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116th Congress    }                                 {    Rept. 116-367
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                 {           Part 1

======================================================================



 
        PROMOTING UNITED STATES WIRELESS LEADERSHIP ACT OF 2019

                                _______
                                

January 7, 2020.--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. 4500]

    The Committee on Energy and Commerce, to whom was referred 
the bill (H.R. 4500) to direct the Assistant Secretary for 
Communications and Information to take certain actions to 
enhance the representation of the United States and promote 
United States leadership in communications standards-setting 
bodies, and for other purposes, having considered the same, 
report favorably thereon with an amendment and recommend that 
the bill as amended do pass.

                                CONTENTS

                                                                   Page
   I. Purpose and Summary.............................................3
  II. Background and Need for Legislation.............................3
 III. Committee Hearings..............................................3
  IV. Committee Consideration.........................................3
   V. Committee Votes.................................................4
  VI. Oversight Findings..............................................4
 VII. New Budget Authority, Entitlement Authority, and Tax Expenditure4
VIII. Federal Mandates Statement......................................4
  IX. Statement of General Performance Goals and Objectives...........4
   X. Duplication of Federal Programs.................................5
  XI. Committee Cost Estimate.........................................5
 XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits.....5
XIII. Advisory Committee Statement....................................5
 XIV. Applicability to Legislative Branch.............................5
  XV. Section-by-Section Analysis of the Legislation..................5
 XVI. Exchange of Letters.............................................6
XVII. Changes in Existing Law Made by the Bill, as Reported...........9

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Promoting United States Wireless 
Leadership Act of 2019''.

SEC. 2. REPRESENTATION AND LEADERSHIP OF UNITED STATES IN 
                    COMMUNICATIONS STANDARDS-SETTING BODIES.

  (a) In General.--In order to enhance the representation of the United 
States and promote United States leadership in standards-setting bodies 
that set standards for 5G networks and for future generations of 
wireless communications networks, the Assistant Secretary shall, in 
consultation with the National Institute of Standards and Technology, 
coordinate executive branch efforts to----
          (1) equitably encourage participation by companies and a wide 
        variety of relevant stakeholders, but not including any company 
        or relevant stakeholder that the Assistant Secretary has 
        determined to be not trusted, (to the extent such standards-
        setting bodies allow such stakeholders to participate) in such 
        standards-setting bodies; and
          (2) equitably offer technical expertise to companies and a 
        wide variety of relevant stakeholders, but not including any 
        company or relevant stakeholder that the Assistant Secretary 
        has determined to be not trusted, (to the extent such 
        standards-setting bodies allow such stakeholders to 
        participate) to facilitate such participation.
  (b) Standards-Setting Bodies.--The standards-setting bodies referred 
to in subsection (a) include, but are not limited to----
          (1) the International Organization for Standardization;
          (2) the voluntary standards-setting bodies that develop 
        protocols for wireless devices and other equipment, such as the 
        3GPP and the Institute of Electrical and Electronics Engineers; 
        and
          (3) any standards-setting body accredited by the American 
        National Standards Institute or Alliance for Telecommunications 
        Industry Solutions.
  (c) Briefing.--Not later than 60 days after the date of the enactment 
of this Act, the Assistant Secretary shall brief the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate on a strategy to 
carry out subsection (a).
  (d) Definitions.--In this section:
          (1) 3GPP.--The term ``3GPP'' means the 3rd Generation 
        Partnership Project.
          (2) 5G network.--The term ``5G network'' means a fifth-
        generation mobile network as described by 3GPP Release 15 or 
        higher.
          (3) Assistant secretary.--The term ``Assistant Secretary'' 
        means the Assistant Secretary of Commerce for Communications 
        and Information.
          (4) Cloud computing.--The term ``cloud computing'' has the 
        meaning given the term in Special Publication 800-145 of the 
        National Institute of Standards and Technology, entitled ``The 
        NIST Definition of Cloud Computing'', published in September 
        2011, or any successor publication.
          (5) Communications network.--The term ``communications 
        network'' means any of the following:
                  (A) A system enabling the transmission, between or 
                among points specified by the user, of information of 
                the user's choosing.
                  (B) Cloud computing resources.
                  (C) A network or system used to access cloud 
                computing resources.
          (6) Not trusted.--The term ``not trusted'' means, with 
        respect to a company or stakeholder, that the company or 
        stakeholder is determined by the Assistant Secretary to pose a 
        threat to the national security of the United States. In making 
        such a determination, the Assistant Secretary shall rely solely 
        on one or more of the following determinations:
                  (A) A specific determination made by any executive 
                branch interagency body with appropriate national 
                security expertise, including the Federal Acquisition 
                Security Council established under section 1322(a) of 
                title 41, United States Code.
                  (B) A specific determination made by the Department 
                of Commerce pursuant to Executive Order 13873 (84 Fed. 
                Reg. 22689; relating to securing the information and 
                communications technology and services supply chain).
                  (C) Whether a company or stakeholder produces or 
                provides covered telecommunications equipment or 
                services, as defined in section 889(f)(3) of the John 
                S. McCain National Defense Authorization Act for Fiscal 
                Year 2019 (Public Law 115-232; 132 Stat. 1918).

                         I. PURPOSE AND SUMMARY

    H.R. 4500, the ``Promoting United States Wireless 
Leadership Act of 2019'', was introduced on September 26, 2019, 
by Reps. Walberg (R-MI), Dingell (D-MI), and Brooks (R-IN), and 
referred to the Committee on Energy and Commerce, as well as to 
the Committee on Foreign Affairs. H.R. 4500 would direct the 
Assistant Secretary for Communications and Information for the 
Department of Commerce to take certain actions to enhance the 
representation of the United States and promote United States 
leadership in communications standards-setting bodies.

                II. BACKGROUND AND NEED FOR LEGISLATION

    As technology advances and new technology is developed, 
countries work together to develop standards that guide how 
such technology is implemented. These independent, business-led 
entities determine the standards to which 5G operators, 
equipment manufacturers, software providers, and others build. 
These technical discussions also contemplate the intended 
purposes of the technology to ensure it is not used for 
malicious purposes. The United States sends representatives to 
standards-setting bodies such as the International Organization 
for Standardization, the 3GPP and others to set standards for 
new technology that align with the United States' objectives.
    There is an ongoing struggle in 5G standards setting bodies 
to maintain U.S. leadership. As 5G and future technologies are 
deployed, it is essential that the United States has a strong 
influence in the development of standards that guide the 
implementation of these technologies. This legislation 
reaffirms Congress's desire to strengthen U.S. leadership in 
the global standards setting arena.

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 4500:
    The Subcommittee on Communications and Technology held a 
legislative hearing on September 27, 2019, entitled, 
``Legislating to Secure America's Wireless Future.'' The 
Subcommittee received testimony from the following witnesses:
           John Nettles, President, Pine Belt Wireless;
           Harold Feld, Senior Vice President, Public 
        Knowledge;
           Dean Brenner, Senior Vice President, 
        Spectrum Strategy & Tech Policy, Qualcomm Incorporated; 
        and
           Bobbie Stempfley, Managing Director, CERT 
        Division Software Engineering Institute, Carnegie 
        Mellon University.

                      IV. COMMITTEE CONSIDERATION

    H.R. 4500, the ``Promoting United States Wireless 
Leadership Act of 2019'', was introduced on September 26, 2019, 
by Rep. Walberg (R-MI), Rep. Dingell (D-MI), and Rep. Brooks 
(R-IN), and referred to the Committee on Energy and Commerce, 
as well as to the Committee on Foreign Affairs. The bill was 
referred to the Subcommittee on Communications and Technology 
on September 27, 2019. Following a legislative hearing, the 
Subcommittee met in open markup session on November 14, 2019, 
pursuant to notice, for consideration of the bill. An amendment 
offered by the sponsors of the bill, along with Rep. Clarke (D-
NY), was agreed to by a voice vote. Subsequently, the 
Subcommittee on Communications and Technology agreed to a 
motion by Mr. Doyle, Chairman of the subcommittee, to favorably 
forward H.R. 4500 to the full Committee on Energy and Commerce, 
amended, by a voice vote.
    The full Committee met in open markup session, pursuant to 
notice, on November 20, 2019, to consider H.R. 4500, as amended 
by the Subcommittee. During consideration, an amendment offered 
by Mr. Johnson of Ohio was agreed to by a voice vote. Then, the 
Committee on Energy and Commerce agreed to a motion by Mr. 
Pallone, Chairman of the committee, to order H.R. 4500 reported 
favorably to the House, amended, by a voice vote, a quorum 
being present.

                           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. 
4500.

                         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 
encourage participation in global wireless standards bodies by 
trusted companies and relevant stakeholders.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 4500 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. 4500 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    The legislation does not create any new Federal advisory 
committee within the meaning of section 5(b) of the Federal 
Advisory Committee Act.

                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 ``Promoting United States Wireless Leadership Act of 
2019''.

Sec. 2. Representation and leadership of United States in 
        communications standards-setting bodies

    This section requires the National Telecommunications and 
Information Administration (NTIA), in consultation with the 
National Institute of Standards and Technology (NIST), to 
coordinate executive branch efforts to equitably encourage 
participation by trusted companies and a wide variety of 
relevant stakeholders in standards-setting bodies that set 
standards for 5G networks and future generations of wireless 
communications networks. This section further requires NTIA, in 
consultation with NIST, to equitably offer technical expertise 
to trusted companies and a wide variety of relevant 
stakeholders. Finally, this section requires NTIA to brief the 
House Committee on Energy and Commerce and Senate Committee on 
Commerce, Science, and Transportation within 60 days on their 
strategy to carry out these functions.

                        XVI. EXCHANGE OF LETTERS

              [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

      XVII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    No changes in existing law were made by H.R. 4500, as 
reported by the Committee on Energy and Commerce.

                                  [all]