116TH CONGRESS 

2D SESSION H. R. 2881 

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 

•HR 2881 EH

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. STRATEGY TO ENSURE SECURITY OF NEXT GEN7 ERATION WIRELESS COMMUNICATIONS SYS8 TEMS AND INFRASTRUCTURE. 

9 (a) APPROPRIATE COMMITTEES OF CONGRESS DE10 FINED.—In this Act, the term ‘‘appropriate committees of 

11 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 enactment of this Act, the President, in 

25 consultation with the Chairman of the Federal Commu-
3 

•HR 2881 EH

1 nications Commission, the Secretary of Commerce, the As2 sistant Secretary of Commerce for Communications and 

3 Information, the Secretary of Homeland Security, the Di4 rector of National Intelligence, the Attorney General, the 

5 Secretary of State, the Secretary of Energy, and the Sec6 retary of Defense, and consistent with the protection of 

7 national security information, shall develop and submit to 

8 the appropriate committees of Congress a strategy— 

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

10 generations wireless communications systems and in11 frastructure within the United States; 

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

13 United States, strategic partners of the United 

14 States, and other countries, when in the security and 

15 strategic interests of the United States, in maxi16 mizing the security of 5th and future generations 

17 wireless communications systems and infrastructure 

18 inside their countries; and 

19 (3) to protect the competitiveness of United 

20 States companies, privacy of United States con21 sumers, and integrity and impartiality of standards22 setting bodies and processes related to 5th and fu23 ture generations wireless communications systems 

24 and infrastructure. 
4 

•HR 2881 EH

1 (c) DESIGNATION.—The strategy developed under 

2 subsection (b) 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 (d) 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 United States and national security during develop17 ment and deployment of 5th and future generations 

18 wireless communications infrastructure worldwide. 

19 (4) A description of efforts to promote respon20 sible global development and deployment of 5th and 

21 future generations wireless communications, includ22 ing through robust international engagement, leader23 ship in the development of international standards, 

24 and incentivizing market competitiveness of secure 
5 

•HR 2881 EH

1 5th and future generation wireless communications 

2 infrastructure options. 

3 (e) 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. 3. STRATEGY IMPLEMENTATION PLAN. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the President shall develop an implemen11 tation plan for the Strategy (referred to in this Act as 

12 the ‘‘Strategy implementation plan’’), which shall include, 

13 at a minimum, the following: 

14 (1) A description of United States national and 

15 economic security interests pertaining to the deploy16 ment of 5th and future generations wireless commu17 nications systems and infrastructure. 

18 (2) An identification and assessment of poten19 tial security threats and vulnerabilities to the infra20 structure, equipment, systems, software, and 

21 virtualized networks that support 5th and future 

22 generations wireless communications systems, infra23 structure, and enabling technologies. The assessment 

24 shall, as practicable, include a comprehensive evalua25 tion of the full range of threats to, and unique secu-
6 

•HR 2881 EH

1 rity challenges posed by, 5th and future generations 

2 wireless communications systems and infrastructure, 

3 as well as steps that public and private sector enti4 ties can take to mitigate those threats. 

5 (3) An evaluation of available domestic sup6 pliers of 5th and future generations wireless commu7 nications equipment and other suppliers in countries 

8 that are mutual defense allies or strategic partners 

9 of the United States and a strategy to assess their 

10 ability to produce and supply 5th generation and fu11 ture generations wireless communications systems 

12 and infrastructure. 

13 (4) 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 (5) Identification of incentives and policy op19 tions to help close or narrow any security gaps iden20 tified under paragraph (4) in the United States do21 mestic industrial base, including research and devel22 opment in critical technologies and workforce devel23 opment in 5th and future generations wireless com24 munications systems and infrastructure. 
7 

•HR 2881 EH

1 (6) 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 (7) A plan for diplomatic engagement with mu10 tual defense treaty allies, strategic partners, and 

11 other countries to share security risk information 

12 and findings pertaining to 5th and future genera13 tions wireless communications systems and infra14 structure equipment and cooperation on mitigating 

15 those risks. 

16 (8) A plan for engagement with private sector 

17 communications infrastructure and systems equip18 ment developers and critical infrastructure owners 

19 and operators who have a critical dependency on 

20 communications infrastructure to share information 

21 and findings on 5th and future generations wireless 

22 communications systems and infrastructure equip23 ment standards to secure platforms. 

24 (9) A plan for engagement with private sector 

25 communications infrastructure and systems equip-
8 

•HR 2881 EH

1 ment developers to encourage the maximum partici2 pation possible on standards-setting bodies related to 

3 such systems and infrastructure equipment stand4 ards by public and private sector entities from the 

5 United States. 

6 (10) A plan for diplomatic engagement with 

7 mutual defense treaty allies, strategic partners, and 

8 other countries to share information and findings on 

9 5th and future generations wireless communications 

10 systems and infrastructure equipment standards to 

11 promote maximum interoperability, competitiveness, 

12 openness, and secure platforms. 

13 (11) A plan for diplomatic engagement with 

14 mutual defense treaty allies, strategic partners, and 

15 other countries to share information and findings on 

16 5th and future generations wireless communications 

17 infrastructure and systems equipment concerning 

18 the standards-setting bodies related to such systems 

19 and infrastructure equipment to promote maximum 

20 transparency, openness, impartiality, integrity, and 

21 neutrality. 

22 (12) A plan for joint testing environments with 

23 mutual defense treaty allies, strategic partners, and 

24 other countries to ensure a trusted marketplace for 
9 

•HR 2881 EH

1 5th and future generations wireless communications 

2 systems and infrastructure equipment. 

3 (13) A plan for research and development by 

4 the Federal Government, in close partnership with 

5 trusted supplier entities, mutual defense treaty al6 lies, strategic partners, and other countries to reach 

7 and maintain United States leadership in 5th and 

8 future generations wireless communications systems 

9 and infrastructure security, including the develop10 ment of an ongoing capability to identify security 

11 vulnerabilities in 5th and future generations wireless 

12 communications systems. 

13 (14) Options for identifying and helping to 

14 mitigate the security risks of 5th and future genera15 tions wireless communications systems and infra16 structure that have security flaws or vulnerabilities, 

17 or are utilizing equipment sourced from countries of 

18 concern, and that have already been put in place 

19 within the systems and infrastructure of mutual de20 fense treaty allies, strategic partners, and other 

21 countries, when in the security interests of the 

22 United States. 

23 (15) A description of the roles and responsibil24 ities of the appropriate executive branch agencies 

25 and interagency mechanisms to coordinate imple-
10 

•HR 2881 EH

1 mentation of the Strategy, as provided in section 

2 4(d). 

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) As necessary, a description of such legisla8 tive or administrative action needed to carry out the 

9 Strategy. 

10 SEC. 4. LIMITATIONS AND BRIEFINGS. 

11 (a) LIMITATIONS.— 

12 (1) IN GENERAL.—The Strategy and the Strat13 egy implementation plan shall not include a rec14 ommendation or a proposal to nationalize 5th or fu15 ture generations wireless communications systems or 

16 infrastructure. 

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

18 Act shall be construed to limit the authority or abil19 ity of any executive branch agency. 

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

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

22 public comment regarding the development and implemen23 tation of the Strategy implementation plan. 

24 (c) BRIEFING.— 
11 

•HR 2881 EH

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

2 the date on which the Strategy implementation plan 

3 is completed, the President shall direct appropriate 

4 representatives from the executive branch agencies 

5 involved in the formulation of the Strategy and 

6 Strategy implementation plan to provide the appro7 priate committees of Congress a briefing on the im8 plementation of the Strategy. 

9 (2) UNCLASSIFIED SETTING.—The briefing 

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

11 setting to the maximum extent possible. 

12 (d) IMPLEMENTATION.—The National Telecommuni13 cations and Information Administration shall, in coordina14 tion with other relevant executive branch agencies— 

15 (1) implement the Strategy; 

16 (2) keep congressional committees apprised of 

17 progress on implementation; and 

18 (3) not implement any proposal or rec19 ommendation involving spectrum licensed by the 

20 Commission unless the implementation of such pro21 posal or recommendation is first approved by the 

22 Commission. 

23 (e) FORM.—The Strategy and Strategy implementa24 tion plan shall be submitted to the appropriate committees 
12 

•HR 2881 EH

1 of Congress in unclassified form, but may include a classi2 fied annex. 

Passed the House of Representatives January 8, 

2020. 

Attest: 

Clerk. 

116TH CONGRESS 

2D SESSION H. R. 2881 

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