
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7383d]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 84--DEPARTMENT OF ENERGY
 
      SUBCHAPTER XV--MATTERS RELATING TO SAFEGUARDS, SECURITY, AND 
                           COUNTERINTELLIGENCE
 
Sec. 7383d. Notice to congressional committees of certain 
        security and counterintelligence failures within nuclear energy 
        defense programs
        

(a) Required notification

    The Secretary of Energy shall submit to the Committees on Armed 
Services of the Senate and House of Representatives a notification of 
each significant nuclear defense intelligence loss. Any such 
notification shall be provided only after consultation with the Director 
of Central Intelligence and the Director of the Federal Bureau of 
Investigation, as appropriate.

(b) Significant nuclear defense intelligence losses

    In this section, the term ``significant nuclear defense intelligence 
loss'' means any national security or counterintelligence failure or 
compromise of classified information at a facility of the Department of 
Energy or operated by a contractor of the Department that the Secretary 
considers likely to cause significant harm or damage to the national 
security interests of the United States.

(c) Manner of notification

    Notification of a significant nuclear defense intelligence loss 
under subsection (a) of this section shall be provided, in accordance 
with the procedures established pursuant to subsection (d) of this 
section, not later than 30 days after the date on which the Department 
of Energy determines that the loss has taken place.

(d) Procedures

    The Secretary of Energy 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.

(e) 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 413 
of title 50 for the President to ensure that the congressional 
intelligence committees are kept fully informed of the intelligence 
activities of the United States and for those committees to notify 
promptly other congressional committees of any matter relating to 
intelligence activities requiring the attention of those committees.

(Pub. L. 106-65, div. C, title XXXI, Sec. 3150, Oct. 5, 1999, 113 Stat. 
939.)
