§119 Special access programs: congressional oversight

Summary

The Secretary of Defense must send the defense committees a report about special access programs by March 1 each year. The report must show the total amount requested for these programs in the President’s next-year budget. For each program listed in that budget, the report must give a short description, the main milestones, actual costs for past years before the budget year, the program’s estimated total cost, and cost estimates for the current year, the budget year, and each of the next four years. If the President’s budget does not include a full DoD request because of multiyear budgeting, the report must show what has already been appropriated for the next year and any extra amount asked for, and still include the program details above. By February 1 each year, the Secretary must notify the defense committees when a program is newly labeled a special access program and explain why. That notice must include the current total cost estimate and note any similar programs or technologies. If a program’s classification will change or it will be declassified and made public, the Secretary must tell the defense committees what will change, why, and any planned public announcement at least 14 days before, unless there are exceptional circumstances (in which case the Secretary must explain why). The Secretary must also quickly tell the committees about any changes or ends to the rules for designating special access programs and give reasons and the new rules. The Secretary may withhold some report details from public reports if revealing them would hurt national security, but must give those details and the waiver reason to the chair and ranking member of each defense committee. No special access program can begin until the defense committees are notified and 30 days have passed. “Defense committees” means the Senate and House Armed Services Committees and the Senate and House Appropriations Committees and their defense subcommittees.