Pub. L. 106-113, div. A, tit. III, subtit. B, sec. 339 (as amended)

STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL INVESTIGATIONS.

Year: 2025Length: 449 wordsOfficial source
SEC. 339. STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL INVESTIGATIONS. (a) Amendment of the Foreign Service Act of 1980.—Section 209(c) of the Foreign Service Act of 1980 (22 U.S.C. 3929(c)) is amended by adding at the end the following: “(5) Investigations.— “(A) Conduct of investigations.—In conducting investigations of potential violations of Federal criminal law or Federal regulations, the Inspector General shall— “(i) abide by professional standards applicable to Federal law enforcement agencies; and “(ii) make every reasonable effort to permit each subject of an investigation an opportunity to provide exculpatory information. “(B) Final reports of investigations.—In order to ensure that final reports of investigations 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 opportunity to refute any allegation of wrongdoing or assertion with respect to a material fact made regarding that person's actions; “(ii) include in every final report of investigation any exculpatory information, as well as any inculpatory information, that has been discovered in the course of the investigation.” . (b) Annual Report.—Section 209(d)(2) of the Foreign Service Act of 1980 (22 U.S.C. 3929(d)(2)) is amended— (1) by striking “and” at the end of subparagraph (D); (2) by striking the period at the end of subparagraph (E) and inserting “; and”; and (3) by inserting after subparagraph (E) the following new subparagraph: “(F) a notification, which may be included, if necessary, in the classified portion of the report, 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 subsection (c)(5)(B)(i) to refute any allegation and the rationale for denying such individual that opportunity.” . (c) Statutory Construction.—Nothing in the amendments made by 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 (relating to whistleblower protection); (5) rule 6(e) of the Federal Rules of Criminal Procedure (relating to the protection of grand jury information); or (6) any statute or executive order pertaining to the protection of classified information. (d) No Grievance or Right of Action.—A failure to comply with the amendments made by 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. (e) Effective Date.—The amendments made by this section shall apply to cases opened on or after the date of the enactment of this Act.
Pub. L. 106-113, div. A, tit. III, subtit. B, sec. 339 (as amended): STATE DEPARTMENT INSPECTOR GENERAL AND PERSONNEL INVESTIGATIONS. | Justis AI