§ 3236. Inspector General external review panel

• (a) 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) 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)
  • (1) 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)
    • (A) 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) 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)
      • (i) 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) 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) 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)
  • (1) 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)
    • (A) 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) The Director shall notify the President of any failures to comply with subparagraph (A)(ii).
• (e)
  • (1) 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) 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.