[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4998 Enrolled Bill (ENR)]

        H.R.4998

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty


                                 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.

    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 ``Secure and Trusted 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) 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, 
    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.--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. 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.--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 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. 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) 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) 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 
            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) 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 the 
            Commission determines that, because an excessive number of 
            applications have been filed at one time, the Commission 
            needs additional time for 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.--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) 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) 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) 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) 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 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) 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) 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.--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.--
    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.--
            (A) In general.--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.--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) 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--
                (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.--
        (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. 5. REPORTS ON COVERED COMMUNICATIONS EQUIPMENT OR SERVICES.
    (a) In General.--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
        (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. 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. 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. 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) 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 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. NTIA PROGRAM FOR PREVENTING FUTURE VULNERABILITIES.
    (a) 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) 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) 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.--
        (1) 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.--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. 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--
            (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. 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.