Congressional oversight of controlled access programs

50 U.S.C. § 3091a

• Title: 50 — War and National Defense
• Chapter: SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES

Text

(a) Periodic briefings
Not less frequently than semiannually or upon request by one of the appropriate congressional committees or a member of congressional leadership, the Director of National Intelligence shall provide to such committees and congressional leadership a briefing on each controlled access program in effect.
Each briefing provided under paragraph (1) shall include, at a minimum, the following:
(A) A description of the activity of the controlled access programs during the period covered by the briefing.
(B) Documentation with respect to how the controlled access programs have achieved outcomes consistent with requirements documented by the Director and, as applicable, the Secretary of Defense.
(b) Limitations
A head of an element of the intelligence community may not establish a controlled access program, or a compartment or subcompartment therein, until the head notifies the appropriate congressional committees and congressional leadership of such controlled access program, compartment, or subcompartment, as the case may be.
Except as provided in subparagraph (B), a head of an element of the intelligence community may not transfer a capability from a controlled access program, including from a compartment or subcompartment therein to a compartment or subcompartment of another controlled access program, to a special access program (as defined in section 3348(g) of this title), or to anything else outside the controlled access program, until the head submits to the appropriate congressional committees and congressional leadership notice of the intent of the head to make such transfer.
The head of an element of the intelligence community may make a transfer described in subparagraph (A) without prior congressional notification if the head determines that doing so—
(i) is required to mitigate an urgent counterintelligence issue; or
(ii) is necessary to maintain access in the event of an organizational restructuring.
(c) Limitation on spending
Funds authorized to be appropriated for the National Intelligence Program may not be obligated or expended for any controlled access program, or a compartment or subcompartment therein, until the head of the element of the intelligence community responsible for the establishment of such program, compartment, or subcompartment, submits the notification required by subsection (b).
(d) Annual reports
On an annual basis, the head of each element of the intelligence community shall submit to the appropriate congressional committees and congressional leadership a report on controlled access programs administered by the head.
Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following:
(A) A list of all compartments and subcompartments of controlled access programs active as of the date of the report.
(B) A list of all compartments and subcompartments of controlled access programs terminated during the period covered by the report.
(C) With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in clauses (A) and (B)—
(i) a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed controlled access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and
(ii) for each certification—
(I) the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment, and subcompartment;
(II) the identification of a control officer for each controlled access program; and
(III) a statement of protection requirements for each controlled access program.
(e) Definitions
In this section:
The term "appropriate congressional committees" means—
(A) the congressional intelligence committees;
(B) the Committee on Appropriations of the Senate; and
(C) the Committee on Appropriations of the House of Representatives.
The term "congressional leadership" means—
(A) the majority leader of the Senate;
(B) the minority leader of the Senate;
(C) the Speaker of the House of Representatives; and
(D) the minority leader of the House of Representatives.
The term "controlled access program" means a program created or managed pursuant to Intelligence Community Directive 906, or successor directive.

History

(July 26, 1947, ch. 343, title V, §501A, as added Pub. L. 117–103, div. X, title V, §504, Mar. 15, 2022, 136 Stat. 986; amended Pub. L. 118–159, div. F, title LXVI, §§6602(a), 6603, Dec. 23, 2024, 138 Stat. 2502.)

Editorial Notes

Editorial Notes

References in Text
Intelligence Community Directive 906, referred to in subsec. (e)(3), is located at https://www.dni.gov/files/documents/ICD/ICD-906-Controlled-Access-Programs.pdf.

Amendments
2024—Subsec. (b). Pub. L. 118–159, §6603, substituted "Limitations" for "Limitation on establishment" in subsec. heading, designated existing provisions as par. (1) and inserted par. heading, and added par. (2).
Subsecs. (c) to (e). Pub. L. 118–159, §6602(a), added subsec. (c) and redesignated former subsecs. (c) and (d) as (d) and (e), respectively.

Statutory Notes and Related Subsidiaries

Effective Date of 2024 Amendment
Pub. L. 118–159, div. F, title LXVI, §6602(b), Dec. 23, 2024, 138 Stat. 2502, provided that: "Subsection (c) of such section [meaning 50 U.S.C. 3091a] shall apply with respect to controlled access programs (as defined in such section), and compartments and subcompartments therein, that are established on or after the date of the enactment of this Act [Dec. 23, 2024]."