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50 U.S.C. § 3348a — Congressional oversight of sensitive programs not covered by other provisions of law
Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports required**
(1) **In general** — 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) **Contents** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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) Newly designated programs**
(1) **In general** — 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) **Contents** — A report under paragraph (1) with respect to a program shall include—
(A
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Source file: Laws/federal/codes/united-states-code/title-50/section-3348a-congressional-oversight-of-sensitive-programs-not-covered-by-other-provi--505b44d0f0.md
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Source location: Title 50, Chapter 45, § 3348a; chapter-045-miscellaneous-intelligence-community-authorities.md
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**(a) Reports required**
(1) **In general** — 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) **Contents** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim) 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) Newly designated programs**
(1) **In general** — 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) **Contents** — 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) **New covered program defined** — 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) Revision in classification of programs**
(1) **In general** — 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) **Period for submittal** — 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) **Exception** — 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) 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 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) Initiation of programs** 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) Limitation on use of funds** 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) Definitions** In this section:
(1) **Covered element** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3348/g&num=0&edition=prelim);
(B) the Department of Defense (which is required to submit reports on special access programs under [section 119 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section119&num=0&edition=prelim));
(C) the National Nuclear Security Administration (which is required to submit reports on special access programs under [section 2426 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2426&num=0&edition=prelim)); or
(D) an element of the intelligence community (as defined in [section 3003 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)).
(2) **Congressional leadership** — 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) **Covered program** — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3161&num=0&edition=prelim) 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country.
**(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following:
(1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities.
(2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities.
(3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2).
(4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein.
(5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners.
(6) An assessment of foreign malign influence efforts relating to such threats, including any foreign
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith.
**(b) “Operational files” defined** In this section, the term “operational files” means—
(1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services;
(2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and
(3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources;
except that files which are the sole repository of disseminated intelligence are not operational files.
**(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning—
(1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual report on special access programs**
(1) Not later than February 1 of each year, the Administrator shall submit to the congressional defense committees a report on special access programs of the Administration.
(2) Each such report shall set forth—
(A) the total amount requested for such programs in the President’s budget for the next fiscal year submitted under [section 1105 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim); and
(B) for each such program in that budget, the following:
(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.
(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) Annual report on new special access programs**
(1) Not later than February 1 of each year, the Administrator shall submit to the congressional 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2426
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** On or after the first Monday in January but not later than the first Monday in February of each year, the President shall submit a budget of the United States Government for the following fiscal year. Each budget shall include a budget message and summary and supporting information. The President shall include in each budget the following:
(1) information on activities and functions of the Government.
(2) when practicable, information on costs and achievements of Government programs.
(3) other desirable classifications of information.
(4) a reconciliation of the summary information on expenditures with proposed appropriations.
(5) except as provided in subsection (b) of this section, estimated expenditures and proposed appropriations the President decides are necessary to support the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year.
(6) estimated receipts of the Government in the fiscal year for which the budget is submitted and the 4 fiscal years after that year under—
(A) laws in effect when the budget is submitted; and
(B) proposals in the budget to increase revenues.
(7) appropriations, expenditures, and receipts of the Government in the prior fiscal year.
(8) estimated expenditures and receipts, and appropriations and proposed appropriations, of the Government for the current fiscal year.
(9) balanced statements of the—
(A) condition of the Treasury at the end of the prior fiscal year;
(B) estimated condition of the Treasury at the end of the current fiscal year; and
(C) estimated condition of the Treasury at the end of the fiscal year for which the budget is submitted if financial proposals in the budget are adopted.
(10) essential information about the debt of the Government.
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1105
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1105&num=0&edition=prelim); 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 paragra
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 119
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Federal law — U.S. Code and appendices · legal_authorities
Page 705
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3161
provisions of section 552 of title 5 (commonly
referred to as the Freedom of Information
Act), and such order shall be the exclusive
remedy for failure to comply with this section.
(F) If at any time following the filing of a
complaint pursuant to this paragraph the Of-
fice agrees to search each appropriate exempt-
ed file for the requested records, the court
shall dismiss the claim based upon such com-
plaint.
(g) Definitions
In this section:
(1) The term ‘‘exempted operational file’’
means a file of an element of the intelligence
community that, in accordance with this sub-
chapter, is exempted from the provisions of
section 552 of title 5 that require search, re-
view, publication, or disclosure of such file.
(2) Except as otherwise specifically provided,
the term ‘‘Office’’ means the Office of the Di-
rector of National Intelligence.
(July 26, 1947, ch. 343, title VII, § 706, as added
Pub. L. 111–259, title IV, § 408(a), Oct. 7, 2010, 124
Stat. 2722.)
Editorial Notes
REFERENCES IN TEXT
The Federal Rules of Civil Procedure, referred to in
subsec. (f)(2)(D), are set out in the Appendix to Title 28,
Judiciary and Judicial Procedure.
CODIFICATION
Section was formerly classified to section 432d of this
title prior to editorial reclassification and renumbering
as this section.
SUBCHAPTER VI—ACCESS TO CLASSIFIED
INFORMATION
§ 3161. Procedures
(a) Not later than 180 days after October 14,
1994, the President shall, by Executive order or
regulation, establish procedures to govern ac-
cess to classified information which shall be
binding upon all departments, agencies, and of-
fices of the executive branch of Government.
Such procedures shall, at a minimum—
(1) provide that, except as may be pe
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3161
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Federal law — U.S. Code and appendices · legal_authorities
Page 825
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3348a
AMENDMENTS
2018—Subsecs. (a) to (e). Pub. L. 115–390, § 103(1), sub-
stituted ‘‘the congressional oversight committees’’ for
‘‘Congress’’ wherever appearing. See Codification note
above.
Subsec. (f)(1). Pub. L. 115–390, § 103(2), substituted
‘‘congressional oversight committees’’ for ‘‘appropriate
oversight committees’’. See Codification note above.
Subsec. (g). Pub. L. 115–390, § 103(3), added par. (1) and
redesignated former pars. (1) and (2) as (2) and (3), re-
spectively. See Codification note above.
1999—Subsec. (g)(1)(B)(ii). Pub. L. 106–65 amended cl.
(ii) generally. Prior to amendment, cl. (ii) read as fol-
lows: ‘‘the Department of Energy, with respect to spe-
cial access programs carried out under the atomic en-
ergy defense activities of that department (for which
the Secretary of Energy is required to submit reports
under section 2122a of title 42); or’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on Oversight and Government Reform of
House of Representatives changed to Committee on
Oversight and Reform of House of Representatives by
House Resolution No. 6, One Hundred Sixteenth Con-
gress, Jan. 9, 2019. Committee on Oversight and Reform
of House of Representatives changed to Committee on
Oversight and Accountability of House of Representa-
tives by House Resolution No. 5, One Hundred Eight-
eenth Congress, Jan. 9, 2023.
EFFECTIVE DATE OF 1999 AMENDMENT
Amendment by Pub. L. 106–65 effective Mar. 1, 2000,
see section 3299 of Pub. L. 106–65, set out as an Effective
Date note under section 2401 of this title.
§ 3348a. Congressional oversight of sensitive pro-
grams not covered by other provisions of law
(a) Reports required
(1) In general
Not later than Februar
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3348a
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