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USA – Standards – Followup – Investigation

USA – Standards – Followup – Investigation

1213. `(b) Whenever the Special Counsel receives information of a type 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 mismanagement, 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 respect to which the determination was made to the appropriate agency 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 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 employment in the agency which the information concerns; or

`(B) an employee who obtained the information in connection with the performance of the employee’s duties and responsibilities.

`(d) Any report required under subsection (c) shall be reviewed and signed by the head of the agency and shall include–

`(1) a summary of the information with respect to which the investigation was initiated;

`(2) a description of the conduct of the investigation;

`(3) a summary of any evidence obtained from the investigation;

`(4) a listing of any violation or apparent violation of any law, rule, or regulation; and

`(5) a description of any action taken or planned as a result of the investigation, such as–

`(A) changes in agency rules, regulations, or practices;

`(B) the restoration of any aggrieved employee;

`(C) disciplinary action against any employee; and

`(D) referral to the Attorney General of any evidence of a criminal violation.

`(e)(1) Any such report shall be submitted to the Special Counsel, and the Special Counsel shall transmit a copy to the complainant, except as provided under subsection (f) of this section. The complainant may submit comments to the Special Counsel on the agency report within 15 days of having received a copy of the report.

`(2) Upon receipt of any report of the head of an agency required under subsection (c) of this section, the Special Counsel shall review the report and determine whether–

`(A) the findings of the head of the agency appear reasonable; and

`(B) the report of the agency under subsection (c)(1) of this section contains the information required under subsection (d) of this section.

`(3) The Special Counsel shall transmit any agency report received pursuant to subsection (c) of this section, any comments provided by the complainant pursuant to subsection (e)(1), and any appropriate comments or recommendations by the Special Counsel to the President, the congressional committees with jurisdiction over the agency which the disclosure involves, and the Comptroller General.

`(4) Whenever the Special Counsel does not receive the report of the agency within the time prescribed in subsection (c)(2) of this section, the Special Counsel shall transmit a copy of the information which was transmitted to the agency head to the President, the congressional committees with jurisdiction over the agency which the disclosure involves, and the Comptroller General together with a statement noting the failure of the head of the agency to file the required report.

`(f) In any case in which evidence of a criminal violation obtained by an agency in an investigation under subsection (c) of this section is referred to the Attorney General–

`(1) the report shall not be transmitted to the complainant; and

`(2) the agency shall notify the Office of Personnel Management and the Office of Management and Budget of the referral.

1214. `(a)(1)(A) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken.

`(2)(A) If, in connection with any investigation, the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency involved and to the Office of Personnel Management, and may report such determination, findings and recommendations to the President. The Special Counsel may include in the report recommendations for corrective action to be taken.

`(B) If, after a reasonable period of time, the agency does not act to correct the prohibited personnel practice, the Special Counsel may petition the Board for corrective action.

Referenced Legislation: Whistleblower Protection Act (WPA) (1989)

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