Page:United States Statutes at Large Volume 123.djvu/318

 123STA T . 2 98PUBLIC LA W 111 –5—FE B.1 7, 2 0 09 (i)make a d e t e r mi n ati o nt h at the c om pl aint i sf ri v olo u s , does not relate to covered funds, or another F ederal or S tate j udicial or administrative proceedin g has previousl yb een invoked to resolve such complaint or (ii) submit a report under paragraph ( 1 ) . ( B ) EXTENSIO NS. — (i) V O LU NT ARY EXTENSION A G REE D TO B ET W EEN INS P E C TOR GENERAL AND CO M PLAINANT.— I f the inspector general is unable to complete an investigation under this section in time to submit a report w ithin the 1 80- day period specified under subparagraph ( A ) and the person submitting the complaint agrees to ane x tension of time, the inspector general shall submit a report under paragraph (1) within such additional period of time as shall be agreed upon between the inspector general and the person submitting the com- plaint. (ii) EXTENSION GRANTED BY INSPECTOR GENERAL.— If the inspector general is unable to complete an inves- tigation under this section in time to submit a report within the 180-day period specified under subpara- graph (A), the inspector general may extend the period for not more than 180 days without agreeing with the person submitting the complaint to such extension, provided that the inspector general provides a written explanation (subject to the authority to exclude information under paragraph ( 4 )( C )) for the decision, which shall be provided to both the person submitting the complaint and the non-Federal employer. (iii) SEMI-ANNUAL REPORT ON EXTENSIONS.— T he inspector general shall include in semi-annual reports to Congress a list of those investigations for which the inspector general received an extension. ( 3 ) D ISCRETION NOT TO IN V ESTIGATE COMPLAINTS.— (A) IN GENERAL.—The inspector general may decide not to conduct or continue an investigation under this section upon providing to the person submitting the com- plaint and the non-Federal employer a written explanation (subject to the authority to exclude information under para- graph (4)(C)) for such decision. (B) ASSUMPTION O F RIG H TS TO CIVIL REMEDY.— U pon receipt of an explanation of a decision not to conduct or continue an investigation under subparagraph (A), the per- son submitting a complaint shall immediately assume the right to a civil remedy under subsection (c)(3) as if the 2 10-day period specified under such subsection has already passed. (C) SEMI-ANNUAL REPORT.—The inspector general shall include in semi-annual reports to Congress a list of those investigations the inspector general decided not to conduct or continue under this paragraph. (4) ACCESS TO INVESTIGATIVE FILE OF INSPECTOR GEN- ERAL.— (A) IN GENERAL.—The person alleging a reprisal under this section shall have access to the investigation file of Reports.D eter mina tion.