S.Amdt. 6221

1. Adds SEC. ___. PROHIBITION ON CONTRACTING WITH COMPANIES THAT PURCHASE ITEMS AND SERVICES DETERMINED TO POSE A NATIONAL SECURITY RISK at the appropriate place in title X

   Adds a section

   Inserted: SEC. ___. PROHIBITION ON CONTRACTING WITH COMPANIES THAT PURCHASE ITEMS AND SERVICES DETERMINED TO POSE A NATIONAL SECURITY RISK.

   Inserted: (a) Prohibition.--The Secretary of Defense, in consultation with the heads of such other Federal agencies as the Secretary determines appropriate, shall not contract for, whether directly or through work with or on behalf of another department, agency, organization, or element of the Federal Government, any hardware, software, or services developed or provided, in whole or in part, by--

   Inserted: (1) any entity on the Entity List maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations;

   Inserted: (2) covered telecommunications equipment or services (as defined in section 52.204-25 of title 48, Code of Federal Regulations, or successor regulations); or

   Inserted: (3) any service included in the list published pursuant to section 2(a) of the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601(a)).

   Inserted: (b) Effective Date.--Subsection (a) shall take effect on October 1, 2023.

   Inserted: (c) Review and Report.--

   Inserted: (1) Review.--The Secretary of Defense shall, in consultation with the Secretary of Energy, the Secretary of Homeland Security, the Attorney General, the Administrator of the General Services Administration, the Secretary of the Treasury, and the Director of National Intelligence, conduct a review of the procedures for removing suspect products, services, or entities from contracts as required under subsection (a).

   Inserted: (2) Report.--

   Inserted: (A) In general.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the review conducted under paragraph (1).

   Inserted: (B) Elements.--The report submitted under subparagraph (A) shall include the following:

   Inserted: (i) A description of the authorities of the Department of Defense that may be used to prohibit, exclude, or prevent the use of suspect products, services, or entities by contractors of the Department, including--

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   Inserted: (I) the discretionary authorities of the Department to prohibit, exclude, or prevent the use of such products, services, or entities;

   Inserted: (II) the authorities of a suspension and debarment official to prohibit, exclude, or prevent the use of such products, services, or entities;

   Inserted: (III) authorities relating to supply chain risk management;

   Inserted: (IV) authorities that provide for the continuous monitoring of information technology networks to identify suspect products, services, or entities; and

   Inserted: (V) the authorities provided under the Federal Information Security Management Act of 2002 (Public Law 107-296).

   Inserted: (ii) An assessment of any gaps in the authorities described in clause (i), including any gaps in the enforcement of decisions made under such authorities.

   Inserted: (iii) An explanation of the capabilities and methodologies used to periodically assess and monitor the information technology networks of contractors of the Department of Defense for prohibited products, services, or entities.

   Inserted: (iv) An assessment of the ability of the Department of Defense to periodically conduct training and exercises in the use of the authorities described in clause (i)--

   Inserted: (I) to identify recommendations for streamlining process; and

   Inserted: (II) to identify recommendations for education and training curricula, to be integrated into existing training or certification courses.

   Inserted: (v) A description of information sharing mechanisms that may be used to share information about suspect products, services, or entities, including mechanisms for the sharing of such information among the Federal Government, industry, the public, and international partners.

   Inserted: (vi) Identification of existing tools for business intelligence, application management, and commerce due-diligence that are either in use by elements of the Federal Government, or that are available commercially, and may be used to monitor the supply chains of contractors of the Department of Defense.

   Inserted: (vii) Recommendations for improving the authorities, processes, resourcing, and capabilities of the Federal Government for the purpose of improving the procedures for identifying and removing prohibited products or services from the supply chain of contractors of the Department of Defense.

   Inserted: (viii) Such other matters as the Secretary considers appropriate.

   Inserted: (C) Form.--The report under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place in title X, insert the following:

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As printed