§ 3033.
(b)
Purpose
The purpose of the Office of the Inspector General of the Intelligence Community is—
(1)
to create an objective and effective office, appropriately accountable to Congress, to initiate and conduct independent investigations, inspections, audits, and reviews on programs and activities within the responsibility and authority of the Director of National Intelligence;
(2)
to provide leadership and coordination and recommend policies for activities designed—
(A)
to promote economy, efficiency, and effectiveness in the administration and implementation of such programs and activities; and
(B)
to prevent and detect fraud and abuse in such programs and activities;
(3)
to provide a means for keeping the Director of National Intelligence fully and currently informed about—
(A)
problems and deficiencies relating to the administration of programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B)
the necessity for, and the progress of, corrective actions; and
(4)
in the manner prescribed by this section, to ensure that the congressional intelligence committees are kept similarly informed of—
(A)
significant problems and deficiencies relating to programs and activities within the responsibility and authority of the Director of National Intelligence; and
(B)
the necessity for, and the progress of, corrective actions.
(d)
Assistant Inspectors General
Subject to the policies of the Director of National Intelligence, the Inspector General of the Intelligence Community shall—
(1)
appoint an Assistant Inspector General for Audit who shall have the responsibility for supervising the performance of auditing activities relating to programs and activities within the responsibility and authority of the Director;
(2)
appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and activities; and
(3)
appoint other Assistant Inspectors General that, in the judgment of the Inspector General, are necessary to carry out the duties of the Inspector General.
(e)
Duties and responsibilities
It shall be the duty and responsibility of the Inspector General of the Intelligence Community—
(1)
to provide policy direction for, and to plan, conduct, supervise, and coordinate independently, the investigations, inspections, audits, and reviews relating to programs and activities within the responsibility and authority of the Director of National Intelligence;
(2)
to keep the Director of National Intelligence fully and currently informed concerning violations of law and regulations, fraud, and other serious problems, abuses, and deficiencies relating to the programs and activities within the responsibility and authority of the Director, to recommend corrective action concerning such problems, and to report on the progress made in implementing such corrective action;
(3)
to take due regard for the protection of intelligence sources and methods in the preparation of all reports issued by the Inspector General, 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 the duties and responsibilities under this section, to comply with generally accepted government auditing.
(f)
Limitations on activities
(1)
The Director of National Intelligence may prohibit the Inspector General of the Intelligence Community from initiating, carrying out, or completing any investigation, inspection, audit, or review if the Director determines that such prohibition is necessary to protect vital national security interests of the United States.
(2)
Not later than seven days after the date on which the Director exercises the authority under paragraph (1), the Director shall submit to the congressional intelligence committees an appropriately classified statement of the reasons for the exercise of such authority.
(3)
The Director shall advise the Inspector General at the time a statement under paragraph (2) is submitted, and, to the extent consistent with the protection of intelligence sources and methods, provide the Inspector General with a copy of such statement.
(4)
The Inspector General may submit to the congressional intelligence committees any comments on the statement of which the Inspector General has notice under paragraph (3) that the Inspector General considers appropriate.
(g)
Authorities
(1)
The Inspector General of the Intelligence Community shall have direct and prompt access to the Director of National Intelligence when necessary for any purpose pertaining to the performance of the duties of the Inspector General.
(2)
(A)
The Inspector General shall, subject to the limitations in subsection (f), make such investigations and reports relating to the administration of the programs and activities within the authorities and responsibilities of the Director as are, in the judgment of the Inspector General, necessary or desirable.
(B)
The Inspector General shall have access to any employee, or any employee of a contractor, of any element of the intelligence community needed for the performance of the duties of the Inspector General.
(C)
The Inspector General shall have direct access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials that relate to the programs and activities with respect to which the Inspector General has responsibilities under this section.
(D)
The level of classification or compartmentation of information shall not, in and of itself, provide a sufficient rationale for denying the Inspector General access to any materials under subparagraph (C).
(E)
The Director, or on the recommendation of the Director, another appropriate official of the intelligence community, shall take appropriate administrative actions against an employee, or an employee of a contractor, of an element of the intelligence community that fails to cooperate with the Inspector General. Such administrative action may include loss of employment or the termination of an existing contractual relationship.
(3)
(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 this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of
section 552 of title 5 (commonly known as the “Freedom of Information Act”); and
(B)
no action constituting a reprisal, or threat of reprisal, for making such complaint or disclosing such information to the Inspector General may be taken by any employee 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 the authority to administer to or take from any person an oath, affirmation, or affidavit, whenever necessary in the performance of the duties of the Inspector General, which oath, affirmation, or affidavit when administered or taken by or before an employee of the Office of the Inspector General of the Intelligence Community 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, as well as any tangible thing) and documentary evidence necessary in the performance of the duties and responsibilities of the Inspector General.
(B)
In the case of departments, agencies, and other elements of the United States Government, 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 component of the Office of the Director of National Intelligence or any element of the intelligence community, including the Office of the Director of National Intelligence.
(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 may obtain services as authorized by
section 3109 of title 5 at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for grade GS–15 of the General Schedule under
section 5332 of title 5.
(7)
The Inspector General may, to the extent and in such amounts as may be provided in appropriations, enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and to make such payments as may be necessary to carry out the provisions of this section.
(h)
Coordination among Inspectors General
(1)
(A)
In the event of a matter within the jurisdiction of the Inspector General of the Intelligence Community that may be subject to an investigation, inspection, audit, or review by both the Inspector General of the Intelligence Community and an inspector general with oversight responsibility for an element of the intelligence community, the Inspector General of the Intelligence Community and such other inspector general shall expeditiously resolve the question of which inspector general shall conduct such investigation, inspection, audit, or review to avoid unnecessary duplication of the activities of the inspectors general.
(B)
In attempting to resolve a question under subparagraph (A), the inspectors general concerned may request the assistance of the Intelligence Community Inspectors General Forum established under paragraph (2). In the event of a dispute between an inspector general within a department or agency of the United States Government and the Inspector General of the Intelligence Community that has not been resolved with the assistance of such Forum, the inspectors general shall submit the question to the Director of National Intelligence and the head of the affected department or agency for resolution.
(2)
(A)
There is established the Intelligence Community Inspectors General Forum, which shall consist of all statutory or administrative inspectors general with oversight responsibility for an element of the intelligence community.
(B)
The Inspector General of the Intelligence Community shall serve as the Chair of the Forum established under subparagraph (A). The Forum shall have no administrative authority over any inspector general, but shall serve as a mechanism for informing its members of the work of individual members of the Forum that may be of common interest and discussing questions about jurisdiction or access to employees, employees of contract personnel, records, audits, reviews, documents, recommendations, or other materials that may involve or be of assistance to more than one of its members.
(3)
The inspector general conducting an investigation, inspection, audit, or review covered by paragraph (1) shall submit the results of such investigation, inspection, audit, or review to any other inspector general, including the Inspector General of the Intelligence Community, with jurisdiction to conduct such investigation, inspection, audit, or review who did not conduct such investigation, inspection, audit, or review.
([July 26, 1947, ch. 343], title I, § 103H, as added [Pub. L. 111–259, title IV, § 405(a)(1)], Oct. 7, 2010, [124 Stat. 2709]; amended [Pub. L. 112–87, title IV, § 403], Jan. 3, 2012, [125 Stat. 1888]; [Pub. L. 112–277, title III, § 309(a)], Jan. 14, 2013, [126 Stat. 2474]; [Pub. L. 113–126, title III, § 304], title VI, § 603(c), July 7, 2014, [128 Stat. 1395], 1421; [Pub. L. 114–113, div. M, title III, § 303], Dec. 18, 2015, [129 Stat. 2913]; [Pub. L. 116–92, div. E, title LXVI, § 6605(c)], Dec. 20, 2019, [133 Stat. 2215]; [Pub. L. 117–103, div. X, title V, § 502(a)], Mar. 15, 2022, [136 Stat. 985]; [Pub. L. 117–263, div. E, title LII], §§ 5202(a)(3), 5203(b), div. F, title LXVI, § 6609(a), Dec. 23, 2022, [136 Stat. 3225], 3229, 3559; [Pub. L. 117–286, § 4(b)(99)], Dec. 27, 2022, [136 Stat. 4353].)