113 S2439 IS: NSA Internal Watchdog Act
U.S. Senate
2014-06-05
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
1.
This Act may be cited as the NSA Internal Watchdog Act
.
2.
Inspector General of the National Security Agency
(a)
Elevation of Inspector General status
The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1)
in section 8G(a)(2), by striking the National Security Agency,
; and
(2)
in section 12—
(A)
in paragraph (1), by inserting the Director of the National Security Agency;
after Export-Import Bank;
; and
(B)
in paragraph (2), by inserting the National Security Agency,
after the National Aeronautics and Space Administration,
.
(b)
Not later than 90 days after the date of the enactment of this Act, the President shall nominate a
person for appointment, by and with the advice and consent of the Senate,
as Inspector General of the National Security Agency under section 3(a) of
the Inspector General Act of 1978 (5 U.S.C. App.) consistent with the
amendments made by subsection (a).
(c)
An individual serving as Inspector General of the National Security Agency on the date of the
enactment of this Act pursuant to an appointment made under section 8G of
the Inspector General Act of 1978 (5 U.S.C. App.)—
(1)
may continue so serving until the President makes an appointment under section 3(a) of such Act
with respect to the National Security Agency consistent with the
amendments made by subsection (a); and
(2)
shall, while serving under paragraph (1), remain subject to the provisions of section 8G of such
Act that, immediately before the date of the enactment of this Act,
applied with respect to the Inspector General of the National Security
Agency and suffer no reduction in pay.
3.
Annual review of mechanisms for reporting employee or contractor complaints
Section 8H(g)(1) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended by adding at the
end the following new subparagraph:
(E)
In the case of the Inspector General of the National Security Agency, a review of the mechanisms
for submitting complaints that are available to an employee of or
contractor to the National Security Agency and any recommendations of the
Inspector General for improving such mechanisms.
.
4.
Special provisions concerning the National Security Agency
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the
following new section:
8K.
Special provisions concerning the National Security Agency
(a)
General counsel to the Inspector General
(1)
There is a General Counsel to the Inspector General of the National Security Agency, who shall be
appointed by the Inspector General of the National Security Agency.
(2)
The General Counsel to the Inspector General of the National Security Agency shall—
(A)
serve as the chief legal officer of the Office of the Inspector General of the National Security
Agency;
(B)
provide legal services only to the Inspector General of the National Security Agency;
(C)
perform such functions as the Inspector General may prescribe; and
(D)
serve at the discretion of the Inspector General.
(3)
Office of the General Counsel
There is an Office of the General Counsel to the Inspector General of the National Security Agency.
The Inspector General may appoint to the Office to serve as staff of the
General Counsel such legal counsel as the Inspector General considers
appropriate.
(b)
(1)
The Inspector General of the National Security Agency is authorized to require by subpoena the
attendance and testimony of former employees of the National Security
Agency or contractors, former contractors, or former detailees to the
National Security Agency as necessary in the performance of functions
assigned to the Inspector General by this Act.
(2)
A subpoena issued under this subsection, in the case of contumacy or refusal to obey, shall be
enforceable by order of any appropriate United States district court.
(3)
The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under
this section.
(c)
Prohibitions on investigations for national security reasons
(1)
Evaluations of prohibitions
Not later than 7 days after the date on which the Inspector General of the National Security Agency
receives notice or a statement under section 8G(d)(2)(C) of the reasons
the Secretary of Defense is prohibiting the Inspector General from
initiating, carrying out, or completing any audit or investigation, the
Inspector General shall submit to the Permanent Select Committee on
Intelligence and the Committee on Armed Services of the House of
Representatives and the Select Committee on Intelligence and the Committee
on Armed Services of the Senate an evaluation of such notice or such
statement.
(2)
Inclusion in semi-annual report
The Inspector General shall include in the semiannual report prepared by the Inspector General in
accordance with section 5(a) a description of the instances in which the
Secretary of Defense prohibited the Inspector General from initiating,
carrying out, or completing any audit or investigation during the period
covered by such report.
(d)
Standard for audits and investigations
In carrying out any audit or investigation of a surveillance or data collection program, the
Inspector General shall—
(1)
assess the impact of such program on civil rights and civil liberties;
(2)
assess the effectiveness and use, including any improper or illegal use, of such program; and
(3)
make any recommendations the Inspector General considers appropriate to improve the protection of
civil rights and civil liberties in the operation of such program.
(e)
(1)
Each report to Congress or a committee of Congress by the Inspector General shall be made available
to all Members of Congress.
(2)
Member of Congress defined
In this subsection, the term Member of Congress
means a Senator, a Member of the House of Representatives, or a Delegate or Resident Commissioner
to the Congress.
.
5.
Audit of surveillance programs and background investigations
(a)
The Inspector General of the National Security Agency appointed under section 3(a) of the Inspector
General Act of 1978 (5 U.S.C. App.) consistent with the amendments made by
section 2(a) of this Act shall perform a comprehensive audit of—
(1)
the effectiveness and use, including improper or illegal use, of surveillance and data collection
programs of the National Security Agency, including programs conducted
pursuant to sections 501 and 702 of the Foreign Intelligence Surveillance
Act of 1978 (50 U.S.C. 1861 and 1881a);
(2)
the interactions between the National Security Agency and the court established under section
103(a) of the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1803(a)), including the accuracy of the information provided to such court
by the Agency and the compliance of the Agency with orders of such court;
and
(3)
the process for conducting background investigations of persons for purposes of employment or
potential employment by the National Security Agency or for receiving
access to classified information.
(b)
Not later than 180 days after the date on which the Inspector General of the National Security
Agency is appointed under section 3(a) of the Inspector General Act of
1978 (5 U.S.C. App.) consistent with the amendments made by section 2(a)
of this Act, the Inspector General of the National Security Agency shall
submit to the Permanent Select Committee on Intelligence of the House of
Representatives and the Select Committee on Intelligence of the Senate a
report containing the results of the audit conducted under subsection (a).
(c)
Nothing in this section shall be construed to alter the responsibility of the Inspector General
of the National Security Agency to conduct audits or investigations of the
surveillance programs of the National Security Agency and the background
investigation process for employment or access to classified information
on an ongoing basis in accordance with the Inspector General Act of 1978
(5 U.S.C. App.).