PUBLIC LAW 103-160—NOV. 30, 1993 107 STAT. 1955 not less than 14 days before the date on which the proposed change or public announcement is to occur. "(3) TIME WAIVER FOR EXCEPTIONAL CIRCUMSTANCES. — If the Secretary determines that because of exceptional circumstances the requirement of paragraph (2) cannot be met with respect to a proposed change or public announcement concerning a special access program of the Department of Energy, the Secretary' may submit the report required by paragraph (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) NOTICE OF CHANGE IN SAP DESIGNATION CRITERIA.— Whenever there is a modification or termination of the policy and criteria used for designating a program of the Department of Energy as a special access program, the Secretary of Energy 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 as modified. " (e) WAIVER AUTHORITY.— "(1) IN GENERAL.— The Secretary of Energy may waive any requirement under subsection (a), (b), or (c) that certain information be included in a report under that subsection if the Secretary determines that inclusion of that information in the report would adversely affect the national security. The Secretary may waive the report-and-wait requirement in subsection (f) if the Secretary determines that compliance with such requirement would adversely afFect the national security. Any waiver under this paragraph shall be made on a caseby-case basis. "(2) LIMITED NOTICE REQUIRED.—If the Secretary exercises the authority provided under paragraph (1), the Secretary shall provide the information described in that subsection with respect to the special access program concerned, and the justification for the waiver, jointly to the chairman and ranking minority member of each of the congressional defense committees. "(f) REPORT AND WAIT FOR INITIATING NEW PROGRAMS.— A special access program may not be initiated until— "(1) the congressional defense committees are notified of the program; and "(2) a period of 30 days elapses after such notification is received. "(g) CONGRESSIONAL DEFENSE COMMITTEES DEFINED.— In this section, the term 'congressional defense committees' means the Committees on Armed Services and the Committees on Appropriations of the Senate and House of Representatives.". (b) CLERICAL AMENDMENT. —The table of contents at the beginning of the Atomic Energy Act of 1954 is amended by inserting after the item relating to section 92 the following new item: "Sec. 93. Congressional oversight of special access programs.".
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