Disclosure depends on who determines what Congress can see, and who has the power to deny access to Black Projects.

With whistle-blowers and Congressional committees working to decipher the ongoing revelations, it’s not clear who has the authority to decide what programs can be hidden from oversight. After some digging into the topic I discovered and examined the government documents that outline the hierarchy involved with determining who has the final say concerning special access programs, I found that it is not Congress.

The key military black projects, (properly called PACs, (aka, special access programs.)) are in charge of the most secret programs. The money for these projects is called the black budget.

*(1) Black project – Wikipedia.* [*https://en.wikipedia.org/wiki/Black\_project*](https://en.wikipedia.org/wiki/Black_project)*.*

*(2) Special Access Programs And The Pentagon’s Ecosystem Of Secrecy – The Drive.* [*https://www.thedrive.com/the-war-zone/29092/special-access-programs-and-the-pentagons-ecosystem-of-secrecy*](https://www.thedrive.com/the-war-zone/29092/special-access-programs-and-the-pentagons-ecosystem-of-secrecy)*.*

*(3) The U.S. Government Hides Some Of Its Darkest Secrets At … – The Drive.* [*https://www.thedrive.com/the-war-zone/35197/the-department-of-energy-may-be-the-best-place-to-keep-a-secret*](https://www.thedrive.com/the-war-zone/35197/the-department-of-energy-may-be-the-best-place-to-keep-a-secret)*.*

*The congressional defense* and intelligence committees are the primary legislative authorities for oversight of PACs.

If you look at this excerpt from a DOD directive document, the word “waived” is used.

[DoDD 5205.07, Special Access Program Policy, July 1, 2010, Incorporating Change 2 on February 4, 2020 (whs.mil)](https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodd/520507p.pdf?ver=2020-02-04-142942-827)

According to the Department of Defense Directive, the congressional defense and intelligence committees shall enforce the physical custody procedures in practice by the Department of Defense for all non-waived SAP material and information. Members of Congress assigned to designated defense and intelligence committees shall be authorized access to DoD SAPs within the respective committee’s SAP oversight role, ***except for waived programs***.

So here we find out that SAPs can be waived, what does that mean? Excerpt:

***5. When the Secretary of Defense determines that national security would be adversely affected if SAP data is reported to Congress using standard processes, he or she may designate select unacknowledged SAPs as waived in accordance with Reference c.***

In reference c. (Below) it is shown that the President (aka executive branch) and the Secretary of Defense can block Congress from seeing sensitive SAPs.

***The DoD SAP Central Office (SAPCO), under the authority, direction, and control of the Deputy Secretary of Defense, is established and is the primary DoD liaison with agencies of the Executive Branch and the Congress on all issues relating to DoD SAPs, except as noted in Reference (k). The Director, DoD SAPCO, shall be a flag officer or Senior Executive Service equivalent appointed by the Deputy Secretary of Defense.***

From reading these documents I have found that the Secretary of Defense, after consulting with the Director of National Intelligence, may request that the President **waive the requirement for reporting to Congress on a specific SAP**, meaning there is a mechanism for keeping certain SAPs from Congress.

This means that while congressional defense and intelligence committees oversee most SAPs, they will not always have access to information about waived programs.

[*https://crsreports.congress.gov/product/pdf/R/R46357*](https://crsreports.congress.gov/product/pdf/R/R46357)

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[*https://en.wikipedia.org/wiki/Congressional\_oversight*](https://en.wikipedia.org/wiki/Congressional_oversight)

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[*https://crsreports.congress.gov/product/pdf/IF/IF12080*](https://crsreports.congress.gov/product/pdf/IF/IF12080)

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[*https://www.cdse.edu/Portals/124/Documents/student-guides/SA001-guide.pdf*](https://www.cdse.edu/Portals/124/Documents/student-guides/SA001-guide.pdf)

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