PRIA, Government Policy, Made Personal

Summary

Each year the Secretary of Defense must send reports to the defense committees about special access programs. By March 1, the Secretary must report the total amount requested for these programs in the President’s budget for the next fiscal year. For every special access program in that budget, the report must give a short description, list major milestones, show actual costs for past years, and give the estimated total cost plus cost estimates for the current year, the budget year, and each of the four years after that. If the President’s budget does not include a full Defense request because of multiyear budgeting, the March 1 report must say how much is already appropriated for the next fiscal year and any extra amount requested, and still give the program details above. By February 1 each year, the Secretary must also notify the committees about any new special access program, explain why it was made special, give the current total cost estimate, and point out any similar programs or technologies. When the Department plans to change a program’s classification or make classified information public, the Secretary must tell the defense committees about the proposed change, the reasons, and any planned public announcement at least 14 days before it happens, unless exceptional circumstances require an earlier report and an explanation. If policy or rules for designating programs are changed or ended, the Secretary must promptly notify the committees and explain the reasons and the new policy. The Secretary may withhold certain report information if it would hurt national security, but must give the withheld information and the reason for withholding it to the chairman and ranking minority member of each defense committee. No special access program may start until the defense committees are notified and 30 days have passed after that notice. “Defense committees” means the Senate Committee on Armed Services, the Senate Committee on Appropriations and its Defense Subcommittee, the House Committee on Armed Services, and the House Committee on Appropriations and its Defense Subcommittee.

Title 10, §119

Armed Forces, Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2001—Subsec. (g)(2). Pub. L. 107–107 substituted “Subcommittee on Defense” for “National Security Subcommittee”. 1999—Subsec. (g)(2). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Subsec. (a)(1). Pub. L. 104–106, § 1055, substituted “March 1” for “February 1”. Subsec. (g). Pub. L. 104–106, § 1502(a)(4), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) the Committees on Armed Services and Appropriations of the Senate and House of Representatives; and “(2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives.” 1990—Subsec. (c). Pub. L. 101–510, § 1461(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Whenever a change is made in the status of a program of the Department of Defense as a special access program, the Secretary of Defense shall submit to the defense committees a report describing the change. Any such report shall be submitted not later than 30 days after the date on which the change takes effect.” Subsec. (f). Pub. L. 101–510, § 1482(a)(2), added subsec. (f). Former subsec. (f) redesignated (g). Pub. L. 101–510, § 1461(b), inserted “and Appropriations” after “Armed Services” in par. (1). Subsec. (g). Pub. L. 101–510, § 1482(a)(1), redesignated subsec. (f) as (g).

Statutory Notes and Related Subsidiaries

Effective Date

of 1990 Amendment Pub. L. 101–510, div. A, title XIV, § 1482(d), Nov. 5, 1990, 104 Stat. 1710, provided that: “The

Amendments

made by this section [enacting section 2214 of this title and amending this section and section 1584 of this title] shall take effect on October 1, 1991.” Termination of Reporting RequirementsFor termination, effective Dec. 31, 2021, of provisions in subsecs. (a) and (b) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. Initial Reports on Special Access Programs Pub. L. 100–180, div. A, title XI, § 1132(b), (c), Dec. 4, 1987, 101 Stat. 1152, required that the first report under subsec. (a) of this section set forth the amount that had been requested in the President’s budget for each of the five previous fiscal years for special access programs of the Department of Defense and the amount appropriated for each such year for such programs, and required that the first report under subsec. (b) of this section cover existing special access programs.

§119 Special Access Programs: Congressional Oversight

Summary

Title 10, §119

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata