II 

Calendar No. 395 

116TH CONGRESS 

1ST SESSION S. 893 

[Report No. 116–184] 

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. 

IN THE SENATE OF THE UNITED STATES 

MARCH 27, 2019 

Mr. CORNYN (for himself, Mr. BURR, Mr. WARNER, Ms. COLLINS, Mr. RUBIO, 

Mr. BENNET, Mr. COTTON, Mrs. FEINSTEIN, Mrs. BLACKBURN, Mr. 

MURPHY, and Mr. SULLIVAN) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

DECEMBER 19, 2019 

Reported by Mr. WICKER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

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 telecommuniVerDate Sep 11 2014 01:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S893.RS S893

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cations systems, infrastructure, and software, and for 

other purposes. 

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 2019’’. 

6 SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GEN7 ERATION MOBILE TELECOMMUNICATIONS 

8 SYSTEMS AND INFRASTRUCTURE. 

9 (a) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this section, the term ‘‘appropriate commit11 tees of Congress’’ means— 

12 (1) the Select Committee on Intelligence, the 

13 Committee on Commerce, Science, and Transpor14 tation, the Committee on Foreign Relations, the 

15 Committee on Armed Services, and the Committee 

16 on Homeland Security and Governmental Affairs of 

17 the Senate; and 

18 (2) the Permanent Select Committee on Intel19 ligence, the Committee on Energy and Commerce, 

20 the Committee on Foreign Affairs, the Committee 

21 on Armed Services, and the Committee on Home22 land Security of the House of Representatives. 

23 (b) STRATEGY REQUIRED.—Not later than 180 days 

24 after the date of the enactment of this Act, the President, 


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1 in consultation with the Chairman of the Federal Commu2 nications Commission, the Administrator of the National 

3 Telecommunications and Information Administration, the 

4 Secretary of Homeland Security, the Director of National 

5 Intelligence, the Attorney General, and the Secretary of 

6 Defense, shall develop and submit to the appropriate com7 mittees of Congress a strategy— 

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

9 generations mobile telecommunications systems and 

10 infrastructure within the United States; 

11 (2) to assist mutual defense treaty allies of the 

12 United States, strategic partners of the United 

13 States, and other countries, when in the security in14 terests of the United States, in maximizing the secu15 rity of 5th and future generations mobile tele16 communications systems and infrastructure inside 

17 their countries; and 

18 (3) to protect the competitiveness of United 

19 States companies, privacy of United States con20 sumers, and integrity of standards setting bodies 

21 against political influence. 

22 (c) DESIGNATION.—The strategy developed under 

23 subsection (b) shall be known as the ‘‘Secure Next Genera24 tion Mobile Communications Strategy’’. 


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1 (d) ELEMENTS.—The strategy required by subsection 

2 (b) shall represent a whole-of-government approach and 

3 shall include the following: 

4 (1) A description of United States national and 

5 economic security interests pertaining to the deploy6 ment of 5th and future generations mobile tele7 communications systems and infrastructure. 

8 (2) An identification and assessment of poten9 tial security threats and vulnerabilities to the infra10 structure, equipment, systems, software, and vir11 tually defined networks that support 5th and future 

12 generations mobile telecommunications systems and 

13 infrastructure. 

14 (3) A list of available domestic suppliers of 5th 

15 and future generations telecommunications equip16 ment and other suppliers in countries that are mu17 tual defense allies or strategic partners of the 

18 United States and a strategy to assess their ability 

19 to produce and supply 5th generation and future 

20 generations telecommunications systems and infra21 structure. 

22 (4) Identification of trusted supplier entities 

23 from both inside and outside the United States that 

24 are capable of producing and supplying to private in25 dustry infrastructure and systems equipment supVerDate Sep 11 2014 01:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S893.RS S893

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1 porting 5th and future generations mobile tele2 communications systems and infrastructure. 

3 (5) Identification of where security gaps exist in 

4 the United States domestic or mutual defense treaty 

5 allies and strategic partners telecommunications 

6 equipment supply chain for 5th and future genera7 tions infrastructure and systems equipment. 

8 (6) Identification of incentives and policy op9 tions to help close or narrow such security gaps in 

10 the United States domestic industrial base, including 

11 research and development in critical technologies 

12 and workforce development in new generation tech13 nologies. 

14 (7) Identification of incentives and policy op15 tions for leveraging the telecommunications equip16 ment suppliers from mutual defense treaty allies, 

17 strategic partners, and other countries to ensure 

18 that private industry in the United States has ade19 quate sources for secure, effective, and reliable 5th 

20 and future generations mobile telecommunications 

21 systems and infrastructure equipment. 

22 (8) A strategy for diplomatic engagement with 

23 mutual defense treaty allies, strategic partners, and 

24 other countries to share security risk information 

25 and findings pertaining to 5th and future generaVerDate Sep 11 2014 01:34 Dec 20, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6401 E:\BILLS\S893.RS S893

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1 tions mobile telecommunications systems and infra2 structure equipment and cooperation on mitigating 

3 those risks. 

4 (9) A strategy for engagements with private 

5 sector telecommunications infrastructure and sys6 tems equipment developers to share information and 

7 findings on 5th and future generations mobile tele8 communication systems and infrastructure equip9 ment standards to secure platforms. 

10 (10) A strategy for diplomatic engagements 

11 with mutual defense treaty allies, strategic partners, 

12 and other countries to share information and find13 ings on 5th and future generations mobile tele14 communication systems and infrastructure equip15 ment standards and standards setting bodies to pro16 mote maximum interoperability, competitiveness, 

17 openness, and secure platforms. 

18 (11) A strategy for joint testing environments 

19 with mutual defense treaty allies, strategic partners, 

20 and other countries to ensure a trusted marketplace 

21 for 5th and future generations mobile telecommuni22 cation systems and infrastructure equipment. 

23 (12) A strategy for research and development 

24 by the Federal Government, in close partnership 

25 with trusted supplier entities, mutual defense treaty 


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1 allies, strategic partners, and other countries to 

2 reach and maintain United States leadership in 5th 

3 and future generations communications security, in4 cluding the development of an ongoing monitoring 

5 capability of 5th and future generations tele6 communications systems for security vulnerabilities. 

7 (13) Options for identifying and helping to 

8 mitigate the security risks of 5th and future genera9 tions telecommunications systems and infrastructure 

10 equipment with security flaws or vulnerabilities or 

11 equipment sourced from countries of concern that 

12 have already been put in place within mutual de13 fense treaty allies, strategic partners, and other 

14 countries, when in the security interests of the 

15 United States. 

16 (14) A description of the appropriate roles and 

17 missions of the Federal Communications Commis18 sion, the National Telecommunications and Informa19 tion Administration, the Department of Homeland 

20 Security, the intelligence community, the Depart21 ment of Justice, and the Department of Defense in 

22 executing the strategy. 

23 (15) Development of a plan that includes inter24 agency mechanisms for the National Telecommuni25 cations and Information Administration to act as the 


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1 executive agent to coordinate implementation of the 

2 strategy. 

3 (16) An identification of the key diplomatic, de4 velopment, intelligence, military, and economic re5 sources necessary to implement the strategy, includ6 ing specific budgetary requests. 

7 (17) A description of such legislative or admin8 istrative action as may be necessary to carry out the 

9 strategy. 

10 (e) LIMITATION.—The strategy required by sub11 section (b) shall not include a recommendation or a pro12 posal to Federalize 5th or future generations mobile tele13 communications systems or infrastructure. 

14 (f) BRIEFING.—Not later than 14 days after the date 

15 on which the strategy required by subsection (b) is com16 pleted, the President’s designee shall provide to the appro17 priate committees of Congress a briefing on the implemen18 tation of the strategy. 

19 (g) IMPLEMENTATION.—The National Telecommuni20 cations and Information Administration shall act as the 

21 executive agent to coordinate implementation of the strat22 egy, and keep congressional committees apprised of 

23 progress on implementation. 


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1 (h) FORM.—The strategy submitted under subsection 

2 (b) shall be submitted in unclassified form, but may in3 clude a classified annex. 

4 SECTION 1. SHORT TITLE. 

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

6 Act of 2019’’. 

7 SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERA8 TION WIRELESS COMMUNICATIONS SYSTEMS 

9 AND INFRASTRUCTURE. 

10 (a) APPROPRIATE COMMITTEES OF CONGRESS DE11 FINED.—In this section, the term ‘‘appropriate committees 

12 of Congress’’ means— 

13 (1) the Select Committee on Intelligence, the 

14 Committee on Commerce, Science, and Transpor15 tation, the Committee on Foreign Relations, the Com16 mittee on Armed Services, and the Committee on 

17 Homeland Security and Governmental Affairs of the 

18 Senate; and 

19 (2) the Permanent Select Committee on Intel20 ligence, the Committee on Energy and Commerce, the 

21 Committee on Foreign Affairs, the Committee on 

22 Armed Services, and the Committee on Homeland Se23 curity of the House of Representatives. 

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

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


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1 in consultation with the Chairman of the Federal Commu2 nications Commission, the Assistant Secretary of Commerce 

3 for Communications and Information, the Secretary of 

4 Homeland Security, the Director of National Intelligence, 

5 the Attorney General, and the Secretary of Defense, shall 

6 develop and submit to the appropriate committees of Con7 gress a strategy— 

8 (1) to ensure the security of 5th and future gen9 erations wireless communications systems and infra10 structure within the United States; 

11 (2) to provide technical assistance to mutual de12 fense treaty allies of the United States, strategic part13 ners of the United States, and other countries, when 

14 in the security interests of the United States, to maxi15 mize the security of 5th and future generations wire16 less communications systems and infrastructure in17 side their countries; and 

18 (3) to protect the competitiveness of United 

19 States companies, privacy of United States con20 sumers, and integrity and impartiality of standards21 setting bodies related to 5th and future generations 

22 wireless communications systems and infrastructure. 

23 (c) DESIGNATION.—The strategy developed under sub24 section (b) shall be known as the ‘‘Secure Next Generation 


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1 Wireless Communications Strategy’’ (referred to in this sec2 tion as the ‘‘Strategy’’). 

3 (d) ELEMENTS.—The Strategy shall represent a whole4 of-government approach and shall include the following: 

5 (1) A description of United States national and 

6 economic security interests pertaining to the deploy7 ment of 5th and future generations wireless commu8 nications systems and infrastructure. 

9 (2) An identification and assessment of potential 

10 security threats and vulnerabilities to the infrastruc11 ture, equipment, systems, software, and virtually de12 fined networks that support 5th and future genera13 tions wireless communications systems and infra14 structure. The assessment shall include a comprehen15 sive evaluation of the full range of threats to, and 

16 unique security challenges posed by, 5th and future 

17 generations wireless communications systems and in18 frastructure, as well as steps that public and private 

19 sector entities can take to mitigate those threats. 

20 (3) An identification and assessment of the glob21 al competitiveness and vulnerabilities of United 

22 States manufacturers and suppliers of 5th and future 

23 generations wireless communications equipment. 

24 (4) A list of available domestic suppliers of 5th 

25 and future generations wireless communications 


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1 equipment and other suppliers in countries that are 

2 mutual defense allies or strategic partners of the 

3 United States and a strategy to assess their ability to 

4 produce and supply 5th generation and future genera5 tions wireless communications systems and infra6 structure. 

7 (5) Identification of trusted supplier entities 

8 from both inside and outside the United States that 

9 are capable of producing and supplying to private in10 dustry infrastructure and systems equipment sup11 porting 5th and future generations wireless commu12 nications systems and infrastructure. 

13 (6) Identification of where security gaps exist in 

14 the United States domestic or mutual defense treaty 

15 allies and strategic partners communications equip16 ment supply chain for 5th and future generations 

17 wireless communications systems and infrastructure. 

18 (7) Identification of incentives and policy op19 tions to help close or narrow any security gaps iden20 tified under paragraph (6) in, and ensure the eco21 nomic viability of, the United States domestic indus22 trial base, including research and development in 

23 critical technologies and workforce development in 5th 

24 and future generations wireless communications sys25 tems and infrastructure. 


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1 (8) Identification of incentives and policy op2 tions for leveraging the communications equipment 

3 suppliers from mutual defense treaty allies, strategic 

4 partners, and other countries to ensure that private 

5 industry in the United States has adequate sources 

6 for secure, effective, and reliable 5th and future gen7 erations wireless communications systems and infra8 structure equipment. 

9 (9) A strategy for diplomatic engagement with 

10 mutual defense treaty allies, strategic partners, and 

11 other countries to share security risk information and 

12 findings pertaining to 5th and future generations 

13 wireless communications systems and infrastructure 

14 equipment and cooperation on mitigating those risks. 

15 (10) A strategy for engagement with private sec16 tor communications infrastructure and systems equip17 ment developers to share information and findings on 

18 5th and future generations wireless communications 

19 systems and infrastructure equipment standards to 

20 secure platforms. 

21 (11) A strategy for engagement with private sec22 tor communications infrastructure and systems equip23 ment developers to encourage the maximum partici24 pation possible on standards-setting bodies related to 

25 such systems and infrastructure equipment standards 


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1 by public and private sector entities from the United 

2 States. 

3 (12) A strategy for diplomatic engagement with 

4 mutual defense treaty allies, strategic partners, and 

5 other countries to share information and findings on 

6 5th and future generations wireless communications 

7 systems and infrastructure equipment standards to 

8 promote maximum interoperability, competitiveness, 

9 openness, and secure platforms. 

10 (13) A strategy for diplomatic engagement with 

11 mutual defense treaty allies, strategic partners, and 

12 other countries to share information and findings on 

13 5th and future generations wireless communications 

14 infrastructure and systems equipment concerning the 

15 standards-setting bodies related to such systems and 

16 infrastructure equipment to promote maximum trans17 parency, openness, impartiality, integrity, and neu18 trality. 

19 (14) A strategy for joint testing environments 

20 with mutual defense treaty allies, strategic partners, 

21 and other countries to ensure a trusted marketplace 

22 for 5th and future generations wireless communica23 tions systems and infrastructure equipment. 

24 (15) A strategy for research and development by 

25 the Federal Government, in close partnership with 


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1 trusted supplier entities, mutual defense treaty allies, 

2 strategic partners, and other countries to reach and 

3 maintain United States leadership in 5th and future 

4 generations wireless communications systems and in5 frastructure security, including the development of an 

6 ongoing monitoring capability of 5th and future gen7 erations wireless communications systems to identify 

8 security vulnerabilities. 

9 (16) Options for identifying and helping to miti10 gate the security risks of 5th and future generations 

11 wireless communications systems and infrastructure 

12 that have security flaws or vulnerabilities, or are uti13 lizing equipment sourced from countries of concern, 

14 and that have already been put in place within the 

15 systems and infrastructure of mutual defense treaty 

16 allies, strategic partners, and other countries, when in 

17 the security interests of the United States. 

18 (17) Development of a plan that includes a de19 scription of the roles and responsibilities of the appro20 priate executive branch agencies and interagency 

21 mechanisms for the Assistant Secretary of Commerce 

22 for Communications and Information to act as the 

23 executive agent to coordinate implementation of the 

24 Strategy, as provided in subsection (g). 


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1 (18) An identification of the key diplomatic, de2 velopment, intelligence, military, and economic re3 sources necessary to implement the Strategy, includ4 ing specific budgetary requests. 

5 (19) A description of such legislative or adminis6 trative action as may be necessary to carry out the 

7 Strategy. 

8 (e) LIMITATIONS.— 

9 (1) IN GENERAL.—The Strategy shall not include 

10 a recommendation or a proposal to nationalize 5th or 

11 future generations wireless communications systems 

12 or infrastructure. 

13 (2) FEDERAL AGENCY AUTHORITY.—Nothing in 

14 this section shall be construed to limit the authority 

15 or ability of a Federal agency to— 

16 (A) conduct cybersecurity incident, threat, 

17 or asset response and recovery activities; 

18 (B) obtain or execute warrants or other in19 vestigative or intelligence tools; or 

20 (C) provide assistance to a private entity 

21 upon request of the entity. 

22 (f) BRIEFING.— 

23 (1) IN GENERAL.—Not later than 14 days after 

24 the date on which the Strategy is completed, the As25 sistant Secretary of Commerce for Communications 


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1 and Information, and any other Federal officials des2 ignated by the President, shall provide to the appro3 priate committees of Congress a briefing on the imple4 mentation of the Strategy. 

5 (2) UNCLASSIFIED SETTING.—The briefing under 

6 paragraph (1) shall be held in an unclassified setting 

7 to the maximum extent possible. 

8 (g) IMPLEMENTATION.—The Assistant Secretary of 

9 Commerce for Communications and Information shall— 

10 (1) act as the executive agent to coordinate im11 plementation of the Strategy; and 

12 (2) keep congressional committees apprised of 

13 progress on implementation. 

14 (h) FORM.—The Strategy shall be submitted to the ap15 propriate committees of Congress in unclassified form, but 

16 may include a classified annex. 


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Calendar No. 395 

116TH CONGRESS 

1ST SESSION S. 893 

[Report No. 116–184] 

A BILL 

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 

DECEMBER 19, 2019 

Reported with an amendment 


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