S0379B0272A03719 MSP:EJH 03/21/24 #90 A03719
AMENDMENTS TO SENATE BILL NO. 379
Sponsor: REPRESENTATIVE PISCIOTTANO
Printer's No. 272
Amend Bill, page 1, lines 2 and 3, by striking out "the
prohibition of" in line 2 and all of line 3 and inserting
protection of State-owned electronic devices and networks from
applications controlled by foreign adversaries.
Amend Bill, page 1, lines 8 through 18; page 2, lines 1
through 21; by striking out all of said lines on said pages and
inserting
PART XXX
PROTECTION OF STATE-OWNED ELECTRONIC DEVICES AND NETWORKS FROM
APPLICATIONS CONTROLLED BY FOREIGN ADVERSARIES
Chapter
71. (Reserved)
73. Prohibition of Unauthorized Foreign Adversary Controlled
Applications
CHAPTER 71
(Reserved)
CHAPTER 73
PROHIBITION OF UNAUTHORIZED FOREIGN ADVERSARY CONTROLLED
APPLICATIONS
Sec.
7301. Definitions.
7302. Prohibition.
§ 7301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Commonwealth government." As defined under 2 Pa.C.S. § 101
(relating to definitions).
"Controlled by a foreign adversary." Any of the following:
(1) A covered company to which any of the following
apply:
(i) A foreign person that is domiciled in, is
headquartered in, has the person's principal place of
business in or is organized under the laws of a foreign
adversary country.
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(ii) An entity of which a foreign person or
combination of foreign persons described under
subparagraph (i) directly or indirectly own at least 20%.
(iii) A person subject to the direction or control
of a foreign person or entity described under
subparagraph (i) or (ii).
(2) A foreign entity that:
(i) is subject to an active investigation by the
Federal Committee on Foreign Investment in the United
States in relation to a transaction;
(ii) has had a transaction blocked by the Federal
Committee on Foreign Investment in the United States; or
(iii) has been ordered by the Federal Committee on
Foreign Investment in the United States to divest from an
asset.
"Covered company." An entity that operates, directly or
indirectly, including, but not limited to, through a parent
company, subsidiary or affiliate, that is controlled by a
foreign adversary country.
"Foreign adversary country." A country listed under 10
U.S.C. § 4872(d)(2) (relating to acquisition of sensitive
materials from non-allied foreign nations: prohibition).
"Local education agency." As defined under section 220(c) of
the act of March 10, 1949 (P.L. 30,No. 14), known as the Public
School Code of 1949.
"State-owned electronic device." A device with the capacity
to install, maintain or update an unauthorized foreign adversary
controlled application under the express control, ownership or
operation of either:
(1) the Commonwealth government;
(2) a political subdivision of the Commonwealth
government; or
(3) a local education agency.
"State-owned wireless network." A network with the capacity
to install, maintain or update an unauthorized foreign adversary
controlled application under the express control, ownership or
operation of one of the following:
(1) the Commonwealth government;
(2) a political subdivision of the Commonwealth
government; or
(3) a local education agency.
"Unauthorized foreign adversary controlled application." A
website, desktop application, mobile application or augmented or
immersive technology application that is operated, directly or
indirectly, by a covered company or an entity owned or
controlled by a covered company.
§ 7302. Prohibition.
(a) On device.--No State-owned electronic device may have an
unauthorized foreign adversary controlled application downloaded
or installed on the device.
(b) On network.--An individual may not access or attempt to
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access an unauthorized foreign adversary controlled application
through a State-owned wireless network.
(c) Exception.--Subsection (a) shall not apply to law
enforcement activities, security interests, security research or
risk mitigation actions.
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