[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Reported in Senate (RS)]
<DOC>
Calendar No. 595
117th CONGRESS
2d Session
S. 3014
To establish the Next Generation Telecommunications Council, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 20, 2021
Ms. Cortez Masto (for herself, Mr. Wicker, Mr. Schumer, Mr. Thune, and
Mr. Lujan) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
December 7, 2022
Reported by Ms. Cantwell, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To establish the Next Generation Telecommunications Council, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Next Generation
Telecommunications Act''.</DELETED>
<DELETED>SEC. 2. 6G AND ADVANCED WIRELESS TECHNOLOGIES
COUNCIL.</DELETED>
<DELETED> (a) Establishment.--There is established a Council, to be
known as the ``Next Generation Telecommunications Council'' (referred
to in this section as the ``Council''), to advise Congress on 6G
advancements and other advanced wireless communications technologies,
including the use of such technologies for smart cities or
communities.</DELETED>
<DELETED> (b) Membership.--</DELETED>
<DELETED> (1) Composition.--</DELETED>
<DELETED> (A) In general.--Subject to subparagraph
(B), the Council shall be composed of the following
members:</DELETED>
<DELETED> (i) The Deputy Secretary of
Commerce.</DELETED>
<DELETED> (ii) The Assistant Secretary of
Commerce for Communications and
Information.</DELETED>
<DELETED> (iii) The Undersecretary of the
National Institute of Standards.</DELETED>
<DELETED> (iv) The Chairperson of the
Federal Communications Commission.</DELETED>
<DELETED> (v) The Director of the National
Science Foundation.</DELETED>
<DELETED> (vi) Three members appointed by
the majority leader of the Senate, in
consultation with the Chairman of the Committee
on Commerce, Science, and Transportation of the
Senate, 1 of whom shall be a member of the
Senate and 2 of whom shall not be.</DELETED>
<DELETED> (vii) Two members appointed by the
minority leader of the Senate, in consultation
with the Ranking Member of the Committee on
Commerce, Science, and Transportation of the
Senate, 1 of whom shall be a member of the
Senate and 1 of whom shall not be.</DELETED>
<DELETED> (viii) Three members appointed by
the Speaker of the House of Representatives, in
consultation with the Chairman of the Committee
on Energy and Commerce of the House of
Representatives, 1 of whom shall be a member of
the House of Representatives and 2 of whom
shall not be.</DELETED>
<DELETED> (ix) Two members appointed by the
minority leader of the House of
Representatives, in consultation with the
Ranking Member of the Committee on Energy and
Commerce of the House of Representatives, 1 of
whom shall be a member of the House of
Representatives and 1 of whom shall not
be.</DELETED>
<DELETED> (B) Requirements for certain members.--
</DELETED>
<DELETED> (i) In general.--The members of
the Council who are not members of Congress and
who are appointed under clauses (iv) through
(vii) of subparagraph (A) shall be individuals
who are nationally recognized for expertise,
knowledge, or experience in--</DELETED>
<DELETED> (I) telecommunications,
spectrum policy, and standards
organizations;</DELETED>
<DELETED> (II) cybersecurity and
innovation; or</DELETED>
<DELETED> (III) the implementation,
funding, or oversight of national
security and information
sharing.</DELETED>
<DELETED> (ii) Limitation on appointments.--
An official who appoints members of the Council
may not appoint an individual as a member of
the Council if such individual possesses any
personal or financial interest in the discharge
of any of the duties of the Council.</DELETED>
<DELETED> (iii) Requirement.--All members of
the Council described in clause (i) shall
possess an appropriate security clearance in
accordance with applicable provisions of law
concerning the handling of classified
information.</DELETED>
<DELETED> (2) Co-chairs.--</DELETED>
<DELETED> (A) In general.--The Council shall have 2
co-chairs selected from among the members of the
Council, of which--</DELETED>
<DELETED> (i) one co-chair of the Council
shall be a member of the Democratic Party;
and</DELETED>
<DELETED> (ii) one co-chair shall be a
member of the Republican Party.</DELETED>
<DELETED> (B) Requirement.--The individuals who
serve as the co-chairs of the Council shall be jointly
agreed upon by the President, the majority leader of
the Senate, the minority leader of the Senate, the
Speaker of the House of Representatives, and the
minority leader of the House of
Representatives.</DELETED>
<DELETED> (c) Appointment; Initial Meeting.--</DELETED>
<DELETED> (1) Appointment.--Members of the Council shall be
appointed not later than 45 days after the date of the
enactment of this Act.</DELETED>
<DELETED> (2) Initial meeting.--The Council shall hold its
initial meeting on or before the date that is 60 days after the
date of the enactment of this Act.</DELETED>
<DELETED> (d) Meetings; Quorum; Vacancies.--</DELETED>
<DELETED> (1) In general.--After its initial meeting, the
Council shall meet upon the call of the co-chairs of the
Council.</DELETED>
<DELETED> (2) Quorum.--Seven members of the Council shall
constitute a quorum for purposes of conducting business, except
that 2 members of the Council shall constitute a quorum for
purposes of receiving testimony.</DELETED>
<DELETED> (3) Vacancies.--Any vacancy in the Council shall
not affect its powers, but shall be filled in the same manner
in which the original appointment was made.</DELETED>
<DELETED> (4) Quorum with vacancies.--If vacancies in the
Council occur on any day after 45 days after the date of the
enactment of this Act, a quorum shall consist of a majority of
the members of the Council as of such day.</DELETED>
<DELETED> (e) Actions of Council.--</DELETED>
<DELETED> (1) In general.--The Council shall act by
resolution agreed to by a majority of the members of the
Council voting and present.</DELETED>
<DELETED> (2) Panels.--The Council may establish panels
composed of less than the full membership of the Council for
purposes of carrying out the duties of the Council under this
section. The actions of any such panel shall be subject to the
review and control of the Council. Any findings and
determinations made by such a panel shall not be considered the
findings and determinations of the Council unless approved by
the Council.</DELETED>
<DELETED> (3) Delegation.--Any member, agent, or staff of
the Council may, if authorized by the co-chairs of the Council,
take any action which the Council is authorized to take
pursuant to this section.</DELETED>
<DELETED> (f) Duties.--The duties of the Council are to review past
actions of the processes and procedures used to advance wireless
communication deployment, including 5G technology, and advise Congress
on 6G advancements, existing gaps in the standardization and
development of 6G, and other advanced wireless communications
technologies.</DELETED>
<DELETED> (g) Strategy.--</DELETED>
<DELETED> (1) In general.--The Council shall develop and
submit to Congress recommendations for how the Federal
Government can support--</DELETED>
<DELETED> (A) the development and adoption of 6G and
other advanced wireless communications technologies,
including ensuring digital inclusion and equity in
access to such technologies for communities of color,
those underserved, and rural communities;</DELETED>
<DELETED> (B) assessment of roles and
responsibilities within the Federal Government and how
the Federal Government can better coordinate functions
to ensure timely decisions and needed
actions;</DELETED>
<DELETED> (C) research and development into, and
standards for, 6G and other advanced wireless
communications technologies, including collaboration
with the private sector and United States allies;
and</DELETED>
<DELETED> (D) the promotion of international
cooperation, including security cooperation, with
respect to 6G and other wireless communications
technologies.</DELETED>
<DELETED> (2) Considerations.--In developing the strategy
under this subsection, the Council shall consider the following
issues:</DELETED>
<DELETED> (A) Access to adequate spectrum resources
to support 6G and other advanced wireless
communications technologies.</DELETED>
<DELETED> (B) Assessment of the Federal Government's
function as regulator of electromagnetic spectrum,
including but not limited to, testing capabilities,
proper access to timely and relevant information, the
Interdepartment Radio Advisory Committee and
interagency cooperation, and communication with Federal
and commercial license holders.</DELETED>
<DELETED> (C) Supply chain resiliency and security,
including vendor diversity, for 6G and other advanced
wireless communications technologies.</DELETED>
<DELETED> (D) Assessment of the workforce needs in
order to build, maintenance, and utilize 6G networks,
including the necessary diversity within each of these
areas.</DELETED>
<DELETED> (E) Ensure greater collaboration and
information sharing to make certain advanced networks,
including those utilized by first responders, remain
secure and resilient in the face of cyber intrusions
and natural disasters.</DELETED>
<DELETED> (F) Other issues identified as important
to the successful development and deployment of 6G and
other advanced wireless communications technologies,
such as artificial intelligence and machine learning,
satellite and fixed wireless broadband, and open RAN
technologies.</DELETED>
<DELETED> (h) Powers of Council.--</DELETED>
<DELETED> (1) In general.--The Council or, on the
authorization of the Council, any subcommittee or member
thereof, may, for the purpose of carrying out the provisions of
this section hold such hearings and sit and act at such times
and places, take such testimony, receive such evidence, and
administer such oaths.</DELETED>
<DELETED> (2) Contracting.--The Council may, to such extent
and in such amounts as are provided in advance in appropriation
Acts, enter into contracts to enable the Council to discharge
its duties under this section.</DELETED>
<DELETED> (3) Information from federal agencies.--</DELETED>
<DELETED> (A) In general.--The Council may secure
directly from any executive department, agency, bureau,
board, council, office, independent establishment, or
instrumentality of the Government information,
suggestions, estimates, and statistics for the purposes
of this section.</DELETED>
<DELETED> (B) Requirement to share information.--
Each such department, agency, bureau, board,
commission, office, establishment, or instrumentality
shall, to the extent authorized by law, furnish such
information, suggestions, estimates, and statistics
directly to the Council, upon request of the co-chairs
of the Council.</DELETED>
<DELETED> (C) Treatment of classified information.--
The Council shall handle and protect all classified
information provided to it under this section in
accordance with applicable statutes and
regulations.</DELETED>
<DELETED> (4) Assistance from federal agencies.--</DELETED>
<DELETED> (A) In general.--The Secretary of
Commerce, acting through the Assistant Secretary of
Commerce for Communications and Information, shall
provide to the Council, on a reimbursable basis, such
administrative services, funds, staff, facilities, and
other support services as are necessary for the
performance of the Council's duties under this
section.</DELETED>
<DELETED> (B) Administrative support.--The
Chairperson of the Federal Communications Council may
provide the Council, on a reimbursable basis, with such
administrative services, staff, and other support
services as the Council may request.</DELETED>
<DELETED> (C) Additional support.--In addition to
the assistance set forth in paragraphs (1) and (2),
other departments and agencies of the Federal
Government may provide the Council such services,
funds, facilities, staff, and other support as such
departments and agencies consider advisable and as may
be authorized by law.</DELETED>
<DELETED> (D) Cooperation among agencies.--The
Council shall receive the full and timely cooperation
of any official, department, or agency of the Federal
Government, including from the Department of State,
Department of Defense, and the Office of the United
States Trade Representative, whose assistance is
necessary, as jointly determined by the co-chairs
selected under subsection (b)(2), for the fulfillment
of the duties of the Council, including the provision
of full and current briefings and analyses.</DELETED>
<DELETED> (5) Postal services.--The Council may use the
United States Postal Service in the same manner and under the
same conditions as the departments and agencies of the Federal
Government.</DELETED>
<DELETED> (6) Gifts.--No member or staff of the Council may
receive a gift or benefit by reason of the service of such
member or staff to the Council.</DELETED>
<DELETED> (i) Staff of Council.--</DELETED>
<DELETED> (1) In general.--</DELETED>
<DELETED> (A) Appointment of staff director and
other personnel.--The co-chairs of the Council, in
accordance with rules agreed upon by the Council, shall
appoint and fix the compensation of a staff director
and such other personnel as may be necessary to enable
the Council to carry out its duties, without regard to
the provisions of title 5, United States Code,
governing appointments in the competitive service, and
without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person
occupying a position at level V of the Executive
Schedule under section 5316 of such title 5.</DELETED>
<DELETED> (B) Detailees.--Any Federal Government
employee may be detailed to the Council without
reimbursement from the Council, and such detailee shall
retain the rights, status, and privileges of his or her
regular employment without interruption.</DELETED>
<DELETED> (C) Requirement.--All staff of the Council
shall possess a security clearance in accordance with
applicable laws and regulations concerning the handling
of classified information.</DELETED>
<DELETED> (2) Consultant services.--</DELETED>
<DELETED> (A) In general.--The Council may procure
the services of experts and consultants in accordance
with section 3109 of title 5, United States Code, but
at rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive
Schedule under section 5315 of such title 5.</DELETED>
<DELETED> (B) Requirement.--All experts and
consultants employed by the Council shall possess a
security clearance in accordance with applicable laws
and regulations concerning the handling of classified
information.</DELETED>
<DELETED> (j) Compensation and Travel Expenses.--</DELETED>
<DELETED> (1) Compensation.--</DELETED>
<DELETED> (A) In general.--Except as provided in
paragraph (2), each member of the Council may be
compensated at not to exceed the daily equivalent of
the annual rate of basic pay in effect for a position
at level IV of the Executive Schedule under section
5315 of title 5, United States Code, for each day
during which that member is engaged in the actual
performance of the duties of the Council under this
section.</DELETED>
<DELETED> (B) Limitation.--Members of the Council
who are officers or employees of the Federal Government
or Members of Congress shall receive no additional pay
by reason of their service on the Council.</DELETED>
<DELETED> (2) Travel expenses.--While away from their homes
or regular places of business in the performance of services
for the Council, members of the Council may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the Federal
Government are allowed expenses under section 5703 of title 5,
United States Code.</DELETED>
<DELETED> (3) Access after termination of council.--
Notwithstanding any other provision of law, after the
termination of the Council under subsection (k)(2), only the
members and designated staff of the congressional commerce
committees, the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives, and such other officials of the executive
branch as the President may designate, shall have access to
information related to the national security of the United
States that is received, considered, or used by the
Council.</DELETED>
<DELETED> (k) Final Report; Termination.--</DELETED>
<DELETED> (1) Final report.--Not later than 1 year after the
date on which the Council is established, the Council shall
submit to the majority leader of the Senate, the minority
leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives, and the Committee on Commerce, Science, and
Transportation of the Senate, the Committee on Appropriations
of the Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on Appropriations
of the House of Representatives a final report in compliance
with the duties described in subsection (f) and containing the
strategy described in subsection (g).</DELETED>
<DELETED> (2) Termination.--</DELETED>
<DELETED> (A) In general.--The Council, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report under paragraph (1) is submitted to
the Committee on Commerce, Science, and Transportation
of the Senate, the Committee on Appropriations of the
Senate, the Committee on Energy and Commerce of the
House of Representatives, and the Committee on
Appropriations of the House of
Representatives.</DELETED>
<DELETED> (B) Conclusion of activities.--The Council
may use the 120-day period referred to in paragraph (1)
for the purposes of concluding its activities,
including providing testimony to Congress concerning
the final report referred to in that paragraph and
disseminating the report.</DELETED>
<DELETED> (l) Assessments of Final Report.--Not later than 60 days
after receipt of the final report under subsection (k)(1), the
Secretary of Commerce shall submit to the Committee on Commerce,
Science, and Transportation of the Senate, the Committee on
Appropriations of the Senate, the Committee on Energy and Commerce of
the House of Representatives, the Committee on Appropriations of the
House of Representatives, the majority leader of the Senate, the
minority leader of the Senate, the Speaker of the House of
Representatives, and the minority leader of the House of
Representatives, as the case may be, an assessment of the final report.
Each assessment shall include such comments on the findings and
recommendations contained in the final report as the Director or
Secretary, as the case may be, considers appropriate.</DELETED>
<DELETED> (m) Inapplicability of Certain Administrative
Provisions.--</DELETED>
<DELETED> (1) Federal advisory committee act.--The
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall not apply to the activities of the Council under
this section.</DELETED>
<DELETED> (2) Freedom of information act.--The provisions of
section 552 of title 5, United States Code (commonly referred
to as the ``Freedom of Information Act''), shall not apply to
the activities, records, and proceedings of the Council under
this section.</DELETED>
<DELETED> (n) Funding.--</DELETED>
<DELETED> (1) Authorization of appropriations.--There are
authorized to be appropriated $10,000,000 for fiscal year 2022
to carry out this section.</DELETED>
<DELETED> (2) Availability in general.--Subject to paragraph
(1), the Secretary of Commerce shall make available to the
Council such amounts as the Council may require for purposes of
the activities of the Council under this section.</DELETED>
<DELETED> (3) Duration of availability.--Amounts made
available to the Council under paragraph (2) shall remain
available until expended.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Next Generation Telecommunications
Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advanced wireless communications technologies.--The
term ``advanced wireless communications technologies'' means
advanced technologies that contribute to or rely on 6G or
future generation networks, such as artificial intelligence and
machine learning, satellite and fixed wireless broadband, open
network architecture, precision agriculture, advanced
telemedicine and medical diagnostics, and remote learning
technologies.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
(B) the Committee on Appropriations of the Senate;
(C) the Committee on Energy and Commerce of the
House of Representatives; and
(D) the Committee on Appropriations of the House of
Representatives.
(3) Congressional leaders.--The term ``congressional
leaders'' means--
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives;
and
(D) the minority leader of the House of
Representatives.
(4) Council.--The term ``Council'' means the Next
Generation Telecommunications Council established under section
3(a).
SEC. 3. 6G AND ADVANCED WIRELESS TECHNOLOGIES COUNCIL.
(a) Establishment.--There is established a council, to be known as
the ``Next Generation Telecommunications Council'', to advise Congress
on 6G advancements and advanced wireless communications technologies,
including the use of such technologies for smart cities or communities.
(b) Membership.--
(1) Composition.--
(A) In general.--Subject to subparagraph (B), the
Council shall be composed of the following members:
(i) The Deputy Secretary of Commerce.
(ii) The Assistant Secretary of Commerce
for Communications and Information.
(iii) The Under Secretary of Commerce for
Standards and Technology.
(iv) The Chair of the Federal
Communications Commission.
(v) The Director of the National Science
Foundation.
(vi) Three members appointed by the
majority leader of the Senate, in consultation
with the Chair of the Committee on Commerce,
Science, and Transportation of the Senate, 1 of
whom shall be a member of the Senate and 2 of
whom shall not be.
(vii) Three members appointed by the
minority leader of the Senate, in consultation
with the Ranking Member of the Committee on
Commerce, Science, and Transportation of the
Senate, 1 of whom shall be a member of the
Senate and 2 of whom shall not be.
(viii) Three members appointed by the
Speaker of the House of Representatives, in
consultation with the Chair of the Committee on
Energy and Commerce of the House of
Representatives, 1 of whom shall be a member of
the House of Representatives and 2 of whom
shall not be.
(ix) Three members appointed by the
minority leader of the House of
Representatives, in consultation with the
Ranking Member of the Committee on Energy and
Commerce of the House of Representatives, 1 of
whom shall be a member of the House of
Representatives and 2 of whom shall not be.
(B) Requirements for certain members.--
(i) In general.--The members of the Council
who are not members of Congress and who are
appointed under clauses (vi) through (ix) of
subparagraph (A) shall be individuals who are
nationally recognized for expertise, knowledge,
or experience in--
(I) telecommunications, computing,
spectrum policy, and standards
organizations;
(II) cloud services and artificial
intelligence and machine learning;
(III) cybersecurity and security
innovations; or
(IV) national security oversight,
protection of information systems, and
coordination conducted between the
private sector and government
institutions.
(ii) Limitation on appointments.--An
official who appoints members of the Council
may not appoint an individual as a member of
the Council if such individual possesses any
personal or financial interest in the discharge
of any of the duties of the Council.
(iii) Requirement.--All members of the
Council described in clause (i) shall possess
an appropriate security clearance in accordance
with applicable provisions of law concerning
the handling of classified information.
(2) Co-chairs.--
(A) In general.--The Council shall have 2 co-chairs
selected from among the members of the Council, of
which--
(i) one co-chair of the Council shall be a
member of the Democratic Party; and
(ii) one co-chair shall be a member of the
Republican Party.
(B) Requirement.--The individuals who serve as the
co-chairs of the Council shall be jointly agreed upon
by the President and the congressional leaders.
(c) Appointment; Initial Meeting.--
(1) Appointment.--Members of the Council shall be appointed
not later than 45 days after the date of the enactment of this
Act.
(2) Initial meeting.--The Council shall hold its initial
meeting on or before the date that is 60 days after the date of
the enactment of this Act.
(d) Meetings; Quorum; Vacancies.--
(1) In general.--After its initial meeting, the Council
shall meet upon the call of the co-chairs of the Council.
(2) Quorum.--Nine members of the Council shall constitute a
quorum for purposes of conducting business, except that 2
members of the Council shall constitute a quorum for purposes
of receiving testimony.
(3) Vacancies.--Any vacancy in the Council shall not affect
its powers, but shall be filled in the same manner in which the
original appointment was made.
(4) Quorum with vacancies.--If vacancies in the Council
occur on any day after 45 days after the date of the enactment
of this Act, a majority of sitting members of the Council shall
constitute a quorum.
(e) Actions of Council.--
(1) In general.--The Council shall act by resolution agreed
to by a majority of the members of the Council voting and
present.
(2) Panels.--The Council may establish panels composed of
less than the full membership of the Council for purposes of
carrying out the duties of the Council under this section. The
actions of any such panel shall be subject to the review and
control of the Council. Any findings and determinations made by
such a panel shall not be considered the findings and
determinations of the Council unless approved by the Council.
(3) Delegation.--Any member, agent, or staff of the Council
may, if authorized by the co-chairs of the Council, take any
action which the Council is authorized to take pursuant to this
section.
(f) Duties.--
(1) In general.--The duties of the Council are to--
(A) review past processes and procedures used to
advance wireless communication deployment, including 5G
technology; and
(B) advise Congress on--
(i) 6G advancements;
(ii) existing gaps in the standardization
and development of 6G; and
(iii) advanced wireless communications
technologies.
(2) Solicitation of stakeholder comment.--In carrying out
the review required under paragraph (1), the Council shall
solicit input and information from non-Federal stakeholders,
including new market entrants.
(g) Strategy.--
(1) In general.--The Council shall develop and submit to
Congress recommendations for how the Federal Government can
support--
(A) the development and adoption of 6G and advanced
wireless communications technologies, including
ensuring digital inclusion and equity in access to such
technologies for communities of color, underserved
communities, individuals with disabilities, low-income
communities, and rural and Tribal communities;
(B) the coordination of spectrum management
functions within the Federal Government to ensure
timely decisions and needed actions for the development
of 6G applications and advanced wireless communications
technologies;
(C) research and development into, and standards
for, 6G and advanced wireless communications
technologies, including collaboration with federally
funded research and development centers, universities,
the private sector, and United States allies;
(D) the development of 6G applications and other
end uses, including through test beds and pilot
programs;
(E) the promotion of international cooperation,
including privacy and security cooperation, with
respect to 6G and advanced wireless communications
technologies;
(F) coordination regarding the deployment of 6G
technologies among existing (as of the date on which
the strategy is developed) and future spectrum users;
and
(G) the consideration of issues regarding the
national security of the United States with respect to
the deployment of 6G and advanced wireless
communications technologies.
(2) Considerations.--In developing the strategy under this
subsection, the Council shall consider the following:
(A) Access to adequate spectrum resources to
support 6G and advanced wireless communications
technologies for Federal and non-Federal users.
(B) The Federal Government's function as regulator
of commercial and non-commercial electromagnetic
spectrum, including an assessment of the Federal
Government's--
(i) technical engineering capabilities;
(ii) transparent processes for the
resolution of non-routine policy disputes;
(iii) interagency cooperation; and
(iv) communication with Federal and
commercial license holders, including taking
into consideration relevant expert reports from
Federal advisory councils and other academic
organizations.
(C) Supply chain resiliency and security, including
vendor diversity, for 6G and advanced wireless
communications technologies.
(D) Securing the network for 6G and advanced
wireless communications technologies.
(E) The role of cloud computing in the development
of 6G applications and advanced wireless communications
technologies.
(F) The workforce needs that must be met in order
to build, maintain, and utilize 6G applications and
advanced wireless communications technologies and
networks, along with strategies to conduct the
necessary workforce training, which consideration may
include consulting the report submitted to Congress by
the telecommunications interagency working group
established under section 344 of the Communications Act
of 1934 (47 U.S.C. 344).
(G) The need for greater collaboration and
information sharing between the Federal Government and
the communications industry to make certain that 6G and
advanced wireless communications networks, including
those utilized by first responders, remain secure and
resilient in the face of cyber intrusions and natural
disasters.
(H) Facilitation of infrastructure siting,
easements, and licenses for the deployment of 6G.
(I) Other factors relevant to the successful
development and deployment of 6G and advanced wireless
communications technologies, such as artificial
intelligence and machine learning, satellite and fixed
wireless broadband, and open RAN technologies.
(h) Powers of Council.--
(1) In general.--The Council or, on the authorization of
the Council, any subcommittee or member thereof, may, for the
purpose of carrying out the provisions of this section, hold
such hearings and sit and act at such times and places, take
such testimony, receive such evidence, and administer such
oaths as the Council may determine necessary or beneficial to
the development of the strategy required under subsection (g).
(2) Contracting.--The Council may, to such extent and in
such amounts as are provided in advance in appropriation Acts,
enter into contracts to enable the Council to discharge its
duties under this section.
(3) Information from federal agencies.--
(A) In general.--The Council may secure directly
from any executive department, agency, bureau, board,
council, office, independent establishment, or
instrumentality of the Federal Government information,
suggestions, estimates, and statistics for the purposes
of this section.
(B) Requirement to share information.--Each such
department, agency, bureau, board, council, office,
establishment, or instrumentality shall, to the extent
authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Council, upon request of the co-chairs of the Council.
(C) Treatment of classified information.--The
Council shall handle and protect all classified
information provided to it under this section in
accordance with applicable statutes and regulations.
(4) Assistance from federal agencies.--
(A) In general.--The Secretary of Commerce, acting
through the Assistant Secretary of Commerce for
Communications and Information, shall provide to the
Council, on a reimbursable basis, such administrative
services, funds, staff, facilities, and other support
services as are necessary for the performance of the
Council's duties under this section.
(B) Administrative support.--The Chairperson of the
Federal Communications Commission may provide the
Council, on a reimbursable basis, with such
administrative services, staff, and other support
services as the Council may request.
(C) Additional support.--In addition to the
assistance set forth in subparagraphs (A) and (B),
other departments and agencies of the Federal
Government may provide the Council such services,
funds, facilities, staff, and other support as such
departments and agencies consider advisable and as may
be authorized by law.
(D) Cooperation among agencies.--The Council shall
receive the full and timely cooperation of any
official, department, or agency of the Federal
Government, including from the Department of State, the
Department of Defense, and the Office of the United
States Trade Representative, whose assistance is
necessary, as jointly determined by the co-chairs
selected under subsection (b)(2), for the fulfillment
of the duties of the Council, including the provision
of full and current briefings and analyses.
(5) Postal services.--The Council may use the United States
Postal Service in the same manner and under the same conditions
as the departments and agencies of the Federal Government.
(6) Gifts.--No member or staff of the Council may receive a
gift or benefit by reason of the service of such member or
staff to the Council.
(i) Staff of Council.--
(1) In general.--
(A) Appointment of staff director and other
personnel.--The co-chairs of the Council, in accordance
with rules agreed upon by the Council, shall appoint
and fix the compensation of a staff director and such
other personnel as may be necessary to enable the
Council to carry out its duties, without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and without
regard to the provisions of chapter 51 and subchapter
III of chapter 53 of such title relating to
classification and General Schedule pay rates, except
that no rate of pay fixed under this subsection may
exceed the equivalent of that payable to a person
occupying a position at level V of the Executive
Schedule under section 5316 of such title.
(B) Detailees.--Any Federal Government employee may
be detailed to the Council without reimbursement from
the Council, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
(C) Requirement.--All staff of the Council shall
possess a security clearance in accordance with
applicable laws and regulations concerning the handling
of classified information.
(2) Consultant services.--
(A) In general.--The Council may procure the
services of experts and consultants in accordance with
section 3109 of title 5, United States Code, but at
rates not to exceed the daily rate paid a person
occupying a position at level IV of the Executive
Schedule under section 5315 of such title.
(B) Requirement.--All experts and consultants
employed by the Council shall possess a security
clearance in accordance with applicable laws and
regulations concerning the handling of classified
information.
(j) Compensation and Travel Expenses.--
(1) Compensation.--
(A) In general.--Except as provided in paragraph
(2), each member of the Council may be compensated at
not to exceed the daily equivalent of the annual rate
of basic pay in effect for a position at level IV of
the Executive Schedule under section 5315 of title 5,
United States Code, for each day during which that
member is engaged in the actual performance of the
duties of the Council under this section.
(B) Limitation.--Members of the Council who are
officers or employees of the Federal Government or
Members of Congress shall receive no additional pay by
reason of their service on the Council.
(2) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Council, members of the Council may be allowed travel
expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the Federal
Government are allowed expenses under section 5703 of title 5,
United States Code.
(3) Access after termination of council.--Notwithstanding
any other provision of law, after the termination of the
Council under subsection (k)(3), only the following individuals
shall have access to information related to the national
security of the United States that is received, considered, or
used by the Council:
(A) Any member of Congress, and the designated
staff of any member of Congress.
(B) Such other officials of the executive branch as
the President may designate.
(k) Final Report; Termination.--
(1) Final report.--Not later than 2 years after the date on
which the Council is established, the Council shall submit to
the congressional leaders and the appropriate congressional
committees, and to any member of Congress upon request, a final
report in compliance with the duties described in subsection
(f) and containing the strategy described in subsection (g).
(2) Public comment.--The Council shall--
(A) publish in the Federal Register a draft of the
report required under paragraph (1);
(B) accept public comments on the draft published
under subparagraph (A); and
(C) take into consideration the comments accepted
under subparagraph (B) in preparing the final version
of the report required under paragraph (1).
(3) Termination.--
(A) In general.--The Council, and all the
authorities of this section, shall terminate at the end
of the 120-day period beginning on the date on which
the final report is submitted to the congressional
leaders and the appropriate congressional committees
under paragraph (1).
(B) Conclusion of activities.--The Council may use
the 120-day period referred to in subparagraph (A) for
the purposes of concluding its activities, including
providing testimony to Congress concerning the final
report referred to in that paragraph and disseminating
the report.
(l) Assessments of Final Report.--Not later than 60 days after
submission of the final report under subsection (k)(1), the Secretary
of Commerce shall submit to the congressional leaders and the
appropriate congressional committees, and to any member of Congress
upon request, an assessment of the final report that includes comments
on the findings and recommendations contained in the final report.
(m) Inapplicability of Certain Administrative Provisions.--
(1) Federal advisory committee act.--The provisions of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply
to the activities of the Council under this section.
(2) Freedom of information act.--The provisions of section
552 of title 5, United States Code (commonly referred to as the
``Freedom of Information Act''), shall not apply to the
activities, records, and proceedings of the Council under this
section.
(n) Funding.--
(1) Authorization of appropriations.--There are authorized
to be appropriated $10,000,000 for fiscal year 2023 to carry
out this section.
(2) Availability in general.--Subject to paragraph (1), the
Secretary of Commerce shall make available to the Council such
amounts as the Council may require for purposes of the
activities of the Council under this section.
(3) Duration of availability.--Amounts made available to
the Council under paragraph (2) shall remain available until
expended until the date that the Council terminates under
subsection (k)(3).
Calendar No. 595
117th CONGRESS
2d Session
S. 3014
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A BILL
To establish the Next Generation Telecommunications Council, and for
other purposes.
_______________________________________________________________________
December 7, 2022
Reported with an amendment