[Congressional Record Volume 165, Number 169 (Thursday, October 24, 2019)]
[Senate]
[Page S6171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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