[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3014 Introduced in Senate (IS)]

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117th CONGRESS
  1st 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

_______________________________________________________________________

                                 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,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Next Generation Telecommunications 
Act''.

SEC. 2. 6G AND ADVANCED WIRELESS TECHNOLOGIES COUNCIL.

    (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.
    (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 Undersecretary of the National 
                        Institute of Standards.
                            (iv) The Chairperson 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 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.
                            (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.
                            (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.
                            (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.
                    (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 (iv) through (vii) of 
                        subparagraph (A) shall be individuals who are 
                        nationally recognized for expertise, knowledge, 
                        or experience in--
                                    (I) telecommunications, spectrum 
                                policy, and standards organizations;
                                    (II) cybersecurity and innovation; 
                                or
                                    (III) the implementation, funding, 
                                or oversight of national security and 
                                information sharing.
                            (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, 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.
    (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.--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.
            (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 quorum shall consist of a majority of the 
        members of the Council as of such day.
    (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.--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.
    (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 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;
                    (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;
                    (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
                    (D) the promotion of international cooperation, 
                including security cooperation, with respect to 6G and 
                other wireless communications technologies.
            (2) Considerations.--In developing the strategy under this 
        subsection, the Council shall consider the following issues:
                    (A) Access to adequate spectrum resources to 
                support 6G and other advanced wireless communications 
                technologies.
                    (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.
                    (C) Supply chain resiliency and security, including 
                vendor diversity, for 6G and other advanced wireless 
                communications technologies.
                    (D) Assessment of the workforce needs in order to 
                build, maintenance, and utilize 6G networks, including 
                the necessary diversity within each of these areas.
                    (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.
                    (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.
    (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.
            (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 Government information, 
                suggestions, estimates, and statistics for the purposes 
                of this section.
                    (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.
                    (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 Council 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 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.
                    (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.
            (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 5.
                    (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 5.
                    (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)(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.
    (k) Final Report; Termination.--
            (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).
            (2) 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 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.
                    (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.
    (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.
    (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 2022 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.
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