    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-124
    116th Congress

    An Act

    To prohibit certain Federal subsidies from being used to purchase
    communications equipment or services posing national security risks, to
    provide for the establishment of a reimbursement program for the
    replacement of communications equipment or services posing such risks,
    and for other purposes. <>

    Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled, <>
    SECTION 1. <>  SHORT TITLE.

    This Act may be cited as the ``Secure and Trusted Communications
    Networks Act of 2019''.
    SEC. 2. <>  DETERMINATION OF COMMUNICATIONS
    EQUIPMENT OR SERVICES POSING NATIONAL SECURITY
    RISKS.

    (a) Publication of Covered Communications Equipment or Services
    List.-- <> Not later than 1 year after the
    date of the enactment of this Act, the Commission shall publish on its
    website a list of covered communications equipment or services.

    (b) Publication by Commission.--The Commission shall place on the
    list published under subsection (a) any communications equipment or
    service, if and only if such equipment or service--
    (1) is produced or provided by any entity, if, based
    exclusively on the determinations described in paragraphs (1)
    through (4) of subsection (c), such equipment or service
    produced or provided by such entity poses an unacceptable risk
    to the national security of the United States or the security
    and safety of United States persons; and
    (2) is capable of--
    (A) routing or redirecting user data traffic or
    permitting visibility into any user data or packets that
    such equipment or service transmits or otherwise
    handles;
    (B) causing the network of a provider of advanced
    communications service to be disrupted remotely; or
    (C) otherwise posing an unacceptable risk to the
    national security of the United States or the security
    and safety of United States persons.

    (c) Reliance on Certain Determinations.--In taking action under
    subsection (b)(1), the Commission shall place on the list any
    communications equipment or service that poses an unacceptable risk to
    the national security of the United States or the security and safety of
    United States persons based solely on one or more of the following
    determinations:
    (1) A specific determination made by any executive branch
    interagency body with appropriate national security expertise,

    [[Page 159]]

    including the Federal Acquisition Security Council established
    under section 1322(a) of title 41, United States Code.
    (2) A specific determination made by the Department of
    Commerce pursuant to Executive Order No. 13873 (84 Fed. Reg.
    22689; relating to securing the information and communications
    technology and services supply chain).
    (3) The communications equipment or service being covered
    telecommunications equipment or services, as defined in section
    889(f)(3) of the John S. McCain National Defense Authorization
    Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1918).
    (4) A specific determination made by an appropriate national
    security agency.

    (d) Updating of List.--
    (1) In general.--The Commission shall periodically update
    the list published under subsection (a) to address changes in
    the determinations described in paragraphs (1) through (4) of
    subsection (c).
    (2) Monitoring of determinations.--The Commission shall
    monitor the making or reversing of the determinations described
    in paragraphs (1) through (4) of subsection (c) in order to
    place additional communications equipment or services on the
    list published under subsection (a) or to remove communications
    equipment or services from such list. If a determination
    described in any such paragraph that provided the basis for a
    determination by the Commission under subsection (b)(1) with
    respect to any communications equipment or service is reversed,
    the Commission shall remove such equipment or service from such
    list, except that the Commission may not remove such equipment
    or service from such list if any other determination described
    in any such paragraph provides a basis for inclusion on such
    list by the Commission under subsection (b)(1) with respect to
    such equipment or service.
    (3) Public notification.-- <> For each
    12-month period during which the list published under subsection
    (a) is not updated, the Commission shall notify the public that
    no updates were necessary during such period to protect national
    security or to address changes in the determinations described
    in paragraphs (1) through (4) of subsection (c).
    SEC. <>  3. PROHIBITION ON USE OF CERTAIN
    FEDERAL SUBSIDIES.

    (a) In General.--
    (1) Prohibition.--A Federal subsidy that is made available
    through a program administered by the Commission and that
    provides funds to be used for the capital expenditures necessary
    for the provision of advanced communications service may not be
    used to--
    (A) purchase, rent, lease, or otherwise obtain any
    covered communications equipment or service; or
    (B) maintain any covered communications equipment or
    service previously purchased, rented, leased, or
    otherwise obtained.
    (2) Timing.-- <> Paragraph (1) shall apply with respect to any covered
    communications equipment or service beginning on the date that
    is 60 days after the date on which the Commission places such
    equipment or service on the list required by section 2(a). In
    the case of any covered communications equipment or service that
    is on the initial list published under such section,

    [[Page 160]]

    such equipment or service shall be treated as being placed on
    the list on the date on which such list is published.

    (b) Completion of Proceeding.-- <> Not later than
    180 days after the date of the enactment of this Act, the Commission
    shall adopt a Report and Order to implement subsection (a). If the
    Commission has, before the date of the enactment of this Act, taken
    action that in whole or in part implements subsection (a), the
    Commission is not required to revisit such action, but only to the
    extent such action is consistent with this section.
    SEC. <>  4. SECURE AND TRUSTED COMMUNICATIONS
    NETWORKS REIMBURSEMENT PROGRAM.

    (a) In General.--The Commission shall establish a reimbursement
    program, to be known as the ``Secure and Trusted Communications Networks
    Reimbursement Program'', to make reimbursements to providers of advanced
    communications service to replace covered communications equipment or
    services.
    (b) Eligibility.--The Commission may not make a reimbursement under
    the Program to a provider of advanced communications service unless the
    provider--
    (1) has 2,000,000 or fewer customers; and
    (2) makes all of the certifications required by subsection
    (d)(4).

    (c) Use of Funds.--
    (1) In general.--A recipient of a reimbursement under the
    Program shall use reimbursement funds solely for the purposes
    of--
    (A) <> permanently removing
    covered communications equipment or services purchased,
    rented, leased, or otherwise obtained before--
    (i) in the case of any covered communications
    equipment or services that are on the initial list
    published under section 2(a), August 14, 2018; or
    (ii) in the case of any covered communications
    equipment or services that are not on the initial
    list published under section 2(a), the date that
    is 60 days after the date on which the Commission
    places such equipment or services on the list
    required by such section;
    (B) replacing the covered communications equipment
    or services removed as described in subparagraph (A)
    with communications equipment or services that are not
    covered communications equipment or services; and
    (C) disposing of the covered communications
    equipment or services removed as described in
    subparagraph (A) in accordance with the requirements
    under subsection (d)(7).
    (2) Limitations.--A recipient of a reimbursement under the
    Program may not--
    (A) <> use reimbursement funds
    to remove, replace, or dispose of any covered
    communications equipment or service purchased, rented,
    leased, or otherwise obtained on or after--
    (i) in the case of any covered communications
    equipment or service that is on the initial list
    published under section 2(a), August 14, 2018; or
    (ii) in the case of any covered communications
    equipment or service that is not on the initial
    list

    [[Page 161]]

    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

    [[Page 162]]

    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

    [[Page 163]]

    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.--

    [[Page 164]]

    (A) In general.-- <> Not less frequently than once every 90 days
    beginning on the date on which the Commission approves
    an application for a reimbursement under the Program,
    the recipient of the reimbursement shall submit to the
    Commission a status update on the work of the recipient
    to permanently remove, replace, and dispose of the
    covered communications equipment or services identified
    under paragraph (4)(A)(i).
    (B) Public posting.-- <> Not
    earlier than 30 days after the date on which the
    Commission receives a status update under subparagraph
    (A), the Commission shall make such status update public
    on the website of the Commission.
    (C) Reports to congress.--Not less frequently than
    once every 180 days beginning on the date on which the
    Commission first makes funds available to a recipient of
    a reimbursement under the Program, the Commission shall
    prepare and submit to the Committee on Energy and
    Commerce of the House of Representatives and the
    Committee on Commerce, Science, and Transportation of
    the Senate a report on--
    (i) the implementation of the Program by the
    Commission; and
    (ii) the work by recipients of reimbursements
    under the Program to permanently remove, replace,
    and dispose of covered communications equipment or
    services identified under paragraph (4)(A)(i).

    (e) <>  Measures To Avoid Waste, Fraud, and
    Abuse.--
    (1) In general.--The Commission shall take all necessary
    steps to avoid waste, fraud, and abuse with respect to the
    Program.
    (2) Spending reports.--The Commission shall require
    recipients of reimbursements under the Program to submit to the
    Commission on a regular basis reports regarding how
    reimbursement funds have been spent, including detailed
    accounting of the covered communications equipment or services
    permanently removed and disposed of, and the replacement
    equipment or services purchased, rented, leased, or otherwise
    obtained, using reimbursement funds.
    (3) Audits, reviews, and field investigations.--The
    Commission shall conduct--
    (A) regular audits and reviews of reimbursements
    under the Program to confirm that recipients of such
    reimbursements are complying with this Act; and
    (B) random field investigations to ensure that
    recipients of reimbursements under the Program are
    performing the work such recipients are required to
    perform under the commitments made in the applications
    of such recipients for reimbursements under the Program,
    including the permanent removal, replacement, and
    disposal of the covered communications equipment or
    services identified under subsection (d)(4)(A)(i).
    (4) Final certification.--
    (A) In general.--The Commission shall require a
    recipient of a reimbursement under the Program to submit
    to the Commission, in a form and at an appropriate time
    to be determined by the Commission, a certification
    stating that the recipient--

    [[Page 165]]

    (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.-- <>

    [[Page 166]]

    (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

    [[Page 167]]

    (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

    [[Page 168]]

    recipient of a reimbursement under the Program in any case in which such
    recipient is required to repay reimbursement funds under subsection
    (b)(1)(A).
    SEC. 8. <>  NTIA PROGRAM FOR PREVENTING FUTURE
    VULNERABILITIES.

    (a) <>  Future Vulnerability Program.--
    (1) Establishment.--Not later than 120 days after the date
    of the enactment of this Act, including an opportunity for
    notice and comment, the Assistant Secretary, in cooperation with
    the Director of National Intelligence, the Director of the
    Federal Bureau of Investigation, the Secretary of Homeland
    Security, and the Commission, shall establish a program to share
    information regarding supply chain security risks with trusted
    providers of advanced communications service and trusted
    suppliers of communications equipment or services.
    (2) Activities.--In carrying out the program established
    under paragraph (1), the Assistant Secretary shall--
    (A) <>  conduct regular briefings
    and other events to share information with trusted
    providers of advanced communications service and trusted
    suppliers of communications equipment or services;
    (B) engage with trusted providers of advanced
    communications service and trusted suppliers of
    communications equipment or services, in particular such
    providers and suppliers that--
    (i) are small businesses; or
    (ii) primarily serve rural areas;
    (C) <>  not later than 180 days after
    the date of the enactment of this Act, submit to the
    Committee on Energy and Commerce of the House of
    Representatives and the Committee on Commerce, Science,
    and Transportation of the Senate a plan for--
    (i) declassifying material, when feasible, to
    help share information regarding supply chain
    security risks with trusted providers of advanced
    communications service and trusted suppliers of
    communications equipment or services; and
    (ii) expediting and expanding the provision of
    security clearances to facilitate information
    sharing regarding supply chain security risks with
    trusted providers of advanced communications
    service and trusted suppliers of communications
    equipment or services; and
    (D) ensure that the activities carried out through
    the program are consistent with and, to the extent
    practicable, integrated with, ongoing activities of the
    Department of Homeland Security and the Department of
    Commerce.
    (3) Scope of program.--The program established under
    paragraph (1) shall involve only the sharing of information
    regarding supply chain security risks by the Federal Government
    to trusted providers of advanced communications service and
    trusted suppliers of communications equipment or services, and
    not the sharing of such information by such providers and
    suppliers to the Federal Government.

    (b) Representation on CSRIC of Interests of Public and Consumers.--

    [[Page 169]]

    (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--

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    (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.

    Approved March 12, 2020.

    LEGISLATIVE HISTORY--H.R. 4998:
    ---------------------------------------------------------------------------

    HOUSE REPORTS: No. 116-352 (Comm. on Energy and Commerce).
    CONGRESSIONAL RECORD:
    Vol. 165 (2019):
    Dec. 16, considered and passed
    House.
    Vol. 166 (2020):
    Feb. 27, considered and passed
    Senate.