[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Engrossed in Senate (ES)]
<DOC>
116th CONGRESS
2d Session
S. 893
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.--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 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.
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) 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) An identification and assessment of the global
competitiveness and vulnerabilities of United States
manufacturers and suppliers of 5th and future generations
wireless communications equipment.
(4) 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 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.--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) 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.--
(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.
Passed the Senate March 4, 2020.
Attest:
Secretary.
116th CONGRESS
2d Session
S. 893
_______________________________________________________________________
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.