A bill to require the Assistant Secretary of Commerce for Communications and Information to audit Federal spectrum.
- Bill Number
- S. 794
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Science, Technology, Communications
- Status
- Introduced
- Latest Action
- 2025-02-27: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2025-05-27T14:12:56Z
AI-Generated Summary
Purpose
This legislation, S. 794, aims to increase transparency and efficiency in the management of the electromagnetic spectrum (the range of radio frequencies used for communications, radar, and other technologies) allocated to federal government agencies. It mandates a comprehensive audit to document how federal entities use this valuable resource, identifying underutilized portions that could potentially be repurposed.
Key Provisions
- Definitions:
- "Assistant Secretary" refers to the head of the National Telecommunications and Information Administration (NTIA) within the Department of Commerce.
- "Federal entity" means any federal agency or department authorized to use spectrum, as defined in existing law (47 U.S.C. 923(l)).
- Audit Requirement: Within 18 months of the bill's enactment, the Assistant Secretary must conduct an audit of all spectrum assigned or allocated to federal entities as of the audit date. This involves consulting with the heads of those entities.
- Report Submission: The Assistant Secretary must submit a report to Congress summarizing the audit results. The report must be made available to any Member of Congress upon request.
- Report Contents: For each band of spectrum allocated to a federal entity, the report must detail:
- Specific frequency bands in use.
- Purposes of use (e.g., military communications, weather monitoring) and the portion of the band dedicated to each purpose.
- Geographic locations (e.g., specific states or regions) where the band is assigned.
- Whether the band is used exclusively by the federal entity or shared with other federal or non-federal users (e.g., commercial telecom companies).
- Any unused portions of the spectrum.
- Report Format: The report must be unclassified but can include a separate classified annex for sensitive information.
- Coordination: The audit must avoid overlap with a separate spectrum audit required for the Department of Transportation under the Infrastructure Investment and Jobs Act (2021).
Significant Changes to Existing Law
This bill introduces a new, one-time federal-wide audit mandate under NTIA's authority, building on existing spectrum management laws like the National Telecommunications and Information Administration Organization Act. It does not alter core allocation rules but adds a reporting obligation to promote better oversight, without repealing or amending prior statutes directly.
Potential Impacts
- Government Agencies: Federal entities (e.g., Department of Defense, FAA) may face increased scrutiny of their spectrum usage, potentially leading to requirements for more efficient operations or sharing, which could affect mission-critical functions like national security communications.
- Citizens: Could indirectly benefit the public by identifying unused spectrum for reallocation to commercial uses, such as expanding 5G networks or improving broadband access in underserved areas, enhancing connectivity and innovation.
- International Relations: Minimal direct impact, but better domestic spectrum data could strengthen U.S. positions in global spectrum negotiations (e.g., at the International Telecommunication Union), ensuring efficient use aligns with international standards.
Main Stakeholders Affected
- Federal Agencies: Primary users of spectrum, including defense, transportation, and public safety departments, who must provide data for the audit.
- NTIA and Department of Commerce: Responsible for conducting the audit and report, increasing their workload in spectrum policy.
- Congress: Receives the report to inform future legislation on spectrum auctions or reallocations.
- Commercial Sector: Telecom companies and tech firms (non-federal users) could gain from identified unused spectrum, potentially through future sharing or sales.
- General Public: As end-users of wireless services, benefiting from any efficiency gains.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances accountability under the Administrative Procedure Act by requiring detailed, evidence-based reporting on a public resource (spectrum), without imposing new penalties or enforcement mechanisms. The classified annex option protects national security interests.
- Constitutional: No apparent conflicts; it aligns with Congress's authority over interstate commerce and federal property management (spectrum is a public asset). It promotes transparency, a key democratic principle, without infringing on executive branch operations.
- Political: Could spark debates on balancing federal needs (e.g., military) with commercial demands, influencing bipartisan efforts to auction spectrum for revenue (as in past telecom reforms). The 18-month timeline pressures timely action, potentially affecting budget and policy priorities in spectrum governance.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Recent Actions
- 2025-02-27: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-02-27: Introduced in Senate
Bill Versions
- To require the Assistant Secretary of Commerce for Communications and Information to audit Federal spectrum. — issued 2025-02-27 — PDF (3 pages)