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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. 512

Sec. 512. Oversight and deconfliction of vendor support to clandestine activities

484 words·~2 min read·/bill/119/hr/5167/rh/section-512

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Subchapter I of chapter 21 of title 10, United States Code, as amended by section 511 of this Act, is further amended by adding at the end the following new section: The Secretary of Defense shall establish, maintain, and continuously update a secure capability to facilitate oversight, deconfliction, and risk assessments of all commercial vendor support to the Department of Defense for clandestine activities, including support provided by subcontractors. Notwithstanding subsection (a), if the Secretary of Defense determines that information concerning a commercial vendor should not be made available for use by the capability required by subsection
(a)due to operational, counterintelligence, or other national security concerns, the Secretary— may exclude such information from use by the capability required by subsection (a); and not later than 7 days after making a determination that such information should not be made available for use by such capability, 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 that is the subject of such information; with respect to such vendor, a synopsis of the contract and the scope of work involved; and the rationale for excluding such information from use by the capability. The Secretary of Defense shall ensure the capability required by subsection
(a)is used to— deconflict the use of commercial vendors in support of clandestine activities of the Department of Defense; 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 430f of title 10, United States Code, as added by subsection
(a)of this section; and submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code), 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 180 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 430f; and provide to such committees a briefing with respect to such plan. Not later than one year 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 toward implementing the requirements of such section 430f.
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