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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4973 Introduced in House (IH)]

<DOC>

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Trusting Commercial Communications 
Networks Act of 2019''.

SEC. 2. DETERMINATION OF COMMUNICATIONS EQUIPMENT OR SERVICES POSING 
              NATIONAL SECURITY RISKS.

    (a) Publication of Covered Communications Equipment or Services 
List.--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) Determination by Commission.--The Commission shall place on the 
list published under subsection (a) any communications equipment or 
service, if and only if the Commission determines that such equipment 
or service--
            (1) is produced or provided by--
                    (A) Huawei Technologies Co. Limited, Zhongxing 
                Telecommunications Equipment Corporation, or any 
                subsidiary or affiliate of either such entity;
                    (B) any successor to any entity described in 
                subparagraph (A); or
                    (C) any other entity, if the Commission determines, 
                based exclusively on the determinations described in 
                paragraphs (1) through (3) of subsection (c), that 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; or
                    (B) causing the network of a provider of advanced 
                communications service to be disrupted remotely.
    (c) Reliance on Certain Other Determinations.--In making a 
determination under subsection (b)(1)(C), the Commission shall rely 
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, 
        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 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).
    (d) Updating of List.--
            (1) In general.--The Commission shall periodically update 
        the list published under subsection (a), as necessary to 
        protect national security and to address changes in the 
        determinations described in paragraphs (1) through (3) of 
        subsection (c).
            (2) Monitoring of determinations.--The Commission shall 
        monitor the making or reversing of the determinations described 
        in paragraphs (1) through (3) of subsection (c) in order to 
        determine whether to place 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)(C) 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 a determination by the Commission under subsection 
        (b)(1)(C) with respect to such equipment or service.
            (3) Public notification.--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 (3) of subsection (c).

SEC. 3. PROHIBITION ON USE OF CERTAIN FEDERAL LOANS, GRANTS, AND 
              SUBSIDIES.

    (a) In General.--
            (1) Prohibition.--A Federal loan, grant, or subsidy 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.--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, 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.--Not later than 90 days after the 
date of the enactment of this Act, the Commission shall adopt a Report 
and Order in the matter of Protecting Against National Security Threats 
to the Communications Supply Chain Through FCC Programs (WC Docket No. 
18-89) that implements subsection (a), to the extent such subsection 
applies to a program administered by the Commission.
    (c) Application to Other Agencies.--Not later than 180 days after 
the date of the enactment of this Act, the head of each Federal agency 
(other than the Commission) that administers a program through which 
any Federal loan, grant, or subsidy described in subsection (a)(1) is 
made available shall update the regulations for the program to comply 
with subsection (a).
    (d) Rule of Construction.--Nothing in this section may be construed 
to limit a Federal agency from procuring goods or services.

SEC. 4. 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.

SEC. 5. ENFORCEMENT.

    (a) In General.--Except as provided in subsection (b)--
            (1) 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; and
            (2) 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) Exception.--Subsection (a) does not apply with respect to--
            (1) a Federal loan, grant, or subsidy that is made 
        available through a program that is administered by a Federal 
        agency other than the Commission; or
            (2) a regulation promulgated by such agency under section 
        3(c).

SEC. 6. 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) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (3) 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).
            (4) Customers.--The term ``customers'' means, with respect 
        to a provider of advanced communications service--
                    (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.
            (5) Executive branch interagency body.--The term 
        ``executive branch interagency body'' means an interagency body 
        established in the executive branch.
            (6) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``agency'' in section 551 of title 5, 
        United States Code.
            (7) Person.--The term ``person'' means an individual or 
        entity.
            (8) Provider of advanced communications service.--The term 
        ``provider of advanced communications service'' means a person 
        who provides advanced communications service to United States 
        customers.
                                 <all>
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