[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Page S3583]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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