Senate Passes FY 2020 NDAA Sans Anti-Huawei Language; Includes 5G Security, Spectrum, EAS Provisions

The Senate voted 86-8 Thursday to pass the FY 2020 National Defense Authorization Act (S-1790) with a manager's amendment that included some 5G, spectrum and emergency alerts-related proposal. Senate leaders didn't include any proposed language in the manager's amendment targeting Chinese telecom equipment manufacturer Huawei (see 1906190054). There had been separate proposals by three senators -- Ted Cruz, R-Texas; Mitt Romney, R-Utah; and Marco Rubio, R-Fla. -- amid the debate over the Commerce Department Bureau of Industry and Security notice adding Huawei and its affiliates to a list of entities subject to export administration regulations (see 1905160081). Romney was among those concerned President Donald Trump would seek to end BIS' restrictions against Huawei as part of the administration's ongoing trade talks with China (see 1905240038). The S-1790 language outlined in the manager's amendment would call for DOD to work with the FCC and NTIA to establish a spectrum sharing R&D program aimed at sharing between 5G technologies, federal and non-federal incumbent systems. The language says DOD, the FCC and NTIA officials should, by May 2020, propose an “integrated spectrum automation enterprise strategy” that will allow Defense to “address management of [spectrum], including Federal and non-Federal spectrum” shared by DOD “that could be used for national security missions in the future, including on a shared basis.” There's also language saying the secretary of defense should begin by March 15, 2020, to brief Hill committees with jurisdiction over DOD on how the department is using 5G technology and is working with other federal agencies to “develop common policies and approaches.” The manager's amendment includes a proposal from Senate Intelligence Committee Chairman Richard Burr, R-N.C., and Vice Chairman Mark Warner, D-Va., to would require the director of national intelligence to report on the extent to which “global and regional adoption” of foreign-made 5G technology affects U.S. national security. The study should in part look at how the nation's “strategy to reduce foreign influence and political pressure in international standard-setting bodies” could help mitigate the threat. Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, secured the addition of language from his Authenticating Local Emergencies and Real Threats (Alert) Act, which he first filed in response to the January 2018 false missile emergency alert in Hawaii (see 1801160054). The Alert Act would give the federal government sole authority to issue missile threat alerts and pre-empt state and local governments' role (see 1802070052). The Senate cleared the Alert Act last year by unanimous consent (see 1806270001).