I 

116TH CONGRESS 

1ST SESSION H. R. 4973 

To prohibit certain Federal loans, grants, and subsidies from being used 

to purchase communications equipment or services posing national security risks, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 1, 2019 

Mr. MCNERNEY (for himself and Mr. LONG) introduced the following bill; 

which was referred to the Committee on Energy and Commerce, and in 

addition to the Committee on Oversight and Reform, for a period to be 

subsequently determined by the Speaker, in each case for consideration 

of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To prohibit certain Federal loans, grants, and subsidies from 

being used to purchase communications equipment or 

services posing national security risks, and for other 

purposes. 

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 ‘‘Trusting Commercial 

5 Communications Networks Act of 2019’’. 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 4973 IH

1 SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIP2 MENT OR SERVICES POSING NATIONAL SECU3 RITY RISKS. 

4 (a) PUBLICATION OF COVERED COMMUNICATIONS

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

6 after the date of the enactment of this Act, the Commis7 sion shall publish on its website a list of covered commu8 nications equipment or services. 

9 (b) DETERMINATION BY COMMISSION.—The Com10 mission shall place on the list published under subsection 

11 (a) any communications equipment or service, if and only 

12 if the Commission determines that such equipment or 

13 service— 

14 (1) is produced or provided by— 

15 (A) Huawei Technologies Co. Limited, 

16 Zhongxing Telecommunications Equipment 

17 Corporation, or any subsidiary or affiliate of ei18 ther such entity; 

19 (B) any successor to any entity described 

20 in subparagraph (A); or 

21 (C) any other entity, if the Commission de22 termines, based exclusively on the determina23 tions described in paragraphs (1) through (3) 

24 of subsection (c), that such equipment or serv25 ice produced or provided by such entity poses 

26 an unacceptable risk to the national security of 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 4973 IH

1 the United States or the security and safety of 

2 United States persons; and 

3 (2) is capable of— 

4 (A) routing or redirecting user data traffic 

5 or permitting visibility into any user data or 

6 packets that such equipment or service trans7 mits or otherwise handles; or 

8 (B) causing the network of a provider of 

9 advanced communications service to be dis10 rupted remotely. 

11 (c) RELIANCE ON CERTAIN OTHER DETERMINA12 TIONS.—In making a determination under subsection 

13 (b)(1)(C), the Commission shall rely solely on one or more 

14 of the following determinations: 

15 (1) A specific determination made by any exec16 utive branch interagency body with appropriate na17 tional security expertise, including the Federal Ac18 quisition Security Council established under section 

19 1322(a) of title 41, United States Code. 

20 (2) A specific determination made by the De21 partment of Commerce pursuant to Executive Order 

22 13873 (84 Fed. Reg. 22689; relating to securing the 

23 information and communications technology and 

24 services supply chain). 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 4973 IH

1 (3) The communications equipment or service 

2 being covered telecommunications equipment or serv3 ices, as defined in section 889(f)(3) of the John S. 

4 McCain National Defense Authorization Act for Fis5 cal Year 2019 (Public Law 115–232; 132 Stat. 

6 1918). 

7 (d) UPDATING OF LIST.— 

8 (1) IN GENERAL.—The Commission shall peri9 odically update the list published under subsection 

10 (a), as necessary to protect national security and to 

11 address changes in the determinations described in 

12 paragraphs (1) through (3) of subsection (c). 

13 (2) MONITORING OF DETERMINATIONS.—The 

14 Commission shall monitor the making or reversing 

15 of the determinations described in paragraphs (1) 

16 through (3) of subsection (c) in order to determine 

17 whether to place communications equipment or serv18 ices on the list published under subsection (a) or to 

19 remove communications equipment or services from 

20 such list. If a determination described in any such 

21 paragraph that provided the basis for a determina22 tion by the Commission under subsection (b)(1)(C) 

23 with respect to any communications equipment or 

24 service is reversed, the Commission shall remove 

25 such equipment or service from such list, except that 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 4973 IH

1 the Commission may not remove such equipment or 

2 service from such list if any other determination de3 scribed in any such paragraph provides a basis for 

4 a determination by the Commission under subsection 

5 (b)(1)(C) with respect to such equipment or service. 

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

7 month period during which the list published under 

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

9 notify the public that no updates were necessary 

10 during such period to protect national security or to 

11 address changes in the determinations described in 

12 paragraphs (1) through (3) of subsection (c). 

13 SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL 

14 LOANS, GRANTS, AND SUBSIDIES. 

15 (a) IN GENERAL.— 

16 (1) PROHIBITION.—A Federal loan, grant, or 

17 subsidy that provides funds to be used for the cap18 ital expenditures necessary for the provision of ad19 vanced communications service may not be used 

20 to— 

21 (A) purchase, rent, lease, or otherwise ob22 tain any covered communications equipment or 

23 service; or 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 4973 IH

1 (B) maintain any covered communications 

2 equipment or service previously purchased, 

3 rented, leased, or otherwise obtained. 

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

5 respect to any covered communications equipment or 

6 service beginning on the date that is 60 days after 

7 the date on which the Commission places such 

8 equipment or service on the list required by section 

9 2(a). In the case of any covered communications 

10 equipment or service that is on the initial list pub11 lished under such section, such equipment or service 

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

13 date on which such list is published. 

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

15 90 days after the date of the enactment of this Act, the 

16 Commission shall adopt a Report and Order in the matter 

17 of Protecting Against National Security Threats to the 

18 Communications Supply Chain Through FCC Programs 

19 (WC Docket No. 18–89) that implements subsection (a), 

20 to the extent such subsection applies to a program admin21 istered by the Commission. 

22 (c) APPLICATION TO OTHER AGENCIES.—Not later 

23 than 180 days after the date of the enactment of this Act, 

24 the head of each Federal agency (other than the Commis25 sion) that administers a program through which any FedVerDate Sep 11 2014 00:04 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4973.IH H4973

kjohnson on DSK79L0C42 with BILLS
7 

•HR 4973 IH

1 eral loan, grant, or subsidy described in subsection (a)(1) 

2 is made available shall update the regulations for the pro3 gram to comply with subsection (a). 

4 (d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to limit a Federal agency from pro6 curing goods or services. 

7 SEC. 4. HOLD HARMLESS. 

8 In the case of a person who is a winner of the Con9 nect America Fund Phase II auction, has not yet been 

10 authorized to receive Connect America Fund Phase II sup11 port, and demonstrates an inability to reasonably meet the 

12 build-out and service obligations of such person under 

13 Connect America Fund Phase II without using equipment 

14 or services prohibited under this Act, such person may 

15 withdraw the application of such person for Connect 

16 America Fund Phase II support without being found in 

17 default or subject to forfeiture. 

18 SEC. 5. ENFORCEMENT. 

19 (a) IN GENERAL.—Except as provided in subsection 

20 (b)— 

21 (1) a violation of this Act or a regulation pro22 mulgated under this Act shall be treated as a viola23 tion of the Communications Act of 1934 (47 U.S.C. 

24 151 et seq.) or a regulation promulgated under such 

25 Act, respectively; and 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 4973 IH

1 (2) the Commission shall enforce this Act and 

2 the regulations promulgated under this Act in the 

3 same manner, by the same means, and with the 

4 same jurisdiction, powers, and duties as though all 

5 applicable terms and provisions of the Communica6 tions Act of 1934 were incorporated into and made 

7 a part of this Act. 

8 (b) EXCEPTION.—Subsection (a) does not apply with 

9 respect to— 

10 (1) a Federal loan, grant, or subsidy that is 

11 made available through a program that is adminis12 tered by a Federal agency other than the Commis13 sion; or 

14 (2) a regulation promulgated by such agency 

15 under section 3(c). 

16 SEC. 6. DEFINITIONS. 

17 In this Act: 

18 (1) ADVANCED COMMUNICATIONS SERVICE.— 

19 The term ‘‘advanced communications service’’ has 

20 the meaning given the term ‘‘advanced telecommuni21 cations capability’’ in section 706 of the Tele22 communications Act of 1996 (47 U.S.C. 1302). 

23 (2) COMMISSION.—The term ‘‘Commission’’ 

24 means the Federal Communications Commission. 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 4973 IH

1 (3) 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 (4) 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 (5) EXECUTIVE BRANCH INTERAGENCY

14 BODY.—The term ‘‘executive branch interagency 

15 body’’ means an interagency body established in the 

16 executive branch. 

17 (6) FEDERAL AGENCY.—The term ‘‘Federal 

18 agency’’ has the meaning given the term ‘‘agency’’ 

19 in section 551 of title 5, United States Code. 

20 (7) PERSON.—The term ‘‘person’’ means an in21 dividual or entity. 

22 (8) PROVIDER OF ADVANCED COMMUNICATIONS

23 SERVICE.—The term ‘‘provider of advanced commu24 nications service’’ means a person who provides adVerDate Sep 11 2014 00:04 Nov 13, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4973.IH H4973

kjohnson on DSK79L0C42 with BILLS
10 

•HR 4973 IH

1 vanced communications service to United States cus2 tomers. 

Æ 


kjohnson on DSK79L0C42 with BILLS