Page:United States Statutes at Large Volume 112 Part 3.djvu/278

 112 STAT. 2108 PUBLIC LAW 105-261—OCT. 17, 1998 on which the member becomes aware of the personnel action that is the subject of the allegation. "(5) The Inspector General of the Department of Defense, or the Inspector General of the Department of Transportation (in the case of a member of the Coast Guard when the Coast Guard is not operating as a service in the Navy), shall ensure that the Inspector General conducting the investigation of an allegation under this subsection is outside the immediate chain of command of both the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action.". 10 USC 1034. (2) Subsection (d) of such section is amended— (A) by inserting "receiving the allegation" after "the Inspector General" the first place it appears; and (B) by adding at the end the following: "In the case of an allegation received by the Inspector General of the Department of Defense, the Inspector General may delegate that responsibility to the Inspector General of the armed force concerned.". (b) MISMANAGEMENT COVERED BY PROTECTED COMMUNICA- TIONS. —Subsection (c)(2)(B) of such section is amended by striking out "Mismanagement" and inserting in lieu thereof "Gross mismanagement". (c) SIMPLIFIED REPORTING AND NOTICE REQUIREMENTS. —(1) Paragraph (1) of subsection (e) of such section is amended— (A) by striking out "Not later than 30 days after completion of an investigation under subsection (c) or (d)," and inserting in lieu thereof "After completion of an investigation under subsection (c) or (d) or, in the case of an investigation under subsection (c) by an Inspector General within a military department, after approval of the report of that investigation under subsection (c)(3)(E)," (B) by striking out "the Inspector General shall submit a report on" and inserting in lieu thereof "the Inspector General conducting the investigation shall submit a report on"; (C) by inserting "shall transmit a copy of the report on the results of the investigation to" before "the member of the armed forces"; and Deadline. (D) by adding at the end the following new sentence: "The report shall be transmitted to the Secretary, and the copy of the report shall be transmitted to the member, not later than 30 days after the completion of the investigation or, in the case of an investigation under subsection (c) by an Inspector General within a military department, after approval of the report of that investigation under subsection (c)(3)(E).". (2) Paragraph (2) of such subsection is amended— (A) by striking out "submitted" after "In the copy of the report" and inserting in lieu thereof "transmitted"; and (B) by adding at the end the following new sentence: "However, the copy need not include summaries of interviews conducted, nor any document acquired, during the course of the investigation. Such items shall be transmitted to the member, if the member requests the items, with the copy of the report or after the transmittal to the member of the copy of the report, regardless of whether the request for those items is made before or after the copy of the report is transmitted to the member.".

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