107 STAT. 1760 PUBLIC LAW 103-160—NOV. 30, 1993 proposed change, declassification, or public announcement at any time before the proposed change, declassification, or public annoimcement is made and shall include in the report an explanation of the exceptional circumstances. (d) REVISION OF CRITERIA FOR DESIGNATING PROGRAMS.— Whenever there is a modification or termination of the policy and criteria used for designating a program of a covered department or agency as a special access program, the head of the department or agency shall promptly notify Congress 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) WAIVER OF REPORTING REQUIREMENT. —(1) The head of a covered department or agency may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the head of the department or agency 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 head of a department or agency exercises the authority provided under paragraph (1), the head of the department or agency shall provide the information described in that subsection with respect to the special access program concerned, and the justifica- • tion for the waiver, to Congress. (f) INITIATION OF PROGRAMS.—^A special access program may not be initiated by a covered department or agency until— (1) the appropriate oversight committees are notified of the program; and (2) a period of 30 days elapses after such notification is received. (g) DEFINITIONS. — For purposes of this section: (1) COVERED DEPARTMENT OR AGENCY. — (A) Except as provided in subparagraph (B), the term "covered department or agency" means any department or agency of the Federal Grf>vernment that carries out a special access program. (B) Such term does not include— (i) the Department of Defense (which is required to submit reports on special access programs under section 119 of title 10, United States Code); (ii) the Department of Energy, with respect to special access programs carried out under the atomic energy defense activities of that department (for which the Secretary of Energy is required to submit reports under section 93 of the Atomic Energy Act of 1954); or (iii) an agency in the Intelligence Community (as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 401a)). (2) SPECIAL ACCESS PROGRAM.—The term "special access program" means any program that, under the authority of Executive Order 12356 (or any successor Executive order), is established by the head of a department or agency whom the President has designated in the Federal Register as an original "secret" or "top secret" classification authority that imposes "need-to-know" controls or access controls beyond those controls normally required (by regulations applicable to such department or agency) for access to information classified as "confidential", "secret", or "top secret".
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