Sec. 6603. Limitation on transfers from controlled access programs
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Section 501A(b) of the National Security Act of 1947 ( 50 U.S.C. 3091a(b) ) is amended— in the subsection heading, by striking and inserting Limitation on Establishment ; Limitations by striking A head and inserting the following: A head ; and by adding at the end the following: 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 1152(g) of the National Defense Authorization Act for Fiscal Year 1994 ( 50 U.S.C. 3348(g) )), 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.
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— is required to mitigate an urgent counterintelligence issue; or is necessary to maintain access in the event of an organizational restructuring. .
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