Sec. 202. 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. ), as amended by the preceding provisions of this Act, is further amended by adding at the end the following: 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— when the Commission provided notice to the Under Secretary regarding the spectrum action, as required under the Memorandum; the Federal entities that may be impacted by the spectrum action; when the Under Secretary provided notice to the Federal entities described in subparagraph
(B)regarding the spectrum action; a summary of any general technical or procedural concerns raised by Federal entities to the Under Secretary regarding the spectrum action; and any policy concerns of the Under Secretary regarding 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 Under Secretary regarding the spectrum action, as required under the Memorandum; whether the Under Secretary raised technical, procedural, or policy concerns 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 is exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). The Commission may not consider any technical, procedural, or policy concerns of a Federal entity regarding a spectrum action unless such concerns are filed by the Under Secretary on behalf of the Federal entity in the public record, or in a classified non-public filing made in accordance with subparagraph (B), with respect to the proceeding of the Commission relating to the spectrum action. Any classified information that is filed by the Under Secretary on behalf of a Federal entity with respect to the proceeding of the Commission relating to a spectrum action shall be filed in accordance with Commission procedures and using appropriate protective measures to prevent unauthorized disclosure. Not later than 180 days after the date of the enactment of this section, the Under Secretary shall establish a charter for the ISAC. The head of each Federal entity that is reflected in the membership of the ISAC, as identified in the charter established under paragraph (1), shall appoint a senior-level employee (or an individual occupying a Senior Executive Service position, as defined in section 3132(a) of title 5, United States Code) who is eligible to receive a security clearance that allows for access to sensitive compartmented information to serve as the representative of the Federal entity to the ISAC. 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 to the ISAC and to the Under Secretary of technical or procedural concerns of the applicable Federal entity regarding a spectrum action; and work closely with the representative of the applicable Federal entity to the Interdepartmental Radio Advisory Committee. The head of each Federal entity described in paragraph
(2)shall list, on the website of the Federal entity, the name and contact information of the representative of the Federal entity to the ISAC, as appointed under such paragraph. The Under Secretary shall publish on the public website of the NTIA a complete list of the representatives to the ISAC appointed under paragraph (2). 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. 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. 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. In this section: The term ISAC means the interagency advisory body that, as of the date of the enactment of this section, is known as the Interagency Spectrum Advisory Council. 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 spectrum action means a proposed action by the Commission to reallocate radio frequency spectrum that is anticipated to result in a system of competitive bidding conducted under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) or that could potentially cause interference to the spectrum operations of a Federal entity. .
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