,,ii #aacth ,,congress #b;d ,session ,s4 #bdci ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #e1 #bjad ,mrs4 ,mc,caskill 7for herself1 ,mr4 ,coats1 ,ms4 ,mikulski1 ,mr4 ,tester1 and ,ms4 ,collins7 introduced the following bill2 which was read twice and referred to the ,select ,committee on ,intelligence ,a ,,bill ,to amend the ,inspector ,general ,act of #aigh to provide for the ,inspector ,general of the ,national ,security ,agency to be appointed by the ,president1 by and with the advice and consent of the ,senate1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,,nsa ,internal ,watchdog ,act4 #b4 ,inspector ,general of the ,national ,security ,agency 7a7 ,elevation of ,inspector ,general status ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended-- 7#a7 in section #h;,g7a77#b71 by striking the ,national ,security ,agency12 and 7#b7 in section #ab-- 7,a7 in paragraph 7#a71 by inserting the ,director of the ,national ,security ,agency2 after ,export-,import ,bank22 and 7,b7 in paragraph 7#b71 by inserting the ,national ,security ,agency1 after the ,national ,aeronautics and ,space ,administration14 7b7 ,date of appointment ,not later than #ij days after the date of the enactment of this ,act1 the ,president shall nominate a person for appointment1 by and with the advice and consent of the ,senate1 as ,inspector ,general of the ,national ,security ,agency under section #c7;a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 consistent with the amendments made by subsection 7a74 7c7 ,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 #h;,g of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47-- 7#a7 may continue so serving until the ,president makes an appointment under section #c7;a7 of such ,act with respect to the ,national ,security ,agency consistent with the amendments made by subsection 7a72 and 7#b7 shall1 while serving under paragraph 7#a71 remain subject to the provisions of section #h;,g of such ,act that1 immediately before the date of the enactment of this ,act1 applied with respect to the ,inspector ,general of the ,national ,security ,agency and suffer no reduction in pay4 #c4 ,annual review of mechanisms for reporting employee or contractor complaints ,section #h;,h7g77#a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by adding at the end the following new subparagraph3 7,e7 ,in the case of the ,inspector ,general of the ,national ,security ,agency1 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 mechanisms4 4 #d4 ,special provisions concerning the ,national ,security ,agency ,the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 is amended by inserting after section #h;,j the following new section3 #h,k4 ,special provisions concerning the ,national ,security ,agency 7a7 ,general counsel to the ,inspector ,general 7#a7 ,in general ,there is a ,general ,counsel to the ,inspector ,general of the ,national ,security ,agency1 who shall be appointed by the ,inspector ,general of the ,national ,security ,agency4 7#b7 ,duties ,the ,general ,counsel to the ,inspector ,general of the ,national ,security ,agency shall-- 7,a7 serve as the chief legal officer of the ,office of the ,inspector ,general of the ,national ,security ,agency2 7,b7 provide legal services only to the ,inspector ,general of the ,national ,security ,agency2 7,c7 perform such functions as the ,inspector ,general may prescribe2 and 7,d7 serve at the discretion of the ,inspector ,general4 7#c7 ,office of the ,general ,counsel ,there is an ,office of the ,general ,counsel to the ,inspector ,general of the ,national ,security ,agency4 ,the ,inspector ,general may appoint to the ,office to serve as staff of the ,general ,counsel such legal counsel as the ,inspector ,general considers appropriate4 7b7 ,testimony 7#a7 ,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 contractors1 former contractors1 or former detailees to the ,national ,security ,agency as necessary in the performance of functions assigned to the ,inspector ,general by this ,act4 7#b7 ,refusal to obey ,a subpoena issued under this subsection1 in the case of contumacy or refusal to obey1 shall be enforceable by order of any appropriate ,united ,states district court4 7#c7 ,notification ,the ,inspector ,general shall notify the ,attorney ,general #g days before issuing any subpoena under this section4 7c7 ,prohibitions on investigations for national security reasons 7#a7 ,evaluations of prohibitions ,not later than #g days after the date on which the ,inspector ,general of the ,national ,security ,agency receives notice or a statement under section #h;,g7d77#b77;,c7 of the reasons the ,secretary of ,defense is prohibiting the ,inspector ,general from initiating1 carrying out1 or completing any audit or investigation1 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 statement4 7#b7 ,inclusion in semi-annual report ,the ,inspector ,general shall include in the semiannual report prepared by the ,inspector ,general in accordance with section #e7;a7 a description of the instances in which the ,secretary of ,defense prohibited the ,inspector ,general from initiating1 carrying out1 or completing any audit or investigation during the period covered by such report4 7d7 ,standard for audits and investigations ,in carrying out any audit or investigation of a surveillance or data collection program1 the ,inspector ,general shall-- 7#a7 assess the impact of such program on civil rights and civil liberties2 7#b7 assess the effectiveness and use1 including any improper or illegal use1 of such program2 and 7#c7 make any recommendations the ,inspector ,general considers appropriate to improve the protection of civil rights and civil liberties in the operation of such program4 7e7 ,availability of reports 7#a7 ,availability ,each report to ,congress or a committee of ,congress by the ,inspector ,general shall be made available to all ,members of ,congress4 7#b7 ,member of ,congress defined ,in this subsection1 the term ,member of ,congress means a ,senator1 a ,member of the ,house of ,representatives1 or a ,delegate or ,resident ,commissioner to the ,congress4 4 #e4 ,audit of surveillance programs and background investigations 7a7 ,audit ,the ,inspector ,general of the ,national ,security ,agency appointed under section #c7;a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 consistent with the amendments made by section #b7;a7 of this ,act shall perform a comprehensive audit of-- 7#a7 the effectiveness and use1 including improper or illegal use1 of surveillance and data collection programs of the ,national ,security ,agency1 including programs conducted pursuant to sections #eja and #gjb of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahfa and #ahha;a72 7#b7 the interactions between the ,national ,security ,agency and the court established under section #ajc7;a7 of the ,foreign ,intelligence ,surveillance ,act of #aigh 7#ej ,u4,s4,c4 #ahjc7;a771 including the accuracy of the information provided to such court by the ,agency and the compliance of the ,agency with orders of such court2 and 7#c7 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 information4 7b7 ,report ,not later than #ahj days after the date on which the ,inspector ,general of the ,national ,security ,agency is appointed under section #c7;a7 of the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app47 consistent with the amendments made by section #b7;a7 of this ,act1 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 7a74 7c7 ,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 #aigh 7#e ,u4,s4,c4 ,app474