[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.

                                  [all]