[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3344 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 3344
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 28, 2022
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
To prioritize the efforts of and enhance coordination among United
States agencies to encourage countries in Central and Eastern Europe to
improve the security of their telecommunications networks, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transatlantic Telecommunications
Security Act''.
SEC. 2. SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fifth and future generation's telecommunication
networks in allied and partner countries based on common,
secure, transparent, democratic standards have the potential to
increase cultural, political, and economic exchanges leading to
mutual job creation, closer citizen relations, and stronger
democratic institutions;
(2) Russia's unprovoked, unjustified, and illegal invasion
of Ukraine and the People's Republic of China's tacit support
for Russian Federation's actions demonstrate the importance of
secure telecommunication infrastructure in Central and Eastern
European nations;
(3) the United States has national security and economic
interests in assisting Central and Eastern European countries
to improve the security of their telecommunication networks by
reducing dependence on covered telecommunication equipment or
services that are often offered with predatory economic
inducements and replacing them with secure telecommunication
equipment or services;
(4) China's Belt and Road Initiative and the 17+1
Initiative seek to undermine Central and Eastern Europe's
infrastructure resilience and sovereignty through predatory
inducements from state-linked providers of telecommunication
equipment or services such as Huawei Technologies Company and
ZTE Corporation;
(5) China's 2017 National Intelligence Law obligates
Chinese businesses to fully cooperate with state intelligence
work, and thereby compromises the integrity of any network that
utilizes equipment from Chinese companies because providers
could be forced to hand over sensitive data or shut down
networks at the command of China;
(6) Russia's campaign to elect a Russian national, who is a
former Huawei Technologies Company executive, to serve as the
Secretary-General of the International Telecommunication Union
(ITU) is indicative of China and Russia's efforts to use
international organizations to promote their interests and
their malign influence;
(7) at global fora such as the ITU, the United States
Government should actively support candidates that espouse
democratic values, internet freedoms, and secure
telecommunication networks;
(8) the United States International Development Finance
Corporation's development priorities, as described in section
1412 of the Better Utilization of Investments Leading to
Development Act of 2018, properly includes a focus on less
developed countries;
(9) the United States should assemble a coalition of
democratic and like-minded allies and partners to counter the
rise of global malign actors such as China and Russia and build
resilience in Central and Eastern Europe against malign
influences; and
(10) in order to ensure robust military coordination and
interoperability with the North Atlantic Treaty Organization
(NATO) and transatlantic allies and partners, the United States
should ensure that allies and partners' telecommunication
networks are secure and free from potential threats in
accordance with the 2019 NATO London Declaration.
(b) Statement of Policy.--It is the policy of the United States--
(1) to strengthen the transatlantic alliance based on
shared values in the face of rising malign influence from the
People's Republic of China and the Russian Federation,
countries that seek to undermine democratic institutions and
values;
(2) to encourage public and private sector investment in
European telecommunication infrastructure projects to ensure
secure telecommunication and to catalyze economic advancement
through the highest standards of transparency, accessibility,
and competition;
(3) to provide economically feasible alternatives to
financing from providers of covered telecommunication equipment
or services;
(4) to engage in diplomacy with European allies and
partners to strengthen the United States and European private
sector efforts to develop common telecommunication technology
and industry standards, and in turn promote them globally;
(5) to support the Three Seas Initiative organized by 12
Central and Eastern European countries of the European Union to
increase infrastructure resiliency and reduce reliance on
malign actors, including in the telecommunication space;
(6) to enhance telecommunication security and freedom
around the globe by engaging in elections at the ITU and
promoting the candidacies of individuals that will promote
democratic values, the rule of law, technological freedoms, and
telecommunication security;
(7) to support the people of Ukraine, Moldova, Georgia, and
the Western Balkan countries in their desire for integration
into Euro-Atlantic institutions and economies through enhanced
cross-border telecommunication infrastructure connectivity; and
(8) to ensure that frontline NATO allies have
telecommunication services that cannot be controlled by China
or Russia, especially considering Russia's illegal and
unjustifiable invasion of Ukraine.
SEC. 3. INTERNATIONAL TELECOMMUNICATION UNION SECURITY CAMPAIGN
DIRECTOR.
(a) Appointment.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of State shall appoint, from among
existing personnel of the Department of State, an International
Telecommunication Union Security Campaign Director (in this section
referred to as the ``Director'').
(b) Duties.--The Director shall--
(1) lead efforts to promote candidates for elections at the
International Telecommunication Union (ITU) who will support
and defend democratic values, internet freedom, and
telecommunication security;
(2) coordinate with other officials of the Department of
State, the Department of Commerce, the Federal Communications
Commission, and other Federal departments and agencies to
ensure efforts described in paragraph (1) are carried out in an
organized, nimble, efficient, and effective manner;
(3) work with stakeholders in the private sector to
harmonize efforts and to galvanize focus on elections at the
ITU;
(4) use diplomatic tools of the Department of State to
bolster support for candidates for elections at the ITU who
will support and defend democratic values, internet freedom,
and telecommunication security;
(5) brief Congress regularly on the implementation of the
duties described in paragraphs (1) through (4) and, if
appropriate, on requests for additional legislative authority
necessary to enhance telecommunication security and freedom
around the globe as described in section 2(b)(6); and
(6) report to the Assistant Secretary of State for
International Organization Affairs regularly on development,
progress, or setbacks with respect to support to the people of
Ukraine, Moldova, Georgia, and the Western Balkan countries as
described in section 2(b)(7).
(c) Sunset.--This section shall terminate on October 31, 2022.
SEC. 4. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR TELECOMMUNICATION
INFRASTRUCTURE PROJECTS IN CENTRAL AND EASTERN EUROPE.
(a) In General.--In carrying out the policy described in section
2(b), the Secretary of State, in consultation with the Secretary of
Commerce, the Chief Executive Officer of the United States
International Development Finance Corporation, the Director of the
Trade and Development Agency, the head of the Federal Communications
Commission, and the heads of other relevant Federal departments and
agencies, shall, as appropriate, prioritize and expedite the efforts of
the Department of State and those departments and agencies in
supporting the efforts of the European Commission and the governments
of Central and Eastern European countries to improve the security of
their telecommunication networks, including through providing
diplomatic and political support to the European Commission and Central
and Eastern European countries, as necessary--
(1) to ensure European telecommunication networks are built
securely, consistent with democratic values and principles such
as privacy, including through early-stage project support and
late-stage project support for the construction or improvement
of telecommunication and related infrastructure;
(2) to remove covered telecommunication equipment or
services and replace such equipment or services with secure
telecommunication equipment or services;
(3) to support the development of telecommunication
networks that are inclusive, transparent, economically viable,
financially, environmentally, and socially sustainable,
compliant with international standards, laws, and regulations,
and supplied by providers of secure telecommunication equipment
or services; and
(4) to facilitate international coordination on cross-
border telecommunication infrastructure construction and
security standards to ensure cross-border telecommunications
are secure.
(b) Project Selection.--
(1) In general.--The Secretary of State, the Chief
Executive Officer of the United States International
Development Finance Corporation, and the Director of the Trade
and Development Agency shall jointly identify telecommunication
infrastructure projects that would advance the United States
national security and be appropriate for United States
assistance under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if--
(A) the project--
(i) improves telecommunication networks
through either hard infrastructure, such as
telecommunication lines, towers, antennas, or
other equipment, or soft infrastructure, such
as innovative software development or cloud
services;
(ii) is inclusive, transparent,
economically viable, financially,
environmentally, and socially sustainable,
compliant with international standards, laws,
and regulations, and supplied with secure
telecommunication equipment or services solely
by providers of secure telecommunication
equipment or services; and
(iii) does not use covered
telecommunication equipment or services or
removes covered telecommunication equipment or
services and replaces such equipment or
services with secure telecommunication
equipment or services; and
(B) the project is located in a covered country.
(3) Preference.--In selecting among projects that are
eligible under paragraph (2), the heads of the Federal
departments and agencies specified in subsection (a) shall give
preference to projects that--
(A) are located in Ukraine;
(B) can attract funding from the private sector, an
international financial institution, the government of
the country in which the project will be carried out,
or the European Commission;
(C) have been designated as available for funding
through the Three Seas Initiative Investment Fund;
(D) are to be carried out in the Three Seas
Initiative member nations;
(E) are to be carried out in NATO member states
that meet or are making progress toward meeting their
commitments to upholding the rule of law and preserving
democratic institutions in accordance with the preamble
and Article 2 of the North Atlantic Treaty;
(F) are to be carried out in NATO member states
that meet or are making demonstrable progress toward
meeting their defense spending commitments in
accordance with the 2014 NATO Wales Summit Declaration;
or
(G) have the potential to advance United States
economic interests.
(c) Types of Assistance.--
(1) Diplomatic and political support.--The Secretary of
State shall provide diplomatic and political support to the
covered countries, as necessary, including by using the
diplomatic and political influence and expertise of the
Department of State to build the capacity of covered countries
to resolve any impediments to the development of projects
selected under subsection (b).
(2) International financial institutions support.--The
Secretary of State shall seek to encourage international
financial institutions, including the European Bank for
Reconstruction and Development, the European Investment Bank,
and the International Monetary Fund, the Foreign, Commonwealth,
and Development Office of the Government of the United Kingdom,
the Agency for International Cooperation of the Government of
Germany, and the Development Agency of the Government of France
to invest in telecommunication infrastructure resilience in
Central and Eastern Europe.
(3) Early-stage project support.--The Director of the Trade
and Development Agency shall provide early-stage project
support with respect to projects selected under subsection (b),
as necessary.
(4) Late-stage project support.--The heads of the Federal
departments and agencies specified in subsection (a) that
provide late-stage project support shall do so, with respect to
projects selected under subsection (b), as necessary.
(5) United states international development finance
corporation support.--The United States International
Development Finance Corporation is authorized to provide
support for projects under this section in covered countries
that are countries with upper-middle-income economies or high-
income economies (as those terms are defined by the
International Bank for Reconstruction and Development and the
International Development Association (collectively referred to
as the ``World Bank'')), notwithstanding the restriction
contained in section 1412(c)(2) of the Better Utilization of
Investments Leading to Development Act of 2018 (22 U.S.C.
9612(c)(2)).
SEC. 5. REPORT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter for 5 years, the
President shall submit to the appropriate congressional committees a
report on the progress made in providing assistance for projects under
section 4 that includes--
(1) a description of the telecommunications infrastructure
projects the United States has identified for such assistance;
and
(2) for each such project--
(A) a description of the role of the United States
in the project, including in early-stage project
support and late-stage project support;
(B) the amount and form of debt financing, equity
financing, and insurance provided by the United States
Government, the Three Seas Initiative Investment Fund,
and international financial institutions, including the
European Bank for Reconstruction and Development, the
European Investment Bank, and the International
Monetary Fund, the Foreign, Commonwealth, and
Development Office of the Government of the United
Kingdom, the Agency for International Cooperation of
the Government of Germany, and the Development Agency
of the Government of France for the project;
(C) the contractual terms of the project that
preclude the use of covered telecommunication equipment
or services and steps taken to ensure providers of
telecommunication equipment or services meet such
contractual terms; and
(D) an update on the progress made on the project
as of the date of the report.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 6. DEFINITIONS.
In this Act:
(1) Covered country.--The term ``covered country''
includes--
(A) any member state of the North Atlantic Treaty
Organization that--
(i) shares a border with the Russian
Federation; and
(ii) according to World Bank official data
for 2020, has a Gross Domestic Product per
capita, adjusted for purchasing power parity,
of less than $45,000; and
(B) any European country that--
(i) has not participated or aided in
Russia's invasion of Ukraine; and
(ii) according to World Bank official data
for 2020, has a Gross Domestic Product per
capita, adjusted for purchasing power parity,
of less than $34,000.
(2) Covered telecommunication equipment or services.--The
term ``covered telecommunication equipment or services'' means
any of the following:
(A) Telecommunication equipment or services
produced or provided by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such
entities).
(B) Telecommunication equipment or services
produced or provided by an entity that the Secretary of
State, in consultation with the Director of National
Intelligence, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the
People's Republic of China or the Russian Federation.
(3) Early-stage project support.--The term ``early-stage
project support'' includes--
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions,
reverse trade missions, technical workshops,
international buyer programs, and international partner
searchers to link suppliers to projects;
(F) technical assistance and other guidance to
improve the local regulatory environment and market
frameworks to encourage transparent competition and
enhance telecommunication security; and
(G) long-term telecommunication sector planning.
(4) Late-stage project support.--The term ``late-stage
project support'' includes debt financing, equity financing,
insurance, and transaction advisory services.
(5) Secure telecommunication equipment or services.--The
term ``secure telecommunication equipment or services'' means
telecommunication equipment or services that are not, and do
not contain, covered telecommunication equipment or services.
Passed the House of Representatives April 27, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
Transatlantic Telecommunications Security Act
#3344 | HR Congress #117
Policy Area: International Affairs
Subjects: AlbaniaAlliancesAsiaAustriaBosnia and HerzegovinaBulgariaBusiness investment and capitalChinaCollective securityCongressional oversightCroatiaCyprusCzech RepublicDiplomacy, foreign officials, Americans abroadEconomic developmentEstoniaEuropeForeign aid and international reliefForeign and international banking
Last Action: Star Print ordered on the bill. (5/11/2022)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text