[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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.

                                  
                                  
                                  [all]