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116th Congress }                                       { Rept. 116-369
                        HOUSE OF REPRESENTATIVES
  2d Session   }                                       { Part 1

======================================================================
 
                    SECURE 5G AND BEYOND ACT OF 2019

                                _______
                                

January 7, 2020.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Pallone, from the Committee on Energy and Commerce, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 2881]

    The Committee on Energy and Commerce, to whom was referred 
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 
maximizing the security of next generation mobile 
telecommunications systems, infrastructure, and software, and 
for other purposes, having considered the same, report 
favorably thereon with amendments and recommend that the bill 
as amended do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................4
 II. Background and Need for Legislation..............................4
III. Committee Hearings...............................................5
 IV. Committee Consideration..........................................5
  V. Committee Votes..................................................5
 VI. Oversight Findings...............................................6
VII. New Budget Authority, Entitlement Authority, and Tax Expenditures6
VIII.Federal Mandates Statement.......................................6

 IX. Statement of General Performance Goals and Objectives............6
  X. Duplication of Federal Programs..................................6
 XI. Committee Cost Estimate..........................................6
XII. Earmarks, Limited Tax Benefits, and Limited Tariff Benefits......6
XIII.Advisory Committee Statement.....................................7

XIV. Applicability to Legislative Branch..............................7
 XV. Section-by-Section Analysis of the Legislation...................7
XVI. Changes in Existing Law Made by the Bill, as Reported............7

    The amendments are as follows:
  Strike all after the enacting clause and insert 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 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; and
          (2) 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.
  (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, 
the Secretary of Defense, and the Secretary of State, 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 
        such 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.
          (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 (h).
          (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) Limitation.--
          (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) Public Comment.--Not later than 60 days after the date of the 
enactment of this Act, the President shall seek public comment 
regarding the development and implementation of the Strategy.
  (g) 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.
  (h) Implementation.--The Assistant Secretary of Commerce for 
Communications and Information shall--
          (1) act as the executive agent to coordinate implementation 
        of 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.
  (i) Form.--The Strategy shall be submitted to the appropriate 
committees of Congress in unclassified form, but may include a 
classified annex.

    Amend the title so as to read:
    A bill to require the President to develop a strategy to 
ensure the security of next generation wireless communications 
systems and infrastructure in the United States and to assist 
allies and strategic partners in maximizing the security of 
next generation wireless communications systems, 
infrastructure, and software, and for other purposes.

                         I. PURPOSE AND SUMMARY

    Reps. Spanberger (D-VA), Stefanik (R-NY), Slotkin (D-MI), 
Rooney (R-FL), O'Halleran (D-AZ), and Brooks (R-IN) introduced 
H.R. 2881, the ``Secure 5G and Beyond Act OF 2019,'' on May 21, 
2019, and the bill was subsequently referred to the Committee 
on Energy and Commerce on that day. The Secure 5G and Beyond 
Act directs the President to develop the ``Secure Next 
Generation Mobile Communications Strategy'' in consultation 
with the heads of the Federal Communications Commission (FCC), 
National Telecommunications and Information Administration 
(NTIA), Department of Homeland Security (DHS), as well as the 
Director of National Intelligence (DNI) and Secretary of 
Defense (DOD).

                II. BACKGROUND AND NEED FOR LEGISLATION

    5G technology promises evolution across every sector of the 
American economy. It promises new technology and network 
applications that touch every aspect of daily lives. While this 
advancement is beneficial in many ways, it significantly 
increases risk to national security.
    United States communications service providers rely heavily 
on equipment and services manufactured and provided by 
untrusted companies. The increasingly globalized market for 
telecommunications equipment and services has opened the door 
to cheaper goods for consumers but poses new challenges for the 
United States, particularly for ensuring the security of the 
telecommunications supply chain.
    Given the pivotal role that private communications networks 
serve in connecting U.S. critical infrastructure functions, 
American networks are appealing targets for foreign 
adversaries. The United States, therefore, has a clear interest 
in mitigating threats posed by vulnerable communications 
equipment and services.
    H.R. 2881 would require the President to develop a strategy 
to mitigate these risks, including specific elements of that 
strategy to help address risks to 5G and future generation 
networks.

                        III. COMMITTEE HEARINGS

    For the purposes of section 103(i) of H. Res. 6 of the 
116th Congress, the following hearing was used to develop or 
consider H.R. 2881:
    The Subcommittee on Communications and Technology held a 
legislative hearing on September 27, 2019, entitled, 
Legislating to Secure America's Wireless Future.'' The 
Subcommittee received testimony from the following witnesses:
           John Nettles, President, Pine Belt Wireless;
           Harold Feld, Senior Vice President, Public 
        Knowledge;
           Dean Brenner, Senior Vice President, 
        Spectrum Strategy & Tech Policy, Qualcomm Incorporated; 
        and
           Bobbie Stempfley, Managing Director, CERT 
        Division Software Engineering Institute, Carnegie 
        Mellon University.

                      IV. COMMITTEE CONSIDERATION

    Reps. Spanberger (D-VA), Stefanik (R-NY), Slotkin (D-MI), 
Rooney (R-FL), O'Halleran (D-AZ), and Brooks (R-IN) introduced 
H.R. 2881, the ``Secure 5G and Beyond Act of 2019'', on May 21, 
2019, and was referred to the Committee on Energy and Commerce 
that same day. The bill was referred to the Subcommittee on 
Communications and Technology on May 22, 2019. Following a 
legislative hearing, pursuant to notice, the Subcommittee met 
in open markup session on November 14, 2019, for consideration 
of H.R. 2881. An amendment in the nature of a substitute (AINS) 
was offered by Mr. O'Halleran. During consideration of the 
AINS, Mr. Cardenas offered an amendment to the O'Halleran AINS, 
which was agreed to by a voice vote. Subsequently, the 
Subcommittee adopted the AINS with the Cardenas amendment, and 
then approved a motion offered by Mr. Doyle, Chairman of the 
subcommittee, to favorably forward H.R. 2881, amended, to the 
full Committee on Energy and Commerce, by a voice vote.
    The full Committee met in open markup session, pursuant to 
notice, on November 20, 2019, to consider H.R. 2881, as amended 
by the Subcommittee. No amendments were offered to the bill 
during full Committee consideration and therefore, the 
Committee on Energy and Commerce agreed to a motion by Mr. 
Pallone, Chairman of the Committee, to order reported H.R. 2881 
favorably to the House, as amended, by a voice vote, a quorum 
being present.

                           V. COMMITTEE VOTES

    Clause 3(b) of rule XIII of the Rules of the House of 
Representatives requires the Committee to list each record vote 
on the motion to report legislation and amendments thereto. The 
Committee advises that there were no record votes taken on H.R. 
2881.

                         VI. OVERSIGHT FINDINGS

    Pursuant to clause 3(c)(1) of rule XIII and clause 2(b)(1) 
of rule X of the Rules of the House of Representatives, the 
oversight findings and recommendations of the Committee are 
reflected in the descriptive portion of the report.

 VII. NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX EXPENDITURES

    Pursuant to 3(c)(2) of rule XIII of the Rules of the House 
of Representatives, the Committee adopts as its own the 
estimate of new budget authority, entitlement authority, or tax 
expenditures or revenues contained in the cost estimate 
prepared by the Director of the Congressional Budget Office 
pursuant to section 402 of the Congressional Budget Act of 
1974.
    The Committee has requested but not received from the 
Director of the Congressional Budget Office a statement as to 
whether this bill contains any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.

                    VIII. FEDERAL MANDATES STATEMENT

    The Committee adopts as its own the estimate of Federal 
mandates prepared by the Director of the Congressional Budget 
Office pursuant to section 423 of the Unfunded Mandates Reform 
Act.

       IX. STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

    Pursuant to clause 3(c)(4) of rule XIII, the general 
performance goal or objective of this legislation is to require 
the President to develop a strategy to protect the security of 
5G and future generations of wireless service.

                   X. DUPLICATION OF FEDERAL PROGRAMS

    Pursuant to clause 3(c)(5) of rule XIII, no provision of 
H.R. 2881 is known to be duplicative of another Federal 
program, including any program that was included in a report to 
Congress pursuant to section 21 of Public Law 111-139 or the 
most recent Catalog of Federal Domestic Assistance.

                      XI. COMMITTEE COST ESTIMATE

    Pursuant to clause 3(d)(1) of rule XIII, the Committee 
adopts as its own the cost estimate prepared by the Director of 
the Congressional Budget Office pursuant to section 402 of the 
Congressional Budget Act of 1974.

    XII. EARMARKS, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

    Pursuant to clause 9(e), 9(f), and 9(g) of rule XXI, the 
Committee finds that H.R. 2881 contains no earmarks, limited 
tax benefits, or limited tariff benefits.

                   XIII. ADVISORY COMMITTEE STATEMENT

    The legislation does not create any new Federal advisory 
committee within the meaning of section 5(b) of the Federal 
Advisory Committee Act.

                XIV. APPLICABILITY TO LEGISLATIVE BRANCH

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

           XV. SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title

    Section 1 designates that the short title may be cited as 
the Securing 5G and Beyond Act of 2019''.

Sec. 2. Strategy to ensure security of next generation mobile 
        telecommunications systems and infrastructure

    Subsection (b) of section 2 directs the President to 
develop the ``Secure Next Generation Mobile Communications 
Strategy'' in consultation with the heads of the FCC, NTIA, 
DHS, DNI, and DOD. The Secure Next Generation Mobile 
Communications Strategy is intended to: (1) ensure the security 
of 5G communications systems and infrastructure in the United 
States; (2) assist mutual defense allies and strategic partners 
in maximizing the security of 5G networks and infrastructure in 
their countries; and (3) protect the competitiveness of U.S. 
companies, the privacy of American consumers, and the integrity 
of standards-setting bodies against political influence.
    Subsection (d) includes several specific elements that 
shall be included in the Secure Next Generation Mobile 
Communications Strategy. Subsection (e) specifies that the 
strategy shall not include a recommendation or proposal to 
nationalize 5th, or future generations' wireless communications 
systems or infrastructure, among other things. Subsection (f) 
requires the report to undergo a 60-day public comment period. 
Subsection (g) specifies that within 14 days of the required 
completion of the strategy that Congress be briefed on the 
strategy. Finally, subsection (h) stipulates that the NTIA 
shall be the executive agent to coordinate implementation of 
the strategy.

       XVI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This bill, as reported by the Committee, makes no changes 
to existing law.

                                  [all]