Title 5 — Government Organization and EmployeesRelease 119-73not60
§421 Additional Provisions with Respect to the Department of Energy
Title 5 › Part I— THE AGENCIES GENERALLY › Chapter 4— INSPECTORS GENERAL › § 421
Summary
The Secretary of Energy may block the DOE Inspector General from accessing Restricted Data, nuclear safeguards information, or intelligence/counterintelligence to protect national security. The Secretary must notify Inspector General in writing within 7 days, and the Inspector General must notify appropriate congressional committees within 30 days.
Full Legal Text
Title 5, §421
Government Organization and Employees — Source: USLM XML via OLRC
(a)The Secretary of Energy may prohibit the Inspector General of the Department of Energy from accessing Restricted Data and nuclear safeguards information protected from disclosure under chapter 12 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 et seq.) and intelligence or counterintelligence, as defined in section 3 of the National Security Act of 1947 (50 U.S.C. 3003), if the Secretary of Energy determines that the prohibition is necessary to protect the national security or prevent the significant impairment to the national security interests of the United States.
(b)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 submit to the appropriate committees of Congress a statement concerning such exercise.
Legislative History
Notes & Related Subsidiaries
Amendments
Not Shown in TextThis section was derived from section 8N 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 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 E, title LII, § 5272(8), Dec. 23, 2022, 136 Stat. 3241, prior to being repealed and reenacted as this section by Pub. L. 117–286, §§ 3(b), 7, Dec. 27, 2022, 136 Stat. 4252, 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 Provision
s note preceding section 101 of this title. section 8N of Pub. L. 95–452 was amended in subsection (b) by striking “committees of Congress” and inserting “congressional committees”. For definition of “appropriate congressional committees”, which would result from application of the 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 SectionSource (U.S. Code)Source (Statutes at Large) 4215 U.S.C. App. (IGA § 8N)Pub. L. 95–452, § 8N, as added Pub. L. 114–317, § 6(7), Dec. 16, 2016, 130 Stat. 1604.
Editorial Notes
References in Text
The Atomic Energy Act of 1954, referred to in subsec. (a), is act Aug. 1, 1946, ch. 724, as added by act Aug. 30, 1954, ch. 1073, § 1, 68 Stat. 919. Chapter 12 of the Act is classified generally to subchapter XI (§ 2161 et seq.) 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.
Reference
Citations & Metadata
Citation
5 U.S.C. § 421
Title 5 — Government Organization and Employees
Last Updated
Apr 3, 2026
Release point: 119-73not60