NTIA Policy and Cybersecurity Coordination Act

IB Union Calendar No. 487 117TH CONGRESS 2D SESSION H. R. 4046 [Report No. 117–668] To amend the National Telecommunications and Information Administration Organization Act to establish the Office of Policy Development and Cybersecurity, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 22, 2021 Mr. DUNCAN (for himself, Ms. WILD, and Mr. CURTIS) introduced the following bill; which was referred to the Committee on Energy and Commerce DECEMBER 30, 2022 Additional sponsors: Ms. SPANBERGER and Mr. DELGADO DECEMBER 30, 2022 Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on June 22, 2021] VerDate Sep 11 2014 00:32 Dec 31, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 2 •HR 4046 RH A BILL To amend the National Telecommunications and Information Administration Organization Act to establish the Office of Policy Development and Cybersecurity, and for other purposes. VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 3 •HR 4046 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘NTIA Policy and Cyber- 4 security Coordination Act’’. 5 SEC. 2. POLICY DEVELOPMENT AND CYBERSECURITY. 6 (a) OFFICE OF POLICY DEVELOPMENT AND CYBERSE- 7 CURITY.—Part A of title I of the National Telecommuni- 8 cations and Information Administration Organization Act 9 (47 U.S.C. 901 et seq.) is amended by adding at the end 10 the following: 11 ‘‘SEC. 106. OFFICE OF POLICY DEVELOPMENT AND CYBER- 12 SECURITY. 13 ‘‘(a) ESTABLISHMENT.—There shall be within the 14 NTIA an office to be known as the Office of Policy Develop- 15 ment and Cybersecurity (in this section referred to as the 16 ‘Office’). 17 ‘‘(b) ASSOCIATE ADMINISTRATOR.—The head of the Of- 18 fice shall be an Associate Administrator for Policy Develop- 19 ment and Cybersecurity (in this section referred to as the 20 ‘Associate Administrator’), who shall report to the Assistant 21 Secretary. 22 ‘‘(c) DUTIES.— 23 ‘‘(1) IN GENERAL.—The Associate Administrator 24 shall oversee and conduct national communications 25 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 4 •HR 4046 RH and information policy analysis and development for 1 the internet and communications technologies. 2 ‘‘(2) PARTICULAR DUTIES.—In carrying out 3 paragraph (1), the Office shall— 4 ‘‘(A) develop, analyze, and advocate for 5 market-based policies that promote innovation, 6 competition, consumer access, digital inclusion, 7 workforce development, and economic growth in 8 the communications, media, and technology mar- 9 kets; 10 ‘‘(B) issue studies, as delegated by the As- 11 sistant Secretary or required by Congress, on 12 how individuals in the United States access and 13 use the internet, wireline and wireless telephony, 14 mass media, other digital services, and video 15 services; 16 ‘‘(C) coordinate transparent, consensus- 17 based, multistakeholder processes to create guid- 18 ance or to support the development and imple- 19 mentation of cybersecurity and privacy policies 20 with respect to the internet and other commu- 21 nications networks; 22 ‘‘(D) promote increased collaboration be- 23 tween security researchers and providers of com- 24 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 5 •HR 4046 RH munications services and software system devel- 1 opers; 2 ‘‘(E) perform such duties as the Assistant 3 Secretary considers appropriate relating to the 4 program for preventing future vulnerabilities es- 5 tablished under section 8(a) of the Secure and 6 Trusted Communications Networks Act of 2019 7 (47 U.S.C. 1607(a)); 8 ‘‘(F) advocate for policies that promote the 9 security and resilience to cybersecurity incidents 10 of communications networks while fostering in- 11 novation, including policies that promote secure 12 communications network supply chains; 13 ‘‘(G) at the direction of the Assistant Sec- 14 retary, present security of the digital economy 15 and infrastructure and cybersecurity policy ef- 16 forts before the Commission, Congress, and else- 17 where; 18 ‘‘(H) provide advice and assistance to the 19 Assistant Secretary in carrying out the policy 20 responsibilities of the NTIA with respect to cy- 21 bersecurity policy matters, including the evalua- 22 tion of the impact of cybersecurity matters pend- 23 ing before the Commission, other Federal agen- 24 cies, and Congress; 25 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 6 •HR 4046 RH ‘‘(I) in addition to the duties described in 1 subparagraph (H), perform such other duties re- 2 garding the policy responsibilities of the NTIA 3 with respect to cybersecurity policy matters as 4 the Assistant Secretary considers appropriate; 5 ‘‘(J) develop policies to accelerate innova- 6 tion and commercialization with respect to ad- 7 vances in technological understanding of commu- 8 nications technologies; 9 ‘‘(K) identify barriers to trust, security, in- 10 novation, and commercialization with respect to 11 communications technologies, including access to 12 capital and other resources, and ways to over- 13 come such barriers; 14 ‘‘(L) provide public access to relevant data, 15 research, and technical assistance on innovation 16 and commercialization with respect to commu- 17 nications technologies, consistent with the protec- 18 tion of classified information; 19 ‘‘(M) strengthen collaboration on and co- 20 ordination of policies relating to innovation and 21 commercialization with respect to communica- 22 tions technologies, including policies focused on 23 the needs of small businesses and rural commu- 24 nities— 25 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 7 •HR 4046 RH ‘‘(i) within the Department of Com- 1 merce; 2 ‘‘(ii) between the Department of Com- 3 merce and State government agencies, as 4 appropriate; and 5 ‘‘(iii) between the Department of Com- 6 merce and the Commission or any other 7 Federal agency the Assistant Secretary de- 8 termines to be necessary; and 9 ‘‘(N) solicit and consider feedback from 10 small and rural communications service pro- 11 viders, as appropriate.’’. 12 (b) TRANSITIONAL RULES.— 13 (1) REDESIGNATION OF ASSOCIATE ADMINIS- 14 TRATOR; CONTINUATION OF SERVICE.— 15 (A) REDESIGNATION.—The position of Asso- 16 ciate Administrator for Policy Analysis and De- 17 velopment at the NTIA is hereby redesignated as 18 the position of Associate Administrator for Pol- 19 icy Development and Cybersecurity. 20 (B) CONTINUATION OF SERVICE.—The indi- 21 vidual serving as Associate Administrator for 22 Policy Analysis and Development at the NTIA 23 on the date of the enactment of this Act shall be- 24 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS 8 •HR 4046 RH come, as of such date, the Associate Adminis- 1 trator for Policy Development and Cybersecurity. 2 (2) NTIA DEFINED.—In this subsection, the term 3 ‘‘NTIA’’ means the National Telecommunications and 4 Information Administration. 5 VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS Union Calendar No. 487 117TH CONGRESS 2D SESSION H. R. 4046 [Report No. 117–668] A BILL To amend the National Telecommunications and Information Administration Organization Act to establish the Office of Policy Development and Cybersecurity, and for other purposes. DECEMBER 30, 2022 Reported with an amendment, committed to the Com- mittee of the Whole House on the State of the Union, and ordered to be printed VerDate Sep 11 2014 23:35 Dec 30, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\H4046.RH H4046 SSpencer on DSK126QN23PROD with BILLS