Information and Communication Technology Strategy Act

IIB 117TH CONGRESS 1ST SESSION H. R. 4028 IN THE SENATE OF THE UNITED STATES OCTOBER 21, 2021 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To require the Secretary of Commerce, acting through the Assistant Secretary of Commerce for Communications and Information, to report on and develop a whole-of- Government strategy with respect to the economic com- petitiveness of the information and communication tech- nology supply chain, and for other purposes. VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 2 HR 4028 RFS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Information and Com- 4 munication Technology Strategy Act’’. 5 SEC. 2. ECONOMIC COMPETITIVENESS OF INFORMATION 6 AND COMMUNICATION TECHNOLOGY SUPPLY 7 CHAIN. 8 (a) REPORT.—Not later than 1 year after the date 9 of the enactment of this Act, the Secretary shall submit 10 to the Committee on Energy and Commerce of the House 11 of Representatives and the Committee on Commerce, 12 Science, and Transportation of the Senate a report on the 13 information and communication technology supply chain 14 that— 15 (1) identifies— 16 (A) information and communication tech- 17 nology critical to the economic competitiveness 18 of the United States; and 19 (B) the industrial capacity of— 20 (i) United States vendors that 21 produce information and communication 22 technology identified under subparagraph 23 (A); and 24 VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 3 HR 4028 RFS (ii) trusted information and commu- 1 nication technology vendors that produce 2 information and communication technology 3 identified under subparagraph (A); 4 (2) assesses the economic competitiveness of 5 vendors described under paragraph (1)(B); 6 (3) assesses whether, and to what extent, there 7 is a dependence by providers of advanced tele- 8 communications capability in the United States on 9 information and communication technology identified 10 under paragraph (1)(A) that is not trusted; 11 (4) identifies— 12 (A) what actions by the Federal Govern- 13 ment are needed to support, and bolster the 14 economic competitiveness of, trusted informa- 15 tion and communication technology vendors; 16 and 17 (B) what Federal resources are needed to 18 reduce dependence by providers of advanced 19 telecommunications capability in the United 20 States on companies that— 21 (i) produce information and commu- 22 nication technology; and 23 (ii) are not trusted; and 24 VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 4 HR 4028 RFS (5) defines lines of effort and assigns respon- 1 sibilities for a whole-of-Government response to en- 2 suring the competitiveness of the information and 3 communication technology supply chain in the 4 United States. 5 (b) WHOLE-OF-GOVERNMENT STRATEGY.— 6 (1) IN GENERAL.—The Secretary shall develop, 7 on the basis of the report required by subsection (a), 8 a whole-of-Government strategy to ensure the eco- 9 nomic competitiveness of trusted information and 10 communication technology vendors that includes— 11 (A) recommendations on how— 12 (i) to strengthen the structure, re- 13 sources, and authorities of the Federal 14 Government to support the economic com- 15 petitiveness of trusted information and 16 communication technology vendors, includ- 17 ing United States vendors that are trusted 18 information and communication technology 19 vendors; and 20 (ii) the Federal Government can ad- 21 dress any barriers to a market-based solu- 22 tion for increasing the economic competi- 23 tiveness of such information and commu- 24 nication technology vendors; 25 VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 5 HR 4028 RFS (B) defined lines of effort and responsibil- 1 ities for Federal agencies to implement the 2 strategy; and 3 (C) a description of— 4 (i) any change to a Federal program, 5 Federal law, or structure of the Federal 6 Government necessary to implement any 7 recommendation under subparagraph (A); 8 and 9 (ii) any additional Federal resource 10 necessary to implement any recommenda- 11 tion under subparagraph (A). 12 (2) REPORT.—Not later than 180 days after 13 the submission of the report required by subsection 14 (a), the Secretary shall submit to the Committee on 15 Energy and Commerce of the House of Representa- 16 tives and the Committee on Commerce, Science, and 17 Transportation of the Senate a report containing the 18 strategy developed under paragraph (1). 19 (c) CONSULTATION REQUIRED.—In carrying out sub- 20 sections (a) and (b), the Secretary shall consult with— 21 (1) a cross-section of trusted information and 22 communication technology vendors; and 23 (2) the Secretary of State, the Secretary of 24 Homeland Security, the Attorney General, the Direc- 25 VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 6 HR 4028 RFS tor of National Intelligence, the Chair of the Federal 1 Communications Commission and any other head of 2 an agency the Secretary determines necessary. 3 (d) DEFINITIONS.—In this section: 4 (1) ADVANCED TELECOMMUNICATIONS CAPA- 5 BILITY.—The term ‘‘advanced telecommunications 6 capability’’ has the meaning given that term in sec- 7 tion 706 of the Telecommunications Act of 1996 (47 8 U.S.C. 1302). 9 (2) INFORMATION AND COMMUNICATION TECH- 10 NOLOGY SUPPLY CHAIN.—The term ‘‘information 11 and communication technology supply chain’’ means 12 all of the companies that produce information and 13 communication technology. 14 (3) INFORMATION AND COMMUNICATION TECH- 15 NOLOGY.—The term ‘‘information and communica- 16 tion technology’’ means a technology (including soft- 17 ware), component, or material that enables commu- 18 nications by radio or wire. 19 (4) NOT TRUSTED.—The term ‘‘not trusted’’ 20 means, with respect to a company or information 21 and communication technology, that the company or 22 information and communication technology is deter- 23 mined by the Secretary to pose an unacceptable risk 24 to national security of the United States, or the se- 25 VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS 7 HR 4028 RFS curity and safety of the United States persons based 1 solely on one or more determination described under 2 paragraphs (1) through (4) of section 2(c) of the Se- 3 cure and Trusted Communications Networks Act of 4 2019 (Public Law 116–124). 5 (5) SECRETARY.—The term ‘‘Secretary’’ means 6 the Secretary of Commerce, acting through the As- 7 sistant Secretary of Commerce for Communications 8 and Information. 9 (6) TRUSTED.—The term ‘‘trusted’’ means, 10 with respect to a company, that the Secretary has 11 not determined that the company is not trusted. 12 (7) TRUSTED INFORMATION AND COMMUNICA- 13 TION TECHNOLOGY VENDOR.—The term ‘‘trusted in- 14 formation and communication technology vendor’’ 15 means a company— 16 (A) that produces information and commu- 17 nication technology; and 18 (B) that is trusted. 19 Passed the House of Representatives October 20, 2021. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 02:12 Oct 22, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4028.RFS H4028 kjohnson on DSK79L0C42PROD with BILLS