S.Amdt. 1106

SA 1106. Mr. SCOTT of Florida submitted an amendment intended to be
proposed to amendment SA 948 proposed by Mr. Shelby to the bill H.R.
3055, making appropriations for the Departments of Commerce and
Justice, Science, and Related Agencies for the fiscal year ending
September 30, 2020, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place in title VII of division B,
insert the following:

prohibition on use of funds for communications equipment and services
posing national security risks

Sec. 7__.  (a) Definitions.--In this section:
(1) Appropriate national security agency.--The term
``appropriate national security agency'' means--
(A) the Department of Homeland Security;
(B) the Department of Defense;
(C) the Office of the Director of National Intelligence;
(D) the National Security Agency; and
(E) the Federal Bureau of Investigation.
(2) Cloud computing.--The term ``cloud computing'' has the
meaning given the term in Special Publication 800-145 of the
National Institute of Standards and Technology, entitled
``The NIST Definition of Cloud Computing'', published
September 2011, or any successor publication.
(3) Communications network.--The term ``communications
network'' means--
(A) a system enabling the transmission, between or among
points specified by the user, of information of the choice of
the user;
(B) cloud computing resources; and
(C) a network or system used to access cloud computing
resources.
(4) Communications provider.--
(A) In general.--The term ``communications provider'' means
any provider of interstate or international communication by
wire or radio.
(B) Inclusion.--The term ``communications provider''
includes a telecommunications carrier, as defined in section
3 of the Communications Act of 1934 (47 U.S.C. 153).
(5) Covered company.--The term ``covered company'' means--
(A) Huawei Technologies Co., Limited;
(B) Zhongxing Telecommunications Equipment Corporation;
(C) a subsidiary or affiliate of a company described in
subparagraph (A) or (B);
(D) any communications provider domiciled in the People's
Republic of China (or a subsidiary or affiliate of such a
company), excluding a communications provider that--
(i) is domiciled in the People's Republic of China; and
(ii) is a subsidiary of a company that is not domiciled in
the People's Republic of China; and
(E) any entity posing a national security risk, as
determined by the Secretary in accordance with subsection
(d).
(6) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Prohibition.--Except as provided in subsection (c),
none of the funds made available under the heading ``rural
electrification and telecommunications--loans program account
(including transfer of funds)'' under the heading ``Rural
Utilities Service'' under the heading ``RURAL DEVELOPMENT
PROGRAMS'' in title III may be used to purchase
communications equipment and services from--
(1) a covered company; or
(2) any other company that is subject to extrajudicial
direction from a foreign government.
(c) Exemptions.--The Secretary may exempt types or
categories of equipment, services, or components of equipment
or services that do not pose an undue risk of sabotage to or
subversion of the design, integrity, manufacturing,
production, distribution, installation, operation, or
maintenance of communications networks in the United States.
(d) Entities Posing a National Security Risk.--In
determining the entities posing a national security risk
under subsection (a)(5)(E), the Secretary shall rely solely
on a determination made--
(1) by--
(A) an appropriate national security agency;
(B) an interagency body that includes appropriate national
security expertise, including the Federal Acquisition
Security Council established under section 1322 of title 41,
United States Code; or
(C) Congress; or
(2) under Executive Order 13873 (84 Fed. Reg. 22689;
relating to securing the information and communications
technology and services supply chain), including any
implementing regulations for that Executive Order.
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