S.Amdt. 4822

SA 4822. Mrs. BLACKBURN submitted an amendment intended to be
proposed to amendment SA 3867 submitted by Mr. Reed and intended to be
proposed to the bill H.R. 4350, to authorize appropriations for fiscal
year 2022 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:

Strike section 853 and insert the following:

SEC. 853. DETERMINATION WITH RESPECT TO OPTICAL FIBER FOR
DEPARTMENT OF DEFENSE PURPOSES.

(a) Determination.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Commerce, in
consultation with the Secretary of Defense and the Director
of the Cybersecurity and Infrastructure Security Agency,
shall determine whether access, metro, and long-haul passive
optical fiber and optical fiber cable that is manufactured or
produced by an entity owned or controlled by the People's
Republic of China pose an unacceptable risk to the national
security of the United States or the security and safety of
United States persons pursuant to section 2(b)(1) of the
Secure and Trusted Communications Networks Act of 2019 (47
U.S.C. 1601(b)(1)).
(2) Applicability.--If the Secretary of Commerce makes a
determination that any such optical fiber or optical fiber
cable would pose an unacceptable risk to the national
security of the United States or the security and safety of
United States persons, and the Commission makes the
determination required under section 2(b)(2) of the Secure
and Trusted Communications Networks Act (47 U.S.C.
1601(b)(2)), the inclusion of such optical fiber and optical
fiber cable on the covered communications equipment and
services list shall apply only to such optical fiber or
optical fiber cable deployed after such determination.
(b) Notification Requirement.--Not later than 180 days
after the date of the enactment of this Act, the Secretary of
Commerce shall notify the congressional defense committees,
the Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Energy and Commerce of the House
of Representatives of the findings of the review and
determination required under subsection (a), publish the
determination in the Federal Register, and submit that
determination to the relevant Federal agencies, including the
Department of Defense, the Cybersecurity and Infrastructure
Security Agency, and the Federal Communications Commission.
(c) Savings Clause.--No determination made under section
(a) shall impact the current filing and reimbursement process
for the Secure and Trusted Communications Networks
Reimbursement Program at the Federal Communications
Commission.
(d) Definitions.--In this section:
(1) The term ``access'' means optical fiber and optical
fiber cable that connects subscribers (residential and
business) and radio sites to a service provider.
(2) The term ``control'' means the ability to determine the
outcome of decision-making for a company through the
strategic policy setting exercised by boards of directors or
similar organizational governance bodies and the day-to-day
management and administration of business operations as
overseen by principals.
(3) The term ``long haul'' means optical fiber and optical
fiber cable that connects cities and metropolitan areas.
(4) The term ``metro'' means optical fiber and optical
fiber cable that connects city

[[Page S8514]]

business districts and central city and suburban areas.
(5) The term ``passive'' means unpowered optical fiber and
optical fiber cable.
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