What This Bill Does
This bill directs the Federal Communications Commission to establish and legally authorize a council that gives advice on how to make communications networks more secure, reliable and able to work together. The council must be set up within 90 days after the bill becomes law.
Who It Affects
Communications companies and trade associations with facilities in the United States, the Federal Communications Commission, the Department of Homeland Security, state and local governments, tribal governments, public interest organizations and academic institutions.
Key Provisions
- The Federal Communications Commission must establish a council within 90 days to advise on security, reliability and interoperability of communications networks. (Sec. 2(a)(1))
- The council must include representatives from wireless providers, wireline providers, cable providers, satellite providers and equipment manufacturers; at least one representative from the Federal Government (including the Department of Homeland Security); and at least one representative from state, local or tribal government. (Sec. 2(b)(2))
- Council members must have knowledge and experience relevant to the council's purpose and goals. (Sec. 2(b)(3))
- Each council member serves a two-year term, except members filling vacancies serve only the remainder of the previous member's term. (Sec. 2(b)(4))
- The council cannot be terminated under normal federal advisory committee rules. (Sec. 2(d))
What Changes
The bill creates a new legal requirement for the Federal Communications Commission to maintain this council focused on communications security, reliability and interoperability.
Important Definitions
"Not trusted" means an entity is owned by, controlled by or influenced by a foreign adversary, or poses a national security threat based on specific criteria from the Secure and Trusted Communications Networks Act of 2019. (Sec. 2(e)(4))
Effective Date
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 828
To codify and authorize the Federal Communications Commission’s establish-
ment of a council to make recommendations on ways to increase the
security, reliability, and interoperability of communications networks, and
for other purposes.
IN THE SENATE OF THE UNITED STATES
MARCH 15, 2023
Mr. PETERS (for himself and Mr. MORAN) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To codify and authorize the Federal Communications Com-
mission’s establishment of a council to make rec-
ommendations on ways to increase the security, reli-
ability, 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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SEC. 2. COUNCIL ON COMMUNICATIONS SECURITY, RELI-
1
ABILITY, AND INTEROPERABILITY.
2
(a) CODIFICATION AND ESTABLISHMENT.—
3
(1) IN GENERAL.—Not later than 90 days after
4
the date of enactment of this Act, the Commission
5
shall establish a council to advise the Commission on
6
issues including the security, reliability, and inter-
7
operability of communications networks.
8
(2) EXISTING
ADVISORY
COMMITTEE.—Any
9
Federal advisory committee of the Commission that
10
is operating on the date of enactment of this Act
11
under a charter filed in accordance with section
12
1008(c) of title 5, United States Code, for the pur-
13
pose of addressing the issues described in paragraph
14
(1) of this subsection shall satisfy the requirement
15
under that paragraph if, not later than 90 days
16
after that date, the membership of the Federal advi-
17
sory committee is modified, as necessary, to comply
18
with subsection (b) of this section.
19
(b) MEMBERSHIP.—
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(1) APPOINTMENT.—The members of the Coun-
21
cil shall be appointed by the Chair.
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(2) COMPOSITION.—The Chair shall appoint as
23
members of the Council the following:
24
(A) Representatives of companies or rel-
25
evant trade associations in the communications
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•S 828 IS
industry with facilities in the United States, ex-
1
cept entities that are determined by the Chair
2
to be not trusted, including, at minimum—
3
(i) 1 representative of a national wire-
4
less provider;
5
(ii) 1 representative of a national
6
wireline provider;
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(iii) 1 representative of a national
8
cable provider;
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(iv) 1 representative of a national sat-
10
ellite provider; and
11
(v) 1 representative of an equipment
12
manufacturer.
13
(B) Representatives of government, includ-
14
ing, at minimum—
15
(i) 1 representative of the Federal
16
Government, including not less than 1 rep-
17
resentative of the Department of Home-
18
land Security; and
19
(ii) 1 representative of a State govern-
20
ment, local government, or Tribal govern-
21
ment, including not less than 1 representa-
22
tive from each type of government, if fea-
23
sible.
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(C) 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, provided that not more than 1⁄3 of the
5
membership of the Council be from public inter-
6
est organizations or academic institutions.
7
(3) KNOWLEDGE
AND
EXPERIENCE.—Each
8
member of the Council shall have knowledge and ex-
9
perience relevant to the purpose and goals of the
10
Council.
11
(4) TERMS.—
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(A) IN GENERAL.—Each member of the
13
Council shall be appointed for a term of 2
14
years, except as provided in subparagraph (B).
15
(B) VACANCIES.—Any member appointed
16
to fill a vacancy occurring before the expiration
17
of the term for which the member’s predecessor
18
was appointed shall be appointed only for the
19
remainder of that term. A member may serve
20
after the expiration of that member’s term until
21
a successor has taken office.
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(c) CONSULTATION.—The Chair may consult with
23
the Secretary of Homeland Security as the Chair deter-
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mines appropriate to enable coordination on matters per-
1
taining to the Council.
2
(d) DURATION.—Section 1013(a)(2) of title 5,
3
United States Code, (relating to the termination of advi-
4
sory committees) shall not apply to the Council.
5
(e) DEFINITIONS.—In this section:
6
(1) CHAIR.—The term ‘‘Chair’’ means the
7
Chairman of the Commission.
8
(2) COMMISSION.—The term ‘‘Commission’’
9
means the Federal Communications Commission.
10
(3) COUNCIL.—The term ‘‘Council’’ means the
11
council established under subsection (a).
12
(4) NOT TRUSTED.—The term ‘‘not trusted’’
13
means, with respect to an entity, that—
14
(A) the Chair has made a public deter-
15
mination that such entity is owned by, con-
16
trolled by, or subject to the influence of a for-
17
eign adversary; or
18
(B) the Chair determines that such entity
19
poses a threat to the national security of the
20
United States, using solely the criteria de-
21
scribed in paragraphs (1) through (4) of section
22
2(c) of the Secure and Trusted Communica-
23
tions Networks Act of 2019 (47 U.S.C.
24
1601(c)), as appropriate.
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(5) STATE.—The term ‘‘State’’ has the mean-
1
ing given such term in section 3 of the Communica-
2
tions Act of 1934 (47 U.S.C. 153).
3
Æ
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