CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS.

SEC. 504. CONGRESSIONAL OVERSIGHT OF CONTROLLED ACCESS PROGRAMS. (a) In General.—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): “SEC. 501A. [50 U.S.C. 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.” . (b) First Reports.— (1) Requirement.—Not later than 180 days after the date of the enactment of this Act, the head of each element of the intelligence community shall submit to the appropriate congressional committees and congressional leadership a report on all controlled access programs of the element in effect. (2) Matters addressed.—Each report under paragraph (1) shall address, for each controlled access program covered by the report, the following: (A) Date of initial operational capability. (B) Rationale. (C) Annual level of funding. (D) Current operational use. (c) Briefing.— (1) Requirement.—Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence shall provide to the appropriate congressional committees and congressional leadership a briefing on all controlled access programs established during the 3-year period preceding such date of enactment that have not been previously briefed to such committees and leadership. (2) Limitation.—If the Director does not carry out paragraph (1) by the date specified in that paragraph, no funds may be obligated or expended by an element of the intelligence community to carry out a controlled access program described in that paragraph, or a compartment or subcompartment therein, until the head of that element has provided to the appropriate congressional committees and congressional leadership a briefing on the controlled access program. (d) Definitions.—In this section, the terms “appropriate congressional committees”, “congressional leadership”, and “controlled access programs” have the meanings given those terms in section 501A of the National Security Act of 1947, as added by subsection (a). (e) Conforming Repeal.—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).