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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Enrolled Bill (ENR)]

        S.893

                     One Hundred Sixteenth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Friday,
            the third day of January, two thousand and twenty

                                 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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