SUBCHAPTER I—ORGANIZATION AND FUNCTIONS
§901. Definitions; findings; policy
(a) Definitions
In this chapter, the following definitions apply:
(1) The term "NTIA" means the National Telecommunications and Information Administration.
(2) The term "Assistant Secretary" means the Assistant 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 (
(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.
(
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original, "this title", meaning title I of
The Communications Satellite Act of 1962, referred to in subsec. (a)(5), is
Executive Order 12046, referred to in subsec. (b)(6), is set out as a note under
Statutory Notes and Related Subsidiaries
Short Title of 2015 Amendment
Short Title of 2007 Amendment
Short Title of 2004 Amendment
Short Title of 2002 Amendment
Short Title
Internet of Things
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(2)
"(A) identify any Federal regulations, statutes, grant practices, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development or deployment of the Internet of Things;
"(B) consider policies or programs that encourage and improve coordination among Federal agencies that have responsibilities that are relevant to the objectives of this section;
"(C) consider any findings or recommendations made by the steering committee and, where appropriate, act to implement those recommendations;
"(D) examine—
"(i) how Federal agencies can benefit from utilizing the Internet of Things;
"(ii) the use of Internet of Things technology by Federal agencies as of the date on which the working group performs the examination;
"(iii) the preparedness and ability of Federal agencies to adopt Internet of Things technology as of the date on which the working group performs the examination and in the future; and
"(iv) any additional security measures that Federal agencies may need to take to—
"(I) safely and securely use the Internet of Things, including measures that ensure the security of critical infrastructure; and
"(II) enhance the resiliency of Federal systems against cyber threats to the Internet of Things; and
"(E) in carrying out the examinations required under subclauses (I) and (II) of subparagraph (D)(iv), ensure to the maximum extent possible the coordination of the current and future activities of the Federal Government relating to security with respect to the Internet of Things.
"(3)
"(A) the Department of Commerce, including—
"(i) the National Telecommunications and Information Administration;
"(ii) the National Institute of Standards and Technology; and
"(iii) the National Oceanic and Atmospheric Administration;
"(B) the Department of Transportation;
"(C) the Department of Homeland Security;
"(D) the Office of Management and Budget;
"(E) the National Science Foundation;
"(F) the Commission;
"(G) the Federal Trade Commission;
"(H) the Office of Science and Technology Policy;
"(I) the Department of Energy; and
"(J) the Federal Energy Regulatory Commission.
"(4)
"(A) the steering committee;
"(B) information and communications technology manufacturers, suppliers, service providers, and vendors;
"(C) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the transportation, energy, agriculture, and health care sectors;
"(D) small, medium, and large businesses;
"(E) think tanks and academia;
"(F) nonprofit organizations and consumer groups;
"(G) security experts;
"(H) rural stakeholders; and
"(I) other stakeholders with relevant expertise, as determined by the Secretary.
"(5)
"(A)
"(B)
"(i) the identification of any Federal regulations, statutes, grant practices, programs, budgetary or jurisdictional challenges, and other sector-specific policies that are inhibiting, or could inhibit, the development of the Internet of Things;
"(ii) situations in which the use of the Internet of Things is likely to deliver significant and scalable economic and societal benefits to the United States, including benefits from or to—
"(I) smart traffic and transit technologies;
"(II) augmented logistics and supply chains;
"(III) sustainable infrastructure;
"(IV) precision agriculture;
"(V) environmental monitoring;
"(VI) public safety; and
"(VII) health care;
"(iii) whether adequate spectrum is available to support the growing Internet of Things and what legal or regulatory barriers may exist to providing any spectrum needed in the future;
"(iv) policies, programs, or multi-stakeholder activities that—
"(I) promote or are related to the privacy of individuals who use or are affected by the Internet of Things;
"(II) may enhance the security of the Internet of Things, including the security of critical infrastructure;
"(III) may protect users of the Internet of Things; and
"(IV) may encourage coordination among Federal agencies with jurisdiction over the Internet of Things;
"(v) the opportunities and challenges associated with the use of Internet of Things technology by small businesses; and
"(vi) any international proceeding, international negotiation, or other international matter affecting the Internet of Things to which the United States is or should be a party.
"(C)
"(i) information and communications technology manufacturers, suppliers, service providers, and vendors;
"(ii) subject matter experts representing industrial sectors other than the technology sector that can benefit from the Internet of Things, including the transportation, energy, agriculture, and health care sectors;
"(iii) small, medium, and large businesses;
"(iv) think tanks and academia;
"(v) nonprofit organizations and consumer groups;
"(vi) security experts;
"(vii) rural stakeholders; and
"(viii) other stakeholders with relevant expertise, as determined by the Secretary.
"(D)
"(E)
"(i)
"(ii)
"(iii)
"(F)
"(G)
"(6)
"(A)
"(i) the findings and recommendations of the working group with respect to the duties of the working group under paragraph (2);
"(ii) the report submitted by the steering committee under paragraph (5)(D), as the report was received by the working group;
"(iii) recommendations for action or reasons for inaction, as applicable, with respect to each recommendation made by the steering committee in the report submitted under paragraph (5)(D); and
"(iv) an accounting of any progress made by Federal agencies to implement recommendations made by the working group or the steering committee.
"(B)
"(i) the Committee on Commerce, Science, and Transportation and the Committee on Energy and Natural Resources of the Senate;
"(ii) the Committee on Energy and Commerce of the House of Representatives; and
"(iii) any other committee of Congress, upon request to the working group.
"(c)
"(1)
"(2)
"(A) whether adequate spectrum is available, or is planned for allocation, for commercial wireless services that could support the growing Internet of Things;
"(B) if adequate spectrum is not available for the purposes described in subparagraph (A), how to ensure that adequate spectrum is available for increased demand with respect to the Internet of Things;
"(C) what regulatory barriers may exist to providing any needed spectrum that would support uses relating to the Internet of Things; and
"(D) what the role of unlicensed and licensed spectrum is and will be in the growth of the Internet of Things.
"(3)
National Strategy To Secure 5G and Next Generation Wireless Communications
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Secure 5G and Beyond Act of 2020'.
"SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.
"In this Act, the term 'appropriate committees of Congress' means—
"(1) the Select Committee on Intelligence, the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; and
"(2) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Homeland Security of the House of Representatives.
"SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION WIRELESS COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE.
"(a)
"(1) to ensure the security of 5th and future generations wireless communications systems and infrastructure within the United States;
"(2) to provide technical assistance to mutual defense treaty allies of the United States, strategic partners of the United States, and other countries, when in the security and strategic interests of the United States, to maximize the security of 5th and future generations wireless communications systems and infrastructure inside their countries; and
"(3) to protect the competitiveness of United States companies, privacy of United States consumers, and integrity and impartiality of standards-setting bodies and processes related to 5th and future generations wireless communications systems and infrastructure.
"(b)
"(c)
"(1) A description of efforts to facilitate domestic 5th and future generations wireless communications rollout.
"(2) A description of efforts to assess the risks to and identify core security principles of 5th and future generations wireless communications infrastructure.
"(3) A description of efforts to address risks to the national security of the United States during development and deployment of 5th and future generations wireless communications infrastructure worldwide.
"(4) A description of efforts to promote responsible global development and deployment of 5th and future generations wireless communications, including through robust international engagement, leadership in the development of international standards, and incentivizing market competitiveness of secure 5th and future generation wireless communications infrastructure options.
"(d)
"SEC. 4. STRATEGY IMPLEMENTATION PLAN.
"Not later than 180 days after the date of enactment of this Act [Mar. 23, 2020], the President shall develop and submit to the appropriate committees of Congress an implementation plan for the Strategy (referred to in this Act as the 'Implementation Plan'), which shall include, at a minimum, the following:
"(1) A description of United States national and economic security interests pertaining to the deployment of 5th and future generations wireless communications systems and infrastructure.
"(2) An identification and assessment of potential security threats and vulnerabilities to the infrastructure, equipment, systems, software, and virtualized networks that support 5th and future generations wireless communications systems, infrastructure, and enabling technologies, which shall, as practicable, include a comprehensive evaluation of the full range of threats to, and unique security challenges posed by, 5th and future generations wireless communications systems and infrastructure, as well as steps that public and private sector entities can take to mitigate those threats.
"(3) An identification and assessment of the global competitiveness and vulnerabilities of United States manufacturers and suppliers of 5th and future generations wireless communications equipment.
"(4) An evaluation of available domestic suppliers of 5th and future generations wireless communications equipment and other suppliers in countries that are mutual defense allies or strategic partners of the United States and a strategy to assess their ability to produce and supply 5th generation and future generations wireless communications systems and infrastructure.
"(5) Identification of where security gaps exist in the United States domestic or mutual defense treaty allies and strategic partners communications equipment supply chain for 5th and future generations wireless communications systems and infrastructure.
"(6) Identification of incentives and policy options to help close or narrow any security gaps identified under paragraph (5) in, and ensure the economic viability of, the United States domestic industrial base, including research and development in critical technologies and workforce development in 5th and future generations wireless communications systems and infrastructure.
"(7) Identification of incentives and policy options for leveraging the communications equipment suppliers from mutual defense treaty allies, strategic partners, and other countries to ensure that private industry in the United States has adequate sources for secure, effective, and reliable 5th and future generations wireless communications systems and infrastructure equipment.
"(8) A plan for diplomatic engagement with mutual defense treaty allies, strategic partners, and other countries to share security risk information and findings pertaining to 5th and future generations wireless communications systems and infrastructure equipment and cooperation on mitigating those risks.
"(9) A plan for engagement with private sector communications infrastructure and systems equipment developers and critical infrastructure owners and operators who have a critical dependency on communications infrastructure to share information and findings on 5th and future generations wireless communications systems and infrastructure equipment standards to secure platforms.
"(10) A plan for engagement with private sector communications infrastructure and systems equipment developers to encourage the maximum participation possible on standards-setting bodies related to such systems and infrastructure equipment standards by public and private sector entities from the United States.
"(11) A plan for diplomatic engagement with mutual defense treaty allies, strategic partners, and other countries to share information and findings on 5th and future generations wireless communications systems and infrastructure equipment standards to promote maximum interoperability, competitiveness, openness, and secure platforms.
"(12) A plan for diplomatic engagement with mutual defense treaty allies, strategic partners, and other countries to share information and findings on 5th and future generations wireless communications infrastructure and systems equipment concerning the standards-setting bodies related to such systems and infrastructure equipment to promote maximum transparency, openness, impartiality, integrity, and neutrality.
"(13) A plan for joint testing environments with mutual defense treaty allies, strategic partners, and other countries to ensure a trusted marketplace for 5th and future generations wireless communications systems and infrastructure equipment.
"(14) A plan for research and development by the Federal Government, in close partnership with trusted supplier entities, mutual defense treaty allies, strategic partners, and other countries to reach and maintain United States leadership in 5th and future generations wireless communications systems and infrastructure security, including the development of an ongoing capability to identify security vulnerabilities in 5th and future generations wireless communications systems.
"(15) Options for identifying and helping to mitigate the security risks of 5th and future generations wireless communications systems and infrastructure that have security flaws or vulnerabilities, or are utilizing equipment sourced from countries of concern, and that have already been put in place within the systems and infrastructure of mutual defense treaty allies, strategic partners, and other countries, when in the security interests of the United States.
"(16) A description of the roles and responsibilities of the appropriate executive branch agencies and interagency mechanisms to coordinate implementation of the Strategy, as provided in section 5(d).
"(17) An identification of the key diplomatic, development, intelligence, military, and economic resources necessary to implement the Strategy, including specific budgetary requests.
"(18) As necessary, a description of such legislative or administrative action needed to carry out the Strategy.
"SEC. 5. LIMITATIONS AND BRIEFINGS.
"(a)
"(1)
"(2)
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(A) implement the Strategy;
"(B) keep congressional committees apprised of progress on implementation; and
"(C) not implement any proposal or recommendation involving non-Federal spectrum administered by the Federal Communications Commission unless the implementation of such proposal or recommendation is first approved by the Commission.
"(2)
"(e)
Executive Documents
Ex. Ord. No. 12382. President's National Security Telecommunications Advisory Committee
Ex. Ord. No. 12382, Sept. 13, 1982, 47 F.R. 40531, as amended by Ex. Ord. No. 13286, Feb. 28, 2003, 68 F.R. 10628; Ex. Ord. No. 13618, §7(c), July 6, 2012, 77 F.R. 40783; Ex. Ord. No. 14048, §5, Sept. 30, 2021, 86 F.R. 55466, provided:
By the authority vested in me as President by the Constitution of the United States of America, and in order to establish, in accordance with the provisions of the Federal Advisory Committee Act, as amended ([former] 5 U.S.C. App.) [see
(b) The President shall designate a Chair and Vice Chair from among the members of the Committee, each for a term of up to 2 years.
(c) To assist the Committee in carrying out its functions, the Committee may establish appropriate subcommittees or working groups composed, in whole or in part, of individuals who are not members of the Committee.
(b) The Committee shall provide information and advice to the President, through the Secretary of Homeland Security, regarding the feasibility of implementing specific measures to improve the resiliency and security of the digital and communications infrastructure of the United States.
(c) The Committee shall provide technical information, advice, and recommendations as it relates to NS/EP policy issues concerning cybersecurity, ICT, and telecommunications matters.
(d) The Committee shall periodically report on matters in this section to the President, through the Secretary of Homeland Security.
(b) Members of the Committee shall serve without any compensation for their work on the Committee. However, to the extent permitted by law, they shall be entitled to travel expenses, including per diem in lieu of subsistence.
(c) Any expenses of the Committee shall, to the extent permitted by law, be paid from funds available to the Secretary of Homeland Security.
(b) In accordance with the Federal Advisory Committee Act, as amended, the Committee shall terminate on December 31, 1982, unless sooner extended.
Extension of Term of President's National Security Telecommunications Advisory Committee
Term of President's National Security Telecommunications Advisory Committee extended until Sept. 30, 2025, by Ex. Ord. No. 14109, Sept. 29, 2023, 88 F.R. 68447, set out as a note under
Previous extensions of term of President's National Security Telecommunications Advisory Committee were contained in the following prior Executive Orders:
Ex. Ord. No. 14048, Sept. 30, 2021, 86 F.R. 55465, extended term until Sept. 30, 2023.
Ex. Ord. No. 13889, Sept. 27, 2019, 84 F.R. 52743, extended term until Sept. 30, 2021.
Ex. Ord. No. 13811, Sept. 29, 2017, 82 F.R. 46363, extended term until Sept. 30, 2019.
Ex. Ord. No. 13708, Sept. 30, 2015, 80 F.R. 60271, extended term until Sept. 30, 2017.
Ex. Ord. No. 13652, Sept. 30, 2013, 78 F.R. 61817, extended term until Sept. 30, 2015.
Ex. Ord. No. 13585, Sept. 30, 2011, 76 F.R. 62281, extended term until Sept. 30, 2013.
Ex. Ord. No. 13511, Sept. 29, 2009, 74 F.R. 50909, extended term until Sept. 30, 2011.
Ex. Ord. No. 13446, Sept. 28, 2007, 72 F.R. 56175, extended term until Sept. 30, 2009.
Ex. Ord. No. 13385, Sept. 29, 2005, 70 F.R. 57989, extended term until Sept. 30, 2007.
Ex. Ord. No. 13316, Sept. 17, 2003, 68 F.R. 55255, extended term until Sept. 30, 2005.
Ex. Ord. No. 13225, Sept. 28, 2001, 66 F.R. 50291, extended term until Sept. 30, 2003.
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, extended term until Sept. 30, 2001.
Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, extended term until Sept. 30, 1999.
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, extended term until Sept. 30, 1997.
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, extended term until Sept. 30, 1995.
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, extended term until Sept. 30, 1993.
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, extended term until Sept. 30, 1991.
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, extended term until Sept. 30, 1989.
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, extended term until Sept. 30, 1987.
Ex. Ord. No. 12454, Dec. 29, 1983, 49 F.R. 343, extended term until Sept. 30, 1985.
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, extended term until Dec. 31, 1983.
Developing a Sustainable Spectrum Strategy for America's Future
Memorandum of President of the United States, Oct. 25, 2018, 83 F.R. 54513, which related to spectrum policy, was revoked by Memorandum of President of the United States, §9, Nov. 13, 2023, 88 F.R. 80083, set out in a note below.
Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy
Memorandum of President of the United States, Nov. 13, 2023, 88 F.R. 80079, provided:
Memorandum for the Heads of Executive Departments and Agencies
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to meet the growing requirements of United States radio frequency spectrum users, it is hereby ordered as follows:
This memorandum directs my Administration to build on prior innovation by promoting efficient and effective spectrum use by both agencies and non-Federal users. My Administration's goal is to accelerate United States leadership in wireless communications and other spectrum-based technologies and to unlock innovations that benefit the American people, while ensuring necessary access to spectrum for agencies and private-sector users, such as for scientific, public safety, critical infrastructure, and national security uses, now and into the future.
The policy of my Administration is to ensure that spectrum management, usage, and allocation decisions are coordinated, consistent, and reflect the needs and diverse missions of agencies and non-Federal users. This memorandum reaffirms the policies and authorities stated in Executive Order 12046 of March 27, 1978 (Relating to the Transfer of Telecommunications Functions) [
The Congress has charged NTIA and the Federal Communications Commission (FCC) with jointly managing the Nation's radio spectrum resources. The NTIA and FCC perform their functions consistent with the August 1, 2022, Memorandum of Understanding (MOU) between the two agencies; the Presidential Memorandum of January 27, 2021 (Restoring Trust in Government Through Scientific Integrity and Evidence-Based Policymaking) [
Accordingly, I direct the following actions to modernize the usage of spectrum in the United States:
There is hereby established the Interagency Spectrum Advisory Council (Council) to serve as the principal interagency forum for heads of agencies to advise NTIA on spectrum policy matters and to ensure that all decisions made by NTIA take into consideration the diverse missions of the Federal Government. Within 90 days of the date of this memorandum [Nov. 13, 2023], NTIA shall publish a charter for the Council. The Council shall be led by the Assistant Secretary of Commerce for Communications and Information and shall be composed of Assistant Secretary-level representatives or their designees with spectrum management oversight from agencies holding Federal spectrum assignments or otherwise having spectrum-related statutory authorities within their respective agencies. The Executive Office of the President shall participate in the work of the Council, and NTIA shall request that FCC participate in the work of the Council.
The NTIA's Interdepartment Radio Advisory Committee (IRAC) shall continue to advise NTIA with respect to NTIA's statutory role to develop and execute policies, programs, procedures, and technical criteria pertaining to the allocation, management, and Federal use of the electromagnetic spectrum.
(a) a roadmap to make spectrum resources available to continue United States leadership in advanced wireless technologies and services, which shall provide a "pipeline" of spectrum bands to support commercial innovation and agencies' needs now and into the future by identifying at least 1500 megahertz for in-depth study to determine suitability for repurposing, which may include spectrum bands currently allocated for Federal operations, non-Federal operations, or shared Federal and non-Federal operations;
(b) data-driven processes for long-term spectrum planning that increase transparency into current and future Federal and non-Federal spectrum use; anticipate and enable technological advances in order to facilitate spectrum access; and fully account for essential Federal missions, including national defense and homeland security, safeguarding the national airspace, securing the Nation's critical infrastructure, climate monitoring and forecasting, and other scientific endeavors;
(c) plans to optimize United States spectrum management and use by considering different types of spectrum governance models, including exclusive licensing, unlicensed use, shared use, and combinations of these approaches;
(d) plans for investing in and promoting the development of emerging technological advancements in spectrum management, including spectrum sharing and improving understanding of electromagnetic spectrum science; and
(e) recommendations for developing an enduring, scalable mechanism for managing shared spectrum access for the Federal Government, with the goal of increasing the efficiency of spectrum use.
(a) In undertaking these duties, NTIA shall:
(i) adhere to the terms of the August 1, 2022, MOU between NTIA and FCC and any successor arrangement, so long as the arrangement remains in effect;
(ii) solicit views of stakeholder agencies in a timely fashion and provide sufficient time and procedures for such agencies to present their views and supporting technical information to NTIA;
(iii) provide agencies with timely written feedback articulating why and how agency views will be incorporated into the position that NTIA communicates to FCC;
(iv) facilitate the presentation by agencies of classified or otherwise sensitive views to FCC;
(v) develop the position of the executive branch on spectrum-related issues, including any supporting technical and operational information to facilitate FCC decision-making, and provide that position to FCC; and
(vi) endeavor to provide such views and information within FCC's applicable timelines and request additional time when needed.
(b) In matters where NTIA and an agency or agencies cannot reach a consensus on the views to be presented to FCC, NTIA shall:
(i) notify FCC of the lack of consensus and anticipated next steps and timing to resolve it;
(ii) request the joint assistance of the Secretary of Commerce and the head of any agency objecting to NTIA's proposed submission to FCC to find a mutually agreeable resolution; and
(iii) keep FCC informed, as appropriate, regarding anticipated next steps and timing of resolution.
(c) If a resolution is not reached, NTIA shall within 90 days submit, or the disputing agency or agencies may submit, the disagreement to the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy, who shall, in consultation with the Director of the Office of Science and Technology Policy and the National Space Council, resolve the dispute through the interagency process described in National Security Memorandum 2 of February 4, 2021 (Renewing the National Security Council System), or the process described in any successor Presidential directive. The NTIA shall advise FCC on the executive branch position following adjudication and decision.
(a) The complainant agency, no later than 45 days after learning of the unforeseen risk of harmful interference, shall formally request that NTIA address the matter with FCC for an appropriate remedy, and in that request shall:
(i) clearly indicate the manner in which the public interest will be implicated or harmed or an agency's mission will be adversely affected;
(ii) present evidence to NTIA that such new use is causing or potentially will cause harmful interference or potential harm to the public interest, including any technical or scientific data that supports that position; and
(iii) explain why the complainant agency cannot take steps to ensure mission continuity that are consistent with FCC's decision.
(b) If NTIA believes that the complainant agency has produced sufficient evidence that the new use will risk harmful interference that cannot be reasonably mitigated without FCC action, it shall, within 60 days of the complainant agency's request, address FCC under established processes for seeking appropriate relief. If NTIA does not believe that there is sufficient evidence to seek relief from FCC, the complainant agency may invoke the process set forth in sections 5(b) and 5(c) of this memorandum.
(c) Before any significant regulatory action directly related to the spectrum subject to license is taken by the complainant agency pursuant to its statutory authorities, the regulatory action shall be submitted to the Office of Information and Regulatory Affairs (OIRA) within the Office of Management and Budget, as required by sections 3(f) and 6(a)(3) of Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review) [
(a) Agencies shall expeditiously, and no later than 45 days subsequent to any NTIA request outside of the time frames set by section IV(3) of the August 1, 2022, MOU between NTIA and FCC, respond to and, to the extent possible, share with NTIA any technical and operational information needed to facilitate spectrum coordination and policy development.
(b) Agencies shall furnish NTIA "with such information, support, and assistance, not inconsistent with law, as it may require in the performance of its functions, [sic]" (
(i) all relevant information to be considered for filing with FCC; and
(ii) any significant regulatory actions to be taken by the agency pursuant to its statutory authorities directly relating to spectrum issues, prior to its submission to OIRA as required by Executive Order 12866.
(c) Agencies shall collaborate with NTIA to facilitate long-term spectrum planning, including by sharing information about their current spectrum use and long-term spectrum needs as requested by NTIA.
(d) Agencies shall coordinate with NTIA prior to carrying out any electromagnetic compatibility study or testing plan that the agency seeks to be considered in formulating the views of the executive branch regarding spectrum regulatory matters. Coordination with NTIA will ensure the use of consistent methods across the executive branch, promoting reliable findings as well as evidence-based decision-making. Nothing herein is intended to prevent agencies from conducting spectrum-related studies for internal purposes unrelated to formulating executive branch views on spectrum regulatory matters. Agencies are strongly encouraged to conduct spectrum-related testing and research in cooperation with NTIA's Institute for Telecommunication Sciences.
(e) Agencies shall favor the development and procurement of systems that enable coexistence with other spectrum users. Accordingly, agencies shall ensure that their acquisition processes properly consider spectrum coexistence and access prior to milestone investment decisions. The NTIA shall, in turn, improve its criteria and processes for certification regarding spectrum availability to facilitate spectrum access.
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(d) The Secretary of Commerce is authorized and directed to publish this memorandum in the Federal Register.
J.R. Biden, Jr.
§902. 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 of Commerce for Communications and Information, who shall be appointed by the President, by and with the advice and consent of the Senate.
(b) Assigned functions
(1) In general
Subject to
(2) Communications and information functions
Subject to
(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 (
(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 (
(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 (
(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 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.
(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 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.
(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 (
(B) shall assign to the NTIA the administration of the Public Telecommunications Facilities Program under
(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
(
Editorial Notes
References in Text
Reorganization Plan Number 1 of 1977, referred to in subsec. (b)(2), is set out in the Appendix to Title 5, Government Organization and Employees.
Executive Order 12046, referred to in subsec. (b)(2), is set out as a note under
The Communications Satellite Act of 1962, referred to in subsec. (b)(2)(C)(iii), (vi), is
Section 201(a)(6) of the Communications Satellite Act of 1962, referred to in subsec. (b)(2)(C)(iv), was classified to
Executive Order 11556, referred to in subsec. (b)(2)(S), which was formerly set out as a note under
Amendments
2012—Subsec. (b)(2)(U).
2002—Subsec. (b)(3)(C).
Statutory Notes and Related Subbsidiaries
Spectrum Information Technology Modernization Efforts
"(a)
"(1) the standardization of data inputs, modeling algorithms, modeling and simulation processes, analysis tools with respect to Federal spectrum, assumptions, and any other tool to ensure interoperability and functionality with respect to such infrastructure;
"(2) other potential innovative technological capabilities with respect to such infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities;
"(3) ways to improve the management of the use of Federal spectrum by covered agencies through such infrastructure, including by—
"(A) increasing the efficiency of such infrastructure;
"(B) addressing validation of usage with respect to such infrastructure;
"(C) increasing the accuracy of such infrastructure;
"(D) validating models used by such infrastructure; and
"(E) monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies;
"(4) ways to improve the ability of covered agencies to meet mission requirements in congested environments with respect to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in such environments;
"(5) the creation of a time-based automated mechanism—
"(A) to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by such agencies; and
"(B) that could be scaled across Federal spectrum; and
"(6) the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum.
"(b)
"(1)
"(2)
"(A) an assessment of the current, as of the date on which such report is submitted, infrastructure of the NTIA described in such paragraph;
"(B) an acquisition strategy for the modernized infrastructure of the NTIA described in such paragraph, including how such modernized infrastructure will enable covered agencies to be more efficient and effective in the use of Federal spectrum;
"(C) a timeline for the implementation of the modernization efforts described in such paragraph;
"(D) plans detailing how the modernized infrastructure of the NTIA described in such paragraph will—
"(i) enhance the security and reliability of such infrastructure so that the NTIA is in compliance with the requirements of subchapter II of
"(ii) improve data models and analysis tools to increase the efficiency of the spectrum use described in such paragraph;
"(iii) enhance automation and workflows, and reduce the scope and level of manual effort, in order to—
"(I) administer the management of the spectrum use described in such paragraph; and
"(II) improve data quality and processing time; and
"(iv) improve the timeliness of spectrum analyses and requests for information, including requests submitted pursuant to
"(E) an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in such paragraph;
"(F) a strategy for coordination between the covered agencies within the Policy and Plans Steering Group, which shall include—
"(i) a description of—
"(I) such coordination efforts, as in effect on the date on which such report is submitted; and
"(II) a plan for coordination of such efforts after the date on which such report is submitted, including with respect to the efforts described in subsection (c);
"(ii) a plan for standardizing—
"(I) electromagnetic spectrum analysis tools;
"(II) modeling and simulation processes and technologies; and
"(III) databases to provide technical interference assessments that are usable across the Federal Government as part of a common spectrum management infrastructure for covered agencies; and
"(iii) a plan for each covered agency to implement a modernization plan described in subsection (c)(1) that is tailored to the particular timeline of such agency;
"(G) identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to such processes;
"(H) metrics to evaluate the success of the modernization efforts described in such paragraph and any similar future efforts; and
"(I) an estimate of the cost of the modernization efforts described in such paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in such paragraph, including the cost of any personnel and equipment relating to such maintenance.
"(c)
"(1)
"(2)
"(A) include—
"(i) an assessment of the current, as of the date on which such report is submitted, management capabilities of such agency with respect to the use of frequencies that are assigned to such agency, which shall include a description of any challenges faced by such agency with respect to such management;
"(ii) a timeline for completion of the modernization efforts described in such paragraph;
"(iii) a description of potential innovative technological capabilities for the management of frequencies that are assigned to such agency, as determined under subsection (a);
"(iv) identification of agency-specific requirements or constraints relating to the infrastructure of such agency;
"(v) identification of any existing, as of the date on which such report is submitted, systems of such agency that are duplicative of the modernized infrastructure of the NTIA, as described in subsection (b); and
"(vi) with respect to the report submitted by the Secretary of Defense—
"(I) a strategy for the integration of systems or the flow of data among the Armed Forces, the military departments, the Defense Agencies and Department of Defense Field Activities, and other components of the Department of Defense;
"(II) a plan for the implementation of solutions to the use of Federal spectrum by the Department of Defense involving information at multiple levels of classification; and
"(III) a strategy for addressing, within the modernized infrastructure of the Department of Defense described in such paragraph, the exchange of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of Defense domestic spectrum coordination and management activities; and
"(B) be submitted in an unclassified format, with a classified annex, as appropriate.
"(3)
"(d)
"(1) not later than 180 days after the date of the enactment of this Act, conduct a review of the infrastructure of covered agencies, as such infrastructure exists on the date of the enactment of this Act;
"(2) upon submission of all of the reports required by subsection (c), begin conducting oversight of the implementation of the modernization plans submitted by the Assistant Secretary and covered agencies under subsections (b) and (c), respectively;
"(3) not later than 2 years after the date on which the Comptroller General begins conducting oversight under paragraph (2), and biennially thereafter until December 31, 2030, submit a report regarding such oversight to—
"(A) with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
"(B) with respect to the implementation of the modernization plans of all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
"(4) until December 31, 2030, provide regular briefings to—
"(A) with respect to the application of this section to the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
"(B) with respect to the application of this section to all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
"(e)
"(1) The term 'covered agency'—
"(A) means any Federal entity that the Assistant Secretary of Commerce for Communications and Information determines is appropriate; and
"(B) includes the Department of Defense.
"(2) The term 'Federal entity' has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (
"(3) The term 'Federal spectrum' means frequencies assigned on a primary basis to a covered agency.
"(4) The term 'infrastructure' means information technology systems and information technologies, tools, and databases."
Pilot Program for Digital and Wireless Networks for Online Educational Programs of Study
"(a) In this section:
"(1) The term 'Administrator' means the Administrator of the National Telecommunications and Information Administration.
"(2) The term 'eligible educational institution' means an institution that is—
"(A) a historically Black college or university;
"(B) a Hispanic-serving institution as that term is defined in section 502(a)(5) of the Higher Education Act of 1965 (
"(C) a tribally controlled college or university as that term is defined in section 2(a)(4) of the Tribally Controlled Colleges and Universities Assistance Act of 1978 (
"(D) an Alaska Native-serving institution as that term is defined in section 317(b)(2) of the Higher Education Act of 1965 (
"(E) a Native Hawaiian-serving institution as that term is defined in section 317(b)(4) of the Higher Education Act of 1965 (
"(3) The term 'historically Black college or university' means a part B institution as that term is defined in section 322(2) of the Higher Education Act of 1965 (
"(b)(1)(A) There is established within the National Telecommunications and Information Administration a pilot program under which the Administrator shall award 9 grants to eligible educational institutions to enable the eligible educational institutions to develop digital and wireless networks for online educational programs of study within the eligible educational institutions. The Administrator shall award not less than 1 grant to each type of eligible educational institution, enumerated under subsection (a)(2).
"(B)(i) The Administrator shall award a total of 9 grants under this subsection.
"(ii) The Administrator shall make grant payments under this subsection in the amount of $500,000.
"(2)(A) In awarding grants under this subsection the Administrator shall give priority to an eligible educational institution that, according to the most recent data available (including data available from the Bureau of the Census), serves a county, or other appropriate political subdivision where no counties exist—
"(i) in which 50 percent of the residents of the county, or other appropriate political subdivision where no counties exist, are members of a racial or ethnic minority;
"(ii) in which less than 18 percent of the residents of the county, or other appropriate political subdivision where no counties exist, have obtained a baccalaureate degree or a higher education;
"(iii) that has an unemployment rate of 7 percent or greater;
"(iv) in which 20 percent or more of the residents of the county, or other appropriate political subdivision where no counties exist, live in poverty;
"(v) that has a negative population growth rate; or
"(vi) that has a family income of not more than $32,000.
"(B) In awarding grants under this subsection the Administrator shall give the highest priority to an eligible educational institution that meets the greatest number of requirements described in clauses (i) through (vi) of subparagraph (A).
"(3) An eligible educational institution receiving a grant under this subsection may use the grant funds—
"(A) to acquire equipment, instrumentation, networking capability, hardware, software, digital network technology, wireless technology, or wireless infrastructure;
"(B) to develop and provide educational services, including faculty development; or
"(C) to develop strategic plans for information technology investments.
"(4) The Administrator shall not require an eligible educational institution to provide matching funds for a grant awarded under this subsection.
"(5)(A) The Administrator shall consult with the Committee on Appropriations and the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Appropriations and the Committee on Energy and Commerce of the House of Representatives, on a quarterly basis regarding the pilot program assisted under this subsection.
"(B) Not later than 1 year after the date of enactment of this section [Dec. 26, 2007], the Administrator shall submit to the committees described in subparagraph (A) a report evaluating the progress of the pilot program assisted under this subsection.
"(c) There are authorized to be appropriated to carry out this section $4,500,000 for each of fiscal years 2008 and 2009.
"(d) The Administrator shall carry out this section only with amounts appropriated in advance specifically to carry out this section."
Study of Technology Protection Measures
"(a)
"(1) evaluating whether or not currently available technology protection measures, including commercial Internet blocking and filtering software, adequately addresses the needs of educational institutions;
"(2) making recommendations on how to foster the development of measures that meet such needs; and
"(3) evaluating the development and effectiveness of local Internet safety policies that are currently in operation after community input.
"(b)
"(1)
"(A) obscene, as that term is defined in
"(B) child pornography, as that term is defined in
"(C) harmful to minors.
"(2)
"(A) taken as a whole and with respect to minors, appeals to a prurient interest in nudity, sex, or excretion;
"(B) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or a lewd exhibition of the genitals; and
"(C) taken as a whole, lacks serious literary, artistic, political, or scientific value as to minors.
"(3)
1 See References in Text note below.
§903. Spectrum management activities
(a) Revision of regulations
Within 180 days after October 27, 1992, 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 October 27, 1992, 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 August 10, 1993, 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 August 10, 1993, to operate a radio station utilizing a frequency that is authorized for the use of government stations pursuant to
(B) no person or entity (other than an agency or instrumentality of the United States) shall be permitted, after 1 year after August 10, 1993, 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 August 10, 1993, 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.
(
Editorial Notes
Amendments
1993—Subsec. (e).
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Authorization of Use of Spectrum By, and Provision of Spectrum Functions to, Federal Entity; Reimbursement
Similar provisions were contained in the following prior appropriation acts:
§904. General administrative provisions
(a) Interagency functions
(1) Agency consultation
Federal agencies shall consult with the Assistant Secretary and the NTIA to ensure that the conduct of telecommunications activities by such agencies is consistent with the policies developed under
(2) Report to President
The Secretary shall timely submit to the President each year the report (including evaluations and recommendations) provided for in section 744(a) 1 of this title.
(3) Coordination with Secretary of State
The Secretary shall coordinate with the Secretary of State the performance of the functions described in
(b) Advisory committees and informal consultations with industry
To the extent the Assistant Secretary deems it necessary to continue the Interdepartmental Radio Advisory Committee, such Committee shall serve as an advisory committee to the Assistant Secretary and the NTIA. As permitted by law, the Assistant 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 chapter.
(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 chapter reassigns any function that is, on October 27, 1992, 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
(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
(e) Limitation on solicitations
Notwithstanding
(
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Energy and Commerce of House of Representatives treated as referring to Committee on Commerce of House of Representatives by section 1(a) of
Termination of Advisory Committees
Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2-year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by Congress, its duration is otherwise provided by law. See
1 See References in Text note below.
§905. Omitted
Editorial Notes
Codification
Section,
§906. Wireless supply chain innovation and multilateral security
(a) Communications technology security funds
(1) Public Wireless Supply Chain Innovation Fund
(A) Establishment
(i) In general
There is established in the Treasury of the United States a trust fund to be known as the "Public Wireless Supply Chain Innovation Fund" (referred to in this paragraph as the "Innovation Fund").
(ii) Availability
(I) In general
Amounts appropriated to the Innovation Fund shall remain available through the end of the tenth fiscal year beginning after the date on which funds are appropriated to the Fund.
(II) Remainder to Treasury
Any amounts remaining in the Innovation Fund after the end of the tenth fiscal year beginning after the date of appropriation shall be deposited in the general fund of the Treasury.
(B) Use of Fund
(i) In general
Amounts appropriated to the Innovation Fund shall be available to the Secretary, acting through the NTIA Administrator, to make grants on a competitive basis under this paragraph in such amounts as the Secretary, acting through the NTIA Administrator, determines appropriate, subject to clause (ii).
(ii) Limitation on grant amounts
The amount of a grant awarded under this paragraph to a recipient for a specific research focus area may not exceed $50,000,000.
(C) Administration of Fund
The Secretary, acting through the NTIA Administrator, in consultation with the Commission, the Under Secretary of Commerce for Standards and Technology, the Secretary of Homeland Security, the Secretary of Defense, and the Director of the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence, shall establish criteria for grants awarded under this paragraph, by the NTIA Administrator and administer the Innovation Fund, to support the following:
(i) Promoting and deploying technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in the fifth-generation (commonly known as "5G") and successor wireless technology supply chains that use open and interoperable interface radio access networks.
(ii) Accelerating commercial deployments of open interface standards-based compatible, interoperable equipment, such as equipment developed pursuant to the standards set forth by organizations such as the O-RAN Alliance, the Telecom Infra Project, 3GPP, the Open-RAN Software Community, or any successor organizations.
(iii) Promoting and deploying compatibility of new 5G equipment with future open standards-based, interoperable equipment.
(iv) Managing integration of multi-vendor network environments.
(v) Identifying objective criteria to define equipment as compliant with open standards for multi-vendor network equipment interoperability.
(vi) Promoting and deploying security features enhancing the integrity and availability of equipment in multi-vendor networks.
(vii) Promoting and deploying network function virtualization to facilitate multi-vendor interoperability and a more diverse vendor market.
(D) Nonduplication
To the greatest extent practicable, the Secretary, acting through the NTIA Administrator, shall ensure that any research funded by a grant awarded under this paragraph avoids duplication of other Federal or private sector research.
(E) Timing
Not later than one year after the date on which funds are appropriated to the Innovation Fund, the Secretary, acting through the NTIA Administrator, shall begin awarding grants under this paragraph.
(F) Federal advisory body
(i) Establishment
The Secretary, acting through the NTIA Administrator, and in consultation with the Under Secretary of Commerce for Standards and Technology, shall establish a Federal advisory committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.),1 composed of government and private sector experts, to advise the Secretary and the NTIA Administrator on the administration of the Innovation Fund.
(ii) Composition
The advisory committee established under clause (i) shall be composed of—
(I) representatives from—
(aa) the Commission;
(bb) the Department of Defense;
(cc) the Intelligence Advanced Research Projects Activity of the Office of the Director of National Intelligence;
(dd) the National Institute of Standards and Technology;
(ee) the Department of State;
(ff) the National Science Foundation;
(gg) the Department of Homeland Security; and
(hh) the National Telecommunications and Information Administration; and
(II) other representatives from the private and public sectors, at the discretion of the NTIA Administrator.
(iii) Duties
The advisory committee established under clause (i) shall advise the Secretary and the NTIA Administrator on technology developments to help inform—
(I) the strategic direction of the Innovation Fund; and
(II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain.
(G) Reports to Congress
(i) Initial report
Not later than 180 days after January 1, 2021, the Secretary, acting through the NTIA Administrator, shall submit to the relevant committees of Congress a report with—
(I) additional recommendations on promoting the competitiveness and sustainability of trusted suppliers in the wireless supply chain; and
(II) any additional authorities needed to facilitate the timely adoption of open standards-based equipment, including authority to provide loans, loan guarantees, and other forms of credit extension that would maximize the use of funds.
(ii) Annual report
For each fiscal year for which amounts in the Innovation Fund are available under this paragraph, the Secretary, acting through the NTIA Administrator, shall submit to Congress a report that—
(I) describes how, and to whom (including whether recipients are majority owned and controlled by minority individuals and majority owned and controlled by women), amounts in the Innovation Fund have been deployed;
(II) details the progress of the Secretary and the NTIA Administrator in meeting the objectives described in subparagraph (C); and
(III) includes any additional information that the Secretary and the NTIA Administrator determine appropriate.
(2) Multilateral Telecommunications Security Fund
(A) Establishment of Fund
(i) In general
There is established in the Treasury of the United States a trust fund to be known as the "Multilateral Telecommunications Security Fund".
(ii) Use of Fund
Amounts appropriated to the Multilateral Telecommunications Security Fund shall be available to the Secretary of State to make expenditures under this paragraph in such amounts as the Secretary of State determines appropriate.
(iii) Availability
(I) In general
Amounts appropriated to the Multilateral Telecommunications Security Fund—
(aa) shall remain available through the end of the tenth fiscal year beginning after the date of appropriation; and
(bb) may only be allocated upon the Secretary of State reaching an arrangement or agreement with foreign government partners to participate in the common funding mechanism described in subparagraph (B).
(II) Remainder to Treasury
Any amounts remaining in the Multilateral Telecommunications Security Fund after the end of the tenth fiscal year beginning after January 1, 2021 shall be deposited in the general fund of the Treasury.
(B) Administration of Fund
The Secretary of State, in consultation with the NTIA Administrator, the Secretary of Homeland Security, the Secretary of Defense, the Secretary of the Treasury, the Director of National Intelligence, and the Commission, is authorized to establish a common funding mechanism, in coordination with foreign partners, that uses amounts from the Multilateral Telecommunications Security Fund to support the development and adoption of secure and trusted telecommunications technologies. In creating and sustaining a common funding mechanism, the Secretary of State should leverage United States funding in order to secure commitments and contributions from trusted foreign partners such as the United Kingdom, Canada, Australia, New Zealand, and Japan, and should prioritize the following objectives:
(i) Advancing research and development of secure and trusted communications technologies.
(ii) Strengthening supply chains.
(iii) Promoting the use of trusted vendors.
(C) Notifications to be provided by the Fund
(i) In general
Not later than 15 days prior to the Fund making a financial commitment associated with the provision of expenditures under subparagraph (A)(ii) in an amount in excess of $1,000,000, the Secretary of State shall submit to the appropriate congressional committees a report in writing that contains the information required by clause (ii).
(ii) Information required
The information required by this clause includes—
(I) the amount of each such expenditure;
(II) an identification of the recipient or beneficiary; and
(III) a description of the project or activity and the purpose to be achieved of an expenditure by the Fund.
(iii) Arrangements or agreements
The Secretary of State shall notify the appropriate congressional committees not later than 30 days after entering into a new bilateral or multilateral arrangement or agreement described in subparagraph (A)(iii)(I)(bb).
(iv) Appropriate congressional committees defined
In this subparagraph, the term "appropriate congressional committees" means—
(I) the Committee on Foreign Relations of the Senate;
(II) the Committee on Appropriations of the Senate;
(III) the Committee on Foreign Affairs of the House of Representatives; and
(IV) the Committee on Appropriations of the House of Representatives.
(b) Promoting United States leadership in international organizations and communications standards-setting bodies
(1) In general
The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission, or their designees, shall consider how to enhance representation of the United States at international forums that set standards for 5G networks and for future generations of wireless communications networks, including—
(A) the International Telecommunication Union (commonly known as "ITU");
(B) the International Organization for Standardization (commonly known as "ISO");
(C) the Inter-American Telecommunication Commission (commonly known as "CITEL"); and
(D) the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3GPP and the Institute of Electrical and Electronics Engineers (commonly known as "IEEE").
(2) Annual report
The Secretary of State, the Secretary of Commerce, and the Chairman of the Commission shall jointly submit to the relevant committees of Congress an annual report on the progress made under paragraph (1).
(c) Definitions
In this section:
(1) The term "3GPP" means the Third Generation Partnership Project.
(2) The term "5G network" means a radio network as described by 3GPP Release 15 or higher.
(3) The term "Commission" means the Federal Communications Commission.
(4) The term "NTIA Administrator" means the Assistant Secretary of Commerce for Communications and Information.
(5) The term "Open-RAN" means the Open Radio Access Network approach to standardization adopted by the O-RAN Alliance, Telecom Infra Project, or 3GPP, or any similar set of open standards for multi-vendor network equipment interoperability.
(6) The term "relevant committees of Congress" means—
(A) the Select Committee on Intelligence of the Senate;
(B) the Committee on Foreign Relations of the Senate;
(C) the Committee on Homeland Security and Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and Transportation of the Senate;
(F) the Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence of the House of Representatives;
(H) the Committee on Foreign Affairs of the House of Representatives;
(I) the Committee on Homeland Security of the House of Representatives;
(J) the Committee on Armed Services of the House of Representatives;
(K) the Committee on Energy and Commerce of the House of Representatives; and
(L) the Committee on Appropriations of the House of Representatives.
(7) The term "Secretary" means the Secretary of Commerce.
(
Editorial Notes
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a)(1)(F)(i), is
Codification
Section was enacted as part of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 and not as part of the National Telecommunications and Information Administration Organization Act which comprises this chapter.
Amendments
2023—Subsec. (a)(2)(C), (D).
2022—Subsec. (a)(1)(G)(ii)(I).