--- kind: "diff" citation: "H.R. 2881" bill: "116-hr-2881" heading: "Secure 5G and Beyond Act of 2020" from: "ih" from_label: "Introduced in House" to: "rh" to_label: "Reported in House" sections_amended: 1 sections_added: 0 sections_removed: 0 url: "https://uscodex.org/bills/116/hr/2881/changes/rh" --- # H.R. 2881 — what changed H.R. 2881, Secure 5G and Beyond Act of 2020 — 1 section amended between Introduced in House and Reported in House. Edits are marked `struck` and `inserted`. ## Sec. 2 Strategy to ensure security of next generation wireless communications systems and infrastructure - (a) Appropriate committees of Congress congress defined— In this section, the term appropriate “appropriate committees of Congress Congress” means— - (1) the Permanent Select Committee on Intelligence, the Committee on Commerce, Science, Energy and Transportation, Commerce, the Committee on Foreign Relations, Affairs, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the Senate; House of Representatives; and - (2) the Permanent Select Committee on Intelligence, the Committee on Energy and Commerce, Science, and Transportation, the Committee on Foreign Affairs, Relations, the Committee on Armed Services, and the Committee on Homeland Security and Governmental Affairs of the House of Representatives.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 Administrator Assistant Secretary of the National Telecommunications Commerce for Communications and Information Administration, Information, the Secretary of Homeland Security, the Director of National Intelligence, the Attorney General, and 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 mobile telecommunications wireless communications systems and infrastructure within the United States; - (2) to assist 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, in maximizing to maximize the security of 5th and future generations mobile telecommunications 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 standards-setting bodies against political influence.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 Mobile Wireless Communications Strategy”.Strategy” (referred to in this section as the “Strategy”). - (d) Elements— The strategy required by subsection (b) 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 mobile telecommunications 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 mobile telecommunications wireless communications systems and infrastructure.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) A list of available domestic suppliers of 5th and future generations telecommunications equipment An identification and other suppliers in countries that are mutual defense allies or strategic partners assessment of the global competitiveness and vulnerabilities of United States and a strategy to assess their ability to produce manufacturers and supply suppliers of 5th generation and future generations telecommunications systems and infrastructure.wireless communications equipment. - (4) Identification A list of trusted supplier entities from both inside available domestic suppliers of 5th and outside the United States future generations wireless communications equipment and other suppliers in countries that are capable mutual defense allies or strategic partners of producing the United States and supplying a strategy to private industry infrastructure assess their ability to produce and systems equipment supporting supply 5th generation and future generations mobile telecommunications wireless communications systems and infrastructure. - (5) Identification of where security gaps exist in trusted supplier entities from both inside and outside the United States domestic or mutual defense treaty allies that are capable of producing and strategic partners telecommunications supplying to private industry infrastructure and systems equipment supply chain for supporting 5th and future generations infrastructure and wireless communications systems equipment.and infrastructure. - (6) Identification of incentives and policy options to help close or narrow such where security gaps exist in the United States domestic industrial base, including research or mutual defense treaty allies and development in critical technologies strategic partners communications equipment supply chain for 5th and workforce development in new generation technologies.future generations wireless communications systems and infrastructure. - (7) Identification of incentives and policy options for leveraging the telecommunications equipment suppliers from mutual defense treaty allies, strategic partners, and other countries to help close or narrow any security gaps identified under paragraph (6) in, and ensure that private industry in the economic viability of, the United States has adequate sources for secure, effective, domestic industrial base, including research and reliable development in critical technologies and workforce development in 5th and future generations mobile telecommunications wireless communications systems and infrastructure equipment.infrastructure. - (8) A strategy Identification of incentives and policy options for diplomatic engagement with leveraging the communications equipment suppliers from mutual defense treaty allies, strategic partners, and other countries to share security risk information ensure that private industry in the United States has adequate sources for secure, effective, and findings pertaining to reliable 5th and future generations mobile telecommunications wireless communications systems and infrastructure equipment and cooperation on mitigating those risks.equipment. - (9) A strategy for engagements diplomatic engagement with private sector telecommunications infrastructure mutual defense treaty allies, strategic partners, and systems equipment developers other countries to share security risk information and findings on pertaining to 5th and future generations mobile telecommunication wireless communications systems and infrastructure equipment standards to secure platforms.and cooperation on mitigating those risks. - (10) A strategy for diplomatic engagements engagement with mutual defense treaty allies, strategic partners, private sector communications infrastructure and other countries systems equipment developers to share information and findings on 5th and future generations mobile telecommunication wireless communications systems and infrastructure equipment standards and standards setting bodies to promote maximum interoperability, competitiveness, openness, and secure platforms. - (11) A strategy for joint testing environments engagement with mutual defense treaty allies, strategic partners, private sector communications infrastructure and other countries systems equipment developers to ensure a trusted marketplace for 5th and future generations mobile telecommunication encourage the maximum participation possible on standards-setting bodies related to such systems and infrastructure equipment.equipment standards by public and private sector entities from the United States. - (12) A strategy for research and development by the Federal Government, in close partnership diplomatic engagement with trusted supplier entities, mutual defense treaty allies, strategic partners, and other countries to reach share information and maintain United States leadership in findings on 5th and future generations wireless communications security, including the development of an ongoing monitoring capability of 5th and future generations telecommunications systems for security vulnerabilities.and infrastructure equipment standards to promote maximum interoperability, competitiveness, openness, and secure platforms. - (13) Options A strategy for identifying diplomatic engagement with mutual defense treaty allies, strategic partners, and helping other countries to mitigate the security risks of share information and findings on 5th and future generations telecommunications wireless communications infrastructure and systems equipment concerning the standards-setting bodies related to such systems and infrastructure equipment with security flaws or vulnerabilities or equipment sourced from countries of concern that have already been put in place within mutual defense treaty allies, strategic partners, to promote maximum transparency, openness, impartiality, integrity and other countries, when in the security interests of the United States.neutrality. - (14) A description of the appropriate roles strategy for joint testing environments with mutual defense treaty allies, strategic partners, and missions of the Federal Communications Commission, the National Telecommunications other countries to ensure a trusted marketplace for 5th and Information Administration, the Department of Homeland Security, the intelligence community, the Department of Justice, future generations wireless communications systems and the Department of Defense in executing the strategy.infrastructure equipment. - (15) Development of a plan that includes interagency mechanisms A strategy for research and development by the National Telecommunications Federal Government, in close partnership with trusted supplier entities, mutual defense treaty allies, strategic partners, and Information Administration other countries to act as reach and maintain United States leadership in 5th and future generations wireless communications systems and infrastructure security, including the executive agent to coordinate implementation development of the strategy.an ongoing monitoring capability of 5th and future generations wireless communications systems to identify security vulnerabilities. - (16) An identification 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 key diplomatic, development, intelligence, military, systems and economic resources necessary to implement infrastructure of mutual defense treaty allies, strategic partners, and other countries, when in the strategy, including specific budgetary requests.security interests of the United States. - (17) A Development of a plan that includes a description of such legislative or administrative action 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 may be necessary the executive agent to carry out coordinate implementation of the strategy.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. - (e) Limitation— The strategy required by subsection (b) shall not include a recommendation or a proposal to Federalize 5th or future generations mobile telecommunications systems or infrastructure. - (f) Briefing—Public comment— Not later than 14 60 days after the date on which of the strategy required by subsection (b) is completed, enactment of this Act, the President’s designee President shall provide to the appropriate committees of Congress a briefing on seek public comment regarding the development and implementation of the strategy.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. - (g) Implementation— The National Telecommunications and Information Administration shall act as the executive agent to coordinate implementation of the strategy, and keep congressional committees apprised of progress on implementation. - (h) Form—Implementation— The strategy submitted under subsection (b) shall be submitted in unclassified form, but may include a classified annex.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.