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50 U.S.C. § 2426 — Congressional oversight of special access programs
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
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Source file: Laws/federal/codes/united-states-code/title-50/section-2426-congressional-oversight-of-special-access-programs--c18eeec905.md
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Source location: Title 50, Chapter 41, § 2426; chapter-041-national-nuclear-security-administration.md
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**(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 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) Reports on changes in classification of special access programs**
(1) Whenever a change in the classification of a special access program of the Administration is planned to be made or whenever classified information concerning a special access program of the Administration is to be declassified and made public, the Administrator shall submit to the congressional 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 Administrator 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 Administration, the Administrator 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) Notice of change in SAP designation criteria** Whenever there is a modification or termination of the policy and criteria used for designating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional 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) Waiver authority**
(1) The Administrator may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Administrator determines that inclusion of that information in the report would adversely affect the national security. The Administrator may waive the report-and-wait requirement in subsection (f) if the Administrator determines that compliance with such requirement would adversely affect the national security. Any waiver under this paragraph shall be made on a case-by-case basis.
(2) If the Administrator exercises the authority provided under paragraph (1), the Administrator 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 congressional defense committees.
**(f) Report and wait for initiating new programs** A special access program may not be initiated until—
(1) the congressional defense committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
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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
### 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
**(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) 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—
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3348
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3348a
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Federal law — U.S. Code and appendices · legal_authorities
Page 406
TITLE 50—WAR AND NATIONAL DEFENSE
§ 2426
(Pub. L. 106–65, div. C, title XXXII, § 3235, Oct. 5,
1999, 113 Stat. 961; Pub. L. 113–66, div. C, title
XXXI, § 3145(c), Dec. 26, 2013, 127 Stat. 1071.)
Editorial Notes
REFERENCES IN TEXT
The Electronic Communications Privacy Act of 1986,
referred to in subsec. (b), is Pub. L. 99–508, Oct. 21, 1986,
100 Stat. 1848. For complete classification of this Act to
the Code, see Short Title of 1986 Amendment note set
out under section 2510 of Title 18, Crimes and Criminal
Procedure, and Tables.
AMENDMENTS
2013—Subsec. (b). Pub. L. 113–66 inserted ‘‘(Public Law
99–508; 100 Stat. 1848)’’ after ‘‘of 1986’’.
§ 2426. Congressional oversight of special access
programs
(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 pro-
grams in the President’s budget for the next
fiscal year submitted under section 1105 of
title 31; 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 mile-
stones 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 pro-
gram 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 ex-
pected to be conducted.
(b) Annual report on n
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 2426
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