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 
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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 
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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 standardssetting 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 
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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.— 
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(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.