Network Security Information Sharing Act of 2019

I 116TH CONGRESS 1ST SESSION H. R. 4461 To direct the Secretary of Homeland Security to 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, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 24, 2019 Mr. KINZINGER (for himself and Mr. MICHAEL F. DOYLE of Pennsylvania) introduced the following bill; which was referred to the Committee on En- ergy and Commerce A BILL To direct the Secretary of Homeland Security to establish a program to share information regarding supply chain security risks with trusted providers of advanced commu- nications service and trusted suppliers of communications equipment or services, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Network Security In- 4 formation Sharing Act of 2019’’. 5 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4461 IH SEC. 2. INFORMATION SHARING WITH TRUSTED PRO- 1 VIDERS OF ADVANCED COMMUNICATIONS 2 SERVICE AND TRUSTED SUPPLIERS OF COM- 3 MUNICATIONS EQUIPMENT OR SERVICES. 4 (a) INFORMATION SHARING PROGRAM.— 5 (1) ESTABLISHMENT.—Not later than 120 days 6 after the date of the enactment of this Act, including 7 an opportunity for notice and comment, the Sec- 8 retary, in cooperation with the Director of National 9 Intelligence, the Director of the Federal Bureau of 10 Investigation, the Assistant Secretary, and the Com- 11 mission, shall establish a program to share informa- 12 tion regarding supply chain security risks with trust- 13 ed providers of advanced communications service 14 and trusted suppliers of communications equipment 15 or services. 16 (2) ACTIVITIES.—In carrying out the program 17 established under paragraph (1), the Secretary 18 shall— 19 (A) conduct regular briefings and other 20 events to share information with trusted pro- 21 viders of advanced communications service and 22 trusted suppliers of communications equipment 23 or services; 24 (B) engage with trusted providers of ad- 25 vanced communications service and trusted sup- 26 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4461 IH pliers of communications equipment or services, 1 in particular such providers and suppliers 2 that— 3 (i) are small businesses; or 4 (ii) primarily serve rural areas; 5 (C) not later than 180 days after the date 6 of the enactment of this Act, submit to the 7 Committee on Energy and Commerce of the 8 House of Representatives and the Committee 9 on Commerce, Science, and Transportation of 10 the Senate a plan for— 11 (i) declassifying material, when fea- 12 sible, to help share information regarding 13 supply chain security risks with trusted 14 providers of advanced communications 15 service and trusted suppliers of commu- 16 nications equipment or services; and 17 (ii) expediting and expanding the pro- 18 vision of security clearances to facilitate in- 19 formation sharing regarding supply chain 20 security risks with trusted providers of ad- 21 vanced communications service and trusted 22 suppliers of communications equipment or 23 services; and 24 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4461 IH (D) ensure that the activities carried out 1 through the program are consistent with and, 2 to the extent practicable, integrated with, ongo- 3 ing activities of the Department of Homeland 4 Security and the Department of Commerce. 5 (3) SCOPE OF PROGRAM.—The program estab- 6 lished under paragraph (1) shall involve only the 7 sharing of information regarding supply chain secu- 8 rity risks by the Federal Government to trusted pro- 9 viders of advanced communications service and 10 trusted suppliers of communications equipment or 11 services, and not the sharing of such information by 12 such providers and suppliers to the Federal Govern- 13 ment. 14 (4) AUTHORIZATION OF APPROPRIATIONS.— 15 There is authorized to be appropriated to carry out 16 this subsection $50,000,000 for fiscal year 2020. 17 Such amounts are authorized to remain available 18 through fiscal year 2025. 19 (b) REPRESENTATION ON CSRIC OF INTERESTS OF 20 PUBLIC AND CONSUMERS.— 21 (1) IN GENERAL.—The Commission shall ap- 22 point to the Communications Security, Reliability, 23 and Interoperability Council (or any successor there- 24 of), and to each subcommittee, workgroup, or other 25 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4461 IH subdivision of the Council (or any such successor), 1 at least one member to represent the interests of the 2 public and consumers. 3 (2) INITIAL APPOINTMENTS.—The Commission 4 shall make the initial appointments required by 5 paragraph (1) not later than 180 days after the date 6 of the enactment of this Act. Any member so ap- 7 pointed shall be in addition to the members of the 8 Council, or the members of the subdivision of the 9 Council to which the appointment is being made, as 10 the case may be, as of the date of the enactment of 11 this Act. 12 (c) DEFINITIONS.—In this section: 13 (1) ADVANCED COMMUNICATIONS SERVICE.— 14 The term ‘‘advanced communications service’’ has 15 the meaning given the term ‘‘advanced telecommuni- 16 cations capability’’ in section 706 of the Tele- 17 communications Act of 1996 (47 U.S.C. 1302). 18 (2) ASSISTANT SECRETARY.—The term ‘‘Assist- 19 ant Secretary’’ means the Assistant Secretary of 20 Commerce for Communications and Information. 21 (3) COMMISSION.—The term ‘‘Commission’’ 22 means the Federal Communications Commission. 23 (4) COMMUNICATIONS EQUIPMENT OR SERV- 24 ICE.—The term ‘‘communications equipment or serv- 25 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4461 IH ice’’ means any equipment or service that is essential 1 to the provision of advanced communications service. 2 (5) FOREIGN ADVERSARY.—The term ‘‘foreign 3 adversary’’ means any foreign government or foreign 4 nongovernment person engaged in a long-term pat- 5 tern or serious instances of conduct significantly ad- 6 verse to the national security of the United States 7 or security and safety of United States persons. 8 (6) PERSON.—The term ‘‘person’’ means an in- 9 dividual or entity. 10 (7) PROVIDER OF ADVANCED COMMUNICATIONS 11 SERVICE.—The term ‘‘provider of advanced commu- 12 nications service’’ means a person who provides ad- 13 vanced communications service to United States cus- 14 tomers. 15 (8) SECRETARY.—The term ‘‘Secretary’’ means 16 the Secretary of Homeland Security. 17 (9) SUPPLY CHAIN SECURITY RISK.—The term 18 ‘‘supply chain security risk’’ includes specific risk 19 and vulnerability information related to equipment 20 and software. 21 (10) TRUSTED.—The term ‘‘trusted’’ means, 22 with respect to a provider of advanced communica- 23 tions service or a supplier of communications equip- 24 ment or service, that the Secretary has determined 25 VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4461 IH that such provider or supplier is not owned by, con- 1 trolled by, or subject to the influence of a foreign 2 adversary. 3 Æ VerDate Sep 11 2014 22:27 Sep 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\H4461.IH H4461 pamtmann on DSKBC07HB2PROD with BILLS