---
kind: "range"
citation: "47 U.S.C. §§ 1601–1609"
title: "47"
from: "1601"
to: "1609"
count: 9
release: "119-102"
url: "https://uscodex.org/usc/47/1601..1609"
---

# §1601. Determination of communications equipment or services posing national security risks

- (a) **Publication of covered communications equipment or services list—** Not later than 1 year after March 12, 2020, the [Commission](/usc/47/1608.md?p=3) shall publish on its website a list of [covered communications equipment or services](/usc/47/1608.md?p=5).
- (b) **Publication by Commission—** The [Commission](/usc/47/1608.md?p=3) shall place on the list published under [subsection (a)](#a) any [communications equipment or service](/usc/47/1608.md?p=4), 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)](#c-1..c-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](/usc/47/38.md) or the security and safety of [United States](/usc/47/38.md) [persons](/usc/47/1608.md?p=8); 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](/usc/47/1608.md?p=10) to be disrupted remotely; or
    - (C) otherwise posing an unacceptable risk to the national security of the [United States](/usc/47/38.md) or the security and safety of [United States](/usc/47/38.md) [persons](/usc/47/1608.md?p=8).
- (c) **Reliance on certain determinations—** In taking action under [subsection (b)(1)](#b-1), the [Commission](/usc/47/1608.md?p=3) shall place on the list any [communications equipment or service](/usc/47/1608.md?p=4) that poses an unacceptable risk to the national security of the [United States](/usc/47/38.md) or the security and safety of [United States](/usc/47/38.md) [persons](/usc/47/1608.md?p=8) based solely on one or more of the following determinations:
  - (1) A specific determination made by any [executive branch interagency body](/usc/47/1608.md?p=7) with appropriate national security expertise, including the Federal Acquisition Security Council established under [section 1322(a) of title 41](/usc/41/1322.md?p=a).
  - (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](/usc/47/1608.md?p=4) 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](/usc/47/1608.md?p=2).
- (d) **Updating of list—**
  - (1) **In general—** The [Commission](/usc/47/1608.md?p=3) shall periodically update the list published under [subsection (a)](#a) to address changes in the determinations described in [paragraphs (1) through (4)](#c-1..c-4) of subsection (c).
  - (2) **Monitoring of determinations—** The [Commission](/usc/47/1608.md?p=3) shall monitor the making or reversing of the determinations described in [paragraphs (1) through (4)](#c-1..c-4) of subsection (c) in order to place additional [communications equipment or services](/usc/47/1608.md?p=4) on the list published under [subsection (a)](#a) or to remove [communications equipment or services](/usc/47/1608.md?p=4) from such list. If a determination described in any such paragraph that provided the basis for a determination by the [Commission](/usc/47/1608.md?p=3) under [subsection (b)(1)](#b-1) with respect to any [communications equipment or service](/usc/47/1608.md?p=4) is reversed, the [Commission](/usc/47/1608.md?p=3) shall remove such equipment or service from such list, except that the [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=3) under [subsection (b)(1)](#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)](#a) is not updated, the [Commission](/usc/47/1608.md?p=3) 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)](#c-1..c-4) of subsection (c).

# §1602. Prohibition on use of certain Federal subsidies

- (a) **In general—**
  - (1) **Prohibition—** A Federal subsidy that is made available through a [program](/usc/47/1608.md?p=9) administered by the [Commission](/usc/47/1608.md?p=3) and that provides funds to be used for the capital expenditures necessary for the provision of [advanced communications service](/usc/47/1608.md?p=1) may not be used to—
    - (A) purchase, rent, lease, or otherwise obtain any [covered communications equipment or service](/usc/47/1608.md?p=5); or
    - (B) maintain any [covered communications equipment or service](/usc/47/1608.md?p=5) previously purchased, rented, leased, or otherwise obtained.
  - (2) **Timing—** [Paragraph (1)](#a-1) shall apply with respect to any [covered communications equipment or service](/usc/47/1608.md?p=5) beginning on the date that is 60 days after the date on which the [Commission](/usc/47/1608.md?p=3) places such equipment or service on the list required by [section 1601(a) of this title](/usc/47/1601.md?p=a). In the case of any [covered communications equipment or service](/usc/47/1608.md?p=5) 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 March 12, 2020, the [Commission](/usc/47/1608.md?p=3) shall adopt a Report and Order to implement [subsection (a)](#a). If the [Commission](/usc/47/1608.md?p=3) has, before March 12, 2020, taken action that in whole or in part implements [subsection (a)](#a), the [Commission](/usc/47/1608.md?p=3) is not required to revisit such action, but only to the extent such action is consistent with this section.

# §1603. Secure and Trusted Communications Networks Reimbursement Program

- (a) **In general—** The [Commission](/usc/47/1608.md?p=3) shall establish a reimbursement [program](/usc/47/1608.md?p=9), to be known as the “Secure and Trusted Communications Networks Reimbursement [Program](/usc/47/1608.md?p=9)”, to make reimbursements to providers of [advanced communications service](/usc/47/1608.md?p=1) to replace [covered communications equipment or services](/usc/47/1608.md?p=5).
- (b) **Eligibility—** The [Commission](/usc/47/1608.md?p=3) may not make a reimbursement under the [Program](/usc/47/1608.md?p=9) to a [provider of advanced communications service](/usc/47/1608.md?p=10) unless the provider—
  - (1) has 10,000,000 or fewer [customers](/usc/47/1608.md?p=6); and
  - (2) makes all of the certifications required by [subsection (d)(4)](#d-4).
- (c) **Use of funds—**
  - (1) **In general—** A [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) shall use [reimbursement funds](/usc/47/1608.md?p=12) solely for the purposes of—
    - (A) permanently removing [covered communications equipment or services](/usc/47/1608.md?p=5) purchased, rented, leased, or otherwise obtained—
      - (i) as defined in the Report and Order of the [Commission](/usc/47/1608.md?p=3) in the matter of Protecting Against National Security Threats to the Communications Supply Chain Through FCC [Programs](/usc/47/1608.md?p=9) (FCC 19–121; WC Docket No. 18–89; adopted November 22, 2019) (in this section referred to as the “Report and Order”); or
      - (ii) as determined to be covered by both the process of the Report and Order and the Designation Orders of the [Commission](/usc/47/1608.md?p=3) on June 30, 2020 (DA 20–690; PS Docket No. 19–351; adopted June 30, 2020) (DA 20–691; PS Docket No. 19–352; adopted June 30, 2020) (in this section collectively referred to as the “Designation Orders”);
    - (B) replacing the [covered communications equipment or services](/usc/47/1608.md?p=5) removed as described in [subparagraph (A)](#c-1-A) with [communications equipment or services](/usc/47/1608.md?p=4) that are not [covered communications equipment or services](/usc/47/1608.md?p=5); and
    - (C) disposing of the [covered communications equipment or services](/usc/47/1608.md?p=5) removed as described in [subparagraph (A)](#c-1-A) in accordance with the requirements under [subsection (d)(7)](#d-7).
  - (2) **Limitations—** A [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) may not—
    - (A) use [reimbursement funds](/usc/47/1608.md?p=12) to remove, replace, or dispose of any [covered communications equipment or service](/usc/47/1608.md?p=5) purchased, rented, leased, or otherwise obtained on or after—
      - (i) publication of the Report and Order; or
      - (ii) in the case of covered communications equipment that only became covered pursuant to the Designation Orders, June 30, 2020; or
    - (B) purchase, rent, lease, or otherwise obtain any [covered communications equipment or service](/usc/47/1608.md?p=5), using [reimbursement funds](/usc/47/1608.md?p=12) or any other funds (including funds derived from private sources).
- (d) **Implementation—**
  - (1) **Suggested replacements—**
    - (A) **Development of list—** The [Commission](/usc/47/1608.md?p=3) 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)](#d-1-A) shall be technology neutral and may not advantage the use of [reimbursement funds](/usc/47/1608.md?p=12) for capital expenditures over operational expenditures, to the extent that the [Commission](/usc/47/1608.md?p=3) determines that communications services can serve as an adequate substitute for the installation of communications equipment.
  - (2) **Application process—**
    - (A) **In general—** The [Commission](/usc/47/1608.md?p=3) shall develop an application process and related forms and materials for the [Program](/usc/47/1608.md?p=9).
    - (B) **Cost estimate—**
      - (i) **Initial estimate—** The [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=3) may require an applicant to—
        - (I) update the initial reimbursement cost estimate submitted under [clause (i)](#d-2-B-i); and
        - (II) submit additional supporting materials substantiating an updated cost estimate submitted under [subclause (I)](#d-2-B-ii-I).
    - (C) **Mitigation of burden—** In developing the application process under this paragraph, the [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=9).
  - (3) **Application review process—**
    - (A) **Deadline—**
      - (i) **In general—** Except as provided in [clause (ii)](#d-3-A-ii) and [subparagraph (B)](#d-3-B), the [Commission](/usc/47/1608.md?p=3) shall approve or deny an application for a reimbursement under the [Program](/usc/47/1608.md?p=9) not later than 90 days after the date of the submission of the application.
      - (ii) **Additional time needed by Commission—** If the [Commission](/usc/47/1608.md?p=3) determines that, because an excessive number of applications have been filed at one time, the [Commission](/usc/47/1608.md?p=3) needs additional time for employees of the [Commission](/usc/47/1608.md?p=3) to process the applications, the [Commission](/usc/47/1608.md?p=3) may extend the deadline described in [clause (i)](#d-3-A-i) for not more than 45 days.
    - (B) **Opportunity for applicant to cure deficiency—** If the [Commission](/usc/47/1608.md?p=3) determines that an application is materially deficient (including by lacking an adequate cost estimate or adequate supporting materials), the [Commission](/usc/47/1608.md?p=3) 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)](#d-3-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](/usc/47/1608.md?p=9) shall not preclude the applicant from resubmitting the application or submitting a new application for a reimbursement under the [Program](/usc/47/1608.md?p=9) at a later date.
  - (4) **Certifications—** An applicant for a reimbursement under the [Program](/usc/47/1608.md?p=9) shall, in the application of the applicant, certify to the [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=5) 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)](#d-4-A-i-I) in accordance with the requirements under [paragraph (7)](#d-7); and
      - (ii) has developed a specific timeline (subject to [paragraph (6)](#d-6)) for the permanent removal, replacement, and disposal of the [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [clause (i)](#d-4-A-i), which timeline shall be submitted to the [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=5), using [reimbursement funds](/usc/47/1608.md?p=12) 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—** Subject to [subparagraph (C)](#d-5-C), the [Commission](/usc/47/1608.md?p=3) shall make reasonable efforts to ensure that [reimbursement funds](/usc/47/1608.md?p=12) are distributed equitably among all applicants for reimbursements under the [Program](/usc/47/1608.md?p=9) 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](/usc/47/1608.md?p=9), the [Commission](/usc/47/1608.md?p=3) determines that $1,000,000,000 will not be sufficient to fully fund all approved applications for reimbursements under the [Program](/usc/47/1608.md?p=9), the [Commission](/usc/47/1608.md?p=3) 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.
    - (C) **Priority for allocation—** On and after December 27, 2020, the [Commission](/usc/47/1608.md?p=3) shall allocate sufficient [reimbursement funds](/usc/47/1608.md?p=12)—
      - (i) first, to approved applicants that have 2,000,000 or fewer [customers](/usc/47/1608.md?p=6), for removal and replacement of covered communications equipment, as defined in [section 1608 of this title](/usc/47/1608.md) or as designated by the process set forth in the Report and Order;
      - (ii) after funds have been allocated to all applicants described in [clause (i)](#d-5-C-i), to approved applicants that are accredited public or private non-commercial educational institutions providing their own facilities-based educational broadband service, as defined in [section 27.4 of title 47, Code of Federal Regulations](/cfr/47/27.4.md), or any successor regulation, for removal and replacement of covered communications equipment, as defined in [section 1608 of this title](/usc/47/1608.md) or as designated by the process set forth in the Report and Order; and
      - (iii) after funds have been allocated to all applicants described in [clause (ii)](#d-5-C-ii), to any remaining approved applicants determined to be eligible for reimbursement under the [Program](/usc/47/1608.md?p=9).
  - (6) **Removal, replacement, and disposal term—**
    - (A) **Deadline—** Except as provided in subparagraphs [(B)](#d-6-B) and [(C)](#d-6-C), the permanent removal, replacement, and disposal of any [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [paragraph (4)(A)(i)](#d-4-A-i) shall be completed not later than 1 year after the date on which the [Commission](/usc/47/1608.md?p=3) distributes [reimbursement funds](/usc/47/1608.md?p=12) to the [recipient](/usc/47/1608.md?p=11).
    - (B) **General extension—** The [Commission](/usc/47/1608.md?p=3) may grant an extension of the deadline described in [subparagraph (A)](#d-6-A) for 6 months to all [recipients](/usc/47/1608.md?p=11) of reimbursements under the [Program](/usc/47/1608.md?p=9) if the [Commission](/usc/47/1608.md?p=3)—
      - (i) finds that the supply of replacement [communications equipment or services](/usc/47/1608.md?p=4) needed by the [recipients](/usc/47/1608.md?p=11) to achieve the purposes of the [Program](/usc/47/1608.md?p=9) is inadequate to meet the needs of the [recipients](/usc/47/1608.md?p=11); 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](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) may petition the [Commission](/usc/47/1608.md?p=3) for an extension for such [recipient](/usc/47/1608.md?p=11) of the deadline described in [subparagraph (A)](#d-6-A) or, if the [Commission](/usc/47/1608.md?p=3) has granted an extension of such deadline under [subparagraph (B)](#d-6-B), such deadline as so extended.
      - (ii) **Grant—** The [Commission](/usc/47/1608.md?p=3) may grant a petition filed under [clause (i)](#d-6-C-i) by extending, for the [recipient](/usc/47/1608.md?p=11) that filed the petition, the deadline described in [subparagraph (A)](#d-6-A) or, if the [Commission](/usc/47/1608.md?p=3) has granted an extension of such deadline under [subparagraph (B)](#d-6-B), such deadline as so extended, for a period of not more than 6 months if the [Commission](/usc/47/1608.md?p=3) finds that, due to no fault of such [recipient](/usc/47/1608.md?p=11), such [recipient](/usc/47/1608.md?p=11) is unable to complete the permanent removal, replacement, and disposal described in [subparagraph (A)](#d-6-A).
  - (7) **Disposal of covered communications equipment or services—** The [Commission](/usc/47/1608.md?p=3) shall include in the regulations promulgated under [subsection (g)](#g) requirements for the disposal by a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) of [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [paragraph (4)(A)(i)](#d-4-A-i) and removed from the network of the [recipient](/usc/47/1608.md?p=11) in order to prevent such equipment or services from being used in the networks of providers of [advanced communications service](/usc/47/1608.md?p=1).
  - (8) **Status updates—**
    - (A) **In general—** Not less frequently than once every 90 days beginning on the date on which the [Commission](/usc/47/1608.md?p=3) approves an application for a reimbursement under the [Program](/usc/47/1608.md?p=9), the [recipient](/usc/47/1608.md?p=11) of the reimbursement shall submit to the [Commission](/usc/47/1608.md?p=3) a status update on the work of the [recipient](/usc/47/1608.md?p=11) to permanently remove, replace, and dispose of the [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [paragraph (4)(A)(i)](#d-4-A-i).
    - (B) **Public posting—** Not earlier than 30 days after the date on which the [Commission](/usc/47/1608.md?p=3) receives a status update under [subparagraph (A)](#d-8-A), the [Commission](/usc/47/1608.md?p=3) shall make such status update public on the website of the [Commission](/usc/47/1608.md?p=3).
    - (C) **Reports to Congress—** Not less frequently than once every 180 days beginning on the date on which the [Commission](/usc/47/1608.md?p=3) first makes funds available to a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9), the [Commission](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=9) by the [Commission](/usc/47/1608.md?p=3); and
      - (ii) the work by [recipients](/usc/47/1608.md?p=11) of reimbursements under the [Program](/usc/47/1608.md?p=9) to permanently remove, replace, and dispose of [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [paragraph (4)(A)(i)](#d-4-A-i).
- (e) **Measures to avoid waste, fraud, and abuse—**
  - (1) **In general—** The [Commission](/usc/47/1608.md?p=3) shall take all necessary steps to avoid waste, fraud, and abuse with respect to the [Program](/usc/47/1608.md?p=9).
  - (2) **Spending reports—** The [Commission](/usc/47/1608.md?p=3) shall require [recipients](/usc/47/1608.md?p=11) of reimbursements under the [Program](/usc/47/1608.md?p=9) to submit to the [Commission](/usc/47/1608.md?p=3) on a regular basis reports regarding how [reimbursement funds](/usc/47/1608.md?p=12) have been spent, including detailed accounting of the [covered communications equipment or services](/usc/47/1608.md?p=5) permanently removed and disposed of, and the replacement equipment or services purchased, rented, leased, or otherwise obtained, using [reimbursement funds](/usc/47/1608.md?p=12).
  - (3) **Audits, reviews, and field investigations—** The [Commission](/usc/47/1608.md?p=3) shall conduct—
    - (A) regular audits and reviews of reimbursements under the [Program](/usc/47/1608.md?p=9) to confirm that [recipients](/usc/47/1608.md?p=11) of such reimbursements are complying with this chapter; and
    - (B) random field investigations to ensure that [recipients](/usc/47/1608.md?p=11) of reimbursements under the [Program](/usc/47/1608.md?p=9) are performing the work such [recipients](/usc/47/1608.md?p=11) are required to perform under the commitments made in the applications of such [recipients](/usc/47/1608.md?p=11) for reimbursements under the [Program](/usc/47/1608.md?p=9), including the permanent removal, replacement, and disposal of the [covered communications equipment or services](/usc/47/1608.md?p=5) identified under [subsection (d)(4)(A)(i)](#d-4-A-i).
  - (4) **Final certification—**
    - (A) **In general—** The [Commission](/usc/47/1608.md?p=3) shall require a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) to submit to the [Commission](/usc/47/1608.md?p=3), in a form and at an appropriate time to be determined by the [Commission](/usc/47/1608.md?p=3), a certification stating that the [recipient](/usc/47/1608.md?p=11)—
      - (i) has fully complied with (or is in the process of complying with) all terms and conditions of the [Program](/usc/47/1608.md?p=9);
      - (ii) has fully complied with (or is in the process of complying with) the commitments made in the application of the [recipient](/usc/47/1608.md?p=11) for the reimbursement;
      - (iii) has permanently removed from the communications network of the [recipient](/usc/47/1608.md?p=11), replaced, and disposed of (or is in the process of permanently removing, replacing, and disposing of) all [covered communications equipment or services](/usc/47/1608.md?p=5) that were in the network of the [recipient](/usc/47/1608.md?p=11) as of the date of the submission of the application of the [recipient](/usc/47/1608.md?p=11) for the reimbursement; and
      - (iv) has fully complied with (or is in the process of complying with) the timeline submitted by the [recipient](/usc/47/1608.md?p=11) under [subparagraph (A)(ii)](#e-4-A-ii) of paragraph (4) of [subsection (d)](#d) and the other requirements of such paragraph.
    - (B) **Updated certification—** If, at the time when a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) submits a certification under [subparagraph (A)](#e-4-A), the [recipient](/usc/47/1608.md?p=11) has not fully complied as described in clause [(i)](#e-4-A-i), [(ii)](#e-4-A-ii), or [(iv)](#e-4-A-iv) of such subparagraph or has not completed the permanent removal, replacement, and disposal described in [clause (iii)](#e-4-A-iii) of such subparagraph, the [Commission](/usc/47/1608.md?p=3) shall require the [recipient](/usc/47/1608.md?p=11) to file an updated certification when the [recipient](/usc/47/1608.md?p=11) has fully complied as described in such clause [(i)](#e-4-A-i), [(ii)](#e-4-A-ii), or [(iv)](#e-4-A-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](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) submits the application for the reimbursement, any [covered communications equipment or service](/usc/47/1608.md?p=5) that is in the network of the [recipient](/usc/47/1608.md?p=11) as of such date is removed from the list published under [section 1601(a) of this title](/usc/47/1601.md?p=a), the [recipient](/usc/47/1608.md?p=11) may—
    - (A) return to the [Commission](/usc/47/1608.md?p=3) any [reimbursement funds](/usc/47/1608.md?p=12) 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](/usc/47/1608.md?p=12) 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 1601(a) of this title](/usc/47/1601.md?p=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](/usc/47/1608.md?p=11) returns to the [Commission](/usc/47/1608.md?p=3) [reimbursement funds](/usc/47/1608.md?p=12) under [paragraph (1)(A)](#f-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 March 12, 2020, the [Commission](/usc/47/1608.md?p=3) shall commence a rulemaking to implement this section.
  - (2) **Completion—** The [Commission](/usc/47/1608.md?p=3) shall complete the rulemaking under [paragraph (1)](#g-1) not later than 1 year after March 12, 2020.
- (h) **Rule of construction regarding timing of reimbursement—** Nothing in this section shall be construed to prohibit the [Commission](/usc/47/1608.md?p=3) from making a reimbursement under the [Program](/usc/47/1608.md?p=9) to a [provider of advanced communications service](/usc/47/1608.md?p=10) before the provider incurs the cost of the permanent removal, replacement, and disposal of the [covered communications equipment or service](/usc/47/1608.md?p=5) for which the application of the provider has been approved under this section.
- (i) **Education efforts—** The [Commission](/usc/47/1608.md?p=3) shall engage in education efforts with providers of [advanced communications service](/usc/47/1608.md?p=1) to—
  - (1) encourage such providers to participate in the [Program](/usc/47/1608.md?p=9); and
  - (2) assist such providers in submitting applications for the [Program](/usc/47/1608.md?p=9).
- (j) **Separate from Federal universal service programs—** The [Program](/usc/47/1608.md?p=9) shall be separate from any Federal universal service [program](/usc/47/1608.md?p=9) established under [section 254 of this title](/usc/47/254.md).
- (k) **Limitation—** In carrying out this section, the [Commission](/usc/47/1608.md?p=3) may not expend more than $4,980,000,000.

# §1604. Reports on covered communications equipment or services

- (a) **In general—** Each [provider of advanced communications service](/usc/47/1608.md?p=10) shall submit an annual report to the [Commission](/usc/47/1608.md?p=3), in a form to be determined by the [Commission](/usc/47/1608.md?p=3), regarding whether such provider has purchased, rented, leased, or otherwise obtained any [covered communications equipment or service](/usc/47/1608.md?p=5) on or after—
  - (1) in the case of any [covered communications equipment or service](/usc/47/1608.md?p=5) that is on the initial list published under [section 1601(a) of this title](/usc/47/1601.md?p=a), August 14, 2018; or
  - (2) in the case of any [covered communications equipment or service](/usc/47/1608.md?p=5) that is not on the initial list published under [section 1601(a) of this title](/usc/47/1601.md?p=a), the date that is 60 days after the date on which the [Commission](/usc/47/1608.md?p=3) places such equipment or service on the list required by such section.
- (b) **Rule of construction—** If a [provider of advanced communications service](/usc/47/1608.md?p=10) certifies to the [Commission](/usc/47/1608.md?p=3) that such provider does not have any [covered communications equipment or service](/usc/47/1608.md?p=5) in the network of such provider, such provider is not required to submit a report under [subsection (a)](#a) after making such certification, unless such provider later purchases, rents, leases, or otherwise obtains any [covered communications equipment or service](/usc/47/1608.md?p=5).
- (c) **Justification—** If a [provider of advanced communications service](/usc/47/1608.md?p=10) indicates in a report under [subsection (a)](#a) that such provider has purchased, rented, leased, or otherwise obtained any [covered communications equipment or service](/usc/47/1608.md?p=5) 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](/usc/47/1608.md?p=5) has subsequently been removed and replaced pursuant to [section 1603 of this title](/usc/47/1603.md); 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](/usc/47/1608.md?p=5) and, if so, why.
- (d) **Proceeding—** The [Commission](/usc/47/1608.md?p=3) shall implement this section as part of the rulemaking required by [section 1603(g) of this title](/usc/47/1603.md?p=g).

# §1605. Hold harmless


In the case of a [person](/usc/47/1608.md?p=8) 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](/usc/47/1608.md?p=8) under Connect America Fund Phase II without using equipment or services prohibited under this chapter, such [person](/usc/47/1608.md?p=8) may withdraw the application of such [person](/usc/47/1608.md?p=8) for Connect America Fund Phase II support without being found in default or subject to forfeiture. The [Commission](/usc/47/1608.md?p=3) may set a deadline to make such a withdrawal that is not earlier than the date that is 60 days after March 12, 2020.


# §1606. Enforcement

- (a) **Violations—** A violation of this chapter or a regulation promulgated under this chapter shall be treated as a violation of the Communications Act of 1934 ([47 U.S.C. 151](/usc/47/151.md) et seq.) or a regulation promulgated under such Act, respectively. The [Commission](/usc/47/1608.md?p=3) shall enforce this chapter and the regulations promulgated under this chapter 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 chapter.
- (b) **Additional penalties—**
  - (1) **In general—** Except as provided in [paragraph (2)](#b-2), in addition to penalties under the Communications Act of 1934, a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) found to have violated [section 1603 of this title](/usc/47/1603.md), the regulations promulgated under such section, or the commitments made by the [recipient](/usc/47/1608.md?p=11) in the application for the reimbursement—
    - (A) shall repay to the [Commission](/usc/47/1608.md?p=3) all [reimbursement funds](/usc/47/1608.md?p=12) provided to the [recipient](/usc/47/1608.md?p=11) under the [Program](/usc/47/1608.md?p=9);
    - (B) shall be barred from further participation in the [Program](/usc/47/1608.md?p=9);
    - (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](/usc/47/1608.md?p=3) from participation in other [programs](/usc/47/1608.md?p=9) of the [Commission](/usc/47/1608.md?p=3), including the Federal universal service support [programs](/usc/47/1608.md?p=9) established under section 254 of the Communications Act of 1934 ([47 U.S.C. 254](/usc/47/254.md)).
  - (2) **Notice and opportunity to cure—** The penalties described in [paragraph (1)](#b-1) shall not apply to a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) unless—
    - (A) the [Commission](/usc/47/1608.md?p=3) provides the [recipient](/usc/47/1608.md?p=11) with notice of the violation; and
    - (B) the [recipient](/usc/47/1608.md?p=11) fails to cure the violation within 180 days after the [Commission](/usc/47/1608.md?p=3) provides such notice.
- (c) **Recovery of funds—** The [Commission](/usc/47/1608.md?p=3) shall immediately take action to recover all [reimbursement funds](/usc/47/1608.md?p=12) awarded to a [recipient](/usc/47/1608.md?p=11) of a reimbursement under the [Program](/usc/47/1608.md?p=9) in any case in which such [recipient](/usc/47/1608.md?p=11) is required to repay [reimbursement funds](/usc/47/1608.md?p=12) under [subsection (b)(1)(A)](#b-1-A).

# §1607. NTIA program for preventing future vulnerabilities

- (a) **Future vulnerability program—**
  - (1) **Establishment—** Not later than 120 days after March 12, 2020, including an opportunity for notice and comment, the [Assistant Secretary](#c-1), in cooperation with the Director of National Intelligence, the Director of the Federal Bureau of Investigation, the Secretary of Homeland Security, and the [Commission](/usc/47/1608.md?p=3), shall establish a [program](/usc/47/1608.md?p=9) to share information regarding [supply chain security risks](#c-3) with [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4).
  - (2) **Activities—** In carrying out the [program](/usc/47/1608.md?p=9) established under [paragraph (1)](#a-1), the [Assistant Secretary](#c-1) shall—
    - (A) conduct regular briefings and other events to share information with [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4);
    - (B) engage with [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4), in particular such providers and suppliers that—
      - (i) are small businesses; or
      - (ii) primarily serve rural areas;
    - (C) not later than 180 days after March 12, 2020, 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](#c-3) with [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4); and
      - (ii) expediting and expanding the provision of security clearances to facilitate information sharing regarding [supply chain security risks](#c-3) with [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4); and
    - (D) ensure that the activities carried out through the [program](/usc/47/1608.md?p=9) 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](/usc/47/1608.md?p=9) established under [paragraph (1)](#a-1) shall involve only the sharing of information regarding [supply chain security risks](#c-3) by the Federal Government to [trusted](#c-4) providers of [advanced communications service](/usc/47/1608.md?p=1) and [trusted](#c-4) suppliers of [communications equipment or services](/usc/47/1608.md?p=4), 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](/usc/47/1608.md?p=3) 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](/usc/47/1608.md?p=3) shall make the initial appointments required by [paragraph (1)](#b-1) not later than 180 days after March 12, 2020. 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 March 12, 2020.
- (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](/usc/47/1608.md?p=8) engaged in a long-term pattern or serious instances of conduct significantly adverse to the national security of the [United States](/usc/47/38.md) or security and safety of [United States](/usc/47/38.md) [persons](/usc/47/1608.md?p=8).
  - (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](/usc/47/1608.md?p=10) or a supplier of [communications equipment or service](/usc/47/1608.md?p=4), that the [Assistant Secretary](#c-1) has determined that such provider or supplier is not owned by, controlled by, or subject to the influence of a [foreign adversary](#c-2).

# §1608. Definitions


In this chapter:

- (1) **Advanced communications service—** The term “advanced communications service” has the meaning given the term “advanced telecommunications capability” in [section 1302 of this title](/usc/47/1302.md).
- (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](/usc/47/1471.md?p=3) 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](#1).
- (5) **Covered communications equipment or service—** The term “covered communications equipment or service” means any [communications equipment or service](#4) that is on the list published by the [Commission](#3) under [section 1601(a) of this title](/usc/47/1601.md?p=a).
- (6) **Customers—** The term “customers” means, with respect to a [provider of advanced communications service](#10)—
  - (A) the [customers](#6) of such provider; and
  - (B) the [customers](#6) of any [affiliate](/usc/47/273.md?p=d-8-A) (as defined in [section 153 of this title](/usc/47/153.md)) 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 1603(a) of this title](/usc/47/1603.md?p=a).
- (10) **Provider of advanced communications service—** The term “provider of advanced communications service”—
  - (A) means a [person](#8) who provides [advanced communications service](#1) to [United States](/usc/47/38.md) [customers](#6); and
  - (B) includes—
    - (i) accredited public or private noncommercial educational institutions, providing their own facilities-based educational broadband service, as defined in [section 27.4 of title 47, Code of Federal Regulations](/cfr/47/27.4.md), or any successor regulation; and
    - (ii) health care providers and libraries providing [advanced communications service](#1).
- (11) **Recipient—** The term “recipient” means any [provider of advanced communications service](#10) the application of which for a reimbursement under the [Program](#9) has been approved by the [Commission](#3), regardless of whether the provider has received [reimbursement funds](#12).
- (12) **Reimbursement funds—** The term “reimbursement funds” means any reimbursement received under the [Program](#9).

# §1609. Severability


If any provision of this chapter, or the application of such a provision to any [person](/usc/47/1608.md?p=8) or circumstance, is held to be unconstitutional, the remaining provisions of this chapter, and the application of such provisions to any [person](/usc/47/1608.md?p=8) or circumstance, shall not be affected thereby.