I 

116TH CONGRESS 

1ST SESSION H. R. 3763 

To direct the Secretary of State 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 5th and 

future generations mobile telecommunications systems and infrastructure, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2019 

Mr. MCCAUL (for himself and Mr. CUELLAR) introduced the following bill; 

which was referred to the Committee on Foreign Affairs 

A BILL 

To direct the Secretary of State 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 5th and future 

generations mobile telecommunications systems and infrastructure, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Promoting United 

5 States International Leadership in 5G Act of 2019’’. 


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1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Market analysts estimate that in the United 

4 States, 5G technologies could create up to 3,000,000 

5 new jobs and add $500,000,000,000 to the country’s 

6 gross domestic product. Globally, analysts estimate 

7 that 5G technologies could generate 

8 $12,300,000,000,000 in sales activity across mul9 tiple industries and support 22,000,000 jobs by 

10 2035. 

11 (2) China is the most active espionage power 

12 when it comes to industrial espionage, theft of intel13 lectual property, and actions against groups or coun14 tries that the regime perceives as threatening. Its 

15 targets go well beyond the United States and include 

16 any country where China has interests and access. 

17 There are credible reports of China taking advan18 tage of network equipment supplied by its companies 

19 for intelligence advantage that date back almost two 

20 decades. 

21 (3) In the last year, China has ignored agree22 ments between China, the United States, and others 

23 not to engage in commercial espionage, and efforts 

24 to acquire American, European, and Asian tech25 nology have reached an unprecedented level. 


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1 (4) A recent report by the Defense Innovation 

2 Board lists a number of difficulties facing the de3 ployment of 5G technologies in the United States 

4 and concludes that ‘‘The country that owns 5G will 

5 own many of these innovations and set the stand6 ards for the rest of the world. . . .’’. 

7 (5) Standards adopted at international bodies, 

8 such as the International Telecommunication Union, 

9 the 3rd Generation Partnership Project, and the 5G 

10 Infrastructure Public Private Partnership, are crit11 ical to the global economy and to ensuring that net12 works and technology can connect globally. 

13 (6) The 2018 report to Congress by the U.S.- 

14 China Economic and Security Review Commission 

15 states that ‘‘International 5G standards will be set 

16 by 2019, facilitating large-scale commercial deploy17 ment expected by 2020. The Chinese government is 

18 encouraging its companies to play a greater role in 

19 international 5G standards organizations to ensure 

20 they set global standards; such leadership may result 

21 in higher revenues and exports from internationally 

22 accepted intellectual property and technology and 

23 more global influence over future wireless technology 

24 and standards development.’’. 


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1 (7) China’s Made in China 2025 initiative is 

2 driving support to Chinese companies to increasingly 

3 participate in and dominate international standards4 setting bodies so that it can restructure the global 

5 marketplace and dominate economically strategic in6 dustries. 

7 (8) Chinese officials have assumed a greater 

8 number of leadership roles at the International Tele9 communication Union, an intergovernmental public10 private partnership under the United Nations that 

11 allocates global radio spectrum and satellite orbits 

12 and establishes international technical standards for 

13 information and communication technologies. 

14 (9) Patented technology is used in international 

15 standards and a company that owns the patent nec16 essary to comply with international standards (also 

17 known as a standards-essential patent) gains global 

18 market share, licensing revenues, and a competitive 

19 edge in subsequent technology development. As such, 

20 the Chinese government, through its Made in China 

21 2025 and Internet Plus initiatives, is seeking to 

22 dominate the international standards-setting bodies 

23 so as to create an unfair advantage for Chinese com24 panies as the world adopts 5G technologies. 


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1 (10) General Joseph Dunford, Chairman of the 

2 Joint Chiefs of Staff, testified before the House 

3 Committee on Appropriations on May 1, 2019, that 

4 ‘‘One of the things that underlines an alliance is the 

5 ability to share information, and when we share in6 formation with allies and partners we have to have 

7 common standards of information assurance. We 

8 have to be sure that our secrets are protected, 

9 whether it be intelligence or technology transfer.’’. 

10 (11) On May 3, 2019, the Prague 5G Security 

11 Conference, which was widely attended by represent12 atives from the European Union, and the North At13 lantic Treaty Organization, including the United 

14 States, produced the Prague Proposals, which state 

15 that ‘‘communication networks and services should 

16 be designed with resilience and security in mind’’. 

17 SEC. 3. SENSE OF CONGRESS. 

18 It is the sense of Congress that— 

19 (1) the United States and its allies and part20 ners should maintain participation and leadership at 

21 international standards-setting bodies for 5th and 

22 future generations mobile telecommunications sys23 tems and infrastructure; 

24 (2) the United States should work with its allies 

25 and partners to encourage and facilitate the developVerDate Sep 11 2014 21:49 Jul 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3763.IH H3763

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1 ment of secure supply chains and networks for 5th 

2 and future generations mobile telecommunications 

3 systems and infrastructure; and 

4 (3) the maintenance of a standard of security 

5 in telecommunications and cyber between the United 

6 States and its allies and partners is a vital strategic 

7 and security interest of the United States. 

8 SEC. 4. ENHANCING REPRESENTATION AND LEADERSHIP 

9 OF UNITED STATES AT INTERNATIONAL 

10 STANDARDS-SETTING BODIES. 

11 (a) IN GENERAL.—The Secretary of State shall pro12 vide assistance and technical expertise, using amounts 

13 made available pursuant to existing authorizations of ap14 propriations, to enhance the representation and leadership 

15 of the United States at international standards-setting 

16 bodies that set standards for 5th and future generations 

17 mobile telecommunications systems and infrastructure, 

18 such as the International Telecommunication Union, and 

19 work with allies and partners as well as the private sector 

20 to also increase their engagement. 

21 (b) BRIEFING.—Not later than 90 days after the date 

22 of the enactment of this Act, the Secretary of State shall 

23 provide to the Committee on Foreign Affairs of the House 

24 of Representatives and the Committee on Foreign Rela25 tions of the Senate a briefing that shall include— 


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1 (1) the strategy of the Department of State to 

2 promote United States leadership at international 

3 standards-setting bodies relevant to 5th and future 

4 generation mobile telecommunications systems and 

5 infrastructure; 

6 (2) a strategy for diplomatic engagement with 

7 allies and partners to share security risk information 

8 and findings pertaining to equipment that supports 

9 or is used in 5th and future generations mobile tele10 communications systems and infrastructure and co11 operation on mitigating such risks; and 

12 (3) a discussion of China’s presence and activi13 ties at international standards-setting bodies rel14 evant to 5th and future generation mobile tele15 communications systems and infrastructure, includ16 ing information on the differences in the scope and 

17 scale of China’s engagement at such bodies com18 pared to engagement by the United States or its al19 lies and partners and the security risks raised by 

20 Chinese proposals in such standards-setting bodies. 

21 (c) AUTHORIZATION TO RELEASE DATA.—The head 

22 of each Federal department or agency, including any inde23 pendent agency, is authorized and directed to furnish to 

24 the Secretary of State, upon request, such data, reports, 


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1 and other information the Secretary determines necessary 

2 to carry out the functions under this section. 

Æ 


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