[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.

[[Page H45]]

       (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).

[[Page H46]]

  

  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.

                          ____________________