### §4861. Inspector General for Department of State

#### (a) Direction to establish

The Congress directs the Secretary of State to proceed immediately to establish an Office of Inspector General of the Department of State not later than October 1, 1986. Not later than January 31, 1987, the Secretary of State shall submit a report to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the progress in establishing that office. Such report shall include an accounting of the obligation of funds for fiscal year 1987 for that office.

#### (b) Duties and responsibilities

The Inspector General of the Department of State (as established by the amendment made by section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987) is authorized to perform all duties and responsibilities, and to exercise the authorities, stated in section 3929 of this title and in chapter 4 of title 5.

#### (c) Earmark

Of the amounts made available for fiscal year 1987 for salaries and expenses under the heading "Administration of Foreign Affairs", not less than $6,500,000 shall be used for the sole purpose of establishing and maintaining the Office of Inspector General of the Department of State.

#### (d) Limitation on appointment

No career member of the Foreign Service, as defined by section 3903 of this title, may be appointed Inspector General of the Department of State.

(Pub. L. 99–399, title IV, §413, Aug. 27, 1986, 100 Stat. 867; Pub. L. 100–204, title I, §134, Dec. 22, 1987, 101 Stat. 1344; Pub. L. 117–286, §4(b)(44), Dec. 27, 2022, 136 Stat. 4348.)

#### **Editorial Notes**

#### References in Text

Section 150(a) of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987, referred to in subsec. (b), is section 150(a) of Pub. L. 99–93, title I, Aug. 16, 1985, 99 Stat. 427, which amended sections 2 and 11 of the Inspector General Act of 1978, Pub. L. 95–452, by adding references to the Department and Secretary of State. Subsequent to this amendment, sections 2 and 11 of the Act, which were set out in the Appendix to Title 5, Government Organization and Employees, were significantly amended, and section 11 was renumbered as section 12, prior to their repeal and restatement as sections 402 and 401, respectively, of Title 5 by Pub. L. 117–286, §§3(b), 7, Dec. 27, 2022, 136 Stat. 4207, 4208, 4361.

#### Codification

Section is comprised of section 413 of Pub. L. 99–399, as amended. Subsec. (e), formerly subsec. (a)(5), of section 413 amended section 5315 of Title 5, Government Organization and Employees. A former subsec. (a)(6) of section 413, which amended section 3929 of this title, was repealed by Pub. L. 99–529, title IV, §405, Oct. 24, 1986, 100 Stat. 3020. Another subsec. (c) of section 413 amended section 3929a of this title.

#### Amendments

2022—Subsec. (b). Pub. L. 117–286 substituted "chapter 4 of title 5." for "the Inspector General Act of 1978."

1987—Pub. L. 100–204 struck out former subsec. (a) designation and heading "Inspector General of Department of State", redesignated former pars. (1) to (5) as subsecs. (a) to (e), respectively, and struck out former subsec. (b) which related to establishment of the Office of Policy and Program Review. See Codification note above.

#### **Statutory Notes and Related Subsidiaries**

#### Evaluation of Policies and Procedures of Department of State on Protection of Classified Information at Department Headquarters

Pub. L. 107–306, title VIII, §832, Nov. 27, 2002, 116 Stat. 2431, provided that:

"(a) Evaluation Required.—Not later than December 31 of 2002, 2003, and 2004, the Inspector General of the Department of State shall conduct an evaluation of the policies and procedures of the Department on the protection of classified information at the Headquarters of the Department, including compliance with the directives of the Director of Central Intelligence (DCIDs) regarding the storage and handling of Sensitive Compartmented Information (SCI) material.

"(b) Annual Report.—Except as provided in subsection (c), not later than February 1 of 2003, 2004, and 2005, the Inspector General shall submit to the following committees a report on the evaluation conducted under subsection (a) during the preceding year:

"(1) The congressional intelligence committees.

"(2) The Committee on Foreign Relations of the Senate and the Committee on International Relations [now Committee on Foreign Affairs] of the House of Representatives.

"(c) Exception.—The date each year for the submittal of a report under subsection (b) may be postponed in accordance with section 507(d) of the National Security Act of 1947 [50 U.S.C. 3106(d)], as added by section 811 of this Act.

"(d) Congressional Intelligence Committees Defined.—In this section, the term 'congressional intelligence committees' means—

"(1) the Select Committee on Intelligence of the Senate; and

"(2) the Permanent Select Committee on Intelligence of the House of Representatives."

[Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the intelligence community deemed to be a reference to the Director of National Intelligence. Reference to the Director of Central Intelligence or the Director of the Central Intelligence Agency in the Director's capacity as the head of the Central Intelligence Agency deemed to be a reference to the Director of the Central Intelligence Agency. See section 1081(a), (b) of Pub. L. 108–458, set out as a note under section 3001 of Title 50, War and National Defense.]