S.Amdt. 1827Senate116th Congress (2019-2021)
S.Amdt. 1827
Sponsored by
Sen. Mark R. Warner (D-VA)
Submitted June 25, 2020
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Senate amendment submitted
June 25, 2020
Text
Submitted
SA 1827. Mr. WARNER (for himself and Mr. Rubio) submitted an amendment intended to be proposed by him to the bill S. 4049, to authorize appropriations for fiscal year 2021 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the appropriate place in title X, insert the following: SEC. ___. SECURE AND TRUSTED TECHNOLOGY. (a) Definitions.--In this section: (1) Appropriate committees of congress.--The term ``appropriate 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 Committee on Appropriations of the Senate; (G) the Permanent Select Committee on Intelligence of the House of Representatives; (H) the Committee on Foreign Affairs of the House of Representatives; (I) the Committee on Homeland Security of the House of Representatives; (J) the Committee on Armed Services of the House of Representatives; (K) the Committee on Energy and Commerce of the House of Representatives; and (L) the Committee on Appropriations of the House of Representatives. (2) Fifth-generation wireless network.--The term ``fifth- generation wireless network'' means a radio network as described by the 3rd Generation Partnership Project (3GPP) Release 15 or higher. (b) Supporting the Development and Adoption of Secure and Trusted Technologies Among Intelligence Allies and Partners.-- (1) Communications technology security and innovation fund.-- (A) Establishment of fund.-- (i) In general.--There is established in the Treasury of the United States a fund to be [[Page S3363]] known as the ``Communications Technology Security and Innovation Fund'' (referred to in this paragraph as the ``Security Fund''). (ii) Administration.--The Director of the Intelligence Advanced Research Projects Activity shall administer the Security Fund. (iii) Contents of fund.-- (I) In general.--The fund shall consist of-- (aa) amounts appropriated pursuant to the authorization of appropriations under paragraph (3)(A); and (bb) such other amounts as may be appropriated or otherwise made available to the Director of the Intelligence Advanced Research Projects Activity to be deposited in the Security Fund. (II) Availability.-- (aa) In general.--Amounts deposited in the Security Fund shall remain available through the end of the tenth fiscal year beginning after the date of the enactment of this Act. (bb) Remainder to treasury.--Any amounts remaining in the Security Fund after the end of the tenth fiscal year beginning after the date of the enactment of this Act shall be deposited in the general fund of the Treasury. (iv) Use of amounts.--Amounts deposited in the Security Fund shall be available to the Director of the Intelligence Advanced Research Projects Activity to award grants under subparagraph (B). (B) Grants.-- (i) In general.--The Director of the Intelligence Advanced Research Projects Activity shall award grants to support research and the commercial application of such research, including in the following areas: (I) Promoting the development of technology, including software, hardware, and microprocessing technology, that will enhance competitiveness in fifth-generation (commonly known as ``5G'') and successor wireless technology supply chains. (II) 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. (III) Promoting compatibility of new fifth-generation wireless network equipment with future open standards-based interoperable equipment. (IV) Managing integration of multivendor network environments. (V) Objective criteria to define equipment as compliant with open standards for multivendor network equipment interoperability. (VI) Promoting development and inclusion of security features enhancing the integrity and availability of equipment in multivendor networks. (VII) Promoting the application of network function virtualization to facilitate multivendor interoperability and a more diverse vendor market. (ii) Amount.-- (I) In general.--Subject to subclause (II), a grant awarded under clause (i) shall be in such amount as the Director of the Intelligence Advanced Research Projects Activity consider appropriate. (II) Limitation on grant amounts.--The amount of a grant awarded under this paragraph to a recipient for a specific research focus area may not exceed $100,000,000. (iii) Criteria.--The Director of the Intelligence Advanced Research Projects Activity, in consultation with the Secretary of Defense, the Assistant Secretary of Commerce for Communications and Information, the Director of the National Institute of Standards and Technology, and the Secretary of Homeland Security, shall establish criteria for grants awarded under clause (i). (iv) Timing.--Not later than 1 year after the date of the enactment of this Act, the Director of the Intelligence Advanced Research Projects Activity shall begin awarding grants under clause (i). (C) Federal advisory body.-- (i) Establishment.--The Director of the Intelligence Advanced Research Projects Activity 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 Director of the Intelligence Advanced Research Projects Activity on the administration of the Security Fund. (ii) Composition.--The advisory committee established under clause (i) shall be composed of-- (I) representatives from-- (aa) the Federal Communications Commission; (bb) the National Institute of Standards and Technology; (cc) the Department of Defense; (dd) the Department of State; (ee) the National Science Foundation; and (ff) the Department of Homeland Security; and (II) other representatives from the private and public sectors, at the discretion of the Security Fund. (iii) Duties.--The advisory committee established under clause (i) shall advise the Director of the Intelligence Advanced Research Projects Activity on technology developments to help inform-- (I) the strategic direction of the Security Fund; and (II) efforts of the Federal Government to promote a more secure, diverse, sustainable, and competitive supply chain. (D) Reports to congress.-- (i) Initial report.--Not later than 180 days after the date of the enactment of this Act, the Director of the Intelligence Advanced Research Projects Activity shall submit to the appropriate 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. (ii) Annual report.--For each fiscal year for which amounts in the Security Fund are available under this paragraph, the Director of the Intelligence Advanced Research Projects Activity shall submit to Congress a report that-- (I) describes how, and to whom, grants have been awarded under subparagraph (B); (II) details the progress of the Director of the Intelligence Advanced Research Projects Activity in meeting the objectives described in subparagraph (B)(i); and (III) includes such other information as the Director of the Intelligence Advanced Research Projects Activity determine appropriate. (2) Multilateral telecommunications security fund.-- (A) Establishment of fund.-- (i) In general.--There is established in the Treasury of the United States a fund to be known as the ``Multilateral Telecommunications Security Fund'' (in this section referred to as the ``Multilateral Fund''). (ii) Administration.--The Director of National Intelligence and the Secretary of Defense shall jointly administer the Multilateral Fund. (iii) Use of amounts.--Amounts in the Multilateral Fund shall be used to establish the common funding mechanism required by subparagraph (B). (iv) Contents of fund.-- (I) In general.--The Multilateral Fund shall consist of amounts appropriated pursuant to the authorization of appropriations under paragraph (3)(B) and such other amounts as may be appropriated or otherwise made available to the Director and the Secretary to be deposited in the Multilateral Fund. (II) Availability.-- (aa) In general.--Amounts deposited in the Multilateral Fund shall remain available through fiscal year 2031. (bb) Remainder to treasury.--Any amounts remaining in the Fund after fiscal year 2031 shall be deposited in the General Fund of the Treasury. (B) Multilateral common funding mechanism.-- (i) In general.--The Director and the Secretary shall jointly, in coordination with foreign partners, establish a common funding mechanism that uses amounts from the Multilateral Fund to support the development and adoption of secure and trusted telecommunications technologies in key markets globally. (ii) Consultation required.--The Director and the Secretary shall carry out clause (i) in consultation with the following: (I) The Federal Communications Commission. (II) The Secretary of State. (III) The Assistant Secretary of Commerce for Communications and Information. (IV) The Director of the Intelligence Advanced Research Projects Activity. (V) The Under Secretary of Commerce for Standards and Technology. (C) Annual report to congress.-- (i) In general.--Not later than 1 year after the date of the enactment of this Act and not less frequently than once each fiscal year thereafter until fiscal year 2031, the Director and the Secretary shall jointly submit to the appropriate committees of Congress an annual report on the Multilateral Fund and the use of amounts under subparagraph (B). (ii) Contents.--Each report submitted under clause (i) shall include, for the fiscal year covered by the report, the following: (I) Any funding commitments from foreign partners, including each specific amount committed. (II) Governing criteria for use of the amounts in the Multilateral Fund. (III) An account of-- (aa) how, and to whom, funds have been deployed; (bb) amounts remaining in the Multilateral Fund; and (cc) the progress of the Director and the Secretary in meeting the objective described in subparagraph (B)(i). (IV) Such recommendations for legislative or administrative action as the Director and the Secretary may have to enhance the effectiveness of the Multilateral Fund in achieving the security goals of the United States. (3) Authorization of appropriations.-- (A) Communications technology security and innovation fund.--There is authorized to be appropriated to carry out paragraph (1) $750,000,000 for the period of fiscal years 2021 through 2031. (B) Multilateral telecommunications security fund.--There is authorized to be appropriated to carry out paragraph (2) $750,000,000 for the period of fiscal years 2021 through 2031. (c) Exposing Political Pressure in International Standards- setting Bodies That Set Standards for Fifth-generation Wireless Networks.-- [[Page S3364]] (1) Report required.-- (A) In general.--Not later than 120 days after the date of the enactment of this Act, the Director of National Intelligence shall submit to the appropriate committees of Congress a report on political pressure within international forums that set standards for fifth-generation wireless networks and for future generations of wireless networks, including-- (i) the International Telecommunication Union (ITU); (ii) the International Organization for Standardization (ISO); (iii) the Inter-American Telecommunication Commission (CITEL); and (iv) the voluntary standards organizations that develop protocols for wireless devices and other equipment, such as the 3rd Generation Partnership Project (3GPP) and the Institute of Electrical and Electronics Engineers (IEEE). (B) Form.--The report submitted under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex. (2) Consultation required.--The Director and the Secretary shall carry out paragraph (1) in consultation with the following: (A) The Federal Communications Commission. (B) The Secretary of State. (C) The Assistant Secretary of Commerce for Communications and Information. (D) The Secretary of Defense. (E) The Director of National Intelligence. (F) The Under Secretary of Commerce for Standards and Technology. ______