Page:United States Statutes at Large Volume 116 Part 3.djvu/629

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PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2221 national strategy for combating terrorism and other homeland security activities. Subtitle B—Inspector General SEC. 811. AUTHORITY OF THE SECRETARY. 6 USC 371. (a) IN GENERAL. —Notwithstanding the last two sentences of section 3(a) of the Inspector General Act of 1978, the Inspector General shall be under the authority, direction, and control of the Secretary with respect to audits or investigations, or the issuance of subpoenas, that require access to sensitive information concerning— (1) intelligence, counterintelligence, or counterterrorism matters; (2) ongoing criminal investigations or proceedings; (3) undercover operations; (4) the identity of confidential sources, including protected witnesses; (5) 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, United States Code, section 202 of title 3 of such Code, or any provision of the Presidential Protection Assistance Act of 1976; or (6) other matters the disclosure of which would, in the Secretary's judgment, constitute a serious threat to national security. (b) PROHIBITION OF CERTAIN INVESTIGATIONS.— With respect to the information described in subsection (a), the Secretary may prohibit the Inspector General from carrying out or completing any audit or investigation, or from issuing any subpoena, after such Inspector General has decided to initiate, carry out, or complete such audit or investigation or to issue such subpoena, if the Secretary determines that such prohibition is necessary to prevent the disclosure of any information described in subsection (a), to preserve the national security, or to prevent a significant impairment to the interests of the United States. (c) NOTIFICATION REQUIRED.—I f the Secretary exercises any power under subsection (a) or (b), the Secretary shall notify the Inspector General of the Department in writing stating the reasons for such exercise. Within 30 days after receipt of any such notice. Deadline, the Inspector General shall transmit a copy of such notice and a written response thereto that includes— (1) a statement as to whether the Inspector General agrees or disagrees with such exercise; and (2) the reasons for any disagreement, to the President of the Senate and the Speaker of the House of Representatives and to appropriate committees and subcommittees of Congress. (d) ACCESS TO INFORMATION BY CONGRESS. —The exercise of authority by the Secretary described in subsection (b) should not be construed as limiting the right of Congress or any committee of Congress to access any information it seeks. (e) OVERSIGHT RESPONSIBILITY.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended by inserting after section 81 the following: