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22 U.S.C. § 3929 — Inspector General

Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929 — Inspector General

**(a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office** (1) There shall be an Inspector General of the Department of State and the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of foreign affairs. The Inspector General shall report to and be under the general supervision of the Secretary of State. Neither the Secretary of State nor any other officer of the Department shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. The Inspector General shall periodically (at least every 5 years) inspect and audit the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State, and shall perform such other functions as the Secretary of State may prescribe, except that the Secretary of State shall not assign to the Inspector General any general program operating responsibilities. (2) The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. **(b) Subject matter of inspections, investigations, and audits** Inspections, investigations, and audits

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Source file: Laws/federal/codes/united-states-code/title-22/section-3929-inspector-general--c8c7d917ca.md
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Source location: Title 22, Chapter 52, § 3929; chapter-052-foreign-service.md

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**(a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; inspections, audits, and other functions; removal from office** (1) There shall be an Inspector General of the Department of State and the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, without regard to political affiliation from among individuals exceptionally qualified for the position by virtue of their integrity and their demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of foreign affairs. The Inspector General shall report to and be under the general supervision of the Secretary of State. Neither the Secretary of State nor any other officer of the Department shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpena during the course of any audit or investigation. The Inspector General shall periodically (at least every 5 years) inspect and audit the administration of activities and operations of each Foreign Service post and each bureau and other operating unit of the Department of State, and shall perform such other functions as the Secretary of State may prescribe, except that the Secretary of State shall not assign to the Inspector General any general program operating responsibilities. (2) The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress. **(b) Subject matter of inspections, investigations, and audits** Inspections, investigations, and audits conducted by or under the direction of the Inspector General shall include the systematic review and evaluation of the administration of activities and operations of Foreign Service posts and bureaus and other operating units of the Department of State, including an examination of— (1) whether financial transactions and accounts are properly conducted, maintained, and reported; (2) whether resources are being used and managed with the maximum degree of efficiency, effectiveness, and economy; (3) whether the administration of activities and operations meets the requirements of applicable laws and regulations and, specifically, whether such administration is consistent with the requirements of [section 3905 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3905&num=0&edition=prelim); (4) whether there exist instances of fraud or other serious problems, abuses, or deficiencies, and whether adequate steps for detection, correction, and prevention have been taken; and (5) whether policy goals and objectives are being effectively achieved and whether the interests of the United States are being accurately and effectively represented. **(c) Policies and procedures governing inspection and audit activities; coordination and cooperation with Comptroller General; report to Attorney General on criminal law violations; provision of information to employees; conduct of investigations** (1) The Inspector General shall develop and implement policies and procedures for the inspection and audit activities carried out under this section. These policies and procedures shall be consistent with the general policies and guidelines of the Government for inspection and audit activities and shall comply with the standards established by the Comptroller General of the United States for audits of Government agencies, organizations, programs, activities, and functions. (2) In carrying out the duties and responsibilities established under this section, the Inspector General shall give particular regard to the activities of the Comptroller General of the United States with a view toward insuring effective coordination and cooperation. (3) In carrying out the duties and responsibilities established under this section, the Inspector General shall report expeditiously to the Attorney General whenever the Inspector General has reasonable grounds to believe there has been a violation of Federal criminal law. (4) The Inspector General shall develop and provide to employees— (A) information detailing their rights to counsel; and (B) guidelines describing in general terms the policies and procedures of the Office of Inspector General with respect to individuals under investigation other than matters exempt from disclosure under other provisions of law. (5) **Investigations.—** (A) *Conduct of investigations.—* — In conducting investigations of potential violations of Federal criminal law or Federal regulations, the Inspector General shall— (i) abide by professional standards applicable to Federal law enforcement agencies; and (ii) make every reasonable effort to permit each subject of an investigation an opportunity to provide exculpatory information. (B) *Final reports of investigations.—* — In order to ensure that final reports of investigations are thorough and accurate, the Inspector General shall— (i) make every reasonable effort to ensure that any person named in a final report of investigation has been afforded an opportunity to refute any allegation of wrongdoing or assertion with respect to a material fact made regarding that person’s actions; (ii) include in every final report of investigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the investigation. (6) **Required reporting of allegations and investigations and inspector general authority.—** (A) *In general.—* — The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a “Department entity”) shall submit to the Inspector General a report of any allegation of— (i) waste, fraud, or abuse in a Department program or operation; (ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher; (iii) criminal misconduct on the part of a Department employee; and (iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law enforcement authority. (B) *Deadline.—* — The head of a Department entity shall submit to the Inspector General a report of an allegation described in subparagraph (A) not later than 5 business days after the date on which the head of such Department entity is made aware of such allegation. **(d) Reports by Inspector General and Secretary of State** (1) The Inspector General shall keep the Secretary of State fully and currently informed, by means of the reports required by paragraphs (2) and (3) and otherwise, concerning fraud and other serious problems, abuses, and deficiencies relating to the administration of activities and operations administered or financed by the Department of State. (2) The Inspector General shall, not later than April 30 of each year, prepare and furnish to the Secretary of State an annual report summarizing the activities of the Inspector General. Such report shall include— (A) a description of significant problems, abuses, and deficiencies relating to the administration of activities and operations of Foreign Service posts, and bureaus and other operating units of the Department of State, which were disclosed by the Inspector General within the reporting period; (B) a description of the recommendations for corrective action made by the Inspector General during the reporting period with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A); (C) an identification of each significant recommendation described in previous annual reports on which corrective action has not been completed; (D) a summary of matters referred to prosecutive authorities and the prosecutions and convictions which have resulted; (E) a listing of each audit report completed by the Inspector General during the reporting period; and (F) a notification, which may be included, if necessary, in the classified portion of the report, of any instance in a case that was closed during the period covered by the report when the Inspector General decided not to afford an individual the opportunity described in subsection (c)(5)(B)(i) to refute any allegation and the rationale for denying such individual that opportunity. The Secretary of State shall transmit a copy of such annual report within 30 days after receiving it to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees, together with a report of the Secretary of State containing any comments which the Secretary of State deems appropriate. Within 60 days after transmitting such reports to those committees, the Secretary of State shall make copies of them available to the public upon request and at a reasonable cost. (3) The Inspector General shall report immediately to the Secretary of State whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or deficiencies relating to the administration of activities and operations of Foreign Service posts or bureaus or other operating units of the Department of State. The Secretary of State shall transmit any such report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives and to other appropriate committees within 7 days after receiving it, together with a report by the Secretary of State containing any comments the Secretary of State deems appropriate. (4) Nothing in this subsection shall be construed to authorize the public disclosure by any individual of any information which is— (A) specifically prohibited from disclosure by any other provision of law; or (B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. **(e) Applicability of powers and responsibilities under other statutory provisions; assignment of Service employees to Inspector General; participation in formal interviews** (1) The Inspector General shall have the same authority in carrying out the provisions of this section as is granted under [section 406 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section406&num=0&edition=prelim) to each Inspector General of an establishment (as defined in [section 401 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section401&num=0&edition=prelim)) for carrying out the provisions of chapter 4 of title 5, and the responsibilities of other officers of the Government to the Inspector General shall be the same as the responsibilities of the head of an agency or establishment under section 406(c) and (d) of title 5. (2) At the request of the Inspector General, employees of the Department and members of the Service may be assigned as employees of the Inspector General. The individuals so assigned and individuals appointed pursuant to paragraph (1) shall be responsible solely to the Inspector General, and the Inspector General or his or her designee shall prepare the performance evaluation reports for such individuals. (3) The Inspector General shall ensure that only officials from the Office of the Inspector General may participate in formal interviews or other formal meetings with the individual who is the subject of an investigation, other than an intelligence-related or sensitive undercover investigation, or except in those situations when the Inspector General has a reasonable basis to believe that such notice would cause tampering with witnesses, destroying evidence, or endangering the lives of individuals, unless that individual receives prior adequate notice regarding participation by officials of any other agency, including the Department of Justice, in such interviews or meetings. **(f) Reception and investigation of complaints or information; disclosure of identity of informer** (1) The Inspector General may receive and investigate complaints or information from a member of the Service or employee of the Department concerning the possible existence of an activity constituting a violation of laws or regulations, constituting mismanagement, gross waste of funds, or abuse of authority, or constituting a substantial and specific danger to public health or safety. (2) The Inspector General shall not, after receipt of a complaint or information from a member of the Service or employee of the Department, disclose the identity of such individual without the consent of such individual, unless the Inspector General determines such disclosure is unavoidable during the course of the investigation. **(g) Review of activities and operations of chiefs of mission** Under the general supervision of the Secretary of State, the Inspector General may review activities and operations performed under the direction, coordination, and supervision of chiefs of mission for the purpose of ascertaining their consonance with the foreign policy of the United States and their consistency with the responsibilities of the Secretary of State and the chief of mission.

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Federal law — U.S. Code and appendices · legal_authorities

31 U.S.C. § 1113 — Congressional information

**(a)** (1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information. (2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee. **(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall— (1) provide information on the location and kind of available fiscal, budget, and program information; (2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and (3) provide a program evaluation carried out or commissioned by an executive agency. **(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall— (1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system; (2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and (3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 406 — Authority of Inspector General

**(a) In General.—** In addition to the authority otherwise provided by this chapter, each Inspector General, in carrying out the provisions of this chapter, is authorized— (1) (A) to have timely access to all records, reports, audits, reviews, documents, papers, recommendations, or other materials available to the applicable establishment which relate to the programs and operations with respect to which that Inspector General has responsibilities under this chapter; (B) to have access under subparagraph (A) notwithstanding any other provision of law, except pursuant to any provision of law enacted by Congress that expressly— (i) refers to the Inspector General; and (ii) limits the right of access of the Inspector General; and (C) except as provided in subsection (i), with regard to Federal grand jury materials protected from disclosure pursuant to rule 6(e) of the Federal Rules of Criminal Procedure, to have timely access to such information if the Attorney General grants the request in accordance with subsection (h); (2) to make such investigations and reports relating to the administration of the programs and operations of the applicable establishment as are, in the judgment of the Inspector General, necessary or desirable; (3) to request such information or assistance as may be necessary for carrying out the duties and responsibilities provided by this chapter from any Federal, State, or local governmental agency or unit thereof; (4) 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 functions assigned by this chapter

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 406

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3905 — Personnel actions

**(a) Merit principles; “personnel action” defined** (1) All personnel actions with respect to career members and career candidates in the Service (including applicants for career candidate appointments) shall be made in accordance with merit principles. (2) For purposes of paragraph (1), the term “personnel action” means— (A) any appointment, promotion, assignment (including assignment to any position or salary class), award of performance pay or special differential, within-class salary increase, separation, or performance evaluation, and (B) any decision, recommendation, examination, or ranking provided for under this chapter which relates to any action referred to in subparagraph (A). **(b) Rules and regulations; discrimination; reprisals for disclosure of information; submission of reports, evaluations, or recommendations; freedom from prohibited personnel practices** The Secretary shall administer the provisions of this chapter and shall prescribe such regulations as may be necessary to ensure that members of the Service, as well as applicants for appointments in the Service— (1) are free from discrimination on the basis of race, color, religion, sex, national origin, age, disability, marital status, geographic or educational affiliation within the United States, or political affiliation, as prohibited under [section 2302(b)(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/b/1&num=0&edition=prelim); (2) are free from reprisal for— (A) a disclosure of information by a member or applicant which the member or applicant reasonably believes evidences— (i) a violation of any law, rule, or regulation, or (ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific da

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3905

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552a — Records maintained on individuals

**(a) Definitions.—** For purposes of this section— (1) the term “agency” means agency as defined in section 552(e) 11 See References in Text note below. of this title; (2) the term “individual” means a citizen of the United States or an alien lawfully admitted for permanent residence; (3) the term “maintain” includes maintain, collect, use, or disseminate; (4) the term “record” means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph; (5) the term “system of records” means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual; (6) the term “statistical record” means a record in a system of records maintained for statistical research or reporting purposes only and not used in whole or in part in making any determination about an identifiable individual, except as provided by [section 8 of title 13](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title13-section8&num=0&edition=prelim); (7) the term “routine use” means, with respect to the disclosure of a record, the use of such record for a purpose which is compatible with the purpose for which it was collected; (8) the term “matching program”— (A) means any computerized comparison of— (i) two or more automated systems of records or a system of records with non-Federal records for the purpose

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 552a

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 401 — Definitions

In this chapter: (1) **Establishment.—** — The term “establishment” means the Department of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Development, the Interior, Justice, Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the Agency for International Development, the Community Development Financial Institutions Fund, the Environmental Protection Agency, the Federal Communications Commission, the Federal Emergency Management Agency, the General Services Administration, the National Aeronautics and Space Administration, the Nuclear Regulatory Commission, the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit Insurance Corporation, the Small Business Administration, the Corporation for National and Community Service, the Social Security Administration, the Federal Housing Finance Agency, the Tennessee Valley Authority, the Export-Import Bank of the United States, the Commissions established under [section 15301 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section15301&num=0&edition=prelim), the National Security Agency, or the National Reconnaissance Office, as the case may be. (2) **Federal agency.—** — The term “Federal agency” means an agency as defined in [section 552(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/f&num=0&edition=prelim) (including an establishment as defined in paragraph (1)), but shall not be construed to include the Government Accountability Office. (3) **Head of the establishment.—** — The term “head of the establishment” means the Secretary of Agriculture, Commerce, Defense, Education, Energy, Health and Human Services, Housing and Urban Devel

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 401

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2384 — Statutory officers

**(a) Appointment** The President may appoint, by and with the advice and consent of the Senate, twelve officers in the agency primarily responsible for administering subchapter I of this chapter, and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers. **(b) Rate of compensation; title of officers; order of succession** Within the limitations established by subsection (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in subsection (a) of this section in the event of the absence, death, resignation, or disability of one or more of said officers. **(c) Appointment of certain statutory officers to comparable positions** Any person who was appointed by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642(a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of [section 2381 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2381&num=0&edition=prelim), may be appointed by the President to a comparable position authorized by subsection (a) of this section on the date of the establishment of the agency primarily responsible for administering subchapter I of this chapter, without further action by the Senate. **(d) Repealed. Pub. L. 95–88, title I, § 124(a)(1), Aug. 3, 1977, 91 Stat. 541** **(e) Coordinator for security assistance** In addition to the officers otherwise provided for in this section, the President sha

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2384

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 3929a — Abolishment of Inspector General of Department of State and Foreign Service

Notwithstanding [section 3929 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3929&num=0&edition=prelim), the Inspector General of the Department of State and the Foreign Service is hereby abolished.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3929a

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4102 — Definitions

As used in this subchapter, the term— (1) “Authority” means the Federal Labor Relations Authority, described in [section 7104(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7104/a&num=0&edition=prelim); (2) “Board” means the Foreign Service Labor Relations Board, established by [section 4106(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4106/a&num=0&edition=prelim); (3) “collective bargaining” means the performance of the mutual obligation of the management representative of the Department and of the exclusive representative of employees to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting employees, and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but this obligation does not compel either party to agree to a proposal or to make a concession; (4) “collective bargaining agreement” means an agreement entered into as a result of collective bargaining under the provisions of this subchapter; (5) “conditions of employment” means personnel policies, practices, and matters, whether established by regulation or otherwise, affecting working conditions, but does not include policies, practices, and matters— (A) relating to political activities prohibited abroad or prohibited under subchapter III of chapter 73 of title 5; (B) relating to the designation or classification of any position under [section 3981 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3981&num=0&edition=prelim); (C) to the extent such matters are specifically provided for by Federal statute; or

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4102

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 4861 — Inspector General for Department of State

**(a) Direction to establish** The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office. **(b) Duties and responsibilities** The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in [section 3929 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3929&num=0&edition=prelim) and in chapter 4 of title 5. **(c) Earmark** Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading “Administration of Foreign Affairs”, not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State. **(d) Limitation on appointment** No career member of the Foreign Service, as defined by [section 3903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3903&num=0&edition=prelim), may be appointed Inspector General of the Department of State.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 6209a — Inspector General authorities

**(a) In general** The Inspector General of the Department of State and the Foreign Service shall exercise the same authorities with respect to the United States Agency for Global Media as the Inspector General exercises under the Inspector General Act of 1978 and [section 3929 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3929&num=0&edition=prelim) with respect to the Department of State. **(b) Respect for journalistic integrity of broadcasters** The Inspector General of the Department of State and the Foreign Service shall respect the journalistic integrity of all the broadcasters covered by this chapter and may not evaluate the philosophical or political perspectives reflected in the content of broadcasts.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6209a

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