POISE Act

I 116TH CONGRESS 1ST SESSION H. R. 3476 To express the sense of Congress that section 502 of the National Security Act of 1947, together with other intelligence community authorities, obligate an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign government using methods other than established intel- ligence channels, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 25, 2019 Mrs. MURPHY (for herself and Mr. HIMES) introduced the following bill; which was referred to the Permanent Select Committee on Intelligence A BILL To express the sense of Congress that section 502 of the National Security Act of 1947, together with other intel- ligence community authorities, obligate an element of the intelligence community to submit to the congressional intelligence committees written notification, by not later than 7 days after becoming aware, that an individual in the executive branch has disclosed covered classified information to an official of an adversary foreign govern- ment using methods other than established intelligence channels, and for other purposes. VerDate Sep 11 2014 03:02 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H3476.IH H3476 kjohnson on DSK79L0C42 with BILLS 2 •HR 3476 IH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Prevention and Over- 4 sight of Intelligence Sharing with Enemies Act’’ or the 5 ‘‘POISE Act’’. 6 SEC. 2. SENSE OF CONGRESS ON NOTIFICATIONS OF CER- 7 TAIN DISCLOSURES OF CLASSIFIED INFOR- 8 MATION. 9 (a) FINDINGS.—Congress finds that section 502 of 10 the National Security Act of 1947 (50 U.S.C. 3092) re- 11 quires elements of the intelligence community to keep the 12 congressional intelligence committees ‘‘fully and currently 13 informed’’ about all ‘‘intelligence activities’’ of the United 14 States, and to ‘‘furnish to the congressional intelligence 15 committees any information or material concerning intel- 16 ligence activities which is requested by either of the con- 17 gressional intelligence committees in order to carry out its 18 authorized responsibilities.’’. 19 (b) SENSE OF CONGRESS.—It is the sense of Con- 20 gress that— 21 (1) section 502 of the National Security Act of 22 1947 (50 U.S.C. 3092), together with other intel- 23 ligence community authorities, obligate an element 24 of the intelligence community to submit to the con- 25 VerDate Sep 11 2014 03:02 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3476.IH H3476 kjohnson on DSK79L0C42 with BILLS 3 •HR 3476 IH gressional intelligence committees written notifica- 1 tion, by not later than 7 days after becoming aware, 2 that an individual in the executive branch has dis- 3 closed covered classified information to an official of 4 an adversary foreign government using methods 5 other than established intelligence channels; and 6 (2) each such notification should include— 7 (A) the date and place of the disclosure of 8 classified information covered by the notifica- 9 tion; 10 (B) a description of such classified infor- 11 mation; 12 (C) identification of the individual who 13 made such disclosure and the individual to 14 whom such disclosure was made; and 15 (D) a summary of the circumstances of 16 such disclosure. 17 (c) DEFINITIONS.—In this section: 18 (1) ADVERSARY FOREIGN GOVERNMENT.—The 19 term ‘‘adversary foreign government’’ means the 20 government of any of the following foreign countries: 21 (A) North Korea. 22 (B) Iran. 23 (C) China. 24 (D) Russia. 25 VerDate Sep 11 2014 03:02 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3476.IH H3476 kjohnson on DSK79L0C42 with BILLS 4 •HR 3476 IH (E) Cuba. 1 (2) COVERED CLASSIFIED INFORMATION.—The 2 term ‘‘covered classified information’’ means classi- 3 fied information that was— 4 (A) collected by an element of the intel- 5 ligence community; or 6 (B) provided by the intelligence service or 7 military of a foreign country to an element of 8 the intelligence community. 9 (3) ESTABLISHED INTELLIGENCE CHANNELS.— 10 The term ‘‘established intelligence channels’’ means 11 methods to exchange intelligence to coordinate for- 12 eign intelligence relationships, as established pursu- 13 ant to law by the Director of National Intelligence, 14 the Director of the Central Intelligence Agency, the 15 Director of the National Security Agency, or other 16 head of an element of the intelligence community. 17 (4) INDIVIDUAL IN THE EXECUTIVE BRANCH.— 18 The term ‘‘individual in the executive branch’’ 19 means any officer or employee of the executive 20 branch, including individuals— 21 (A) occupying a position specified in article 22 II of the Constitution; 23 (B) appointed to a position by an indi- 24 vidual described in subparagraph (A); or 25 VerDate Sep 11 2014 03:02 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3476.IH H3476 kjohnson on DSK79L0C42 with BILLS 5 •HR 3476 IH (C) serving in the civil service or the senior 1 executive service (or similar service for senior 2 executives of particular departments or agen- 3 cies). 4 Æ VerDate Sep 11 2014 03:02 Jul 02, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\H3476.IH H3476 kjohnson on DSK79L0C42 with BILLS