[Congressional Record Volume 155, Number 23 (Thursday, February 5, 2009)]
[Senate]
[Pages S1680-S1681]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. AKAKA (for himself, Mr. Lautenberg, Mrs. McCaskill, Mr. 
        Sanders, Mr. Wyden, Mr. Carper, and Mr. Durbin):
  S. 385. A bill to reaffirm and clarify the authority of the 
Comptroller General to audit and evaluate the programs, activities, and 
financial transactions of the intelligence community, and for other 
purposes; to the Select Committee on Intelligence.
  Mr. AKAKA. Mr. President, I rise today to introduce the Intelligence 
Community Audit Act of 2009, with Senators Carper, Durbin, Lautenberg, 
McCaskill, Sanders, and Wyden. This legislation reaffirms and clarifies 
the authority of the Comptroller General of the United States, as head 
of the Government Accountability Office, GAO, to audit and evaluate the 
programs and activities of the Intelligence Community, IC.
  Our bill is not new. I have introduced similar bills twice before. 
But today, as I reintroduce this bill, I share with many of my 
colleagues a renewed commitment to accountability. This legislation 
would be an important step in that direction. GAO has well-established 
expertise that should be leveraged to improve the performance of the 
Intelligence Community. In particular, GAO could provide much needed 
guidance to the IC related to human capital, financial management, 
information sharing, strategic planning, information technology, and 
other areas of management and administration. By employing GAO's 
expertise to improve IC management and operations while carefully 
protecting sensitive information, this bill would reinforce the 
Intelligence Community's ability to meet its mission.
  The Intelligence Community has faced greater demands and increased 
responsibilities over the past few years. It is Congress's 
responsibility to ensure that the IC carries out its critical functions 
effectively and consistent with congressional authorization. For too 
long, GAO's expertise and ability to engage in constructive oversight 
of the IC have been underutilized. This legislation would enhance, in a 
complementary manner, rather than detract from the work of the 
congressional intelligence committees. Dr. Marvin Ott, a former 
professional staff member on the Senate Select Committee on 
Intelligence, testified before my Subcommittee on Oversight of 
Government Management in February 2008 that the growth in the 
complexity, diversity, and size of the IC requires additional oversight 
resources. GAO is in a position to help. According to then-Comptroller 
General David Walker, who testified at the same hearing, GAO has the 
expertise and cleared personnel to increase the management oversight of 
the IC.
  I also believe that safeguards need to be in effect to protect the 
IC's most

[[Page S1681]]

sensitive information from unauthorized disclosure. Under this bill, 
only the Senate Select Committee on Intelligence, the House Permanent 
Select Committee on Intelligence, and the majority and the minority 
leaders of the Senate and the House of Representatives would be able to 
request reviews of intelligence sources and methods or covert actions. 
Results of an audit of this nature would be restricted to the original 
requester, the Director of National Intelligence, and the head of the 
relevant IC element. Employees of the GAO participating in these audits 
would be subject to the same penalties for unauthorized disclosure or 
use of sensitive information as their counterparts in the IC. There are 
additional mechanisms in place to keep this information secure.
  Congress and GAO have a crucial role in ensuring that the IC elements 
are fulfilling their responsibilities of protecting this country. By 
removing the barrier to more comprehensive oversight, this bill will 
help improve our national security.
  Mr. Presdient, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 385

       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 2009''.

     SEC. 2. COMPTROLLER GENERAL AUDITS AND EVALUATIONS OF 
                   ACTIVITIES OF ELEMENTS OF THE INTELLIGENCE 
                   COMMUNITY.

       (a) Reaffirmation and Clarification 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; audits and 
       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 for matters referred to in 
     paragraph (2); and
       ``(2) such audits and evaluations may be requested by any 
     committee of jurisdiction (including the Committee on 
     Homeland Security and the Committee on the Judiciary of the 
     House of Representatives and the Committee on Homeland 
     Security and Governmental Affairs and the Committee on the 
     Judiciary of the Senate), and may include 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, and information sharing (including 
     information sharing by and with the Department of Homeland 
     Security and the Department of Justice).
       ``(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 such 
     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) With the exception of the types of audits and 
     evaluations specified in subsection (c)(1), 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) Technical and Conforming 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.''.
                                 ______