[House Report 117-145]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-145
======================================================================
COMMUNICATIONS SECURITY, RELIABILITY, AND INTEROPERABILITY COUNCIL ACT
_______
October 15, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce,
submitted the following
R E P O R T
[To accompany H.R. 4067]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4067) 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, having considered the same, reports favorably thereon
with an amendment and recommends that the bill as amended do
pass.
CONTENTS
Page
I. Purpose and Summary..............................................3
II. Background and Need for the Legislation..........................3
III. Committee Hearings...............................................4
IV. Committee Consideration..........................................4
V. Committee Votes..................................................5
VI. Oversight Findings...............................................5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures5
VIII.Federal Mandates Statement.......................................5
IX. Statement of General Performance Goals and Objectives............5
X. Duplication of Federal Programs..................................5
XI. Committee Cost Estimate..........................................5
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................6
XIV. Applicability to Legislative Branch..............................6
XV. Section-by-Section Analysis of the Legislation...................6
XVI. Changes in Existing Law Made by the Bill, as Reported............6
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Communications Security,
Reliability, and Inter-operability Council Act''.
SEC. 2. COUNCIL ON COMMUNICATIONS SECURITY, RELIABILITY, AND
INTEROPERABILITY.
(a) Establishment.--Not later than 90 days after the date
of the 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.
(b) Membership.--
(1) Appointment.--The members of the council shall be
appointed by the Chair.
(2) Composition.--To the extent practicable, the
membership of the council shall be composed of the
following:
(A) Representatives of companies in the
communications industry, except companies that are
determined by the Chair to be not trusted.
(B) 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.
(C) Representatives of the Federal Government,
State governments, local governments, or Tribal
Governments, with at least one member representing
each such type of government.
(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) Reports.--
(1) In general.--Not later than 2 years after the date
on which the council is established under subsection
(a), and every 2 years thereafter, the council shall
submit to the Chair each report adopted by the council
during the preceding 2-year period, and any report
adopted by any working group of the council during such
period, including any such report of the council or a
working group containing recommendations on ways to
increase the security, reliability, and
interoperability of communications networks, and on
other relevant issues as appropriate.
(2) Availability on commission website.--The Commission
shall make each report submitted under paragraph (1)
publicly available on the website of the Commission.
(d) Duration.--Section 14(a)(2)(B) of the Federal Advisory
Committee Act (5 U.S.C. App.; 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 Chair of the
Commission.
(2) Commission.--The term ``Commission'' means the
Federal Communications Commission.
(3) Council.--The term ``council'' means the council
established under sub-section (a).
(4) Not trusted.--
(A) In general.--The term ``not trusted'' means,
with respect to an entity, that--
(i) 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
(ii) the Chair otherwise determines that such
entity poses a threat to the national security of
the United States.
(B) Criteria for determination.--In making a
determination under subparagraph (A)(ii), the Chair
shall use 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).
I. PURPOSE AND SUMMARY
H.R. 4067, the ``Communications Security Advisory Act of
2021,'' directs the Chair of the Federal Communications
Commission (FCC) to establish a committee to advise the
Commission on issues related to the security, reliability, and
interoperability of communications networks.
II. BACKGROUND AND NEED FOR LEGISLATION
The FCC established the Communications Security,
Reliability, and Interoperability Council (CSRIC) to ``provide
recommendations to the Commission regarding best practices and
actions the Commission can take to ensure optimal security,
reliability, and interoperability of commercial and public
safety communications.''\1\ A hallmark of the body has been the
collaboration between representatives from private industry,
government, and other stakeholders in a forum that facilitates
information sharing and the advancement of important issues.\2\
CSRIC has been recharted in two-year increments since 2009 with
new membership, working groups, and issues, including most
recently in April 2021.\3\
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\1\Federal Communications Commission, FCC Announces First Meeting
of the Communications Security, Reliability, and Interoperability
Council (CSRIC) Scheduled for December 7, 2009, at FCC Headquarters,
Public Notice, DA 09-2429 (Nov. 17, 2009).
\2\John Marinho, CSRIC: A Crucial Cybersecurity Partnership
Protecting Wireless Consumers, and Federal Agencies, CTIA Blog (March
10, 2021) (available at www.ctia.org/news/blog-csric-a-crucial-
cybersecurity-partnership-protecting-wireless-consumers-and-federal-
agencies).
\3\Federal Communications Commission, FCC Announces Intent to Re-
Establish the Communications Security, Reliability, and
Interoperability Council and Solicits Nominations for Membership,
Public Notice, DA 21-430 (Apr. 15, 2021).
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Experts have indicated the importance to the information
and communications technology sector of advancing and
strengthening existing government partnerships--especially
those between agencies in the Department of Commerce, the FCC,
and the Department of Homeland Security's Cybersecurity and
Infrastructure Security Agency (CISA).\4\ The legislation would
advance that goal by making CSRIC a permanent advisory council
to the FCC, without making changes to the purpose or operations
of the body.
---------------------------------------------------------------------------
\4\Testimony of Clete Johnson, Hearing on A Safe Wireless Future:
Securing Our Networks and Supply Chains, United States House of
Representatives Committee on Energy and Commerce, Subcommittee on
Communications and Technology (June 30, 2021).
---------------------------------------------------------------------------
III. COMMITTEE HEARINGS
For the purposes of clause 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 4067:
The Subcommittee on Communications and Technology held a
hearing on April 21, 2021, entitled ``Leading the Wireless
Future: Securing American Network Technology.'' The
Subcommittee received testimony from the following witnesses:
John Baker, Senior Vice President, Business
Development; Mavenir;
John Mezzalingua, Chief Executive Officer,
JMA Wireless;
Tim Donovan, SVP, Legislative Affairs,
Competitive Carriers Association;
Tareq Amin, EVP and Group Chief Technology
Officer, Rakuten Mobile; and
Diane Rinaldo, Executive Director, Open RAN
Policy Coalition.
The Subcommittee on Communications and Technology held a
legislative hearing on June 30, 2021, entitled ``A Safe
Wireless Future: Securing our Networks and Supply Chains.'' The
Subcommittee received testimony from the following witnesses:
Dileep Srihari, Senior Policy Counsel, Access
Partnership;
Dean Brenner, Senior Vice President--Spectrum
Strategy and Tech Policy, Qualcomm Incorporated;
Jason Boswell, Head of Security, Network
Product Solutions, N.A., Ericsson; and
Clete Johnson, Senior Fellow, Strategic
Technologies Program, Center for Strategic and
International Studies
IV. COMMITTEE CONSIDERATION
Representatives Elissa Slotkin (D-MI), Kurt Schrader (D-
OR), and Tim Walberg (R-MI) introduced H.R. 4067, the
``Communications Security Advisory Act of 2021,'' on June 22,
2021, and it was referred to the Committee on Energy and
Commerce. Subsequently, on June 23, 2021, H.R. 4067 was
referred to the Subcommittee on Communications and Technology.
A legislative hearing was held on the bill on June 30, 2021.
H.R. 4067 was discharged from the Subcommittee on
Communications and Technology on July 20, 2021.
On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4067 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative
Schrader was agreed to by a voice vote. Upon conclusion of
consideration of the bill, the full Committee agreed to a
motion on final passage offered by Representative Pallone (D-
NJ), Chairman of the Committee, to order H.R. 4067 reported
favorably to the House, amended, by a voice vote.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
4067.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to
permanently establish the Communications Security, Reliability,
and Interoperability Council for the purpose of developing best
practices and advising the Chair of the Federal Communications
Commission on issues related to Communications Security,
Reliability and Interoperability.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 4067 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4067 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
One advisory committee within the meaning of section 5(b)
of the Federal Advisory Committee Act was created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Communications Security Advisory Act of 2021.''
Sec. 2. Council on Communications Security, Reliability, and
Interoperability
Section 2 directs the FCC to establish, within 90 days, a
council (Council) to advise the Commission on, among other
things, the security, reliability, and interoperability of
communications networks.
It provides that the Chair of the Commission (Chair) can
appoint members to the Council, which, to the extent
practicable, shall be composed of representatives from
companies in the communications industry, except those
companies determined by the Chair to be not trusted;
representatives from public interest or academia, except from
organizations or institutions determined by the Chair to be not
trusted; and representatives of the Federal government, state
and local government, and Tribal governments. Members shall
have the relevant knowledge and expertise on issues related to
the mission of the Council. The legislation also provides that
members' terms shall last two years, and that if there is a
vacancy the term shall last until the end of the previous term,
or a successor is named.
The legislation also requires the Council to submit reports
to the Chair every two years, and the reports shall be made
public on the Commission's website. Finally, it specifies that
Section 14(a)(2)(B) of the Federal Advisory Committee Act
regarding termination of advisory committees shall not apply to
the Council, and it defines terms used in the legislation,
including ``not trusted.''
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
4067.
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