I 

116TH CONGRESS 

1ST SESSION H. R. 4998 

To prohibit certain Federal loans, grants, and 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. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 8, 2019 

Mr. PALLONE (for himself, Mr. WALDEN, Ms. MATSUI, and Mr. GUTHRIE) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To prohibit certain Federal loans, grants, and 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. 

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’’. 


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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 


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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). 


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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 


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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 is made available through a program 

18 administered by the Commission and that provides 

19 funds to be used for the capital expenditures nec20 essary for the provision of advanced communications 

21 service may not be used to— 

22 (A) purchase, rent, lease, or otherwise ob23 tain any covered communications equipment or 

24 service; or 


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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 (c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion may be construed to limit a Federal agency from pro22 curing goods or services. 


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1 SEC. 4. SECURE AND TRUSTED COMMUNICATIONS NET2 WORKS REIMBURSEMENT PROGRAM. 

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

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

5 Trusted Communications Networks Reimbursement Pro6 gram’’, to make reimbursements to providers of advanced 

7 communications service to replace covered communica8 tions equipment or services. 

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

10 reimbursement under the Program to a provider of ad11 vanced communications service unless the provider— 

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

13 (2) makes all of the certifications required by 

14 subsection (d)(5). 

15 (c) USE OF FUNDS.— 

16 (1) IN GENERAL.—A recipient of a reimburse17 ment under the Program shall use reimbursement 

18 funds solely for the purposes of— 

19 (A) permanently removing covered commu20 nications equipment or services purchased, 

21 rented, leased, or otherwise obtained before— 

22 (i) in the case of any covered commu23 nications equipment or services that are on 

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

25 August 14, 2018; or 


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1 (ii) in the case of any covered commu2 nications equipment or services that are 

3 not on the initial list published under sec4 tion 2(a), the date that is 60 days after 

5 the date on which the Commission places 

6 such equipment or services on the list re7 quired by such section; 

8 (B) replacing the covered communications 

9 equipment or services removed as described in 

10 subparagraph (A) with communications equip11 ment or services that are not covered commu12 nications equipment or services; and 

13 (C) disposing of the covered communica14 tions equipment or services removed as de15 scribed in subparagraph (A) in accordance with 

16 the requirements under subsection (d)(8). 

17 (2) LIMITATIONS.—A recipient of a reimburse18 ment under the Program may not— 

19 (A) use reimbursement funds to remove, 

20 replace, or dispose of any covered communica21 tions equipment or service purchased, rented, 

22 leased, or otherwise obtained on or after— 

23 (i) in the case of any covered commu24 nications equipment or service that is 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 service that is not 

5 on the initial list published under section 

6 2(a), the date that is 60 days after the 

7 date on which the Commission places such 

8 equipment or service on the list required 

9 by such section; or 

10 (B) purchase, rent, lease, or otherwise ob11 tain any covered communications equipment or 

12 service, using reimbursement funds or any 

13 other funds (including funds derived from pri14 vate sources). 

15 (d) IMPLEMENTATION.— 

16 (1) REGULATIONS.—Not later than 270 days 

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

18 Commission shall promulgate regulations to imple19 ment the Program. 

20 (2) SUGGESTED REPLACEMENTS.— 

21 (A) DEVELOPMENT OF LIST.—The Com22 mission shall develop a list of suggested replace23 ments of both physical and virtual communica24 tions equipment, application and management 

25 software, and services. 


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1 (B) NEUTRALITY.—The list developed 

2 under subparagraph (A) shall be technology 

3 neutral and may not advantage the use of reim4 bursement funds for capital expenditures over 

5 operational expenditures, to the extent that the 

6 Commission determines that communications 

7 services can serve as an adequate substitute for 

8 the installation of communications equipment. 

9 (3) APPLICATION PROCESS.— 

10 (A) IN GENERAL.—The Commission shall 

11 develop an application process and related 

12 forms and materials for the Program. 

13 (B) COST ESTIMATE.— 

14 (i) INITIAL ESTIMATE.—The Commis15 sion shall require an applicant to provide 

16 an initial reimbursement cost estimate at 

17 the time of application, with supporting 

18 materials substantiating the costs. 

19 (ii) UPDATES.—During and after the 

20 application review process, the Commission 

21 may require an applicant to— 

22 (I) update the initial reimburse23 ment cost estimate submitted under 

24 clause (i); and 


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1 (II) submit additional supporting 

2 materials substantiating an updated 

3 cost estimate submitted under sub4 clause (I). 

5 (C) MITIGATION OF BURDEN.—In devel6 oping the application process under this para7 graph, the Commission shall take reasonable 

8 steps to mitigate the administrative burdens 

9 and costs associated with the application proc10 ess, while taking into account the need to avoid 

11 waste, fraud, and abuse in the Program. 

12 (4) APPLICATION REVIEW PROCESS.— 

13 (A) DEADLINE.— 

14 (i) IN GENERAL.—Except as provided 

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

16 Commission shall approve or deny an ap17 plication for a reimbursement under the 

18 Program not later than 90 days after the 

19 date of the submission of the application. 

20 (ii) ADDITIONAL TIME NEEDED BY

21 COMMISSION.—If the Commission deter22 mines that, because an excessive number of 

23 applications have been filed at one time, 

24 the Commission needs additional time for 

25 employees of the Commission to process 


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1 the applications, the Commission may ex2 tend the deadline described in clause (i) for 

3 not more than 45 days. 

4 (B) OPPORTUNITY FOR APPLICANT TO

5 CURE DEFICIENCY.—If the Commission deter6 mines that an application is materially deficient 

7 (including by lacking an adequate cost estimate 

8 or adequate supporting materials), the Commis9 sion shall provide the applicant a 15-day period 

10 to cure the defect before denying the applica11 tion. If such period would extend beyond the 

12 deadline under subparagraph (A) for approving 

13 or denying the application, such deadline shall 

14 be extended through the end of such period. 

15 (C) EFFECT OF DENIAL.—Denial of an ap16 plication for a reimbursement under the Pro17 gram shall not preclude the applicant from re18 submitting the application or submitting a new 

19 application for a reimbursement under the Pro20 gram at a later date. 

21 (5) CERTIFICATIONS.—An applicant for a reim22 bursement under the Program shall, in the applica23 tion of the applicant, certify to the Commission 

24 that— 


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

2 application, the applicant— 

3 (i) has developed a plan for— 

4 (I) the permanent removal and 

5 replacement of any covered commu6 nications equipment or services that 

7 are in the communications network of 

8 the applicant as of such date; and 

9 (II) the disposal of the equip10 ment or services removed as described 

11 in subclause (I) in accordance with 

12 the requirements under paragraph 

13 (8); and 

14 (ii) has developed a specific timeline 

15 (subject to paragraph (7)) for the perma16 nent removal, replacement, and disposal of 

17 the covered communications equipment or 

18 services identified under clause (i), which 

19 timeline shall be submitted to the Commis20 sion as part of the application; and 

21 (B) beginning on the date of the approval 

22 of the application, the applicant— 

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

24 otherwise obtain covered communications 

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1 ment funds or any other funds (including 

2 funds derived from private sources); and 

3 (ii) in developing and tailoring the 

4 risk management practices of the appli5 cant, will consult and consider the stand6 ards, guidelines, and best practices set 

7 forth in the cybersecurity framework devel8 oped by the National Institute of Stand9 ards and Technology. 

10 (6) DISTRIBUTION OF REIMBURSEMENT

11 FUNDS.— 

12 (A) IN GENERAL.—The Commission shall 

13 make reasonable efforts to ensure that reim14 bursement funds are distributed equitably 

15 among all applicants for reimbursements under 

16 the Program according to the needs of the ap17 plicants, as identified by the applications of the 

18 applicants. 

19 (B) NOTIFICATION.—If, at any time dur20 ing the implementation of the Program, the 

21 Commission determines that the funds made 

22 available to the Commission to carry out the 

23 Program will not be sufficient to fully fund all 

24 approved applications for reimbursements under 


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1 the Program, the Commission shall immediately 

2 notify— 

3 (i) the Committee on Energy and 

4 Commerce and the Committee on Appro5 priations of the House of Representatives; 

6 and 

7 (ii) the Committee on Commerce, 

8 Science, and Transportation and the Com9 mittee on Appropriations of the Senate. 

10 (7) REMOVAL, REPLACEMENT, AND DISPOSAL

11 TERM.— 

12 (A) DEADLINE.—The permanent removal, 

13 replacement, and disposal of any covered com14 munications equipment or services identified 

15 under paragraph (5)(A)(i) shall be completed 

16 not later than 1 year after the date on which 

17 the Commission approves the application. 

18 (B) GENERAL EXTENSION.—The Commis19 sion may grant an extension of the deadline de20 scribed in subparagraph (A) for 6 months to all 

21 recipients of reimbursements under the Pro22 gram if the Commission— 

23 (i) finds that the supply of replace24 ment communications equipment or serv25 ices needed by the recipients to achieve the 


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1 purposes of the Program is inadequate to 

2 meet the needs of the recipients; and 

3 (ii) provides notice and a detailed jus4 tification for granting the extension to— 

5 (I) the Committee on Energy and 

6 Commerce of the House of Represent7 atives; and 

8 (II) the Committee on Com9 merce, Science, and Transportation of 

10 the Senate. 

11 (C) INDIVIDUAL EXTENSION.— 

12 (i) PETITION.—A recipient of a reim13 bursement under the Program may peti14 tion the Commission for an extension for 

15 such recipient of the deadline described in 

16 subparagraph (A) or, if the Commission 

17 has granted an extension of such deadline 

18 under subparagraph (B), such deadline as 

19 so extended. 

20 (ii) GRANT.—The Commission may 

21 grant a petition filed under clause (i) by 

22 extending, for the recipient that filed the 

23 petition, the deadline described in subpara24 graph (A) or, if the Commission has grant25 ed an extension of such deadline under 


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1 subparagraph (B), such deadline as so ex2 tended, for a period of not more than 6 

3 months if the Commission finds that, due 

4 to no fault of such recipient, such recipient 

5 is unable to complete the permanent re6 moval, replacement, and disposal described 

7 in subparagraph (A). 

8 (8) DISPOSAL OF COVERED COMMUNICATIONS

9 EQUIPMENT OR SERVICES.—The Commission shall 

10 include in the regulations promulgated under para11 graph (1) requirements for the disposal by a recipi12 ent of a reimbursement under the Program of cov13 ered communications equipment or services identi14 fied under paragraph (5)(A)(i) and removed from 

15 the network of the recipient in order to prevent such 

16 equipment or services from being used in the net17 works of providers of advanced communications serv18 ice. 

19 (9) STATUS UPDATES.— 

20 (A) IN GENERAL.—Not less frequently 

21 than once every 90 days beginning on the date 

22 on which the Commission approves an applica23 tion for a reimbursement under the Program, 

24 the recipient of the reimbursement shall submit 

25 to the Commission a status update on the work 


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1 of the recipient to permanently remove, replace, 

2 and dispose of the covered communications 

3 equipment or services identified under para4 graph (5)(A)(i). 

5 (B) PUBLIC POSTING.—Not earlier than 

6 30 days after the date on which the Commis7 sion receives a status update under subpara8 graph (A), the Commission shall make such sta9 tus update public on the website of the Com10 mission. 

11 (C) REPORTS TO CONGRESS.—Not less fre12 quently than once every 180 days beginning on 

13 the date on which the Commission first makes 

14 funds available to a recipient of a reimburse15 ment under the Program, the Commission shall 

16 prepare and submit to the Committee on En17 ergy and Commerce of the House of Represent18 atives and the Committee on Commerce, 

19 Science, and Transportation of the Senate a re20 port on— 

21 (i) the implementation of the Program 

22 by the Commission; and 

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1 ered communications equipment or services 

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

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

4 ABUSE.— 

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

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

7 with respect to the Program. 

8 (2) SPENDING REPORTS.—The Commission 

9 shall require recipients of reimbursements under the 

10 Program to submit to the Commission on a regular 

11 basis reports regarding how reimbursement funds 

12 have been spent, including detailed accounting of the 

13 covered communications equipment or services per14 manently removed and disposed of, and the replace15 ment equipment or services purchased, rented, 

16 leased, or otherwise obtained, using reimbursement 

17 funds. 

18 (3) AUDITS, REVIEWS, AND FIELD INVESTIGA19 TIONS.—The Commission shall conduct— 

20 (A) regular audits and reviews of reim21 bursements under the Program to confirm that 

22 recipients of such reimbursements are com23 plying with this Act; and 

24 (B) random field investigations to ensure 

25 that recipients of reimbursements under the 


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1 Program are performing the work such recipi2 ents are required to perform under the commit3 ments made in the applications of such recipi4 ents for reimbursements under the Program, in5 cluding the permanent removal, replacement, 

6 and disposal of the covered communications 

7 equipment or services identified under sub8 section (d)(5)(A)(i). 

9 (4) FINAL CERTIFICATION.— 

10 (A) IN GENERAL.—The Commission shall 

11 require a recipient of a reimbursement under 

12 the Program to submit to the Commission, in 

13 a form and at an appropriate time to be deter14 mined by the Commission, a certification stat15 ing that the recipient— 

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

17 the process of complying with) all terms 

18 and conditions of the Program; 

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

20 the process of complying with) the commit21 ments made in the application of the re22 cipient for the reimbursement; 

23 (iii) has permanently removed from 

24 the communications network of the recipi25 ent, replaced, and disposed of (or is in the 


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1 process of permanently removing, replac2 ing, and disposing of) all covered commu3 nications equipment or services that were 

4 in the network of the recipient as of the 

5 date of the submission of the application of 

6 the recipient for the reimbursement; and 

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

8 the process of complying with) the timeline 

9 submitted by the recipient under subpara10 graph (A)(ii) of paragraph (5) of sub11 section (d) and the other requirements of 

12 such paragraph. 

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

14 time when a recipient of a reimbursement under 

15 the Program submits a certification under sub16 paragraph (A), the recipient has not fully com17 plied as described in clause (i), (ii), or (iv) of 

18 such subparagraph or has not completed the 

19 permanent removal, replacement, and disposal 

20 described in clause (iii) of such subparagraph, 

21 the Commission shall require the recipient to 

22 file an updated certification when the recipient 

23 has fully complied as described in such clause 

24 (i), (ii), or (iv) or completed such permanent re25 moval, replacement, and disposal. 


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1 (f) EFFECT OF REMOVAL OF EQUIPMENT OR SERV2 ICE FROM LIST.— 

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

4 a recipient of a reimbursement under the Program 

5 submits the application for the reimbursement, any 

6 covered communications equipment or service that is 

7 in the network of the recipient as of such date is re8 moved from the list published under section 2(a), 

9 the recipient may— 

10 (A) return to the Commission any reim11 bursement funds received for the removal, re12 placement, and disposal of such equipment or 

13 service and be released from any requirement 

14 under this section to remove, replace, or dispose 

15 of such equipment or service; or 

16 (B) retain any reimbursement funds re17 ceived for the removal, replacement, and dis18 posal of such equipment or service and remain 

19 subject to the requirements of this section to 

20 remove, replace, and dispose of such equipment 

21 or service as if such equipment or service con22 tinued to be on the list published under section 

23 2(a). 

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

25 relating to the removal, replacement, or disposal of 


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1 any equipment or service with respect to which the 

2 recipient returns to the Commission reimbursement 

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

4 be satisfied by making an assurance that such funds 

5 have been returned. 

6 (g) RULE OF CONSTRUCTION REGARDING TIMING OF

7 REIMBURSEMENT.—Nothing in this section shall be con8 strued to prohibit the Commission from making a reim9 bursement under the Program to a provider of advanced 

10 communications service before the provider incurs the cost 

11 of the permanent removal, replacement, and disposal of 

12 the covered communications equipment or service for 

13 which the application of the provider has been approved 

14 under this section. 

15 (h) EDUCATION EFFORTS.—The Commission shall 

16 engage in education efforts with providers of advanced 

17 communications service to— 

18 (1) encourage such providers to participate in 

19 the Program; and 

20 (2) assist such providers in submitting applica21 tions for the Program. 

22 (i) SEPARATE FROM FEDERAL UNIVERSAL SERVICE

23 PROGRAMS.—The Program shall be separate from any 

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1 tion 254 of the Communications Act of 1934 (47 U.S.C. 

2 254). 

3 (j) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the Commission 

5 $1,000,000,000 for fiscal year 2020 to carry out the Pro6 gram. Such amount is authorized to remain available 

7 through fiscal year 2029. 

8 SEC. 5. HOLD HARMLESS. 

9 In the case of a person who is a winner of the Con10 nect America Fund Phase II auction, has not yet been 

11 authorized to receive Connect America Fund Phase II sup12 port, and demonstrates an inability to reasonably meet the 

13 build-out and service obligations of such person under 

14 Connect America Fund Phase II without using equipment 

15 or services prohibited under this Act, such person may 

16 withdraw the application of such person for Connect 

17 America Fund Phase II support without being found in 

18 default or subject to forfeiture. 

19 SEC. 6. ENFORCEMENT. 

20 (a) VIOLATIONS.—A violation of this Act or a regula21 tion promulgated under this Act shall be treated as a vio22 lation of the Communications Act of 1934 (47 U.S.C. 151 

23 et seq.) or a regulation promulgated under such Act, re24 spectively. The Commission shall enforce this Act and the 

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1 ner, by the same means, and with the same jurisdiction, 

2 powers, and duties as though all applicable terms and pro3 visions of the Communications Act of 1934 were incor4 porated into and made a part of this Act. 

5 (b) ADDITIONAL PENALTIES.— 

6 (1) IN GENERAL.—Except as provided in para7 graph (2), in addition to penalties under the Com8 munications Act of 1934, a recipient of a reimburse9 ment under the Program found to have violated sec10 tion 4, the regulations promulgated under such sec11 tion, or the commitments made by the recipient in 

12 the application for the reimbursement— 

13 (A) shall repay to the Commission all reim14 bursement funds provided to the recipient 

15 under the Program; 

16 (B) shall be barred from further participa17 tion in the Program; 

18 (C) shall be referred to all appropriate law 

19 enforcement agencies or officials for further ac20 tion under applicable criminal and civil laws; 

21 and 

22 (D) may be barred by the Commission 

23 from participation in other programs of the 

24 Commission, including the Federal universal 

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1 tion 254 of the Communications Act of 1934 

2 (47 U.S.C. 254). 

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

4 penalties described in paragraph (1) shall not apply 

5 to a recipient of a reimbursement under the Pro6 gram unless— 

7 (A) the Commission provides the recipient 

8 with notice of the violation; and 

9 (B) the recipient fails to cure the violation 

10 within 180 days after the Commission provides 

11 such notice. 

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

13 immediately take action to recover all reimbursement 

14 funds awarded to a recipient of a reimbursement under 

15 the Program in any case in which such recipient is re16 quired to repay reimbursement funds under subsection 

17 (b)(1)(A). 

18 SEC. 7. DEFINITIONS. 

19 In this Act: 

20 (1) ADVANCED COMMUNICATIONS SERVICE.— 

21 The term ‘‘advanced communications service’’ has 

22 the meaning given the term ‘‘advanced telecommuni23 cations capability’’ in section 706 of the Tele24 communications Act of 1996 (47 U.S.C. 1302). 


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•HR 4998 IH

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

2 means the Federal Communications Commission. 

3 (3) COVERED COMMUNICATIONS EQUIPMENT OR

4 SERVICE.—The term ‘‘covered communications 

5 equipment or service’’ means any communications 

6 equipment or service that is on the list published by 

7 the Commission under section 2(a). 

8 (4) CUSTOMERS.—The term ‘‘customers’’ 

9 means, with respect to a provider of advanced com10 munications service— 

11 (A) the customers of such provider; and 

12 (B) the customers of any affiliate (as de13 fined in section 3 of the Communications Act of 

14 1934 (47 U.S.C. 153)) of such provider. 

15 (5) EXECUTIVE BRANCH INTERAGENCY

16 BODY.—The term ‘‘executive branch interagency 

17 body’’ means an interagency body established in the 

18 executive branch. 

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

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

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

22 (7) PERSON.—The term ‘‘person’’ means an in23 dividual or entity. 

24 (8) PROGRAM.—The term ‘‘Program’’ means 

25 the Secure and Trusted Communications Networks 


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•HR 4998 IH

1 Reimbursement Program established under section 

2 4(a). 

3 (9) PROVIDER OF ADVANCED COMMUNICATIONS

4 SERVICE.—The term ‘‘provider of advanced commu5 nications service’’ means a person who provides ad6 vanced communications service to United States cus7 tomers. 

8 (10) RECIPIENT.—The term ‘‘recipient’’ means 

9 any provider of advanced communications service the 

10 application of which for a reimbursement under the 

11 Program has been approved by the Commission, re12 gardless of whether the provider has received reim13 bursement funds. 

14 (11) REIMBURSEMENT FUNDS.—The term ‘‘re15 imbursement funds’’ means any reimbursement re16 ceived under the Program. 

Æ 


kjohnson on DSK79L0C42 with BILLS