Title 50 — War and National Defense
Chapter 44 — National Security
§ 3091a. Congressional oversight of controlled access programs
Statutory text
Periodic briefings
Requirement
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.
Contents
Each briefing provided under paragraph (1) shall include, at a minimum, the following:
A description of the activity of the controlled access programs during the period covered by the briefing.
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.
Limitations
Establishment
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.
Transfers
Limitation
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.
Exception
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—
is required to mitigate an urgent counterintelligence issue; or
is necessary to maintain access in the event of an organizational restructuring.
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).
Annual reports
Requirement
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.
Matters included
Each report submitted under paragraph (1) shall include, with respect to the period covered by the report, the following:
A list of all compartments and subcompartments of controlled access programs active as of the date of the report.
A list of all compartments and subcompartments of controlled access programs terminated during the period covered by the report.
With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in clauses (A) and (B)—
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
for each certification—
the rationale for the revalidation, validation, or substantial modification, including termination, of each controlled access program, compartment, and subcompartment;
the identification of a control officer for each controlled access program; and
a statement of protection requirements for each controlled access program.
Definitions
In this section:
Appropriate congressional committees
The term “appropriate congressional committees” means—
the congressional intelligence committees;
the Committee on Appropriations of the Senate; and
the Committee on Appropriations of the House of Representatives.
Congressional leadership
The term “congressional leadership” means—
the majority leader of the Senate;
the minority leader of the Senate;
the Speaker of the House of Representatives; and
the minority leader of the House of Representatives.
Controlled access program
The term “controlled access program” means a program created or managed pursuant to Intelligence Community Directive 906, or successor directive.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Commerce, Justice, Science, and Related Agencies Appropriations Act, 2022
Pub. L. 117–103 div. X title V § 504 · 136 Stat. 49
Enacted · 50 U.S.C. § 3091a
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
Source evidence
Code source credit
July 26, 1947, ch. 343, title V, § 501A, as added Pub. L. 117–103, div. X, title V, § 504, Mar. 15, 2022, 136 Stat. 986Enacted provision · exact public law section
Sec. 504. If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.Pub. L. 118–159 § 6603 · 138 Stat. 2502
Substituted · 50 U.S.C. § 3091a(b)
Pub. L. 118–159, § 6603, substituted “Limitations” for “Limitation on establishment” in subsec. heading
Amended · 50 U.S.C. § 3091a(b)
Pub. L. 118–159, § 6603, designated existing provisions as par. (1)
Inserted · 50 U.S.C. § 3091a(b)
Pub. L. 118–159, § 6603, inserted par. heading
Added · 50 U.S.C. § 3091a(b)
Pub. L. 118–159, § 6603, added par. (2)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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).Effective date note
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].”Pub. L. 118–159 § 6602(a) · 138 Stat. 2502
Added · 50 U.S.C. § 3091a(c)(e)
Pub. L. 118–159, § 6602(a), added subsec. (c)
Redesignated · 50 U.S.C. § 3091a(c)(e)
Pub. L. 118–159, § 6602(a), redesignated former subsecs. (c) and (d) as (d) and (e), respectively
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
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.Effective date note
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].”
1 of 7 references resolved to an enrolled provision · 6 unresolved
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), , 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 [].”
Credits
1947–2024 · 2 acts
- 1947July 26, 1947, ch. 343, title V, § 501A, as added Pub. L. 117–103, div. X, title V, § 504, , 136 Stat. 986
- 2024amended Pub. L. 118–159, div. F, title LXVI, §§ 6602(a), 6603, , 138 Stat. 2502.
Show as published
(July 26, 1947, ch. 343, title V, § 501A, as added Pub. L. 117–103, div. X, title V, § 504, , 136 Stat. 986; amended Pub. L. 118–159, div. F, title LXVI, §§ 6602(a), 6603, , 138 Stat. 2502.)