10 U.S.C. § 119 : US Code - Section 119: Special access programs: congressional oversight

      (a)(1) Not later than March 1 of each year, the Secretary of
    Defense shall submit to the defense committees a report on special
    access programs.
      (2) Each such report shall set forth - 
        (A) the total amount requested for special access programs of
      the Department of Defense in the President's budget for the next
      fiscal year submitted under section 1105 of title 31; and
        (B) for each program in that budget that is a special access
      program - 
          (i) a brief description of the program;
          (ii) a brief discussion of the major milestones established
        for the program;
          (iii) the actual cost of the program for each fiscal year
        during which the program has been conducted before the fiscal
        year during which that budget is submitted; and
          (iv) the estimated total cost of the program and the
        estimated cost of the program for (I) the current fiscal year,
        (II) the fiscal year for which the budget is submitted, and
        (III) each of the four succeeding fiscal years during which the
        program is expected to be conducted.

      (3) In the case of a report under paragraph (1) submitted in a
    year during which the President's budget for the next fiscal year,
    because of multiyear budgeting for the Department of Defense, does
    not include a full budget request for the Department of Defense,
    the report required by paragraph (1) shall set forth - 
        (A) the total amount already appropriated for the next fiscal
      year for special access programs of the Department of Defense and
      any additional amount requested in that budget for such programs
      for such fiscal year; and
        (B) for each program of the Department of Defense that is a
      special access program, the information specified in paragraph
      (2)(B).

      (b)(1) Not later than February 1 of each year, the Secretary of
    Defense shall submit to the defense committees a report that, with
    respect to each new special access program, provides - 
        (A) notice of the designation of the program as a special
      access program; and
        (B) justification for such designation.

      (2) A report under paragraph (1) with respect to a program shall
    include - 
        (A) the current estimate of the total program cost for the
      program; and
        (B) an identification of existing programs or technologies that
      are similar to the technology, or that have a mission similar to
      the mission, of the program that is the subject of the notice.

      (3) In this subsection, the term "new special access program"
    means a special access program that has not previously been covered
    in a notice and justification under this subsection.
      (c)(1) Whenever a change in the classification of a special
    access program of the Department of Defense is planned to be made
    or whenever classified information concerning a special access
    program of the Department of Defense is to be declassified and made
    public, the Secretary of Defense shall submit to the defense
    committees a report containing a description of the proposed
    change, the reasons for the proposed change, and notice of any
    public announcement planned to be made with respect to the proposed
    change.
      (2) Except as provided in paragraph (3), any report referred to
    in paragraph (1) shall be submitted not less than 14 days before
    the date on which the proposed change or public announcement is to
    occur.
      (3) If the Secretary determines that because of exceptional
    circumstances the requirement of paragraph (2) cannot be met with
    respect to a proposed change or public announcement concerning a
    special access program of the Department of Defense, the Secretary
    may submit the report required by paragraph (1) regarding the
    proposed change or public announcement at any time before the
    proposed change or public announcement is made and shall include in
    the report an explanation of the exceptional circumstances.
      (d) Whenever there is a modification or termination of the policy
    and criteria used for designating a program of the Department of
    Defense as a special access program, the Secretary of Defense shall
    promptly notify the defense committees of such modification or
    termination. Any such notification shall contain the reasons for
    the modification or termination and, in the case of a modification,
    the provisions of the policy as modified.
      (e)(1) The Secretary of Defense may waive any requirement under
    subsection (a), (b), or (c) that certain information be included in
    a report under that subsection if the Secretary determines that
    inclusion of that information in the report would adversely affect
    the national security. Any such waiver shall be made on a case-by-
    case basis.
      (2) If the Secretary exercises the authority provided under
    paragraph (1), the Secretary shall provide the information
    described in that subsection with respect to the special access
    program concerned, and the justification for the waiver, jointly to
    the chairman and ranking minority member of each of the defense
    committees.
      (f) A special access program may not be initiated until - 
        (1) the defense committees are notified of the program; and
        (2) a period of 30 days elapses after such notification is
      received.

      (g) In this section, the term "defense committees" means - 
        (1) the Committee on Armed Services and the Committee on
      Appropriations, and the Defense Subcommittee of the Committee on
      Appropriations, of the Senate; and
        (2) the Committee on Armed Services and the Committee on
      Appropriations, and the Subcommittee on Defense of the Committee
      on Appropriations, of the House of Representatives.