[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.
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(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--
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(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
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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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