5 USC 1213(h): Names of whistleblowers

          
Sec. 1213. Provisions relating to disclosures of violations of 
        law, gross mismanagement, and certain other matters
        
    (a) This section applies with respect to--
        (1) any disclosure of information by an employee, former 
    employee, or applicant for employment which the employee, former 
    employee, or applicant reasonably believes evidences--
            (A) a violation of any law, rule, or regulation; or
            (B) gross mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public health 
        or safety;

    if such disclosure is not specifically prohibited by law and if such 
    information is not specifically required by Executive order to be 
    kept secret in the interest of national defense or the conduct of 
    foreign affairs; and
        (2) any disclosure by an employee, former employee, or applicant 
    for employment to the Special Counsel or to the Inspector General of 
    an agency or another employee designated by the head of the agency 
    to receive such disclosures of information which the employee, 
    former employee, or applicant reasonably believes evidences--
            (A) a violation of any law, rule, or regulation; or
            (B) gross mismanagement, a gross waste of funds, an abuse of 
        authority, or a substantial and specific danger to public health 
        or safety.

    (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

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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 and the 
congressional committees with jurisdiction over the agency which the 
disclosure involves.
    (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 and the congressional 
committees with jurisdiction over the agency which the disclosure 
involves 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.

    (g)(1) If the Special Counsel receives information of a type 
described in subsection (a) from an individual other than an individual 
described in subparagraph (A) or (B) of subsection (c)(2), the Special 
Counsel may transmit the information to the head of the agency which the 
information concerns. The head of such agency shall, within a reasonable 
time after the information is transmitted, inform the Special Counsel in 
writing of what action has been or is being taken and when such action 
shall be completed. The Special Counsel shall inform the individual of 
the report of the agency head.
    (2) If the Special Counsel receives information of a type described 
in subsection (a) from an individual described in subparagraph (A) or 
(B) of subsection (c)(2), but does not make a positive determination 
under subsection (b), the Special Counsel may transmit the information 
to the head of the agency which the information concerns, except that 
the information may not be transmitted to the head of the agency without 
the consent of the individual. The head of such agency shall, within a 
reasonable time after the information is transmitted, inform the Special 
Counsel in writing of what action has been or is being taken and when 
such action will be completed. The Special Counsel shall inform the 
individual of the report of the agency head.
    (3) If the Special Counsel does not transmit the information to the 
head of the agency under paragraph (2), the Special Counsel shall inform 
the individual of--
        (A) the reasons why the disclosure may not be further acted on 
    under this chapter; and
        (B) other offices available for receiving disclosures, should 
    the individual wish to pursue the matter further.

        

            
 
          

    (h) The identity of any individual who makes a disclosure described 
in subsection (a) may not be disclosed by the Special Counsel without 
such individual's consent unless the Special Counsel determines that the 
disclosure of the individual's identity is necessary because of an 
imminent danger to public health or safety or imminent violation of any 
criminal law.
    (i) Except as specifically authorized under this section, the 
provisions of this section shall not be considered to authorize 
disclosure of any information by any agency or any person which is--
        (1) specifically prohibited from disclosure by any other 
    provision of law; or
        (2) specifically required by Executive order to be kept secret 
    in the interest of national defense or the conduct of foreign 
    affairs.

    (j) With respect to any disclosure of information described in 
subsection (a) which involves foreign intelligence or 
counterintelligence information, if the disclosure is specifically 
prohibited by law or by Executive order, the Special Counsel shall 
transmit such information to the National Security Advisor, the 
Permanent Select Committee on Intelligence of the House of 
Representatives, and the Select Committee on Intelligence of the Senate.

(Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 21; 
amended Pub. L. 104-316, title I, Sec. 103(a), Oct. 19, 1996, 110 Stat. 
3828; Pub. L. 107-304, Sec. 3, Nov. 27, 2002, 116 Stat. 2364.)


                               Amendments

    2002--Subsec. (g)(1). Pub. L. 107-304, Sec. 3(1), struck out at end 
``If the Special Counsel does not transmit the information to the head 
of the agency, the Special Counsel shall return any documents and other 
matter provided by the individual who made the disclosure.''
    Subsec. (g)(3). Pub. L. 107-304, Sec. 3(2), added par. (3) and 
struck out former par. (3) which read as follows: ``If the Special 
Counsel does not transmit the information to the head of the agency 
under paragraph (2), the Special Counsel shall--
        ``(A) return any documents and other matter provided by the 
    individual who made the disclosure; and
        ``(B) inform the individual of--
            ``(i) the reasons why the disclosure may not be further 
        acted on under this chapter; and
            ``(ii) other offices available for receiving disclosures, 
        should the individual wish to pursue the matter further.''
    1996--Subsec. (e)(3). Pub. L. 104-316, Sec. 103(a)(1), substituted 
``President and'' for ``President,'' and struck out ``, and the 
Comptroller General'' before period at end.
    Subsec. (e)(4). Pub. L. 104-316, Sec. 103(a)(2), substituted 
``President and'' for ``President,'' and struck out ``, and the 
Comptroller General'' before ``together with a''.

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