5 U.S.C. § 417 — Special provisions concerning the Department of Homeland Security

(a) In General:
(1) Authority of Secretary over certain audits and investigations: Despite the 2nd and last sentences of section 403(a), the Homeland Security Inspector General^* is under the Secretary's authority, direction, and control for audits, investigations, or subpoenas that need access to sensitive information about: (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 where disclosure would, in the Secretary's judgment, seriously threaten the protection of a person or property protected under section 3056 or 3056A of title 18, or the Presidential Protection Assistance Act of 1976; or (F) other matters where disclosure would seriously threaten national security.
(2) Authority to prohibit audits or investigations: for the information in (1), the Secretary may stop the Inspector General from carrying out or finishing an audit or investigation, from accessing that information, or from issuing a subpoena — even after the Inspector General already decided to do so — if the Secretary determines this is necessary to prevent disclosure, protect national security, or prevent serious harm to U.S. interests.
(3) Notification of exercise of power: if the Secretary uses the power in (1) or (2), the Secretary must notify the Inspector General in writing within 7 days, stating the reasons. Within 30 days of that notice, the Inspector General must send the President of the Senate, the Speaker of the House, and the relevant congressional committees (A) a copy of the notice, and (B) a written response saying whether the Inspector General agrees or disagrees, and why.

(b) Not a Limitation on Congressional Access to Information: The Secretary's power under (a)(2) does not limit Congress's or any committee's right to get any information it seeks.

(c) Authority of Inspector General To Initiate, Conduct, and Supervise Audits and Investigations: Subject to (a) and (b), the Inspector General may start, run, and oversee whatever audits and investigations within the Department the Inspector General thinks are appropriate.

(d) Reports: Any report the Secretary must send to congressional committees under section 405(e) must also go, within that same 7-day period, to the President of the Senate, the Speaker of the House, and the relevant committees.

(e) Oversight Responsibility: No matter what other law says, the Inspector General oversees the internal investigations done by the Office^* of Internal Affairs of the U.S. Customs Service, the Office of Inspections of the U.S. Secret Service, the Bureau of Border Security, and the Bureau of Citizenship and Immigration Services. Each of those offices must promptly report its significant activities to the Inspector General.

(f) Designated Senior Official: (1) In general — the Inspector General must name a senior career official, at least a GS-15 or in the Senior Executive Service, inside the Office of Inspector General to do the jobs in (2). (2) Functions — that official must: (A) coordinate the Office's work on civil rights and civil liberties abuse investigations; (B) receive and review complaints alleging such abuses by Department employees, officials, contractors, or grantees; (C) start investigations into alleged abuses by those same people; (D) make sure Inspector General staff get enough training to investigate civil rights and civil liberties cases well; (E) consult with the Officer for Civil Rights and Civil Liberties about alleged abuses and about policy ideas coming from an investigation; (F) give that Officer the results of civil rights and civil liberties investigations; (G) send matters the Inspector General decides not to investigate to that Officer; (H) make sure the Inspector General's office publicizes and gives easy public access to information on how to file complaints and on the status of corrective actions taken in response to its reports; and (I) tell that Officer about weaknesses, problems, and shortcomings in the Department relating to civil rights or civil liberties.