S.Amdt. 3855

SA 3855. Mr. RUBIO submitted an amendment intended to be proposed to
amendment SA 3695 proposed by Mr. Shelby to the bill H.R. 6157, making
appropriations for the Department of Defense for the fiscal year ending
September 30, 2019, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place in division A, insert the
following:
Sec. ____. (a) Not later than 90 days after the date of the
enactment of this Act, and every 90 days thereafter, the
Secretary of Defense, in consultation with the Director of
National Intelligence, shall certify to the congressional
defense committees and the congressional intelligence
committees that there are no known devices, components,
subcomponents, or software embedded within or with access to
any operational or business data or voice network of the
Department of Defense, including intranets, that are produced
by Huawei Technologies Company, ZTE Corporation, any
subsidiary or affiliate of such entity, or any other Chinese
telecommunication or technology entity.
(b) If it is not possible to make a certification under
subsection (a), the Secretary of Defense, in consultation
with the Director of National Intelligence, shall submit to
the congressional defense committees a report detailing all
instances of known devices, components, subcomponents, or
software embedded within or with access to any operational or
business data or voice network of the Department of Defense,
including intranets, that are produced by Huawei Technologies
Company, ZTE Corporation, any subsidiary or affiliate of such
entity, or any other Chinese telecommunication or technology
entity, and including a plan to excise such devices,
components, subcomponents, or software within 30 days of the
report.
(c)(1) Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense, in
consultation with the Director of National Intelligence,
shall submit to the congressional defense committees and the
congressional intelligence committees a report on the
following:
(A) The threat that incorporating devices, components,
subcomponents, or software produced by Chinese
telecommunication or technology entities into operational or
business data and voice networks of the Department of Defense
poses to the national security of the United States.
(B) The extent to which Chinese telecommunications
equipment and components are embedded within operational or
business data and voice networks of the Department of
Defense, and how many Chinese telecommunications technology
components have been removed during the two-year period
preceding the report.
(C) The prevalence of Chinese-origin telecommunications
equipment available for sale on military installations of the
United States.
(D) The privacy and security threats posed to members of
the Armed Forces and their families by the use of Chinese-
origin telecommunications devices, components, subcomponents,
and software, including mobile phones, fitness monitors with
tracking capabilities, routers, and other household
components.
(2) The report required by paragraph (1) shall be submitted
in unclassified form but may include a classified annex.
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