CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS

SEC. 1132. CONGRESSIONAL OVERSIGHT OF SPECIAL ACCESS PROGRAMS (a) Submission of Certain Budget Information to Congress.—(1) Chapter 2 of title 10, United States Code, is amended by adding at the end the following new section: “§ 119. Special access programs: congressional oversight “(a)(1) Not later than February 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. 101 STAT. 1152 “(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) 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. “(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) In this section, the term ‘defense committees’ means— “(1) the Committees on Armed Services of the Senate and House of Representatives; and “(2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives. (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item: “119. Special access programs: congressional oversight.”. (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.