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10 U.S.C. § 119 — Special access programs: congressional oversight
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
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Source file: Laws/federal/codes/united-states-code/title-10/section-119-special-access-programs-congressional-oversight--d7ec3d3fc7.md
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Source location: Title 10, Chapter 2, § 119; chapter-002-department-of-defense.md
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**(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 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.
(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)**
(1) Whenever a change in the classification of a special access program of the Department of Defense is planned to be made or whenever classified information concerning a special access program of the Department of Defense is to be declassified and made public, the Secretary of Defense shall submit to the 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 Secretary 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 Department of Defense, the Secretary 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)** 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)** A special access program may not be initiated until—
(1) the defense committees are notified of the program; and
(2) a period of 30 days elapses after such notification is received.
**(g)** In this section, the term “defense committees” means—
(1) the Committee on Armed Services and the Committee on Appropriations, and the Defense Subcommittee of the Committee on Appropriations, of the Senate; and
(2) the Committee on Armed Services and the Committee on Appropriations, and the Subcommittee on Defense of the Committee on Appropriations, of the House of Representatives.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Department of Defense is an executive department of the United States.
**(b)** The Department is composed of the following:
(1) The Office of the Secretary of Defense.
(2) The Joint Chiefs of Staff.
(3) The Joint Staff.
(4) The Defense Agencies.
(5) Department of Defense Field Activities.
(6) The Department of the Army.
(7) The Department of the Navy.
(8) The Department of the Air Force.
(9) The unified and specified combatant commands.
(10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President.
(11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10).
**(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 111
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Federal law — U.S. Code and appendices · legal_authorities
Laws prohibiting the employment of, or payment of pay or expenses to, a person who is not a citizen of the United States do not apply to personnel of the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1584
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedure for Transfer of Funds.—** Whenever authority is provided in an appropriation Act to transfer amounts in working capital funds or to transfer amounts provided in appropriation Acts for military functions of the Department of Defense (other than military construction) between such funds or appropriations (or any subdivision thereof), amounts transferred under such authority shall be merged with and be available for the same purposes and for the same time period as the fund or appropriations to which transferred.
**(b) Limitations on Programs for Which Authority May Be Used.—** Such authority to transfer amounts—
(1) may not be used except to provide funds for a higher priority item, based on unforeseen military requirements, than the items for which the funds were originally appropriated; and
(2) may not be used if the item to which the funds would be transferred is an item for which Congress has denied funds.
**(c) Notice to Congress.—** The Secretary of Defense shall promptly notify the Congress of each transfer made under such authority to transfer amounts.
**(d) Limitations on Requests to Congress for Reprogrammings.—** Neither the Secretary of Defense nor the Secretary of a military department may prepare or present to the Congress, or to any committee of either House of the Congress, a request with respect to a reprogramming of funds—
(1) unless the funds to be transferred are to be used for a higher priority item, based on unforeseen military requirements, than the item for which the funds were originally appropriated; or
(2) if the request would be for authority to reprogram amounts to an item for which the Congress has denied funds.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2214
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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)** Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern access to classified information which shall be binding upon all departments, agencies, and offices of the executive branch of Government. Such procedures shall, at a minimum—
(1) provide that, except as may be permitted by the President, no employee in the executive branch of Government may be given access to classified information by any department, agency, or office of the executive branch of Government unless, based upon an appropriate background investigation, such access is determined to be clearly consistent with the national security interests of the United States;
(2) establish uniform minimum requirements governing the scope and frequency of background investigations and reinvestigations for all employees in the executive branch of Government who require access to classified information as part of their official responsibilities;
(3) provide that all employees in the executive branch of Government who require access to classified information shall be required as a condition of such access to provide to the employing department or agency written consent which permits access by an authorized investigative agency to relevant financial records, other financial information, consumer reports, travel records, and computers used in the performance of Government duties, as determined by the President, in accordance with [section 3162 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3162&num=0&edition=prelim), during the period of access to classified information and for a period of three years thereafter;
(4) provide that all employees in the executive branch of Government who require
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3172
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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 132
TITLE 10—ARMED FORCES
§ 119
(9) identify mechanisms to provide informa-
tion on defense technology priorities to indus-
try to enable industry to invest deliberately in
emerging technologies to build and broaden
the capabilities of the industrial base.
(c) COORDINATION.—The Secretary of Defense
shall develop the strategy under subsection (a)
in coordination with relevant entities within
the Office of the Secretary of Defense, the mili-
tary departments, the research organizations of
Defense Agencies and Department of Defense
Field Activities, the intelligence community,
defense and technology industry partners, re-
search and development partners, other Federal
research agencies, allies and partners of the
United States, and other appropriate organiza-
tions.
(d) CONSIDERATIONS.—In developing the strat-
egy under subsection (a), the Secretary of De-
fense shall consider—
(1) the operational challenges identified in
the National Defense Strategy and the techno-
logical threats and opportunities identified
through the global technology review and as-
sessment activities of the Department of De-
fense, the intelligence community, and other
technology partners;
(2)
current
military
requirements
and
emerging technologies in the defense and com-
mercial sectors;
(3) the capabilities of foreign near-peer and
peer nations;
(4) the need to support the development of a
robust trusted and assured industrial base to
manufacture and sustain the technologies and
capabilities to meet defense requirements; and
(5) near-term, mid-term, and long-term tech-
nology and capability development goals.
(e) REPORTS.—
(1) SUBSEQUENT REPORTS AND UPDATES.—Not
later than February 1 of the year following
each fiscal year in which the National Defense
Strategy i
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 119
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