Sec. 201. Empowering Federal agencies in the management of their spectrum
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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 Chair of the Commission. The term Commission means the Federal Communications Commission. The term Memorandum means the Memorandum of Understanding between the Commission and the National Telecommunications and Information Administration (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 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 some other form of licensing; and could potentially impact the spectrum operations of a Federal entity. The term Spectrum Advisory Council means the interagency advisory body established under the memorandum of the President entitled Memorandum on Modernizing United States Spectrum Policy and Establishing a National Spectrum Strategy , issued on November 13, 2023, or any successor interagency advisory body.
The Under Secretary shall— ensure, in coordination with the Spectrum Advisory Council and, as appropriate, the Interdepartment Radio Advisory Committee, that the views of the executive branch on spectrum matters are properly— developed; documented; and presented, as necessary, to the Commission and, as appropriate and in coordination with the Director of the Office of Management and Budget, to Congress, as required by sections 102(b)(6) and 103(b)(2)(J); adhere to the terms of the Memorandum; solicit views of affected Federal entities and provide those Federal entities with sufficient time and procedures to present their views and supporting technical information to the NTIA; provide affected Federal entities with timely written feedback explaining why and how their views will be taken into account in the position that the NTIA communicates to the Commission; facilitate the presentation by affected Federal entities of classified or otherwise sensitive views to the Commission; develop the position of the executive branch on issues related to spectrum, including any supporting technical and operational information to facilitate decision-making by the Commission; provide the position described in subparagraph
(F)to the Commission; and provide the position described in subparagraph
(F)within the applicable timelines established by the Commission or, as needed, request additional time from the Commission. If a Federal entity and the Under Secretary are unable to reach consensus on the views concerning Federal spectrum matters to be presented to the Commission, the Under Secretary shall— notify the Commission of the lack of consensus and the anticipated next steps and timing to resolve the dispute; request the joint assistance of the Secretary and the head of the Federal entity objecting to the proposed submission to the Commission to find a mutually agreeable resolution; and keep the Commission informed, as appropriate, regarding anticipated next steps and the timing of resolution. If a Federal entity and the Under Secretary are unable to reach a mutually agreeable resolution under the process under paragraph (2)— not later than 90 days after completing the process, the Under Secretary or the Federal entity may submit the dispute to the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy; the Assistant to the President for National Security Affairs and the Assistant to the President for Economic Policy, in consultation with the Director of the Office and Technology Policy and, if appropriate, the National Space Council, shall resolve the dispute through the interagency process described in the national security memorandum of the President entitled Memorandum on Renewing the National Security Council System , issued on February 4, 2021; and the Under Secretary shall advise the Commission on the executive branch position following the adjudication and decision under the process described in this paragraph. If the Commission takes a spectrum action to make spectrum available for non-Federal use and an affected Federal entity has knowledge, unforeseen before the Commission took the spectrum action, that the non-Federal use is causing or potentially will cause harmful interference to existing Federal operations or non-Federal operations that are regulated by the Federal entity— not later than 45 days after the date on which the affected Federal entity learns of the unforeseen risk of harmful interference, the Federal entity may formally request that the Under Secretary address the issue with the Commission for an appropriate remedy, which request shall— clearly indicate the manner in which the public interest will be implicated or harmed or in which the mission of the Federal entity will be adversely affected; present evidence to the Under Secretary that the non-Federal 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 explain why the Federal entity cannot take steps to ensure mission continuity that are consistent with the spectrum action of the Commission; if the Under Secretary believes that the affected Federal entity has produced sufficient evidence under subparagraph
(A)that the non-Federal use will risk harmful interference that cannot be reasonably mitigated without Commission action, the Under Secretary, not later than 60 days after receiving the request from the Federal entity, shall address the Commission under established processes under the Memorandum and, as applicable, the Practice and Procedure of the Commission under part 1 of title 47, Code of Federal Regulations, or any successor regulations, for seeking appropriate relief; and if the Under Secretary concludes that there is not sufficient evidence to seek relief from the Commission, the affected Federal entity may follow the processes established under paragraphs
(2)and
(3)of this subsection. 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 90 days after the date of enactment of this section, the Under Secretary shall establish a charter for the Spectrum Advisory Council. The head of each Federal entity that is reflected in the membership of the Spectrum Advisory Council, 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 Spectrum Advisory Council. 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 Spectrum Advisory Council; work closely with the representative of the applicable Federal entity to the Interdepartment Radio Advisory Committee; respond to a request from the NTIA for, and to the extent feasible, share with the NTIA, any technical and operational information needed to facilitate spectrum coordination not later than— the applicable reasonable deadline established by the NTIA, at the discretion of the NTIA, pursuant to section IV(3) of the Memorandum, or any successor provision; or 45 days after the date of the request, in the case of a request to which clause
(i)does not apply; furnish the NTIA with all relevant information to be considered for filing with the Commission; coordinate with the NTIA on a significant regulatory action to be taken by the applicable Federal entity pursuant to its regulatory authority directly relating to spectrum before the Federal entity submits the regulatory action to the Office of Information and Regulatory Affairs in accordance with Executive Order 12866 ( 5 U.S.C. 601 note; relating to regulatory planning and review); and collaborate with the NTIA on spectrum planning. Not later than 3 years after the date of enactment of this section, and every 4 years thereafter (or more frequently, as appropriate), the Commission and the NTIA shall reassess the Memorandum and, based on such a reassessment, update the Memorandum, as necessary. Any update to the Memorandum under paragraph
(1)shall reflect changing technological, procedural, and policy circumstances, as determined necessary and appropriate by the Commission and the NTIA. Not later than 1 year after the date of enactment of this section, and annually thereafter, the Chair and the Under Secretary shall submit to Congress a report on joint spectrum planning activities conducted by the Chair and the Under Secretary under this section. A Federal entity shall coordinate and reach agreement with the NTIA before carrying out any electromagnetic compatibility study or testing plan that the Federal entity seeks to be considered in formulating the views of the executive branch regarding spectrum regulatory matters. Not later than May 14, 2025, the Under Secretary, in coordination with the Spectrum Advisory Council, shall publish a report that identifies— spectrum management principles and methods to guide the Federal Government in spectrum studies and science; coordination guidelines for spectrum studies; and processes for determining types of studies, criteria, assumptions, and timelines that shall be acceptable in decision-making involving the use of Federal spectrum and the use of non-Federal spectrum by Federal entities. .
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Sec. 201
Empowering Federal agencies in the management of their spectrum
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