,,ii #aafth ,,congress #ast ,session ,s4 #afbe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #bb1 #bjai ,mr4 ,wicker 7for himself1 ,mr4 ,cotton1 ,mr4 ,warner1 and ,mr4 ,markey7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to promote the deployment of commercial fifth-generation mobile networks and the sharing of information with communications providers in the ,united ,states regarding security risks to the networks of those providers1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,united ,states #e;,g ,leadership ,act of #bjai4 #b4 ,definitions ,in this ,act3 7#a7 #c;,,gpp ,the term #c;,,gpp means the ,third ,generation ,partnership ,project4 7#b7 #e;,g network ,the term #e;,g network means a fifth-generation mobile network as described by #c;,,gpp ,release #ae or higher4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,senate2 7,c7 the ,select ,committee on ,intelligence of the ,senate2 7,d7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,e7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,f7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,g7 the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives2 and 7,h7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#d7 ,appropriate national security agency ,the term appropriate national security agency means-- 7,a7 the ,department of ,homeland ,security2 7,b7 the ,department of ,defense2 7,c7 the ,office of the ,director of ,national ,intelligence2 7,d7 the ,national ,security ,agency2 and 7,e7 the ,federal ,bureau of ,investigation4 7#e7 ,cloud computing ,the term cloud computing has the meaning given the term in ,special ,publication #hjj-ade of the ,national ,institute of ,standards and ,technology1 entitled ,the ,,nist ,definition of ,cloud ,computing1 published ,september #bjaa1 or any successor publication4 7#f7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#g7 ,communications network ,the term communications network means-- 7,a7 a system enabling the transmission1 between or among points specified by the user1 of information of the user's choosing2 7,b7 cloud computing resources2 and 7,c7 a network or system used to access cloud computing resources4 7#h7 ,communications provider ,the term communications provider-- 7,a7 means any provider of interstate or international communication by wire or radio2 and 7,b7 includes a telecommunications carrier4 7#i7 ,covered company ,the term covered company means-- 7,a7 ,huawei ,technologies ,co41 ,limited2 7,b7 ,zhongxing ,telecommunications ,equipment ,corporation2 7,c7 a subsidiary or affiliate of a company described in subparagraph 7,a7 or 7,b72 7,d7 any communications provider domiciled in the ,people's ,republic of ,china 7or a subsidiary or affiliate of such a company71 excluding a communications provider that-- 7i7 is domiciled in the ,people's ,republic of ,china2 and 7ii7 is a subsidiary of a company that is not domiciled in the ,people's ,republic of ,china2 and 7,e7 any entity posing a national security risk4 7#aj7 ,entity posing a national security risk ,the term entity posing a national security risk means an entity that the ,commission determines poses a national security risk under section #d7;c74 7#aa7 ,supply ,chain ,security ,trust ,fund ,the term ,supply ,chain ,security ,trust ,fund means the trust fund established under section #f4 7#ab7 ,telecommunications carrier ,the term telecommunications carrier has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ac7 ,trusted supplier ,the term trusted supplier means a supplier of equipment and services for communications networks that the ,secretary of ,homeland ,security determines would be appropriate to further the purposes of section #h4 7#ad7 ,united ,states communications provider ,the term ,united ,states communications provider-- 7,a7 means a communications provider domiciled in the ,united ,states2 and 7,b7 does not include a covered company4 #c4 ,policy statement on #e;,g network deployment and security ,it is the policy of the ,united ,states-- 7#a7 to promote the timely deployment of robust1 secure1 and resilient commercial #e;,g networks2 7#b7 to promote the development of the information and communications technology industry of the ,united ,states in order to supply technology and equipment to deploy commercial #e;,g networks2 7#c7 that the ,federal ,government should-- 7,a7 support but not build or operate #e;,g networks2 and 7,b7 identify additional capacity in the low-bands1 mid-bands1 and high-bands of the electromagnetic spectrum for licensed and unlicensed use1 emphasizing harmonization with global allocations2 and 7#d7 that communications networks deployed in the ,united ,states should not incorporate any hardware or software produced by1 or any services offered by-- 7,a7 a covered company2 or 7,b7 any other company that is subject to extrajudicial direction from a foreign government4 #d4 ,prohibition of communications equipment and services posing national security risks 7a7 ,prohibition ,except as provided in subsection 7b77#b71 funds from a universal service support program established under section #bed of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #bed7 may not be used to purchase communications equipment and services from-- 7#a7 a covered company2 or 7#b7 any other company that is subject to extrajudicial direction from a foreign government4 7b7 ,completion of pending proceeding 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall adopt a ,report and ,order in the proceeding captioned ,protecting ,against ,national ,security ,threats to the ,communications ,supply ,chain ,through ,,fcc ,programs 7,,wc ,docket ,no4 #ah-hi74 7#b7 ,exemptions ,in implementing paragraph 7#a71 the ,commission may exempt types or categories of equipment1 services1 or components thereof that do not pose an undue risk of sabotage to or subversion of the design1 integrity1 manufacturing1 production1 distribution1 installation1 operation1 or maintenance of communications networks in the ,united ,states4 7c7 ,entities posing a national security risk ,in determining1 for purposes of subparagraph 7,e7 of the definition of the term covered company1 which entities are entities posing a national security risk1 the ,commission shall rely solely upon a determination made-- 7#a7 by-- 7,a7 an appropriate national security agency2 7,b7 an interagency body that includes appropriate national security expertise1 including the ,federal ,acquisition ,security ,council established under section #acbb of title #da1 ,united ,states ,code2 or 7,c7 ,congress2 or 7#b7 under ,executive ,order #achgc 7#hd ,fed4 ,reg4 #bbfhi2 relating to securing the information and communications technology and services supply chain7 or any implementing regulations4 #e4 ,equipment replacement grants 7a7 ,in general ,the ,commission shall make grants to ,united ,states communications providers using amounts-- 7#a7 made available from the ,supply ,chain ,security ,trust ,fund2 or 7#b7 borrowed under subsection 7d7 of this section4 7b7 ,equipment ,to be replaced ,amounts from a grant under subsection 7a7-- 7#a7 may be used only to replace communications equipment and services obtained from a covered company or another entity posing a national security risk1 under such terms and conditions as the ,commission shall establish2 and 7#b7 may not be used to replace any equipment purchased on or after ,august #ad1 #bjah4 7c7 ,grant eligibility 7#a7 ,in general ,a communications provider with not more than #f1jjj1jjj customers shall be eligible to receive a grant under subsection 7a74 7#b7 ,definition of customer ,for purposes of paragraph 7#a71 the term customer1 with respect to a communications provider1 means the ,united ,states customers of-- 7,a7 the communications provider2 or 7,b7 any parent1 subsidiary1 or affiliate of the communications provider4 7d7 ,borrowing authority 7#a7 ,in general ,prior to the deposit of funds into the ,supply ,chain ,security ,trust ,fund1 the ,commission may borrow from the ,treasury such sums as may be necessary1 but not to exceed the amount specified in section #f7;b77#a71 to implement this section4 7#b7 ,reimbursement ,the ,commission shall reimburse the ,treasury for any amounts borrowed under paragraph 7#a71 without interest1 from funds deposited into the ,supply ,chain ,security ,trust ,fund4 #f4 ,supply ,chain ,security ,trust ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a trust fund to be known as the ,supply ,chain ,security ,trust ,fund4 7b7 ,use of ,fund ,as amounts are deposited into the ,supply ,chain ,security ,trust ,fund1 such amounts shall be used to make the following deposits or payments3 7#a7 ,repayment of amount borrowed for equipment replacement ,an amount not to exceed #gjj1jjj1jjj shall be available to the ,commission to reimburse the general fund of the ,treasury for any amounts borrowed under section #e4 7#b7 ,equipment replacement #gjj1jjj1jjj1 reduced by the amount borrowed under section #e1 shall be available to the ,commission to carry out that section4 7c7 ,deposits into ,fund ,section #cji7;j77#h7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#h77 is amended-- 7#a7 in subparagraph 7,a71 by striking and 7,g7 and inserting 7,g71 and 7,h72 7#b7 in subparagraph 7,c77i71 by striking and 7,g7 and inserting 7,g71 and 7,h72 and 7#c7 by adding at the end the following3 7,h7 ,certain proceeds designated for ,supply ,chain ,security ,trust ,fund ,notwithstanding subparagraph 7,a7 and except as provided in subparagraph 7,b71 the proceeds 7including deposits and upfront payments from successful bidders71 not to exceed #gjj1jjj1jjj1 from the use of a system of competitive bidding under this subsection shall be deposited in the ,supply ,chain ,security ,trust ,fund established under section #f of the ,united ,states #e;,g ,leadership ,act of #bjai4 4 #g4 ,report on deployment and availability of #e;,g networks 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the ,assistant ,secretary of ,commerce for ,communications and ,information1 in consultation with the ,secretary of ,homeland ,security1 the ,chairman of the ,commission1 the ,secretary of ,defense1 and the ,director of ,national ,intelligence1 after providing notice and an opportunity for public comment1 shall submit to the appropriate congressional committees a report that identifies-- 7#a7 steps to ensure the secure deployment and availability of #e;,g networks1 with a particular focus on the threat posed by equipment and services produced or provided by covered companies2 and 7#b7 any new statutory authority required to ensure the security of #e;,g networks in the ,united ,states4 #h4 ,information sharing with communications providers and trusted suppliers 7a7 ,establishment of joint program ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,director of ,national ,intelligence1 the ,director of the ,federal ,bureau of ,investigation1 the ,secretary of ,commerce1 and the ,chairman of the ,commission1 shall establish a joint program to share information regarding security1 risks1 and vulnerabilities with ,united ,states communication providers and trusted suppliers4 7b7 ,duties of program ,the program established under subsection 7a7 shall-- 7#a7 conduct regular briefings and other events to share information with ,united ,states communications providers and trusted suppliers2 7#b7 prioritize engagement with communications providers that-- 7,a7 are small businesses2 or 7,b7 primarily serve rural areas2 7#c7 as determined appropriate by the ,secretary of ,homeland ,security1 facilitate information sharing with ,united ,states communications providers and trusted suppliers by providing temporary security clearances to selected citizens of the ,united ,states2 7#d7 develop recommendations for ,united ,states communications providers to better secure their networks2 and 7#e7 as determined appropriate by the ,commission1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information1 convene a working group of communications providers to engage in regular briefings and other events regarding national security risks posed to communications networks4 #i4 ,promoting ,united ,states leadership in communications standards-setting bodies 7a7 ,in general ,the ,secretary of ,state1 the ,secretary of ,commerce1 and the ,chairman of the ,commission shall prioritize the use of ,federal funds to enhance representation of the ,united ,states at international forums that set standards for #e;,g networks and for future generations of wireless communications networks1 including-- 7#a7 the ,international ,telecommunication ,union 7commonly known as ,,itu72 7#b7 the ,international ,organization for ,standardization 7commonly known as ,,iso72 and 7#c7 the voluntary standards organizations that develop protocols for wireless devices and other equipment1 such as the #c;,,gpp and the ,institute of ,electrical and ,electronics ,engineers4 7b7 ,briefing ,not later than #fj days after the date of enactment of this ,act1 the ,secretary of ,state1 the ,secretary of ,commerce1 and the ,chairman of the ,commission shall brief the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,select ,committee on ,intelligence of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,permanent ,select ,committee on ,intelligence of the ,house of ,representatives on a strategy to carry out subsection 7a74