[Congressional Record Volume 169, Number 63 (Monday, April 17, 2023)]
[House]
[Pages H1733-H1735]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           COUNTERING UNTRUSTED TELECOMMUNICATIONS ABROAD ACT

  Mr. MAST. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 1149) to establish certain reporting and other requirements 
relating to telecommunications equipment and services produced or 
provided by certain entities, and for other purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 1149

       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. 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Florida (Mr. Mast) and the gentleman from New York (Mr. Meeks) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Florida.


                             General Leave

  Mr. MAST. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on this measure.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Florida?
  There was no objection.
  Mr. MAST. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 1149, Countering Untrusted 
Telecommunications Abroad Act.
  The Chinese Communist Party, as we all know, weaponizes every tool at 
its disposal, whether it is intellectual

[[Page H1734]]

property, a balloon, or a social media app. That is why it is no 
surprise that CCP-controlled companies like Huawei pose risks to our 
national security and why it is important that we do not allow 
ourselves or our allies or partners to be duped by the seemingly low-
cost, state-backed telecom companies like Huawei.
  It might seem cheap, but the fact is the cost is much higher than 
many realize. You pay by allowing the CCP to control all of your 
telecommunications data, which, as history has shown, it can and will 
use against you. China has made no bones about that.
  What does this bill do? It requires, number one, the State Department 
to conduct a risk assessment and report to Congress on the presence of 
any untrusted telecommunications equipment or vendors like Huawei in 
the networks of defense-allied countries.
  Number two, it requires the Government Accountability Office to 
report on Chinese and Russian telecom suppliers serving U.S. embassies 
overseas.
  Number three, finally, the bill tasks the State Department with 
identifying telecom infrastructure projects that would strengthen U.S. 
national security.
  Three worthy goals.
  The United States has to be a leader on this front. We need to help 
our allies and our partners end their dependence on problematic 
companies like Huawei that are in the pocket of our adversaries. It 
makes no sense whatsoever.
  Mr. Speaker, I thank the gentlewoman from Pennsylvania (Ms. Wild) for 
her leadership on this issue and for working together on this important 
bill, which deserves our unanimous support, in my opinion.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                              Committee on Financial Services,

                                   Washington, DC, March 14, 2023.
     Hon. Michael McCaul,
     Chairman, Committee on Foreign Affairs,
     House of Representatives, Washington, DC.
       Dear Chairman McCaul: Thank you for consulting with the 
     Committee on Financial Services regarding H.R. 1149, the 
     Countering Untrusted Telecommunications Abroad Act. I agree 
     that the Committee shall be discharged from further 
     consideration of the bill so that it may proceed 
     expeditiously to the House Floor. The Committee takes this 
     action with the mutual understanding that, by foregoing 
     consideration of H.R. 1149 at this time, we do not waive any 
     jurisdiction over the subject matter contained in this or 
     similar legislation, and that the Committee will be 
     appropriately consulted and involved on this or similar 
     legislation as it moves forward. The Committee also reserves 
     the right to see appointment of an appropriate number of 
     conferees to any conference with the Senate involving this or 
     similar legislation, and we request your support for any such 
     request.
       Finally, as you mentioned in your letter, I ask that a copy 
     of our exchange of letters on this bill be included in your 
     Committee's report to accompany the legislation, as well as 
     in the Congressional Record during floor consideration 
     thereof.
           Sincerely,

                                              Patrick McHenry,

                                                         Chairman,
     Committee on Financial Services.
                                  ____

                                         House of Representatives,


                                 Committee on Foreign Affairs,

                                   Washington, DC, March 14, 2023.
     Hon. Patrick McHenry,
     Chairman, Committee on Financial Services,
     Washington, DC.
       Dear Chairman McHenry: Thank you for consulting with the 
     Foreign Affairs Committee and agreeing to be discharged from 
     further consideration of H.R. 1149, Countering Untrusted 
     Telecommunications Abroad Act, so that the measure may 
     proceed expeditiously to the House floor. The suspension text 
     incorporates edits you have requested to portions of the bill 
     within your committee's jurisdiction.
       I agree that your forgoing further action on this measure 
     does not in any way diminish or alter the jurisdiction of 
     your committee, or prejudice its jurisdictional prerogatives 
     on this measure or similar legislation in the future. I would 
     support your effort to seek appointment of an appropriate 
     number of conferees from your committee to any House-Senate 
     conference on this legislation.
       I will seek to place our letters on H.R. 1149 into the 
     Congressional Record during floor consideration. I appreciate 
     your cooperation regarding this legislation and look forward 
     to continuing to work together as this measure moves through 
     the legislative process.
           Sincerely,
                                                Michael T. McCaul,
                                                         Chairman.

  Mr. MEEKS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of the Countering Untrusted 
Telecommunications Abroad Act, and I thank Representative Susan Wild 
for her strong leadership on this very important piece of legislation.
  Telecommunications security is a pillar of our national security. If 
an adversary can partially or fully shut down your mobile network, then 
they have tremendous leverage over your diplomatic, economic, and 
security matters. If an adversary can tap into your networks through 
back doors built into network equipment, then phone calls on national 
security matters can and will be surveilled.
  Given these dangerous vulnerabilities, it is crucial that Congress 
and the executive branch fully understand the risks.
  The Countering Untrusted Telecommunications Abroad Act will require 
additional reporting and analysis on the safety of our communications 
in embassies around the globe where, by necessity, communications will 
often need to be routed through equipment produced by PRC companies 
like Huawei and ZTE.
  The legislation also calls for reporting on the use of unsafe 
telecommunication equipment by countries with whom we have mutual 
security pacts. We need to be able to communicate securely with our 
allies and partners around the world. Crucially, the legislation also 
authorizes the State Department to engage in telecommunications 
security activities.
  Notably, one section of the bill, unfortunately, was removed from the 
version of this legislation that passed the House overwhelmingly last 
Congress and that passed out of the Foreign Affairs Committee earlier 
this year. That section would require publicly traded 
telecommunications operators to disclose their use of unsafe PRC 
telecommunications equipment.
  I know, and I believe, that this is important information for 
investors to know, given the sanctions and export controls currently 
imposed on these vendors. It is also crucial national security 
information.
  Unfortunately, the Financial Services majority asked us to remove 
this section due to their disposition against explicit additional 
securities disclosure requirements.
  While I accept their jurisdictional claim, the disclosure 
requirements in this legislation were modeled after a Republican bill 
on Iran, and I believe they would provide important information for 
investors and bolster national security. Representative Wild is not 
pushing immediate, aggressive sanctions. The removed section 
represented a sensible, middle-ground approach.
  Given the widespread bipartisan agreement on many issues pertaining 
to China, I look forward to working with all of my colleagues across 
the aisle on both committees to find a mutually agreeable solution to 
this issue.
  Even with the financial disclosures removed, though, the Countering 
Untrusted Telecommunications Abroad Act is important legislation that 
will move the ball forward on telecommunication security matters.
  Mr. Speaker, I urge all of my colleagues to support this legislation, 
and I reserve the balance of my time.
  Mr. MAST. Mr. Speaker, I continue to reserve the balance of my time.

                              {time}  1715

  Mr. MEEKS. Mr. Speaker, I yield 4 minutes to the gentlewoman from 
Pennsylvania (Ms. Wild), the author of this bill.
  Ms. WILD. Mr. Speaker, I rise in support of H.R. 1149, the Countering 
Untrusted Telecommunications Abroad Act. I first thank my colleague 
from the other side of the aisle, Representative Radewagen, for co-
leading this legislation.
  This bill is proof and evidence that when it comes to national and 
economic security challenges, we can find common ground.
  The purpose of the bill is simple: To investigate and respond to 
vulnerabilities caused by Chinese telecommunications companies in 
United States embassies overseas and among our close allies.
  For far too long, the world has stood by as Chinese telecoms giants 
have operated as vehicles for the Chinese Communist Party to commit 
horrific human rights violations against the Uyghur people, to conduct 
mass surveillance and espionage, and to supply

[[Page H1735]]

technology to other repressive regimes around the world.
  This bill takes critical steps to ensure that our telecommunications 
infrastructure requires the State Department to report on the United 
States collective defense allies that use untrusted telecommunication 
equipment or services in their 5G networks. Further, it mandates a 
report on telecommunication vulnerabilities in United States embassies 
overseas. Finally, it directs the Secretary of State to identify key 
telecommunications infrastructure projects designed to promote United 
States national security.
  Securing these networks is imperative when it comes to national 
security and human rights, as well as for our economic security.
  This legislation will help us ensure that the telecoms infrastructure 
of our country and our allies is secure and effective.
  The Countering Untrusted Telecommunications Abroad Act enjoyed 
overwhelming bipartisan support in the 117th Congress and passed the 
House by a resounding margin last September.
  I urge my colleagues to reaffirm our commitment to securing our 
telecommunications network by again voting ``yes'' on H.R. 1149.
  Mr. MAST. Mr. Speaker, I have no further speakers, and I reserve the 
balance of my time.
  Mr. MEEKS. Mr. Speaker, I have no further requests for time, and I 
yield myself the balance of my time for the purpose of closing.
  Mr. Speaker, Congresswoman Wild's very important legislation, the 
Countering Untrusted Telecommunications Abroad Act, will take tangible 
steps to improve our telecommunications security and, thereby, our 
national security.
  I appreciate the bipartisan nature with which we have dealt with this 
bill in the 117th Congress and now are dealing with it in the 118th 
Congress, working collectively together for our national security.
  I believe that this bill should have every Member's support, and I 
urge them to vote for the Countering Untrusted Telecommunications 
Abroad Act.
  Mr. Speaker, I yield back the balance of my time.
  Mr. MAST. Mr. Speaker, I yield myself the balance of my time.
  Mr. Speaker, telecommunications and the secure transfer of electronic 
data are absolutely critical. I don't think I have met somebody that 
disagrees with that in today's world. They are critical to our national 
security and to our economic well-being.
  We don't want to get on a website that we think is unsecure. We don't 
want to reply to a text that we think comes from an untrusted number.
  We cannot afford the vulnerability that comes from giving control of 
this technology to the Chinese Communist Party or other malign actors.
  H.R. 1149 will help us get a handle on those vulnerabilities, forcing 
the Department of State to formulate an effective response.
  Again, I thank Ms. Wild for introducing this measure. I urge 
unanimous support for this bill, and I yield back the balance of my 
time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Florida (Mr. Mast) that the House suspend the rules and 
pass the bill, H.R. 1149, as amended.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. MAST. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further 
proceedings on this motion will be postponed.

                          ____________________