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10 U.S.C. § 2723 — Notice to congressional committees of certain security and counterintelligence failures within defense programs

submitted 27 years ago by Pub. L. 106-65 to r/title-10-ARMED-FORCES · 321 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense must notify the House and Senate Armed Services Committees of serious defense-related security or counterintelligence failures involving classified information. The section sets a 30-day deadline, protective procedures, and limits on withholding other required reports.

(a) Required notice. The Secretary of Defense must notify the Senate and House Armed Services Committees of each security or counterintelligence failure, or compromise of classified information, involving a United States defense operation, system, or technology that the Secretary believes is likely to significantly harm United States national-security interests. Before notifying them, the Secretary must consult the Director of National Intelligence and FBI Director when appropriate. (b) Method and deadline. Under the procedures in subsection (c), notice must be given no later than 30 days after the Department determines that the failure or compromise occurred. (c) Procedures. The Secretary and each Armed Services Committee must establish procedures needed to protect classified information, information about intelligence sources and methods, and sensitive law-enforcement information submitted under this section, and otherwise needed to carry it out. (d) Construction. (1) This section does not authorize withholding information from the committees on the ground that giving it to them would unlawfully disclose classified information, intelligence sources or methods, or sensitive law-enforcement information. (2) It does not change or replace another requirement to report intelligence-activity information to Congress, including section 501 of the National Security Act of 1947 (50 U.S.C. 3091).

the actual law source: uscode.house.gov ↗public domain
(a)Required Notification.—

The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a notification of each security or counterintelligence failure or compromise of classified information relating to any defense operation, system, or technology of the United States that the Secretary considers likely to cause significant harm or damage to the national security interests of the United States. The Secretary shall consult with the Director of National Intelligence and the Director of the Federal Bureau of Investigation, as appropriate, before submitting any such notification.

(b)Manner of Notification.—

Notification of a failure or compromise of classified information under subsection (a) shall be provided, in accordance with the procedures established pursuant to subsection (c), not later than 30 days after the date on which the Department of Defense determines that the failure or compromise has taken place.

(c)Procedures.—

The Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives shall each establish such procedures as may be necessary to protect from unauthorized disclosure classified information, information relating to intelligence sources and methods, and sensitive law enforcement information that is submitted to those committees pursuant to this section and that are otherwise necessary to carry out the provisions of this section.

(d)Statutory Construction.—
(1)

Nothing in this section shall be construed as authority to withhold any information from the Committees on Armed Services of the Senate and House of Representatives on the grounds that providing the information to those committees would constitute the unauthorized disclosure of classified information, information relating to intelligence sources and methods, or sensitive law enforcement information.

(2)

Nothing in this section shall be construed to modify or supersede any other requirement to report information on intelligence activities to the Congress, including the requirement under section 501 of the National Security Act of 1947 (50 U.S.C. 3091).

Source credit: (Added Pub. L. 106–65, div. A, title X, § 1042(a), Oct. 5, 1999, 113 Stat. 759; amended Pub. L. 110–181, div. A, title IX, § 931(a)(13), Jan. 28, 2008, 122 Stat. 285; Pub. L. 110–417, [div. A], title IX, § 932(a)(12), Oct. 14, 2008, 122 Stat. 4576; Pub. L. 111–84, div. A, title X, § 1073(c)(10), Oct. 28, 2009, 123 Stat. 2475; Pub. L. 113–291, div. A, title X, § 1071(c)(12), Dec. 19, 2014, 128 Stat. 3509.)

history & why it existsrecord from the source credit
  • 1999Enacted · Pub. L. 106-65 · 113 Stat. 759
  • 2008Amended · Pub. L. 110-181 · 122 Stat. 285
  • 2008Amended · Pub. L. 110-417 · 122 Stat. 4576
  • 2009Amended · Pub. L. 111-84 · 123 Stat. 2475
  • 2014Amended · Pub. L. 113-291 · 128 Stat. 3509

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-65 on 1999-10-05.

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