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 violator shall be terminated for de- fault as soon as practicable, and, for a period of two years thereafter, the State Department shall not enter into any contracts with such a violator. (Pub. L. 103–236, title V, § 565, Apr. 30, 1994, 108 Stat. 484; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1336(3), Oct. 21, 1998, 112 Stat. 2681–790.) Editorial Notes REFERENCES IN TEXT Section 4607(a) of title 50, referred to in subsecs. (a)(2)(A), (3) and (c)(3), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Section 4618(2) of title 50, referred to in subsec. (a)(2)(B), was repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. Section 8(a) of the Export Administration Act of 1979 (50 U.S.C. App. 2407(a)), referred to in subsec. (c)(1) in the quoted clause, is section 8(a) of Pub. L. 96–72, Sept. 29, 1979, 93 Stat. 521, which was editorially transferred to section 4607(a) of Title 50, War and National Defense, and was subsequently repealed by Pub. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. CODIFICATION In subsec. (a)(1), ‘‘section 134 of title 41’’ substituted for ‘‘section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))’’ on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act en- acted Title 41, Public Contracts. AMENDMENTS 1998—Subsec. (e). Pub. L. 105–277 struck out heading and text of subsec. (e). Text read as follows: ‘‘The provi- sions of this section shall apply to the United States Information Agency in the same manner and extent to which such provisions apply to the Department of State. In the application of this section to the United States Information Agency, the Director of the United States Information Agency or a designee shall have the authorities and responsibilities of the Secretary of State.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as an Effec- tive Date note under section 6531 of this title. SHORT TITLE Pub. L. 103–236, title V, § 561, Apr. 30, 1994, 108 Stat. 483, provided that: ‘‘This part [part C (§§ 561–565) of title V of Pub. L. 103–236, enacting this section and provi- sions set out as a note under section 2751 of this title] may be cited as the ‘Anti-Economic Discrimination Act of 1994’.’’ § 2679d. Exemption from certain procurement protest procedures for noncompetitive con- tracting in emergency circumstances A determination by the Department to use procedures other than competitive procedures under section 3304 of title 41 in order to meet emergency security requirements, as determined by the Secretary or the Secretary’s designee, in- cluding physical security upgrades, protective equipment, and other immediate threat mitiga- tion projects, shall not be subject to challenge by protest under either subchapter V of chapter 35 of title 31 or section 1491 of title 28. (Pub. L. 114–323, title I, § 115, Dec. 16, 2016, 130 Stat. 1911.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Department’’ and ‘‘Secretary’’ as used in this section, see section 2 of Pub. L. 114–323, set out as a note under section 2651 of this title. § 2679e. List of certain telecommunications pro- viders (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 Intel- ligence, shall develop or maintain, as the case may be, and update as frequently as the Sec- retary determines appropriate, a list of covered contractors with respect to which the Depart- ment should seek to avoid entering into con- tracts. 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 Sec- retary shall submit to the appropriate congres- sional committees a copy of such list. (b) Covered contractor defined In this section, the term ‘‘covered contractor’’ means a provider of telecommunications, tele- Page 1118 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2680 communications equipment, or information technology equipment, including hardware, soft- ware, or services, that has knowingly assisted or facilitated a cyber attack or conducted surveil- lance, 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, journal- ists, opposition politicians, or other individ- uals for the purposes of suppressing dissent or intimidating critics, on behalf of a country in- cluded in the annual country reports on human rights practices of the Department for systematic acts of political repression, includ- ing arbitrary arrest or detention, torture, extrajudicial or politically motivated killing, or other gross violations of human rights. (Pub. L. 117–81, div. E, title LV, § 5502, Dec. 27, 2021, 135 Stat. 2375.) Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’, ‘‘Department’’, and ‘‘appropriate congressional committees’’ as used in this section, see section 5002 of Pub. L. 117–81, set out as a note under section 263c of this title. Pub. L. 117–81, div. E, title LV, § 5501, Dec. 27, 2021, 135 Stat. 2375, provided that: ‘‘In this title [enacting this section and amending sections 4352 and 4354 of this title]: ‘‘(1) INTELLIGENCE COMMUNITY.—The term ‘intel- ligence community’ has the meaning given such term in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4)). ‘‘(2) RELEVANT CONGRESSIONAL COMMITTEES.—The term ‘relevant congressional committees’ means— ‘‘(A) the appropriate congressional committees; ‘‘(B) the Select Committee on Intelligence of the Senate; and ‘‘(C) the Permanent Select Committee on Intel- ligence of the House of Representatives.’’ § 2680. Appropriations for State Department; in- formation to congressional committees (a)(1) Notwithstanding any provision of law enacted before October 26, 1974, no money appro- priated to the Department of State under any law shall be available for obligation or expendi- ture with respect to any fiscal year commencing on or after July 1, 1972— (A) unless the appropriation thereof has been authorized by law enacted on or after February 7, 1972; or (B) in excess of an amount prescribed by law enacted on or after such date. (2) To the extent that legislation enacted after the making of an appropriation to the Depart- ment of State authorizes the obligation or ex- penditure thereof the limitation contained in paragraph (1) shall have no effect. (3) The provisions of this section— (A) shall not be superseded except by a pro- vision of law enacted after February 7, 1972, which specifically repeals, modifies, or super- sedes the provisions of this section; and (B) shall not apply to, or affect in any man- ner, permanent appropriations, trust funds, and other similar accounts administered by the Department as authorized by law. (b) The Department of State shall keep the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives fully and currently in- formed with respect to all activities and respon- sibilities within the jurisdiction of these com- mittees. Any Federal department, agency, or independent establishment shall furnish any in- formation requested by either such committee relating to any such activity or responsibility. (Aug. 1, 1956, ch. 841, title I, § 15, 70 Stat. 892; Pub. L. 92–226, pt. IV, § 407(b), Feb. 7, 1972, 86 Stat. 35; Pub. L. 92–352, title I, § 102, July 13, 1972, 86 Stat. 490; Pub. L. 93–475, § 11, Oct. 26, 1974, 88 Stat. 1442; H. Res. 163, Mar. 19, 1975; renumbered title I, Pub. L. 97–241, title II, § 202(a), Aug. 24, 1982, 96 Stat. 282.) Editorial Notes CODIFICATION Section was formerly classified to section 170t of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. AMENDMENTS 1974—Subsec. (a). Pub. L. 93–475 incorporated existing provisions into par. (1) preceding subpar. (A), and par. 3(B), added pars. (1)(A), (B), (2), and (3)(A), and sub- stituted ‘‘enacted before October 26, 1974, no money ap- propriated to the Department of State under any law shall be available for obligation or expenditure with re- spect to any fiscal year commencing on or after July 1, 1972’’ of ‘‘, no appropriation shall be made to the De- partment of State under any law for any fiscal year commencing on or after July 1, 1972, unless previously authorized by legislation hereafter enacted by the Con- gress.’’, in par. (1) preceding subpar. (A), and ‘‘section’’ for ‘‘subsection’’ in par. (3). 1972—Subsec. (a). Pub. L. 92–352 inserted provisions that this subsection shall not apply to, or affect in any manner, permanent appropriations, trust funds, and other similar accounts administered by the Depart- ment as authorized by law. Pub. L. 92–226 substituted provisions constituting subsecs. (a) and (b) and prohibiting any State Depart- ment appropriation on and after July 1, 1972, without a prior congressional legislative authorization, and re- quiring the State Department and Federal agencies to furnish information to congressional committees for former provisions constituting the entire section and authorizing and making appropriations available for the State Department. Statutory Notes and Related Subsidiaries FUNDING Pub. L. 113–76, div. K, title VII, § 7082(d)(1), (2), Jan. 17, 2014, 128 Stat. 567, provided that: ‘‘(1) DIPLOMATIC AND CONSULAR PROGRAMS FUNDS.— Amounts made available to the Department of State pursuant to the sixth proviso under the heading ‘Diplo- matic and Consular Programs’ in title I of the Depart- ment of State, Foreign Operations, and Related Pro- grams Appropriations Act, 2008 (division J of Public Law 110–161) are authorized to be used by the Depart- ment of State to pay benefits or payments made avail- able pursuant to this Act [div. K of Pub. L. 113–76]. ‘‘(2) AVAILABILITY.—To pay benefits or payments made available pursuant to this Act, the Secretary of