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50 U.S.C. § 3517 — Inspector General for Agency

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50 U.S.C. § 3517 — Inspector General for Agency

Page 895 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 Editorial Notes CODIFICATION Section was formerly classified to section 403p of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (b)(2). Pub. L. 108–458, § 1071(b)(3)(B), substituted ‘‘Director of the Central Intelligence Agen- cy’’ for ‘‘Director of Central Intelligence’’ in introduc- tory provisions. Subsec. (b)(3). Pub. L. 108–458, § 1071(b)(3)(C), sub- stituted ‘‘Director of the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence’’ in two places. Subsec. (c)(1)(B). Pub. L. 108–458, § 1071(b)(2)(B), struck out ‘‘of Central Intelligence’’ after ‘‘Director’’. 1993—Subsec. (a). Pub. L. 103–178, § 203(c)(2)(A), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (c)(1)’’ in in- troductory provisions. Subsecs. (c), (d). Pub. L. 103–178, § 203(c)(1), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 103–178, § 203(c)(2)(B), inserted ‘‘or to subsection (d)’’ after ‘‘subsection (b)(1)’’ in par. (2). Pub. L. 103–178, § 203(c)(1)(A), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsecs. (f), (g). Pub. L. 103–178, § 203(c)(1)(A), redesig- nated subsecs. (d) and (e) as (f) and (g), respectively. 1991—Subsec. (c)(3). Pub. L. 102–88 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as oth

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Page 895 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 Editorial Notes CODIFICATION Section was formerly classified to section 403p of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2004—Subsec. (b)(2). Pub. L. 108–458, § 1071(b)(3)(B), substituted ‘‘Director of the Central Intelligence Agen- cy’’ for ‘‘Director of Central Intelligence’’ in introduc- tory provisions. Subsec. (b)(3). Pub. L. 108–458, § 1071(b)(3)(C), sub- stituted ‘‘Director of the Central Intelligence Agency’’ for ‘‘Director of Central Intelligence’’ in two places. Subsec. (c)(1)(B). Pub. L. 108–458, § 1071(b)(2)(B), struck out ‘‘of Central Intelligence’’ after ‘‘Director’’. 1993—Subsec. (a). Pub. L. 103–178, § 203(c)(2)(A), sub- stituted ‘‘subsection (e)’’ for ‘‘subsection (c)(1)’’ in in- troductory provisions. Subsecs. (c), (d). Pub. L. 103–178, § 203(c)(1), added sub- secs. (c) and (d). Former subsecs. (c) and (d) redesig- nated (e) and (f), respectively. Subsec. (e). Pub. L. 103–178, § 203(c)(2)(B), inserted ‘‘or to subsection (d)’’ after ‘‘subsection (b)(1)’’ in par. (2). Pub. L. 103–178, § 203(c)(1)(A), redesignated subsec. (c) as (e). Former subsec. (e) redesignated (g). Subsecs. (f), (g). Pub. L. 103–178, § 203(c)(1)(A), redesig- nated subsecs. (d) and (e) as (f) and (g), respectively. 1991—Subsec. (c)(3). Pub. L. 102–88 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by section 203(c) of Pub. L. 103–178 appli- cable to individuals on and after Oct. 1, 1994, with no benefits provided pursuant to section 203(c) payable with respect to any period before Oct. 1, 1994, except that subsec. (d) of this section applicable to individuals beginning Dec. 3, 1993, see section 203(e) of Pub. L. 103–178, set out as a Survivor Annuity, Retirement An- nuity, and Health Benefits for Certain Ex-Spouses of Central Intelligence Agency Employees; Effective Date note under section 2032 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–88, title III, § 307(d), Aug. 14, 1991, 105 Stat. 433, provided that: ‘‘The amendments made by this sec- tion [amending this section and provisions formerly set out as a note under section 403 of this title] shall take effect as of October 1, 1990. No benefits provided pursu- ant to the amendments made by this section shall be payable with respect to any period before such date.’’ EFFECTIVE DATE Pub. L. 99–569, title III, § 303(b), Oct. 27, 1986, 100 Stat. 3195, provided that: ‘‘The amendment made by this sec- tion [enacting this section] shall take effect on October 1, 1986.’’ COMPLIANCE WITH BUDGET ACT Pub. L. 102–88, title III, § 307(e), Aug. 14, 1991, 105 Stat. 433, provided that: ‘‘Any new spending authority (with- in the meaning of section 401(c) of the Congressional Budget Act of 1974 [2 U.S.C. 651(c)]) provided pursuant to the amendments made by this section [amending this section and provisions formerly set out as a note under section 403 of this title] shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts.’’ § 3517. Inspector General for Agency (a) Purpose; establishment In order to— (1) create an objective and effective office, appropriately accountable to Congress, to ini- tiate and conduct independently inspections, investigations, and audits relating to pro- grams and operations of the Agency; (2) provide leadership and recommend poli- cies 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 ne- cessity for and the progress of corrective ac- tions; 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 ‘‘intel- ligence committees’’) are kept similarly in- formed of significant problems and defi- ciencies as well as the necessity for and the progress of corrective actions, there is hereby established in the Agency an Of- fice of Inspector General (hereafter in this sec- tion 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 on the basis of integrity and demonstrated ability in accounting, auditing, financial anal- ysis, law, management analysis, public adminis- tration, 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 intel- ligence. (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 com- pleting any audit, inspection, or investigation, or from issuing any subpoena, after the Inspec- tor General has decided to initiate, carry out, or complete such audit, inspection, or investiga- tion 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 exer- cise of such power within seven days to the in- telligence committees. The Director shall advise the Inspector General at the time such report is Page 896 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 1 So in original. Probably should be ‘‘nonduty’’. 2 See References in Text note below. submitted, and, to the extent consistent with the protection of intelligence sources and meth- ods, provide the Inspector General with a copy of any such report. In such cases, the Inspector General may submit such comments to the in- telligence committees that he considers appro- priate. (5) In accordance with section 535 of title 28, the Inspector General shall report to the Attor- ney General any information, allegation, or complaint received by the Inspector General re- lating 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 effec- tive date of such removal. Nothing in this para- graph 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 re- moval 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, con- tain the findings made during the inquiry. (7)(A) Subject to the other provisions of this paragraph, only the President may place the In- spector General on nonduty status. (B) If the President places the Inspector Gen- eral on nonduty status, the President shall com- municate in writing the substantive rationale, including detailed and case-specific reasons, for the change in status to the congressional intel- ligence committees not later than 15 days before the date on which the change in status takes ef- fect, 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 de- scribed in any of clauses (i) through (iv) of sec- tion 6329b(b)(2)(A) of title 5; and (ii) in the communication, the President in- cludes a report on the determination described in clause (i), which shall include— (I) a specification of which clause of sec- tion 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 de- termination made under clause (i); (III) an identification of each entity that is conducting, or that conducted, any in- quiry 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 find- ings made during that inquiry. (C) The President may not place the Inspector General on non-duty 1 status during the 30-day period preceding the date on which the Inspector General is removed or transferred under para- graph (6)(A) unless the President— (i) has made a determination that the con- tinued 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 writ- ten communication that contains the informa- tion required under subparagraph (B), includ- ing the report required under clause (ii) of that subparagraph. (8)(A) In this subsection, the term ‘‘first as- sistant 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 (B) If the Inspector General dies, resigns, or is otherwise unable to perform the functions and duties of the position— (i) section 3345(a) of title 5 shall not apply; (ii) subject to subparagraph (D), the first as- sistant to the position of Inspector General shall perform the functions and duties of the Inspector General temporarily in an acting ca- pacity subject to the time limitations of sec- tion 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 Gen- eral to perform the functions and duties of the Inspector General temporarily in an acting ca- pacity subject to the time limitations of sec- tion 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 sub- clause shall not apply if the officer is an Inspector General; and (bb) for the purposes of this clause, per- forming the functions and duties of an In- spector General temporarily in an acting capacity does not qualify as service in a position in an Office of an Inspector Gen- eral; (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 dem- onstrated ability in accounting, auditing, fi- nancial 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 Page 897 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 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 Presi- dent issues that direction) perform those functions and duties temporarily in an act- ing 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 In- spector General shall perform the functions and duties of the position temporarily in an acting capacity subject to the time limita- tions 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 Inspec- tor General to perform those functions and du- ties temporarily in an acting capacity, subject to the time limitations of section 3346 of title 5, if— (I) that direction satisfies the require- ments under subclauses (II), (III), and (IV) of subparagraph (B)(iii); and (II) that officer or employee served in a po- sition 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 po- sition 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 In- spector General; or (ii) the individual performing those func- tions and duties temporarily in an acting ca- pacity, 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. (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 inde- pendently, the inspections, investigations, and audits relating to the programs and operations of the Agency to ensure they are conducted ef- ficiently and in accordance with applicable law and regulations; (2) to keep the Director fully and currently informed concerning violations of law and reg- ulations, 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 ac- tion; (3) to take due regard for the protection of intelligence sources and methods in the prepa- ration 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 disclo- sure of intelligence sources and methods de- scribed 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 se- rious or flagrant problems; reports of func- tional problems; reports to Congress on ur- gent concerns (1) The Inspector General shall, not later than October 31 and April 30 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 pe- riods ending September 30 and March 31, respec- tively. Not later than 30 days after the date of the receipt of such reports, the Director shall transmit such reports to the intelligence com- mittees with any comments he may deem appro- priate. Such reports shall, at a minimum, in- clude a list of the title or subject of each inspec- tion, investigation, review, or audit conducted during the reporting period and— (A) a description of significant problems, abuses, and deficiencies relating to the admin- istration of programs and operations of the Agency identified by the Office during the re- porting period; (B) a description of the recommendations for corrective action made by the Office during the reporting period with respect to signifi- cant problems, abuses, or deficiencies identi- fied in subparagraph (A); (C) a statement of whether corrective action has been completed on each significant rec- ommendation described in previous semi- annual reports, and, in a case where corrective action has been completed, a description of such corrective action; (D) a certification that the Inspector Gen- eral has had full and direct access to all infor- mation relevant to the performance of his functions; (E) a description of the exercise of the sub- poena authority under subsection (e)(5) by the Inspector General during the reporting period; and (F) such recommendations as the Inspector General may wish to make concerning legisla- tion to promote economy and efficiency in the administration of programs and operations un- dertaken by the Agency, and to detect and eliminate fraud and abuse in such programs and operations. (2) The Inspector General shall report imme- diately to the Director whenever he becomes aware of particularly serious or flagrant prob- lems, abuses, or deficiencies relating to the ad- ministration of programs or operations. The Di- Page 898 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 rector shall transmit such report to the intel- ligence committees within seven calendar days, together with any comments he considers appro- priate. (3) In the event that— (A) the Inspector General is unable to re- solve any differences with the Director affect- ing 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 Presi- dent, by and with the advice and consent of the Senate, including such a position held on an acting basis; or (ii) holds or held the position in the Agen- cy, including such a position held on an act- ing basis, of— (I) Deputy Director; (II) Associate Deputy Director; (III) Director of the National Clandestine Service; (IV) Director of Intelligence; (V) Director of Support; or (VI) Director of Science and Technology. (C) a matter requires a report by the Inspec- tor 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 intel- ligence committees. (4) Pursuant to Title V of the National Secu- rity Act of 1947 [50 U.S.C. 3091 et seq.], the Direc- tor 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 ei- ther committee. (5)(A)(i) An employee of the Agency, or of a contractor to the Agency, who intends to report to Congress a complaint or information with re- spect to an urgent concern may report such complaint or information in writing to the In- spector General. (ii) The Inspector General shall— (I) provide reasonable support necessary to ensure that an employee can report a com- plaint or information under this subparagraph in writing; and (II) if such submission is not feasible, create a written record of the employee’s verbal com- plaint or information and treat such written record as a written submission. (B)(i) In accordance with clause (ii), the In- spector General shall determine whether a com- plaint or information reported under subpara- graph (A) appears credible. Upon making such a determination, the Inspector General shall transmit to the Director a notice of that deter- mination, together with the complaint or infor- mation. (ii) The Inspector General shall make the de- termination under clause (i) with respect to a complaint or information under subparagraph (A) by not later than the end of the 14-calendar- day period beginning on the date on which the employee who reported the complaint or infor- mation confirms to the Inspector General the intent of the employee to report to Congress that complaint or information. (iii) If the Director determines that a com- plaint or information transmitted under sub- paragraph (A) would create a conflict of interest for the Director, the Director shall return the complaint or information to the Inspector Gen- eral with that determination and the Inspector General shall make the transmission to the Di- rector of National Intelligence. In such a case, the requirements of this subsection for the Di- rector of the Central Intelligence Agency apply to the Director of National Intelligence. (C) Upon receipt of a transmittal from the In- spector General under subparagraph (B), the Di- rector shall, within 7 calendar days of such re- ceipt, forward such transmittal to the intel- ligence committees, together with any com- ments 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 informa- tion to the Director in accurate form under sub- paragraph (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 intel- ligence committees directly as described in clause (i) only if the employee— (I) before making such a contact, furnishes to the Director, through the Inspector Gen- eral, 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 prac- tices. (iii) A member or employee of one of the intel- ligence 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 em- ployee who reports a complaint or information to the Inspector General under this paragraph of each action taken under this paragraph with re- spect to the complaint or information. Such no- tice shall be provided not later than 3 days after any such action is taken. (F) An action taken by the Director or the In- spector General under this paragraph shall not be subject to judicial review. (G)(i) In this paragraph: Page 899 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 (I) The term ‘‘urgent concern’’ means any of the following: (aa) A serious or flagrant problem, abuse, violation of law or Executive order, or defi- ciency relating to the funding, administra- tion, or operations of an intelligence activ- ity of the Federal Government that is— (AA) a matter of national security; and (BB) not a difference of opinion con- cerning public policy matters. (bb) A false statement to Congress, or a willful withholding from Congress, on an issue of material fact relating to the fund- ing, administration, or operation of an intel- ligence activity. (cc) An action, including a personnel ac- tion described in section 2302(a)(2)(A) of title 5, constituting reprisal or threat of reprisal prohibited under subsection (e)(3)(B) in re- sponse 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. (III) The term ‘‘employee’’ includes a former employee or former contractor, if the com- plaint or information reported under subpara- graph (A) arises from or relates to the period during which the former employee or former contractor was an employee or contractor, as the case may be. (ii) Within the executive branch, the Inspector General shall have sole authority to determine whether any complaint or information reported to the Inspector General is a matter of urgent concern under this paragraph. (H) An individual who has submitted a com- plaint or information to the Inspector General under this section may notify any member of the Permanent Select Committee on Intel- ligence of the House of Representatives or the Select Committee on Intelligence of the Senate, or a staff member of either such Committee, of the fact that such individual has made a submis- sion to the Inspector General, and of the date on which such submission was made. (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 Inspec- tor General has responsibilities under this sec- tion. Failure on the part of any employee or contractor to cooperate with the Inspector Gen- eral shall be grounds for appropriate administra- tive actions by the Director, to include loss of employment or the termination of an existing contractual relationship. (3)(A) The Inspector General is authorized to receive and investigate complaints or informa- tion 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 substan- tial and specific danger to the public health and safety. Once such complaint or information has been received from an employee of the Agency— (i) the Inspector General shall not disclose the identity of the employee without the con- sent of the employee, unless the Inspector General determines that such disclosure is un- avoidable during the course of the investiga- tion or the disclosure is made to an official of the Department of Justice responsible for de- termining whether a prosecution should be un- dertaken; and (ii) 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. (B)(i) An individual may disclose classified in- formation to the Inspector General in accord- ance with the applicable security standards and procedures established under section 3024 or 3162a of this title, chapter 12 of the Atomic En- ergy Act of 1954 (42 U.S.C. 2161 et seq.), Execu- tive Order 13526 (50 U.S.C. 3161 note; relating to Classified National Security Information), or any applicable provision of law. (ii) A disclosure under clause (i) of classified information made by an individual without ap- propriate clearance or authority to access such classified information at the time of the disclo- sure, but that is otherwise made in accordance with applicable security standards and proce- dures, shall be treated as an authorized disclo- sure that does not violate a covered provision. (iii) Nothing in clause (ii) may be construed to limit or modify the obligation of an individual to appropriately store, handle, or disseminate classified information in accordance with appli- cable security guidance and procedures, includ- ing with respect to the removal or retention of classified information. (iv) In this subparagraph, the term ‘‘covered provision’’ means— (I) any otherwise applicable nondisclosure agreement; (II) any otherwise applicable regulation or order issued under the authority of chapter 18 of the Atomic Energy Act of 1954 (42 U.S.C. 2271 et seq.) or Executive Order 13526; (III) section 798 of title 18; or (IV) any other provision of law with respect to the unauthorized disclosure of national se- curity information. (4) The Inspector General shall have authority to administer to or take from any person an oath, affirmation, or affidavit, whenever nec- essary in the performance of his duties, which oath, affirmation, or affidavit when adminis- tered 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 Page 900 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 subpoena the production of all information, doc- uments, reports, answers, records, accounts, pa- pers, and other data in any medium (including electronically stored information or any tan- gible thing) and documentary evidence nec- essary in the performance of the duties and re- sponsibilities of the Inspector General. (B) In the case of Government agencies, the Inspector General shall obtain information, doc- uments, reports, answers, records, accounts, pa- pers, and other data and evidence for the pur- pose specified in subparagraph (A) using proce- dures other than by subpoenas. (C) The Inspector General may not issue a sub- poena 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 poli- cies of the Director, the Inspector General shall select, appoint and employ such officers and em- ployees as may be necessary to carry out his functions. In making such selections, the In- spector 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 effec- tive performance of his duties. (B) Consistent with budgetary and personnel resources allocated by the Director, the Inspec- tor General has final approval of— (i) the selection of internal and external can- didates for employment with the Office of In- spector 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 Serv- ice, but excluding all security-based deter- minations that are not within the authority of a head of other Central Intelligence Agency of- fices. (C)(i) The Inspector General may designate an officer or employee appointed in accordance with subparagraph (A) as a law enforcement offi- cer solely for purposes of subchapter III of chap- ter 83 or chapter 84 of title 5 if such officer or employee is appointed to a position with respon- sibility 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 Gen- eral may exercise the functions, powers, and du- ties 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 Gen- eral who shall report to the Inspector General; or (ii) obtain the services of a counsel ap- pointed by and directly reporting to another Inspector General or the Council of the Inspec- tors 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 ex- isting statutory restriction or regulation of such department or agency, shall furnish to the In- spector General, or to an authorized designee, such information or assistance. (C) Nothing in this paragraph may be con- strued to provide any new authority to the Cen- tral 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 Co- lumbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Is- lands, and any territory or possession of the United States. (f) Separate budget account (1) Beginning with fiscal year 1991, and in ac- cordance with procedures to be issued by the Di- rector of National Intelligence in consultation with the intelligence committees, the Director of National Intelligence shall include in the Na- tional Intelligence Program budget a separate account for the Office of Inspector General es- tablished pursuant to this section. (2) For each fiscal year, the Inspector General shall transmit a budget estimate and request through the Director to the Director of National Intelligence that specifies for such fiscal year— (A) the aggregate amount requested for the operations of the Inspector General; (B) the amount requested for all training re- quirements of the Inspector General, including a certification from the Inspector General that the amount requested is sufficient to fund all training requirements for the Office; and (C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency, including a justification for such amount. (3) In transmitting a proposed budget to the President for a fiscal year, the Director of Na- tional Intelligence shall include for such fiscal year— (A) the aggregate amount requested for the Inspector General of the Central Intelligence Agency; Page 901 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 (B) the amount requested for Inspector Gen- eral training; (C) the amount requested to support the Council of the Inspectors General on Integrity and Efficiency; and (D) the comments of the Inspector General, if any, with respect to such proposed budget. (4) The Director of National Intelligence shall submit to the Committee on Appropriations and the Select Committee on Intelligence of the Senate and the Committee on Appropriations and the Permanent Select Committee on Intel- ligence of the House of Representatives for each fiscal year— (A) a separate statement of the budget esti- mate transmitted pursuant to paragraph (2); (B) the amount requested by the Director of National Intelligence for the Inspector Gen- eral pursuant to paragraph (3)(A); (C) the amount requested by the Director of National Intelligence for training of personnel of the Office of the Inspector General pursuant to paragraph (3)(B); (D) the amount requested by the Director of National Intelligence for support for the Coun- cil of the Inspectors General on Integrity and Efficiency pursuant to paragraph (3)(C); and (E) the comments of the Inspector General under paragraph (3)(D), if any, on the amounts requested pursuant to paragraph (3), including whether such amounts would substantially in- hibit the Inspector General from performing the duties of the Office. (g) Transfer There shall be transferred to the Office the of- fice of the Agency referred to as the ‘‘Office of Inspector General.’’ The personnel, assets, li- abilities, contracts, property, records, and unex- pended balances of appropriations, authoriza- tions, allocations, and other funds employed, held, used, arising from, or available to such ‘‘Office of Inspector General’’ are hereby trans- ferred to the Office established pursuant to this section. (h) Information on website (1) The Director of the Central Intelligence Agency shall establish and maintain on the homepage of the Agency’s publicly accessible website information relating to the Office of the Inspector General including methods to contact the Inspector General. (2) The information referred to in paragraph (1) shall be obvious and facilitate accessibility to the information related to the Office of the Inspector General. (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; Pub. L. 118–159, div. F, title LXVII, §§ 6701(b), 6702(b), Dec. 23, 2024, 138 Stat. 2512, 2514.) Editorial Notes REFERENCES IN TEXT Section 3 of the Inspector General Act of 1978, re- ferred to in subsec. (b)(8)(A), is section 3 of Pub. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was re- pealed and restated as section 403 of Title 5 by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4208, 4361. For definition of ‘‘first assistant to the position of Inspec- tor General’’, see Amendments Not Shown in Text note set out under section 403 of Title 5. The National Security Act of 1947, referred to in sub- sec. (d)(4), is act July 26, 1947, ch. 343, 61 Stat. 495. Title V of the Act is classified generally to subchapter III (§ 3091 et seq.) of chapter 44 of this title. For complete classification of this Act to the Code, see Tables. The Atomic Energy Act of 1954, referred to in subsec. (e)(3)(B)(i), (iv)(II), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapters 12 and 18 of the Act are classified generally to sub- chapters XI (§ 2161 et seq.) and XVII (§ 2271 et seq.), re- spectively, of division A of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables. Executive Order 13526, referred to in subsec. (e)(3)(B)(i), (iv)(II), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of this title. CODIFICATION Section was formerly classified to section 403q of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 2024—Subsec. (d)(5)(A). Pub. L. 118–159, § 6701(b)(1), designated existing provisions as cl. (i), inserted ‘‘in writing’’ before ‘‘to the Inspector General’’, and added cl. (ii). Subsec. (d)(5)(B). Pub. L. 118–159, § 6701(b)(2), added cls. (i) and (ii), redesignated former cl. (ii) as (iii), sub- stituted ‘‘subparagraph (A)’’ for ‘‘paragraph (1)’’ in cl. (iii), and struck out former cl. (i) which read as follows: ‘‘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 com- plaint 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.’’ Subsec. (d)(5)(G)(i)(III). Pub. L. 118–159, § 6701(b)(3), added subcl. (III). Subsec. (e)(3). Pub. L. 118–159, § 6702(b), designated ex- isting provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). Page 902 TITLE 50—WAR AND NATIONAL DEFENSE § 3517 2023—Subsec. (d)(5)(B)(ii). Pub. L. 118–31, § 7901(g)(4)(A), inserted period at end. Subsec. (e)(4). Pub. L. 118–31, § 7901(g)(4)(B), sub- stituted ‘‘which oath, affirmation, or affidavit’’ for ‘‘which oath affirmation, or affidavit’’. 2022—Subsec. (b)(6). Pub. L. 117–263, § 5202(a)(4)(A), designated existing provisions as subpar. (A), sub- stituted ‘‘substantive rationale, including detailed and case-specific reasons,’’ for ‘‘reasons’’, and added subpar. (B). Subsec. (b)(7). Pub. L. 117–263, § 5202(a)(4)(B), added par. (7). Subsec. (b)(8). Pub. L. 117–263, § 5203(c), added par. (8). Subsec. (d)(5)(G). Pub. L. 117–103 inserted cl. (i) des- ignation before ‘‘In this’’ in introductory provisions, redesignated former cls. (i) and (ii) as subcls. (I) and (II), respectively, of cl. (i) and former subcls. (I) to (III) as items (aa) to (cc), respectively, of subcl. (I), and added cl. (ii). Subsec. (d)(5)(G)(i)(I)(aa). Pub. L. 117–263, § 6609(c), substituted ‘‘of the Federal Government that is—’’ and subitems (AA) and (BB) for ‘‘involving classified infor- mation, but does not include differences of opinions concerning public policy matters.’’ 2017—Subsec. (e)(7)(C). Pub. L. 115–31 added subpar. (C). 2015—Subsec. (e)(7). Pub. L. 114–113, § 411(b), des- ignated existing provisions as subpar. (A) and added subpar. (B). Subsec. (e)(9). Pub. L. 114–113, § 411(a), amended par. (9) generally. Prior to amendment, par. (9) related to authority of Inspector General to request from any Government agency information or assistance nec- essary for carrying out his duties and responsibilities. 2014—Subsec. (d)(5)(B). Pub. L. 113–126, § 603(b)(1), des- ignated existing provisions as cl. (i) and added cl. (ii). Subsec. (d)(5)(H). Pub. L. 113–126, § 603(b)(2), added subpar. (H). 2013—Subsec. (d)(1). Pub. L. 112–277, in introductory provisions, substituted ‘‘October 31 and April 30’’ for ‘‘January 31 and July 31’’, ‘‘September 30 and March 31,’’ for ‘‘December 31 (of the preceding year) and June 30,’’, and ‘‘Not later than 30 days after the date of the receipt of such reports,’’ for ‘‘Not later than the dates each year provided for the transmittal of such reports in section 507 of the National Security Act of 1947,’’. 2012—Subsec. (h). Pub. L. 112–87 added subsec. (h). 2010—Subsec. (b)(1). Pub. L. 111–259, § 425(a), sub- stituted ‘‘This appointment shall be made without re- gard to political affiliation and shall be on the basis of integrity and demonstrated ability in accounting, au- diting, financial analysis, law, management analysis, public administration, or investigation. Such appoint- ment shall also be made on the basis of compliance with the security standards of the Agency and prior ex- perience in the field of foreign intelligence.’’ for ‘‘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.’’ Subsec. (b)(6). Pub. L. 111–259, § 425(b), struck out ‘‘im- mediately’’ after ‘‘President shall’’ and substituted ‘‘not later than 30 days prior to the effective date of such removal. Nothing in this paragraph shall be con- strued to prohibit a personnel action otherwise author- ized by law, other than transfer or removal.’’ for period at end. Subsec. (d)(1). Pub. L. 111–259, § 425(c), inserted ‘‘re- view,’’ after ‘‘investigation,’’ in introductory provi- sions. Subsec. (d)(3)(B)(i). Pub. L. 111–259, § 802(2)(A), sub- stituted ‘‘advice’’ for ‘‘advise’’. Subsec. (d)(3)(B)(ii). Pub. L. 111–259, § 802(2)(B), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: ‘‘holds or held the position in the Agen- cy, 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;’’. Subsec. (e)(3)(B). Pub. L. 111–259, § 425(d), inserted ‘‘or providing such information’’ after ‘‘making such com- plaint’’. Subsec. (e)(5)(A). Pub. L. 111–259, § 425(e), inserted ‘‘in any medium (including electronically stored informa- tion or any tangible thing)’’ after ‘‘other data’’. Subsec. (e)(8). Pub. L. 111–259, § 425(f)(1)(C), added par. (8). Former par. (8) redesignated (9). Subsec. (e)(9). Pub. L. 111–259, § 425(f)(1)(A), (B), redes- ignated par. (8) as (9), substituted ‘‘The’’ for ‘‘Subject to the concurrence of the Director, the’’ and inserted at end ‘‘Consistent with budgetary and personnel re- sources allocated by the Director, the Inspector Gen- eral has final approval of— ‘‘(A) the selection of internal and external can- didates for employment with the Office of Inspector General; and ‘‘(B) all other personnel decisions concerning per- sonnel permanently assigned to the Office of Inspec- tor General, including selection and appointment to the Senior Intelligence Service, but excluding all se- curity-based determinations that are not within the authority of a head of other Central Intelligence Agency offices.’’ Subsec. (f). Pub. L. 111–259, § 426, designated existing provisions as par. (1) and added pars. (2) to (4). 2004—Subsec. (d)(1). Pub. L. 108–458, § 1071(b)(2)(C), struck out ‘‘of Central Intelligence’’ after ‘‘to the Di- rector’’ in introductory provisions. Subsec. (f). Pub. L. 108–458, §§ 1071(b)(1)(B), 1074(b)(2), substituted ‘‘Director of National Intelligence’’ for ‘‘Di- rector of Central Intelligence’’ in two places and ‘‘Na- tional Intelligence Program’’ for ‘‘National Foreign In- telligence Program’’. 2002—Subsec. (d)(1). Pub. L. 107–306 substituted ‘‘Not later than the dates each year provided for the trans- mittal of such reports in section 507 of the National Se- curity Act of 1947,’’ for ‘‘Within thirty days of receipt of such reports,’’ in introductory provisions. 2001—Subsec. (d)(5)(B). Pub. L. 107–108, § 309(a)(1), sub- stituted ‘‘Upon making such a determination, the In- spector General shall transmit to the Director notice of that determination, together with the complaint or in- formation.’’ for ‘‘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 Direc- tor.’’ Subsec. (d)(5)(D)(i). Pub. L. 107–108, § 309(a)(2), sub- stituted ‘‘does not find credible under subparagraph (B) a complaint or information submitted under subpara- graph (A), or does not transmit the complaint or infor- mation to the Director in accurate form under subpara- graph (B),’’ for ‘‘does not transmit, or does not trans- mit in an accurate form, the complaint or information described in subparagraph (B),’’. 2000—Subsec. (d)(1)(E). Pub. L. 106–567, § 402(a)(1), added subpar. (E) and struck out former subpar. (E) which read as follows: ‘‘a description of all cases occur- ring during the reporting period where the Inspector General could not obtain documentary evidence rel- evant to any inspection, audit, or investigation due to his lack of authority to subpoena such information; and’’. Subsec. (d)(3). Pub. L. 106–567, § 403, added subpars. (B) to (E) and concluding provisions and struck out former subpars. (B) and (C) which read as follows: ‘‘(B) an investigation, inspection, or audit carried out by the Inspector General should focus upon the Direc- tor or Acting Director; or ‘‘(C) the Inspector General, after exhausting all pos- sible alternatives, is unable to obtain significant docu- mentary information in the course of an investigation, inspection, or audit, the Inspector General shall imme- diately report such matter to the intelligence commit- tees.’’ Page 903 TITLE 50—WAR AND NATIONAL DEFENSE § 3518 Subsec. (e)(5)(E). Pub. L. 106–567, § 402(a)(2), struck out subpar. (E) which read as follows: ‘‘Not later than Jan- uary 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 In- telligence of the House of Representatives a report of the Inspector General’s exercise of authority under this paragraph during the preceding six months.’’ Subsec. (e)(8). Pub. L. 106–567, § 402(b), substituted ‘‘Government’’ for ‘‘Federal’’ wherever appearing. 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, § 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, § 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, § 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 in- formation, 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, § 403(b), inserted ‘‘or the disclosure is made to an official of the Department of Justice responsible for determining whether a pros- ecution should be undertaken’’ after ‘‘investigation’’. 1994—Subsec. (b)(1). Pub. L. 103–359, § 402(1), sub- stituted ‘‘analysis, public administration, or auditing’’ for ‘‘analysis, or public administration’’. Subsec. (c)(1). Pub. L. 103–359, § 402(2), substituted ‘‘to plan, conduct’’ for ‘‘to conduct’’. Subsec. (d)(1). Pub. L. 103–359, § 402(3), in introductory provisions, substituted ‘‘January 31 and July 31’’ for ‘‘June 30 and December 31’’ and ‘‘periods ending Decem- ber 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, § 402(4), substituted ‘‘investigation, inspection, or audit,’’ for ‘‘investiga- tion,’’. Subsec. (d)(4). Pub. L. 103–359, § 402(5), inserted ‘‘or findings and recommendations’’ after ‘‘report’’. Subsec. (e)(6). Pub. L. 103–359, § 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, sub- stituting subsecs. (a) to (g) relating to establishment of the Office of Inspector General and appointment, du- ties, and authority of Inspector General for introduc- tory par. and subsecs. (a) to (e) relating to various re- ports to be filed with the intelligence committees by Director of Central Intelligence concerning selection and activities of Inspector General. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by section 5203(c) of Pub. L. 117–263 effec- tive Dec. 23, 2022, except that such amendment to take effect 30 days after Dec. 23, 2022, with respect to an in- dividual performing the functions and duties of an In- spector General temporarily in an acting capacity, see section 5203(e) of Pub. L. 117–263, set out as a note under section 403 of Title 5, Government Organization and Employees. EFFECTIVE DATE OF 2004 AMENDMENT For Determination by President that amendment by Pub. L. 108–458 take effect on Apr. 21, 2005, see Memo- randum of President of the United States, Apr. 21, 2005, 70 F.R. 23925, set out as a note under section 3001 of this title. Amendment by Pub. L. 108–458 effective not later than six months after Dec. 17, 2004, except as otherwise expressly provided, see section 1097(a) of Pub. L. 108–458, set out in an Effective Date of 2004 Amendment; Transition Provisions note under section 3001 of this title. CONSTRUCTION OF 2017 AMENDMENT Pub. L. 115–31, div. N, title IV, § 412(b), May 5, 2017, 131 Stat. 821, provided that: ‘‘Subparagraph (C) of section 17(e)(7) of the Central Intelligence Agency Act of 1949 (50 U.S.C. 3517(e)(7)), as added by subsection (a), may not be construed to confer on the Inspector General of the Central Intelligence Agency, or any other officer or employee of the Agency, any police or law enforcement or internal security functions or authorities.’’ CONSTRUCTION OF 2010 AMENDMENT Pub. L. 111–259, title IV, § 425(f)(2), Oct. 7, 2010, 124 Stat. 2729, provided that: ‘‘Nothing in the amendment made by paragraph (1)(C) [amending this section] shall be construed to alter the duties and responsibilities of the General Counsel of the Central Intelligence Agen- cy.’’ TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 4th item on page 156, relating to the transmittal of semiannual re- ports to the intelligence committees, identifies a re- porting provision which, as subsequently amended, is contained in subsec. (d)(1) of this section), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. § 3518. Special annuity computation rules for cer- tain employees’ service abroad (a) Officers and employees to whom rules apply Notwithstanding any provision of chapter 83 of title 5, the annuity under subchapter III of such chapter of an officer or employee of the Central Intelligence Agency who retires on or after Oc- tober 1, 1989, is not designated under section 2013 of this title, and has served abroad as an officer or employee of the Agency on or after January 1, 1987, shall be computed as provided in sub- section (b). (b) Computation rules (1) The portion of the annuity relating to such service abroad that is actually performed at any time during the officer’s or employee’s first ten years of total service shall be computed at the rate and using the percent of average pay speci- fied in section 8339(a)(3) of title 5 that is nor- mally applicable only to so much of an employ- ee’s total service as exceeds ten years. (2) The portion of the annuity relating to serv- ice abroad as described in subsection (a) but that is actually performed at any time after the officer’s or employee’s first ten years of total service shall be computed as provided in section 8339(a)(3) of title 5; but, in addition, the officer or employee shall be deemed for annuity com- putation purposes to have actually performed an equivalent period of service abroad during his or

Cross-references

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

2 U.S.C. § 651 — Extraneous matter in reconciliation legislation

**(a) In general** When the Senate is considering a reconciliation bill or a reconciliation resolution pursuant to [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section641&num=0&edition=prelim) (whether that bill or resolution originated in the Senate or the House) or [section 907d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section907d&num=0&edition=prelim), upon a point of order being made by any Senator against material extraneous to the instructions to a committee which is contained in any title or provision of the bill or resolution or offered as an amendment to the bill or resolution, and the point of order is sustained by the Chair, any part of said title or provision that contains material extraneous to the instructions to said Committee as defined in subsection (b) shall be deemed stricken from the bill and may not be offered as an amendment from the floor. **(b) Extraneous provisions** (1) (A) Except as provided in paragraph (2), a provision of a reconciliation bill or reconciliation resolution considered pursuant to [section 641 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section641&num=0&edition=prelim) shall be considered extraneous if such provision does not produce a change in outlays or revenues, including changes in outlays and revenues brought about by changes in the terms and conditions under which outlays are made or revenues are required to be collected (but a provision in which outlay decreases or revenue increases exactly offset outlay increases or revenue decreases shall not be considered extraneous by virtue of this subparagraph); (B) any provision producing an increase in outlays or decrease in revenues shall be c

Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 651

Stored review status: release_metadata_unconfirmed. The source passage cites 2 U.S.C. § 651. This identifies an authority to review, not proof of applicability.

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

2 U.S.C. § 651 — Budget-related legislation not subject to

Page 201 TITLE 2—THE CONGRESS § 651 (iv) for fiscal year 2025, $533,000,000; (v) for fiscal year 2026, $608,000,000; and (vi) for fiscal year 2027, $633,000,000. (E) Definition As used in this subsection, the term ‘‘addi- tional new budget authority’’ means the amount provided for a fiscal year, in excess of $117,000,000, in an appropriation measure or conference report (as the case may be) and specified to pay for grants to States under section 506 of title 42. (2) Report on 633(b) level Following any adjustment made under para- graph (1), the Committees on Appropriations of the Senate and the House of Representa- tives may report appropriately revised sub- allocations pursuant to section 633(b) of this title to carry out this subsection. (Pub. L. 93–344, title III, § 314, as added Pub. L. 105–33, title X, § 10114(a), Aug. 5, 1997, 111 Stat. 688; amended Pub. L. 105–89, title II, § 201(b)(2), Nov. 19, 1997, 111 Stat. 2125; Pub. L. 112–25, title I, § 105(a), Aug. 2, 2011, 125 Stat. 246; Pub. L. 112–78, title V, § 511, Dec. 23, 2011, 125 Stat. 1291; Pub. L. 113–67, div. A, title I, § 122(10), Dec. 26, 2013, 127 Stat. 1176; Pub. L. 115–123, div. C, title II, § 30206(d), Feb. 9, 2018, 132 Stat. 131.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (g)(1)(C), is Pub. L. 115–123, Feb. 9, 2018, 132 Stat. 64, known as the Bipar- tisan Budget Act of 2018. For complete classification of this Act to the Code, see Short Title of 2018 Amend- ment note set out under section 1305 of Title 42, The Public Health and Welfare, and Tables. AMENDMENTS 2018—Subsec. (g). Pub. L. 115–123 added subsec. (g). 2013—Subsec. (d)(2). Pub. L. 113–67 redesignated sub- par. (B) as (A) and substituted ‘‘under paragraph (1)’’ for ‘‘under subparagraph (A)

Source: Supplied 2024 U.S. Code historical extraction · 2 U.S.C. § 651

Stored review status: historical_2024_not_currentness_verified. The source passage cites 2 U.S.C. § 651. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 2161 — Policy of Commission

It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guided by the following principles: **(a)** Until effective and enforceable international safeguards against the use of atomic energy for destructive purposes have been established by an international arrangement, there shall be no exchange of Restricted Data with other nations except as authorized by [section 2164 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2164&num=0&edition=prelim); and **(b)** The dissemination of scientific and technical information relating to atomic energy should be permitted and encouraged so as to provide that free interchange of ideas and criticism which is essential to scientific and industrial progress and public understanding and to enlarge the fund of technical information.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2161

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2161. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 2161 — Policy of Commission

Page 5469 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2162 • Sections 135(d)(1)–(d)(3), (d)(5)(B), and (d)(6) to the Secretary of State, in consultation with other relevant agencies as appropriate; • Section 135(d)(4) to the Secretary of State, in con- sultation with the Secretary of the Treasury as appro- priate, with respect to the requirement to submit the report described in that provision and to prepare each of the required elements of the report, with the excep- tion of the required assessment related to money laun- dering or terrorist finance activities in section 135(d)(4)(H); • Section 135(d)(4)(H) to the Secretary of the Treas- ury, in consultation with the Secretary of State, with respect to preparation of the assessment described in that provision for inclusion in the report required by section 135(d)(4). Any reference in this memorandum to provisions of any act related to the subject of this memorandum shall be deemed to include references to any hereafter enacted provisions of law that are the same or substan- tially the same as such provisions. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. BARACK OBAMA. SUBCHAPTER XI—CONTROL OF INFORMATION § 2161. Policy of Commission It shall be the policy of the Commission to control the dissemination and declassification of Restricted Data in such a manner as to assure the common defense and security. Consistent with such policy, the Commission shall be guid- ed by the following principles: (a) Until effective and enforceable inter- national safeguards against the use of atomic energy for destructive purposes have been estab- lished by an international arrangement, there shall be no exchange of Restricted Data with other nations except as

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2161

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2161. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 2271 — General provisions

**(a) Authority of President to utilize Government agencies** To protect against the unlawful dissemination of Restricted Data and to safeguard facilities, equipment, materials, and other property of the Commission, the President shall have authority to utilize the services of any Government agency to the extent he may deem necessary or desirable. **(b) Criminal violations** The Federal Bureau of Investigation of the Department of Justice shall investigate all alleged or suspected criminal violations of this chapter. **(c) Violations of this chapter** No action shall be brought against any individual or person for any violation under this chapter unless and until the Attorney General of the United States has advised the Commission with respect to such action and no such action shall be commenced except by the Attorney General of the United States: Provided, however, That nothing in this subsection shall be construed as applying to administrative action taken by the Commission.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 2271

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 2271. This identifies an authority to review, not proof of applicability.

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

42 U.S.C. § 2271 — General provisions

Page 5536 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2259 (b) References in rules, etc., on and after Sep- tember 20, 1977 Any reference in any rule, resolution, or order of the Senate or the House of Representatives or in any law, regulation, or Executive order to the Joint Committee on Atomic Energy shall, on and after September 20, 1977, be considered as re- ferring to the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the subject matter of such reference. (c) Transfer of records, data, etc.; copies All records, data, charts, and files of the Joint Committee on Atomic Energy are transferred to the committees of the Senate and House of Rep- resentatives which, under the rules of the Sen- ate and the House, have jurisdiction over the subject matters to which such records, data, charts, and files relate. In the event that any record, data, chart, or file shall be within the ju- risdiction of more than one committee, dupli- cate copies shall be provided upon request. (Aug. 1, 1946, ch. 724, title I, § 301, as added Pub. L. 95–110, § 1, Sept. 20, 1977, 91 Stat. 884; renum- bered title I, Pub. L. 102–486, title IX, § 902(a)(8), Oct. 24, 1992, 106 Stat. 2944.) § 2259. Information and assistance to Congres- sional committees (a) Secretary of Energy and Nuclear Regulatory Commission The Secretary of Energy and the Nuclear Reg- ulatory Commission shall keep the committees of the Senate and the House of Representatives which, under the rules of the Senate and the House, have jurisdiction over the functions of the Secretary or the Commission, fully and cur- rently informed with respect to the activities of the Secretary and the Commission. (b) Department of Defense and

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2271

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 2271. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 3091 — Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3091

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3091. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 3091 — General congressional oversight provi-

Page 665 TITLE 50—WAR AND NATIONAL DEFENSE § 3091 mained a part of it or whether all other traces of the title were eliminated completely so that section 411 was effectively absorbed into title III. The subsequent renumbering of section 411 of the Act as section 312 by Pub. L. 116–92 suggests that this section should be con- sidered within title III (as shown in the credit above), although there has been no explicit amendment renum- bering the title of the Act containing it. Section was classified to section 3006 of this title prior to renumbering by Pub. L. 116–92. Section was formerly classified to section 412 of this title prior to editorial reclassification and renumbering as section 3006, and to section 172j of former Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. § 3079. Insider threat policy compliance and re- porting The head of each element of the intelligence community shall— (1) implement the policy established in ac- cordance with section 3024(f)(8) of this title; and (2) concurrent with the submission to Con- gress of budget justification materials in sup- port of the budget of the President for a fiscal year that is submitted to Congress under sec- tion 1105(a) of title 31, submit to Congress a certification as to whether the element is in compliance with such policy. (July 26, 1947, ch. 343, title III, § 313, as added Pub. L. 117–263, div. F, title LXIII, § 6314(b), Dec. 23, 2022, 136 Stat. 3511.) SUBCHAPTER III—ACCOUNTABILITY FOR INTELLIGENCE ACTIVITIES § 3091. General congressional oversight provi- sions (a) Reports to congressional committees of intel- ligence activities and anticipated activities (1) The President sh

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3091

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3091. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 3161 — Operational files of the Central Intelligence Agency

**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith. **(b) “Operational files” defined** In this section, the term “operational files” means— (1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; (2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and (3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. **(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning— (1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161

Stored review status: release_metadata_unconfirmed. The source passage cites 50 U.S.C. § 3161. This identifies an authority to review, not proof of applicability.

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

50 U.S.C. § 3161 — Procedures

Page 705 TITLE 50—WAR AND NATIONAL DEFENSE § 3161 provisions of section 552 of title 5 (commonly referred to as the Freedom of Information Act), and such order shall be the exclusive remedy for failure to comply with this section. (F) If at any time following the filing of a complaint pursuant to this paragraph the Of- fice agrees to search each appropriate exempt- ed file for the requested records, the court shall dismiss the claim based upon such com- plaint. (g) Definitions In this section: (1) The term ‘‘exempted operational file’’ means a file of an element of the intelligence community that, in accordance with this sub- chapter, is exempted from the provisions of section 552 of title 5 that require search, re- view, publication, or disclosure of such file. (2) Except as otherwise specifically provided, the term ‘‘Office’’ means the Office of the Di- rector of National Intelligence. (July 26, 1947, ch. 343, title VII, § 706, as added Pub. L. 111–259, title IV, § 408(a), Oct. 7, 2010, 124 Stat. 2722.) Editorial Notes REFERENCES IN TEXT The Federal Rules of Civil Procedure, referred to in subsec. (f)(2)(D), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. CODIFICATION Section was formerly classified to section 432d of this title prior to editorial reclassification and renumbering as this section. SUBCHAPTER VI—ACCESS TO CLASSIFIED INFORMATION § 3161. Procedures (a) Not later than 180 days after October 14, 1994, the President shall, by Executive order or regulation, establish procedures to govern ac- cess to classified information which shall be binding upon all departments, agencies, and of- fices of the executive branch of Government. Such procedures shall, at a minimum— (1) provide that, except as may be pe

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3161

Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 3161. This identifies an authority to review, not proof of applicability.