[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2515 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2515

  To establish the Inspector General for Intelligence, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              June 9, 2004

   Ms. Snowe introduced the following bill; which was read twice and 
            referred to the Select Committee on Intelligence

_______________________________________________________________________

                                 A BILL


 
  To establish the Inspector General for Intelligence, 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 Community 
Accountability Act of 2004''.

SEC. 2. INSPECTOR GENERAL FOR INTELLIGENCE.

    (a) Establishment.--(1) Title I of the National Security Act of 
1947 (50 U.S.C. 402 et seq.) is amended by inserting after section 118 
the following new section:

                  ``inspector general for intelligence

    ``Sec. 119. (a) Establishment.--(1) There is hereby established the 
Office of Inspector General for Intelligence (in this section referred 
to as the `Office').
    ``(2) The Office shall not be located for administrative or other 
purposes within the Central Intelligence Agency.
    ``(3) The purpose of the Office is to--
            ``(A) provide an objective and effective office, 
        appropriately accountable to Congress, to--
                    ``(i) initiate and conduct independently 
                investigations, audits, and reviews of significant 
                failures by the intelligence community as a whole in 
                the discharge of the intelligence, intelligence-
                related, or other national security missions of the 
                intelligence community; and
                    ``(ii) identify means of improving the discharge of 
                such missions by the intelligence community as a whole;
            ``(B) provide a means for keeping the Director of Central 
        Intelligence, as the head of the intelligence community, fully 
        and currently informed about significant failures in the 
        discharge of such missions, the necessity for and progress of 
        corrective actions, and means of improving the discharge of 
        such missions by the intelligence community as a whole;
            ``(C) in the manner prescribed by this section, ensure that 
        the congressional intelligence committees are kept similarly 
        informed of significant failures in the discharge of such 
        missions, the necessity for and progress of corrective actions, 
        and means of improving the discharge of such missions by the 
        intelligence community as a whole; and
            ``(D) identify policies and practices of the intelligence 
        community that may serve as a model for similar policies and 
        practices for other departments, agencies, and elements of the 
        United States Government.
    ``(b) Appointment; Supervision; Removal.--(1)(A) There shall be at 
the head of the Office the Inspector General for Intelligence who shall 
be appointed by the President, by and with the advice and consent of 
the Senate.
    ``(B) The appointment of an individual as Inspector General shall 
be made without regard to political affiliation, and shall be solely on 
the basis of integrity, compliance with the security standards of the 
intelligence community, and prior experience in matters relating to 
foreign intelligence.
    ``(2) The Inspector General shall report directly to and be under 
the general supervision of the Director of Central Intelligence, acting 
as the head of the intelligence community.
    ``(3) The Inspector General may be removed from office only by the 
President. The President shall immediately communicate in writing to 
the congressional intelligence committees the reasons for the removal 
from office of an Inspector General.
    ``(c) Acting Inspector General.--(1) The Director of Central 
Intelligence, acting as the head of the intelligence community, may 
appoint an individual to act as the Inspector General in a circumstance 
as follows:
            ``(A) During a vacancy in the position of Inspector 
        General.
            ``(B) During any period when the Inspector General is 
        absent from duty or is for any reason unable to perform the 
        duties of the Inspector General.
    ``(2) An individual appointed to act as the Inspector General may 
not continue to so act for more than nine months after such 
appointment.
    ``(d) Duties and Responsibilities.--The Inspector General shall--
            ``(1) investigate, audit, or review each significant 
        failure (including an error of communication, cooperation, or 
        coordination) of the intelligence community as a whole in the 
        discharge of an intelligence, intelligence-related, or other 
        national security mission of the intelligence community;
            ``(2) identify means of improving the discharge of the 
        intelligence, intelligence-related, or other national security 
        missions of the intelligence community by the intelligence 
        community as a whole;
            ``(3) keep the Director of Central Intelligence, as the 
        head of the intelligence community, fully and currently 
        informed about significant failures in the discharge of such 
        missions, the necessity for and progress of corrective actions, 
        and means of improving the discharge of such missions by the 
        intelligence community as a whole; and
            ``(4) identify policies and practices of the intelligence 
        community that may serve as a model for similar policies and 
        practices for other departments, agencies, and elements of the 
        United States Government.
    ``(e) Authorities.--(1) Except as otherwise provided in this 
section, the Inspector General shall have such powers and authorities 
under the Inspector General Act of 1978 (5 U.S.C. App.) as are required 
for the discharge of the duties and responsibilities of the Inspector 
General under subsection (d).
    ``(2) The Inspector General shall have direct and prompt access to 
the Director of Central Intelligence, acting as the head of the 
intelligence community, when necessary for any purpose pertaining to 
the performance of the duties of the Inspector General.
    ``(3)(A) The Inspector General may, in consultation with the head 
of the element of the intelligence community concerned, conduct such 
inspections of the element of the intelligence community as the 
Inspector General considers appropriate for the performance of the 
duties of the Inspector General.
    ``(B) In conducting an inspection under subparagraph (A), the 
Inspector General may, after notice to the head of the element of the 
intelligence community concerned, enter into any place occupied by the 
element of the intelligence community at such time or times as the 
Inspector General considers appropriate.
    ``(4)(A) The Inspector General shall have access to any employee or 
any contractor employee of an element of the intelligence community 
whose testimony is needed for the performance of the duties of the 
Inspector General.
    ``(B) The Inspector General shall have direct access to all 
records, reports, audits, reviews, documents, papers, recommendations, 
or other material which relate to the programs and operations with 
respect to which the Inspector General has responsibilities under this 
section.
    ``(C) Failure on the part of any employee or contractor to 
cooperate with the Inspector General shall be grounds for appropriate 
administrative actions by the head of the element of the intelligence 
community concerned, including loss of employment or the termination of 
an existing contractual relationship.
    ``(5) The Inspector General shall have authority to administer to 
or take from any person an oath, affirmation, or affidavit, whenever 
necessary in the performance of the duties of the Inspector General, 
which oath affirmation, or affidavit when administered or taken by or 
before an employee of the Office designated by the Inspector General 
shall have the same force and effect as if administered or taken by or 
before an officer having a seal.
    ``(6)(A) Except as provided in subparagraph (B), the Inspector 
General may require by subpoena the production of all information, 
documents, reports, answers, records, accounts, papers, and other data 
and documentary evidence necessary in the performance of the duties and 
responsibilities of the Inspector General.
    ``(B) In the case of a department or agency of the United States 
Government, the Inspector General shall obtain information, documents, 
reports, answers, records, accounts, papers, and other data and 
evidence for the purpose specified in subparagraph (A) using procedures 
other than by subpoenas.
    ``(C) The Inspector General may not issue a subpoena for or on 
behalf of any other element or component of the intelligence community.
    ``(D) In the case of contumacy or refusal to obey a subpoena issued 
under this paragraph, the subpoena shall be enforceable by order of any 
appropriate district court of the United States.
    ``(f) Initiation of Investigations.--The Inspector General may 
commence an investigation as follows:
            ``(1) Upon the initiative of the Inspector General.
            ``(2) Upon the request of the President.
            ``(3) Upon the request of the Director of Central 
        Intelligence.
            ``(4) Upon the request of the head of another element of 
        the intelligence community.
            ``(5) Upon the request of an Inspector General of an 
        element of the intelligence community.
            ``(6) Upon the request of a congressional intelligence 
        committee, the Committee on Armed Services of the Senate, or 
        the Committee on Armed Services of the House of 
        Representatives.
            ``(7) Upon the request of a Member of Congress.
    ``(g) Cooperation of Intelligence Community Inspectors General.--
(1) Each Inspector General of an element of the intelligence community 
shall cooperate fully with the Inspector General for Intelligence in 
the performance by the Inspector General for Intelligence of the duties 
and responsibilities of the Inspector General for Intelligence under 
this section.
    ``(2) The Inspector General for Intelligence shall cooperate fully 
with each Inspector General of an element of the intelligence community 
in the performance by the Inspector General of such element of the 
intelligence community of the duties and responsibilities of the 
Inspector General of such element of the intelligence community under 
law.
    ``(3) The cooperation of the Inspector General of an element of the 
intelligence community with the Inspector General for Intelligence 
under paragraph (1) may not be construed to modify or affect the duties 
and responsibilities of the duties and responsibilities of the 
Inspector General for Intelligence with respect to the intelligence 
community as a whole under this section or the duties 
and responsibilities of the Inspector General of such element of the 
intelligence community with respect to such element of the intelligence 
community under law.
    ``(h) Reports.--(1)(A) The Inspector General may make to the 
President, the Director of Central Intelligence, or the head of any 
element of the intelligence community any report on an investigation 
conducted by the Inspector General that the Inspector General considers 
appropriate.
    ``(B) A report on an investigation under subparagraph (A) may 
include such recommendations for corrective or disciplinary action as 
the Inspector General considers appropriate as a result of the 
investigation.
    ``(2)(A) In accordance with section 535 of title 28, United States 
Code, the Inspector General shall submit to the Attorney General a 
report on any information, allegation, or complaint received by the 
Inspector General relating to a violation of Federal criminal law that 
involves a program or operation of an element of the intelligence 
community, consistent with such guidelines as may be issued by the 
Attorney General pursuant to subsection (b)(2) of such section.
    ``(B) The Inspector General shall submit to the Director of Central 
Intelligence, acting as the head of the intelligence community, a copy 
of each report submitted to the Attorney General under subparagraph 
(A).
    ``(3) Not later than January 31 and July 31 each year, the 
Inspector General shall submit to the congressional intelligence 
committees a report on the activities of the Inspector General and the 
Office during the preceding six months. Each report shall include, for 
the six-month period covered by such report--
            ``(A) a description of each significant investigation 
        commenced by the Inspector General, including the progress made 
        in such investigation;
            ``(B) a summary of the other investigations commenced or 
        conducted by the Inspector General; and
            ``(C) in the case of any investigation concluded by the 
        Inspector General, a description of the findings of the 
        Inspector General as a result of such investigation, including 
        whether the Inspector General made a recommendation for 
        corrective or disciplinary action under paragraph (1)(B), or 
        submitted to the Attorney General a report on a violation of 
        Federal criminal law under paragraph (2)(A), as a result of 
        such investigation.
    ``(4) Each report submitted to the congressional intelligence 
committees under paragraph (3) shall be submitted in both classified 
and unclassified form.
    ``(5) The head of any element of the intelligence community may 
submit to the congressional intelligence committees a report on any 
matter in a report under paragraph (3) that relates to such element of 
the intelligence community.
    ``(i) Support.--(1) The Inspector General shall have a staff of 
personnel with such expertise and experience as the Inspector General 
considers appropriate to carry out the duties of the Inspector General 
under this section.
    ``(2) The staff of the Inspector General under paragraph (1) shall 
possess security clearances appropriate for the work of the Inspector 
General.
    ``(3) The Director of Central Intelligence, acting as the head of 
the intelligence community, shall provide the Inspector General with 
appropriate and adequate office space, together with such equipment, 
office supplies, maintenance services, and communications facilities 
and services as may be necessary for the operation of the Office.
    ``(4)(A) Subject to the concurrence of the Director, the Inspector 
General may request from any department or agency of the United States 
Government such information or assistance as may be necessary for 
carrying out the duties of the Inspector General under this section.
    ``(B) Upon request of the Inspector General for information or 
assistance under subparagraph (A), the head of the department or agency 
concerned shall, insofar as is practicable and not in contravention of 
any existing statutory restriction or regulation of such department or 
agency, furnish such information or assistance to the Inspector 
General.
    ``(j) Separate Budget Account.--Beginning with fiscal year 2006 and 
in accordance with procedures to be issued by the Director of Central 
Intelligence in consultation with the congressional intelligence 
committees, the Director shall include in the National Foreign 
Intelligence Program budget a separate account for the Office of 
Inspector General for Intelligence.''.
    (2) The table of contents for the National Security Act of 1947 is 
amended by inserting after the item relating to section 118 the 
following new item:

``Sec. 119. Inspector General for Intelligence.''.
    (b) Executive Schedule Level IV.--Section 5315 of title 5, United 
States Code, is amended by inserting after the item relating to the 
Inspector General of the Central Intelligence Agency the following new 
item:
            ``Inspector General for Intelligence.''.
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