,i #aafth ,,congress #ast ,session ,h4 ,r4 #digc ,,in ,,the ,,house ,,of ,,representatives ,november #a1 #bjai,mr4 ,mc,nerney 7for himself and ,mr4 ,long7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on ,oversight and ,reform1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to prohibit certain ,federal loans1 grants1 and subsidies from being used to purchase communications equipment or services posing national security risks1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,trusting ,commercial ,communications ,networks ,act of #bjai4 #b4 ,determination of communications equipment or services posing national security risks 7a7 ,publication of covered communications equipment or services list ,not later than #a year after the date of the enactment of this ,act1 the ,commission shall publish on its website a list of covered communications equipment or services4 7b7 ,determination by ,commission ,the ,commission shall place on the list published under subsection 7a7 any communications equipment or service1 if and only if the ,commission determines that such equipment or service-- 7#a7 is produced or provided by-- 7,a7 ,huawei ,technologies ,co4 ,limited1 ,zhongxing ,telecommunications ,equipment ,corporation1 or any subsidiary or affiliate of either such entity2 7,b7 any successor to any entity described in subparagraph 7,a72 or 7,c7 any other entity1 if the ,commission determines1 based exclusively on the determinations described in paragraphs 7#a7 through 7#c7 of subsection 7c71 that 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 persons2 and 7#b7 is capable of-- 7,a7 routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles2 or 7,b7 causing the network of a provider of advanced communications service to be disrupted remotely4 7c7 ,reliance on certain other determinations ,in making a determination under subsection 7b77#a77;,c71 the ,commission shall rely solely on one or more of the following determinations3 7#a7 ,a specific determination made by any executive branch interagency body with appropriate national security expertise1 including the ,federal ,acquisition ,security ,council established under section #acbb7;a7 of title #da1 ,united ,states ,code4 7#b7 ,a specific determination made by the ,department of ,commerce pursuant to ,executive ,order #achgc 7#hd ,fed4 ,reg4 #bbfhi2 relating to securing the information and communications technology and services supply chain74 7#c7 ,the communications equipment or service being covered telecommunications equipment or services1 as defined in section #hhi7;f77#c7 of the ,john ,s4 ,mc,cain ,national ,defense ,authorization ,act for ,fiscal ,year #bjai 7,public ,law #aae-bcb2 #acb ,stat4 #aiah74 7d7 ,updating of list 7#a7 ,in general ,the ,commission shall periodically update the list published under subsection 7a71 as necessary to protect national security and to address changes in the determinations described in paragraphs 7#a7 through 7#c7 of subsection 7c74 7#b7 ,monitoring of determinations ,the ,commission shall monitor the making or reversing of the determinations described in paragraphs 7#a7 through 7#c7 of subsection 7c7 in order to determine whether to place communications equipment or services on the list published under subsection 7a7 or to remove communications equipment or services from such list4 ,if a determination described in any such paragraph that provided the basis for a determination by the ,commission under subsection 7b77#a77;,c7 with respect to any communications equipment or service is reversed1 the ,commission shall remove such equipment or service from such list1 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 a determination by the ,commission under subsection 7b77#a77;,c7 with respect to such equipment or service4 7#c7 ,public notification ,for each #ab-month period during which the list published under subsection 7a7 is not updated1 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 7#a7 through 7#c7 of subsection 7c74 #c4 ,prohibition on use of certain ,federal loans1 grants1 and subsidies 7a7 ,in general 7#a7 ,prohibition ,a ,federal loan1 grant1 or subsidy that provides funds to be used for the capital expenditures necessary for the provision of advanced communications service may not be used to-- 7,a7 purchase1 rent1 lease1 or otherwise obtain any covered communications equipment or service2 or 7,b7 maintain any covered communications equipment or service previously purchased1 rented1 leased1 or otherwise obtained4 7#b7 ,timing ,paragraph 7#a7 shall apply with respect to any covered communications equipment or service beginning on the date that is #fj days after the date on which the ,commission places such equipment or service on the list required by section #b7;a74 ,in the case of any covered communications equipment or service that is on the initial list published under such section1 such equipment or service shall be treated as being placed on the list on the date on which such list is published4 7b7 ,completion of proceeding ,not later than #ij days after the date of the enactment of this ,act1 the ,commission shall adopt a ,report and ,order in the matter of ,protecting ,against ,national ,security ,threats to the ,communications ,supply ,chain ,through ,,fcc ,programs 7,,wc ,docket ,no4 #ah-hi7 that implements subsection 7a71 to the extent such subsection applies to a program administered by the ,commission4 7c7 ,application to other agencies ,not later than #ahj days after the date of the enactment of this ,act1 the head of each ,federal agency 7other than the ,commission7 that administers a program through which any ,federal loan1 grant1 or subsidy described in subsection 7a77#a7 is made available shall update the regulations for the program to comply with subsection 7a74 7d7 ,rule of construction ,nothing in this section may be construed to limit a ,federal agency from procuring goods or services4 #d4 ,hold harmless ,in the case of a person who is a winner of the ,connect ,america ,fund ,phase ,,ii auction1 has not yet been authorized to receive ,connect ,america ,fund ,phase ,,ii support1 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 ,act1 such person may withdraw the application of such person for ,connect ,america ,fund ,phase ,,ii support without being found in default or subject to forfeiture4 #e4 ,enforcement 7a7 ,in general ,except as provided in subsection 7b7-- 7#a7 a violation of this ,act or a regulation promulgated under this ,act shall be treated as a violation of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aea et seq47 or a regulation promulgated under such ,act1 respectively2 and 7#b7 the ,commission shall enforce this ,act and the regulations promulgated under this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,communications ,act of #aicd were incorporated into and made a part of this ,act4 7b7 ,exception ,subsection 7a7 does not apply with respect to-- 7#a7 a ,federal loan1 grant1 or subsidy that is made available through a program that is administered by a ,federal agency other than the ,commission2 or 7#b7 a regulation promulgated by such agency under section #c7;c74 #f4 ,definitions ,in this ,act3 7#a7 ,advanced communications service ,the term advanced communications service has the meaning given the term advanced telecommunications capability in section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,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 #b7;a74 7#d7 ,customers ,the term customers means1 with respect to a provider of advanced communications service-- 7,a7 the customers of such provider2 and 7,b7 the customers of any affiliate 7as defined in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec77 of such provider4 7#e7 ,executive branch interagency body ,the term executive branch interagency body means an interagency body established in the executive branch4 7#f7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#g7 ,person ,the term person means an individual or entity4 7#h7 ,provider of advanced communications service ,the term provider of advanced communications service means a person who provides advanced communications service to ,united ,states customers4