5 U.S.C. § 421 — Additional provisions with respect to the Department of Energy
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 182 words · no verdicts yet
The Secretary of Energy may block the Inspector General from seeing certain protected information. This is only allowed if it's necessary to protect national security. The Secretary must then notify the Inspector General and Congress why.
(a) Authority to prohibit access to certain materials
The Secretary of Energy can stop the Department of Energy's Inspector General* from accessing "Restricted Data" and nuclear safeguards information protected under the Atomic Energy Act of 1954, as well as intelligence or counterintelligence information (as those terms are defined in the National Security Act of 1947). The Secretary can only do this if the Secretary decides it's necessary to protect national security or to prevent significant harm to the national security interests of the United States.
(b) Notification to Inspector General and statement to Congress
Within 7 days after using this power, the Secretary of Energy must tell the Inspector General, in writing, why. Within 30 days of getting that notice, the Inspector General must send a statement about it to the appropriate committees of Congress.
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.
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.
Source credit: (Pub. L. 117–286, § 3(b), Dec. 27, 2022, 136 Stat. 4252.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4252
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.
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