### §3091a. Congressional oversight of controlled access programs

#### (a) Periodic briefings

#### (1) 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.

#### (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 requirements documented by the Director and, as applicable, the Secretary of Defense.

#### (b) Limitation on 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.

#### (c) 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 controlled access programs administered by the head.

#### (2) Matters included

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.

#### (d) Definitions

In this section:

#### (1) Appropriate congressional committees

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.

#### (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 Representatives; 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 pursuant 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.)

#### **Editorial Notes**

#### References in Text

Intelligence Community Directive 906, referred to in subsec. (d)(3), is located at https://www.dni.gov/files/documents/ICD/ICD906.pdf.