Secure 5G and Beyond Act of 2020

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 telecommuni- cations systems and infrastructure in the United States and to assist allies and strategic partners in maximizing the security of next generation mobile telecommuni- cations systems, infrastructure, and software, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Secure 5G and Beyond 4 Act of 2020’’. 5 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 2 HR 2881 PCS SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GEN- 1 ERATION WIRELESS COMMUNICATIONS SYS- 2 TEMS AND INFRASTRUCTURE. 3 (a) APPROPRIATE COMMITTEES OF CONGRESS DE- 4 FINED.—In this Act, the term ‘‘appropriate committees of 5 Congress’’ means— 6 (1) the Select Committee on Intelligence, the 7 Committee on Commerce, Science, and Transpor- 8 tation, the Committee on Foreign Relations, the 9 Committee on Armed Services, and the Committee 10 on Homeland Security and Governmental Affairs of 11 the Senate; and 12 (2) the Permanent Select Committee on Intel- 13 ligence, the Committee on Energy and Commerce, 14 the Committee on Foreign Affairs, the Committee 15 on Armed Services, and the Committee on Home- 16 land Security of the House of Representatives. 17 (b) STRATEGY REQUIRED.—Not later than 180 days 18 after the date of enactment of this Act, the President, in 19 consultation with the Chairman of the Federal Commu- 20 nications Commission, the Secretary of Commerce, the As- 21 sistant Secretary of Commerce for Communications and 22 Information, the Secretary of Homeland Security, the Di- 23 rector of National Intelligence, the Attorney General, the 24 Secretary of State, the Secretary of Energy, and the Sec- 25 retary of Defense, and consistent with the protection of 26 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 3 HR 2881 PCS national security information, shall develop and submit to 1 the appropriate committees of Congress a strategy— 2 (1) to ensure the security of 5th and future 3 generations wireless communications systems and in- 4 frastructure within the United States; 5 (2) to assist mutual defense treaty allies of the 6 United States, strategic partners of the United 7 States, and other countries, when in the security and 8 strategic interests of the United States, in maxi- 9 mizing the security of 5th and future generations 10 wireless communications systems and infrastructure 11 inside their countries; and 12 (3) to protect the competitiveness of United 13 States companies, privacy of United States con- 14 sumers, and integrity and impartiality of standards- 15 setting bodies and processes related to 5th and fu- 16 ture generations wireless communications systems 17 and infrastructure. 18 (c) DESIGNATION.—The strategy developed under 19 subsection (b) shall be known as the ‘‘National Strategy 20 to Secure 5G and Next Generation Wireless Communica- 21 tions’’ (referred to in this Act as the ‘‘Strategy’’). 22 (d) ELEMENTS.—The Strategy shall represent a 23 whole-of-government approach and shall include the fol- 24 lowing: 25 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 4 HR 2881 PCS (1) A description of efforts to facilitate domes- 1 tic 5th and future generations wireless communica- 2 tions rollout. 3 (2) A description of efforts to assess the risks 4 to and identify core security principles of 5th and 5 future generations wireless communications infra- 6 structure. 7 (3) A description of efforts to address risks to 8 United States and national security during develop- 9 ment and deployment of 5th and future generations 10 wireless communications infrastructure worldwide. 11 (4) A description of efforts to promote respon- 12 sible global development and deployment of 5th and 13 future generations wireless communications, includ- 14 ing through robust international engagement, leader- 15 ship in the development of international standards, 16 and incentivizing market competitiveness of secure 17 5th and future generation wireless communications 18 infrastructure options. 19 (e) PUBLIC CONSULTATION.—In developing the 20 Strategy, the President shall consult with relevant groups 21 that represent consumers or the public interest, private 22 sector communications providers, and communications in- 23 frastructure and systems equipment developers. 24 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 5 HR 2881 PCS SEC. 3. STRATEGY IMPLEMENTATION PLAN. 1 Not later than 180 days after the date of the enact- 2 ment of this Act, the President shall develop an implemen- 3 tation plan for the Strategy (referred to in this Act as 4 the ‘‘Strategy implementation plan’’), which shall include, 5 at a minimum, the following: 6 (1) A description of United States national and 7 economic security interests pertaining to the deploy- 8 ment of 5th and future generations wireless commu- 9 nications systems and infrastructure. 10 (2) An identification and assessment of poten- 11 tial security threats and vulnerabilities to the infra- 12 structure, equipment, systems, software, and 13 virtualized networks that support 5th and future 14 generations wireless communications systems, infra- 15 structure, and enabling technologies. The assessment 16 shall, as practicable, include a comprehensive evalua- 17 tion of the full range of threats to, and unique secu- 18 rity challenges posed by, 5th and future generations 19 wireless communications systems and infrastructure, 20 as well as steps that public and private sector enti- 21 ties can take to mitigate those threats. 22 (3) An evaluation of available domestic sup- 23 pliers of 5th and future generations wireless commu- 24 nications equipment and other suppliers in countries 25 that are mutual defense allies or strategic partners 26 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 6 HR 2881 PCS of the United States and a strategy to assess their 1 ability to produce and supply 5th generation and fu- 2 ture generations wireless communications systems 3 and infrastructure. 4 (4) Identification of where security gaps exist in 5 the United States domestic or mutual defense treaty 6 allies and strategic partners communications equip- 7 ment supply chain for 5th and future generations 8 wireless communications systems and infrastructure. 9 (5) Identification of incentives and policy op- 10 tions to help close or narrow any security gaps iden- 11 tified under paragraph (4) in the United States do- 12 mestic industrial base, including research and devel- 13 opment in critical technologies and workforce devel- 14 opment in 5th and future generations wireless com- 15 munications systems and infrastructure. 16 (6) Identification of incentives and policy op- 17 tions for leveraging the communications equipment 18 suppliers from mutual defense treaty allies, strategic 19 partners, and other countries to ensure that private 20 industry in the United States has adequate sources 21 for secure, effective, and reliable 5th and future gen- 22 erations wireless communications systems and infra- 23 structure equipment. 24 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 7 HR 2881 PCS (7) A plan for diplomatic engagement with mu- 1 tual defense treaty allies, strategic partners, and 2 other countries to share security risk information 3 and findings pertaining to 5th and future genera- 4 tions wireless communications systems and infra- 5 structure equipment and cooperation on mitigating 6 those risks. 7 (8) A plan for engagement with private sector 8 communications infrastructure and systems equip- 9 ment developers and critical infrastructure owners 10 and operators who have a critical dependency on 11 communications infrastructure to share information 12 and findings on 5th and future generations wireless 13 communications systems and infrastructure equip- 14 ment standards to secure platforms. 15 (9) A plan for engagement with private sector 16 communications infrastructure and systems equip- 17 ment developers to encourage the maximum partici- 18 pation possible on standards-setting bodies related to 19 such systems and infrastructure equipment stand- 20 ards by public and private sector entities from the 21 United States. 22 (10) A plan for diplomatic engagement with 23 mutual defense treaty allies, strategic partners, and 24 other countries to share information and findings on 25 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 8 HR 2881 PCS 5th and future generations wireless communications 1 systems and infrastructure equipment standards to 2 promote maximum interoperability, competitiveness, 3 openness, and secure platforms. 4 (11) A plan for diplomatic engagement with 5 mutual defense treaty allies, strategic partners, and 6 other countries to share information and findings on 7 5th and future generations wireless communications 8 infrastructure and systems equipment concerning 9 the standards-setting bodies related to such systems 10 and infrastructure equipment to promote maximum 11 transparency, openness, impartiality, integrity, and 12 neutrality. 13 (12) A plan for joint testing environments with 14 mutual defense treaty allies, strategic partners, and 15 other countries to ensure a trusted marketplace for 16 5th and future generations wireless communications 17 systems and infrastructure equipment. 18 (13) A plan for research and development by 19 the Federal Government, in close partnership with 20 trusted supplier entities, mutual defense treaty al- 21 lies, strategic partners, and other countries to reach 22 and maintain United States leadership in 5th and 23 future generations wireless communications systems 24 and infrastructure security, including the develop- 25 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 9 HR 2881 PCS ment of an ongoing capability to identify security 1 vulnerabilities in 5th and future generations wireless 2 communications systems. 3 (14) Options for identifying and helping to 4 mitigate the security risks of 5th and future genera- 5 tions wireless communications systems and infra- 6 structure that have security flaws or vulnerabilities, 7 or are utilizing equipment sourced from countries of 8 concern, and that have already been put in place 9 within the systems and infrastructure of mutual de- 10 fense treaty allies, strategic partners, and other 11 countries, when in the security interests of the 12 United States. 13 (15) A description of the roles and responsibil- 14 ities of the appropriate executive branch agencies 15 and interagency mechanisms to coordinate imple- 16 mentation of the Strategy, as provided in section 17 4(d). 18 (16) An identification of the key diplomatic, de- 19 velopment, intelligence, military, and economic re- 20 sources necessary to implement the Strategy, includ- 21 ing specific budgetary requests. 22 (17) As necessary, a description of such legisla- 23 tive or administrative action needed to carry out the 24 Strategy. 25 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 10 HR 2881 PCS SEC. 4. LIMITATIONS AND BRIEFINGS. 1 (a) LIMITATIONS.— 2 (1) IN GENERAL.—The Strategy and the Strat- 3 egy implementation plan shall not include a rec- 4 ommendation or a proposal to nationalize 5th or fu- 5 ture generations wireless communications systems or 6 infrastructure. 7 (2) RULE OF CONSTRUCTION.—Nothing in this 8 Act shall be construed to limit the authority or abil- 9 ity of any executive branch agency. 10 (b) PUBLIC COMMENT.—Not later than 60 days after 11 the date of enactment of this Act, the President shall seek 12 public comment regarding the development and implemen- 13 tation of the Strategy implementation plan. 14 (c) BRIEFING.— 15 (1) IN GENERAL.—Not later than 21 days after 16 the date on which the Strategy implementation plan 17 is completed, the President shall direct appropriate 18 representatives from the executive branch agencies 19 involved in the formulation of the Strategy and 20 Strategy implementation plan to provide the appro- 21 priate committees of Congress a briefing on the im- 22 plementation of the Strategy. 23 (2) UNCLASSIFIED SETTING.—The briefing 24 under paragraph (1) shall be held in an unclassified 25 setting to the maximum extent possible. 26 VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS 11 HR 2881 PCS (d) IMPLEMENTATION.—The National Telecommuni- 1 cations and Information Administration shall, in coordina- 2 tion with other relevant executive branch agencies— 3 (1) implement the Strategy; 4 (2) keep congressional committees apprised of 5 progress on implementation; and 6 (3) not implement any proposal or rec- 7 ommendation involving spectrum licensed by the 8 Commission unless the implementation of such pro- 9 posal or recommendation is first approved by the 10 Commission. 11 (e) FORM.—The Strategy and Strategy implementa- 12 tion plan shall be submitted to the appropriate committees 13 of Congress in unclassified form, but may include a classi- 14 fied annex. 15 Passed the House of Representatives January 8, 2020. Attest: CHERYL L. JOHNSON, Clerk. VerDate Sep 11 2014 22:37 Jan 09, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2881.PCS H2881 kjohnson on DSK79L0C42PROD with BILLS Calendar No. 403 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 stra- tegic partners in maximizing the security of next generation mobile tel [Text truncated for display. Full text available on Congress.gov.]