Text: H.R.4998 — 116th Congress (2019-2020)All Information (Except Text)

Text available as:

Shown Here:
Public Law No: 116-124 (03/12/2020)

 
[116th Congress Public Law 124]
[From the U.S. Government Publishing Office]



[[Page 157]]

         SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019

[[Page 134 STAT. 158]]

Public Law 116-124
116th Congress

                                 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. <<NOTE: Mar. 12, 2020 -  [H.R. 4998]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Secure and 
Trusted Communications Networks Act of 2019.>> 
SECTION 1. <<NOTE: 47 USC 1601 note.>>  SHORT TITLE.

    This Act may be cited as the ``Secure and Trusted Communications 
Networks Act of 2019''.
SEC. 2. <<NOTE: 47 USC 1601.>>  DETERMINATION OF COMMUNICATIONS 
                    EQUIPMENT OR SERVICES POSING NATIONAL SECURITY 
                    RISKS.

    (a) Publication of Covered Communications Equipment or Services 
List.-- <<NOTE: Deadline. Web posting.>> 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) Publication by Commission.--The Commission shall place on the 
list published under subsection (a) any communications equipment or 
service, if and only if such equipment or service--
            (1) is produced or provided by any entity, if, based 
        exclusively on the determinations described in paragraphs (1) 
        through (4) of subsection (c), 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;
                    (B) causing the network of a provider of advanced 
                communications service to be disrupted remotely; or
                    (C) otherwise posing an unacceptable risk to the 
                national security of the United States or the security 
                and safety of United States persons.

    (c) Reliance on Certain Determinations.--In taking action under 
subsection (b)(1), the Commission shall place on the list any 
communications equipment or service that poses an unacceptable risk to 
the national security of the United States or the security and safety of 
United States persons based 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,

[[Page 131 STAT. 159]]

        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 No. 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).
            (4) A specific determination made by an appropriate national 
        security agency.

    (d) Updating of List.--
            (1) In general.--The Commission shall periodically update 
        the list published under subsection (a) to address changes in 
        the determinations described in paragraphs (1) through (4) of 
        subsection (c).
            (2) Monitoring of determinations.--The Commission shall 
        monitor the making or reversing of the determinations described 
        in paragraphs (1) through (4) of subsection (c) in order to 
        place additional 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) 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 inclusion on such 
        list by the Commission under subsection (b)(1) with respect to 
        such equipment or service.
            (3) Public notification.-- <<NOTE: Time period.>> 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 (4) of subsection (c).
SEC. <<NOTE: 47 USC 1602.>>  3. PROHIBITION ON USE OF CERTAIN 
                    FEDERAL SUBSIDIES.

    (a) In General.--
            (1) Prohibition.--A Federal subsidy that is made available 
        through a program administered by the Commission and 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.-- <<NOTE: Applicability. Effective date. Time 
        period.>> 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,

[[Page 131 STAT. 160]]

        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.-- <<NOTE: Deadline.>> Not later than 
180 days after the date of the enactment of this Act, the Commission 
shall adopt a Report and Order to implement subsection (a). If the 
Commission has, before the date of the enactment of this Act, taken 
action that in whole or in part implements subsection (a), the 
Commission is not required to revisit such action, but only to the 
extent such action is consistent with this section.
SEC. <<NOTE: 47 USC 1603.>>  4. SECURE AND TRUSTED COMMUNICATIONS 
                    NETWORKS REIMBURSEMENT PROGRAM.

    (a) In General.--The Commission shall establish a reimbursement 
program, to be known as the ``Secure and Trusted Communications Networks 
Reimbursement Program'', to make reimbursements to providers of advanced 
communications service to replace covered communications equipment or 
services.
    (b) Eligibility.--The Commission may not make a reimbursement under 
the Program to a provider of advanced communications service unless the 
provider--
            (1) has 2,000,000 or fewer customers; and
            (2) makes all of the certifications required by subsection 
        (d)(4).

    (c) Use of Funds.--
            (1) In general.--A recipient of a reimbursement under the 
        Program shall use reimbursement funds solely for the purposes 
        of--
                    (A) <<NOTE: Time periods.>> permanently removing 
                covered communications equipment or services purchased, 
                rented, leased, or otherwise obtained before--
                          (i) in the case of any covered communications 
                      equipment or services that are on the initial list 
                      published under section 2(a), August 14, 2018; or
                          (ii) in the case of any covered communications 
                      equipment or services that are not on the initial 
                      list published under section 2(a), the date that 
                      is 60 days after the date on which the Commission 
                      places such equipment or services on the list 
                      required by such section;
                    (B) replacing the covered communications equipment 
                or services removed as described in subparagraph (A) 
                with communications equipment or services that are not 
                covered communications equipment or services; and
                    (C) disposing of the covered communications 
                equipment or services removed as described in 
                subparagraph (A) in accordance with the requirements 
                under subsection (d)(7).
            (2) Limitations.--A recipient of a reimbursement under the 
        Program may not--
                    (A) <<NOTE: Time periods.>> use reimbursement funds 
                to remove, replace, or dispose of any covered 
                communications equipment or service purchased, rented, 
                leased, or otherwise obtained on or after--
                          (i) in the case of any covered communications 
                      equipment or service that is on the initial list 
                      published under section 2(a), August 14, 2018; or
                          (ii) in the case of any covered communications 
                      equipment or service that is not on the initial 
                      list

[[Page 131 STAT. 161]]

                      published under section 2(a), the date that is 60 
                      days after the date on which the Commission places 
                      such equipment or service on the list required by 
                      such section; or
                    (B) purchase, rent, lease, or otherwise obtain any 
                covered communications equipment or service, using 
                reimbursement funds or any other funds (including funds 
                derived from private sources).

    (d) Implementation.--
            (1) Suggested replacements.--
                    (A) Development of list.--The Commission shall 
                develop a list of suggested replacements of both 
                physical and virtual communications equipment, 
                application and management software, and services or 
                categories of replacements of both physical and virtual 
                communications equipment, application and management 
                software and services.
                    (B) Neutrality.--The list developed under 
                subparagraph (A) shall be technology neutral and may not 
                advantage the use of reimbursement funds for capital 
                expenditures over operational expenditures, to the 
                extent that the Commission determines that 
                communications services can serve as an adequate 
                substitute for the installation of communications 
                equipment.
            (2) Application process.--
                    (A) In general.--The Commission shall develop an 
                application process and related forms and materials for 
                the Program.
                    (B) Cost estimate.--
                          (i) <<NOTE: Requirements.>>  Initial 
                      estimate.--The Commission shall require an 
                      applicant to provide an initial reimbursement cost 
                      estimate at the time of application, with 
                      supporting materials substantiating the costs.
                          (ii) Updates.--During and after the 
                      application review process, the Commission may 
                      require an applicant to--
                                    (I) update the initial reimbursement 
                                cost estimate submitted under clause 
                                (i); and
                                    (II) submit additional supporting 
                                materials substantiating an updated cost 
                                estimate submitted under subclause (I).
                    (C) Mitigation of burden.--In developing the 
                application process under this paragraph, the Commission 
                shall take reasonable steps to mitigate the 
                administrative burdens and costs associated with the 
                application process, while taking into account the need 
                to avoid waste, fraud, and abuse in the Program.
            (3) Application review process.--
                    (A) Deadline.--
                          (i) In general.--Except as provided in clause 
                      (ii) and subparagraph (B), the Commission shall 
                      approve or deny an application for a reimbursement 
                      under the Program not later than 90 days after the 
                      date of the submission of the application.
                          (ii) Additional time needed by commission.--
                      If <<NOTE: Determination.>>  the Commission 
                      determines that, because an excessive number of 
                      applications have been filed at one time, the 
                      Commission needs additional time for

[[Page 131 STAT. 162]]

                      employees of the Commission to process the 
                      applications, the Commission may extend the 
                      deadline described in clause (i) for not more than 
                      45 days.
                    (B) Opportunity for applicant to cure deficiency.-- 
                <<NOTE: Determination. Time period. Deadline.>> If the 
                Commission determines that an application is materially 
                deficient (including by lacking an adequate cost 
                estimate or adequate supporting materials), the 
                Commission shall provide the applicant a 15-day period 
                to cure the defect before denying the application. If 
                such period would extend beyond the deadline under 
                subparagraph (A) for approving or denying the 
                application, such deadline shall be extended through the 
                end of such period.
                    (C) Effect of denial.--Denial of an application for 
                a reimbursement under the Program shall not preclude the 
                applicant from resubmitting the application or 
                submitting a new application for a reimbursement under 
                the Program at a later date.
            (4) Certifications.--An applicant for a reimbursement under 
        the Program shall, in the application of the applicant, certify 
        to the Commission that--
                    (A) as of the date of the submission of the 
                application, the applicant--
                          (i) <<NOTE: Plan.>> has developed a plan for--
                                    (I) the permanent removal and 
                                replacement of any covered 
                                communications equipment or services 
                                that are in the communications network 
                                of the applicant as of such date; and
                                    (II) the disposal of the equipment 
                                or services removed as described in 
                                subclause (I) in accordance with the 
                                requirements under paragraph (7); and
                          (ii) <<NOTE: Timeline.>> has developed a 
                      specific timeline (subject to paragraph (6)) for 
                      the permanent removal, replacement, and disposal 
                      of the covered communications equipment or 
                      services identified under clause (i), which 
                      timeline shall be submitted to the Commission as 
                      part of the application; and
                    (B) <<NOTE: Effective date.>> beginning on the date 
                of the approval of the application, the applicant--
                          (i) will not purchase, rent, lease, or 
                      otherwise obtain covered communications equipment 
                      or services, using reimbursement funds or any 
                      other funds (including funds derived from private 
                      sources); and
                          (ii) in developing and tailoring the risk 
                      management practices of the applicant, will 
                      consult and consider the standards, guidelines, 
                      and best practices set forth in the cybersecurity 
                      framework developed by the National Institute of 
                      Standards and Technology.
            (5) Distribution of reimbursement funds.--
                    (A) In general.--The Commission shall make 
                reasonable efforts to ensure that reimbursement funds 
                are distributed equitably among all applicants for 
                reimbursements under the Program according to the needs 
                of the applicants, as identified by the applications of 
                the applicants.
                    (B) <<NOTE: Determination.>>  Notification.--If, at 
                any time during the implementation of the Program, the 
                Commission determines that $1,000,000,000 will not be 
                sufficient to fully

[[Page 131 STAT. 163]]

                fund all approved applications for reimbursements under 
                the Program, the Commission shall immediately notify--
                          (i) the Committee on Energy and Commerce and 
                      the Committee on Appropriations of the House of 
                      Representatives; and
                          (ii) the Committee on Commerce, Science, and 
                      Transportation and the Committee on Appropriations 
                      of the Senate.
            (6) Removal, replacement, and disposal term.--
                    (A) Deadline.--Except as provided in subparagraphs 
                (B) and (C), the permanent removal, replacement, and 
                disposal of any covered communications equipment or 
                services identified under paragraph (4)(A)(i) shall be 
                completed not later than 1 year after the date on which 
                the Commission distributes reimbursement funds to the 
                recipient.
                    (B) <<NOTE: Time period.>>  General extension.--The 
                Commission may grant an extension of the deadline 
                described in subparagraph (A) for 6 months to all 
                recipients of reimbursements under the Program if the 
                Commission--
                          (i) finds that the supply of replacement 
                      communications equipment or services needed by the 
                      recipients to achieve the purposes of the Program 
                      is inadequate to meet the needs of the recipients; 
                      and
                          (ii) <<NOTE: Notification.>>  provides notice 
                      and a detailed justification for granting the 
                      extension to--
                                    (I) the Committee on Energy and 
                                Commerce of the House of 
                                Representatives; and
                                    (II) the Committee on Commerce, 
                                Science, and Transportation of the 
                                Senate.
                    (C) Individual extension.--
                          (i) Petition.--A recipient of a reimbursement 
                      under the Program may petition the Commission for 
                      an extension for such recipient of the deadline 
                      described in subparagraph (A) or, if the 
                      Commission has granted an extension of such 
                      deadline under subparagraph (B), such deadline as 
                      so extended.
                          (ii) Grant.-- <<NOTE: Time period.>> The 
                      Commission may grant a petition filed under clause 
                      (i) by extending, for the recipient that filed the 
                      petition, the deadline described in subparagraph 
                      (A) or, if the Commission has granted an extension 
                      of such deadline under subparagraph (B), such 
                      deadline as so extended, for a period of not more 
                      than 6 months if the Commission finds that, due to 
                      no fault of such recipient, such recipient is 
                      unable to complete the permanent removal, 
                      replacement, and disposal described in 
                      subparagraph (A).
            (7) Disposal of covered communications equipment or 
        services.-- <<NOTE: Requirements.>> The Commission shall include 
        in the regulations promulgated under subsection (g) requirements 
        for the disposal by a recipient of a reimbursement under the 
        Program of covered communications equipment or services 
        identified under paragraph (4)(A)(i) and removed from the 
        network of the recipient in order to prevent such equipment or 
        services from being used in the networks of providers of 
        advanced communications service.
            (8) Status updates.--

[[Page 131 STAT. 164]]

                    (A) In general.-- <<NOTE: Deadline. Time 
                period.>> Not less frequently than once every 90 days 
                beginning on the date on which the Commission approves 
                an application for a reimbursement under the Program, 
                the recipient of the reimbursement shall submit to the 
                Commission a status update on the work of the recipient 
                to permanently remove, replace, and dispose of the 
                covered communications equipment or services identified 
                under paragraph (4)(A)(i).
                    (B) Public posting.-- <<NOTE: Deadline.>> Not 
                earlier than 30 days after the date on which the 
                Commission receives a status update under subparagraph 
                (A), the Commission shall make such status update public 
                on the website of the Commission.
                    (C) Reports to congress.--Not less frequently than 
                once every 180 days beginning on the date on which the 
                Commission first makes funds available to a recipient of 
                a reimbursement under the Program, the Commission shall 
                prepare and submit to the Committee on Energy and 
                Commerce of the House of Representatives and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate a report on--
                          (i) the implementation of the Program by the 
                      Commission; and
                          (ii) the work by recipients of reimbursements 
                      under the Program to permanently remove, replace, 
                      and dispose of covered communications equipment or 
                      services identified under paragraph (4)(A)(i).

    (e) <<NOTE: Requirements.>>  Measures To Avoid Waste, Fraud, and 
Abuse.--
            (1) In general.--The Commission shall take all necessary 
        steps to avoid waste, fraud, and abuse with respect to the 
        Program.
            (2) Spending reports.--The Commission shall require 
        recipients of reimbursements under the Program to submit to the 
        Commission on a regular basis reports regarding how 
        reimbursement funds have been spent, including detailed 
        accounting of the covered communications equipment or services 
        permanently removed and disposed of, and the replacement 
        equipment or services purchased, rented, leased, or otherwise 
        obtained, using reimbursement funds.
            (3) Audits, reviews, and field investigations.--The 
        Commission shall conduct--
                    (A) regular audits and reviews of reimbursements 
                under the Program to confirm that recipients of such 
                reimbursements are complying with this Act; and
                    (B) random field investigations to ensure that 
                recipients of reimbursements under the Program are 
                performing the work such recipients are required to 
                perform under the commitments made in the applications 
                of such recipients for reimbursements under the Program, 
                including the permanent removal, replacement, and 
                disposal of the covered communications equipment or 
                services identified under subsection (d)(4)(A)(i).
            (4) Final certification.--
                    (A) In general.--The Commission shall require a 
                recipient of a reimbursement under the Program to submit 
                to the Commission, in a form and at an appropriate time 
                to be determined by the Commission, a certification 
                stating that the recipient--

[[Page 131 STAT. 165]]

                          (i) has fully complied with (or is in the 
                      process of complying with) all terms and 
                      conditions of the Program;
                          (ii) has fully complied with (or is in the 
                      process of complying with) the commitments made in 
                      the application of the recipient for the 
                      reimbursement;
                          (iii) has permanently removed from the 
                      communications network of the recipient, replaced, 
                      and disposed of (or is in the process of 
                      permanently removing, replacing, and disposing of) 
                      all covered communications equipment or services 
                      that were in the network of the recipient as of 
                      the date of the submission of the application of 
                      the recipient for the reimbursement; and
                          (iv) has fully complied with (or is in the 
                      process of complying with) the timeline submitted 
                      by the recipient under subparagraph (A)(ii) of 
                      paragraph (4) of subsection (d) and the other 
                      requirements of such paragraph.
                    (B) Updated certification.--If, at the time when a 
                recipient of a reimbursement under the Program submits a 
                certification under subparagraph (A), the recipient has 
                not fully complied as described in clause (i), (ii), or 
                (iv) of such subparagraph or has not completed the 
                permanent removal, replacement, and disposal described 
                in clause (iii) of such subparagraph, the Commission 
                shall require the recipient to file an updated 
                certification when the recipient has fully complied as 
                described in such clause (i), (ii), or (iv) or completed 
                such permanent removal, replacement, and disposal.

    (f) Effect of Removal of Equipment or Service From List.--
            (1) In general.--If, after the date on which a recipient of 
        a reimbursement under the Program submits the application for 
        the reimbursement, any covered communications equipment or 
        service that is in the network of the recipient as of such date 
        is removed from the list published under section 2(a), the 
        recipient may--
                    (A) return to the Commission any reimbursement funds 
                received for the removal, replacement, and disposal of 
                such equipment or service and be released from any 
                requirement under this section to remove, replace, or 
                dispose of such equipment or service; or
                    (B) retain any reimbursement funds received for the 
                removal, replacement, and disposal of such equipment or 
                service and remain subject to the requirements of this 
                section to remove, replace, and dispose of such 
                equipment or service as if such equipment or service 
                continued to be on the list published under section 
                2(a).
            (2) Assurances.--In the case of an assurance relating to the 
        removal, replacement, or disposal of any equipment or service 
        with respect to which the recipient returns to the Commission 
        reimbursement funds under paragraph (1)(A), such assurance may 
        be satisfied by making an assurance that such funds have been 
        returned.

    (g) Rulemaking.-- <<NOTE: Deadline.>> 

[[Page 131 STAT. 166]]

            (1) Commencement.--Not later than 90 days after the date of 
        the enactment of this Act, the Commission shall commence a 
        rulemaking to implement this section.
            (2) Completion.--The Commission shall complete the 
        rulemaking under paragraph (1) not later than 1 year after the 
        date of the enactment of this Act.

    (h) Rule of Construction Regarding Timing of Reimbursement.--Nothing 
in this section shall be construed to prohibit the Commission from 
making a reimbursement under the Program to a provider of advanced 
communications service before the provider incurs the cost of the 
permanent removal, replacement, and disposal of the covered 
communications equipment or service for which the application of the 
provider has been approved under this section.
    (i) Education Efforts.--The Commission shall engage in education 
efforts with providers of advanced communications service to--
            (1) encourage such providers to participate in the Program; 
        and
            (2) assist such providers in submitting applications for the 
        Program.

    (j) Separate From Federal Universal Service Programs.--The Program 
shall be separate from any Federal universal service program established 
under section 254 of the Communications Act of 1934 (47 U.S.C. 254).
SEC. <<NOTE: 47 USC 1604.>>  5. REPORTS ON COVERED COMMUNICATIONS 
                    EQUIPMENT OR SERVICES.

    (a) In General.-- <<NOTE: Time periods.>> Each provider of advanced 
communications service shall submit an annual report to the Commission, 
in a form to be determined by the Commission, regarding whether such 
provider has purchased, rented, leased, or otherwise obtained any 
covered communications equipment or service on or after--
            (1) in the case of any covered communications equipment or 
        service that is on the initial list published under section 
        2(a), August 14, 2018; or
            (2) in the case of any covered communications equipment or 
        service that is not on the initial list published under section 
        2(a), the date that is 60 days after the date on which the 
        Commission places such equipment or service on the list required 
        by such section.

    (b) Rule of Construction.--If a provider of advanced communications 
service certifies to the Commission that such provider does not have any 
covered communications equipment or service in the network of such 
provider, such provider is not required to submit a report under 
subsection (a) after making such certification, unless such provider 
later purchases, rents, leases, or otherwise obtains any covered 
communications equipment or service.
    (c) Justification.--If a provider of advanced communications service 
indicates in a report under subsection (a) that such provider has 
purchased, rented, leased, or otherwise obtained any covered 
communications equipment or service as described in such subsection, 
such provider shall include in such report--
            (1) a detailed justification for such action;
            (2) information about whether such covered communications 
        equipment or service has subsequently been removed and replaced 
        pursuant to section 4; and

[[Page 131 STAT. 167]]

            (3) information about whether such provider plans to 
        continue to purchase, rent, lease, or otherwise obtain, or 
        install or use, such covered communications equipment or service 
        and, if so, why.

    (d) Proceeding.--The Commission shall implement this section as part 
of the rulemaking required by section 4(g).
SEC. <<NOTE: 47 USC 1605.>>  6. 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. <<NOTE: Deadline. Time period.>> The 
Commission may set a deadline to make such a withdrawal that is not 
earlier than the date that is 60 days after the date of the enactment of 
this Act.
SEC. <<NOTE: 47 USC 1606.>>  7. ENFORCEMENT.

    (a) Violations.--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. 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) Additional Penalties.--
            (1) In general.--Except as provided in paragraph (2), in 
        addition to penalties under the Communications Act of 1934, a 
        recipient of a reimbursement under the Program found to have 
        violated section 4, the regulations promulgated under such 
        section, or the commitments made by the recipient in the 
        application for the reimbursement--
                    (A) shall repay to the Commission all reimbursement 
                funds provided to the recipient under the Program;
                    (B) shall be barred from further participation in 
                the Program;
                    (C) shall be referred to all appropriate law 
                enforcement agencies or officials for further action 
                under applicable criminal and civil laws; and
                    (D) may be barred by the Commission from 
                participation in other programs of the Commission, 
                including the Federal universal service support programs 
                established under section 254 of the Communications Act 
                of 1934 (47 U.S.C. 254).
            (2) Notice and opportunity to cure.--The penalties described 
        in paragraph (1) shall not apply to a recipient of a 
        reimbursement under the Program unless--
                    (A) the Commission provides the recipient with 
                notice of the violation; and
                    (B) <<NOTE: Deadline.>>  the recipient fails to cure 
                the violation within 180 days after the Commission 
                provides such notice.

    (c) Recovery of Funds.--The Commission shall immediately take action 
to recover all reimbursement funds awarded to a

[[Page 131 STAT. 168]]

recipient of a reimbursement under the Program in any case in which such 
recipient is required to repay reimbursement funds under subsection 
(b)(1)(A).
SEC. 8. <<NOTE: 47 USC 1607.>>  NTIA PROGRAM FOR PREVENTING FUTURE 
                    VULNERABILITIES.

    (a) <<NOTE: Deadlines.>>  Future Vulnerability Program.--
            (1) Establishment.--Not later than 120 days after the date 
        of the enactment of this Act, including an opportunity for 
        notice and comment, the Assistant Secretary, in cooperation with 
        the Director of National Intelligence, the Director of the 
        Federal Bureau of Investigation, the Secretary of Homeland 
        Security, and the Commission, shall establish a program to share 
        information regarding supply chain security risks with trusted 
        providers of advanced communications service and trusted 
        suppliers of communications equipment or services.
            (2) Activities.--In carrying out the program established 
        under paragraph (1), the Assistant Secretary shall--
                    (A) <<NOTE: Briefings.>>  conduct regular briefings 
                and other events to share information with trusted 
                providers of advanced communications service and trusted 
                suppliers of communications equipment or services;
                    (B) engage with trusted providers of advanced 
                communications service and trusted suppliers of 
                communications equipment or services, in particular such 
                providers and suppliers that--
                          (i) are small businesses; or
                          (ii) primarily serve rural areas;
                    (C) <<NOTE: Plan.>>  not later than 180 days after 
                the date of the enactment of this Act, submit to the 
                Committee on Energy and Commerce of the House of 
                Representatives and the Committee on Commerce, Science, 
                and Transportation of the Senate a plan for--
                          (i) declassifying material, when feasible, to 
                      help share information regarding supply chain 
                      security risks with trusted providers of advanced 
                      communications service and trusted suppliers of 
                      communications equipment or services; and
                          (ii) expediting and expanding the provision of 
                      security clearances to facilitate information 
                      sharing regarding supply chain security risks with 
                      trusted providers of advanced communications 
                      service and trusted suppliers of communications 
                      equipment or services; and
                    (D) ensure that the activities carried out through 
                the program are consistent with and, to the extent 
                practicable, integrated with, ongoing activities of the 
                Department of Homeland Security and the Department of 
                Commerce.
            (3) Scope of program.--The program established under 
        paragraph (1) shall involve only the sharing of information 
        regarding supply chain security risks by the Federal Government 
        to trusted providers of advanced communications service and 
        trusted suppliers of communications equipment or services, and 
        not the sharing of such information by such providers and 
        suppliers to the Federal Government.

    (b) Representation on CSRIC of Interests of Public and Consumers.--

[[Page 131 STAT. 169]]

            (1) <<NOTE: Appointment.>>  In general.--The Commission 
        shall appoint to the Communications Security, Reliability, and 
        Interoperability Council (or any successor thereof), and to each 
        subcommittee, workgroup, or other subdivision of the Council (or 
        any such successor), at least one member to represent the 
        interests of the public and consumers.
            (2) Initial appointments.-- <<NOTE: Deadline.>> The 
        Commission shall make the initial appointments required by 
        paragraph (1) not later than 180 days after the date of the 
        enactment of this Act. Any member so appointed shall be in 
        addition to the members of the Council, or the members of the 
        subdivision of the Council to which the appointment is being 
        made, as the case may be, as of the date of the enactment of 
        this Act.

    (c) Definitions.--In this section:
            (1) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications and 
        Information.
            (2) Foreign adversary.--The term ``foreign adversary'' means 
        any foreign government or foreign nongovernment person engaged 
        in a long-term pattern or serious instances of conduct 
        significantly adverse to the national security of the United 
        States or security and safety of United States persons.
            (3) Supply chain security risk.--The term ``supply chain 
        security risk'' includes specific risk and vulnerability 
        information related to equipment and software.
            (4) Trusted.--The term ``trusted'' means, with respect to a 
        provider of advanced communications service or a supplier of 
        communications equipment or service, that the Assistant 
        Secretary has determined that such provider or supplier is not 
        owned by, controlled by, or subject to the influence of a 
        foreign adversary.
SEC. <<NOTE: 47 USC 1608.>>  9. 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) Appropriate national security agency.--The term 
        ``appropriate national security agency'' means--
                    (A) the Department of Homeland Security;
                    (B) the Department of Defense;
                    (C) the Office of the Director of National 
                Intelligence;
                    (D) the National Security Agency; and
                    (E) the Federal Bureau of Investigation.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) Communications equipment or service.--The term 
        ``communications equipment or service'' means any equipment or 
        service that is essential to the provision of advanced 
        communications service.
            (5) 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).
            (6) Customers.--The term ``customers'' means, with respect 
        to a provider of advanced communications service--

[[Page 131 STAT. 170]]

                    (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.
            (7) Executive branch interagency body.--The term ``executive 
        branch interagency body'' means an interagency body established 
        in the executive branch.
            (8) Person.--The term ``person'' means an individual or 
        entity.
            (9) Program.--The term ``Program'' means the Secure and 
        Trusted Communications Networks Reimbursement Program 
        established under section 4(a).
            (10) Provider of advanced communications service.--The term 
        ``provider of advanced communications service'' means a person 
        who provides advanced communications service to United States 
        customers.
            (11) Recipient.--The term ``recipient'' means any provider 
        of advanced communications service the application of which for 
        a reimbursement under the Program has been approved by the 
        Commission, regardless of whether the provider has received 
        reimbursement funds.
            (12) Reimbursement funds.--The term ``reimbursement funds'' 
        means any reimbursement received under the Program.
SEC. <<NOTE: 47 USC 1609.>>  10. SEVERABILITY.

    If any provision of this Act, or the application of such a provision 
to any person or circumstance, is held to be unconstitutional, the 
remaining provisions of this Act, and the application of such provisions 
to any person or circumstance, shall not be affected thereby.
SEC. 11. DETERMINATION OF BUDGETARY EFFECTS.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that such 
statement has been submitted prior to the vote on passage.

    Approved March 12, 2020.

LEGISLATIVE HISTORY--H.R. 4998:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 116-352 (Comm. on Energy and Commerce).
CONGRESSIONAL RECORD:
                                                        Vol. 165 (2019):
                                    Dec. 16, considered and passed 
                                        House.
                                                        Vol. 166 (2020):
                                    Feb. 27, considered and passed 
                                        Senate.

                                  <all>

Share This