IC 

115TH CONGRESS 

1ST SESSION S. 88 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2017 

Referred to the Committee on Energy and Commerce 

AN ACT 

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, 

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1 SECTION 1. SHORT TITLE. 

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

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

4 Act’’. 

5 SEC. 2. FINDINGS; SENSE OF CONGRESS. 

6 (a) FINDINGS.—Congress finds that— 

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

8 number of connected and interconnected devices; 

9 (2) estimates indicate that more than 

10 50,000,000,000 devices will be connected to the 

11 Internet by 2020; 

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

13 generate trillions of dollars in new economic activity 

14 around the world; 

15 (4) businesses across the United States can de16 velop new services and products, improve operations, 

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

18 consumers by utilizing the Internet of Things and 

19 related innovations; 

20 (5) the United States leads the world in the de21 velopment of technologies that support the Internet 

22 and the United States technology sector is well-posi23 tioned to lead in the development of technologies for 

24 the Internet of Things; 

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1 (6) the United States Government can imple2 ment this technology to better deliver services to the 

3 public; and 

4 (7) the Senate unanimously passed Senate Res5 olution 110, 114th Congress, agreed to March 24, 

6 2015, calling for a national strategy for the develop7 ment of the Internet of Things. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that policies governing the Internet of Things should 

10 maximize the potential and development of the Internet 

11 of Things to benefit all stakeholders, including businesses, 

12 governments, and consumers. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

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

16 means the Federal Communications Commission. 

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

18 the Secretary of Commerce. 

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

22 (4) 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 lating 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 on 

24 which the working group performs the examina25 tion; 

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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, including measures that en8 sure the security of critical infrastructure; 

9 and 

10 (ii) enhance the resiliency of Federal 

11 systems against cyber threats to the Inter12 net of Things. 

13 (c) AGENCY REPRESENTATIVES.—In convening the 

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

15 have discretion to appoint representatives and shall spe16 cifically consider seeking representation from— 

17 (1) the Department of Commerce, including— 

18 (A) the National Telecommunications and 

19 Information Administration; 

20 (B) the National Institute of Standards 

21 and Technology; and 

22 (C) the National Oceanic and Atmospheric 

23 Administration; 

24 (2) the Department of Transportation; 

25 (3) the Department of Homeland Security; 

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1 (4) the Office of Management and Budget; 

2 (5) the National Science Foundation; 

3 (6) the Commission; 

4 (7) the Federal Trade Commission; 

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

6 (9) the Department of Energy; and 

7 (10) the Federal Energy Regulatory Commis8 sion. 

9 (d) NONGOVERNMENTAL STAKEHOLDERS.—The 

10 working group shall consult with nongovernmental stake11 holders, including— 

12 (1) the steering committee; 

13 (2) information and communications technology 

14 manufacturers, suppliers, service providers, and ven15 dors; 

16 (3) subject matter experts representing indus17 trial sectors other than the technology sector that 

18 can benefit from the Internet of Things, including 

19 the energy, agriculture, and health care sectors; 

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

21 (5) think tanks and academia; 

22 (6) nonprofit organizations and consumer 

23 groups; 

24 (7) rural stakeholders; and 

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1 (8) other stakeholders with relevant expertise, 

2 as determined by the Secretary. 

3 (e) STEERING COMMITTEE.— 

4 (1) ESTABLISHMENT.—There is established 

5 within the Department of Commerce a steering com6 mittee to advise the working group. 

7 (2) DUTIES.—The steering committee shall ad8 vise the working group with respect to— 

9 (A) the identification of any Federal regu10 lations, statutes, grant practices, programs, 

11 budgetary or jurisdictional challenges, and 

12 other sector-specific policies that are inhibiting, 

13 or could inhibit, the development of the Internet 

14 of Things; 

15 (B) whether adequate spectrum is available 

16 to support the growing Internet of Things and 

17 what legal or regulatory barriers may exist to 

18 providing any spectrum needed in the future; 

19 (C) policies or programs that— 

20 (i) promote or are related to the pri21 vacy of individuals who use or are affected 

22 by the Internet of Things; 

23 (ii) may enhance the security of the 

24 Internet of Things, including the security 

25 of critical infrastructure; 

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1 (iii) may protect users of the Internet 

2 of Things; and 

3 (iv) may encourage coordination 

4 among Federal agencies with jurisdiction 

5 over the Internet of Things; 

6 (D) the opportunities and challenges asso7 ciated with the use of Internet of Things tech8 nology by small businesses; and 

9 (E) any international proceeding, inter10 national negotiation, or other international mat11 ter affecting the Internet of Things to which 

12 the United States is or should be a party. 

13 (3) MEMBERSHIP.—The Secretary shall appoint 

14 to the steering committee members representing a 

15 wide range of stakeholders outside of the Federal 

16 Government with expertise relating to the Internet 

17 of Things, including— 

18 (A) information and communications tech19 nology manufacturers, suppliers, service pro20 viders, and vendors; 

21 (B) subject matter experts representing in22 dustrial sectors other than the technology sector 

23 that can benefit from the Internet of Things, 

24 including the energy, agriculture, and health 

25 care sectors; 

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

2 (D) think tanks and academia; 

3 (E) nonprofit organizations and consumer 

4 groups; 

5 (F) rural stakeholders; and 

6 (G) other stakeholders with relevant exper7 tise, as determined by the Secretary. 

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

9 date of enactment of this Act, the steering com10 mittee shall submit to the working group a report 

11 that includes any findings or recommendations of 

12 the steering committee. 

13 (5) INDEPENDENT ADVICE.— 

14 (A) IN GENERAL.—The steering committee 

15 shall set the agenda of the steering committee 

16 in carrying out the duties of the steering com17 mittee under paragraph (2). 

18 (B) SUGGESTIONS.—The working group 

19 may suggest topics or items for the steering 

20 committee to study, and the steering committee 

21 shall take those suggestions into consideration 

22 in carrying out the duties of the steering com23 mittee. 

24 (C) REPORT.—The steering committee 

25 shall ensure that the report submitted under 

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1 paragraph (4) is the result of the independent 

2 judgment of the steering committee. 

3 (6) TERMINATION.—The steering committee 

4 shall terminate on the date on which the working 

5 group submits the report under subsection (f) un6 less, on or before that date, the Secretary files a new 

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

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

9 App.). 

10 (f) REPORT TO CONGRESS.— 

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

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

13 group shall submit to Congress a report that in14 cludes— 

15 (A) the findings and recommendations of 

16 the working group with respect to the duties of 

17 the working group under subsection (b); 

18 (B) the report submitted by the steering 

19 committee under subsection (e)(4), as the re20 port was received by the working group; 

21 (C) recommendations for action or reasons 

22 for inaction, as applicable, with respect to each 

23 recommendation made by the steering com24 mittee in the report submitted under subsection 

25 (e)(4); and 

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1 (D) an accounting of any progress made 

2 by Federal agencies to implement recommenda3 tions made by the working group or the steer4 ing committee. 

5 (2) COPY OF REPORT.—The working group 

6 shall submit a copy of the report described in para7 graph (1) to— 

8 (A) the Committee on Commerce, Science, 

9 and Transportation and the Committee on En10 ergy and Natural Resources of the Senate; 

11 (B) the Committee on Energy and Com12 merce of the House of Representatives; and 

13 (C) any other committee of Congress, upon 

14 request to the working group. 

15 SEC. 5. ASSESSING SPECTRUM NEEDS. 

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

17 with the National Telecommunications and Information 

18 Administration, shall issue a notice of inquiry seeking pub19 lic comment on the current, as of the date of enactment 

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

21 Things. 

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

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

24 that consider and evaluate— 

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1 (1) whether adequate spectrum is available to 

2 support the growing Internet of Things; 

3 (2) what regulatory barriers may exist to pro4 viding any needed spectrum for the Internet of 

5 Things; and 

6 (3) what the role of licensed and unlicensed 

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

8 of Things. 

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

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

11 the Committee on Commerce, Science, and Transportation 

12 of the Senate and the Committee on Energy and Com13 merce of the House of Representatives a report summa14 rizing the comments submitted in response to the notice 

15 of inquiry issued under subsection (a). 

Passed the Senate August 3, 2017. 

Attest: JULIE E. ADAMS, 

Secretary. 

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