H.R. 3763 — what changed
Promoting United States International Leadership in 5G Act of 2019
From Introduced in House to Engrossed in House. 2 sections amended and 1 removed between Introduced in House and Engrossed in House.
Sec. 2 Sense of Congress
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Congress finds It is the following:sense of Congress that—
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Market analysts estimate that in the United States, 5G technologies could create up to 3,000,000 new jobs States 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 its allies and support 22,000,000 jobs by 2035.partners should maintain participation and leadership at international standards-setting bodies for 5th and future generations mobile telecommunications systems and infrastructure;
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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 should work with its allies and include any country where China has interests partners to encourage and access. There are credible reports of China taking advantage facilitate the development of network equipment supplied by its companies secure supply chains and networks for intelligence advantage that date back almost two decades.5th and future generations mobile telecommunications systems and infrastructure; and
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In the last year, China has ignored agreements maintenance of a high standard of security in telecommunications and cyberspace between China, the United States, and others not to engage in commercial espionage, States and efforts to acquire American, European, its allies and Asian technology have reached an unprecedented level.partners is a national security interest of the United States.
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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. …”.
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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.
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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.”.
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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.
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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.
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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.
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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.”.
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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 Enhancing representation and leadership of United States at international standards-setting bodies
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In general— The President shall establish an interagency working group 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 equipment, systems, software, and virtually-defined networks that support 5th and future generations mobile telecommunications systems and infrastructure, such as the International Telecommunication Union and the 3rd Generation Partnership Project. The President shall also work with allies and partners, as well as the private sector, to increase productive engagement.
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It is the sense of Congress that—
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Interagency working group— 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;The interagency working group described in subsection (a) shall—
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be chaired by the Secretary of State or a designee of the Secretary of State; and
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consist of the head (or designee) of each Federal department or agency the President determines appropriate.
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Briefing—
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In general— Not later than 180 days after the date of the enactment of this Act, and subsequently thereafter as provided in paragraph (2), the interagency working group described in subsection (a) 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—
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a strategy to promote United States leadership at international standards-setting bodies for equipment, systems, software, and virtually-defined networks relevant to 5th and future generation mobile telecommunications systems and infrastructure, taking into account the different processes followed by the various international standard-setting bodies;
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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;
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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; and
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a strategy for engagement with private sector communications and information service providers, equipment developers, academia, federally funded research and development centers, and other private-sector stakeholders to propose and develop secure standards for equipment, systems, software, and virtually-defined networks that support 5th and future generation mobile telecommunications systems and infrastructure.
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Subsequent briefings— Upon request by the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, or as determined appropriate by the chair of the interagency working group described in subsection (a), the interagency working group shall provide to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate an updated briefing including the matters described in subparagraphs (A) through (D) of paragraph (1).
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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
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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
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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.
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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—
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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;
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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
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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.
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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.