[Congressional Record Volume 165, Number 54 (Thursday, March 28, 2019)]
[Senate]
[Pages S2094-S2095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       SENATE CONCURRENT RESOLUTION 10--RECOGNIZING THAT CHINESE 
   TELECOMMUNICATIONS COMPANIES SUCH AS HUAWEI AND ZTE POSE SERIOUS 
  THREATS TO THE NATIONAL SECURITY OF THE UNITED STATES AND ITS ALLIES

  Mr. GARDNER (for himself, Mr. Coons, and Mr. Markey) submitted the 
following concurrent resolution; which was referred to the Committee on 
Foreign Relations:

                            S. Con. Res. 10

       Whereas fifth generation (5G) wireless technology promises 
     greater speed and capacity and will provide the backbone for 
     the next generation of digital technologies;
       Whereas fifth generation wireless technology will be a 
     revolutionary advancement in telecommunications with the 
     potential to create millions of jobs and billions of dollars 
     in economic opportunity;
       Whereas Chinese companies, including Huawei, have invested 
     substantial resources in advancing fifth generation wireless 
     technology and other telecommunications services around the 
     globe, including subsidies provided directly by the 
     Government of the People's Republic of China;
       Whereas Chinese officials have increased leadership roles 
     at the International Telecommunications Union, where 
     international telecommunications standards are set, and 
     companies such as Huawei have increased their influence at 
     the 3rd Generation Partnership Project (3GPP), whose work 
     informs global technology standards;
       Whereas Huawei and ZTE have aggressively sought to enter 
     into contracts throughout the developing world, including 
     throughout Latin America and Africa in countries such as 
     Venezuela and Kenya;
       Whereas, in 2012, the Permanent Select Committee on 
     Intelligence of the House of Representatives released a 
     bipartisan report naming Huawei and ZTE as national security 
     threats;
       Whereas, in 2013, the United States restricted Federal 
     procurement of certain products produced by Huawei and ZTE 
     and has since expanded restrictions on Federal procurement of 
     those products;
       Whereas, in 2016, the national legislature of the People's 
     Republic of China passed the Cyber Security Law of the 
     People's Republic of China, article 28 of which requires 
     ``network operators,'' including companies like Huawei, to 
     ``provide technical support and assistance'' to Chinese 
     authorities involved in national security efforts;
       Whereas, in 2017, the national legislature of the People's 
     Republic of China passed the National Intelligence Law of the 
     People's Republic of China, article 7 of which requires ``all 
     organizations and citizens''--including companies like Huawei 
     and ZTE--to ``support, assist, and cooperate with national 
     intelligence efforts'' undertaken by the People's Republic of 
     China;
       Whereas, in August 2018, the Government of Australia banned 
     Huawei and ZTE from building the fifth generation wireless 
     networks of Australia;
       Whereas, in August 2018, Congress restricted the heads of 
     Federal agencies from

[[Page S2095]]

     procuring certain covered telecommunications equipment and 
     services, which included Huawei and ZTE equipment;
       Whereas, in December 2018, the Government of Japan issued 
     instructions effectively banning Huawei and ZTE from official 
     contracts in the country;
       Whereas, on December 7, 2018, a Vice-President of the 
     European Commission expressed concern that Huawei and other 
     Chinese companies may be forced to cooperate with China's 
     intelligence services to install ``mandatory backdoors'' to 
     allow access to encrypted data;
       Whereas, in January 2019, the Office of the Director of 
     National Intelligence issued a Worldwide Threat Assessment 
     that describes concerns ``about the potential for Chinese 
     intelligence and security services to use Chinese information 
     technology firms as routine and systemic espionage platforms 
     against the United States and allies'';
       Whereas, in February 2019, the Government of New Zealand 
     expressed serious concern about Huawei building the fifth 
     generation wireless networks of New Zealand;
       Whereas the Department of Justice has charged Huawei with 
     the theft of trade secrets, obstruction of justice, and other 
     serious crimes;
       Whereas, against the strong advice of the United States and 
     a number of the security partners of the United States, the 
     governments of countries such as Germany have indicated that 
     they may permit Huawei to build out the fifth generation 
     wireless networks of those countries;
       Whereas installation of Huawei equipment in the 
     communications infrastructure of countries that are allies of 
     the United States would jeopardize the security of 
     communication lines between the United States and those 
     allies;
       Whereas secure communications systems are critical to 
     ensure the safety and defense of the United States and allies 
     of the United States;
       Whereas the North Atlantic Treaty Organization (NATO) and 
     other vital international security arrangements depend on 
     strong and secure communications, which could be put at risk 
     through the use of Huawei and ZTE equipment; and
       Whereas there has been broad bipartisan consensus in 
     Congress for years that Chinese companies like Huawei and ZTE 
     present serious threats to national and global security: Now, 
     therefore, be it
       Resolved by the Senate (the House of Representatives 
     concurring), That--
       (1) Chinese telecommunications companies such as Huawei and 
     ZTE pose serious threats to the national security of the 
     United States and allies of the United States;
       (2) the United States should reiterate to countries that 
     are choosing to incorporate Huawei or ZTE products in their 
     new telecommunications infrastructure that the United States 
     will consider all necessary measures to limit the risks 
     incurred by entities of the United States Government or Armed 
     Forces from use of such compromised networks;
       (3) the United States should continue to make allies of the 
     United States aware of the ongoing and future risks to 
     telecommunications networks shared between the United States 
     and such allies; and
       (4) the United States should work with the private sector 
     and allies and partners of the United States, including the 
     European Union, in a regularized bilateral or multilateral 
     format, to identify secure, cost-effective, and reliable 
     alternatives to Huawei or ZTE products.

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