II 

116TH CONGRESS 

1ST SESSION H. R. 4998 

IN THE SENATE OF THE UNITED STATES 

DECEMBER 17, 2019 

Received 

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. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure and Trusted 

5 Communications Networks Act of 2019’’. 

6 SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIP7 MENT OR SERVICES POSING NATIONAL SECU8 RITY RISKS. 

9 (a) PUBLICATION OF COVERED COMMUNICATIONS

10 EQUIPMENT OR SERVICES LIST.—Not later than 1 year 

11 after the date of the enactment of this Act, the Commis12 sion shall publish on its website a list of covered commu13 nications equipment or services. 

14 (b) PUBLICATION BY COMMISSION.—The Commis15 sion shall place on the list published under subsection (a) 

16 any communications equipment or service, if and only if 

17 such equipment or service— 

18 (1) is produced or provided by any entity, if, 

19 based exclusively on the determinations described in 

20 paragraphs (1) through (4) of subsection (c), such 

21 equipment or service produced or provided by such 

22 entity poses an unacceptable risk to the national se23 curity of the United States or the security and safe24 ty of United States persons; and 

25 (2) is capable of— 


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1 (A) routing or redirecting user data traffic 

2 or permitting visibility into any user data or 

3 packets that such equipment or service trans4 mits or otherwise handles; 

5 (B) causing the network of a provider of 

6 advanced communications service to be dis7 rupted remotely; or 

8 (C) otherwise posing an unacceptable risk 

9 to the national security of the United States or 

10 the security and safety of United States per11 sons. 

12 (c) RELIANCE ON CERTAIN DETERMINATIONS.—In 

13 taking action under subsection (b)(1), the Commission 

14 shall place on the list any communications equipment or 

15 service that poses an unacceptable risk to the national se16 curity of the United States or the security and safety of 

17 United States persons based solely on one or more of the 

18 following determinations: 

19 (1) A specific determination made by any exec20 utive branch interagency body with appropriate na21 tional security expertise, including the Federal Ac22 quisition Security Council established under section 

23 1322(a) of title 41, United States Code. 

24 (2) A specific determination made by the De25 partment of Commerce pursuant to Executive Order 


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1 No. 13873 (84 Fed. Reg. 22689; relating to secur2 ing the information and communications technology 

3 and services supply chain). 

4 (3) The communications equipment or service 

5 being covered telecommunications equipment or serv6 ices, as defined in section 889(f)(3) of the John S. 

7 McCain National Defense Authorization Act for Fis8 cal Year 2019 (Public Law 115–232; 132 Stat. 

9 1918). 

10 (4) A specific determination made by an appro11 priate national security agency. 

12 (d) UPDATING OF LIST.— 

13 (1) IN GENERAL.—The Commission shall peri14 odically update the list published under subsection 

15 (a) to address changes in the determinations de16 scribed in paragraphs (1) through (4) of subsection 

17 (c). 

18 (2) MONITORING OF DETERMINATIONS.—The 

19 Commission shall monitor the making or reversing 

20 of the determinations described in paragraphs (1) 

21 through (4) of subsection (c) in order to place addi22 tional communications equipment or services on the 

23 list published under subsection (a) or to remove 

24 communications equipment or services from such 

25 list. If a determination described in any such paraVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 graph that provided the basis for a determination by 

2 the Commission under subsection (b)(1) with respect 

3 to any communications equipment or service is re4 versed, the Commission shall remove such equipment 

5 or service from such list, except that the Commission 

6 may not remove such equipment or service from 

7 such list if any other determination described in any 

8 such paragraph provides a basis for inclusion on 

9 such list by the Commission under subsection (b)(1) 

10 with respect to such equipment or service. 

11 (3) PUBLIC NOTIFICATION.—For each 12- 

12 month period during which the list published under 

13 subsection (a) is not updated, the Commission shall 

14 notify the public that no updates were necessary 

15 during such period to protect national security or to 

16 address changes in the determinations described in 

17 paragraphs (1) through (4) of subsection (c). 

18 SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL SUB19 SIDIES. 

20 (a) IN GENERAL.— 

21 (1) PROHIBITION.—A Federal subsidy that is 

22 made available through a program administered by 

23 the Commission and that provides funds to be used 

24 for the capital expenditures necessary for the proviVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 sion of advanced communications service may not be 

2 used to— 

3 (A) purchase, rent, lease, or otherwise ob4 tain any covered communications equipment or 

5 service; or 

6 (B) maintain any covered communications 

7 equipment or service previously purchased, 

8 rented, leased, or otherwise obtained. 

9 (2) TIMING.—Paragraph (1) shall apply with 

10 respect to any covered communications equipment or 

11 service beginning on the date that is 60 days after 

12 the date on which the Commission places such 

13 equipment or service on the list required by section 

14 2(a). In the case of any covered communications 

15 equipment or service that is on the initial list pub16 lished under such section, such equipment or service 

17 shall be treated as being placed on the list on the 

18 date on which such list is published. 

19 (b) COMPLETION OF PROCEEDING.—Not later than 

20 180 days after the date of the enactment of this Act, the 

21 Commission shall adopt a Report and Order to implement 

22 subsection (a). If the Commission has, before the date of 

23 the enactment of this Act, taken action that in whole or 

24 in part implements subsection (a), the Commission is not 


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1 required to revisit such action, but only to the extent such 

2 action is consistent with this section. 

3 SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NET4 WORKS REIMBURSEMENT PROGRAM. 

5 (a) IN GENERAL.—The Commission shall establish a 

6 reimbursement program, to be known as the ‘‘Secure and 

7 Trusted Communications Networks Reimbursement Pro8 gram’’, to make reimbursements to providers of advanced 

9 communications service to replace covered communica10 tions equipment or services. 

11 (b) ELIGIBILITY.—The Commission may not make a 

12 reimbursement under the Program to a provider of ad13 vanced communications service unless the provider— 

14 (1) has 2,000,000 or fewer customers; and 

15 (2) makes all of the certifications required by 

16 subsection (d)(4). 

17 (c) USE OF FUNDS.— 

18 (1) IN GENERAL.—A recipient of a reimburse19 ment under the Program shall use reimbursement 

20 funds solely for the purposes of— 

21 (A) permanently removing covered commu22 nications equipment or services purchased, 

23 rented, leased, or otherwise obtained before— 

24 (i) in the case of any covered commu25 nications equipment or services that are on 


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1 the initial list published under section 2(a), 

2 August 14, 2018; or 

3 (ii) in the case of any covered commu4 nications equipment or services that are 

5 not on the initial list published under sec6 tion 2(a), the date that is 60 days after 

7 the date on which the Commission places 

8 such equipment or services on the list re9 quired by such section; 

10 (B) replacing the covered communications 

11 equipment or services removed as described in 

12 subparagraph (A) with communications equip13 ment or services that are not covered commu14 nications equipment or services; and 

15 (C) disposing of the covered communica16 tions equipment or services removed as de17 scribed in subparagraph (A) in accordance with 

18 the requirements under subsection (d)(7). 

19 (2) LIMITATIONS.—A recipient of a reimburse20 ment under the Program may not— 

21 (A) use reimbursement funds to remove, 

22 replace, or dispose of any covered communica23 tions equipment or service purchased, rented, 

24 leased, or otherwise obtained on or after— 


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1 (i) in the case of any covered commu2 nications equipment or service that is on 

3 the initial list published under section 2(a), 

4 August 14, 2018; or 

5 (ii) in the case of any covered commu6 nications equipment or service that is not 

7 on the initial list published under section 

8 2(a), the date that is 60 days after the 

9 date on which the Commission places such 

10 equipment or service on the list required 

11 by such section; or 

12 (B) purchase, rent, lease, or otherwise ob13 tain any covered communications equipment or 

14 service, using reimbursement funds or any 

15 other funds (including funds derived from pri16 vate sources). 

17 (d) IMPLEMENTATION.— 

18 (1) SUGGESTED REPLACEMENTS.— 

19 (A) DEVELOPMENT OF LIST.—The Com20 mission shall develop a list of suggested replace21 ments of both physical and virtual communica22 tions equipment, application and management 

23 software, and services or categories of replace24 ments of both physical and virtual communicaVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 tions equipment, application and management 

2 software and services. 

3 (B) NEUTRALITY.—The list developed 

4 under subparagraph (A) shall be technology 

5 neutral and may not advantage the use of reim6 bursement funds for capital expenditures over 

7 operational expenditures, to the extent that the 

8 Commission determines that communications 

9 services can serve as an adequate substitute for 

10 the installation of communications equipment. 

11 (2) APPLICATION PROCESS.— 

12 (A) IN GENERAL.—The Commission shall 

13 develop an application process and related 

14 forms and materials for the Program. 

15 (B) COST ESTIMATE.— 

16 (i) INITIAL ESTIMATE.—The Commis17 sion shall require an applicant to provide 

18 an initial reimbursement cost estimate at 

19 the time of application, with supporting 

20 materials substantiating the costs. 

21 (ii) UPDATES.—During and after the 

22 application review process, the Commission 

23 may require an applicant to— 


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1 (I) update the initial reimburse2 ment cost estimate submitted under 

3 clause (i); and 

4 (II) submit additional supporting 

5 materials substantiating an updated 

6 cost estimate submitted under sub7 clause (I). 

8 (C) MITIGATION OF BURDEN.—In devel9 oping the application process under this para10 graph, the Commission shall take reasonable 

11 steps to mitigate the administrative burdens 

12 and costs associated with the application proc13 ess, while taking into account the need to avoid 

14 waste, fraud, and abuse in the Program. 

15 (3) APPLICATION REVIEW PROCESS.— 

16 (A) DEADLINE.— 

17 (i) IN GENERAL.—Except as provided 

18 in clause (ii) and subparagraph (B), the 

19 Commission shall approve or deny an ap20 plication for a reimbursement under the 

21 Program not later than 90 days after the 

22 date of the submission of the application. 

23 (ii) ADDITIONAL TIME NEEDED BY

24 COMMISSION.—If the Commission deter25 mines that, because an excessive number of 


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1 applications have been filed at one time, 

2 the Commission needs additional time for 

3 employees of the Commission to process 

4 the applications, the Commission may ex5 tend the deadline described in clause (i) for 

6 not more than 45 days. 

7 (B) OPPORTUNITY FOR APPLICANT TO

8 CURE DEFICIENCY.—If the Commission deter9 mines that an application is materially deficient 

10 (including by lacking an adequate cost estimate 

11 or adequate supporting materials), the Commis12 sion shall provide the applicant a 15-day period 

13 to cure the defect before denying the applica14 tion. If such period would extend beyond the 

15 deadline under subparagraph (A) for approving 

16 or denying the application, such deadline shall 

17 be extended through the end of such period. 

18 (C) EFFECT OF DENIAL.—Denial of an ap19 plication for a reimbursement under the Pro20 gram shall not preclude the applicant from re21 submitting the application or submitting a new 

22 application for a reimbursement under the Pro23 gram at a later date. 

24 (4) CERTIFICATIONS.—An applicant for a reim25 bursement under the Program shall, in the applicaVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 tion of the applicant, certify to the Commission 

2 that— 

3 (A) as of the date of the submission of the 

4 application, the applicant— 

5 (i) has developed a plan for— 

6 (I) the permanent removal and 

7 replacement of any covered commu8 nications equipment or services that 

9 are in the communications network of 

10 the applicant as of such date; and 

11 (II) the disposal of the equip12 ment or services removed as described 

13 in subclause (I) in accordance with 

14 the requirements under paragraph 

15 (7); and 

16 (ii) has developed a specific timeline 

17 (subject to paragraph (6)) for the perma18 nent removal, replacement, and disposal of 

19 the covered communications equipment or 

20 services identified under clause (i), which 

21 timeline shall be submitted to the Commis22 sion as part of the application; and 

23 (B) beginning on the date of the approval 

24 of the application, the applicant— 


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1 (i) will not purchase, rent, lease, or 

2 otherwise obtain covered communications 

3 equipment or services, using reimburse4 ment funds or any other funds (including 

5 funds derived from private sources); and 

6 (ii) in developing and tailoring the 

7 risk management practices of the appli8 cant, will consult and consider the stand9 ards, guidelines, and best practices set 

10 forth in the cybersecurity framework devel11 oped by the National Institute of Stand12 ards and Technology. 

13 (5) DISTRIBUTION OF REIMBURSEMENT

14 FUNDS.— 

15 (A) IN GENERAL.—The Commission shall 

16 make reasonable efforts to ensure that reim17 bursement funds are distributed equitably 

18 among all applicants for reimbursements under 

19 the Program according to the needs of the ap20 plicants, as identified by the applications of the 

21 applicants. 

22 (B) NOTIFICATION.—If, at any time dur23 ing the implementation of the Program, the 

24 Commission determines that $1,000,000,000 

25 will not be sufficient to fully fund all approved 


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1 applications for reimbursements under the Pro2 gram, the Commission shall immediately no3 tify— 

4 (i) the Committee on Energy and 

5 Commerce and the Committee on Appro6 priations of the House of Representatives; 

7 and 

8 (ii) the Committee on Commerce, 

9 Science, and Transportation and the Com10 mittee on Appropriations of the Senate. 

11 (6) REMOVAL, REPLACEMENT, AND DISPOSAL

12 TERM.— 

13 (A) DEADLINE.—Except as provided in 

14 subparagraphs (B) and (C), the permanent re15 moval, replacement, and disposal of any covered 

16 communications equipment or services identified 

17 under paragraph (4)(A)(i) shall be completed 

18 not later than 1 year after the date on which 

19 the Commission distributes reimbursement 

20 funds to the recipient. 

21 (B) GENERAL EXTENSION.—The Commis22 sion may grant an extension of the deadline de23 scribed in subparagraph (A) for 6 months to all 

24 recipients of reimbursements under the Pro25 gram if the Commission— 


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1 (i) finds that the supply of replace2 ment communications equipment or serv3 ices needed by the recipients to achieve the 

4 purposes of the Program is inadequate to 

5 meet the needs of the recipients; and 

6 (ii) provides notice and a detailed jus7 tification for granting the extension to— 

8 (I) the Committee on Energy and 

9 Commerce of the House of Represent10 atives; and 

11 (II) the Committee on Com12 merce, Science, and Transportation of 

13 the Senate. 

14 (C) INDIVIDUAL EXTENSION.— 

15 (i) PETITION.—A recipient of a reim16 bursement under the Program may peti17 tion the Commission for an extension for 

18 such recipient of the deadline described in 

19 subparagraph (A) or, if the Commission 

20 has granted an extension of such deadline 

21 under subparagraph (B), such deadline as 

22 so extended. 

23 (ii) GRANT.—The Commission may 

24 grant a petition filed under clause (i) by 

25 extending, for the recipient that filed the 


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1 petition, the deadline described in subpara2 graph (A) or, if the Commission has grant3 ed an extension of such deadline under 

4 subparagraph (B), such deadline as so ex5 tended, for a period of not more than 6 

6 months if the Commission finds that, due 

7 to no fault of such recipient, such recipient 

8 is unable to complete the permanent re9 moval, replacement, and disposal described 

10 in subparagraph (A). 

11 (7) DISPOSAL OF COVERED COMMUNICATIONS

12 EQUIPMENT OR SERVICES.—The Commission shall 

13 include in the regulations promulgated under sub14 section (g) requirements for the disposal by a recipi15 ent of a reimbursement under the Program of cov16 ered communications equipment or services identi17 fied under paragraph (4)(A)(i) and removed from 

18 the network of the recipient in order to prevent such 

19 equipment or services from being used in the net20 works of providers of advanced communications serv21 ice. 

22 (8) STATUS UPDATES.— 

23 (A) IN GENERAL.—Not less frequently 

24 than once every 90 days beginning on the date 

25 on which the Commission approves an applicaVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 tion for a reimbursement under the Program, 

2 the recipient of the reimbursement shall submit 

3 to the Commission a status update on the work 

4 of the recipient to permanently remove, replace, 

5 and dispose of the covered communications 

6 equipment or services identified under para7 graph (4)(A)(i). 

8 (B) PUBLIC POSTING.—Not earlier than 

9 30 days after the date on which the Commis10 sion receives a status update under subpara11 graph (A), the Commission shall make such sta12 tus update public on the website of the Com13 mission. 

14 (C) REPORTS TO CONGRESS.—Not less fre15 quently than once every 180 days beginning on 

16 the date on which the Commission first makes 

17 funds available to a recipient of a reimburse18 ment under the Program, the Commission shall 

19 prepare and submit to the Committee on En20 ergy and Commerce of the House of Represent21 atives and the Committee on Commerce, 

22 Science, and Transportation of the Senate a re23 port on— 

24 (i) the implementation of the Program 

25 by the Commission; and 


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1 (ii) the work by recipients of reim2 bursements under the Program to perma3 nently remove, replace, and dispose of cov4 ered communications equipment or services 

5 identified under paragraph (4)(A)(i). 

6 (e) MEASURES TO AVOID WASTE, FRAUD, AND

7 ABUSE.— 

8 (1) IN GENERAL.—The Commission shall take 

9 all necessary steps to avoid waste, fraud, and abuse 

10 with respect to the Program. 

11 (2) SPENDING REPORTS.—The Commission 

12 shall require recipients of reimbursements under the 

13 Program to submit to the Commission on a regular 

14 basis reports regarding how reimbursement funds 

15 have been spent, including detailed accounting of the 

16 covered communications equipment or services per17 manently removed and disposed of, and the replace18 ment equipment or services purchased, rented, 

19 leased, or otherwise obtained, using reimbursement 

20 funds. 

21 (3) AUDITS, REVIEWS, AND FIELD INVESTIGA22 TIONS.—The Commission shall conduct— 

23 (A) regular audits and reviews of reim24 bursements under the Program to confirm that 


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1 recipients of such reimbursements are com2 plying with this Act; and 

3 (B) random field investigations to ensure 

4 that recipients of reimbursements under the 

5 Program are performing the work such recipi6 ents are required to perform under the commit7 ments made in the applications of such recipi8 ents for reimbursements under the Program, in9 cluding the permanent removal, replacement, 

10 and disposal of the covered communications 

11 equipment or services identified under sub12 section (d)(4)(A)(i). 

13 (4) FINAL CERTIFICATION.— 

14 (A) IN GENERAL.—The Commission shall 

15 require a recipient of a reimbursement under 

16 the Program to submit to the Commission, in 

17 a form and at an appropriate time to be deter18 mined by the Commission, a certification stat19 ing that the recipient— 

20 (i) has fully complied with (or is in 

21 the process of complying with) all terms 

22 and conditions of the Program; 

23 (ii) has fully complied with (or is in 

24 the process of complying with) the commitVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 ments made in the application of the re2 cipient for the reimbursement; 

3 (iii) has permanently removed from 

4 the communications network of the recipi5 ent, replaced, and disposed of (or is in the 

6 process of permanently removing, replac7 ing, and disposing of) all covered commu8 nications equipment or services that were 

9 in the network of the recipient as of the 

10 date of the submission of the application of 

11 the recipient for the reimbursement; and 

12 (iv) has fully complied with (or is in 

13 the process of complying with) the timeline 

14 submitted by the recipient under subpara15 graph (A)(ii) of paragraph (4) of sub16 section (d) and the other requirements of 

17 such paragraph. 

18 (B) UPDATED CERTIFICATION.—If, at the 

19 time when a recipient of a reimbursement under 

20 the Program submits a certification under sub21 paragraph (A), the recipient has not fully com22 plied as described in clause (i), (ii), or (iv) of 

23 such subparagraph or has not completed the 

24 permanent removal, replacement, and disposal 

25 described in clause (iii) of such subparagraph, 


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1 the Commission shall require the recipient to 

2 file an updated certification when the recipient 

3 has fully complied as described in such clause 

4 (i), (ii), or (iv) or completed such permanent re5 moval, replacement, and disposal. 

6 (f) EFFECT OF REMOVAL OF EQUIPMENT OR SERV7 ICE FROM LIST.— 

8 (1) IN GENERAL.—If, after the date on which 

9 a recipient of a reimbursement under the Program 

10 submits the application for the reimbursement, any 

11 covered communications equipment or service that is 

12 in the network of the recipient as of such date is re13 moved from the list published under section 2(a), 

14 the recipient may— 

15 (A) return to the Commission any reim16 bursement funds received for the removal, re17 placement, and disposal of such equipment or 

18 service and be released from any requirement 

19 under this section to remove, replace, or dispose 

20 of such equipment or service; or 

21 (B) retain any reimbursement funds re22 ceived for the removal, replacement, and dis23 posal of such equipment or service and remain 

24 subject to the requirements of this section to 

25 remove, replace, and dispose of such equipment 


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1 or service as if such equipment or service con2 tinued to be on the list published under section 

3 2(a). 

4 (2) ASSURANCES.—In the case of an assurance 

5 relating to the removal, replacement, or disposal of 

6 any equipment or service with respect to which the 

7 recipient returns to the Commission reimbursement 

8 funds under paragraph (1)(A), such assurance may 

9 be satisfied by making an assurance that such funds 

10 have been returned. 

11 (g) RULEMAKING.— 

12 (1) COMMENCEMENT.—Not later than 90 days 

13 after the date of the enactment of this Act, the 

14 Commission shall commence a rulemaking to imple15 ment this section. 

16 (2) COMPLETION.—The Commission shall com17 plete the rulemaking under paragraph (1) not later 

18 than 1 year after the date of the enactment of this 

19 Act. 

20 (h) RULE OF CONSTRUCTION REGARDING TIMING OF

21 REIMBURSEMENT.—Nothing in this section shall be con22 strued to prohibit the Commission from making a reim23 bursement under the Program to a provider of advanced 

24 communications service before the provider incurs the cost 

25 of the permanent removal, replacement, and disposal of 


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1 the covered communications equipment or service for 

2 which the application of the provider has been approved 

3 under this section. 

4 (i) EDUCATION EFFORTS.—The Commission shall 

5 engage in education efforts with providers of advanced 

6 communications service to— 

7 (1) encourage such providers to participate in 

8 the Program; and 

9 (2) assist such providers in submitting applica10 tions for the Program. 

11 (j) SEPARATE FROM FEDERAL UNIVERSAL SERVICE

12 PROGRAMS.—The Program shall be separate from any 

13 Federal universal service program established under sec14 tion 254 of the Communications Act of 1934 (47 U.S.C. 

15 254). 

16 SEC. 5. REPORTS ON COVERED COMMUNICATIONS EQUIP17 MENT OR SERVICES. 

18 (a) IN GENERAL.—Each provider of advanced com19 munications service shall submit an annual report to the 

20 Commission, in a form to be determined by the Commis21 sion, regarding whether such provider has purchased, 

22 rented, leased, or otherwise obtained any covered commu23 nications equipment or service on or after— 


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1 (1) in the case of any covered communications 

2 equipment or service that is on the initial list pub3 lished under section 2(a), August 14, 2018; or 

4 (2) in the case of any covered communications 

5 equipment or service that is not on the initial list 

6 published under section 2(a), the date that is 60 

7 days after the date on which the Commission places 

8 such equipment or service on the list required by 

9 such section. 

10 (b) RULE OF CONSTRUCTION.—If a provider of ad11 vanced communications service certifies to the Commis12 sion that such provider does not have any covered commu13 nications equipment or service in the network of such pro14 vider, such provider is not required to submit a report 

15 under subsection (a) after making such certification, un16 less such provider later purchases, rents, leases, or other17 wise obtains any covered communications equipment or 

18 service. 

19 (c) JUSTIFICATION.—If a provider of advanced com20 munications service indicates in a report under subsection 

21 (a) that such provider has purchased, rented, leased, or 

22 otherwise obtained any covered communications equip23 ment or service as described in such subsection, such pro24 vider shall include in such report— 

25 (1) a detailed justification for such action; 


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1 (2) information about whether such covered 

2 communications equipment or service has subse3 quently been removed and replaced pursuant to sec4 tion 4; and 

5 (3) information about whether such provider 

6 plans to continue to purchase, rent, lease, or other7 wise obtain, or install or use, such covered commu8 nications equipment or service and, if so, why. 

9 (d) PROCEEDING.—The Commission shall implement 

10 this section as part of the rulemaking required by section 

11 4(g). 

12 SEC. 6. HOLD HARMLESS. 

13 In the case of a person who is a winner of the Con14 nect America Fund Phase II auction, has not yet been 

15 authorized to receive Connect America Fund Phase II sup16 port, and demonstrates an inability to reasonably meet the 

17 build-out and service obligations of such person under 

18 Connect America Fund Phase II without using equipment 

19 or services prohibited under this Act, such person may 

20 withdraw the application of such person for Connect 

21 America Fund Phase II support without being found in 

22 default or subject to forfeiture. The Commission may set 

23 a deadline to make such a withdrawal that is not earlier 

24 than the date that is 60 days after the date of the enact25 ment of this Act. 


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1 SEC. 7. ENFORCEMENT. 

2 (a) VIOLATIONS.—A violation of this Act or a regula3 tion promulgated under this Act shall be treated as a vio4 lation of the Communications Act of 1934 (47 U.S.C. 151 

5 et seq.) or a regulation promulgated under such Act, re6 spectively. The Commission shall enforce this Act and the 

7 regulations promulgated under this Act in the same man8 ner, by the same means, and with the same jurisdiction, 

9 powers, and duties as though all applicable terms and pro10 visions of the Communications Act of 1934 were incor11 porated into and made a part of this Act. 

12 (b) ADDITIONAL PENALTIES.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), in addition to penalties under the Com15 munications Act of 1934, a recipient of a reimburse16 ment under the Program found to have violated sec17 tion 4, the regulations promulgated under such sec18 tion, or the commitments made by the recipient in 

19 the application for the reimbursement— 

20 (A) shall repay to the Commission all reim21 bursement funds provided to the recipient 

22 under the Program; 

23 (B) shall be barred from further participa24 tion in the Program; 

25 (C) shall be referred to all appropriate law 

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1 tion under applicable criminal and civil laws; 

2 and 

3 (D) may be barred by the Commission 

4 from participation in other programs of the 

5 Commission, including the Federal universal 

6 service support programs established under sec7 tion 254 of the Communications Act of 1934 

8 (47 U.S.C. 254). 

9 (2) NOTICE AND OPPORTUNITY TO CURE.—The 

10 penalties described in paragraph (1) shall not apply 

11 to a recipient of a reimbursement under the Pro12 gram unless— 

13 (A) the Commission provides the recipient 

14 with notice of the violation; and 

15 (B) the recipient fails to cure the violation 

16 within 180 days after the Commission provides 

17 such notice. 

18 (c) RECOVERY OF FUNDS.—The Commission shall 

19 immediately take action to recover all reimbursement 

20 funds awarded to a recipient of a reimbursement under 

21 the Program in any case in which such recipient is re22 quired to repay reimbursement funds under subsection 

23 (b)(1)(A). 


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1 SEC. 8. NTIA PROGRAM FOR PREVENTING FUTURE 

2 VULNERABILITIES. 

3 (a) FUTURE VULNERABILITY PROGRAM.— 

4 (1) ESTABLISHMENT.—Not later than 120 days 

5 after the date of the enactment of this Act, including 

6 an opportunity for notice and comment, the Assist7 ant Secretary, in cooperation with the Director of 

8 National Intelligence, the Director of the Federal 

9 Bureau of Investigation, the Secretary of Homeland 

10 Security, and the Commission, shall establish a pro11 gram to share information regarding supply chain 

12 security risks with trusted providers of advanced 

13 communications service and trusted suppliers of 

14 communications equipment or services. 

15 (2) ACTIVITIES.—In carrying out the program 

16 established under paragraph (1), the Assistant Sec17 retary shall— 

18 (A) conduct regular briefings and other 

19 events to share information with trusted pro20 viders of advanced communications service and 

21 trusted suppliers of communications equipment 

22 or services; 

23 (B) engage with trusted providers of ad24 vanced communications service and trusted sup25 pliers of communications equipment or services, 


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1 in particular such providers and suppliers 

2 that— 

3 (i) are small businesses; or 

4 (ii) primarily serve rural areas; 

5 (C) not later than 180 days after the date 

6 of the enactment of this Act, submit to the 

7 Committee on Energy and Commerce of the 

8 House of Representatives and the Committee 

9 on Commerce, Science, and Transportation of 

10 the Senate a plan for— 

11 (i) declassifying material, when fea12 sible, to help share information regarding 

13 supply chain security risks with trusted 

14 providers of advanced communications 

15 service and trusted suppliers of commu16 nications equipment or services; and 

17 (ii) expediting and expanding the pro18 vision of security clearances to facilitate in19 formation sharing regarding supply chain 

20 security risks with trusted providers of ad21 vanced communications service and trusted 

22 suppliers of communications equipment or 

23 services; and 

24 (D) ensure that the activities carried out 

25 through the program are consistent with and, 


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1 to the extent practicable, integrated with, ongo2 ing activities of the Department of Homeland 

3 Security and the Department of Commerce. 

4 (3) SCOPE OF PROGRAM.—The program estab5 lished under paragraph (1) shall involve only the 

6 sharing of information regarding supply chain secu7 rity risks by the Federal Government to trusted pro8 viders of advanced communications service and 

9 trusted suppliers of communications equipment or 

10 services, and not the sharing of such information by 

11 such providers and suppliers to the Federal Govern12 ment. 

13 (b) REPRESENTATION ON CSRIC OF INTERESTS OF

14 PUBLIC AND CONSUMERS.— 

15 (1) IN GENERAL.—The Commission shall ap16 point to the Communications Security, Reliability, 

17 and Interoperability Council (or any successor there18 of), and to each subcommittee, workgroup, or other 

19 subdivision of the Council (or any such successor), 

20 at least one member to represent the interests of the 

21 public and consumers. 

22 (2) INITIAL APPOINTMENTS.—The Commission 

23 shall make the initial appointments required by 

24 paragraph (1) not later than 180 days after the date 

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1 pointed shall be in addition to the members of the 

2 Council, or the members of the subdivision of the 

3 Council to which the appointment is being made, as 

4 the case may be, as of the date of the enactment of 

5 this Act. 

6 (c) DEFINITIONS.—In this section: 

7 (1) ASSISTANT SECRETARY.—The term ‘‘Assist8 ant Secretary’’ means the Assistant Secretary of 

9 Commerce for Communications and Information. 

10 (2) FOREIGN ADVERSARY.—The term ‘‘foreign 

11 adversary’’ means any foreign government or foreign 

12 nongovernment person engaged in a long-term pat13 tern or serious instances of conduct significantly ad14 verse to the national security of the United States 

15 or security and safety of United States persons. 

16 (3) SUPPLY CHAIN SECURITY RISK.—The term 

17 ‘‘supply chain security risk’’ includes specific risk 

18 and vulnerability information related to equipment 

19 and software. 

20 (4) TRUSTED.—The term ‘‘trusted’’ means, 

21 with respect to a provider of advanced communica22 tions service or a supplier of communications equip23 ment or service, that the Assistant Secretary has de24 termined that such provider or supplier is not owned 


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1 by, controlled by, or subject to the influence of a for2 eign adversary. 

3 SEC. 9. DEFINITIONS. 

4 In this Act: 

5 (1) ADVANCED COMMUNICATIONS SERVICE.— 

6 The term ‘‘advanced communications service’’ has 

7 the meaning given the term ‘‘advanced telecommuni8 cations capability’’ in section 706 of the Tele9 communications Act of 1996 (47 U.S.C. 1302). 

10 (2) APPROPRIATE NATIONAL SECURITY AGEN11 CY.—The term ‘‘appropriate national security agen12 cy’’ means— 

13 (A) the Department of Homeland Security; 

14 (B) the Department of Defense; 

15 (C) the Office of the Director of National 

16 Intelligence; 

17 (D) the National Security Agency; and 

18 (E) the Federal Bureau of Investigation. 

19 (3) COMMISSION.—The term ‘‘Commission’’ 

20 means the Federal Communications Commission. 

21 (4) COMMUNICATIONS EQUIPMENT OR SERV22 ICE.—The term ‘‘communications equipment or serv23 ice’’ means any equipment or service that is essential 

24 to the provision of advanced communications service. 


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1 (5) COVERED COMMUNICATIONS EQUIPMENT OR

2 SERVICE.—The term ‘‘covered communications 

3 equipment or service’’ means any communications 

4 equipment or service that is on the list published by 

5 the Commission under section 2(a). 

6 (6) CUSTOMERS.—The term ‘‘customers’’ 

7 means, with respect to a provider of advanced com8 munications service— 

9 (A) the customers of such provider; and 

10 (B) the customers of any affiliate (as de11 fined in section 3 of the Communications Act of 

12 1934 (47 U.S.C. 153)) of such provider. 

13 (7) EXECUTIVE BRANCH INTERAGENCY

14 BODY.—The term ‘‘executive branch interagency 

15 body’’ means an interagency body established in the 

16 executive branch. 

17 (8) PERSON.—The term ‘‘person’’ means an in18 dividual or entity. 

19 (9) PROGRAM.—The term ‘‘Program’’ means 

20 the Secure and Trusted Communications Networks 

21 Reimbursement Program established under section 

22 4(a). 

23 (10) PROVIDER OF ADVANCED COMMUNICA24 TIONS SERVICE.—The term ‘‘provider of advanced 

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1 vides advanced communications service to United 

2 States customers. 

3 (11) RECIPIENT.—The term ‘‘recipient’’ means 

4 any provider of advanced communications service the 

5 application of which for a reimbursement under the 

6 Program has been approved by the Commission, re7 gardless of whether the provider has received reim8 bursement funds. 

9 (12) REIMBURSEMENT FUNDS.—The term ‘‘re10 imbursement funds’’ means any reimbursement re11 ceived under the Program. 

12 SEC. 10. SEVERABILITY. 

13 If any provision of this Act, or the application of such 

14 a provision to any person or circumstance, is held to be 

15 unconstitutional, the remaining provisions of this Act, and 

16 the application of such provisions to any person or cir17 cumstance, shall not be affected thereby. 

18 SEC. 11. DETERMINATION OF BUDGETARY EFFECTS. 

19 The budgetary effects of this Act, for the purpose of 

20 complying with the Statutory Pay-As-You-Go Act of 2010, 

21 shall be determined by reference to the latest statement 

22 titled ‘‘Budgetary Effects of PAYGO Legislation’’ for this 

23 Act, submitted for printing in the Congressional Record 

24 by the Chairman of the House Budget Committee, proVerDate Sep 11 2014 23:09 Feb 27, 2020 Jkt 099200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4998.RDS H4998

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1 vided that such statement has been submitted prior to the 

2 vote on passage. 

Passed the House of Representatives December 16, 

2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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