What This Bill Does
This bill tells the Federal Communications Commission (FCC) to create a council that gives advice about making communications networks more secure, reliable and able to work together. The council will study these issues and share recommendations with the FCC.
Who It Affects
The Federal Communications Commission, communications companies, public interest organizations, academic institutions, federal agencies, state governments, local governments and tribal governments.
Key Provisions
• The FCC must establish a new council or use an existing advisory committee within 90 days after the bill becomes law. (Sec. 2(a))
• Council members must include representatives from communications companies, public interest groups or academic institutions, and at least one representative each from federal, state, local and tribal governments. (Sec. 2(b))
• Companies or organizations that the FCC Chair determines are "not trusted" cannot join the council. An entity is "not trusted" if owned, controlled or influenced by a foreign adversary or if it poses a threat to U.S. national security. (Sec. 2(e)(4))
• Every 2 years, the council must send reports to the FCC Chair with recommendations about improving security, reliability and ability of communications networks to work together. (Sec. 2(c)(1))
• The FCC must publish all council reports on its public website. (Sec. 2(c)(2))
What Changes
If this becomes law, the FCC will have a permanent council dedicated to advising on communications network security and reliability. The council will produce public reports every two years with recommendations.
Important Definitions
• "Not trusted" means an entity owned, controlled or influenced by a foreign adversary or one that threatens U.S. national security.
• "Chair" means the Chair of the Federal Communications Commission.
I
118TH CONGRESS
1ST SESSION H. R. 1370
To direct the Federal Communications Commission to establish a council
to make recommendations on ways to increase the security, reliability,
and interoperability of communications networks, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 3, 2023
Ms. SLOTKIN (for herself and Mr. WALBERG) introduced the following bill;
which was referred to the Committee on Energy and Commerce
A BILL
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
SECTION 1. SHORT TITLE.
3
This Act may be cited as the ‘‘Communications Secu-
4
rity Act’’.
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•HR 1370 IH
SEC. 2. COUNCIL ON COMMUNICATIONS SECURITY, RELI-
1
ABILITY, AND INTEROPERABILITY.
2
(a) ESTABLISHMENT.—Not later than 90 days after
3
the date of the enactment of this Act, the Commission
4
shall—
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(1) establish a council to advise the Commission
6
on issues including the security, reliability, and
7
interoperability of communications networks; or
8
(2) designate for purposes of this section an ad-
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visory committee of the Commission that is oper-
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ating on the date of the enactment of this Act under
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a charter for the purpose of addressing the issues
12
described in paragraph (1) and, if the membership
13
of such committee does not comply with subsection
14
(b), modify such membership to comply with such
15
subsection.
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(b) MEMBERSHIP.—
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(1) APPOINTMENT.—The members of the coun-
18
cil shall be appointed by the Chair.
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(2) COMPOSITION.—To the extent practicable,
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the membership of the council shall be composed of
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the following:
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(A) Representatives of companies in the
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communications industry, except companies
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that are determined by the Chair to be not
25
trusted.
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•HR 1370 IH
(B) Representatives of public interest orga-
1
nizations or academic institutions, except public
2
interest organizations or academic institutions
3
that are determined by the Chair to be not
4
trusted.
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(C) Representatives of the Federal Govern-
6
ment, State governments, local governments, or
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Tribal Governments, with at least one member
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representing each such type of government.
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(3) KNOWLEDGE
AND
EXPERIENCE.—Each
10
member of the council shall have knowledge and ex-
11
perience relevant to the purpose and goals of the
12
council.
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(4) TERMS.—
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(A) IN GENERAL.—Each member of the
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council shall be appointed for a term of 2 years,
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except as provided in subparagraph (B).
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(B) VACANCIES.—Any member appointed
18
to fill a vacancy occurring before the expiration
19
of the term for which the member’s predecessor
20
was appointed shall be appointed only for the
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remainder of that term. A member may serve
22
after the expiration of that member’s term until
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a successor has taken office.
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(c) REPORTS.—
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•HR 1370 IH
(1) IN GENERAL.—Not later than 2 years after
1
the date on which the council is established or des-
2
ignated (as the case may be) under subsection (a),
3
and every 2 years thereafter, the council shall sub-
4
mit to the Chair each report adopted by the council
5
during the preceding 2-year period, and any report
6
adopted by any working group of the council during
7
such period, including any such report of the council
8
or a working group containing recommendations on
9
ways to increase the security, reliability, and inter-
10
operability of communications networks, and on
11
other relevant issues as appropriate.
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(2) AVAILABILITY ON COMMISSION WEBSITE.—
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The Commission shall make each report submitted
14
under paragraph (1) publicly available on the
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website of the Commission.
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(d) DURATION.—Section 1013(a)(2) of title 5,
17
United States Code (relating to the termination of advi-
18
sory committees) shall not apply to the council.
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(e) DEFINITIONS.—In this section:
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(1) CHAIR.—The term ‘‘Chair’’ means the
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Chair of the Commission.
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(2) COMMISSION.—The term ‘‘Commission’’
23
means the Federal Communications Commission.
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•HR 1370 IH
(3) COUNCIL.—The term ‘‘council’’ means the
1
council established under subsection (a)(1) or the
2
advisory committee designated under subsection
3
(a)(2), as the case may be.
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(4) NOT TRUSTED.—
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(A) IN GENERAL.—The term ‘‘not trusted’’
6
means, with respect to an entity, that—
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(i) the Chair has made a public deter-
8
mination that such entity is owned by, con-
9
trolled by, or subject to the influence of a
10
foreign adversary; or
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(ii) the Chair otherwise determines
12
that such entity poses a threat to the na-
13
tional security of the United States.
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(B) CRITERIA
FOR
DETERMINATION.—In
15
making a determination under subparagraph
16
(A)(ii), the Chair shall use the criteria de-
17
scribed in paragraphs (1) through (4) of section
18
2(c) of the Secure and Trusted Communica-
19
tions Networks Act of 2019 (47 U.S.C.
20
1601(c)), as appropriate.
21
(5) STATE.—The term ‘‘State’’ has the mean-
22
ing given such term in section 3 of the Communica-
23
tions Act of 1934 (47 U.S.C. 153).
24
Æ
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