22 U.S.C. § 3929 — Inspector General

Page 1431 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929 § 3927a. Review by chief of mission (a) Review of staff element under chief of mis- sion authority; approval; process The Secretary of State shall require each chief of mission to review, not less than once every 5 years, every staff element under chief of mission authority, including staff from other depart- ments or agencies of the United States, and rec- ommend approval or disapproval of each staff element. Each such review shall be conducted pursuant to a process established by the Presi- dent for determining appropriate staffing at dip- lomatic missions and overseas constituent posts (commonly referred to as the ‘‘NSDD–38 proc- ess’’). (b) Actions by Secretary of State The Secretary of State, as part of the process established by the President referred to in sub- section (a), shall take actions to carry out the recommendations made in each such review. (Pub. L. 108–447, div. B, title IV, § 409, Dec. 8, 2004, 118 Stat. 2904; Pub. L. 112–74, div. I, title VII, § 7034(n), Dec. 23, 2011, 125 Stat. 1217.) Editorial Notes CODIFICATION Section was enacted as part of the Departments of Commerce, Justice, and State, the Judiciary, and Re- lated Agencies Appropriations Act, 2005, and also as part of the Consolidated Appropriations Act, 2005, and not as part of the Foreign Service Act of 1980 which comprises this chapter. AMENDMENTS 2011—Subsec. (c). Pub. L. 112–74 struck out subsec. (c). Prior to amendment, text read as follows: ‘‘Not later than 1 year after December 8, 2004, and annually there- after, the Secretary of State shall submit a report on such reviews that occurred during the previous 12 months, together with the Secretary’s recommenda- tions regarding such reviews to the appropriate com- mittees of Congress, the heads of all affected depart- ments or agencies, and the Inspector General of the De- partment of State.’’ § 3927b. Reporting requirement on chiefs of mis- sion Not later than 30 days following the end of each calendar quarter, the Secretary shall sub- mit to the appropriate congressional commit- tees— (1) a list of every chief of mission or United States representative overseas with the rank of Ambassador who, during the prior quarter, was granted approval by the Under Secretary of State for Management to be outside a coun- try of assignment for purposes other than offi- cial travel or temporary duty orders; and (2) the number of days each such chief of mission or United States representative over- seas with the rank of Ambassador was outside a country of assignment during the previous quarter for purposes other than official travel or temporary duty orders. (Pub. L. 118–31, div. F, title LXII, § 6209, Dec. 22, 2023, 137 Stat. 975.) Editorial Notes CODIFICATION Section was enacted as part of the Department of State Authorization Act of 2023, and also as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Foreign Service Act of 1980 which comprises this chapter. Statutory Notes and Related Subsidiaries DEFINITIONS For definitions of ‘‘Secretary’’ and ‘‘appropriate con- gressional committees’’ as used in this section, see sec- tion 6002 of Pub. L. 118–31, set out as a note under sec- tion 2651 of this title. § 3928. Director General of Foreign Service The President shall appoint, by and with the advice and consent of the Senate, a Director General of the Foreign Service, who shall be a current or former career member of the Foreign Service. The Director General should assist the Secretary of State in the management of the Service and perform such functions as the Sec- retary of State may prescribe. (Pub. L. 96–465, title I, § 208, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 103–236, title I, § 163, Apr. 30, 1994, 108 Stat. 411.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–236 amended section generally. Prior to amendment, section read as follows: ‘‘There shall be a Director General of the Foreign Service, who shall be appointed by the President, by and with the advice and consent of the Senate, from among the career members of the Senior Foreign Service. The Director General shall assist the Secretary of State in the management of the Service and shall perform such functions as the Secretary of State may prescribe.’’ § 3929. Inspector General (a) Appointment; supervision by Secretary of State; prohibition against interference by State Department with certain duties; in- spections, audits, and other functions; re- moval 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, with- out regard to political affiliation from among individuals exceptionally qualified for the posi- tion by virtue of their integrity and their dem- onstrated ability in accounting, auditing, finan- cial analysis, law, management analysis, public administration, or investigations, or their knowledge and experience in the conduct of for- eign 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 sub- pena during the course of any audit or investiga- tion. The Inspector General shall periodically (at least every 5 years) inspect and audit the ad- ministration 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 Sec- retary of State may prescribe, except that the Secretary of State shall not assign to the In- Page 1432 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929 spector 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 con- ducted 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 bu- reaus and other operating units of the Depart- ment of State, including an examination of— (1) whether financial transactions and ac- counts are properly conducted, maintained, and reported; (2) whether resources are being used and managed with the maximum degree of effi- ciency, effectiveness, and economy; (3) whether the administration of activities and operations meets the requirements of ap- plicable 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, cor- rection, and prevention have been taken; and (5) whether policy goals and objectives are being effectively achieved and whether the in- terests of the United States are being accu- rately and effectively represented. (c) Policies and procedures governing inspection and audit activities; coordination and co- operation with Comptroller General; report to Attorney General on criminal law viola- tions; provision of information to employees; conduct of investigations (1) The Inspector General shall develop and implement policies and procedures for the in- spection 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 Gen- eral of the United States for audits of Govern- ment agencies, organizations, programs, activi- ties, and functions. (2) In carrying out the duties and responsibil- ities established under this section, the Inspec- tor General shall give particular regard to the activities of the Comptroller General of the United States with a view toward insuring effec- tive coordination and cooperation. (3) In carrying out the duties and responsibil- ities established under this section, the Inspec- tor General shall report expeditiously to the At- torney 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 In- spector General with respect to individuals under investigation other than matters ex- empt from disclosure under other provisions of law. (5) INVESTIGATIONS.— (A) CONDUCT OF INVESTIGATIONS.—In con- ducting investigations of potential violations of Federal criminal law or Federal regula- tions, the Inspector General shall— (i) abide by professional standards applica- ble to Federal law enforcement agencies; and (ii) make every reasonable effort to permit each subject of an investigation an oppor- tunity to provide exculpatory information. (B) FINAL REPORTS OF INVESTIGATIONS.—In order to ensure that final reports of investiga- tions 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 oppor- tunity to refute any allegation of wrong- doing or assertion with respect to a material fact made regarding that person’s actions; (ii) include in every final report of inves- tigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the in- vestigation. (6) REQUIRED REPORTING OF ALLEGATIONS AND INVESTIGATIONS AND INSPECTOR GENERAL AUTHOR- ITY.— (A) IN GENERAL.—The head of a bureau, post, or other office of the Department of State (in this paragraph referred to as a ‘‘Department entity’’) shall submit to the Inspector General a report of any allegation of— (i) waste, fraud, or abuse in a Department program or operation; (ii) criminal or serious misconduct on the part of a Department employee at the FS–1, GS–15, or GM–15 level or higher; (iii) criminal misconduct on the part of a Department employee; and (iv) serious, noncriminal misconduct on the part of any Department employee who is authorized to carry a weapon, make arrests, or conduct searches, such as conduct that, if proved, would constitute perjury or material dishonesty, warrant suspension as discipline for a first offense, or result in loss of law en- forcement authority. (B) DEADLINE.—The head of a Department entity shall submit to the Inspector General a report of an allegation described in subpara- graph (A) not later than 5 business days after the date on which the head of such Depart- ment entity is made aware of such allegation. (d) Reports by Inspector General and Secretary of State (1) The Inspector General shall keep the Sec- retary 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 De- partment of State. (2) The Inspector General shall, not later than April 30 of each year, prepare and furnish to the Page 1433 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929 Secretary of State an annual report summa- rizing the activities of the Inspector General. Such report shall include— (A) a description of significant problems, abuses, and deficiencies relating to the admin- istration of activities and operations of For- eign Service posts, and bureaus and other op- erating 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 Gen- eral during the reporting period with respect to significant problems, abuses, or deficiencies described pursuant to subparagraph (A); (C) an identification of each significant rec- ommendation described in previous annual re- ports on which corrective action has not been completed; (D) a summary of matters referred to prose- cutive 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 re- port, 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 sub- section (c)(5)(B)(i) 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 receiv- ing it to the Committee on Foreign Relations of the Senate and the Committee on Foreign Af- fairs 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 imme- diately to the Secretary of State whenever the Inspector General becomes aware of particularly serious or flagrant problems, abuses, or defi- ciencies relating to the administration of activi- ties and operations of Foreign Service posts or bureaus or other operating units of the Depart- ment of State. The Secretary of State shall transmit any such report to the Committee on Foreign Relations of the Senate and the Com- mittee on Foreign Affairs of the House of Rep- resentatives and to other appropriate commit- tees within 7 days after receiving it, together with a report by the Secretary of State con- taining any comments the Secretary of State deems appropriate. (4) Nothing in this subsection shall be con- strued 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 406 of title 5 to each Inspector General of an establishment (as defined in section 401 of title 5) for carrying out the provisions of chapter 4 of title 5, and the responsibilities of other officers of the Govern- ment to the Inspector General shall be the same as the responsibilities of the head of an agency or establishment under section 406(c) and (d) of title 5. (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 evalua- tion 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 in- vestigation, 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 endan- gering the lives of individuals, unless that indi- vidual 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 in- former (1) The Inspector General may receive and in- vestigate complaints or information from a member of the Service or employee of the De- partment 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 consti- tuting a substantial and specific danger to pub- lic health or safety. (2) The Inspector General shall not, after re- ceipt of a complaint or information from a member of the Service or employee of the De- partment, disclose the identity of such indi- vidual 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 ac- tivities and operations performed under the di- rection, 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 respon- sibilities of the Secretary of State and the chief of mission. Page 1434 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3929a (Pub. L. 96–465, title I, § 209, Oct. 17, 1980, 94 Stat. 2080; Pub. L. 99–399, title IV, § 413(a)(6), Aug. 27, 1986, 100 Stat. 868; Pub. L. 99–529, title IV, § 405, Oct. 24, 1986, 100 Stat. 3020; Pub. L. 105–277, div. G, subdiv. B, title XXII, § 2208(a), (b), Oct. 21, 1998, 112 Stat. 2681–810; Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(a), (b)], Nov. 29, 1999, 113 Stat. 1536, 1501A–443; Pub. L. 114–323, title II, § 203, Dec. 16, 2016, 130 Stat. 1916; Pub. L. 117–286, § 4(b)(42), Dec. 27, 2022, 136 Stat. 4348.) Editorial Notes AMENDMENTS 2022—Subsec. (e)(1). Pub. L. 117–286 substituted ‘‘sec- tion 406 of title 5’’ for ‘‘section 6 of the Inspector Gen- eral Act of 1978’’, ‘‘section 401 of title 5)’’ for ‘‘section 11(2) of such Act)’’, ‘‘chapter 4 of title 5,’’ for ‘‘that Act,’’, and ‘‘section 406(c) and (d) of title 5.’’ for ‘‘sec- tion 6(b) and (c) of such Act.’’ 2016—Subsec. (c)(6). Pub. L. 114–323 added par. (6). 1999—Subsec. (c)(5). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 339(a)], added par. (5). Subsec. (d)(2)(F). Pub. L. 106–113, § 1000(a)(7) [div. A, title III, § 339(b)], added subpar. (F). 1998—Subsec. (c)(4). Pub. L. 105–277, § 2208(a), added par. (4). Subsec. (e)(3). Pub. L. 105–277, § 2208(b), added par. (3). 1986—Subsec. (a)(1). Pub. L. 99–529 repealed § 413(a)(6) of Pub. L. 99–399 and reenacted last sentence which had been struck out by Pub. L. 99–399. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 339(e)], Nov. 29, 1999, 113 Stat. 1536, 1501A–444, provided that: ‘‘The amendments made by this section [amend- ing 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, § 1000(a)(7) [div. A, title III, § 339(c)], Nov. 29, 1999, 113 Stat. 1536, 1501A–444, as amended by Pub. L. 117–286, § 4(b)(43), Dec. 27, 2022, 136 Stat. 4348, 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 407(b) of title 5, United States Code; ‘‘(3) the Privacy Act of 1974 (5 U.S.C. 552a); ‘‘(4) the provisions of section 2302(b)(8) of title 5 (re- lating to whistleblower protection); ‘‘(5) rule 6(e) of the Federal Rules of Criminal Pro- cedure [18 U.S.C. App.] (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 require- ment 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 Rela- tions of the Senate and the Committee on Foreign Af- fairs of the House of Representatives and to other ap- propriate 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. PERIODIC INSPECTOR GENERAL REVIEWS OF CHIEFS OF MISSION Pub. L. 118–159, div. G, title LXXII, § 7203, Dec. 23, 2024, 138 Stat. 2528, provided that: ‘‘(a) IN GENERAL.—Beginning on April 1, 2025, and for a 3-year period thereafter, the Inspector General of the Department of State shall conduct management re- views of chiefs of mission, charge d’affaires, and other principal officers assigned overseas during inspection visits, when those officers have been at post more than 180 days. ‘‘(b) DISPOSITION.—If there are serious management concerns raised and substantiated, a copy of the man- agement review document shall be provided to the rat- ing officer for formal discussion as part of the perform- ance evaluation process. The management review shall remain in the employee’s personnel file unless other- wise required by law. The subject of a review conducted pursuant to subsection (a) shall have the opportunity to respond to and comment on the review, and the re- sponse shall be included in the employee’s file for pro- motion panel review. ‘‘(c) NOTIFICATION REQUIREMENT IN CASE OF SERIOUS MANAGEMENT CONCERNS.—The Inspector General of the Department of State shall notify the Secretary [of State], the Deputy Secretary, and the appropriate con- gressional committees [Committee on Foreign Rela- tions of the Senate and Committee on Foreign Affairs of the House of Representatives] within 30 days of any review in which a preponderance of evidence shows that a chief of mission, charge d’affaires, or other principal officer did not meet Department guidelines, and such behavior negatively impacted the ability to conduct operations at the mission, and which information is not otherwise submitted as part of the periodic inspection or report.’’ NO GRIEVANCE OR RIGHT OF ACTION Pub. L. 106–113, div. B, § 1000(a)(7) [div. A, title III, § 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.’’ § 3929a. Abolishment of Inspector General of De- partment of State and Foreign Service Notwithstanding section 3929 of this title, the Inspector General of the Department of State and the Foreign Service is hereby abolished. (Pub. L. 99–93, title I, § 150(b), Aug. 16, 1985, 99 Stat. 427; Pub. L. 99–399, title IV, § 413(c), Aug. 27, 1986, 100 Stat. 868.) Editorial Notes CODIFICATION Section was enacted as part of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, and not as part of the Foreign Service Act of 1980 which com- prises this chapter. Another subsec. (c) of section 413 of Pub. L. 99–399 is classified to section 4861(c) of this title. AMENDMENTS 1986—Pub. L. 99–399 substituted provision abolishing the Inspector General of the Department of State and the Foreign Service for provision limiting the author- ity of the Inspector General to such functions as nec- essary to carry out section 3929(g) of this title. § 3929b. Cooperation with Office of the Inspector General (a) Administrative discipline Not later than 30 days after December 27, 2021, the Secretary of State shall make explicit in writing to all Department of State personnel, including the Secretary of State, Department employees, contractors, and political ap-