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

Search 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.