50 U.S.C. § 2426 — Congressional oversight of special access

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 new special access pro- grams (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 pro- gram cost for the program; and (B) an identification of existing programs or technologies that are similar to the tech- nology, 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 in- formation 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 re- port referred to in paragraph (1) shall be sub- mitted not less than 14 days before the date on which the proposed change or public announce- ment is to occur. (3) If the Administrator determines that be- cause of exceptional circumstances the require- ment of paragraph (2) cannot be met with re- spect to a proposed change or public announce- ment 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 cir- cumstances. (d) Notice of change in SAP designation criteria Whenever there is a modification or termi- nation of the policy and criteria used for desig- nating a program of the Administration as a special access program, the Administrator shall promptly notify the congressional defense com- mittees 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 pol- icy as modified. (e) Waiver authority (1) The Administrator may waive any require- ment under subsection (a), (b), or (c) that cer- tain 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 Admin- istrator 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 author- ity provided under paragraph (1), the Adminis- trator shall provide the information described in that subsection with respect to the special ac- cess program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the con- gressional 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 noti- fication is received. Page 407 TITLE 50—WAR AND NATIONAL DEFENSE § 2441 (Pub. L. 106–65, div. C, title XXXII, § 3236, Oct. 5, 1999, 113 Stat. 962; Pub. L. 113–291, div. C, title XXXI, § 3143(b), Dec. 19, 2014, 128 Stat. 3902.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 2122a of Title 42, The Public Health and Welfare, prior to repeal by Pub. L. 106–65, § 3294(e)(1)(A). AMENDMENTS 2014—Subsec. (a)(2)(B)(iv). Pub. L. 113–291 substituted ‘‘program for—’’ for ‘‘program for’’ before subcl. (I) des- ignation, ‘‘year;’’ for ‘‘year,’’ at end of subcl. (I), and ‘‘; and’’ for ‘‘, and’’ at end of subcl. (II) and realigned margins of subcls. (I) to (III). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as a note under section 2401 of this title. SUBCHAPTER III—MATTERS RELATING TO PERSONNEL Statutory Notes and Related Subsidiaries PAY ADJUSTMENT DEMONSTRATION PROJECT Pub. L. 115–91, div. C, title XXXI, § 3116(a), Dec. 12, 2017, 131 Stat. 1888, provided that: ‘‘(1) EXTENSION.—The Administrator for Nuclear Se- curity shall carry out the pay banding and perform- ance-based pay adjustment demonstration project of the National Nuclear Security Administration author- ized under section 4703 of title 5, United States Code, until the date that is 10 years after the date of the en- actment of this Act [Dec. 12, 2017]. ‘‘(2) MODIFICATIONS.—In carrying out the demonstra- tion project described in paragraph (1), the Adminis- trator— ‘‘(A) may, subject to subparagraph (B), revise the requirements and limitations of the demonstration project to the extent necessary; and ‘‘(B) shall— ‘‘(i) ensure that the demonstration project is car- ried out in a manner consistent with the plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776); ‘‘(ii) ensure that significant changes in the dem- onstration project not take effect until revisions, as necessary and applicable, to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Fed- eral Register; ‘‘(iii) ensure that procedural modifications or clarifications to the plan for the demonstration project be made through local notification proc- esses; ‘‘(iv) authorize, and establish incentives for, em- ployees of the National Nuclear Security Adminis- tration to have rotational assignments among dif- ferent programs of the Administration, the head- quarters and field offices of the Administration, and the management and operating contractors of the Administration; and ‘‘(v) establish requirements for employees of the Administration who are in the demonstration project described in paragraph (1) to be promoted to senior-level positions in the Administration, in- cluding requirements with respect to— ‘‘(I) professional training and continuing edu- cation; and ‘‘(II) a certain number and types of rotational assignments under clause (iv), as determined by the Administrator. ‘‘(3) APPLICATION TO NAVAL NUCLEAR PROPULSION PRO- GRAM.—The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of the National Nuclear Security Administration Act (50 U.S.C. 2406) may, with the concurrence of the Secretary of the Navy, apply the demonstration project described in paragraph (1) to— ‘‘(A) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in sec- tion 2102 of title 5, United States Code); and ‘‘(B) all employees of the Department of [the] Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems).’’ ROTATIONS FOR CERTAIN CONTRACTORS Pub. L. 115–91, div. C, title XXXI, § 3116(b), Dec. 12, 2017, 131 Stat. 1889, provided that: ‘‘(1) INCREASED USE.—The Administrator for Nuclear Security shall increase the use of rotational assign- ments of employees of the management and operating contractors of the National Nuclear Security Adminis- tration to the headquarters of the Administration, the Department of Defense and the military departments, the intelligence community, and other departments and agencies of the Federal Government. ‘‘(2) METHODS.—The Administrator shall carry out paragraph (1) by— ‘‘(A) establishing incentives for— ‘‘(i) the management and operating contractors of the Administration and the employees of such con- tractors to participate in rotational assignments; and ‘‘(ii) the departments and agencies of the Federal Government specified in such paragraph to facili- tate such assignments; ‘‘(B) providing professional and leadership develop- ment opportunities during such assignments; ‘‘(C) using details and other applicable authorities and programs, including the mobility program under subchapter VI of chapter 33 of title 5, United States Code (commonly referred to as the ‘Intergovern- mental Personnel Act Mobility Program’); and ‘‘(D) taking such other actions as the Adminis- trator determines appropriate to increase the use of such rotational assignments.’’ § 2441. Authority to establish certain contracting, program management, scientific, engineer- ing, and technical positions The Administrator may, for the purposes of carrying out the responsibilities of the Adminis- trator under this chapter, establish not more than 1,200 contracting, program management, scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Admin- istrator to make appointments and fix com- pensation with respect to positions in the Ad- ministration under this section shall be equiva- lent to, and subject to the limitations of, the au- thority under section 2201(d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such sec- tion. To ensure that the positions established under this section are used, the Administrator, to the extent practicable, shall appoint an indi- vidual to such a position to replace the vacancy of a position not established under this section. (Pub. L. 106–65, div. C, title XXXII, § 3241, Oct. 5, 1999, 113 Stat. 964; Pub. L. 112–239, div. C, title