Sec. 822. Extension and revisions to never contract with the enemy program
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Section 841 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 ( 10 U.S.C. 2302 note) is amended— in the heading, by striking and inserting Prohibition on providing funds to the enemy ; Threat mitigation in commercial support to operations in subsection (a)— in the heading, by striking and inserting Identification of persons and entities ; Program in the matter preceding paragraph (1), by striking establish in each covered combatant command a program to identify persons and entities within the area of responsibility of such command that— and inserting the following: establish a program to mitigate threats posed by vendors supporting operations.
The program shall use available intelligence, security, and law enforcement information to identify persons and entities that— ; in paragraph (1), by striking ; or and inserting a semicolon; in paragraph (2), by striking the period at the end and inserting a semicolon; and by adding at the end the following new paragraphs: directly or indirectly support a covered person or entity or otherwise pose a force protection risk to personnel of the United States or coalition forces; or pose an unacceptable national security risk. ; by striking subsection (g); by redesignating subsections
(h)and
(i)as subsections
(g)and (h), respectively; in subsection (g)(1), as so redesignated, by striking may be providing and all that follows through or entity and inserting have been identified under the program established under subsection
(a); by amending subsection (h), as so redesignated, to read as follows: The Secretary of Defense or the Secretary of State, with the concurrence of the other Secretary, in consultation with the Director of National Intelligence, may waive any requirement of this section upon determining that to do so is in the national interest of the United States. ; by striking subsection (j); by redesignating subsections
(k)and
(l)as subsections
(i)and (j), respectively; in subsection (j), as so redesignated, by striking Except as provided in subsection (m), the and inserting The ; by striking subsection (m); and by striking subsection (n). Section 841(c) of such Act is further amended— in paragraph (1)— by inserting to a person or entity after concerned ; and by striking the contract and all that follows and inserting the person or entity has been identified under the program established under subsection (a). ; in paragraph (2), by striking has failed and all that follows and inserting has been identified under the program established under subsection (a). ; and in paragraph (3), by striking the contract and all that follows and inserting the contractor, or the recipient of the grant or cooperative agreement, has been identified under the program established under subsection (a). . Section 841(d)(2)(B) of such Act is amended by inserting after subsection
(c)the following: and restrict future award to any contractor, or recipient of a grant or cooperative agreement, that has been identified under the program established under subsection
(a). Section 841(e) of such Act is amended by adding at the end the following new paragraph: To provide that full disclosure of information to the contractor or recipient of a grant or cooperative agreement justifying an action taken under subsection
(c)need not be provided when such disclosure would compromise national security or would pose an unacceptable threat to the personnel of the United States or coalition forces. . Section 841 of such Act ( 10 U.S.C. 2302 note) is further amended— in subsection
(a)in the matter preceding paragraph (1), by striking in consultation with ; and in subsection (f)(1), by striking in consultation with . Section 842 of such Act ( 10 U.S.C. 2302 note) is amended— in subsection (a), by striking paragraph (4); by striking subsection (b); by striking subsection (c); by redesignating paragraphs
(1)through
(3)of subsection
(a)as subsections
(a)through (c), respectively; by striking ;
(a)Contracts, Grants, and Cooperative Agreements.— in subsection (a), as so redesignated, by striking , except as provided under subsection (c)(1), the clause described in paragraph
(2)and inserting the clause described in subsection
(b); in subsection (b), as so redesignated— by striking paragraph
(3)and inserting subsection
(c); and by striking ensure that funds and all that follows and inserting support the program established under section 841(a). ; and in subsection (c), as so redesignated— by striking paragraph
(2)and inserting subsection
(b); and by striking that funds and all that follows and inserting that the examination of such records will support the program established under section 841(a). . Sections 841 and 842 of such Act ( 10 U.S.C. 2302 note) are further amended by striking covered contract each place it appears and inserting contract . Sections 841 and 842 of such Act ( 10 U.S.C. 2302 note) are further amended by striking covered combatant command each place it appears and inserting combatant command . Sections 841 and 842 of such Act ( 10 U.S.C. 2302 note) are further amended by striking specified deputies each place it appears and inserting designee . Section 843 of such Act ( 10 U.S.C. 2302 note) is amended— by striking paragraphs (2), (3), (4), and (5); by redesignating paragraphs (6), (7), (8), and
(9)as paragraphs (2), (3), (4), and (5), respectively; and by amending paragraph (2), as so redesignated, to read as follows: The term covered person or entity means a person that is— engaging in acts of violence against personnel of the United States or coalition forces; providing financing, logistics, training, or intelligence to a person described in subparagraph (A); engaging in foreign intelligence activities against the United States or against coalition forces; engaging in transnational organized crime or criminal activities; or engaging in other activities that present a direct or indirect risk to the national security of the United States or coalition forces. .
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Sec. 822
Extension and revisions to never contract with the enemy program
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