Communications Security Act
Officially: “Communications Security Act” Read the full text
What it does
Read it in plain language
1Short title
This section would let the Act be cited as the Communications Security Act.
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1. Short title This Act may be cited as the Communications Security Act .
2Council on communications security, reliability, and interoperability
This section would require the Federal Communications Commission, within 90 days after the Act's enactment, to either establish a new council to advise the Commission on issues including the security, reliability, and interoperability of communications networks, or designate an existing Commission advisory committee that is already operating under a charter for addressing those same issues. If the Commission designates an existing committee whose membership does not meet the membership rules described below, the Commission would have to modify that committee's membership so it does comply. The Chair of the Commission would appoint the council's members. To the extent practicable, the council's membership would be composed of: representatives of companies in the communications industry, except any company the Chair determines to be not trusted; representatives of public interest organizations or academic institutions, except any such organization or institution the Chair determines to be not trusted; and representatives of the Federal Government, State governments, local governments, or Tribal governments, with at least one member representing each of those four types of government. Each council member would need knowledge and experience relevant to the council's purpose and goals. Each member would be appointed for a 2-year term, except that a member appointed to fill a vacancy that opens before the predecessor's term expires would serve only the remainder of that unexpired term, and any member could continue serving after their term expires until a successor takes office. Not later than 2 years after the council is established or designated, and every 2 years after that, the council would have to submit to the Chair every report the council adopted during the preceding 2-year period, plus any report adopted by any working group of the council during that period, including any such report containing recommendations on ways to increase the security, reliability, and interoperability of communications networks and on other relevant issues as appropriate. The Commission would have to make each submitted report publicly available on the Commission's website. The section would exempt the council from section 1013(a)(2) of title 5, United States Code, the provision that otherwise terminates federal advisory committees, so that provision would not apply to the council. The section defines Chair to mean the Chair of the Commission, and Commission to mean the Federal Communications Commission. It defines council to mean either the council established under subsection (a)(1) or the advisory committee designated under subsection (a)(2), whichever applies. It defines not trusted, with respect to an entity, to mean that either the Chair has made a public determination that the entity is owned by, controlled by, or subject to the influence of a foreign adversary, or the Chair otherwise determines that the entity poses a threat to the national security of the United States; in making that second type of determination, the Chair would 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. Finally, the section defines State to have the meaning given that term in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
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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— (1) establish a council to advise the Commission on issues including the security, reliability, and interoperability of communications networks; or (2) designate for purposes of this section an advisory committee of the Commission that is operating on the date of the enactment of this Act under a charter for the purpose of addressing the issues described in paragraph (1) and, if the membership of such committee does not comply with subsection (b), modify such membership to comply with such subsection. (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 or designated (as the case may be) 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 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 Chair 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)(1) or the advisory committee designated under subsection (a)(2), as the case may be. (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 ).
Where it is
In the House.