Sec. 402. Inspector General of the National Security Agency
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The Inspector General Act of 1978 (5 U.S.C. App.) is amended— in section 8G(a)(2), by striking the National Security Agency, ; and in section 12— in paragraph (1), by inserting the National Security Agency, after the Federal Emergency Management Agency, ; and in paragraph (2), by inserting the National Security Agency, after the National Aeronautics and Space Administration, . Not later than 90 days after the date of the resignation, reassignment, or removal of the Inspector General of the National Security Agency appointed pursuant to section 8G of the Inspector General Act of 1978 (5 U.S.C.
App.) as in effect before the date of the enactment of this Act and serving on such date, 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). 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.)— 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 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.
The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 8J the following new section: 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. The General Counsel to the Inspector General of the National Security Agency shall— serve as the chief legal officer of the Office of the Inspector General of the National Security Agency; provide legal services only to the Inspector General of the National Security Agency; prescribe professional rules of ethics and responsibilities for employees and officers of, and contractors to, the Office of the Inspector General of the National Security Agency; perform such functions as the Inspector General may prescribe; and serve at the discretion of the Inspector General.
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. 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.
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. The Inspector General shall notify the Attorney General 7 days before issuing any subpoena under this section. 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.
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. .