[国会记录:2009年2月5日(参议院)][第S1680-S1681页]阿卡先生(代表本人、劳滕贝格先生、麦卡斯基尔夫人、桑德斯先生、怀登先生、卡珀先生和德宾先生)关于介绍法案和联合决议的发言:S. 385。重申和澄清总审计长审计和评估情报系统的计划、活动和财务交易以及其他目的的权力的法案;情报特别委员会。卡卡先生。总统先生,我今天起立向各位参议员介绍2009年的《情报机构审计法》,各位参议员包括卡珀、德宾、劳滕贝格、麦卡斯基尔、桑德斯和怀登。该法案重申并明确了美国总审计长(政府问责局(GAO)局长)审计和评估情报界项目和活动的权力。我们的法案并不新。我曾两次提出类似议案。但今天,当我再次提出这项法案时,我和我的许多同事都重申了对问责制的承诺。这项立法将是朝这个方向迈出的重要一步。GAO拥有完善的专业知识,可以用来改善情报界的表现。 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在同一聆讯中,GAO拥有专业知识和清理人员,以增加IC的管理监督。我还认为,保障需要生效,以保护IC最[页S1681]敏感未经授权泄露信息。根据这一法案,只有参议院委员会的情报,情报众议院常设特别委员会,和广大和参议院和众议院的少数党领袖将能的情报来源和方法或秘密行动的请求评论。这种性质的审计结果将被限制在最初的请求,美国国家情报总监,以及相关的IC元件的头部。参与这些审计GAO的员工将受到未经授权的披露或使用敏感信息作为他们的IC同行同样的刑罚。有到位,以保持这些信息的安全附加机制。国会和高都在确保IC元件履行保护这个国家的责任了至关重要的作用。通过消除障碍,以更全面的监督,这项法案将有助于提高我们的国家安全。Presdient先生,我要求一致同意,该法案的文本记录打印。没有人反对,该法案的文本奉命在记录要打印,如下所示:S. 385它通过美利坚合众国国会代表的参议院和众议院颁布组装,第1节简称。 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.''. ______