Promoting United States Wireless Leadership Act of 2020

II 116TH CONGRESS 2D SESSION S. 3311 To direct the Assistant Secretary of Commerce for Communications and Information to take certain actions to enhance the representation of the United States and promote United States leadership in communica- tions standards-setting bodies, and for other purposes. IN THE SENATE OF THE UNITED STATES FEBRUARY 13, 2020 Mr. JOHNSON (for himself and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To direct the Assistant Secretary of Commerce for Commu- nications and Information to take certain actions to en- hance the representation of the United States and pro- mote United States leadership in communications stand- ards-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 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Promoting United 4 States Wireless Leadership Act of 2020’’. 5 VerDate Sep 11 2014 16:04 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3311.IS S3311 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3311 IS SEC. 2. REPRESENTATION AND LEADERSHIP OF UNITED 1 STATES IN COMMUNICATIONS STANDARDS- 2 SETTING BODIES. 3 (a) DEFINITIONS.—In this section: 4 (1) 3GPP.—The term ‘‘3GPP’’ means the 3rd 5 Generation Partnership Project. 6 (2) 5G NETWORK.—The term ‘‘5G network’’ 7 means a fifth-generation mobile network as de- 8 scribed by 3GPP Release 15 or higher. 9 (3) ASSISTANT SECRETARY.—The term ‘‘Assist- 10 ant Secretary’’ means the Assistant Secretary of 11 Commerce for Communications and Information. 12 (4) CLOUD COMPUTING.—The term ‘‘cloud 13 computing’’ has the meaning given the term in Spe- 14 cial Publication 800–145 of the National Institute of 15 Standards and Technology, entitled ‘‘The NIST Def- 16 inition of Cloud Computing’’, published in Sep- 17 tember 2011, or any successor publication. 18 (5) COMMUNICATIONS NETWORK.—The term 19 ‘‘communications network’’ means any of the fol- 20 lowing: 21 (A) A system enabling the transmission, 22 between or among points specified by the user, 23 of information of the user’s choosing. 24 (B) Cloud computing resources. 25 VerDate Sep 11 2014 16:04 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3311.IS S3311 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3311 IS (C) A network or system used to access 1 cloud computing resources. 2 (6) NOT TRUSTED.—The term ‘‘not trusted’’ 3 means, with respect to a company or stakeholder, 4 that the company or stakeholder is determined by 5 the Assistant Secretary to pose a threat to the na- 6 tional security of the United States. In making such 7 a determination, the Assistant Secretary shall rely 8 solely on one or more of the following determina- 9 tions: 10 (A) A specific determination made by any 11 executive branch interagency body with appro- 12 priate national security expertise, including the 13 Federal Acquisition Security Council estab- 14 lished under section 1322(a) of title 41, United 15 States Code. 16 (B) A specific determination made by the 17 Department of Commerce pursuant to Execu- 18 tive Order No. 13873 (84 Fed. Reg. 22689; re- 19 lating to securing the information and commu- 20 nications technology and services supply chain). 21 (C) Whether a company or stakeholder 22 produces or provides covered telecommuni- 23 cations equipment or services, as defined in sec- 24 tion 889(f)(3) of the John S. McCain National 25 VerDate Sep 11 2014 16:04 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3311.IS S3311 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3311 IS Defense Authorization Act for Fiscal Year 2019 1 (Public Law 115–232; 132 Stat. 1918). 2 (b) DUTIES OF ASSISTANT SECRETARY.—In order to 3 enhance the representation of the United States and pro- 4 mote United States leadership in standards-setting bodies 5 that set standards for 5G networks and for future genera- 6 tions of wireless communications networks, the Assistant 7 Secretary shall, in consultation with the National Institute 8 of Standards and Technology— 9 (1) equitably encourage participation by compa- 10 nies and a wide variety of relevant stakeholders, not 11 including any company or relevant stakeholder that 12 the Assistant Secretary has determined to be not 13 trusted, in such standards-setting bodies (to the ex- 14 tent such standards-setting bodies allow companies 15 and relevant stakeholders to participate); and 16 (2) equitably offer technical expertise to compa- 17 nies and a wide variety of relevant stakeholders, not 18 including any company or relevant stakeholder that 19 the Assistant Secretary has determined to be not 20 trusted, to facilitate such participation (to the extent 21 such standards-setting bodies allow companies and 22 relevant stakeholders to participate). 23 (c) STANDARDS-SETTING BODIES.—The standards- 24 setting bodies referred to in subsection (b) include— 25 VerDate Sep 11 2014 16:04 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3311.IS S3311 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3311 IS (1) the International Organization for Stand- 1 ardization; 2 (2) the voluntary standards-setting bodies that 3 develop protocols for wireless devices and other 4 equipment, such as the 3GPP and the Institute of 5 Electrical and Electronics Engineers; and 6 (3) any standards-setting body accredited by 7 the American National Standards Institute or Alli- 8 ance for Telecommunications Industry Solutions. 9 (d) BRIEFING.—Not later than 60 days after the date 10 of the enactment of this Act, the Assistant Secretary shall 11 brief the Committee on Commerce, Science, and Transpor- 12 tation of the Senate and the Committee on Energy and 13 Commerce of the House of Representatives on a strategy 14 to carry out subsection (b). 15 Æ VerDate Sep 11 2014 16:04 Feb 17, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S3311.IS S3311 pamtmann on DSKBC07HB2PROD with BILLS