§3091a Congressional oversight of controlled access programs

Summary

The Director of National Intelligence must give briefings to Congress about every controlled access program at least every six months, or sooner if asked by certain congressional leaders or committees. Each briefing must say what the program did during the covered time and show how the program met the goals set by the Director and, if relevant, the Secretary of Defense. Heads of intelligence agencies cannot create a controlled access program or a compartment inside one without first telling those same committees and leaders. They also cannot move capabilities out of a controlled access program (including into another compartment or into a special access program) without giving notice, unless the move is needed right away to fix a counterintelligence problem or to keep access during an organizational restructuring. Money from the National Intelligence Program cannot be spent on a controlled access program until the required notice is sent. Once a year, each agency head must send a report listing active and ended compartments and subcompartments. The Director’s annual report must also certify that new or changed programs are justified and must give the reason, name a control officer for each program, and state the protection requirements. Definitions (one line each): “Appropriate congressional committees” — the congressional intelligence committees and both Senate and House Appropriations Committees. “Congressional leadership” — the majority and minority leaders of the Senate and the Speaker and minority leader of the House. “Controlled access program” — a program made or run under Intelligence Community Directive 906 or its successor.