I 

111TH CONGRESS 

1ST SESSION H. R. 4261 

To amend the National Security Act of 1947 to provide additional procedures 

for congressional oversight. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 10, 2009 

Mr. THORNBERRY introduced the following bill; which was referred to the Select Committee on Intelligence (Permanent Select), and in addition to the 

Committee on Rules, 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 National Security Act of 1947 to provide 

additional procedures for congressional oversight. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL OVERSIGHT OF INTEL4 LIGENCE ACTIVITIES. 

5 (a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec6 tion 501(a) of the National Security Act of 1947 (50 

7 U.S.C. 413(a)) is amended by adding at the end the fol8 lowing new paragraph: 


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1 ‘‘(3) In carrying out paragraph (1), the President 

2 shall provide to the congressional intelligence committees 

3 all information necessary to assess the lawfulness, effec4 tiveness, cost, benefit, intelligence gain, budgetary author5 ity, and risk of an intelligence activity.’’. 

6 (b) REPORTING ON ACTIVITIES OTHER THAN COV7 ERT ACTIONS.—Section 502 of such Act (50 U.S.C. 413a) 

8 is amended by adding at the end the following new sub9 section: 

10 ‘‘(d) DISTRIBUTION OF INFORMATION.— 

11 ‘‘(1) REQUEST.—Information or material pro12 vided in accordance with subsection (a) shall be 

13 made available to each member of the congressional 

14 intelligence committees, unless the President re15 quests that access to the information or material be 

16 limited after determining that limiting such access is 

17 essential to meet extraordinary circumstances affect18 ing vital interests of the United States. A request 

19 under this paragraph and the extraordinary cir20 cumstances referred to in this paragraph shall be de21 tailed in writing to the Chair and ranking minority 

22 member of the congressional intelligence committees. 

23 ‘‘(2) DISTRIBUTION.—If the President submits 

24 a request under paragraph (1), the Chair and rank25 ing minority member of each congressional intelVerDate Nov 24 2008 23:09 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 ligence committee may jointly determine whether 

2 and how to limit access to the information or mate3 rial within such committee. If the Chair and ranking 

4 minority member of such committee are unable to 

5 agree on whether or how to limit such access, access 

6 to the information or material shall be limited as re7 quested by the President. Any information or mate8 rial to which access is limited shall subsequently be 

9 made fully available to each member of the congres10 sional intelligence committees at the earliest possible 

11 time and shall include a detailed statement of the 

12 reasons for not providing prior access.’’. 

13 (c) COVERT ACTIONS.—Section 503 of the National 

14 Security Act of 1947 (50 U.S.C. 413b) is amended— 

15 (1) in subsection (c)— 

16 (A) by striking paragraph (2) and insert17 ing the following new paragraph: 

18 ‘‘(2)(A) A finding reported in accordance with 

19 paragraph (1) shall be made available to each mem20 ber of the congressional intelligence committees, un21 less the President requests that access to the finding 

22 be limited after determining that limiting such ac23 cess is essential to meet extraordinary circumstances 

24 affecting vital interests of the United States. A re25 quest under this subparagraph and the extraorVerDate Nov 24 2008 23:09 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4261.IH H4261

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1 dinary circumstances referred to in this paragraph 

2 shall be detailed in writing to the Chair and ranking 

3 minority member of the congressional intelligence 

4 committees. 

5 ‘‘(B) If the President submits a request under 

6 subparagraph (A), the Chair and ranking minority 

7 member of each congressional intelligence committee 

8 may jointly determine whether and how to limit ac9 cess to the finding within such committee. If the 

10 Chair and ranking minority member of such com11 mittee are unable to agree on whether or how to 

12 limit such access, access to the finding shall be lim13 ited as requested by the President. A finding to 

14 which access is limited shall subsequently be made 

15 fully available to each member of the congressional 

16 intelligence committees at the earliest possible time 

17 and shall include a detailed statement of the reasons 

18 for not providing prior access.’’; and 

19 (B) in paragraph (4), by striking the sec20 ond sentence; and 

21 (2) in subsection (d)— 

22 (A) by striking ‘‘(d) The President’’ and 

23 inserting ‘‘(d)(1) The President’’; 

24 (B) in paragraph (1), as designated by 

25 subparagraph (A) of this paragraph, by striking 


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1 ‘‘the Members of Congress specified in sub2 section (c)(2)’’ and inserting ‘‘the Members of 

3 Congress to which access to a finding is limited 

4 in accordance with subsection (c)(2)’’; and 

5 (C) by adding at the end the following new 

6 paragraph: 

7 ‘‘(2) For purposes of this subsection, an activity shall 

8 constitute a ‘significant undertaking’ if the activity— 

9 ‘‘(A) involves the potential for loss of life; 

10 ‘‘(B) requires an expansion of existing authori11 ties, including authorities relating to research, devel12 opment, or operations; 

13 ‘‘(C) results in the expenditure of significant 

14 funds or other resources; 

15 ‘‘(D) requires notification under section 504; 

16 ‘‘(E) gives rise to a significant risk of disclosing 

17 intelligence sources or methods; or 

18 ‘‘(F) could cause serious damage to the diplo19 matic relations of the United States if such activity 

20 were disclosed without authorization.’’. 

Æ 


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