50 U.S. Code § 3348 - Reports relating to certain special access programs and similar programs
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(a) In general
(1) Not later than February 1 of each year, the head of each covered department or agency shall submit to Congress a report on each special access program carried out in the department or agency.
(2) Each such report shall set forth—
(A) the total amount requested by the department or agency for special access 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 special access 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
(b) Newly designated programs
(1) Not later than February 1 of each year, the head of each covered department or agency shall submit to Congress a report that, with respect to each new special access program of that department or agency, provides—
(2) A report under paragraph (1) with respect to a program shall include—
(c) Revision in classification of programs
(1) Whenever a change in the classification of a special access program of a covered department or agency is planned to be made or whenever classified information concerning a special access program of a covered department or agency is to be declassified and made public, the head of the department or agency shall submit to Congress 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 department or agency 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 special access program of the department or agency, 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) Revision of criteria for designating programs
Whenever there is a modification or termination of the policy and criteria used for designating a program of a covered department or agency as a special access program, the head of the department or agency shall promptly notify Congress 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) Waiver of reporting requirement
(1) The head of a covered department or agency may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the head of the department or agency 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.
(f) Initiation of programs
A special access program may not be initiated by a covered department or agency until—
For purposes of this section:
(1) Covered department or agency
(A) Except as provided in subparagraph (B), the term “covered department or agency” means any department or agency of the Federal Government that carries out a special access program.
(B) Such term does not include—
(i) the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10);
(ii) the National Nuclear Security Administration (which is required to submit reports on special access programs under section 2426 of this title); or
(2) Special access program
The term “special access program” means any program that, under the authority of Executive Order 12356 (or any successor Executive order), is established by the head of a department or agency whom the President has designated in the Federal Register as an original “secret” or “top secret” classification authority that imposes “need-to-know” controls or access controls beyond those controls normally required (by regulations applicable to such department or agency) for access to information classified as “confidential”, “secret”, or “top secret”.
Source(Pub. L. 103–160, div. A, title XI, § 1152,Nov. 30, 1993, 107 Stat. 1758; Pub. L. 106–65, div. C, title XXXII, § 3294(e)(2),Oct. 5, 1999, 113 Stat. 970.)
References in Text
Executive Order 12356, referred to in subsec. (g)(2), is Ex. Ord. No. 12356, Apr. 2, 1982, 47 F.R. 14874, 15557, which prescribed a uniform system for classifying, declassifying, and safeguarding national security information, and which was formerly set out as a note under section 435 of this title, was revoked by Ex. Ord. No. 12958, § 6.1(d), Apr. 17, 1995, 60 F.R. 19843, and was reclassified as a note under section 3161 of this title.
Section was formerly classified as a note under section 435 of this title prior to editorial reclassification as this section.
1999—Subsec. (g)(1)(B)(ii). Pub. L. 106–65amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “the Department of Energy, with respect to special access programs carried out under the atomic energy defense activities of that department (for which the Secretary of Energy is required to submit reports under section 2122a of title 42); or”.
Effective Date of 1999 Amendment