Page:United States Statutes at Large Volume 108 Part 5.djvu/873

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• -S^*'^ - PUBLIC LAW 103-424—OCT. 29, 1994 108 STAT. 4363 (3) by inserting after subparagraph (D) (as redesignated by paragraph (1) of this subsection) the following new subparagraph: "(E) A determination by the Special Counsel under this paragraph shall not be cited or referred to in any proceeding under this paragraph or any other administrative or judicial proceeding for any purpose, without the consent of the person submitting the allegation of a prohibited personnel practice.". (e) REPORTS.— Section 1218 of title 5, United States Code, is amended by inserting "cases in which it did not make a determination whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken within the 240-day period specified in section 1214(b)(2)(A)(i)," after "investigations conducted by it,". SEC. 4. INDEPENDENT RIGHT OF ACTION. (a) SUBPOENAS.— Section 1221(d) of title 5, United States Code, is amended by striking out paragraph (1) and inserting in lieu thereof the following: "(1) At the request of an employee, former employee, or applicant for employment seeking corrective action under subsection (a), the Board shall issue a subpoena for the attendance and testimony of any person or the production of documentary or other evidence from any person if the Board finds that the testimony or production requested is not unduly burdensome and appears reasonably calculated to lead to the discovery of admissible evidence. ". (b) CORRECTIVE ACTIONS.—Section 1221(e)(1) is amended by 5 USC 1221. adding after the last sentence: "The employee may demonstrate that the disclosure was a contributing factor in the personnel action through circumstantial evidence, such as evidence that— "(A) the official taking the personnel action knew of the disclosure; and "(B) the personnel action occurred within a period of time such that a reasonable person could conclude that the disclosure was a contributing factor in the personnel action.". (c) REFERRALS. — Section 1221(f) of title 5, United States Code, is amended by adding after paragraph (2) the following new paragraph: "(3) If, based on evidence presented to it under this section, the Merit Systems Protection Board determines that there is reason to believe that a current employee may have committed a prohibited personnel practice, the Board shall refer the matter to the Special Counsel to investigate and take appropriate action under section 1215.". SEC. 5. PROHIBITED PERSONNEL PRACTICES. (a) PERSONNEL ACTIONS.— Section 2302(a)(2)(A) of title 5, United States Code, is amended— (1) in clause (ix) by striking out "and" after the semicolon; (2) by striking out clause (x) and inserting in lieu thereof the following: "(x) a decision to order psychiatric testing or examination; and "(xi) any other significant change in duties, responsibilities, or working conditions;"; and