In the nature of a substitute.

SA 1510. Mr. McCONNELL (for Mr. Cornyn) proposed an amendment to the
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; 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
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.--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 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.

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) 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) 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) 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

[[Page S1502]]

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 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.--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) 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.--
(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.
______