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5 U.S.C. § 407 — Complaints by employees

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 407 — Complaints by employees

**(a) Receipt and Investigation.—** The Inspector General may receive and investigate complaints or information from an employee of the establishment concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. **(b) Prohibition on Disclosure of Identity.—** The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines the disclosure is unavoidable during the course of the investigation. **(c) Prohibition on Reprisal.—** Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

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Stable record: federal_law:legal_authorities:record_usc_3e3bc9434f5cce458d4b3e44
Source file: Laws/federal/codes/united-states-code/title-5/section-407-complaints-by-employees--1c543162da.md
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Source location: Title 5, Chapter 4, § 407; chapter-004-inspectors-general.md

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**(a) Receipt and Investigation.—** The Inspector General may receive and investigate complaints or information from an employee of the establishment concerning the possible existence of an activity constituting a violation of law, rules, or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to the public health and safety. **(b) Prohibition on Disclosure of Identity.—** The Inspector General shall not, after receipt of a complaint or information from an employee, disclose the identity of the employee without the consent of the employee, unless the Inspector General determines the disclosure is unavoidable during the course of the investigation. **(c) Prohibition on Reprisal.—** Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to that authority, take or threaten to take any action against any employee as a reprisal for making a complaint or disclosing information to an Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

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Federal law — U.S. Code and appendices · legal_authorities

15 U.S.C. § 657 — Oversight of regulatory enforcement

**(a) Definitions** For purposes of this section, the term— (1) “Board” means a Regional Small Business Regulatory Fairness Board established under subsection (c); and (2) “Ombudsman” means the Small Business and Agriculture Regulatory Enforcement Ombudsman designated under subsection (b). **(b) SBA Enforcement Ombudsman** (1) Not later than 180 days after March 29, 1996, the Administrator shall designate a Small Business and Agriculture Regulatory Enforcement Ombudsman, who shall report directly to the Administrator, utilizing personnel of the Small Business Administration to the extent practicable. Other agencies shall assist the Ombudsman and take actions as necessary to ensure compliance with the requirements of this section. Nothing in this section is intended to replace or diminish the activities of any Ombudsman or similar office in any other agency. (2) The Ombudsman shall— (A) work with each agency with regulatory authority over small businesses to ensure that small business concerns that receive or are subject to an audit, on-site inspection, compliance assistance effort, or other enforcement related communication or contact by agency personnel are provided with a means to comment on the enforcement activity conducted by such personnel; (B) establish means to receive comments from small business concerns regarding actions by agency employees conducting compliance or enforcement activities with respect to the small business concern, means to refer comments to the Inspector General of the affected agency in the appropriate circumstances, and otherwise seek to maintain the identity of the person and small business concern making such comments on a confidential basis to the same extent as employee identities are protected under [section 407 of title 5](

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 408 — Additional provisions with respect to the Inspector General of the Department of Defense

**(a) Inspector General.—** A member of the Armed Forces, active or reserve, shall not be appointed Inspector General of the Department of Defense. **(b) Authority of Secretary of Defense.—** (1) **In general.—** — Notwithstanding the last two sentences of [section 403(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section403/a&num=0&edition=prelim), the Inspector General shall be under the authority, direction, and control of the Secretary of Defense with respect to audits or investigations, or the issuance of subpoenas, which require access to information 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) **Authority to prohibit audit or investigation.—** — 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, from accessing information described in paragraph (1), or from issuing any subpoena, after the Inspector General has decided to initiate, carry out, or complete such audit or investigation, access such information, 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) **Statement concerning exercise of power.—** — If the Secretary of Defense exercises any power under paragraph (1) or (2), the Inspector General shall submit a statement concerning that exercise of power within 30 days to t

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 407 — Complaints by employees

Page 49 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 407 Pub. L. 117–263, div. E, title LII, §§ 5261, 5272(2), Dec. 23, 2022, 136 Stat. 3238, 3239, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4218, 4361. For applicability of those amend- ments 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 6 of Pub. L. 95–452 was amended as follows: (1) in subsection (c), by adding at the end the following: ‘‘(3) If the information or assistance that is the subject of a report under paragraph (2) is not pro- vided to the Inspector General by the date that is 30 days after the report is made, the Inspector General shall submit a notice that the information or assistance requested has not been provided by the head of the establishment involved or the head of the Federal agency involved, as applica- ble, to the appropriate congressional commit- tees.’’; and (2) in subsection (h)(4)— (A) in subparagraph (B), by striking ‘‘Gov- ernment’’; and (B) by amending subparagraph (C) to read as follows: ‘‘(C) Any other relevant congressional com- mittee or subcommittee of jurisdiction.’’ The word ‘‘Government’’ did not appear be- fore ‘‘Reform’’ in the text of subsection (h)(4)(B) as enacted by Pub. L. 117–286. See Historical and Revision note below. For definition of ‘‘appropriate congressional committees’’ as seen in the above amendment by Pub. L. 117–263, see Amendments Not Shown in Text note set out under section 401 of this title. HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 406 ............. 5 U.S.C. App. (IGA § 6) Pub. L. 95–452, § 6, Oct. 12,

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