HR 4510 — NTIA Reauthorization Act of 2024

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION ORGANIZATION 
 ACT

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Telecommunications 
Authorization Act of 1992''.

 TITLE I--NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION

 PART A--ORGANIZATION AND FUNCTIONS

SEC. 101. SHORT TITLE.

 This title may be cited as the ``National Telecommunications 
and Information Administration Organization Act''.

SEC. 102. DEFINITIONS; FINDINGS; POLICY.

 (a) Definitions.--In this title, the following definitions 
apply:
 (1) The term ``NTIA'' means the National 
 Telecommunications and Information Administration.
 (2) The term ``[Assistant Secretary] Under 
 Secretary'' means the [Assistant Secretary] Under 
 Secretary for Communications and Information.
 (3) The term ``Secretary'' means the Secretary of 
 Commerce.
 (4) The term ``Commission'' means the Federal 
 Communications Commission.
 (5) The term ``Corporation'' means the Communications 
 Satellite Corporation authorized in title III of the 
 Communications Satellite Act of 1962 (47 U.S.C. 731 et 
 seq.).
 (b) Findings.--The Congress finds the following:
 (1) Telecommunications and information are vital to 
 the public welfare, national security, and 
 competitiveness of the United States.
 (2) Rapid technological advances being made in the 
 telecommunications and information fields make it 
 imperative that the United States maintain effective 
 national and international policies and programs 
 capable of taking advantage of continued advancements.
 (3) Telecommunications and information policies and 
 recommendations advancing the strategic interests and 
 the international competitiveness of the United States 
 are essential aspects of the Nation's involvement in 
 international commerce.
 (4) There is a critical need for competent and 
 effective telecommunications and information research 
 and analysis and national and international policy 
 development, advice, and advocacy by the executive 
 branch of the Federal Government.
 (5) As one of the largest users of the Nation's 
 telecommunications facilities and resources, the 
 Federal Government must manage its radio spectrum use 
 and other internal communications operations in the 
 most efficient and effective manner possible.
 (6) It is in the national interest to codify the 
 authority of the National Telecommunications and 
 Information Administration, an agency in the Department 
 of Commerce, as the executive branch agency principally 
 responsible for advising the President on 
 telecommunications and information policies, and for 
 carrying out the related functions it currently 
 performs, as reflected in Executive Order 12046.
 (c) Policy.--The NTIA shall seek to advance the following 
policies:
 (1) Promoting the benefits of technological 
 development in the United States for all users of 
 telecommunications and information facilities.
 (2) Fostering national safety and security, economic 
 prosperity, and the delivery of critical social 
 services through telecommunications.
 (3) Facilitating and contributing to the full 
 development of competition, efficiency, and the free 
 flow of commerce in domestic and international 
 telecommunications markets.
 (4) Fostering full and efficient use of 
 telecommunications resources, including effective use 
 of the radio spectrum by the Federal Government, in a 
 manner which encourages the most beneficial uses 
 thereof in the public interest.
 (5) Furthering scientific knowledge about 
 telecommunications and information.
 (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.

SEC. 103. ESTABLISHMENT; ASSIGNED FUNCTIONS.

 (a) Establishment.--
 (1) Administration.--There shall be within the 
 Department of Commerce an administration to be known as 
 the National Telecommunications and Information 
 Administration.
 (2) Head of administration.--The head of the NTIA 
 shall be an [Assistant Secretary] Under Secretary of 
 Commerce for Communications and Information, who shall 
 be appointed by the President, by and with the advice 
 and consent of the Senate.
 (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.
 (b) Assigned Functions.--
 (1) In general.--Subject to section 105(d), the 
 Secretary shall assign to the [Assistant Secretary] 
 Under Secretary and the NTIA responsibility for the 
 performance of the Secretary's communications and 
 information functions.
 (2) Communications and information functions.--
 Subject to section 105(d), the functions to be assigned 
 by the Secretary under paragraph (1) include (but are 
 not limited to) the following functions, some of which 
 were transferred to the Secretary by Reorganization 
 Plan Number 1 of 1977 and Executive Order 12046:
 (A) The authority delegated by the President 
 to the Secretary to assign frequencies to radio 
 stations or classes of radio stations belonging 
 to and operated by the United States, including 
 the authority to amend, modify, or revoke such 
 assignments, but not including the authority to 
 make final disposition of appeals from 
 frequency assignments.
 (B) The authority to authorize a foreign 
 government to construct and operate a radio 
 station at the seat of Government of the United 
 States, but only upon recommendation of the 
 Secretary of State and after consultation with 
 the Attorney General and the Chairman of the 
 Commission.
 (C) Functions relating to the communications 
 satellite system, including authority vested in 
 the President by section 201(a) of the 
 Communications Satellite Act of 1962 (47 U.S.C. 
 721(a)) and delegated to the Secretary under 
 Executive Order 12046, to--
 (i) aid in the planning and 
 development of the commercial 
 communications satellite system and the 
 execution of a national program for the 
 operation of such a system;
 (ii) conduct a continuous review of 
 all phases of the development and 
 operation of such system, including the 
 activities of the Corporation;
 (iii) coordinate, in consultation 
 with the Secretary of State, the 
 activities of governmental agencies 
 with responsibilities in the field of 
 telecommunications, so as to ensure 
 that there is full and effective 
 compliance at all times with the 
 policies set forth in the 
 Communications Satellite Act of 1962;
 (iv) make recommendations to the 
 President and others as appropriate, 
 with respect to steps necessary to 
 ensure the availability and appropriate 
 utilization of the communications 
 satellite system for general 
 governmental purposes in consonance 
 with section 201(a)(6) of the 
 Communications Satellite Act of 1962 
 (47 U.S.C. 721(a)(6));
 (v) help attain coordinated and 
 efficient use of the electromagnetic 
 spectrum and the technical 
 compatibility of the communications 
 satellite system with existing 
 communications facilities both in the 
 United States and abroad;
 (vi) assist in the preparation of 
 Presidential action documents for 
 consideration by the President as may 
 be appropriate under section 201(a) of 
 the Communications Satellite Act of 
 1962 (47 U.S.C. 721(a)), make necessary 
 recommendations to the President in 
 connection therewith, and keep the 
 President informed with respect to the 
 carrying out of the Communications 
 Satellite Act of 1962; and
 (vii) serve as the chief point of 
 liaison between the President and the 
 Corporation.
 (D) The authority to serve as the President's 
 principal adviser on telecommunications 
 policies pertaining to the Nation's economic 
 and technological advancement and to the 
 regulation of the telecommunications industry.
 (E) The authority to advise the Director of 
 the Office of Management and Budget on the 
 development of policies relating to the 
 procurement and management of Federal 
 telecommunications systems.
 (F) The authority to conduct studies and 
 evaluations concerning telecommunications 
 research and development and concerning the 
 initiation, improvement, expansion, testing, 
 operation, and use of Federal 
 telecommunications systems and advising 
 agencies of the results of such studies and 
 evaluations.
 (G) Functions which involve--
 (i) developing and setting forth, in 
 coordination with the Secretary of 
 State and other interested agencies, 
 plans, policies, and programs which 
 relate to international 
 telecommunications issues, conferences, 
 and negotiations;
 (ii) coordinating economic, 
 technical, operational, and related 
 preparations for United States 
 participation in international 
 telecommunications conferences and 
 negotiations; and
 (iii) providing advice and assistance 
 to the Secretary of State on 
 international telecommunications 
 policies to strengthen the position and 
 serve the best interests of the United 
 States in support of the Secretary of 
 State's responsibility for the conduct 
 of foreign affairs.
 (H) The authority to provide for the 
 coordination of the telecommunications and 
 information activities of the executive branch 
 and assist in the formulation of policies and 
 standards for those activities, including (but 
 not limited to) considerations of 
 interoperability, privacy, security, spectrum 
 use, [and emergency readiness] 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.
 (I) The authority to develop and set forth 
 telecommunications policies pertaining to the 
 Nation's economic and technological advancement 
 and to the regulation of the telecommunications 
 industry.
 (J) The responsibility to ensure that the 
 views of the executive branch on 
 telecommunications matters are effectively 
 presented to the Commission and, in 
 coordination with the Director of the Office of 
 Management and Budget, to the Congress.
 (K) The authority to establish policies 
 concerning spectrum assignments and use by 
 radio stations belonging to and operated by the 
 United States.
 (L) Functions which involve--
 (i) developing, in cooperation with 
 the Commission, a comprehensive long-
 range plan for improved management of 
 all electromagnetic spectrum resources;
 (ii) performing analysis, 
 engineering, and administrative 
 functions, including the maintenance of 
 necessary files and data bases, as 
 necessary for the performance of 
 assigned functions for the management 
 of electromagnetic spectrum resources;
 (iii) conducting research and 
 analysis of electromagnetic 
 propagation, radio systems 
 characteristics, and operating 
 techniques affecting the utilization of 
 the electromagnetic spectrum in 
 coordination with specialized, related 
 research and analysis performed by 
 other Federal agencies in their areas 
 of responsibility; and
 (iv) conducting research and analysis 
 in the general field of 
 telecommunications sciences in support 
 of assigned functions and in support of 
 other Government agencies.
 (M) The authority to conduct studies, publish 
 reports, and make recommendations concerning 
 the impact of the convergence of computer and 
 communications technology.
 (N) The authority to coordinate Federal 
 telecommunications assistance to State and 
 local governments.
 (O) The authority to conduct and coordinate 
 economic and technical analyses of 
 telecommunications policies, activities, and 
 opportunities in support of assigned functions.
 (P) The authority to contract for studies and 
 reports relating to any aspect of assigned 
 functions.
 (Q) The authority to participate, as 
 appropriate, in evaluating the capability of 
 telecommunications resources, in recommending 
 remedial actions, and in developing policy 
 options.
 (R) The authority to participate with the 
 National Security Council and the Director of 
 the Office of Science and Technology Policy as 
 they carry out their responsibilities under 
 sections 4-1, 4-2, and 4-3 of Executive Order 
 12046, with respect to emergency functions, the 
 national communication system, and 
 telecommunications planning functions.
 (S) The authority to establish coordinating 
 committees pursuant to section 10 of Executive 
 Order 11556.
 (T) The authority to establish, as permitted 
 by law, such interagency committees and working 
 groups composed of representatives of 
 interested agencies and consulting with such 
 departments and agencies as may be necessary 
 for the effective performance of assigned 
 functions.
 (U) The responsibility to promote the best 
 possible and most efficient use of 
 electromagnetic spectrum resources across the 
 Federal Government, subject to and consistent 
 with the needs and missions of Federal 
 agencies.
 (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.
 (3) Additional communications and information 
 functions.--In addition to the functions described in 
 paragraph (2), the Secretary under paragraph (1)--
 (A) may assign to the NTIA the performance of 
 functions under section 504(a) of the 
 Communications Satellite Act of 1962 (47 U.S.C. 
 753(a));
 (B) shall assign to the NTIA the 
 administration of the Public Telecommunications 
 Facilities Program under sections 390 through 
 393 of the Communications Act of 1934 (47 
 U.S.C. 390-393), and the National Endowment for 
 Children's Educational Television under section 
 394 of the Communications Act of 1934 (47 
 U.S.C. 394); and
 (C) shall assign to the NTIA responsibility 
 for providing for the establishment, and 
 overseeing operation, of a second-level 
 Internet domain within the United States 
 country code domain in accordance with section 
 157.

SEC. 104. SPECTRUM MANAGEMENT ACTIVITIES.

 (a) Revision of Regulations.--Within 180 days after the date 
of the enactment of this Act, the Secretary of Commerce and the 
NTIA shall amend the Department of Commerce spectrum management 
document entitled ``Manual of Regulations and Procedures for 
Federal Radio Frequency Management'' to improve Federal 
spectrum management activities and shall publish in the Federal 
Register any changes in the regulations in such document.
 (b) Requirements for Revisions.--The amendments required by 
subsection (a) shall--
 (1) provide for a period at the beginning of each 
 meeting of the Interdepartmental Radio Advisory 
 Committee to be open to the public to make 
 presentations and receive advice, and provide the 
 public with other meaningful opportunities to make 
 presentations and receive advice;
 (2) include provisions that will require (A) 
 publication in the Federal Register of major policy 
 proposals that are not classified and that involve 
 spectrum management, and (B) adequate opportunity for 
 public review and comment on those proposals;
 (3) include provisions that will require publication 
 in the Federal Register of major policy decisions that 
 are not classified and that involve spectrum 
 management;
 (4) include provisions that will require that 
 nonclassified spectrum management information be made 
 available to the public, including access to electronic 
 databases; and
 (5) establish procedures that provide for the prompt 
 and impartial consideration of requests for access to 
 Government spectrum by the public, which procedures 
 shall include provisions that will require the 
 disclosure of the status and ultimate disposition of 
 any such request.
 (c) Certification to Congress.--Not later than 180 days after 
the date of enactment of this Act, the Secretary of Commerce 
shall certify to Congress that the Secretary has complied with 
this section.
 (d) Radio Services.--
 (1) Assignments for radio services.--In assigning 
 frequencies for mobile radio services and other radio 
 services, the Secretary of Commerce shall promote 
 efficient and cost-effective use of the spectrum to the 
 maximum extent feasible.
 (2) Authority to withhold assignments.--The Secretary 
 of Commerce shall have the authority to withhold or 
 refuse to assign frequencies for mobile radio service 
 or other radio service in order to further the goal of 
 making efficient and cost-effective use of the 
 spectrum.
 (3) Spectrum plan.--By October 1, 1993, the Secretary 
 of Commerce shall adopt and commence implementation of 
 a plan for Federal agencies with existing mobile radio 
 systems to use more spectrum-efficient technologies 
 that are at least as spectrum-efficient and cost-
 effective as readily available commercial mobile radio 
 systems. The plan shall include a time schedule for 
 implementation.
 (4) Report to congress.--By October 1, 1993, the 
 Secretary of Commerce shall submit to the Committee on 
 Commerce, Science, and Transportation of the Senate and 
 the Committee on Energy and Commerce of the House of 
 Representatives a report summarizing the plan adopted 
 under paragraph (3), including the implementation 
 schedule for the plan.
 (e) Proof of Compliance With FCC Licensing Requirements.--
 (1) Amendment to manual required.--Within 90 days 
 after the date of enactment of this subsection, the 
 Secretary and the NTIA shall amend the spectrum 
 management document described in subsection (a) to 
 require that--
 (A) no person or entity (other than an agency 
 or instrumentality of the United States) shall 
 be permitted, after 1 year after such date of 
 enactment, to operate a radio station utilizing 
 a frequency that is authorized for the use of 
 government stations pursuant to section 
 103(b)(2)(A) of this Act for any non-government 
 application unless such person or entity has 
 submitted to the NTIA proof, in a form 
 prescribed by such manual, that such person or 
 entity has obtained a license from the 
 Commission; and
 (B) no person or entity (other than an agency 
 or instrumentality of the United States) shall 
 be permitted, after 1 year after such date of 
 enactment, to utilize a radio station belonging 
 to the United States for any non-government 
 application unless such person or entity has 
 submitted to the NTIA proof, in a form 
 prescribed by such manual, that such person or 
 entity has obtained a license from the 
 Commission.
 (2) Retention of forms.--The NTIA shall maintain on 
 file the proofs submitted under paragraph (1), or 
 facsimiles thereof.
 (3) Certification.--Within 1 year after the date of 
 enactment of this subsection, the Secretary and the 
 NTIA shall certify to the Committee on Energy and 
 Commerce of the House of Representatives and the 
 Committee on Commerce, Science, and Transportation of 
 the Senate that--
 (A) the amendments required by paragraph (1) 
 have been accomplished; and
 (B) the requirements of subparagraphs (A) and 
 (B) of such paragraph are being enforced.
 (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 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.

SEC. 105. GENERAL ADMINISTRATIVE PROVISIONS.

 (a) Interagency Functions.--
 (1) Agency consultation.--Federal agencies shall 
 consult with the [Assistant Secretary] Under Secretary 
 and the NTIA [to ensure that the conduct] to ensure 
 that--
 (A) the conduct of telecommunications 
 activities by such agencies is consistent with 
 the policies developed under section 
 103(b)(2)(K)[.]; and
 (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.
 [(2) Report to president.--The Secretary shall timely 
 submit to the President each year the report (including 
 evaluations and recommendations) provided for in 
 section 404(a) of the Communications Satellite Act of 
 1962 (47 U.S.C. 744(a)).]
 [(3)] (2) Coordination with secretary of state.--The 
 Secretary shall coordinate with the Secretary of State 
 the performance of the functions described in section 
 103(b)(2)(C). The Corporation and concerned executive 
 agencies shall provide the Secretary with such 
 assistance, documents, and other cooperation as will 
 enable the Secretary to carry out those functions.
 (b) Advisory Committees and Informal Consultations With 
Industry.--To the extent the [Assistant Secretary] Under 
Secretary deems it necessary to continue the Interdepartmental 
Radio Advisory Committee, such Committee shall serve as an 
advisory committee to the [Assistant Secretary] Under Secretary 
and the NTIA. As permitted by law, the [Assistant Secretary] 
Under Secretary may establish one or more telecommunications or 
information advisory committees (or both) composed of experts 
in the telecommunications and/or information areas outside the 
Government. The NTIA may also informally consult with industry 
as appropriate to carry out the most effective performance of 
its functions.
 (c) General Provisions.--
 (1) Regulations.--The Secretary and NTIA shall issue 
 such regulations as may be necessary to carry out the 
 functions assigned under this title.
 (2) Support and assistance from other agencies.--All 
 executive agencies are authorized and directed to 
 cooperate with the NTIA and to furnish it with such 
 information, support, and assistance, not inconsistent 
 with law, as it may require in the performance of its 
 functions.
 (3) Effect on vested functions.--Nothing in this 
 title reassigns any function that is, on the date of 
 enactment of this Act, vested by law or executive order 
 in the Commission, or the Department of State, or any 
 officer thereof.
 (d) Reorganization.--
 (1) Authority to reorganize.--Subject to paragraph 
 (2), the Secretary may reassign to another unit of the 
 Department of Commerce a function (or portion thereof) 
 required to be assigned to the NTIA by section 103(b).
 (2) Limitation on authority.--The Secretary may not 
 make any reassignment of a function (or portion 
 thereof) required to be assigned to the NTIA by section 
 103(b) unless the Secretary submits to the Committee on 
 Commerce, Science, and Transportation of the Senate and 
 the Committee on Energy and Commerce of the House of 
 Representatives a statement describing the proposed 
 reassignment and containing an explanation of the 
 reasons for the reassignment. No reassignment of any 
 such function (or portion thereof) shall be effective 
 until 90 legislative days after the Secretary submits 
 that statement to such Committees. For purposes of this 
 paragraph, the term ``legislative days'' includes only 
 days on which both Houses of Congress are in session.
 (e) Limitation on Solicitations.--Notwithstanding section 1 
of the Act of October 2, 1964 (15 U.S.C. 1522), neither the 
Secretary, the [Assistant Secretary] Under Secretary, nor any 
officer or employee of the NTIA shall solicit any gift or 
bequest of property, both real and personal, from any entity 
for the purpose of furthering the authorized functions of the 
NTIA if such solicitation would create a conflict of interest 
or an appearance of a conflict of interest.

SEC. 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'').
 (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).
 (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;
 (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.

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 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'').
 (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.
 (b) Federal Spectrum Coordination Responsibilities.--
 (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 membership of 
 the PPSG, 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 
 PPSG.
 (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;
 (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.--
 (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.
 (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:
 (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 enactment of 
 this section, is known as the Policy and Plans Steering 
 Group.
 (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 non-Federal use that could 
 potentially cause interference to the spectrum 
 operations of a Federal entity.

SEC. 108. INSTITUTE FOR TELECOMMUNICATION SCIENCES.

 (a) Establishment.--
 (1) In general.--Under the authority provided to the 
 Under Secretary under section 103, the Under Secretary 
 shall operate a test center to be known as the 
 Institute for Telecommunication Sciences (in this 
 section referred to as ``ITS'').
 (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 spectrum between 
 Federal and non-Federal users;
 (iv) improve the interference 
 tolerance of Federal systems operating 
 with, or using, Federal spectrum;
 (v) promote activities relating to 
 access to Federal spectrum by non-
 Federal users and the sharing of 
 Federal spectrum between Federal and 
 non-Federal users; and
 (vi) conduct such other activities as 
 determined necessary by the Under 
 Secretary.
 (B) Additional 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.
 (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 frequencies 
 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 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 Under Secretary, acting through the 
 head of ITS, shall work with private sector entities 
 and the heads of appropriate Federal agencies, to--
 (A) perform a needs assessment to identify 
 and evaluate the measurement, technical 
 specifications, and conformity assessment needs 
 required to improve the operation and 
 reliability of such emergency communication and 
 tracking technologies; and
 (B) support the development of technical 
 specifications and conformance architecture to 
 improve the operation and reliability of such 
 emergency communication and tracking 
 technologies.
 (3) Report.--Not later than 18 months after the date 
 of the enactment of this section, the Under Secretary 
 shall submit to Congress, and make publicly available, 
 a report on the assessment performed under paragraph 
 (2)(A).

SEC. 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;
 (9) new issues associated with spectrum sharing on 
 frequencies assigned on a primary or co-primary basis 
 to 1 or more Federal entities, 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;
 (H) Federal 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.

SEC. 110. OFFICE OF POLICY DEVELOPMENT AND CYBERSECURITY.

 (a) Establishment.--There is established within the NTIA an 
Office of Policy Development and Cybersecurity (in this section 
referred to as the ``Office'').
 (b) Head of Office.--
 (1) In 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'').
 (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).
 (3) Requirement to report.--The Associate 
 Administrator shall report to the Under Secretary (or a 
 designee of the Under Secretary).
 (c) Duties.--
 (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.
 (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 telephony, 
 mass media, other digital services, and video 
 services;
 (C) coordinate transparent, consensus-based, 
 multistakeholder processes to create guidance 
 for and to support the development and 
 implementation of cybersecurity and privacy 
 policies with respect to the internet and other 
 communications networks;
 (D) promote increased collaboration between 
 security researchers and providers of 
 communications services and software system 
 developers;
 (E) perform such duties as the Under 
 Secretary considers appropriate relating to the 
 program for preventing future vulnerabilities 
 established under section 8(a) of the Secure 
 and Trusted Communications Networks Act of 2019 
 (47 U.S.C. 1607(a));
 (F) advocate for policies that promote the 
 security and resilience to cybersecurity 
 incidents of communications networks while 
 fostering innovation, including policies that 
 promote secure communications network supply 
 chains;
 (G) present security of the digital economy 
 and infrastructure and cybersecurity policy 
 efforts before the Commission, Congress, and 
 elsewhere;
 (H) provide advice and assistance to the 
 Under Secretary in carrying out the policy 
 responsibilities of the NTIA with respect to 
 cybersecurity policy matters, including the 
 evaluation of the impact of cybersecurity 
 matters pending before the Commission, other 
 Federal agencies, and Congress;
 (I) in addition to the duties described in 
 subparagraph (H), perform such other duties 
 regarding the policy responsibilities of the 
 NTIA with respect to cybersecurity policy 
 matters as the Under Secretary considers 
 appropriate;
 (J) develop policies to accelerate innovation 
 and commercialization with respect to advances 
 in technological understanding of 
 communications technologies;
 (K) identify barriers to trust, security, 
 innovation, and commercialization with respect 
 to communications technologies, including 
 access to capital and other resources, and ways 
 to overcome such barriers;
 (L) provide public access to relevant data, 
 research, and technical assistance on 
 innovation and commercialization with respect 
 to communications technologies, consistent with 
 the protection of classified information;
 (M) strengthen collaboration on and 
 coordination of policies relating to innovation 
 and commercialization with respect to 
 communications technologies, including policies 
 focused on the needs of small businesses and 
 rural communities--
 (i) within the Department of 
 Commerce;
 (ii) between the Department of 
 Commerce and State government agencies, 
 as appropriate; and
 (iii) between the Department of 
 Commerce and the Commission or any 
 other Federal agency the Under 
 Secretary determines to be necessary; 
 and
 (N) solicit and consider feedback from small 
 and rural communications service providers, as 
 appropriate.

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 recommend for implementation by 
other appropriate entities) with respect to the following:
 (1) Technical cybersecurity best practices that 
 enable economic growth while securing information and 
 communications networks, including practices that 
 Federal and non-Federal entities can implement to 
 secure internet routing protocols, including the Border 
 Gateway Protocol used by Federal and non-Federal 
 entities.
 (2) Cybersecurity policies to support the development 
 and implementation of cybersecurity practices with 
 respect to the internet and information and 
 communications networks.
 (3) Policies that foster collaboration through 
 public-private partnerships to promote the security and 
 resilience to cybersecurity incidents of information 
 and communications networks while fostering innovation, 
 including policies that promote secure supply chains 
 for information and communications networks.
 (4) Policies to remove barriers to trust, security, 
 innovation, and commercialization with respect to 
 information and communications networks.
 (c) Members.--
 (1) Composition.--
 (A) In general.--The Board shall be composed 
 of not fewer than 5, and not more than 25, 
 members appointed by the Under Secretary.
 (B) Expertise.--Each member of the Board 
 shall have cybersecurity or supply chain 
 security technical expertise, cybersecurity or 
 supply chain security policy expertise, or 
 expertise in managing or overseeing the 
 cybersecurity or supply chain security 
 functions of a business.
 (C) Representation.--In appointing members of 
 the Board under subparagraph (A), the Under 
 Secretary shall ensure that the members 
 appointed provide a balanced representation of 
 the following:
 (i) Chief cybersecurity officers or 
 other qualified individuals employed in 
 cybersecurity positions, representing 
 both the public and private sectors.
 (ii) Persons who operate or maintain 
 information and communications 
 networks, including persons who operate 
 or maintain small or rural information 
 and communications networks.
 (iii) Vendors that produce or provide 
 equipment used in information and 
 communications networks.
 (iv) Vendors that produce or provide 
 software used in information and 
 communications networks.
 (v) Persons who operate or maintain 
 internet applications.
 (2) Terms.--
 (A) In 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 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 discretion of the 
 Under Secretary.
 (D) Vacancy.--Any member of the Board 
 appointed to fill a vacancy occurring before 
 the expiration of the term for which the 
 predecessor of the member was appointed shall 
 be appointed only for the remainder of such 
 term. A vacancy in the Board shall be filled in 
 the manner in which the original appointment 
 was made.
 (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 determines necessary 
 for the performance by the Board of the duties 
 described in subsection (b), the Board may establish 
 subcommittees, working groups, standing committees, ad 
 hoc groups, task groups, or other subgroups of the 
 Board.
 (2) 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, 
 recommendation, 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 protocol used to 
 exchange network reachability information among 
 independently managed networks on the internet.
 (2) Information and communications network.--The term 
 ``information and communications network'' means a 
 network that provides advanced telecommunications 
 capability (as defined in section 706(d) of the 
 Telecommunications Act of 1996 (47 U.S.C. 1302(d))).

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 Safety 
 Communications (in this section referred to as the 
 ``Associate Administrator'').
 (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).
 (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.

SEC. 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'').
 (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).
 (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) conduct analysis of, review, and formulate 
 international telecommunications and information 
 policy;
 (2) present on international telecommunications and 
 information policy before the Commission, Congress, 
 international telecommunications bodies, including the 
 International Telecommunication Union, and others;
 (3) conduct or obtain analysis on economic and other 
 aspects of international telecommunications and 
 information policy;
 (4) formulate, and recommend to the Under Secretary, 
 polices and plans with respect to preparation for and 
 participation in international telecommunications and 
 information policy activities;
 (5) 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.

SEC. 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.--
 (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 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)).

PART B--TRANSFER OF AUCTIONABLE FREQUENCIES

 * * * * * * *

SEC. 112. NATIONAL SPECTRUM ALLOCATION PLANNING.

 The [Assistant Secretary] Under Secretary and the Chairman 
of the Commission shall meet, at least biannually, to conduct 
joint spectrum planning with respect to the following issues:
 (1) the extent to which licenses for spectrum use can 
 be issued pursuant to section 309(j) of the 1934 Act to 
 increase Federal revenues;
 (2) the future spectrum requirements for public and 
 private uses, including State and local government 
 public safety agencies;
 (3) the spectrum allocation actions necessary to 
 accommodate those uses; and
 (4) actions necessary to promote the efficient use of 
 the spectrum, including spectrum management techniques 
 to promote increased shared use of the spectrum that 
 does not cause harmful interference as a means of 
 increasing commercial access.

SEC. 113. IDENTIFICATION OF REALLOCABLE FREQUENCIES.

 (a) Identification Required.--The Secretary shall, within 18 
months after the date of the enactment of the Omnibus Budget 
Reconciliation Act of 1993 and within 6 months after the date 
of enactment of the Balanced Budget Act of 1997, prepare and 
submit to the President and the Congress a report identifying 
and recommending for reallocation bands of frequencies--
 (1) that are allocated on a primary basis for Federal 
 Government use;
 (2) that are not required for the present or 
 identifiable future needs of the Federal Government;
 (3) that can feasibly be made available, as of the 
 date of submission of the report or at any time during 
 the next 15 years, for use under the 1934 Act (other 
 than for Federal Government stations under section 305 
 of the 1934 Act);
 (4) the transfer of which (from Federal Government 
 use) will not result in costs to the Federal 
 Government, or losses of services or benefits to the 
 public, that are excessive in relation to the benefits 
 to the public that may be provided by non-Federal 
 licensees; and
 (5) that are most likely to have the greatest 
 potential for productive uses and public benefits under 
 the 1934 Act if allocated for non-Federal use.
 (b) Minimum Amount of Spectrum Recommended.--
 (1) Initial reallocation report.--In accordance with 
 the provisions of this section, the Secretary shall 
 recommend for reallocation in the initial report 
 required by subsection (a), for use other than by 
 Federal Government stations under section 305 of the 
 1934 Act (47 U.S.C. 305), bands of frequencies that in 
 the aggregate span not less than 200 megahertz, that 
 are located below 5 gigahertz, and that meet the 
 criteria specified in paragraphs (1) through (5) of 
 subsection (a). Such bands of frequencies shall include 
 bands of frequencies, located below 3 gigahertz, that 
 span in the aggregate not less than 100 megahertz.
 (2) Mixed uses permitted to be counted.--Bands of 
 frequencies which a report of the Secretary under 
 subsection (a) or (d)(1) recommends be partially 
 retained for use by Federal Government stations, but 
 which are also recommended to be reallocated to be made 
 available under the 1934 Act for use by non-Federal 
 stations, may be counted toward the minimum spectrum 
 required by paragraph (1) or (3) of this subsection, 
 except that--
 (A) the bands of frequencies counted under 
 this paragraph may not count toward more than 
 one-half of the minimums required by paragraph 
 (1) or (3) of this subsection;
 (B) a band of frequencies may not be counted 
 under this paragraph unless the assignments of 
 the band to Federal Government stations under 
 section 305 of the 1934 Act (47 U.S.C. 305) are 
 limited by geographic area, by time, or by 
 other means so as to guarantee that the 
 potential use to be made by such Federal 
 Government stations is substantially less (as 
 measured by geographic area, time, or 
 otherwise) than the potential use to be made by 
 non-Federal stations; and
 (C) the operational sharing permitted under 
 this paragraph shall be subject to the 
 interference regulations prescribed by the 
 Commission pursuant to section 305(a) of the 
 1934 Act and to coordination procedures that 
 the Commission and the Secretary shall jointly 
 establish and implement to ensure against 
 harmful interference.
 (3) Second reallocation report.--In accordance with 
 the provisions of this section, the Secretary shall 
 recommend for reallocation in the second report 
 required by subsection (a), for use other than by 
 Federal Government stations under section 305 of the 
 1934 Act (47 U.S.C. 305), a band or bands of 
 frequencies that--
 (A) in the aggregate span not less than 12 
 megahertz;
 (B) are located below 3 gigahertz; and
 (C) meet the criteria specified in paragraphs 
 (1) through (5) of subsection (a).
 (c) Criteria for Identification.--
 (1) Needs of the federal government.--In determining 
 whether a band of frequencies meets the criteria 
 specified in subsection (a)(2), the Secretary shall--
 (A) consider whether the band of frequencies 
 is used to provide a communications service 
 that is or could be available from a commercial 
 provider or other vendor;
 (B) seek to promote--
 (i) the maximum practicable reliance 
 on commercially available substitutes;
 (ii) the sharing of frequencies (as 
 permitted under subsection (b)(2));
 (iii) the development and use of new 
 communications technologies; and
 (iv) the use of nonradiating 
 communications systems where 
 practicable; and
 (C) seek to avoid--
 (i) serious degradation of Federal 
 Government services and operations;
 (ii) excessive costs to the Federal 
 Government and users of Federal 
 Government services; and
 (iii) excessive disruption of 
 existing use of Federal Government 
 frequencies by amateur radio licensees.
 (2) Feasibility of use.--In determining whether a 
 frequency band meets the criteria specified in 
 subsection (a)(3), the Secretary shall--
 (A) assume that the frequency will be 
 assigned by the Commission under section 303 of 
 the 1934 Act (47 U.S.C. 303) within 15 years;
 (B) assume reasonable rates of scientific 
 progress and growth of demand for 
 telecommunications services;
 (C) seek to include frequencies which can be 
 used to stimulate the development of new 
 technologies; and
 (D) consider the immediate and recurring 
 costs to reestablish services displaced by the 
 reallocation of spectrum.
 (3) Analysis of benefits.--In determining whether a 
 band of frequencies meets the criteria specified in 
 subsection (a)(5), the Secretary shall consider--
 (A) the extent to which equipment is or will 
 be available that is capable of utilizing the 
 band;
 (B) the proximity of frequencies that are 
 already assigned for commercial or other non-
 Federal use;
 (C) the extent to which, in general, 
 commercial users could share the frequency with 
 amateur radio licensees; and
 (D) the activities of foreign governments in 
 making frequencies available for 
 experimentation or commercial assignments in 
 order to support their domestic manufacturers 
 of equipment.
 (4) Power agency frequencies.--
 (A) Applicability of criteria.--The criteria 
 specified by subsection (a) shall be deemed not 
 to be met for any purpose under this part with 
 regard to any frequency assignment to, or any 
 frequency assignment used by, a Federal power 
 agency for the purpose of withdrawing that 
 assignment.
 (B) Mixed use eligibility.--The frequencies 
 assigned to any Federal power agency may only 
 be eligible for mixed use under subsection 
 (b)(2) in geographically separate areas, but in 
 those cases where a frequency is to be shared 
 by an affected Federal power agency and a non-
 Federal user, such use by the non-Federal user 
 shall not cause harmful interference to the 
 affected Federal power agency or adversely 
 affect the reliability of its power system.
 (C) Definition.--As used in this paragraph, 
 the term ``Federal power agency'' means the 
 Tennessee Valley Authority, the Bonneville 
 Power Administration, the Western Area Power 
 Administration, the Southwestern Power 
 Administration, the Southeastern Power 
 Administration, or the Alaska Power 
 Administration.
 (5) Limitation on reallocation.--None of the 
 frequencies recommended for reallocation in the reports 
 required by this subsection shall have been 
 recommended, prior to the date of enactment of the 
 Omnibus Budget Reconciliation Act of 1993, for 
 reallocation to non-Federal use by international 
 agreement.
 (d) Procedure for Identification of Reallocable Bands of 
Frequencies.--
 (1) Submission of preliminary identification to 
 congress.--Within 6 months after the date of the 
 enactment of the Omnibus Budget Reconciliation Act of 
 1993, the Secretary shall prepare, make publicly 
 available, and submit to the President, the Congress, 
 and the Commission a report which makes a preliminary 
 identification of reallocable bands of frequencies 
 which meet the criteria established by this section.
 (2) Public comment.--The Secretary shall provide 
 interested persons with the opportunity to submit, 
 within 90 days after the date of its publication, 
 written comment on the preliminary report required by 
 paragraph (1). The Secretary shall immediately transmit 
 a copy of any such comment to the Commission.
 (3) Comment and recommendations from commission.--The 
 Commission shall, within 90 days after the conclusion 
 of the period for comment provided pursuant to 
 paragraph (2), submit to the Secretary the Commission's 
 analysis of such comments and the Commission's 
 recommendations for responses to such comments, 
 together with such other comments and recommendations 
 as the Commission deems appropriate.
 (4) Direct discussions.--The Secretary shall 
 encourage and provide opportunity for direct 
 discussions among commercial representatives and 
 Federal Government users of the spectrum to aid the 
 Secretary in determining which frequencies to recommend 
 for reallocation. The Secretary shall provide notice to 
 the public and the Commission of any such discussions, 
 including the name or names of any businesses or other 
 persons represented in such discussions. A 
 representative of the Commission (and of the Secretary 
 at the election of the Secretary) shall be permitted to 
 attend any such discussions. The Secretary shall 
 provide the public and the Commission with an 
 opportunity to comment on the results of any such 
 discussions prior to the submission of the initial 
 report required by subsection (a).
 (e) Timetable for Reallocation and Limitation.--
 (1) Timetable required.--The Secretary shall, as part 
 of the reports required by subsections (a) and (d)(1), 
 include a timetable that recommends effective dates by 
 which the President shall withdraw or limit assignments 
 of the frequencies specified in such reports.
 (2) Expedited reallocation.--
 (A) Required reallocation.--The Secretary 
 shall, as part of the report required by 
 subsection (d)(1), specifically identify and 
 recommend for immediate reallocation bands of 
 frequencies that in the aggregate span not less 
 than 50 megahertz, that meet the criteria 
 described in subsection (a), and that can be 
 made available for reallocation immediately 
 upon issuance of the report required by 
 subsection (d)(1). Such bands of frequencies 
 shall include bands of frequencies, located 
 below 3 gigahertz, that in the aggregate span 
 not less than 25 megahertz.
 (B) Permitted reallocation.--The Secretary 
 may, as part of such report, identify and 
 recommend bands of frequencies for immediate 
 reallocation for a mixed use pursuant to 
 subsection (b)(2), but such bands of 
 frequencies may not count toward the minimums 
 required by subparagraph (A).
 (3) Delayed effective dates.--In setting the 
 recommended delayed effective dates, the Secretary 
 shall--
 (A) consider the need to reallocate bands of 
 frequencies as early as possible, taking into 
 account the requirements of paragraphs (1) and 
 (2) of section 115(b);
 (B) be based on the useful remaining life of 
 equipment that has been purchased or contracted 
 for to operate on identified frequencies;
 (C) consider the need to coordinate frequency 
 use with other nations; and
 (D) take into account the relationship 
 between the costs to the Federal Government of 
 changing to different frequencies and the 
 benefits that may be obtained from commercial 
 and other non-Federal uses of the reassigned 
 frequencies.
 (f) Additional Reallocation Report.--If the Secretary 
receives a notice from the Commission pursuant to section 
3002(c)(5) of the Balanced Budget Act of 1997, the Secretary 
shall prepare and submit to the President, the Commission, and 
the Congress a report recommending for reallocation for use 
other than by Federal Government stations under section 305 of 
the 1934 Act (47 U.S.C. 305), bands of frequencies that are 
suitable for the licensees identified in the Commission's 
notice. The Commission shall, not later than one year after 
receipt of such report, prepare, submit to the President and 
the Congress, and implement, a plan for the immediate 
allocation and assignment of such frequencies under the 1934 
Act to incumbent licensees described in the Commission's 
notice.
 (g) Relocation of and Spectrum Sharing by Federal Government 
Stations.--
 (1) Eligible federal entities.--Any Federal entity 
 that operates a Federal Government station that incurs 
 relocation or sharing costs because of planning for an 
 auction of eligible spectrum frequencies or the 
 reallocation of eligible spectrum frequencies from 
 Federal use to exclusive non-Federal use or to shared 
 use shall receive payment for such relocation or 
 sharing costs from the Spectrum Relocation Fund, in 
 accordance with this section and section 118. For 
 purposes of this paragraph, Federal power agencies 
 exempted under subsection (c)(4) that choose to 
 relocate from the frequencies identified for 
 reallocation pursuant to subsection (a) are eligible to 
 receive payment under this paragraph.
 (2) Eligible frequencies.--The bands of eligible 
 frequencies for purposes of this section are as 
 follows:
 (A) the 216-220 megahertz band, the 1432-1435 
 megahertz band, the 1710-1755 megahertz band, 
 and the 2385-2390 megahertz band of 
 frequencies; and
 (B) any other band of frequencies reallocated 
 from Federal use to non-Federal use or to 
 shared use after January 1, 2003, that is 
 assigned by competitive bidding pursuant to 
 section 309(j) of the Communications Act of 
 1934 (47 U.S.C. 309(j)).
 (3) Relocation or sharing costs defined.--
 (A) In general.--For purposes of this section 
 and section 118, the term ``relocation or 
 sharing costs'' means the costs incurred by a 
 Federal entity in connection with the auction 
 of spectrum frequencies or the sharing of 
 spectrum frequencies (including the auction or 
 a planned auction of the rights to use spectrum 
 frequencies on a shared basis with such entity) 
 in order to achieve comparable capability of 
 systems as before the relocation or sharing 
 arrangement. Such term includes, with respect 
 to relocation or sharing, as the case may be--
 (i) the costs of any modification or 
 replacement of equipment, spares, 
 associated ancillary equipment, 
 software, facilities, operating 
 manuals, training, or compliance with 
 regulations that are attributable to 
 relocation or sharing;
 (ii) the costs of all engineering, 
 equipment, software, site acquisition, 
 and construction, as well as any 
 legitimate and prudent transaction 
 expense, including term-limited Federal 
 civil servant and contractor staff 
 necessary to carry out the relocation 
 or sharing activities of a Federal 
 entity, and reasonable additional costs 
 incurred by the Federal entity that are 
 attributable to relocation or sharing, 
 including increased recurring costs 
 associated with the replacement of 
 facilities;
 (iii) the costs of research, 
 engineering studies, economic analyses, 
 or other expenses reasonably incurred 
 in connection with--
 (I) calculating the estimated 
 relocation or sharing costs 
 that are provided to the 
 Commission pursuant to 
 paragraph (4)(A);
 (II) determining the 
 technical or operational 
 feasibility of relocation to 1 
 or more potential relocation 
 bands; or
 (III) planning for or 
 managing a relocation or 
 sharing arrangement (including 
 spectrum coordination with 
 auction winners);
 (iv) the one-time costs of any 
 modification of equipment reasonably 
 necessary--
 (I) to accommodate non-
 Federal use of shared 
 frequencies; or
 (II) in the case of eligible 
 frequencies reallocated for 
 exclusive non-Federal use and 
 assigned through a system of 
 competitive bidding under 
 section 309(j) of the 
 Communications Act of 1934 (47 
 U.S.C. 309(j)) but with respect 
 to which a Federal entity 
 retains primary allocation or 
 protected status for a period 
 of time after the completion of 
 the competitive bidding 
 process, to accommodate shared 
 Federal and non-Federal use of 
 such frequencies for such 
 period; and
 (v) the costs associated with the 
 accelerated replacement of systems and 
 equipment if the acceleration is 
 necessary to ensure the timely 
 relocation of systems to a new 
 frequency assignment or the timely 
 accommodation of sharing of Federal 
 frequencies.
 (B) Comparable capability of systems.--For 
 purposes of subparagraph (A), comparable 
 capability of systems--
 (i) may be achieved by relocating a 
 Federal Government station to a new 
 frequency assignment, by relocating a 
 Federal Government station to a 
 different geographic location, by 
 modifying Federal Government equipment 
 to mitigate interference or use less 
 spectrum, in terms of bandwidth, 
 geography, or time, and thereby 
 permitting spectrum sharing (including 
 sharing among relocated Federal 
 entities and incumbents to make 
 spectrum available for non-Federal use) 
 or relocation, or by utilizing an 
 alternative technology; and
 (ii) includes the acquisition of 
 state-of-the-art replacement systems 
 intended to meet comparable operational 
 scope, which may include incidental 
 increases in functionality.
 (4) Notice to commission of estimated relocation or 
 sharing costs.--
 (A) The Commission shall notify the NTIA at 
 least 18 months prior to the commencement of 
 any auction of eligible frequencies defined in 
 paragraph (2). At least 6 months prior to the 
 commencement of any such auction, the NTIA, on 
 behalf of the Federal entities and after review 
 by the Office of Management and Budget, shall 
 notify the Commission of estimated relocation 
 or sharing costs and timelines for such 
 relocation or sharing.
 (B) Upon timely request of a Federal entity, 
 the NTIA shall provide such entity with 
 information regarding an alternative frequency 
 assignment or assignments to which their 
 radiocommunications operations could be 
 relocated for purposes of calculating the 
 estimated relocation or sharing costs and 
 timelines to be submitted to the Commission 
 pursuant to subparagraph (A).
 (C) To the extent practicable and consistent 
 with national security considerations, the NTIA 
 shall provide the information required by 
 subparagraphs (A) and (B) by the geographic 
 location of the Federal entities' facilities or 
 systems and the frequency bands used by such 
 facilities or systems.
 (5) Notice to congressional committees and gao.--The 
 NTIA shall, at the time of providing an initial 
 estimate of relocation or sharing costs to the 
 Commission under paragraph (4)(A), submit to Committees 
 on Appropriations and Energy and Commerce of the House 
 of Representatives for approval, to the Committees on 
 Appropriations and Commerce, Science, and 
 Transportation of the Senate for approval, and to the 
 Comptroller General a copy of such estimate and the 
 timelines for relocation or sharing. Unless disapproved 
 within 30 days, the estimate shall be approved. If 
 disapproved, the NTIA may resubmit a revised initial 
 estimate.
 (6) Implementation of procedures.--The NTIA shall 
 take such actions as necessary to ensure the timely 
 relocation of Federal entities' spectrum-related 
 operations from frequencies described in paragraph (2) 
 to frequencies or facilities of comparable capability 
 and to ensure the timely implementation of arrangements 
 for the sharing of frequencies described in such 
 paragraph. Upon a finding by the NTIA that a Federal 
 entity has achieved comparable capability of systems, 
 the NTIA shall terminate or limit the entity's 
 authorization and notify the Commission that the 
 entity's relocation has been completed or sharing 
 arrangement has been implemented. The NTIA shall also 
 terminate such entity's authorization if the NTIA 
 determines that the entity has unreasonably failed to 
 comply with the timeline for relocation or sharing 
 submitted by the Director of the Office of Management 
 and Budget under section 118(d)(2)(C).
 (h) Development and Publication of Relocation or Sharing 
Transition Plans.--
 (1) Development of transition plan by Federal 
 entity.--Not later than 240 days before the 
 commencement of any auction of eligible frequencies 
 described in subsection (g)(2), a Federal entity shall 
 submit to the NTIA and to the Technical Panel 
 established by paragraph (3) a transition plan for the 
 implementation by such entity of the relocation or 
 sharing arrangement. The NTIA shall specify, after 
 public input, a common format for all Federal entities 
 to follow in preparing transition plans under this 
 paragraph.
 (2) Contents of transition plan.--The transition plan 
 required by paragraph (1) shall include the following 
 information:
 (A) The use by the Federal entity of the 
 eligible frequencies to be auctioned, current 
 as of the date of the submission of the plan.
 (B) The geographic location of the facilities 
 or systems of the Federal entity that use such 
 frequencies.
 (C) The frequency bands used by such 
 facilities or systems, described by geographic 
 location.
 (D) The steps to be taken by the Federal 
 entity to relocate its spectrum use from such 
 frequencies or to share such frequencies, 
 including timelines for specific geographic 
 locations in sufficient detail to indicate when 
 use of such frequencies at such locations will 
 be discontinued by the Federal entity or shared 
 between the Federal entity and non-Federal 
 users.
 (E) The specific interactions between the 
 eligible Federal entity and the NTIA needed to 
 implement the transition plan.
 (F) The name of the officer or employee of 
 the Federal entity who is responsible for the 
 relocation or sharing efforts of the entity and 
 who is authorized to meet and negotiate with 
 non-Federal users regarding the transition.
 (G) The plans and timelines of the Federal 
 entity for--
 (i) using funds received from the 
 Spectrum Relocation Fund established by 
 section 118;
 (ii) procuring new equipment and 
 additional personnel needed for 
 relocation or sharing;
 (iii) field-testing and deploying new 
 equipment needed for relocation or 
 sharing; and
 (iv) hiring and relying on contract 
 personnel, if any, needed for 
 relocation or sharing.
 (H) Factors that could hinder fulfillment of 
 the transition plan by the Federal entity.
 (3) Technical Panel.--
 (A) Establishment.--There is established 
 within the NTIA a panel to be known as the 
 Technical Panel.
 (B) Membership.--
 (i) Number and appointment.--The 
 Technical Panel shall be composed of 3 
 members, to be appointed as follows:
 (I) One member to be 
 appointed by the Director of 
 the Office of Management and 
 Budget (in this subsection 
 referred to as ``OMB'').
 (II) One member to be 
 appointed by the [Assistant 
 Secretary] Under Secretary.
 (III) One member to be 
 appointed by the Chairman of 
 the Commission.
 (ii) Qualifications.--Each member of 
 the Technical Panel shall be a radio 
 engineer or a technical expert.
 (iii) Initial appointment.--The 
 initial members of the Technical Panel 
 shall be appointed not later than 180 
 days after the date of the enactment of 
 the Middle Class Tax Relief and Job 
 Creation Act of 2012.
 (iv) Terms.--The term of a member of 
 the Technical Panel shall be 18 months, 
 and no individual may serve more than 1 
 consecutive term.
 (v) Vacancies.--Any member appointed 
 to fill a vacancy occurring before the 
 expiration of the term for which the 
 member's predecessor was appointed 
 shall be appointed only for the 
 remainder of that term. A member may 
 serve after the expiration of that 
 member's term until a successor has 
 taken office. A vacancy shall be filled 
 in the manner in which the original 
 appointment was made.
 (vi) No compensation.--The members of 
 the Technical Panel shall not receive 
 any compensation for service on the 
 Technical Panel. If any such member is 
 an employee of the agency of the 
 official that appointed such member to 
 the Technical Panel, compensation in 
 the member's capacity as such an 
 employee shall not be considered 
 compensation under this clause.
 (C) Administrative support.--The NTIA shall 
 provide the Technical Panel with the 
 administrative support services necessary to 
 carry out its duties under this subsection, 
 subsection (i), and section 118(g)(2)(E).
 (D) Regulations.--Not later than 180 days 
 after the date of the enactment of the Middle 
 Class Tax Relief and Job Creation Act of 2012, 
 the NTIA shall, after public notice and comment 
 and subject to approval by the Director of OMB, 
 adopt regulations to govern the workings of the 
 Technical Panel.
 (E) Certain requirements inapplicable.--
 Chapter 10 of title 5, United States Code, and 
 sections 552 and 552b of title 5, United States 
 Code, shall not apply to the Technical Panel.
 (4) Review of plan by Technical Panel.--
 (A) In general.--Not later than 30 days after 
 the submission of the plan under paragraph (1), 
 the Technical Panel shall submit to the NTIA 
 and to the Federal entity a report on the 
 sufficiency of the plan, including whether the 
 plan includes the information required by 
 paragraph (2) and an assessment of the 
 reasonableness of the proposed timelines and 
 estimated relocation or sharing costs, 
 including the costs of any proposed expansion 
 of the capabilities of a Federal system in 
 connection with relocation or sharing.
 (B) Insufficiency of plan.--If the Technical 
 Panel finds the plan insufficient, the Federal 
 entity shall, not later than 90 days after the 
 submission of the report by the Technical Panel 
 under subparagraph (A), submit to the Technical 
 Panel a revised plan. Such revised plan shall 
 be treated as a plan submitted under paragraph 
 (1).
 (5) Publication of transition plan.--Not later than 
 120 days before the commencement of the auction 
 described in paragraph (1), the NTIA shall make the 
 transition plan publicly available on its website.
 (6) Updates of transition plan.--As the Federal 
 entity implements the transition plan, it shall 
 periodically update the plan to reflect any changed 
 circumstances, including changes in estimated 
 relocation or sharing costs or the timeline for 
 relocation or sharing. The NTIA shall make the updates 
 available on its website.
 (7) Classified and other sensitive information.--
 (A) Classified information.--If any of the 
 information required to be included in the 
 transition plan of a Federal entity is 
 classified information (as defined in section 
 798(b) of title 18, United States Code), the 
 entity shall--
 (i) include in the plan--
 (I) an explanation of the 
 exclusion of any such 
 information, which shall be as 
 specific as possible; and
 (II) all relevant non-
 classified information that is 
 available; and
 (ii) discuss as a factor under 
 paragraph (2)(H) the extent of the 
 classified information and the effect 
 of such information on the 
 implementation of the relocation or 
 sharing arrangement.
 (B) Regulations.--Not later than 180 days 
 after the date of the enactment of the Middle 
 Class Tax Relief and Job Creation Act of 2012, 
 the NTIA, in consultation with the Director of 
 OMB and the Secretary of Defense, shall adopt 
 regulations to ensure that the information 
 publicly released under paragraph (5) or (6) 
 does not contain classified information or 
 other sensitive information.
 (i) Dispute Resolution Process.--
 (1) In general.--If a dispute arises between a 
 Federal entity and a non-Federal user regarding the 
 execution, timing, or cost of the transition plan 
 submitted by the Federal entity under subsection 
 (h)(1), the Federal entity or the non-Federal user may 
 request that the NTIA establish a dispute resolution 
 board to resolve the dispute.
 (2) Establishment of board.--
 (A) In general.--If the NTIA receives a 
 request under paragraph (1), it shall establish 
 a dispute resolution board.
 (B) Membership and appointment.--The dispute 
 resolution board shall be composed of 3 
 members, as follows:
 (i) A representative of the Office of 
 Management and Budget (in this 
 subsection referred to as ``OMB''), to 
 be appointed by the Director of OMB.
 (ii) A representative of the NTIA, to 
 be appointed by the [Assistant 
 Secretary] Under Secretary.
 (iii) A representative of the 
 Commission, to be appointed by the 
 Chairman of the Commission.
 (C) Chair.--The representative of OMB shall 
 be the Chair of the dispute resolution board.
 (D) Vacancies.--Any vacancy in the dispute 
 resolution board shall be filled in the manner 
 in which the original appointment was made.
 (E) No compensation.--The members of the 
 dispute resolution board shall not receive any 
 compensation for service on the board. If any 
 such member is an employee of the agency of the 
 official that appointed such member to the 
 board, compensation in the member's capacity as 
 such an employee shall not be considered 
 compensation under this subparagraph.
 (F) Termination of board.--The dispute 
 resolution board shall be terminated after it 
 rules on the dispute that it was established to 
 resolve and the time for appeal of its decision 
 under paragraph (7) has expired, unless an 
 appeal has been taken under such paragraph. If 
 such an appeal has been taken, the board shall 
 continue to exist until the appeal process has 
 been exhausted and the board has completed any 
 action required by a court hearing the appeal.
 (3) Procedures.--The dispute resolution board shall 
 meet simultaneously with representatives of the Federal 
 entity and the non-Federal user to discuss the dispute. 
 The dispute resolution board may require the parties to 
 make written submissions to it.
 (4) Deadline for decision.--The dispute resolution 
 board shall rule on the dispute not later than 30 days 
 after the request was made to the NTIA under paragraph 
 (1).
 (5) Assistance from Technical Panel.--The Technical 
 Panel established under subsection (h)(3) shall provide 
 the dispute resolution board with such technical 
 assistance as the board requests.
 (6) Administrative support.--The NTIA shall provide 
 the dispute resolution board with the administrative 
 support services necessary to carry out its duties 
 under this subsection.
 (7) Appeals.--A decision of the dispute resolution 
 board may be appealed to the United States Court of 
 Appeals for the District of Columbia Circuit by filing 
 a notice of appeal with that court not later than 30 
 days after the date of such decision. Each party shall 
 bear its own costs and expenses, including attorneys' 
 fees, for any appeal under this paragraph.
 (8) Regulations.--Not later than 180 days after the 
 date of the enactment of the Middle Class Tax Relief 
 and Job Creation Act of 2012, the NTIA shall, after 
 public notice and comment and subject to approval by 
 OMB, adopt regulations to govern the working of any 
 dispute resolution boards established under paragraph 
 (2)(A) and the role of the Technical Panel in assisting 
 any such board.
 (9) Certain requirements inapplicable.--Chapter 10 of 
 title 5, United States Code, and sections 552 and 552b 
 of title 5, United States Code, shall not apply to a 
 dispute resolution board established under paragraph 
 (2)(A).
 (j) Relocation Prioritized Over Sharing.--
 (1) In general.--In evaluating a band of frequencies 
 for possible reallocation for exclusive non-Federal use 
 or shared use, the NTIA shall give priority to options 
 involving reallocation of the band for exclusive non-
 Federal use and shall choose options involving shared 
 use only when it determines, in consultation with the 
 Director of the Office of Management and Budget, that 
 relocation of a Federal entity from the band is not 
 feasible because of technical or cost constraints.
 (2) Notification of Congress when sharing chosen.--If 
 the NTIA determines under paragraph (1) that relocation 
 of a Federal entity from the band is not feasible, the 
 NTIA shall notify the Committee on Commerce, Science, 
 and Transportation of the Senate and the Committee on 
 Energy and Commerce of the House of Representatives of 
 the determination, including the specific technical or 
 cost constraints on which the determination is based.
 (k) Federal Action To Expedite Spectrum Transfer.--Any 
Federal Government station which operates on electromagnetic 
spectrum that has been identified in any reallocation report 
under this section shall, to the maximum extent practicable 
through the use of the authority granted under subsection (g) 
and any other applicable provision of law, take action to 
relocate its spectrum use to other frequencies that are 
reserved for Federal use or to consolidate its spectrum use 
with other Federal Government stations in a manner that 
maximizes the spectrum available for non-Federal use.
 (l) Definition.--For purposes of this section, the term 
``Federal entity'' means any department, agency, or other 
instrumentality of the Federal Government that utilizes a 
Government station license obtained under section 305 of the 
1934 Act (47 U.S.C. 305).

 * * * * * * *

SEC. 119. NATIONAL SECURITY AND OTHER SENSITIVE INFORMATION.

 (a) Determination.--If the head of an Executive agency (as 
defined in section 105 of title 5, United States Code) 
determines that public disclosure of any information contained 
in a notification or report required by section 113 or 118 
would reveal classified national security information, or other 
information for which there is a legal basis for nondisclosure 
and the public disclosure of which would be detrimental to 
national security, homeland security, or public safety or would 
jeopardize a law enforcement investigation, the head of the 
Executive agency shall notify the [Assistant Secretary] Under 
Secretary of that determination prior to the release of such 
information.
 (b) Inclusion in Annex.--The head of the Executive agency 
shall place the information with respect to which a 
determination was made under subsection (a) in a separate annex 
to the notification or report required by section 113 or 118. 
The annex shall be provided to the subcommittee of primary 
jurisdiction of the congressional committee of primary 
jurisdiction in accordance with appropriate national security 
stipulations but shall not be disclosed to the public or 
provided to any unauthorized person through any means.

SEC. 120. INCUMBENT INFORMING CAPABILITY.

 (a) In General.--The Under Secretary shall--
 (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
 (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.
 (b) Establishment of the Incumbent Informing Capability.--
 (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.
 (2) Requirements for system.--The system required by 
 paragraph (1) shall contain, at a minimum, the 
 following:
 (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.
 (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 subsection (a) shall 
 ensure that use of covered spectrum is in accordance 
 with the applicable rules of the Commission.
 (4) Input of information.--Each incumbent Federal 
 entity sharing a band of covered spectrum 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 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.
 (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.
 (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 
 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
 (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 entity'' 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 spectrum.
 (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).

 PART C--SPECIAL AND TEMPORARY PROVISIONS

SEC. 151. AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATION.

 There are authorized to be appropriated for the 
administration of the NTIA [$17,600,000 for fiscal year 1992 
and $17,900,000 for fiscal year 1993] $62,000,000 for fiscal 
year 2024 and $62,000,000 for fiscal year 2025, and such sums 
as may be necessary for increases resulting from adjustments in 
salary, pay, retirement, other employee benefits required by 
law, and other nondiscretionary costs.

 * * * * * * *

[SEC. 154. COMMUNICATIONS FOR RURAL HEALTH PROVIDERS.

 [(a) Purpose.--It is the purpose of this section to improve 
the ability of rural health providers to use communications to 
obtain health information and to consult with others concerning 
the delivery of patient care. Such enhanced communications 
ability may assist in--
 [(1) improving and extending the training of rural 
 health professionals; and
 [(2) improving the continuity of patient care in 
 rural areas.
 [(b) Advisory Panel.--The Secretary of Commerce, in 
conjunction with the Secretary of Health and Human Services, 
shall establish an advisory panel (hereafter in this section 
referred to as the ``Panel'') to develop recommendations for 
the improvement of rural health care through the collection of 
information needed by providers and the improvement in the use 
of communications to disseminate such information.
 [(c) Composition of Panel.--The Panel shall be composed of 
individuals from organizations with rural constituencies and 
practitioners from health care disciplines, representatives of 
the National Library of Medicine, and representatives of 
different health professions schools, including nurse 
practitioners.
 [(d) Selection of Consultants.--The Panel may select 
consultants to provide advice to the Panel regarding the types 
of information that rural health care practitioners need, the 
procedures to gather and disseminate such information, and the 
types of communications equipment and training needed by rural 
health care practitioners to obtain access to such information.
 [(e) Report to Congress.--Not later than 1 year after the 
Panel is established under subsection (b), the Secretary of 
Commerce shall prepare and submit, to the Committee on 
Commerce, Science, and Transportation and the Committee on 
Labor and Human Resources of the Senate and the Committee on 
Energy and Commerce of the House of Representatives, a report 
summarizing the recommendations made by the Panel under 
subsection (b).
 [(f) Authorization of Appropriations.--There is authorized to 
be appropriated to the Secretary of Commerce to carry out this 
section $1,000,000 to remain available until expended.

[SEC. 155. REPORT ON THE ROLE OF TELECOMMUNICATIONS IN HATE CRIMES.

 [(a) Requirement of Report.--Within 240 days after the date 
of enactment of this Act, the NTIA, with the assistance of the 
Commission, the Department of Justice, and the United States 
Commission on Civil Rights, shall prepare a report on the role 
of telecommunications in crimes of hate and violent acts 
against ethnic, religious, and racial minorities and shall 
submit such report to the Committee on Energy and Commerce of 
the House of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate.
 [(b) Scope of Report.--The report required by subsection (a) 
shall--
 [(1) analyze information on the use of 
 telecommunications, including broadcast television and 
 radio, cable television, public access television, 
 computer bulletin boards, and other electronic media, 
 to advocate and encourage violent acts and the 
 commission of crimes of hate, as described in the Hate 
 Crimes Statistics Act (28 U.S.C. 534), against ethnic, 
 religious, and racial minorities.
 [(2) include any recommendations deemed appropriate 
 and necessary by the NTIA.

[SEC. 156. ASSESSMENT OF ELECTROMAGNETIC SPECTRUM REALLOCATION.

 [(a) Review and Assessment of Electromagnetic Spectrum 
Reallocation.--
 [(1) Review and assessment required.--The Secretary 
 of Commerce, acting through the Assistant Secretary and 
 in coordination with the Chairman of the Federal 
 Communications Commission, shall convene an interagency 
 review and assessment of--
 [(A) the progress made in implementation of 
 national spectrum planning;
 [(B) the reallocation of Federal Government 
 spectrum to non-Federal use, in accordance with 
 the amendments made by title VI of the Omnibus 
 Budget Reconciliation Act of 1993 (Public Law 
 103-66; 107 Stat. 379) and title III of the 
 Balanced Budget Act of 1997 (Public Law 105-33; 
 111 Stat. 258); and
 [(C) the implications for such reallocations 
 to the affected Federal executive agencies.
 [(2) Coordination.--The assessment shall be conducted 
 in coordination with affected Federal executive 
 agencies through the Interdepartmental Radio Advisory 
 Committee.
 [(3) Cooperation and assistance.--Affected Federal 
 executive agencies shall cooperate with the Assistant 
 Secretary in the conduct of the review and assessment 
 and furnish the Assistant Secretary with such 
 information, support, and assistance, not inconsistent 
 with law, as the Assistant Secretary may consider 
 necessary in the performance of the review and 
 assessment.
 [(4) Attention to particular subjects required.--In 
 the conduct of the review and assessment, particular 
 attention shall be given to--
 [(A) the effect on critical military and 
 intelligence capabilities, civil space 
 programs, and other Federal Government systems 
 used to protect public safety of the 
 reallocated spectrum described in paragraph 
 (1)(B) of this subsection;
 [(B) the anticipated impact on critical 
 military and intelligence capabilities, future 
 military and intelligence operational 
 requirements, national defense modernization 
 programs, and civil space programs, and other 
 Federal Government systems used to protect 
 public safety, of future potential 
 reallocations to non-Federal use of bands of 
 the electromagnetic spectrum that are currently 
 allocated for use by the Federal Government; 
 and
 [(C) future spectrum requirements of agencies 
 in the Federal Government.
 [(b) Submission of Report.--The Secretary of Commerce, in 
coordination with the heads of the affected Federal executive 
agencies, and the Chairman of the Federal Communications 
Commission shall submit to the President, the Committee on 
Armed Services and the Committee on Commerce, Science, and 
Transportation of the Senate, and the Committee on Armed 
Services, the Committee on Commerce, and the Committee on 
Science of the House of Representatives, not later than October 
1, 2000, a report providing the results of the assessment 
required by subsection (a).]

 * * * * * * *

SEC. 158. COORDINATION OF 9-1-1, E9-1-1, AND NEXT GENERATION 9-1-1 
 IMPLEMENTATION.

 (a) 9-1-1 Implementation Coordination Office.--
 (1) Establishment and continuation.--The [Assistant 
 Secretary] Under Secretary and the Administrator of the 
 National Highway Traffic Safety Administration shall--
 (A) establish and further a program to 
 facilitate coordination and communication 
 between Federal, State, and local emergency 
 communications systems, emergency personnel, 
 public safety organizations, telecommunications 
 carriers, and telecommunications equipment 
 manufacturers and vendors involved in the 
 implementation of 9-1-1 services; and
 (B) establish a 9-1-1 Implementation 
 Coordination Office to implement the provisions 
 of this section.
 (2) Management plan.--
 (A) Development.--The [Assistant Secretary] 
 Under Secretary and the Administrator shall 
 develop a management plan for the grant program 
 established under this section, including by 
 developing--
 (i) plans related to the 
 organizational structure of such 
 program; and
 (ii) funding profiles for each fiscal 
 year of the duration of such program.
 (B) Submission to Congress.--Not later than 
 90 days after the date of enactment of the Next 
 Generation 9-1-1 Advancement Act of 2012, the 
 [Assistant Secretary] Under Secretary and the 
 Administrator shall submit the management plan 
 developed under subparagraph (A) to--
 (i) the Committees on Commerce, 
 Science, and Transportation and 
 Appropriations of the Senate; and
 (ii) the Committees on Energy and 
 Commerce and Appropriations of the 
 House of Representatives.
 (3) Purpose of office.--The Office shall--
 (A) take actions, in concert with 
 coordinators designated in accordance with 
 subsection (b)(3)(A)(ii), to improve 
 coordination and communication with respect to 
 the implementation of 9-1-1 services, E9-1-1 
 services, and Next Generation 9-1-1 services;
 (B) develop, collect, and disseminate 
 information concerning practices, procedures, 
 and technology used in the implementation of 9-
 1-1 services, E9-1-1 services, and Next 
 Generation 9-1-1 services;
 (C) advise and assist eligible entities in 
 the preparation of implementation plans 
 required under subsection (b)(3)(A)(iii);
 (D) receive, review, and recommend the 
 approval or disapproval of applications for 
 grants under subsection (b); and
 (E) oversee the use of funds provided by such 
 grants in fulfilling such implementation plans.
 (b) 9-1-1, E9-1-1, and Next Generation 9-1-1 Implementation 
Grants.--
 (1) Matching grants.--The [Assistant Secretary] Under 
 Secretary and the Administrator, acting through the 
 Office, shall provide grants to eligible entities for--
 (A) the implementation and operation of 9-1-1 
 services, E9-1-1 services, migration to an IP-
 enabled emergency network, and adoption and 
 operation of Next Generation 9-1-1 services and 
 applications;
 (B) the implementation of IP-enabled 
 emergency services and applications enabled by 
 Next Generation 9-1-1 services, including the 
 establishment of IP backbone networks and the 
 application layer software infrastructure 
 needed to interconnect the multitude of 
 emergency response organizations; and
 (C) training public safety personnel, 
 including call-takers, first responders, and 
 other individuals and organizations who are 
 part of the emergency response chain in 9-1-1 
 services.
 (2) Matching requirement.--The Federal share of the 
 cost of a project eligible for a grant under this 
 section shall not exceed 60 percent.
 (3) Coordination required.--In providing grants under 
 paragraph (1), the [Assistant Secretary] Under 
 Secretary and the Administrator shall require an 
 eligible entity to certify in its application that--
 (A) in the case of an eligible entity that is 
 a State government, the entity--
 (i) has coordinated its application 
 with the public safety answering points 
 located within the jurisdiction of such 
 entity;
 (ii) has designated a single officer 
 or governmental body of the entity to 
 serve as the coordinator of 
 implementation of 9-1-1 services, 
 except that such designation need not 
 vest such coordinator with direct legal 
 authority to implement 9-1-1 services, 
 E9-1-1 services, or Next Generation 9-
 1-1 services or to manage emergency 
 communications operations;
 (iii) has established a plan for the 
 coordination and implementation of 9-1-
 1 services, E9-1-1 services, and Next 
 Generation 9-1-1 services; and
 (iv) has integrated 
 telecommunications services involved in 
 the implementation and delivery of 9-1-
 1 services, E9-1-1 services, and Next 
 Generation 9-1-1 services; or
 (B) in the case of an eligible entity that is 
 not a State, the entity has complied with 
 clauses (i), (iii), and (iv) of subparagraph 
 (A), and the State in which it is located has 
 complied with clause (ii) of such subparagraph.
 (4) Criteria.--Not later than 120 days after the date 
 of enactment of the Next Generation 9-1-1 Advancement 
 Act of 2012, the [Assistant Secretary] Under Secretary 
 and the Administrator shall issue regulations, after 
 providing the public with notice and an opportunity to 
 comment, prescribing the criteria for selection for 
 grants under this section. The criteria shall include 
 performance requirements and a timeline for completion 
 of any project to be financed by a grant under this 
 section. The [Assistant Secretary] Under Secretary and 
 the Administrator shall update such regulations as 
 necessary.
 (c) Diversion of 9-1-1 Charges.--
 (1) Designated 9-1-1 charges.--For the purposes of 
 this subsection, the term ``designated 9-1-1 charges'' 
 means any taxes, fees, or other charges imposed by a 
 State or other taxing jurisdiction that are designated 
 or presented as dedicated to deliver or improve 9-1-1 
 services, E9-1-1 services, or Next Generation 9-1-1 
 services.
 (2) Certification.--Each applicant for a matching 
 grant under this section shall certify to the 
 [Assistant Secretary] Under Secretary and the 
 Administrator at the time of application, and each 
 applicant that receives such a grant shall certify to 
 the [Assistant Secretary] Under Secretary and the 
 Administrator annually thereafter during any period of 
 time during which the funds from the grant are 
 available to the applicant, that no portion of any 
 designated 9-1-1 charges imposed by a State or other 
 taxing jurisdiction within which the applicant is 
 located are being obligated or expended for any purpose 
 other than the purposes for which such charges are 
 designated or presented during the period beginning 180 
 days immediately preceding the date of the application 
 and continuing through the period of time during which 
 the funds from the grant are available to the 
 applicant.
 (3) Condition of grant.--Each applicant for a grant 
 under this section shall agree, as a condition of 
 receipt of the grant, that if the State or other taxing 
 jurisdiction within which the applicant is located, 
 during any period of time during which the funds from 
 the grant are available to the applicant, obligates or 
 expends designated 9-1-1 charges for any purpose other 
 than the purposes for which such charges are designated 
 or presented, eliminates such charges, or redesignates 
 such charges for purposes other than the implementation 
 or operation of 9-1-1 services, E9-1-1 services, or 
 Next Generation 9-1-1 services, all of the funds from 
 such grant shall be returned to the Office.
 (4) Penalty for providing false information.--Any 
 applicant that provides a certification under paragraph 
 (2) knowing that the information provided in the 
 certification was false shall--
 (A) not be eligible to receive the grant 
 under subsection (b);
 (B) return any grant awarded under subsection 
 (b) during the time that the certification was 
 not valid; and
 (C) not be eligible to receive any subsequent 
 grants under subsection (b).
 (d) Funding and Termination.--
 (1) In general.--From the amounts made available to 
 the [Assistant Secretary] Under Secretary and the 
 Administrator under section 6413(b)(6) of the Middle 
 Class Tax Relief and Job Creation Act of 2012, the 
 [Assistant Secretary] Under Secretary and the 
 Administrator are authorized to provide grants under 
 this section through the end of fiscal year 2022. Not 
 more than 5 percent of such amounts may be obligated or 
 expended to cover the administrative costs of carrying 
 out this section.
 (2) Termination.--Effective on October 1, 2022, the 
 authority provided by this section terminates and this 
 section shall have no effect.
 (e) Definitions.--In this section, the following definitions 
shall apply:
 (1) 9-1-1 services.--The term ``9-1-1 services'' 
 includes both E9-1-1 services and Next Generation 9-1-1 
 services.
 (2) E9-1-1 services.--The term ``E9-1-1 services'' 
 means both phase I and phase II enhanced 9-1-1 
 services, as described in section 20.18 of the 
 Commission's regulations (47 C.F.R. 20.18), as in 
 effect on the date of enactment of the Next Generation 
 9-1-1 Advancement Act of 2012, or as subsequently 
 revised by the Commission.
 (3) Eligible entity.--
 (A) In general.--The term ``eligible entity'' 
 means a State or local government or a tribal 
 organization (as defined in section 4(l) of the 
 Indian Self-Determination and Education 
 Assistance Act (25 U.S.C. 450b(l))).
 (B) Instrumentalities.--The term ``eligible 
 entity'' includes public authorities, boards, 
 commissions, and similar bodies created by one 
 or more eligible entities described in 
 subparagraph (A) to provide 9-1-1 services, E9-
 1-1 services, or Next Generation 9-1-1 
 services.
 (C) Exception.--The term ``eligible entity'' 
 does not include any entity that has failed to 
 submit the most recently required certification 
 under subsection (c) within 30 days after the 
 date on which such certification is due.
 (4) Emergency call.--The term ``emergency call'' 
 refers to any real-time communication with a public 
 safety answering point or other emergency management or 
 response agency, including--
 (A) through voice, text, or video and related 
 data; and
 (B) nonhuman-initiated automatic event 
 alerts, such as alarms, telematics, or sensor 
 data, which may also include real-time voice, 
 text, or video communications.
 (5) Next Generation 9-1-1 services.--The term ``Next 
 Generation 9-1-1 services'' means an IP-based system 
 comprised of hardware, software, data, and operational 
 policies and procedures that--
 (A) provides standardized interfaces from 
 emergency call and message services to support 
 emergency communications;
 (B) processes all types of emergency calls, 
 including voice, data, and multimedia 
 information;
 (C) acquires and integrates additional 
 emergency call data useful to call routing and 
 handling;
 (D) delivers the emergency calls, messages, 
 and data to the appropriate public safety 
 answering point and other appropriate emergency 
 entities;
 (E) supports data or video communications 
 needs for coordinated incident response and 
 management; and
 (F) provides broadband service to public 
 safety answering points or other first 
 responder entities.
 (6) Office.--The term ``Office'' means the 9-1-1 
 Implementation Coordination Office.
 (7) Public safety answering point.--The term ``public 
 safety answering point'' has the meaning given the term 
 in section 222 of the Communications Act of 1934 (47 
 U.S.C. 222).
 (8) State.--The term ``State'' means any State of the 
 United States, the District of Columbia, Puerto Rico, 
 American Samoa, Guam, the United States Virgin Islands, 
 the Northern Mariana Islands, and any other territory 
 or possession of the United States.
 ---------- 

 TITLE 5, UNITED STATES CODE

 * * * * * * *
PART III--EMPLOYEES

 * * * * * * *

SUBPART D--PAY AND ALLOWANCES

 * * * * * * *

CHAPTER 53--PAY RATES AND SYSTEMS

 * * * * * * *

SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

 * * * * * * *

Sec. 5314. Positions at level III

 Level III of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
 Solicitor General of the United States.
 Under Secretary of Commerce, Under Secretary of 
 Commerce for Economic Affairs, Under Secretary of 
 Commerce for Industry and Security, Under Secretary of 
 Commerce for Travel and Tourism, and Under Secretary of 
 Commerce for Minority Business Development.
 Under Secretaries of State (6).
 Under Secretaries of the Treasury (3).
 Administrator of General Services.
 Administrator of the Small Business Administration.
 Deputy Administrator, Agency for International 
 Development.
 Chairman of the Merit Systems Protection Board.
 Chairman, Federal Communications Commission.
 Chairman, Board of Directors, Federal Deposit 
 Insurance Corporation.
 Chairman, Federal Energy Regulatory Commission.
 Chairman, Federal Trade Commission.
 Chairman, Surface Transportation Board.
 Chairman, National Labor Relations Board.
 Chairman, Securities and Exchange Commission.
 Chairman, National Mediation Board.
 Chairman, Railroad Retirement Board.
 Chairman, Federal Maritime Commission.
 Comptroller of the Currency.
 Commissioner of Internal Revenue.
 Under Secretary of Defense for Research and 
 Engineering.
 Under Secretary of Defense for Acquisition and 
 Sustainment.
 Under Secretary of Defense for Policy.
 Under Secretary of Defense (Comptroller).
 Under Secretary of Defense for Personnel and 
 Readiness.
 Under Secretary of Defense for Intelligence and 
 Security.
 Under Secretary of the Air Force.
 Under Secretary of the Army.
 Under Secretary of the Navy.
 Deputy Administrator of the National Aeronautics and 
 Space Administration.
 Deputy Director of the Central Intelligence Agency.
 Director of the Office of Emergency Planning.
 Director of the Peace Corps.
 Deputy Director, National Science Foundation.
 President of the Export-Import Bank of Washington.
 Members, Nuclear Regulatory Commission.
 Members, Defense Nuclear Facilities Safety Board.
 Director of the Federal Bureau of Investigation, 
 Department of Justice.
 Administrator of the National Highway Traffic Safety 
 Administration.
 Administrator of the Federal Motor Carrier Safety 
 Administration.
 Administrator, Federal Railroad Administration.
 Chairman, National Transportation Safety Board.
 Chairman of the National Endowment for the Arts the 
 incumbent of which also serves as Chairman of the 
 National Council on the Arts.
 Chairman of the National Endowment for the 
 Humanities.
 Director of the Federal Mediation and Conciliation 
 Service.
 Chairman, Postal Regulatory Commission.
 Chairman, Occupational Safety and Health Review 
 Commission.
 Governor of the Farm Credit Administration.
 Chairman, Equal Employment Opportunity Commission.
 Chairman, Consumer Product Safety Commission.
 Under Secretaries of Energy (3).
 Chairman, Commodity Futures Trading Commission.
 Deputy United States Trade Representatives (3).
 Chief Agricultural Negotiator, Office of the United 
 States Trade Representative.
 Chief Innovation and Intellectual Property 
 Negotiator, Office of the United States Trade 
 Representative.
 Chairman, United States International Trade 
 Commission.
 Under Secretary of Commerce for Oceans and 
 Atmosphere, the incumbent of which also serves as 
 Administrator of the National Oceanic and Atmospheric 
 Administration.
 Under Secretary of Commerce for Standards and 
 Technology, who also serves as Director of the National 
 Institute of Standards and Technology.
 Associate Attorney General.
 Chairman, Federal Mine Safety and Health Review 
 Commission.
 Chairman, National Credit Union Administration Board.
 Deputy Director of the Office of Personnel 
 Management.
 Under Secretary of Agriculture for Farm Production 
 and Conservation.
 Under Secretary of Agriculture for Trade and Foreign 
 Agricultural Affairs.
 Under Secretary of Agriculture for Food, Nutrition, 
 and Consumer Services.
 Under Secretary of Agriculture for Natural Resources 
 and Environment.
 Under Secretary of Agriculture for Research, 
 Education, and Economics.
 Under Secretary of Agriculture for Food Safety.
 Under Secretary of Agriculture for Marketing and 
 Regulatory Programs.
 Director, Institute for Scientific and Technological 
 Cooperation.
 Under Secretary of Agriculture for Rural Development.
 Administrator, Maritime Administration.
 Executive Director Property Review Board.
 Deputy Administrator of the Environmental Protection 
 Agency.
 Archivist of the United States.
 Executive Director, Federal Retirement Thrift 
 Investment Board.
 Principal Deputy Under Secretary of Defense for 
 Acquisition, Technology, and Logistics.
 Director, Trade and Development Agency.
 Under Secretary for Health, Department of Veterans 
 Affairs.
 Under Secretary for Benefits, Department of Veterans 
 Affairs.
 Under Secretary for Memorial Affairs, Department of 
 Veterans Affairs.
 Under Secretaries, Department of Homeland Security.
 Director of the Bureau of Citizenship and Immigration 
 Services.
 Director of the Office of Government Ethics.
 Administrator for Federal Procurement Policy.
 Administrator, Office of Information and Regulatory 
 Affairs, Office of Management and Budget.
 Director of the Office of Thrift Supervision.
 Chairperson of the Federal Housing Finance Board.
 Executive Secretary, National Space Council.
 Controller, Office of Federal Financial Management, 
 Office of Management and Budget.
 Administrator, Office of the Assistant Secretary for 
 Research and Technology of the Department of 
 Transportation.
 Deputy Director for Demand Reduction, Office of 
 National Drug Control Policy.
 Deputy Director for Supply Reduction, Office of 
 National Drug Control Policy.
 Deputy Director for State and Local Affairs, Office 
 of National Drug Control Policy.
 Under Secretary of Commerce for Intellectual Property 
 and Director of the United States Patent and Trademark 
 Office.
 Register of Copyrights.
 Commissioner of U.S. Customs and Border Protection, 
 Department of Homeland Security.
 Under Secretary of Education
 Administrator of the Centers for Medicare & Medicaid 
 Services.
 Administrator of the Office of Electronic Government.
 Administrator, Pipeline and Hazardous Materials 
 Safety Administration.
 Director, Pension Benefit Guaranty Corporation.
 Deputy Administrators, Federal Emergency Management 
 Agency.
 Deputy Administrator, Transportation Security 
 Administration.
 Chief Executive Officer, International Clean Energy 
 Foundation.
 Independent Member of the Financial Stability 
 Oversight Council (1).
 Director of the Office of Financial Research.
 Director of the National Reconnaissance Office.
 Special Counsel of the Office of Special Counsel.
 Under Secretary of Commerce for Communications and 
 Information.

Sec. 5315. Positions at level IV

 Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
 Deputy Administrator of General Services.
 Associate Administrator of the National Aeronautics 
 and Space Administration.
 Assistant Administrators, Agency for International 
 Development (6).
 Regional Assistant Administrators, Agency for 
 International Development (4).
 Assistant Secretaries of Agriculture (3).
 Assistant Secretaries of Commerce [(11)] (10).
 Assistant Secretaries of Defense (19).
 Assistant Secretaries of the Air Force (5).
 Assistant Secretaries of the Army (5).
 Assistant Secretaries of the Navy (4).
 Assistant Secretaries of Health and Human Services 
 (6).
 Assistant Secretaries of the Interior (6).
 Assistant Attorneys General (11).
 Assistant Secretaries of Labor (10), one of whom 
 shall be the Assistant Secretary of Labor for Veterans' 
 Employment and Training.
 Administrator, Wage and Hour Division, Department of 
 Labor.
 Assistant Secretaries of State (24) and 4 other State 
 Department officials to be appointed by the President, 
 by and with the advice and consent of the Senate.
 Assistant Secretaries of the Treasury (10).
 Members, United States International Trade Commission 
 (5).
 Assistant Secretaries of Education (10).
 General Counsel, Department of Education.
 Director of Civil Defense, Department of the Army.
 Deputy Director of the Office of Emergency Planning.
 Deputy Director of the Office of Science and 
 Technology.
 Deputy Director of the Peace Corps.
 Assistant Directors of the Office of Management and 
 Budget (3).
 General Counsel of the Department of Agriculture.
 General Counsel of the Department of Commerce.
 General Counsel of the Department of Defense.
 General Counsel of the Department of Health and Human 
 Services.
 Solicitor of the Department of the Interior.
 Solicitor of the Department of Labor.
 General Counsel of the National Labor Relations 
 Board.
 General Counsel of the Department of the Treasury.
 First Vice President of the Export-Import Bank of 
 Washington.
 Members, Council of Economic Advisers.
 Members, Board of Directors of the Export-Import Bank 
 of Washington.
 Members, Federal Communications Commission.
 Member, Board of Directors of the Federal Deposit 
 Insurance Corporation.
 Directors, Federal Housing Finance Board.
 Members, Federal Energy Regulatory Commission.
 Members, Federal Trade Commission.
 Members, Surface Transportation Board.
 Members, National Labor Relations Board.
 Members, Securities and Exchange Commission.
 Members, Merit Systems Protection Board.
 Members, Federal Maritime Commission.
 Members, National Mediation Board.
 Members, Railroad Retirement Board.
 Director of Selective Service.
 Associate Director of the Federal Bureau of 
 Investigation, Department of Justice.
 Members, Equal Employment Opportunity Commission (4).
 Director, Community Relations Service.
 Members, National Transportation Safety Board.
 General Counsel, Department of Transportation.
 Deputy Administrator, Federal Aviation 
 Administration.
 Assistant Secretaries of Transportation (5).
 Deputy Federal Highway Administrator.
 Administrator of the Great Lakes St. Lawrence Seaway 
 Development Corporation.
 Assistant Secretary for Science, Smithsonian 
 Institution.
 Assistant Secretary for History and Art, Smithsonian 
 Institution.
 Deputy Administrator of the Small Business 
 Administration.
 Assistant Secretaries of Housing and Urban 
 Development (8).
 General Counsel of the Department of Housing and 
 Urban Development.
 Commissioner of Interama.
 Federal Insurance Administrator, Federal Emergency 
 Management Agency.
 Members, National Credit Union Administration Board 
 (2).
 Members, Postal Regulatory Commission (4).
 Members, Occupational Safety and Health Review 
 Commission.
 Deputy Under Secretaries of the Treasury (or 
 Assistant Secretaries of the Treasury) (2).
 Members, Consumer Product Safety Commission (4).
 Members, Commodity Futures Trading Commission.
 Director of Nuclear Reactor Regulation, Nuclear 
 Regulatory Commission.
 Director of Nuclear Material Safety and Safeguards, 
 Nuclear Regulatory Commission.
 Director of Nuclear Regulatory Research, Nuclear 
 Regulatory Commission.
 Executive Director for Operations, Nuclear Regulatory 
 Commission.
 President, Government National Mortgage Association, 
 Department of Housing and Urban Development.
 Assistant Secretary of Commerce for Oceans and 
 Atmosphere, the incumbent of which also serves as 
 Deputy Administrator of the National Oceanic and 
 Atmospheric Administration.
 Director, Bureau of Prisons, Department of Justice.
 Assistant Secretaries of Energy (8).
 General Counsel of the Department of Energy.
 Administrator, Economic Regulatory Administration, 
 Department of Energy.
 Administrator, Energy Information Administration, 
 Department of Energy.
 Director, Office of Indian Energy Policy and 
 Programs, Department of Energy.
 Director, Office of Science, Department of Energy.
 Assistant Secretary of Labor for Mine Safety and 
 Health.
 Members, Federal Mine Safety and Health Review 
 Commission.
 President, National Consumer Cooperative Bank.
 Chairman, Federal Labor Relations Authority.
 Assistant Secretaries, Department of Homeland 
 Security.
 Assistant Director for Cybersecurity, Cybersecurity 
 and Infrastructure Security Agency.
 Assistant Director for Infrastructure Security, 
 Cybersecurity and Infrastructure Security Agency.
 General Counsel, Department of Homeland Security.
 Officer for Civil Rights and Civil Liberties, 
 Department of Homeland Security.
 Chief Financial Officer, Department of Homeland 
 Security.
 Chief Information Officer, Department of Homeland 
 Security.
 Deputy Director, Institute for Scientific and 
 Technological Cooperation.
 Director of the National Institute of Justice.
 Director of the Bureau of Justice Statistics.
 Chief Counsel for Advocacy, Small Business 
 Administration.
 Assistant Administrator for Toxic Substances, 
 Environmental Protection Agency.
 Assistant Administrator, Office of Solid Waste, 
 Environmental Protection Agency.
 Assistant Administrators, Environmental Protection 
 Agency (8).
 Director of Operational Test and Evaluation, 
 Department of Defense.
 Director of Cost Assessment and Program Evaluation, 
 Department of Defense.
 Special Representatives of the President for arms 
 control, nonproliferation, and disarmament matters, 
 Department of State.
 Ambassadors at Large.
 Assistant Secretary of Commerce and Director General 
 of the United States and Foreign Commercial Service.
 Assistant Secretaries, Department of Veterans Affairs 
 (7).
 General Counsel, Department of Veterans Affairs.
 Commissioner of Food and Drugs, Department of Health 
 and Human Services
 Chairman, Board of Veterans' Appeals.
 Administrator, Office of Juvenile Justice and 
 Delinquency Prevention.
 Director, United States Marshals Service.
 Chairman, United States Parole Commission.
 Director, Bureau of the Census, Department of 
 Commerce.
 Director of the Institute of Museum and Library 
 Services.
 Chief Financial Officer, Department of Agriculture.
 Chief Financial Officer, Department of Commerce.
 Chief Financial Officer, Department of Education.
 Chief Financial Officer, Department of Energy.
 Chief Financial Officer, Department of Health and 
 Human Services.
 Chief Financial Officer, Department of Housing and 
 Urban Development.
 Chief Financial Officer, Department of the Interior.
 Chief Financial Officer, Department of Justice.
 Chief Financial Officer, Department of Labor.
 Chief Financial Officer, Department of State.
 Chief Financial Officer, Department of 
 Transportation.
 Chief Financial Officer, Department of the Treasury.
 Chief Financial Officer, Department of Veterans 
 Affairs.
 Chief Financial Officer, Environmental Protection 
 Agency.
 Chief Financial Officer, National Aeronautics and 
 Space Administration.
 Commissioner, Office of Navajo and Hopi Indian 
 Relocation.
 Deputy Under Secretary of Defense for Research and 
 Engineering.
 Deputy Under Secretary of Defense for Acquisition and 
 Sustainment.
 Deputy Under Secretary of Defense for Policy.
 Deputy Under Secretary of Defense for Personnel and 
 Readiness.
 Deputy Under Secretary of Defense (Comptroller).
 Deputy Under Secretary of Defense for Intelligence 
 and Security.
 General Counsel of the Department of the Army.
 General Counsel of the Department of the Navy.
 General Counsel of the Department of the Air Force.
 Liaison for Community and Junior Colleges, Department 
 of Education.
 Director of the Office of Educational Technology.
 Director of the International Broadcasting Bureau.
 The Commissioner of Labor Statistics, Department of 
 Labor.
 Chief Information Officer, Department of Agriculture.
 Chief Information Officer, Department of Commerce.
 Chief Information Officer, Department of Defense 
 (unless the official designated as the Chief 
 Information Officer of the Department of Defense is an 
 official listed under section 5312, 5313, or 5314 of 
 this title).
 Chief Information Officer, Department of Education.
 Chief Information Officer, Department of Energy.
 Chief Information Officer, Department of Health and 
 Human Services.
 Chief Information Officer, Department of Housing and 
 Urban Development.
 Chief Information Officer, Department of the 
 Interior.
 Chief Information Officer, Department of Justice.
 Chief Information Officer, Department of Labor.
 Chief Information Officer, Department of State.
 Chief Information Officer, Department of 
 Transportation.
 Chief Information Officer, Department of the 
 Treasury.
 Chief Information Officer, Department of Veterans 
 Affairs.
 Chief Information Officer, Environmental Protection 
 Agency.
 Chief Information Officer, National Aeronautics and 
 Space Administration.
 Chief Information Officer, Agency for International 
 Development.
 Chief Information Officer, Federal Emergency 
 Management Agency.
 Chief Information Officer, General Services 
 Administration.
 Chief Information Officer, National Science 
 Foundation.
 Chief Information Officer, Nuclear Regulatory Agency.
 Chief Information Officer, Office of Personnel 
 Management.
 Chief Information Officer, Small Business 
 Administration.
 General Counsel of the Central Intelligence Agency.
 Principal Deputy Administrator, National Nuclear 
 Security Administration.
 Additional Deputy Administrators of the National 
 Nuclear Security Administration (3), but if the Deputy 
 Administrator for Naval Reactors is an officer of the 
 Navy on active duty, (2).
 Deputy Under Secretary of Commerce for Intellectual 
 Property and Deputy Director of the United States 
 Patent and Trademark Office.
 General Counsel of the Office of the Director of 
 National Intelligence.
 Chief Medical Officer, Department of Homeland 
 Security.
 Director of the National Counterintelligence and 
 Security Center.

 * * * * * * *

 ---------- 

 SECTION 106 OF THE PUBLIC TELECOMMUNICATIONS FINANCING ACT OF 1978

 miscellaneous provisions

 Sec. 106. (a) [subsections (a) and (b) omitted--Amends other 
Act
 (c) [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),] 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)), shall be 
compensated at the rate of pay in effect from time to time for 
level V of the Executive Schedule under section 5316 of title 
5, United States Code.
 ---------- 

 COMMUNICATIONS ACT OF 1934

 * * * * * * *
 TITLE III--SPECIAL PROVISIONS RELATING TO RADIO

PART I--GENERAL PROVISIONS

 * * * * * * *

SEC. 344. TELECOMMUNICATIONS INTERAGENCY WORKING GROUP.

 (a) Definition.--In this section, the term 
``telecommunications interagency working group'' means the 
interagency working group established under subsection (b)(1).
 (b) Establishment.--
 (1) In general.--Not later than 60 days after the 
 date of enactment of this section, the Chairman of the 
 Commission, in partnership with the Secretary of Labor, 
 shall establish within the Commission an interagency 
 working group to develop recommendations to address the 
 workforce needs of the telecommunications industry, 
 including the safety of that workforce.
 (2) Date of establishment.--The telecommunications 
 interagency working group shall be considered 
 established on the date on which a majority of the 
 members of the working group have been appointed, 
 consistent with subsection (d).
 (c) Duties.--In developing recommendations under subsection 
(b), the telecommunications interagency working group shall--
 (1) determine whether, and if so how, any Federal 
 laws, regulations, guidance, policies, or practices, or 
 any budgetary constraints, may be amended to strengthen 
 the ability of institutions of higher education (as 
 defined in section 101 of the Higher Education Act of 
 1965 (20 U.S.C. 1001)) or for-profit businesses to 
 establish, adopt, or expand programs intended to 
 address the workforce needs of the telecommunications 
 industry, including the workforce needed to build and 
 maintain the 5G wireless infrastructure necessary to 
 support 5G wireless technology;
 (2) identify potential policies and programs that 
 could encourage and improve coordination among Federal 
 agencies, between Federal agencies and States, and 
 among States, on telecommunications workforce needs;
 (3) identify ways in which existing Federal programs, 
 including programs that help facilitate the employment 
 of veterans and military personnel transitioning into 
 civilian life, could be leveraged to help address the 
 workforce needs of the telecommunications industry;
 (4) identify ways to improve recruitment in workforce 
 development programs in the telecommunications 
 industry;
 (5) identify Federal incentives that could be 
 provided to institutions of higher education, for-
 profit businesses, State workforce development boards 
 established under section 101 of the Workforce 
 Innovation and Opportunity Act (29 U.S.C. 3111), or 
 other relevant stakeholders to establish or adopt new 
 programs, expand current programs, or partner with 
 registered apprenticeship programs, to address the 
 workforce needs of the telecommunications industry, 
 including such needs in rural areas;
 (6) identify ways to improve the safety of 
 telecommunications workers, including tower climbers; 
 and
 (7) identify ways that trends in wages, benefits, and 
 working conditions in the telecommunications industry 
 impact recruitment of employees in the sector.
 (d) Members.--The telecommunications interagency working 
group shall be composed of the following representatives of 
Federal agencies and relevant non-Federal industry and labor 
stakeholder organizations:
 (1) A representative of the Department of Education, 
 appointed by the Secretary of Education.
 (2) A representative of the National 
 Telecommunications and Information Administration, 
 appointed by the [Assistant Secretary] Under Secretary 
 of Commerce for Communications and Information.
 (3) A representative of the Commission, appointed by 
 the Chairman of the Commission.
 (4) A representative of a registered apprenticeship 
 program in construction or maintenance, appointed by 
 the Secretary of Labor.
 (5) A representative of a telecommunications industry 
 association, appointed by the Chairman of the 
 Commission.
 (6) A representative of an Indian Tribe or Tribal 
 organization, appointed by the Chairman of the 
 Commission.
 (7) A representative of a rural telecommunications 
 carrier, appointed by the Chairman of the Commission.
 (8) A representative of a telecommunications 
 contractor firm, appointed by the Chairman of the 
 Commission.
 (9) A representative of an institution of higher 
 education described in section 371(a) of the Higher 
 Education Act of 1965 (20 U.S.C. 1067q(a)), appointed 
 by the Secretary of Education.
 (10) A public interest advocate for tower climber 
 safety, appointed by the Secretary of Labor.
 (11) A representative of the Directorate of 
 Construction of the Occupational Safety and Health 
 Administration, appointed by the Secretary of Labor.
 (12) A representative of a labor organization 
 representing the telecommunications workforce, 
 appointed by the Secretary of Labor.
 (e) No Compensation.--A member of the telecommunications 
interagency working group shall serve without compensation.
 (f) Other Matters.--
 (1) Chair and vice chair.--The telecommunications 
 interagency working group shall name a chair and a vice 
 chair, who shall be responsible for organizing the 
 business of the working group.
 (2) Subgroups.--The chair and vice chair of the 
 telecommunications interagency working group, in 
 consultation with the other members of the 
 telecommunications interagency working group, may 
 establish such subgroups as necessary to help conduct 
 the work of the telecommunications interagency working 
 group.
 (3) Support.--The Commission and the Secretary of 
 Labor may detail employees of the Commission and the 
 Department of Labor, respectively, to assist and 
 support the work of the telecommunications interagency 
 working group, though such a detailee shall not be 
 considered to be a member of the working group.
 (g) Report to Congress.--
 (1) Report to congress.--Not later than 1 year after 
 the date on which the telecommunications interagency 
 working group is established, the working group shall 
 submit a report containing its recommendations to 
 address the workforce needs of the telecommunications 
 industry to--
 (A) the Committee on Commerce, Science, and 
 Transportation of the Senate;
 (B) the Committee on Health, Education, 
 Labor, and Pensions of the Senate;
 (C) the Committee on Energy and Commerce of 
 the House of Representatives;
 (D) the Committee on Education and Labor of 
 the House of Representatives;
 (E) the Department of Labor; and
 (F) the Commission.
 (2) Majority support.--The telecommunications 
 interagency working group may not submit the report 
 under paragraph (1) unless the report has the support 
 of not less than the majority of the members of the 
 working group.
 (3) Views.--The telecommunications interagency 
 working group shall--
 (A) include with the report submitted under 
 paragraph (1) any concurring or dissenting view 
 offered by a member of the working group; and
 (B) identify each member to whom each 
 concurring or dissenting view described in 
 subparagraph (A) should be attributed.
 (4) Public posting.--The Commission and the Secretary 
 of Labor shall make a copy of the report submitted 
 under paragraph (1) available to the public on the 
 websites of the Commission and the Department of Labor, 
 respectively.
 (h) Nonapplicability of FACA.--The Federal Advisory Committee 
Act (5 U.S.C. App.) shall not apply to the telecommunications 
interagency working group.

 * * * * * * *

 ---------- 

 HOMELAND SECURITY ACT OF 2002

 * * * * * * *
TITLE XVIII--EMERGENCY COMMUNICATIONS

 * * * * * * *

SEC. 1805. REGIONAL EMERGENCY COMMUNICATIONS COORDINATION.

 (a) In General.--There is established in each Regional Office 
a Regional Emergency Communications Coordination Working Group 
(in this section referred to as an ``RECC Working Group''). 
Each RECC Working Group shall report to the relevant Regional 
Administrator and coordinate its activities with the relevant 
Regional Advisory Council.
 (b) Membership.--Each RECC Working Group shall consist of the 
following:
 (1) Non-federal.--Organizations representing the 
 interests of the following:
 (A) State officials.
 (B) Local government officials, including 
 sheriffs.
 (C) State police departments.
 (D) Local police departments.
 (E) Local fire departments.
 (F) Public safety answering points (9-1-1 
 services).
 (G) State emergency managers, homeland 
 security directors, or representatives of State 
 Administrative Agencies.
 (H) Local emergency managers or homeland 
 security directors.
 (I) Other emergency response providers as 
 appropriate.
 (2) Federal.--Representatives from the Department, 
 the Federal Communications Commission, and other 
 Federal departments and agencies with responsibility 
 for coordinating interoperable emergency communications 
 with or providing emergency support services to State, 
 local, and tribal governments.
 (c) Coordination.--Each RECC Working Group shall coordinate 
its activities with the following:
 (1) Communications equipment manufacturers and 
 vendors (including broadband data service providers).
 (2) Local exchange carriers.
 (3) Local broadcast media.
 (4) Wireless carriers.
 (5) Satellite communications services.
 (6) Cable operators.
 (7) Hospitals.
 (8) Public utility services.
 (9) Emergency evacuation transit services.
 (10) Ambulance services.
 (11) HAM and amateur radio operators.
 (12) Representatives from other private sector 
 entities and nongovernmental organizations as the 
 Regional Administrator determines appropriate.
 (d) Duties.--The duties of each RECC Working Group shall 
include--
 (1) assessing the survivability, sustainability, and 
 interoperability of local emergency communications 
 systems to meet the goals of the National Emergency 
 Communications Plan;
 (2) reporting annually to the relevant Regional 
 Administrator, the Assistant Director for Emergency 
 Communications, the Chairman of the Federal 
 Communications Commission, and the [Assistant Secretary 
 for Communications and Information of the Department of 
 Commerce] Under Secretary of Commerce for 
 Communications and Information on the status of its 
 region in building robust and sustainable interoperable 
 voice and data emergency communications networks and, 
 not later than 60 days after the completion of the 
 initial National Emergency Communications Plan under 
 section 1802, on the progress of the region in meeting 
 the goals of such plan;
 (3) ensuring a process for the coordination of 
 effective multijurisdictional, multi-agency emergency 
 communications networks for use during natural 
 disasters, acts of terrorism, and other man-made 
 disasters through the expanded use of emergency 
 management and public safety communications mutual aid 
 agreements; and
 (4) coordinating the establishment of Federal, State, 
 local, and tribal support services and networks 
 designed to address the immediate and critical human 
 needs in responding to natural disasters, acts of 
 terrorism, and other man-made disasters.

 * * * * * * *

 ---------- 

 AGRICULTURE IMPROVEMENT ACT OF 2018

 * * * * * * *
TITLE VI--RURAL DEVELOPMENT

 * * * * * * *

Subtitle B--Connecting Rural Americans to High Speed Broadband

 * * * * * * *

SEC. 6212. FEDERAL BROADBAND PROGRAM COORDINATION.

 (a) Consultation Between USDA and NTIA.--The Secretary shall 
consult with the [Assistant Secretary] Under Secretary to 
assist in the verification of eligibility of the broadband loan 
and grant programs of the Department of Agriculture. In 
providing assistance under the preceding sentence, the 
[Assistant Secretary] Under Secretary shall make available the 
broadband assessment and mapping capabilities of the National 
Telecommunications and Information Administration.
 (b) Consultation Between USDA and FCC.--
 (1) By usda.--The Secretary shall consult with the 
 Commission before providing broadband assistance for a 
 project to serve an area with respect to which another 
 entity is receiving Connect America Fund or Mobility 
 Fund support under the Federal universal service 
 support mechanisms established under section 254 of the 
 Communications Act of 1934 (47 U.S.C. 254).
 (2) By fcc.--The Commission shall consult with the 
 Secretary before offering or providing Connect America 
 Fund or Mobility Fund support under the Federal 
 universal service support mechanisms established under 
 section 254 of the Communications Act of 1934 (47 
 U.S.C. 254) to serve an area with respect to which 
 another entity has received broadband assistance under 
 a loan or grant program of the Department of 
 Agriculture.
 (c) Report to Congress.--Not later than 1 year after the date 
of the enactment of this Act, the Secretary, the Commission, 
and the [Assistant Secretary] Under Secretary shall submit to 
the Committee on Agriculture and the Committee on Energy and 
Commerce of the House of Representatives and the Committee on 
Agriculture, Nutrition, and Forestry and the Committee on 
Commerce, Science, and Transportation of the Senate a report on 
how best to coordinate federally supported broadband programs 
and activities in order to achieve the following objectives:
 (1) Promote high-quality broadband service that meets 
 the long-term needs of rural residents and businesses, 
 by evaluating the broadband service needs in rural 
 areas for each decade through 2050.
 (2) Support the long-term viability, sustainability, 
 and utility of federally supported rural broadband 
 infrastructure, by analyzing the technical capabilities 
 of the technologies currently available and reasonably 
 expected to be available by 2035 to meet the broadband 
 service needs of rural residents identified under 
 paragraph (1), including by analyzing the following:
 (A) The real-world performance of such 
 technologies, including data rates, latency, 
 data usage restrictions, and other aspects of 
 service quality, as defined by the Commission.
 (B) The suitability of each such technology 
 for residential, agricultural, educational, 
 healthcare, commercial, and industrial purposes 
 in rural areas.
 (C) The cost to deploy and support such 
 technologies in several rural geographies.
 (D) The costs associated with online 
 platforms, specifically the resulting 
 constraints on rural network bandwidth.
 (3) Identify and quantify the availability of 
 broadband service and ongoing broadband deployment in 
 rural areas, including ways to do the following:
 (A) Harmonize broadband notification and 
 reporting requirements and develop common 
 verification procedures across all federally 
 supported broadband programs.
 (B) Consolidate and utilize the existing 
 broadband service data.
 (C) Collect and share data on those projects 
 in rural areas where Federal programs are 
 currently supporting broadband deployment, 
 including areas with respect to which an entity 
 is receiving--
 (i) support under a broadband 
 assistance program of the Department of 
 Agriculture; or
 (ii) Connect America Fund or Mobility 
 Fund support under the Federal 
 universal service support mechanisms 
 established under section 254 of the 
 Communications Act of 1934 (47 U.S.C. 
 254).
 (D) Leverage support technologies and 
 services from online platforms for providers of 
 broadband service in rural areas.
 (d) Definitions.--In this section:
 (1) [Assistant secretary] Under secretary.--The term 
 ``[Assistant Secretary] Under Secretary'' means the 
 [Assistant Secretary] Under Secretary of Commerce for 
 Communications and Information.
 (2) Commission.--The term ``Commission'' means the 
 Federal Communications Commission.
 (3) Rural area.--The term ``rural area'' has the 
 meaning given the term in section 601(b)(3) of the 
 Rural Electrification Act of 1936.

 * * * * * * *

 ---------- 

 TITLE 17, UNITED STATES CODE

 * * * * * * *
CHAPTER 12--COPYRIGHT PROTECTION AND MANAGEMENT SYSTEMS

 * * * * * * *

Sec. 1201. Circumvention of copyright protection systems

 (a) Violations Regarding Circumvention of Technological 
Measures.--(1)(A) No person shall circumvent a technological 
measure that effectively controls access to a work protected 
under this title. The prohibition contained in the preceding 
sentence shall take effect at the end of the 2-year period 
beginning on the date of the enactment of this chapter.
 (B) The prohibition contained in subparagraph (A) shall not 
apply to persons who are users of a copyrighted work which is 
in a particular class of works, if such persons are, or are 
likely to be in the succeeding 3-year period, adversely 
affected by virtue of such prohibition in their ability to make 
noninfringing uses of that particular class of works under this 
title, as determined under subparagraph (C).
 (C) During the 2-year period described in subparagraph (A), 
and during each succeeding 3-year period, the Librarian of 
Congress, upon the recommendation of the Register of 
Copyrights, who shall consult with the [Assistant Secretary for 
Communications and Information of the Department of Commerce] 
Under Secretary of Commerce for Communications and Information 
and report and comment on his or her views in making such 
recommendation, shall make the determination in a rulemaking 
proceeding for purposes of subparagraph (B) of whether persons 
who are users of a copyrighted work are, or are likely to be in 
the succeeding 3-year period, adversely affected by the 
prohibition under subparagraph (A) in their ability to make 
noninfringing uses under this title of a particular class of 
copyrighted works. In conducting such rulemaking, the Librarian 
shall examine--
 (i) the availability for use of copyrighted works;
 (ii) the availability for use of works for nonprofit 
 archival, preservation, and educational purposes;
 (iii) the impact that the prohibition on the 
 circumvention of technological measures applied to 
 copyrighted works has on criticism, comment, news 
 reporting, teaching, scholarship, or research;
 (iv) the effect of circumvention of technological 
 measures on the market for or value of copyrighted 
 works; and
 (v) such other factors as the Librarian considers 
 appropriate.
 (D) The Librarian shall publish any class of copyrighted 
works for which the Librarian has determined, pursuant to the 
rulemaking conducted under subparagraph (C), that noninfringing 
uses by persons who are users of a copyrighted work are, or are 
likely to be, adversely affected, and the prohibition contained 
in subparagraph (A) shall not apply to such users with respect 
to such class of works for the ensuing 3-year period.
 (E) Neither the exception under subparagraph (B) from the 
applicability of the prohibition contained in subparagraph (A), 
nor any determination made in a rulemaking conducted under 
subparagraph (C), may be used as a defense in any action to 
enforce any provision of this title other than this paragraph.
 (2) No person shall manufacture, import, offer to the public, 
provide, or otherwise traffic in any technology, product, 
service, device, component, or part thereof, that--
 (A) is primarily designed or produced for the purpose 
 of circumventing a technological measure that 
 effectively controls access to a work protected under 
 this title;
 (B) has only limited commercially significant purpose 
 or use other than to circumvent a technological measure 
 that effectively controls access to a work protected 
 under this title; or
 (C) is marketed by that person or another acting in 
 concert with that person with that person's knowledge 
 for use in circumventing a technological measure that 
 effectively controls access to a work protected under 
 this title.
 (3) As used in this subsection--
 (A) to ``circumvent a technological measure'' means 
 to descramble a scrambled work, to decrypt an encrypted 
 work, or otherwise to avoid, bypass, remove, 
 deactivate, or impair a technological measure, without 
 the authority of the copyright owner; and
 (B) a technological measure ``effectively controls 
 access to a work'' if the measure, in the ordinary 
 course of its operation, requires the application of 
 information, or a process or a treatment, with the 
 authority of the copyright owner, to gain access to the 
 work.
 (b) Additional Violations.--(1) No person shall manufacture, 
import, offer to the public, provide, or otherwise traffic in 
any technology, product, service, device, component, or part 
thereof, that--
 (A) is primarily designed or produced for the purpose 
 of circumventing protection afforded by a technological 
 measure that effectively protects a right of a 
 copyright owner under this title in a work or a portion 
 thereof;
 (B) has only limited commercially significant purpose 
 or use other than to circumvent protection afforded by 
 a technological measure that effectively protects a 
 right of a copyright owner under this title in a work 
 or a portion thereof; or
 (C) is marketed by that person or another acting in 
 concert with that person with that person's knowledge 
 for use in circumventing protection afforded by a 
 technological measure that effectively protects a right 
 of a copyright owner under this title in a work or a 
 portion thereof.
 (2) As used in this subsection--
 (A) to ``circumvent protection afforded by a 
 technological measure'' means avoiding, bypassing, 
 removing, deactivating, or otherwise impairing a 
 technological measure; and
 (B) a technological measure ``effectively protects a 
 right of a copyright owner under this title'' if the 
 measure, in the ordinary course of its operation, 
 prevents, restricts, or otherwise limits the exercise 
 of a right of a copyright owner under this title.
 (c) Other Rights, Etc., Not Affected.--(1) Nothing in this 
section shall affect rights, remedies, limitations, or defenses 
to copyright infringement, including fair use, under this 
title.
 (2) Nothing in this section shall enlarge or diminish 
vicarious or contributory liability for copyright infringement 
in connection with any technology, product, service, device, 
component, or part thereof.
 (3) Nothing in this section shall require that the design of, 
or design and selection of parts and components for, a consumer 
electronics, telecommunications, or computing product provide 
for a response to any particular technological measure, so long 
as such part or component, or the product in which such part or 
component is integrated, does not otherwise fall within the 
prohibitions of subsection (a)(2) or (b)(1).
 (4) Nothing in this section shall enlarge or diminish any 
rights of free speech or the press for activities using 
consumer electronics, telecommunications, or computing 
products.
 (d) Exemption for Nonprofit Libraries, Archives, and 
Educational Institutions.--(1) A nonprofit library, archives, 
or educational institution which gains access to a commercially 
exploited copyrighted work solely in order to make a good faith 
determination of whether to acquire a copy of that work for the 
sole purpose of engaging in conduct permitted under this title 
shall not be in violation of subsection (a)(1)(A). A copy of a 
work to which access has been gained under this paragraph--
 (A) may not be retained longer than necessary to make 
 such good faith determination; and
 (B) may not be used for any other purpose.
 (2) The exemption made available under paragraph (1) shall 
only apply with respect to a work when an identical copy of 
that work is not reasonably available in another form.
 (3) A nonprofit library, archives, or educational institution 
that willfully for the purpose of commercial advantage or 
financial gain violates paragraph (1)--
 (A) shall, for the first offense, be subject to the 
 civil remedies under section 1203; and
 (B) shall, for repeated or subsequent offenses, in 
 addition to the civil remedies under section 1203, 
 forfeit the exemption provided under paragraph (1).
 (4) This subsection may not be used as a defense to a claim 
under subsection (a)(2) or (b), nor may this subsection permit 
a nonprofit library, archives, or educational institution to 
manufacture, import, offer to the public, provide, or otherwise 
traffic in any technology, product, service, component, or part 
thereof, which circumvents a technological measure.
 (5) In order for a library or archives to qualify for the 
exemption under this subsection, the collections of that 
library or archives shall be--
 (A) open to the public; or
 (B) available not only to researchers affiliated with 
 the library or archives or with the institution of 
 which it is a part, but also to other persons doing 
 research in a specialized field.
 (e) Law Enforcement, Intelligence, and Other Government 
Activities.--This section does not prohibit any lawfully 
authorized investigative, protective, information security, or 
intelligence activity of an officer, agent, or employee of the 
United States, a State, or a political subdivision of a State, 
or a person acting pursuant to a contract with the United 
States, a State, or a political subdivision of a State. For 
purposes of this subsection, the term ``information security'' 
means activities carried out in order to identify and address 
the vulnerabilities of a government computer, computer system, 
or computer network.
 (f) Reverse Engineering.--(1) Notwithstanding the provisions 
of subsection (a)(1)(A), a person who has lawfully obtained the 
right to use a copy of a computer program may circumvent a 
technological measure that effectively controls access to a 
particular portion of that program for the sole purpose of 
identifying and analyzing those elements of the program that 
are necessary to achieve interoperability of an independently 
created computer program with other programs, and that have not 
previously been readily available to the person engaging in the 
circumvention, to the extent any such acts of identification 
and analysis do not constitute infringement under this title.
 (2) Notwithstanding the provisions of subsections (a)(2) and 
(b), a person may develop and employ technological means to 
circumvent a technological measure, or to circumvent protection 
afforded by a technological measure, in order to enable the 
identification and analysis under paragraph (1), or for the 
purpose of enabling interoperability of an independently 
created computer program with other programs, if such means are 
necessary to achieve such interoperability, to the extent that 
doing so does not constitute infringement under this title.
 (3) The information acquired through the acts permitted under 
paragraph (1), and the means permitted under paragraph (2), may 
be made available to others if the person referred to in 
paragraph (1) or (2), as the case may be, provides such 
information or means solely for the purpose of enabling 
interoperability of an independently created computer program 
with other programs, and to the extent that doing so does not 
constitute infringement under this title or violate applicable 
law other than this section.
 (4) For purposes of this subsection, the term 
``interoperability'' means the ability of computer programs to 
exchange information, and of such programs mutually to use the 
information which has been exchanged.
 (g) Encryption Research.--
 (1) Definitions.--For purposes of this subsection--
 (A) the term ``encryption research'' means 
 activities necessary to identify and analyze 
 flaws and vulnerabilities of encryption 
 technologies applied to copyrighted works, if 
 these activities are conducted to advance the 
 state of knowledge in the field of encryption 
 technology or to assist in the development of 
 encryption products; and
 (B) the term ``encryption technology'' means 
 the scrambling and descrambling of information 
 using mathematical formulas or algorithms.
 (2) Permissible acts of encryption research.--
 Notwithstanding the provisions of subsection (a)(1)(A), 
 it is not a violation of that subsection for a person 
 to circumvent a technological measure as applied to a 
 copy, phonorecord, performance, or display of a 
 published work in the course of an act of good faith 
 encryption research if--
 (A) the person lawfully obtained the 
 encrypted copy, phonorecord, performance, or 
 display of the published work;
 (B) such act is necessary to conduct such 
 encryption research;
 (C) the person made a good faith effort to 
 obtain authorization before the circumvention; 
 and
 (D) such act does not constitute infringement 
 under this title or a violation of applicable 
 law other than this section, including section 
 1030 of title 18 and those provisions of title 
 18 amended by the Computer Fraud and Abuse Act 
 of 1986.
 (3) Factors in determining exemption.--In determining 
 whether a person qualifies for the exemption under 
 paragraph (2), the factors to be considered shall 
 include--
 (A) whether the information derived from the 
 encryption research was disseminated, and if 
 so, whether it was disseminated in a manner 
 reasonably calculated to advance the state of 
 knowledge or development of encryption 
 technology, versus whether it was disseminated 
 in a manner that facilitates infringement under 
 this title or a violation of applicable law 
 other than this section, including a violation 
 of privacy or breach of security;
 (B) whether the person is engaged in a 
 legitimate course of study, is employed, or is 
 appropriately trained or experienced, in the 
 field of encryption technology; and
 (C) whether the person provides the copyright 
 owner of the work to which the technological 
 measure is applied with notice of the findings 
 and documentation of the research, and the time 
 when such notice is provided.
 (4) Use of technological means for research 
 activities.--Notwithstanding the provisions of 
 subsection (a)(2), it is not a violation of that 
 subsection for a person to--
 (A) develop and employ technological means to 
 circumvent a technological measure for the sole 
 purpose of that person performing the acts of 
 good faith encryption research described in 
 paragraph (2); and
 (B) provide the technological means to 
 another person with whom he or she is working 
 collaboratively for the purpose of conducting 
 the acts of good faith encryption research 
 described in paragraph (2) or for the purpose 
 of having that other person verify his or her 
 acts of good faith encryption research 
 described in paragraph (2).
 (5) Report to congress.--Not later than 1 year after 
 the date of the enactment of this chapter, the Register 
 of Copyrights and the Assistant Secretary for 
 Communications and Information of the Department of 
 Commerce shall jointly report to the Congress on the 
 effect this subsection has had on--
 (A) encryption research and the development 
 of encryption technology;
 (B) the adequacy and effectiveness of 
 technological measures designed to protect 
 copyrighted works; and
 (C) protection of copyright owners against 
 the unauthorized access to their encrypted 
 copyrighted works.
 The report shall include legislative recommendations, 
 if any.
 (h) Exceptions Regarding Minors.--In applying subsection (a) 
to a component or part, the court may consider the necessity 
for its intended and actual incorporation in a technology, 
product, service, or device, which--
 (1) does not itself violate the provisions of this 
 title; and
 (2) has the sole purpose to prevent the access of 
 minors to material on the Internet.
 (i) Protection of Personally Identifying Information.--
 (1) Circumvention permitted.--Notwithstanding the 
 provisions of subsection (a)(1)(A), it is not a 
 violation of that subsection for a person to circumvent 
 a technological measure that effectively controls 
 access to a work protected under this title, if--
 (A) the technological measure, or the work it 
 protects, contains the capability of collecting 
 or disseminating personally identifying 
 information reflecting the online activities of 
 a natural person who seeks to gain access to 
 the work protected;
 (B) in the normal course of its operation, 
 the technological measure, or the work it 
 protects, collects or disseminates personally 
 identifying information about the person who 
 seeks to gain access to the work protected, 
 without providing conspicuous notice of such 
 collection or dissemination to such person, and 
 without providing such person with the 
 capability to prevent or restrict such 
 collection or dissemination;
 (C) the act of circumvention has the sole 
 effect of identifying and disabling the 
 capability described in subparagraph (A), and 
 has no other effect on the ability of any 
 person to gain access to any work; and
 (D) the act of circumvention is carried out 
 solely for the purpose of preventing the 
 collection or dissemination of personally 
 identifying information about a natural person 
 who seeks to gain access to the work protected, 
 and is not in violation of any other law.
 (2) Inapplicability to certain technological 
 measures.--This subsection does not apply to a 
 technological measure, or a work it protects, that does 
 not collect or disseminate personally identifying 
 information and that is disclosed to a user as not 
 having or using such capability.
 (j) Security Testing.--
 (1) Definition.--For purposes of this subsection, the 
 term ``security testing'' means accessing a computer, 
 computer system, or computer network, solely for the 
 purpose of good faith testing, investigating, or 
 correcting, a security flaw or vulnerability, with the 
 authorization of the owner or operator of such 
 computer, computer system, or computer network.
 (2) Permissible acts of security testing.--
 Notwithstanding the provisions of subsection (a)(1)(A), 
 it is not a violation of that subsection for a person 
 to engage in an act of security testing, if such act 
 does not constitute infringement under this title or a 
 violation of applicable law other than this section, 
 including section 1030 of title 18 and those provisions 
 of title 18 amended by the Computer Fraud and Abuse Act 
 of 1986.
 (3) Factors in determining exemption.--In determining 
 whether a person qualifies for the exemption under 
 paragraph (2), the factors to be considered shall 
 include--
 (A) whether the information derived from the 
 security testing was used solely to promote the 
 security of the owner or operator of such 
 computer, computer system or computer network, 
 or shared directly with the developer of such 
 computer, computer system, or computer network; 
 and
 (B) whether the information derived from the 
 security testing was used or maintained in a 
 manner that does not facilitate infringement 
 under this title or a violation of applicable 
 law other than this section, including a 
 violation of privacy or breach of security.
 (4) Use of technological means for security 
 testing.--Notwithstanding the provisions of subsection 
 (a)(2), it is not a violation of that subsection for a 
 person to develop, produce, distribute or employ 
 technological means for the sole purpose of performing 
 the acts of security testing described in subsection 
 (2), provided such technological means does not 
 otherwise violate section (a)(2).
 (k) Certain Analog Devices and Certain Technological 
Measures.--
 (1) Certain analog devices.--
 (A) Effective 18 months after the date of the 
 enactment of this chapter, no person shall 
 manufacture, import, offer to the public, 
 provide or otherwise traffic in any--
 (i) VHS format analog video cassette 
 recorder unless such recorder conforms 
 to the automatic gain control copy 
 control technology;
 (ii) 8mm format analog video cassette 
 camcorder unless such camcorder 
 conforms to the automatic gain control 
 technology;
 (iii) Beta format analog video 
 cassette recorder, unless such recorder 
 conforms to the automatic gain control 
 copy control technology, except that 
 this requirement shall not apply until 
 there are 1,000 Beta format analog 
 video cassette recorders sold in the 
 United States in any one calendar year 
 after the date of the enactment of this 
 chapter;
 (iv) 8mm format analog video cassette 
 recorder that is not an analog video 
 cassette camcorder, unless such 
 recorder conforms to the automatic gain 
 control copy control technology, except 
 that this requirement shall not apply 
 until there are 20,000 such recorders 
 sold in the United States in any one 
 calendar year after the date of the 
 enactment of this chapter; or
 (v) analog video cassette recorder 
 that records using an NTSC format video 
 input and that is not otherwise covered 
 under clauses (i) through (iv), unless 
 such device conforms to the automatic 
 gain control copy control technology.
 (B) Effective on the date of the enactment of 
 this chapter, no person shall manufacture, 
 import, offer to the public, provide or 
 otherwise traffic in--
 (i) any VHS format analog video 
 cassette recorder or any 8mm format 
 analog video cassette recorder if the 
 design of the model of such recorder 
 has been modified after such date of 
 enactment so that a model of recorder 
 that previously conformed to the 
 automatic gain control copy control 
 technology no longer conforms to such 
 technology; or
 (ii) any VHS format analog video 
 cassette recorder, or any 8mm format 
 analog video cassette recorder that is 
 not an 8mm analog video cassette 
 camcorder, if the design of the model 
 of such recorder has been modified 
 after such date of enactment so that a 
 model of recorder that previously 
 conformed to the four-line colorstripe 
 copy control technology no longer 
 conforms to such technology.
 Manufacturers that have not previously 
 manufactured or sold a VHS format analog video 
 cassette recorder, or an 8mm format analog 
 cassette recorder, shall be required to conform 
 to the four-line colorstripe copy control 
 technology in the initial model of any such 
 recorder manufactured after the date of the 
 enactment of this chapter, and thereafter to 
 continue conforming to the four-line 
 colorstripe copy control technology. For 
 purposes of this subparagraph, an analog video 
 cassette recorder ``conforms to'' the four-line 
 colorstripe copy control technology if it 
 records a signal that, when played back by the 
 playback function of that recorder in the 
 normal viewing mode, exhibits, on a reference 
 display device, a display containing 
 distracting visible lines through portions of 
 the viewable picture.
 (2) Certain encoding restrictions.--No person shall 
 apply the automatic gain control copy control 
 technology or colorstripe copy control technology to 
 prevent or limit consumer copying except such copying--
 (A) of a single transmission, or specified 
 group of transmissions, of live events or of 
 audiovisual works for which a member of the 
 public has exercised choice in selecting the 
 transmissions, including the content of the 
 transmissions or the time of receipt of such 
 transmissions, or both, and as to which such 
 member is charged a separate fee for each such 
 transmission or specified group of 
 transmissions;
 (B) from a copy of a transmission of a live 
 event or an audiovisual work if such 
 transmission is provided by a channel or 
 service where payment is made by a member of 
 the public for such channel or service in the 
 form of a subscription fee that entitles the 
 member of the public to receive all of the 
 programming contained in such channel or 
 service;
 (C) from a physical medium containing one or 
 more prerecorded audiovisual works; or
 (D) from a copy of a transmission described 
 in subparagraph (A) or from a copy made from a 
 physical medium described in subparagraph (C).
 In the event that a transmission meets both the 
 conditions set forth in subparagraph (A) and those set 
 forth in subparagraph (B), the transmission shall be 
 treated as a transmission described in subparagraph 
 (A).
 (3) Inapplicability.--This subsection shall not--
 (A) require any analog video cassette 
 camcorder to conform to the automatic gain 
 control copy control technology with respect to 
 any video signal received through a camera 
 lens;
 (B) apply to the manufacture, importation, 
 offer for sale, provision of, or other 
 trafficking in, any professional analog video 
 cassette recorder; or
 (C) apply to the offer for sale or provision 
 of, or other trafficking in, any previously 
 owned analog video cassette recorder, if such 
 recorder was legally manufactured and sold when 
 new and not subsequently modified in violation 
 of paragraph (1)(B).
 (4) Definitions.--For purposes of this subsection:
 (A) An ``analog video cassette recorder'' 
 means a device that records, or a device that 
 includes a function that records, on 
 electromagnetic tape in an analog format the 
 electronic impulses produced by the video and 
 audio portions of a television program, motion 
 picture, or other form of audiovisual work.
 (B) An ``analog video cassette camcorder'' 
 means an analog video cassette recorder that 
 contains a recording function that operates 
 through a camera lens and through a video input 
 that may be connected with a television or 
 other video playback device.
 (C) An analog video cassette recorder 
 ``conforms'' to the automatic gain control copy 
 control technology if it--
 (i) detects one or more of the 
 elements of such technology and does 
 not record the motion picture or 
 transmission protected by such 
 technology; or
 (ii) records a signal that, when 
 played back, exhibits a meaningfully 
 distorted or degraded display.
 (D) The term ``professional analog video 
 cassette recorder'' means an analog video 
 cassette recorder that is designed, 
 manufactured, marketed, and intended for use by 
 a person who regularly employs such a device 
 for a lawful business or industrial use, 
 including making, performing, displaying, 
 distributing, or transmitting copies of motion 
 pictures on a commercial scale.
 (E) The terms ``VHS format'', ``8mm format'', 
 ``Beta format'', ``automatic gain control copy 
 control technology'', ``colorstripe copy 
 control technology'', ``four-line version of 
 the colorstripe copy control technology'', and 
 ``NTSC'' have the meanings that are commonly 
 understood in the consumer electronics and 
 motion picture industries as of the date of the 
 enactment of this chapter.
 (5) Violations.--Any violation of paragraph (1) of 
 this subsection shall be treated as a violation of 
 subsection (b)(1) of this section. Any violation of 
 paragraph (2) of this subsection shall be deemed an 
 ``act of circumvention'' for the purposes of section 
 1203(c)(3)(A) of this chapter.

 * * * * * * *

 ---------- 

 UNLOCKING CONSUMER CHOICE AND WIRELESS COMPETITION ACT

 * * * * * * *
SEC. 2. REPEAL OF EXISTING RULE AND ADDITIONAL RULEMAKING BY LIBRARIAN 
 OF CONGRESS.

 (a) Repeal and Replace.--As of the date of the enactment of 
this Act, paragraph (3) of section 201.40(b) of title 37, Code 
of Federal Regulations, as amended and revised by the Librarian 
of Congress on October 28, 2012, pursuant to the Librarian's 
authority under section 1201(a) of title 17, United States 
Code, shall have no force and effect, and such paragraph shall 
read, and shall be in effect, as such paragraph was in effect 
on July 27, 2010.
 (b) Rulemaking.--The Librarian of Congress, upon the 
recommendation of the Register of Copyrights, who shall consult 
with the [Assistant Secretary for Communications and 
Information of the Department of Commerce] Under Secretary of 
Commerce for Communications and Information and report and 
comment on his or her views in making such recommendation, 
shall determine, consistent with the requirements set forth 
under section 1201(a)(1) of title 17, United States Code, 
whether to extend the exemption for the class of works 
described in section 201.40(b)(3) of title 37, Code of Federal 
Regulations, as amended by subsection (a), to include any other 
category of wireless devices in addition to wireless telephone 
handsets. The determination shall be made in the first 
rulemaking under section 1201(a)(1)(C) of title 17, United 
States Code, that begins on or after the date of enactment of 
this Act.
 (c) Unlocking at Direction of Owner.--Circumvention of a 
technological measure that restricts wireless telephone 
handsets or other wireless devices from connecting to a 
wireless telecommunications network--
 (1)(A) as authorized by paragraph (3) of section 
 201.40(b) of title 37, Code of Federal Regulations, as 
 made effective by subsection (a); and
 (B) as may be extended to other wireless devices 
 pursuant to a determination in the rulemaking conducted 
 under subsection (b); or
 (2) as authorized by an exemption adopted by the 
 Librarian of Congress pursuant to a determination made 
 on or after the date of enactment of this Act under 
 section 1201(a)(1)(C) of title 17, United States Code,
may be initiated by the owner of any such handset or other 
device, by another person at the direction of the owner, or by 
a provider of a commercial mobile radio service or a commercial 
mobile data service at the direction of such owner or other 
person, solely in order to enable such owner or a family member 
of such owner to connect to a wireless telecommunications 
network, when such connection is authorized by the operator of 
such network.
 (d) Rule of Construction.--
 (1) In general.--Except as expressly provided herein, 
 nothing in this Act shall be construed to alter the 
 scope of any party's rights under existing law.
 (2) Librarian of congress.--Nothing in this Act 
 alters, or shall be construed to alter, the authority 
 of the Librarian of Congress under section 1201(a)(1) 
 of title 17, United States Code.
 (e) Definitions.--In this Act:
 (1) Commercial mobile data service; commercial mobile 
 radio service.--The terms ``commercial mobile data 
 service'' and ``commercial mobile radio service'' have 
 the respective meanings given those terms in section 
 20.3 of title 47, Code of Federal Regulations, as in 
 effect on the date of the enactment of this Act.
 (2) Wireless telecommunications network.--The term 
 ``wireless telecommunications network'' means a network 
 used to provide a commercial mobile radio service or a 
 commercial mobile data service.
 (3) Wireless telephone handsets; wireless devices.--
 The terms ``wireless telephone handset'' and ``wireless 
 device'' mean a handset or other device that operates 
 on a wireless telecommunications network.
 ---------- 

 COMMUNICATIONS SATELLITE ACT OF 1962

 * * * * * * *
TITLE VI--COMMUNICATIONS COMPETITION AND PRIVATIZATION

 * * * * * * *

 Subtitle B--Federal Communications Commission Licensing Criteria: 
Privatization Criteria

 * * * * * * *

SEC. 625. ENCOURAGING MARKET ACCESS AND PRIVATIZATION.

 (a) NTIA Determination.--
 (1) Determination required.--Within 180 days after 
 the date of enactment of this section, the Secretary of 
 Commerce shall, through the [Assistant Secretary] Under 
 Secretary of Commerce for Communications and 
 Information, transmit to the Commission--
 (A) a list of Member countries of INTELSAT 
 and Inmarsat that are not Members of the World 
 Trade Organization and that impose barriers to 
 market access for private satellite systems; 
 and
 (B) a list of Member countries of INTELSAT 
 and Inmarsat that are not Members of the World 
 Trade Organization and that are not supporting 
 pro-competitive privatization of INTELSAT and 
 Inmarsat.
 (2) Consultation.--The Secretary's determinations 
 under paragraph (1) shall be made in consultation with 
 the Federal Communications Commission, the Secretary of 
 State, and the United States Trade Representative, and 
 shall take into account the totality of a country's 
 actions in all relevant fora, including the Assemblies 
 of Parties of INTELSAT and Inmarsat.
 (b) Imposition of Cost-Based Settlement Rate.--
Notwithstanding--
 (1) any higher settlement rate that an overseas 
 carrier charges any United States carrier to originate 
 or terminate international message telephone services; 
 and
 (2) any transition period that would otherwise apply,
the Commission may by rule prohibit Unit