
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(a)(2)]
[CITE: 10USC119]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
            PART I--ORGANIZATION AND GENERAL MILITARY POWERS
 
                    CHAPTER 2--DEPARTMENT OF DEFENSE
 
Sec. 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 National Security Subcommittee of the 
    Committee on Appropriations, of the House of Representatives.

(Added Pub. L. 100-180, div. A, title XI, Sec. 1132(a)(1), Dec. 4, 1987, 
101 Stat. 1151; amended Pub. L. 101-510, div. A, title XIV, Secs. 1461, 
1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709; Pub. L. 104-106, div. A, 
title X, Sec. 1055, title XV, Sec. 1502(a)(4), Feb. 10, 1996, 110 Stat. 
442, 502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999, 
113 Stat. 774.)


                               Amendments

    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, Sec. 1055, substituted 
``March 1'' for ``February 1''.
    Subsec. (g). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 1482(a)(2), added subsec. (f). 
Former subsec. (f) redesignated (g).
    Pub. L. 101-510, Sec. 1461(b), inserted ``and Appropriations'' after 
``Armed Services'' in par. (1).
    Subsec. (g). Pub. L. 101-510, Sec. 1482(a)(1), redesignated subsec. 
(f) as (g).


                    Effective Date of 1990 Amendment

    Section 1482(d) of Pub. L. 101-510 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.''


               Initial Reports on Special Access Programs

    Section 1132(b), (c) of Pub. L. 100-180 provided that:
    ``(b) Five-Year Reference Amounts.--The first report under 
subsection (a) of section 119 of title 10, United States Code (as added 
by subsection (a)), shall set forth--
        ``(1) the total amount requested in the President's budget for 
    each of the five previous fiscal years for special access programs 
    of the Department of Defense that were included in the budget; and
        ``(2) the total amount appropriated for each such year for such 
    programs.
    ``(c) Initial Report on Special Access Program Designations.--The 
first report under subsection (b) of section 119 of title 10, United 
States Code (as added by subsection (a)), shall cover each existing 
special access program.''
