Federal · Title 5 — Government Organization and Employees

5 U.S.C. § 417: Special provisions concerning the Department of Homeland Security

Civil

What this law says, in plain English

This statute establishes procedures allowing the DHS Secretary to restrict the Inspector General's access to certain sensitive national security information and prohibit related audits or investigations when disclosure would threaten security or protected persons.

Read the full statutory text
intelligence, counterintelligence, or counterterrorism matters; ongoing criminal investigations or proceedings; undercover operations; the identity of confidential sources, including protected witnesses; other matters the disclosure of which would, in the Secretary’s judgment, constitute a serious threat to the protection of any person or property authorized protection by section 3056 of title 18 , section 3056A of title 18 , or any provision of the Presidential Protection Assistance Act of 1976 ( 18 U.S.C. 3056 note); or other matters the disclosure of which would constitute a serious threat to national security. With respect to the information described in paragraph (1), the Secretary of Homeland Security may prohibit the Inspector General of the Department of Homeland Security from carrying out or completing any audit or investigation, from accessing information described in paragraph (1), or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, or to issue such subpoena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described in paragraph (1), to preserve the national security, or to prevent a significant impairment to the interests of the United States. a copy of such notice; and a written response to such notice that includes a statement regarding whether the Inspector General agrees or disagrees with such exercise, and the reasons for any disagreement. The exercise of authority by the Secretary described in subsection (a)(2) should not be construed as limiting the right of Congress or any committee of Congress to access any information it seeks. Subject to the conditions established in subsections (a) and (b), in carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of Homeland Security may initiate, conduct, and supervise such audits and investigations in the Department of Homeland Security as the Inspector General considers appropriate. Any report required to be transmitted by the Secretary of Homeland Security to the appropriate committees or subcommittees of Congress under section 405(e) of this title shall be transmitted, within the 7-day period specified in section 405(e) of this title , to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress. Notwithstanding any other provision of law, in carrying out the duties and responsibilities specified in this chapter, the Inspector General of the Department of Homeland Security shall have oversight responsibility for the internal investigations performed by the Office of Internal Affairs of the United States Customs Service, the Office of Inspections of the United States Secret Service, the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services. The head of each such office or bureau shall promptly report to the Inspector General the significant activities being carried out by such office or bureau. The Inspector General of the Department of Homeland Security shall designate a senior official within the Office of Inspector General, who shall be a career member of the civil service at the equivalent to the GS–15 level or a career member of the Senior Executive Service, to perform the functions described in paragraph (2). coordinate the activities of the Office of Inspector General with respect to investigations of abuses of civil rights or civil liberties; receive and review complaints and information from any source alleging abuses of civil rights and civil liberties by employees or officials of the Department and employees or officials of independent contractors or grantees of the Department; initiate investigations of alleged abuses of civil rights or civil liberties by employees or officials of the Department and employees or officials of independent contractors or grantees of the Department; ensure that personnel within the Office of Inspector General receive sufficient training to conduct effective civil rights and civil liberties investigations; alleged abuses of civil rights or civil liberties; and any policy recommendations regarding civil rights and civil liberties that may be founded upon an investigation by the Office of Inspector General; provide the Officer for Civil Rights and Civil Liberties with information regarding the outcome of investigations of alleged abuses of civil rights and civil liberties; refer civil rights and civil liberties matters that the Inspector General decides not to investigate to the Officer for Civil Rights and Civil Liberties; the procedure to file complaints or comments concerning civil rights and civil liberties matters; and the status of corrective actions taken by the Department in response to Office of the Inspector General reports; and inform the Officer for Civil Rights and Civil Liberties of any weaknesses, problems, and deficiencies within the Department relating to civil rights or civil liberties.

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