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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Engrossed in Senate (ES)]

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116th CONGRESS
  2d Session
                                 S. 893

_______________________________________________________________________

                                 AN ACT

 
 To require the President to develop a strategy to ensure the security 
of next generation mobile telecommunications systems and infrastructure 
  in the United States and to assist allies and strategic partners in 
 maximizing the security of next generation mobile telecommunications 
     systems, infrastructure, and software, 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 ``Secure 5G and Beyond Act of 2020''.

SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

    In this Act, the term ``appropriate committees of Congress'' 
means--
            (1) the Select Committee on Intelligence, the Committee on 
        Commerce, Science, and Transportation, the Committee on Foreign 
        Relations, the Committee on Armed Services, and the Committee 
        on Homeland Security and Governmental Affairs of the Senate; 
        and
            (2) the Permanent Select Committee on Intelligence, the 
        Committee on Energy and Commerce, the Committee on Foreign 
        Affairs, the Committee on Armed Services, and the Committee on 
        Homeland Security of the House of Representatives.

SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION WIRELESS 
              COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE.

    (a) Strategy Required.--Not later than 180 days after the date of 
enactment of this Act, the President, in consultation with the Chairman 
of the Federal Communications Commission, the Secretary of Commerce, 
the Assistant Secretary of Commerce for Communications and Information, 
the Secretary of Homeland Security, the Director of National 
Intelligence, the Attorney General, the Secretary of State, the 
Secretary of Energy, and the Secretary of Defense, and consistent with 
the protection of national security information, shall develop and 
submit to the appropriate committees of Congress a strategy--
            (1) to ensure the security of 5th and future generations 
        wireless communications systems and infrastructure within the 
        United States;
            (2) to provide technical assistance to mutual defense 
        treaty allies of the United States, strategic partners of the 
        United States, and other countries, when in the security and 
        strategic interests of the United States, to maximize the 
        security of 5th and future generations wireless communications 
        systems and infrastructure inside their countries; and
            (3) to protect the competitiveness of United States 
        companies, privacy of United States consumers, and integrity 
        and impartiality of standards-setting bodies and processes 
        related to 5th and future generations wireless communications 
        systems and infrastructure.
    (b) Designation.--The strategy developed under subsection (a) shall 
be known as the ``National Strategy to Secure 5G and Next Generation 
Wireless Communications'' (referred to in this Act as the 
``Strategy'').
    (c) Elements.--The Strategy shall represent a whole-of-government 
approach and shall include the following:
            (1) A description of efforts to facilitate domestic 5th and 
        future generations wireless communications rollout.
            (2) A description of efforts to assess the risks to and 
        identify core security principles of 5th and future generations 
        wireless communications infrastructure.
            (3) A description of efforts to address risks to the 
        national security of the United States during development and 
        deployment of 5th and future generations wireless 
        communications infrastructure worldwide.
            (4) A description of efforts to promote responsible global 
        development and deployment of 5th and future generations 
        wireless communications, including through robust international 
        engagement, leadership in the development of international 
        standards, and incentivizing market competitiveness of secure 
        5th and future generation wireless communications 
        infrastructure options.
    (d) Public Consultation.--In developing the Strategy, the President 
shall consult with relevant groups that represent consumers or the 
public interest, private sector communications providers, and 
communications infrastructure and systems equipment developers.

SEC. 4. STRATEGY IMPLEMENTATION PLAN.

    Not later than 180 days after the date of enactment of this Act, 
the President shall develop and submit to the appropriate committees of 
Congress an implementation plan for the Strategy (referred to in this 
Act as the ``Implementation Plan''), which shall include, at a minimum, 
the following:
            (1) A description of United States national and economic 
        security interests pertaining to the deployment of 5th and 
        future generations wireless communications systems and 
        infrastructure.
            (2) An identification and assessment of potential security 
        threats and vulnerabilities to the infrastructure, equipment, 
        systems, software, and virtualized networks that support 5th 
        and future generations wireless communications systems, 
        infrastructure, and enabling technologies, which shall, as 
        practicable, include a comprehensive evaluation of the full 
        range of threats to, and unique security challenges posed by, 
        5th and future generations wireless communications systems and 
        infrastructure, as well as steps that public and private sector 
        entities can take to mitigate those threats.
            (3) An identification and assessment of the global 
        competitiveness and vulnerabilities of United States 
        manufacturers and suppliers of 5th and future generations 
        wireless communications equipment.
            (4) An evaluation of available domestic suppliers of 5th 
        and future generations wireless communications equipment and 
        other suppliers in countries that are mutual defense allies or 
        strategic partners of the United States and a strategy to 
        assess their ability to produce and supply 5th generation and 
        future generations wireless communications systems and 
        infrastructure.
            (5) Identification of where security gaps exist in the 
        United States domestic or mutual defense treaty allies and 
        strategic partners communications equipment supply chain for 
        5th and future generations wireless communications systems and 
        infrastructure.
            (6) Identification of incentives and policy options to help 
        close or narrow any security gaps identified under paragraph 
        (5) in, and ensure the economic viability of, the United States 
        domestic industrial base, including research and development in 
        critical technologies and workforce development in 5th and 
        future generations wireless communications systems and 
        infrastructure.
            (7) Identification of incentives and policy options for 
        leveraging the communications equipment suppliers from mutual 
        defense treaty allies, strategic partners, and other countries 
        to ensure that private industry in the United States has 
        adequate sources for secure, effective, and reliable 5th and 
        future generations wireless communications systems and 
        infrastructure equipment.
            (8) A plan for diplomatic engagement with mutual defense 
        treaty allies, strategic partners, and other countries to share 
        security risk information and findings pertaining to 5th and 
        future generations wireless communications systems and 
        infrastructure equipment and cooperation on mitigating those 
        risks.
            (9) A plan for engagement with private sector 
        communications infrastructure and systems equipment developers 
        and critical infrastructure owners and operators who have a 
        critical dependency on communications infrastructure to share 
        information and findings on 5th and future generations wireless 
        communications systems and infrastructure equipment standards 
        to secure platforms.
            (10) A plan for engagement with private sector 
        communications infrastructure and systems equipment developers 
        to encourage the maximum participation possible on standards-
        setting bodies related to such systems and infrastructure 
        equipment standards by public and private sector entities from 
        the United States.
            (11) A plan for diplomatic engagement with mutual defense 
        treaty allies, strategic partners, and other countries to share 
        information and findings on 5th and future generations wireless 
        communications systems and infrastructure equipment standards 
        to promote maximum interoperability, competitiveness, openness, 
        and secure platforms.
            (12) A plan for diplomatic engagement with mutual defense 
        treaty allies, strategic partners, and other countries to share 
        information and findings on 5th and future generations wireless 
        communications infrastructure and systems equipment concerning 
        the standards-setting bodies related to such systems and 
        infrastructure equipment to promote maximum transparency, 
        openness, impartiality, integrity, and neutrality.
            (13) A plan for joint testing environments with mutual 
        defense treaty allies, strategic partners, and other countries 
        to ensure a trusted marketplace for 5th and future generations 
        wireless communications systems and infrastructure equipment.
            (14) A plan for research and development by the Federal 
        Government, in close partnership with trusted supplier 
        entities, mutual defense treaty allies, strategic partners, and 
        other countries to reach and maintain United States leadership 
        in 5th and future generations wireless communications systems 
        and infrastructure security, including the development of an 
        ongoing capability to identify security vulnerabilities in 5th 
        and future generations wireless communications systems.
            (15) Options for identifying and helping to mitigate the 
        security risks of 5th and future generations wireless 
        communications systems and infrastructure that have security 
        flaws or vulnerabilities, or are utilizing equipment sourced 
        from countries of concern, and that have already been put in 
        place within the systems and infrastructure of mutual defense 
        treaty allies, strategic partners, and other countries, when in 
        the security interests of the United States.
            (16) A description of the roles and responsibilities of the 
        appropriate executive branch agencies and interagency 
        mechanisms to coordinate implementation of the Strategy, as 
        provided in section 5(d).
            (17) An identification of the key diplomatic, development, 
        intelligence, military, and economic resources necessary to 
        implement the Strategy, including specific budgetary requests.
            (18) As necessary, a description of such legislative or 
        administrative action needed to carry out the Strategy.

SEC. 5. LIMITATIONS AND BRIEFINGS.

    (a) Limitations.--
            (1) In general.--The Strategy and the Implementation Plan 
        shall not include a recommendation or a proposal to nationalize 
        5th or future generations wireless communications systems or 
        infrastructure.
            (2) Federal agency authority.--Nothing in this Act shall be 
        construed to limit any authority or ability of any Federal 
        agency.
    (b) Public Comment.--Not later than 60 days after the date of 
enactment of this Act, the President shall seek public comment 
regarding the development and implementation of the Implementation 
Plan.
    (c) Briefing.--
            (1) In general.--Not later than 21 days after the date on 
        which the Implementation Plan is completed, the President shall 
        direct appropriate representatives from the departments and 
        agencies involved in the formulation of the Strategy to provide 
        the appropriate committees of Congress a briefing on the 
        implementation of the Strategy.
            (2) Unclassified setting.--The briefing under paragraph (1) 
        shall be held in an unclassified setting to the maximum extent 
        possible.
    (d) Implementation.--
            (1) In general.--The President and the National 
        Telecommunications and Information Administration, in 
        conjunction, shall--
                    (A) implement the Strategy;
                    (B) keep congressional committees apprised of 
                progress on implementation; and
                    (C) not implement any proposal or recommendation 
                involving non-Federal spectrum administered by the 
                Federal Communications Commission unless the 
                implementation of such proposal or recommendation is 
                first approved by the Commission.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed to affect the authority or jurisdiction of the 
        Federal Communications Commission or confer upon the President 
        or any other executive branch agency the power to direct the 
        actions of the Commission, whether directly or indirectly.
    (e) Form.--The Strategy and Implementation Plan shall be submitted 
to the appropriate committees of Congress in unclassified form, but may 
include a classified annex.

            Passed the Senate March 4, 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  2d Session

                                 S. 893

_______________________________________________________________________

                                 AN ACT

 To require the President to develop a strategy to ensure the security 
of next generation mobile telecommunications systems and infrastructure 
  in the United States and to assist allies and strategic partners in 
 maximizing the security of next generation mobile telecommunications 
     systems, infrastructure, and software, and for other purposes.
```