§417 Special provisions concerning the Department of Homeland Security

Summary

The Secretary of Homeland Security can stop or limit the DHS Inspector General from doing or finishing audits, investigations, getting secret information, or issuing subpoenas when the work involves six types of sensitive matters—such as intelligence or counterterrorism, ongoing criminal cases, undercover work, the identity of confidential sources or protected witnesses, matters that would endanger people under special protection laws, or other things that would threaten national security. If the Secretary uses this power to block action, the Secretary must tell the Inspector General in writing within 7 days and explain why. The Inspector General then has 30 days to send that notice and a written response saying whether they agree or disagree, and why, to the President of the Senate, the Speaker of the House, and the right congressional committees and subcommittees. The Secretary’s action does not stop Congress or its committees from getting information. Otherwise, the Inspector General may run audits and investigations as needed under those limits. The Inspector General also oversees internal investigations by the Office of Internal Affairs (U.S. Customs Service), the Office of Inspections (U.S. Secret Service), the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services, and those offices must report major activities to the Inspector General. The Inspector General must appoint a senior career official (GS–15 or Senior Executive Service level) to handle civil rights and civil liberties complaints, investigations, training, coordination with the Officer for Civil Rights and Civil Liberties, public complaint info, and reporting of weaknesses.