
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-567 Section 402,]
[Document affected by Public Law 106-567 Section 402,]
[Document affected by Public Law 107-108 Section 309(a)]
[CITE: 50USC403q]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 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 of Central 
Intelligence 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. Within 
thirty days of receipt of such reports, 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 all cases occurring during the reporting 
    period where the Inspector General could not obtain documentary 
    evidence relevant to any inspection, audit, or investigation due to 
    his lack of authority to subpoena such information; 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 upon the Director or Acting Director; 
    or
        (C) 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 report 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. If the Inspector General 
determines that the complaint or information appears credible, the 
Inspector General shall, before the end of such period, transmit the 
complaint or information to the Director.
    (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 transmit, or does not 
transmit in an accurate form, the complaint or information described in 
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 \1\ 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.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be followed by a comma.
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    (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.
    (E) Not later than January 31 and July 31 of each year, the 
Inspector General shall submit to the Select Committee on Intelligence 
of the Senate and the Permanent Select Committee on Intelligence of the 
House of Representatives a report of the Inspector General's exercise of 
authority under this paragraph during the preceding six months.
    (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 Federal 
agency. Upon request of the Inspector General for such information or 
assistance, the head of the Federal agency involved shall, insofar as is 
practicable and not in contravention of any existing statutory 
restriction or regulation of the Federal 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 Central Intelligence in consultation 
with the intelligence committees, the Director of Central Intelligence 
shall include in the National Foreign 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.

(June 20, 1949, ch. 227, Sec. 17, as added Pub. L. 100-453, title V, 
Sec. 504, Sept. 29, 1988, 102 Stat. 1910; amended Pub. L. 101-193, title 
VIII, Sec. 801, Nov. 30, 1989, 103 Stat. 1711; Pub. L. 102-496, title 
VI, Sec. 601, Oct. 24, 1992, 106 Stat. 3187; Pub. L. 103-359, title IV, 
Sec. 402, Oct. 14, 1994, 108 Stat. 3427; Pub. L. 104-93, title IV, 
Sec. 403, Jan. 6, 1996, 109 Stat. 969; Pub. L. 105-107, title IV, 
Sec. 402, Nov. 20, 1997, 111 Stat. 2257; Pub. L. 105-272, title VII, 
Sec. 702(a), Oct. 20, 1998, 112 Stat. 2414.)

                       References in Text

    The National Security Act of 1947, referred to in subsec. (d)(4), is 
act July 26, 1947, ch. 343, 61 Stat. 495, as amended. Title V of the Act 
is classified generally to subchapter III (Sec. 413 et seq.) of this 
chapter. For complete classification of this Act to the Code, see Short 
Title note set out under section 401 of this title and Tables.

                          Codification

    Section was enacted as part of the Central Intelligence Agency Act 
of 1949, and not as part of the National Security Act of 1947 which 
comprises this chapter.


                               Amendments

    1998--Subsec. (d). Pub. L. 105-272 inserted ``; reports to Congress 
on urgent concerns'' after ``functional problems'' in heading and added 
par. (5).
    1997--Subsec. (b)(3). Pub. L. 105-107, Sec. 402(b), inserted ``, 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,'' after ``or investigation''.
    Subsec. (e)(5) to (8). Pub. L. 105-107, Sec. 402(a), added par. (5) 
and redesignated former pars. (5) to (7) as (6) to (8), respectively.
    1996--Subsec. (b)(5). Pub. L. 104-93, Sec. 403(a), amended par. (5) 
generally. Prior to amendment, par. (5) read as follows: ``In accordance 
with section 535 of title 28, the Director shall report to the Attorney 
General any information, allegation, or complaint received from the 
Inspector General, relating to violations of Federal criminal law 
involving any officer or employee 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 Inspector General.''
    Subsec. (e)(3)(A). Pub. L. 104-93, Sec. 403(b), inserted ``or the 
disclosure is made to an official of the Department of Justice 
responsible for determining whether a prosecution should be undertaken'' 
after ``investigation''.
    1994--Subsec. (b)(1). Pub. L. 103-359, Sec. 402(1), substituted 
``analysis, public administration, or auditing'' for ``analysis, or 
public administration''.
    Subsec. (c)(1). Pub. L. 103-359, Sec. 402(2), substituted ``to plan, 
conduct'' for ``to conduct''.
    Subsec. (d)(1). Pub. L. 103-359, Sec. 402(3), in introductory 
provisions, substituted ``January 31 and July 31'' for ``June 30 and 
December 31'' and ``periods ending December 31 (of the preceding year) 
and June 30, respectively'' for ``period'' and inserted ``of receipt of 
such reports'' after ``thirty days''.
    Subsec. (d)(3)(C). Pub. L. 103-359, Sec. 402(4), substituted 
``investigation, inspection, or audit,'' for ``investigation,''.
    Subsec. (d)(4). Pub. L. 103-359, Sec. 402(5), inserted ``or findings 
and recommendations'' after ``report''.
    Subsec. (e)(6). Pub. L. 103-359, Sec. 402(6), substituted ``the 
Inspector General shall'' for ``it is the sense of Congress that the 
Inspector General should''.
    1992--Subsec. (e)(3). Pub. L. 102-496, in introductory provisions, 
substituted ``any person'' for ``an employee of the Agency'' and 
inserted ``from an employee of the Agency'' after ``received''.
    1989--Pub. L. 101-193 amended section generally, substituting 
subsecs. (a) to (g) relating to establishment of the Office of Inspector 
General and appointment, duties, and authority of Inspector General for 
introductory par. and subsecs. (a) to (e) relating to various reports to 
be filed with the intelligence committees by Director of Central 
Intelligence concerning selection and activities of Inspector General.

                  Section Referred to in Other Sections

    This section is referred to in sections 403a, 403e, 403f of this 
title.
