[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1625 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1625

    To promote the deployment of commercial fifth-generation mobile 
 networks and the sharing of information with communications providers 
in the United States regarding security risks to the networks of those 
                   providers, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 22, 2019

   Mr. Wicker (for himself, Mr. Cotton, Mr. Warner, and Mr. Markey) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To promote the deployment of commercial fifth-generation mobile 
 networks and the sharing of information with communications providers 
in the United States regarding security risks to the networks of those 
                   providers, 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 ``United States 5G Leadership Act of 
2019''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) 3GPP.--The term ``3GPP'' means the Third Generation 
        Partnership Project.
            (2) 5G network.--The term ``5G network'' means a fifth-
        generation mobile network as described by 3GPP Release 15 or 
        higher.
            (3) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (B) the Committee on Armed Services of the Senate;
                    (C) the Select Committee on Intelligence of the 
                Senate;
                    (D) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (E) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (F) the Committee on Armed Services of the House of 
                Representatives;
                    (G) the Permanent Select Committee on Intelligence 
                of the House of Representatives; and
                    (H) the Committee on Homeland Security of the House 
                of Representatives.
            (4) 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.
            (5) Cloud computing.--The term ``cloud computing'' has the 
        meaning given the term in Special Publication 800-145 of the 
        National Institute of Standards and Technology, entitled ``The 
        NIST Definition of Cloud Computing'', published September 2011, 
        or any successor publication.
            (6) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (7) Communications network.--The term ``communications 
        network'' means--
                    (A) a system enabling the transmission, between or 
                among points specified by the user, of information of 
                the user's choosing;
                    (B) cloud computing resources; and
                    (C) a network or system used to access cloud 
                computing resources.
            (8) Communications provider.--The term ``communications 
        provider''--
                    (A) means any provider of interstate or 
                international communication by wire or radio; and
                    (B) includes a telecommunications carrier.
            (9) Covered company.--The term ``covered company'' means--
                    (A) Huawei Technologies Co., Limited;
                    (B) Zhongxing Telecommunications Equipment 
                Corporation;
                    (C) a subsidiary or affiliate of a company 
                described in subparagraph (A) or (B);
                    (D) any communications provider domiciled in the 
                People's Republic of China (or a subsidiary or 
                affiliate of such a company), excluding a 
                communications provider that--
                            (i) is domiciled in the People's Republic 
                        of China; and
                            (ii) is a subsidiary of a company that is 
                        not domiciled in the People's Republic of 
                        China; and
                    (E) any entity posing a national security risk.
            (10) Entity posing a national security risk.--The term 
        ``entity posing a national security risk'' means an entity that 
        the Commission determines poses a national security risk under 
        section 4(c).
            (11) Supply chain security trust fund.--The term ``Supply 
        Chain Security Trust Fund'' means the trust fund established 
        under section 6.
            (12) Telecommunications carrier.--The term 
        ``telecommunications carrier'' has the meaning given the term 
        in section 3 of the Communications Act of 1934 (47 U.S.C. 153).
            (13) Trusted supplier.--The term ``trusted supplier'' means 
        a supplier of equipment and services for communications 
        networks that the Secretary of Homeland Security determines 
        would be appropriate to further the purposes of section 8.
            (14) United states communications provider.--The term 
        ``United States communications provider''--
                    (A) means a communications provider domiciled in 
                the United States; and
                    (B) does not include a covered company.

SEC. 3. POLICY STATEMENT ON 5G NETWORK DEPLOYMENT AND SECURITY.

    It is the policy of the United States--
            (1) to promote the timely deployment of robust, secure, and 
        resilient commercial 5G networks;
            (2) to promote the development of the information and 
        communications technology industry of the United States in 
        order to supply technology and equipment to deploy commercial 
        5G networks;
            (3) that the Federal Government should--
                    (A) support but not build or operate 5G networks; 
                and
                    (B) identify additional capacity in the low-bands, 
                mid-bands, and high-bands of the electromagnetic 
                spectrum for licensed and unlicensed use, emphasizing 
                harmonization with global allocations; and
            (4) that communications networks deployed in the United 
        States should not incorporate any hardware or software produced 
        by, or any services offered by--
                    (A) a covered company; or
                    (B) any other company that is subject to 
                extrajudicial direction from a foreign government.

SEC. 4. PROHIBITION OF COMMUNICATIONS EQUIPMENT AND SERVICES POSING 
              NATIONAL SECURITY RISKS.

    (a) Prohibition.--Except as provided in subsection (b)(2), funds 
from a universal service support program established under section 254 
of the Communications Act of 1934 (47 U.S.C. 254) may not be used to 
purchase communications equipment and services from--
            (1) a covered company; or
            (2) any other company that is subject to extrajudicial 
        direction from a foreign government.
    (b) Completion of Pending Proceeding.--
            (1) In general.--Not later than 90 days after the date of 
        enactment of this Act, the Commission shall adopt a Report and 
        Order in the proceeding captioned ``Protecting Against National 
        Security Threats to the Communications Supply Chain Through FCC 
        Programs'' (WC Docket No. 18-89).
            (2) Exemptions.--In implementing paragraph (1), the 
        Commission may exempt types or categories of equipment, 
        services, or components thereof that do not pose an undue risk 
        of sabotage to or subversion of the design, integrity, 
        manufacturing, production, distribution, installation, 
        operation, or maintenance of communications networks in the 
        United States.
    (c) Entities Posing a National Security Risk.--In determining, for 
purposes of subparagraph (E) of the definition of the term ``covered 
company'', which entities are entities posing a national security risk, 
the Commission shall rely solely upon a determination made--
            (1) by--
                    (A) an appropriate national security agency;
                    (B) an interagency body that includes appropriate 
                national security expertise, including the Federal 
                Acquisition Security Council established under section 
                1322 of title 41, United States Code; or
                    (C) Congress; or
            (2) under Executive Order 13873 (84 Fed. Reg. 22689; 
        relating to securing the information and communications 
        technology and services supply chain) or any implementing 
        regulations.

SEC. 5. EQUIPMENT REPLACEMENT GRANTS.

    (a) In General.--The Commission shall make grants to United States 
communications providers using amounts--
            (1) made available from the Supply Chain Security Trust 
        Fund; or
            (2) borrowed under subsection (d) of this section.
    (b) Equipment To Be Replaced.--Amounts from a grant under 
subsection (a)--
            (1) may be used only to replace communications equipment 
        and services obtained from a covered company or another entity 
        posing a national security risk, under such terms and 
        conditions as the Commission shall establish; and
            (2) may not be used to replace any equipment purchased on 
        or after August 14, 2018.
    (c) Grant Eligibility.--
            (1) In general.--A communications provider with not more 
        than 6,000,000 customers shall be eligible to receive a grant 
        under subsection (a).
            (2) Definition of customer.--For purposes of paragraph (1), 
        the term ``customer'', with respect to a communications 
        provider, means the United States customers of--
                    (A) the communications provider; or
                    (B) any parent, subsidiary, or affiliate of the 
                communications provider.
    (d) Borrowing Authority.--
            (1) In general.--Prior to the deposit of funds into the 
        Supply Chain Security Trust Fund, the Commission may borrow 
        from the Treasury such sums as may be necessary, but not to 
        exceed the amount specified in section 6(b)(1), to implement 
        this section.
            (2) Reimbursement.--The Commission shall reimburse the 
        Treasury for any amounts borrowed under paragraph (1), without 
        interest, from funds deposited into the Supply Chain Security 
        Trust Fund.

SEC. 6. SUPPLY CHAIN SECURITY TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a trust fund to be known as the ``Supply Chain Security 
Trust Fund''.
    (b) Use of Fund.--As amounts are deposited into the Supply Chain 
Security Trust Fund, such amounts shall be used to make the following 
deposits or payments:
            (1) Repayment of amount borrowed for equipment 
        replacement.--An amount not to exceed $700,000,000 shall be 
        available to the Commission to reimburse the general fund of 
        the Treasury for any amounts borrowed under section 5.
            (2) Equipment replacement.--$700,000,000, reduced by the 
        amount borrowed under section 5, shall be available to the 
        Commission to carry out that section.
    (c) Deposits Into Fund.--Section 309(j)(8) of the Communications 
Act of 1934 (47 U.S.C. 309(j)(8)) is amended--
            (1) in subparagraph (A), by striking ``and (G)'' and 
        inserting ``(G), and (H)'';
            (2) in subparagraph (C)(i), by striking ``and (G)'' and 
        inserting ``(G), and (H)''; and
            (3) by adding at the end the following:
                    ``(H) Certain proceeds designated for supply chain 
                security trust fund.--Notwithstanding subparagraph (A) 
                and except as provided in subparagraph (B), the 
                proceeds (including deposits and upfront payments from 
                successful bidders), not to exceed $700,000,000, from 
                the use of a system of competitive bidding under this 
                subsection shall be deposited in the Supply Chain 
                Security Trust Fund established under section 6 of the 
                United States 5G Leadership Act of 2019.''.

SEC. 7. REPORT ON DEPLOYMENT AND AVAILABILITY OF 5G NETWORKS.

    (a) In General.--Not later than 180 days after the date of 
enactment of this Act, and biennially thereafter, the Assistant 
Secretary of Commerce for Communications and Information, in 
consultation with the Secretary of Homeland Security, the Chairman of 
the Commission, the Secretary of Defense, and the Director of National 
Intelligence, after providing notice and an opportunity for public 
comment, shall submit to the appropriate congressional committees a 
report that identifies--
            (1) steps to ensure the secure deployment and availability 
        of 5G networks, with a particular focus on the threat posed by 
        equipment and services produced or provided by covered 
        companies; and
            (2) any new statutory authority required to ensure the 
        security of 5G networks in the United States.

SEC. 8. INFORMATION SHARING WITH COMMUNICATIONS PROVIDERS AND TRUSTED 
              SUPPLIERS.

    (a) Establishment of Joint Program.--Not later than 90 days after 
the date of enactment of this Act, the Secretary of Homeland Security, 
in consultation with the Director of National Intelligence, the 
Director of the Federal Bureau of Investigation, the Secretary of 
Commerce, and the Chairman of the Commission, shall establish a joint 
program to share information regarding security, risks, and 
vulnerabilities with United States communication providers and trusted 
suppliers.
    (b) Duties of Program.--The program established under subsection 
(a) shall--
            (1) conduct regular briefings and other events to share 
        information with United States communications providers and 
        trusted suppliers;
            (2) prioritize engagement with communications providers 
        that--
                    (A) are small businesses; or
                    (B) primarily serve rural areas;
            (3) as determined appropriate by the Secretary of Homeland 
        Security, facilitate information sharing with United States 
        communications providers and trusted suppliers by providing 
        temporary security clearances to selected citizens of the 
        United States;
            (4) develop recommendations for United States 
        communications providers to better secure their networks; and
            (5) as determined appropriate by the Commission, in 
        consultation with the Assistant Secretary of Commerce for 
        Communications and Information, convene a working group of 
        communications providers to engage in regular briefings and 
        other events regarding national security risks posed to 
        communications networks.

SEC. 9. PROMOTING UNITED STATES LEADERSHIP IN COMMUNICATIONS STANDARDS-
              SETTING BODIES.

    (a) In General.--The Secretary of State, the Secretary of Commerce, 
and the Chairman of the Commission shall prioritize the use of Federal 
funds to enhance representation of the United States at international 
forums that set standards for 5G networks and for future generations of 
wireless communications networks, including--
            (1) the International Telecommunication Union (commonly 
        known as ``ITU'');
            (2) the International Organization for Standardization 
        (commonly known as ``ISO''); and
            (3) the voluntary standards organizations that develop 
        protocols for wireless devices and other equipment, such as the 
        3GPP and the Institute of Electrical and Electronics Engineers.
    (b) Briefing.--Not later than 60 days after the date of enactment 
of this Act, the Secretary of State, the Secretary of Commerce, and the 
Chairman of the Commission shall brief the Committee on Commerce, 
Science, and Transportation of the Senate, the Select Committee on 
Intelligence of the Senate, the Committee on Energy and Commerce of the 
House of Representatives, and the Permanent Select Committee on 
Intelligence of the House of Representatives on a strategy to carry out 
subsection (a).
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