10 U.S.C. § 119a — Programs managed under alternative compensatory control measures: congressional oversight

submitted 10 years ago by Pub. L. 114-328 to r/title-10-ARMED-FORCES · 1,221 words · no verdicts yet

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The Secretary of Defense must send Congress yearly reports on secret Pentagon programs with extra security controls. The reports list budgets, costs, and any new or changing programs. Congress must get advance notice before a new program starts or one becomes public. The Secretary can withhold some details, but only to protect national security.

(a) Annual Report on Current Programs Under ACCMs. (1) Every year, no later than March 1, the Secretary of Defense must send a report to the congressional defense committees about programs the Department is running under "alternative compensatory control measures" (ACCMs) — an extra layer of security beyond normal classification. (2) Each report must include: the total amount requested for ACCM programs in the President's budget for the next fiscal year; and, for each ACCM program in that budget, a short description, its major milestones, its actual cost for every past fiscal year it has run, and its estimated total cost — broken out for the current year, the budget year, and the following four years. (3) In a year when the Department uses multiyear budgeting and the President's budget doesn't include a full budget request, the report must instead show the amount already appropriated for ACCM programs for the next fiscal year, plus any extra amount requested, and the same program-by-program details required under paragraph (2)(B). (b) Annual Report on New Programs Under ACCMs. (1) By February 1 each year, the Secretary must report on each new ACCM program, giving notice that it has been designated an ACCM program and explaining why. (2) That report must also include the program's current estimated total cost, and must identify any existing programs or technologies that are similar to it in mission or technology. (3) A "new program being managed under alternative compensatory control measures" means one that hasn't already been covered by a report under this subsection. (c) Report on Change in Classification or Declassification of Programs. (1) Whenever the Department plans to change an ACCM program's classification level, or to declassify and make public information about one, the Secretary must send Congress a report describing the change, the reasons for it, and any planned public announcement. (2) That report is due at least 14 days before the change or announcement, unless paragraph (3) applies. (3) If exceptional circumstances make the 14-day deadline impossible, the Secretary may report at any time before the change or announcement happens, but must explain the exceptional circumstances in the report. (d) Modification of Criteria or Policy for Designating Programs. If the Department changes or ends the policy or criteria it uses to decide whether a program counts as an ACCM program, the Secretary must promptly tell the congressional defense committees, explaining the reasons and, for a change, describing the new criteria. (e) Waiver. (1) The Secretary may skip including certain required information in a report under subsections (a), (b), or (c) if including it would hurt national security. Each such waiver must be decided case by case. (2) If the Secretary uses this waiver, the Secretary must still give the withheld information — and the reason for the waiver — to the chairman and the top minority member of each congressional defense committee. (f) Limitation on Initiating Programs Under ACCMs. (1) Normally, a new ACCM program cannot start until the congressional defense committees have been notified and 30 days have passed since that notice, unless paragraph (2) applies. (2) If waiting for that 30-day process would cause exceptionally grave damage to national security, the Secretary may start the program early, but must notify the committees within 10 days, explaining why the delay would have caused grave damage. (g) Congressional Oversight. (1) Neither the Secretary of Defense nor the Director of National Intelligence may limit the congressional defense committees' access to any classified program (or information about one) that those committees already had access to as of the enactment of the National Defense Authorization Act for Fiscal Year 2022, or to any classified program (or related information) created after that date that falls within the committees' jurisdiction. (2) In this subsection, "classified program" includes any special access program, alternative compensatory control measure, or other controlled-access program.

the actual law source: uscode.house.gov ↗public domain

(a)Annual Report on Current Programs Under ACCMS.—

(1)In general.—

Not later than March 1 each year, the Secretary of Defense shall submit to the congressional defense committees a report on the programs being managed under alternative compensatory control measures in the Department of Defense.

(2)Elements.—

Each report under paragraph (1) shall set forth the following:

(A)

The total amount requested for programs being managed under alternative compensatory control measures in the Department in the budget of the President under section 1105 of title 31 for the fiscal year beginning in the fiscal year in which such report is submitted.

(B)

For each program in that budget that is a program being managed under alternative compensatory control measures in the Department—

(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 that budget is submitted; and

(III)

each of the four succeeding fiscal years during which the program is expected to be conducted.

(3)Elements on programs covered by multiyear budgeting.—

In the case of a report under paragraph (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, include a full budget request for the Department, the report required by paragraph (1) shall set forth—

(A)

the total amount already appropriated for the next fiscal year for programs being managed under alternative compensatory control measures in the Department, and any additional amount requested in that budget for such programs for such fiscal year; and

(B)

for each program that is a program being managed under alternative compensatory control measures in the Department, the information specified in paragraph (2)(B).

(b)Annual Report on New Programs Under ACCMS.—

(1)In general.—

Not later than February 1 each year, the Secretary shall submit to the congressional defense committees a report that, with respect to each new program being managed under alternative compensatory control measures in the Department, provides—

(A)

notice of the designation of the program as a program being managed under alternative compensatory control measures in the Department; and

(B)

a justification for such designation.

(2)Additional elements.—

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 report.

(3)New program being managed under alternative compensatory control measures defined.—

In this subsection, the term “new program being managed under alternative compensatory control measures” means a program in the Department 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 being managed under alternative compensatory control measures in the Department is planned to be made, or whenever classified information concerning a program being managed under alternative compensatory control measures in the Department is to be declassified and made public, the Secretary 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)Deadline for report.—

Except as provided in paragraph (3), a report required by paragraph (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 determines that because of exceptional circumstances the requirement in paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a program covered by paragraph (1), the Secretary 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 as a program being managed under alternative compensatory control measures in the Department, the Secretary 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 or criteria as modified.

(e)Waiver.—

(1)In general.—

The Secretary may waive any requirement in subsection (a), (b), or (c) that certain information be included in a report under such 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)Notice to congress.—

If the Secretary exercises the authority in paragraph (1), the Secretary shall provide the information described in the applicable subsection with respect to the program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees.

(f)Limitation on Initiation of Programs Under Accms.—

(1)Notice and wait.—

Except as provided in paragraph (2), a program to be managed under alternative compensatory control measures in the Department may not be initiated until—

(A)

the congressional defense committees are notified of the program; and

(B)

a period of 30 days elapses after such notification is received.

(2)Exception.—

If the Secretary determines that waiting for the regular notification process before initiating a program as described in paragraph (1) would cause exceptionally grave damage to the national security, the Secretary may begin a program to be managed under alternative compensatory control measures in the Department before such waiting period elapses. The Secretary shall notify the congressional defense committees within 10 days of initiating a program under this paragraph, including a justification for the determination of the Secretary that waiting for the regular notification process would cause exceptionally grave damage to the national security.

(g)Congressional Oversight.—

(1)

Neither the Secretary 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 to—

(A)

any classified program, or any information about any classified program, 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 established, or any information about any classified program 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” includes any special access program, alternative compensatory control measure, or any other controlled access program.

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.)

history & why it existsrecord from the source credit

2016Enacted · Pub. L. 114-328 · 130 Stat. 2405
2019Amended · Pub. L. 116-92 · 133 Stat. 1812
2021Amended · Pub. L. 117-81 · 135 Stat. 1903

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-328 on 2016-12-23.

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