[Congressional Record Volume 165, Number 203 (Monday, December 16, 2019)]
[House]
[Pages H10282-H10286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SECURE AND TRUSTED COMMUNICATIONS NETWORKS ACT OF 2019

  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I move to suspend 
the rules and pass the bill (H.R. 4998), to prohibit certain Federal 
loans, grants, and 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4998

       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 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--

[[Page H10283]]

       (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

[[Page H10284]]

     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

[[Page H10285]]

     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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Pennsylvania (Mr. Michael F. Doyle) and the gentleman from Ohio (Mr. 
Latta) each will control 20 minutes.
  The Chair recognizes the gentleman from Pennsylvania.


                             General Leave

  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I ask unanimous 
consent that all Members have 5 legislative days in which to revise and 
extend their remarks and include extraneous material on H.R. 4998.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Pennsylvania?
  There was no objection.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself as 
much time as I may consume.
  Mr. Speaker, first off, I want to thank Chairman Pallone and Ranking 
Member Walden and their staffs for their dedication and working 
together to come to an agreement on this legislation and bringing it to 
the House floor today.
  Today, the House will consider H.R. 4998, the Secure and Trusted 
Communications Networks Act, introduced by Chairman Pallone and Ranking 
Member Walden. This bill would prohibit the use of Federal funds and 
FCC universal service programs for the purchase and use of 
telecommunications equipment which poses significant risks to national 
security. It would also authorize the creation of a program to enable 
telecommunications service providers to remove and replace untrusted 
telecom equipment.
  It has become clear that untrusted equipment in U.S. 
telecommunications networks poses an unacceptable threat to our 
national security, and I am very happy that we were able to come 
together to address this serious issue.
  Small broadband providers in mostly rural parts of our country have 
turned, understandably, to the cheapest option they could find to 
provide service. All too often, that has been Chinese equipment 
provided by Huawei or ZTE. These companies have been propped up and 
supported by the Chinese Government as a way of expanding Chinese 
influence and gaining a foothold for the Chinese Government in the 
networks of foreign nations.
  We are coming together today to say that the risks posed by this 
equipment are simply not acceptable to our country or to anyone who 
uses these networks. Increasingly, all aspects of our economy, civil 
discourse, and culture run over the internet, and giving a foothold to 
those who might do us harm is a risk we can no longer afford.
  What is frustrating is that large telecom providers knew the dangers

[[Page H10286]]

posed by the equipment from companies like Huawei and ZTE years ago 
because of warnings inside our government. But smaller providers didn't 
get the same heads-up by our government, and when confronted with 
rumors about untrusted equipment and the certainty of their bottom 
lines, they went with their bottom line.
  My hope is that this legislation can help these folks address the 
threat posed by this untrusted equipment in an expeditious fashion. 
This bill should signal to our allies and partners around the world 
that network security must be a priority as we enter a new generation 
of communication capabilities.
  I am proud of the bipartisan work of my colleagues on the Energy and 
Commerce Committee to advance this legislation to the floor today. I 
especially want to acknowledge the important contributions Subcommittee 
Vice Chair Doris Matsui made to put this bill together and move it 
through the legislative process.
  I support this bill, and I urge my colleagues to do the same.
  Mr. Speaker, I reserve the balance of my time.
  Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 4998, the Secure and Trusted 
Communications Networks Act.
  We must protect our critical communications infrastructure from 
vulnerabilities, and today we are taking further steps to remove 
suspected equipment from our networks and ensure its overall security 
going forward.
  This bill takes into account important concerns we have heard from 
small, rural providers that were previously unaware of possible 
security risks when selecting vendors and making purchasing decisions. 
H.R. 4998 will help fix this information gap by ensuring they have 
access to the information they need to keep their networks and 
Americans secure.
  It should not matter where you are trying to connect, whether you are 
in rural America or anywhere else. We must ensure the entire 
communications system is protected from bad actors.
  Mr. Speaker, I have no other speakers. I urge my colleagues to 
support H.R. 4998, and I yield back the balance of my time.
  Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, I yield myself 
such time as I may consume.
  Mr. Speaker, I cannot reiterate enough how important it is that we 
pass this legislation and address this critical weakness in our 
Nation's telecommunications infrastructure.
  This legislation came about through the hard work of the majority 
staff and the minority staff of the Energy and Commerce Committee. In 
particular, I would like to thank Gerry Leverich, Phil Murphy, Dan 
Miller, AJ Brown, Parul Desai, and Alex Hoehn-Saric of the majority 
staff, and Kate O'Connor, Evan Viau, and Rachel Rathore on the minority 
staff for their hard work and diligence to get this bill to the floor.
  Mr. Speaker, I urge my colleagues to support this bill, and I yield 
back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Pennsylvania (Mr. Michael F. Doyle) that the House 
suspend the rules and pass the bill, H.R. 4998, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  The title of the bill was amended so as to read: ``A bill 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.''.
  A motion to reconsider was laid on the table.

                          ____________________