Page:United States Statutes at Large Volume 103 Part 1.djvu/58

 103 STAT. 30 PUBLIC LAW 101-12—APR. 10, 1989 "(c)(1) Any employee, former employee, or applicant for employ- ment seeking corrective action under subsection (a) may request that the Board order a stay of the personnel action involved. "(2) Any stay requested under paragraph (1) shall be granted within 10 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date the request is made, if the Board determines that such a stay would be appropriate. "(3)(A) The Board shall allow any agency which would be subject to a stay under this subsection to comment to the Board on such stay request. ' (B) Except as provided in subparagraph (C), a stay granted under this subsection shall remain in effect for such period as the Board determines to be appropriate. "(C) The Board may modify or dissolve a stay under this subsec- tion at any time, if the Board determines that such a modification or dissolution is appropriate. "(d)(1) At the request of an employee, former employee, or ap- plicant for employment seeking corrective action under subsection (a), the Board may issue a subpoena for the attendance and testi- mony of any person or the production of documentary or other evidence from any person if the Board finds that such subpoena is necessary for the development of relevant evidence. "(2) A subpoena under this subsection may be issued, and shall be enforced, in the same manner as applies in the case of subpoenas under section 1204. "(e)(1) Subject to the provisions of paragraph (2), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8), the Board shall order such corrective action as the Board considers appropriate if the employee, former em- ployee, or applicant for employment has demonstrated that a disclo- sure described under section 2302(b)(8) was a contributing factor in the personnel action which was taken or is to be taken against such employee, former employee, or applicant. ,,?' "(2) Corrective action under paragraph (1) may not be ordered if the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such '* disclosure. "(f)(1) A final order or decision shall be rendered by the Board as soon as practicable after the commencement of any proceeding under this section. "(2) A decision to terminate an investigation under subchapter II may not be considered in any action or other proceeding under this section. "(g)(1) If an employee, former employee, or applicant for employ- ment is the prevailing party before the Merit Systems Protection Board, and the decision is based on a finding of a prohibited _ personnel practice, the agency involved shall be liable to the em- ployee, former employee, or applicant for reasonable attorney's fees and any other reasonable costs incurred. "(2) If an employee, former emloyee, or applicant for employment is the prevailing party in an appeal from the Merit Systems Protec- tion Board, the agency involved shall be liable to the employee, former employee, or applicant for reasonable attorney's fees and any other reasonable costs incurred, regardless of the basis of the decision. "(h)(1) An employee, former employee, or applicant for employ- ment adversely affected or aggrieved by a final order or decision of ^

�