Page:United States Statutes at Large Volume 92 Part 1.djvu/1180

 92 STAT. 1126

^ Investigation. Written report.

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PUBLIC LAW 95-454--0CT. 13, 1978 "(3)(A) In the case of information received by the Special Counsel under paragraph (1) of this section, if, after such review as the Special Counsel determines practicable (but not later than 15 days after the receipt of the information), the Special Counsel determines that there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to the public health or safety, the Special Counsel may, to the extent provided in subparagraph (B) of this paragraph, require the head of the agency to— "(i) conduct an investigation of the information and any related matters transmitted by the Special Counsel to the head of the agency; and "(ii) submit a written report setting forth the findings of the head of the agency within 60 days after the date on which the information is transmitted to the head of the agency or within any longer period of time agreed to in writing by the Special Counsel. "(B) The Special Counsel may require an agency head to conduct an investigation and submit a written report under subparagraph (A) of this paragraph only if the information was transmitted to the Special Counsel by— "(i) any employee or former employee or applicant for employment in the agency which the information concerns; or " (ii) any employee who obtained the information in connection with the performance of the employee's duties and responsibilities. "(4) Any report required under paragraph (3)(A) of this subsection shall be reviewed and signed by the head of the agency and shall include—• "(A) a summary of the information with respect to which the investigation was initiated; " (B) a description of the conduct of the investigation; "(C) a summary of any evidence obtained from the investigation; "(D) a listing of any violation or apparent violation of any law, rule, or regulation; and " (E) a description of any corrective action taken or planned as a result of the investigation, such as— "(i) changes m agency rules, regulations, or practices; " (ii) the restoration of any aggrieved employee; "(iii) disciplinary action against any employee; and "(iv) referral to the Attorney General of any evidence of a criminal violation. " (5)(A) Any such report shall be submitted to the Congress, to the President, and to the Special Counsel for transmittal to the complainant. Whenever the Special Counsel does not receive the report of the agency head within the time prescribed in paragraph (3)(A)(ii) of this subsection, the Special Counsel may transmit a copy of the information which was transmitted to the agency head to the President and to the Congress together with a statement noting the failure of the head of the agency to file the required report. "(B) In any case in which evidence of a criminal violation obtained by an agency in an investigation under paragraph (3) of this subsection is referred to the Attorney General— "(i) the report shall not be transmitted to the complainant; and

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