Page:United States Statutes at Large Volume 92 Part 1.djvu/1183

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1129

prohibited activity under investigation or for any related activity without the approval of the Special Counsel. "(g)(1) Except as provided in paragraph (2) of this subsection, if the Special Counsel determines that disciplinary action should be taken against any employee— " (A) after any investigation under this section, or "(B) on the basis of any knowing and willful refusal or failure by an employee to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing his determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Merit Systems Protection Board in accordance with section 1207 of this title. "(2) In the case of an employee in a confidential, policy-making, •' ' • policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in paragraph (1) of this subsection, together with any response by the employee, shall be presented to the President for appropriate action in lieu of being presented under section 1207 of this title. ,..,, "(h) If the Special Counsel believes there is a pattern of prohibited personnel practices and such practices involve matters which are not otherwise appealable to the Board under section 7701 of this title, the Post, p. 1138. Special Counsel may seek corrective action by filing a written complaint with the Board against the agency or employee involved and the Board shall order such corrective action as the Board determines necessary. " (i) The Special Counsel may as a matter of right interv^ene or otherwise participate in any proceeding before the Merit Systems Protection Board, except that the Special Counsel shall comply with the rules of the Board and the Special Counsel shall not have any right of judicial review in connection with such intervention. ^,^, " (J)(1) The Special Counsel may appoint the legal, administrative, and support personnel necessary to perform the functions of the Special Counsel. " (2) Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of- chapter 33 of this title). 5 USC 3324. "(k) The Special Counsel may prescribe regulations relating to the Post, p. 1161. receipt and investigation of matters under the jurisdiction of the Spe- Regulations. cial Counsel. Such regulations shall be published in the Federal Publication in Federal Register. Eegister. "(1) The Special Counsel shall not issue any advisory opinion concerning any law, rule, or regulation (other than an advisory opinion concerning chapter 15 or subchapter III of chapter 73 of this title). 5 USC 1501 et "(m) The Special Counsel shall submit an annual report to the Con- seq., 7321. gress on the activities of the Special Counsel, including the number, Report to types, and disposition of allegations of prohibited personnel practices Congress. filed with it, investigations conducted by it, and actions initiated by it before the Board, as well as a description of the recommendations and reports made by it to other agencies pursuant to this section, and the actions taken by the agencies as a result of the reports or recom-

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