; and (C) if the Under Secretary concludes that there is not sufficient evidence to seek relief from the Commission, the affected Federal entity may follow the processes established under paragraphs (2) and (3) of this subsection. (5) Rule of construction Nothing in this subsection may be construed to require the disclosure of classified information, or other information reflecting technical, procedural, or policy concerns that are exempt from disclosure under section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ). (c) Federal spectrum coordination responsibilities (1) In general Not later than 90 days after the date of enactment of this section, the Under Secretary shall establish a charter for the Spectrum Advisory Council. (2) Spectrum advisory council representative (A) In general The head of each Federal entity that is reflected in the membership of the Spectrum Advisory Council, as identified in the charter established under paragraph (1), shall appoint a senior-level employee (or an individual occupying a Senior Executive Service position, as defined in section 3132(a) of title 5, United States Code) who is eligible to receive a security clearance that allows for access to sensitive compartmented information to serve as the representative of the Federal entity to the Spectrum Advisory Council. (B) Security clearance requirement If an individual appointed under subparagraph (A) is not eligible to receive a security clearance described in that subparagraph— (i) the appointment shall be invalid; and (ii) the head of the Federal entity making the appointment shall appoint another individual who satisfies the requirements of that subparagraph, including the requirement that the individual is eligible to receive such a security clearance. (3) Duties An individual appointed under paragraph (2) shall— (A) oversee the spectrum coordination policies and procedures of the applicable Federal entity