HOUSE AMENDED
PRIOR PRINTER'S NO. 272
PRINTER'S NO. 1457
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
379
Session of
2023
INTRODUCED BY PHILLIPS-HILL, PENNYCUICK, ROTHMAN, J. WARD,
BARTOLOTTA, STEFANO, GEBHARD, DUSH, ROBINSON, LAUGHLIN,
BOSCOLA AND MARTIN, FEBRUARY 9, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
MARCH 25, 2024
AN ACT
Amending 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.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 71 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART XXX
STATE-OWNED ELECTRONIC DEVICES AND NETWORKS
Chapter
71. (Reserved)
73. Unauthorized Applications
CHAPTER 71
(Reserved)
CHAPTER 73
UNAUTHORIZED APPLICATIONS
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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:
"Electronic device." A device that is capable of downloading
and accessing an unauthorized application.
"State-owned." State money was used in acquiring the device.
"Unauthorized application." The social networking service
TikTok or any successor application or service developed or
provided by ByteDance Limited or an entity owned by ByteDance
Limited.
§ 7302. Prohibition.
(a) On device.--Within three months of the effective date of
this subsection, a State-owned electronic device may not have an
unauthorized application downloaded or installed on the device.
(b) On network.--An individual may not access an
unauthorized application on a State wireless network.
(c) Exception.--Subsection (a) shall not apply to law
enforcement activities, security interests, security research or
risk mitigation actions.
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
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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
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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
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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
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.
Section 2. This act shall take effect in 60 days.
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