[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 893 Enrolled Bill (ENR)]
S.893
One Hundred Sixteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Friday,
the third day of January, two thousand and twenty
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 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
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.