II 

Calendar No. 403 

116TH CONGRESS 

2D SESSION H. R. 2881 

IN THE SENATE OF THE UNITED STATES 

JANUARY 9, 2020 

Received; read twice and placed on the calendar 

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. 

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’’. 


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1 SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GEN2 ERATION WIRELESS COMMUNICATIONS SYS3 TEMS AND INFRASTRUCTURE. 

4 (a) APPROPRIATE COMMITTEES OF CONGRESS DE5 FINED.—In this Act, the term ‘‘appropriate committees of 

6 Congress’’ means— 

7 (1) the Select Committee on Intelligence, the 

8 Committee on Commerce, Science, and Transpor9 tation, the Committee on Foreign Relations, the 

10 Committee on Armed Services, and the Committee 

11 on Homeland Security and Governmental Affairs of 

12 the Senate; and 

13 (2) the Permanent Select Committee on Intel14 ligence, the Committee on Energy and Commerce, 

15 the Committee on Foreign Affairs, the Committee 

16 on Armed Services, and the Committee on Home17 land Security of the House of Representatives. 

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

19 after the date of enactment of this Act, the President, in 

20 consultation with the Chairman of the Federal Commu21 nications Commission, the Secretary of Commerce, the As22 sistant Secretary of Commerce for Communications and 

23 Information, the Secretary of Homeland Security, the Di24 rector of National Intelligence, the Attorney General, the 

25 Secretary of State, the Secretary of Energy, and the Sec26 retary of Defense, and consistent with the protection of 


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1 national security information, shall develop and submit to 

2 the appropriate committees of Congress a strategy— 

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

4 generations wireless communications systems and in5 frastructure within the United States; 

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

7 United States, strategic partners of the United 

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

9 strategic interests of the United States, in maxi10 mizing the security of 5th and future generations 

11 wireless communications systems and infrastructure 

12 inside their countries; and 

13 (3) to protect the competitiveness of United 

14 States companies, privacy of United States con15 sumers, and integrity and impartiality of standards16 setting bodies and processes related to 5th and fu17 ture generations wireless communications systems 

18 and infrastructure. 

19 (c) DESIGNATION.—The strategy developed under 

20 subsection (b) shall be known as the ‘‘National Strategy 

21 to Secure 5G and Next Generation Wireless Communica22 tions’’ (referred to in this Act as the ‘‘Strategy’’). 

23 (d) ELEMENTS.—The Strategy shall represent a 

24 whole-of-government approach and shall include the fol25 lowing: 


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1 (1) A description of efforts to facilitate domes2 tic 5th and future generations wireless communica3 tions rollout. 

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

5 to and identify core security principles of 5th and 

6 future generations wireless communications infra7 structure. 

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

9 United States and national security during develop10 ment and deployment of 5th and future generations 

11 wireless communications infrastructure worldwide. 

12 (4) A description of efforts to promote respon13 sible global development and deployment of 5th and 

14 future generations wireless communications, includ15 ing through robust international engagement, leader16 ship in the development of international standards, 

17 and incentivizing market competitiveness of secure 

18 5th and future generation wireless communications 

19 infrastructure options. 

20 (e) PUBLIC CONSULTATION.—In developing the 

21 Strategy, the President shall consult with relevant groups 

22 that represent consumers or the public interest, private 

23 sector communications providers, and communications in24 frastructure and systems equipment developers. 


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1 SEC. 3. STRATEGY IMPLEMENTATION PLAN. 

2 Not later than 180 days after the date of the enact3 ment of this Act, the President shall develop an implemen4 tation plan for the Strategy (referred to in this Act as 

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

6 at a minimum, the following: 

7 (1) A description of United States national and 

8 economic security interests pertaining to the deploy9 ment of 5th and future generations wireless commu10 nications systems and infrastructure. 

11 (2) An identification and assessment of poten12 tial security threats and vulnerabilities to the infra13 structure, equipment, systems, software, and 

14 virtualized networks that support 5th and future 

15 generations wireless communications systems, infra16 structure, and enabling technologies. The assessment 

17 shall, as practicable, include a comprehensive evalua18 tion of the full range of threats to, and unique secu19 rity challenges posed by, 5th and future generations 

20 wireless communications systems and infrastructure, 

21 as well as steps that public and private sector enti22 ties can take to mitigate those threats. 

23 (3) An evaluation of available domestic sup24 pliers of 5th and future generations wireless commu25 nications equipment and other suppliers in countries 

26 that are mutual defense allies or strategic partners 


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1 of the United States and a strategy to assess their 

2 ability to produce and supply 5th generation and fu3 ture generations wireless communications systems 

4 and infrastructure. 

5 (4) Identification of where security gaps exist in 

6 the United States domestic or mutual defense treaty 

7 allies and strategic partners communications equip8 ment supply chain for 5th and future generations 

9 wireless communications systems and infrastructure. 

10 (5) Identification of incentives and policy op11 tions to help close or narrow any security gaps iden12 tified under paragraph (4) in the United States do13 mestic industrial base, including research and devel14 opment in critical technologies and workforce devel15 opment in 5th and future generations wireless com16 munications systems and infrastructure. 

17 (6) Identification of incentives and policy op18 tions for leveraging the communications equipment 

19 suppliers from mutual defense treaty allies, strategic 

20 partners, and other countries to ensure that private 

21 industry in the United States has adequate sources 

22 for secure, effective, and reliable 5th and future gen23 erations wireless communications systems and infra24 structure equipment. 


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1 (7) A plan for diplomatic engagement with mu2 tual defense treaty allies, strategic partners, and 

3 other countries to share security risk information 

4 and findings pertaining to 5th and future genera5 tions wireless communications systems and infra6 structure equipment and cooperation on mitigating 

7 those risks. 

8 (8) A plan for engagement with private sector 

9 communications infrastructure and systems equip10 ment developers and critical infrastructure owners 

11 and operators who have a critical dependency on 

12 communications infrastructure to share information 

13 and findings on 5th and future generations wireless 

14 communications systems and infrastructure equip15 ment standards to secure platforms. 

16 (9) A plan for engagement with private sector 

17 communications infrastructure and systems equip18 ment developers to encourage the maximum partici19 pation possible on standards-setting bodies related to 

20 such systems and infrastructure equipment stand21 ards by public and private sector entities from the 

22 United States. 

23 (10) A plan for diplomatic engagement with 

24 mutual defense treaty allies, strategic partners, and 

25 other countries to share information and findings on 


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1 5th and future generations wireless communications 

2 systems and infrastructure equipment standards to 

3 promote maximum interoperability, competitiveness, 

4 openness, and secure platforms. 

5 (11) A plan for diplomatic engagement with 

6 mutual defense treaty allies, strategic partners, and 

7 other countries to share information and findings on 

8 5th and future generations wireless communications 

9 infrastructure and systems equipment concerning 

10 the standards-setting bodies related to such systems 

11 and infrastructure equipment to promote maximum 

12 transparency, openness, impartiality, integrity, and 

13 neutrality. 

14 (12) A plan for joint testing environments with 

15 mutual defense treaty allies, strategic partners, and 

16 other countries to ensure a trusted marketplace for 

17 5th and future generations wireless communications 

18 systems and infrastructure equipment. 

19 (13) A plan for research and development by 

20 the Federal Government, in close partnership with 

21 trusted supplier entities, mutual defense treaty al22 lies, strategic partners, and other countries to reach 

23 and maintain United States leadership in 5th and 

24 future generations wireless communications systems 

25 and infrastructure security, including the developVerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881

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1 ment of an ongoing capability to identify security 

2 vulnerabilities in 5th and future generations wireless 

3 communications systems. 

4 (14) Options for identifying and helping to 

5 mitigate the security risks of 5th and future genera6 tions wireless communications systems and infra7 structure that have security flaws or vulnerabilities, 

8 or are utilizing equipment sourced from countries of 

9 concern, and that have already been put in place 

10 within the systems and infrastructure of mutual de11 fense treaty allies, strategic partners, and other 

12 countries, when in the security interests of the 

13 United States. 

14 (15) A description of the roles and responsibil15 ities of the appropriate executive branch agencies 

16 and interagency mechanisms to coordinate imple17 mentation of the Strategy, as provided in section 

18 4(d). 

19 (16) An identification of the key diplomatic, de20 velopment, intelligence, military, and economic re21 sources necessary to implement the Strategy, includ22 ing specific budgetary requests. 

23 (17) As necessary, a description of such legisla24 tive or administrative action needed to carry out the 

25 Strategy. 


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1 SEC. 4. LIMITATIONS AND BRIEFINGS. 

2 (a) LIMITATIONS.— 

3 (1) IN GENERAL.—The Strategy and the Strat4 egy implementation plan shall not include a rec5 ommendation or a proposal to nationalize 5th or fu6 ture generations wireless communications systems or 

7 infrastructure. 

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

9 Act shall be construed to limit the authority or abil10 ity of any executive branch agency. 

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

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

13 public comment regarding the development and implemen14 tation of the Strategy implementation plan. 

15 (c) BRIEFING.— 

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

17 the date on which the Strategy implementation plan 

18 is completed, the President shall direct appropriate 

19 representatives from the executive branch agencies 

20 involved in the formulation of the Strategy and 

21 Strategy implementation plan to provide the appro22 priate committees of Congress a briefing on the im23 plementation of the Strategy. 

24 (2) UNCLASSIFIED SETTING.—The briefing 

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

26 setting to the maximum extent possible. 


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1 (d) IMPLEMENTATION.—The National Telecommuni2 cations and Information Administration shall, in coordina3 tion with other relevant executive branch agencies— 

4 (1) implement the Strategy; 

5 (2) keep congressional committees apprised of 

6 progress on implementation; and 

7 (3) not implement any proposal or rec8 ommendation involving spectrum licensed by the 

9 Commission unless the implementation of such pro10 posal or recommendation is first approved by the 

11 Commission. 

12 (e) FORM.—The Strategy and Strategy implementa13 tion plan shall be submitted to the appropriate committees 

14 of Congress in unclassified form, but may include a classi15 fied annex. 

Passed the House of Representatives January 8, 

2020. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 403 

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 

JANUARY 9, 2020 

Received; read twice and placed on the calendar 


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