[Congressional Record Volume 166, Number 4 (Wednesday, January 8, 2020)]
[House]
[Pages H43-H46]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SECURE 5G AND BEYOND ACT OF 2020
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I move to
suspend the rules and pass the bill (H.R. 2881) 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
[[Page H44]]
maximizing the security of next generation mobile telecommunications
systems, infrastructure, and software, and for other purposes, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2881
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. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION
WIRELESS COMMUNICATIONS SYSTEMS AND
INFRASTRUCTURE.
(a) 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.
(b) 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 assist 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, in maximizing 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.
(c) Designation.--The strategy developed under subsection
(b) shall be known as the ``National Strategy to Secure 5G
and Next Generation Wireless Communications'' (referred to in
this Act as the ``Strategy'').
(d) 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 United
States and national security 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.
(e) 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. 3. STRATEGY IMPLEMENTATION PLAN.
Not later than 180 days after the date of the enactment of
this Act, the President shall develop an implementation plan
for the Strategy (referred to in this Act as the ``Strategy
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. The assessment
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 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.
(4) 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.
(5) Identification of incentives and policy options to help
close or narrow any security gaps identified under paragraph
(4) in 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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.
(10) 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.
(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 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.
(12) 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.
(13) 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.
(14) 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.
(15) 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 4(d).
(16) An identification of the key diplomatic, development,
intelligence, military, and economic resources necessary to
implement the Strategy, including specific budgetary
requests.
(17) As necessary, a description of such legislative or
administrative action needed to carry out the Strategy.
SEC. 4. LIMITATIONS AND BRIEFINGS.
(a) Limitations.--
(1) In general.--The Strategy and the Strategy
implementation plan shall not include a recommendation or a
proposal to nationalize 5th or future generations wireless
communications systems or infrastructure.
(2) Rule of construction.--Nothing in this Act shall be
construed to limit the authority or ability of any executive
branch 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
Strategy implementation plan.
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(c) Briefing.--
(1) In general.--Not later than 21 days after the date on
which the Strategy implementation plan is completed, the
President shall direct appropriate representatives from the
executive branch agencies involved in the formulation of the
Strategy and Strategy implementation plan 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.--The National Telecommunications and
Information Administration shall, in coordination with other
relevant executive branch agencies--
(1) implement the Strategy;
(2) keep congressional committees apprised of progress on
implementation; and
(3) not implement any proposal or recommendation involving
spectrum licensed by the Commission unless the implementation
of such proposal or recommendation is first approved by the
Commission.
(e) Form.--The Strategy and Strategy implementation plan
shall be submitted to the appropriate committees of Congress
in unclassified form, but may include a classified annex.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Pennsylvania (Mr. Michael F. Doyle) and the gentleman from Ohio (Mr.
Latta) each will control 20 minutes.
The Chair recognizes the gentleman from Pennsylvania.
General Leave
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I ask unanimous
consent that all Members may have 5 legislative days in which to revise
and extend their remarks and include extraneous material on H.R. 2881.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Pennsylvania?
There was no objection.
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I yield myself
such time as I may consume.
Madam Speaker, I rise in support of H.R. 2881, the Secure 5G and
Beyond Act, which directs the President to develop the Secure Next
Generation Mobile Communications Strategy in consultation with heads of
the FCC, NTIA, and the Department of Homeland Security, as well as the
DNI and the Secretary of Defense. The bill then requires the
development of a strategy implementation plan to be carried out by
NTIA.
This bipartisan legislation was introduced by Ms. Spanberger and five
other House Members, including Mrs. Brooks of Indiana and Mr.
O'Halleran, both members of the Communications and Technology
Subcommittee, which I chair.
The Secure Next Generation Mobile Communications Strategy is intended
to:
First, ensure the security of 5G and future generations of mobile
telecommunications systems and infrastructure in the United States;
Second, assist our mutual defense treaty allies and strategic
partners in maximizing the security of 5G networks and infrastructure
and future generations of mobile telecommunications systems in their
countries; and
Finally, protect the competitiveness of U.S. companies, the privacy
of American consumers, and the integrity of standards-setting bodies
against political influence.
As our Nation works to deploy 5G wireless technologies and develop
next generation communications networks, we need a national strategy
that brings together an all-of-the-above government approach to
ensuring this critical infrastructure. We also need to work with our
strategic allies and international partners to ensure the security of
their communications networks as well.
Madam Speaker, this is an important piece of legislation. I applaud
Ms. Spanberger for introducing it. I urge all my colleagues to support
this bill, and I reserve the balance of my time.
Mr. LATTA. Madam Speaker, I yield myself such time as I may consume.
Madam Speaker, I rise today in support of H.R. 2881, the Secure 5G
and Beyond Act of 2020.
In today's digital age, we rely on our communications networks for
everything from grocery shopping to applying for jobs. In the past
decade, we have upgraded from 2G to 4G and are now in the process of
entering the fifth generation of communications networks to accommodate
Americans' demand for access.
Making a simple transaction online is second nature for many
Americans, and we expect the network on which the information is
transmitted to be secure. The legislation before us is a step forward
in enhancing network security.
It requires the President, in consultation with appropriate Federal
agencies, to develop a strategy to ensure the security of 5G and future
generations of telecommunications systems and infrastructure.
The administration must also identify potential security threats or
vulnerabilities and promote responsible international development in
deployment of networks.
Lastly, the bill requires a strategy implementation plan and charges
the National Telecommunications and Information Administration to carry
it out.
It is essential that the administration continues to take steps to
secure our networks, and this bill provides direction to do just that.
Madam Speaker, I urge my colleagues to support this piece of
legislation, and I reserve the balance of my time.
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I yield 2
minutes to the gentleman from Arizona (Mr. O'Halleran), a valuable
member of the Committee on Energy and Commerce.
Mr. O'HALLERAN. Madam Speaker, I thank the chairman, the gentleman
from Pennsylvania (Mr. Michael F. Doyle), and Mr. Latta for the
opportunity. I also thank Congresswoman Spanberger for her great work
on this and the introduction of the bill.
Madam Speaker, I rise today in support of the Secure 5G and Beyond
Act.
This spring, I joined a bipartisan group of lawmakers to cosponsor
this important legislation to protect next generation
telecommunications systems and mobile infrastructure in the United
States.
According to a 2018 NATO report, Huawei, a Chinese multinational
technology company and supplier of 5G technology, could be exploited by
China to engage in espionage, monitor foreign corporations and
governments, and support Chinese military operations. In fact, earlier
this year, former chairman of the Joint Chiefs of Staff, General Joseph
Dunford, called the potential risks of a Chinese-built 5G network a
``critical national security issue'' for the United States.
To combat these potential threats, our bill requires the
administration to develop an unclassified national strategy to protect
U.S. consumers and assist allies to maximize the security of their 5G
telecommunications systems.
The next generation of telecommunications systems is going to
revolutionize our economy, and it is important that every corner of our
country has access to the latest technology, especially the area I
represent, rural Arizona, and the rest of rural America. With the rapid
expansion of new technology infrastructure, it is critical that these
systems are secure and the privacy of all Americans is protected.
Madam Speaker, I urge my colleagues to vote in support of H.R. 2881.
Mr. LATTA. Madam Speaker, I yield 2 minutes to the gentleman from
Utah (Mr. Curtis).
Mr. CURTIS. Madam Speaker, I rise today in support of H.R. 2881,
which is critical to protecting the security of our Nation and for the
advancement of 5G.
H.R. 2881, or the Secure 5G and Beyond Act, tasks the Federal
Government with developing strategies to protect against some of the
vulnerabilities with cutting-edge five generation, or 5G, wireless
communications systems.
The rapid development of 5G cellular technologies is another example
of the resolve and innovative spirit unique to the United States
economy.
Madam Speaker, 5G will pave the way for first-of-their-kind products
and services and will more reliably give consumers quick and easy
access to information necessary to live and work in the digital age;
but the potential threats these advancements pose to our national
security, to that of our allies, and to consumer privacy cannot be
overstated, which is why I am urging my colleagues to support this
legislation.
Madam Speaker, I am proud to vote for this important legislation.
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I yield 5
minutes to the gentlewoman from Virginia (Ms. Spanberger).
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Ms. SPANBERGER. Madam Speaker, I rise today in support of my bill,
H.R. 2881, the Secure 5G and Beyond Act.
First, I thank my fellow members of the House Committee on Foreign
Affairs for approving this legislation, and I thank the House Energy
and Commerce Committee for passing my bill out of committee on a
strongly bipartisan basis last year as well.
I also thank my colleagues, Representative Brooks, Representative
O'Halleran, Representative Rooney, Representative Slotkin, and
Representative Stefanik, for joining my effort to protect the next
generation of U.S. telecommunications systems. I am proud to have such
a strong bipartisan coalition backing my bill.
I also thank my colleagues in the Senate, Senator Cornyn and his
bipartisan colleagues, for their work in prioritizing this very
important issue.
When you turn on the TV, you might hear a lot of commercials
advertising 5G and the expansion of U.S. 5G networks. It is true: This
technology holds incredible potential for future economic growth here
in the United States, particularly in our rural communities, as they
rely on these high-speed technologies to connect to the rest of the
world.
However, the adoption of certain 5G wireless technologies present
many serious national security challenges for our country and the
American people. Chinese companies like ZTE and Huawei continue to grow
their global 5G footprint around the world, and as their equipment
becomes more integrated into the economies of the United States and our
allies, China's leverage grows, as does the threat of Chinese
exploitation.
It is difficult to overstate the long-term effects of the global
transition to 5G. An article in The Atlantic earlier this week said:
``The rollout of speedy, new cellular networks is a geopolitical
turning point.'' And China is working hard to take advantage of this
rare moment.
Unfortunately, China's long-term strategy and ambitions extend far
beyond global commerce and communications. For example, a 2018 NATO
report warned that Huawei's close ties to the Chinese Government could
lead to Huawei's 5G technology being used to spy on adversaries,
monitor foreign companies and governments, and support Chinese military
operations, all of which could be targeted at the United States and the
American people.
The adoption of Chinese 5G could invite a deluge of foreign
influence, espionage, and interference into U.S. mobile networks and
wireless systems.
But, simultaneously, China's innovation edge is also growing through
companies like Huawei and ZTE. As of February 2019, Chinese tech
companies owned 36 percent of all key 5G patents, while U.S.-based
companies only owned 14 percent.
This makes clear to me that the United States needs a comprehensive
strategy, a strategy to respond to this growing level of economic
competition and to protect against the security risks posed by ZTE,
Huawei, and other 5G-focused companies.
From afar, we have seen how China disregards the privacy of its own
people, and we should be very wary of China's growing 5G influence in
the West. We need a game plan to defend our mobile networks.
The United States, the country responsible for so many of the
remarkable developments of the digital age, needs to strengthen our
resilience against potential cyber threats directed against American
families, companies, and consumer data. That is why I am proud to lead
the Secure 5G and Beyond Act.
Madam Speaker, my bill would require the administration to develop a
public strategy to protect U.S. consumers, companies, and Federal
agencies against potential threats posed by emerging 5G technologies.
By developing a national interagency strategy, we can better identify
where security gaps currently exist--and we can work to close them.
Additionally, my bill would help spur new 5G research and development
here at home, something that is critical for central Virginia and the
rest of the United States.
In the face of potential Chinese dominance in the 5G space, the
Secure 5G and Beyond Act would put our country and its companies on a
path toward achieving and maintaining greater security and a
competitive edge.
{time} 1615
But in our interconnected world, we cannot do it alone. This
bipartisan legislation would also encourage our allies to pursue
similar strategies.
As we look ahead to future generations of wireless technology, we
need to deploy a strong, evidence-based approach toward improving our
cyber defenses.
Last year, then-Chairman of the Joint Chiefs of Staff General Joseph
Dunford called the rise of Chinese 5G networks a critical national
security issue. This bill recognizes that fact and does something about
it.
We can continue to achieve faster internet speeds and wider
connectivity across America, but this bill makes sure that these
exciting achievements are accompanied by a smart strategy, one that can
successfully prevent foreign influence in our 5G networks and keep our
citizens safe.
Today, I call on my colleagues to pass the Secure 5G and Beyond Act
of 2020.
Mr. LATTA. Madam Speaker, I yield myself such time as I may consume.
Again, I thank my colleague, the gentleman from Pennsylvania (Mr.
Michael F. Doyle), the chairman of the subcommittee, for making sure
this bill came to the floor today, because we have to win this race for
5G as a Nation, because we have to make sure that it helps every
segment of our society.
The legislation is going to help us develop a strategy to ensure the
security of 5G and future generations of telecommunication systems and
infrastructure. And we also must identify potential security threats
for vulnerabilities and promote responsible international development
and deployment of networks. So I urge my colleagues to support this
legislation.
Madam Speaker, I yield back the balance of my time.
Mr. MICHAEL F. DOYLE of Pennsylvania. Madam Speaker, I yield myself
such time as I may consume.
I want to recognize the good work the gentlewoman from Virginia has
done on this bill. A former CIA agent, and someone that knows a lot of
these issues inside and out, she has worked very hard, and brought us a
very good piece of legislation.
It is a good bill. I urge all my colleagues to support it, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Pennsylvania (Mr. Michael F. Doyle) that the House
suspend the rules and pass the bill, H.R. 2881, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. MICHAEL F. DOYLE of Pennsylvania. Mr. Speaker, on that I demand
the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________