[House Report 117-147]
[From the U.S. Government Publishing Office]
117th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 117-147
======================================================================
INFORMATION AND COMMUNICATION TECHNOLOGY STRATEGY ACT
_______
October 19, 2021.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Pallone, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 4028]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 4028) to require the Secretary of Commerce to
report on and develop a whole-of-Government strategy with
respect to the economic competitiveness of the information and
communication technology supply chain, and for other purposes,
having considered the same, reports favorably thereon with
amendments and recommends that the bill as amended do pass.
CONTENTS
Page
I. Purpose and Summary.............................................. 3
II. Background and Need for the Legislation.......................... 3
III. Committee Hearings............................................... 4
IV. Committee Consideration.......................................... 4
V. Committee Votes.................................................. 5
VI. Oversight Findings............................................... 5
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures 5
VIII.Federal Mandates Statement....................................... 5
IX. Statement of General Performance Goals and Objectives............ 5
X. Duplication of Federal Programs.................................. 6
XI. Committee Cost Estimate.......................................... 6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits...... 6
XIII.Advisory Committee Statement..................................... 6
XIV. Applicability to Legislative Branch.............................. 6
XV. Section-by-Section Analysis of the Legislation................... 6
XVI. Changes in Existing Law Made by the Bill, as Reported............ 7
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Information and Communication
Technology Strategy Act''.
SEC. 2. ECONOMIC COMPETITIVENESS OF INFORMATION AND COMMUNICATION
TECHNOLOGY SUPPLY CHAIN.
(a) Report.--Not later than 1 year after the date of the enactment of
this Act, the Secretary shall submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report on the information
and communication technology supply chain that--
(1) identifies--
(A) information and communication technology critical
to the economic competitiveness of the United States;
and
(B) the industrial capacity of--
(i) United States vendors that produce
information and communication technology
identified under subparagraph (A); and
(ii) trusted information and communication
technology vendors that produce information and
communication technology identified under
subparagraph (A);
(2) assesses the economic competitiveness of vendors
described under paragraph (1)(B);
(3) assesses whether, and to what extent, there is a
dependence by providers of advanced telecommunications
capability in the United States on information and
communication technology identified under paragraph (1)(A) that
is not trusted;
(4) identifies--
(A) what actions by the Federal Government are needed
to support, and bolster the economic competitiveness
of, trusted information and communication technology
vendors; and
(B) what Federal resources are needed to reduce
dependence by providers of advanced telecommunications
capability in the United States on companies that--
(i) produce information and communication
technology; and
(ii) are not trusted; and
(5) defines lines of effort and assigns responsibilities for
a whole-of-Government response to ensuring the competitiveness
of the information and communication technology supply chain in
the United States.
(b) Whole-of-Government Strategy.--
(1) In general.--The Secretary shall develop, on the basis of
the report required by subsection (a), a whole-of-Government
strategy to ensure the economic competitiveness of trusted
information and communication technology vendors that
includes--
(A) recommendations on how--
(i) to strengthen the structure, resources,
and authorities of the Federal Government to
support the economic competitiveness of trusted
information and communication technology
vendors, including United States vendors that
are trusted information and communication
technology vendors; and
(ii) the Federal Government can address any
barriers to a market-based solution for
increasing the economic competitiveness of such
information and communication technology
vendors;
(B) defined lines of effort and responsibilities for
Federal agencies to implement the strategy; and
(C) a description of--
(i) any change to a Federal program, Federal
law, or structure of the Federal Government
necessary to implement any recommendation under
subparagraph (A); and
(ii) any additional Federal resource
necessary to implement any recommendation under
subparagraph (A).
(2) Report.--Not later than 180 days after the submission of
the report required by subsection (a), the Secretary shall
submit to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report containing the strategy
developed under paragraph (1).
(c) Consultation Required.--In carrying out subsections (a) and (b),
the Secretary shall consult with--
(1) a cross-section of trusted information and communication
technology vendors; and
(2) the Secretary of State, the Secretary of Homeland
Security, the Attorney General, the Director of National
Intelligence, the Chair of the Federal Communications
Commission and any other head of an agency the Secretary
determines necessary.
(d) Definitions.--In this section:
(1) Advanced telecommunications capability.--The term
``advanced telecommunications capability'' has the meaning
given that term in section 706 of the Telecommunications Act of
1996 (47 U.S.C. 1302).
(2) Information and communication technology supply chain.--
The term ``information and communication technology supply
chain'' means all of the companies that produce information and
communication technology.
(3) Information and communication technology.--The term
``information and communication technology'' means a technology
(including software), component, or material that enables
communications by radio or wire.
(4) Not trusted.--The term ``not trusted'' means, with
respect to a company or information and communication
technology, that the company or information and communication
technology is determined by the Secretary to pose an
unacceptable risk to national security of the United States, or
the security and safety of the United States persons based
solely on one or more determination described under paragraphs
(1) through (4) of section 2(c) of the Secure and Trusted
Communications Networks Act of 2019 (Public Law 116-124).
(5) Secretary.--The term ``Secretary'' means the Secretary of
Commerce, acting through the Assistant Secretary of Commerce
for Communications and Information.
(6) Trusted.--The term ``trusted'' means, with respect to a
company, that the Secretary has not determined that the company
is not trusted.
(7) Trusted information and communication technology
vendor.--The term ``trusted information and communication
technology vendor'' means a company--
(A) that produces information and communication
technology; and
(B) that is trusted.
Amend the title so as to read:
A bill 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 competitiveness of the
information and communication technology supply chain, and for
other purposes.
I. PURPOSE AND SUMMARY
H.R. 4028, the ``Information and Communication Technology
Strategy Act,'' directs the National Telecommunications and
Information Administration (NTIA) to submit a report within one
year that identifies information and communication technology
(ICT) critical to the economic competitiveness of the United
States. In the report, NTIA will assess the economic
competitiveness of trusted ICT vendors, assess whether, and to
what extent, the United States is dependent on untrusted ICT
components or vendors, and identify what actions by the Federal
government are needed to bolster the economic competitiveness
of trusted ICT vendors.
II. BACKGROUND AND NEED FOR LEGISLATION
In 2020, Congress passed the Secure and Trusted
Communications Networks Act, which took steps to remove harmful
equipment in our nation's communications networks by, among
other things, instructing the FCC to publish a list of
communications equipment and services that pose a national
security threat.\1\ The law also prohibited the use of certain
federal funds administered by the Commission to purchase
equipment and services from companies on that list.\2\ The
legislation also authorized, and Congress subsequently
appropriated, funding for certain United States
telecommunications carriers to remove and replace prohibited
equipment and services from their networks.\3\
---------------------------------------------------------------------------
\1\Pub. L. No. 116-124 (Mar. 12, 2020).
\2\Id. at Sec. 2.
\3\Division N, Title IX, Section 906, Consolidated Appropriations
Act of 2021, Pub. L. No. 116-260 (Dec. 27, 2020).
---------------------------------------------------------------------------
As United States telecommunications providers remove and
replace untrusted equipment, Congress has sought to ensure
there is a robust marketplace of trusted ICT vendors. To
understand the vulnerabilities in the supply chain for
communications equipment and services, the report required
under H.R. 4028 would inform Congress and the Executive Branch
of the state of this marketplace, whether the United States
faces any barriers to ensuring a secure and resilient supply
chain, and what actions, if any, are needed to ensure access to
trusted ICT equipment and services. NTIA would then use the
report to develop a whole-of-government strategy to ensure the
economic competitiveness of trusted ICT vendors.
III. COMMITTEE HEARINGS
For the purposes of clause 3(c) of rule XIII of the Rules
of the House of Representatives, the following hearings were
used to develop or consider H.R. 4028:
The Subcommittee on Communications and Technology held a
hearing on April 21, 2021, entitled ``Leading the Wireless
Future: Securing American Network Technology.'' The
Subcommittee received testimony from the following witnesses:
John Baker, Senior Vice President, Business
Development, Mavenir;
John Mezzalingua, Chief Executive Officer,
JMA Wireless;
Tim Donovan, SVP, Legislative Affairs,
Competitive Carriers Association;
Tareq Amin, EVP and Group Chief Technology
Officer, Rakuten Mobile; and
Diane Rinaldo, Executive Director, Open RAN
Policy Coalition.
The Subcommittee on Communications and Technology held a
hearing on June 30, 2021, entitled ``A Safe Wireless Future:
Securing our Networks and Supply Chains.'' The Subcommittee
received testimony from the following witnesses:
Dileep Srihari, Senior Policy Counsel,
Access Partnership;
Dean Brenner, SVP, Spectrum Strategy & Tech
Policy, Qualcomm Incorporated;
Jason Boswell, Head of Security, Network
Product Solutions, N.A., Ericsson; and
Clete Johnson, Senior Fellow, Strategic
Technologies Program, Center for Strategic and
International Studies.
IV. COMMITTEE CONSIDERATION
Representatives Billy Long (R-MO), Abagail Spanberger (D-
VA), Buddy ``Earl'' L. Carter (R-GA), and Jerry McNerney (D-CA)
introduced H.R. 4028, the ``Information and Communication
Technology Strategy Act,'' on June 22, 2021, which was referred
to the Committee on Energy and Commerce. Subsequently, on June
23, 2021, H.R. 4028 was referred to the Subcommittee on
Communications and Technology. A legislative hearing was held
on the bill on June 30, 2021.
On July 20, 2021, the Subcommittee on Communications and
Technology was discharged from further consideration of the
bill. On July 21, 2021, the full Committee met in open markup
session, pursuant to notice, to consider H.R. 4028 and 23 other
bills. During consideration of the bill, an amendment in the
nature of a substitute (AINS) offered by Representative Long
was agreed to by a voice vote. Upon conclusion of consideration
of the bill, the full Committee agreed to a motion on final
passage offered by Representative Pallone (D-NJ), Chairman of
the Committee, to order H.R. 4028 reported favorably to the
House, amended, by a voice vote.
V. COMMITTEE VOTES
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list each record vote
on the motion to report legislation and amendments thereto. The
Committee advises that there were no record votes taken on H.R.
4028, including a motion by Mr. Pallone ordering H.R. 4028
favorably reported to the House, amended.
VI. OVERSIGHT FINDINGS
Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1)
of rule X of the Rules of the House of Representatives, the
oversight findings and recommendations of the Committee are
reflected in the descriptive portion of the report.
VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES
Pursuant to 3(c)(2) of rule XIII of the Rules of the House
of Representatives, the Committee adopts as its own the
estimate of new budget authority, entitlement authority, or tax
expenditures or revenues contained in the cost estimate
prepared by the Director of the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974.
The Committee has requested but not received from the
Director of the Congressional Budget Office a statement as to
whether this bill contains any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
VIII. FEDERAL MANDATES STATEMENT
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII, the general
performance goal or objective of this legislation is to submit
a report assessing the state of economic competitiveness of
trusted ICT vendors and develop a whole of government strategy
to ensure their competitiveness.
X. DUPLICATION OF FEDERAL PROGRAMS
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 4028 is known to be duplicative of another Federal
program, including any program that was included in a report to
Congress pursuant to section 21 of Public Law 111-139 or the
most recent Catalog of Federal Domestic Assistance.
XI. COMMITTEE COST ESTIMATE
Pursuant to clause 3(d)(1) of rule XIII, the Committee
adopts as its own the cost estimate prepared by the Director of
the Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974.
XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS
Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the
Committee finds that H.R. 4028 contains no earmarks, limited
tax benefits, or limited tariff benefits.
XIII. ADVISORY COMMITTEE STATEMENT
No advisory committee within the meaning of section 5(b) of
the Federal Advisory Committee Act was created by this
legislation.
XIV. APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION
Section 1. Short title
Section 1 designates that the short title may be cited as
the ``Information and Communication Technology Strategy Act.''
Sec. 2. Economic competitiveness of information and communication
technology supply chain
This section requires NTIA to submit a report to Congress
within one year of the date of enactment that identifies
information and communications technology critical to the
economic competitiveness of the United States and the
industrial capacity of the United States and other trusted ICT
vendors. This section also requires NTIA to include in the
report an assessment of the economic competitiveness of United
States and trusted ICT vendors, whether and to what extent the
United States has a dependence on untrusted ICT vendors, and an
identification of what actions, if any, are needed to ensure
access to trusted ICT equipment and services.
Additionally, NTIA is directed to use the report to develop
a whole-of-government strategy to ensure the economic
competitiveness of trusted ICT vendors. This strategy would
include recommendations on how to strengthen the structure,
resources, and authorities of the federal government to support
the economic competitiveness of trusted ICT vendors and how the
federal government can address barriers to market-based
solutions for increasing the economic competitiveness of
trusted ICT vendors. The strategy would also include defined
lines of effort and responsibilities for Federal agencies
implementing the strategy. NTIA would be required to submit a
report to Congress within 180 days providing this strategy.
XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
There are no changes to existing law made by the bill H.R.
4028.
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