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

Summary

Heads of each covered element must send congressional leaders a report by February 1 every year about each covered program they run. The report must list the total amount the element asked for in the President’s budget for the next fiscal year. For each program, it must give a short description, note major milestones for procurement programs, show actual yearly costs for past years, and give the estimated total cost plus cost estimates for the current year, the budget year, and each of the next four years. If a program becomes newly designated as a special access or similarly protected program, the head must also send a February 1 notice saying it is designated and why. That notice must include the current total cost estimate and say if any existing programs or technologies are like it. If a program’s classification is going to change or be declassified, the head must tell congressional leaders what will change, why, and any planned public announcement at least 14 days before it happens, unless exceptional circumstances require a shorter notice and an explanation. Changes to the rules for designating such programs must be reported promptly with reasons and the new rules. A covered program cannot start until congressional leaders are told and 30 days pass, and no money can be spent on a covered program until the head briefs those leaders. Covered element = any part of the federal government except certain departments or agencies already covered elsewhere, the Department of Defense, the National Nuclear Security Administration, or the intelligence community. Congressional leadership = the Senate majority and minority leaders and the Speaker and House minority leader. Covered program = a special access or similarly protected sensitive program under Executive Order 12356 or any successor order, or a similar program anywhere in the federal government.