[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.
____________________