Secure 5G and Beyond Act of 2020
PL 116-129 (S.893), enacted 03/23/2020

[116th Congress Public Law 129]
[From the U.S. Government Publishing Office]



[[Page 134 STAT. 223]]

Public Law 116-129
116th Congress

                                 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. <<NOTE: Mar. 23, 2020 -  [S. 893]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Secure 5G and 
Beyond Act of 2020. 47 USC 901 note.>> 
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. <<NOTE: Deadline. Consultation.>> --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.

     <<NOTE: Deadline.>> 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) <<NOTE: Assessment. Evaluation.>>  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) <<NOTE: Assessment.>>  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) <<NOTE: Evaluation. Assessment.>>  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 standards-
        setting 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

[[Page 134 STAT. 226]]

        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.-- <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>>  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.

    Approved March 23, 2020.

LEGISLATIVE HISTORY--S. 893:
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SENATE REPORTS: No. 116-184 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 166 (2020):
            Mar. 4, considered and passed Senate.
            Mar. 11, considered and passed House.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
            Mar. 23, Presidential statement.

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