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22 U.S.C. § 2679e — List of certain telecommunications providers

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2679e — List of certain telecommunications providers

**(a) List of covered contractors** Not later than 30 days after December 27, 2021, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. **(b) Covered contractor defined** In this section, the term “covered contractor” means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbi

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Stable record: federal_law:legal_authorities:record_usc_c4900499a9f0ecccd752571f
Source file: Laws/federal/codes/united-states-code/title-22/section-2679e-list-of-certain-telecommunications-providers--f0b1dd894e.md
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Source location: Title 22, Chapter 38, § 2679e; chapter-038-department-of-state.md

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**(a) List of covered contractors** Not later than 30 days after December 27, 2021, the Secretary, in consultation with the Director of National Intelligence and other appropriate Federal agencies as determined jointly by the Secretary and the Director of National Intelligence, shall develop or maintain, as the case may be, and update as frequently as the Secretary determines appropriate, a list of covered contractors with respect to which the Department should seek to avoid entering into contracts. Not later than 30 days after the initial development of the list under this subsection, any update thereto, and annually thereafter for 5 years after such initial 30 day period, the Secretary shall submit to the appropriate congressional committees a copy of such list. **(b) Covered contractor defined** In this section, the term “covered contractor” means a provider of telecommunications, telecommunications equipment, or information technology equipment, including hardware, software, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveillance, including passive or active monitoring, carried out against— (1) the United States by, or on behalf of, any government, or persons associated with such government, listed as a cyber threat actor in the intelligence community’s 2017 assessment of worldwide threats to United States national security or any subsequent worldwide threat assessment of the intelligence community; or (2) individuals, including activists, journalists, opposition politicians, or other individuals for the purposes of suppressing dissent or intimidating critics, on behalf of a country included in the annual country reports on human rights practices of the Department for systematic acts of political repression, including arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 263c — Restrictions

Unless authorized by law, neither the President nor any person or agency shall, on behalf of the United States— (1) subscribe to additional shares of stock of the Agency; (2) vote for or agree to any amendment of the Convention which increases the obligations of the United States, or which changes the purpose or functions of the Agency; or (3) make a loan or provide other financing to the Agency.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3237 — Measures to mitigate counterintelligence threats from proliferation and use of foreign commercial spyware

**(a) Definitions** In this section: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means— (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on the Judiciary, the Committee on Appropriations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on Armed Services, the Committee on Financial Services, the Committee on the Judiciary, the Committee on Appropriations, the Committee on Homeland Security, and the Committee on Oversight and Reform of the House of Representatives. (2) **Covered entity** — The term “covered entity” means any foreign company that either directly or indirectly develops, maintains, owns, operates, brokers, markets, sells, leases, licenses, or otherwise makes available spyware. (3) **Foreign commercial spyware** — The term “foreign commercial spyware” means spyware that is developed (solely or in partnership with a foreign company), maintained, sold, leased, licensed, marketed, sourced (in whole or in part), or otherwise provided, either directly or indirectly, by a foreign company. (4) **Foreign company** — The term “foreign company” means a company that is incorporated or domiciled outside of the United States, including any subsidiaries or affiliates wherever such subsidiaries or affiliates are domiciled or incorporated. (5) **Spyware** — The term “spyware” means a tool or set of tools that operate as an end-to-end system of software to provide an unauthorized user remote access to information stored on or transiting through an electro

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2679e — List of certain telecommunications pro-

Page 1117 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2679e cern which is controlled in fact by such do- mestic concern, as determined under regula- tions of the President. ‘‘(b) CERTIFICATION.—By submitting this offer, the Offeror certifies that it is not— ‘‘(1) taking or knowingly agreeing to take any action, with respect to the boycott of Israel by Arab League countries, which section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)) prohibits a United States person from taking; or ‘‘(2) discriminating in the award of sub- contracts on the basis of religion.’’ (2) An Offeror would not be required to include the certification required by paragraph (1), if the Offeror is deemed not to comply with the Arab League boycott of Israel by the Secretary of State or a designee on the basis of available information. Certification by the Secretary of State or a designee may occur only 30 days after notice has been given to the Congress that this certification procedure will be utilized at a spe- cific overseas mission. (3) The Secretary of State shall ensure that all State Department contract solicitations include a detailed explanation of the requirements of section 4607(a) 2 of title 50. (d) Review and termination (1) The Department of State shall conduct re- views of the certifications submitted pursuant to this section for the purpose of assessing the accuracy of the certifications. (2) Upon complaint of any foreign or United States person of a violation of the certification as required by this section, filed with the Sec- retary of State, the Department of State shall investigate such complaint, and if such com- plaint is found to be correct and a violation of the certification has been found, all contracts with such viola

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