February 27, 2025
Mr. Menendez introduced the following bill; which was referred to the Committee on Energy and Commerce
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.
Section 1. Short title
This Act may be cited as the Communications Security 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—
(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).