[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8520 Referred in Senate (RFS)]
<DOC>
117th CONGRESS
2d Session
H. R. 8520
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2022
Received; read twice and referred to the Committee on Foreign Relations
_______________________________________________________________________
AN ACT
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, in consultation with the Assistant Secretary of
Commerce for Communications and Information, shall submit to the
Committees on Foreign Affairs and Energy and Commerce of the House of
Representatives and the Committees on Foreign Relations and Commerce,
Science, and Transportation 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 by the United States ally or partner,
or the individual mobile carrier, 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 communications 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 communications 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, in consultation with the
Assistant Secretary of Commerce for Communications and Information,
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 Committees on Foreign Affairs,
Energy and Commerce, and Financial Services of
the House of Representatives; and
``(iii) the Committees on Foreign
Relations, Commerce, Science, and
Transportation, and 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
to the term `covered communications equipment or service' in
section 9 of the Secure and Trusted Communications Network Act
of 2019 (47 U.S.C. 1608).''.
(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'' have the
meaning given to the term ``covered communications equipment or
service'' in section 9 of the Secure and Trusted Communications
Network Act of 2019 (47 U.S.C. 1608).
(2) 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.
Passed the House of Representatives September 20, 2022.
Attest:
CHERYL L. JOHNSON,
Clerk.
By Kevin F. McCumber,
Deputy Clerk.