Sec. 801. Improving spectrum management
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Part A of the National Telecommunications and Information Administration Organization Act ( 47 U.S.C. 901 et seq. ) is amended by adding at the end the following: In this section: The term Chair means the Chairman of the Commission. The term Commission means the Federal Communications Commission. 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.
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. The term spectrum action means any 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 licensing that could potentially impact the spectrum operations of a Federal entity.
The term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information. With respect to each spectrum action, the Assistant Secretary shall file in the public record with respect to the spectrum action information (redacted as necessary if the information is protected from disclosure for a reason described in paragraph (3)) not later than the end of the period for submitting comments to the Commission in such proceeding regarding— when the Commission provided notice to the Assistant Secretary regarding the spectrum action, as required under the Memorandum; the Federal entities that may be impacted by the spectrum action; when the Assistant Secretary provided notice to the Federal entities described in subparagraph
(B)regarding the spectrum action; and a summary of the general technical or procedural concerns of Federal entities with the spectrum action. 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— when the Commission provided notice to the Assistant Secretary regarding the spectrum action, as required under the Memorandum; whether the Assistant Secretary raised technical, procedural, or policy concerns of Federal entities regarding the spectrum action; and how any concerns described in subparagraph
(B)were resolved. Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that are exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). Not later than 180 days after the date of the enactment of this Act, the Assistant Secretary shall establish a charter for the PPSG. 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. If an individual appointed under subparagraph
(A)is not eligible to receive a security clearance described in that subparagraph— the appointment shall be invalid; and 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. An individual appointed under paragraph
(2)shall— oversee the spectrum coordination policies and procedures of the applicable Federal entity; be responsible for timely notification of technical or procedural concerns of the applicable Federal entity to the PPSG; and work closely with the representative of the applicable Federal entity to the Interdepartment Radio Advisory Committee. Each Federal entity 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 paragraph (2). The Assistant Secretary shall publish on the public website of the NTIA a complete list of the representatives to the PPSG appointed under paragraph (2). 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. In updating the Memorandum as required in paragraph (1), such updates shall reflect changing technological, procedural, and policy circumstances as determined are necessary and appropriate by the Commission and NTIA. .
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