[Congressional Record Volume 166, Number 47 (Wednesday, March 11, 2020)]
[House]
[Pages H1614-H1615]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SECURE 5G AND BEYOND ACT OF 2020

  Mr. PALLONE. Madam Speaker, I ask unanimous consent to take from the 
Speaker's table the bill (S. 893) 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, and ask for its immediate 
consideration in the House.
  The Clerk read the title of the bill.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from New Jersey?
  There was no objection.
  The text of the bill is as follows:

                                 S. 893

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure 5G and Beyond Act of 
     2020''.

     SEC. 2. APPROPRIATE COMMITTEES OF CONGRESS DEFINED.

       In this Act, the term ``appropriate committees of 
     Congress'' means--
       (1) the Select Committee on Intelligence, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Armed Services, and the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate; and
       (2) the Permanent Select Committee on Intelligence, the 
     Committee on Energy and Commerce, the Committee on Foreign 
     Affairs, the Committee on Armed Services, and the Committee 
     on Homeland Security of the House of Representatives.

     SEC. 3. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION 
                   WIRELESS COMMUNICATIONS SYSTEMS AND 
                   INFRASTRUCTURE.

       (a) Strategy Required.--Not later than 180 days after the 
     date of enactment of this Act, the President, in consultation 
     with the Chairman of the Federal Communications Commission, 
     the Secretary of Commerce, the Assistant Secretary of 
     Commerce for Communications and Information, the Secretary of 
     Homeland Security, the Director of National Intelligence, the 
     Attorney General, the Secretary of State, the Secretary of 
     Energy, and the Secretary of Defense, and consistent with the 
     protection of national security information, shall develop 
     and submit to the appropriate committees of Congress a 
     strategy--
       (1) to ensure the security of 5th and future generations 
     wireless communications systems and infrastructure within the 
     United States;
       (2) to provide technical assistance to mutual defense 
     treaty allies of the United States, strategic partners of the 
     United States, and other countries, when in the security and 
     strategic interests of the United States, to maximize the 
     security of 5th and future generations wireless 
     communications systems and infrastructure inside their 
     countries; and
       (3) to protect the competitiveness of United States 
     companies, privacy of United States consumers, and integrity 
     and impartiality of standards-setting bodies and processes 
     related to 5th and future generations wireless communications 
     systems and infrastructure.
       (b) Designation.--The strategy developed under subsection 
     (a) shall be known as the ``National Strategy to Secure 5G 
     and Next Generation Wireless Communications'' (referred to in 
     this Act as the ``Strategy'').
       (c) Elements.--The Strategy shall represent a whole-of-
     government approach and shall include the following:
       (1) A description of efforts to facilitate domestic 5th and 
     future generations wireless communications rollout.
       (2) A description of efforts to assess the risks to and 
     identify core security principles of 5th and future 
     generations wireless communications infrastructure.
       (3) A description of efforts to address risks to the 
     national security of the United States during development and 
     deployment of 5th and future generations wireless 
     communications infrastructure worldwide.
       (4) A description of efforts to promote responsible global 
     development and deployment of 5th and future generations 
     wireless communications, including through robust 
     international engagement, leadership in the development of 
     international standards, and incentivizing market 
     competitiveness of secure 5th and future generation wireless 
     communications infrastructure options.
       (d) Public Consultation.--In developing the Strategy, the 
     President shall consult with relevant groups that represent 
     consumers or the public interest, private sector 
     communications providers, and communications infrastructure 
     and systems equipment developers.

[[Page H1615]]

  


     SEC. 4. STRATEGY IMPLEMENTATION PLAN.

       Not later than 180 days after the date of enactment of this 
     Act, the President shall develop and submit to the 
     appropriate committees of Congress an implementation plan for 
     the Strategy (referred to in this Act as the ``Implementation 
     Plan''), which shall include, at a minimum, the following:
       (1) A description of United States national and economic 
     security interests pertaining to the deployment of 5th and 
     future generations wireless communications systems and 
     infrastructure.
       (2) An identification and assessment of potential security 
     threats and vulnerabilities to the infrastructure, equipment, 
     systems, software, and virtualized networks that support 5th 
     and future generations wireless communications systems, 
     infrastructure, and enabling technologies, which shall, as 
     practicable, include a comprehensive evaluation of the full 
     range of threats to, and unique security challenges posed by, 
     5th and future generations wireless communications systems 
     and infrastructure, as well as steps that public and private 
     sector entities can take to mitigate those threats.
       (3) An identification and assessment of the global 
     competitiveness and vulnerabilities of United States 
     manufacturers and suppliers of 5th and future generations 
     wireless communications equipment.
       (4) An evaluation of available domestic suppliers of 5th 
     and future generations wireless communications equipment and 
     other suppliers in countries that are mutual defense allies 
     or strategic partners of the United States and a strategy to 
     assess their ability to produce and supply 5th generation and 
     future generations wireless communications systems and 
     infrastructure.
       (5) Identification of where security gaps exist in the 
     United States domestic or mutual defense treaty allies and 
     strategic partners communications equipment supply chain for 
     5th and future generations wireless communications systems 
     and infrastructure.
       (6) Identification of incentives and policy options to help 
     close or narrow any security gaps identified under paragraph 
     (5) in, and ensure the economic viability of, the United 
     States domestic industrial base, including research and 
     development in critical technologies and workforce 
     development in 5th and future generations wireless 
     communications systems and infrastructure.
       (7) Identification of incentives and policy options for 
     leveraging the communications equipment suppliers from mutual 
     defense treaty allies, strategic partners, and other 
     countries to ensure that private industry in the United 
     States has adequate sources for secure, effective, and 
     reliable 5th and future generations wireless communications 
     systems and infrastructure equipment.
       (8) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share security risk information and findings pertaining to 
     5th and future generations wireless communications systems 
     and infrastructure equipment and cooperation on mitigating 
     those risks.
       (9) A plan for engagement with private sector 
     communications infrastructure and systems equipment 
     developers and critical infrastructure owners and operators 
     who have a critical dependency on communications 
     infrastructure to share information and findings on 5th and 
     future generations wireless communications systems and 
     infrastructure equipment standards to secure platforms.
       (10) A plan for engagement with private sector 
     communications infrastructure and systems equipment 
     developers to encourage the maximum participation possible on 
     standards-setting bodies related to such systems and 
     infrastructure equipment standards by public and private 
     sector entities from the United States.
       (11) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share information and findings on 5th and future generations 
     wireless communications systems and infrastructure equipment 
     standards to promote maximum interoperability, 
     competitiveness, openness, and secure platforms.
       (12) A plan for diplomatic engagement with mutual defense 
     treaty allies, strategic partners, and other countries to 
     share information and findings on 5th and future generations 
     wireless communications infrastructure and systems equipment 
     concerning the standards-setting bodies related to such 
     systems and infrastructure equipment to promote maximum 
     transparency, openness, impartiality, integrity, and 
     neutrality.
       (13) A plan for joint testing environments with mutual 
     defense treaty allies, strategic partners, and other 
     countries to ensure a trusted marketplace for 5th and future 
     generations wireless communications systems and 
     infrastructure equipment.
       (14) A plan for research and development by the Federal 
     Government, in close partnership with trusted supplier 
     entities, mutual defense treaty allies, strategic partners, 
     and other countries to reach and maintain United States 
     leadership in 5th and future generations wireless 
     communications systems and infrastructure security, including 
     the development of an ongoing capability to identify security 
     vulnerabilities in 5th and future generations wireless 
     communications systems.
       (15) Options for identifying and helping to mitigate the 
     security risks of 5th and future generations wireless 
     communications systems and infrastructure that have security 
     flaws or vulnerabilities, or are utilizing equipment sourced 
     from countries of concern, and that have already been put in 
     place within the systems and infrastructure of mutual defense 
     treaty allies, strategic partners, and other countries, when 
     in the security interests of the United States.
       (16) A description of the roles and responsibilities of the 
     appropriate executive branch agencies and interagency 
     mechanisms to coordinate implementation of the Strategy, as 
     provided in section 5(d).
       (17) An identification of the key diplomatic, development, 
     intelligence, military, and economic resources necessary to 
     implement the Strategy, including specific budgetary 
     requests.
       (18) As necessary, a description of such legislative or 
     administrative action needed to carry out the Strategy.

     SEC. 5. LIMITATIONS AND BRIEFINGS.

       (a) Limitations.--
       (1) In general.--The Strategy and the Implementation Plan 
     shall not include a recommendation or a proposal to 
     nationalize 5th or future generations wireless communications 
     systems or infrastructure.
       (2) Federal agency authority.--Nothing in this Act shall be 
     construed to limit any authority or ability of any Federal 
     agency.
       (b) Public Comment.--Not later than 60 days after the date 
     of enactment of this Act, the President shall seek public 
     comment regarding the development and implementation of the 
     Implementation Plan.
       (c) Briefing.--
       (1) In general.--Not later than 21 days after the date on 
     which the Implementation Plan is completed, the President 
     shall direct appropriate representatives from the departments 
     and agencies involved in the formulation of the Strategy to 
     provide the appropriate committees of Congress a briefing on 
     the implementation of the Strategy.
       (2) Unclassified setting.--The briefing under paragraph (1) 
     shall be held in an unclassified setting to the maximum 
     extent possible.
       (d) Implementation.--
       (1) In general.--The President and the National 
     Telecommunications and Information Administration, in 
     conjunction, shall--
       (A) implement the Strategy;
       (B) keep congressional committees apprised of progress on 
     implementation; and
       (C) not implement any proposal or recommendation involving 
     non-Federal spectrum administered by the Federal 
     Communications Commission unless the implementation of such 
     proposal or recommendation is first approved by the 
     Commission.
       (2) Rule of construction.--Nothing in this subsection shall 
     be construed to affect the authority or jurisdiction of the 
     Federal Communications Commission or confer upon the 
     President or any other executive branch agency the power to 
     direct the actions of the Commission, whether directly or 
     indirectly.
       (e) Form.--The Strategy and Implementation Plan shall be 
     submitted to the appropriate committees of Congress in 
     unclassified form, but may include a classified annex.

  The bill was ordered to be read a third time, was read the third 
time, and passed, and a motion to reconsider was laid on the table.

                          ____________________