5 U.S.C. § 419 — Special provisions concerning overseas

Page 81 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 419 1 See References in Text note below. Statutory Notes and Related Subsidiaries REVIEW OF DEPARTMENTAL CONTRACTS AWARDED THROUGH MEANS OTHER THAN FULL AND OPEN COM- PETITION Pub. L. 113–6, div. D, title V, § 520(d), Mar. 26, 2013, 127 Stat. 370, provided that: ‘‘In addition to the require- ments established by subsections (a), (b), and (c) of this section [127 Stat. 369, 370], the Inspector General of the Department of Homeland Security shall review depart- mental contracts awarded through means other than a full and open competition to assess departmental com- pliance with applicable laws and regulations: Provided, That the Inspector General shall review selected con- tracts awarded in the previous 3 fiscal years through means other than a full and open competition: Provided further, That in selecting which contracts to review, the Inspector General shall consider the cost and com- plexity of the goods and services to be provided under the contract, the criticality of the contract to fulfilling Department missions, past performance problems on similar contracts or by the selected vendor, complaints received about the award process or contractor per- formance, and such other factors as the Inspector Gen- eral deems relevant: Provided further, That the Inspec- tor General shall report the results of the reviews to the Committees on Appropriations of the Senate and the House of Representatives no later than February 4, 2015, and every 3 years thereafter.’’ REPORT ON DATA COLLECTION Pub. L. 110–329, div. D, title V, § 518(b), Sept. 30, 2008, 122 Stat. 3684, provided that: ‘‘The Inspector General shall provide to the Committees on Appropriations of the Senate and the House of Representatives, starting six months after the date of enactment of this Act [Sept. 30, 2008], and quarterly thereafter, a classified re- port containing a review of the data collected by the National Applications Office, including a description of the collection purposes and the legal authority under which the collection activities were authorized: Pro- vided, That the report shall also include a listing of all data collection activities carried out on behalf of the National Applications Office by any component of the National Guard.’’ § 418. Rule of construction of special provisions The special provisions under section 408, 409, 410, 411, 412, 413, 414, 416, or 421 of this title relate only to the establishment named in such section and no inference shall be drawn from the pres- ence or absence of a provision in any such sec- tion with respect to an establishment not named in such section or with respect to a designated Federal entity as defined under section 415(a) of this title. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4247.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 418 ............. 5 U.S.C. App. (IGA § 8J) Pub. L. 95–452, § 8J, formerly § 8F, as added Pub. L. 100–504, title I, § 105, Oct. 18, 1988, 102 Stat. 2525; re- numbered § 8G and amend- ed Pub. L. 103–82, title II, § 202(g)(1), (5)(B), Sept. 21, 1993, 107 Stat. 889, 890; re- numbered § 8H, Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 662(b)(3)], Sept. 30, 1996, 110 Stat. 3009–314, 3009–380; Pub. L. 105–206, title I, § 1103(e)(3), July 22, 1998, 112 Stat. 709; renumbered § 8I and amended Pub. L. 105–272, title VII, § 702(b), Oct. 20, 1998, 112 Stat. 2415; renumbered § 8J, Pub. L. 108–7, div. L, § 104(b)(2), Feb. 20, 2003, 117 Stat. 529; Pub. L. 114–317, § 6(6), Dec. 16, 2016, 130 Stat. 1604. § 419. Special provisions concerning overseas contingency operations (a) ADDITIONAL RESPONSIBILITIES OF CHAIR OF COUNCIL OF INSPECTORS GENERAL ON INTEGRITY AND EFFICIENCY.—The Chair of the Council of In- spectors General on Integrity and Efficiency (CIGIE) shall, in consultation with the members of the Council, have the additional responsibil- ities specified in subsection (b) with respect to the Inspectors General specified in subsection (c) upon the earlier of— (1) the commencement or designation of a military operation as an overseas contingency operation that exceeds 60 days; or (2) receipt of a notification under section 113(n) 1 of title 10 with respect to an overseas contingency operation. (b) SPECIFIC RESPONSIBILITIES.—The respon- sibilities specified in this subsection are the fol- lowing: (1) DESIGNATE LEAD INSPECTOR GENERAL.—In consultation with the Inspectors General spec- ified in subsection (c), to designate a lead In- spector General in accordance with subsection (d) to discharge the authorities of the lead In- spector General for the overseas contingency operation concerned as set forth in subsection (d). (2) RESOLVE CONFLICTS OF JURISDICTION.—To resolve conflicts of jurisdiction among the In- spectors General specified in subsection (c) on investigations, inspections, and audits with respect to such contingency operation in ac- cordance with subsection (d)(2)(B). (3) IDENTIFY OFFICE PERSONNEL.—To assist in identifying for the lead inspector general for such contingency operation, Inspectors Gen- eral and inspector general office personnel available to assist the lead Inspector General and the other Inspectors General specified in subsection (c) on matters relating to such con- tingency operation. Page 82 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 419 2 So in original. Probably should be ‘‘overseas’’. (c) INSPECTORS GENERAL.—The Inspectors Gen- eral specified in this subsection are the Inspec- tors General as follows: (1) The Inspector General of the Department of Defense. (2) The Inspector General of the Department of State. (3) The Inspector General of the United States Agency for International Development. (d) LEAD INSPECTOR GENERAL FOR OVERSEAS CONTINGENCY OPERATION.— (1) DESIGNATION.—A lead Inspector General for an overseas contingency operation shall be designated by the Chair of the Council of In- spectors General on Integrity and Efficiency under subsection (b)(1) not later than 30 days after the earlier of— (A) the commencement or designation of the military operation concerned as an overeas 2 contingency operation that exceeds 60 days; or (B) receipt of a notification under section 113(n) 1 of title 10 with respect to an overseas contingency operation. The lead Inspector General for a contingency op- eration shall be designated from among the In- spectors General specified in subsection (c). (2) RESPONSIBILITIES.—The lead Inspector General for an overseas contingency operation shall have the following responsibilities: (A) APPOINT ASSOCIATE INSPECTOR GEN- ERAL.—To appoint, from among the offices of the other Inspectors General specified in subsection (c), an Inspector General to act as associate Inspector General for the contin- gency operation who shall act in a coordi- nating role to assist the lead Inspector Gen- eral in the discharge of responsibilities under this subsection. (B) STRATEGIC PLAN TO CONDUCT COM- PREHENSIVE OVERSIGHT.—To develop and carry out, in coordination with the offices of the other Inspectors General specified in subsection (c), a joint strategic plan to con- duct comprehensive oversight over all as- pects of the contingency operation and to ensure through either joint or individual au- dits, inspections, and investigations, inde- pendent and effective oversight of all pro- grams and operations of the Federal Govern- ment in support of the contingency oper- ation. (C) ACCURACY OF INFORMATION.—To review and ascertain the accuracy of information provided by Federal agencies relating to ob- ligations and expenditures, costs of pro- grams and projects, accountability of funds, and the award and execution of major con- tracts, grants, and agreements in support of the contingency operation. (D) JURISDICTIONAL MATTERS.— (i) NO INSPECTOR GENERAL WITH PRINCIPAL JURISDICTION.—If none of the Inspectors General specified in subsection (c) has principal jurisdiction over a matter with respect to the contingency operation, to identify and coordinate with the Inspector General who has principal jurisdiction over the matter to ensure effective over- sight. (ii) MORE THAN ONE INSPECTOR GENERAL WITH JURISDICTION.—If more than one of the Inspectors General specified in sub- section (c) has jurisdiction over a matter with respect to the contingency operation, to determine principal jurisdiction for dis- charging oversight responsibilities in ac- cordance with this chapter with respect to such matter. (iii) INVESTIGATIONS.— (I) REQUEST BY INSPECTOR GENERAL WITH PRINCIPAL JURISDICTION.—Upon written request by the Inspector General with principal jurisdiction over a matter with respect to the contingency oper- ation, and with the approval of the lead Inspector General, an Inspector General specified in subsection (c) may provide investigative support or conduct an inde- pendent investigation of an allegation of criminal activity by any United States personnel, contractor, subcontractor, grantee, or vendor in the applicable the- ater of operations. (II) NO INSPECTOR GENERAL WITH PRIN- CIPAL JURISDICTION.—In the case of a de- termination by the lead Inspector Gen- eral that no Inspector General has prin- cipal jurisdiction over a matter with re- spect to the contingency operation, the lead Inspector General may— (aa) conduct an independent inves- tigation of an allegation described in subclause (I); or (bb) request that an Inspector Gen- eral specified in subsection (c) conduct such investigation. (E) PERSONNEL.—To employ, or authorize the employment by the other Inspectors General specified in subsection (c), on a tem- porary basis using the authorities in section 3161 of this title (without regard to sub- section (b)(2) of that section), such auditors, investigators, and other personnel as the lead Inspector General considers appropriate to assist the lead Inspector General and such other Inspectors General on matters relating to the contingency operation. (F) REPORT ON ACTIVITY.—To submit to Congress on a bi-annual basis, and to make available on an internet website available to the public, a report on the activities of the lead Inspector General and the other Inspec- tors General specified in subsection (c) with respect to the contingency operation, in- cluding— (i) the status and results of investiga- tions, inspections, and audits and of refer- rals to the Department of Justice; and (ii) overall plans for the review of the contingency operation by inspectors gen- eral, including plans for investigations, in- spections, and audits. (G) REPORT ON CONTINGENCY OPERATION.— To submit to Congress on a quarterly basis, and to make available on an Internet website available to the public, a report on the contingency operation. Page 83 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 419 3 So in original. (H) OTHER RESPONSIBILITIES.—To carry out such other responsibilities relating to the coordination and efficient and effective dis- charge by the Inspectors General specified in subsection (c) of duties relating to the con- tingency operation as the lead Inspector General shall specify. (I) ENHANCING COOPERATION.—To enhance cooperation among Inspectors General and encourage comprehensive oversight of the contingency operation, any Inspector Gen- eral responsible for conducting oversight of any program or operation performed in sup- port of the contingency operation may, to the maximum extent practicable and con- sistent with the duties, responsibilities, poli- cies, and procedures of that Inspector Gen- eral— (i) coordinate such oversight activities with the lead Inspector General; and (ii) provide information requested by the lead Inspector General relating to the re- sponsibilities of the lead Inspector General described in subparagraphs (B), (C), and (G). (3) EMPLOYMENT OF ANNUITANTS.— (A) IN GENERAL.—The lead Inspector Gen- eral for an overseas contingency operation may employ, or authorize the employment by the other Inspectors General specified in subsection (c) of, annuitants covered by sec- tion 9902(g) of this title, for purposes of as- sisting the lead Inspector General in dis- charging responsibilities under this sub- section with respect to the contingency op- eration. (B) DEEMED DEPARTMENT OF DEFENSE.—The employment of annuitants under this para- graph shall be subject to the provisions of section 9902(g) of this title as if the lead In- spector General concerned was the Depart- ment of Defense. (C) FOREIGN SERVICE ANNUITANTS.— (i) CONTINUANCE OF ANNUITY.—An annu- itant receiving an annuity under the For- eign Service Retirement and Disability System or the Foreign Service Pension System under chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) who is reemployed under this sub- section— (I) shall continue to receive the annu- ity; and (II) shall not be considered a partici- pant for purposes of chapter 8 of title I of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) or an employee for purposes of subchapter III of chapter 83 or chapter 84 of this title. (ii) ELECTION REGARDING REEMPLOY- MENT.—An annuitant described in clause (i) may elect in writing for the reemploy- ment of the annuitant under this sub- section to be subject to section 824 of the Foreign Service Act of 1980 (22 U.S.C. 4064). A reemployed annuitant shall make an election under this clause not later than 90 days after the date of the reemployment of the annuitant. (4) DISCHARGE OF RESPONSIBILITIES IN AC- CORDANCE WITH CHAPTER.—The lead Inspector General for an overseas contingency operation shall discharge the responsibilities for the contingency operation under this subsection in a manner consistent with the authorities and requirements of this chapter generally and the authorities and requirements applica- ble to the Inspectors General specified in sub- section (c) under this chapter. (5) CCOMPETITIVE 3 STATUS FOR APPOINT- MENT.— (A) IN GENERAL.—A person employed by a lead Inspector General for an overseas con- tingency operation under this section shall acquire competitive status for appointment to any position in the competitive service for which the employee possesses the re- quired qualifications upon the completion of 2 years of continuous service as an employee under this section. (B) LIMITATION.—No person who is first employed as described in subparagraph (A) more than 10 years after December 19, 2019,1 may acquire competitive status under sub- paragraph (A). (e) SUNSET FOR PARTICULAR CONTINGENCY OP- ERATIONS.—The requirements and authorities of this section with respect to an overseas contin- gency operation shall cease at the end of the first fiscal year after the commencement or des- ignation of the contingency operation in which the total amount appropriated for the contin- gency operation is less than $100,000,000. (f) CONSTRUCTION OF AUTHORITY.—Nothing in this section shall be construed to limit the abil- ity of the Inspectors General specified in sub- section (c) to enter into agreements to conduct joint audits, inspections, or investigations in the exercise of their oversight responsibilities in accordance with this chapter with respect to overseas contingency operations. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4247; Pub. L. 118–31, div. A, title XI, § 1106, Dec. 22, 2023, 137 Stat. 427; Pub. L. 118–159, div. E, title LVII, § 5704, Dec. 23, 2024, 138 Stat. 2466.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 8L of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appen- dix to this title, and as it existed as of Oct. 19, 2021. Section 8L of Pub. L. 95–452 was amended by Pub. L. 117–81, div. E, title LIII, § 5321, Dec. 27, 2021, 135 Stat. 2368, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4247, 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 8L of Pub. L. 95–452 was amended in subsection (d)(5)(A) by substituting ‘‘any of the Inspectors General specified in subsection (c) for oversight of’’ for ‘‘a lead Inspector General for’’. Page 84 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 419 HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 419 ............. 5 U.S.C. App. (IGA Sec. 8L) Pub. L. 95–452, § 8L, as added Pub. L. 112–239, div. A, title VIII, § 848(2), Jan. 2, 2013, 126 Stat. 1851; Pub. L. 116–92, div. A, title XVII, §§ 1732(b) through 1734, Dec. 20, 2019, 133 Stat. 1817, 1818. In subsection (d)(5)(B), the date ‘‘December 19, 2019’’ is substituted for ‘‘the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2020’’ for clarity. Editorial Notes REFERENCES IN TEXT Section 113(n) of title 10, referred to in subsecs. (a)(2) and (d)(1)(B), was redesignated section 113(o) of title 10 by Pub. L. 116–283, div. A, title V, § 551(a)(1)(C), Jan. 1, 2021, 134 Stat. 3628. The Foreign Service Act of 1980, referred to in subsec. (d)(3)(C)(i), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071. Chapter 8 of title I of the Act is classified generally to part I (§ 4041 et seq.) of subchapter VIII of chapter 52 of Title 22, Foreign Relations and Intercourse. For com- plete classification of this Act to the Code, see Short Title note set out under section 3901 of Title 22 and Ta- bles. December 19, 2019, referred to in subsec. (d)(5)(B), probably should be ‘‘December 20, 2019’’. Prior to repeal and restatement as this section, the source section re- ferred instead to ‘‘the date of the enactment of the Na- tional Defense Authorization Act for Fiscal Year 2020’’, which Act was approved Dec. 20, 2019. See Historical and Revision note above. AMENDMENTS 2024—Subsec. (d)(5)(B). Pub. L. 118–159 substituted ‘‘10 years’’ for ‘‘5 years’’. 2023—Subsec. (d)(5)(B). Pub. L. 118–31 substituted ‘‘5 years’’ for ‘‘2 years’’. Statutory Notes and Related Subsidiaries OVERSIGHT OF PROGRAMS AND OPERATIONS FUNDED WITH AMOUNTS APPROPRIATED BY THE UNITED STATES FOR UKRAINE Pub. L. 118–31, div. A, title XII, § 1250B(a)–(h), Dec. 22, 2023, 137 Stat. 465–467, provided that: ‘‘(a) SPECIAL INSPECTOR GENERAL FOR OPERATION AT- LANTIC RESOLVE.— ‘‘(1) IN GENERAL.—Subject to the requirements of this section, the President, acting through the Chair of the Council of the Inspectors General on Integrity and Efficiency, shall maintain the position of the Lead Inspector General for Operation Atlantic Re- solve in accordance with section 419 of title 5, United States Code. ‘‘(2) REDESIGNATION.— ‘‘(A) IN GENERAL.—The title of the position of the Lead Inspector General for Operation Atlantic Re- solve is hereby redesignated as the ‘Special Inspec- tor General for Operation Atlantic Resolve’ (in this section referred to as the ‘Special Inspector Gen- eral’). ‘‘(B) REFERENCES.—Any reference in law, regula- tion, document, paper, or other record of the United States to the Lead Inspector General for Operation Atlantic Resolve shall be deemed to be a reference to the Special Inspector General for Operation At- lantic Resolve. ‘‘(b) BRIEFINGS.—Upon request by the Chair or Rank- ing Member of an appropriate committee of Congress, not later than 30 days after receiving the request, the Special Inspector General shall to the extent prac- ticable provide a briefing to such committee on the ac- tivities of the Special Inspector General with respect to programs and operations funded with amounts appro- priated by the United States for Ukraine. ‘‘(c) PUBLICATION OF ACCOUNTING OF UNITED STATES ASSISTANCE FOR UKRAINE.—Not later than 45 days after the date of the enactment of this Act [Dec. 22, 2023], and every 90 days thereafter, the President shall pub- lish on a publicly available website of the United States Government a comprehensive accounting of un- classified amounts appropriated by the United States for Ukraine. ‘‘(d) QUARTERLY REPORTS.— ‘‘(1) IN GENERAL.—Not later than 45 days after the end of each fiscal-year quarter, the Special Inspector General shall submit to the appropriate committees of Congress a report summarizing, with respect to that quarter and, to the extent possible, the period beginning on the date on which such quarter ends and ending on the date on which the report is submitted, the activities of the Special Inspector General with respect to programs and operations funded with amounts appropriated by the United States for Ukraine for— ‘‘(A) security, economic, and humanitarian assist- ance to Ukraine and other countries affected by the war; ‘‘(B) United States European Command oper- ations and related support for the United States military; and ‘‘(C) operations of other relevant United States Government agencies involved in the Ukraine re- sponse, as appropriate. ‘‘(2) ELEMENTS.—Each report required by paragraph (1) shall include, for the period covered by the re- port— ‘‘(A) a description of any waste, fraud, or abuse identified by the Inspectors General with respect to programs and operations funded with amounts ap- propriated by the United States for Ukraine; ‘‘(B) a description of the status and results of— ‘‘(i) investigations, inspections, and audits; and ‘‘(ii) referrals to the Department of Justice; and ‘‘(C) a description of the overall plans for review by the Inspectors General of such support of Ukraine, including plans for investigations, inspec- tions, and audits. ‘‘(3) AVAILABILITY.—The Special Inspector General shall publish on a publicly available website the un- classified form of each report required by paragraph (1). ‘‘(4) FORM.—Each report required by paragraph (1) shall be submitted in unclassified form, but may in- clude a classified annex if the Special Inspector Gen- eral considers it necessary. ‘‘(e) RULE OF CONSTRUCTION.—Nothing in this section may be construed to limit the Special Inspector Gen- eral from exercising all authorities and discharging all responsibilities granted to the Lead Inspector General for Operation Atlantic Resolve in accordance with sec- tion 419 of title 5, United States Code, in the exercise of oversight responsibilities for Operation Atlantic Re- solve generally and under this section with respect to Ukraine. ‘‘(f) SUNSET.—The requirements and authorities of this section with respect to the Special Inspector Gen- eral shall cease in accordance with the sunset provi- sions for the Lead Inspector General for Operation At- lantic Resolve pursuant to section 419(f) [probably should be ‘‘419(e)’’] of title 5, United States Code. ‘‘(g) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Appropriations, the Com- mittee on Armed Services, the Committee on For- eign Relations, and the Committee on Homeland Security and Governmental Affairs of the Senate; and ‘‘(B) the Committee on Appropriations, the Com- mittee on Armed Services, the Committee on For- Page 85 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 421 eign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. ‘‘(2) The term ‘Inspectors General’ means the fol- lowing: ‘‘(A) The Inspector General of the Department of Defense. ‘‘(B) The Inspector General of the Department of State. ‘‘(C) The Inspector General of the United States Agency for International Development. ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated for fiscal year 2024 $8,000,000 to carry out this section.’’ § 420. Information on websites of Offices of In- spectors General (a) DIRECT LINKS TO INSPECTORS GENERAL OF- FICES.— (1) IN GENERAL.—Each Federal agency and designated Federal entity shall establish and maintain on the homepage of the website of that Federal agency or designated Federal en- tity, a direct link to the website of the Office of the Inspector General of that Federal agen- cy or designated Federal entity. (2) ACCESSIBILITY.—The direct link under paragraph (1) shall be obvious and facilitate accessibility to the website of the Office of the Inspector General. (b) REQUIREMENTS FOR INSPECTORS GENERAL WEBSITES.— (1) POSTING OF REPORTS AND AUDITS.—The In- spector General of each Federal agency and designated Federal entity shall— (A) not later than 3 days after any audit report, inspection report, or evaluation re- port (or portion of any such report) is sub- mitted in final form to the head of the Fed- eral agency or the head of the designated Federal entity, as applicable, post that re- port (or portion of that report) on the website of the Office of Inspector General; and (B) ensure that any posted report (or por- tion of that report) described under subpara- graph (A)— (i) is easily accessible from a direct link on the homepage of the website of the Of- fice of the Inspector General; (ii) includes a summary of the findings of the Inspector General; and (iii) is in a format that— (I) is searchable and downloadable; and (II) facilitates printing by individuals of the public accessing the website. (2) REPORTING OF FRAUD, WASTE, AND ABUSE.— (A) IN GENERAL.—The Inspector General of each Federal agency and designated Federal entity shall establish and maintain a direct link on the homepage of the website of the Office of the Inspector General for individ- uals to report fraud, waste, and abuse. Indi- viduals reporting fraud, waste, or abuse using the direct link established under this paragraph shall not be required to provide personally identifying information relating to that individual. (B) ANONYMITY.—The Inspector General of each Federal agency and designated Federal entity shall not disclose the identity of any individual making a report under this para- graph without the consent of the individual unless the Inspector General determines that such a disclosure is unavoidable during the course of the investigation. (3) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed as authorizing an Inspector General to publicly disclose in- formation otherwise prohibited from disclo- sure by law. (c) DEFINITIONS.—In this section, the terms ‘‘designated Federal entity’’ and ‘‘head of the designated Federal entity’’ have the meanings given those terms in section 415(a) of this title. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4251.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 420 ............. 5 U.S.C. App. (IGA § 8M) Pub. L. 95–452, § 8M, for- merly § 8L, as added Pub. L. 110–409, § 13(a), Oct. 14, 2008, 122 Stat. 4315; renum- bered § 8M, Pub. L. 112–239, div. A, title VIII, § 848(1), Jan. 2, 2013, 126 Stat. 1851; amended Pub. L. 114–317, §§ 4(e), 7(b)(1)(A), (c), Dec. 16, 2016, 130 Stat. 1602, 1605, 1606. § 421. Additional provisions with respect to the Department of Energy (a) AUTHORITY TO PROHIBIT ACCESS TO CERTAIN MATERIALS.—The Secretary of Energy may pro- hibit the Inspector General of the Department of Energy from accessing Restricted Data and nu- clear safeguards information protected from dis- closure under chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intel- ligence or counterintelligence, as defined in sec- tion 3 of the National Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy deter- mines that the prohibition is necessary to pro- tect the national security or prevent the signifi- cant impairment to the national security inter- ests of the United States. (b) NOTIFICATION TO INSPECTOR GENERAL AND STATEMENT TO CONGRESS.—Not later than 7 days after the date on which the Secretary of Energy exercises any power authorized under subsection (a), the Secretary shall notify the Inspector General of the Department of Energy in writing of the reasons for such exercise. Within 30 days after receipt of any such notice, the Inspector General of the Department of Energy shall sub- mit to the appropriate committees of Congress a statement concerning such exercise. (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4252.) AMENDMENTS NOT SHOWN IN TEXT This section was derived from section 8N of the Inspector General Act of 1978, Pub. L. 95–452, which was set out in the former Appen- dix to this title, and as it existed as of Oct. 19, 2021. Section 8N of Pub. L. 95–452 was amended by Pub. L. 117–263, div. E, title LII, § 5272(8), Dec. 23, 2022, 136 Stat. 3241, prior to being re- pealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4252,