; and (II) written comments by any individual who alleges to be the subject of the reprisal in violation of subsection (a). (ii) The Merit Systems Protection Board shall make available the oral and written comments described in clause (i)(I) to any individual who alleges to be the subject of a reprisal in violation of subsection (a) with respect to which such comments were made. (D) (i) Subject to the provisions of clause (ii), the Merit Systems Protection Board shall order such corrective action as the Board considers appropriate if the Inspector General of the Department of Justice has demonstrated that a disclosure described in subsection (a) was a contributing factor in the personnel action (as defined in such subsection) which was taken or is going to be taken against the individual. (ii) Corrective action under clause (i) may not be ordered if, after a finding that a disclosure described in subsection (a) was a contributing factor, the agency demonstrates by clear and convincing evidence that it would have taken the same personnel action in the absence of such disclosure. (3) (A) Judicial review of any final order or decision of the Merit Systems Protection Board under this subsection may be obtained by any employee, former employee, or applicant for employment adversely affected by such order or decision. (B) A petition for review under this subsection shall be filed with such court, and within such time, as provided for under section 7703(b). (4) If, in connection with any investigation under this section, the Inspector General of the Department of Justice determines that there is reasonable cause to believe that a criminal violation has occurred, the Inspector General of the Department of Justice shall report the determination to the Attorney General, 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. (5) If, in connection with any investigation under this section, the Inspector General of the Department of