50 U.S.C. § 3091 — General congressional oversight provi-

Page 665 TITLE 50—WAR AND NATIONAL DEFENSE § 3091 mained a part of it or whether all other traces of the title were eliminated completely so that section 411 was effectively absorbed into title III. The subsequent renumbering of section 411 of the Act as section 312 by Pub. L. 116–92 suggests that this section should be con- sidered within title III (as shown in the credit above), although there has been no explicit amendment renum- bering the title of the Act containing it. Section was classified to section 3006 of this title prior to renumbering by Pub. L. 116–92. Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006, and to section 172j of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 3079. Insider threat policy compliance and re- porting The head of each element of the intelligence community shall— (1) implement the policy established in ac- cordance with section 3024(f)(8) of this title; and (2) concurrent with the submission to Con- gress of budget justification materials in sup- port of the budget of the President for a fiscal year that is submitted to Congress under sec- tion 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy. (July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511.) SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES § 3091. General congressional oversight provi- sions (a) Reports to congressional committees of intel- ligence activities and anticipated activities (1) The President shall ensure that the con- gressional intelligence committees are kept fully and currently informed of the intelligence activities of the United States, including any significant anticipated intelligence activity as required by this subchapter. (2) Nothing in this subchapter shall be con- strued as requiring the approval of the congres- sional intelligence committees as a condition precedent to the initiation of any significant an- ticipated intelligence activity. (b) Reports concerning illegal intelligence activi- ties The President shall ensure that any illegal in- telligence activity is reported promptly to the congressional intelligence committees, as well as any corrective action that has been taken or is planned in connection with such illegal activ- ity. (c) Procedures for reporting information The President and the congressional intel- ligence committees shall each establish such written procedures as may be necessary to carry out the provisions of this subchapter. (d) Procedures to protect from unauthorized dis- closure The House of Representatives and the Senate shall each establish, by rule or resolution of such House, procedures to protect from unau- thorized disclosure all classified information, and all information relating to intelligence sources and methods, that is furnished to the congressional intelligence committees or to Members of Congress under this subchapter. Such procedures shall be established in con- sultation with the Director of National Intel- ligence. In accordance with such procedures, each of the congressional intelligence commit- tees shall promptly call to the attention of its respective House, or to any appropriate com- mittee or committees of its respective House, any matter relating to intelligence activities re- quiring the attention of such House or such committee or committees. (e) Construction of authority conferred Nothing in this chapter shall be construed as authority to withhold information from the con- gressional intelligence committees on the grounds that providing the information to the congressional intelligence committees would constitute the unauthorized disclosure of classi- fied information or information relating to in- telligence sources and methods. (f) ‘‘Intelligence activities’’ defined As used in this section, the term ‘‘intelligence activities’’ includes covert actions as defined in section 3093(e) of this title, and includes finan- cial intelligence activities. (July 26, 1947, ch. 343, title V, § 501, as added Pub. L. 102–88, title VI, § 602(a)(2), Aug. 14, 1991, 105 Stat. 441; amended Pub. L. 107–306, title III, §§ 342(b), 353(b)(3)(A), (7), Nov. 27, 2002, 116 Stat. 2399, 2402; Pub. L. 108–458, title I, § 1071(a)(1)(V), Dec. 17, 2004, 118 Stat. 3689; Pub. L. 111–259, title III, § 331(a), Oct. 7, 2010, 124 Stat. 2685.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (e), was in the original ‘‘this Act’’, meaning act July 26, 1947, ch. 343, 61 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For complete classification of this Act to the Code, see Ta- bles. CODIFICATION Section was formerly classified to section 413 of this title prior to editorial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 501 of act July 26, 1947, ch. 343, title V, as added Pub. L. 96–450, title IV, § 407(b)(1), Oct. 14, 1980, 94 Stat. 1981, related to congressional oversight of intelligence activities, prior to repeal by Pub. L. 102–88, § 602(a)(2). AMENDMENTS 2010—Subsec. (c). Pub. L. 111–259 substituted ‘‘such written procedures’’ for ‘‘such procedures’’. 2004—Subsec. (d). Pub. L. 108–458 substituted ‘‘Direc- tor of National Intelligence’’ for ‘‘Director of Central Intelligence’’. 2002—Subsec. (a). Pub. L. 107–306, § 353(b)(3)(A), sub- stituted ‘‘congressional intelligence committees’’ for ‘‘intelligence committees’’ wherever appearing. Subsec. (a)(2), (3). Pub. L. 107–306, § 353(b)(7), redesig- nated par. (3) as (2) and struck out former par. (2) which read as follows: ‘‘As used in this subchapter, the term 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.