[Congressional Record Volume 163, Number 142 (Tuesday, September 5, 2017)]
[Senate]
[Page S4943]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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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