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

# §119a. Programs managed under alternative compensatory control measures: congressional oversight

- (a) **Annual Report on Current Programs Under ACCMS.—**
  - (1) **In general.—** Not later than March 1 each year, the [Secretary](/usc/10/4951.md?p=3) of Defense shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) a report on the [programs](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) of Defense.
  - (2) **Elements.—** Each report under [paragraph (1)](#a-1) shall set forth the following:
    - (A) The total amount requested for [programs](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) in the budget of the President under [section 1105 of title 31](/usc/31/1105.md) for the fiscal year beginning in the fiscal year in which such report is submitted.
    - (B) For each [program](/usc/10/2101.md?p=1) in that budget that is a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6)—
      - (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 that 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) **Elements on programs covered by multiyear budgeting.—** In the case of a report under [paragraph (1)](#a-1) submitted in a year during which the budget of the President for the fiscal year concerned does not, because of multiyear budgeting for the [Department](/usc/10/101.md?p=a-6), include a full budget request for the [Department](/usc/10/101.md?p=a-6), the report required by [paragraph (1)](#a-1) shall set forth—
    - (A) the total amount already appropriated for the next fiscal year for [programs](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6), 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) that is a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6), the information specified in [paragraph (2)(B)](#a-2-B).
- (b) **Annual Report on New Programs Under ACCMS.—**
  - (1) **In general.—** Not later than February 1 each year, the [Secretary](/usc/10/4951.md?p=3) shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) a report that, with respect to each new [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6), provides—
    - (A) notice of the designation of the [program](/usc/10/2101.md?p=1) as a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6); and
    - (B) a justification for such designation.
  - (2) **Additional elements.—** 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 report.
  - (3) **New program being managed under alternative compensatory control measures defined.—** In this subsection, the term “new [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures” means a [program](/usc/10/2101.md?p=1) in the [Department](/usc/10/101.md?p=a-6) that has not previously been covered by a report under this subsection.
- (c) **Report on Change in Classification or Declassification of Programs.—**
  - (1) **In general.—** Whenever a change in the classification of a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) is planned to be made, or whenever [classified information](/usc/10/801.md?p=15) concerning a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) is to be declassified and made public, the [Secretary](/usc/10/4951.md?p=3) shall submit to the [congressional defense committees](/usc/10/101.md?p=a-16) 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) **Deadline for report.—** Except as provided in [paragraph (3)](#c-3), a report required by [paragraph (1)](#c-1) shall be submitted not less than 14 days before the date on which the proposed change or public announcement concerned is to occur.
  - (3) **Exception.—** If the [Secretary](/usc/10/4951.md?p=3) determines that because of exceptional circumstances the requirement in [paragraph (2)](#c-2) cannot be met with respect to a proposed change or public announcement concerning a [program](/usc/10/2101.md?p=1) covered by [paragraph (1)](#c-1), the [Secretary](/usc/10/4951.md?p=3) may submit the report required by that paragraph 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) **Modification of Criteria or Policy for Designating Programs Under Accms.—** Whenever there is a modification or termination of the policy or criteria used for designating a [program](/usc/10/2101.md?p=1) as a [program](/usc/10/2101.md?p=1) being managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6), the [Secretary](/usc/10/4951.md?p=3) shall promptly notify the [congressional defense committees](/usc/10/101.md?p=a-16) 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 or criteria as modified.
- (e) **Waiver.—**
  - (1) **In general.—** The [Secretary](/usc/10/4951.md?p=3) may waive any requirement in subsection [(a)](#a), [(b)](#b), or [(c)](#c) that certain information be included in a report under such 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) **Notice to congress.—** If the [Secretary](/usc/10/4951.md?p=3) exercises the authority in [paragraph (1)](#e-1), the [Secretary](/usc/10/4951.md?p=3) shall provide the information described in the applicable subsection with respect to the [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 [congressional defense committees](/usc/10/101.md?p=a-16).
- (f) **Limitation on Initiation of Programs Under Accms.—**
  - (1) **Notice and wait.—** Except as provided in [paragraph (2)](#f-2), a [program](/usc/10/2101.md?p=1) to be managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) may not be initiated until—
    - (A) the [congressional defense committees](/usc/10/101.md?p=a-16) are notified of the [program](/usc/10/2101.md?p=1); and
    - (B) a period of 30 days elapses after such notification is received.
  - (2) **Exception.—** If the [Secretary](/usc/10/4951.md?p=3) determines that waiting for the [regular](/usc/10/101.md?p=b-12) notification process before initiating a [program](/usc/10/2101.md?p=1) as described in [paragraph (1)](#f-1) would cause exceptionally grave damage to the [national security](/usc/10/801.md?p=16), the [Secretary](/usc/10/4951.md?p=3) may begin a [program](/usc/10/2101.md?p=1) to be managed under alternative compensatory control measures in the [Department](/usc/10/101.md?p=a-6) before such waiting period elapses. The [Secretary](/usc/10/4951.md?p=3) shall notify the [congressional defense committees](/usc/10/101.md?p=a-16) within 10 days of initiating a [program](/usc/10/2101.md?p=1) under this paragraph, including a justification for the determination of the [Secretary](/usc/10/4951.md?p=3) that waiting for the [regular](/usc/10/101.md?p=b-12) notification process would cause exceptionally grave damage to the [national security](/usc/10/801.md?p=16).
- (g) **Congressional Oversight.—**
  - (1) Neither the [Secretary](/usc/10/4951.md?p=3) of Defense nor the Director of National Intelligence may take any action that would have the effect of limiting the access of the [congressional defense committees](/usc/10/101.md?p=a-16) to—
    - (A) any classified [program](/usc/10/2101.md?p=1), or any information about any classified [program](/usc/10/2101.md?p=1), to which such committees have access as of the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022; or
    - (B) any classified [program](/usc/10/2101.md?p=1) established, or any information about any classified [program](/usc/10/2101.md?p=1) that becomes available, after the date of the enactment of such Act that is within the jurisdiction of such committees.
  - (2) In this subsection, the term “classified [program](/usc/10/2101.md?p=1)” [includes](/usc/10/101.md?p=g-4) any special access [program](/usc/10/2101.md?p=1), alternative compensatory control measure, or any other controlled access [program](/usc/10/2101.md?p=1).

## Source credit

(Added Pub. L. 114–328, div. A, title X, § 1062(a), Dec. 23, 2016, 130 Stat. 2405; amended Pub. L. 116–92, div. A, title XVII, § 1731(a)(4), Dec. 20, 2019, 133 Stat. 1812; Pub. L. 117–81, div. A, title X, § 1041(b), Dec. 27, 2021, 135 Stat. 1903.)

## Notes

### Editorial Notes

### References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2022 and the date of the enactment of such Act, referred to in subsec. (g)(1), is the date of enactment of Pub. L. 117–81, which was approved Dec. 27, 2021.

### Amendments

2021—Subsec. (g). Pub. L. 117–81 added subsec. (g).

2019—Subsecs. (a), (b). Pub. L. 116–92 substituted “ACCMS” for “AACMS” in subsec. heading.