[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2876 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2876
To prioritize the efforts of, and to 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 SENATE OF THE UNITED STATES
September 28, 2021
Mrs. Shaheen (for herself and Mr. Portman) introduced the following
bill; which was read twice and referred to the Committee on Foreign
Relations
_______________________________________________________________________
A BILL
To prioritize the efforts of, and to 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. SENSE OF CONGRESS; STATEMENT OF POLICY.
(a) Sense of Congress.--It is the sense of Congress that--
(1) fifth generation (5G) 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--
(A) reducing their dependence on covered
telecommunications equipment or services that are often
offered with predatory economic inducements; and
(B) replacing such equipment or services with
secure telecommunications equipment or services;
(3) the People's Republic of 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--
(A) to counter the rise of global malign actors,
such as the People's Republic of China and the Russian
Federation; and
(B) to 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
(referred to in this Act as ``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 NATO's December 2019
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, which
seek to undermine democratic institutions and values;
(2) to encourage public and private sector investment in
European telecommunications infrastructure projects--
(A) to ensure secure telecommunications; and
(B) 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--
(A) to develop common telecommunications technology
and industry standards; and
(B) to promote them globally;
(5) to support the Three Seas Initiative organized by 12
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, 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. 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) Czechia;
(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--
(A) telecommunications equipment or services
produced or provided by Huawei Technologies Company or
ZTE Corporation (or any subsidiary or affiliate of such
entities); and
(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) Malign influence.--The term ``malign influence'' has
the meaning given the term ``foreign malign influence'' in
section 119C(e)(2) of the National Security Act of 1947 (50
U.S.C. 3059(e)(2)).
(7) 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.
SEC. 4. 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(b),
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 United States
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 the aforementioned 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 the 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 United
States Trade and Development Agency should identify
telecommunications infrastructure projects that would--
(A) advance United States national security; and
(B) be appropriate for United States assistance
under this section.
(2) Project eligibility.--A project is eligible for United
States assistance under this section if the project--
(A)(i) improves, modernizes, or expands
telecommunications networks with secure
telecommunications equipment or services through--
(I) an investment in hard infrastructure,
such as telecommunications lines or equipment;
or
(II) an investment in soft infrastructure,
such as innovative software development or
cloud services;
(ii) removes covered telecommunications equipment
or services and replaces such equipment or services
with secure telecommunications equipment or services;
or
(iii) enhances telecommunications market
integration across the Central or Eastern European
region that is secure from exploitation by malign
actors; and
(B) is located in a Central European or Eastern
European country.
(3) Preference.--In selecting among eligible projects, the
agencies described in subsection (a) should 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 1 or more of the Three
Seas Initiative member nations;
(D) are to be carried out in NATO member nations
that--
(i) 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 North Atlantic Treaty, done at
Washington April 4, 1949; or
(ii) meet or are making demonstrable
progress toward meeting their defense spending
commitments in accordance with the NATO Wales
Summit Declaration issued on September 5, 2014;
or
(E) 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 to 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
pursuant to subsection (b).
(2) International financial institutions support.--The
Secretary of State shall 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
United States Trade and Development Agency shall provide early-
stage project support with respect to projects selected
pursuant to 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
provide such support with respect to projects selected pursuant
to subsection (b), as necessary.
(5) United states international development finance
corporation support.--Notwithstanding the restriction under
section 1412(c)(2) of the BUILD Act of 2018 (22 U.S.C.
9612(c)(2)), 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 such terms are defined by the
International Bank for Reconstruction and Development and the
International Development Association (collectively referred to
as the ``World Bank'')).
SEC. 5. PROGRESS REPORTS.
(a) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
(b) In General.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit a report to the appropriate congressional committees that
describes the progress made in providing assistance for projects
selected pursuant to section 4(b), including--
(1) a description of the telecommunications infrastructure
projects the United States has assisted; 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 for the project by--
(i) the United States Government;
(ii) the Three Seas Initiative Investment
Fund;
(iii) international financial institutions,
including the European Bank for Reconstruction
and Development, the European Investment Bank,
and the International Monetary Fund;
(iv) the Foreign, Commonwealth, and
Development Office of the Government of the
United Kingdom;
(v) the Agency for International
Cooperation of the Government of Germany; or
(vi) the Development Agency of the
Government of France;
(C) the public summary disclosure of the project
that preclude the use of covered telecommunications
equipment or services; and
(D) an update on the progress made on the project
as of the date of the report.
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