[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8513-S8514]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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