5 U.S.C. § 413 — Special provisions concerning the Department of Justice

(a) In General. (1) The Justice Department's Inspector General normally works independently. But the Attorney General takes charge over any audit, investigation, or subpoena that needs access to sensitive information about (A) ongoing civil or criminal investigations or proceedings, (B) undercover operations, (C) confidential sources, including protected witnesses, (D) intelligence or counterintelligence matters, or (E) other matters whose disclosure would seriously threaten national security. (2) For that same sensitive information, the Attorney General can stop the Inspector General from starting, finishing, or accessing an audit or investigation, or from issuing a subpoena for it — even after the Inspector General already decided to act — if the Attorney General decides that is necessary to keep the information secret or to protect the national interest. (3) If the Attorney General uses this power, the Attorney General must notify the Inspector General in writing, explaining why. The Inspector General then has 30 days to send that notice to the Senate Judiciary and Homeland Security committees and the House Judiciary and Oversight committees, plus other appropriate committees. (b) Carrying Out Duties and Responsibilities: In doing this chapter's duties, the Justice Department's Inspector General (1) may start, run, and supervise Justice Department audits and investigations as the Inspector General thinks appropriate; (2) except as subsection (a) and paragraph (3) limit, may investigate allegations of criminal wrongdoing or misconduct by a Justice Department employee, or may instead refer such allegations to the Office of Professional Responsibility or an appropriate internal affairs office; (3) must refer to the Office of Professional Responsibility's Counsel any misconduct allegations against Department attorneys, investigators, or law enforcement personnel that relate to an attorney's authority to investigate, litigate, or give legal advice — except that no such referral happens if the accused attorney works in that Office; (4) may investigate allegations of criminal wrongdoing or misconduct by the head of any Justice Department agency or component; and (5) must send the results of any investigation under paragraph (4), with any recommended discipline, to the Attorney General. (c) Reports: Any report the Attorney General must send to certain congressional committees under section 405(e) must also go, within that same 7-day period, to the Senate Judiciary and Homeland Security committees and the House Judiciary and Oversight committees. (d) Regulation To Ensure Reporting of Certain Allegations to Inspector General: The Attorney General must issue a regulation requiring any Justice Department component that receives a non-frivolous allegation of criminal wrongdoing or misconduct by a Department employee — except for allegations covered by subsection (b)(3) — to report that information to the Inspector General.