II 

108TH CONGRESS 

2D SESSION S. 2515 

To establish the Inspector General for Intelligence, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 9, 2004 

Ms. SNOWE introduced the following bill; which was read twice and referred 

to the Select Committee on Intelligence 

A BILL 

To establish the Inspector General for Intelligence, and for 

other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Intelligence Commu5 nity Accountability Act of 2004’’. 

6 SEC. 2. INSPECTOR GENERAL FOR INTELLIGENCE. 

7 (a) ESTABLISHMENT.—(1) Title I of the National Se8 curity Act of 1947 (50 U.S.C. 402 et seq.) is amended 

9 by inserting after section 118 the following new section: 
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1 ‘‘INSPECTOR GENERAL FOR INTELLIGENCE

2 ‘‘SEC. 119. (a) ESTABLISHMENT.—(1) There is here3 by established the Office of Inspector General for Intel4 ligence (in this section referred to as the ‘Office’). 

5 ‘‘(2) The Office shall not be located for administra6 tive or other purposes within the Central Intelligence 

7 Agency. 

8 ‘‘(3) The purpose of the Office is to— 

9 ‘‘(A) provide an objective and effective office, 

10 appropriately accountable to Congress, to— 

11 ‘‘(i) initiate and conduct independently in12 vestigations, audits, and reviews of significant 

13 failures by the intelligence community as a 

14 whole in the discharge of the intelligence, intel15 ligence-related, or other national security mis16 sions of the intelligence community; and 

17 ‘‘(ii) identify means of improving the dis18 charge of such missions by the intelligence com19 munity as a whole; 

20 ‘‘(B) provide a means for keeping the Director 

21 of Central Intelligence, as the head of the intel22 ligence community, fully and currently informed 

23 about significant failures in the discharge of such 

24 missions, the necessity for and progress of corrective 

25 actions, and means of improving the discharge of 
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1 such missions by the intelligence community as a 

2 whole; 

3 ‘‘(C) in the manner prescribed by this section, 

4 ensure that the congressional intelligence committees 

5 are kept similarly informed of significant failures in 

6 the discharge of such missions, the necessity for and 

7 progress of corrective actions, and means of improv8 ing the discharge of such missions by the intelligence 

9 community as a whole; and 

10 ‘‘(D) identify policies and practices of the intel11 ligence community that may serve as a model for 

12 similar policies and practices for other departments, 

13 agencies, and elements of the United States Govern14 ment. 

15 ‘‘(b) APPOINTMENT; SUPERVISION; REMOVAL.— 

16 (1)(A) There shall be at the head of the Office the Inspec17 tor General for Intelligence who shall be appointed by the 

18 President, by and with the advice and consent of the Sen19 ate. 

20 ‘‘(B) The appointment of an individual as Inspector 

21 General shall be made without regard to political affili22 ation, and shall be solely on the basis of integrity, compli23 ance with the security standards of the intelligence com24 munity, and prior experience in matters relating to foreign 

25 intelligence. 
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1 ‘‘(2) The Inspector General shall report directly to 

2 and be under the general supervision of the Director of 

3 Central Intelligence, acting as the head of the intelligence 

4 community. 

5 ‘‘(3) The Inspector General may be removed from of6 fice only by the President. The President shall imme7 diately communicate in writing to the congressional intel8 ligence committees the reasons for the removal from office 

9 of an Inspector General. 

10 ‘‘(c) ACTING INSPECTOR GENERAL.—(1) The Direc11 tor of Central Intelligence, acting as the head of the intel12 ligence community, may appoint an individual to act as 

13 the Inspector General in a circumstance as follows: 

14 ‘‘(A) During a vacancy in the position of In15 spector General. 

16 ‘‘(B) During any period when the Inspector 

17 General is absent from duty or is for any reason un18 able to perform the duties of the Inspector General. 

19 ‘‘(2) An individual appointed to act as the Inspector 

20 General may not continue to so act for more than nine 

21 months after such appointment. 

22 ‘‘(d) DUTIES AND RESPONSIBILITIES.—The Inspec23 tor General shall— 

24 ‘‘(1) investigate, audit, or review each signifi25 cant failure (including an error of communication, 
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1 cooperation, or coordination) of the intelligence com2 munity as a whole in the discharge of an intel3 ligence, intelligence-related, or other national secu4 rity mission of the intelligence community; 

5 ‘‘(2) identify means of improving the discharge 

6 of the intelligence, intelligence-related, or other na7 tional security missions of the intelligence commu8 nity by the intelligence community as a whole; 

9 ‘‘(3) keep the Director of Central Intelligence, 

10 as the head of the intelligence community, fully and 

11 currently informed about significant failures in the 

12 discharge of such missions, the necessity for and 

13 progress of corrective actions, and means of improv14 ing the discharge of such missions by the intelligence 

15 community as a whole; and 

16 ‘‘(4) identify policies and practices of the intel17 ligence community that may serve as a model for 

18 similar policies and practices for other departments, 

19 agencies, and elements of the United States Govern20 ment. 

21 ‘‘(e) AUTHORITIES.—(1) Except as otherwise pro22 vided in this section, the Inspector General shall have such 

23 powers and authorities under the Inspector General Act 

24 of 1978 (5 U.S.C. App.) as are required for the discharge 
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1 of the duties and responsibilities of the Inspector General 

2 under subsection (d). 

3 ‘‘(2) The Inspector General shall have direct and 

4 prompt access to the Director of Central Intelligence, act5 ing as the head of the intelligence community, when nec6 essary for any purpose pertaining to the performance of 

7 the duties of the Inspector General. 

8 ‘‘(3)(A) The Inspector General may, in consultation 

9 with the head of the element of the intelligence community 

10 concerned, conduct such inspections of the element of the 

11 intelligence community as the Inspector General considers 

12 appropriate for the performance of the duties of the In13 spector General. 

14 ‘‘(B) In conducting an inspection under subpara15 graph (A), the Inspector General may, after notice to the 

16 head of the element of the intelligence community con17 cerned, enter into any place occupied by the element of 

18 the intelligence community at such time or times as the 

19 Inspector General considers appropriate. 

20 ‘‘(4)(A) The Inspector General shall have access to 

21 any employee or any contractor employee of an element 

22 of the intelligence community whose testimony is needed 

23 for the performance of the duties of the Inspector General. 

24 ‘‘(B) The Inspector General shall have direct access 

25 to all records, reports, audits, reviews, documents, papers, 
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1 recommendations, or other material which relate to the 

2 programs and operations with respect to which the Inspec3 tor General has responsibilities under this section. 

4 ‘‘(C) Failure on the part of any employee or con5 tractor to cooperate with the Inspector General shall be 

6 grounds for appropriate administrative actions by the 

7 head of the element of the intelligence community con8 cerned, including loss of employment or the termination 

9 of an existing contractual relationship. 

10 ‘‘(5) The Inspector General shall have authority to 

11 administer to or take from any person an oath, affirma12 tion, or affidavit, whenever necessary in the performance 

13 of the duties of the Inspector General, which oath affirma14 tion, or affidavit when administered or taken by or before 

15 an employee of the Office designated by the Inspector 

16 General shall have the same force and effect as if adminis17 tered or taken by or before an officer having a seal. 

18 ‘‘(6)(A) Except as provided in subparagraph (B), the 

19 Inspector General may require by subpoena the production 

20 of all information, documents, reports, answers, records, 

21 accounts, papers, and other data and documentary evi22 dence necessary in the performance of the duties and re23 sponsibilities of the Inspector General. 

24 ‘‘(B) In the case of a department or agency of the 

25 United States Government, the Inspector General shall ob-
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1 tain information, documents, reports, answers, records, 

2 accounts, papers, and other data and evidence for the pur3 pose specified in subparagraph (A) using procedures other 

4 than by subpoenas. 

5 ‘‘(C) The Inspector General may not issue a subpoena 

6 for or on behalf of any other element or component of the 

7 intelligence community. 

8 ‘‘(D) In the case of contumacy or refusal to obey a 

9 subpoena issued under this paragraph, the subpoena shall 

10 be enforceable by order of any appropriate district court 

11 of the United States. 

12 ‘‘(f) INITIATION OF INVESTIGATIONS.—The Inspector 

13 General may commence an investigation as follows: 

14 ‘‘(1) Upon the initiative of the Inspector Gen15 eral. 

16 ‘‘(2) Upon the request of the President. 

17 ‘‘(3) Upon the request of the Director of Cen18 tral Intelligence. 

19 ‘‘(4) Upon the request of the head of another 

20 element of the intelligence community. 

21 ‘‘(5) Upon the request of an Inspector General 

22 of an element of the intelligence community. 

23 ‘‘(6) Upon the request of a congressional intel24 ligence committee, the Committee on Armed Services 
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1 of the Senate, or the Committee on Armed Services 

2 of the House of Representatives. 

3 ‘‘(7) Upon the request of a Member of Con4 gress. 

5 ‘‘(g) COOPERATION OF INTELLIGENCE COMMUNITY

6 INSPECTORS GENERAL.—(1) Each Inspector General of 

7 an element of the intelligence community shall cooperate 

8 fully with the Inspector General for Intelligence in the per9 formance by the Inspector General for Intelligence of the 

10 duties and responsibilities of the Inspector General for In11 telligence under this section. 

12 ‘‘(2) The Inspector General for Intelligence shall co13 operate fully with each Inspector General of an element 

14 of the intelligence community in the performance by the 

15 Inspector General of such element of the intelligence com16 munity of the duties and responsibilities of the Inspector 

17 General of such element of the intelligence community 

18 under law. 

19 ‘‘(3) The cooperation of the Inspector General of an 

20 element of the intelligence community with the Inspector 

21 General for Intelligence under paragraph (1) may not be 

22 construed to modify or affect the duties and responsibil23 ities of the duties and responsibilities of the Inspector 

24 General for Intelligence with respect to the intelligence 

25 community as a whole under this section or the duties and 
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1 responsibilities of the Inspector General of such element 

2 of the intelligence community with respect to such element 

3 of the intelligence community under law. 

4 ‘‘(h) REPORTS.—(1)(A) The Inspector General may 

5 make to the President, the Director of Central Intel6 ligence, or the head of any element of the intelligence com7 munity any report on an investigation conducted by the 

8 Inspector General that the Inspector General considers ap9 propriate. 

10 ‘‘(B) A report on an investigation under subpara11 graph (A) may include such recommendations for correc12 tive or disciplinary action as the Inspector General con13 siders appropriate as a result of the investigation. 

14 ‘‘(2)(A) In accordance with section 535 of title 28, 

15 United States Code, the Inspector General shall submit 

16 to the Attorney General a report on any information, alle17 gation, or complaint received by the Inspector General re18 lating to a violation of Federal criminal law that involves 

19 a program or operation of an element of the intelligence 

20 community, consistent with such guidelines as may be 

21 issued by the Attorney General pursuant to subsection 

22 (b)(2) of such section. 

23 ‘‘(B) The Inspector General shall submit to the Di24 rector of Central Intelligence, acting as the head of the 
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1 intelligence community, a copy of each report submitted 

2 to the Attorney General under subparagraph (A). 

3 ‘‘(3) Not later than January 31 and July 31 each 

4 year, the Inspector General shall submit to the congres5 sional intelligence committees a report on the activities of 

6 the Inspector General and the Office during the preceding 

7 six months. Each report shall include, for the six-month 

8 period covered by such report— 

9 ‘‘(A) a description of each significant investiga10 tion commenced by the Inspector General, including 

11 the progress made in such investigation; 

12 ‘‘(B) a summary of the other investigations 

13 commenced or conducted by the Inspector General; 

14 and 

15 ‘‘(C) in the case of any investigation concluded 

16 by the Inspector General, a description of the find17 ings of the Inspector General as a result of such in18 vestigation, including whether the Inspector General 

19 made a recommendation for corrective or discipli20 nary action under paragraph (1)(B), or submitted to 

21 the Attorney General a report on a violation of Fed22 eral criminal law under paragraph (2)(A), as a re23 sult of such investigation. 
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1 ‘‘(4) Each report submitted to the congressional in2 telligence committees under paragraph (3) shall be sub3 mitted in both classified and unclassified form. 

4 ‘‘(5) The head of any element of the intelligence com5 munity may submit to the congressional intelligence com6 mittees a report on any matter in a report under para7 graph (3) that relates to such element of the intelligence 

8 community. 

9 ‘‘(i) SUPPORT.—(1) The Inspector General shall have 

10 a staff of personnel with such expertise and experience as 

11 the Inspector General considers appropriate to carry out 

12 the duties of the Inspector General under this section. 

13 ‘‘(2) The staff of the Inspector General under para14 graph (1) shall possess security clearances appropriate for 

15 the work of the Inspector General. 

16 ‘‘(3) The Director of Central Intelligence, acting as 

17 the head of the intelligence community, shall provide the 

18 Inspector General with appropriate and adequate office 

19 space, together with such equipment, office supplies, main20 tenance services, and communications facilities and serv21 ices as may be necessary for the operation of the Office. 

22 ‘‘(4)(A) Subject to the concurrence of the Director, 

23 the Inspector General may request from any department 

24 or agency of the United States Government such informa-
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1 tion or assistance as may be necessary for carrying out 

2 the duties of the Inspector General under this section. 

3 ‘‘(B) Upon request of the Inspector General for infor4 mation or assistance under subparagraph (A), the head 

5 of the department or agency concerned shall, insofar as 

6 is practicable and not in contravention of any existing 

7 statutory restriction or regulation of such department or 

8 agency, furnish such information or assistance to the In9 spector General. 

10 ‘‘(j) SEPARATE BUDGET ACCOUNT.—Beginning with 

11 fiscal year 2006 and in accordance with procedures to be 

12 issued by the Director of Central Intelligence in consulta13 tion with the congressional intelligence committees, the 

14 Director shall include in the National Foreign Intelligence 

15 Program budget a separate account for the Office of In16 spector General for Intelligence.’’. 

17 (2) The table of contents for the National Security 

18 Act of 1947 is amended by inserting after the item relat19 ing to section 118 the following new item: 

‘‘Sec. 119. Inspector General for Intelligence.’’. 

20 (b) EXECUTIVE SCHEDULE LEVEL IV.—Section 

21 5315 of title 5, United States Code, is amended by insert22 ing after the item relating to the Inspector General of the 

23 Central Intelligence Agency the following new item: 

24 ‘‘Inspector General for Intelligence.’’. 

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