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Code · BILL · 119th Congress · H.R. 5167 (Reported in House) — To authorize appropriations for fiscal year 2026 for intelligence and intelligence-related activities of the United S... · Sec. 511

Sec. 511. Requirement to avoid duplication in purchase of commercially available information for defense intelligence components

281 words·~1 min read·/bill/119/hr/5167/rh/section-511

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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: Except as provided in subsection (b), a defense intelligence component may not purchase commercially available information until the head of such component determines the information intended to be purchased is not already available for use by such component from another defense intelligence component. The Under Secretary of Defense for Intelligence and Security may authorize a defense intelligence component to purchase information otherwise prohibited by subsection (a)— if the purchase is for the purpose of ensuring the quality and veracity of other information purchased or the performance of a vendor; to obtain a sample of information to determine whether the information would be duplicative of other information already available to the component; to maintain operational security of authorized activities of the Department of Defense; or if enforcing the prohibition would pose a significant harm to national security or intelligence activities.
Not later than 30 days after the Under Secretary of Defense for Intelligence and Security authorizes the purchase of information pursuant to paragraph (1), the Under Secretary 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 authorization, including a description of the information authorized to be purchased and an identification of the exception in subparagraph (A), (B), (C), or
(D)of paragraph
(1)that the Under Secretary applied to authorize such purchase. In this section, the term commercially available information has the meaning given that term in section 601 of the Intelligence Authorization Act for Fiscal Year 2026. .
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