II 

115TH CONGRESS 

1ST SESSION S. 88 

To ensure appropriate spectrum planning and interagency coordination to 

support the Internet of Things. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 10, 2017 

Mrs. FISCHER (for herself, Mr. BOOKER, Mr. GARDNER, and Mr. SCHATZ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

A BILL 

To ensure appropriate spectrum planning and interagency 

coordination to support the Internet of Things. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Developing Innovation 

5 and Growing the Internet of Things Act’’ or ‘‘DIGIT 

6 Act’’. 

7 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) the Internet of Things refers to the growing 

10 number of connected and interconnected devices; 


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1 (2) estimates indicate that more than 

2 50,000,000,000 devices will be connected to the 

3 Internet by the year 2020; 

4 (3) the Internet of Things has the potential to 

5 generate trillions of dollars in new economic activity 

6 around the world; 

7 (4) businesses across the United States can de8 velop new services and products, improve operations, 

9 simplify logistics, cut costs, and pass savings on to 

10 consumers by utilizing the Internet of Things and 

11 related innovations; 

12 (5) the United States leads the world in the de13 velopment of technologies that support the Internet 

14 and the United States technology sector is well-posi15 tioned to lead in the development of technologies for 

16 the Internet of Things; 

17 (6) the United States Government can imple18 ment this technology to better deliver services to the 

19 public; and 

20 (7) the United States Senate unanimously 

21 passed Senate Resolution 110, 114th Congress, 

22 agreed to March 24, 2015, calling for a national 

23 strategy for the development of the Internet of 

24 Things. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that policies governing the Internet of Things should 

3 maximize the potential and development of the Internet 

4 of Things to benefit all stakeholders, including businesses, 

5 governments, and consumers. 

6 SEC. 3. DEFINITIONS. 

7 In this Act: 

8 (1) APPROPRIATE COMMITTEES OF CON9 GRESS.—The term ‘‘appropriate committees of Con10 gress’’ means— 

11 (A) the Committee on Commerce, Science, 

12 and Transportation of the Senate; and 

13 (B) the Committee on Energy and Com14 merce of the House of Representatives. 

15 (2) COMMISSION.—The term ‘‘Commission’’ 

16 means the Federal Communications Commission. 

17 (3) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Commerce. 

19 (4) STEERING COMMITTEE.—The term ‘‘steer20 ing committee’’ means the steering committee estab21 lished under section 4(e)(1). 

22 (5) WORKING GROUP.—The term ‘‘working 

23 group’’ means the working group convened under 

24 section 4(a). 


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1 SEC. 4. FEDERAL WORKING GROUP. 

2 (a) IN GENERAL.—The Secretary shall convene a 

3 working group of Federal stakeholders for the purpose of 

4 providing recommendations and a report to Congress re5 lated to the aspects of the Internet of Things described 

6 in subsection (b). 

7 (b) DUTIES.—The working group shall— 

8 (1) identify any Federal regulations, statutes, 

9 grant practices, budgetary or jurisdictional chal10 lenges, and other sector-specific policies that are in11 hibiting or could inhibit the development of the 

12 Internet of Things; 

13 (2) consider policies or programs that encour14 age and improve coordination among Federal agen15 cies with jurisdiction over the Internet of Things; 

16 (3) consider any findings or recommendations 

17 made by the steering committee and, where appro18 priate, act to implement those recommendations; and 

19 (4) examine— 

20 (A) how Federal agencies can benefit from 

21 utilizing the Internet of Things; 

22 (B) the use of Internet of Things tech23 nology by Federal agencies as of the date the 

24 working group performs the examination; 


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1 (C) the preparedness and ability of Federal 

2 agencies to adopt Internet of Things technology 

3 in the future; and 

4 (D) any additional security measures that 

5 Federal agencies may need to take to— 

6 (i) safely and securely use the Inter7 net of Things; and 

8 (ii) enhance the resiliency of Federal 

9 systems against cyber threats to the Inter10 net of Things. 

11 (c) AGENCY REPRESENTATIVES.—In convening the 

12 working group under subsection (a), the Secretary shall 

13 have discretion to appoint representatives and shall spe14 cifically consider seeking representation from— 

15 (1) the Department of Commerce, including— 

16 (A) the National Telecommunications and 

17 Information Administration; 

18 (B) the National Institute of Standards 

19 and Technology; and 

20 (C) the National Oceanic and Atmospheric 

21 Administration; 

22 (2) the Department of Transportation; 

23 (3) the Department of Homeland Security; 

24 (4) the Office of Management and Budget; 

25 (5) the National Science Foundation; 


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1 (6) the Commission; 

2 (7) the Federal Trade Commission; 

3 (8) the Office of Science and Technology Policy; 

4 and 

5 (9) the Department of Energy. 

6 (d) NONGOVERNMENTAL STAKEHOLDERS.—The 

7 working group shall consult with nongovernmental stake8 holders, including— 

9 (1) the steering committee; 

10 (2) information and communications technology 

11 manufacturers, suppliers, service providers, and ven12 dors; 

13 (3) subject matter experts representing indus14 trial sectors other than the technology sector that 

15 can benefit from the Internet of Things, including 

16 the agriculture and health care sectors; 

17 (4) small, medium, and large businesses; 

18 (5) think tanks and academia; 

19 (6) nonprofits and consumer groups; 

20 (7) rural stakeholders; and 

21 (8) other stakeholders with relevant expertise, 

22 as determined by the Secretary. 

23 (e) STEERING COMMITTEE.— 


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1 (1) ESTABLISHMENT.—There is established 

2 within the Department of Commerce a steering com3 mittee to advise the working group. 

4 (2) DUTIES.—The steering committee shall ad5 vise the working group with regard to— 

6 (A) the identification of any Federal regu7 lations, statutes, grant practices, programs, 

8 budgetary or jurisdictional challenges, and 

9 other sector-specific policies that are inhibiting 

10 or could inhibit the development of the Internet 

11 of Things; 

12 (B) whether adequate spectrum is available 

13 to support the growing Internet of Things and 

14 what legal or regulatory barriers may exist to 

15 providing any spectrum needed in the future; 

16 (C) policies or programs that— 

17 (i) promote or are related to the pri18 vacy of individuals who use or are affected 

19 by the Internet of Things; 

20 (ii) may enhance the security of the 

21 Internet of Things; 

22 (iii) may protect users of the Internet 

23 of Things; and 


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1 (iv) may encourage coordination 

2 among Federal agencies with jurisdiction 

3 over the Internet of Things; 

4 (D) the opportunities and challenges asso5 ciated with the use of Internet of Things tech6 nology by small businesses; and 

7 (E) any international proceeding, inter8 national negotiation, or other international mat9 ter affecting the Internet of Things to which 

10 the United States is or should be a party. 

11 (3) MEMBERSHIP.—The Secretary shall appoint 

12 to the steering committee members representing a 

13 wide range of stakeholders outside of the Federal 

14 Government with expertise relating to the Internet 

15 of Things, including— 

16 (A) information and communications tech17 nology manufacturers, suppliers, service pro18 viders, and vendors; 

19 (B) subject matter experts representing in20 dustrial sectors other than the technology sector 

21 that can benefit from the Internet of Things, 

22 including the agriculture and health care sec23 tors; 

24 (C) small, medium, and large businesses; 

25 (D) think tanks and academia; 


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1 (E) nonprofit organizations and consumer 

2 groups; 

3 (F) rural stakeholders; and 

4 (G) other stakeholders with relevant exper5 tise, as determined by the Secretary. 

6 (4) REPORT.—Not later than 1 year after the 

7 date of enactment of this Act, the steering com8 mittee shall submit to the working group a report 

9 that includes any findings or recommendations of 

10 the steering committee. 

11 (5) INDEPENDENT ADVICE.— 

12 (A) IN GENERAL.—The steering committee 

13 shall set the agenda of the steering committee 

14 in carrying out the duties of the steering com15 mittee under paragraph (2). 

16 (B) SUGGESTIONS.—The working group 

17 may suggest topics or items for the steering 

18 committee to study, and the steering committee 

19 shall take such suggestions into consideration in 

20 carrying out the duties of the steering com21 mittee. 

22 (C) REPORT.—The steering committee 

23 shall ensure that the report submitted under 

24 paragraph (4) is the result of the independent 

25 judgment of the steering committee. 


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1 (6) TERMINATION.—The steering committee 

2 shall terminate on the date on which the working 

3 group submits the report under subsection (f) un4 less, on or before that date, the Secretary files a new 

5 charter for the steering committee under section 9(c) 

6 of the Federal Advisory Committee Act (5 U.S.C. 

7 App.). 

8 (f) REPORT TO CONGRESS.— 

9 (1) IN GENERAL.—Not later than 18 months 

10 after the date of enactment of this Act, the working 

11 group shall submit to the appropriate committees of 

12 Congress a report that includes— 

13 (A) the findings and recommendations of 

14 the working group with respect to the duties of 

15 the working group under subsection (b); 

16 (B) the report submitted by the steering 

17 committee under subsection (e)(4), as the re18 port was received by the working group; 

19 (C) recommendations for action or reasons 

20 for inaction, as applicable, on each rec21 ommendation made by the steering committee 

22 in the report submitted under subsection (e)(4); 

23 and 

24 (D) an accounting of any progress made 

25 by Federal agencies to implement recommendaVerDate Sep 11 2014 20:19 Jan 19, 2017 Jkt 069200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S88.IS S88

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1 tions made by the working group or the steer2 ing committee. 

3 (2) COPY OF REPORT.—Any committee of Con4 gress, upon request, may obtain a copy of the report 

5 submitted under paragraph (1). 

6 SEC. 5. ASSESSING SPECTRUM NEEDS. 

7 (a) IN GENERAL.—The Commission, in consultation 

8 with the National Telecommunications and Information 

9 Administration, shall issue a notice of inquiry seeking pub10 lic comment on the current, as of the date of enactment 

11 of this Act, and future spectrum needs of the Internet of 

12 Things. 

13 (b) REQUIREMENTS.—In issuing the notice of inquiry 

14 under subsection (a), the Commission shall seek comments 

15 that consider and evaluate— 

16 (1) whether adequate spectrum is available to 

17 support the growing Internet of Things; 

18 (2) what regulatory barriers may exist to pro19 viding any needed spectrum for the Internet of 

20 Things; and 

21 (3) what the role of licensed and unlicensed 

22 spectrum is and will be in the growth of the Internet 

23 of Things. 

24 (c) REPORT.—Not later than 1 year after the date 

25 of enactment of this Act, the Commission shall submit to 


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1 the appropriate committees of Congress a report summa2 rizing the comments submitted in response to the notice 

3 of inquiry issued under subsection (a). 

Æ 


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