Sec. 811. Prohibition on the transfer of certain data on employees of the Department of Defense to third parties
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Subsection (c)(1) of section 4662 of title 10, United States Code, is amended by striking obtained by and all that follows through the period at the end and inserting obtained by a contractor or subcontractor described in subsection (a). . Subsection
(b)of such section is amended to read as follows: The Secretary of Defense may waive the requirements of subsection
(a)with respect to a sale, licensing, or other transfer of covered individually identifiable Department employee data on a case-by-case basis as may be necessary in the interest of national security if the Secretary determines that such waiver poses a minimal threat to the privacy of Department of Defense employees. The Secretary of Defense may not delegate the authority under this subsection to an official who has not been Presidentially appointed and confirmed by the Senate. Not later than January 15, 2026, and annually thereafter for four years, the Chairman of the Joint Chiefs of Staff, in coordination with the Under Secretary of Defense for Acquisition and Sustainment, shall submit to the congressional defense committees a report on the use of the authority under this subsection for the fiscal year preceding the date of submission of the report. The report shall include, for each use of the waiver— the specific justification for providing the waiver; an identification of the contractor or subcontractor that is the subject of the waiver request; and an identification of the purpose of the sale, licensing, or transfer that is the subject of the waiver request. The Secretary of Defense, acting through the Assistant to the Secretary of Defense for Public Affairs, shall ensure that the report is made available to the public by— posting the report on a publicly accessible Internet website of the Department of Defense; and upon request, transmitting the report by other means, as long as such transmission is at no cost to the Department. .