,,ii #aafth ,,congress #ast ,session ,s4 #adeg ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ad1 #bjai,mrs4 ,blackburn 7for herself and ,mr4 ,cornyn7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to provide for interagency coordination on risk mitigation in the communications equipment and services marketplace and the supply chain thereof1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,sharing ,urgent1 ,potentially ,problematic ,locations that ,yield ,communications ,hazards in ,american ,internet ,networks ,act of #bjai or the ,,supply ,,chain ,act of #bjai4 #b4 ,interagency coordination on risk mitigation in the communications equipment and services marketplace and the supply chain thereof 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,foreign ,relations1 the ,committee on ,armed ,services1 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security and ,governmental ,affairs1 and the ,select ,committee on ,intelligence of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce1 the ,committee on ,foreign ,affairs1 the ,committee on ,armed ,services1 the ,committee on the ,judiciary1 the ,committee on ,homeland ,security1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives4 7#b7 ,appropriate ,federal entity ,the term appropriate ,federal entity means-- 7,a7 the ,department of ,defense2 7,b7 the ,department of ,energy2 7,c7 the ,department of ,homeland ,security2 7,d7 the ,department of ,justice2 7,e7 the ,department of ,transportation2 7,f7 the ,department of the ,treasury2 and 7,g7 the ,office of the ,director of ,national ,intelligence4 7#c7 ,classified information ,the term classified information means any information or material that has been determined by the ,federal ,government pursuant to an ,executive order1 statute1 or regulation1 to require protection against unauthorized disclosure for reasons of national security4 7#d7 ,communications equipment and services ,the term communications equipment and services includes any hardware1 software1 or other product or service primarily intended to fulfill or enable the function of information processing and communications by electronic means1 including transmission and display1 including over the internet4 7#e7 ,risk ,the term risk means any aspect or property of the components of communications equipment and services or the associated supply chain that may be used to gain unauthorized access to a communications network1 disrupt a communications network1 disrupt the manufacture of communications equipment1 disrupt consensus-driven industry standards for communications equipment and services1 or otherwise harm a communications network or the users of the network1 including gaining unauthorized access to data or redirecting data4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#g7 ,supply chain ,the term supply chain1 with respect to communications equipment and services-- 7,a7 means the network of persons and activities from source to delivery of the equipment and services2 and 7,b7 includes-- 7i7 vendors1 suppliers1 and providers of the equipment and services2 and 7ii7 persons who manufacture1 assemble1 develop1 or test the equipment and services4 7b7 ,ongoing review ,consistent with the protection of classified information1 the ,secretary shall1 in coordination with the head of each appropriate ,federal entity1 conduct an ongoing review of risks to the communications equipment and services marketplace and the supply chain thereof4 7c7 ,long-,term scenario and strategic planning 7#a7 ,development1 issuance1 and implementation of procedures ,not later than #ahj days after the date of enactment of this section1 consistent with the protection of classified information1 the ,secretary1 in coordination with the head of each appropriate ,federal entity1 shall-- 7,a7 develop and issue procedures to regularly facilitate-- 7i7 long-term scenario and strategic planning with private entities that have appropriate security clearances to review classified information about risks1 including by-- 7,i7 assessing the severity of risks posed to the marketplace of individual components of communications equipment and services and the supply chain thereof2 7,,ii7 identifying counterfeit communications equipment and services in the marketplace2 7,,iii7 assessing the ability of foreign governments or third parties to exploit the marketplace in a manner that raises risks2 7,,iv7 identifying-- 7aa7 emerging risks and long-term trends in the marketplace of individual components or standards of communications equipment and services and the supply chain thereof2 and 7bb7 strategies to mitigate risks described in item 7aa72 and 7,v7 analyzing opportunities for asymmetric advantage2 7ii7 the-- 7,i7 preparation of unclassified information that raises awareness of risks1 including1 as appropriate1 unclassified versions of any information shared under clause 7i72 and 7,,ii7 dissemination by the ,secretary of the unclassified information described in subclause 7,i7 to private entities that do not have appropriate security clearances2 and 7iii7 the voluntary sharing from private entities to the ,secretary of information about risks to the marketplace2 and 7,b7 carry out the procedures developed and issued under subparagraph 7,a74 7#b7 ,manner of presentation ,the information shared with private entities under paragraph 7#a77;,a77i7 shall be presented in a manner that identifies1 assesses1 and prioritizes risks1 the mitigation of risks1 and opportunities for asymmetric advantage4 7#c7 ,information shared with or provided to the ,federal ,government 7,a7 ,no waiver of privilege or protection ,the provision of information to the ,federal ,government by a private entity under clause 7i7 or 7iii7 of paragraph 7#a77;,a7 shall not constitute a waiver of any applicable privilege or protection provided by law1 including trade secret protection4 7,b7 ,proprietary information ,information provided to the ,federal ,government by a private entity under clause 7i7 or 7iii7 of paragraph 7#a77;,a7 shall be considered the commercial1 financial1 and proprietary information of the private entity4 7,c7 ,exemption from disclosure under ,,foia ,information provided to the ,federal ,government by a private entity under clause 7i7 or 7iii7 of paragraph 7#a77;,a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code4 7,d7 ,exemption from ,federal regulatory authority ,information provided to the ,federal ,government by a private entity under clause 7i7 or 7iii7 of paragraph 7#a77;,a7 shall not be used by any ,federal entity to regulate1 including through an enforcement action1 the lawful activities of the private entity4 7,e7 ,protection from liability ,no cause of action shall lie or be maintained in any court against a private entity1 and such action shall be promptly dismissed1 if the action is related to or arises out of the provision of information to the ,federal ,government by the private entity under clause 7i7 or 7iii7 of paragraph 7#a77;,a74 7d7 ,report to ,congress 7#a7 ,in general ,not later than #a year after the date of enactment of this section1 and biennially thereafter1 the ,secretary1 in coordination with the head of each appropriate ,federal entity1 shall submit to the appropriate committees of ,congress a report on the implementation of this section4 7#b7 ,contents ,the report required under paragraph 7#a7 shall-- 7,a7 include any recommendations that the ,secretary1 in collaboration with the heads of the appropriate ,federal entities1 may have for improvements or modifications to the procedures developed and issued under this section2 7,b7 evaluate the effectiveness of the procedures developed and issued under subsection 7c77#a77;,a72 7,c7 identify processes and procedures that improve the ability of private entities and the ,federal ,government to adapt to emerging risks to the marketplace2 7,d7 provide technical guidance on procurement of communications equipment and services offered by private entities in order to mitigate vulnerabilities2 7,e7 include recommendations to streamline the provision of security clearances for relevant private sector actors2 and 7,f7 assess coordination between the heads of the appropriate ,federal entities1 including by identifying distinct competencies and jurisdictions of each appropriate ,federal entity4 7#c7 ,form of reports ,each report submitted under paragraph 7#a7 shall be in unclassified form1 but may include a classified annex4 7e7 ,rule of construction ,nothing in this section shall be construed to authorize the ,secretary or the head of any other ,federal agency to issue new regulations4