[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5672-S5675]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6129. Ms. CORTEZ MASTO submitted an amendment intended to be 
proposed to amendment SA 5499 submitted by Mr. Reed (for himself and 
Mr. Inhofe) and intended to be proposed to the bill H.R. 7900, to 
authorize appropriations for fiscal year 2023 for military activities 
of the Department of Defense, for military construction, and for 
defense activities of the Department of Energy, to prescribe military 
personnel strengths for such fiscal year, and for other purposes; which 
was ordered to lie on the table; as follows:

        At the end of title X, add the following:

           Subtitle H--Next Generation Telecommunications Act

     SEC. 1081. SHORT TITLE.

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

     SEC. 1082. DEFINITIONS.

       In this subtitle:
       (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 1083(a).
       (5) Indian tribe.--The term ``Indian Tribe'' means any 
     Indian or Alaska Native Tribe, band, nation, pueblo, village, 
     or community that the Secretary of the Interior acknowledges 
     to exist as an Indian Tribe.
       (6) Tribal government.--The term ``Tribal government'' 
     means the governing body of an Indian Tribe.

     SEC. 1083. 6G AND ADVANCED WIRELESS TECHNOLOGIES COUNCIL.

       (a) Establishment and Statement of Policy.--
       (1) In general.--There is established a council, to be 
     known as the ``Next Generation Telecommunications Council'', 
     to advise Congress on ways the Federal Government can support 
     private sector 6G advancements and advanced wireless 
     communications technologies in the United States.
       (2) Statement of policy.--Nothing in this subtitle shall be 
     construed as enabling the Council to--
       (A) direct technical specifications or standards;
       (B) interject United States-specific policies into global 
     6G technical specifications; or
       (C) replace or compete with any industry-led efforts on the 
     technical specifications of 6G.
       (b) Membership.--
       (1) Composition.--
       (A) In general.--Subject to subparagraph (B), the Council 
     shall be composed of the following members:
       (i) The Assistant Secretary of Commerce for Communications 
     and Information.
       (ii) The Chair of the Federal Communications Commission.
       (iii) A Commissioner of the Federal Communications 
     Commission from a political party other than the political 
     party of the Chair of the Federal Communications Commission.
       (iv) 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.
       (v) 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.
       (vi) 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.
       (vii) 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 (iv) 
     through (vii) of subparagraph (A) shall be individuals who 
     are nationally recognized for technical expertise, knowledge, 
     or experience in--

       (I) telecommunications, spectrum policy, and technical 
     standards organizations;
       (II) cloud services and artificial intelligence and machine 
     learning; or
       (III) cybersecurity, protection of information systems, and 
     security innovations.

       (ii) Limitation on appointments.--

       (I) In general.--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 that would interfere with the objective 
     discharge of any duties of the Council.
       (II) Wireless expertise or relevant experience.--One of the 
     members of the Council appointed under each of clauses (iv) 
     through (vii) of subparagraph (A) shall have wireless 
     expertise or relevant experience related to the goal of the 
     Council under subsection (a)(1)and may have financial or 
     personal interests related to that expertise or experience, 
     so long as such interests do not interfere with the objective 
     discharge of any duties of the Council.

       (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 90 days after the date of 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 
     on which all members have been appointed to the Council under 
     paragraph (1).
       (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.

[[Page S5673]]

       (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 on which all 
     members of the Council have been appointed under paragraph 
     (1), 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 majority 
     of the Council.
       (3) Delegation.--Any member or staff of the Council may, if 
     authorized by the majority 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 review 
     and advise Congress on--
       (A) advancements in 6G and other advanced wireless 
     communications technologies;
       (B) Federal Government and State, local, and Tribal 
     government support for all generations of wireless 
     communications technologies, including 6G;
       (C) Federal Government support for the private sector to 
     encourage 6G advancements and other advanced wireless 
     communications technologies;
       (D) the role of the Federal Government in supporting 
     private sector leadership in the standardization and 
     development of 6G and other advanced wireless communications 
     technologies;
       (E) the need for the Federal Government to accelerate 
     access to Federal lands for deployment of 6G and other 
     advanced wireless communications technologies; and
       (F) the role of the Federal Government and State, local, 
     and Tribal governments in supporting the private sector 
     development and deployment of 6G and other advanced wireless 
     communications technologies.
       (2) Solicitation of stakeholder comment.--In carrying out 
     the review required under paragraph (1), the Council shall, 
     under a reasonable timeframe--
       (A) facilitate and solicit the ability of commercial and 
     public interest stakeholders to provide input and information 
     to the Council on the agenda, reports, and related work of 
     the Council; and
       (B) disclose actionable information about the plans of the 
     Council in time for appropriate participation by stakeholders 
     described in subparagraph (A).
       (g) Strategy.--
       (1) In general.--The Council shall develop and submit to 
     Congress a report containing recommendations for how the 
     Federal Government, and where applicable, State, local, and 
     Tribal governments, can support--
       (A) private sector development of 6G and advanced wireless 
     communications technologies;
       (B) the adoption of 6G and advanced wireless communications 
     technologies by communities of color, underserved 
     communities, individuals with disabilities, low-income 
     communities, and rural and Tribal communities;
       (C) the coordination of spectrum management functions 
     within the Federal Government to ensure timely decisions and 
     needed actions for the development of 6G and advanced 
     wireless communications technologies;
       (D) private sector-led 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 trusted United States allies;
       (E) private sector development of 6G and other end uses, 
     including through test beds and pilot programs; and
       (F) the promotion of international cooperation and 
     standardization with respect to 6G and advanced wireless 
     communications technologies to promote economies of scale in 
     the deployment of such 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.
       (B) The Federal Government's function as regulator of 
     Federal and non-Federal electromagnetic spectrum and the need 
     for a stable, predictable, and well-functioning Federal 
     spectrum management and decisionmaking process led by the 
     National Telecommunications and Information Administration, 
     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 non-Federal 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) Network security for 6G and advanced wireless 
     communications technologies.
       (E) The role of cloud computing in the development of 6G 
     and advanced wireless communications technologies.
       (F) The workforce needs that must be met in order to build, 
     maintain, and utilize 6G 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 between the Federal 
     Government and the communications industry to make certain 
     that 6G and advanced wireless communications networks remain 
     secure and resilient.
       (H) Facilitation of infrastructure siting, easements, and 
     licenses for the deployment of 6G, including those involving 
     Federal, State, local, and Tribal infrastructure.
       (I) Other factors relevant to the successful private sector 
     development and deployment of 6G and advanced wireless 
     communications technologies, such as artificial intelligence 
     and machine learning, satellite and fixed wireless broadband, 
     and open radio access network technologies.
       (3) Legislative recommendations.--The Council shall not 
     include in the report submitted under paragraph (1) any 
     legislative recommendation to Congress related to the work of 
     the Council unless the recommendation has the support of a 
     majority of the members of the Council, established by a 
     formal vote on the recommendation the results of which are 
     disclosed in the report.
       (4) Notice and comment.--The Council shall--
       (A) publicly release for notice and comment--
       (i) each draft the Council prepares of the report required 
     under paragraph (1); and
       (ii) the final report required under paragraph (1) prior to 
     submission to Congress; and
       (B) respond in detail, in the report required under 
     paragraph (1), to any comments received under subparagraph 
     (A) of this paragraph.
       (h) Limitations.--
       (1) In general.--In performing the responsibilities of the 
     Council under this subtitle, the Council shall not engage in 
     activities, issue any advice, or submit recommendations on 
     matters related to the development of technical and 
     operational aspects of 6G if those matters have been defined 
     or developed by the private sector for past generations of 
     wireless communications networks, whether acting through 
     standards-setting bodies or individually by entities that 
     deploy and operate wireless communications networks, 
     including--
       (A) defining the features and capabilities of 6G or 
     advanced wireless communications technologies;
       (B) setting technological parameters, definitions, or 
     standards for 6G or advanced wireless communications 
     technologies; and
       (C) establishing, rejecting, or otherwise limiting business 
     or service models for 6G.
       (2) Standards-setting bodies.--The standards-setting bodies 
     referred to in paragraph (1) include--
       (A) the International Organization for Standardization;
       (B) the voluntary standards-setting bodies that develop 
     protocols for wireless devices and other equipment, such as 
     the 3rd Generation Partnership Project and the Institute of 
     Electrical and Electronics Engineers;
       (C) any standards-setting body accredited by the American 
     National Standards Institute or the Alliance for 
     Telecommunications Industry Solutions; and
       (D) specification-development organizations working on 
     technical specifications that may eventually become 
     incorporated in wireless standards.
       (i) Powers of Council.--
       (1) In general.--The Council or, on the authorization of 
     the Council, any panel 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, request such information, and call upon such 
     experts as the Council may determine necessary or beneficial 
     to the development of the strategy required under subsection 
     (g).
       (2) Contracting.--The Council, subject to a majority vote 
     approval, 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 
     relevant 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--

[[Page S5674]]

       (i) to the extent possible, avoid obtaining and using 
     classified information in the course of its work; and
       (ii) handle and protect all classified information provided 
     to the Council under this section in accordance with 
     applicable statutes and regulations.
       (D) Treatment of business-sensitive information.--The 
     Council shall--
       (i) to the extent possible, avoid obtaining and using 
     business-sensitive information, including trade secrets, and 
     other competitively sensitive information; and
       (ii) handle and protect all business-sensitive information 
     provided to the Council under this section in accordance with 
     applicable statutes, contracts, and regulations.
       (E) Penalties for disclosure.--Any unauthorized disclosure 
     of classified information or business-sensitive information 
     by staff of the Council shall serve as grounds for dismissal 
     from the Council.
       (4) 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 of the Council, 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.
       (j) 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 a majority of 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.--
       (i) In general.--Not more than 25 employees of the Federal 
     Government may be detailed to the Council without 
     reimbursement from the Council, and any such detailee shall 
     retain the rights, status, and privileges of his or her 
     regular employment without interruption.
       (ii) Majority approval.--The detail of an employee of the 
     Federal Government to the Council under clause (i) shall be 
     subject to approval by the majority of the Council.
       (C) Assistance from federal agencies.--
       (i) General services administration.--The Administrator of 
     General Services shall provide to the Commission on a 
     reimbursable basis administrative support and other services 
     for the performance of the functions of the Commission.
       (ii) Other departments and agencies.--In addition to the 
     assistance described in clause (i), departments and agencies 
     of the United States may provide to the Commission such 
     services, funds, facilities, staff, and other support 
     services subject to a majority approval of the Council and as 
     may be authorized by law.
       (D) Application of ethics rules.--For purposes of the 
     Ethics in Government Act of 1978 (5 U.S.C. App.) and the 
     STOCK Act (Public Law 112-105; 126 Stat. 291), the staff 
     director and other personnel appointed pursuant to this 
     subsection, including experts and consultants employed under 
     paragraph (2), shall be deemed employees of Congress and 
     subject to applicable House and Senate ethics rules.
       (2) Consultant services.--
       (A) In general.--The Council may procure the services of 
     experts and, if determined necessary by a majority of the 
     members of the Council, and subject to the evaluation under 
     subsection (r)(1)(B), procure the services of expert 
     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) Penalties for disclosure.--
       (i) Dismissal.--Any unauthorized disclosure of business-
     sensitive information by a consultant shall serve as grounds 
     for dismissal from the Council.
       (ii) Prosecution.--It is the sense of Congress that any 
     unauthorized disclosure of business-sensitive information by 
     a consultant should be prosecuted to the fullest extent of 
     the law.
       (k) 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 (m)(4), 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.
       (l) Working Group.--
       (1) In general.--There is established a working group, 
     which shall--
       (A) provide information, data, and input to the Council at 
     regular intervals and on key issues under consideration by 
     the Council; and
       (B) observe all actions of the Council.
       (2) Composition.--The working group described in paragraph 
     (1) shall be composed of 8 experts--
       (A) chosen from--
       (i) the private sector experienced in deploying and 
     operating wireless communications networks and that expect to 
     deploy 6G; and
       (ii) the private sector researching and developing advanced 
     wireless communications technologies; and
       (iii) additional impacted stakeholders involved in 
     deploying and operating advanced wireless communications 
     technologies, including consideration of those involved with 
     the labor and workforce, States, Indian Tribes, and 
     localities, and academic research; and
       (B) who shall be jointly appointed by--
       (i) the Chair of the Federal Communications Commission;
       (ii) the Commissioner of the Federal Communications 
     Commission appointed to the Council under subsection 
     (b)(1)(A)(iii); and
       (iii) the Assistant Secretary of Commerce for 
     Communications and Information.
       (3) Input.--
       (A) In general.--The Council shall provide the members of 
     the working group described in paragraph (1) the opportunity 
     to review and comment on the work of the Council, including--
       (i) the agenda of the Council;
       (ii) any briefing materials or other informational 
     documents prepared by the staff of the Council for the 
     members of the Council;
       (iii) each draft of the final report being developed under 
     subsection (n), prior to the publication of the draft for 
     public comment under paragraph (2) of that subsection; and
       (iv) the final report being developed under subsection (n), 
     prior to the publication of the final report for public 
     comment under paragraph (2) of that subsection.
       (B) Publication.--The Council shall include in any public 
     notice related to the final report required under subsection 
     (n), and in the final report, a summary of the comments 
     provided by the working group under subparagraph (A).
       (m) Consultation.--The Council shall consult with and seek 
     advice from--
       (1) the Technical Advisory Council of the Federal 
     Communications Commission; and
       (2) the Commerce Spectrum Management Advisory Committee of 
     the National Telecommunications and Information 
     Administration.
       (n) 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), so long as the report complies with the 
     requirements of this section and has the support of not less 
     than a majority of the members of the Council.
       (2) Drafts.--The Council shall publish in the Federal 
     Register--
       (A) for public comment--
       (i) each draft prepared by the Council of the report 
     required under paragraph (1); and
       (ii) the final report required under paragraph (1) prior to 
     submission to Congress under that paragraph; and
       (B) responses to any comments the Council receives under 
     subparagraph (A) with respect to a draft or the final report.
       (3) Disclosure.--The Council shall--
       (A) publish the final report required under paragraph (1) 
     on the website of the National Telecommunications and 
     Information Administration; and
       (B) notice the publishing of the final report under 
     subparagraph (A) in the Federal Register.
       (4) 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

[[Page S5675]]

     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.
       (o) Assessments of Final Report.--Not later than 60 days 
     after submission of the final report under subsection (m)(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.
       (p) 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.
       (q) Audits and Accounting.--Not later than 180 days after 
     the date on which all members of the Council have been 
     appointed under subsection (c)(1), and annually thereafter 
     until the termination of the Council, the Council shall file 
     with the appropriate congressional committees a detailed and 
     complete accounting of--
       (1) the spending by the Council of any appropriated funds;
       (2) the staffing of the Council and their salaries, 
     including any detailees assigned to the Council; and
       (3) the work of the Council over the period covered by the 
     report, including in particular efforts by the Council to 
     conduct outreach to and solicit input from non-Federal 
     entities on the work of the Council.
       (r) Miscellaneous Matters.--
       (1) Qualifications.--The co-chairs of the Council shall 
     evaluate--
       (A) the members and staff of the Council to ensure that all 
     members and staff possess relevant subject matter expertise 
     that will help advance the mission of the Council; and
       (B) the members, staff, and consultants of the Council to 
     avoid conflicts of interest, potential for espionage, and 
     opportunities for self-dealing or corporate dealing.
       (2) Authority.--The Council shall have no power to--
       (A) prescribe regulations under section 553 of title 5, 
     United States Code, or any other applicable law;
       (B) issue guidance on how any Federal entity shall 
     interpret or apply any existing law or regulation; or
       (C) issue guidance on how any entity shall comply with any 
     existing law or regulation.
       (3) Savings clauses.--Nothing in this subtitle shall be 
     interpreted or construed to--
       (A) confer upon the Council any legislative, regulatory, or 
     rulemaking authority with respect to any duties or 
     responsibilities directly or indirectly assigned to the 
     Council by this subtitle;
       (B) alter, amend, adjust, or otherwise impact the 
     jurisdiction of the Federal Communications Commission, the 
     National Telecommunications and Information Administration, 
     the Department of Commerce, and any other Federal agency with 
     respect to any duties or responsibilities directly or 
     indirectly assigned to the Council by this subtitle;
       (C) confer upon any Federal agency the authority, 
     obligation, duty, or responsibility to take action on any 
     recommendations issued by the Council; or
       (D) authorize any Federal agency to take action on any 
     recommendation issued by the Council without first engaging 
     in any regulatory or rulemaking process required by law the 
     Federal agency.
       (s) Funding.--
       (1) Authorization of appropriations.--There are authorized 
     to be appropriated $10,000,000, to remain available until 
     expended, 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 or until the date that the Council terminates under 
     subsection (m)(4).
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