Transatlantic Telecommunications Security Act

IIB ★(Star Print) 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 2 HR 3344 RFS1S SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Transatlantic Tele- 2 communications Security Act’’. 3 SEC. 2. SENSE OF CONGRESS; STATEMENT OF POLICY. 4 (a) SENSE OF CONGRESS.—It is the sense of Con- 5 gress that— 6 (1) fifth and future generation’s telecommuni- 7 cation networks in allied and partner countries 8 based on common, secure, transparent, democratic 9 standards have the potential to increase cultural, po- 10 litical, and economic exchanges leading to mutual 11 job creation, closer citizen relations, and stronger 12 democratic institutions; 13 (2) Russia’s unprovoked, unjustified, and illegal 14 invasion of Ukraine and the People’s Republic of 15 China’s tacit support for Russian Federation’s ac- 16 tions demonstrate the importance of secure tele- 17 communication infrastructure in Central and East- 18 ern European nations; 19 (3) the United States has national security and 20 economic interests in assisting Central and Eastern 21 European countries to improve the security of their 22 telecommunication networks by reducing dependence 23 on covered telecommunication equipment or services 24 that are often offered with predatory economic in- 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 3 HR 3344 RFS1S ducements and replacing them with secure tele- 1 communication equipment or services; 2 (4) China’s Belt and Road Initiative and the 3 17+1 Initiative seek to undermine Central and 4 Eastern Europe’s infrastructure resilience and sov- 5 ereignty through predatory inducements from state- 6 linked providers of telecommunication equipment or 7 services such as Huawei Technologies Company and 8 ZTE Corporation; 9 (5) China’s 2017 National Intelligence Law ob- 10 ligates Chinese businesses to fully cooperate with 11 state intelligence work, and thereby compromises the 12 integrity of any network that utilizes equipment 13 from Chinese companies because providers could be 14 forced to hand over sensitive data or shut down net- 15 works at the command of China; 16 (6) Russia’s campaign to elect a Russian na- 17 tional, who is a former Huawei Technologies Com- 18 pany executive, to serve as the Secretary-General of 19 the International Telecommunication Union (ITU) is 20 indicative of China and Russia’s efforts to use inter- 21 national organizations to promote their interests and 22 their malign influence; 23 (7) at global fora such as the ITU, the United 24 States Government should actively support can- 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 4 HR 3344 RFS1S didates that espouse democratic values, internet 1 freedoms, and secure telecommunication networks; 2 (8) the United States International Develop- 3 ment Finance Corporation’s development priorities, 4 as described in section 1412 of the Better Utiliza- 5 tion of Investments Leading to Development Act of 6 2018, properly includes a focus on less developed 7 countries; 8 (9) the United States should assemble a coali- 9 tion of democratic and like-minded allies and part- 10 ners to counter the rise of global malign actors such 11 as China and Russia and build resilience in Central 12 and Eastern Europe against malign influences; and 13 (10) in order to ensure robust military coordi- 14 nation and interoperability with the North Atlantic 15 Treaty Organization (NATO) and transatlantic al- 16 lies and partners, the United States should ensure 17 that allies and partners’ telecommunication networks 18 are secure and free from potential threats in accord- 19 ance with the 2019 NATO London Declaration. 20 (b) STATEMENT OF POLICY.—It is the policy of the 21 United States— 22 (1) to strengthen the transatlantic alliance 23 based on shared values in the face of rising malign 24 influence from the People’s Republic of China and 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 5 HR 3344 RFS1S the Russian Federation, countries that seek to un- 1 dermine democratic institutions and values; 2 (2) to encourage public and private sector in- 3 vestment in European telecommunication infrastruc- 4 ture projects to ensure secure telecommunication 5 and to catalyze economic advancement through the 6 highest standards of transparency, accessibility, and 7 competition; 8 (3) to provide economically feasible alternatives 9 to financing from providers of covered telecommuni- 10 cation equipment or services; 11 (4) to engage in diplomacy with European allies 12 and partners to strengthen the United States and 13 European private sector efforts to develop common 14 telecommunication technology and industry stand- 15 ards, and in turn promote them globally; 16 (5) to support the Three Seas Initiative orga- 17 nized by 12 Central and Eastern European countries 18 of the European Union to increase infrastructure re- 19 siliency and reduce reliance on malign actors, includ- 20 ing in the telecommunication space; 21 (6) to enhance telecommunication security and 22 freedom around the globe by engaging in elections at 23 the ITU and promoting the candidacies of individ- 24 uals that will promote democratic values, the rule of 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 6 HR 3344 RFS1S law, technological freedoms, and telecommunication 1 security; 2 (7) to support the people of Ukraine, Moldova, 3 Georgia, and the Western Balkan countries in their 4 desire for integration into Euro-Atlantic institutions 5 and economies through enhanced cross-border tele- 6 communication infrastructure connectivity; and 7 (8) to ensure that frontline NATO allies have 8 telecommunication services that cannot be controlled 9 by China or Russia, especially considering Russia’s 10 illegal and unjustifiable invasion of Ukraine. 11 SEC. 3. INTERNATIONAL TELECOMMUNICATION UNION SE- 12 CURITY CAMPAIGN DIRECTOR. 13 (a) APPOINTMENT.—Not later than 30 days after the 14 date of the enactment of this Act, the Secretary of State 15 shall appoint, from among existing personnel of the De- 16 partment of State, an International Telecommunication 17 Union Security Campaign Director (in this section re- 18 ferred to as the ‘‘Director’’). 19 (b) DUTIES.—The Director shall— 20 (1) lead efforts to promote candidates for elec- 21 tions at the International Telecommunication Union 22 (ITU) who will support and defend democratic val- 23 ues, internet freedom, and telecommunication secu- 24 rity; 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 7 HR 3344 RFS1S (2) coordinate with other officials of the De- 1 partment of State, the Department of Commerce, 2 the Federal Communications Commission, and other 3 Federal departments and agencies to ensure efforts 4 described in paragraph (1) are carried out in an or- 5 ganized, nimble, efficient, and effective manner; 6 (3) work with stakeholders in the private sector 7 to harmonize efforts and to galvanize focus on elec- 8 tions at the ITU; 9 (4) use diplomatic tools of the Department of 10 State to bolster support for candidates for elections 11 at the ITU who will support and defend democratic 12 values, internet freedom, and telecommunication se- 13 curity; 14 (5) brief Congress regularly on the implementa- 15 tion of the duties described in paragraphs (1) 16 through (4) and, if appropriate, on requests for ad- 17 ditional legislative authority necessary to enhance 18 telecommunication security and freedom around the 19 globe as described in section 2(b)(6); and 20 (6) report to the Assistant Secretary of State 21 for International Organization Affairs regularly on 22 development, progress, or setbacks with respect to 23 support to the people of Ukraine, Moldova, Georgia, 24 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 8 HR 3344 RFS1S and the Western Balkan countries as described in 1 section 2(b)(7). 2 (c) SUNSET.—This section shall terminate on Octo- 3 ber 31, 2022. 4 SEC. 4. PRIORITIZATION OF EFFORTS AND ASSISTANCE 5 FOR TELECOMMUNICATION INFRASTRUC- 6 TURE PROJECTS IN CENTRAL AND EASTERN 7 EUROPE. 8 (a) IN GENERAL.—In carrying out the policy de- 9 scribed in section 2(b), the Secretary of State, in consulta- 10 tion with the Secretary of Commerce, the Chief Executive 11 Officer of the United States International Development 12 Finance Corporation, the Director of the Trade and Devel- 13 opment Agency, the head of the Federal Communications 14 Commission, and the heads of other relevant Federal de- 15 partments and agencies, shall, as appropriate, prioritize 16 and expedite the efforts of the Department of State and 17 those departments and agencies in supporting the efforts 18 of the European Commission and the governments of Cen- 19 tral and Eastern European countries to improve the secu- 20 rity of their telecommunication networks, including 21 through providing diplomatic and political support to the 22 European Commission and Central and Eastern European 23 countries, as necessary— 24 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 9 HR 3344 RFS1S (1) to ensure European telecommunication net- 1 works are built securely, consistent with democratic 2 values and principles such as privacy, including 3 through early-stage project support and late-stage 4 project support for the construction or improvement 5 of telecommunication and related infrastructure; 6 (2) to remove covered telecommunication equip- 7 ment or services and replace such equipment or serv- 8 ices with secure telecommunication equipment or 9 services; 10 (3) to support the development of telecommuni- 11 cation networks that are inclusive, transparent, eco- 12 nomically viable, financially, environmentally, and 13 socially sustainable, compliant with international 14 standards, laws, and regulations, and supplied by 15 providers of secure telecommunication equipment or 16 services; and 17 (4) to facilitate international coordination on 18 cross-border telecommunication infrastructure con- 19 struction and security standards to ensure cross-bor- 20 der telecommunications are secure. 21 (b) PROJECT SELECTION.— 22 (1) IN GENERAL.—The Secretary of State, the 23 Chief Executive Officer of the United States Inter- 24 national Development Finance Corporation, and the 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 10 HR 3344 RFS1S Director of the Trade and Development Agency shall 1 jointly identify telecommunication infrastructure 2 projects that would advance the United States na- 3 tional security and be appropriate for United States 4 assistance under this section. 5 (2) PROJECT ELIGIBILITY.—A project is eligible 6 for United States assistance under this section if— 7 (A) the project— 8 (i) improves telecommunication net- 9 works through either hard infrastructure, 10 such as telecommunication lines, towers, 11 antennas, or other equipment, or soft in- 12 frastructure, such as innovative software 13 development or cloud services; 14 (ii) is inclusive, transparent, economi- 15 cally viable, financially, environmentally, 16 and socially sustainable, compliant with 17 international standards, laws, and regula- 18 tions, and supplied with secure tele- 19 communication equipment or services solely 20 by providers of secure telecommunication 21 equipment or services; and 22 (iii) does not use covered tele- 23 communication equipment or services or 24 removes covered telecommunication equip- 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 11 HR 3344 RFS1S ment or services and replaces such equip- 1 ment or services with secure telecommuni- 2 cation equipment or services; and 3 (B) the project is located in a covered 4 country. 5 (3) PREFERENCE.—In selecting among projects 6 that are eligible under paragraph (2), the heads of 7 the Federal departments and agencies specified in 8 subsection (a) shall give preference to projects 9 that— 10 (A) are located in Ukraine; 11 (B) can attract funding from the private 12 sector, an international financial institution, the 13 government of the country in which the project 14 will be carried out, or the European Commis- 15 sion; 16 (C) have been designated as available for 17 funding through the Three Seas Initiative In- 18 vestment Fund; 19 (D) are to be carried out in the Three Seas 20 Initiative member nations; 21 (E) are to be carried out in NATO mem- 22 ber states that meet or are making progress to- 23 ward meeting their commitments to upholding 24 the rule of law and preserving democratic insti- 25 VerDate Sep 11 2014 00:51 May 12, 2022 Jkt 000000 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H3344.RFS H3344 pbinns on DSKJLVW7X2PROD with $$_JOB 12 HR 3344 RFS1S tutions in accordance with the preamble and 1 Article 2 of the North Atlantic Treaty; 2 (F) are to be carried out in NATO mem- 3 ber states that meet or are making demon- 4 strable progress toward meeting their defense 5 spending commitments in accordance with the 6 2014 NATO Wales Summit Declaration; or 7 (G) have the potential to advance United 8 States economic interests. 9 (c) TYPES OF ASSISTANCE.— 10 (1) DIPLOMATIC AND POLITICAL SUPPORT.— 11 The Secretary of State shall provide diplomatic and 12 political support to the covered countries, as nec- 13 essary, including by using the diplomatic and polit- 14 ical influence and expertise of the Department of 15 State to build th [Text truncated for display. 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