Page:United States Statutes at Large Volume 103 Part 1.djvu/49

, PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 21 "(B) except upon request of an agency which requires such information in order to make a determination concerning an individual's having access to the information unauthorized disclosure of which could be expected to cause exceptionally grave damage to the national security. "§ 1213. Provisions relating to disclosures of violations of law, gross mismanagement, and certain other matters "(a) This section applies with respect to— "(1) any disclosure of information by an employee, former employee, or applicant for employment which the employee, former employee, or applicant reasonably believes evidences— "(A) a violation of any law, rule, or regulation; or "(B) gross mismanagement, a gross waste of funds, an ^ abuse of authority, or a substantial and specific danger to public health or safety; if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; and "(2) any disclosure by an employee, former employee, or applicant for employment to the Special Counsel or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures of informa- tion which the employee, former employee, or applicant reason- ably believes evidences—. "(A) a violation of any law, rule, or regulation; or "(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. "(b) Whenever the Special Counsel receives information of a type Safety, described in subsection (a) of this section, the Special Counsel shall ^ review such information and, within 15 days after receiving the information, determine whether there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or gross mismaneigement, gross waste of funds, abuse of authority, or substantial and specific danger to public health and safety. "(c)(1) Subject to paragraph (2), if the Special Counsel makes a positive determination under subsection (b) of this section, the Special Counsel shall promptly transmit the information with re- spect to which the determination was made to the appropriate Eigency head and require that the agency head— "(A) conduct an investigation with respect to the information and any related matters transmitted by the Special Counsel to the agency head; and "(B) submit a written report setting forth the findings of the Reports, agency head within 60 days after the date on which the information is transmitted to the agency head or within any -. longer period of time agreed to in writing by the Special Counsel. "(2) The Special Counsel may require an agency head to conduct an investigation and submit a written report under paragraph (1) only if the information was transmitted to the Special Counsel by— "(A) an employee, former employee, or applicant for employ- ment in the agency which the information concerns; or

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