[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 395
116th CONGRESS
  1st Session
                                 S. 893

                          [Report No. 116-184]

 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 SENATE OF THE UNITED STATES

                             March 27, 2019

Mr. Cornyn (for himself, Mr. Burr, Mr. Warner, Ms. Collins, Mr. Rubio, 
Mr. Bennet, Mr. Cotton, Mrs. Feinstein, Mrs. Blackburn, Mr. Murphy, and 
 Mr. Sullivan) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                           December 19, 2019

               Reported by Mr. Wicker, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Secure 5G and Beyond Act of 
2019''.</DELETED>

<DELETED>SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION MOBILE 
              TELECOMMUNICATIONS SYSTEMS AND INFRASTRUCTURE.</DELETED>

<DELETED>    (a) Appropriate Committees of Congress Defined.--In this 
section, the term ``appropriate committees of Congress'' means--
</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (b) Strategy Required.--Not later than 180 days after the 
date of the enactment of this Act, the President, in consultation with 
the Chairman of the Federal Communications Commission, the 
Administrator of the National Telecommunications and Information 
Administration, the Secretary of Homeland Security, the Director of 
National Intelligence, the Attorney General, and the Secretary of 
Defense, shall develop and submit to the appropriate committees of 
Congress a strategy--</DELETED>
        <DELETED>    (1) to ensure the security of 5th and future 
        generations mobile telecommunications systems and 
        infrastructure within the United States;</DELETED>
        <DELETED>    (2) to assist mutual defense treaty allies of the 
        United States, strategic partners of the United States, and 
        other countries, when in the security interests of the United 
        States, in maximizing the security of 5th and future 
        generations mobile telecommunications systems and 
        infrastructure inside their countries; and</DELETED>
        <DELETED>    (3) to protect the competitiveness of United 
        States companies, privacy of United States consumers, and 
        integrity of standards setting bodies against political 
        influence.</DELETED>
<DELETED>    (c) Designation.--The strategy developed under subsection 
(b) shall be known as the ``Secure Next Generation Mobile 
Communications Strategy''.</DELETED>
<DELETED>    (d) Elements.--The strategy required by subsection (b) 
shall represent a whole-of-government approach and shall include the 
following:</DELETED>
        <DELETED>    (1) A description of United States national and 
        economic security interests pertaining to the deployment of 5th 
        and future generations mobile telecommunications systems and 
        infrastructure.</DELETED>
        <DELETED>    (2) An identification and assessment of potential 
        security threats and vulnerabilities to the infrastructure, 
        equipment, systems, software, and virtually defined networks 
        that support 5th and future generations mobile 
        telecommunications systems and infrastructure.</DELETED>
        <DELETED>    (3) A list of available domestic suppliers of 5th 
        and future generations telecommunications 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 telecommunications systems and 
        infrastructure.</DELETED>
        <DELETED>    (4) Identification of trusted supplier entities 
        from both inside and outside the United States that are capable 
        of producing and supplying to private industry infrastructure 
        and systems equipment supporting 5th and future generations 
        mobile telecommunications systems and infrastructure.</DELETED>
        <DELETED>    (5) Identification of where security gaps exist in 
        the United States domestic or mutual defense treaty allies and 
        strategic partners telecommunications equipment supply chain 
        for 5th and future generations infrastructure and systems 
        equipment.</DELETED>
        <DELETED>    (6) Identification of incentives and policy 
        options to help close or narrow such security gaps in the 
        United States domestic industrial base, including research and 
        development in critical technologies and workforce development 
        in new generation technologies.</DELETED>
        <DELETED>    (7) Identification of incentives and policy 
        options for leveraging the telecommunications 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 mobile 
        telecommunications systems and infrastructure 
        equipment.</DELETED>
        <DELETED>    (8) A strategy 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 mobile 
        telecommunications systems and infrastructure equipment and 
        cooperation on mitigating those risks.</DELETED>
        <DELETED>    (9) A strategy for engagements with private sector 
        telecommunications infrastructure and systems equipment 
        developers to share information and findings on 5th and future 
        generations mobile telecommunication systems and infrastructure 
        equipment standards to secure platforms.</DELETED>
        <DELETED>    (10) A strategy for diplomatic engagements with 
        mutual defense treaty allies, strategic partners, and other 
        countries to share information and findings on 5th and future 
        generations mobile telecommunication systems and infrastructure 
        equipment standards and standards setting bodies to promote 
        maximum interoperability, competitiveness, openness, and secure 
        platforms.</DELETED>
        <DELETED>    (11) A strategy for joint testing environments 
        with mutual defense treaty allies, strategic partners, and 
        other countries to ensure a trusted marketplace for 5th and 
        future generations mobile telecommunication systems and 
        infrastructure equipment.</DELETED>
        <DELETED>    (12) A strategy 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 communications 
        security, including the development of an ongoing monitoring 
        capability of 5th and future generations telecommunications 
        systems for security vulnerabilities.</DELETED>
        <DELETED>    (13) Options for identifying and helping to 
        mitigate the security risks of 5th and future generations 
        telecommunications systems and infrastructure equipment with 
        security flaws or vulnerabilities or equipment sourced from 
        countries of concern that have already been put in place within 
        mutual defense treaty allies, strategic partners, and other 
        countries, when in the security interests of the United 
        States.</DELETED>
        <DELETED>    (14) A description of the appropriate roles and 
        missions of the Federal Communications Commission, the National 
        Telecommunications and Information Administration, the 
        Department of Homeland Security, the intelligence community, 
        the Department of Justice, and the Department of Defense in 
        executing the strategy.</DELETED>
        <DELETED>    (15) Development of a plan that includes 
        interagency mechanisms for the National Telecommunications and 
        Information Administration to act as the executive agent to 
        coordinate implementation of the strategy.</DELETED>
        <DELETED>    (16) An identification of the key diplomatic, 
        development, intelligence, military, and economic resources 
        necessary to implement the strategy, including specific 
        budgetary requests.</DELETED>
        <DELETED>    (17) A description of such legislative or 
        administrative action as may be necessary to carry out the 
        strategy.</DELETED>
<DELETED>    (e) Limitation.--The strategy required by subsection (b) 
shall not include a recommendation or a proposal to Federalize 5th or 
future generations mobile telecommunications systems or 
infrastructure.</DELETED>
<DELETED>    (f) Briefing.--Not later than 14 days after the date on 
which the strategy required by subsection (b) is completed, the 
President's designee shall provide to the appropriate committees of 
Congress a briefing on the implementation of the strategy.</DELETED>
<DELETED>    (g) Implementation.--The National Telecommunications and 
Information Administration shall act as the executive agent to 
coordinate implementation of the strategy, and keep congressional 
committees apprised of progress on implementation.</DELETED>
<DELETED>    (h) Form.--The strategy submitted under subsection (b) 
shall be submitted in unclassified form, but may include a classified 
annex.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Secure 5G and Beyond Act of 2019''.

SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION WIRELESS 
              COMMUNICATIONS SYSTEMS AND INFRASTRUCTURE.

    (a) Appropriate Committees of Congress Defined.--In this section, 
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.
    (b) Strategy Required.--Not later than 180 days after the date of 
the enactment of this Act, the President, in consultation with the 
Chairman of the Federal Communications Commission, the Assistant 
Secretary of Commerce for Communications and Information, the Secretary 
of Homeland Security, the Director of National Intelligence, the 
Attorney General, and the Secretary of Defense, 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 
        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 related to 5th and 
        future generations wireless communications systems and 
        infrastructure.
    (c) Designation.--The strategy developed under subsection (b) shall 
be known as the ``Secure Next Generation Wireless Communications 
Strategy'' (referred to in this section as the ``Strategy'').
    (d) Elements.--The Strategy shall represent a whole-of-government 
approach and shall include 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 virtually defined networks that support 
        5th and future generations wireless communications systems and 
        infrastructure. The assessment shall 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) A list 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 trusted supplier entities from both 
        inside and outside the United States that are capable of 
        producing and supplying to private industry infrastructure and 
        systems equipment supporting 5th and future generations 
        wireless communications systems and infrastructure.
            (6) 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.
            (7) Identification of incentives and policy options to help 
        close or narrow any security gaps identified under paragraph 
        (6) 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.
            (8) 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.
            (9) A strategy 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.
            (10) A strategy for engagement with private sector 
        communications infrastructure and systems equipment developers 
        to share information and findings on 5th and future generations 
        wireless communications systems and infrastructure equipment 
        standards to secure platforms.
            (11) A strategy 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.
            (12) A strategy 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.
            (13) A strategy 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.
            (14) A strategy 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.
            (15) A strategy 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 monitoring capability of 5th and future generations 
        wireless communications systems to identify security 
        vulnerabilities.
            (16) 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.
            (17) Development of a plan that includes a description of 
        the roles and responsibilities of the appropriate executive 
        branch agencies and interagency mechanisms for the Assistant 
        Secretary of Commerce for Communications and Information to act 
        as the executive agent to coordinate implementation of the 
        Strategy, as provided in subsection (g).
            (18) An identification of the key diplomatic, development, 
        intelligence, military, and economic resources necessary to 
        implement the Strategy, including specific budgetary requests.
            (19) A description of such legislative or administrative 
        action as may be necessary to carry out the Strategy.
    (e) Limitations.--
            (1) In general.--The Strategy 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 section 
        shall be construed to limit the authority or ability of a 
        Federal agency to--
                    (A) conduct cybersecurity incident, threat, or 
                asset response and recovery activities;
                    (B) obtain or execute warrants or other 
                investigative or intelligence tools; or
                    (C) provide assistance to a private entity upon 
                request of the entity.
    (f) Briefing.--
            (1) In general.--Not later than 14 days after the date on 
        which the Strategy is completed, the Assistant Secretary of 
        Commerce for Communications and Information, and any other 
        Federal officials designated by the President, shall provide to 
        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.
    (g) Implementation.--The Assistant Secretary of Commerce for 
Communications and Information shall--
            (1) act as the executive agent to coordinate implementation 
        of the Strategy; and
            (2) keep congressional committees apprised of progress on 
        implementation.
    (h) Form.--The Strategy shall be submitted to the appropriate 
committees of Congress in unclassified form, but may include a 
classified annex.
                                                       Calendar No. 395

116th CONGRESS

  1st Session

                                 S. 893

                          [Report No. 116-184]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 19, 2019

                       Reported with an amendment