- § 2721. Property records: maintenance on quantitative and monetary basis
- § 2722. Theft or loss of ammunition, destructive devices, and explosives: report to Secretary of the Treasury
- § 2723. Notice to congressional committees of certain security and counterintelligence failures within defense programs
§ 2721. Property records: maintenance on quantitative and monetary basis
(a) Under regulations prescribed by him, the Secretary of Defense shall have the records of the fixed property, installations, major equipment items, and stored supplies of the military departments maintained on both a quantitative and a monetary basis, so far as practicable.
(b) The regulations prescribed pursuant to subsection (a) shall include a requirement that the records maintained under such subsection—
(1) to the extent practicable, provide up-to-date information on all items in the inventory of the Department of Defense;
(2) indicate whether the inventory of each item is sufficient or excessive in relation to the needs of the Department for that item; and
(3) permit the Secretary of Defense to include in the budget submitted to Congress under section 1105 of title 31 for each fiscal year, information relating to—
(A) the amounts proposed for each appropriation account in such budget for inventory purchases of the Department of Defense; and
(B) the amounts obligated for such inventory purchases out of the corresponding appropriations account for the preceding fiscal year.
(Aug. 10, 1956, ch. 1041, 70A Stat. 152, § 2701; renumbered § 2721, Pub. L. 99–499, title II, § 211(a)(1)(A), Oct. 17, 1986, 100 Stat. 1719; amended Pub. L. 101–510, div. A, title XIII, § 1322(a)(12), Nov. 5, 1990, 104 Stat. 1671; Pub. L. 102–190, div. A, title III, § 347(b), title X, § 1061(a)(17)(A), Dec. 5, 1991, 105 Stat. 1347, 1473.)
§ 2722. Theft or loss of ammunition, destructive devices, and explosives: report to Secretary of the Treasury
(a)In General.—The Secretary of Defense shall report the theft or other loss of any ammunition, destructive device, or explosive material from the stocks of the Department of Defense to the Secretary of the Treasury within 72 hours, if possible, after the discovery of such theft or loss.
(b)Exclusion for Certain Items.—The Secretary of Defense may exclude from the reporting requirement under subsection (a) any item referred to in that subsection if—
(1) the Secretary determines that the item represents a low risk of danger to the public and would be of minimal utility to any person who may illegally receive such item; and
(2) the exclusion of such item is specified as being excluded from the reporting requirement in a memorandum of agreement between the Secretary of Defense and the Secretary of the Treasury.
(c)Definitions.—In this section:
(1) The term “explosive material” means explosives, blasting agents, and detonators.
(2) The terms “destructive device” and “ammunition” have the meanings given those terms by paragraphs (4) and (17), respectively, of section 921(a) of title 18.
(Added Pub. L. 100–456, div. A, title III, § 344(a), Sept. 29, 1988, 102 Stat. 1961; amended Pub. L. 109–364, div. A, title X, § 1071(a)(24), Oct. 17, 2006, 120 Stat. 2399.)
§ 2723. Notice to congressional committees of certain security and counterintelligence failures within defense programs
(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).
(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.)