NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.

SEC. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT.(a) Limitation.—The Secretary of Defense may provide defense sensitive support to a non-Department of Defense Federal department or agency only after the Secretary has determined that such support—(1) is consistent with the mission and functions of the Department of Defense; and(2) does—(A) not significantly interfere with the mission or functions of the Department; or(B) interfere with the mission and functions of the Department of Defense but such support is in the national security interest of the United States.(b) Notice Required.—(1) In general.—Except as provided in paragraph (3), before providing defense sensitive support to a non-Department of Defense Federal department or agency, the Secretary of Defense shall notify the congressional defense committees, and, when the part of the Department of Defense providing the sensitive support is a member of the intelligence community, the congressional intelligence committees of the Secretary’s intent to provide such support.(2) Contents.—Notice provided under paragraph (1) shall include the following:(A) A description of the support to be provided.(B) A description of how the support is consistent with the mission and functions of the Department.(C) A description of how the support—(i) does not significantly interfere with the mission or functions of the Department; or(ii) significantly interferes with the mission or functions of the Department but is in the national security interest of the United States.(3) Time sensitive support.—In the event that the provision of defense sensitive support is time-sensitive, the Secretary—(A) may provide notification under paragraph (1) after providing the support; and(B) shall provide such notice as soon as practicable after providing such support, but not later than 48 hours after providing the support.(c) Defense Sensitive Support Defined.—In this section, the term “defense sensitive support” means support provided by the Department of Defense to a non-Department of Defense Federal department or agency that requires special protection from disclosure.130 STAT. 2400