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1 [1] (April 20, 2022)

handle is hein.crs/govefpi0001 and id is 1 raw text is: Congressional Research Service ~ Informing the legislative debate since 1914 S April 20, 2022 Controlled Access Programs of the Intelligence Community Introduction The Controlled Access Programs (CAPs) that the Intelligence Community (IC) has developed to further limit the sharing of the most sensitive classified information have raised questions for Congress. In response, as part of the Intelligence Authorization Act (IAA) for Fiscal Year 2022, (Division X of P.L. 117-103, the Consolidated Appropriations Act for Fiscal Year 2022) Congress added new oversight requirements with respect to these programs. CAPs compartmentalize intelligence on the basis of the sensitivity of the activity, sources, or methods involved. Congressional concern has centered on the over- classification of intelligence and potential negative impacts of keeping materials from those who need to know in order to perform their duties. Recent legislation seeks to promote an appropriate balance between protecting the most sensitive sources, methods, and activities, while making sure information is shared with those who have a legitimate need for it. Effective oversight of CAPS may require an understanding of how these programs are authorized and administered, and how they intersect with other classification programs and schema. Definitions Intelligence Community Directive (ICD) 906, Controlled Access Programs, provides guidance for management of CAPs and defines a CAP as a top-level control system and any compartment or sub-compartment under that control system. Within the IC, the topmost level within a CAP structure is called a control system. Common examples of control systems include SI (Special Intelligence), TK (Talent Keyhole), and HCS (Human Intelligence Control System). Control systems can have compartments and sub- compartments. The names for many CAPs are unclassified, and, in some cases, known to the public (their substance is classified). There are, however, also unacknowledged CAPs. These are CAPs whose existence is known only to those who are authorized for access to the information. Outside of the Intelligence Community the equivalent term for similarly sensitive programs is Special Access Program (SAP). Executive Order (E.O.) 13526, Classified National Security Information, defines a SAP as a program established for a specific class of classified information that imposes safeguarding and access requirements that exceed those normally required for information at the same classification level. Although CAP is the IC term for a SAP, CAPs are managed separately from the SAPs established under the authority of the National Security Council (NSC) or the non-IC components of the Departments of Defense, Justice, Homeland Security, State, and Energy. CAPs vs. Classification Levels A CAP is not a level of classification. A CAP is a compartmentalized control system within a level of classification, involving compartments and sub- compartments. Levels of classification include TOP SECRET, SECRET, and CONFIDENTIAL indicating the relative sensitivity of intelligence activities, sources and methods described within, and the relative damage to United States national security that could result from the document's unauthorized disclosure. Within the IC, CAPs are most commonly compartments or sub-compartments of the TOP SECRET level of classified intelligence. CAPs vs. Dissemination Controls CAPs are not the same as dissemination controls. Dissemination controls are markings appended to the security classification that provide guidance on additional restrictions on access to, or dissemination of, a document. Common dissemination control markings include ORCON (the document's originator controls further dissemination), PROPIN (contractor proprietary information), REL TO (releasable to a particular foreign partner(s)), IMCON (controlled imagery), RELIDO (releasable by a designated Intelligence Disclosure Official), and NOFORN (U.S.-only; no foreign dissemination). Separate dissemination control markings exist for non-intelligence information. Authority for Establishing a CAP ICD 906 specifies that the Director of National Intelligence (DNI) and the Principal Deputy Director of National Intelligence (PDDNI) have the authority to create, validate, substantially modify, or terminate a CAP. ICD 906 also provides that the DNI can delegate to a CAP Program Manager, via the head of any of the 18 statutory IC elements, the authority to create, substantially modify, or terminate compartments or sub-compartments of an established control system. The Intelligence Authorization Act for Fiscal Year 2022 (Division X of P.L. 117-103, the Consolidated Appropriations Act for Fiscal Year 2022) requires that the head of an IC element notify Congress prior to establishing a CAP. Standards for Establishing a CAP Under ICD 906, establishment of a CAP requires (1) a finding that the vulnerability of, or threat to, specific information is exceptional, such that the normal criteria for determining eligibility for access to information classified at the same level are insufficient to protect the information

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