S.Amdt. 6214

This amendment, submitted by Mr. Banks for bill S. 4784, aims to add a requirement for annual determinations regarding whether certain entities on the Department of Defense Chinese Military Company List pose risks to the United States.

The amendment changes the bill by adding the following requirements:

• Request for Determination: The Federal Communications Commission (Commission) must request that an interagency body determine if communications equipment or services from entities on the Department of Defense Chinese Military Company List, or their affiliates, subsidiaries, or joint venture partners, pose unacceptable risks to U.S. national security or the safety and security of U.S. persons.

• Required Assessments: An interagency body must make a specific assessment for several listed entities (including their affiliates, subsidiaries, or joint venture partners), such as:

  • Hangzhou Yushu Technology Co., Ltd. (Unitree)
  • BGI Group
  • MGI Tech Co., Ltd.
  • Quectel Wireless Solutions Co., Ltd.
  • China Mobile Communications Group Co., Ltd.
  • Contemporary Amperex Technology Co., Limited (CATL)
  • BYD Co., Ltd.
  • WuXi AppTec Co., Ltd.
  • Yangtze Memory Technologies Co., Ltd. (YMTC)
  • ChangXin Memory Technologies, Inc. (CXMT)

• Review Criteria: The interagency body must consider if the equipment or services can be used for surveillance and data collection, contain backdoors or malicious code, are subject to laws of the People's Republic of China that compel assistance to Chinese intelligence or security services, or otherwise pose an unacceptable risk.

• Outcome of Determination: The interagency body must send its determination to the Commission and report the results to the appropriate congressional committees. If an entity is found to pose unacceptable risks, the Commission must add those communications equipment or services to the list published under the Secure and Trusted Communications Networks Act of 2019.