References in Text
Section 3 of the Inspector General Act of 1978, referred to in subsec. (c)(6)(A), is section 3 of Pub. L. 95–452, which was formerly set out in the Appendix to Title 5, Government Organization and Employees, and was repealed and restated as section 403 of Title 5 by Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4208. For definition of “first assistant to the position of Inspector General”, see Amendments Not Shown in Text note under section 403 of Title 5.
GS–15 of the General Schedule, referred to in subsec. (c)(6)(B)(iii)(II), is set out under section 5332 of Title 5, Government Organization and Employees.
Amendments
2022—Subsec. (c)(4). Pub. L. 117–263, § 5202(a)(3)(A), which directed amendment of par. (4) of section 103H(c) of the National Security Act by designating existing provisions as subpar. (A), substituting “substantive rationale, including detailed and case-specific reasons,” for “reasons”, and adding subpar. (B), was executed by making the amendments to subsec. (c)(4) of this section, which is section 103H(c)(4) of the National Security Act of 1947, to reflect the probable intent of Congress.
Subsec. (c)(5). Pub. L. 117–263, § 5202(a)(3)(B), which directed the addition of par. (5) at the end of section 103H(c) of the National Security Act, was executed by adding par. (5) at end of section 103H(c) of the National Security Act of 1947, to reflect the probable intent of Congress.
Subsec. (c)(6). Pub. L. 117–263, § 5203(b), which directed the addition of par. (6) at the end of section 103H(c) of the National Security Act, was executed by adding par. (6) at end of section 103H(c) of the National Security Act of 1947, to reflect the probable intent of Congress.
Subsec. (k)(5)(G). Pub. L. 117–103 inserted cl. (i) designation before “In this” in introductory provisions, redesignated former cls. (i) to (iii) as subcls. (I) to (III), respectively, of cl. (i), and added cl. (ii).
Subsec. (k)(5)(G)(i)(I). Pub. L. 117–263, § 6609(a), substituted “of the Federal Government that is—” and items (aa) and (bb) for “within the responsibility and authority of the Director of National Intelligence involving classified information, but does not include differences of opinions concerning public policy matters.”
Subsec. (k)(5)(H). Pub. L. 117–286 substituted “section 416 of title 5.” for “section 8H of the Inspector General Act of 1978 (5 U.S.C. App.).”
2019—Subsec. (j)(4)(A). Pub. L. 116–92 made technical amendment to reference in original act which appears in text as reference to section 3164 of this title.
2015—Subsec. (j)(4)(A). Pub. L. 114–113, § 303(1), substituted “any Federal, State (as defined in section 3164 of this title), or local governmental agency or unit thereof” for “any department, agency, or other element of the United States Government”.
Subsec. (j)(4)(B). Pub. L. 114–113, § 303(2), inserted “from a department, agency, or element of the Federal Government” before “under subparagraph (A)”.
2014—Subsec. (g)(3)(A). Pub. L. 113–126, § 304, substituted “undertaken, and this provision shall qualify as a withholding statute pursuant to subsection (b)(3) of section 552 of title 5 (commonly known as the ‘Freedom of Information Act’);” for “undertaken;”.
Subsec. (k)(5)(I). Pub. L. 113–126, § 603(c), added subpar. (I).
2013—Subsec. (k)(1)(A). Pub. L. 112–277 substituted “October 31 and April 30” for “January 31 and July 31” and “September 30 and March 31,” for “December 31 (of the preceding year) and June 30,”.
2012—Subsec. (o). Pub. L. 112–87 added subsec. (o).
Oversight by Inspector General of the Intelligence Community Over Intelligence Community Whistleblower Matters
Pub. L. 116–92, div. E, title LIII, § 5334, Dec. 20, 2019, 133 Stat. 2141, provided that:
“(a) System for Notification of Information Relating to Complaints by Whistleblowers Within the Intelligence Community.—Subject to subsection (b), not later than 1 year after the date of the enactment of this Act [Dec. 20, 2019], the Inspector General of the Intelligence Community, in consultation with the Intelligence Community Inspectors General Forum, shall establish a system whereby the Inspector General of the Intelligence Community is notified in near real time of the following:
“(1)
Submission of complaints by whistleblowers to inspectors general of elements of the
intelligence community relating to the programs and activities under the jurisdiction of the Director of National
Intelligence, and information related to such complaints.
“(2)
Actions taken by an inspector general of an element of the
Intelligence Community relating to such complaints.
“(b) Policies for Implementation.—
“(1) In general.—
The system established under subsection (a) may not be implemented until the Inspector General of the
Intelligence Community, in consultation with the
Intelligence Community Inspectors General Forum, has developed and released to each of the inspectors general of the elements of the
intelligence community written policies regarding the implementation of such subsection.
“(2) Requirements.—The policies required by paragraph (1) shall—
“(A)
protect the privacy of whistleblowers, including by preventing dissemination without the consent of the whistleblower, of any information submitted previously by a whistleblower to an inspector general of an element of the
intelligence community; and
“(B) ensure compliance with the requirements of subsection (a), while—
“(i)
ensuring that the Inspector General of the
Intelligence Community can oversee whistleblower policies and practices and identify matters that, in the judgment of the Inspector General of the
Intelligence Community, may be the subject of an investigation, inspection, audit, or review by the Inspector General of the
Intelligence Community; and
“(ii)
avoiding the imposition of inappropriate resource burdens on inspectors general of elements of the
intelligence community.”
[For definition of “whistleblower” as used in section 5334 of Pub. L. 116–92, set out above, see section 5331 of Pub. L. 116–92, set out below.]
[For definition of “intelligence community” as used in section 5334 of Pub. L. 116–92, set out above, see section 5003 of div. E of Pub. L. 116–92, set out as a note under section 3003 of this title.]