Sec. 1106. INSPECTOR GENERAL EXTERNAL REVIEW PANEL
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## SEC. 1106 INSPECTOR GENERAL EXTERNAL REVIEW PANEL **[**[50 U.S.C. 3236](/us/usc/t50/s3236)**]** ###
(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 1104; 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 3001(j) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)); 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 1104 or was subjected to a reprisal prohibited by section 3001(j)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (50 U.S.C. 3341(j)(1)), 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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