Promoting United States Wireless Leadership Act of 2019

IIB 116TH CONGRESS 2D SESSION H. R. 4500 IN THE SENATE OF THE UNITED STATES JANUARY 9, 2020 Received; read twice and referred to the Committee on Commerce, Science, and Transportation AN ACT To direct the Assistant Secretary for Communications and Information to take certain actions to enhance the rep- resentation of the United States and promote United States leadership in communications standards-setting bodies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:04 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4500.RFS H4500 pamtmann on DSKBC07HB2PROD with BILLS 2 HR 4500 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Promoting United 2 States Wireless Leadership Act of 2019’’. 3 SEC. 2. REPRESENTATION AND LEADERSHIP OF UNITED 4 STATES IN COMMUNICATIONS STANDARDS- 5 SETTING BODIES. 6 (a) IN GENERAL.—In order to enhance the represen- 7 tation of the United States and promote United States 8 leadership in standards-setting bodies that set standards 9 for 5G networks and for future generations of wireless 10 communications networks, the Assistant Secretary shall, 11 in consultation with the National Institute of Standards 12 and Technology— 13 (1) equitably encourage participation by compa- 14 nies and a wide variety of relevant stakeholders, but 15 not including any company or relevant stakeholder 16 that the Assistant Secretary has determined to be 17 not trusted, (to the extent such standards-setting 18 bodies allow such stakeholders to participate) in 19 such standards-setting bodies; and 20 (2) equitably offer technical expertise to compa- 21 nies and a wide variety of relevant stakeholders, but 22 not including any company or relevant stakeholder 23 that the Assistant Secretary has determined to be 24 not trusted, (to the extent such standards-setting 25 VerDate Sep 11 2014 23:04 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4500.RFS H4500 pamtmann on DSKBC07HB2PROD with BILLS 3 HR 4500 RFS bodies allow such stakeholders to participate) to fa- 1 cilitate such participation. 2 (b) STANDARDS-SETTING BODIES.—The standards- 3 setting bodies referred to in subsection (a) include— 4 (1) the International Organization for Stand- 5 ardization; 6 (2) the voluntary standards-setting bodies that 7 develop protocols for wireless devices and other 8 equipment, such as the 3GPP and the Institute of 9 Electrical and Electronics Engineers; and 10 (3) any standards-setting body accredited by 11 the American National Standards Institute or Alli- 12 ance for Telecommunications Industry Solutions. 13 (c) BRIEFING.—Not later than 60 days after the date 14 of the enactment of this Act, the Assistant Secretary shall 15 brief the Committee on Energy and Commerce of the 16 House of Representatives and the Committee on Com- 17 merce, Science, and Transportation of the Senate on a 18 strategy to carry out subsection (a). 19 (d) DEFINITIONS.—In this section: 20 (1) 3GPP.—The term ‘‘3GPP’’ means the 3rd 21 Generation Partnership Project. 22 (2) 5G NETWORK.—The term ‘‘5G network’’ 23 means a fifth-generation mobile network as de- 24 scribed by 3GPP Release 15 or higher. 25 VerDate Sep 11 2014 23:04 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4500.RFS H4500 pamtmann on DSKBC07HB2PROD with BILLS 4 HR 4500 RFS (3) ASSISTANT SECRETARY.—The term ‘‘Assist- 1 ant Secretary’’ means the Assistant Secretary of 2 Commerce for Communications and Information. 3 (4) CLOUD COMPUTING.—The term ‘‘cloud 4 computing’’ has the meaning given the term in Spe- 5 cial Publication 800–145 of the National Institute of 6 Standards and Technology, entitled ‘‘The NIST Def- 7 inition of Cloud Computing’’, published in Sep- 8 tember 2011, or any successor publication. 9 (5) COMMUNICATIONS NETWORK.—The term 10 ‘‘communications network’’ means any of the fol- 11 lowing: 12 (A) A system enabling the transmission, 13 between or among points specified by the user, 14 of information of the user’s choosing. 15 (B) Cloud computing resources. 16 (C) A network or system used to access 17 cloud computing resources. 18 (6) NOT TRUSTED.—The term ‘‘not trusted’’ 19 means, with respect to a company or stakeholder, 20 that the company or stakeholder is determined by 21 the Assistant Secretary to pose a threat to the na- 22 tional security of the United States. In making such 23 a determination, the Assistant Secretary shall rely 24 VerDate Sep 11 2014 23:04 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4500.RFS H4500 pamtmann on DSKBC07HB2PROD with BILLS 5 HR 4500 RFS solely on one or more of the following determina- 1 tions: 2 (A) A specific determination made by any 3 executive branch interagency body with appro- 4 priate national security expertise, including the 5 Federal Acquisition Security Council estab- 6 lished under section 1322(a) of title 41, United 7 States Code. 8 (B) A specific determination made by the 9 Department of Commerce pursuant to Execu- 10 tive Order No. 13873 (84 Fed. Reg. 22689; re- 11 lating to securing the information and commu- 12 nications technology and services supply chain). 13 (C) Whether a company or stakeholder 14 produces or provides covered telecommuni- 15 cations equipment or services, as defined in sec- 16 tion 889(f)(3) of the John S. McCain National 17 Defense Authorization Act for Fiscal Year 2019 18 (Public Law 115–232; 132 Stat. 1918). 19 Passed the House of Representatives January 8, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 23:04 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4500.RFS H4500 pamtmann on DSKBC07HB2PROD with BILLS