[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3763 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3763

 To direct the Secretary of State to provide assistance and technical 
 expertise to enhance the representation and leadership of the United 
States at international standards-setting bodies that set standards for 
   5th and future generations mobile telecommunications systems and 
                infrastructure, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 15, 2019

Mr. McCaul (for himself and Mr. Cuellar) introduced the following bill; 
         which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of State to provide assistance and technical 
 expertise to enhance the representation and leadership of the United 
States at international standards-setting bodies that set standards for 
   5th and future generations mobile telecommunications systems and 
                infrastructure, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Promoting United States 
International Leadership in 5G Act of 2019''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Market analysts estimate that in the United States, 5G 
        technologies could create up to 3,000,000 new jobs and add 
        $500,000,000,000 to the country's gross domestic product. 
        Globally, analysts estimate that 5G technologies could generate 
        $12,300,000,000,000 in sales activity across multiple 
        industries and support 22,000,000 jobs by 2035.
            (2) China is the most active espionage power when it comes 
        to industrial espionage, theft of intellectual property, and 
        actions against groups or countries that the regime perceives 
        as threatening. Its targets go well beyond the United States 
        and include any country where China has interests and access. 
        There are credible reports of China taking advantage of network 
        equipment supplied by its companies for intelligence advantage 
        that date back almost two decades.
            (3) In the last year, China has ignored agreements between 
        China, the United States, and others not to engage in 
        commercial espionage, and efforts to acquire American, 
        European, and Asian technology have reached an unprecedented 
        level.
            (4) A recent report by the Defense Innovation Board lists a 
        number of difficulties facing the deployment of 5G technologies 
        in the United States and concludes that ``The country that owns 
        5G will own many of these innovations and set the standards for 
        the rest of the world. . . .''.
            (5) Standards adopted at international bodies, such as the 
        International Telecommunication Union, the 3rd Generation 
        Partnership Project, and the 5G Infrastructure Public Private 
        Partnership, are critical to the global economy and to ensuring 
        that networks and technology can connect globally.
            (6) The 2018 report to Congress by the U.S.-China Economic 
        and Security Review Commission states that ``International 5G 
        standards will be set by 2019, facilitating large-scale 
        commercial deployment expected by 2020. The Chinese government 
        is encouraging its companies to play a greater role in 
        international 5G standards organizations to ensure they set 
        global standards; such leadership may result in higher revenues 
        and exports from internationally accepted intellectual property 
        and technology and more global influence over future wireless 
        technology and standards development.''.
            (7) China's Made in China 2025 initiative is driving 
        support to Chinese companies to increasingly participate in and 
        dominate international standards-setting bodies so that it can 
        restructure the global marketplace and dominate economically 
        strategic industries.
            (8) Chinese officials have assumed a greater number of 
        leadership roles at the International Telecommunication Union, 
        an intergovernmental public-private partnership under the 
        United Nations that allocates global radio spectrum and 
        satellite orbits and establishes international technical 
        standards for information and communication technologies.
            (9) Patented technology is used in international standards 
        and a company that owns the patent necessary to comply with 
        international standards (also known as a standards-essential 
        patent) gains global market share, licensing revenues, and a 
        competitive edge in subsequent technology development. As such, 
        the Chinese government, through its Made in China 2025 and 
        Internet Plus initiatives, is seeking to dominate the 
        international standards-setting bodies so as to create an 
        unfair advantage for Chinese companies as the world adopts 5G 
        technologies.
            (10) General Joseph Dunford, Chairman of the Joint Chiefs 
        of Staff, testified before the House Committee on 
        Appropriations on May 1, 2019, that ``One of the things that 
        underlines an alliance is the ability to share information, and 
        when we share information with allies and partners we have to 
        have common standards of information assurance. We have to be 
        sure that our secrets are protected, whether it be intelligence 
        or technology transfer.''.
            (11) On May 3, 2019, the Prague 5G Security Conference, 
        which was widely attended by representatives from the European 
        Union, and the North Atlantic Treaty Organization, including 
        the United States, produced the Prague Proposals, which state 
        that ``communication networks and services should be designed 
        with resilience and security in mind''.

SEC. 3. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States and its allies and partners should 
        maintain participation and leadership at international 
        standards-setting bodies for 5th and future generations mobile 
        telecommunications systems and infrastructure;
            (2) the United States should work with its allies and 
        partners to encourage and facilitate the development of secure 
        supply chains and networks for 5th and future generations 
        mobile telecommunications systems and infrastructure; and
            (3) the maintenance of a standard of security in 
        telecommunications and cyber between the United States and its 
        allies and partners is a vital strategic and security interest 
        of the United States.

SEC. 4. ENHANCING REPRESENTATION AND LEADERSHIP OF UNITED STATES AT 
              INTERNATIONAL STANDARDS-SETTING BODIES.

    (a) In General.--The Secretary of State shall provide assistance 
and technical expertise, using amounts made available pursuant to 
existing authorizations of appropriations, to enhance the 
representation and leadership of the United States at international 
standards-setting bodies that set standards for 5th and future 
generations mobile telecommunications systems and infrastructure, such 
as the International Telecommunication Union, and work with allies and 
partners as well as the private sector to also increase their 
engagement.
    (b) Briefing.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of State shall provide to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a briefing that shall 
include--
            (1) the strategy of the Department of State to promote 
        United States leadership at international standards-setting 
        bodies relevant to 5th and future generation mobile 
        telecommunications systems and infrastructure;
            (2) a strategy for diplomatic engagement with allies and 
        partners to share security risk information and findings 
        pertaining to equipment that supports or is used in 5th and 
        future generations mobile telecommunications systems and 
        infrastructure and cooperation on mitigating such risks; and
            (3) a discussion of China's presence and activities at 
        international standards-setting bodies relevant to 5th and 
        future generation mobile telecommunications systems and 
        infrastructure, including information on the differences in the 
        scope and scale of China's engagement at such bodies compared 
        to engagement by the United States or its allies and partners 
        and the security risks raised by Chinese proposals in such 
        standards-setting bodies.
    (c) Authorization To Release Data.--The head of each Federal 
department or agency, including any independent agency, is authorized 
and directed to furnish to the Secretary of State, upon request, such 
data, reports, and other information the Secretary determines necessary 
to carry out the functions under this section.
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