S.Amdt. 779

SA 779. Mr. GARDNER submitted an amendment intended to be proposed by
him to the bill H.R. 2810, to authorize appropriations for fiscal year
2018 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. PROHIBITION ON CONTRACTING WITH CERTAIN
TELECOMMUNICATIONS PROVIDERS.

(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Director of
National Intelligence shall develop a list of covered
contractors, to be updated as frequently as the Director
determines appropriate, and shall make such list available to
the Secretary of Defense.
(b) Prohibition on Contracts.--The Secretary of Defense may
not enter into a contract with a covered contractor on the
list described under subsection (a).
(c) Removal From List.--To be removed from the list
described in subsection (a), a covered contractor may submit
a request to the Director in such manner as the Director
determines appropriate. Upon certification of the request,
the Director shall remove the covered contractor from the
list.
(d) Waiver.--The President may waive the requirements of
subsection (b) if the President determines that the waiver is
justified for national security reasons.
(e) Covered Contractor Defined.--The term ``covered
contractor'' means a provider of telecommunications or
telecommunications equipment that has been found by the
Director to have knowingly assisted or facilitated a cyber
attack carried out by or on behalf of the government of the
Democratic People's Republic of Korea or persons associated
with such government.
(f) Effective Date.--This section shall apply with respect
to contracts of a covered contractor entered into on or after
the date of the enactment of this Act.
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