[Congressional Record Volume 166, Number 195 (Tuesday, November 17, 2020)]
[House]
[Pages H5825-H5827]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 SPECTRUM IT MODERNIZATION ACT OF 2020

  Mr. PALLONE. Madam Speaker, I move to suspend the rules and pass the 
bill (H.R. 7310) to require the Assistant Secretary of Commerce for 
Communications and Information to submit to Congress a plan for the 
modernization of the information technology systems of the National 
Telecommunications and Information Administration, and for other 
purposes.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 7310

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Spectrum IT Modernization 
     Act of 2020''.

     SEC. 2. MODERNIZATION EFFORT.

       (a) Definitions.--In this section--
       (1) the term ``Assistant Secretary'' means the Assistant 
     Secretary of Commerce for Communications and Information;
       (2) the term ``covered agency''--
       (A) means any Federal entity that the Assistant Secretary 
     determines is appropriate; and
       (B) includes the Department of Defense;
       (3) the term ``Federal entity'' has the meaning given the 
     term in section 113(l) of the National Telecommunications and 
     Information Administration Organization Act (47 U.S.C. 
     923(l));
       (4) the term ``Federal spectrum'' means frequencies 
     assigned on a primary basis to a covered agency;
       (5) the term ``infrastructure'' means information 
     technology systems and information technologies, tools, and 
     databases; and
       (6) the term ``NTIA'' means the National Telecommunications 
     and Information Administration.
       (b) Initial Interagency Spectrum Information Technology 
     Coordination.--Not later than 90 days after the date of 
     enactment of this Act, the Assistant Secretary, in 
     consultation with the Policy and Plans Steering Group, shall 
     identify a process to establish goals, including parameters 
     to measure the achievement of those goals, for the 
     modernization of the infrastructure of covered agencies 
     relating to managing the use of Federal spectrum by those 
     agencies, which shall include--
       (1) the standardization of data inputs, modeling 
     algorithms, modeling and simulation processes, analysis tools 
     with respect to Federal spectrum, assumptions, and any other 
     tool to ensure interoperability and functionality with 
     respect to that infrastructure;
       (2) other potential innovative technological capabilities 
     with respect to that infrastructure, including cloud-based 
     databases, artificial intelligence technologies, automation, 
     and improved modeling and simulation capabilities;
       (3) ways to improve the management of covered agencies' use 
     of Federal spectrum through that infrastructure, including 
     by--
       (A) increasing the efficiency of that infrastructure;
       (B) addressing validation of usage with respect to that 
     infrastructure;
       (C) increasing the accuracy of that infrastructure;
       (D) validating models used by that infrastructure; and
       (E) monitoring and enforcing requirements that are imposed 
     on covered agencies with respect to the use of Federal 
     spectrum by covered agencies;
       (4) ways to improve the ability of covered agencies to meet 
     mission requirements in congested environments with respect 
     to Federal spectrum, including as part of automated 
     adjustments to operations based on changing conditions in 
     those environments;
       (5) the creation of a time-based automated mechanism--
       (A) to share Federal spectrum between covered agencies to 
     collaboratively and dynamically increase access to Federal 
     spectrum by those agencies; and
       (B) that could be scaled across Federal spectrum; and
       (6) the collaboration between covered agencies necessary to 
     ensure the interoperability of Federal spectrum.

[[Page H5826]]

       (c) Spectrum Information Technology Modernization.--
       (1) In general.--Not later than 240 days after the date of 
     enactment of this Act, the Assistant Secretary shall submit 
     to Congress a report that contains the plan of the NTIA to 
     modernize and automate the infrastructure of the NTIA 
     relating to managing the use of Federal spectrum by covered 
     agencies so as to more efficiently manage that use.
       (2) Contents.--The report required under paragraph (1) 
     shall include--
       (A) an assessment of the current, as of the date on which 
     the report is submitted, infrastructure of the NTIA described 
     in that paragraph;
       (B) an acquisition strategy for the modernized 
     infrastructure of the NTIA described in that paragraph, 
     including how that modernized infrastructure will enable 
     covered agencies to be more efficient and effective in the 
     use of Federal spectrum;
       (C) a timeline for the implementation of the modernization 
     efforts described in that paragraph;
       (D) plans detailing how the modernized infrastructure of 
     the NTIA described in that paragraph will--
       (i) enhance the security and reliability of that 
     infrastructure so that such infrastructure satisfies the 
     requirements of the Federal Information Security Management 
     Act of 2002 (Public Law 107-296; 116 Stat. 2135);
       (ii) improve data models and analysis tools to increase the 
     efficiency of the spectrum use described in that paragraph;
       (iii) enhance automation and workflows, and reduce the 
     scope and level of manual effort, in order to--

       (I) administer the management of the spectrum use described 
     in that paragraph; and
       (II) improve data quality and processing time; and

       (iv) improve the timeliness of spectrum analyses and 
     requests for information, including requests submitted 
     pursuant to section 552 of title 5, United States Code;
       (E) an operations and maintenance plan with respect to the 
     modernized infrastructure of the NTIA described in that 
     paragraph;
       (F) a strategy for coordination between the covered 
     agencies within the Policy and Plans Steering Group, which 
     shall include--
       (i) a description of--

       (I) those coordination efforts, as in effect on the date on 
     which the report is submitted; and
       (II) a plan for coordination of those efforts after the 
     date on which the report is submitted, including with respect 
     to the efforts described in subsection (d);

       (ii) a plan for standardizing--

       (I) electromagnetic spectrum analysis tools;
       (II) modeling and simulation processes and technologies; 
     and
       (III) databases to provide technical interference 
     assessments that are usable across the Federal Government as 
     part of a common spectrum management infrastructure for 
     covered agencies;

       (iii) a plan for each covered agency to implement a 
     modernization plan described in subsection (d)(1) that is 
     tailored to the particular timeline of the agency;
       (G) identification of manually intensive processes involved 
     in managing Federal spectrum and proposed enhancements to 
     those processes;
       (H) metrics to evaluate the success of the modernization 
     efforts described in that paragraph and any similar future 
     efforts; and
       (I) an estimate of the cost of the modernization efforts 
     described in that paragraph and any future maintenance with 
     respect to the modernized infrastructure of the NTIA 
     described in that paragraph, including the cost of any 
     personnel and equipment relating to that maintenance.
       (d) Interagency Inputs.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the head of each covered agency shall 
     submit to the Assistant Secretary and the Policy and Plans 
     Steering Group a report that describes the plan of the agency 
     to modernize the infrastructure of the agency with respect to 
     the use of Federal spectrum by the agency so that such 
     modernized infrastructure of the agency is interoperable with 
     the modernized infrastructure of the NTIA, as described in 
     subsection (c).
       (2) Contents.--Each report submitted by the head of a 
     covered agency under paragraph (1) shall--
       (A) include--
       (i) an assessment of the current, as of the date on which 
     the report is submitted, management capabilities of the 
     agency with respect to the use of frequencies that are 
     assigned to the agency, which shall include a description of 
     any challenges faced by the agency with respect to that 
     management;
       (ii) a timeline for completion of the modernization efforts 
     described in that paragraph;
       (iii) a description of potential innovative technological 
     capabilities for the management of frequencies that are 
     assigned to the agency, as determined under subsection (b);
       (iv) identification of agency-specific requirements or 
     constraints relating to the infrastructure of the agency;
       (v) identification of any existing, as of the date on which 
     the report is submitted, systems of the agency that are 
     duplicative of the modernized infrastructure of the NTIA, as 
     proposed under subsection (c); and
       (vi) with respect to the report submitted by the Secretary 
     of Defense--

       (I) a strategy for the integration of systems or the flow 
     of data among the Armed Forces, the military departments, the 
     Defense Agencies and Department of Defense Field Activities, 
     and other components of the Department of Defense;
       (II) a plan for the implementation of solutions to the use 
     of Federal spectrum by the Department of Defense involving 
     information at multiple levels of classification; and
       (III) a strategy for addressing, within the modernized 
     infrastructure of the Department of Defense described in that 
     paragraph, the exchange of information between the Department 
     of Defense and the NTIA in order to accomplish required 
     processing of all Department of Defense domestic spectrum 
     coordination and management activities; and

       (B) be submitted in an unclassified format, with a 
     classified annex, as appropriate.
       (3) Notification of congress.--Upon submission of the 
     report required under paragraph (1), the head of each covered 
     agency shall notify Congress that the head of the covered 
     agency has submitted the report.
       (e) GAO Oversight.--The Comptroller General of the United 
     States shall--
       (1) not later than 90 days after the date of enactment of 
     this Act, conduct a review of the infrastructure of covered 
     agencies, as that infrastructure exists on the date of 
     enactment of this Act;
       (2) after all of the reports required under subsection (d) 
     have been submitted, conduct oversight of the implementation 
     of the modernization plans submitted by the NTIA and covered 
     agencies under subsections (c) and (d), respectively;
       (3) not later than 1 year after the date on which the 
     Comptroller General begins conducting oversight under 
     paragraph (2), and annually thereafter, submit a report 
     regarding that oversight to--
       (A) with respect to the implementation of the modernization 
     plan of the Department of Defense, the Committee on Armed 
     Services of the Senate and the Committee on Armed Services of 
     the House of Representatives; and
       (B) with respect to the implementation of the modernization 
     plans of all covered agencies, including the Department of 
     Defense, the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Energy and 
     Commerce of the House of Representatives; and
       (4) provide regular briefings to--
       (A) with respect to the application of this section to the 
     Department of Defense, the Committee on Armed Services of the 
     Senate and the Committee on Armed Services of the House of 
     Representatives; and
       (B) with respect to the application of this section to all 
     covered agencies, including the Department of Defense, the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey (Mr. Pallone) and the gentleman from Oregon (Mr. Walden) each 
will control 20 minutes.
  The Chair recognizes the gentleman from New Jersey.


                             General Leave

  Mr. PALLONE. Madam Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on H.R. 7310.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  Mr. PALLONE. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I rise today in support of H.R. 7310, the Spectrum IT 
Modernization Act.
  This country has an ever-increasing need for access to the Nation's 
airwaves, and that is as true for Federal agencies as it is for average 
Americans.
  We use the airwaves for so many critical things: military radars, air 
traffic control, space communications, our cell phones, televisions, 
WiFi routers, Bluetooth speakers, and the list goes on. That is why we 
must do everything we can to ensure that we are making the best, most 
efficient use of our Federal airwaves.
  H.R. 7310, the Spectrum IT Modernization Act, takes vital steps 
toward being more efficient with our airwaves by making sure that the 
Federal Government has the most up-to-date systems to manage its 
frequencies, sometimes called spectrum. This bill makes sure that those 
systems are compatible and interoperable between Federal agencies.
  The Spectrum IT Modernization Act will also help to promote more 
efficient use of our Nation's airwaves by encouraging spectrum sharing 
and by updating our Federal spectrum management systems.
  This bipartisan legislation was introduced by Communications and 
Technology Subcommittee Chairman  Mike

[[Page H5827]]

Doyle and Ranking Member  Bob Latta, as well as Representative Walberg 
and Representative Larsen from Washington.
  More specifically, this bipartisan bill would require the National 
Telecommunications and Information Administration, or NTIA, in 
consultation with the Policy and Plans Steering Group, to identify a 
process to modernize our Federal spectrum management infrastructure. It 
would require the NTIA to examine ways to improve coordination between 
Federal agencies and improve the ability of those agencies to meet 
their mission requirements in congested spectrum environments--in other 
words, share spectrum.
  It would require the NTIA to report back to us in less than a year's 
time to tell us what the plan is for updating and improving our Federal 
spectrum management, because this is something that needs to be done 
sooner rather than later.
  Mr. Speaker, this legislation would also require the Comptroller 
General of the United States to conduct oversight of the implementation 
of the modernization plan submitted by the NTIA and report to Congress 
annually on that process.
  By managing our Federal spectrum infrastructure and making it 
interoperable, Federal entities and the NTIA will be able to increase 
the efficiency of Federal spectrum use. This is a good thing for our 
country, and it is certainly important that we do it now.
  So I hope that my colleagues on both sides of the aisle will join me 
in voting to pass this important bill, and I reserve the balance of my 
time.

                                         House of Representatives,


                                  Committee on Armed Services,

                                Washington, DC, November 17, 2020.
     Hon.  Frank Pallone, Jr.,
     Chairman, Committee on Energy and Commerce,
     House of Representatives, Washington, DC.
       Dear Chairman Pallone: I write concerning H.R. 7310, the 
     Spectrum IT Modernization Act of 2020. As a result of your 
     having consulted with us on provisions within H.R. 7310 that 
     fall within the Rule X jurisdiction of the Committee on Armed 
     Services, I forego any further consideration of this bill so 
     that it may proceed expeditiously to the House floor for 
     consideration.
       The Committee on Armed Services takes this action with our 
     mutual understanding that by foregoing consideration of H.R. 
     7310 at this time, we do not waive any jurisdiction over 
     subject matter contained in this or similar legislation and 
     that our committee will be appropriately consulted and 
     involved as this bill or similar legislation moves forward so 
     that we may address any remaining issues in our jurisdiction.
       Finally, I ask that a copy of our exchange of letters on 
     this matter be included in the bill report filed by the 
     Energy and Commerce Committee, as well as in the 
     Congressional Record during floor consideration, to 
     memorialize our understanding. Thank you for the cooperative 
     spirit in which you have worked regarding this matter and 
     others between our respective committees.
           Sincerely,
                                                       Adam Smith,
     Chairman.
                                  ____

                                         House of Representatives,


                             Committee on Energy and Commerce,

                                Washington, DC, November 17, 2020.
     Hon.  Adam Smith,
     Chairman, Committee on Armed Services,
     House of Representatives, Washington, DC.
       Dear Chairman Smith: Thank you for consulting with the 
     Committee on Energy and Commerce and agreeing to be 
     discharged from further consideration of H.R. 7310, the 
     Spectrum IT Modernization Act of 2020, so that the bill may 
     proceed expeditiously to the House floor.
       I agree that your forgoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee or prejudice its jurisdictional prerogatives 
     on this measure or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on H.R. 7310 into the 
     Congressional Record during floor consideration of the bill. 
     I appreciate your cooperation regarding this legislation and 
     look forward to continuing to work together as this measure 
     moves through the legislative process.
           Sincerely,
                                               Frank Pallone, Jr.,
                                                         Chairman.

  Mr. WALDEN. Mr. Speaker, I yield myself such time as I may consume.
  I rise today in support of H.R. 7310, the Spectrum IT Modernization 
Act.
  I would like to thank Chairman Doyle and his team for working with 
us, along with our colleagues in the Senate who introduced this bill, 
Senators Wicker, Cantwell, Inhofe, and Reed.
  Today's bipartisan legislation will help improve NTIA's ability to 
fulfill its mandate of managing spectrum among Federal agencies.
  The Energy and Commerce Committee has long conducted oversight of our 
Nation's spectrum resources, and we work to balance the critical agency 
mission needs and the demand to make spectrum available for commercial 
users.
  Through NTIA and the Federal Communications Commission, we have 
successfully made Federal spectrum available for commercial use, which 
is why the United States has led the world in deploying advanced 
networks such as 3G and 4G, and we are continuing these efforts to 
maintain U.S. leadership in 5G.
  Working across all of the Federal agencies has resulted in 
unprecedented commercial access to our airwave resources--like the 
recently announced 100 megahertz of spectrum identified for commercial 
use that the FCC will auction next year--and has garnered billions of 
dollars in private investment by the private sector.
  In order to leverage the efficiencies and innovation from our free 
market system, NTIA must have visibility across Federal agencies as to 
how agencies are using or not using these critical resources consistent 
with their statutory mission.
  As our world continues to demand increased connectivity, it is 
essential that we harness technological innovations and empower the 
NTIA to efficiently track Federal spectrum use to identify new 
opportunities to improve efficiency. Done correctly, this results in 
benefits for American consumers, taxpayers, and, frankly, the Federal 
agencies as well.
  H.R. 7310 would require NTIA to establish a process to upgrade their 
spectrum management infrastructure for the 21st century. The bill would 
direct the policy coordination arm of NTIA to submit a plan to Congress 
as to how they will standardize the data collection across agencies and 
then directs agencies with Federal spectrum assignments from NTIA to 
issue an implementation plan to interoperate with NTIA's plan.
  This is a good-government bill--it really is--and with continued 
support and oversight from Congress, we can continue the United States' 
leadership in making Federal spectrum available for flexible use by the 
private sector. So I encourage my colleagues to support the 
legislation.
  Mr. Speaker, I have no further speakers. I urge passage of the 
legislation, and I yield back the balance of my time.
  Mr. PALLONE. Mr. Speaker, I have no additional speakers, so I urge 
support of the bill, and I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Himes). The question is on the motion 
offered by the gentleman from New Jersey (Mr. Pallone) that the House 
suspend the rules and pass the bill, H.R. 7310.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill was passed.
  A motion to reconsider was laid on the table.

                          ____________________