---
kind: "section"
citation: "10 U.S.C. § 119"
title: "10"
title_heading: "Armed Forces"
number: "119"
heading: "Special access programs: congressional oversight"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/119"
units:
  - "Subtitle A — General Military Law"
  - "Part I — Organization and General Military Powers"
  - "Chapter 2 — Department of Defense"
---

# §119. Special access programs: congressional oversight

- (a)
  - (1) Not later than March 1 of each year, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the defense committees a report on special access [programs](/usc/10/2101.md?p=1).
  - (2) Each such report shall set forth—
    - (A) the total amount requested for special access [programs](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense in the President’s budget for the next fiscal year submitted under [section 1105 of title 31](/usc/31/1105.md); and
    - (B) for each [program](/usc/10/2101.md?p=1) in that budget that is a special access [program](/usc/10/2101.md?p=1)—
      - (i) a brief description of the [program](/usc/10/2101.md?p=1);
      - (ii) a brief discussion of the major milestones established for the [program](/usc/10/2101.md?p=1);
      - (iii) the actual cost of the [program](/usc/10/2101.md?p=1) for each fiscal year during which the [program](/usc/10/2101.md?p=1) has been conducted before the fiscal year during which that budget is submitted; and
      - (iv) the estimated total cost of the [program](/usc/10/2101.md?p=1) and the estimated cost of the [program](/usc/10/2101.md?p=1) 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](/usc/10/2101.md?p=1) is expected to be conducted.
  - (3) In the case of a report under [paragraph (1)](#a-1) submitted in a year during which the President’s budget for the next fiscal year, because of multiyear budgeting for the [Department](/usc/10/101.md?p=a-6) of Defense, does not include a full budget request for the [Department](/usc/10/101.md?p=a-6) of Defense, the report required by [paragraph (1)](#a-1) shall set forth—
    - (A) the total amount already appropriated for the next fiscal year for special access [programs](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense and any additional amount requested in that budget for such [programs](/usc/10/2101.md?p=1) for such fiscal year; and
    - (B) for each [program](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense that is a special access [program](/usc/10/2101.md?p=1), the information specified in [paragraph (2)(B)](#a-2-B).
- (b)
  - (1) Not later than February 1 of each year, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the defense committees a report that, with respect to each new special access [program](/usc/10/2101.md?p=1), provides—
    - (A) notice of the designation of the [program](/usc/10/2101.md?p=1) as a special access [program](/usc/10/2101.md?p=1); and
    - (B) justification for such designation.
  - (2) A report under [paragraph (1)](#b-1) with respect to a [program](/usc/10/2101.md?p=1) shall include—
    - (A) the current estimate of the total [program](/usc/10/2101.md?p=1) cost for the [program](/usc/10/2101.md?p=1); and
    - (B) an identification of existing [programs](/usc/10/2101.md?p=1) or technologies that are similar to the technology, or that have a mission similar to the mission, of the [program](/usc/10/2101.md?p=1) that is the subject of the notice.
  - (3) In this subsection, the term “new special access [program](/usc/10/2101.md?p=1)” means a special access [program](/usc/10/2101.md?p=1) 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](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense is planned to be made or whenever [classified information](/usc/10/801.md?p=15) concerning a special access [program](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense is to be declassified and made public, the [Secretary](/usc/10/4951.md?p=3) 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)](#c-3), any report referred to in [paragraph (1)](#c-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](/usc/10/4951.md?p=3) determines that because of exceptional circumstances the requirement of [paragraph (2)](#c-2) cannot be met with respect to a proposed change or public announcement concerning a special access [program](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense, the [Secretary](/usc/10/4951.md?p=3) may submit the report required by [paragraph (1)](#c-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](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense as a special access [program](/usc/10/2101.md?p=1), the [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/4951.md?p=3) of Defense may waive any requirement under subsection [(a)](#a), [(b)](#b), or [(c)](#c) that certain information be included in a report under that subsection if the [Secretary](/usc/10/4951.md?p=3) determines that inclusion of that information in the report would adversely affect the [national security](/usc/10/801.md?p=16). Any such waiver shall be made on a case-by-case basis.
  - (2) If the [Secretary](/usc/10/4951.md?p=3) exercises the authority provided under [paragraph (1)](#e-1), the [Secretary](/usc/10/4951.md?p=3) shall provide the information described in that subsection with respect to the special access [program](/usc/10/2101.md?p=1) 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](/usc/10/2101.md?p=1) may not be initiated until—
  - (1) the defense committees are notified of the [program](/usc/10/2101.md?p=1); 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.

## Source credit

(Added Pub. L. 100–180, div. A, title XI, § 1132(a)(1), Dec. 4, 1987, 101 Stat. 1151; amended Pub. L. 101–510, div. A, title XIV, §§ 1461, 1482(a), Nov. 5, 1990, 104 Stat. 1698, 1709; Pub. L. 104–106, div. A, title X, § 1055, title XV, § 1502(a)(4), Feb. 10, 1996, 110 Stat. 442, 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–107, div. A, title X, § 1048(a)(2), Dec. 28, 2001, 115 Stat. 1222.)

## Notes

### Editorial Notes

### Amendments

2001—Subsec. (g)(2). Pub. L. 107–107 substituted “Subcommittee on Defense” for “National Security Subcommittee”.

1999—Subsec. (g)(2). Pub. L. 106–65 substituted “Committee on Armed Services” for “Committee on National Security”.

1996—Subsec. (a)(1). Pub. L. 104–106, § 1055, substituted “March 1” for “February 1”.

Subsec. (g). Pub. L. 104–106, § 1502(a)(4), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

“(1) the Committees on Armed Services and Appropriations of the Senate and House of Representatives; and

“(2) the Defense Subcommittees of the Committees on Appropriations of the Senate and House of Representatives.”

1990—Subsec. (c). Pub. L. 101–510, § 1461(a), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “Whenever a change is made in the status of a program of the Department of Defense as a special access program, the Secretary of Defense shall submit to the defense committees a report describing the change. Any such report shall be submitted not later than 30 days after the date on which the change takes effect.”

Subsec. (f). Pub. L. 101–510, § 1482(a)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Pub. L. 101–510, § 1461(b), inserted “and Appropriations” after “Armed Services” in par. (1).

Subsec. (g). Pub. L. 101–510, § 1482(a)(1), redesignated subsec. (f) as (g).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1990 Amendment

Pub. L. 101–510, div. A, title XIV, § 1482(d), Nov. 5, 1990, 104 Stat. 1710, provided that: “The amendments made by this section [enacting section 2214 of this title and amending this section and section 1584 of this title] shall take effect on October 1, 1991.”

### Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions in subsecs. (a) and (b) of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

### Initial Reports on Special Access Programs

Pub. L. 100–180, div. A, title XI, § 1132(b), (c), Dec. 4, 1987, 101 Stat. 1152, required that the first report under subsec. (a) of this section set forth the amount that had been requested in the President’s budget for each of the five previous fiscal years for special access programs of the Department of Defense and the amount appropriated for each such year for such programs, and required that the first report under subsec. (b) of this section cover existing special access programs.