103 STAT. 26 PUBLIC LAW 101-12—APR. 10, 1989 acted to correct the prohibited personnel practice, the Special Coun- sel shall file such finding with the Board, together with any written comments which the individual may provide. "(3) Whenever the Special Counsel petitions the Board for correc- tive action, the Board shall provide an opportunity for— "(A) oral or written comments by the Special Counsel, the agency involved, and the Office of Personnel Management; and "(B) written comments by any individual who alleges to be the subject of the prohibited personnel practice. 5 "(4)(A) The Board shall order such corrective action as the Board considers appropriate, if the Board determines that the Special Counsel has demonstrated that a prohibited personnel practice, other than one described in section 2302(b)(8), has occurred, exists, or is to be taken. "(B)(i) Subject to the provisions of clause (ii), in any case involving an alleged prohibited personnel practice as described under section 2302(b)(8), the Board shall order such corrective action as the Board considers appropriate if the Special Counsel has demonstrated that a disclosure described under section 2302(b)(8) was a contributing factor in the personnel action which was taken or is to be taken against the individual. "(ii) Corrective action under clause (i) may not be ordered if the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure. "(c)(1) Judicial review of any final order or decision of the Board under this section may be obtained by any employee, former em- ployee, or applicant for employment adversely affected by such order or decision. "(2) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b). Reports. "(d)(1) If, in connection with any investigation under this sub- chapter, the Special Counsel determines that there is reasonable cause to believe that a criminal violation has occurred, the Special Counsel shall report the determination to the Attorney General and to the head of the agency involved, and shall submit a copy of the report to the Director of the Office of Personnel Management and the Director of the Office of Management and Budget. "(2) In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel ^,^ shall proceed with any investigation or proceeding unless— "(A) the alleged violation has been reported to the Attorney General; and "(B) the Attorney General is pursuing an investigation, in which case the Special Counsel, after consultation with the Attorney General, has discretion as to whether to proceed. Reports. "(e) If, in connection with any investigation under this sub- chapter, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred other than one referred to in subsection (b) or (d), the Special Counsel shall report such violation to the head of the agency involved. The Special Counsel shall require, within 30 days after the receipt of the report by the agency, a certification by the head of the agency which states—
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