[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4998 Enrolled Bill (ENR)]
H.R.4998
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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,

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This Act may be cited as the ``Secure and Trusted Communications
Networks Act of 2019''.

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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,
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).

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(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, 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.

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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
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 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 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.--
(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--
(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.--
(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).

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(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
(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).

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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.

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(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 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).

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(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.--
(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.

2ec451a9652d8885daf713ffedc041640ffc774ed1d49602d1651077f3ccead7

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--
(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.

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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.

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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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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Secure and Trusted Communications Networks Act of 2019 — HR. 4998

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