47 U.S.C. § 1606 — Enforcement

Page 466 TITLE 47—TELECOMMUNICATIONS § 1604 § 1604. Reports on covered communications equipment or services (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 ob- tained any covered communications equipment or service on or after— (1) in the case of any covered communica- tions equipment or service that is on the ini- tial list published under section 1601(a) of this title, August 14, 2018; or (2) in the case of any covered communica- tions equipment or service that is not on the initial list published under section 1601(a) of this title, 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 communica- tions equipment or service in the network of such provider, such provider is not required to submit a report under subsection (a) after mak- ing such certification, unless such provider later purchases, rents, leases, or otherwise obtains any covered communications equipment or serv- ice. (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 communica- tions 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 sub- sequently been removed and replaced pursuant to section 1603 of this title; and (3) information about whether such provider plans to continue to purchase, rent, lease, or otherwise obtain, or install or use, such cov- ered communications equipment or service and, if so, why. (d) Proceeding The Commission shall implement this section as part of the rulemaking required by section 1603(g) of this title. (Pub. L. 116–124, § 5, Mar. 12, 2020, 134 Stat. 166.) § 1605. Hold harmless 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 in- ability 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 chapter, such person may withdraw the application of such person for Connect America Fund Phase II sup- port 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 March 12, 2020. (Pub. L. 116–124, § 6, Mar. 12, 2020, 134 Stat. 167.) § 1606. Enforcement (a) Violations A violation of this chapter or a regulation pro- mulgated under this chapter shall be treated as a violation of the Communications Act of 1934 (47 U.S.C. 151 et seq.) or a regulation promul- gated under such Act, respectively. The Com- mission shall enforce this chapter and the regu- lations 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 Com- munications 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), in addi- tion to penalties under the Communications Act of 1934, a recipient of a reimbursement under the Program found to have violated sec- tion 1603 of this title, the regulations promul- gated under such section, or the commitments made by the recipient in the application for the reimbursement— (A) shall repay to the Commission all re- imbursement funds provided to the recipient under the Program; (B) shall be barred from further participa- tion 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 Com- mission, 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 reimburse- ment 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 pro- vides such notice. (c) Recovery of funds The Commission shall immediately take ac- tion to recover all reimbursement funds awarded to a recipient of a reimbursement under the Pro- gram in any case in which such recipient is re- quired to repay reimbursement funds under sub- section (b)(1)(A). (Pub. L. 116–124, § 7, Mar. 12, 2020, 134 Stat. 167.) Editorial Notes REFERENCES IN TEXT The Communications Act of 1934, referred to in sub- secs. (a) and (b)(1), is act June 19, 1934, ch. 652, 48 Stat. Page 467 TITLE 47—TELECOMMUNICATIONS § 1608 1064, which is classified principally to chapter 5 (§ 151 et seq.) of this title. For complete classification of this Act to the Code, see section 609 of this title and Tables. § 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 com- ment, the Assistant Secretary, in cooperation with the Director of National Intelligence, the Director of the Federal Bureau of Investiga- tion, the Secretary of Homeland Security, and the Commission, shall establish a program to share information regarding supply chain se- curity risks with trusted providers of ad- vanced 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 serv- ice and trusted suppliers of communications equipment or services; (B) engage with trusted providers of ad- vanced 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 March 12, 2020, submit to the Committee on Energy and Commerce of the House of Representa- tives 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 provi- sion of security clearances to facilitate in- formation sharing regarding supply chain security risks with trusted providers of ad- vanced communications service and trust- ed 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 informa- tion by such providers and suppliers to the Federal Government. (b) Representation on CSRIC of interests of pub- lic and consumers (1) In general The Commission shall appoint to the Com- munications Security, Reliability, and Inter- operability 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 ap- pointments required by paragraph (1) not later than 180 days after March 12, 2020. Any mem- ber so appointed shall be in addition to the members of the Council, or the members of the subdivision of the Council to which the ap- pointment 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 Commu- nications and Information. (2) Foreign adversary The term ‘‘foreign adversary’’ means any foreign government or foreign nongovernment person engaged in a long-term pattern or seri- ous instances of conduct significantly adverse to the national security of the United States or security and safety of United States per- sons. (3) Supply chain security risk The term ‘‘supply chain security risk’’ in- cludes specific risk and vulnerability informa- tion 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 de- termined that such provider or supplier is not owned by, controlled by, or subject to the in- fluence of a foreign adversary. (Pub. L. 116–124, § 8, Mar. 12, 2020, 134 Stat. 168.) § 1608. Definitions In this chapter: (1) Advanced communications service The term ‘‘advanced communications serv- ice’’ has the meaning given the term ‘‘ad- vanced telecommunications capability’’ in section 1302 of this title. (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;