Page:United States Statutes at Large Volume 108 Part 4.djvu/123

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PUBLIC LAW 103-337—OCT. 5, 1994 108 STAT. 2757 (3) in the first sentence, by striking out "or preparing" and all that follows through "may not be restricted." and inserting in lieu thereof the following: "or preparing— "(A) a communication to a Member of Congress or an Inspector General that (under subsection (a)) may not be restricted; or "(B) a communication that is described in subsection (c)(2) and that is made (or prepared to be made) to— "(i) a Member of Congress; "(ii) an Inspector General (as defined in subsection m "(iii) a member of a Department of Defense audit, inspection, investigation, or law enforcement organization; or "(iv) any other person or organization (including any person or organization in the chain of command) designated pursuant to regulations or other established administrative procedures for such communications.". (b) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF PROHIBITED PERSONNEL ACTIONS. —Subsection (c) of such section is amended— (1) by adding at the end of paragraph (1) the following new sentence: "If, in the case of an allegation submitted to the Inspector General of the Department of Defense, the Inspector General delegates the conduct of the investigation of the allegation to the inspector general of one of the armed forces, the Inspector General of the Department of Defense shall ensure that the inspector general conducting the investigation is outside the immediate chain of command of both the member submitting the allegation and the individual or individuals alleged to have taken the retaliatory action."; (2) by striking out paragraph (2) and inserting in lieu thereof the following: "(2) A communication described in this paragraph is a communication in which a member of the armed forces complains of, or discloses information that the member reasonably believes constitutes evidence of, any of the following: "(A) A violation of law or regulation, including a law or regulation prohibiting sexual harassment or unlawful discrimination. "(B) Mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety."; and (3) in the subsection heading, by striking out "CERTAIN ALLEGATIONS" and inserting in lieu thereof "ALLEGATIONS OF PROHIBITED PERSONNEL ACTIONS". (c) INSPECTOR GENERAL INVESTIGATION OF ALLEGATIONS OF WRONGDOING.— Such section is further amended— (1) by redesignating subsections (d), (e), (f), (g), and (h) as subsections (f), (g), (h), (i), and (j), respectively; and (2) by striking out paragraph (4) of subsection (c) and inserting in lieu thereof the following: "(d) INSPECTOR GENERAL INVESTIGATION OF UNDERLYING ALLEGATIONS. —Upon receiving an allegation under subsection (c), the Inspector General shall conduct a separate investigation of the information that the member making the allegation believes constitutes evidence of wrongdoing (as described in subparagraph