Amendments Not Shown in Text

This section was derived from section 8H of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appendix to this title, and as it existed as of Oct. 19, 2021. Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–103, div. X, title V, § 502(b), Mar. 15, 2022, 136 Stat. 985, and by Pub. L. 117–263, div. F, title LXVI, § 6609(b), Dec. 23, 2022, 136 Stat. 3560, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4242, 4361. For applicability of those amendments to this section, see section 5(b) of Pub. L. 117–286, set out in a Transitional and Savings Provisions note preceding section 101 of this title.

Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–103 as follows:

(1) in subsection (h)(1) [restated as subsection (a)(2) of this section], by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively (and indenting such clauses accordingly);

(2) by redesignating subsection (h)(1) and (2) [restated as subsection (a)(2) and (1) of this section, respectively] as subparagraphs (A) and (B), respectively (and indenting such subparagraphs accordingly);

(3) in the matter preceding subparagraph (A), as redesignated, by inserting “(1)” before “In this”; and

(4) by adding at the end the following new paragraph:

“(2) Within the executive branch, an Inspector General to whom any complaint or information is reported under this section shall have sole authority to determine whether the complaint or information is a matter of urgent concern under this section.”

Section 8H of Pub. L. 95–452 was amended by Pub. L. 117–263 in subsection (h)(1)(A)(i) by striking “involving” and all that follows through “policy matters.” and inserting “of the Federal Government that is—

“(I) a matter of national security; and

“(II) not a difference of opinion concerning public policy matters.”

Subsection (h)(1)(A)(i) of former section 8H of Pub. L. 95–452 was restated by Pub. L. 117–286 as subsection (a)(2)(A) of this section.

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

416

5 U.S.C. App. (IGA § 8H)

Pub. L. 95–452, § 8H, as added Pub. L. 105–272, title VII, § 702(b)(1), Oct. 20, 1998, 112 Stat. 2415; amended Pub. L. 107–108, title III, § 309(b), Dec. 28, 2001, 115 Stat. 1400; Pub. L. 107–306, title VIII, § 825, Nov. 27, 2002, 116 Stat. 2429; Pub. L. 110–417, [div. A], title IX, § 931(b)(2), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111–259, title IV, § 431(b), Oct. 7, 2010, 124 Stat. 2731; Pub. L. 113–126, title III, § 310, title VI, § 603(a), July 7, 2014, 128 Stat. 1398, 1420; Pub. L. 116–92, div. E, title LXVII, § 6726(c), Dec. 20, 2019, 133 Stat. 2236.

Editorial Notes
References in Text

The Atomic Energy Act of 1954, referred to in subsec. (i)(1), (2)(C)(ii), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapters 12 and 18 of the Act are classified generally to subchapters XI (§ 2161 et seq.) and XVII (§ 2271 et seq.), respectively, of division A of chapter 23 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 42 and Tables.

Executive Order 13526, referred to in subsec. (i)(1), (2)(C)(ii), is Ex. Ord. No. 13526, Dec. 29, 2009, 75 F.R. 707, 1013, which is set out as a note under section 3161 of Title 50, War and National Defense.

Amendments

2024—Subsec. (a)(3). Pub. L. 118–159, § 6701(c)(1), added par. (3).

Subsec. (a)(4). Pub. L. 118–159, § 6702(c)(1), added par. (4).

Subsec. (b)(1). Pub. L. 118–159, § 6701(c)(2)(A), (B), inserted “; support for written submission” after “made” in heading and “in writing” after “may report the complaint or information” wherever appearing in text.

Subsec. (b)(1)(B). Pub. L. 118–159, § 6701(c)(2)(C), inserted “in writing” after “such complaint or information”.

Subsec. (b)(1)(E). Pub. L. 118–159, § 6701(c)(2)(D), added subpar. (E).

Subsec. (c). Pub. L. 118–159, § 6701(c)(3), added pars. (1) and (2), redesignated former par. (2) as (3), and struck out former par. (1) which required the Inspector General to determine the credibility of the complaint or information.

Subsec. (i). Pub. L. 118–159, § 6702(c)(2), added subsec. (i).