Sec. 1611. Clandestine activities vendor database
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Subchapter I of chapter 21 of title 10, United States Code, is amended by adding at the end the following new section: 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. 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. 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— may exclude the commercial vendor from the database required by subsection (a); and 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— the type or category of vendor excluded; a synopsis of the contract and the scope of work involved; and the rationale for exclusion from the database. The Secretary of Defense shall ensure the database required by subsection
(a)is used to— deconflict clandestine activities of the Department of Defense that involve the use of commercial vendors; and assess operational risk and counterintelligence exposure attributable to the use of commercial vendors in support of clandestine activities of the Department of Defense. 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. . Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall— implement the requirements of section 430e of title 10, United States Code, as added by subsection
(a)of this section; and 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. Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall— submit to the committees described in paragraph (1)(B) a report containing the plan to implement the requirements of such section 430e; and provide to such committees a briefing with respect to such plan. 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.