S.Amdt. 2193

SA 2193. Mr. JOHNSON submitted an amendment intended to be proposed
by him to the bill S. 4049, to authorize appropriations for fiscal year
2021 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle G of title VIII, add the following:

SEC. 894. CLARIFICATION OF PROHIBITION ON CONTRACTING WITH
ENTITIES THAT USE CERTAIN TELECOMMUNICATIONS
AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT.

Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (41 U.S.C. 3901 note
prec.; Public Law 115-232) is amended--
(1) in subsection (a), by adding at the end the following:
``(3) Definition.--For purposes of this subsection:
``(A) In fulfillment of the contract.--Equipment, systems,
or services are used `in fulfillment of the contract' if the
contract requires--
``(i) their use; or
``(ii) to a significant extent, their use in the
performance of a service or the furnishing of a product.
``(B) System.--The term `system' means a system used in
fulfillment of the contract.
``(C) Use.--The term `use' means use that is in fulfillment
of the contract.'';
(2) in subsection (c), by striking ``two years'' and
inserting ``three years''; and
(3) in subsection (d)(1)--
(A) in the matter preceding subparagraph (A)--
(i) by inserting after ``The waiver may be provided'' the
following: ``as a class waiver''; and
(ii) by striking ``two'' and inserting ``four''; and
(B) in subparagraph (A), by striking ``; and'' and
inserting the following: ``, and a justification for the
possible risk to the executive agency's desired security
capabilities that uses the Risk Management Framework in the
National Institute of Standards and Technology Special
Publication 800-37, Revision 2, titled `Risk Management
Framework for Information Systems and Organizations: A System
Life Cycle Approach for Security and Privacy', published in
December 2018; or''.
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