[116th Congress Public Law 124]
[From the U.S. Government Publishing Office]
[[Page 157]]
SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019
[[Page 134 STAT. 158]]
Public Law 116-124
116th Congress
An Act
To prohibit certain Federal subsidies from being used to purchase
communications equipment or services posing national security risks, to
provide for the establishment of a reimbursement program for the
replacement of communications equipment or services posing such risks,
and for other purposes. <<NOTE: Mar. 12, 2020 - [H.R. 4998]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Secure and
Trusted Communications Networks Act of 2019.>>
SECTION 1. <<NOTE: 47 USC 1601 note.>> SHORT TITLE.
This Act may be cited as the ``Secure and Trusted Communications
Networks Act of 2019''.
SEC. 2. <<NOTE: 47 USC 1601.>> DETERMINATION OF COMMUNICATIONS
EQUIPMENT OR SERVICES POSING NATIONAL SECURITY
RISKS.
(a) Publication of Covered Communications Equipment or Services
List.-- <<NOTE: Deadline. Web posting.>> Not later than 1 year after the
date of the enactment of this Act, the Commission shall publish on its
website a list of covered communications equipment or services.
(b) Publication by Commission.--The Commission shall place on the
list published under subsection (a) any communications equipment or
service, if and only if such equipment or service--
(1) is produced or provided by any entity, if, based
exclusively on the determinations described in paragraphs (1)
through (4) of subsection (c), such equipment or service
produced or provided by such entity poses an unacceptable risk
to the national security of the United States or the security
and safety of United States persons; and
(2) is capable of--
(A) routing or redirecting user data traffic or
permitting visibility into any user data or packets that
such equipment or service transmits or otherwise
handles;
(B) causing the network of a provider of advanced
communications service to be disrupted remotely; or
(C) otherwise posing an unacceptable risk to the
national security of the United States or the security
and safety of United States persons.
(c) Reliance on Certain Determinations.--In taking action under
subsection (b)(1), the Commission shall place on the list any
communications equipment or service that poses an unacceptable risk to
the national security of the United States or the security and safety of
United States persons based solely on one or more of the following
determinations:
(1) A specific determination made by any executive branch
interagency body with appropriate national security expertise,
[[Page 131 STAT. 159]]
including the Federal Acquisition Security Council established
under section 1322(a) of title 41, United States Code.
(2) A specific determination made by the Department of
Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg.
22689; relating to securing the information and communications
technology and services supply chain).
(3) The communications equipment or service being covered
telecommunications equipment or services, as defined in section
889(f)(3) of the John S. McCain National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918).
(4) A specific determination made by an appropriate national
security agency.
(d) Updating of List.--
(1) In general.--The Commission shall periodically update
the list published under subsection (a) to address changes in
the determinations described in paragraphs (1) through (4) of
subsection (c).
(2) Monitoring of determinations.--The Commission shall
monitor the making or reversing of the determinations described
in paragraphs (1) through (4) of subsection (c) in order to
place additional communications equipment or services on the
list published under subsection (a) or to remove communications
equipment or services from such list. If a determination
described in any such paragraph that provided the basis for a
determination by the Commission under subsection (b)(1) with
respect to any communications equipment or service is reversed,
the Commission shall remove such equipment or service from such
list, except that the Commission may not remove such equipment
or service from such list if any other determination described
in any such paragraph provides a basis for inclusion on such
list by the Commission under subsection (b)(1) with respect to
such equipment or service.
(3) Public notification.-- <<NOTE: Time period.>> For each
12-month period during which the list published under subsection
(a) is not updated, the Commission shall notify the public that
no updates were necessary during such period to protect national
security or to address changes in the determinations described
in paragraphs (1) through (4) of subsection (c).
SEC. <<NOTE: 47 USC 1602.>> 3. PROHIBITION ON USE OF CERTAIN
FEDERAL SUBSIDIES.
(a) In General.--
(1) Prohibition.--A Federal subsidy that is made available
through a program administered by the Commission and that
provides funds to be used for the capital expenditures necessary
for the provision of advanced communications service may not be
used to--
(A) purchase, rent, lease, or otherwise obtain any
covered communications equipment or service; or
(B) maintain any covered communications equipment or
service previously purchased, rented, leased, or
otherwise obtained.
(2) Timing.-- <<NOTE: Applicability. Effective date. Time
period.>> Paragraph (1) shall apply with respect to any covered
communications equipment or service beginning on the date that
is 60 days after the date on which the Commission places such
equipment or service on the list required by section 2(a). In
the case of any covered communications equipment or service that
is on the initial list published under such section,
[[Page 131 STAT. 160]]
such equipment or service shall be treated as being placed on
the list on the date on which such list is published.
(b) Completion of Proceeding.-- <<NOTE: Deadline.>> Not later than
180 days after the date of the enactment of this Act, the Commission
shall adopt a Report and Order to implement subsection (a). If the
Commission has, before the date of the enactment of this Act, taken
action that in whole or in part implements subsection (a), the
Commission is not required to revisit such action, but only to the
extent such action is consistent with this section.
SEC. <<NOTE: 47 USC 1603.>> 4. SECURE AND TRUSTED COMMUNICATIONS
NETWORKS REIMBURSEMENT PROGRAM.
(a) In General.--The Commission shall establish a reimbursement
program, to be known as the ``Secure and Trusted Communications Networks
Reimbursement Program'', to make reimbursements to providers of advanced
communications service to replace covered communications equipment or
services.
(b) Eligibility.--The Commission may not make a reimbursement under
the Program to a provider of advanced communications service unless the
provider--
(1) has 2,000,000 or fewer customers; and
(2) makes all of the certifications required by subsection
(d)(4).
(c) Use of Funds.--
(1) In general.--A recipient of a reimbursement under the
Program shall use reimbursement funds solely for the purposes
of--
(A) <<NOTE: Time periods.>> permanently removing
covered communications equipment or services purchased,
rented, leased, or otherwise obtained before--
(i) in the case of any covered communications
equipment or services that are on the initial list
published under section 2(a), August 14, 2018; or
(ii) in the case of any covered communications
equipment or services that are not on the initial
list published under section 2(a), the date that
is 60 days after the date on which the Commission
places such equipment or services on the list
required by such section;
(B) replacing the covered communications equipment
or services removed as described in subparagraph (A)
with communications equipment or services that are not
covered communications equipment or services; and
(C) disposing of the covered communications
equipment or services removed as described in
subparagraph (A) in accordance with the requirements
under subsection (d)(7).
(2) Limitations.--A recipient of a reimbursement under the
Program may not--
(A) <<NOTE: Time periods.>> use reimbursement funds
to remove, replace, or dispose of any covered
communications equipment or service purchased, rented,
leased, or otherwise obtained on or after--
(i) in the case of any covered communications
equipment or service that is on the initial list
published under section 2(a), August 14, 2018; or
(ii) in the case of any covered communications
equipment or service that is not on the initial
list
[[Page 131 STAT. 161]]
published under section 2(a), the date that is 60
days after the date on which the Commission places
such equipment or service on the list required by
such section; or
(B) purchase, rent, lease, or otherwise obtain any
covered communications equipment or service, using
reimbursement funds or any other funds (including funds
derived from private sources).
(d) Implementation.--
(1) Suggested replacements.--
(A) Development of list.--The Commission shall
develop a list of suggested replacements of both
physical and virtual communications equipment,
application and management software, and services or
categories of replacements of both physical and virtual
communications equipment, application and management
software and services.
(B) Neutrality.--The list developed under
subparagraph (A) shall be technology neutral and may not
advantage the use of reimbursement funds for capital
expenditures over operational expenditures, to the
extent that the Commission determines that
communications services can serve as an adequate
substitute for the installation of communications
equipment.
(2) Application process.--
(A) In general.--The Commission shall develop an
application process and related forms and materials for
the Program.
(B) Cost estimate.--
(i) <<NOTE: Requirements.>> Initial
estimate.--The Commission shall require an
applicant to provide an initial reimbursement cost
estimate at the time of application, with
supporting materials substantiating the costs.
(ii) Updates.--During and after the
application review process, the Commission may
require an applicant to--
(I) update the initial reimbursement
cost estimate submitted under clause
(i); and
(II) submit additional supporting
materials substantiating an updated cost
estimate submitted under subclause (I).
(C) Mitigation of burden.--In developing the
application process under this paragraph, the Commission
shall take reasonable steps to mitigate the
administrative burdens and costs associated with the
application process, while taking into account the need
to avoid waste, fraud, and abuse in the Program.
(3) Application review process.--
(A) Deadline.--
(i) In general.--Except as provided in clause
(ii) and subparagraph (B), the Commission shall
approve or deny an application for a reimbursement
under the Program not later than 90 days after the
date of the submission of the application.
(ii) Additional time needed by commission.--
If <<NOTE: Determination.>> the Commission
determines that, because an excessive number of
applications have been filed at one time, the
Commission needs additional time for
[[Page 131 STAT. 162]]
employees of the Commission to process the
applications, the Commission may extend the
deadline described in clause (i) for not more than
45 days.
(B) Opportunity for applicant to cure deficiency.--
<<NOTE: Determination. Time period. Deadline.>> If the
Commission determines that an application is materially
deficient (including by lacking an adequate cost
estimate or adequate supporting materials), the
Commission shall provide the applicant a 15-day period
to cure the defect before denying the application. If
such period would extend beyond the deadline under
subparagraph (A) for approving or denying the
application, such deadline shall be extended through the
end of such period.
(C) Effect of denial.--Denial of an application for
a reimbursement under the Program shall not preclude the
applicant from resubmitting the application or
submitting a new application for a reimbursement under
the Program at a later date.
(4) Certifications.--An applicant for a reimbursement under
the Program shall, in the application of the applicant, certify
to the Commission that--
(A) as of the date of the submission of the
application, the applicant--
(i) <<NOTE: Plan.>> has developed a plan for--
(I) the permanent removal and
replacement of any covered
communications equipment or services
that are in the communications network
of the applicant as of such date; and
(II) the disposal of the equipment
or services removed as described in
subclause (I) in accordance with the
requirements under paragraph (7); and
(ii) <<NOTE: Timeline.>> has developed a
specific timeline (subject to paragraph (6)) for
the permanent removal, replacement, and disposal
of the covered communications equipment or
services identified under clause (i), which
timeline shall be submitted to the Commission as
part of the application; and
(B) <<NOTE: Effective date.>> beginning on the date
of the approval of the application, the applicant--
(i) will not purchase, rent, lease, or
otherwise obtain covered communications equipment
or services, using reimbursement funds or any
other funds (including funds derived from private
sources); and
(ii) in developing and tailoring the risk
management practices of the applicant, will
consult and consider the standards, guidelines,
and best practices set forth in the cybersecurity
framework developed by the National Institute of
Standards and Technology.
(5) Distribution of reimbursement funds.--
(A) In general.--The Commission shall make
reasonable efforts to ensure that reimbursement funds
are distributed equitably among all applicants for
reimbursements under the Program according to the needs
of the applicants, as identified by the applications of
the applicants.
(B) <<NOTE: Determination.>> Notification.--If, at
any time during the implementation of the Program, the
Commission determines that $1,000,000,000 will not be
sufficient to fully
[[Page 131 STAT. 163]]
fund all approved applications for reimbursements under
the Program, the Commission shall immediately notify--
(i) the Committee on Energy and Commerce and
the Committee on Appropriations of the House of
Representatives; and
(ii) the Committee on Commerce, Science, and
Transportation and the Committee on Appropriations
of the Senate.
(6) Removal, replacement, and disposal term.--
(A) Deadline.--Except as provided in subparagraphs
(B) and (C), the permanent removal, replacement, and
disposal of any covered communications equipment or
services identified under paragraph (4)(A)(i) shall be
completed not later than 1 year after the date on which
the Commission distributes reimbursement funds to the
recipient.
(B) <<NOTE: Time period.>> General extension.--The
Commission may grant an extension of the deadline
described in subparagraph (A) for 6 months to all
recipients of reimbursements under the Program if the
Commission--
(i) finds that the supply of replacement
communications equipment or services needed by the
recipients to achieve the purposes of the Program
is inadequate to meet the needs of the recipients;
and
(ii) <<NOTE: Notification.>> provides notice
and a detailed justification for granting the
extension to--
(I) the Committee on Energy and
Commerce of the House of
Representatives; and
(II) the Committee on Commerce,
Science, and Transportation of the
Senate.
(C) Individual extension.--
(i) Petition.--A recipient of a reimbursement
under the Program may petition the Commission for
an extension for such recipient of the deadline
described in subparagraph (A) or, if the
Commission has granted an extension of such
deadline under subparagraph (B), such deadline as
so extended.
(ii) Grant.-- <<NOTE: Time period.>> The
Commission may grant a petition filed under clause
(i) by extending, for the recipient that filed the
petition, the deadline described in subparagraph
(A) or, if the Commission has granted an extension
of such deadline under subparagraph (B), such
deadline as so extended, for a period of not more
than 6 months if the Commission finds that, due to
no fault of such recipient, such recipient is
unable to complete the permanent removal,
replacement, and disposal described in
subparagraph (A).
(7) Disposal of covered communications equipment or
services.-- <<NOTE: Requirements.>> The Commission shall include
in the regulations promulgated under subsection (g) requirements
for the disposal by a recipient of a reimbursement under the
Program of covered communications equipment or services
identified under paragraph (4)(A)(i) and removed from the
network of the recipient in order to prevent such equipment or
services from being used in the networks of providers of
advanced communications service.
(8) Status updates.--
[[Page 131 STAT. 164]]
(A) In general.-- <<NOTE: Deadline. Time
period.>> Not less frequently than once every 90 days
beginning on the date on which the Commission approves
an application for a reimbursement under the Program,
the recipient of the reimbursement shall submit to the
Commission a status update on the work of the recipient
to permanently remove, replace, and dispose of the
covered communications equipment or services identified
under paragraph (4)(A)(i).
(B) Public posting.-- <<NOTE: Deadline.>> Not
earlier than 30 days after the date on which the
Commission receives a status update under subparagraph
(A), the Commission shall make such status update public
on the website of the Commission.
(C) Reports to congress.--Not less frequently than
once every 180 days beginning on the date on which the
Commission first makes funds available to a recipient of
a reimbursement under the Program, the Commission shall
prepare and submit to the Committee on Energy and
Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of
the Senate a report on--
(i) the implementation of the Program by the
Commission; and
(ii) the work by recipients of reimbursements
under the Program to permanently remove, replace,
and dispose of covered communications equipment or
services identified under paragraph (4)(A)(i).
(e) <<NOTE: Requirements.>> Measures To Avoid Waste, Fraud, and
Abuse.--
(1) In general.--The Commission shall take all necessary
steps to avoid waste, fraud, and abuse with respect to the
Program.
(2) Spending reports.--The Commission shall require
recipients of reimbursements under the Program to submit to the
Commission on a regular basis reports regarding how
reimbursement funds have been spent, including detailed
accounting of the covered communications equipment or services
permanently removed and disposed of, and the replacement
equipment or services purchased, rented, leased, or otherwise
obtained, using reimbursement funds.
(3) Audits, reviews, and field investigations.--The
Commission shall conduct--
(A) regular audits and reviews of reimbursements
under the Program to confirm that recipients of such
reimbursements are complying with this Act; and
(B) random field investigations to ensure that
recipients of reimbursements under the Program are
performing the work such recipients are required to
perform under the commitments made in the applications
of such recipients for reimbursements under the Program,
including the permanent removal, replacement, and
disposal of the covered communications equipment or
services identified under subsection (d)(4)(A)(i).
(4) Final certification.--
(A) In general.--The Commission shall require a
recipient of a reimbursement under the Program to submit
to the Commission, in a form and at an appropriate time
to be determined by the Commission, a certification
stating that the recipient--
[[Page 131 STAT. 165]]
(i) has fully complied with (or is in the
process of complying with) all terms and
conditions of the Program;
(ii) has fully complied with (or is in the
process of complying with) the commitments made in
the application of the recipient for the
reimbursement;
(iii) has permanently removed from the
communications network of the recipient, replaced,
and disposed of (or is in the process of
permanently removing, replacing, and disposing of)
all covered communications equipment or services
that were in the network of the recipient as of
the date of the submission of the application of
the recipient for the reimbursement; and
(iv) has fully complied with (or is in the
process of complying with) the timeline submitted
by the recipient under subparagraph (A)(ii) of
paragraph (4) of subsection (d) and the other
requirements of such paragraph.
(B) Updated certification.--If, at the time when a
recipient of a reimbursement under the Program submits a
certification under subparagraph (A), the recipient has
not fully complied as described in clause (i), (ii), or
(iv) of such subparagraph or has not completed the
permanent removal, replacement, and disposal described
in clause (iii) of such subparagraph, the Commission
shall require the recipient to file an updated
certification when the recipient has fully complied as
described in such clause (i), (ii), or (iv) or completed
such permanent removal, replacement, and disposal.
(f) Effect of Removal of Equipment or Service From List.--
(1) In general.--If, after the date on which a recipient of
a reimbursement under the Program submits the application for
the reimbursement, any covered communications equipment or
service that is in the network of the recipient as of such date
is removed from the list published under section 2(a), the
recipient may--
(A) return to the Commission any reimbursement funds
received for the removal, replacement, and disposal of
such equipment or service and be released from any
requirement under this section to remove, replace, or
dispose of such equipment or service; or
(B) retain any reimbursement funds received for the
removal, replacement, and disposal of such equipment or
service and remain subject to the requirements of this
section to remove, replace, and dispose of such
equipment or service as if such equipment or service
continued to be on the list published under section
2(a).
(2) Assurances.--In the case of an assurance relating to the
removal, replacement, or disposal of any equipment or service
with respect to which the recipient returns to the Commission
reimbursement funds under paragraph (1)(A), such assurance may
be satisfied by making an assurance that such funds have been
returned.
(g) Rulemaking.-- <<NOTE: Deadline.>>
[[Page 131 STAT. 166]]
(1) Commencement.--Not later than 90 days after the date of
the enactment of this Act, the Commission shall commence a
rulemaking to implement this section.
(2) Completion.--The Commission shall complete the
rulemaking under paragraph (1) not later than 1 year after the
date of the enactment of this Act.
(h) Rule of Construction Regarding Timing of Reimbursement.--Nothing
in this section shall be construed to prohibit the Commission from
making a reimbursement under the Program to a provider of advanced
communications service before the provider incurs the cost of the
permanent removal, replacement, and disposal of the covered
communications equipment or service for which the application of the
provider has been approved under this section.
(i) Education Efforts.--The Commission shall engage in education
efforts with providers of advanced communications service to--
(1) encourage such providers to participate in the Program;
and
(2) assist such providers in submitting applications for the
Program.
(j) Separate From Federal Universal Service Programs.--The Program
shall be separate from any Federal universal service program established
under section 254 of the Communications Act of 1934 (47 U.S.C. 254).
SEC. <<NOTE: 47 USC 1604.>> 5. REPORTS ON COVERED COMMUNICATIONS
EQUIPMENT OR SERVICES.
(a) In General.-- <<NOTE: Time periods.>> Each provider of advanced
communications service shall submit an annual report to the Commission,
in a form to be determined by the Commission, regarding whether such
provider has purchased, rented, leased, or otherwise obtained any
covered communications equipment or service on or after--
(1) in the case of any covered communications equipment or
service that is on the initial list published under section
2(a), August 14, 2018; or
(2) in the case of any covered communications equipment or
service that is not on the initial list published under section
2(a), the date that is 60 days after the date on which the
Commission places such equipment or service on the list required
by such section.
(b) Rule of Construction.--If a provider of advanced communications
service certifies to the Commission that such provider does not have any
covered communications equipment or service in the network of such
provider, such provider is not required to submit a report under
subsection (a) after making such certification, unless such provider
later purchases, rents, leases, or otherwise obtains any covered
communications equipment or service.
(c) Justification.--If a provider of advanced communications service
indicates in a report under subsection (a) that such provider has
purchased, rented, leased, or otherwise obtained any covered
communications equipment or service as described in such subsection,
such provider shall include in such report--
(1) a detailed justification for such action;
(2) information about whether such covered communications
equipment or service has subsequently been removed and replaced
pursuant to section 4; and
[[Page 131 STAT. 167]]
(3) information about whether such provider plans to
continue to purchase, rent, lease, or otherwise obtain, or
install or use, such covered communications equipment or service
and, if so, why.
(d) Proceeding.--The Commission shall implement this section as part
of the rulemaking required by section 4(g).
SEC. <<NOTE: 47 USC 1605.>> 6. HOLD HARMLESS.
In the case of a person who is a winner of the Connect America Fund
Phase II auction, has not yet been authorized to receive Connect America
Fund Phase II support, and demonstrates an inability to reasonably meet
the build-out and service obligations of such person under Connect
America Fund Phase II without using equipment or services prohibited
under this Act, such person may withdraw the application of such person
for Connect America Fund Phase II support without being found in default
or subject to forfeiture. <<NOTE: Deadline. Time period.>> The
Commission may set a deadline to make such a withdrawal that is not
earlier than the date that is 60 days after the date of the enactment of
this Act.
SEC. <<NOTE: 47 USC 1606.>> 7. ENFORCEMENT.
(a) Violations.--A violation of this Act or a regulation promulgated
under this Act shall be treated as a violation of the Communications Act
of 1934 (47 U.S.C. 151 et seq.) or a regulation promulgated under such
Act, respectively. The Commission shall enforce this Act and the
regulations promulgated under this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Communications Act of 1934 were
incorporated into and made a part of this Act.
(b) Additional Penalties.--
(1) In general.--Except as provided in paragraph (2), in
addition to penalties under the Communications Act of 1934, a
recipient of a reimbursement under the Program found to have
violated section 4, the regulations promulgated under such
section, or the commitments made by the recipient in the
application for the reimbursement--
(A) shall repay to the Commission all reimbursement
funds provided to the recipient under the Program;
(B) shall be barred from further participation in
the Program;
(C) shall be referred to all appropriate law
enforcement agencies or officials for further action
under applicable criminal and civil laws; and
(D) may be barred by the Commission from
participation in other programs of the Commission,
including the Federal universal service support programs
established under section 254 of the Communications Act
of 1934 (47 U.S.C. 254).
(2) Notice and opportunity to cure.--The penalties described
in paragraph (1) shall not apply to a recipient of a
reimbursement under the Program unless--
(A) the Commission provides the recipient with
notice of the violation; and
(B) <<NOTE: Deadline.>> the recipient fails to cure
the violation within 180 days after the Commission
provides such notice.
(c) Recovery of Funds.--The Commission shall immediately take action
to recover all reimbursement funds awarded to a
[[Page 131 STAT. 168]]
recipient of a reimbursement under the Program in any case in which such
recipient is required to repay reimbursement funds under subsection
(b)(1)(A).
SEC. 8. <<NOTE: 47 USC 1607.>> NTIA PROGRAM FOR PREVENTING FUTURE
VULNERABILITIES.
(a) <<NOTE: Deadlines.>> Future Vulnerability Program.--
(1) Establishment.--Not later than 120 days after the date
of the enactment of this Act, including an opportunity for
notice and comment, the Assistant Secretary, in cooperation with
the Director of National Intelligence, the Director of the
Federal Bureau of Investigation, the Secretary of Homeland
Security, and the Commission, shall establish a program to share
information regarding supply chain security risks with trusted
providers of advanced communications service and trusted
suppliers of communications equipment or services.
(2) Activities.--In carrying out the program established
under paragraph (1), the Assistant Secretary shall--
(A) <<NOTE: Briefings.>> conduct regular briefings
and other events to share information with trusted
providers of advanced communications service and trusted
suppliers of communications equipment or services;
(B) engage with trusted providers of advanced
communications service and trusted suppliers of
communications equipment or services, in particular such
providers and suppliers that--
(i) are small businesses; or
(ii) primarily serve rural areas;
(C) <<NOTE: Plan.>> not later than 180 days after
the date of the enactment of this Act, submit to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a plan for--
(i) declassifying material, when feasible, to
help share information regarding supply chain
security risks with trusted providers of advanced
communications service and trusted suppliers of
communications equipment or services; and
(ii) expediting and expanding the provision of
security clearances to facilitate information
sharing regarding supply chain security risks with
trusted providers of advanced communications
service and trusted suppliers of communications
equipment or services; and
(D) ensure that the activities carried out through
the program are consistent with and, to the extent
practicable, integrated with, ongoing activities of the
Department of Homeland Security and the Department of
Commerce.
(3) Scope of program.--The program established under
paragraph (1) shall involve only the sharing of information
regarding supply chain security risks by the Federal Government
to trusted providers of advanced communications service and
trusted suppliers of communications equipment or services, and
not the sharing of such information by such providers and
suppliers to the Federal Government.
(b) Representation on CSRIC of Interests of Public and Consumers.--
[[Page 131 STAT. 169]]
(1) <<NOTE: Appointment.>> In general.--The Commission
shall appoint to the Communications Security, Reliability, and
Interoperability Council (or any successor thereof), and to each
subcommittee, workgroup, or other subdivision of the Council (or
any such successor), at least one member to represent the
interests of the public and consumers.
(2) Initial appointments.-- <<NOTE: Deadline.>> The
Commission shall make the initial appointments required by
paragraph (1) not later than 180 days after the date of the
enactment of this Act. Any member so appointed shall be in
addition to the members of the Council, or the members of the
subdivision of the Council to which the appointment is being
made, as the case may be, as of the date of the enactment of
this Act.
(c) Definitions.--In this section:
(1) Assistant secretary.--The term ``Assistant Secretary''
means the Assistant Secretary of Commerce for Communications and
Information.
(2) Foreign adversary.--The term ``foreign adversary'' means
any foreign government or foreign nongovernment person engaged
in a long-term pattern or serious instances of conduct
significantly adverse to the national security of the United
States or security and safety of United States persons.
(3) Supply chain security risk.--The term ``supply chain
security risk'' includes specific risk and vulnerability
information related to equipment and software.
(4) Trusted.--The term ``trusted'' means, with respect to a
provider of advanced communications service or a supplier of
communications equipment or service, that the Assistant
Secretary has determined that such provider or supplier is not
owned by, controlled by, or subject to the influence of a
foreign adversary.
SEC. <<NOTE: 47 USC 1608.>> 9. DEFINITIONS.
In this Act:
(1) Advanced communications service.--The term ``advanced
communications service'' has the meaning given the term
``advanced telecommunications capability'' in section 706 of the
Telecommunications Act of 1996 (47 U.S.C. 1302).
(2) Appropriate national security agency.--The term
``appropriate national security agency'' means--
(A) the Department of Homeland Security;
(B) the Department of Defense;
(C) the Office of the Director of National
Intelligence;
(D) the National Security Agency; and
(E) the Federal Bureau of Investigation.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) Communications equipment or service.--The term
``communications equipment or service'' means any equipment or
service that is essential to the provision of advanced
communications service.
(5) Covered communications equipment or service.--The term
``covered communications equipment or service'' means any
communications equipment or service that is on the list
published by the Commission under section 2(a).
(6) Customers.--The term ``customers'' means, with respect
to a provider of advanced communications service--
[[Page 131 STAT. 170]]
(A) the customers of such provider; and
(B) the customers of any affiliate (as defined in
section 3 of the Communications Act of 1934 (47 U.S.C.
153)) of such provider.
(7) Executive branch interagency body.--The term ``executive
branch interagency body'' means an interagency body established
in the executive branch.
(8) Person.--The term ``person'' means an individual or
entity.
(9) Program.--The term ``Program'' means the Secure and
Trusted Communications Networks Reimbursement Program
established under section 4(a).
(10) Provider of advanced communications service.--The term
``provider of advanced communications service'' means a person
who provides advanced communications service to United States
customers.
(11) Recipient.--The term ``recipient'' means any provider
of advanced communications service the application of which for
a reimbursement under the Program has been approved by the
Commission, regardless of whether the provider has received
reimbursement funds.
(12) Reimbursement funds.--The term ``reimbursement funds''
means any reimbursement received under the Program.
SEC. <<NOTE: 47 USC 1609.>> 10. SEVERABILITY.
If any provision of this Act, or the application of such a provision
to any person or circumstance, is held to be unconstitutional, the
remaining provisions of this Act, and the application of such provisions
to any person or circumstance, shall not be affected thereby.
SEC. 11. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of complying with
the Statutory Pay-As-You-Go Act of 2010, shall be determined by
reference to the latest statement titled ``Budgetary Effects of PAYGO
Legislation'' for this Act, submitted for printing in the Congressional
Record by the Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
Approved March 12, 2020.
LEGISLATIVE HISTORY--H.R. 4998:
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HOUSE REPORTS: No. 116-352 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
Vol. 165 (2019):
Dec. 16, considered and passed
House.
Vol. 166 (2020):
Feb. 27, considered and passed
Senate.
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