Ensuring Network Security Act

II Calendar No. 640 116TH CONGRESS 2D SESSION S. 4472 To amend the Secure and Trusted Communications Network Reimbursement Program to include eligible telecommunications carriers and providers of educational broadband service, and for other purposes. IN THE SENATE OF THE UNITED STATES AUGUST 6, 2020 Mr. PETERS (for himself, Mr. JOHNSON, and Mr. BLUNT) introduced the fol- lowing bill; which was read twice and referred to the Committee on Com- merce, Science, and Transportation DECEMBER 15, 2020 Reported by Mr. WICKER, with an amendment [Strike out all after the enacting clause and insert the part printed in italic] A BILL To amend the Secure and Trusted Communications Network Reimbursement Program to include eligible telecommuni- cations carriers and providers of educational broadband service, 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 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 4472 RS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Ensuring Network Se- 2 curity Act’’. 3 SEC. 2. AMENDMENTS TO THE SECURE AND TRUSTED COM- 4 MUNICATIONS NETWORKS REIMBURSEMENT 5 PROGRAM. 6 Section 4 of the Secure and Trusted Communications 7 Networks Act of 2019 (47 U.S.C. 1603) is amended— 8 (1) in subsection (b)(1), by striking 9 ‘‘2,000,000’’ and inserting ‘‘10,000,000’’; 10 (2) in subsection (c)— 11 (A) in paragraph (1)(A)— 12 (i) in the matter preceding clause (i), 13 by inserting ‘‘, as defined in section 9 or 14 as defined in the Report and Order of the 15 Commission in the matter of Protecting 16 Against National Security Threats to the 17 Communications Supply Chain Through 18 FCC Programs (FCC 19–121; WC Docket 19 No. 18–89; adopted November 22, 2019) 20 (in this section referred to as the ‘Report 21 and Order’) and subsequently reported to 22 the Commission in response to its Feb- 23 ruary 26, 2020, Supply Chain Data Collec- 24 tion, and’’ after ‘‘services’’; 25 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6401 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 4472 RS (ii) in clause (i), by inserting ‘‘were 1 reported to the Commission in response to 2 its February 26, 2020, Supply Chain Data 3 Collection or’’ after ‘‘services that’’; and 4 (iii) in clause (ii), by inserting ‘‘were 5 not reported to the Commission in re- 6 sponse to its February 26, 2020, Supply 7 Chain Data Collection or’’ after ‘‘services 8 that’’; and 9 (B) in paragraph (2)(A)— 10 (i) in clause (i), by inserting ‘‘was re- 11 ported to the Commission in response to 12 its February 26, 2020, Supply Chain Data 13 Collection or’’ after ‘‘service that’’; and 14 (ii) in clause (ii), by inserting ‘‘was 15 not reported to the Commission in re- 16 sponse to its February 26, 2020, Supply 17 Chain Data Collection or’’ after ‘‘service 18 that’’; and 19 (3) in subsection (d)(5)— 20 (A) in subparagraph (A), by striking ‘‘The 21 Commission’’ and inserting ‘‘Subject to sub- 22 paragraph (C), the Commission’’; and 23 (B) by adding at the end the following: 24 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 4472 RS ‘‘(C) PRIORITY FOR ALLOCATION.—On and 1 after the date of enactment of this subpara- 2 graph, the Commission shall allocate sufficient 3 reimbursement funds— 4 ‘‘(i) first, to approved applicants that 5 have 2,000,000 or fewer customers, for re- 6 moval and replacement of covered commu- 7 nications equipment, as defined in section 8 9; 9 ‘‘(ii) after funds have been allocated 10 to all applicants described in clause (i), to 11 approved applicants that are accredited 12 public or private non-commercial edu- 13 cational institutions providing their own 14 facilities-based education broadband serv- 15 ice, as defined in section 27.4 of title 47, 16 Code of Federal Regulations, or any suc- 17 cessor regulation, for removal and replace- 18 ment of covered communications equip- 19 ment, as defined in the Report and Order; 20 and 21 ‘‘(iii) after funds have been allocated 22 to all applicants described in clause (ii), to 23 approved applicants that are designated as 24 eligible telecommunications carriers under 25 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 4472 RS section 214(e) of the Communications Act 1 of 1934 (47 U.S.C. 214(e)) or affiliates of 2 such a carrier, for removal and replace- 3 ment of covered communications equip- 4 ment, as defined in the Report and Order 5 and subsequently reported to the Commis- 6 sion in response to its February 26, 2020, 7 Supply Chain Data Collection.’’. 8 SECTION 1. SHORT TITLE. 9 This Act may be cited as the ‘‘Ensuring Network Secu- 10 rity Act’’. 11 SEC. 2. AMENDMENTS TO THE SECURE AND TRUSTED COM- 12 MUNICATIONS NETWORK REIMBURSEMENT 13 PROGRAM. 14 The Secure and Trusted Communications Networks 15 Act of 2019 (47 U.S.C. 1601 et seq.) is amended— 16 (1) in section 4 (47 U.S.C. 1603)— 17 (A) in subsection (b)(1), by striking 18 ‘‘2,000,000’’ and inserting ‘‘10,000,000’’; 19 (B) in subsection (c)— 20 (i) in paragraph (1)(A)— 21 (I) in the matter preceding clause 22 (i), by striking ‘‘before’’; 23 (II) by amending clause (i) to 24 read as follows: 25 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 4472 RS ‘‘(i) as defined in the Report and 1 Order of the Commission in the matter of 2 Protecting Against National Security 3 Threats to the Communications Supply 4 Chain Through FCC Programs (FCC 19– 5 121; WC Docket No. 18–89; adopted Novem- 6 ber 22, 2019) (in this section referred to as 7 the ‘Report and Order’); or’’; and 8 (III) by amending clause (ii) to 9 read as follows: 10 ‘‘(ii) as determined to be covered by 11 both the process of the Report and Order 12 and the Designation Orders of the Commis- 13 sion on June 30, 2020 (DA 20–690; PS 14 Docket No. 19–351; adopted June 30, 2020) 15 (DA 20–691; PS Docket No. 19–352; adopt- 16 ed June 30, 2020) (in this section collec- 17 tively referred to as the ‘Designation Or- 18 ders’);’’; and 19 (ii) in paragraph (2)(A)— 20 (I) by amending clauses (i) and 21 (ii) to read as follows: 22 ‘‘(i) publication of the Report and 23 Order; or 24 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 4472 RS ‘‘(ii) in the case of covered communica- 1 tions equipment that only became covered 2 pursuant to the Designation Orders, June 3 30, 2020; or’’; 4 (C) in subsection (d)(5)— 5 (i) in subparagraph (A), by striking 6 ‘‘The Commission’’ and inserting ‘‘Subject 7 to subparagraph (C), the Commission’’; and 8 (ii) by adding at the end the following: 9 ‘‘(C) PRIORITY FOR ALLOCATION.—On and 10 after the date of enactment of this subparagraph, 11 the Commission shall allocate sufficient reim- 12 bursement funds— 13 ‘‘(i) first, to approved applicants that 14 have 2,000,000 or fewer customers, for re- 15 moval and replacement of covered commu- 16 nications equipment, as defined in section 9 17 or as designated by the process set forth in 18 the Report and Order; 19 ‘‘(ii) after funds have been allocated to 20 all applicants described in clause (i), to ap- 21 proved applicants that are accredited public 22 or private non-commercial educational in- 23 stitutions providing their own facilities- 24 based educational broadband service, as de- 25 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 4472 RS fined in section 27.4 of title 47, Code of 1 Federal Regulations, or any successor regu- 2 lation, for removal and replacement of cov- 3 ered communications equipment, as defined 4 in section 9 or as designated by the process 5 set forth in the Report and Order; and 6 ‘‘(iii) after funds have been allocated to 7 all applicants described in clause (ii), to 8 any remaining approved applicants deter- 9 mined to be eligible for reimbursement 10 under the Program.’’; and 11 (D) by adding at the end the following: 12 ‘‘(k) LIMITATION.—In carrying out this section, the 13 Commission may not expend more than $1,900,000,000.’’; 14 and 15 (2) in section 9 (47 U.S.C. 1608), by amending 16 paragraph (10) to read as follows: 17 ‘‘(10) PROVIDER OF ADVANCED COMMUNICATIONS 18 SERVICE.—The term ‘provider of advanced commu- 19 nications service’— 20 ‘‘(A) means a person who provides ad- 21 vanced communications service to United States 22 customers; and 23 ‘‘(B) includes— 24 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 4472 RS ‘‘(i) accredited public or private non- 1 commercial educational institutions pro- 2 viding their own facilities-based educational 3 broadband service, as defined in section 4 27.4 of title 47, Code of Federal Regula- 5 tions, or any successor regulation; and 6 ‘‘(ii) health care providers and librar- 7 ies providing advanced communications 8 service.’’. 9 VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS Calendar No. 640 116TH CONGRESS 2D SESSION S. 4472 A BILL To amend the Secure and Trusted Communications Network Reimbursement Program to include eli- gible telecommunications carriers and providers of educational broadband service, and for other purposes. DECEMBER 15, 2020 Reported with an amendment VerDate Sep 11 2014 01:50 Dec 16, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6651 Sfmt 6651 E:\BILLS\S4472.RS S4472 pamtmann on DSKBC07HB2PROD with BILLS