50 USC § 3236 - Inspector General external review panel

# § 3236. Inspector General external review panel

**(a)** **Request for review** An individual with a claim described in subsection (b) may submit to the Inspector General of the Intelligence Community a request for a review of such claim by an external review panel convened under subsection (c).

**(b)** **Claims and individuals described** A claim described in this subsection is any—

**(1)** claim by an individual—

**(A)** that the individual has been subjected to a personnel action that is prohibited under section 3234 of this title; and

**(B)** who has exhausted the applicable review process for the claim pursuant to enforcement of such section; or

**(2)** claim by an individual—

**(A)** that he or she has been subjected to a reprisal prohibited by paragraph (1) of section 3341(j) of this title; and

**(B)** who received a decision on an appeal regarding that claim under paragraph (4) of such section.

**(c)** **External review panel convened**

**(1)** **Discretion to convene** Upon receipt of a request under subsection (a) regarding a claim, the Inspector General of the Intelligence Community may, at the discretion of the Inspector General, convene an external review panel under this subsection to review the claim.

**(2)** **Membership**

**(A)** **Composition** An external review panel convened under this subsection shall be composed of three members as follows:

**(i)** The Inspector General of the Intelligence Community.

**(ii)** Except as provided in subparagraph (B), two members selected by the Inspector General as the Inspector General considers appropriate on a case-by-case basis from among inspectors general of the following:

**(I)** The Department of Defense.

**(II)** The Department of Energy.

**(III)** The Department of Homeland Security.

**(IV)** The Department of Justice.

**(V)** The Department of State.

**(VI)** The Department of the Treasury.

**(VII)** The Central Intelligence Agency.

**(VIII)** The Defense Intelligence Agency.

**(IX)** The National Geospatial-Intelligence Agency.

**(X)** The National Reconnaissance Office.

**(XI)** The National Security Agency.

**(B)** **Limitation** An inspector general of an agency may not be selected to sit on the panel under subparagraph (A)(ii) to review any matter relating to a decision made by such agency.

**(C)** **Chairperson**

**(i)** **In general** Except as provided in clause (ii), the chairperson of any panel convened under this subsection shall be the Inspector General of the Intelligence Community.

**(ii)** **Conflicts of interest** If the Inspector General of the Intelligence Community finds cause to recuse himself or herself from a panel convened under this subsection, the Inspector General of the Intelligence Community shall—

**(I)** select a chairperson from inspectors general of the elements listed under subparagraph (A)(ii) whom the Inspector General of the Intelligence Community considers appropriate; and

**(II)** notify the congressional intelligence committees of such selection.

**(3)** **Period of review** Each external review panel convened under this subsection to review a claim shall complete review of the claim no later than 270 days after the date on which the Inspector General convenes the external review panel.

**(d)** **Remedies**

**(1)** **Panel recommendations** If an external review panel convened under subsection (c) determines, pursuant to a review of a claim submitted by an individual under subsection (a), that the individual was the subject of a personnel action prohibited under section 3234 of this title or was subjected to a reprisal prohibited by section 3341(j)(1) of this title, the panel may recommend that the agency head take corrective action—

**(A)** in the case of an employee or former employee—

**(i)** to return the employee or former employee, as nearly as practicable and reasonable, to the position such employee or former employee would have held had the reprisal not occurred; or

**(ii)** reconsider the employee’s or former employee’s eligibility for access to classified information consistent with national security; or

**(B)** in any other case, such other action as the external review panel considers appropriate.

**(2)** **Agency action**

**(A)** **In general** Not later than 90 days after the date on which the head of an agency receives a recommendation from an external review panel under paragraph (1), the head shall—

**(i)** give full consideration to such recommendation; and

**(ii)** inform the panel and the Director of National Intelligence of what action the head has taken with respect to the recommendation.

**(B)** **Failure to inform** The Director shall notify the President of any failures to comply with subparagraph (A)(ii).

**(e)** **Annual reports**

**(1)** **In general** Not less frequently than once each year, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees and the Director of National Intelligence a report on the activities under this section during the previous year.

**(2)** **Contents** Subject to such limitations as the Inspector General of the Intelligence Community considers necessary to protect the privacy of an individual who has made a claim described in subsection (b), each report submitted under paragraph (1) shall include, for the period covered by the report, the following:

**(A)** The determinations and recommendations made by the external review panels convened under this section.

**(B)** The responses of the heads of agencies that received recommendations from the external review panels.

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**Source Credit**: (July 26, 1947, ch. 343, title XI, § 1106, as added Pub. L. 116–92, div. E, title LIII, § 5332(a)(1), Dec. 20, 2019, 133 Stat. 2137.)