(a)
(b)
(1) appropriately considers the privacy risks to the employee of the Department of Defense to which such data relates; and
(2) is necessary in the interest of national security.
(c)
(1) the specific justification for providing the waiver;
(2) an identification of the contractor or subcontractor that is the subject of the waiver request; and
(3) an identification of the purpose of the sale, licensing, or transfer of covered individually identifiable Department employee data that is the subject of the waiver request.
(d)
(1) The term "covered individually identifiable Department employee data" means individually identifiable Department employee data obtained by a contractor or subcontractor described in subsection (a).
(2) The term "individually identifiable Department employee data" means information related to an employee of the Department of Defense, including a member of the Armed Forces, that—
(A) identifies such employee; or
(B) which may be used to infer, by either direct or indirect means, the identity of such an employee to whom the information applies.
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (a), is the date of enactment of Pub. L. 118–31, which was approved Dec. 22, 2023.
Amendments
2024—Subsec. (a). Pub. L. 118–159, §836(1), struck out "and that would be permissible pursuant to statute or guidance from the Director of the Office of Management and Budget" after "or a subcontract under such contract" and inserted at end "This provision does not apply in circumstances where the transfer of such data would otherwise be authorized by law."
Subsec. (b). Pub. L. 118–159, §836(2), amended subsec. (b) generally. Prior to amendment, text read as follows: "The Secretary of Defense may waive the requirements of subsection (a) with respect to a sale, licensing, or other transfer of covered individually identifiable Department employee data if the Secretary determines that such waiver is appropriate."
Subsecs. (c), (d). Pub. L. 118–159, §836(3), (5), added subsec. (c) and redesignated former subsec. (c) as (d).
Subsec. (d)(1). Pub. L. 118–159, §836(4), amended par. (1) generally. Prior to amendment, par. (1) defined covered individually identifiable Department employee data.