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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2020 · Sec. 5307

Sec. 5307. ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN SECURITY AND COUNTERINTELLIGENCE CONCERNS

412 words·~2 min read·/statute-compilations/comps-15772/sec-5307

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## SEC. 5307 ASSESSMENT OF CONTRACTING PRACTICES TO IDENTIFY CERTAIN SECURITY AND COUNTERINTELLIGENCE CONCERNS ###
(a)Assessment ####
(1)Contracting practices The Director of National Intelligence shall conduct an assessment of the authorities, policies, processes, and standards used by the elements of the intelligence community to ensure that the elements appropriately weigh security and counterintelligence risks in awarding a contract to a contractor that— #####
(A)carries out any joint research and development activities with a covered foreign country; or #####
(B)performs any contract or other agreement entered into with a covered foreign country. ####
(2)Elements The assessment under paragraph
(1)shall include the following: #####
(A)An assessment of whether the authorities, policies, processes, and standards specified in paragraph
(1)sufficiently identify security and counterintelligence concerns. #####
(B)Identification of any authority gaps in such authorities, policies, processes, and standards that prevent the intelligence community from considering the activities specified in subparagraphs
(A)and
(B)of paragraph
(1)when evaluating offers for a contract. ####
(3)Consultation In carrying out paragraph (1), the Director shall consult with each head of an element of the intelligence community. ###
(b)Report ####
(1)Requirement Not later than 180 days after the date of the enactment of this Act, the Director shall submit to the congressional intelligence committees a report on the assessment under subsection (a)(1). ####
(2)Matters included The report under paragraph
(1)shall include the following: #####
(A)The assessment under subsection (a)(1). #####
(B)An identification of any known contractors that have— ######
(i)carried out activities specified in subparagraphs
(A)and
(B)of subsection (a)(1); and ######
(ii)submitted an offer for a contract with an element of the intelligence community. #####
(C)A description of the steps that the Director and the heads of the elements of the intelligence community took to identify contractors under subparagraph (B). ####
(3)Form The report under paragraph
(1)shall be submitted in unclassified form, but may include a classified annex. ###
(c)Covered Foreign Country Defined In this section, the term “covered foreign country” means the government, or any entity affiliated with the military or intelligence services of, the following foreign countries: ####
(1)The People’s Republic of China. ####
(2)The Russian Federation. ####
(3)The Democratic People’s Republic of Korea. ####
(4)The Islamic Republic of Iran. ####
(5)Such other countries as the Director considers appropriate. ## Subtitle B Office of the Director of National Intelligence
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