[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5954 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5954

     To amend the Rules of the House of Representatives to specify 
 conditions under which the Permanent Select Committee on Intelligence 
   of the House of Representatives shall be required to exercise its 
authority to make classified information in its possession available to 
   certain standing committees of the House, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2006

 Mr. Flake (for himself, Mr. Schiff, Mr. Inglis of South Carolina, Mr. 
McGovern, Mr. Paul, and Mr. Mack) introduced the following bill; which 
 was referred to the Committee on Rules, and in addition to the Select 
   Committee on Intelligence (Permanent Select), for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
     To amend the Rules of the House of Representatives to specify 
 conditions under which the Permanent Select Committee on Intelligence 
   of the House of Representatives shall be required to exercise its 
authority to make classified information in its possession available to 
   certain standing committees of the House, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Intelligence Oversight Act''.

SEC. 2. TREATMENT OF CLASSIFIED INFORMATION IN POSSESSION OF HOUSE 
              INTELLIGENCE COMMITTEE.

    (a) Requiring Certain Information to Be Made Available to Certain 
Standing Committees.--Clause 11(g)(3) of rule X of the Rules of the 
House of Representatives is amended--
            (1) in the first sentence of subdivision (B), by striking 
        ``as it may prescribe,'' and inserting ``as it may prescribe 
        subject to the requirements of subdivision (C),''; and
            (2) by adding at the end the following new subdivisions:
    ``(C) The select committee may not reject a request by any standing 
committee referred to in subdivision (D) to make information described 
in subdivision (A) available to such committee if the information 
relates to any matter within the jurisdiction of such committee, unless 
the information reveals sensitive intelligence sources and methods or 
reveals sensitive information related to a covert action (as defined in 
section 503(e) of the National Security Act of 1947 (50 U.S.C. 
413b(e)).
    ``(D) The committees referred to in this subdivision are as 
follows:
            ``(i) The Committee on Appropriations.
            ``(ii) The Committee on Armed Services.
            ``(iii) The Committee on Energy and Commerce.
            ``(iv) The Committee on Financial Services.
            ``(v) The Committee on Government Reform.
            ``(vi) The Committee on Homeland Security.
            ``(vii) The Committee on International Relations.
            ``(viii) The Committee on the Judiciary.
            ``(ix) Any other standing committee designated by the 
        Speaker for purposes of this subdivision.''.
    (b) Requiring Notification of Standing Committees of Information 
Within Jurisdiction; Briefing by Members Serving on Both Committees.--
Clause 11(g) of rule X of the Rules of the House of Representatives is 
amended by adding at the end the following new subparagraph:
    ``(6)(A) If the select committee is provided with information 
described in subparagraph (3)(A) which relates to any matter within the 
jurisdiction of a standing committee described in subparagraph (3)(D), 
the select committee shall provide notice to such standing committee 
not later than 7 legislative days after the select committee is 
provided with the information, under such regulations as it may 
prescribe in consultation with the Speaker and the minority leader.
    ``(B) After providing notice under subdivision (A) to a standing 
committee, the members of the select committee who also serve on such 
standing committee, in coordination with the chairman of such standing 
committee, shall provide for a briefing of the entire membership of 
such standing committee with respect to the information which is the 
subject of the notice, in accordance with such procedures as may be 
established by the select committee and the chairman of such standing 
committee. Any member attending the briefing may be accompanied by a 
staff person in the same manner and under the same terms and conditions 
as provided in subparagraph (3)(B). This subdivision shall not apply 
with respect to the Committee on Energy and Commerce, the Committee on 
Financial Services, the Committee on Government Reform, or the 
Committee on Homeland Security.''.
    (c) Assistance to Standing Committees Requesting Briefing on 
Classified Information Held by Executive Branch Offices.--Clause 11(g) 
of rule X of the Rules of the House of Representatives, as amended by 
subsection (b), is amended by adding at the end the following new 
subparagraph:
    ``(7) If a standing committee described in subparagraph (3)(D) 
provides the select committee with a copy of a request sent by the 
standing committee to any entity in the executive branch for a briefing 
regarding information described in subparagraph (3)(A) which relates to 
any matter within the jurisdiction of the standing committee, the 
select committee shall transmit a written response endorsing the 
request to the standing committee and the entity in the executive 
branch, unless the information reveals sensitive intelligence sources 
and methods or reveals sensitive information related to a covert action 
(as defined in section 503(e) of the National Security Act of 1947 (50 
U.S.C. 413b(e)).''.
    (d) Permitting Access to Staff Accompanying Member Granted Access 
to Information.--Clause 11(g)(3)(B) of rule X of the Rules of the House 
of Representatives is amended by adding at the end the following: ``A 
Member to whom information is made available under this subdivision and 
who serves on a standing committee described in subparagraph (D) may be 
accompanied during the Member's review of the information by one 
individual who is an employee of the Office of the Member or an 
employee of such standing committee, but only if the employee has the 
appropriate security clearance as determined by the select committee 
(as defined under the National Security Act of 1947).''.
    (e) Conforming Amendment Relating to Oversight Functions.--Clause 
3(m) of rule X of the Rules of the House of Representatives is amended 
by adding at the end the following: ``Nothing in this paragraph may be 
construed to prohibit any disclosure authorized under clause 11 or the 
disclosure by the select committee of the existence of any operation or 
program which is not a covert action (as defined in section 503(e) of 
the National Security Act of 1947 (50 U.S.C. 413b(e)).''.

SEC. 3. PROHIBITION ON DENYING INFORMATION TO A COMMITTEE RELATING TO 
              THE JURISDICTION OF THAT COMMITTEE.

    Section 501(c) of the National Security Act of 1947 (50 U.S.C. 
413(c)) is amended by adding at the end the following: ``The 
congressional intelligence committees shall not establish any procedure 
that denies another committee of the House of Representatives or the 
Senate access to information, including classified transcripts, 
records, data, charts, or files, in possession of the congressional 
intelligence committees if such information relates to the jurisdiction 
of the other committee, provided that such information does not reveal 
sensitive intelligence sources and methods or sensitive information 
related to a covert action.''.

SEC. 4. NO EFFECT ON RESTRICTIONS REGARDING HANDLING OF CLASSIFIED 
              INFORMATION.

    Nothing in this Act or any amendment made by this Act may be 
construed to affect any provision of law or any rule or regulation 
governing the handling of classified information which is authorized to 
be made available to any individual, including the application of 
existing criminal and civil penalties and sanctions under the House 
Rules providing for censure, removal from committee membership, or 
expulsion from the House for a Member or removal from employment for 
staff who have engaged in unauthorized disclosure of intelligence or 
intelligence-related information.
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