republic-os/legal/us/code/title-50/chapter-44/section-3091a.md

type, title, description, jurisdiction, corpus, kind, title_number, title_name, chapter_number, chapter_name, section, citation, status, release_point, release_date, source, source_url, source_identifier, source_file, source_hash, raw_snapshot_hash, text_hash, retrieved_at, confidence, tags

type	title	description	jurisdiction	corpus	kind	title_number	title_name	chapter_number	chapter_name	section	citation	status	release_point	release_date	source	source_url	source_identifier	source_file	source_hash	raw_snapshot_hash	text_hash	retrieved_at	confidence	tags
LegalText	50 U.S.C. § 3091a	Congressional oversight of controlled access programs	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	44	NATIONAL SECURITY	3091a	50 U.S.C. § 3091a	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s3091a	data/legal/raw/us/code/title-50/usc50.xml	52d55d5f5be13292e33ebf7e867311b768071febf2e1a832ab5c99e625a261f5	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	6f94bb4035732ceb35f91649d44e0dd9e15192bdaea3eb0278ba0171804f646e	2026-07-04	official	legal us-code

50 U.S.C. § 3091a - Congressional oversight of controlled access programs

Text

(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) Limitations (1) 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.

(2) Transfers (A) 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.

(B) 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—

(i) is required to mitigate an urgent counterintelligence issue; or

(ii) is necessary to maintain access in the event of an organizational restructuring.

(c) 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).

(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 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.

(e) 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; amended Pub. L. 118–159, div. F, title LXVI, §§ 6602(a), 6603, Dec. 23, 2024, 138 Stat. 2502.)

Notes

Editorial Notes

References in TextIntelligence 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.

Amendments2024—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 AmendmentPub. 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].”