January 8, 2020 - Issue: Vol. 166, No. 4 — Daily Edition116th Congress (2019 - 2020) - 2nd Session
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SECURE 5G AND BEYOND ACT OF 2020; Congressional Record Vol. 166, No. 4
(House of Representatives - January 08, 2020)
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[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. ____________________
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