[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3585-S3587]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2197. Mr. RUBIO (for himself and Mr. Warner) submitted an
amendment intended to be proposed by him to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of title X, add the following:
Subtitle H--Use of Spectrum Auction Proceeds to Support Supply Chain
Innovation and Multilateral Security
SEC. 1091. DEFINITIONS.
In this subtitle:
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(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 Committee on Appropriations of the Senate;
(G) the Permanent Select Committee on Intelligence of the
House of Representatives;
(H) the Committee on Foreign Affairs of the House of
Representatives;
(I) the Committee on Homeland Security of the House of
Representatives;
(J) the Committee on Armed Services of the House of
Representatives;
(K) the Committee on Energy and Commerce of the House of
Representatives; and
(L) the Committee on Appropriations of the House of
Representatives.
SEC. 1092. 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 $100,000,000.
(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
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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. 1093. 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).
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