PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 23 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. 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. "(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 informa- tion 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— "(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. "(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 Coun- sel 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 provi- sions 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 provi- sion 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 intell^ence or counterintel- ligence 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. "§ 1214. Investigation of prohibited personnel practices; corrective action "(a)(l)(A) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to Safety. Classified information. Defense and national security. Classified information. Defense and national security.
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