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 secu-
rity 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 con-
cerned 
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 Representa-
tives 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’’. 
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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 trans-
mits or otherwise handles; or 
(B) causing the network of a provider of 
advanced communications service to be dis-
rupted remotely. 
(c) RELIANCE
ON CERTAIN OTHER DETERMINA-
TIONS.—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 exec-
utive branch interagency body with appropriate na-
tional security expertise, including the Federal Ac-
quisition Security Council established under section 
1322(a) of title 41, United States Code. 
(2) A specific determination made by the De-
partment of Commerce pursuant to Executive Order 
13873 (84 Fed. Reg. 22689; relating to securing the 
information and communications technology and 
services supply chain). 
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the Commission may not remove such equipment or 
service from such list if any other determination de-
scribed 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 cap-
ital expenditures necessary for the provision of ad-
vanced communications service may not be used 
to— 
(A) purchase, rent, lease, or otherwise ob-
tain any covered communications equipment or 
service; or 
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(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 pub-
lished 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 admin-
istered 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 Commis-
sion) that administers a program through which any Fed-
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eral loan, grant, or subsidy described in subsection (a)(1) 
is made available shall update the regulations for the pro-
gram to comply with subsection (a). 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to limit a Federal agency from pro-
curing goods or services. 
SEC. 4. HOLD HARMLESS. 
In the case of a person who is a winner of the Con-
nect America Fund Phase II auction, has not yet been 
authorized to receive Connect America Fund Phase II sup-
port, 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 pro-
mulgated under this Act shall be treated as a viola-
tion of the Communications Act of 1934 (47 U.S.C. 
151 et seq.) or a regulation promulgated under such 
Act, respectively; and 
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(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 Communica-
tions 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 adminis-
tered by a Federal agency other than the Commis-
sion; 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 telecommuni-
cations capability’’ in section 706 of the Tele-
communications Act of 1996 (47 U.S.C. 1302). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Communications Commission. 
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(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 com-
munications service— 
(A) the customers of such provider; and 
(B) the customers of any affiliate (as de-
fined 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 in-
dividual or entity. 
(8) PROVIDER OF ADVANCED COMMUNICATIONS 
SERVICE.—The term ‘‘provider of advanced commu-
nications service’’ means a person who provides ad-
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vanced communications service to United States cus-
tomers. 
Æ 
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