What This Bill Does
This bill requires the U.S. State Department and Commerce Department to report on telecommunications equipment and services from certain countries in U.S. allies' networks and at U.S. embassies. The bill expresses Congress's concern that Huawei Technologies Company and ZTE Corporation should not be used as vendors for telecommunications equipment or services because of their ties to the People's Republic of China.
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Who It Affects
- The U.S. State Department
- The U.S. Commerce Department
- U.S. allies and partners with collective defense agreements with the United States
- U.S. embassy staff and personnel
- Mobile carriers in allied countries
- Telecommunications infrastructure projects receiving U.S. support
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Key Provisions
- The State Department must report within 180 days after the bill becomes law, then annually for two years, on untrusted telecommunications equipment or services in the networks of U.S. allies and partners with defense agreements with the United States (Sec. 3)
- For each allied country, the report must describe whether untrusted equipment is present in any 5G network, which mobile carriers are using it, whether it is in the core or outer parts of the network, and any plans to replace it with trusted equipment (Sec. 3)
- The report must also describe any plans to use untrusted equipment in Open RAN technology deployments or future 6G networks (Sec. 3)
- The State Department must report on the use of covered telecommunications equipment or services at U.S. embassies and identify which embassies have and have not implemented existing prohibitions on such equipment (Sec. 4)
- The State Department must assess whether digital devices of U.S. embassy staff are serviced by Huawei, ZTE, or other companies headquartered in the People's Republic of China, and evaluate the risk of Chinese intelligence services gaining access to the contents and data of those devices (Sec. 4)
- The State Department shall provide diplomatic and political support to selected telecommunications infrastructure projects that promote U.S. national security (Sec. 5)
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What Changes
If this bill becomes law, the State Department will be required to submit new reports on untrusted telecommunications equipment in allied countries' networks and at U.S. embassies. The State Department will also be directed to actively support certain telecommunications infrastructure projects through diplomatic means.
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Important Definitions
- "Covered telecommunications equipment or service" and "untrusted telecommunications equipment or service" have the meaning defined in section 9 of the Secure and Trusted Communications Network Act of 2019 (Sec. 6)
- "Trusted telecommunications equipment or service" means any telecommunications equipment or service that is not a covered telecommunications equipment or service (Sec. 6)
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Effective Date
Not specified in bill text
IIB
118TH CONGRESS
1ST SESSION H. R. 1149
IN THE SENATE OF THE UNITED STATES
APRIL 20, 2023
Received; read twice and referred to the Committee on Foreign Relations
AN ACT
To establish certain reporting and other requirements relat-
ing to telecommunications equipment and services pro-
duced or provided by certain entities, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
2
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HR 1149 RFS
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Countering Untrusted
2
Telecommunications Abroad Act’’.
3
SEC. 2. SENSE OF CONGRESS.
4
It is the sense of Congress that—
5
(1) the national security of the United States is
6
affected by the telecommunications security of
7
United States allies, partners, and other countries
8
around the globe;
9
(2) the importance of mobile and internet serv-
10
ices makes such services tempting and effective tools
11
for malign influence and economic coercion;
12
(3) Huawei Technologies Company and ZTE
13
Corporation (and any subsidiary or affiliate of either
14
such entity) should not serve as a vendor of tele-
15
communications equipment or services given the
16
close ties to, and control over, such entities by the
17
People’s Republic of China; and
18
(4) it is in the economic and national security
19
interests of the United States to ensure that coun-
20
tries around the globe use trusted telecommuni-
21
cations equipment or services.
22
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SEC. 3. REPORT ON UNTRUSTED TELECOMMUNICATIONS
1
EQUIPMENT OR SERVICES IN COUNTRIES
2
WITH COLLECTIVE DEFENSE AGREEMENT
3
WITH UNITED STATES.
4
(a) REPORT.—Not later than 180 days after the date
5
of the enactment of this Act, and annually thereafter for
6
two years, the Secretary of State, in consultation with the
7
Assistant Secretary of Commerce for Communications and
8
Information, shall submit to the Committees on Foreign
9
Affairs and Energy and Commerce of the House of Rep-
10
resentatives and the Committees on Foreign Relations and
11
Commerce, Science, and Transportation of the Senate a
12
report on the prevalence of untrusted telecommunications
13
equipment or services in the networks of United States
14
allies and partners.
15
(b) MATTERS.—The report under subsection (a) shall
16
enumerate each United States ally or partner with respect
17
to which the United States has entered into a collective
18
defense agreement and include, for each such country, the
19
following:
20
(1) A description of the presence, or lack there-
21
of, of untrusted telecommunications equipment or
22
services in any 5G network of the country.
23
(2) If any untrusted telecommunications equip-
24
ment or service is present in such a network—
25
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(A) an enumeration of any mobile carriers
1
that are using the untrusted telecommuni-
2
cations equipment or service present, and any
3
mobile carriers that are not;
4
(B) a determination of whether the
5
untrusted telecommunications equipment or
6
service present is in the core or periphery of the
7
network; and
8
(C) any plans by the United States ally or
9
partner, or the individual mobile carrier, to rip
10
and replace the untrusted telecommunications
11
equipment or service present with a trusted
12
telecommunications equipment or service.
13
(3) A description of any plans by network oper-
14
ators to use untrusted communications equipment or
15
services in the deployment of Open Radio Access
16
Network (Open RAN) technology, or any successor
17
to such technology, or in future 6G networks.
18
SEC. 4. REPORT ON COVERED TELECOMMUNICATIONS
19
EQUIPMENT OR SERVICES IN UNITED STATES
20
EMBASSIES.
21
(a) FINDINGS.—Congress finds the following:
22
(1) The Comptroller General of the United
23
States has reported that 23 percent of all tele-
24
communications device manufacturers of the Depart-
25
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ment of State have at least one supplier reported to
1
be headquartered in the People’s Republic of China
2
or the Russian Federation.
3
(2) The Comptroller General has reported that
4
four percent of all telecommunications contractors of
5
the Department of State have at least one supplier
6
reported to be headquartered in the People’s Repub-
7
lic of China.
8
(b) REPORT.—
9
(1) IN
GENERAL.—Not later than 180 days
10
after the date of the enactment of this Act, the Sec-
11
retary of State, in consultation with the heads of
12
such other departments and agencies as the Sec-
13
retary determines necessary, shall submit to the
14
Committee on Foreign Affairs of the House of Rep-
15
resentatives and the Committee on Foreign Rela-
16
tions of the Senate a report containing an assess-
17
ment of the use of covered telecommunications
18
equipment or services in United States embassies
19
and by United States embassy staff and personnel.
20
(2) MATTERS.—The report under paragraph
21
(1) shall include information on the following:
22
(A) The status of the implementation by
23
the Secretary of State of the prohibition under
24
subsection (a)(1) of section 889 of the John S.
25
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McCain National Defense Authorization Act for
1
Fiscal Year 2019 (Public Law 115–232; 132
2
Stat. 1917; 41 U.S.C. 3901 note prec.) with re-
3
spect to equipment, systems, and services used
4
at United States embassies, including—
5
(i) an identification of the United
6
States embassies with respect to which the
7
Secretary has implemented such prohibi-
8
tion, and an identification of those with re-
9
spect to which the Secretary has not imple-
10
mented such prohibition, if any;
11
(ii) an identification of any difficulties
12
that have delayed the implementation of
13
such prohibition by the Secretary with re-
14
spect to United States embassies, such as
15
visibility into supply chains, costs of equip-
16
ment replacement, and plans for timely re-
17
mediation;
18
(iii) information on any waivers that
19
have been granted to an entity under sub-
20
section (d) of such section 889 for equip-
21
ment, systems, or services used at United
22
States embassies, including a justification
23
of why each waiver was granted and any
24
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HR 1149 RFS
other information required pursuant to
1
paragraph (1)(B) of such subsection; and
2
(iv) for any entity that has sought a
3
waiver specified in clause (iii), the imple-
4
mentation status of the phase-out plan of
5
the entity submitted by the entity pursuant
6
to subsection (d) of such section 889.
7
(B) Information regarding the extent to
8
which the digital devices of United States em-
9
bassy staff and personnel are serviced by
10
Huawei Technologies Company or ZTE Cor-
11
poration (or any subsidiary or affiliate of either
12
such entity), or any other entity headquartered
13
in the People’s Republic of China, and an as-
14
sessment of the likelihood of the intelligence
15
services of the People’s Republic of China gain-
16
ing access to the contents and data of the dig-
17
ital devices used by United States embassy per-
18
sonnel as a result of any such servicing.
19
(C) Any other information regarding ongo-
20
ing efforts to safeguard the communications se-
21
curity of United States embassies.
22
(3) FORM.—The report under paragraph (1)
23
shall be submitted in unclassified form, but may in-
24
clude a classified annex.
25
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HR 1149 RFS
SEC. 5. SUPPORTING TRUSTED TELECOMMUNICATIONS.
1
(a) IN GENERAL.—The Secretary of State, in con-
2
sultation with the Assistant Secretary of Commerce for
3
Communications and Information, shall select for the pro-
4
vision of support under this section telecommunications in-
5
frastructure projects that have the potential, as deter-
6
mined by the Secretary, to promote the national security
7
of the United States and meet such other requirements
8
as the Secretary may prescribe.
9
(b) DIPLOMATIC
AND POLITICAL SUPPORT.—The
10
Secretary of State shall provide to each project selected
11
under subsection (a), as appropriate, diplomatic and polit-
12
ical support, including by using the diplomatic and polit-
13
ical influence and expertise of the Department of State
14
to build the capacity of countries to resolve any impedi-
15
ments to the development of the project.
16
(c) EARLY STAGE PROJECT SUPPORT.—The Director
17
of the United States Trade and Development Agency
18
should provide, as appropriate, early-stage project support
19
with respect to projects selected under subsection (a).
20
SEC. 6. DEFINITIONS.
21
In this Act:
22
(1) COVERED
TELECOMMUNICATIONS
EQUIP-
23
MENT
OR
SERVICE; UNTRUSTED
TELECOMMUNI-
24
CATIONS EQUIPMENT OR SERVICE.—The terms ‘‘cov-
25
ered telecommunications equipment or service’’ and
26
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HR 1149 RFS
‘‘untrusted telecommunications equipment or serv-
1
ice’’ have the meaning given to the term ‘‘covered
2
communications equipment or service’’ in section 9
3
of the Secure and Trusted Communications Network
4
Act of 2019 (47 U.S.C. 1608).
5
(2) TRUSTED
TELECOMMUNICATIONS
EQUIP-
6
MENT
OR
SERVICE.—The term ‘‘trusted tele-
7
communications equipment or service’’ means any
8
telecommunications equipment or service that is not
9
a covered telecommunications equipment or service.
10
Passed the House of Representatives April 19, 2023.
Attest:
CHERYL L. JOHNSON,
Clerk.
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