Sec. 1055. NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT
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## SEC. 1055 NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT **[**[10 U.S.C. 113 note](/us/usc/t10/s113)**]** ###
(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; ####
(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; and ####
(3)has been requested by the head of a non-Department of Defense Federal department or agency who has certified to the Secretary that the department or agency has reasonably attempted to use capabilities and resources internal to the department or agency. ###
(b)Notice Required ####
(1)In general Except as provided in paragraphs
(3)and (4), 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 the required duration of the support. #####
(D)A description of the initial costs for the support. #####
(E)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)Routine defense sensitive support In the event that the provision of defense sensitive support is routine defense sensitive support, the Secretary shall provide notification under paragraph
(1)on a quarterly basis after providing the support. ####
(4)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. ####
(5)Reverse defense sensitive support request The Secretary shall notify the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) of requests made by the Secretary to a non-Department of Defense Federal department or agency for support that requires special protection from disclosure in the same manner and containing the same information as the Secretary notifies such committees of defense sensitive support requests under paragraphs (1), (3), and (4). ####
(6)Sustainment costs If the Secretary determines that sustainment costs will be incurred as a result of the provision of defense sensitive support, the Secretary, not later than 15 days after the initial provision of such support, shall certify to the congressional defense committees (and the congressional intelligence committees with respect to matters relating to members of the intelligence community) that such sustainment costs will not interfere with the ability of the Department to execute operations, accomplish mission objectives, and maintain readiness. ###
(c)Definitions In this section: ####
(1)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. ####
(2)The term “routine defense sensitive support” has the meaning given such term elsewhere in the National Defense Authorization Act for Fiscal Year 2025.
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Sec. 1055
NOTIFICATION ON THE PROVISION OF DEFENSE SENSITIVE SUPPORT
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