[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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