Sec. 303. Congressional oversight of certain special access programs
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Title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) is amended by inserting after section 501 the following new section (and conforming the table of contents at the beginning of such Act accordingly): At the same time that the Secretary of Defense submits any report or notification under section 119 of title 10, United States Code, that relates to a covered special access program or a new covered special access program, the Secretary shall also submit such report or notification to the congressional intelligence committees.
On a periodic basis, but not less frequently than semiannually, the Secretary of Defense shall provide to the chairmen and ranking minority members of the congressional intelligence committees, and to any staff of such a committee designated by either the chair or ranking member for purposes of this subsection, a briefing on covered special access programs. Each such briefing shall include, at a minimum— a description of the activity of the program during the period covered by the briefing; and documentation with respect to how the program has achieved outcomes consistent with requirements documented by the Director of National Intelligence and the Secretary of Defense.
Except as provided by paragraph (2), a head of an element of the intelligence community may not establish a compartment or a subcompartment under a covered special access program until the head notifies the congressional intelligence committees of such compartment or subcompartment, as the case may be. On a case-by-case basis, the Director of National Intelligence may waive the requirement under paragraph (1). Not later than two days after making such a waiver, the Director shall notify the congressional intelligence committees of the waiver, including a justification for the waiver.
Not later than 30 days after the date on which the Director makes a waiver under subparagraph (A), the head of the element of the intelligence community for whom the waiver was made shall submit to the congressional intelligence committees the notification required under paragraph
(1)relating to such waiver. On an annual basis, the head of each element of the intelligence community shall submit to the congressional intelligence committees a report on covered special access programs administered by the head. Each report shall include, with respect to the period covered by the report, the following: A list of all compartments and subcompartments of covered special access programs active as of the date of the report. A list of all compartments and subcompartments of covered special access programs terminated during the period covered by the report. With respect to the report submitted by the Director of National Intelligence, in addition to the matters specified in subparagraphs
(A)and (B)— a certification regarding whether the creation, validation, or substantial modification, including termination, for all existing and proposed covered special access programs, and the compartments and subcompartments within each, are substantiated and justified based on the information required by clause (ii); and for each certification— the rationale for the revalidation, validation, or substantial modification, including termination, of each covered special access program, compartment, and subcompartment; the identification of a control officer for each covered special access program; and a statement of protection requirements for each covered special access program. In this section, the term covered special access program means a special access program that receives funding under the National Intelligence Program or the Military Intelligence Program, relates to an intelligence or intelligence-related activity, or both. . Not later than 30 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the congressional intelligence committees the first report required under section 501A(d)(1) of the National Security Act of 1947, as added by subsection (a). Section 608 of the Intelligence Authorization Act for Fiscal Year 2017 (division N of Public Law 115–31 ; 131 Stat. 833; 50 U.S.C. 3315 ) is amended by striking subsection (b).
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- 131 Stat. 833
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Sec. 303
Congressional oversight of certain special access programs
Stat.131 Stat. 833
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