NTIA Policy and Cybersecurity Coordination Act

II 118TH CONGRESS 1ST SESSION S. 1526 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 SENATE OF THE UNITED STATES MAY 10, 2023 Mr. HICKENLOOPER (for himself and Mrs. CAPITO) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 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. 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 Cy- 4 bersecurity Coordination Act’’. 5 SEC. 2. POLICY DEVELOPMENT AND CYBERSECURITY. 6 (a) OFFICE OF POLICY DEVELOPMENT AND CYBER- 7 SECURITY.—Part A of title I of the National Tele- 8 VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1526 IS communications and Information Administration Organi- 1 zation Act (47 U.S.C. 901 et seq.) is amended by adding 2 at the end the following: 3 ‘‘SEC. 106. OFFICE OF POLICY DEVELOPMENT AND CYBER- 4 SECURITY. 5 ‘‘(a) ESTABLISHMENT.—There shall be within the 6 NTIA an office to be known as the Office of Policy Devel- 7 opment and Cybersecurity (in this section referred to as 8 the ‘Office’). 9 ‘‘(b) ASSOCIATE ADMINISTRATOR.—The head of the 10 Office shall be an Associate Administrator for Policy De- 11 velopment and Cybersecurity (in this section referred to 12 as the ‘Associate Administrator’), who shall report to the 13 Assistant Secretary. 14 ‘‘(c) DUTIES.— 15 ‘‘(1) IN GENERAL.—The Associate Adminis- 16 trator shall oversee and conduct national commu- 17 nications and information policy analysis and devel- 18 opment for the internet and communications tech- 19 nologies. 20 ‘‘(2) PARTICULAR DUTIES.—In carrying out 21 paragraph (1), the Office shall— 22 ‘‘(A) develop, analyze, and advocate for 23 market-based policies that promote innovation, 24 competition, consumer access, digital inclusion, 25 VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1526 IS workforce development, and economic growth in 1 the communications, media, and technology 2 markets; 3 ‘‘(B) conduct studies, as delegated by the 4 Assistant Secretary or required by Congress, on 5 how individuals in the United States access and 6 use the internet, wireline and wireless teleph- 7 ony, mass media, other digital services, and 8 video services; 9 ‘‘(C) coordinate transparent, consensus- 10 based, multistakeholder processes to create 11 guidance for and to support the development 12 and implementation of cybersecurity and pri- 13 vacy policies with respect to the internet and 14 other communications networks; 15 ‘‘(D) promote increased collaboration be- 16 tween security researchers and providers of 17 communications services and software system 18 developers; 19 ‘‘(E) perform such duties as the Assistant 20 Secretary considers appropriate relating to the 21 program for preventing future vulnerabilities es- 22 tablished under section 8(a) of the Secure and 23 Trusted Communications Networks Act of 2019 24 (47 U.S.C. 1607(a)); 25 VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1526 IS ‘‘(F) advocate for policies that promote the 1 security and resilience to cybersecurity incidents 2 of communications networks while fostering in- 3 novation, including policies that promote secure 4 communications network supply chains; 5 ‘‘(G) at the direction of the Assistant Sec- 6 retary, present security of the digital economy 7 and infrastructure and cybersecurity policy ef- 8 forts before the Commission, Congress, and 9 elsewhere; 10 ‘‘(H) provide advice and assistance to the 11 Assistant Secretary in carrying out the policy 12 responsibilities of the NTIA with respect to cy- 13 bersecurity policy matters, including the evalua- 14 tion of the impact of cybersecurity matters 15 pending before the Commission, other Federal 16 agencies, and Congress; 17 ‘‘(I) in addition to the duties described in 18 subparagraph (H), perform such other duties 19 regarding the policy responsibilities of the 20 NTIA with respect to cybersecurity policy mat- 21 ters as the Assistant Secretary considers appro- 22 priate; 23 ‘‘(J) develop policies to accelerate innova- 24 tion and commercialization with respect to ad- 25 VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1526 IS vances in technological understanding of com- 1 munications technologies; 2 ‘‘(K) identify barriers to trust, security, in- 3 novation, and commercialization with respect to 4 communications technologies, including access 5 to capital and other resources, and ways to 6 overcome such barriers; 7 ‘‘(L) provide public access to relevant data, 8 research, and technical assistance on innovation 9 and commercialization with respect to commu- 10 nications technologies, consistent with the pro- 11 tection of classified information; 12 ‘‘(M) strengthen collaboration on and co- 13 ordination of policies relating to innovation and 14 commercialization with respect to communica- 15 tions technologies, including policies focused on 16 the needs of small businesses and rural commu- 17 nities— 18 ‘‘(i) within the Department of Com- 19 merce; 20 ‘‘(ii) between the Department of Com- 21 merce and State government agencies, as 22 appropriate; and 23 ‘‘(iii) between the Department of 24 Commerce and the Commission or any 25 VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1526 IS other Federal agency the Assistant Sec- 1 retary determines to be necessary; and 2 ‘‘(N) solicit and consider feedback from 3 small and rural communications service pro- 4 viders, as appropriate.’’. 5 (b) TRANSITIONAL RULES.— 6 (1) REDESIGNATION OF ASSOCIATE ADMINIS- 7 TRATOR; CONTINUATION OF SERVICE.— 8 (A) REDESIGNATION.—The position of As- 9 sociate Administrator for Policy Analysis and 10 Development at the NTIA is hereby redesig- 11 nated as the position of Associate Adminis- 12 trator for Policy Development and Cybersecu- 13 rity. 14 (B) CONTINUATION OF SERVICE.—The in- 15 dividual serving as Associate Administrator for 16 Policy Analysis and Development at the NTIA 17 on the date of enactment of this Act shall be- 18 come, as of such date, the Associate Adminis- 19 trator for Policy Development and Cybersecu- 20 rity. 21 (2) NTIA DEFINED.—In this subsection, the 22 term ‘‘NTIA’’ means the National Telecommuni- 23 cations and Information Administration. 24 Æ VerDate Sep 11 2014 23:00 May 19, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S1526.IS S1526 kjohnson on DSK79L0C42PROD with BILLS