I 

116TH CONGRESS 

1ST SESSION H. R. 3759 

To prohibit United States persons from dealing in certain information and 

communications technology or services from foreign adversaries and to 

require the approval of Congress to terminate certain export controls 

in effect with respect to Huawei Technologies Co. Ltd., and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2019 

Mr. GALLAGHER (for himself, Mr. PANETTA, Ms. CHENEY, and Mr. 

GALLEGO) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Rules, 

and Ways and Means, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To prohibit United States persons from dealing in certain 

information and communications technology or services 

from foreign adversaries and to require the approval 

of Congress to terminate certain export controls in effect 

with respect to Huawei Technologies Co. Ltd., and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42 with BILLS
2 

•HR 3759 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Defending America’s 

3 5G Future Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) EXPORT ADMINISTRATION REGULATIONS.— 

7 The term ‘‘Export Administration Regulations’’ 

8 means subchapter C of chapter VII of title 15, Code 

9 of Federal Regulations. 

10 (2) FOREIGN ADVERSARY.—The term ‘‘foreign 

11 adversary’’ means any foreign government or foreign 

12 person engaged in a long-term pattern or serious in13 stances of conduct significantly adverse to the na14 tional security or foreign policy interests of the 

15 United States or security and safety of United 

16 States persons. 

17 (3) FOREIGN PERSON.—The term ‘‘foreign per18 son’’ means any person that is not a United States 

19 person. 

20 (4) INFORMATION AND COMMUNICATIONS

21 TECHNOLOGY OR SERVICES.—The term ‘‘informa22 tion and communications technology or services’’ 

23 means any hardware, software, or other product or 

24 service primarily intended to fulfill or enable the 

25 function of information or data processing, storage, 


kjohnson on DSK79L0C42 with BILLS
3 

•HR 3759 IH

1 retrieval, or communication by electronic means, in2 cluding transmission, storage, and display. 

3 (5) UNITED STATES PERSON.—The term 

4 ‘‘United States person’’ means— 

5 (A) any United States citizen or alien law6 fully admitted for permanent residence in the 

7 United States; 

8 (B) any entity organized under the laws of 

9 the United States or any jurisdiction within the 

10 United States, including a foreign branch of 

11 such an entity; or 

12 (C) any person in the United States. 

13 SEC. 3. PROHIBITION ON DEALING IN INFORMATION AND 

14 COMMUNICATIONS TECHNOLOGY OR SERV15 ICES FROM FOREIGN ADVERSARIES. 

16 (a) IN GENERAL.—No United States person may en17 gage in a transaction for the acquisition, importation, 

18 transfer, installation, dealing in, or use of any information 

19 and communications technology or service by a United 

20 States person, or with respect to any property subject to 

21 the jurisdiction of the United States, if— 

22 (1) the transaction involves any property in 

23 which any foreign country or foreign person has any 

24 interest (including through an interest in a contract 

25 for the provision of the technology or service); 


kjohnson on DSK79L0C42 with BILLS
4 

•HR 3759 IH

1 (2) notwithstanding any contract entered into 

2 or any license or permit issued before the date of the 

3 enactment of this Act, the transaction is initiated or 

4 pending on or after such date of enactment; and 

5 (3) the Secretary of Commerce, in consultation 

6 with the officials specified in subsection (b), deter7 mines that— 

8 (A) the transaction involves information 

9 and communications technology or services de10 signed, developed, manufactured, or supplied, 

11 by persons owned by, controlled by, or subject 

12 to the jurisdiction or direction of a foreign ad13 versary; and 

14 (B) the transaction— 

15 (i) poses an undue risk of sabotage to 

16 or subversion of the design, integrity, man17 ufacturing, production, distribution, instal18 lation, operation, or maintenance of infor19 mation and communications technology or 

20 services in the United States; 

21 (ii) poses an undue risk of cata22 strophic effects on the security or resil23 iency of United States critical infrastruc24 ture or the digital economy of the United 

25 States; or 


kjohnson on DSK79L0C42 with BILLS
5 

•HR 3759 IH

1 (iii) otherwise poses an unacceptable 

2 risk to the national security or foreign pol3 icy interests of the United States or the se4 curity and safety of United States persons. 

5 (b) OFFICIALS SPECIFIED.—The officials specified in 

6 this subsection are the following: 

7 (1) The Secretary of the Treasury. 

8 (2) The Secretary of State. 

9 (3) The Secretary of Defense. 

10 (4) The Attorney General. 

11 (5) The Secretary of Homeland Security. 

12 (6) The United States Trade Representative. 

13 (7) The Director of National Intelligence. 

14 (8) The Administrator of General Services. 

15 (9) The Chairman of the Federal Communica16 tions Commission. 

17 (10) The heads of such other Federal agencies 

18 as the Secretary of Commerce considers appropriate. 

19 (c) MITIGATION MEASURES.—The Secretary of Com20 merce, in consultation with the officials specified in sub21 section (b), as appropriate, may establish or negotiate 

22 measures to mitigate concerns that are the basis for a de23 termination under subsection (a)(3). Such measures may 

24 serve as a precondition to the approval of a transaction 


kjohnson on DSK79L0C42 with BILLS
6 

•HR 3759 IH

1 or of a class of transactions that would otherwise be pro2 hibited by subsection (a). 

3 (d) REGULATIONS.— 

4 (1) IN GENERAL.—Not later than 150 days 

5 after the date of the enactment of this Act, the Sec6 retary of Commerce, in consultation with the offi7 cials specified in subsection (b), shall prescribe regu8 lations to carry out this section. 

9 (2) INCLUSIONS.—The regulations prescribed 

10 under paragraph (1) may include regulations with 

11 respect to— 

12 (A) determining that countries or persons 

13 are foreign adversaries for purposes of sub14 section (a)(3)(A); 

15 (B) identifying persons owned by, con16 trolled by, or subject to the jurisdiction or di17 rection of foreign adversaries for purposes of 

18 subsection (a)(3)(A); 

19 (C) identifying technologies or countries 

20 with respect to which transactions involving in21 formation and communications technology or 

22 services warrant particular scrutiny under sub23 section (a); 


kjohnson on DSK79L0C42 with BILLS
7 

•HR 3759 IH

1 (D) establishing procedures to license 

2 transactions otherwise prohibited by subsection 

3 (a); 

4 (E) establishing criteria, consistent with 

5 section 1 of this order, by which particular 

6 technologies or participants in the market for 

7 information and communications technology or 

8 services may be recognized as categorically in9 cluded in or as categorically excluded from the 

10 prohibition under subsection (a); and 

11 (F) identifying a mechanism and relevant 

12 factors for the negotiation of mitigation meas13 ures under subsection (c). 

14 (e) IMPLEMENTATION; PENALTIES.— 

15 (1) IMPLEMENTATION.—The Secretary of Com16 merce may exercise the authorities provided to the 

17 President under sections 203 and 205 of the Inter18 national Emergency Economic Powers Act (50 

19 U.S.C. 1702 and 1704) to the extent necessary to 

20 carry out this section. 

21 (2) PENALTIES.—A person that violates, at22 tempts to violate, conspires to violate, or causes a 

23 violation of subsection (a) or any regulation, license, 

24 or order issued to carry out that subsection shall be 

25 subject to the penalties set forth in subsections (b) 


kjohnson on DSK79L0C42 with BILLS
8 

•HR 3759 IH

1 and (c) of section 206 of the International Emer2 gency Economic Powers Act (50 U.S.C. 1705) to the 

3 same extent as a person that commits an unlawful 

4 act described in subsection (a) of that section. 

5 SEC. 4. CONTINUATION IN EFFECT OF EXPORT CONTROLS 

6 WITH RESPECT TO HUAWEI TECHNOLOGIES 

7 CO. LTD. 

8 (a) IN GENERAL.—The Secretary of Commerce may 

9 not remove Huawei Technologies Co. Ltd., and its subsidi10 aries and affiliates, from the entity list maintained by the 

11 Bureau of Industry and Security and set forth in Supple12 ment No. 4 to part 744 of the Export Administration Reg13 ulations, unless— 

14 (1) the Secretary submits to Congress a request 

15 for approval of such removal; and 

16 (2) there is enacted into law a joint resolution 

17 of approval under subsection (b). 

18 (b) JOINT RESOLUTIONS OF APPROVAL.— 

19 (1) JOINT RESOLUTION OF APPROVAL DE20 FINED.—In this subsection, the term ‘‘joint resolu21 tion of approval’’ means a joint resolution of either 

22 House of Congress the sole matter after the resolv23 ing clause of which is as follows: ‘‘That Congress ap24 proves the removal of Huawei Technologies Co. Ltd., 

25 and its subsidiaries and affiliates, from the entity 


kjohnson on DSK79L0C42 with BILLS
9 

•HR 3759 IH

1 list maintained by the Bureau of Industry and Secu2 rity and set forth in Supplement No. 4 to part 744 

3 of the Export Administration Regulations, pursuant 

4 to the request of the Secretary of Commerce for 

5 such removal submitted to Congress on lll.’’, 

6 with the blank space being filled with the appro7 priate date. 

8 (2) INTRODUCTION; COMMITTEE REFERRAL.—A 

9 joint resolution of approval— 

10 (A) in the House of Representatives— 

11 (i) may be introduced by the Speaker 

12 or the minority leader; and 

13 (ii) shall be referred to the Committee 

14 on Financial Services; and 

15 (B) in the Senate— 

16 (i) may be introduced by the majority 

17 leader or the minority leader; and 

18 (ii) shall be referred to the Committee 

19 on Banking, Housing, and Urban Affairs. 

20 (3) COMMITTEE DISCHARGE AND FLOOR CON21 SIDERATION.—The provisions of paragraphs (4), (5) 

22 (other than subparagraph (A) of paragraph (5)), 

23 and (6) of section 216(c) of the Countering Amer24 ica’s Adversaries Through Sanctions Act (22 U.S.C. 

25 9511(c)) apply to a joint resolution of approval 


kjohnson on DSK79L0C42 with BILLS
10 

•HR 3759 IH

1 under this subsection to the same extent as such 

2 provisions apply to joint resolution of approval under 

3 such section 216(c). 

4 (4) RULES OF HOUSE OF REPRESENTATIVES

5 AND SENATE.—This subsection is enacted by Con6 gress— 

7 (A) as an exercise of the rulemaking power 

8 of the Senate and the House of Representa9 tives, respectively, and as such is deemed a part 

10 of the rules of each House, respectively, and su11 persedes other rules only to the extent that it 

12 is inconsistent with such rules; and 

13 (B) with full recognition of the constitu14 tional right of either House to change the rules 

15 (so far as relating to the procedure of that 

16 House) at any time, in the same manner, and 

17 to the same extent as in the case of any other 

18 rule of that House. 

19 SEC. 5. CONGRESSIONAL DISAPPROVAL OF EXPORT LI20 CENSES ISSUED TO HUAWEI TECHNOLOGIES 

21 CO. LTD., OR ITS SUBSIDIARIES OR AFFILI22 ATES. 

23 (a) REPORT REQUIRED.—Not later than 15 days 

24 after issuing a license to or with respect to Huawei Tech25 nologies Co. Ltd., or any of its subsidiaries or affiliates, 


kjohnson on DSK79L0C42 with BILLS
11 

•HR 3759 IH

1 pursuant to the Export Administration Regulations, the 

2 Secretary of Commerce shall submit to Congress a report 

3 on the license and the reasons for issuing the license. 

4 (b) CONGRESSIONAL DISAPPROVAL.—A license de5 scribed in subsection (a) shall have no force or effect on 

6 or after the date of the enactment of a joint resolution 

7 of disapproval under subsection (c). 

8 (c) JOINT RESOLUTIONS OF DISAPPROVAL.— 

9 (1) JOINT RESOLUTION OF DISAPPROVAL DE10 FINED.—In this subsection, the term ‘‘joint resolu11 tion of disapproval’’ means a joint resolution of ei12 ther House of Congress the sole matter after the re13 solving clause of which is as follows: ‘‘That Congress 

14 does not approve the license issued to or with re15 spect to Huawei Technologies Co. Ltd., or one of its 

16 subsidiaries or affiliates, under the Export Adminis17 tration Regulations, relating to lll, notice of 

18 which was submitted to Congress on lll.’’, with 

19 the first blank space being filled with a brief descrip20 tion of the items covered by the license and the sec21 ond blank space being filled with the appropriate 

22 date. 

23 (2) INTRODUCTION; COMMITTEE REFERRAL.—A 

24 joint resolution of disapproval— 

25 (A) in the House of Representatives— 


kjohnson on DSK79L0C42 with BILLS
12 

•HR 3759 IH

1 (i) may be introduced by the Speaker 

2 or the minority leader during the 30-day 

3 period beginning on the date on which the 

4 report is submitted under subsection (a); 

5 and 

6 (ii) shall be referred to the Committee 

7 on Financial Services; and 

8 (B) in the Senate— 

9 (i) may be introduced by the majority 

10 leader or the minority leader during the 

11 30-day period beginning on the date on 

12 which the report is submitted under sub13 section (a); and 

14 (ii) shall be referred to the Committee 

15 on Banking, Housing, and Urban Affairs. 

16 (3) COMMITTEE DISCHARGE AND FLOOR CON17 SIDERATION.—The provisions of paragraphs (4), (5) 

18 (other than subparagraph (A) of paragraph (5)), 

19 and (6) of section 216(c) of the Countering Amer20 ica’s Adversaries Through Sanctions Act (22 U.S.C. 

21 9511(c)) apply to a joint resolution of disapproval 

22 under this subsection to the same extent as such 

23 provisions apply to joint resolution of disapproval 

24 under such section 216(c). 


kjohnson on DSK79L0C42 with BILLS
13 

•HR 3759 IH

1 (4) RULES OF HOUSE OF REPRESENTATIVES

2 AND SENATE.—This subsection is enacted by Con3 gress— 

4 (A) as an exercise of the rulemaking power 

5 of the Senate and the House of Representa6 tives, respectively, and as such is deemed a part 

7 of the rules of each House, respectively, and su8 persedes other rules only to the extent that it 

9 is inconsistent with such rules; and 

10 (B) with full recognition of the constitu11 tional right of either House to change the rules 

12 (so far as relating to the procedure of that 

13 House) at any time, in the same manner, and 

14 to the same extent as in the case of any other 

15 rule of that House. 

Æ 


kjohnson on DSK79L0C42 with BILLS