Countering Untrusted Telecommunications Abroad Act
This bill requires the Department of State to address the use of untrusted telecommunications equipment (and services). It also requires certain securities issuers to disclose the use of such equipment.
The State Department must provide support, such as diplomatic and political support, for certain telecommunications infrastructure projects that have the potential to promote U.S. national security interests.
Furthermore, a securities issuer that is required to file annual or quarterly reports with the Securities Exchange Commission must periodically disclose whether it used or contracted to use telecommunications equipment deemed by the Federal Communications Commission to pose an unacceptable risk to U.S. national security or the security and safety of U.S. persons. The disclosure must contain certain information, including whether the equipment is being used in a mobile network run by the issuer.
The State Department must report to Congress on (1) the prevalence of such telecommunications equipment in the networks of U.S. allies and partners, and (2) the use of such telecommunications equipment in U.S. embassies and by embassy staff and personnel.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8520 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 8520
To establish certain reporting and other requirements relating to
telecommunications equipment and services produced or provided by
certain entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 26, 2022
Ms. Wild (for herself, Mrs. Wagner, and Mr. Meeks) introduced the
following bill; which was referred to the Committee on Foreign Affairs,
and in addition to the Committee on Financial Services, 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 establish certain reporting and other requirements relating to
telecommunications equipment and services produced or provided by
certain entities, 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 ``Countering Untrusted
Telecommunications Abroad Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the national security of the United States is affected
by the telecommunications security of United States allies,
partners, and other countries around the globe;
(2) the importance of mobile and internet services makes
such services tempting and effective tools for malign influence
and economic coercion;
(3) Huawei Technologies Company and ZTE Corporation (and
any subsidiary or affiliate of either such entity) should not
serve as a vendor of telecommunications equipment or services
given the close ties to, and control over, such entities by the
People's Republic of China; and
(4) it is in the economic and national security interests
of the United States to ensure that countries around the globe
use trusted telecommunications equipment or services.
SEC. 3. REPORT ON UNTRUSTED TELECOMMUNICATIONS EQUIPMENT OR SERVICES IN
COUNTRIES WITH COLLECTIVE DEFENSE AGREEMENT WITH UNITED
STATES.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter for two years, the
Secretary of State shall submit to the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign Relations of
the Senate a report on the prevalence of untrusted telecommunications
equipment or services in the networks of United States allies and
partners.
(b) Matters.--The report under subsection (a) shall enumerate each
United States ally or partner with respect to which the United States
has entered into a collective defense agreement and include, for each
such country, the following:
(1) A description of the presence, or lack thereof, of
untrusted telecommunications equipment or services in any 5G
network of the country.
(2) If any untrusted telecommunications equipment or
service is present in such a network--
(A) an enumeration of any mobile carriers that are
using the untrusted telecommunications equipment or
service present, and any mobile carriers that are not;
(B) a determination of whether the untrusted
telecommunications equipment or service present is in
the core or periphery of the network; and
(C) any plans to rip and replace the untrusted
telecommunications equipment or service present with a
trusted telecommunications equipment or service.
(3) A description of any plans by network operators to use
untrusted telecommunications equipment or services in the
deployment of Open Radio Access Network (Open RAN) technology,
or any successor to such technology, or in future 6G networks.
SEC. 4. REPORT ON COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES IN
UNITED STATES EMBASSIES.
(a) Findings.--Congress finds the following:
(1) The Comptroller General of the United States has
reported that 23 percent of all telecommunications device
manufacturers of the Department of State have at least one
supplier reported to be headquartered in the People's Republic
of China or the Russian Federation.
(2) The Comptroller General has reported that four percent
of all telecommunications contractors of the Department of
State have at least one supplier reported to be headquartered
in the People's Republic of China.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
consultation with the heads of such other departments and
agencies as the Secretary determines necessary, shall submit to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report containing an assessment of the use of covered
telecommunications equipment or services in United States
embassies and by United States embassy staff and personnel.
(2) Matters.--The report under paragraph (1) shall include
information on the following:
(A) The status of the implementation by the
Secretary of State of the prohibition under subsection
(a)(1) of section 889 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 1917; 41 U.S.C. 3901 note prec.)
with respect to equipment, systems, and services used
at United States embassies, including--
(i) an identification of the United States
embassies with respect to which the Secretary
has implemented such prohibition, and an
identification of those with respect to which
the Secretary has not implemented such
prohibition, if any;
(ii) an identification of any difficulties
that have delayed the implementation of such
prohibition by the Secretary with respect to
United States embassies, such as visibility
into supply chains, costs of equipment
replacement, and plans for timely remediation;
(iii) information on any waivers that have
been granted to an entity under subsection (d)
of such section 889 for equipment, systems, or
services used at United States embassies,
including a justification of why each waiver
was granted and any other information required
pursuant to paragraph (1)(B) of such
subsection; and
(iv) for any entity that has sought a
waiver specified in clause (iii), the
implementation status of the phase-out plan of
the entity submitted by the entity pursuant to
subsection (d) of such section 889.
(B) Information regarding the extent to which the
digital devices of United States embassy staff and
personnel are serviced by Huawei Technologies Company
or ZTE Corporation (or any subsidiary or affiliate of
either such entity), or any other entity headquartered
in the People's Republic of China, and an assessment of
the likelihood of the intelligence services of the
People's Republic of China gaining access to the
contents and data of the digital devices used by United
States embassy personnel as a result of any such
servicing.
(C) Any other information regarding ongoing efforts
to safeguard the telecommunications security of United
States embassies.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 5. SUPPORTING TRUSTED TELECOMMUNICATIONS.
(a) In General.--The Secretary of State shall select for the
provision of support under this section telecommunications
infrastructure projects that have the potential, as determined by the
Secretary, to promote the national security of the United States and
meet such other requirements as the Secretary may prescribe.
(b) Diplomatic and Political Support.--The Secretary of State shall
provide to each project selected under subsection (a), as appropriate,
diplomatic and political support, including by using the diplomatic and
political influence and expertise of the Department of State to build
the capacity of countries to resolve any impediments to the development
of the project.
(c) Early Stage Project Support.--The Director of the United States
Trade and Development Agency should provide, as appropriate, early-
stage project support with respect to projects selected under
subsection (a).
SEC. 6. DISCLOSURE AND TRANSPARENCY OF UNTRUSTED COMMUNICATIONS
EQUIPMENT.
(a) In General.--Section 13 of the Securities Exchange Act of 1934
(15 U.S.C. 78m) is amended by adding at the end the following new
subsection:
``(s) Disclosure of Certain Activities Related to Untrusted
Telecommunications Equipment.--
``(1) In general.--Each issuer required to file an annual
or quarterly report under subsection (a) shall disclose in that
report the information required in paragraph (2) if, during the
period covered by the report, the issuer or any affiliate of
the issuer used or contracted to use covered telecommunications
equipment or services.
``(2) Information required.--If an issuer or affiliate of
the issuer has engaged in an activity described in paragraph
(1), the issuer shall disclose such activity, including a
detailed description of--
``(A) whether the covered telecommunications
equipment or services are being used in a mobile
network run by the issuer, and whether those equipment
or services were used in the core or periphery of the
network;
``(B) whether the covered telecommunications
equipment or services were used for cloud computing or
data storage;
``(C) whether any covered telecommunications
equipment or services were replaced with other vendors;
and
``(D) whether the issuer is currently engaging in
negotiations or planning to contract to use additional
covered telecommunications equipment or services.
``(3) Notice of disclosures.--If an issuer reports under
paragraph (1) that the issuer or an affiliate of the issuer has
knowingly engaged in any activity described in that paragraph,
the issuer shall separately file with the Commission,
concurrently with the annual or quarterly report under
subsection (a), a notice that the disclosure of that activity
has been included in that annual or quarterly report that
identifies the issuer and contains the information required by
paragraph (2).
``(4) Public disclosure of information.--Upon receiving a
notice under paragraph (3) that an annual or quarterly report
includes a disclosure of an activity described in paragraph
(1), the Commission shall promptly--
``(A) transmit the report to--
``(i) the President;
``(ii) the Committee on Foreign Affairs and
the Committee on Financial Services of the
House of Representatives; and
``(iii) the Committee on Foreign Relations
and the Committee on Banking, Housing, and
Urban Affairs of the Senate; and
``(B) make the information provided in the
disclosure and the notice available to the public by
posting the information on the Internet website of the
Commission.
``(5) Covered telecommunications equipment or service
defined.--In this subsection, the term `covered
telecommunications equipment or service' has the meaning given
that term under section 7 of the Countering Untrusted
Telecommunications Abroad Act.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect with respect to reports required to be filed with the
Securities and Exchange Commission after the date that is 180 days
after the date of the enactment of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Covered telecommunications equipment or service;
untrusted telecommunications equipment or service.--The terms
``covered telecommunications equipment or service'' and
``untrusted telecommunications equipment or service'' mean any
telecommunications equipment or service produced or provided by
any of the following:
(A) Huawei Technologies Company or ZTE Corporation
(or any subsidiary or affiliate of either such entity).
(B) Any entity that the Secretary of State
reasonably believes to be an entity owned or controlled
by the People's Republic of China or the Russian
Federation.
(2) Telecommunications equipment or service.--The term
``telecommunications equipment or service'' means any of the
following:
(A) Hardware or software used by a
telecommunications carrier or internet service
provider.
(B) Data storage or cloud computing services used
by an issuer that is required to file an annual or
quarterly report under section 13(a) of the Securities
Exchange Act of 1934 (15 U.S.C. 78m(a)).
(3) Trusted telecommunications equipment or service.--The
term ``trusted telecommunications equipment or service'' means
any telecommunications equipment or service that is not a
covered telecommunications equipment or service.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, 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.
Referred to the Committee on Foreign Affairs, and in addition to the Committee on Financial Services, 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.
Ordered to be Reported (Amended) by Voice Vote.
Committee Consideration and Mark-up Session Held.
Mr. Malinowski moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H7902-7904)
DEBATE - The House proceeded with forty minutes of debate on H.R. 8520.
At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
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Pursuant to the provisions of H. Res. 1361, proceedings on H.R. 8520 are considered vacated.
Passed/agreed to in House: Pursuant to section 2 of H. Res. 1361, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 1433, as amended; H.R. 4009, as amended; H.R. 4358, as amended; H.R. 6265; H.R. 6846, as amended; H.R. 7240, as amended; H.R. 7338, as amended; H.R. 8453, as amended; H.R. 8503, as amended; and H.R. 8520, as amended; and the following resolution was agreed to under suspension of the rules: H. Res. 558, as amended.
Pursuant to section 2 of H. Res. 1361, and the motion offered by Mr. Hoyer, the following bills passed under suspension of the rules: H.R. 1433, as amended; H.R. 4009, as amended; H.R. 4358, as amended; H.R. 6265; H.R. 6846, as amended; H.R. 7240, as amended; H.R. 7338, as amended; H.R. 8453, as amended; H.R. 8503, as amended; and H.R. 8520, as amended; and the following resolution was agreed to under suspension of the rules: H. Res. 558, as amended. (consideration: CR H7984-7992; text: CR H7990-7991)
Received in the Senate and Read twice and referred to the Committee on Foreign Relations.