “(D) promote increased collaboration between security researchers and providers of communications services and software system developers;

added “(E) perform such duties as the Under Secretary considers appropriate relating to the program for preventing future vulnerabilities established under section 8(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(a));

added “(F) advocate for policies that promote the security and resilience to cybersecurity incidents of communications networks while fostering innovation, including policies that promote secure communications network supply chains;

added “(G) present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere;

added “(H) provide advice and assistance to the Under Secretary in carrying out the policy responsibilities of the NTIA with respect to cybersecurity policy matters, including the evaluation of the impact of cybersecurity matters pending before the Commission, other Federal agencies, and Congress;

added “(I) in addition to the duties described in subparagraph (H), perform such other duties regarding the policy responsibilities of the NTIA with respect to cybersecurity policy matters as the Under Secretary considers appropriate;

added “(J) develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies;

added “(K) identify barriers to trust, security, innovation, and commercialization with respect to communications technologies, including access to capital and other resources, and ways to overcome such barriers;

added “(L) provide public access to relevant data, research, and technical assistance on innovation and commercialization with respect to communications technologies, consistent with the protection of classified information;

added “(M) strengthen collaboration on and coordination of policies relating to innovation and commercialization with respect to communications technologies, including policies focused on the needs of small businesses and rural communities—

added “(i) within the Department of Commerce;

added “(ii) between the Department of Commerce and State government agencies, as appropriate; and

added “(iii) between the Department of Commerce and the Commission or any other Federal agency the Under Secretary determines to be necessary; and

added “(N) solicit and consider feedback from small and rural communications service providers, as appropriate.”

removed “110. Office of Policy Development and Cybersecurity

removed “(a) Establishment—There is established within the NTIA an Office of Policy Development and Cybersecurity (in this section referred to as the “Office”).

removed “(b) Head of Office

removed “(1) In general—The head of the Office shall be an Associate Administrator for Policy Development and Cybersecurity (in this section referred to as the “Associate Administrator”).

removed “(2) Career position—The position of Associate Administrator shall be a career position in the Senior Executive Service occupied by a career appointee (as that term is defined in section 3132(a)(4) of title 5, United States Code).

removed “(3) Requirement to report—The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary).

removed “(c) Duties

removed “(1) In general—The Associate Administrator shall, at the direction of the Under Secretary, oversee and conduct national communications and information policy analysis and development for the internet and communications technologies.

removed “(2) Particular duties—In carrying out paragraph (1), the Associate Administrator shall, at the direction of the Under Secretary—

removed “(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;

removed “(B) conduct studies, as delegated by the Under Secretary or required by Congress, on how individuals in the United States access and use the internet, wireline and wireless telephony, mass media, other digital services, and video services;

removed “(C) coordinate transparent, consensus-based, multistakeholder processes to create guidance for and to support the development and implementation of cybersecurity and privacy policies with respect to the internet and other communications networks;

removed “(D) promote increased collaboration between security researchers and providers of communications services and software system developers;

removed “(E) perform such duties as the Under Secretary considers appropriate relating to the program for preventing future vulnerabilities established under section 8(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1607(a));

removed “(F) advocate for policies that promote the security and resilience to cybersecurity incidents of communications networks while fostering innovation, including policies that promote secure communications network supply chains;

removed “(G) present security of the digital economy and infrastructure and cybersecurity policy efforts before the Commission, Congress, and elsewhere;

removed “(H) provide advice and assistance to the Under Secretary in carrying out the policy responsibilities of the NTIA with respect to cybersecurity policy matters, including the evaluation of the impact of cybersecurity matters pending before the Commission, other Federal agencies, and Congress;

removed “(I) in addition to the duties described in subparagraph (H), perform such other duties regarding the policy responsibilities of the NTIA with respect to cybersecurity policy matters as the Under Secretary considers appropriate;

removed “(J) develop policies to accelerate innovation and commercialization with respect to advances in technological understanding of communications technologies;

removed “(K) identify barriers to trust, security, innovation, and commercialization with respect to communications technologies, including access to capital and other resources, and ways to overcome such barriers;

removed “(L) provide public access to relevant data, research, and technical assistance on innovation and commercialization with respect to communications technologies, consistent with the protection of classified information;

removed “(M) strengthen collaboration on and coordination of policies relating to innovation and commercialization with respect to communications technologies, including policies focused on the needs of small businesses and rural communities—

removed “(i) within the Department of Commerce;

removed “(ii) between the Department of Commerce and State government agencies, as appropriate; and

removed “(iii) between the Department of Commerce and the Commission or any other Federal agency the Under Secretary determines to be necessary; and

removed “(N) solicit and consider feedback from small and rural communications service providers, as appropriate.”

Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:

“110B. Establishment of the Office of Public Safety Communications

“(a) Establishment—There is established within the NTIA an Office of Public Safety Communications (in this section referred to as the “Office”).

“(b) Head of office

“(1) In general—The head of the Office shall be an Associate Administrator for Public Safety Communications (in this section referred to as the “Associate Administrator”).

changed “(2) Career position—The position of Requirement to report—The Associate Administrator shall be a career position in report to the Senior Executive Service occupied by Under Secretary (or a career appointee (as that term is defined in section 3132(a)(4) designee of title 5, United States Code).the Under Secretary).

removed “(3) Requirement to report—The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary).

“(c) Duties—The Associate Administrator shall, at the direction of the Under Secretary—

“(1) administer any grant program of the Federal Government related to Next Generation 9–1–1 on behalf of the Under Secretary;

“(2) analyze public safety policy communications issues, including by obtaining such analysis;

“(3) provide to the Under Secretary advice and assistance with respect to the Under Secretary—

“(A) carrying out the responsibilities of the NTIA related to public safety communications policy; and

“(B) evaluating the domestic impact of public safety communications matters pending before the Commission, Congress, or other entities of the executive branch of the Federal Government;

“(4) carry out any duties established under section 10 of Department Organizational Order 25–7 of the Department of Commerce titled “National Telecommunications and Information Administration”, effective September 17, 2012;

“(5) be responsible for the oversight of the studies carried out by the Federal Government relating to enhancing public safety communications;

“(6) coordinate with the head of the Institute of Telecommunication Sciences with respect to the initiative established under section 108(b);

“(7) communicate public safety communications policies to public entities, including the Commission and Congress, or private entities; and

“(8) carry out any duties regarding the responsibilities of the NTIA with respect to public safety communications policy as the Under Secretary may designate.

“(d) Coordination—The Associate Administrator shall, as the Under Secretary determines applicable, coordinate with Federal, State, local, and tribal government entities that are engaged in public safety communications in carrying out the duties of the Office.”

Part A of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 901 et seq.), as amended by the preceding provisions of this Act, is further amended by adding at the end the following:

“110C. Office of International Affairs

“(a) Establishment—There is established within the NTIA an Office of International Affairs (in this section referred to as the “Office”).

“(b) Head of Office

“(1) In general—The head of the Office shall be an Associate Administrator for International Affairs (in this section referred to as the “Associate Administrator”).

changed “(2) Career position—The position of Requirement to report—The Associate Administrator shall be a career position in report to the Senior Executive Service occupied by Under Secretary (or a career appointee (as that term is defined in section 3132(a)(4) designee of title 5, United States Code).the Under Secretary).

removed “(3) Requirement to report—The Associate Administrator shall report to the Under Secretary (or a designee of the Under Secretary).

“(c) Duties—The Associate Administrator shall, at the direction of the Under Secretary—

added “(1) in coordination with the Secretary of State, conduct analysis of, review, and formulate international telecommunications and information policy;

changed “(1) conduct analysis of, review, and formulate “(2) present on international telecommunications and information policy;policy—

changed “(2) present on international telecommunications and information policy “(A) before the Commission, Congress, international telecommunications bodies, including the International Telecommunication Union, and others;others; and

added “(B) in coordination with the Secretary of State, before international telecommunications bodies, including the International Telecommunication Union;

“(3) conduct or obtain analysis on economic and other aspects of international telecommunications and information policy;

“(4) formulate, and recommend to the Under Secretary, polices and plans with respect to preparation for and participation in international telecommunications and information policy activities;

added “(5) in coordination with the Secretary of State, coordinate NTIA and interdepartmental economic, technical, operational, and other preparations related to participation by the United States in international telecommunications and information policy conferences and negotiations;

removed “(5) coordinate NTIA and interdepartmental economic, technical, operational, and other preparations related to participation by the United States in international telecommunications and information policy conferences and negotiations;

“(6) ensure NTIA representation with respect to international telecommunications and information policy meetings and the activities related to preparation for such meetings;

“(7) coordinate with Federal agencies and private organizations engaged in activities involving international telecommunications and information policy matters and maintain cognizance of the activities of United States signatories with respect to related treaties, agreements, and other instruments;

“(8) provide advice and assistance related to international telecommunications and information policy to other Federal agencies charged with responsibility for international negotiations, to strengthen the position and serve the best interests of the United States in the conduct of negotiations with foreign nations;

“(9) provide advice and assistance to the Under Secretary with respect to evaluating the international impact of matters pending before the Commission, other Federal agencies, and Congress;

“(10) carry out, at the request of the Secretary, the responsibilities of the Secretary under the Communications Satellite Act of 1962 (47 U.S.C. 701 et seq.) and other Federal laws related to international telecommunications and information policy; and

“(11) carry out any other duties of the NTIA with respect to international telecommunications and information policy that the Under Secretary may designate.”

“110D. Establishment of interagency national security review process

“(a) Establishment and transition

“(1) Establishment—Not later than 180 days after the date of the enactment of this section, the Under Secretary, in coordination with the head of each appropriate Federal entity, shall develop and issue procedures for, and establish, an interagency review process (which shall include each appropriate Federal entity) that considers the law enforcement and national security policy implications of the approval of a covered application that may arise from the foreign ownership interests held in the covered applicant that submitted the covered application.

“(2) Transition—Upon establishment of the review process under paragraph (1), the Committee for the Assessment of Foreign Participation in the United States Telecommunications Services Sector, established by Executive Order 13913 (85 Fed. Reg. 19643), shall terminate.

“(b) Applicability—Any covered application pending before the Commission that was submitted by a covered applicant that meets or exceeds the threshold foreign ownership limit is subject to review under the review process established pursuant to subsection (a).

“(c) Process and procedural requirements

“(1) Referral for review

“(A) Requirement for FCC to refer complete application—The Commission shall refer any covered application subject to the review process established pursuant to subsection (a) to the Under Secretary promptly after the Commission determines that the covered application, under the rules and regulations of the Commission, is complete.

“(B) Referral of other requests—The Commission may refer for review under the review process established pursuant to subsection (a) any other request for action by the Commission for which the Commission determines review is necessary under such process.

“(2) Interagency review deadline; determination

“(A) In general—Not later than 120 days after the date on which the Under Secretary receives a referral from the Commission pursuant to paragraph (1)—

“(i) the review of the covered application or other request under the review process established pursuant to subsection (a) shall be completed; and

“(ii) the Under Secretary, in coordination with the head of each appropriate Federal entity, shall make a determination—

“(I) to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request; or

“(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request.

“(B) Presidential determination—If the Under Secretary determines under subparagraph (A)(ii)(II) that the Under Secretary cannot make a recommendation with respect to the covered application or other request, the President, not later than 15 days after the Under Secretary makes such determination, shall make a determination to recommend to the Commission that the Commission grant, grant conditioned on mitigation, or deny the covered application or other request.

“(C) Extension—The Under Secretary, in coordination with the head of each appropriate Federal entity, may extend the deadline described in subparagraph (A) an additional 45 days.

“(D) Notification of extension—If the Under Secretary, in coordination with the head of each appropriate Federal entity, extends a deadline pursuant to subparagraph (C), the Under Secretary shall provide notice of the extension to the covered applicant or other requesting party, the Commission, Congress, and any executive agency the Under Secretary determines appropriate.

“(3) Notification of determination—Not later than 7 days (excepting Saturdays, Sundays, and legal holidays) after the Under Secretary or the President (as the case may be) makes a determination under paragraph (2) to recommend that the Commission grant, grant conditioned on mitigation, or deny the application or other request, the Under Secretary shall notify, in writing, the Commission and the covered applicant or other requesting party of the determination.

“(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, the Commission, Congress, or an appropriate executive agency (as determined by the Under Secretary) for an update with respect to the status of the review of a relevant covered application or other request that was referred by the Commission for review under the review process established pursuant to subsection (a), the Under Secretary, in coordination with the head of each appropriate Federal entity, shall provide, consistent with the protection of classified information and intelligence sources and methods, a complete and accurate written response to such inquiry.

“(5) Standardization of information required—With respect to the review process established pursuant to subsection (a), the Under Secretary, in coordination with the Commission and the head of each appropriate Federal entity, shall establish a list of questions requesting written information from a covered applicant or other requesting party that shall be made publicly available and posted on the internet website of the NTIA. Such questions shall, to the maximum extent possible, be standardized for any potential covered applicant or other requesting party.

“(6) Deadline for provision of information requested—Not later than 10 days (excepting Saturdays, Sundays, and legal holidays) after the date on which the Under Secretary, in coordination with the head of each appropriate Federal entity, requests information from a covered applicant or other requesting party, the covered applicant or other requesting party shall submit, in writing, to the NTIA complete and accurate responses.

“(d) Confidentiality of information

changed “(1) In general—Except as provided in paragraph (2), any information or documentary material provided to the Under Secretary under the review process established pursuant to subsection (a) shall be exempt from disclosure under section 552 552(b)(3)(B) of title 5, United States Code, and no such information or documentary material may be made public.

“(2) Exceptions—Paragraph (1) does not prohibit disclosure of the following:

“(A) Information disclosed for purposes of an administrative or judicial action or proceeding, subject to appropriate confidentiality and classification requirements.

“(B) Information disclosed to Congress or a duly authorized committee or subcommittee of Congress, subject to appropriate confidentiality and classification requirements.

“(C) Information disclosed to a domestic governmental entity, or to a foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Under Secretary, only to the extent necessary for national security purposes and subject to appropriate confidentiality and classification requirements, including that confidential information disclosed shall remain confidential.

“(D) Information disclosed to a third party by mutual agreement of each relevant covered applicant and the Under Secretary, in consultation with appropriate Federal entities.

“(e) Rule of construction—Except as provided in subsection (d), nothing in this section may be construed as limiting, superseding, or preventing the invocation of any privileges or defenses that are otherwise available at law or in equity to protect against the disclosure of information.

“(f) Definitions—In this section:

“(1) Appropriate congressional committees—The term appropriate congressional committees means the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

“(2) Appropriate Federal entities—The term appropriate Federal entities means the following:

“(A) The Department of Commerce.

“(B) The Department of Defense.

“(C) The Department of Homeland Security.

“(D) The Department of Justice.

“(E) The Department of the Treasury.

“(F) The Department of State.

“(G) The United States Trade Representative.

“(H) The Executive Office of the President.

“(I) The Office of the Director of National Intelligence.

“(3) Classified information—The term classified information means any information or material that has been determined by the Federal Government pursuant to an Executive order, statute, or regulation, to require protection against unauthorized disclosure for reasons of national security.

“(4) Covered applicant—The term covered applicant means an entity seeking approval of a covered application from the Commission.

“(5) Covered application

“(A) In general—The term covered application means—

“(i) an application under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)) for authorization to undertake the construction of a new line or of an extension of any line, or to acquire or operate any line, or extension thereof, or to engage in transmission over or by means of such additional or extended line;

“(ii) an application under the Act titled “An Act relating to the landing and operation of submarine cables in the United States,” approved May 27, 1921 (47 U.S.C. 34 et seq.; 42 Stat. 8) for—

“(I) a submarine cable landing license; or

“(II) an assignment, modification, or transfer of control of a submarine cable landing license; or

“(iii) an application for a new license, or for the transfer, assignment, or disposal of an existing license under section 310(d) of the Communications Act of 1934 (47 U.S.C. 310(d)), that is—

“(I) subject to approval by the Commission under section 310(b)(4) of such Act (47 U.S.C. 310(b)(4)); or

“(II) eligible, under the rules of the Commission, for forbearance under section 10 of such Act (47 U.S.C. 160) from the application of paragraph (3) of section 310(b) of such Act (47 U.S.C. 310(b)).

“(B) Limitation—The term “covered application” does not include the following:

“(i) An application described in subparagraph (A) with respect to which the applicant seeks to transfer, assign, or otherwise dispose of an authorization or license to an entity that—

“(I) is owned or controlled by such applicant;

“(II) owns or controls such applicant; or

“(III) is under common ownership or control with such applicant.

“(ii) An application described in subparagraph (A) with respect to which the applicant—

“(I) is an applicant that has been previously approved under the review process established pursuant to subsection (a); and

“(II) at the time of such application does not have a level of foreign ownership that is more than 10 percent greater than the level of foreign ownership of such applicant—

“(aa) except as provided in item (bb), at any time such applicant was previously approved under the review process established pursuant to subsection (a); or

“(bb) if such applicant has been subjected to the review process established pursuant to subsection (a) as a result of exceeding a level of foreign ownership pursuant to this clause, at the time such applicant was most recently approved under such review process after having been subjected to such review process as a result of exceeding a level of foreign ownership pursuant to this clause.

“(iii) An application described in subparagraph (A)(i) that is domestic.

“(iv) An application described in subparagraph (A) with respect to which the foreign ownership interests of the applicant are held by wholly owned intermediate holding companies that are controlled by—

“(I) a citizen of the United States; or

“(II) an entity organized under the laws of the United States.

“(6) Threshold foreign ownership limit—The term threshold foreign ownership limit means foreign ownership of, as applicable—

“(A) at least the amount determined by the Commission under section 214(a) of the Communications Act of 1934 (47 U.S.C. 214(a)), in the case of an application described in paragraph (5)(A)(i) of this subsection;

“(B) any amount, in the case of an application described in paragraph (5)(A)(ii) of this subsection;

“(C) at least an amount sufficient for paragraph (3) or (4) of section 310(b) of such Act (47 U.S.C. 310(b)) to apply, in the case of an application described in paragraph (5)(A)(iii) of this subsection; or

“(D) any amount, in the case of any application described in paragraph (5)(A) of this subsection if the foreign ownership is held by a foreign adversary (as specified in section 7.4 of title 15, Code of Federal Regulations (or a successor regulation)).”