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such department simultaneously with submission of the re-
port to the congressional intelligence committees.
‘‘(2)(A) The Inspector General shall report imme-
diately to the Director whenever the Inspector General be-
comes aware of particularly serious or flagrant problems,
abuses, or deficiencies relating to matters within the respon-
sibility and authority of the Director of National Intel-
ligence.
‘‘(B) The Director shall transmit to the congressional
intelligence committees each report under subparagraph (A)
within seven calendar days of receipt of such report, to-
gether with such comments as the Director considers appro-
priate. The Director shall transmit to the committees of the
Senate and of the House of Representatives with jurisdic-
tion over a department of the United States Government
any portion of each report under subparagraph (A) that
involves a problem, abuse, or deficiency related to a compo-
nent of such department simultaneously with transmission
of the report to the congressional intelligence committees.
‘‘(3) In the event that—
‘‘(A) the Inspector General is unable to resolve
any differences with the Director affecting the execu-
tion of the duties or responsibilities of the Inspector
General;
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‘‘(B) an investigation, inspection, or audit car-
ried out by the Inspector General focuses on any cur-
rent or former intelligence community official who—
‘‘(i) holds or held a position in an element
of the intelligence community that is subject to
appointment by the President, whether or not by
and with the advice and consent of the Senate,
including such a position held on an acting
basis;
‘‘(ii) holds or held a position in an element
of the intelligence community, including a posi-
tion held on an acting basis, that is appointed
by the Director of National Intelligence; or
‘‘(iii) holds or held a position as head of an
element of the intelligence community or a posi-
tion covered by subsection (b) or (c) of section
106;
‘‘(C) a matter requires a report by the Inspector
General to the Department of Justice on possible
criminal conduct by a current or former official de-
scribed in subparagraph (B);
‘‘(D) the Inspector General receives notice from
the Department of Justice declining or approving
prosecution of possible criminal conduct of any cur-
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rent or former official described in subparagraph (B);
or
‘‘(E) the Inspector General, after exhausting all
possible alternatives, is unable to obtain significant
documentary information in the course of an inves-
tigation, inspection, or audit,
the Inspector General shall immediately notify and submit
a report on such matter to the congressional intelligence
committees.
‘‘(4) Pursuant to title V, the Director shall submit to
the congressional intelligence committees any report or
findings and recommendations of an investigation, inspec-
tion, or audit conducted by the office which has been re-
quested by the Chairman or Vice Chairman or Ranking Mi-
nority Member of either committee.
‘‘(5)(A) An employee of an element of the intelligence
community, an employee assigned or detailed to an element
of the intelligence community, or an employee of a con-
tractor to the intelligence community who intends to report
to Congress a complaint or information with respect to an
urgent concern may report such complaint or information
to the Inspector General.
‘‘(B) Not later than the end of the 14-calendar day
period beginning on the date of receipt from an employee
of a complaint or information under subparagraph (A), the
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Inspector General shall determine whether the complaint or
information appears credible. Upon making such a deter-
mination, the Inspector General shall transmit to the Direc-
tor a notice of that determination, together with the com-
plaint or information.
‘‘(C) Upon receipt of a transmittal from the Inspector
General under subparagraph (B), the Director shall, within
seven calendar days of such receipt, forward such trans-
mittal to the congressional intelligence committees, together
with any comments the Director considers appropriate.
‘‘(D)(i) If the Inspector General does not find credible
under subparagraph (B) a complaint or information sub-
mitted under subparagraph (A), or does not transmit the
complaint or information to the Director in accurate form
under subparagraph (B), the employee (subject to clause
(ii)) may submit the complaint or information to Congress
by contacting either or both of the congressional intelligence
committees directly.
‘‘(ii) An employee may contact the intelligence com-
mittees directly as described in clause (i) only if the
employee—
‘‘(I) before making such a contact, furnishes to
the Director, through the Inspector General, a state-
ment of the employee’s complaint or information and
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notice of the employee’s intent to contact the congres-
sional intelligence committees directly; and
‘‘(II) obtains and follows from the Director,
through the Inspector General, direction on how to
contact the intelligence committees in accordance with
appropriate security practices.
‘‘(iii) A member or employee of one of the congressional
intelligence committees who receives a complaint or infor-
mation under clause (i) does so in that member or employ-
ee’s official capacity as a member or employee of such com-
mittee.
‘‘(E) The Inspector General shall notify an employee
who reports a complaint or information to the Inspector
General under this paragraph of each action taken under
this paragraph with respect to the complaint or informa-
tion. Such notice shall be provided not later than 3 days
after any such action is taken.
‘‘(F) An action taken by the Director or the Inspector
General under this paragraph shall not be subject to judi-
cial review.
‘‘(G) In this paragraph, the term ‘urgent concern’
means any of the following:
‘‘(i) A serious or flagrant problem, abuse, viola-
tion of law or Executive order, or deficiency relating
to the funding, administration, or operation of an in-
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telligence activity involving classified information,
but does not include differences of opinions con-
cerning public policy matters.
‘‘(ii) A false statement to Congress, or a willful
withholding from Congress, on an issue of material
fact relating to the funding, administration, or oper-
ation of an intelligence activity.
‘‘(iii) An action, including a personnel action
described in section 2302(a)(2)(A) of title 5, United
States Code, constituting reprisal or threat of reprisal
prohibited under subsection (f)(3)(B) of this section in
response to an employee’s reporting an urgent concern
in accordance with this paragraph.
‘‘(H) In support of this paragraph, Congress makes the
findings set forth in paragraphs (1) through (6) of section
701(b) of the Intelligence Community Whistleblower Protec-
tion Act of 1998 (title VII of Public Law 105–272; 5 U.S.C.
App. 8H note).
‘‘(6) In accordance with section 535 of title 28, United
States Code, the Inspector General shall report to the Attor-
ney General any information, allegation, or complaint re-
ceived by the Inspector General relating to violations of
Federal criminal law that involves a program or operation
of an element of the intelligence community, or in the rela-
tionships between the elements of the intelligence commu-
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nity, consistent with such guidelines as may be issued by
the Attorney General pursuant to subsection (b)(2) of such
section. A copy of each such report shall be furnished to
the Director.
‘‘(j) SEPARATE BUDGET ACCOUNT.—The Director of
National Intelligence shall, in accordance with procedures
to be issued by the Director in consultation with the con-
gressional intelligence committees, include in the National
Intelligence Program budget a separate account for the Of-
fice of Inspector General of the Intelligence Community.
‘‘(k) CONSTRUCTION
OF DUTIES REGARDING ELE-
MENTS OF INTELLIGENCE COMMUNITY.—Except as resolved
pursuant to subsection (g), the performance by the Inspector
General of the Intelligence Community of any duty, respon-
sibility, or function regarding an element of the intelligence
community shall not be construed to modify or effect the
duties and responsibilities of any other Inspector General,
whether statutory or administrative, having duties and re-
sponsibilities relating to such element.’’.
(2) CLERICAL AMENDMENT.—The table of con-
tents in the first section of the National Security Act
of 1947, as amended by section 409 of this Act, is fur-
ther amended by inserting after the item relating to
section 103H the following new item:
‘‘Sec. 103I. Inspector General of the Intelligence Community.’’.