Communications Security, Reliability, and Interoperability Council Act

IIB 117TH CONGRESS 1ST SESSION H. R. 4067 IN THE SENATE OF THE UNITED STATES OCTOBER 21, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To direct the Federal Communications Commission to estab- lish a council to make recommendations on ways to in- crease the security, reliability, and interoperability of communications networks, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:34 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4067.RFS H4067 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 4067 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Communications Secu- 2 rity, Reliability, and Interoperability Council Act’’. 3 SEC. 2. COUNCIL ON COMMUNICATIONS SECURITY, RELI- 4 ABILITY, AND INTEROPERABILITY. 5 (a) ESTABLISHMENT.—Not later than 90 days after 6 the date of the enactment of this Act, the Commission 7 shall establish a council, to advise the Commission on 8 issues including the security, reliability, and interoper- 9 ability of communications networks. 10 (b) MEMBERSHIP.— 11 (1) APPOINTMENT.—The members of the coun- 12 cil shall be appointed by the Chair. 13 (2) COMPOSITION.—To the extent practicable, 14 the membership of the council shall be composed of 15 the following: 16 (A) Representatives of companies in the 17 communications industry, except companies 18 that are determined by the Chair to be not 19 trusted. 20 (B) Representatives of public interest orga- 21 nizations or academic institutions, except public 22 interest organizations or academic institutions 23 that are determined by the Chair to be not 24 trusted. 25 VerDate Sep 11 2014 02:34 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4067.RFS H4067 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 4067 RFS (C) Representatives of the Federal Govern- 1 ment, State governments, local governments, or 2 Tribal Governments, with at least one member 3 representing each such type of government. 4 (3) KNOWLEDGE AND EXPERIENCE.—Each 5 member of the council shall have knowledge and ex- 6 perience relevant to the purpose and goals of the 7 council. 8 (4) TERMS.— 9 (A) IN GENERAL.—Each member of the 10 council shall be appointed for a term of 2 years, 11 except as provided in subparagraph (B). 12 (B) VACANCIES.—Any member appointed 13 to fill a vacancy occurring before the expiration 14 of the term for which the member’s predecessor 15 was appointed shall be appointed only for the 16 remainder of that term. A member may serve 17 after the expiration of that member’s term until 18 a successor has taken office. 19 (c) REPORTS.— 20 (1) IN GENERAL.—Not later than 2 years after 21 the date on which the council is established under 22 subsection (a), and every 2 years thereafter, the 23 council shall submit to the Chair each report adopt- 24 ed by the council during the preceding 2-year period, 25 VerDate Sep 11 2014 02:34 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4067.RFS H4067 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 4067 RFS and any report adopted by any working group of the 1 council during such period, including any such re- 2 port of the council or a working group containing 3 recommendations on ways to increase the security, 4 reliability, and interoperability of communications 5 networks, and on other relevant issues as appro- 6 priate. 7 (2) AVAILABILITY ON COMMISSION WEBSITE.— 8 The Commission shall make each report submitted 9 under paragraph (1) publicly available on the 10 website of the Commission. 11 (d) DURATION.—Section 14(a)(2)(B) of the Federal 12 Advisory Committee Act (5 U.S.C. App.; relating to the 13 termination of advisory committees) shall not apply to the 14 council. 15 (e) DEFINITIONS.—In this section: 16 (1) CHAIR.—The term ‘‘Chair’’ means the 17 Chair of the Commission. 18 (2) COMMISSION.—The term ‘‘Commission’’ 19 means the Federal Communications Commission. 20 (3) COUNCIL.—The term ‘‘council’’ means the 21 council established under subsection (a). 22 (4) NOT TRUSTED.— 23 (A) IN GENERAL.—The term ‘‘not trusted’’ 24 means, with respect to an entity, that— 25 VerDate Sep 11 2014 02:34 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4067.RFS H4067 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 4067 RFS (i) the Chair has made a public deter- 1 mination that such entity is owned by, con- 2 trolled by, or subject to the influence of a 3 foreign adversary; or 4 (ii) the Chair otherwise determines 5 that such entity poses a threat to the na- 6 tional security of the United States. 7 (B) CRITERIA FOR DETERMINATION.—In 8 making a determination under subparagraph 9 (A)(ii), the Chair shall use the criteria de- 10 scribed in paragraphs (1) through (4) of section 11 2(c) of the Secure and Trusted Communica- 12 tions Networks Act of 2019 (47 U.S.C. 13 1601(c)), as appropriate. 14 (5) STATE.—The term ‘‘State’’ has the mean- 15 ing given such term in section 3 of the Communica- 16 tions Act of 1934 (47 U.S.C. 153). 17 Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:34 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4067.RFS H4067 pbinns on DSKJLVW7X2PROD with BILLS