[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 828 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 828
To codify and authorize the Federal Communications Commission's
establishment 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 Commission's
establishment of a council to make recommendations on ways to increase
the security, reliability, and interoperability of communications
networks, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Security Act''.
SEC. 2. COUNCIL ON COMMUNICATIONS SECURITY, RELIABILITY, AND
INTEROPERABILITY.
(a) Codification and Establishment.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act, the Commission shall establish a council
to advise the Commission on issues including the security,
reliability, and interoperability of communications networks.
(2) Existing advisory committee.--Any Federal advisory
committee of the Commission that is operating on the date of
enactment of this Act under a charter filed in accordance with
section 1008(c) of title 5, United States Code, for the purpose
of addressing the issues described in paragraph (1) of this
subsection shall satisfy the requirement under that paragraph
if, not later than 90 days after that date, the membership of
the Federal advisory committee is modified, as necessary, to
comply with subsection (b) of this section.
(b) Membership.--
(1) Appointment.--The members of the Council shall be
appointed by the Chair.
(2) Composition.--The Chair shall appoint as members of the
Council the following:
(A) Representatives of companies or relevant trade
associations in the communications industry with
facilities in the United States, except entities that
are determined by the Chair to be not trusted,
including, at minimum--
(i) 1 representative of a national wireless
provider;
(ii) 1 representative of a national
wireline provider;
(iii) 1 representative of a national cable
provider;
(iv) 1 representative of a national
satellite provider; and
(v) 1 representative of an equipment
manufacturer.
(B) Representatives of government, including, at
minimum--
(i) 1 representative of the Federal
Government, including not less than 1
representative of the Department of Homeland
Security; and
(ii) 1 representative of a State
government, local government, or Tribal
government, including not less than 1
representative from each type of government, if
feasible.
(C) Representatives of public interest
organizations or academic institutions, except public
interest organizations or academic institutions that
are determined by the Chair to be not trusted, provided
that not more than \1/3\ of the membership of the
Council be from public interest organizations or
academic institutions.
(3) Knowledge and experience.--Each member of the Council
shall have knowledge and experience relevant to the purpose and
goals of the Council.
(4) Terms.--
(A) In general.--Each member of the Council shall
be appointed for a term of 2 years, except as provided
in subparagraph (B).
(B) Vacancies.--Any member appointed to fill a
vacancy occurring before the expiration of the term for
which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member
may serve after the expiration of that member's term
until a successor has taken office.
(c) Consultation.--The Chair may consult with the Secretary of
Homeland Security as the Chair determines appropriate to enable
coordination on matters pertaining to the Council.
(d) Duration.--Section 1013(a)(2) of title 5, United States Code,
(relating to the termination of advisory committees) shall not apply to
the Council.
(e) Definitions.--In this section:
(1) Chair.--The term ``Chair'' means the Chairman of the
Commission.
(2) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(3) Council.--The term ``Council'' means the council
established under subsection (a).
(4) Not trusted.--The term ``not trusted'' means, with
respect to an entity, that--
(A) the Chair has made a public determination that
such entity is owned by, controlled by, or subject to
the influence of a foreign adversary; or
(B) the Chair determines that such entity poses a
threat to the national security of the United States,
using solely the criteria described in paragraphs (1)
through (4) of section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (47 U.S.C.
1601(c)), as appropriate.
(5) State.--The term ``State'' has the meaning given such
term in section 3 of the Communications Act of 1934 (47 U.S.C.
153).
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