Inspector General of the Department of Homeland Security.

Sec. 104. Inspector General of the Department of Homeland Security. (a) In General.—Section 103(b) of the Homeland Security Act of 2002 (Public Law 107–296) is amended to read as follows:“(b) Inspector General.—There shall be in the Department an Office of Inspector General and an Inspector General at the head of such office, as provided in the Inspector General Act of 1978 (5 U.S.C. App.).”.(b) Special Provisions Concerning the Inspector General.—The Inspector General Act of 1978 (5 U.S.C. App.) is amended—(1) by striking section 8J;(2) by redesignating section 8I as section 8J; and(3) by inserting after section 8H the following:117 STAT. 530 “SPECIAL PROVISIONS CONCERNING THE DEPARTMENT OF HOMELAND SECURITY“Sec. 8I. (a)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General of the Department of Homeland Security shall be under the authority, direction, and control of the Secretary of Homeland Security with respect to audits or investigations, or the issuance of subpoenas, that require access to sensitive information concerning—“(A) intelligence, counterintelligence, or counterterrorism matters;“(B) ongoing criminal investigations or proceedings;“(C) undercover operations;“(D) the identity of confidential sources, including protected witnesses;“(E) 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 (18 U.S.C. 3056 note); or“(F) other matters the disclosure of which would constitute a serious threat to national security.“(2) 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, 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 paragraph (1), to preserve the national security, or to prevent a significant impairment to the interests of the United States.“(3) If the Secretary of Homeland Security exercises any power under paragraph (1) or (2), the Secretary shall notify the Inspector General of the Department of Homeland Security in writing within seven days stating the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General shall transmit to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress the following:“(A) A copy of such notice.“(B) 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.“(b) The exercise of authority by the Secretary described in paragraph (2) should not be construed as limiting the right of Congress or any committee of Congress to access any information it seeks.“(c) Subject to the conditions established in subsections (a) and (b) above, in carrying out the duties and responsibilities specified in this Act, 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.117 STAT. 531“(d) Any report required to be transmitted by the Secretary of Homeland Security to the appropriate committees or subcommittees of Congress under section 5(d) shall be transmitted, within the seven-day period specified under such section, to the President of the Senate, the Speaker of the House of Representatives, and appropriate committees and subcommittees of Congress.“(e) Notwithstanding any other provision of law, in carrying out the duties and responsibilities specified in this Act, 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.” .(c) Conforming Amendments.—(1) Section 811 of the Homeland Security Act of 2002 (Public Law 107–296) is repealed.(2) Section 8D of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—(A) in subsection (b)(1)—(i) in the first sentence, by striking “, the Office of Internal Affairs of the United States Customs Service, and the Office of Inspections of the United States Secret Service,”; and(ii) in the second sentence, by striking “each”;(B) in subsection (c), by striking “bureaus and services” and inserting “bureau”; and(C) in subsection (d)—(i) by striking “a bureau or service” and inserting “the bureau”; and(ii) by striking “or service” after “such bureau”.