NSA Internal Watchdog Act - Amends the Inspector General Act of 1978 to require the President to appoint, with advice and consent of the Senate, the Inspector General of the National Security Agency (NSA). (Currently, the NSA Inspector General is appointed by the NSA Director.)
Directs the Inspector General to include in an annual report to Congress a review of the mechanisms for NSA employees or contractors to submit complaints.
Establishes a General Counsel to the NSA Inspector General, to be appointed by the Inspector General.
Authorizes the Inspector General, after providing the Attorney General (DOJ) with seven days' advance notice, to subpoena the attendance and testimony of former NSA employees or NSA contractors, former contractors, or former detailees.
Requires the Inspector General to provide Congress with an evaluation of any notice or statement of reasons the Inspector General receives from the Secretary of Defense (DOD) regarding the Secretary's exercise of authority in the interest of national security to prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation.
Directs the Inspector General, in carrying out any audit or investigation of a surveillance or data collection program, to assess the impact of such program on civil rights and liberties.
Requires the Inspector General's reports to Congress to be made available to all Members of Congress.
Directs the Inspector General to audit and report to Congress regarding the effectiveness and use (including improper or illegal use) of NSA surveillance and data collection programs, including programs under the Foreign Intelligence Surveillance Act of 1978 (FISA) that authorize: (1) the Federal Bureau of Investigation (FBI) to submit applications to the FISA court for an order requiring the production of tangible things (commonly referred to as business records, including books, records, papers, documents, and other items); and (2) the Attorney General and the Director of National Intelligence (DNI), with the approval of the FISA court or under exigent circumstances, to authorize the targeting of persons located outside the United States.
Requires such audit to address: (1) the interactions between the NSA and the FISA court, and (2) the process for conducting background investigations of persons for NSA employment or for receiving access to classified information.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2439 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2439
To amend the Inspector General Act of 1978 to provide for the Inspector
General of the National Security Agency to be appointed by the
President, by and with the advice and consent of the Senate, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 5, 2014
Mrs. McCaskill (for herself, Mr. Coats, Ms. Mikulski, Mr. Tester, and
Ms. Collins) introduced the following bill; which was read twice and
referred to the Select Committee on Intelligence
_______________________________________________________________________
A BILL
To amend the Inspector General Act of 1978 to provide for the Inspector
General of the National Security Agency to be appointed by the
President, by and with the advice and consent of the Senate, 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 ``NSA Internal Watchdog Act''.
SEC. 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) Date of Appointment.--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) Transition Rule.--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.
SEC. 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.''.
SEC. 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:
``SEC. 8K. SPECIAL PROVISIONS CONCERNING THE NATIONAL SECURITY AGENCY.
``(a) General Counsel to the Inspector General.--
``(1) In general.--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) Duties.--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) Testimony.--
``(1) Authority to compel.--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) Refusal to obey.--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) Notification.--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) Availability of Reports.--
``(1) Availability.--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.''.
SEC. 5. AUDIT OF SURVEILLANCE PROGRAMS AND BACKGROUND INVESTIGATIONS.
(a) Audit.--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) Report.--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) Rule of Construction.--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.).
<all>
Introduced in Senate
Read twice and referred to the Select Committee on Intelligence.
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