§ 3517.
(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 on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigation. Such appointment shall also be made on the basis of compliance with the security standards of the Agency and prior experience in the field of foreign intelligence.
(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)
(A)
The Inspector General may be removed from office only by the President. The President shall communicate in writing to the intelligence committees the substantive rationale, including detailed and case-specific reasons, for any such removal not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be construed to prohibit a personnel action otherwise authorized by law, other than transfer or removal.
(B)
If there is an open or completed inquiry into the Inspector General that relates to the removal or transfer of the Inspector General under subparagraph (A), the written communication required under that subparagraph shall—
(i)
identify each entity that is conducting, or that conducted, the inquiry; and
(ii)
in the case of a completed inquiry, contain the findings made during the inquiry.
(7)
(A)
Subject to the other provisions of this paragraph, only the President may place the Inspector General on nonduty status.
(B)
If the President places the Inspector General on nonduty status, the President shall communicate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to the congressional intelligence committees not later than 15 days before the date on which the change in status takes effect, except that the President may submit that communication not later than the date on which the change in status takes effect if—
(i)
the President has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5; and
(ii)
in the communication, the President includes a report on the determination described in clause (i), which shall include—
(I)
a specification of which clause of
section 6329b(b)(2)(A) of title 5 the President has determined applies under clause (i);
(II)
the substantive rationale, including detailed and case-specific reasons, for the determination made under clause (i);
(III)
an identification of each entity that is conducting, or that conducted, any inquiry upon which the determination under clause (i) was made; and
(IV)
in the case of an inquiry described in subclause (III) that is completed, the findings made during that inquiry.
(C)
The President may not place the Inspector General on non-duty
1
So in original. Probably should be “nonduty”.
status during the 30-day period preceding the date on which the Inspector General is removed or transferred under paragraph (6)(A) unless the President—
(i)
has made a determination that the continued presence of the Inspector General in the workplace poses a threat described in any of clauses (i) through (iv) of
section 6329b(b)(2)(A) of title 5; and
(ii)
not later than the date on which the change in status takes effect, submits to the congressional intelligence committees a written communication that contains the information required under subparagraph (B), including the report required under clause (ii) of that subparagraph.
(8)
(A)
In this subsection, the term “first assistant to the position of Inspector General” has the meaning given in section 3 of the Inspector General Act of 1978 (
5 U.S.C. App.).
2
See References in Text note below.
(B)
If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position—
(ii)
subject to subparagraph (D), the first assistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of
section 3346 of title 5; and
(iii)
notwithstanding clause (ii), and subject to subparagraphs (D) and (E), the President (and only the President) may direct an officer or employee of any Office of an Inspector General to perform the functions and duties of the Inspector General temporarily in an acting capacity subject to the time limitations of
section 3346 of title 5, only if—
(I)
during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the Inspector General, the officer or employee served in a position in an Office of an Inspector General for not less than 90 days, except that—
(aa)
the requirement under this subclause shall not apply if the officer is an Inspector General; and
(bb)
for the purposes of this clause, performing the functions and duties of an Inspector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector General;
(II)
the rate of pay for the position of the officer or employee described in subclause (I) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule;
(III)
the officer or employee has demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations; and
(IV)
not later than 30 days before the date on which the direction takes effect, the President communicates in writing to the congressional intelligence committees the substantive rationale, including the detailed and case-specific reasons, for such direction, including the reason for the direction that someone other than the individual who is performing the functions and duties of the Inspector General temporarily in an acting capacity (as of the date on which the President issues that direction) perform those functions and duties temporarily in an acting capacity.
(C)
Notwithstanding
section 3345(a) of title 5 and clauses (ii) and (iii) of subparagraph (B), and subject to subparagraph (D), during any period in which the Inspector General is on nonduty status—
(i)
the first assistant to the position of Inspector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limitations of
section 3346 of title 5; and
(ii)
if the first assistant described in clause (i) dies, resigns, or becomes otherwise unable to perform those functions and duties, the President (and only the President) may direct an officer or employee in the Office of Inspector General to perform those functions and duties temporarily in an acting capacity, subject to the time limitations of
section 3346 of title 5, if—
(I)
that direction satisfies the requirements under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and
(II)
that officer or employee served in a position in that Office of Inspector General for not fewer than 90 of the 365 days preceding the date on which the President makes that direction.
(D)
An individual may perform the functions and duties of the Inspector General temporarily and in an acting capacity under clause (ii) or (iii) of subparagraph (B), or under subparagraph (C), with respect to only 1 Inspector General position at any given time.
(E)
If the President makes a direction under subparagraph (B)(iii), during the 30-day period preceding the date on which the direction of the President takes effect, the functions and duties of the position of the Inspector General shall be performed by—
(i)
the first assistant to the position of Inspector General; or
(ii)
the individual performing those functions and duties temporarily in an acting capacity, as of the date on which the President issues that direction, if that individual is an individual other than the first assistant to the position of Inspector General.
(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 or providing such information 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, 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 in any medium (including electronically stored information or any tangible thing) 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)
(A)
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.
(B)
Consistent with budgetary and personnel resources allocated by the Director, the Inspector General has final approval of—
(i)
the selection of internal and external candidates for employment with the Office of Inspector General; and
(ii)
all other personnel decisions concerning personnel permanently assigned to the Office of Inspector General, including selection and appointment to the Senior Intelligence Service, but excluding all security-based determinations that are not within the authority of a head of other Central Intelligence Agency offices.
(C)
(i)
The Inspector General may designate an officer or employee appointed in accordance with subparagraph (A) as a law enforcement officer solely for purposes of subchapter III of chapter 83 or chapter 84 of title 5 if such officer or employee is appointed to a position with responsibility for investigating suspected offenses against the criminal laws of the United States.
(ii)
In carrying out clause (i), the Inspector General shall ensure that any authority under such clause is exercised in a manner consistent with
section 3307 of title 5 as it relates to law enforcement officers.
(iii)
For purposes of applying sections 3307(d), 8335(b), and 8425(b) of title 5, the Inspector General may exercise the functions, powers, and duties of an agency head or appointing authority with respect to the Office.
(8)
(A)
The Inspector General shall—
(i)
appoint a Counsel to the Inspector General who shall report to the Inspector General; or
(ii)
obtain the services of a counsel appointed by and directly reporting to another Inspector General or the Council of the Inspectors General on Integrity and Efficiency on a reimbursable basis.
(B)
The counsel appointed or obtained under subparagraph (A) shall perform such functions as the Inspector General may prescribe.
(9)
(A)
The Inspector General may request such information or assistance as may be necessary for carrying out the duties and responsibilities of the Inspector General provided by this section from any Federal, State, or local governmental agency or unit thereof.
(B)
Upon request of the Inspector General for information or assistance from a department or agency of the Federal Government, the head of the department or agency involved, insofar as practicable and not in contravention of any existing statutory restriction or regulation of such department or agency, shall furnish to the Inspector General, or to an authorized designee, such information or assistance.
(C)
Nothing in this paragraph may be construed to provide any new authority to the Central Intelligence Agency to conduct intelligence activity in the United States.
(D)
In this paragraph, the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, and any territory or possession of the United States.
([June 20, 1949, ch. 227, § 17], as added [Pub. L. 100–453, title V, § 504], Sept. 29, 1988, [102 Stat. 1910]; amended [Pub. L. 101–193, title VIII, § 801], Nov. 30, 1989, [103 Stat. 1711]; [Pub. L. 102–496, title VI, § 601], Oct. 24, 1992, [106 Stat. 3187]; [Pub. L. 103–359, title IV, § 402], Oct. 14, 1994, [108 Stat. 3427]; [Pub. L. 104–93, title IV, § 403], Jan. 6, 1996, [109 Stat. 969]; [Pub. L. 105–107, title IV, § 402], Nov. 20, 1997, [111 Stat. 2257]; [Pub. L. 105–272, title VII, § 702(a)], Oct. 20, 1998, [112 Stat. 2414]; [Pub. L. 106–567, title IV], §§ 402, 403, Dec. 27, 2000, [114 Stat. 2847], 2848; [Pub. L. 107–108, title III, § 309(a)], Dec. 28, 2001, [115 Stat. 1399]; [Pub. L. 107–306, title VIII, § 811(b)(2)], Nov. 27, 2002, [116 Stat. 2422]; [Pub. L. 108–458, title I], §§ 1071(b)(1)(B), (2)(C), 1074(b)(2), Dec. 17, 2004, [118 Stat. 3690], 3694; [Pub. L. 111–259, title IV], §§ 425(a)–(f)(1), 426, title VIII, § 802(2), Oct. 7, 2010, [124 Stat. 2728–2730], 2746; [Pub. L. 112–87, title IV, § 413], Jan. 3, 2012, [125 Stat. 1891]; [Pub. L. 112–277, title III, § 309(b)(1)], Jan. 14, 2013, [126 Stat. 2474]; [Pub. L. 113–126, title VI, § 603(b)], July 7, 2014, [128 Stat. 1420]; [Pub. L. 114–113, div. M, title IV, § 411], Dec. 18, 2015, [129 Stat. 2922]; [Pub. L. 115–31, div. N, title IV, § 412(a)], May 5, 2017, [131 Stat. 821]; [Pub. L. 117–103, div. X, title V, § 502(c)], Mar. 15, 2022, [136 Stat. 986]; [Pub. L. 117–263, div. E, title LII], §§ 5202(a)(4), 5203(c), div. F, title LXVI, § 6609(c), Dec. 23, 2022, [136 Stat. 3226], 3231, 3560; [Pub. L. 118–31, div. G, title IX, § 7901(g)(4)], Dec. 22, 2023, [137 Stat. 1107].)