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 Se-
lect 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 
1. 
CONGRESSIONAL 
OVERSIGHT 
OF 
INTEL-
LIGENCE ACTIVITIES. 
(a) GENERAL CONGRESSIONAL OVERSIGHT.—Sec-
tion 501(a) of the National Security Act of 1947 (50 
U.S.C. 413(a)) is amended by adding at the end the fol-
lowing new paragraph: 
VerDate Nov 24 2008 
23:09 Dec 11, 2009
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H4261.IH
H4261
srobinson on DSKHWCL6B1PROD with BILLS
‘‘(3) In carrying out paragraph (1), the President 
shall provide to the congressional intelligence committees 
all information necessary to assess the lawfulness, effec-
tiveness, cost, benefit, intelligence gain, budgetary author-
ity, and risk of an intelligence activity.’’. 
(b) REPORTING ON ACTIVITIES OTHER THAN COV-
ERT ACTIONS.—Section 502 of such Act (50 U.S.C. 413a) 
is amended by adding at the end the following new sub-
section: 
‘‘(d) DISTRIBUTION OF INFORMATION.— 
‘‘(1) REQUEST.—Information or material pro-
vided in accordance with subsection (a) shall be 
made available to each member of the congressional 
intelligence committees, unless the President re-
quests that access to the information or material be 
limited after determining that limiting such access is 
essential to meet extraordinary circumstances affect-
ing vital interests of the United States. A request 
under this paragraph and the extraordinary cir-
cumstances referred to in this paragraph shall be de-
tailed in writing to the Chair and ranking minority 
member of the congressional intelligence committees. 
‘‘(2) DISTRIBUTION.—If the President submits 
a request under paragraph (1), the Chair and rank-
ing minority member of each congressional intel-
VerDate Nov 24 2008 
23:09 Dec 11, 2009
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4261.IH
H4261
srobinson on DSKHWCL6B1PROD with BILLS
ligence committee may jointly determine whether 
and how to limit access to the information or mate-
rial within such committee. If the Chair and ranking 
minority member of such committee are unable to 
agree on whether or how to limit such access, access 
to the information or material shall be limited as re-
quested by the President. Any information or mate-
rial to which access is limited shall subsequently be 
made fully available to each member of the congres-
sional intelligence committees at the earliest possible 
time and shall include a detailed statement of the 
reasons for not providing prior access.’’. 
(c) COVERT ACTIONS.—Section 503 of the National 
Security Act of 1947 (50 U.S.C. 413b) is amended— 
(1) in subsection (c)— 
(A) by striking paragraph (2) and insert-
ing the following new paragraph: 
‘‘(2)(A) A finding reported in accordance with 
paragraph (1) shall be made available to each mem-
ber of the congressional intelligence committees, un-
less the President requests that access to the finding 
be limited after determining that limiting such ac-
cess is essential to meet extraordinary circumstances 
affecting vital interests of the United States. A re-
quest under this subparagraph and the extraor-
VerDate Nov 24 2008 
23:09 Dec 11, 2009
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H4261.IH
H4261
srobinson on DSKHWCL6B1PROD with BILLS
‘‘the Members of Congress specified in sub-
section (c)(2)’’ and inserting ‘‘the Members of 
Congress to which access to a finding is limited 
in accordance with subsection (c)(2)’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(2) For purposes of this subsection, an activity shall 
constitute a ‘significant undertaking’ if the activity— 
‘‘(A) involves the potential for loss of life; 
‘‘(B) requires an expansion of existing authori-
ties, including authorities relating to research, devel-
opment, or operations; 
‘‘(C) results in the expenditure of significant 
funds or other resources; 
‘‘(D) requires notification under section 504; 
‘‘(E) gives rise to a significant risk of disclosing 
intelligence sources or methods; or 
‘‘(F) could cause serious damage to the diplo-
matic relations of the United States if such activity 
were disclosed without authorization.’’. 
Æ 
VerDate Nov 24 2008 
23:09 Dec 11, 2009
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6301
E:\BILLS\H4261.IH
H4261
srobinson on DSKHWCL6B1PROD with BILLS