50 U.S.C. § 403q : US Code - Section 403Q: Inspector General for Agency

Search 50 U.S.C. § 403q : US Code - Section 403Q: Inspector General for Agency

(a) Purpose; establishment
In order to -
(1) create an objective and effective office, appropriately
accountable to Congress, to initiate and conduct independently
inspections, investigations, and audits relating to programs and
operations of the Agency;
(2) provide leadership and recommend policies designed to
promote economy, efficiency, and effectiveness in the
administration of such programs and operations, and detect fraud
and abuse in such programs and operations;
(3) provide a means for keeping the Director fully and
currently informed about problems and deficiencies relating to
the administration of such programs and operations, and the
necessity for and the progress of corrective actions; and
(4) in the manner prescribed by this section, ensure that the
Senate Select Committee on Intelligence and the House Permanent
Select Committee on Intelligence (hereafter in this section
referred to collectively as the "intelligence committees") are
kept similarly informed of significant problems and deficiencies
as well as the necessity for and the progress of corrective
actions,
there is hereby established in the Agency an Office of Inspector
General (hereafter in this section referred to as the "Office").
(b) Appointment; supervision; removal
(1) There shall be at the head of the Office an Inspector General
who shall be appointed by the President, by and with the advice and
consent of the Senate. This appointment shall be made without
regard to political affiliation and shall be solely on the basis of
integrity, compliance with the security standards of the Agency,
and prior experience in the field of foreign intelligence. Such
appointment shall also be made on the basis of demonstrated ability
in accounting, financial analysis, law, management analysis, public
administration, or auditing.
(2) The Inspector General shall report directly to and be under
the general supervision of the Director.
(3) The Director may prohibit the Inspector General from
initiating, carrying out, or completing any audit, inspection, or
investigation, or from issuing any subpoena, after the Inspector
General has decided to initiate, carry out, or complete such audit,
inspection, or investigation or to issue such subpoena, if the
Director determines that such prohibition is necessary to protect
vital national security interests of the United States.
(4) If the Director exercises any power under paragraph (3), he
shall submit an appropriately classified statement of the reasons
for the exercise of such power within seven days to the
intelligence committees. The Director shall advise the Inspector
General at the time such report is submitted, and, to the extent
consistent with the protection of intelligence sources and methods,
provide the Inspector General with a copy of any such report. In
such cases, the Inspector General may submit such comments to the
intelligence committees that he considers appropriate.
(5) In accordance with section 535 of title 28, the Inspector
General shall report to the Attorney General any information,
allegation, or complaint received by the Inspector General relating
to violations of Federal criminal law that involve a program or
operation of the Agency, consistent with such guidelines as may be
issued by the Attorney General pursuant to subsection (b)(2) of
such section. A copy of all such reports shall be furnished to the
Director.
(6) The Inspector General may be removed from office only by the
President. The President shall immediately communicate in writing
to the intelligence committees the reasons for any such removal.
(c) Duties and responsibilities
It shall be the duty and responsibility of the Inspector General
appointed under this section -
(1) to provide policy direction for, and to plan, conduct,
supervise, and coordinate independently, the inspections,
investigations, and audits relating to the programs and
operations of the Agency to ensure they are conducted efficiently
and in accordance with applicable law and regulations;
(2) to keep the Director fully and currently informed
concerning violations of law and regulations, fraud and other
serious problems, abuses and deficiencies that may occur in such
programs and operations, and to report the progress made in
implementing corrective action;
(3) to take due regard for the protection of intelligence
sources and methods in the preparation of all reports issued by
the Office, and, to the extent consistent with the purpose and
objective of such reports, take such measures as may be
appropriate to minimize the disclosure of intelligence sources
and methods described in such reports; and
(4) in the execution of his responsibilities, to comply with
generally accepted government auditing standards.
(d) Semiannual reports; immediate reports of serious or flagrant
problems; reports of functional problems; reports to Congress on
urgent concerns
(1) The Inspector General shall, not later than January 31 and
July 31 of each year, prepare and submit to the Director a
classified semiannual report summarizing the activities of the
Office during the immediately preceding six-month periods ending
December 31 (of the preceding year) and June 30, respectively. Not
later than the dates each year provided for the transmittal of such
reports in section 507 of the National Security Act of 1947 [50
U.S.C. 415b], the Director shall transmit such reports to the
intelligence committees with any comments he may deem appropriate.
Such reports shall, at a minimum, include a list of the title or
subject of each inspection, investigation, or audit conducted
during the reporting period and -
(A) a description of significant problems, abuses, and
deficiencies relating to the administration of programs and
operations of the Agency identified by the Office during the
reporting period;
(B) a description of the recommendations for corrective action
made by the Office during the reporting period with respect to
significant problems, abuses, or deficiencies identified in
subparagraph (A);
(C) a statement of whether corrective action has been completed
on each significant recommendation described in previous
semiannual reports, and, in a case where corrective action has
been completed, a description of such corrective action;
(D) a certification that the Inspector General has had full and
direct access to all information relevant to the performance of
his functions;
(E) a description of the exercise of the subpoena authority
under subsection (e)(5) of this section by the Inspector General
during the reporting period; and
(F) such recommendations as the Inspector General may wish to
make concerning legislation to promote economy and efficiency in
the administration of programs and operations undertaken by the
Agency, and to detect and eliminate fraud and abuse in such
programs and operations.
(2) The Inspector General shall report immediately to the
Director whenever he becomes aware of particularly serious or
flagrant problems, abuses, or deficiencies relating to the
administration of programs or operations. The Director shall
transmit such report to the intelligence committees within seven
calendar days, together with any comments he considers appropriate.
(3) In the event that -
(A) the Inspector General is unable to resolve any differences
with the Director affecting the execution of the Inspector
General's duties or responsibilities;
(B) an investigation, inspection, or audit carried out by the
Inspector General should focus on any current or former Agency
official who -
(i) holds or held a position in the Agency that is subject to
appointment by the President, by and with the advise (!1) and
consent of the Senate, including such a position held on an
acting basis; or
(ii) holds or held the position in the Agency, including such
a position held on an acting basis, of -
(I) Executive Director;
(II) Deputy Director for Operations;
(III) Deputy Director for Intelligence;
(IV) Deputy Director for Administration; or
(V) Deputy Director for Science and Technology;
(C) a matter requires a report by the Inspector General to the
Department of Justice on possible criminal conduct by a current
or former Agency official described or referred to in
subparagraph (B);
(D) the Inspector General receives notice from the Department
of Justice declining or approving prosecution of possible
criminal conduct of any of the officials described in
subparagraph (B); or
(E) the Inspector General, after exhausting all possible
alternatives, is unable to obtain significant documentary
information in the course of an investigation, inspection, or
audit,
the Inspector General shall immediately notify and submit a report
on such matter to the intelligence committees.
(4) Pursuant to Title V of the National Security Act of 1947 [50
U.S.C. 413 et seq.], the Director shall submit to the intelligence
committees any report or findings and recommendations of an
inspection, investigation, or audit conducted by the office which
has been requested by the Chairman or Ranking Minority Member of
either committee.
(5)(A) An employee of the Agency, or of a contractor to the
Agency, who intends to report to Congress a complaint or
information with respect to an urgent concern may report such
complaint or information to the Inspector General.
(B) Not later than the end of the 14-calendar day period
beginning on the date of receipt from an employee of a complaint or
information under subparagraph (A), the Inspector General shall
determine whether the complaint or information appears credible.
Upon making such a determination, the Inspector General shall
transmit to the Director notice of that determination, together
with the complaint or information.
(C) Upon receipt of a transmittal from the Inspector General
under subparagraph (B), the Director shall, within 7 calendar days
of such receipt, forward such transmittal to the intelligence
committees, together with any comments the Director considers
appropriate.
(D)(i) If the Inspector General does not find credible under
subparagraph (B) a complaint or information submitted under
subparagraph (A), or does not transmit the complaint or information
to the Director in accurate form under subparagraph (B), the
employee (subject to clause (ii)) may submit the complaint or
information to Congress by contacting either or both of the
intelligence committees directly.
(ii) The employee may contact the intelligence committees
directly as described in clause (i) only if the employee -
(I) before making such a contact, furnishes to the Director,
through the Inspector General, a statement of the employee's
complaint or information and notice of the employee's intent to
contact the intelligence committees directly; and
(II) obtains and follows from the Director, through the
Inspector General, direction on how to contact the intelligence
committees in accordance with appropriate security practices.
(iii) A member or employee of one of the intelligence committees
who receives a complaint or information under clause (i) does so in
that member or employee's official capacity as a member or employee
of that committee.
(E) The Inspector General shall notify an employee who reports a
complaint or information to the Inspector General under this
paragraph of each action taken under this paragraph with respect to
the complaint or information. Such notice shall be provided not
later than 3 days after any such action is taken.
(F) An action taken by the Director or the Inspector General
under this paragraph shall not be subject to judicial review.
(G) In this paragraph:
(i) The term "urgent concern" means any of the following:
(I) A serious or flagrant problem, abuse, violation of law or
Executive order, or deficiency relating to the funding,
administration, or operations of an intelligence activity
involving classified information, but does not include
differences of opinions concerning public policy matters.
(II) A false statement to Congress, or a willful withholding
from Congress, on an issue of material fact relating to the
funding, administration, or operation of an intelligence
activity.
(III) An action, including a personnel action described in
section 2302(a)(2)(A) of title 5, constituting reprisal or
threat of reprisal prohibited under subsection (e)(3)(B) of
this section in response to an employee's reporting an urgent
concern in accordance with this paragraph.
(ii) The term "intelligence committees" means the Permanent
Select Committee on Intelligence of the House of Representatives
and the Select Committee on Intelligence of the Senate.
(e) Authorities of Inspector General
(1) The Inspector General shall have direct and prompt access to
the Director when necessary for any purpose pertaining to the
performance of his duties.
(2) The Inspector General shall have access to any employee or
any employee of a contractor of the Agency whose testimony is
needed for the performance of his duties. In addition, he shall
have direct access to all records, reports, audits, reviews,
documents, papers, recommendations, or other material which relate
to the programs and operations with respect to which the Inspector
General has responsibilities under this section. Failure on the
part of any employee or contractor to cooperate with the Inspector
General shall be grounds for appropriate administrative actions by
the Director, to include loss of employment or the termination of
an existing contractual relationship.
(3) The Inspector General is authorized to receive and
investigate complaints or information from any person concerning
the existence of an activity constituting a violation of laws,
rules, or regulations, or mismanagement, gross waste of funds,
abuse of authority, or a substantial and specific danger to the
public health and safety. Once such complaint or information has
been received from an employee of the Agency -
(A) the Inspector General shall not disclose the identity of
the employee without the consent of the employee, unless the
Inspector General determines that such disclosure is unavoidable
during the course of the investigation or the disclosure is made
to an official of the Department of Justice responsible for
determining whether a prosecution should be undertaken; and
(B) no action constituting a reprisal, or threat of reprisal,
for making such complaint may be taken by any employee of the
Agency in a position to take such actions, unless the complaint
was made or the information was disclosed with the knowledge that
it was false or with willful disregard for its truth or falsity.
(4) The Inspector General shall have authority to administer to
or take from any person an oath, affirmation, or affidavit,
whenever necessary in the performance of his duties, which oath
(!2) affirmation, or affidavit when administered or taken by or
before an employee of the Office designated by the Inspector
General shall have the same force and effect as if administered or
taken by or before an officer having a seal.
(5)(A) Except as provided in subparagraph (B), the Inspector
General is authorized to require by subpoena the production of all
information, documents, reports, answers, records, accounts,
papers, and other data and documentary evidence necessary in the
performance of the duties and responsibilities of the Inspector
General.
(B) In the case of Government agencies, the Inspector General
shall obtain information, documents, reports, answers, records,
accounts, papers, and other data and evidence for the purpose
specified in subparagraph (A) using procedures other than by
subpoenas.
(C) The Inspector General may not issue a subpoena for or on
behalf of any other element or component of the Agency.
(D) In the case of contumacy or refusal to obey a subpoena issued
under this paragraph, the subpoena shall be enforceable by order of
any appropriate district court of the United States.
(6) The Inspector General shall be provided with appropriate and
adequate office space at central and field office locations,
together with such equipment, office supplies, maintenance
services, and communications facilities and services as may be
necessary for the operation of such offices.
(7) Subject to applicable law and the policies of the Director,
the Inspector General shall select, appoint and employ such
officers and employees as may be necessary to carry out his
functions. In making such selections, the Inspector General shall
ensure that such officers and employees have the requisite training
and experience to enable him to carry out his duties effectively.
In this regard, the Inspector General shall create within his
organization a career cadre of sufficient size to provide
appropriate continuity and objectivity needed for the effective
performance of his duties.
(8) Subject to the concurrence of the Director, the Inspector
General may request such information or assistance as may be
necessary for carrying out his duties and responsibilities from any
Government agency. Upon request of the Inspector General for such
information or assistance, the head of the Government agency
involved shall, insofar as is practicable and not in contravention
of any existing statutory restriction or regulation of the
Government agency concerned, furnish to the Inspector General, or
to an authorized designee, such information or assistance.
(f) Separate budget account
Beginning with fiscal year 1991, and in accordance with
procedures to be issued by the Director of National Intelligence in
consultation with the intelligence committees, the Director of
National Intelligence shall include in the National Intelligence
Program budget a separate account for the Office of Inspector
General established pursuant to this section.
(g) Transfer
There shall be transferred to the Office the office of the Agency
referred to as the "Office of Inspector General." The personnel,
assets, liabilities, contracts, property, records, and unexpended
balances of appropriations, authorizations, allocations, and other
funds employed, held, used, arising from, or available to such
"Office of Inspector General" are hereby transferred to the Office
established pursuant to this section.