[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8899 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8899
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 8, 2020
Ms. Kaptur (for herself, Mr. Kinzinger, Mr. Meeks, Mr. Wilson of South
Carolina, Mr. Connolly, Mr. Fitzpatrick, Mr. Quigley, Mr. Diaz-Balart,
Mr. Cohen, Mr. Case, Mr. Stewart, Mr. Morelle, and Mr. Costa)
introduced the following bill; which was referred to the Committee on
Foreign Affairs
_______________________________________________________________________
A BILL
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Transatlantic Telecommunications
Security Act''.
SEC. 2. STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Fifth-generation telecommunications networks in allied
and partner countries based on common, secure, transparent,
democratic standards have the potential to increase cultural,
political, and economic exchanges leading to mutual job
creation, closer citizen relations, and stronger democratic
institutions;
(2) the United States has national security and economic
interests in assisting Central and Eastern European countries
to improve the security of their telecommunications networks by
reducing dependence on covered telecommunications equipment or
services that are often offered with predatory economic
inducements, and replacing them with secure telecommunications
equipment or services;
(3) China's Belt and Road Initiative and the 17+1
Initiative seek to undermine Central and Eastern Europe's
infrastructure resilience and sovereignty through predatory
inducements from state-linked providers of telecommunications
equipment or services such as Huawei Technologies Company and
ZTE Corporation;
(4) the United States must assemble a coalition of
democratic and like-minded allies and partners to counter the
rise of global malign actors such as China and Russia, and
build resilience in Central and Eastern Europe against malign
influences; and
(5) in order to ensure robust military coordination and
interoperability with the North Atlantic Treaty Organization
(NATO) and transatlantic allies and partners, the United States
should ensure that allies' and partners' telecommunications
networks are secure and free from potential threats in
accordance with the 2019 NATO London Declaration.
(b) Statement of Policy.--It is the policy of the United States--
(1) to strengthen the transatlantic alliance based on
shared values in the face of rising malign influence from the
Russian Federation and the People's Republic of China, nations
that seek to undermine democratic institutions and values;
(2) to encourage public and private sector investment in
European telecommunications infrastructure projects to ensure
secure telecommunications and to catalyze economic advancement
through the highest standards of transparency, accessibility,
and competition;
(3) to provide economically feasible alternatives to
financing from providers of covered telecommunications
equipment or services;
(4) to engage in diplomacy with European allies and
partners to strengthen United States and European private
sector efforts to develop common telecommunications technology
and industry standards, and in turn promote them globally;
(5) to support the Three Seas Initiative organized by
twelve Central and Eastern European countries of the European
Union to increase infrastructure resiliency and reduce reliance
on malign actors, including in the telecommunications space;
and
(6) to support the people of Ukraine, Moldova, Georgia, and
the Western Balkan countries in their desire for integration
into euro-Atlantic institutions and economies through enhanced
cross-border telecommunications infrastructure connectivity.
SEC. 3. PRIORITIZATION OF EFFORTS AND ASSISTANCE FOR TELECOMMUNICATIONS
INFRASTRUCTURE PROJECTS IN CENTRAL AND EASTERN EUROPE.
(a) In General.--In pursuing the policy described in section 2, the
Secretary of State, in consultation with the Secretary of Commerce, the
Chief Executive Officer of the United States International Development
Finance Corporation, the Director of the Trade and Development Agency,
the Federal Communications Commission, and heads of other relevant
United States agencies, shall, as appropriate, prioritize and expedite
the efforts of the Department of State and those agencies in supporting
the efforts of the European Commission and the governments of Central
and Eastern European countries to improve the security of their
telecommunications networks, including through providing diplomatic and
political support to the European Commission and Central and Eastern
Europe countries, as necessary--
(1) to support enhancement of European telecommunications
markets, including through early-stage project support and
late-stage project support for the construction or improvement
of telecommunications and related infrastructure;
(2) to remove covered telecommunications equipment or
services and replace such equipment or services with secure
telecommunications equipment or services;
(3) to support the development of telecommunications
networks that are inclusive, transparent, economically viable,
financially, environmentally, and socially sustainable,
compliant with international standards, laws, and regulations,
and supplied by providers of secure telecommunications
equipment or services; and
(4) to facilitate international coordination on cross-
border telecommunications infrastructure construction and
security standards to ensure cross-border telecommunications
are secure.
(b) Project Selection.--
(1) In general.--The Secretary of State, the Chief
Executive Officer of the United States International
Development Finance Corporation, and the Director of the Trade
and Development Agency shall identify telecommunications
infrastructure projects that would advance United States
national security and be appropriate for United States
assistance under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if--
(A) the project--
(i) improves telecommunications networks
through either hard infrastructure such as
telecommunications lines or equipment or soft
infrastructure such as innovative software
development or cloud services;
(ii) is inclusive, transparent,
economically viable, financially,
environmentally, and socially sustainable,
compliant with international standards, laws,
and regulations, and supplied with secure
telecommunications equipment or services solely
by providers of secure telecommunications
equipment or services;
(iii) does not use covered
telecommunications equipment or services or
removes covered telecommunications equipment or
services and replaces such equipment or
services with secure telecommunications
equipment or services; and
(iv) enhances telecommunications market
integration across the Central or Eastern
European region that is secure from
exploitation by malign actors; and
(B) the project is located in a Central or Eastern
European country.
(3) Preference.--In selecting among projects that are
eligible under paragraph (2), the agencies described in
subsection (a) shall give preference to projects that--
(A) can attract funding from the private sector, an
international financial institution, the government of
the country in which the project will be carried out,
or the European Commission;
(B) have been designated as available for funding
through the Three Seas Initiative Investment Fund;
(C) are to be carried out in the Three Seas
Initiative member nations;
(D) are to be carried out in NATO member nations
that meet or are making progress toward meeting their
commitments to upholding the rule of law and preserving
democratic institutions in accordance with the preamble
and Article 2 of the NATO Treaty;
(E) are to be carried out in NATO member nations
that meet or are making demonstrable progress toward
meeting their defense spending commitments in
accordance with the 2014 NATO Wales Summit Declaration;
or
(F) have the potential to advance United States
economic interests.
(c) Types of Assistance.--
(1) Diplomatic and political support.--The Secretary of
State shall provide diplomatic and political support to the
European Commission and Central and Eastern European countries,
as necessary, including by using the diplomatic and political
influence and expertise of the Department of State to build the
capacity of Central and Eastern European countries to resolve
any impediments to the development of projects selected under
subsection (b).
(2) International financial institutions support.--The
Secretary of State shall seek to encourage international
financial institutions, including the European Bank for
Reconstruction and Development, the European Investment Bank,
and the International Monetary Fund, the Foreign, Commonwealth,
and Development Office of the Government of the United Kingdom,
the Agency for International Cooperation of the Government of
Germany, and the Development Agency of the Government of France
to invest in telecommunications infrastructure resilience in
Central and Eastern Europe.
(3) Early-stage project support.--The Director of the Trade
and Development Agency shall provide early-stage project
support with respect to projects selected under subsection (b),
as necessary, including project support in middle- and upper-
income countries.
(4) Late-stage project support.--Agencies described in
subsection (a) that provide late-stage project support shall do
so with respect to projects selected under subsection (b), as
necessary.
(5) United states international development finance
corporation support.--The United States International
Development Finance Corporation is authorized to provide
support for projects under this section in Central and Eastern
European countries that are countries with upper-middle-income
economies or high-income economies (as those terms are defined
by the International Bank for Reconstruction and Development
and the International Development Association (collectively
referred to as the ``World Bank'')) notwithstanding the
restriction under section 1412(c)(2) of the Better Utilization
of Investments Leading to Development Act of 2018 (22 U.S.C.
9612(c)(2)).
SEC. 4. PROGRESS REPORTS.
(a) In General.--Not later than one year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees a report on the
progress made in providing assistance for projects under section 3 that
includes--
(1) a description of the telecommunications infrastructure
projects the United States has identified for such assistance;
and
(2) for each such project--
(A) a description of the role of the United States
in the project, including in early-stage project
support and late-stage project support;
(B) the amount and form of debt financing, equity
financing, and insurance provided by the United States
Government, the Three Seas Initiative Investment Fund,
international financial institutions, including the
European Bank for Reconstruction and Development, the
European Investment Bank, and the International
Monetary Fund, the Foreign, Commonwealth, and
Development Office of the Government of the United
Kingdom, the Agency for International Cooperation of
the Government of Germany, and the Development Agency
of the Government of France for the project;
(C) the contractual terms of the project that
preclude the use of covered telecommunications
equipment or services and steps taken to ensure
providers of telecommunications equipment or services
meet such contractual terms; and
(D) an update on the progress made on the project
as of the date of the report.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 5. DEFINITIONS.
In this Act:
(1) Central or eastern european country.--The term
``Central or Eastern European country'' includes--
(A) Albania;
(B) Austria
(C) Bosnia and Herzegovina;
(D) Bulgaria;
(E) Croatia;
(F) Cyprus;
(G) the Czech Republic;
(H) Estonia;
(I) Greece;
(J) Hungary;
(K) Kosovo;
(L) Latvia;
(M) Lithuania;
(N) Moldova;
(O) Montenegro;
(P) North Macedonia;
(Q) Poland;
(R) Romania;
(S) Serbia;
(T) Slovakia;
(U) Slovenia; and
(V) Ukraine.
(2) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(3) Covered telecommunications equipment or services.--The
term ``covered telecommunications equipment or services'' means
any of the following:
(A) Telecommunications equipment or services
produced or provided by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such
entities).
(B) Telecommunications equipment or services
produced or provided by an entity that the Secretary of
State, in consultation with the Director of National
Intelligence, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the
government of a covered foreign country.
(4) Early-stage project support.--The term ``early-stage
project support'' includes--
(A) feasibility studies;
(B) resource evaluations;
(C) project appraisal and costing;
(D) pilot projects;
(E) commercial support, such as trade missions,
reverse trade missions, technical workshops,
international buyer programs, and international partner
searchers to link suppliers to projects;
(F) technical assistance and other guidance to
improve the local regulatory environment and market
frameworks to encourage transparent competition and
enhance telecommunications security; and
(G) long-term telecommunications sector planning.
(5) Late-stage project support.--The term ``late-stage
project support'' includes debt financing, equity financing,
insurance, and transaction advisory services.
(6) Secure telecommunications equipment or services.--The
term ``secure telecommunications equipment or services'' means
telecommunications equipment or services that are not, and do
not contain, covered telecommunications equipment or services.
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