Secure 5G and Beyond Act

On March 25, 2020, the White House issued a seven-page plan that sets forward key principles in the President’s vision in securing 5G for the United States.

The “National Strategy to Secure 5G” articulates his vision for America to lead the development, deployment, and management of secure and reliable 5G communications infrastructure worldwide, arm-in-arm with our closest partners and allies, including:

  • Facilitating domestic 5G rollout;
  • Assessing the risks and identifying core security principles for 5G infrastructure;
  • Managing the risks to our economic and national security from the use of 5G infrastructure; and
  • Promoting responsible global development and deployment of 5G infrastructure

Statement by the President

March 23, 2020

Today, I have signed into law S. 893, the “Secure 5G and Beyond Act of 2020” (the “Act”).  The Act requires the President to develop and implement a strategy for the adoption of secure wireless communications technology in the United States and abroad.  The strategy will protect the American people from security threats to telecommunications networks and 5G technology.

As part of the strategy, section 4 of the Act purports to require the President to engage in international diplomacy in order to share information and pursue policy goals specified by the Congress.  Consistent with longstanding constitutional practice, my Administration will treat the relevant provisions of this section in a manner that does not interfere with the President’s exclusive constitutional authorities with respect to foreign relations, including the President’s role as the sole representative of the Nation in foreign affairs.

Section 5 of the Act further purports to condition the President’s authority to implement parts of the strategy upon the approval of the Federal Communications Commission.  My understanding is that this provision does not preclude me or future Presidents from exercising our constitutional authorities as the “sole organ” of the Nation in foreign relations and as the head of the unitary Executive Branch to ensure proper implementation of the entire strategy.

DONALD J. TRUMP

THE WHITE HOUSE,
March 23, 2020.

Read the original statement here

Read the Senate Bill 893 here

Read National Strategy to Secure 5G here

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