[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 978 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 978
To reaffirm the authority of the Comptroller General to audit and
evaluate the programs, activities, and financial transactions of the
intelligence community, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2007
Mr. Thompson of Mississippi (for himself, Ms. Jackson-Lee of Texas, Mr.
DeFazio, Ms. Norton, Ms. Zoe Lofgren of California, Mr. Carney, and Mr.
Cuellar) introduced the following bill; which was referred to the
Select Committee on Intelligence (Permanent Select), and in addition to
the Committee on Oversight and Government Reform, 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 reaffirm the authority of the Comptroller General to audit and
evaluate the programs, activities, and financial transactions of the
intelligence community, 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 Audit Act of
2007''.
SEC. 2. COMPTROLLER GENERAL AUDITS AND EVALUATIONS OF ACTIVITIES OF
ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) Reaffirmation of Authority; Audits of Intelligence Community
Activities.--Chapter 35 of title 31, United States Code, is amended by
inserting after section 3523 the following:
``Sec. 3523a. Audits of intelligence community; audit requesters
``(a) In this section, the term `element of the intelligence
community' means an element of the intelligence community specified in
or designated under section 3(4) of the National Security Act of 1947
(50 U.S.C. 401a(4)).
``(b) Congress finds that--
``(1) the authority of the Comptroller General to perform
audits and evaluations of financial transactions, programs, and
activities of elements of the intelligence community under
sections 712, 717, 3523, and 3524, and to obtain access to
records for purposes of such audits and evaluations under
section 716, is reaffirmed; and
``(2) such audits and evaluations may be requested by any
committee of jurisdiction (including the Committee on Homeland
Security of the House of Representatives and the Committee on
Homeland Security and Governmental Affairs of the Senate), and
may include but are not limited to matters relating to the
management and administration of elements of the intelligence
community in areas such as strategic planning, financial
management, information technology, human capital, knowledge
management, information sharing (including information sharing
by and with the Department of Homeland Security), and change
management.
``(c)(1) The Comptroller General may conduct an audit or evaluation
of intelligence sources and methods or covert actions only upon request
of the Select Committee on Intelligence of the Senate or the Permanent
Select Committee on Intelligence of the House of Representatives, or
the majority or the minority leader of the Senate or the House of
Representatives.
``(2)(A) Whenever the Comptroller General conducts an audit or
evaluation under paragraph (1), the Comptroller General shall provide
the results of such audit or evaluation only to the original requestor,
the Director of National Intelligence, and the head of the relevant
element of the intelligence community.
``(B) The Comptroller General may only provide information obtained
in the course of an audit or evaluation under paragraph (1) to the
original requestor, the Director of National Intelligence, and the head
of the relevant element of the intelligence community.
``(3)(A) Notwithstanding any other provision of law, the
Comptroller General may inspect records of any element of the
intelligence community relating to intelligence sources and methods, or
covert actions in order to conduct audits and evaluations under
paragraph (1).
``(B) If in the conduct of an audit or evaluation under paragraph
(1), an agency record is not made available to the Comptroller General
in accordance with section 716, the Comptroller General shall consult
with the original requestor before filing a report under subsection
(b)(1) of that section.
``(4)(A) The Comptroller General shall maintain the same level of
confidentiality for a record made available for conducting an audit
under paragraph (1) as is required of the head of the element of the
intelligence community from which it is obtained. Officers and
employees of the Government Accountability Office are subject to the
same statutory penalties for unauthorized disclosure or use as officers
or employees of the intelligence community element that provided the
Comptroller General or officers and employees of the Government
Accountability Office with access to such records.
``(B) All workpapers of the Comptroller General and all records and
property of any element of the intelligence community that the
Comptroller General uses during an audit or evaluation under paragraph
(1) shall remain in facilities provided by that element of the
intelligence community. Elements of the intelligence community shall
give the Comptroller General suitable and secure offices and furniture,
telephones, and access to copying facilities, for purposes of audits
and evaluations under paragraph (1).
``(C) After consultation with the Select Committee on Intelligence
of the Senate and with the Permanent Select Committee on Intelligence
of the House of Representatives, the Comptroller General shall
establish procedures to protect from unauthorized disclosure all
classified and other sensitive information furnished to the Comptroller
General or any representative of the Comptroller General for conducting
an audit or evaluation under paragraph (1).
``(D) Before initiating an audit or evaluation under paragraph (1),
the Comptroller General shall provide the Director of National
Intelligence and the head of the relevant element with the name of each
officer and employee of the Government Accountability Office who has
obtained appropriate security clearance and to whom, upon proper
identification, records, and information of the element of the
intelligence community shall be made available in conducting the audit
or evaluation.
``(d) Elements of the intelligence community shall cooperate fully
with the Comptroller General and provide timely responses to
Comptroller General requests for documentation and information.
``(e) Nothing in this section or any other provision of law shall
be construed as restricting or limiting the authority of the
Comptroller General to audit and evaluate, or obtain access to the
records of, elements of the intelligence community absent specific
statutory language restricting or limiting such audits, evaluations, or
access to records.''.
(b) Clerical Amendment.--The table of sections for chapter 35 of
title 31, United States Code, is amended by inserting after the item
relating to section 3523 the following:
``3523a. Audits of intelligence community; audits and requesters.''.
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