Page:United States Statutes at Large Volume 103 Part 1.djvu/52

 103 STAT. 24 PUBLIC LAW 101-12 —APR. 10, 1989 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. "(B) Within 15 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Coun- sel shall provide written notice to the person who made the allega- tion that— "(i) the allegation has been received by the Special Counsel; and • "(ii) shall include the name of a person at the Office of Special the allegation. "(C) Unless an investigation is terminated under paragraph (2), the Special Counsel shall— "(i) within 90 days after notice is provided under subpara- graph (B), notify the person who made the allegation of the status of the investigation and any action taken by the Office of the Special Counsel since the filing of the allegation; "(ii) notify such person of the status of the investigation and any action taken by the Office of the Special Counsel since the last notice, at least every 60 days after notice is given under clause (i); and ^ "(iii) notify such person of the status of the investigation and any action taken by the Special Counsel at such time as deter- mined appropriate by the Special Counsel. "(2)(A) If the Special Counsel terminates any investigation under paragraph (1), the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of— "(i) the termination of the investigation; ^. "(ii) a summary of relevant facts ascertained by the Special . •<* ^r 1 Counsel, including the facts that support, and the facts that do not support, the allegations of such person; and "(iii) the reasons for terminating the investigation. "(B) A written statement under subparagraph (A) may not be admissible as evidence in any judicial or administrative proceeding, without the consent of the person who received such statement under subparagraph (A). "(3) Except in a case in which an employee, former employee, or applicant for employment has the right to appeal directly to the Merit Systems Protection Board under any law, rule, or regulation, ^ any such employee, former employee, or applicant shall seek correc- ' .,, tive action from the Special Counsel before seeking corrective action from the Board. An employee, former employee, or applicant for employment may seek corrective action from the Board under sec- tion 1221, if such employee, former employee, or applicant seeks ,, corrective action for a prohibited personnel practice described in section 2302(b)(8) from the Special Counsel and— "(A)(i) the Special Counsel notifies such employee, former employee, or applicant that an investigation concerning such employee, former employee, or applicant has been terminated; and "(ii) no more than 60 days have elapsed since notification was provided to such employee, former employee, or applicant for employment that such investigation was terminated; or "(B) 120 days after seeking corrective action from the Special Counsel, such employee, former employee, or applicant has not
 * Counsel who shall serve as a contact with the person making

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