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. 
2 

†S 893 ES

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Secure 5G and Beyond 

5 Act of 2020’’. 

6 SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DE7 FINED. 

8 In this Act, the term ‘‘appropriate committees of 

9 Congress’’ means— 

10 (1) the Select Committee on Intelligence, the 

11 Committee on Commerce, Science, and Transpor12 tation, the Committee on Foreign Relations, the 

13 Committee on Armed Services, and the Committee 

14 on Homeland Security and Governmental Affairs of 

15 the Senate; and 

16 (2) the Permanent Select Committee on Intel17 ligence, the Committee on Energy and Commerce, 

18 the Committee on Foreign Affairs, the Committee 

19 on Armed Services, and the Committee on Home20 land Security of the House of Representatives. 

21 SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GEN22 ERATION WIRELESS COMMUNICATIONS SYS23 TEMS AND INFRASTRUCTURE. 

24 (a) STRATEGY REQUIRED.—Not later than 180 days 

25 after the date of enactment of this Act, the President, in 
3 

†S 893 ES

1 consultation with the Chairman of the Federal Commu2 nications Commission, the Secretary of Commerce, the As3 sistant Secretary of Commerce for Communications and 

4 Information, the Secretary of Homeland Security, the Di5 rector of National Intelligence, the Attorney General, the 

6 Secretary of State, the Secretary of Energy, and the Sec7 retary of Defense, and consistent with the protection of 

8 national security information, shall develop and submit to 

9 the appropriate committees of Congress a strategy— 

10 (1) to ensure the security of 5th and future 

11 generations wireless communications systems and in12 frastructure within the United States; 

13 (2) to provide technical assistance to mutual de14 fense treaty allies of the United States, strategic 

15 partners of the United States, and other countries, 

16 when in the security and strategic interests of the 

17 United States, to maximize the security of 5th and 

18 future generations wireless communications systems 

19 and infrastructure inside their countries; and 

20 (3) to protect the competitiveness of United 

21 States companies, privacy of United States con22 sumers, and integrity and impartiality of standards23 setting bodies and processes related to 5th and fu24 ture generations wireless communications systems 

25 and infrastructure. 
4 

†S 893 ES

1 (b) DESIGNATION.—The strategy developed under 

2 subsection (a) shall be known as the ‘‘National Strategy 

3 to Secure 5G and Next Generation Wireless Communica4 tions’’ (referred to in this Act as the ‘‘Strategy’’). 

5 (c) ELEMENTS.—The Strategy shall represent a 

6 whole-of-government approach and shall include the fol7 lowing: 

8 (1) A description of efforts to facilitate domes9 tic 5th and future generations wireless communica10 tions rollout. 

11 (2) A description of efforts to assess the risks 

12 to and identify core security principles of 5th and 

13 future generations wireless communications infra14 structure. 

15 (3) A description of efforts to address risks to 

16 the national security of the United States during de17 velopment and deployment of 5th and future genera18 tions wireless communications infrastructure world19 wide. 

20 (4) A description of efforts to promote respon21 sible global development and deployment of 5th and 

22 future generations wireless communications, includ23 ing through robust international engagement, leader24 ship in the development of international standards, 

25 and incentivizing market competitiveness of secure 
5 

†S 893 ES

1 5th and future generation wireless communications 

2 infrastructure options. 

3 (d) PUBLIC CONSULTATION.—In developing the 

4 Strategy, the President shall consult with relevant groups 

5 that represent consumers or the public interest, private 

6 sector communications providers, and communications in7 frastructure and systems equipment developers. 

8 SEC. 4. STRATEGY IMPLEMENTATION PLAN. 

9 Not later than 180 days after the date of enactment 

10 of this Act, the President shall develop and submit to the 

11 appropriate committees of Congress an implementation 

12 plan for the Strategy (referred to in this Act as the ‘‘Im13 plementation Plan’’), which shall include, at a minimum, 

14 the following: 

15 (1) A description of United States national and 

16 economic security interests pertaining to the deploy17 ment of 5th and future generations wireless commu18 nications systems and infrastructure. 

19 (2) An identification and assessment of poten20 tial security threats and vulnerabilities to the infra21 structure, equipment, systems, software, and 

22 virtualized networks that support 5th and future 

23 generations wireless communications systems, infra24 structure, and enabling technologies, which shall, as 

25 practicable, include a comprehensive evaluation of 
6 

†S 893 ES

1 the full range of threats to, and unique security 

2 challenges posed by, 5th and future generations 

3 wireless communications systems and infrastructure, 

4 as well as steps that public and private sector enti5 ties can take to mitigate those threats. 

6 (3) An identification and assessment of the 

7 global competitiveness and vulnerabilities of United 

8 States manufacturers and suppliers of 5th and fu9 ture generations wireless communications equip10 ment. 

11 (4) An evaluation of available domestic sup12 pliers of 5th and future generations wireless commu13 nications equipment and other suppliers in countries 

14 that are mutual defense allies or strategic partners 

15 of the United States and a strategy to assess their 

16 ability to produce and supply 5th generation and fu17 ture generations wireless communications systems 

18 and infrastructure. 

19 (5) Identification of where security gaps exist in 

20 the United States domestic or mutual defense treaty 

21 allies and strategic partners communications equip22 ment supply chain for 5th and future generations 

23 wireless communications systems and infrastructure. 

24 (6) Identification of incentives and policy op25 tions to help close or narrow any security gaps iden-
7 

†S 893 ES

1 tified under paragraph (5) in, and ensure the eco2 nomic viability of, the United States domestic indus3 trial base, including research and development in 

4 critical technologies and workforce development in 

5 5th and future generations wireless communications 

6 systems and infrastructure. 

7 (7) Identification of incentives and policy op8 tions for leveraging the communications equipment 

9 suppliers from mutual defense treaty allies, strategic 

10 partners, and other countries to ensure that private 

11 industry in the United States has adequate sources 

12 for secure, effective, and reliable 5th and future gen13 erations wireless communications systems and infra14 structure equipment. 

15 (8) A plan for diplomatic engagement with mu16 tual defense treaty allies, strategic partners, and 

17 other countries to share security risk information 

18 and findings pertaining to 5th and future genera19 tions wireless communications systems and infra20 structure equipment and cooperation on mitigating 

21 those risks. 

22 (9) A plan for engagement with private sector 

23 communications infrastructure and systems equip24 ment developers and critical infrastructure owners 

25 and operators who have a critical dependency on 
8 

†S 893 ES

1 communications infrastructure to share information 

2 and findings on 5th and future generations wireless 

3 communications systems and infrastructure equip4 ment standards to secure platforms. 

5 (10) A plan for engagement with private sector 

6 communications infrastructure and systems equip7 ment developers to encourage the maximum partici8 pation possible on standards-setting bodies related to 

9 such systems and infrastructure equipment stand10 ards by public and private sector entities from the 

11 United States. 

12 (11) A plan for diplomatic engagement with 

13 mutual defense treaty allies, strategic partners, and 

14 other countries to share information and findings on 

15 5th and future generations wireless communications 

16 systems and infrastructure equipment standards to 

17 promote maximum interoperability, competitiveness, 

18 openness, and secure platforms. 

19 (12) A plan for diplomatic engagement with 

20 mutual defense treaty allies, strategic partners, and 

21 other countries to share information and findings on 

22 5th and future generations wireless communications 

23 infrastructure and systems equipment concerning 

24 the standards-setting bodies related to such systems 

25 and infrastructure equipment to promote maximum 
9 

†S 893 ES

1 transparency, openness, impartiality, integrity, and 

2 neutrality. 

3 (13) A plan for joint testing environments with 

4 mutual defense treaty allies, strategic partners, and 

5 other countries to ensure a trusted marketplace for 

6 5th and future generations wireless communications 

7 systems and infrastructure equipment. 

8 (14) A plan for research and development by 

9 the Federal Government, in close partnership with 

10 trusted supplier entities, mutual defense treaty al11 lies, strategic partners, and other countries to reach 

12 and maintain United States leadership in 5th and 

13 future generations wireless communications systems 

14 and infrastructure security, including the develop15 ment of an ongoing capability to identify security 

16 vulnerabilities in 5th and future generations wireless 

17 communications systems. 

18 (15) Options for identifying and helping to 

19 mitigate the security risks of 5th and future genera20 tions wireless communications systems and infra21 structure that have security flaws or vulnerabilities, 

22 or are utilizing equipment sourced from countries of 

23 concern, and that have already been put in place 

24 within the systems and infrastructure of mutual de25 fense treaty allies, strategic partners, and other 
10 

†S 893 ES

1 countries, when in the security interests of the 

2 United States. 

3 (16) A description of the roles and responsibil4 ities of the appropriate executive branch agencies 

5 and interagency mechanisms to coordinate imple6 mentation of the Strategy, as provided in section 

7 5(d). 

8 (17) An identification of the key diplomatic, de9 velopment, intelligence, military, and economic re10 sources necessary to implement the Strategy, includ11 ing specific budgetary requests. 

12 (18) As necessary, a description of such legisla13 tive or administrative action needed to carry out the 

14 Strategy. 

15 SEC. 5. LIMITATIONS AND BRIEFINGS. 

16 (a) LIMITATIONS.— 

17 (1) IN GENERAL.—The Strategy and the Imple18 mentation Plan shall not include a recommendation 

19 or a proposal to nationalize 5th or future genera20 tions wireless communications systems or infrastruc21 ture. 

22 (2) FEDERAL AGENCY AUTHORITY.—Nothing in 

23 this Act shall be construed to limit any authority or 

24 ability of any Federal agency. 
11 

†S 893 ES

1 (b) PUBLIC COMMENT.—Not later than 60 days after 

2 the date of enactment of this Act, the President shall seek 

3 public comment regarding the development and implemen4 tation of the Implementation Plan. 

5 (c) BRIEFING.— 

6 (1) IN GENERAL.—Not later than 21 days after 

7 the date on which the Implementation Plan is com8 pleted, the President shall direct appropriate rep9 resentatives from the departments and agencies in10 volved in the formulation of the Strategy to provide 

11 the appropriate committees of Congress a briefing 

12 on the implementation of the Strategy. 

13 (2) UNCLASSIFIED SETTING.—The briefing 

14 under paragraph (1) shall be held in an unclassified 

15 setting to the maximum extent possible. 

16 (d) IMPLEMENTATION.— 

17 (1) IN GENERAL.—The President and the Na18 tional Telecommunications and Information Admin19 istration, in conjunction, shall— 

20 (A) implement the Strategy; 

21 (B) keep congressional committees ap22 prised of progress on implementation; and 

23 (C) not implement any proposal or rec24 ommendation involving non-Federal spectrum 

25 administered by the Federal Communications 
12 

†S 893 ES

1 Commission unless the implementation of such 

2 proposal or recommendation is first approved 

3 by the Commission. 

4 (2) RULE OF CONSTRUCTION.—Nothing in this 

5 subsection shall be construed to affect the authority 

6 or jurisdiction of the Federal Communications Com7 mission or confer upon the President or any other 

8 executive branch agency the power to direct the ac9 tions of the Commission, whether directly or indi10 rectly. 

11 (e) FORM.—The Strategy and Implementation Plan 

12 shall be submitted to the appropriate committees of Con13 gress in unclassified form, but may include a classified 

14 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 

poses. infrastructure, and software, and for other purgeneration mobile telecommunications systems, tegic partners in maximizing the security of next the United States and to assist allies and stratelecommunications systems and infrastructure in ensure the security of next generation mobile