text: 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.).
target: 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.
feat_title: NSA Internal Watchdog Act