PRINTER'SS0379B0272A03719 MSP:EJH 03/21/24 #90 A03719 AMENDMENTS TO SENATE BILL NO.

272379 THESponsor: GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

379REPRESENTATIVE 2023PISCIOTTANO INTRODUCEDPrinter's BYNo. PHILLIPS-HILL, PENNYCUICK, ROTHMAN, J.

WARD,272 BARTOLOTTA,Amend STEFANO,Bill, GEBHARD,page DUSH1, ANDlines ROBINSON,2 FEBRUARYand 9,3, 2023by REFERREDstriking TOout COMMUNICATIONS"the ANDprohibition TECHNOLOGY,of" FEBRUARYin 9,line 20232 ANand ACTall AmeConsolidatedof Statutes,line providing3 forand theinserting prohibitionprotection of unauthorizedState-owned applications.electronic devices and networks from applications controlled by foreign adversaries.

TheAmend GeneralBill, Assemblypage of1, thelines Commonwealth8 ofthrough Pennsylvania18; hereby enacts as follows:

Sectionpage 1.2, lines 1 through 21;

Titleby 71striking out all of thesaid Pennsylvanialines Consolidatedon Statutessaid ispages amendedand byinserting addingPART aXXX partPROTECTION toOF read:STATE-OWNED ELECTRONIC DEVICES AND NETWORKS FROM APPLICATIONS CONTROLLED BY FOREIGN ADVERSARIES Chapter 71.

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

Prohibition of Unauthorized Foreign Adversary Controlled Applications CHAPTER 71 (Reserved) CHAPTER 73 PROHIBITION OF UNAUTHORIZED FOREIGN ADVERSARY CONTROLLED APPLICATIONS Sec.

"Electronic"Commonwealth device."government." AAs devicedefined thatunder is2 capablePa.C.S. of downloading and accessing an unauthorized application.

"State-owned."§ State101 money(relating wasto useddefinitions). in acquiring the device.

"Unauthorized"Controlled application." The social networking service TikTok or any successor application or service developed or provided by ByteDancea Limitedforeign oradversary." anAny entityof ownedthe byfollowing: ByteDance Limited.

(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.

2024/90MSP/SB0379A03719 - 1 - (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.

(a) On device.--Withindevice.--No three months of the effective date of this subsection, a State-owned electronic device may not have an unauthorized foreign adversary controlled application downloaded or installed on the device.

(b) On network.--An individual may not access or attempt to 2024/90MSP/SB0379A03719 - 2 - access an unauthorized foreign adversary controlled application onthrough a StateState-owned wireless network.

Section2024/90MSP/SB0379A03719 2.- 3 -

This act shall take effect in 60 days.