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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 10 Reported in Senate (RS)]

<DOC>
                                                       Calendar No. 136
116th CONGRESS
  1st Session
S. CON. RES. 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.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 28, 2019

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

                              July 9, 2019

   Reported by Mr. Risch, with an amendment and an amendment to the 
                                preamble
[Strike out all after the resolving clause and insert the part printed 
                               in italic]
      [Strike the preamble and insert the part printed in italic]

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 
 Recognizing that Chinese telecommunications companies such as Huawei 
  and ZTE pose serious threats to the national security of the United 
                         States and its allies.

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 
        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
Whereas fifth-generation (in this preamble referred to as ``5G'') wireless 
        technology promises greater speed and capacity and will provide the 
        backbone for the next generation of digital technologies;
Whereas 5G 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 5G 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 assumed a greater number of leadership roles at 
        the International Telecommunications Union, where international 
        telecommunications standards are set, and Chinese companies such as 
        Huawei have increased their influence at the 3rd Generation Partnership 
        Project (3GPP), whose work informs global telecommunications network 
        technology standards;
Whereas Huawei and ZTE have rapidly expanded their market share throughout the 
        developing world, including in Latin America and Africa, in countries 
        such as Venezuela and Kenya;
Whereas, in 2018, Huawei increased its penetration to approximately 29 percent 
        of the global telecommunications equipment market and 43 percent of the 
        market in the Asia-Pacific, according to Dell'Oro Group;
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 these 
        restrictions;
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 5G wireless networks of Australia;
Whereas, in August 2018, Congress restricted the heads of Federal agencies from 
        procuring certain telecommunications equipment and services, which 
        included Huawei and ZTE equipment;
Whereas, in December 2018, the Government of Japan issued a directive barring 
        procurement by the government and the Japan Self-Defense Forces of 
        telecommunications equipment that would undermine national security;
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'';
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 5G wireless networks of New Zealand;
Whereas, on May 3, 2019, the Prague 5G Security Conference, which was widely 
        attended by representatives from the European Union and the North 
        Atlantic Treaty Organization (NATO), including the United States, 
        produced the Prague Proposals, which state that ``communication networks 
        and services should be designed with resilience and security in mind'';
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, the governments of some 
        countries, including United States security partners such as Germany, 
        have indicated they may permit the involvement of Huawei in building 5G 
        wireless networks in those countries;
Whereas installation of Huawei equipment in the communications infrastructure of 
        United States allies 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 and other vital international 
        security arrangements, including the Five Eyes partnership, depend on 
        strong and secure communications, which could be 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--
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
    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 
        choosing to incorporate Huawei or ZTE products into their new 
        telecommunications infrastructure that the United States will 
        seek to limit the risks posed to 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 by the United States and 
        such allies;
            (4) the United States should work with the private sector 
        and allies and partners, including the European Union, in 
        regularized bilateral or multilateral formats, to identify 
        secure, cost-effective, and reliable alternatives to Huawei or 
        ZTE products; and
            (5) the United States should accelerate its efforts to 
        increase its leadership and participation in the international 
        fora responsible for global telecommunications standards, and 
        work with allies and partners as well as the private sector to 
        also increase their engagement. 

                                                       Calendar No. 136

116th CONGRESS

  1st Session

                            S. CON. RES. 10

_______________________________________________________________________

                         CONCURRENT RESOLUTION

 Recognizing that Chinese telecommunications companies such as Huawei 
  and ZTE pose serious threats to the national security of the United 
                         States and its allies.

_______________________________________________________________________

                              July 9, 2019

      Reported with an amendment and an amendment to the preamble
```