President Trump Signs Secure 5G and Beyond Act and Broadband DATA Act, Releases Statement

March 23, President Donald Trump signed into law the “Secure 5G and Beyond Act of 2020” (S 893). The Act requires the President to develop and implement a strategy for the adoption of secure wireless communications technology in the US 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, the Trump 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.