Last week, the Senate Commerce Committee held a markup where it unanimously passed two pieces of legislation aimed at improving U.S. fifth-generation wireless network (5G) security measures out of committee: the Secure 5G and Beyond Act (S. 893) and the United States 5G Leadership Act (S. 1625).  These bills—passed as Congress, the Administration, and the private sector are engaged in a public debate over how to best secure U.S. wireless networks and other technologies from foreign adversaries—are among the first pieces of legislation on 5G and national security to emerge from committee since the deployment of 5G began this year.

The advancement of these bills reflects the growing concern in Congress that the U.S. government must prioritize 5G security.  During the last Congress, the House and Senate both passed resolutions emphasizing the critical need for continued U.S. leadership in the development of next-generation wireless technology and in the establishment of global 5G standards.  This Congress, members continue to focus heavily on 5G leadership and national security: at least twenty bills introduced this year explicitly aim to bolster U.S. leadership in 5G or protect 5G networks and infrastructure from foreign influence.

The two bills passed at last week’s markup are part of this trend.  The Secure 5G and Beyond Act, first introduced in March 2019 by Senators John Cornyn (R-TX), Richard Burr (R-NC), and Mark Warner (D-VA), requires the Administration to develop a detailed domestic security strategy to ensure the safety of 5G wireless systems and infrastructure and to develop a broader strategy for U.S. R&D leadership in 5G.  The bill also calls for further research and development in critical technologies and workforce development that will lead to secure, effective, and reliable deployment of 5G and other next generation wireless systems.  The bill was ordered out of committee as amended, including an amendment from Senator Ted Cruz (R-TX) calling for the security strategy to include an assessment of the global competitiveness and vulnerabilities of U.S. 5G and future-generation manufacturers and suppliers and a substitute bill from Senator Roger Wicker (R-MS) that added to the list of required strategy elements mandatory private sector and international engagement on 5G standards-setting bodies.  A companion House bill, H.R. 2881, was introduced by Rep. Abigail Spanberger (D-VA-7) in May, but has not received a hearing.

The Committee also unanimously reported the United States 5G Leadership Act.  First introduced by Senators Roger Wicker (R-MS), Tom Cotton (R-AR), Warner, Ed Markey (D-MA), and Dan Sullivan (R-AK), this legislation would prohibit any federal funds from being used to “purchase communications equipment or services” from Huawei, ZTE, or other entities deemed by the national security agencies or the Federal Communications Commission (FCC) to pose a potential national security risk.  The bill would require the FCC to complete its ongoing rulemaking—first launched in 2017—to make exemptions from the funding ban.  The bill would also create a Supply Chain Security Trust Fund grant program to help U.S. communications providers replace equipment supplied by covered companies.

In addition to these two bills, the Senate has also called attention to the issue of 5G development and security during hearings in the 116th Congress.  In February 2019, the Senate Commerce Committee held a hearing on “Winning the Race to 5G and the Next Era of Technology Innovation in the United States.”  At that hearing, witnesses testified to the importance of innovating not just in regards to the transformational effects of 5G deployments in new fields like connected cars and virtual reality, but also in regards to the equipment that makes such deployments possible: secure networks and mobile device chipsets.  In April 2019, the Senate Commerce Committee also held a hearing on the topic of “Strengthening the Cybersecurity of the Internet of Things,” during which senators and industry representatives agreed that 5G network security would be crucial to the maintenance of IoT device security.

In May 2019, the Senate Judiciary Committee held a hearing on “5G: National Security Concerns, Intellectual Property Issues, and the Impact on Competition and Innovation.”  At that hearing, senators and witnesses raised concerns about supply chain security vulnerabilities of using foreign 5G equipment to build out national networks.  Other hearings, bills, and resolutions have discussed the importance of 5G innovation to maintaining secure defense systems and developing new sectors of the American economy.  For example, Senator Ron Johnson (R-WI) introduced a resolution deeming it a “national priority for the U.S. to lead the world in the development and deployment” of 5G technology and strongly urging federal agencies to work with the FCC to advance the goal of U.S. 5G leadership, and Rep. Raja Krishnamoorthi (D-IL-8) introduced a bill that would require the Director of National Intelligence to submit a report on the national security threat posed by 5G technology and the effect of possible efforts to mitigate the threat.

As the year continues, we expect to see sustained attention paid to 5G innovation, and will continue to monitor executive and legislative action, including hearings, future bills, and movement on existing bills, in this space.

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Photo of Holly Fechner Holly Fechner

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of…

Holly Fechner advises clients on complex public policy matters that combine legal and political opportunities and risks. She leads teams that represent companies, entities, and organizations in significant policy and regulatory matters before Congress and the Executive Branch.

She is a co-chair of the Covington’s Technology Industry Group and a member of the Covington Political Action Committee board of directors.

Holly works with clients to:

  • Develop compelling public policy strategies
  • Research law and draft legislation and policy
  • Draft testimony, comments, fact sheets, letters and other documents
  • Advocate before Congress and the Executive Branch
  • Form and manage coalitions
  • Develop communications strategies

She is the Executive Director of Invent Together and a visiting lecturer at the Harvard Kennedy School of Government. She serves on the board of directors of the American Constitution Society.

Holly served as Policy Director for Senator Edward M. Kennedy (D-MA) and Chief Labor and Pensions Counsel for the Senate Health, Education, Labor & Pensions Committee.

She received The American Lawyer, “Dealmaker of the Year” award in 2019. The Hill named her a “Top Lobbyist” from 2013 to the present, and she has been ranked by Chambers USA – America’s Leading Business Lawyers from 2012 to the present. One client noted to Chambers: “Holly is an exceptional attorney who excels in government relations and policy discussions. She has an incisive analytical skill set which gives her the capability of understanding extremely complex legal and institutional matters.” According to another client surveyed by Chambers, “Holly is incredibly intelligent, effective and responsive. She also leads the team in a way that brings out everyone’s best work.”

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Photo of Matthew Shapanka Matthew Shapanka

Matthew Shapanka practices at the intersection of law, policy, and politics, advising clients on important legislative, regulatory and enforcement matters before Congress, state legislatures, and government agencies that present significant legal, political, and business opportunities and risks.

Drawing on more than 15 years…

Matthew Shapanka practices at the intersection of law, policy, and politics, advising clients on important legislative, regulatory and enforcement matters before Congress, state legislatures, and government agencies that present significant legal, political, and business opportunities and risks.

Drawing on more than 15 years of experience on Capitol Hill, private practice, state government, and political campaigns, Matt develops and executes complex, multifaceted public policy initiatives for clients seeking actions by Congress, state legislatures, and federal and state government agencies. He regularly counsels businesses—especially technology companies—on matters involving intellectual property, national security, and regulation of critical and emerging technologies like artificial intelligence and autonomous vehicles.

Matt rejoined Covington after serving as Chief Counsel for the U.S. Senate Committee on Rules and Administration, where he advised Chairwoman Amy Klobuchar (D-MN) on all legal, policy, and oversight matters before the Committee, particularly federal election and campaign finance law, Federal Election Commission nominations, and oversight of the legislative branch, including U.S. Capitol security after the January 6, 2021 attack and the rules and procedures governing the Senate. Most significantly, Matt led the Committee’s staff work on the Electoral Count Reform Act – a landmark bipartisan law that updates the procedures for certifying and counting votes in presidential elections—and the Committee’s joint bipartisan investigation (with the Homeland Security Committee) into the security planning and response to the January 6th attack.

Both in Congress and at Covington, Matt has prepared dozens of corporate and nonprofit executives, academics, government officials, and presidential nominees for testimony at congressional committee hearings and depositions. He is a skilled legislative drafter who has composed dozens of bills and amendments introduced in Congress and state legislatures, including several that have been enacted into law across multiple policy areas. Matt also leads the firm’s state policy practice, advising clients on complex multistate legislative and regulatory policy matters and managing state advocacy efforts.

In addition to his policy work, Matt advises and represents clients on the full range of political law compliance and enforcement matters involving federal election, campaign finance, lobbying, and government ethics laws, the Securities and Exchange Commission’s “Pay-to-Play” rule, and the election and political laws of states and municipalities across the country.

Before law school, Matt served in the administration of former Governor Deval Patrick (D-MA) as a research analyst in the Massachusetts Recovery & Reinvestment Office, where he worked on policy, communications, and compliance matters for federal economic recovery funding awarded to the state. He has also staffed federal, state, and local political candidates in Massachusetts and New Hampshire.

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