HR 5954 IH

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.

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

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.

END