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[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

_______________________________________________________________________

                                 A BILL

 To establish the Next Generation Telecommunications Council, and for 
                            other purposes.

_______________________________________________________________________

                            December 7, 2022

                       Reported with an amendment
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