[Congressional Record: February 5, 2009 (Senate)]
[Page S1680-S1681]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
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.''.
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