Secrecy News

IC Inspector General Oversees the Intelligence Community

Updated below

The Intelligence Community Inspector General (IC IG) received a tip last year that the Intelligence Community might have assembled a database containing US person data in violation of law and policy.

“A civilian employee with the Army Intelligence and Security Command made an IC IG Hotline complaint alleging an interagency data repository, believed to be comprised of numerous intelligence and non-intelligence sources, improperly included U.S. person data,” the IC IG wrote. “The complainant also reported he conducted potentially improper searches of the data repository to verify the presence of U.S. persons data. We are researching this claim.”

The resolution of that complaint concerning improper collection of U.S. person data was not disclosed. But the IC IG evidently found it credible enough to justify a rare report to the White House Intelligence Oversight Board (IOB).

Update, 12/04/14: The IC IG said it did not corroborate the complaint. “We researched this allegation to determine whether the data repository was operating with sufficient internal controls to provide reasonable assurance that the collection, retention and dissemination of information complied with applicable laws, executive orders, policies, and regulations. We reached a preliminary conclusion that this was the case and thus had no basis for further review.” The case was closed on June 4, 2014.

The report to the IOB was noted in the IC Inspector General’s Semi-Annual report for October 2013 to March 2014 that was released this week (in redacted form) under the Freedom of Information Act.

The IC Inspector General, I. Charles McCullough III, has oversight responsibility both for the Office of the Director of National Intelligence (ODNI) and for the Intelligence Community as a whole (but not for its individual member agencies). In addition to monitoring compliance with the law, the IC IG deals with a broad range of administrative, budgetary and personnel issues, several of which are described in the new report.

So, for example, “[An intelligence] contractor misconduct investigation substantiated that a contractor employee routinely misused government equipment and systems to engage in inappropriate and prurient Internet chat over an extended period of time.”

Judging from the Semi-Annual Reports, the IG is also capable of challenging senior ODNI leadership when there is cause to do so.

“An ODNI Senior Official engaged in conduct unbecoming a federal employee while on TDY [temporary duty] conducting official ODNI business,” according to the Semi-Annual Report for March-September 2013, which was also released this week.

“The Senior Official exhibited poor personal judgment that created circumstances which reflected poorly on the ODNI and potentially impaired his ability to perform his duties,” the IG report said. The case was referred to the ODNI Chief Management Officer, but further details such as the identity of the Senior Official were not divulged.

In the concentric circles of U.S. intelligence oversight, Inspectors General are close to the center — receiving allegations, interviewing witnesses, formulating responses, and taking appropriate action.

Though heavily redacted, the new Semi-Annual Reports include multiple points of interest, including these:

**    During the six-month period ending in March 2014, the IC IG processed 5 whistleblower complaints of waste, fraud or abuse, 3 “urgent concern” complaints, 2 requests for external review under the provisions of Presidential Policy Directive 19, and 1 whistleblower reprisal complaint. The outcomes of these cases were not described.

**    During the six-month period ending September 2013, the IC IG investigated two cases of unauthorized disclosures, neither of which was substantiated. There were no such investigations in the following six-month period.

**    “ODNI does not have a policy or process for notifying CIA Covert Capabilities Center when an employee or detailee separates from ODNI or is reassigned,” the IC IG reported. The CIA “Covert Capabilities Center” is not a familiar entity.

**    “An adverse work environment exists” in the IC Equal Employment Opportunity and Diversity Office.

**    In the six-month period ending last March, the IC IG complaint hotline “received 135 contacts, 48 internal contacts and 87 external contacts from the general public. ”

**    And while most ODNI and IC employees are directed to have no contacts with the media without prior authorization, the IC Inspector General made special arrangements for himself and his staff:  “We worked with PAO [ODNI Public Affairs Office] so they understood the need for the IC IG to work independently with media contacts to preserve IC IG objectivity and independence.”

In a four-part series this week, the Washington Examiner reported allegations that some agency Inspectors General are improperly subservient to, and protective of, their agency leadership.