103 STAT. 28 PUBLIC LAW 101-12—APR. 10, 1989 Uniformed services. Reports. State and local governments. dent for appropriate action in lieu of being presented under subsec- tion (a). "(c)(1) In the case of members of the uniformed services and individuals employed by any person under contract with an agency to provide goods or services, the Special Counsel may transmit recommendations for disciplinary or other appropriate action (including the evidence on which such recommendations are based) to the head of the agency concerned. "(2) In any case in which the Special Counsel transmits rec- ommendations to an agency head under paragraph (1), the agency head shall, within 60 days after receiving such recommendations, transmit a report to the Special Counsel on each recommendation and the action taken, or proposed to be taken, with* respect to each such recommendation. "§ 1216. Other matters within the jurisdiction of the Offlce of Special Counsel "(a) In addition to the authority otherwise provided in this chap- ter, 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 chap- ter 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 intel- ligence 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 discrimi- nation found by any court or appropriate administrative author- ity 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)(1) If an investigation by the Special Counsel under subsection (a)(l) 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 7325. "(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. "§ 1217. Transmittal of information to Congress "The Special Counsel or any employee of the Special Counsel designated by the Special Counsel, shall transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and the Special Counsel's
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