Section, as added and amended by Pub. L. 114–92, is based on Pub. L. 112–239, div. A, title IX, § 941, Jan. 2, 2013, 126 Stat. 1889, which was formerly set out as a note under section 2224 of this title before being transferred to this chapter and renumbered as this section.

2021—Subsec. (b)(2)(D). Pub. L. 117–81 inserted period at end.

Pub. L. 116–283 substituted “of Defense for Intelligence and Security” for “of Defense for Intelligence.”

2019—Subsec. (b)(2)(B). Pub. L. 116–92, § 902(8)(A), substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.

Subsec. (b)(2)(C). Pub. L. 116–92, § 1621(e)(1)(A)(vi), which directed amendment of subpar. (C) by substituting “Under Secretary of Defense for Intelligence and Security” for “Under Secretary of Defense for Intelligence”, could not be executed because the words “Under Secretary of Defense for Intelligence” did not appear. Similar amendment was subsequently directed to subpar. (D) by Pub. L. 116–283, see 2021 Amendment note above.

Pub. L. 116–92, § 902(8)(B), added subpar. (C). Former subpar. (C) redesignated (D).

Subsec. (b)(2)(D) to (F). Pub. L. 116–92, § 902(8)(C), redesignated subpars. (C) to (E) as (D) to (F), respectively.

2015—Pub. L. 114–92, § 1641(a)(1), substituted “Reporting on penetrations of networks and information systems of certain contractors” for “Reports to Department of Defense on penetrations of networks and information systems of certain contractors” in section catchline.

Pub. L. 114–92, § 1641(a), transferred section 941 of Pub. L. 112–239 to this chapter and renumbered it as this section. See Codification note above.

Subsec. (c)(3). Pub. L. 114–92, § 1641(a)(2), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The procedures established pursuant to subsection (a) shall prohibit the dissemination outside the Department of Defense of information obtained or derived through such procedures that is not created by or for the Department except with the approval of the contractor providing such information.”

Subsec. (d). Pub. L. 114–92, § 1641(a)(3), added subsec. (d) and struck out former subsec. (d). Prior to amendment, text read as follows:

“(1) In general.—Not later than 90 days after the date of the enactment of this Act—

“(A) the Secretary of Defense shall establish the procedures required under subsection (a); and

“(B) the senior official designated under subsection (b)(1) shall establish the criteria required under such subsection.

“(2) Applicability date.—The requirements of this section shall apply on the date on which the Secretary of Defense establishes the procedures required under this section.”