[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3189 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3189

    To use proceeds from spectrum auctions to support supply chain 
                 innovation and multilateral security.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 14, 2020

Mr. Warner (for himself, Mr. Burr, Mr. Rubio, Mr. Menendez, Mr. Cornyn, 
and Mr. Bennet) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
    To use proceeds from spectrum auctions to support supply chain 
                 innovation and multilateral security.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. DEFINITIONS.

    In this Act:
            (1) 3GPP.--The term ``3GPP'' means the Third Generation 
        Partnership Project.
            (2) 5G network.--The term ``5G network'' means a radio 
        network as described by 3GPP Release 15 or higher.
            (3) Commission.--The term ``Commission'' means the Federal 
        Communications Commission.
            (4) NTIA administrator.--The term ``NTIA Administrator'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
            (5) O-RAN.--The term ``O-RAN'' means the Open Radio Access 
        Network approach to standardization adopted by the O-RAN 
        Alliance, Telecom Infra Project, or 3GPP, or any similar set of 
        open standards for multi-vendor network equipment 
        interoperability.
            (6) Relevant committees of congress.--The term ``relevant 
        committees of Congress'' means--
                    (A) the Select Committee on Intelligence of the 
                Senate;
                    (B) the Committee on Foreign Relations of the 
                Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Armed Services of the Senate;
                    (E) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (F) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (G) the Committee on Foreign Affairs of the House 
                of Representatives;
                    (H) the Committee on Homeland Security of the House 
                of Representatives;
                    (I) the Committee on Armed Services of the House of 
                Representatives; and
                    (J) the Committee on Energy and Commerce of the 
                House of Representatives.

SEC. 2. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.

    (a) Use of Spectrum Auction Proceeds.--Notwithstanding section 
309(j)(8)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(A)) 
or any other provision of law, with respect to any proceeds from the 
use of a competitive bidding system by the Commission to grant a 
license, permit, or other rights for the use of electromagnetic 
spectrum during the 5-year period beginning on the date of this Act 
that would otherwise be deposited in the Treasury, the Commission shall 
deposit--
            (1) 5 percent of the proceeds or $750,000,000, whichever is 
        greater, in the Public Wireless Supply Chain Innovation Fund 
        established under subsection (b) of this section; and
            (2) $500,000,000 in the Multilateral Telecommunications 
        Security Fund established under subsection (c) of this section.
    (b) Public Wireless Supply Chain Innovation Fund.--
            (1) Establishment.--
                    (A) In general.--There is established in the 
                Treasury of the United States a trust fund to be known 
                as the ``Public Wireless Supply Chain Innovation Fund'' 
                (referred to in this subsection as the ``R&D Fund'').
                    (B) Availability.--
                            (i) In general.--Amounts deposited in the 
                        R&D Fund shall remain available through the end 
                        of the tenth fiscal year beginning after the 
                        date of enactment of this Act.
                            (ii) Remainder to treasury.--Any amounts 
                        remaining in the R&D Fund after the end of the 
                        tenth fiscal year beginning after the date of 
                        enactment of this Act shall be deposited in the 
                        general fund of the Treasury.
            (2) Borrowing authority.--
                    (A) In general.--The NTIA Administrator may borrow 
                from the Treasury of the United States an amount not to 
                exceed $750,000,000 to use for grants under this 
                subsection.
                    (B) Deposit of funds.--Any amounts borrowed under 
                subparagraph (A) shall be deposited in the R&D Fund.
            (3) Use of fund.--
                    (A) Grants.--
                            (i) In general.--Except as provided in 
                        subparagraph (B), amounts deposited in the R&D 
                        Fund shall be available to the NTIA 
                        Administrator to make grants under this 
                        subsection in such amounts as the NTIA 
                        Administrator determines appropriate, subject 
                        to clause (ii) of this subparagraph.
                            (ii) Limitation on grant amounts.--The 
                        amount of a grant awarded under this subsection 
                        to a recipient for a specific research focus 
                        area may not exceed $20,000,000.
                    (B) Reimbursement of treasury.--As proceeds are 
                deposited in the R&D Fund under subsection (a)(1), the 
                Commission shall first use those proceeds to reimburse 
                the general fund of the Treasury for any amounts 
                borrowed under paragraph (2)(A) of this subsection.
            (4) Administration of fund.--The NTIA Administrator, in 
        consultation with the Commission, the Director of the National 
        Institute of Standards and Technology, the Secretary of 
        Homeland Security, the Director of the Defense Advanced 
        Research Projects Agency (commonly known as ``DARPA''), and the 
        Director of the Intelligence Advanced Research Projects 
        Activity of the Office of the Director of National 
        Intelligence, shall establish criteria for grants awarded under 
        this subsection, and administer the R&D Fund, to support 
        research and the commercial application of that research, 
        including in the following areas:
                    (A) Promoting the development of technology, 
                including software, hardware, and microprocessing 
                technology, that will enhance competitiveness in the 
                fifth-generation (commonly known as ``5G'') and 
                successor wireless technology supply chains.
                    (B) Accelerating development and deployment of open 
                interface standards-based compatible, interoperable 
                equipment, such as equipment developed pursuant to the 
                standards set forth by organizations such as the O-RAN 
                Alliance, the Telecom Infra Project, 3GPP, the O-RAN 
                Software Community, or any successor organizations.
                    (C) Promoting compatibility of new 5G equipment 
                with future open standards-based, interoperable 
                equipment.
                    (D) Managing integration of multi-vendor network 
                environments.
                    (E) Objective criteria to define equipment as 
                compliant with open standards for multi-vendor network 
                equipment interoperability.
                    (F) Promoting development and inclusion of security 
                features enhancing the integrity and availability of 
                equipment in multi-vendor networks.
                    (G) Promoting the application of network function 
                virtualization to facilitate multi-vendor 
                interoperability and a more diverse vendor market.
            (5) Timing.--Not later than 1 year after the date of 
        enactment of this Act, the NTIA Administrator shall begin 
        awarding grants under this subsection.
            (6) Federal advisory body.--
                    (A) Establishment.--The NTIA Administrator shall 
                establish a Federal advisory committee, in accordance 
                with the Federal Advisory Committee Act (5 U.S.C. 
                App.), composed of government and private sector 
                experts, to advise the NTIA Administrator on the 
                administration of the R&D Fund.
                    (B) Composition.--The advisory committee 
                established under subparagraph (A) shall be composed 
                of--
                            (i) representatives from--
                                    (I) the Commission;
                                    (II) the Defense Advanced Research 
                                Projects Administration;
                                    (III) the Intelligence Advanced 
                                Research Projects Activity of the 
                                Office of the Director of National 
                                Intelligence;
                                    (IV) the National Institute of 
                                Standards and Technology;
                                    (V) the Department of State;
                                    (VI) the National Science 
                                Foundation; and
                                    (VII) the Department of Homeland 
                                Security; and
                            (ii) other representatives from the private 
                        and public sectors, at the discretion of the 
                        NTIA Administrator.
                    (C) Duties.--The advisory committee established 
                under subparagraph (A) shall advise the NTIA 
                Administrator on technology developments to help 
                inform--
                            (i) the strategic direction of the R&D 
                        Fund; and
                            (ii) efforts of the Federal Government to 
                        promote a more secure, diverse, sustainable, 
                        and competitive supply chain.
            (7) Reports to congress.--
                    (A) Initial report.--Not later than 180 days after 
                the date of enactment of this Act, the NTIA 
                Administrator shall submit to the relevant committees 
                of Congress a report with--
                            (i) additional recommendations on promoting 
                        the competitiveness and sustainability of 
                        trusted suppliers in the wireless supply chain; 
                        and
                            (ii) any additional authorities needed to 
                        facilitate the timely adoption of open 
                        standards-based equipment, including authority 
                        to provide loans, loan guarantees, and other 
                        forms of credit extension that would maximize 
                        the use of designated funds.
                    (B) Annual report.--For each fiscal year for which 
                amounts in the R&D Fund are available under this 
                subsection, the NTIA Administrator shall submit to 
                Congress a report that--
                            (i) describes how, and to whom, amounts in 
                        the R&D Fund have been deployed;
                            (ii) details the progress of the NTIA 
                        Administrator in meeting the objectives 
                        described in paragraph (4); and
                            (iii) includes any additional information 
                        that the NTIA Administrator determines 
                        appropriate.
    (c) Multilateral Telecommunications Security Fund.--
            (1) Establishment of fund.--
                    (A) In general.--There is established in the 
                Treasury of the United States a trust fund to be known 
                as the ``Multilateral Telecommunications Security 
                Fund''.
                    (B) Use of fund.--Amounts deposited in the 
                Multilateral Telecommunications Security Fund shall be 
                available to the Secretary of State to make 
                expenditures under this subsection in such amounts as 
                the Secretary of State determines appropriate.
                    (C) Availability.--
                            (i) In general.--Amounts deposited in the 
                        Multilateral Telecommunications Security Fund--
                                    (I) shall remain available through 
                                the end of the tenth fiscal year 
                                beginning after the date of enactment 
                                of this Act; and
                                    (II) may only be allocated upon the 
                                Secretary of State reaching an 
                                agreement with foreign government 
                                partners to participate in the common 
                                funding mechanism described in 
                                paragraph (2).
                            (ii) Remainder to treasury.--Any amounts 
                        remaining in the Multilateral 
                        Telecommunications Security Fund after the end 
                        of the tenth fiscal year beginning after the 
                        date of enactment of this Act shall be 
                        deposited in the general fund of the Treasury.
            (2) Administration of fund.--The Secretary of State, in 
        consultation with the NTIA Administrator, the Secretary of 
        Homeland Security, the Secretary of the Treasury, the Director 
        of National Intelligence, and the Commission, shall establish a 
        common funding mechanism, in coordination with foreign 
        partners, that uses amounts from the Multilateral 
        Telecommunications Security Fund to support the development and 
        adoption of secure and trusted telecommunications technologies.
            (3) Annual report to congress.--Not later than 1 year after 
        the date of enactment of this Act, and annually thereafter for 
        each fiscal year during which amounts in the Multilateral 
        Telecommunications Security Fund are available, the Secretary 
        of State shall submit to the relevant committees of Congress a 
        report on the status and progress of the funding mechanism 
        established under paragraph (2), including--
                    (A) any funding commitments from foreign partners, 
                including each specific amount committed;
                    (B) governing criteria for use of the Multilateral 
                Telecommunications Security Fund;
                    (C) an account of--
                            (i) how, and to whom, funds have been 
                        deployed;
                            (ii) amounts remaining in the Multilateral 
                        Telecommunications Security Fund; and
                            (iii) the progress of the Secretary of 
                        State in meeting the objective described in 
                        paragraph (2); and
                    (D) additional authorities needed to enhance the 
                effectiveness of the Multilateral Telecommunications 
                Security Fund in achieving the security goals of the 
                United States.

SEC. 3. PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL 
              ORGANIZATIONS AND COMMUNICATIONS STANDARDS-SETTING 
              BODIES.

    (a) In General.--The Secretary of State, the Secretary of Commerce, 
and the Chairman of the Commission, or their designees, 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'');
            (3) the Inter-American Telecommunications Commission 
        (commonly known as ``CITEL''); and
            (4) 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 
        (commonly known as ``IEEE'').
    (b) Annual Report.--The Secretary of State, the Secretary of 
Commerce, and the Chairman of the Commission shall jointly submit to 
the relevant committees of Congress an annual report on the progress 
made under subsection (a).

SEC. 4. HARMONIZATION.

    Without unduly constraining the leadership of the United States in 
spectrum allocations and services, to the extent practicable and 
consistent with other provisions of law, the Commission and the NTIA 
Administrator shall seek to harmonize new spectrum allocations with 
global spectrum allocations that can be used for deployment of 5G 
networks or successor technologies to--
            (1) ensure international coordination of policies;
            (2) promote greater economies of scale in the domestic and 
        international market for secure and resilient communications 
        network equipment; and
            (3) incentivize more efficient use of spectrum.

SEC. 5. COMPATIBILITY WITH OPEN NETWORK ARCHITECTURES.

    (a) Development of Criteria.--
            (1) In general.--The Commission shall establish a 
        requirement, as part of the equipment authorization program of 
        the Commission, to obtain a certification that advanced mobile 
        network equipment is in compliance with O-RAN network 
        architectures.
            (2) Private sector testing and certification.--A 
        certification described in paragraph (1) may be obtained 
        through appropriate private sector testing and certification 
        programs.
            (3) Independent testing laboratories.--The Commission, in 
        consultation with the National Institute of Standards and 
        Technology, may establish qualifications for independent 
        testing laboratories to certify compliance of advanced mobile 
        network equipment under paragraph (1).
    (b) Condition on Funding.--The Commission may not provide any 
amounts to support the purchase of 5G network equipment to replace 
unsecure equipment or services provided by any company posing a 
national security threat to integrity of communications networks or the 
communications supply chain, as identified by the Commission through 
the process under section 54.9 of title 47, Code of Federal 
Regulations, unless the recipient submits to the Commission a plan to 
begin, within 7 years, to transition to open standards-based compatible 
equipment, such as equipment developed pursuant to the standards set 
forth by organizations such as the O-RAN Alliance, the Telecom Infra 
Project, 3GPP, or any successor organizations, to ensure forward 
compatibility and open, multi-vendor network equipment 
interoperability.
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