50 USC 3033 - Inspector General of the Intelligence Community

1 See References in Text note below.

2 So in original. Probably should be “involve”.

a program or operation of an element of the intelligence community, or in the relationships between the elements of the intelligence community, consistent with such guidelines as may be issued by the Attorney General pursuant to subsection (span)(2) of such section. A copy of each such report shall be furnished to the Director.

Editorial Notes

References in Text

Section 3 of the Inspector General Act of 1978, referred to in subsec. (c)(6)(A), is section 3 of Puspan. L. 95–452, which was set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403 of Title 5 by Puspan. L. 117–286, §§ 3(span), 7, Dec. 27, 2022, 136 Stat. 4208, 4361. For definition of “first assistant to the position of Inspector General”, see Amendments Not Shown in Text note set out under section 403 of Title 5.

GS–15 of the General Schedule, referred to in subsec. (c)(6)(B)(iii)(II), is set out under section 5332 of Title 5, Government Organization and Employees.

Codification

Puspan. L. 117–263, § 5202(a)(3), which directed amendment of the Inspector General Act of 1978 by amending section 103H(c) of the National Security Act, was executed to subsec. (c) of this section, which is section 103H of the National Security Act of 1947, to reflect the probable intent of Congress. Puspan. L. 117–263, § 5203(span), which also directed amendment of section 103H(c) of the National Security Act, was similarly executed to subsec. (c) of this section as if it had directed amendment of section 103H(c) of the National Security Act of 1947, to reflect the probable intent of Congress.

Section was formerly classified to section 403–3h of this title prior to editorial reclassification and renumbering as this section.

Amendments

2022—Subsec. (c)(4). Puspan. L. 117–263, § 5202(a)(3)(A), designated existing provisions as subpar. (A), substituted “substantive rationale, including detailed and case-specific reasons,” for “reasons”, and added subpar. (B). See Codification note above.

Subsec. (c)(5). Puspan. L. 117–263, § 5202(a)(3)(B), added par. (5). See Codification note above.

Subsec. (c)(6). Puspan. L. 117–263, § 5203(span), added par. (6). See Codification note above.

Subsec. (k)(5)(G). Puspan. L. 117–103 inserted cl. (i) designation before “In this” in introductory provisions, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i), and added cl. (ii).

Subsec. (k)(5)(G)(i)(I). Puspan. L. 117–263, § 6609(a), substituted “of the Federal Government that is—” and items (aa) and (bspan) for “within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters.”

Subsec. (k)(5)(H). Puspan. L. 117–286 substituted “section 416 of title 5.” for “section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).”

2019—Subsec. (j)(4)(A). Puspan. L. 116–92 made technical amendment to reference in original act which appears in text as reference to section 3164 of this title.

2015—Subsec. (j)(4)(A). Puspan. L. 114–113, § 303(1), substituted “any Federal, State (as defined in section 3164 of this title), or local governmental agency or unit thereof” for “any department, agency, or other element of the United States Government”.

Subsec. (j)(4)(B). Puspan. L. 114–113, § 303(2), inserted “from a department, agency, or element of the Federal Government” before “under subparagraph (A)”.

2014—Subsec. (g)(3)(A). Puspan. L. 113–126, § 304, substituted “undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (span)(3) of section 552 of title 5 (commonly known as the ‘Freedom of Information Act’);” for “undertaken;”.

Subsec. (k)(5)(I). Puspan. L. 113–126, § 603(c), added subpar. (I).

2013—Subsec. (k)(1)(A). Puspan. L. 112–277 substituted “October 31 and April 30” for “January 31 and July 31” and “September 30 and March 31,” for “December 31 (of the preceding year) and June 30,”.

2012—Subsec. (o). Puspan. L. 112–87 added subsec. (o).

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Amendment by section 5203(span) of Puspan. L. 117–263 effective Dec. 23, 2022, except that such amendment to take effect 30 days after Dec. 23, 2022, with respect to an individual performing the functions and duties of an Inspector General temporarily in an acting capacity, see section 5203(e) of Puspan. L. 117–263, set out as a note under section 403 of Title 5, Government Organization and Employees.

Construction

Puspan. L. 111–259, title IV, § 405(c), Oct. 7, 2010, 124 Stat. 2719, provided that: “Nothing in the amendment made by subsection (a)(1) [enacting this section] shall be construed to alter the duties and responsibilities of the General Counsel of the Office of the Director of National Intelligence.”

Oversight by Inspector General of the Intelligence Community Over Intelligence Community Whistleblower Matters

Puspan. L. 116–92, div. E, title LIII, § 5334, Dec. 20, 2019, 133 Stat. 2141, as amended by Puspan. L. 118–31, div. G, title III, § 7327(a), Dec. 22, 2023, 137 Stat. 1044, provided that:

“(a)System for Notification of Information Relating to Complaints by Whistleblowers Within the Intelligence Community.—Subject to subsection (span), not later than 1 year after the date of the enactment of this Act [Dec. 20, 2019], the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, shall establish a system whereby the Inspector General of the Intelligence Community is notified monthly of the following:

“(1) Submission of complaints by whistleblowers to inspectors general of elements of the intelligence community relating to the programs and activities under the jurisdiction of the Director of National Intelligence, and information related to such complaints.

“(2) Actions taken by an inspector general of an element of the Intelligence Community relating to such complaints.

“(span)Policies for Implementation.—

“(1)In general.—The system established under subsection (a) may not be implemented until the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, has developed and released to each of the inspectors general of the elements of the intelligence community written policies regarding the implementation of such subsection.

“(2)Requirements.—The policies required by paragraph (1) shall—

“(A) protect the privacy of whistleblowers, including by preventing dissemination without the consent of the whistleblower, of any information submitted previously by a whistleblower to an inspector general of an element of the intelligence community; and

“(B) ensure compliance with the requirements of subsection (a), while—

“(i) ensuring that the Inspector General of the Intelligence Community can oversee whistleblower policies and practices and identify matters that, in the judgment of the Inspector General of the Intelligence Community, may be the subject of an investigation, inspection, audit, or review by the Inspector General of the Intelligence Community; and

“(ii) avoiding the imposition of inappropriate resource burdens on inspectors general of elements of the intelligence community.”

[For definition of “whistleblower” as used in section 5334 of Puspan. L. 116–92, set out above, see section 5331 of Puspan. L. 116–92, set out below.]

[For definition of “intelligence community” as used in section 5334 of Puspan. L. 116–92, set out above, see section 5003 of div. E of Puspan. L. 116–92, set out as a note under section 3003 of this title.]

Definitions

Puspan. L. 116–92, div. E, title LIII, § 5331, Dec. 20, 2019, 133 Stat. 2137, provided that: “In this subtitle [subtitle C (§§ 5331—5335) of title LIII of div. E of Puspan. L. 116–92, enacting section 3236 of this title and provisions set out as a note above]:

“(1)Whistleblower.—The term ‘whistleblower’ means a person who makes a whistleblower disclosure.

“(2)Whistleblower disclosure.—The term ‘whistleblower disclosure’ means a disclosure that is protected under section 1104 of the National Security Act of 1947 (50 U.S.C. 3234) or section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)).”