the receipt of the information), the Special Counsel determines there is a substantial likelihood that the information discloses a v tion of any law, rule, or regulation, or mismanagement, groSS WE of funds, abuse of authority, or substantial and specific danger to public health or safety, the Special Counsel may, to the extent į" vided in subparagraph (B) of this paragraph, require the he. the agency to

(i) conduct an investigation of the information and related matters transmitted by the Special Counsel to the of the agency; and

(ii) submit a written report setting forth the findings of head of the agency within 60 days after the date on which information is transmitted to the head of the agency or w any longer period of time agreed to in writing by the Spe Counsel.

(B) The Special Counsel may require an agency head to co an investigation and submit a written report under subparagraph of this paragraph only if the information was transmitted to the cial Counsel by

(i) any employee or former employee or applicant for emp ment in the agency which the information concerns; or

(ii) any employee who obtained the information in connect with the performance of the employee's duties and responsibi (4) Any report required under paragraph (3) (A) of this: section shall be reviewed and signed by the head of the agency shall include

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

(B) a description of the conduct of the investigation; (C) a summary of any evidence obtained from the invest tion;

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

(E) a description of any corrective action taken or planne a result of the investigation, such as

(i) changes in agency rules, regulations, or practices: (ii) the restoration of any aggrieved employee;

(ii) disciplinary action against any employee; and (iv) referral to the Attorney General of any evidenc a criminal violation.

(5) (A) Any such report shall be submitted to the Congress, to President, and to the Special Counsel for transmittal to the compla ant. Whenever the Special Counsel does not receive the report of agency head within the time prescribed in paragraph (3) (A) of this subsection, the Special Counsel may transmit a copy of: information which was transmitted to the agency head to the Pr dent and to the Congress together with a statement noting the fai of the head of the agency to file the required report.

(B) In any case in which evidence of a criminal violation obtai by an agency in an investigation under paragraph (3) of this section is referred to the Attorney General

(i) the report shall not be transmitted to the complain and

(ii) the agency shall notify the Office of Personnel Management and the Office of Management and Budget of the referral. (6) Upon receipt of any report of the head of any agency required nder paragraph (3) (A)(ii) of this subsection, the Special Counsel hall review the report and determine whether

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

and

(B) the agency's report under paragraph (3)(A)(ii) of this subsection contains the information required under paragraph (4) of this subsection.

1 (7) Whenever the Special Counsel transmits any information to he head of the agency under paragraph (2) of this subsection but oes not require an investigation under paragraph (3) of this subection, the head of the agency shall, within a reasonable time after he information was transmitted, inform the Special Counsel, in writng, of what action has been or is to be taken and when such action vill be completed. The Special Counsel shall inform the complainant of the report of the agency head.

(8) Except as specifically authorized under this subsection, the rovisions of this subsection shall not be considered to authorize dislosure of any information by any agency or any person which is—

(A) specifically prohibited from disclosure by any other provision of law; or

(B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. (9) In any case under subsection (b) (1) (B) of this section involvng foreign intelligence or counterintelligence information the disosure of which is specifically prohibited by law or by Executive rder, the Special Counsel shall transmit such information to the ermanent Select Committee on Intelligence of the House of Reprentatives and the Select Committee on Intelligence of the Senate. (c) (1) (A) If, in connection with any investigation under this ction, the Special Counsel determines that there are reasonable ounds to believe that a prohibited personnel practice has occurred, ists, or is to be taken which requires corrective action, the Special ounsel shall report the determination together with any findings or commendations to the Board, the agency involved, and to the Office, d may report the determination, findings, and recommendations to e President. The Special Counsel may include in the report recomendations as to what corrective action should be taken.

(B) If, after a reasonable period, the agency has not taken the rrective action recommended, the Special Counsel may request the ard to consider the matter. The Board may order such corrective tion as the Board considers appropriate, after opportunity for mment by the agency concerned and the Office of Personnel anagement.

(2)(A) If, in connection with any investigation under this secn, the Special Counsel determines that there is reasonable cause to lieve that a criminal violation by an employee has occurred, the ecial Counsel shall report the determination to the Attorney Genil and to the head of the agency involved, and shall submit a copy the report to the Director of the Office of Personnel Management the Director of the Office of Management and Budget.

(B) In any case in which the Special Counsel determines there are reasonable grounds to believe that a prohibited person. practice has occurred, exists, or is to be taken, the Special Cour may proceed with any investigation or proceeding instituted u this section notwithstanding that the alleged violation has been ported to the Attorney General.

(3) If, in connection with any investigation under this section. Special Counsel determines that there is reasonable cause to be that any violation of any law, rule, or regulation has occurred whic not referred to in paragraph (1) or (2) of this subsection, the viola shall be reported to the head of the agency involved. The Spe Counsel shall require, within 30 days of the receipt of the report by agency, a certification by the head of the agency which states(A) that the head of the agency has personally reviewed report; and

(B) what action has been, or is to be, taken, and when the ac will be completed.

(d) The Special Counsel shall maintain and make available to publíc a list of noncriminal matters referred to heads of agencies u subsections (b) (3) (A) and (c)(3) of this section, together with

(1) reports by the heads of agencies under subsection (b) (A) of this section, in the case of matters referred under subs tion (b); and

(2) certifications by heads of agencies under subsection (c) in the case of matters referred under subsection (c). The Special Counsel shall take steps to ensure that any such public does not contain any information the disclosure of which is prohib by law or by Executive order requiring that information be kept s in the interest of national defense or the conduct of foreign affais (e) (1) In addition to the authority otherwise provided in this tion, the Special Counsel shall, except as provided in paragraph (2 this subsection, conduct an investigation of any allegation concerni (A) political activity prohibited under subchapter III of c ter 73 of this title, relating to political activities by Fed employees;

(B) political activity prohibited under chapter 15 of this relating to political activities by certain State and local offic and employees;

(C) arbitrary or capricious withholding of information hibited under section 552 of this title, except that the Spect Counsel shall make no investigation under this subsection of withholding of foreign intelligence or counterintelligence in mation the disclosure of which is specifically prohibited by law by Executive order;

(D) activities prohibited by any civil service law, rule, or re lation, including any activity relating to political intrusion personnel decisionmaking; and

(E) involvement by any employee in any prohibited diser nation found by any court or appropriate administrative aut ity to have occurred in the course of any personnel action. (2) The Special Counsel shall make no investigation of any alles tion of any prohibited activity referred to in paragraph (1) (D)

(E) of this subsection if the Special Counsel determines that the gation may be resolved more appropriately under an administra- appeals procedure.

f) During any investigation initiated under this section, no discinary action shall be taken against any employee for any alleged hibited activity under investigation or for any related activity hout the approval of the Special Counsel.

g) (1) Except as provided in paragraph (2) of this subsection, if Special Counsel determines that disciplinary action should be en against any employee

(A) after any investigation under this section, or

(B) on the basis of any knowing and willful refusal or failure by an employee to comply with an order of the Merit Systems Protection Board,

Special Counsel shall prepare a written complaint against the ployee containing his determination, together with a statement of porting facts, and present the complaint and statement to the loyee and the Merit Systems Protection Board in accordance with ion 1207 of this title.

2) In the case of an employee in a confidential, policy-making, icy-determining, or policy-advocating position appointed by the esident, by and with the advice and consent of the Senate (other n an individual in the Foreign Service of the United States), the plaint and statement referred to in paragraph (1) of this subsec, together with any response by the employee, shall be presented to President for appropriate action in lieu of being presented under ion 1207 of this title.

h) If the Special Counsel believes there is a pattern of prohibited sonnel practices and such practices involve matters which are not erwise appealable to the Board under section 7701 of this title, the cial Counsel may seek corrective action by filing a written comint with the Board against the agency or employee involved and Board shall order such corrective action as the Board determines essary.

i) The Special Counsel may as a matter of right intervene or othere participate in any proceeding before the Merit Systems ProtecBoard, except that the Special Counsel shall comply with the rules he Board and the Special Counsel shall not have any right of jual review in connection with such intervention.

j) (1) The Special Counsel may appoint the legal, administrative, support personnel necessary to perform the functions of the SpeCounsel.

2) Any appointment made under this subsection shall comply with provisions of this title, except that such appointment shall not be ject to the approval or supervision of the Office of Personnel Manment or the Executive Office of the President (other than approval ired under section 3324 or subchapter VIII of chapter 33 of this :).

k) The Special Counsel may prescribe regulations relating to the ipt and investigation of matters under the jurisdiction of the cial Counsel. Such regulations shall be published in the Federal ister.

(1) The Special Counsel shall not issue any advisory opinion cor cerning any law, rule, or regulation (other than an advisory opinio concerning chapter 15 or subchapter III of chapter 73 of this title)

(m) The Special Counsel shall submit an annual report to the Cor gress on the activities of the Special Counsel, including the number types, and disposition of allegations of prohibited personnel practic filed with it, investigations conducted by it, and actions initiated b it before the Board, as well as a description of the recommendation and reports made by it to other agencies pursuant to this section, an the actions taken by the agencies as a result of the reports or recom mendations. The report required by this subsection shall include what ever recommendations for legislation or other action by Congress th Special Counsel may deem appropriate. (Pub. L. 95-454, Oct. 13, 197 92 Stat. 1125.)

§ 1207. Hearings and decisions on complaints filed by the Specia Counsel

(a) Any employee against whom a complaint has been presente to the Merit Systems Protection Board under section 1206 (g) of th title is entitled to

(1) a reasonable time to answer orally and in writing and furnish affidavits and other documentary evidence in support the answer;

(2) be represented by an attorney or other representative; (3) a hearing before the Board or an administrative law jud appointed under section 3105 of this title and designated by t Board;

(4) have a transcript kept of any hearing under paragraph (⠀ of this subsection; and

(5) a written decision and reasons there for at the earliest pr ticable date, including a copy of any final order imposing discip nary action.

(b) A final order of the Board may impose disciplinary action cor sisting of removal, reduction in grade, debarment from Feder employment for a period not to exceed 5 years, suspension, repriman or an assessment of a civil penalty not to exceed $1,000.

(c) There may be no administrative appeal from an order of t Board. An employee subject to a final order imposing disciplinar action under this section may obtain judicial review of the order the United States court of appeals for the judicial circuit in which t employee resides or is employed at the time of the action.

(d) In the case of any State or local officer or employee under cha ter 15 of this title, the Board shall consider the case in accordance wi the provisions of such chapter. (Pub. L. 95-454, Oct. 13, 1978, 92 St 1130.)

§ 1208. Stays of certain personnel actions

(a) (1) The Special Counsel may request any member of the Med Systems Protection Board to order a stay of any personnel action 15 calendar days if the Special Counsel determines that there are r sonable grounds to believe that the personnel action was taken, or is be taken, as a result of a prohibited personnel practice.