SB 379 — An Act amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, providing for protection of State-owned electronic devices and networks from applications controlled by foreign adversaries.

HOUSE AMENDED PRIOR PRINTER'S NO.

272 THEPRINTER'S GENERALNO. ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

3791457 2023THE INTRODUCEDGENERAL BYASSEMBLY PHILLIPS-HILL,OF PENNYCUICK,PENNSYLVANIA ROTHMAN,SENATE J.BILL Session of No.

WARD,379 BARTOLOTTA,2023 INTBARTOLOTTA, STEFANO, GEBHARD, DUSHDUSH, ROBINSON, LAUGHLIN, BOSCOLA AND ROBINSON,MARTIN, FEBRUARY 9, 2023 REFERREDAS TOMARCH COMMUNICATIONS25, AND2024OND TECHNOLOGY,CONSIDERATION, FEBRUARYHOUSE 9,OF 2023REPRESENTATIVES, AN ACT AmeConsolidatedAmending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, providing for the prohibition of <-- unauthorized applications.

PROTECTION OF STATE-OWNED <-- ELECTRONIC DEVICES AND NETWORKS FROM APPLICATIONS CONTROLLED BY FOREIGN ADVERSARIES.

PART XXX <-- STATE-OWNED ELECTRONIC DEVICES AND NETWORKS Chapter 71.

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 20230SB0379PN1457 - 2 - 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.

(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 20230SB0379PN1457 - 3 - 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;