§3091a Congressional Oversight of Controlled Access Programs

Summary

The Director of National Intelligence must give briefings to the named congressional committees and leaders about every controlled access program at least semiannually and whenever one of those committees or leaders asks. Each briefing must say what the program did during the period and include records showing how the program met the requirements set by the Director and, if applicable, the Secretary of Defense. A head of an intelligence element cannot start a controlled access program, or add a compartment or subcompartment to one, until they notify those committees and leaders. They also cannot move capabilities out of a controlled access program or between compartments, or to a special access program, until they tell those committees and leaders they plan to do so, unless the move is needed right away to deal with a counterintelligence emergency or to keep access during an organizational change. Money from the National Intelligence Program cannot be used for a controlled access program, compartment, or subcompartment until that notification is submitted. Each intelligence element head must send an annual report listing active and ended compartments and subcompartments. The Director’s annual report must also certify that creations, validations, or major changes are justified and, for each, give the reason, name a control officer, and state the protection requirements. Appropriate congressional committees: the congressional intelligence committees and the Senate and House Appropriations Committees. Congressional leadership: the Senate majority and minority leaders, the Speaker of the House, and the House minority leader. Controlled access program: a program created under Intelligence Community Directive 906 or its successor.