PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 29 views on functions, responsibilities, or other matters relating to the Office. Such information shall be transmitted concurrently to the President and any other appropriate agency in the executive branch. "§ 1218. Annual report "The Special Counsel shall submit an annual report to the Con- gress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited personnel prac- tices filed with it, investigations conducted by it, and actions initi- ated by it before the Merit Systems Protection Board, as well as a description of the recommendations and reports made by it to other agencies pursuant to this subchapter, and the actions taken by the agencies as a result of the reports or recommendations. The report required by this section shall include whatever recommendations for legislation or other action by Congress the Special Counsel may consider appropriate. "§ 1219. Public information "(a) The Special Counsel shall maintain and make available to the public— "(1) a list of noncriminal matters referred to heads of agencies under subsection (c) of section 1213, together with reports from heads of agencies under subsection (c)(1)(B) of such section relating to such matters; "(2) a list of matters referred to heads of agencies under section 1215(c)(2); "(3) a list of matters referred to heads of agencies under subsection (e) of section 1214, together with certifications from heads of agencies under such subsection; and "(4) reports from heads of agencies under section 1213(g)(1). "(b) The Special Counsel shall take steps to ensure that any list or report made available to the public under this section does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs. "SUBCHAPTER III—INDIVIDUAL RIGHT OF ACTION IN CERTAIN REPRISAL CASES "§ 1221. Individual right of action in certain reprisal cases "(a) Subject to the provisions of subsection (b) of this section and subsection 1214(a)(3), an employee, former employee, or applicant for employment may, with respect to any personnel action taken, or proposed to be taken, against such employee, former employee, or applicant for employment, as a result of a prohibited personnel practice described in section 2302(b)(8), seek corrective action from the Merit Systems Protection Board. "(b) This section may not be construed to prohibit any employee, former employee, or applicant for employment from seeking correc- tive action from the Merit Systems Protection Board before seeking corrective action from the Special Counsel, if such employee, former employee, or applicant for employment has the right to appeal directly to the Board under any law, rule, or regulation. Records. Classified information. Defense and national security.
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