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50 U.S.C. § 3348 — Reports relating to certain special access programs and similar programs
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight committees 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](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 special access 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) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight committees a report that, with respect to each new special access program of that department or agency, 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—
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Stable record: federal_law:legal_authorities:record_usc_6d11699d39e8eee85e7a19c1
Source file: Laws/federal/codes/united-states-code/title-50/section-3348-reports-relating-to-certain-special-access-programs-and-similar-programs--8df9e95f02.md
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Source location: Title 50, Chapter 45, § 3348; chapter-045-miscellaneous-intelligence-community-authorities.md
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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 the congressional oversight committees 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](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 special access 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) Not later than February 1 of each year, the head of each covered department or agency shall submit to the congressional oversight committees a report that, with respect to each new special access program of that department or agency, 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, 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) 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) 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 the congressional oversight committees 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 the congressional oversight 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) 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.
(2) If the head of a department or agency exercises the authority provided under paragraph (1), the head of the department or agency shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, to the congressional oversight committees.
**(f) Initiation of programs** A special access program may not be initiated by a covered department or agency until—
(1) the congressional oversight committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
**(g) Definitions** For purposes of this section:
(1) **Congressional oversight committees** — The term “congressional oversight committees” means—
(A) congressional leadership and authorizing and appropriations congressional committees with jurisdiction or shared jurisdiction over a department or agency;
(B) the Committee on Homeland Security and Governmental Affairs of the Senate; and
(C) the Committee on Oversight and Government Reform of the House of Representatives.
(2) **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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section119&num=0&edition=prelim));
(ii) 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
(iii) an agency in the Intelligence Community (as defined in [section 3003(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003/4&num=0&edition=prelim)).
(3) **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”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment** There is established within the Department of Energy a separately organized agency to be known as the National Nuclear Security Administration (in this chapter referred to as the “Administration”).
**(b) Mission** The mission of the Administration shall be the following:
(1) To enhance United States national security through the military application of nuclear energy.
(2) To support the deterrence of strategic attacks against the United States by maintaining and enhancing the performance, reliability, security, and safety of the United States nuclear weapons stockpile, including the ability to design, produce, and test nuclear weapons as necessary in order to meet national security requirements.
(3) To provide the United States Navy with safe, militarily effective nuclear propulsion plants and to ensure the safe and reliable operation of those plants.
(4) To promote international nuclear safety and nonproliferation.
(5) To reduce global danger from weapons of mass destruction.
(6) To support United States leadership in science and technology.
**(c) Operations and activities to be carried out consistently with certain principles** In carrying out the mission of the Administration, the Administrator shall ensure that all operations and activities of the Administration are consistent with the principles of—
(1) fulfilling, to the maximum extent possible, the requirements for nuclear weapons of the Department of Defense;
(2) protecting the environment;
(3) safeguarding the safety and health of the public and of the workforce of the Administration; and
(4) ensuring the security of the nuclear weapons, nuclear material, and classified information in the custody of the Administration.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2401
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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
### Statutory Notes
Section, act Aug. 1, 1946, ch. 724, title I, § 93, as added Pub. L. 103–160, div. C, title XXXI, § 3156(a), Nov. 30, 1993, 107 Stat. 1953, related to congressional oversight of special access programs. See [section 2426 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2426&num=0&edition=prelim), War and National Defense.
#### Effective Date of Repeal
Repeal effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under [section 2401 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2401&num=0&edition=prelim), War and National Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2122a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 432c, comprising section 705 of the National Security Act of 1947, act July 26, 1947, ch. 343, was editorially reclassified as [section 3145 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3145&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 435
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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
In this subtitle, the term “Administrator” means the Administrator for Federal Procurement Policy appointed under [section 1102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1102&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
Page 823
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3348
fairs of House of Representatives by House Resolution
No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
§ 3346. Compilation and organization of pre-
viously declassified records
(a), (b) Omitted
(c) Compilation and organization of records
The Department of Defense may not be re-
quired, when conducting a special search, to
compile or organize records that have already
been declassified and placed into the public do-
main.
(d) Special searches
For the purpose of this section, the term ‘‘spe-
cial search’’ means the response of the Depart-
ment of Defense to any of the following:
(1) A statutory requirement to conduct a de-
classification review on a specified set of agen-
cy records.
(2) An Executive order to conduct a declas-
sification review on a specified set of agency
records.
(3) An order from the President or an official
with delegated authority from the President
to conduct a declassification review on a spec-
ified set of agency records.
(Pub. L. 106–398, § 1 [[div. A], title X, § 1075], Oct.
30, 2000, 114 Stat. 1654, 1654A–280.)
Editorial Notes
REFERENCES IN TEXT
This section, referred to in subsec. (d), is section 1075
of H.R. 5408 of the 106th Congress, as introduced on Oct.
6, 2000, and as enacted into law by section 1 of Pub. L.
106–398, Oct. 30, 2000, 114 Stat. 1654. See Codification
note below.
CODIFICATION
Section was formerly classified as a note under sec-
tion 435 of this title prior to editorial reclassification
as this section.
Section is comprised of section 1075 of H.R. 5408 of the
106th Congress, as introduced on Oct. 6, 2000, and as en-
acted into law by section 1 of Pub. L. 106–398, Oct. 30,
2000, 114 Stat. 1654. Subsec. (a) of section 1075 amended
former section 230
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3348
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.