Sec. 5. Termination of certain investigations by the Office of Special Counsel
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/bill/114/s/2968/rs/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 1214(a) of title 5, United States Code, is amended— in paragraph (1)(D), in the first sentence, by inserting other than a termination of an investigation described in paragraph (6)(A) after investigation of a prohibited personnel practice ; and by adding at the end the following: Not later than 30 days after receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel may terminate an investigation of the allegation without further inquiry or an opportunity for the individual who submitted the allegation to respond if the Special Counsel determines that— the same allegation, based on the same set of facts and circumstances had previously been— made by the individual; and investigated by the Special Counsel; or filed by the individual with the Merit Systems Protection Board; the Special Counsel does not have jurisdiction to investigate the allegation; or the individual knew or should have known of the alleged prohibited personnel practice on or before the date that is 3 years before the date on which the Special Counsel received the allegation.
Not later than 30 days after the date on which the Special Counsel terminates an investigation under subparagraph (A), the Special Counsel shall provide a written notification to the individual who submitted the allegation of a prohibited personnel practice that states the basis of the Special Counsel for terminating the investigation. .