§ 901. Definitions; findings; policy

§ 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 (47 U.S.C. 731 et seq.).

(b) Findings The Congress finds the following:

(1) Telecommunications and information are vital to the public welfare, national security, and competitiveness of the United States.

(2) Rapid technological advances being made in the telecommunications and information fields make it imperative that the United States maintain effective national and international policies and programs capable of taking advantage of continued advancements.

(3) Telecommunications and information policies and recommendations advancing the strategic interests and the international competitiveness of the United States are essential aspects of the Nation’s involvement in international commerce.

(4) There is a critical need for competent and effective telecommunications and information research and analysis and national and international policy development, advice, and advocacy by the executive branch of the Federal Government.

(5) As one of the largest users of the Nation’s telecommunications facilities and resources, the Federal Government must manage its radio spectrum use and other internal communications operations in the most efficient and effective manner possible.

(6) It is in the national interest to codify the authority of the National Telecommunications and Information Administration, an agency in the Department of Commerce, as the executive branch agency principally responsible for advising the President on telecommunications and information policies, and for carrying out the related functions it currently performs, as reflected in Executive Order 12046.

(c) Policy The NTIA shall seek to advance the following policies:

(1) Promoting the benefits of technological development in the United States for all users of telecommunications and information facilities.

(2) Fostering national safety and security, economic prosperity, and the delivery of critical social services through telecommunications.

(3) Facilitating and contributing to the full development of competition, efficiency, and the free flow of commerce in domestic and international telecommunications markets.

(4) Fostering full and efficient use of telecommunications resources, including effective use of the radio spectrum by the Federal Government, in a manner which encourages the most beneficial uses thereof in the public interest.

(5) Furthering scientific knowledge about telecommunications and information.

(Pub. L. 102–538, title I, § 102, Oct. 27, 1992, 106 Stat. 3533.)

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original, “this title”, meaning title I of Pub. L. 102–538, Oct. 27, 1992, 106 Stat. 3533, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.

The Communications Satellite Act of 1962, referred to in subsec. (a)(5), is Pub. L. 87–624, Aug. 31, 1962, 76 Stat. 419. Title III of the Act is classified generally to subchapter III (§ 731 et seq.) of chapter 6 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 701 of this title and Tables.

Executive Order 12046, referred to in subsec. (b)(6), is set out as a note under section 305 of this title.

Statutory Notes and Related Subsidiaries

Short Title of 2015 Amendment

Pub. L. 114–74, title X, § 1001, Nov. 2, 2015, 129 Stat. 621, provided that: “This title [amending sections 309, 923, and 928 of this title and enacting provisions set out as a note under section 921 of this title] may be cited as the ‘Spectrum Pipeline Act of 2015’.”

Short Title of 2007 Amendment

Pub. L. 110–53, title XXIII, § 2301, Aug. 3, 2007, 121 Stat. 543, as amended by Pub. L. 110–161, div. B, title V, § 539, Dec. 26, 2007, 121 Stat. 1934, provided that: “This title [amending section 942 of this title and provisions set out as a note under section 309 of this title] may be cited as the ‘911 Modernization Act’.”

Short Title of 2004 Amendment

Pub. L. 108–494, title I, § 101, Dec. 23, 2004, 118 Stat. 3986, provided that: “This title [enacting section 942 of this title and provisions set out as notes under section 942 of this title] may be cited as the ‘Ensuring Needed Help Arrives Near Callers Employing 911 Act of 2004’ or the ‘ENHANCE 911 Act of 2004’.”

Pub. L. 108–494, title II, § 201, Dec. 23, 2004, 118 Stat. 3991, provided that: “This title [enacting section 928 of this title, amending sections 309, 614, and 923 of this title, and enacting provisions set out as notes under sections 921, 923, and 928 of this title] may be cited as the ‘Commercial Spectrum Enhancement Act’.”

Short Title of 2002 Amendment

Pub. L. 107–317, § 1, Dec. 4, 2002, 116 Stat. 2766, provided that: “This Act [enacting subchapter III of this chapter, amending section 902 of this title, and enacting provisions set out as a note under section 941 of this title] may be cited as the ‘Dot Kids Implementation and Efficiency Act of 2002’.”

Short Title

Pub. L. 102–538, title I, § 101, Oct. 27, 1992, 106 Stat. 3533, provided that: “This title [enacting this chapter, amending section 394 of this title, and enacting provisions set out as a note under section 254r of Title 42, The Public Health and Welfare] may be cited as the ‘National Telecommunications and Information Administration Organization Act’.”

Internet of Things

Pub. L. 116–283, div. H, title XCII, § 9204, Jan. 1, 2021, 134 Stat. 4797, provided that: “(a) Definitions.—In this section:“(1) Commission.—The term ‘Commission’ means the Federal Communications Commission. “(2) Secretary.—The term ‘Secretary’ means the Secretary of Commerce. “(3) Steering committee.—The term ‘steering committee’ means the steering committee established under subsection (b)(5)(A). “(4) Working group.—The term ‘working group’ means the working group convened under subsection (b)(1). “(b) Federal Working Group.—“(1) In general.—The Secretary shall convene a working group of Federal stakeholders for the purpose of providing recommendations and a report to Congress relating to the aspects of the Internet of Things described in paragraph (2). “(2) Duties.—The working group shall—“(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) Agency representatives.—In convening the working group under paragraph (1), the Secretary shall have discretion to appoint representatives from Federal agencies and departments as appropriate and shall specifically consider seeking representation from—“(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) Nongovernmental stakeholders.—The working group shall consult with nongovernmental stakeholders with expertise relating to the Internet of Things, including—“(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) Steering committee.—“(A) Establishment.—There is established within the Department of Commerce a steering committee to advise the working group. “(B) Duties.—The steering committee shall advise the working group with respect to—“(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) Membership.—The Secretary shall appoint to the steering committee members representing a wide range of stakeholders outside of the Federal Government with expertise relating to the Internet of Things, including—“(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) Report.—Not later than 1 year after the date of enactment of this Act [Jan. 1, 2021], the steering committee shall submit to the working group a report that includes any findings or recommendations of the steering committee. “(E) Independent advice.—“(i) In general.—The steering committee shall set the agenda of the steering committee in carrying out the duties of the steering committee under subparagraph (B). “(ii) Suggestions.—The working group may suggest topics or items for the steering committee to study, and the steering committee shall take those suggestions into consideration in carrying out the duties of the steering committee. “(iii) Report.—The steering committee shall ensure that the report submitted under subparagraph (D) is the result of the independent judgment of the steering committee. “(F) No compensation for members.—A member of the steering committee shall serve without compensation. “(G) Termination.—The steering committee shall terminate on the date on which the working group submits the report under paragraph (6). “(6) Report to congress.—“(A) In general.—Not later than 18 months after the date of enactment of this Act, the working group shall submit to Congress a report that includes—“(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) Copy of report.—The working group shall submit a copy of the report described in subparagraph (A) to—“(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) Assessing Spectrum Needs.—“(1) In general.—The Commission, in consultation with the National Telecommunications and Information Administration, shall issue a notice of inquiry seeking public comment on the current, as of the date of enactment of this Act [Jan. 1, 2021], and future spectrum needs to enable better connectivity relating to the Internet of Things. “(2) Requirements.—In issuing the notice of inquiry under paragraph (1), the Commission shall seek comments that consider and evaluate—“(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) Report.—Not later than 1 year after the date of enactment of this Act, the Commission 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 comments submitted in response to the notice of inquiry issued under paragraph (1).”

National Strategy To Secure 5G and Next Generation Wireless Communications