IB 

Union Calendar No. 292 

116TH CONGRESS 

2D SESSION H. R. 2881 

[Report No. 116–369, Part I] 

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 HOUSE OF REPRESENTATIVES 

MAY 21, 2019 

Ms. SPANBERGER (for herself, Ms. STEFANIK, Ms. SLOTKIN, Mr. ROONEY of 

Florida, Mr. O’HALLERAN, and Mrs. BROOKS of Indiana) introduced the 

following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Foreign Affairs, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

JANUARY 7, 2020 

Additional sponsors: Mr. TED LIEU of California, Mr. FITZPATRICK, Ms. 

SHERRILL, Mr. MITCHELL, Mr. GONZALEZ of Ohio, Ms. HOULAHAN, Mr. 

SHERMAN, Mr. CICILLINE, Mr. ALLRED, Mr. MCCAUL, Mr. WITTMAN, 

Mr. MOULTON, Ms. BLUNT ROCHESTER, Mr. CASE, Mr. CA ́RDENAS, Mr. 

ROSE of New York, Mr. HARDER of California, Mr. AMODEI, Mr. COSTA, 

Mr. HURD of Texas, Ms. WEXTON, and Mr. TAYLOR

JANUARY 7, 2020 

Reported from the Committee on Energy and Commerce with amendments 

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


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JANUARY 7, 2020 

Committee on Foreign Affairs discharged; committed to the Committee of the 

Whole House on the State of the Union and ordered to be printed 

[For text of introduced bill, see copy of bill as introduced on May 21, 2019] 

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 telecommunications systems, infrastructure, and software, and for 

other purposes. 


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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 GENERA7 TION WIRELESS COMMUNICATIONS SYSTEMS 

8 AND INFRASTRUCTURE. 

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

11 of Congress’’ means— 

12 (1) the Permanent Select Committee on Intel13 ligence, the Committee on Energy and Commerce, the 

14 Committee on Foreign Affairs, the Committee on 

15 Armed Services, and the Committee on Homeland Se16 curity of the House of Representatives; and 

17 (2) the Select Committee on Intelligence, the 

18 Committee on Commerce, Science, and Transpor19 tation, the Committee on Foreign Relations, the Com20 mittee on Armed Services, and the Committee on 

21 Homeland Security and Governmental Affairs of the 

22 Senate. 

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

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

25 in consultation with the Chairman of the Federal CommuVerDate Sep 11 2014 00:28 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2881.RH H2881

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1 nications Commission, the Assistant Secretary of Commerce 

2 for Communications and Information, the Secretary of 

3 Homeland Security, the Director of National Intelligence, 

4 the Attorney General, the Secretary of Defense, and the Sec5 retary of State, shall develop and submit to the appropriate 

6 committees of Congress a strategy— 

7 (1) to ensure the security of 5th and future gen8 erations wireless communications systems and infra9 structure within the United States; 

10 (2) to provide technical assistance to mutual de11 fense treaty allies of the United States, strategic part12 ners of the United States, and other countries, when 

13 in the security interests of the United States, to maxi14 mize the security of 5th and future generations wire15 less communications systems and infrastructure in16 side their countries; and 

17 (3) to protect the competitiveness of United 

18 States companies, privacy of United States con19 sumers, and integrity and impartiality of standards20 setting bodies related to 5th and future generations 

21 wireless communications systems and infrastructure. 

22 (c) DESIGNATION.—The strategy developed under sub23 section (b) shall be known as the ‘‘Secure Next Generation 

24 Wireless Communications Strategy’’ (referred to in this sec25 tion as the ‘‘Strategy’’). 


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1 (d) ELEMENTS.—The Strategy shall represent a whole2 of-government approach and shall include the following: 

3 (1) A description of United States national and 

4 economic security interests pertaining to the deploy5 ment of 5th and future generations wireless commu6 nications systems and infrastructure. 

7 (2) An identification and assessment of potential 

8 security threats and vulnerabilities to the infrastruc9 ture, equipment, systems, software, and virtually de10 fined networks that support 5th and future genera11 tions wireless communications systems and infra12 structure. The assessment shall include a comprehen13 sive evaluation of the full range of threats to, and 

14 unique security challenges posed by, 5th and future 

15 generations wireless communications systems and in16 frastructure, as well as steps that public and private 

17 sector entities can take to mitigate such threats. 

18 (3) An identification and assessment of the glob19 al competitiveness and vulnerabilities of United 

20 States manufacturers and suppliers of 5th and future 

21 generations wireless communications equipment. 

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

23 and future generations wireless communications 

24 equipment and other suppliers in countries that are 

25 mutual defense allies or strategic partners of the 


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1 United States and a strategy to assess their ability to 

2 produce and supply 5th generation and future genera3 tions wireless communications systems and infra4 structure. 

5 (5) Identification of trusted supplier entities 

6 from both inside and outside the United States that 

7 are capable of producing and supplying to private in8 dustry infrastructure and systems equipment sup9 porting 5th and future generations wireless commu10 nications systems and infrastructure. 

11 (6) Identification of where security gaps exist in 

12 the United States domestic or mutual defense treaty 

13 allies and strategic partners communications equip14 ment supply chain for 5th and future generations 

15 wireless communications systems and infrastructure. 

16 (7) Identification of incentives and policy op17 tions to help close or narrow any security gaps iden18 tified under paragraph (6) in, and ensure the eco19 nomic viability of, the United States domestic indus20 trial base, including research and development in 

21 critical technologies and workforce development in 5th 

22 and future generations wireless communications sys23 tems and infrastructure. 

24 (8) Identification of incentives and policy op25 tions for leveraging the communications equipment 


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1 suppliers from mutual defense treaty allies, strategic 

2 partners, and other countries to ensure that private 

3 industry in the United States has adequate sources 

4 for secure, effective, and reliable 5th and future gen5 erations wireless communications systems and infra6 structure equipment. 

7 (9) A strategy for diplomatic engagement with 

8 mutual defense treaty allies, strategic partners, and 

9 other countries to share security risk information and 

10 findings pertaining to 5th and future generations 

11 wireless communications systems and infrastructure 

12 equipment and cooperation on mitigating those risks. 

13 (10) A strategy for engagement with private sec14 tor communications infrastructure and systems equip15 ment developers to share information and findings on 

16 5th and future generations wireless communications 

17 systems and infrastructure equipment standards to 

18 secure platforms. 

19 (11) A strategy for engagement with private sec20 tor communications infrastructure and systems equip21 ment developers to encourage the maximum partici22 pation possible on standards-setting bodies related to 

23 such systems and infrastructure equipment standards 

24 by public and private sector entities from the United 

25 States. 


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1 (12) A strategy for diplomatic engagement with 

2 mutual defense treaty allies, strategic partners, and 

3 other countries to share information and findings on 

4 5th and future generations wireless communications 

5 systems and infrastructure equipment standards to 

6 promote maximum interoperability, competitiveness, 

7 openness, and secure platforms. 

8 (13) A strategy for diplomatic engagement with 

9 mutual defense treaty allies, strategic partners, and 

10 other countries to share information and findings on 

11 5th and future generations wireless communications 

12 infrastructure and systems equipment concerning the 

13 standards-setting bodies related to such systems and 

14 infrastructure equipment to promote maximum trans15 parency, openness, impartiality, integrity and neu16 trality. 

17 (14) A strategy for joint testing environments 

18 with mutual defense treaty allies, strategic partners, 

19 and other countries to ensure a trusted marketplace 

20 for 5th and future generations wireless communica21 tions systems and infrastructure equipment. 

22 (15) A strategy for research and development by 

23 the Federal Government, in close partnership with 

24 trusted supplier entities, mutual defense treaty allies, 

25 strategic partners, and other countries to reach and 


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1 maintain United States leadership in 5th and future 

2 generations wireless communications systems and in3 frastructure security, including the development of an 

4 ongoing monitoring capability of 5th and future gen5 erations wireless communications systems to identify 

6 security vulnerabilities. 

7 (16) Options for identifying and helping to miti8 gate the security risks of 5th and future generations 

9 wireless communications systems and infrastructure 

10 that have security flaws or vulnerabilities, or are uti11 lizing equipment sourced from countries of concern, 

12 and that have already been put in place within the 

13 systems and infrastructure of mutual defense treaty 

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

15 the security interests of the United States. 

16 (17) Development of a plan that includes a de17 scription of the roles and responsibilities of the appro18 priate executive branch agencies and interagency 

19 mechanisms for the Assistant Secretary of Commerce 

20 for Communications and Information to act as the 

21 executive agent to coordinate implementation of the 

22 Strategy, as provided in subsection (h). 

23 (18) An identification of the key diplomatic, de24 velopment, intelligence, military, and economic reVerDate Sep 11 2014 00:28 Jan 08, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2881.RH H2881

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1 sources necessary to implement the Strategy, includ2 ing specific budgetary requests. 

3 (19) A description of such legislative or adminis4 trative action as may be necessary to carry out the 

5 Strategy. 

6 (e) LIMITATION.— 

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

8 a recommendation or a proposal to nationalize 5th or 

9 future generations wireless communications systems 

10 or infrastructure. 

11 (2) FEDERAL AGENCY AUTHORITY.—Nothing in 

12 this section shall be construed to limit the authority 

13 or ability of a Federal agency to— 

14 (A) conduct cybersecurity incident, threat, 

15 or asset response and recovery activities; 

16 (B) obtain or execute warrants or other in17 vestigative or intelligence tools; or 

18 (C) provide assistance to a private entity 

19 upon request of the entity. 

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

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

22 seek public comment regarding the development and imple23 mentation of the Strategy. 

24 (g) BRIEFING.— 


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

2 the date on which the Strategy is completed, the As3 sistant Secretary of Commerce for Communications 

4 and Information, and any other Federal officials des5 ignated by the President, shall provide to the appro6 priate committees of Congress a briefing on the imple7 mentation of the Strategy. 

8 (2) UNCLASSIFIED SETTING.—The briefing under 

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

10 to the maximum extent possible. 

11 (h) IMPLEMENTATION.—The Assistant Secretary of 

12 Commerce for Communications and Information shall— 

13 (1) act as the executive agent to coordinate im14 plementation of the Strategy; 

15 (2) keep congressional committees apprised of 

16 progress on implementation; and 

17 (3) not implement any proposal or recommenda18 tion involving spectrum licensed by the Commission 

19 unless the implementation of such proposal or rec20 ommendation is first approved by the Commission. 

21 (i) FORM.—The Strategy shall be submitted to the ap22 propriate committees of Congress in unclassified form, but 

23 may include a classified annex. 


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Amend the title so as to read: ‘‘A bill to require the 

President to develop a strategy to ensure the security of 

next generation wireless communications systems and infrastructure in the United States and to assist allies and 

strategic partners in maximizing the security of next generation wireless communications systems, infrastructure, 

and software, and for other purposes.’’. 


pamtmann on DSKBC07HB2PROD with BILLS

pamtmann on DSKBC07HB2PROD with BILLS
Union Calendar No. 292 

116TH CONGRESS 

2D SESSION H. R. 2881 

[Report No. 116–369, Part I] 

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 

JANUARY 7, 2020 

Reported from the Committee on Energy and Commerce 

J

with amendments 

ANUARY 7, 2020 

Committee on Foreign Affairs discharged; committed to 

Union and ordered to be printed the Committee of the Whole House on the State of the 


pamtmann on DSKBC07HB2PROD with BILLS