5 APPENDIX U.S.C. § 8H
Pub. L. 95-452as added Pub. L. 105-2721998; amended Pub. L. 107-1082001; Pub. L. 107-3062002; Pub. L. 110-417, [div. A], title IX, §931(b)(2), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111-259Oct. 7, 2010, 124 Stat. 2731; Pub. L. 113-126July 7, 2014, 128 Stat. 1398, 1420.
PRIOR PROVISIONSA prior section 8H of the Inspector General Act of 1978 was renumbered section 8J.
AMENDMENTS 2014-Subsec. (a)(1)(B), (C). Pub. L. 113-126added subpar. (B) and redesignated former subpar. (B) as (C). Former subpar. (C) redesignated (D).Subsec. (a)(1)(D). Pub. L. 113-126redesignated subpar. (C) as (D), substituted "Act, section 17" for "Act or section 17", and inserted ", or section 103H(k) of the National Security Act of 1947 () " before period at end.Subsec. (b). Pub. L. 113-126designated existing provisions as par. (1) and added par. (2).Subsecs. (h), (i). Pub. L. 113-126added subsec. (h) and redesignated former subsec. (h) as (i).2010-Subsec. (a)(3). Pub. L. 111-259 added par. (3).2008-Subsecs. (a)(1)(A), (g)(1). Pub. L. 110-417 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency".2002-Subsec. (f). Pub. L. 107-306substituted "subsections (a) through (e)" for "this section".Subsecs. (g), (h). Pub. L. 107-306added subsec. (g) and redesignated former subsec. (g) as (h).2001-Subsec. (b). Pub. L. 107-108substituted "Upon making such a determination, the Inspector General shall transmit to the head of the establishment notice of that determination, together with the complaint or information." for "If the Inspector General determines that the complaint or information appears credible, the Inspector General shall, before the end of such period, transmit the complaint or information to the head of the establishment."Subsec. (d)(1). Pub. L. 107-108substituted "does not find credible under subsection (b) a complaint or information submitted to the Inspector General under subsection (a), or does not transmit the complaint or information to the head of the establishment in accurate form under subsection (b)," for "does not transmit, or does not transmit in an accurate form, the complaint or information described in subsection (b),".
CONGRESSIONAL FINDINGSPub. L. 105-2721998, provided that: "The Congress finds that-"(1) national security is a shared responsibility, requiring joint efforts and mutual respect by Congress and the President;"(2) the principles of comity between the branches of Government apply to the handling of national security information;"(3) Congress, as a co-equal branch of Government, is empowered by the Constitution to serve as a check on the executive branch; in that capacity, it has a 'need to know' of allegations of wrongdoing within the executive branch, including allegations of wrongdoing in the Intelligence Community;"(4) no basis in law exists for requiring prior authorization of disclosures to the intelligence committees of Congress by employees of the executive branch of classified information about wrongdoing within the Intelligence Community;"(5) the risk of reprisal perceived by employees and contractors of the Intelligence Community for reporting serious or flagrant problems to Congress may have impaired the flow of information needed by the intelligence committees to carry out oversight responsibilities; and"(6) to encourage such reporting, an additional procedure should be established that provides a means for such employees and contractors to report to Congress while safeguarding the classified information involved in such reporting."
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.