§3348a — Title 50 War and National Defense | U.S. Code

Summary

Heads of each covered element must send a report to congressional leadership by February 1 every year about each covered program they run. The report must say the total amount requested in the next year’s budget and, for each program, give a short description; if it is a procurement program, list its major milestones; show actual costs for each past year before the budget year; and give the estimated total cost plus estimated costs for the current fiscal year, the budget year, and each of the four fiscal years after that. By February 1 each year they must also tell Congress when a new covered program is being called a special access program, explain why, give the current total cost estimate, and note similar programs or technologies. If a program’s classification will change or be declassified and made public, the head must tell congressional leadership what will change, why, and any planned public announcement at least 14 days before it happens unless there are exceptional circumstances (in which case they must explain). If the rules for labeling programs change or end, the head must promptly notify congressional leadership with the reasons and the changed rules. A covered program cannot be started until congressional leadership is notified and 30 days pass after they get the notice, and no money may be spent on the program until the head has briefed congressional leadership. Covered element: a part of the federal government that is not a covered department or agency, not the Department of Defense, not the National Nuclear Security Administration, and not an element of the intelligence community. Congressional leadership: the Senate majority leader, Senate minority leader, Speaker of the House, and House minority leader. Covered program: any special access or similarly protected sensitive program set up under Executive Order 12356 or a similar order, or any similar sensitive program anywhere in the federal government, including ones started by the President.

Title 50, §3348a

War and National Defense — Source: USLM XML via OLRC

(a)(1)Not later than February 1 of each year, the head of each covered element shall submit to congressional leadership a report on each covered program carried out by that covered element.

(2)Each such report shall set forth—

(A)the total amount requested by the covered element for covered programs within the budget submitted under section 1105 of title 31 for the fiscal year following the fiscal year in which the report is submitted; and

(B)for each program in such budget that is a covered program—

(i)a brief description of the program;

(ii)in the case of a procurement program, 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.

(b)(1)Not later than February 1 of each year, the head of each covered element shall submit to congressional leadership a report that, with respect to each new covered program of that covered element, 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, as applicable, of existing programs or technologies that are similar to the technology, or that have a mission 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 covered program” means a covered 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 covered program of a covered element is planned to be made or whenever classified information concerning a covered program of a covered element is to be declassified and made public, the head of the covered element shall submit to congressional leadership a report containing a description of the proposed change or the information to be declassified, the reasons for the proposed change or declassification, and notice of any public announcement planned to be made with respect to the proposed change or declassification.

(2)Except as provided in paragraph (3), a report referred to in paragraph (1) shall be submitted not less than 14 days before the date on which the proposed change, declassification, or public announcement is to occur.

(3)If the head of the covered element determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change, declassification, or public announcement concerning a covered program of the covered element, the head of the department or agency may submit the report required by paragraph (1) regarding the proposed change, declassification, or public announcement at any time before the proposed change, declassification, 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 a covered element as a covered program, the head of the covered element shall promptly notify congressional leadership 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)A covered program may not be initiated by a covered element until—

(1)congressional leadership is notified of the program; and

(2)a period of 30 days elapses after such notification is received.

(f)No funds may be obligated or expended by any covered element to carry out a covered program until the head of the covered element has briefed congressional leadership on the covered program.

(g)In this section:

(1)The term “covered element” means any element or portion of the Federal Government that is not—

(A)a covered department or agency as defined in section 3348(g) of this title;

(B)the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10);

(C)the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title); or

(D)an element of the intelligence community (as defined in section 3003 of this title).

(2)The term “congressional leadership” means—

(A)the majority leader of the Senate;

(B)the minority leader of the Senate;

(C)the Speaker of the House of Representatives; and

(D)the minority leader of the House of Representatives.

(3)The term “covered program” means any special access program or similarly protected program established under the authority of Executive Order 12356 (50 U.S.C. 3161 note; relating to prescribing a uniform system for classifying, declassifying, and safeguarding national security information), or any successor Executive order, or any similar sensitive program established anywhere in the Federal Government, including one established at the direction of the President.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Executive Order 12356, referred to in subsec. (g)(3), is Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which was revoked by Ex. Ord. No. 12958, Apr. 17, 1995, 60 F.R. 19825, which was subsequently revoked by Ex. Ord. No. 13526, § 6.2(g), Dec. 29, 2009, 75 F.R. 731. Ex. Ord. No. 13526, which prescribes a uniform system for classifying, safeguarding, and declassifying national security information, is set out as a note under section 3161 of this title.

§3348a Congressional Oversight of Sensitive Programs Not Covered by Other Provisions of Law

Summary

Title 50, §3348a

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata