SMART Spectrum Act

Subjects: Science, Technology, Communications


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1677 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 1677

To amend the National Telecommunications and Information Administration 
Organization Act to provide for an incumbent informing capability, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 21, 2023

Mr. Guthrie (for himself and Ms. Matsui) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the National Telecommunications and Information Administration 
Organization Act to provide for an incumbent informing capability, and 
                          for other purposes.

    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 ``Simplifying Management, Access, 
Reallocation, and Transfer of Spectrum Act'' or the ``SMART Spectrum 
Act''.

SEC. 2. INCUMBENT INFORMING CAPABILITY.

    Part B of the National Telecommunications and Information 
Administration Organization Act (47 U.S.C. 921 et seq.) is amended by 
adding at the end the following:

``SEC. 120. INCUMBENT INFORMING CAPABILITY.

    ``(a) In General.--The Assistant Secretary shall--
            ``(1) not later than 120 days after the date of the 
        enactment of this section, begin to amend the Department of 
        Commerce spectrum management document entitled `Manual of 
        Regulations and Procedures for Federal Radio Frequency 
        Management' so as to incorporate an incumbent informing 
        capability; and
            ``(2) not later than the date on which amounts appropriated 
        to carry out this section are first made available, begin to 
        implement such capability, including the development and 
        testing of such capability.
    ``(b) Establishment of the Incumbent Informing Capability.--
            ``(1) In general.--The incumbent informing capability 
        required by subsection (a) shall include a system to enable 
        sharing, including time-based sharing, to securely manage 
        harmful interference between non-Federal users and incumbent 
        Federal entities sharing a band of covered spectrum and between 
        Federal entities sharing a band of covered spectrum.
            ``(2) Requirements.--The system required by paragraph (1) 
        shall contain, at a minimum, the following:
                    ``(A) One or more mechanisms to allow non-Federal 
                use in covered spectrum, as authorized by the rules of 
                the Commission. Such mechanism or mechanisms shall 
                include interfaces to commercial sharing systems, as 
                appropriate.
                    ``(B) One or more mechanisms to facilitate Federal-
                to-Federal sharing, as authorized by the NTIA.
                    ``(C) One or more mechanisms to prevent, eliminate, 
                or mitigate harmful interference to incumbent Federal 
                entities, including one or more of the following 
                functions:
                            ``(i) Sensing.
                            ``(ii) Identification.
                            ``(iii) Reporting.
                            ``(iv) Analysis.
                            ``(v) Resolution.
                    ``(D) Dynamic coordination area analysis, 
                definition, and control, if appropriate for a band.
            ``(3) Compliance with commission rules.--The incumbent 
        informing capability required by subsection (a) shall ensure 
        that use of covered spectrum is in accordance with the 
        applicable rules of the Commission.
            ``(4) Input of information.--
                    ``(A) In general.--Each incumbent Federal entity 
                sharing a band of covered spectrum shall--
                            ``(i) input into the system required by 
                        paragraph (1) such information as the Assistant 
                        Secretary may require, including the frequency, 
                        time, and location of the use of the band by 
                        such Federal entity; and
                            ``(ii) to the extent practicable, input 
                        such information into such system on an 
                        automated basis.
                    ``(B) Payment of costs.--Notwithstanding 
                subsections (c) through (e) of section 118 and 
                subparagraphs (C) through (E) of subsection (g)(2) of 
                such section, the Director of the Office of Management 
                and Budget, in consultation with the Assistant 
                Secretary, may use amounts available in the Spectrum 
                Relocation Fund to pay the costs incurred by Federal 
                entities to input information as required by 
                subparagraph (A).
            ``(5) Protection of classified information and controlled 
        unclassified information.--The system required by paragraph (1) 
        shall contain appropriate measures to protect classified 
        information and controlled unclassified information, including 
        any such classified information or controlled unclassified 
        information that relates to military operations.
    ``(c) Briefing.--Not later than 1 year after the date on which 
amounts appropriated to carry out this section are first made 
available, the Assistant Secretary shall provide a briefing on the 
implementation of this section to the Committee on Energy and Commerce 
of the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate.
    ``(d) Definitions.--In this section:
            ``(1) Covered spectrum.--The term `covered spectrum' 
        means--
                    ``(A) electromagnetic spectrum for which usage 
                rights are assigned to or authorized for (including 
                before the date on which the incumbent informing 
                capability required by subsection (a) is implemented) a 
                non-Federal user or class of non-Federal users for use 
                on a shared basis with an incumbent Federal entity in 
                accordance with the rules of the Commission; and
                    ``(B) electromagnetic spectrum allocated on a 
                primary or co-primary basis for Federal use that is 
                shared among Federal entities.
            ``(2) Federal entity.--The term `Federal entity' has the 
        meaning given such term in section 113(l).
            ``(3) Incumbent informing capability.--The term `incumbent 
        informing capability' means a capability to facilitate the 
        sharing of covered spectrum.
    ``(e) Rule of Construction.--Nothing in this section shall be 
construed to alter or expand the authority of the NTIA as described in 
section 113(j)(1).''.
                                 &lt;all&gt;
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