(a)In addition to the authority otherwise provided in this chapter, the Special Counsel shall, except as provided in subsection (b), conduct an investigation of any allegation concerning—
(1)political activity prohibited under subchapter III of chapter 73, relating to political activities by Federal employees;
(2)political activity prohibited under chapter 15, relating to political activities by certain State and local officers and employees;
(3)arbitrary or capricious withholding of information prohibited under section
552, except that the Special Counsel shall make no investigation of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order;
(4)activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and
(5)involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action.
(b)The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in subsection (a)(5), if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure.
(c)If the Special Counsel receives an allegation concerning any matter under paragraph (1), (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section
1214 and disciplinary action under section
1215 in the same way as if a prohibited personnel practice were involved.
1993—Subsec. (c). Pub. L. 103–94amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows:
“(1) If an investigation by the Special Counsel under subsection (a)(1) substantiates an allegation relating to any activity prohibited under section
7324, the Special Counsel may petition the Merit Systems Protection Board for any penalties provided for under section
“(2) If the Special Counsel receives an allegation concerning any matter under paragraph (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section
1214 in the same way as if a prohibited personnel practice were involved.”
Effective Date of 1993 Amendment; Savings Provision
Amendment by Pub. L. 103–94effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94had not been enacted, see section 12 ofPub. L. 103–94, set out as an Effective Date; Savings Provision note under section
7321 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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