50 U.S.C. § 3091a — Congressional oversight of controlled ac-

Page 666 TITLE 50—WAR AND NATIONAL DEFENSE § 3091a ‘congressional intelligence committees’ means the Se- lect Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives.’’ Subsecs. (b) to (e). Pub. L. 107–306, § 353(b)(3)(A), sub- stituted ‘‘congressional intelligence committees’’ for ‘‘intelligence committees’’ wherever appearing. Subsec. (f). Pub. L. 107–306, § 342(b), inserted ‘‘, and in- cludes financial intelligence activities’’ before period at end. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. § 3091a. Congressional oversight of controlled ac- cess programs (a) Periodic briefings (1) Requirement Not less frequently than semiannually or upon request by one of the appropriate con- gressional committees or a member of con- gressional leadership, the Director of National Intelligence shall provide to such committees and congressional leadership a briefing on each controlled access program in effect. (2) Contents 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 require- ments documented by the Director and, as applicable, the Secretary of Defense. (b) Limitations (1) Establishment A head of an element of the intelligence community may not establish a controlled ac- cess program, or a compartment or sub- compartment therein, until the head notifies the appropriate congressional committees and congressional leadership of such controlled ac- cess program, compartment, or subcompart- ment, as the case may be. (2) Transfers (A) Limitation Except as provided in subparagraph (B), a head of an element of the intelligence com- munity may not transfer a capability from a controlled access program, including from a compartment or subcompartment therein to a compartment or subcompartment of an- other 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 no- tice of the intent of the head to make such transfer. (B) Exception The head of an element of the intelligence community may make a transfer described in subparagraph (A) without prior congres- sional 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 restruc- turing. (c) Limitation on spending Funds authorized to be appropriated for the National Intelligence Program may not be obli- gated or expended for any controlled access pro- gram, or a compartment or subcompartment therein, until the head of the element of the in- telligence community responsible for the estab- lishment of such program, compartment, or sub- compartment, submits the notification required by subsection (b). (d) Annual reports (1) 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 con- trolled access programs administered by the head. (2) Matters included Each report submitted under paragraph (1) shall include, with respect to the period cov- ered by the report, the following: (A) A list of all compartments and sub- compartments of controlled access programs active as of the date of the report. (B) A list of all compartments and sub- compartments 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 modi- fication, including termination, for all ex- isting and proposed controlled access pro- grams, and the compartments and sub- compartments within each, are substan- tiated and justified based on the informa- tion required by clause (ii); and (ii) for each certification— (I) the rationale for the revalidation, validation, or substantial modification, including termination, of each con- trolled access program, compartment, and subcompartment; (II) the identification of a control offi- cer for each controlled access program; and (III) a statement of protection require- ments for each controlled access pro- gram. Page 667 TITLE 50—WAR AND NATIONAL DEFENSE § 3092 (e) Definitions In this section: (1) Appropriate congressional committees The term ‘‘appropriate congressional com- mittees’’ means— (A) the congressional intelligence commit- tees; (B) the Committee on Appropriations of the Senate; and (C) the Committee on Appropriations of the House of Representatives. (2) Congressional leadership 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 Represent- atives; and (D) the minority leader of the House of Representatives. (3) Controlled access program The term ‘‘controlled access program’’ means a program created or managed pursu- ant to Intelligence Community Directive 906, or successor directive. (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 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-Pro- grams.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 sub- sec. (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].’’ § 3092. Reporting of intelligence activities other than covert actions (a) In general To the extent consistent with due regard for the protection from unauthorized disclosure of classified information relating to sensitive in- telligence sources and methods or other excep- tionally sensitive matters, the Director of Na- tional Intelligence and the heads of all depart- ments, agencies, and other entities of the United States Government involved in intelligence ac- tivities shall— (1) keep the congressional intelligence com- mittees fully and currently informed of all in- telligence activities, other than a covert ac- tion (as defined in section 3093(e) of this title), which are the responsibility of, are engaged in by, or are carried out for or on behalf of, any department, agency, or entity of the United States Government, including any significant anticipated intelligence activity and any sig- nificant intelligence failure; and (2) furnish the congressional intelligence committees any information or material con- cerning intelligence activities (including the legal basis under which the intelligence activ- ity is being or was conducted), other than cov- ert actions, which is within their custody or control, and which is requested by either of the congressional intelligence committees in order to carry out its authorized responsibil- ities. (b) Form and contents of certain reports Any report relating to a significant antici- pated intelligence activity or a significant intel- ligence failure that is submitted to the congres- sional intelligence committees for purposes of subsection (a)(1) shall be in writing, and shall contain the following: (1) A concise statement of any facts perti- nent to such report. (2) An explanation of the significance of the intelligence activity or intelligence failure covered by such report. (c) Standards and procedures for certain reports The Director of National Intelligence, in con- sultation with the heads of the departments, agencies, and entities referred to in subsection (a), shall establish standards and procedures ap- plicable to reports covered by subsection (b). (July 26, 1947, ch. 343, title V, § 502, as added Pub. L. 102–88, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 442; amended Pub. L. 107–108, title III, § 305, Dec. 28, 2001, 115 Stat. 1398; Pub. L. 107–306, title III, § 353(b)(3)(B), Nov. 27, 2002, 116 Stat. 2402; Pub. L. 108–458, title I, § 1071(a)(1)(W), (X), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 331(b), Oct. 7, 2010, 124 Stat. 2685.) Editorial Notes CODIFICATION Section was formerly classified to section 413a of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 502 of act July 26, 1947, ch. 343, was re- numbered section 504 and is classified to section 3094 of this title. AMENDMENTS 2010—Subsec. (a)(2). Pub. L. 111–259 inserted ‘‘(includ- ing the legal basis under which the intelligence activ- ity is being or was conducted)’’ after ‘‘concerning intel- ligence activities’’. 2004—Subsec. (a). Pub. L. 108–458, § 1071(a)(1)(W), sub- stituted ‘‘Director of National Intelligence’’ for ‘‘Direc- tor of Central Intelligence’’ in introductory provisions. Subsec. (c). Pub. L. 108–458, § 1071(a)(1)(X), substituted ‘‘Director of National Intelligence’’ for ‘‘Director of Central Intelligence’’. 2002—Subsecs. (a), (b). Pub. L. 107–306 substituted ‘‘congressional intelligence committees’’ for ‘‘intel- ligence committees’’ wherever appearing.