Page:United States Statutes at Large Volume 92 Part 1.djvu/1182

 92 STAT. 1128

Public list.

Reports.

Certifications.

5 USC 7321. 5 USC 1501 et seq.

5 USC 552.

PUBLIC LAW 95-454—OCT. 13, 1978 this section notwithstanding that the alleged violation has been reported to the Attorney General. "(3) If, in connection with any investigation under this section, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred which is not referred to in paragraph (1) or (2) of this subsection, the violation shall be reported to the head of the agency involved. The Special Counsel shall require, within 30 days of the receipt of the report by the agency, a certification by the head of the agency which states— " (A) that the head of the agency has personally reviewed the report; and "(B) what action has been, or is to be, taken, and when the action will be completed. " (d) The Special Counsel shall maintain and make available to the public a list of noncriminal matters referred to heads of agencies under subsections (b)(3)(A) and (c)(3) of this section, together with— "(1) reports by the heads of agencies under subsection (b)(3) (A) of this section, in the case of matters referred under subsection (b); and "(2) certifications by heads of agencies under subsection (c) (3), in the case of matters referred under subsection (c). The Special Counsel shall take steps to ensure that any such public list does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs. "(e)(1) In addition to the authority otherwise provided in this section, the Special Counsel shall, except as provided in paragraph (2) of this subsection, conduct an investigation of any allegation concerning— "(A) political activity prohibited under subchapter III of chapter 73 of this title, relating to political activities by Federal employees; "(B) political activity prohibited under chapter 15 of this title, relating to political activities by certain State and local officers and employees; "(C) arbitrary or capricious withholding of information prohibited under section 552 of this title, except that the Special Counsel shall make no investigation under this subsection of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order; " (D) activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and " (E) involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action. "(2) The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in paragraph (1)(D) or (1)(E) of this subsection if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure. "(f) During any investigation initiated under this section, no disciplinary action shall be taken against any employee for any alleged

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