March 4, 2020 - Issue: Vol. 166, No. 43 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Pages S1506-S1507]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    SECURE 5G AND BEYOND ACT OF 2019

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 395, S. 893.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The senior assistant legislative clerk read as follows:

       A 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.

  The PRESIDING OFFICER. Is there objection to proceeding to the 
measure?
  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Secure 5G and Beyond Act of 
     2019''.

     SEC. 2. STRATEGY TO ENSURE SECURITY OF NEXT GENERATION 
                   WIRELESS COMMUNICATIONS SYSTEMS AND 
                   INFRASTRUCTURE.

       (a) Appropriate Committees of Congress Defined.--In this 
     section, 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 the enactment of this Act, the President, in 
     consultation with the Chairman of the Federal Communications 
     Commission, the Assistant Secretary of Commerce for 
     Communications and Information, the Secretary of Homeland 
     Security, the Director of National Intelligence, the Attorney 
     General, and the Secretary of Defense, 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 
     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 related to 5th 
     and future generations wireless communications systems and 
     infrastructure.
       (c) Designation.--The strategy developed under subsection 
     (b) shall be known as the ``Secure Next Generation Wireless 
     Communications Strategy'' (referred to in this section as the 
     ``Strategy'').
       (d) Elements.--The Strategy shall represent a whole-of-
     government approach and shall include 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 virtually defined networks that 
     support 5th and future generations wireless communications 
     systems and infrastructure. The assessment shall 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) A list 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 trusted supplier entities from both 
     inside and outside the United States that are capable of 
     producing and supplying to private industry infrastructure 
     and systems equipment supporting 5th and future generations 
     wireless communications systems and infrastructure.
       (6) 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.
       (7) Identification of incentives and policy options to help 
     close or narrow any security gaps identified under paragraph 
     (6) 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.
       (8) 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.
       (9) A strategy 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.
       (10) A strategy for engagement with private sector 
     communications infrastructure and systems equipment 
     developers to share information and findings on 5th and 
     future generations wireless communications systems and 
     infrastructure equipment standards to secure platforms.
       (11) A strategy 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.
       (12) A strategy 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.
       (13) A strategy 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.

[[Page S1507]]

       (14) A strategy 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.
       (15) A strategy 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 monitoring capability of 5th 
     and future generations wireless communications systems to 
     identify security vulnerabilities.
       (16) 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.
       (17) Development of a plan that includes a description of 
     the roles and responsibilities of the appropriate executive 
     branch agencies and interagency mechanisms for the Assistant 
     Secretary of Commerce for Communications and Information to 
     act as the executive agent to coordinate implementation of 
     the Strategy, as provided in subsection (g).
       (18) An identification of the key diplomatic, development, 
     intelligence, military, and economic resources necessary to 
     implement the Strategy, including specific budgetary 
     requests.
       (19) A description of such legislative or administrative 
     action as may be necessary to carry out the Strategy.
       (e) Limitations.--
       (1) In general.--The Strategy 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 section 
     shall be construed to limit the authority or ability of a 
     Federal agency to--
       (A) conduct cybersecurity incident, threat, or asset 
     response and recovery activities;
       (B) obtain or execute warrants or other investigative or 
     intelligence tools; or
       (C) provide assistance to a private entity upon request of 
     the entity.
       (f) Briefing.--
       (1) In general.--Not later than 14 days after the date on 
     which the Strategy is completed, the Assistant Secretary of 
     Commerce for Communications and Information, and any other 
     Federal officials designated by the President, shall provide 
     to 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.
       (g) Implementation.--The Assistant Secretary of Commerce 
     for Communications and Information shall--
       (1) act as the executive agent to coordinate implementation 
     of the Strategy; and
       (2) keep congressional committees apprised of progress on 
     implementation.
       (h) Form.--The Strategy shall be submitted to the 
     appropriate committees of Congress in unclassified form, but 
     may include a classified annex.

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee-reported amendment be withdrawn; that the Cornyn substitute 
amendment at the desk be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment in the nature of a substitute was 
withdrawn.
  The amendment (No. 1510) was agreed to.
  (Purpose: In the nature of a substitute.)
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 893), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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