II 117th CONGRESS 2d Session S. 3988 IN THE SENATE OF THE UNITED STATES April 4 (legislative day, March 31), 2022 Mr. Peters (for himself and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To codify and authorize the Federal Communications Commission’s establishment of a council to make recommendations on ways to increase the security, reliability, and interoperability of communications networks, and for other purposes.

1. Short title This Act may be cited as the Communications Security, Reliability, and Interoperability Council Act . 2. Council on Communications Security, Reliability, and Interoperability (a) Codification and establishment (1) In general Not later than 90 days after the date of 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. (2) Existing advisory committee Any Federal advisory committee of the Commission that is operating on the date of enactment of this Act under a charter filed in accordance with section 9(c) of the Federal Advisory Committee Act (5 U.S.C. App.) for the purpose of addressing the issues described in paragraph (1) of this subsection shall satisfy the requirement under that paragraph if, not later than 90 days after that date, the membership of the Federal advisory committee is modified, as necessary, to comply with subsection (b) of this section. (b) Membership (1) Appointment The members of the Council shall be appointed by the Chair. (2) Composition The Chair shall appoint as members of the Council the following: (A) Representatives of companies or relevant trade associations in the communications industry with facilities in the United States, except entities that are determined by the Chair to be not trusted, including, at minimum— (i) 1 representative of a national wireless provider; (ii) 1 representative of a national wireline provider; (iii) 1 representative of a national cable provider; (iv) 1 representative of a national satellite provider; and (v) 1 representative of an equipment manufacturer. (B) Representatives of government, including, at minimum— (i) 1 representative of the Federal Government, including not less than 1 representative of the Department of Homeland Security; and (ii) 1 representative of a State government, local government, or Tribal government, including not less than 1 representative from each type of government, if feasible. (C) 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, provided that not more than 1/3 of the membership of the Council be from public interest organizations or academic institutions. (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) Consultation The Chair may consult with the Secretary of Homeland Security as the Chair determines appropriate to enable coordination on matters pertaining to the Council. (d) Duration Section 14(a)(2) 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 Chairman 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). (4) Not trusted The term not trusted means, with respect to an entity, that— (A) 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 (B) the Chair determines that such entity poses a threat to the national security of the United States, using solely 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 ).