[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