II 

116TH CONGRESS 

1ST SESSION S. 2118 

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 SENATE OF THE UNITED STATES 

JULY 15, 2019 

Mr. COTTON (for himself, Mr. VAN HOLLEN, Mr. RUBIO, Mr. ROMNEY, Mr. 

WARNER, and Mr. BLUMENTHAL) introduced the following bill; which 

was read twice and referred to the Committee on Banking, Housing, and 

Urban Affairs 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 5G Future Act’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) EXPORT ADMINISTRATION REGULATIONS.— 

4 The term ‘‘Export Administration Regulations’’ 

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

6 of Federal Regulations. 

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

8 adversary’’ means any foreign government or foreign 

9 person engaged in a long-term pattern or serious in10 stances of conduct significantly adverse to the na11 tional security or foreign policy interests of the 

12 United States or security and safety of United 

13 States persons. 

14 (3) FOREIGN PERSON.—The term ‘‘foreign per15 son’’ means any person that is not a United States 

16 person. 

17 (4) INFORMATION AND COMMUNICATIONS

18 TECHNOLOGY OR SERVICES.—The term ‘‘informa19 tion and communications technology or services’’ 

20 means any hardware, software, or other product or 

21 service primarily intended to fulfill or enable the 

22 function of information or data processing, storage, 

23 retrieval, or communication by electronic means, in24 cluding transmission, storage, and display. 

25 (5) UNITED STATES PERSON.—The term 

26 ‘‘United States person’’ means— 


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1 (A) any United States citizen or alien law2 fully admitted for permanent residence in the 

3 United States; 

4 (B) any entity organized under the laws of 

5 the United States or any jurisdiction within the 

6 United States, including a foreign branch of 

7 such an entity; or 

8 (C) any person in the United States. 

9 SEC. 3. PROHIBITION ON DEALING IN INFORMATION AND 

10 COMMUNICATIONS TECHNOLOGY OR SERV11 ICES FROM FOREIGN ADVERSARIES. 

12 (a) IN GENERAL.—No United States person may en13 gage in a transaction for the acquisition, importation, 

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

15 and communications technology or service by a United 

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

17 the jurisdiction of the United States, if— 

18 (1) the transaction involves any property in 

19 which any foreign country or foreign person has any 

20 interest (including through an interest in a contract 

21 for the provision of the technology or service); 

22 (2) notwithstanding any contract entered into 

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

24 enactment of this Act, the transaction is initiated or 

25 pending on or after such date of enactment; and 


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1 (3) the Secretary of Commerce, in consultation 

2 with the officials specified in subsection (b), deter3 mines that— 

4 (A) the transaction involves information 

5 and communications technology or services de6 signed, developed, manufactured, or supplied, 

7 by persons owned by, controlled by, or subject 

8 to the jurisdiction or direction of a foreign ad9 versary; and 

10 (B) the transaction— 

11 (i) poses an undue risk of sabotage to 

12 or subversion of the design, integrity, man13 ufacturing, production, distribution, instal14 lation, operation, or maintenance of infor15 mation and communications technology or 

16 services in the United States; 

17 (ii) poses an undue risk of cata18 strophic effects on the security or resil19 iency of United States critical infrastruc20 ture or the digital economy of the United 

21 States; or 

22 (iii) otherwise poses an unacceptable 

23 risk to the national security or foreign pol24 icy interests of the United States or the se25 curity and safety of United States persons. 


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

2 this subsection are the following: 

3 (1) The Secretary of the Treasury. 

4 (2) The Secretary of State. 

5 (3) The Secretary of Defense. 

6 (4) The Attorney General. 

7 (5) The Secretary of Homeland Security. 

8 (6) The United States Trade Representative. 

9 (7) The Director of National Intelligence. 

10 (8) The Administrator of General Services. 

11 (9) The Chairman of the Federal Communica12 tions Commission. 

13 (10) The heads of such other Federal agencies 

14 as the Secretary of Commerce considers appropriate. 

15 (c) MITIGATION MEASURES.—The Secretary of Com16 merce, in consultation with the officials specified in sub17 section (b), as appropriate, may establish or negotiate 

18 measures to mitigate concerns that are the basis for a de19 termination under subsection (a)(3). Such measures may 

20 serve as a precondition to the approval of a transaction 

21 or of a class of transactions that would otherwise be pro22 hibited by subsection (a). 

23 (d) REGULATIONS.— 

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

25 after the date of the enactment of this Act, the SecVerDate Sep 11 2014 23:12 Jul 18, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2118.IS S2118

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1 retary of Commerce, in consultation with the offi2 cials specified in subsection (b), shall prescribe regu3 lations to carry out this section. 

4 (2) INCLUSIONS.—The regulations prescribed 

5 under paragraph (1) may include regulations with 

6 respect to— 

7 (A) determining that countries or persons 

8 are foreign adversaries for purposes of sub9 section (a)(3)(A); 

10 (B) identifying persons owned by, con11 trolled by, or subject to the jurisdiction or di12 rection of foreign adversaries for purposes of 

13 subsection (a)(3)(A); 

14 (C) identifying technologies or countries 

15 with respect to which transactions involving in16 formation and communications technology or 

17 services warrant particular scrutiny under sub18 section (a); 

19 (D) establishing procedures to license 

20 transactions otherwise prohibited by subsection 

21 (a); 

22 (E) establishing criteria, consistent with 

23 section 1 of this order, by which particular 

24 technologies or participants in the market for 

25 information and communications technology or 


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1 services may be recognized as categorically in2 cluded in or as categorically excluded from the 

3 prohibition under subsection (a); and 

4 (F) identifying a mechanism and relevant 

5 factors for the negotiation of mitigation meas6 ures under subsection (c). 

7 (e) IMPLEMENTATION; PENALTIES.— 

8 (1) IMPLEMENTATION.—The Secretary of Com9 merce may exercise the authorities provided to the 

10 President under sections 203 and 205 of the Inter11 national Emergency Economic Powers Act (50 

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

13 carry out this section. 

14 (2) PENALTIES.—A person that violates, at15 tempts to violate, conspires to violate, or causes a 

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

17 or order issued to carry out that subsection shall be 

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

19 and (c) of section 206 of the International Emer20 gency Economic Powers Act (50 U.S.C. 1705) to the 

21 same extent as a person that commits an unlawful 

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


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1 SEC. 4. CONTINUATION IN EFFECT OF EXPORT CONTROLS 

2 WITH RESPECT TO HUAWEI TECHNOLOGIES 

3 CO. LTD. 

4 (a) IN GENERAL.—The Secretary of Commerce shall 

5 not remove Huawei Technologies Co. Ltd., and its subsidi6 aries and affiliates, from the entity list maintained by the 

7 Bureau of Industry and Security and set forth in Supple8 ment No. 4 to part 744 of the Export Administration Reg9 ulations, unless— 

10 (1) the Secretary submits to Congress a request 

11 for approval of such removal; and 

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

13 of approval under subsection (b). 

14 (b) JOINT RESOLUTIONS OF APPROVAL.— 

15 (1) JOINT RESOLUTION OF APPROVAL DE16 FINED.—In this subsection, the term ‘‘joint resolu17 tion of approval’’ means a joint resolution of either 

18 House of Congress the sole matter after the resolv19 ing clause of which is as follows: ‘‘That Congress ap20 proves the removal of Huawei Technologies Co. Ltd., 

21 and its subsidiaries and affiliates, from the entity 

22 list maintained by the Bureau of Industry and Secu23 rity and set forth in Supplement No. 4 to part 744 

24 of the Export Administration Regulations, pursuant 

25 to the request of the Secretary of Commerce for 

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


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1 with the blank space being filled with the appro2 priate date. 

3 (2) INTRODUCTION; COMMITTEE REFERRAL.—A 

4 joint resolution of approval— 

5 (A) in the House of Representatives— 

6 (i) may be introduced by the Speaker 

7 or the minority leader; and 

8 (ii) shall be referred to the Committee 

9 on Financial Services; and 

10 (B) in the Senate— 

11 (i) may be introduced by the majority 

12 leader or the minority leader; and 

13 (ii) shall be referred to the Committee 

14 on Banking, Housing, and Urban Affairs. 

15 (3) COMMITTEE DISCHARGE AND FLOOR CON16 SIDERATION.—The provisions of paragraphs (4), (5) 

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

18 and (6) of section 216(c) of the Countering Amer19 ica’s Adversaries Through Sanctions Act (22 U.S.C. 

20 9511(c)) apply to a joint resolution of approval 

21 under this subsection to the same extent as such 

22 provisions apply to joint resolution of approval under 

23 such section 216(c). 


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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. 

16 SEC. 5. CONGRESSIONAL DISAPPROVAL OF EXPORT LI17 CENSES ISSUED TO HUAWEI TECHNOLOGIES 

18 CO. LTD., OR ITS SUBSIDIARIES OR AFFILI19 ATES. 

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

21 after issuing a license to or with respect to Huawei Tech22 nologies Co. Ltd., or any of its subsidiaries or affiliates, 

23 pursuant to the Export Administration Regulations, the 

24 Secretary of Commerce shall submit to Congress a report 

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


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1 (b) CONGRESSIONAL DISAPPROVAL.—A license de2 scribed in subsection (a) shall have no force or effect on 

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

4 of disapproval under subsection (c). 

5 (c) JOINT RESOLUTIONS OF DISAPPROVAL.— 

6 (1) JOINT RESOLUTION OF DISAPPROVAL DE7 FINED.—In this subsection, the term ‘‘joint resolu8 tion of disapproval’’ means a joint resolution of ei9 ther House of Congress the sole matter after the re10 solving clause of which is as follows: ‘‘That Congress 

11 does not approve the license issued to or with re12 spect to Huawei Technologies Co. Ltd., or one of its 

13 subsidiaries or affiliates, under the Export Adminis14 tration Regulations, relating to lll, notice of 

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

16 the first blank space being filled with a brief descrip17 tion of the items covered by the license and the sec18 ond blank space being filled with the appropriate 

19 date. 

20 (2) INTRODUCTION; COMMITTEE REFERRAL.—A 

21 joint resolution of disapproval— 

22 (A) in the House of Representatives— 

23 (i) may be introduced by the Speaker 

24 or the minority leader during the 30-day 

25 period beginning on the date on which the 


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1 report is submitted under subsection (a); 

2 and 

3 (ii) shall be referred to the Committee 

4 on Financial Services; and 

5 (B) in the Senate— 

6 (i) may be introduced by the majority 

7 leader or the minority leader during the 

8 30-day period beginning on the date on 

9 which the report is submitted under sub10 section (a); and 

11 (ii) shall be referred to the Committee 

12 on Banking, Housing, and Urban Affairs. 

13 (3) COMMITTEE DISCHARGE AND FLOOR CON14 SIDERATION.—The provisions of paragraphs (4), (5) 

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

16 and (6) of section 216(c) of the Countering Amer17 ica’s Adversaries Through Sanctions Act (22 U.S.C. 

18 9511(c)) apply to a joint resolution of disapproval 

19 under this subsection to the same extent as such 

20 provisions apply to joint resolution of disapproval 

21 under such section 216(c). 

22 (4) RULES OF HOUSE OF REPRESENTATIVES

23 AND SENATE.—This subsection is enacted by Con24 gress— 


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1 (A) as an exercise of the rulemaking power 

2 of the Senate and the House of Representa3 tives, respectively, and as such is deemed a part 

4 of the rules of each House, respectively, and su5 persedes other rules only to the extent that it 

6 is inconsistent with such rules; and 

7 (B) with full recognition of the constitu8 tional right of either House to change the rules 

9 (so far as relating to the procedure of that 

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

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

12 rule of that House. 

Æ 


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