,i #aafth ,,congress #ast ,session ,h4 ,r4 #cgei ,,in ,,the ,,house ,,of ,,representatives ,july #ae1 #bjai,mr4 ,gallagher 7for himself1 ,mr4 ,panetta1 ,ms4 ,cheney1 and ,mr4 ,gallego7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,rules1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 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 ,co4 ,ltd41 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,defending ,america's #e;,g ,future ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,export ,administration ,regulations ,the term ,export ,administration ,regulations means subchapter ,c of chapter ,,vii of title #ae1 ,code of ,federal ,regulations4 7#b7 ,foreign adversary ,the term foreign adversary means any foreign government or foreign person engaged in a longterm pattern or serious instances of conduct significantly adverse to the national security or foreign policy interests of the ,united ,states or security and safety of ,united ,states persons4 7#c7 ,foreign person ,the term foreign person means any person that is not a ,united ,states person4 7#d7 ,information and communications technology or services ,the term information and communications technology or services means any hardware1 software1 or other product or service primarily intended to fulfill or enable the function of information or data processing1 storage1 retrieval1 or communication by electronic means1 including transmission1 storage1 and display4 7#e7 ,united ,states person ,the term ,united ,states person means-- 7,a7 any ,united ,states citizen or alien lawfully admitted for permanent residence in the ,united ,states2 7,b7 any entity organized under the laws of the ,united ,states or any jurisdiction within the ,united ,states1 including a foreign branch of such an entity2 or 7,c7 any person in the ,united ,states4 #c4 ,prohibition on dealing in information and communications technology or services from foreign adversaries 7a7 ,in general ,no ,united ,states person may engage in a transaction for the acquisition1 importation1 transfer1 installation1 dealing in1 or use of any information and communications technology or service by a ,united ,states person1 or with respect to any property subject to the jurisdiction of the ,united ,states1 if-- 7#a7 the transaction involves any property in which any foreign country or foreign person has any interest 7including through an interest in a contract for the provision of the technology or service72 7#b7 notwithstanding any contract entered into or any license or permit issued before the date of the enactment of this ,act1 the transaction is initiated or pending on or after such date of enactment2 and 7#c7 the ,secretary of ,commerce1 in consultation with the officials specified in subsection 7b71 determines that-- 7,a7 the transaction involves information and communications technology or services designed1 developed1 manufactured1 or supplied1 by persons owned by1 controlled by1 or subject to the jurisdiction or direction of a foreign adversary2 and 7,b7 the transaction-- 7i7 poses an undue risk of sabotage to or subversion of the design1 integrity1 manufacturing1 production1 distribution1 installation1 operation1 or maintenance of information and communications technology or services in the ,united ,states2 7ii7 poses an undue risk of catastrophic effects on the security or resiliency of ,united ,states critical infrastructure or the digital economy of the ,united ,states2 or 7iii7 otherwise poses an unacceptable risk to the national security or foreign policy interests of the ,united ,states or the security and safety of ,united ,states persons4 7b7 ,officials specified ,the officials specified in this subsection are the following3 7#a7 ,the ,secretary of the ,treasury4 7#b7 ,the ,secretary of ,state4 7#c7 ,the ,secretary of ,defense4 7#d7 ,the ,attorney ,general4 7#e7 ,the ,secretary of ,homeland ,security4 7#f7 ,the ,united ,states ,trade ,representative4 7#g7 ,the ,director of ,national ,intelligence4 7#h7 ,the ,administrator of ,general ,services4 7#i7 ,the ,chairman of the ,federal ,communications ,commission4 7#aj7 ,the heads of such other ,federal agencies as the ,secretary of ,commerce considers appropriate4 7c7 ,mitigation measures ,the ,secretary of ,commerce1 in consultation with the officials specified in subsection 7b71 as appropriate1 may establish or negotiate measures to mitigate concerns that are the basis for a determination under subsection 7a77#c74 ,such measures may serve as a precondition to the approval of a transaction or of a class of transactions that would otherwise be prohibited by subsection 7a74 7d7 ,regulations 7#a7 ,in general ,not later than #aej days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 in consultation with the officials specified in subsection 7b71 shall prescribe regulations to carry out this section4 7#b7 ,inclusions ,the regulations prescribed under paragraph 7#a7 may include regulations with respect to-- 7,a7 determining that countries or persons are foreign adversaries for purposes of subsection 7a77#c77;,a72 7,b7 identifying persons owned by1 controlled by1 or subject to the jurisdiction or direction of foreign adversaries for purposes of subsection 7a77#c77;,a72 7,c7 identifying technologies or countries with respect to which transactions involving information and communications technology or services warrant particular scrutiny under subsection 7a72 7,d7 establishing procedures to license transactions otherwise prohibited by subsection 7a72 7,e7 establishing criteria1 consistent with section #a of this order1 by which particular technologies or participants in the market for information and communications technology or services may be recognized as categorically included in or as categorically excluded from the prohibition under subsection 7a72 and 7,f7 identifying a mechanism and relevant factors for the negotiation of mitigation measures under subsection 7c74 7e7 ,implementation2 penalties 7#a7 ,implementation ,the ,secretary of ,commerce may exercise the authorities provided to the ,president under sections #bjc and #bje of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agjb and #agjd7 to the extent necessary to carry out this section4 7#b7 ,penalties ,a person that violates1 attempts to violate1 conspires to violate1 or causes a violation of subsection 7a7 or any regulation1 license1 or order issued to carry out that subsection shall be subject to the penalties set forth in subsections 7b7 and 7c7 of section #bjf of the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agje7 to the same extent as a person that commits an unlawful act described in subsection 7a7 of that section4 #d4 ,continuation in effect of export controls with respect to ,huawei ,technologies ,co4 ,ltd 7a7 ,in general ,the ,secretary of ,commerce may not remove ,huawei ,technologies ,co4 ,ltd41 and its subsidiaries and affiliates1 from the entity list maintained by the ,bureau of ,industry and ,security and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations1 unless-- 7#a7 the ,secretary submits to ,congress a request for approval of such removal2 and 7#b7 there is enacted into law a joint resolution of approval under subsection 7b74 7b7 ,joint resolutions of approval 7#a7 ,joint resolution of approval defined ,in this subsection1 the term joint resolution of approval means a joint resolution of either ,house of ,congress the sole matter after the resolving clause of which is as follows3 ,that ,congress approves the removal of ,huawei ,technologies ,co4 ,ltd41 and its subsidiaries and affiliates1 from the entity list maintained by the ,bureau of ,industry and ,security and set forth in ,supplement ,no4 #d to part #gdd of the ,export ,administration ,regulations1 pursuant to the request of the ,secretary of ,commerce for such removal submitted to ,congress on 41 with the blank space being filled with the appropriate date4 7#b7 ,introduction2 committee referral ,a joint resolution of approval-- 7,a7 in the ,house of ,representatives-- 7i7 may be introduced by the ,speaker or the minority leader2 and 7ii7 shall be referred to the ,committee on ,financial ,services2 and 7,b7 in the ,senate-- 7i7 may be introduced by the majority leader or the minority leader2 and 7ii7 shall be referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs4 7#c7 ,committee discharge and floor consideration ,the provisions of paragraphs 7#d71 7#e7 7other than subparagraph 7,a7 of paragraph 7#e771 and 7#f7 of section #baf7;c7 of the ,countering ,america's ,adversaries ,through ,sanctions ,act 7#bb ,u4,s4,c4 #ieaa7;c77 apply to a joint resolution of approval under this subsection to the same extent as such provisions apply to joint resolution of approval under such section #baf7;c74 7#d7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4 #e4 ,congressional disapproval of export licenses issued to ,huawei ,technologies ,co4 ,ltd41 or its subsidiaries or affiliates 7a7 ,report required ,not later than #ae days after issuing a license to or with respect to ,huawei ,technologies ,co4 ,ltd41 or any of its subsidiaries or affiliates1 pursuant to the ,export ,administration ,regulations1 the ,secretary of ,commerce shall submit to ,congress a report on the license and the reasons for issuing the license4 7b7 ,congressional disapproval ,a license described in subsection 7a7 shall have no force or effect on or after the date of the enactment of a joint resolution of disapproval under subsection 7c74 7c7 ,joint resolutions of disapproval 7#a7 ,joint resolution of disapproval defined ,in this subsection1 the term joint resolution of disapproval means a joint resolution of either ,house of ,congress the sole matter after the resolving clause of which is as follows3 ,that ,congress does not approve the license issued to or with respect to ,huawei ,technologies ,co4 ,ltd41 or one of its subsidiaries or affiliates1 under the ,export ,administration ,regulations1 relating to 1 notice of which was submitted to ,congress on 41 with the first blank space being filled with a brief description of the items covered by the license and the second blank space being filled with the appropriate date4 7#b7 ,introduction2 committee referral ,a joint resolution of disapproval-- 7,a7 in the ,house of ,representatives-- 7i7 may be introduced by the ,speaker or the minority leader during the #cj-;day period beginning on the date on which the report is submitted under subsection 7a72 and 7ii7 shall be referred to the ,committee on ,financial ,services2 and 7,b7 in the ,senate-- 7i7 may be introduced by the majority leader or the minority leader during the #cj-;day period beginning on the date on which the report is submitted under subsection 7a72 and 7ii7 shall be referred to the ,committee on ,banking1 ,housing1 and ,urban ,affairs4 7#c7 ,committee discharge and floor consideration ,the provisions of paragraphs 7#d71 7#e7 7other than subparagraph 7,a7 of paragraph 7#e771 and 7#f7 of section #baf7;c7 of the ,countering ,america's ,adversaries ,through ,sanctions ,act 7#bb ,u4,s4,c4 #ieaa7;c77 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 #baf7;c74 7#d7 ,rules of ,house of ,representatives and ,senate ,this subsection is enacted by ,congress-- 7,a7 as an exercise of the rulemaking power of the ,senate and the ,house of ,representatives1 respectively1 and as such is deemed a part of the rules of each ,house1 respectively1 and supersedes other rules only to the extent that it is inconsistent with such rules2 and 7,b7 with full recognition of the constitutional right of either ,house to change the rules 7so far as relating to the procedure of that ,house7 at any time1 in the same manner1 and to the same extent as in the case of any other rule of that ,house4