Page:United States Statutes at Large Volume 96 Part 1.djvu/793

 PUBLIC LAW 97-252—SEPT. 8, 1982 "(C) of the Department of Defense, the offices of that department referred to as the 'Defense Audit Service' and the 'Office of Inspector General, Defense Logistics Agency', and that portion of the office of that department referred to as the 'Defense Investigative Service' which has responsibility for the investigation of alleged criminal violations;"; (4) by inserting "Defense," after "Commerce," in section 11(1); and (5) by inserting "Defense," after "Commerce," in section 11(2). (b) Section 8 of the Inspector General Act of 1978 is amended to read as follows:

96 STAT. 751

5 USC app.

5 USC app.

ADDITIONAL PROVISIONS WITH RESPECT TO THE INSPECTOR GENERAL OF THE DEPARTMENT OF DEFENSE

"SEC. 8. (a) No member of the Armed Forces, active or reserve, 5 USC app. shall be appointed Inspector General of the Department of Defense. "(b)(1) Notwithstanding the last two sentences of section 3(a), the Inspector General shall be under the authority, direction, and 5 USC app. control of the Secretary of Defense with respect to audits or investi- Audits, gations, or the issuance of subpoenas, which require access to infor- investigations, or subpoenas. mation concerning— "(A) sensitive operational plans; "(B) intelligence matters; "(C) counterintelligence matters; "(D) ongoing criminal investigations by other administrative units of the Department of Defense related to national security; or "(E) other matters the disclosure of which would constitute a serious threat to national security. "(2) With respect to the information described in paragraph (1) the Secretary of Defense may prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation, or from issuing any subpoena, after the Inspector General has decided to initiate, carry out or complete such audit or investigation or to issue such subpoena, if the Secretary determines that such prohibition is necessary to preserve the national security interests of the United States. "(3) If the Secretary of Defense exercises any power under paragraph (1) or (2), the Inspector General shall submit a statement Submittal to concerning such exercise within thirty days to the Committees on congressional Armed Services and Governmental Affairs of the Senate and the committees. Committees on Armed Services and Government Operations of the House of Representatives and to other appropriate committees or subcommittees of the Congress. "(4) The Secretary shall, within thirty days after submission of a statement under paragraph (3), transmit a statement of the reasons Statement of for the exercise of power under paragraph (1) or (2) to the Commit- reasons; to tees on Armed Services and Governmental Affairs of the Senate and transmittal congressional the Committees on Armed Services and Government Operations of committees. the House of Representatives and to other appropriate committees or subcommittees. "(c) In addition to the other duties and responsibilities specified in Duties and this A,"t, the Inspector General of the Department of Defense shall— responsibilities. "(1) be the principal adviser to the Secretary of Defense for matters relating to the prevention and detection of fraud, waste, and abuse in the programs and operations of the Department;

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