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 Com-
mittee 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Defending America’s 
5G Future Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
(1) EXPORT ADMINISTRATION REGULATIONS.— 
The term ‘‘Export Administration Regulations’’ 
means subchapter C of chapter VII of title 15, Code 
of Federal Regulations. 
(2) FOREIGN ADVERSARY.—The term ‘‘foreign 
adversary’’ means any foreign government or foreign 
person engaged in a long-term pattern or serious in-
stances of conduct significantly adverse to the na-
tional security or foreign policy interests of the 
United States or security and safety of United 
States persons. 
(3) FOREIGN PERSON.—The term ‘‘foreign per-
son’’ means any person that is not a United States 
person. 
(4) 
INFORMATION
AND
COMMUNICATIONS 
TECHNOLOGY
OR
SERVICES.—The term ‘‘informa-
tion and communications technology or services’’ 
means any hardware, software, or other product or 
service primarily intended to fulfill or enable the 
function of information or data processing, storage, 
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retrieval, or communication by electronic means, in-
cluding transmission, storage, and display. 
(5) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) any United States citizen or alien law-
fully admitted for permanent residence in the 
United States; 
(B) any entity organized under the laws of 
the United States or any jurisdiction within the 
United States, including a foreign branch of 
such an entity; or 
(C) any person in the United States. 
SEC. 3. PROHIBITION ON DEALING IN INFORMATION AND 
COMMUNICATIONS TECHNOLOGY OR SERV-
ICES FROM FOREIGN ADVERSARIES. 
(a) IN GENERAL.—No United States person may en-
gage in a transaction for the acquisition, importation, 
transfer, installation, dealing in, or use of any information 
and communications technology or service by a United 
States person, or with respect to any property subject to 
the jurisdiction of the United States, if— 
(1) the transaction involves any property in 
which any foreign country or foreign person has any 
interest (including through an interest in a contract 
for the provision of the technology or service); 
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(2) notwithstanding any contract entered into 
or any license or permit issued before the date of the 
enactment of this Act, the transaction is initiated or 
pending on or after such date of enactment; and 
(3) the Secretary of Commerce, in consultation 
with the officials specified in subsection (b), deter-
mines that— 
(A) the transaction involves information 
and communications technology or services de-
signed, developed, manufactured, or supplied, 
by persons owned by, controlled by, or subject 
to the jurisdiction or direction of a foreign ad-
versary; and 
(B) the transaction— 
(i) poses an undue risk of sabotage to 
or subversion of the design, integrity, man-
ufacturing, production, distribution, instal-
lation, operation, or maintenance of infor-
mation and communications technology or 
services in the United States; 
(ii) poses an undue risk of cata-
strophic effects on the security or resil-
iency of United States critical infrastruc-
ture or the digital economy of the United 
States; or 
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(iii) otherwise poses an unacceptable 
risk to the national security or foreign pol-
icy interests of the United States or the se-
curity and safety of United States persons. 
(b) OFFICIALS SPECIFIED.—The officials specified in 
this subsection are the following: 
(1) The Secretary of the Treasury. 
(2) The Secretary of State. 
(3) The Secretary of Defense. 
(4) The Attorney General. 
(5) The Secretary of Homeland Security. 
(6) The United States Trade Representative. 
(7) The Director of National Intelligence. 
(8) The Administrator of General Services. 
(9) The Chairman of the Federal Communica-
tions Commission. 
(10) The heads of such other Federal agencies 
as the Secretary of Commerce considers appropriate. 
(c) MITIGATION MEASURES.—The Secretary of Com-
merce, in consultation with the officials specified in sub-
section (b), as appropriate, may establish or negotiate 
measures to mitigate concerns that are the basis for a de-
termination under subsection (a)(3). Such measures may 
serve as a precondition to the approval of a transaction 
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or of a class of transactions that would otherwise be pro-
hibited by subsection (a). 
(d) REGULATIONS.— 
(1) IN
GENERAL.—Not later than 150 days 
after the date of the enactment of this Act, the Sec-
retary of Commerce, in consultation with the offi-
cials specified in subsection (b), shall prescribe regu-
lations to carry out this section. 
(2) INCLUSIONS.—The regulations prescribed 
under paragraph (1) may include regulations with 
respect to— 
(A) determining that countries or persons 
are foreign adversaries for purposes of sub-
section (a)(3)(A); 
(B) identifying persons owned by, con-
trolled by, or subject to the jurisdiction or di-
rection of foreign adversaries for purposes of 
subsection (a)(3)(A); 
(C) identifying technologies or countries 
with respect to which transactions involving in-
formation and communications technology or 
services warrant particular scrutiny under sub-
section (a); 
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(D) establishing procedures to license 
transactions otherwise prohibited by subsection 
(a); 
(E) establishing criteria, consistent with 
section 1 of this order, by which particular 
technologies or participants in the market for 
information and communications technology or 
services may be recognized as categorically in-
cluded in or as categorically excluded from the 
prohibition under subsection (a); and 
(F) identifying a mechanism and relevant 
factors for the negotiation of mitigation meas-
ures under subsection (c). 
(e) IMPLEMENTATION; PENALTIES.— 
(1) IMPLEMENTATION.—The Secretary of Com-
merce may exercise the authorities provided to the 
President under sections 203 and 205 of the Inter-
national Emergency Economic Powers Act (50 
U.S.C. 1702 and 1704) to the extent necessary to 
carry out this section. 
(2) PENALTIES.—A person that violates, at-
tempts to violate, conspires to violate, or causes a 
violation of subsection (a) or any regulation, license, 
or order issued to carry out that subsection shall be 
subject to the penalties set forth in subsections (b) 
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and (c) of section 206 of the International Emer-
gency Economic Powers Act (50 U.S.C. 1705) to the 
same extent as a person that commits an unlawful 
act described in subsection (a) of that section. 
SEC. 4. CONTINUATION IN EFFECT OF EXPORT CONTROLS 
WITH RESPECT TO HUAWEI TECHNOLOGIES 
CO. LTD. 
(a) IN GENERAL.—The Secretary of Commerce may 
not remove Huawei Technologies Co. Ltd., and its subsidi-
aries and affiliates, from the entity list maintained by the 
Bureau of Industry and Security and set forth in Supple-
ment No. 4 to part 744 of the Export Administration Reg-
ulations, unless— 
(1) the Secretary submits to Congress a request 
for approval of such removal; and 
(2) there is enacted into law a joint resolution 
of approval under subsection (b). 
(b) JOINT RESOLUTIONS OF APPROVAL.— 
(1) JOINT
RESOLUTION
OF
APPROVAL
DE-
FINED.—In this subsection, the term ‘‘joint resolu-
tion of approval’’ means a joint resolution of either 
House of Congress the sole matter after the resolv-
ing clause of which is as follows: ‘‘That Congress ap-
proves the removal of Huawei Technologies Co. Ltd., 
and its subsidiaries and affiliates, from the entity 
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list maintained by the Bureau of Industry and Secu-
rity and set forth in Supplement No. 4 to part 744 
of the Export Administration Regulations, pursuant 
to the request of the Secretary of Commerce for 
such removal submitted to Congress on lll.’’, 
with the blank space being filled with the appro-
priate date. 
(2) INTRODUCTION; COMMITTEE REFERRAL.—A 
joint resolution of approval— 
(A) in the House of Representatives— 
(i) may be introduced by the Speaker 
or the minority leader; and 
(ii) shall be referred to the Committee 
on Financial Services; and 
(B) in the Senate— 
(i) may be introduced by the majority 
leader or the minority leader; and 
(ii) shall be referred to the Committee 
on Banking, Housing, and Urban Affairs. 
(3) COMMITTEE DISCHARGE AND FLOOR CON-
SIDERATION.—The provisions of paragraphs (4), (5) 
(other than subparagraph (A) of paragraph (5)), 
and (6) of section 216(c) of the Countering Amer-
ica’s Adversaries Through Sanctions Act (22 U.S.C. 
9511(c)) apply to a joint resolution of approval 
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under this subsection to the same extent as such 
provisions apply to joint resolution of approval under 
such section 216(c). 
(4) RULES
OF
HOUSE
OF
REPRESENTATIVES 
AND SENATE.—This subsection is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representa-
tives, respectively, and as such is deemed a part 
of the rules of each House, respectively, and su-
persedes other rules only to the extent that it 
is inconsistent with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner, and 
to the same extent as in the case of any other 
rule of that House. 
SEC. 5. CONGRESSIONAL DISAPPROVAL OF EXPORT LI-
CENSES ISSUED TO HUAWEI TECHNOLOGIES 
CO. LTD., OR ITS SUBSIDIARIES OR AFFILI-
ATES. 
(a) REPORT REQUIRED.—Not later than 15 days 
after issuing a license to or with respect to Huawei Tech-
nologies Co. Ltd., or any of its subsidiaries or affiliates, 
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pursuant to the Export Administration Regulations, the 
Secretary of Commerce shall submit to Congress a report 
on the license and the reasons for issuing the license. 
(b) CONGRESSIONAL DISAPPROVAL.—A license de-
scribed in subsection (a) shall have no force or effect on 
or after the date of the enactment of a joint resolution 
of disapproval under subsection (c). 
(c) JOINT RESOLUTIONS OF DISAPPROVAL.— 
(1) JOINT RESOLUTION OF DISAPPROVAL DE-
FINED.—In this subsection, the term ‘‘joint resolu-
tion of disapproval’’ means a joint resolution of ei-
ther House of Congress the sole matter after the re-
solving clause of which is as follows: ‘‘That Congress 
does not approve the license issued to or with re-
spect to Huawei Technologies Co. Ltd., or one of its 
subsidiaries or affiliates, under the Export Adminis-
tration Regulations, relating to lll, notice of 
which was submitted to Congress on lll.’’, with 
the first blank space being filled with a brief descrip-
tion of the items covered by the license and the sec-
ond blank space being filled with the appropriate 
date. 
(2) INTRODUCTION; COMMITTEE REFERRAL.—A 
joint resolution of disapproval— 
(A) in the House of Representatives— 
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(i) may be introduced by the Speaker 
or the minority leader during the 30-day 
period beginning on the date on which the 
report is submitted under subsection (a); 
and 
(ii) shall be referred to the Committee 
on Financial Services; and 
(B) in the Senate— 
(i) may be introduced by the majority 
leader or the minority leader during the 
30-day period beginning on the date on 
which the report is submitted under sub-
section (a); and 
(ii) shall be referred to the Committee 
on Banking, Housing, and Urban Affairs. 
(3) COMMITTEE DISCHARGE AND FLOOR CON-
SIDERATION.—The provisions of paragraphs (4), (5) 
(other than subparagraph (A) of paragraph (5)), 
and (6) of section 216(c) of the Countering Amer-
ica’s Adversaries Through Sanctions Act (22 U.S.C. 
9511(c)) apply to a joint resolution of disapproval 
under this subsection to the same extent as such 
provisions apply to joint resolution of disapproval 
under such section 216(c). 
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(4) RULES
OF
HOUSE
OF
REPRESENTATIVES 
AND SENATE.—This subsection is enacted by Con-
gress— 
(A) as an exercise of the rulemaking power 
of the Senate and the House of Representa-
tives, respectively, and as such is deemed a part 
of the rules of each House, respectively, and su-
persedes other rules only to the extent that it 
is inconsistent with such rules; and 
(B) with full recognition of the constitu-
tional right of either House to change the rules 
(so far as relating to the procedure of that 
House) at any time, in the same manner, and 
to the same extent as in the case of any other 
rule of that House. 
Æ 
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