Sec. 852. Assured security against intrusion on United States military networks
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/bill/116/hr/2500/rh/section-852A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsections
(b)and (c), the Secretary of Defense shall only award contracts for the procurement of telecommunications services or the installation of telecommunications infrastructure on national security installations on territories of the United States located in the Pacific Ocean to allowed contractors. Subsection
(a)shall not apply to contracts the procurement of telecommunications services or the installation of telecommunications infrastructure if such telecommunications services or telecommunications infrastructure does not process or carry any information about the operations of the Armed Forces of the United States or otherwise concern the national security of the United States. The Secretary of Defense may waive the restriction of subsection
(a)upon a written determination that such a waiver is in the national security interests of the United States and either— a contractor that is not an allowed contractor would not have the ability to track, record, listen, or otherwise access data or voice communications of the Department of Defense through the provision of the telecommunications service; or a qualified allowed contractor is not available to perform the contract at a fair and reasonable price. In this section: The term allowed contractor means— an entity that is 100 percent owned by persons located in the United States that has submitted an offer for a contract let by the Department of Defense; or an entity that— is 100 percent owned by persons located in the United States or in a covered foreign country that has submitted an offer for a contract let by the Department of Defense; and does not have significant connections, including major equipment purchases, ownership interests, or joint ventures, with any entity identified in subsection (f)(3) of section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232; 132 Stat. 1918; 41 U.S.C. 3901 note) The term covered foreign country means a foreign country the government of which permits allowed contractors to compete on a fair basis for contracts for the procurement of telecommunications services or the installation of telecommunications infrastructure let by the government of such foreign country. The term national security installation means any facility operated by the Department of Defense. The term telecommunications service has the meaning given in section 3 of the Communications Act of 1934 ( 47 U.S.C. 153 ). The term telecommunications infrastructure means any wire or switching facilities used to provide telecommunications services.
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Sec. 852
Assured security against intrusion on United States military networks
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