Sec. 5. Termination of certain OSC investigations
248 words·~1 min read·
/bill/115/hr/69/eh/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 by adding at the end the following: Within 30 days of receiving an allegation from a person under paragraph (1), the Special Counsel may terminate an investigation under such paragraph with respect to the allegation, without further inquiry or an opportunity for the person 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 person and previously investigated by the Special Counsel; or had previously been filed by the person with the Merit Systems Protection Board; the Office of Special Counsel does not have jurisdiction to investigate the allegation; or the person knew or should have known of the alleged prohibited personnel practice earlier than the date that is 3 years before the date Special Counsel received the allegation.
If the Special Counsel terminates an investigation under subparagraph (A), not later than 30 days after the date of such termination the Special Counsel shall provide a written notification stating the basis for the termination to the person who made the allegation. Paragraph (1)(D) shall not apply to any termination under such subparagraph. . Section 1214 of title 5, United States Code, is amended— in subsection (a)(1)(A), by striking The Special Counsel and inserting Except as provided in paragraph (6), the Special Counsel ; and in subsection (a)(1)(C), in the matter before clause (i), by inserting or paragraph
(6)after paragraph
(2).