Sec. 303. Prior congressional notification of initiations of certain new special access programs
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Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for the intelligence community for fiscal year 2016 may be used to initiate any new special access program pertaining to any intelligence or intelligence-related activity or covert action unless the Director of National Intelligence or the Secretary of Defense, as appropriate, submits to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate, by not later than 30 days before initiating such a program, written notification of the intention to initiate the program.
The Director of National Intelligence or the Secretary of Defense, as appropriate, may waive subsection
(a)with respect to the initiation of a new special access program if the Director or Secretary, as the case may be, determines that an emergency situation makes it impossible or impractical to provide the notice required under such subsection by the date that is 30 days before such initiation. If the Director or Secretary issues a waiver under paragraph (1), the Director or Secretary, as the case may be, shall submit to the congressional intelligence committees and the Committees on Armed Services of the House of Representatives and the Senate, by not later than 48 hours after the initiation of the new special access program covered by the waiver, written notice of the waiver and a justification for the waiver, including a description of the emergency situation that necessitated the waiver. In this section, the term special access program has the meaning given such term in Executive Order 13526 as in effect on the date of the enactment of this Act.