Communications Security Act

This Act may be cited as the “Communications Security Act”.

(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).