§417 Special Provisions Concerning the Department of Homeland Security

Summary

When an audit, investigation, or subpoena would need access to very sensitive information, the Secretary of Homeland Security has authority over the Department’s Inspector General for those matters. That sensitive information includes intelligence or counterintelligence, counterterrorism, ongoing criminal investigations, undercover operations, the identity of confidential sources (including protected witnesses), matters that would threaten people the law says are protected (see 18 U.S.C. 3056; 3056A; Presidential Protection Assistance Act of 1976), or other things that would seriously harm national security. The Secretary may stop the Inspector General from starting, finishing, seeing that information, or issuing a subpoena if the Secretary decides it is needed to prevent disclosure, protect national security, or avoid a big harm to U.S. interests. If the Secretary uses that power, the Secretary must tell the Inspector General in writing within 7 days and explain why. Within 30 days of getting that notice, the Inspector General must send a copy and a written reply (saying whether they agree or disagree and why) to the President of the Senate, the Speaker of the House, and the appropriate congressional committees. Congress still has the right to get information it asks for. Subject to the rules above, the Inspector General may still run audits and investigations the office thinks are needed. The Secretary must send certain reports under section 405(e) to the President of the Senate, the Speaker, and the committees within the same 7-day period. The Inspector General also oversees internal investigations in certain offices (for example, Customs’ Office of Internal Affairs, the Secret Service Office of Inspections, the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services) and those offices must promptly report major activities to the Inspector General. The Inspector General must name a senior career official (at least GS‑15 level or a Senior Executive Service career member) to handle civil rights and civil liberties issues. That official must coordinate investigations, take complaints, start investigations, ensure training, work with the Officer for Civil Rights and Civil Liberties, share outcomes, refer matters the Inspector General won’t pursue, publicize how to complain and the status of fixes, and tell the Officer about problems or weaknesses.