; or (II) had previously been filed by the person with the Merit Systems Protection Board; (ii) the Office of Special Counsel does not have jurisdiction to investigate the allegation; or (iii) the person knew or should have known of the alleged prohibited personnel practice earlier than the date that is 3 years before the date Special Counsel received the allegation. (B) If the Special Counsel terminates an investigation under subparagraph (A), not later than 30 days after the date of such termination the Special Counsel shall provide a written notification stating the basis for the termination to the person who made the allegation. Paragraph (1)(D) shall not apply to any termination under such subparagraph. . (b) Conforming amendments Section 1214 of title 5, United States Code, is amended— (1) in subsection (a)(1)(A), by striking The Special Counsel and inserting Except as provided in paragraph (6), the Special Counsel ; and (2) in subsection (a)(1)(C), in the matter before clause (i), by inserting or paragraph (6) after paragraph (2) . 6. Reporting requirements (a) OSC annual report to Congress Section 1218 of title 5, United States Code, is amended to read as follows: 1218. Annual report (a) The Special Counsel shall submit an annual report to Congress on the activities of the Special Counsel. Any such report shall include— (1) the number, types, and disposition of allegations of prohibited personnel practices filed with the Special Counsel, and the cost of allegations so disposed of; (2) the number of investigations conducted by the Special Counsel; (3) the number of stays or disciplinary actions negotiated by the Special Counsel with agencies; (4) the number of cases in which the Special Counsel 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)