    [United States Statutes at Large, Volume 134, 116th Congress, 2nd Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-129
    116th Congress

    An Act

    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, <>
    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

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    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.
    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

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    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

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    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.--

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    (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.

    Approved March 23, 2020.

    LEGISLATIVE HISTORY--S. 893:
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    SENATE REPORTS: No. 116-184 (Comm. on Commerce, Science, and
    Transportation).
    CONGRESSIONAL RECORD, Vol. 166 (2020):
    Mar. 4, considered and passed Senate.
    Mar. 11, considered and passed House.
    DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2020):
    Mar. 23, Presidential statement.