H.R. 3344 — what changed
Transatlantic Telecommunications Security Act
From Introduced in House to Engrossed in House. 4 sections amended and 1 added between Introduced in House and Engrossed in House.
Sec. 2 Sense of Congress; statement of policy
Sense of Congress— It is the sense of Congress that—
changed
fifth-generation telecommunications fifth and future generation’s telecommunication 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;
changed
the United States has national security Russia’s unprovoked, unjustified, and economic interests illegal invasion of Ukraine and the People’s Republic of China’s tacit support for Russian Federation’s actions demonstrate the importance of secure telecommunication infrastructure 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;nations;
changed
China’s Belt and Road Initiative and the 17+1 Initiative seek to undermine United States has national security and economic interests in assisting Central and Eastern Europe’s infrastructure resilience and sovereignty through predatory inducements from state-linked providers European countries to improve the security of telecommunications their telecommunication networks by reducing dependence on covered telecommunication equipment or services such as Huawei Technologies Company that are often offered with predatory economic inducements and ZTE Corporation;replacing them with secure telecommunication equipment or services;
changed
the United States must assemble a coalition of democratic China’s Belt and like-minded allies Road Initiative and partners to counter the rise 17+1 Initiative seek to undermine Central and Eastern Europe’s infrastructure resilience and sovereignty through predatory inducements from state-linked providers of global malign actors telecommunication equipment or services such as China and Russia, and build resilience in Central Huawei Technologies Company and Eastern Europe against malign influences; andZTE Corporation;
changed
in order China’s 2017 National Intelligence Law obligates Chinese businesses to ensure robust military coordination and interoperability fully cooperate with the North Atlantic Treaty Organization (NATO) and transatlantic allies state intelligence work, and partners, thereby compromises the United States should ensure integrity of any network that allies’ and partners’ telecommunications networks are secure and free utilizes equipment from potential threats in accordance with Chinese companies because providers could be forced to hand over sensitive data or shut down networks at the 2019 NATO London Declaration.command of China;
added
Russia’s campaign to elect a Russian national, who is a former Huawei Technologies Company executive, to serve as the Secretary-General of the International Telecommunication Union (ITU) is indicative of China and Russia’s efforts to use international organizations to promote their interests and their malign influence;
added
at global fora such as the ITU, the United States Government should actively support candidates that espouse democratic values, internet freedoms, and secure telecommunication networks;
added
the United States International Development Finance Corporation’s development priorities, as described in section 1412 of the Better Utilization of Investments Leading to Development Act of 2018, properly includes a focus on less developed countries;
added
the United States should 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
added
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’ telecommunication networks are secure and free from potential threats in accordance with the 2019 NATO London Declaration.
Statement of policy— It is the policy of the United States—
changed
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 China and the Russian Federation, countries that seek to undermine democratic institutions and values;
changed
to encourage public and private sector investment in European telecommunications telecommunication infrastructure projects to ensure secure telecommunications telecommunication and to catalyze economic advancement through the highest standards of transparency, accessibility, and competition;
changed
to provide economically feasible alternatives to financing from providers of covered telecommunications telecommunication equipment or services;
changed
to engage in diplomacy with European allies and partners to strengthen the United States and European private sector efforts to develop common telecommunications telecommunication technology and industry standards, and in turn promote them globally;
changed
to support the Three Seas Initiative organized by twelve 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; andtelecommunication space;
changed
to support the people of Ukraine, Moldova, Georgia, enhance telecommunication security and freedom around the Western Balkan countries globe by engaging in their desire for integration into euro-Atlantic institutions elections at the ITU and economies through enhanced cross-border telecommunications infrastructure connectivity.promoting the candidacies of individuals that will promote democratic values, the rule of law, technological freedoms, and telecommunication security;
added
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 telecommunication infrastructure connectivity; and
added
to ensure that frontline NATO allies have telecommunication services that cannot be controlled by China or Russia, especially considering Russia’s illegal and unjustifiable invasion of Ukraine.
Sec. 3 International Telecommunication Union Security Campaign Director
changed
In general—Appointment— 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, Not later than 30 days after the Federal Communications Commission, and heads date of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts enactment of this Act, the Department Secretary of State and those agencies in supporting the efforts of the European Commission and the governments shall appoint, from among existing personnel of Central and Eastern European countries to improve the security Department of their telecommunications networks, including through providing diplomatic and political support State, an International Telecommunication Union Security Campaign Director (in this section referred to the European Commission and Central and Eastern Europe countries, as necessary—the “Director”).
added
Duties— The Director shall—
removed
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;
removed
to remove covered telecommunications equipment or services and replace such equipment or services with secure telecommunications equipment or services;
removed
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
removed
to facilitate international coordination on cross-border telecommunications infrastructure construction and security standards to ensure cross-border telecommunications are secure.
removed
Project selection—
removed
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.
changed
Project eligibility— A project is eligible lead efforts to promote candidates for United States assistance under this section if—elections at the International Telecommunication Union (ITU) who will support and defend democratic values, internet freedom, and telecommunication security;
removed
the project—
removed
improves telecommunications networks through either hard infrastructure such as telecommunications lines or equipment or soft infrastructure such as innovative software development or cloud services;
removed
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;
removed
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
removed
enhances telecommunications market integration across the Central or Eastern European region that is secure from exploitation by malign actors; and
removed
the project is located in a Central or Eastern European country.
changed
Preference— In selecting among projects that are eligible under paragraph (2), coordinate with other officials of the Department of State, the Department of Commerce, the Federal Communications Commission, and other Federal departments and agencies to ensure efforts described in subsection (a) shall give preference to projects that—paragraph (1) are carried out in an organized, nimble, efficient, and effective manner;
added
work with stakeholders in the private sector to harmonize efforts and to galvanize focus on elections at the ITU;
added
use diplomatic tools of the Department of State to bolster support for candidates for elections at the ITU who will support and defend democratic values, internet freedom, and telecommunication security;
added
brief Congress regularly on the implementation of the duties described in paragraphs (1) through (4) and, if appropriate, on requests for additional legislative authority necessary to enhance telecommunication security and freedom around the globe as described in section 2(b)(6); and
added
report to the Assistant Secretary of State for International Organization Affairs regularly on development, progress, or setbacks with respect to support to the people of Ukraine, Moldova, Georgia, and the Western Balkan countries as described in section 2(b)(7).
added
Sunset— This section shall terminate on October 31, 2022.
removed
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;
removed
have been designated as available for funding through the Three Seas Initiative Investment Fund;
removed
are to be carried out in the Three Seas Initiative member nations;
removed
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;
removed
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
removed
have the potential to advance United States economic interests.
removed
Types of assistance—
removed
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).
removed
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.
removed
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.
removed
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.
removed
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 Prioritization of efforts and assistance for telecommunication infrastructure projects in Central and Eastern Europe
changed
In general— Not later than one year after In carrying out the date policy described in section 2(b), the Secretary of State, in consultation with the enactment Secretary of this Act, Commerce, the Chief Executive Officer of the United States International Development Finance Corporation, the Director of the Trade and annually thereafter, Development Agency, the President shall submit to head of the appropriate congressional committees a report on Federal Communications Commission, and the progress made heads of other relevant Federal departments and agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and those departments and agencies in supporting the efforts of the European Commission and the governments of Central and Eastern European countries to improve the security of their telecommunication networks, including through providing assistance for projects under section 3 that includes—diplomatic and political support to the European Commission and Central and Eastern European countries, as necessary—
changed
a description of the telecommunications infrastructure projects the United States has identified for to ensure European telecommunication networks are built securely, consistent with democratic values and principles such assistance; andas privacy, including through early-stage project support and late-stage project support for the construction or improvement of telecommunication and related infrastructure;
changed
for each to remove covered telecommunication equipment or services and replace such project—equipment or services with secure telecommunication equipment or services;
added
to support the development of telecommunication 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 telecommunication equipment or services; and
added
to facilitate international coordination on cross-border telecommunication infrastructure construction and security standards to ensure cross-border telecommunications are secure.
added
Project selection—
added
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 jointly identify telecommunication infrastructure projects that would advance the United States national security and be appropriate for United States assistance under this section.
removed
a description of the role of the United States in the project, including in early-stage project support and late-stage project support;
removed
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;
removed
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
removed
an update on the progress made on the project as of the date of the report.
removed
Appropriate congressional committees defined— In this section, the term “appropriate congressional committees” means—
changed
Project eligibility— the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andA project is eligible for United States assistance under this section if—
added
the project—
added
improves telecommunication networks through either hard infrastructure, such as telecommunication lines, towers, antennas, or other equipment, or soft infrastructure, such as innovative software development or cloud services;
added
is inclusive, transparent, economically viable, financially, environmentally, and socially sustainable, compliant with international standards, laws, and regulations, and supplied with secure telecommunication equipment or services solely by providers of secure telecommunication equipment or services; and
added
does not use covered telecommunication equipment or services or removes covered telecommunication equipment or services and replaces such equipment or services with secure telecommunication equipment or services; and
added
the project is located in a covered country.
changed
Preference— the Committee on Foreign Relations and In selecting among projects that are eligible under paragraph (2), the Committee on Appropriations heads of the Senate.Federal departments and agencies specified in subsection (a) shall give preference to projects that—
added
are located in Ukraine;
added
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;
added
have been designated as available for funding through the Three Seas Initiative Investment Fund;
added
are to be carried out in the Three Seas Initiative member nations;
added
are to be carried out in NATO member states 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 North Atlantic Treaty;
added
are to be carried out in NATO member states that meet or are making demonstrable progress toward meeting their defense spending commitments in accordance with the 2014 NATO Wales Summit Declaration; or
added
have the potential to advance United States economic interests.
added
Types of assistance—
added
Diplomatic and political support— The Secretary of State shall provide diplomatic and political support to the covered countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of covered countries to resolve any impediments to the development of projects selected under subsection (b).
added
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 telecommunication infrastructure resilience in Central and Eastern Europe.
added
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.
added
Late-stage project support— The heads of the Federal departments and agencies specified in subsection (a) that provide late-stage project support shall do so, with respect to projects selected under subsection (b), as necessary.
added
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 covered 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 contained in section 1412(c)(2) of the Better Utilization of Investments Leading to Development Act of 2018 (22 U.S.C. 9612(c)(2)).
Sec. 5 Report
added
In general— Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 5 years, the President shall submit to the appropriate congressional committees a report on the progress made in providing assistance for projects under section 4 that includes—
added
a description of the telecommunications infrastructure projects the United States has identified for such assistance; and
added
for each such project—
added
a description of the role of the United States in the project, including in early-stage project support and late-stage project support;
added
the amount and form of debt financing, equity financing, and insurance provided by the United States Government, the Three Seas Initiative Investment Fund, and 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;
added
the contractual terms of the project that preclude the use of covered telecommunication equipment or services and steps taken to ensure providers of telecommunication equipment or services meet such contractual terms; and
added
an update on the progress made on the project as of the date of the report.
removed
In this Act:
changed
Central or Eastern European country—Appropriate congressional committees defined— The In this section, the term “Central or Eastern European country” includes—appropriate congressional committees means—
changed
Albania;the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
changed
Austriathe Committee on Foreign Relations and the Committee on Appropriations of the Senate.
removed
Bosnia and Herzegovina;
removed
Bulgaria;
removed
Croatia;
removed
Cyprus;
removed
the Czech Republic;
removed
Estonia;
removed
Greece;
removed
Hungary;
removed
Kosovo;
removed
Latvia;
removed
Lithuania;
removed
Moldova;
removed
Montenegro;
removed
North Macedonia;
removed
Poland;
removed
Romania;
removed
Serbia;
removed
Slovakia;
removed
Slovenia; and
removed
Ukraine.
removed
Covered foreign country— The term “covered foreign country” means the People’s Republic of China.
removed
Covered telecommunications equipment or services— The term “covered telecommunications equipment or services” means any of the following:
removed
Telecommunications equipment or services produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
removed
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.
removed
Early-stage project support— The term “early-stage project support” includes—
removed
feasibility studies;
removed
resource evaluations;
removed
project appraisal and costing;
removed
pilot projects;
removed
commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects;
removed
technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance telecommunications security; and
removed
long-term telecommunications sector planning.
removed
Late-stage project support— The term “late-stage project support” includes debt financing, equity financing, insurance, and transaction advisory services.
removed
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. 6 Definitions
addedadded In this Act:
added
Covered country— The term covered country includes—
added
any member state of the North Atlantic Treaty Organization that—
added
shares a border with the Russian Federation; and
added
according to World Bank official data for 2020, has a Gross Domestic Product per capita, adjusted for purchasing power parity, of less than $45,000; and
added
any European country that—
added
has not participated or aided in Russia’s invasion of Ukraine; and
added
according to World Bank official data for 2020, has a Gross Domestic Product per capita, adjusted for purchasing power parity, of less than $34,000.
added
Covered telecommunication equipment or services— The term covered telecommunication equipment or services means any of the following:
added
Telecommunication equipment or services produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
added
Telecommunication 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 People’s Republic of China or the Russian Federation.
added
Early-stage project support— The term early-stage project support includes—
added
feasibility studies;
added
resource evaluations;
added
project appraisal and costing;
added
pilot projects;
added
commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects;
added
technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance telecommunication security; and
added
long-term telecommunication sector planning.
added
Late-stage project support— The term late-stage project support includes debt financing, equity financing, insurance, and transaction advisory services.
added
Secure telecommunication equipment or services— The term secure telecommunication equipment or services means telecommunication equipment or services that are not, and do not contain, covered telecommunication equipment or services.