§ 3929. — Inspector General.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC3929]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 52--FOREIGN SERVICE
SUBCHAPTER II--MANAGEMENT OF SERVICE
Sec. 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 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;
(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.
(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) of this section 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 6 of the
Inspector General Act of 1978 to each Inspector General of an
establishment (as defined in section 11(2) of such Act) for carrying out
the provisions of that Act, 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
6(b) and (c) of such Act.
(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.
(Pub. L. 96-465, title I, Sec. 209, Oct. 17, 1980, 94 Stat. 2080; Pub.
L. 99-399, title IV, Sec. 413(a)(6), Aug. 27, 1986, 100 Stat. 868; Pub.
L. 99-529, title IV, Sec. 405, Oct. 24, 1986, 100 Stat. 3020; Pub. L.
105-277, div. G, subdiv. B, title XXII, Sec. 2208(a), (b), Oct. 21,
1998, 112 Stat. 2681-810; Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div.
A, title III, Sec. 339(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A-
443.)
References in Text
The Inspector General Act of 1978, referred to in subsec. (e)(1), is
Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is set
out in Title 5, Appendix, Government Organization and Employees.
Amendments
1999--Subsec. (c)(5). Pub. L. 106-113, Sec. 1000(a)(7) [div. A,
title III, Sec. 339(a)], added par. (5).
Subsec. (d)(2)(F). Pub. L. 106-113, Sec. 1000(a)(7) [div. A, title
III, Sec. 339(b)], added subpar. (F).
1998--Subsec. (c)(4). Pub. L. 105-277, Sec. 2208(a), added par. (4).
Subsec. (e)(3). Pub. L. 105-277, Sec. 2208(b), added par. (3).
1986--Subsec. (a)(1). Pub. L. 99-529 repealed Sec. 413(a)(6) of Pub.
L. 99-399 and reenacted last sentence which had been struck out by Pub.
L. 99-399.
Change of Name
Committee on Foreign Affairs of House of Representatives treated as
referring to Committee on International Relations of House of
Representatives by section 1(a) of Pub. L. 104-14, set out as a note
preceding section 21 of Title 2, The Congress.
Effective Date of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 339(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
``The amendments made by this section [amending this section] shall
apply to cases opened on or after the date of the enactment of this Act
[Nov. 29, 1999].''
Construction of 1999 Amendment
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 339(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
``Nothing in the amendments made by this section [amending this section]
may be construed to modify--
``(1) section 209(d)(4) of the Foreign Service Act of 1980 (22
U.S.C. 3929(d)(4));
``(2) section 7(b) of the Inspector General Act of 1978 (5
U.S.C. app.);
``(3) the Privacy Act of 1974 (5 U.S.C. 552a);
``(4) the provisions of section 2302(b)(8) of title 5 (relating
to whistleblower protection);
``(5) rule 6(e) of the Federal Rules of Criminal Procedure [18
App. U.S.C.] (relating to the protection of grand jury information);
or
``(6) any statute or executive order pertaining to the
protection of classified information.''
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions in subsec.
(d)(2) of this section relating to the requirement that the Secretary of
State transmit a copy of the annual report furnished by the Inspector
General, together with any comments which the Secretary deems
appropriate, 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, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance, and page 129 of House Document No. 103-7.
No Grievance or Right of Action
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title III,
Sec. 339(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A-444, provided that:
``A failure to comply with the amendments made by this section [amending
this section] shall not give rise to any private right of action in any
court or to an administrative complaint or grievance under any law.''
Section Referred to in Other Sections
This section is referred to in sections 3929a, 4102, 4861, 6203 of
this title.
