[116th Congress Public Law 129]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 223]]
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. <<NOTE: Mar. 23, 2020 - [S. 893]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Secure 5G and
Beyond Act of 2020. 47 USC 901 note.>>
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. <<NOTE: Deadline. Consultation.>> --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.
<<NOTE: Deadline.>> 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) <<NOTE: Assessment. Evaluation.>> 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) <<NOTE: Assessment.>> 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) <<NOTE: Evaluation. Assessment.>> 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.-- <<NOTE: Deadline.>> 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) <<NOTE: Deadline.>> 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.
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