[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3189 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3189
To use proceeds from spectrum auctions to support supply chain
innovation and multilateral security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 14, 2020
Mr. Warner (for himself, Mr. Burr, Mr. Rubio, Mr. Menendez, Mr. Cornyn,
and Mr. Bennet) introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To use proceeds from spectrum auctions to support supply chain
innovation and multilateral security.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. DEFINITIONS.
In this Act:
(1) 3GPP.--The term ``3GPP'' means the Third Generation
Partnership Project.
(2) 5G network.--The term ``5G network'' means a radio
network as described by 3GPP Release 15 or higher.
(3) Commission.--The term ``Commission'' means the Federal
Communications Commission.
(4) NTIA administrator.--The term ``NTIA Administrator''
means the Assistant Secretary of Commerce for Communications
and Information.
(5) O-RAN.--The term ``O-RAN'' means the Open Radio Access
Network approach to standardization adopted by the O-RAN
Alliance, Telecom Infra Project, or 3GPP, or any similar set of
open standards for multi-vendor network equipment
interoperability.
(6) Relevant committees of congress.--The term ``relevant
committees of Congress'' means--
(A) the Select Committee on Intelligence of the
Senate;
(B) the Committee on Foreign Relations of the
Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Armed Services of the Senate;
(E) the Committee on Commerce, Science, and
Transportation of the Senate;
(F) the Permanent Select Committee on Intelligence
of the House of Representatives;
(G) the Committee on Foreign Affairs of the House
of Representatives;
(H) the Committee on Homeland Security of the House
of Representatives;
(I) the Committee on Armed Services of the House of
Representatives; and
(J) the Committee on Energy and Commerce of the
House of Representatives.
SEC. 2. COMMUNICATIONS TECHNOLOGY SECURITY FUNDS.
(a) Use of Spectrum Auction Proceeds.--Notwithstanding section
309(j)(8)(A) of the Communications Act of 1934 (47 U.S.C. 309(j)(8)(A))
or any other provision of law, with respect to any proceeds from the
use of a competitive bidding system by the Commission to grant a
license, permit, or other rights for the use of electromagnetic
spectrum during the 5-year period beginning on the date of this Act
that would otherwise be deposited in the Treasury, the Commission shall
deposit--
(1) 5 percent of the proceeds or $750,000,000, whichever is
greater, in the Public Wireless Supply Chain Innovation Fund
established under subsection (b) of this section; and
(2) $500,000,000 in the Multilateral Telecommunications
Security Fund established under subsection (c) of this section.
(b) Public Wireless Supply Chain Innovation Fund.--
(1) Establishment.--
(A) In general.--There is established in the
Treasury of the United States a trust fund to be known
as the ``Public Wireless Supply Chain Innovation Fund''
(referred to in this subsection as the ``R&D Fund'').
(B) Availability.--
(i) In general.--Amounts deposited in the
R&D Fund shall remain available through the end
of the tenth fiscal year beginning after the
date of enactment of this Act.
(ii) Remainder to treasury.--Any amounts
remaining in the R&D Fund after the end of the
tenth fiscal year beginning after the date of
enactment of this Act shall be deposited in the
general fund of the Treasury.
(2) Borrowing authority.--
(A) In general.--The NTIA Administrator may borrow
from the Treasury of the United States an amount not to
exceed $750,000,000 to use for grants under this
subsection.
(B) Deposit of funds.--Any amounts borrowed under
subparagraph (A) shall be deposited in the R&D Fund.
(3) Use of fund.--
(A) Grants.--
(i) In general.--Except as provided in
subparagraph (B), amounts deposited in the R&D
Fund shall be available to the NTIA
Administrator to make grants under this
subsection in such amounts as the NTIA
Administrator determines appropriate, subject
to clause (ii) of this subparagraph.
(ii) Limitation on grant amounts.--The
amount of a grant awarded under this subsection
to a recipient for a specific research focus
area may not exceed $20,000,000.
(B) Reimbursement of treasury.--As proceeds are
deposited in the R&D Fund under subsection (a)(1), the
Commission shall first use those proceeds to reimburse
the general fund of the Treasury for any amounts
borrowed under paragraph (2)(A) of this subsection.
(4) Administration of fund.--The NTIA Administrator, in
consultation with the Commission, the Director of the National
Institute of Standards and Technology, the Secretary of
Homeland Security, the Director of the Defense Advanced
Research Projects Agency (commonly known as ``DARPA''), and the
Director of the Intelligence Advanced Research Projects
Activity of the Office of the Director of National
Intelligence, shall establish criteria for grants awarded under
this subsection, and administer the R&D Fund, to support
research and the commercial application of that research,
including in the following areas:
(A) Promoting the development of technology,
including software, hardware, and microprocessing
technology, that will enhance competitiveness in the
fifth-generation (commonly known as ``5G'') and
successor wireless technology supply chains.
(B) Accelerating development and deployment of open
interface standards-based compatible, interoperable
equipment, such as equipment developed pursuant to the
standards set forth by organizations such as the O-RAN
Alliance, the Telecom Infra Project, 3GPP, the O-RAN
Software Community, or any successor organizations.
(C) Promoting compatibility of new 5G equipment
with future open standards-based, interoperable
equipment.
(D) Managing integration of multi-vendor network
environments.
(E) Objective criteria to define equipment as
compliant with open standards for multi-vendor network
equipment interoperability.
(F) Promoting development and inclusion of security
features enhancing the integrity and availability of
equipment in multi-vendor networks.
(G) Promoting the application of network function
virtualization to facilitate multi-vendor
interoperability and a more diverse vendor market.
(5) Timing.--Not later than 1 year after the date of
enactment of this Act, the NTIA Administrator shall begin
awarding grants under this subsection.
(6) Federal advisory body.--
(A) Establishment.--The NTIA Administrator shall
establish a Federal advisory committee, in accordance
with the Federal Advisory Committee Act (5 U.S.C.
App.), composed of government and private sector
experts, to advise the NTIA Administrator on the
administration of the R&D Fund.
(B) Composition.--The advisory committee
established under subparagraph (A) shall be composed
of--
(i) representatives from--
(I) the Commission;
(II) the Defense Advanced Research
Projects Administration;
(III) the Intelligence Advanced
Research Projects Activity of the
Office of the Director of National
Intelligence;
(IV) the National Institute of
Standards and Technology;
(V) the Department of State;
(VI) the National Science
Foundation; and
(VII) the Department of Homeland
Security; and
(ii) other representatives from the private
and public sectors, at the discretion of the
NTIA Administrator.
(C) Duties.--The advisory committee established
under subparagraph (A) shall advise the NTIA
Administrator on technology developments to help
inform--
(i) the strategic direction of the R&D
Fund; and
(ii) efforts of the Federal Government to
promote a more secure, diverse, sustainable,
and competitive supply chain.
(7) Reports to congress.--
(A) Initial report.--Not later than 180 days after
the date of enactment of this Act, the NTIA
Administrator shall submit to the relevant committees
of Congress a report with--
(i) additional recommendations on promoting
the competitiveness and sustainability of
trusted suppliers in the wireless supply chain;
and
(ii) any additional authorities needed to
facilitate the timely adoption of open
standards-based equipment, including authority
to provide loans, loan guarantees, and other
forms of credit extension that would maximize
the use of designated funds.
(B) Annual report.--For each fiscal year for which
amounts in the R&D Fund are available under this
subsection, the NTIA Administrator shall submit to
Congress a report that--
(i) describes how, and to whom, amounts in
the R&D Fund have been deployed;
(ii) details the progress of the NTIA
Administrator in meeting the objectives
described in paragraph (4); and
(iii) includes any additional information
that the NTIA Administrator determines
appropriate.
(c) Multilateral Telecommunications Security Fund.--
(1) Establishment of fund.--
(A) In general.--There is established in the
Treasury of the United States a trust fund to be known
as the ``Multilateral Telecommunications Security
Fund''.
(B) Use of fund.--Amounts deposited in the
Multilateral Telecommunications Security Fund shall be
available to the Secretary of State to make
expenditures under this subsection in such amounts as
the Secretary of State determines appropriate.
(C) Availability.--
(i) In general.--Amounts deposited in the
Multilateral Telecommunications Security Fund--
(I) shall remain available through
the end of the tenth fiscal year
beginning after the date of enactment
of this Act; and
(II) may only be allocated upon the
Secretary of State reaching an
agreement with foreign government
partners to participate in the common
funding mechanism described in
paragraph (2).
(ii) Remainder to treasury.--Any amounts
remaining in the Multilateral
Telecommunications Security Fund after the end
of the tenth fiscal year beginning after the
date of enactment of this Act shall be
deposited in the general fund of the Treasury.
(2) Administration of fund.--The Secretary of State, in
consultation with the NTIA Administrator, the Secretary of
Homeland Security, the Secretary of the Treasury, the Director
of National Intelligence, and the Commission, shall establish a
common funding mechanism, in coordination with foreign
partners, that uses amounts from the Multilateral
Telecommunications Security Fund to support the development and
adoption of secure and trusted telecommunications technologies.
(3) Annual report to congress.--Not later than 1 year after
the date of enactment of this Act, and annually thereafter for
each fiscal year during which amounts in the Multilateral
Telecommunications Security Fund are available, the Secretary
of State shall submit to the relevant committees of Congress a
report on the status and progress of the funding mechanism
established under paragraph (2), including--
(A) any funding commitments from foreign partners,
including each specific amount committed;
(B) governing criteria for use of the Multilateral
Telecommunications Security Fund;
(C) an account of--
(i) how, and to whom, funds have been
deployed;
(ii) amounts remaining in the Multilateral
Telecommunications Security Fund; and
(iii) the progress of the Secretary of
State in meeting the objective described in
paragraph (2); and
(D) additional authorities needed to enhance the
effectiveness of the Multilateral Telecommunications
Security Fund in achieving the security goals of the
United States.
SEC. 3. PROMOTING UNITED STATES LEADERSHIP IN INTERNATIONAL
ORGANIZATIONS AND COMMUNICATIONS STANDARDS-SETTING
BODIES.
(a) In General.--The Secretary of State, the Secretary of Commerce,
and the Chairman of the Commission, or their designees, shall
prioritize the use of Federal funds to enhance representation of the
United States at international forums that set standards for 5G
networks and for future generations of wireless communications
networks, including--
(1) the International Telecommunication Union (commonly
known as ``ITU'');
(2) the International Organization for Standardization
(commonly known as ``ISO'');
(3) the Inter-American Telecommunications Commission
(commonly known as ``CITEL''); and
(4) the voluntary standards organizations that develop
protocols for wireless devices and other equipment, such as the
3GPP and the Institute of Electrical and Electronics Engineers
(commonly known as ``IEEE'').
(b) Annual Report.--The Secretary of State, the Secretary of
Commerce, and the Chairman of the Commission shall jointly submit to
the relevant committees of Congress an annual report on the progress
made under subsection (a).
SEC. 4. HARMONIZATION.
Without unduly constraining the leadership of the United States in
spectrum allocations and services, to the extent practicable and
consistent with other provisions of law, the Commission and the NTIA
Administrator shall seek to harmonize new spectrum allocations with
global spectrum allocations that can be used for deployment of 5G
networks or successor technologies to--
(1) ensure international coordination of policies;
(2) promote greater economies of scale in the domestic and
international market for secure and resilient communications
network equipment; and
(3) incentivize more efficient use of spectrum.
SEC. 5. COMPATIBILITY WITH OPEN NETWORK ARCHITECTURES.
(a) Development of Criteria.--
(1) In general.--The Commission shall establish a
requirement, as part of the equipment authorization program of
the Commission, to obtain a certification that advanced mobile
network equipment is in compliance with O-RAN network
architectures.
(2) Private sector testing and certification.--A
certification described in paragraph (1) may be obtained
through appropriate private sector testing and certification
programs.
(3) Independent testing laboratories.--The Commission, in
consultation with the National Institute of Standards and
Technology, may establish qualifications for independent
testing laboratories to certify compliance of advanced mobile
network equipment under paragraph (1).
(b) Condition on Funding.--The Commission may not provide any
amounts to support the purchase of 5G network equipment to replace
unsecure equipment or services provided by any company posing a
national security threat to integrity of communications networks or the
communications supply chain, as identified by the Commission through
the process under section 54.9 of title 47, Code of Federal
Regulations, unless the recipient submits to the Commission a plan to
begin, within 7 years, to transition to open standards-based compatible
equipment, such as equipment developed pursuant to the standards set
forth by organizations such as the O-RAN Alliance, the Telecom Infra
Project, 3GPP, or any successor organizations, to ensure forward
compatibility and open, multi-vendor network equipment
interoperability.
<all>
A bill to use proceeds from spectrum auctions to support supply chain innovation and multilateral security.
#3189 | S Congress #116
Policy Area: Science, Technology, Communications
Subjects: Advisory bodiesCompetitiveness, trade promotion, trade deficitsComputers and information technologyCongressional oversightDepartment of CommerceExecutive agency funding and structureGovernment trust fundsInternational organizations and cooperationLicensing and registrationsManufacturingRadio spectrum allocationResearch administration and fundingResearch and developmentTelephone and wireless communication
Last Action: Read twice and referred to the Committee on Commerce, Science, and Transportation. (1/14/2020)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text