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H.R. 3838IntroducedHouseSenate · nowPresidentLawIn the Senate
Sec. 1611 · H.R. 3838

Clandestine activities vendor database

Division A — Department of Defense Authorizations › Title XVI — Space Activities, Strategic Programs, and Intelligence Matters › Subtitle B — Defense Intelligence and Intelligence-Related Activities

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No wording changed between Committee version and Passed the House.

How the text changed

Committee version · Sec. 1611

(a) In General Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: 430e. Clandestine activities vendor database (a) Establishment and Maintenance The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity. (b) Scope The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection. (c) Exclusion of Vendors Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary— (1) may exclude the commercial vendor from the database required by subsection (a); and (2) not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes— (A) the type or category of vendor excluded; (B) a synopsis of the contract and the scope of work involved; and (C) the rationale for exclusion from the database. (d) Deconfliction The Secretary of Defense shall ensure the database required by subsection (a) is used to— (1) deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and (2) assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. (e) Clandestine activity Defined In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.. (b) Implementation Deadline and Reports (1) Implementation Deadline and Certification Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) implement the requirements of section 430e of title 10, United States Code, as added by subsection (a) of this section; and (B) submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a certification that such requirements have been implemented. (2) Submission of Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and (B) provide to such committees a briefing with respect to such plan. (3) Progress Report Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the committees described in paragraph (1)(B) a briefing describing the progress of the Secretary towards implementing the requirements of such section 430e.

•HR 3838 RHSEC. 1611
Passed the House · Sec. 1611

(a) In General Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: 430e. Clandestine activities vendor database (a) Establishment and Maintenance The Secretary of Defense shall establish, maintain, and continuously update a secure, centralized database containing a list of all commercial vendors that perform work for the Department of Defense in support of a clandestine activity. (b) Scope The database required by subsection (a) shall include information on all commercial vendors, including all subcontractors, that have performed, are performing, or have agreed to perform work described in such subsection. (c) Exclusion of Vendors Notwithstanding subsections (a) and (b), if the Secretary of Defense determines that a commercial vendor should not be included in the database required by subsection (a) due to operational, counterintelligence, or other national security concerns, the Secretary— (1) may exclude the commercial vendor from the database required by subsection (a); and (2) not later than 7 days after making a determination that the commercial vendor should not be included in such database, shall submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives notice of the determination that includes— (A) the type or category of vendor excluded; (B) a synopsis of the contract and the scope of work involved; and (C) the rationale for exclusion from the database. (d) Deconfliction The Secretary of Defense shall ensure the database required by subsection (a) is used to— (1) deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and (2) assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. (e) Clandestine activity Defined In this section, the term clandestine activity means any activity where it is intended that the role of the United States Government will not be apparent or acknowledged publicly.. (b) Implementation Deadline and Reports (1) Implementation Deadline and Certification Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— (A) implement the requirements of section 430e of title 10, United States Code, as added by subsection (a) of this section; and (B) submit to the congressional defense committees, the Select Committee on Intelligence of the Senate, and the Permanent Select Committee on Intelligence of the House of Representatives a certification that such requirements have been implemented. (2) Submission of Plan Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— (A) submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and (B) provide to such committees a briefing with respect to such plan. (3) Progress Report Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the committees described in paragraph (1)(B) a briefing describing the progress of the Secretary towards implementing the requirements of such section 430e.

•HR 3838 EHSEC. 1611

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