FY2021 NDAA, Division A, Title XCII, Section 9203 ("Spectrum information technology modernization efforts")

Summary

Use updated algorithms, data, AI tools, and algorithms to modernize infrastructure. Ways to improve infrastructure include efficiency, validation, accuracy, modeling, and monitoring. The directive aims to enhance covered agencies' capacity to meet mission requirements in congested Federal spectrum environments through the implementation of automated adjustments, the creation of a time-based mechanism for collaborative spectrum sharing among agencies, and fostering collaboration to ensure interoperability.

Within 240 days of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information is required to submit to Congress a report outlining a plan for the National Telecommunications and Information Administration (NTIA) to modernize and automate its infrastructure for managing the use of Federal spectrum by covered agencies, with the goal of improving efficiency in spectrum management in ways such as a timeline for implementation, plans for security enhancement, data model improvement, and workflow automation.

Within one year of the enactment of this Act, the head of each covered agency is required to submit a report to the Assistant Secretary of Commerce for Communications and Information and the Policy and Plans Steering Group outlining a plan to modernize the agency's infrastructure. Each submitted report must include an assessment of their current capabilities, a timeline for completion, management capabilities, agency requirements or restrictions, existing infrastructure, and a plan for safe integration of government data.

The Comptroller General of the United States is mandated to conduct a review of covered agencies' infrastructure within 180 days of the Act's enactment and subsequently oversee the implementation of modernization plans submitted by the Assistant Secretary and covered agencies, providing regular reports and briefings to relevant congressional committees until December 31, 2030. The term "covered agency" includes any Federal entity, as determined by the Assistant Secretary, encompassing the Department of Defense, and "infrastructure" is defined as information technology systems and related tools and databases.

Requires the Assistant Secretary to modernize Federal spectrum management infrastructure through standardization, innovation, and improved collaboration.

SEC. 9203. SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION EFFORTS.

(a) INITIAL INTERAGENCY SPECTRUM INFORMATION TECHNOLOGY COORDINATION.—Not later than 90 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Policy and Plans Steering Group, shall identify a process to establish goals, including parameters to measure the achievement of such goals, for the modernization of the infrastructure of covered agencies relating to managing the use of Federal spectrum by such 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 such infrastructure; (2) other potential innovative technological capabilities with respect to such infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities; (3) ways to improve the management of the use of Federal spectrum by covered agencies through such infrastructure, including by— (A) increasing the efficiency of such infrastructure; (B) addressing validation of usage with respect to such infrastructure; (C) increasing the accuracy of such infrastructure; (D) validating models used by such 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 such 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 such 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.

Requires submission of a plan to modernize NTIA infrastructure for efficient Federal spectrum management.

(b) SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION.— (1) IN GENERAL.—Not later than 240 days after the date of the enactment of this Act, the Assistant Secretary of Commerce for Communications and Information shall submit to Congress a report that contains a plan for the National Telecommunications and Information Administration (in this section referred to as 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 such use. (2) CONTENTS.—The report required by paragraph (1) shall include— (A) an assessment of the current, as of the date on which such report is submitted, infrastructure of the NTIA described in such paragraph; (B) an acquisition strategy for the modernized infrastructure of the NTIA described in such paragraph, including how such 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 such paragraph; (D) plans detailing how the modernized infrastructure of the NTIA described in such paragraph will— (i) enhance the security and reliability of such infrastructure so that the NTIA is in compliance with the requirements of subchapter II of chapter 35 of title 44, United States Code, with respect to such infrastructure; (ii) improve data models and analysis tools to increase the efficiency of the spectrum use described in such 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 such 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;

Includes an operations plan, coordination strategy, standardization plan, process enhancements, success metrics, and cost estimation.

(E) an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in such 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) such coordination efforts, as in effect on the date on which such report is submitted; and (II) a plan for coordination of such efforts after the date on which such report is submitted, including with respect to the efforts described in subsection (c); (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; and (iii) a plan for each covered agency to implement a modernization plan described in subsection (c)(1) that is tailored to the particular timeline of such agency; (G) identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to such processes; (H) metrics to evaluate the success of the modernization efforts described in such paragraph and any similar future efforts; and (I) an estimate of the cost of the modernization efforts described in such paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in such paragraph, including the cost of any personnel and equipment relating to such maintenance.

Requires each covered agency to submit a spectrum modernization plan to the Assistant Secretary and NTIA.

(c) COVERED AGENCY SPECTRUM INFORMATION TECHNOLOGY MODERNIZATION.— (1) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, the head of each covered agency shall submit to the Assistant Secretary of Commerce for Communications and Information and the Policy and Plans Steering Group a report that describes a plan for such agency to modernize the infrastructure of such agency with respect to the use of Federal spectrum by such agency so that such modernized infrastructure of such agency is interoperable with the modernized infrastructure of the NTIA, as described in subsection (b). (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 such report is submitted, management capabilities of such agency with respect to the use of frequencies that are assigned to such agency, which shall include a description of any challenges faced by such agency with respect to such management; (ii) a timeline for completion of the modernization efforts described in such paragraph; (iii) a description of potential innovative technological capabilities for the management of frequencies that are assigned to such agency, as determined under subsection (a); (iv) identification of agency-specific requirements or constraints relating to the infrastructure of such agency; (v) identification of any existing, as of the date on which such report is submitted, systems of such agency that are duplicative of the modernized infrastructure of the NTIA, as described in subsection (b); 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 such 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 a report under paragraph (1), the head of a covered agency shall notify Congress that such report has been submitted.

Mandates GAO to oversee agency infrastructure, modernization plans, and report to Congress until December 31, 2030.

(d) GAO OVERSIGHT.—The Comptroller General of the United States shall— (1) not later than 180 days after the date of the enactment of this Act, conduct a review of the infrastructure of covered agencies, as such infrastructure exists on the date of the enactment of this Act; (2) upon submission of all of the reports required by subsection (c), begin conducting oversight of the implementation of the modernization plans submitted by the Assistant Secretary and covered agencies under subsections (b) and (c), respectively; (3) not later than 2 years after the date on which the Comptroller General begins conducting oversight under paragraph (2), and biennially thereafter until December 31, 2030, submit a report regarding such 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) until December 31, 2030, provide regular briefings to— Briefings. (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.

Defines "covered agency," "Federal entity," "Federal spectrum," and "infrastructure" in specific legal contexts.

(e) DEFINITIONS.—In this section: (1) The term ‘‘covered agency’’— (A) means any Federal entity that the Assistant Secretary of Commerce for Communications and Information determines is appropriate; and (B) includes the Department of Defense. (2) The term ‘‘Federal entity’’ has the meaning given such term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l)). (3) The term ‘‘Federal spectrum’’ means frequencies assigned on a primary basis to a covered agency. (4) The term ‘‘infrastructure’’ means information technology systems and information technologies, tools, and databases.