,,ic #aaeth ,,congress #ast ,session ,s4 #ehb ,,in ,,the ,,house ,,of ,,representatives ,august #d1 #bjag,referred to the ,committee on ,oversight and ,government ,reform ,,an ,,act ,to reauthorize the ,office of ,special ,counsel1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,office of ,special ,counsel ,reauthorization ,act of #bjag4 #b4 ,adequate access of ,special ,counsel to information ,section #abab7;b7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,except as provided in subparagraph 7,b71 the ,special ,counsel1 in carrying out this subchapter1 is authorized to-- 7i7 have timely access to all records1 data1 reports1 audits1 reviews1 documents1 papers1 recommendations1 or other material available to the applicable agency that relate to an investigation1 review1 or inquiry conducted under-- 7,i7 section #abac1 #abad1 #abae1 or #abaf of this title2 or 7,,ii7 section #dcbd7;a7 of title #ch2 7ii7 request from any agency the information or assistance that may be necessary for the ,special ,counsel to carry out the duties and responsibilities of the ,special ,counsel under this subchapter2 and 7iii7 require1 during an investigation1 review1 or inquiry of an agency1 the agency to provide to the ,special ,counsel any record or other information that relates to an investigation1 review1 or inquiry conducted under-- 7,i7 section #abac1 #abad1 #abae1 or #abaf of this title2 or 7,,ii7 section #dcbd7;a7 of title #ch4 7,b7 7i7 ,the authorization of the ,special ,counsel under subparagraph 7,a7 shall not apply with respect to any entity that is an element of the intelligence community1 as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc71 unless the ,special ,counsel is investigating1 or otherwise carrying out activities relating to the enforcement of1 an action under subchapter ,,iii of chapter #gc4 7ii7 ,an ,inspector ,general may withhold from the ,special ,counsel material described in subparagraph 7,a7 if the ,inspector ,general determines that the material contains information derived from1 or pertaining to1 intelligence activities4 7iii7 ,the ,attorney ,general or an ,inspector ,general may withhold from the ,special ,counsel material described in subparagraph 7,a7 if-- 7,i7 7aa7 disclosing the material could reasonably be expected to interfere with a criminal investigation or prosecution that is ongoing as of the date on which the ,special ,counsel submits a request for the material2 or 7bb7 the material-- 7,,aa7 may not be disclosed pursuant to a court order2 or 7,,bb7 has been filed under seal under section #cgcj of title #ca2 and 7,,ii7 the ,attorney ,general or the ,inspector ,general1 as applicable1 submits to the ,special ,counsel a written report that describes-- 7aa7 the material being withheld2 and 7bb7 the reason that the material is being withheld4 7,c7 7i7 ,a claim of common law privilege by an agency1 or an officer or employee of an agency1 shall not prevent the ,special ,counsel from obtaining any material described in subparagraph 7,a77i7 with respect to the agency4 7ii7 ,the submission of material described in subparagraph 7,a77i7 by an agency to the ,special ,counsel may not be deemed to waive any assertion of privilege by the agency against a non-,federal entity or against an individual in any other proceeding4 7iii7 ,with respect to any record or other information made available to the ,special ,counsel by an agency under subparagraph 7,a71 the ,special ,counsel may only disclose the record or information for a purpose that is in furtherance of any authority provided to the ,special ,counsel in this subchapter4 7#f7 ,the ,special ,counsel shall submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and each committee of ,congress with jurisdiction over the applicable agency a report regarding any case of contumacy or failure to comply with a request submitted by the ,special ,counsel under paragraph 7#e77;,a74 4 #c4 ,information on whistleblower protections 7a7 ,agency responsibilities ,section #bcjb of title #e1 ,united ,states ,code1 is amended by striking subsection 7c7 and inserting the following3 7c7 7#a7 ,in this subsection-- 7,a7 the term new employee means an individual-- 7i7 appointed to a position as an employee on or after the date of enactment of the ,office of ,special ,counsel ,reauthorization ,act of #bjag2 and 7ii7 who has not previously served as an employee2 and 7,b7 the term whistleblower protections means the protections against and remedies for a prohibited personnel practice described in paragraph 7#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of paragraph 7#i7 of subsection 7b74 7#b7 ,the head of each agency shall be responsible for-- 7,a7 preventing prohibited personnel practices2 7,b7 complying with and enforcing applicable civil service laws1 rules1 and regulations1 and other aspects of personnel management2 and 7,c7 ensuring1 in consultation with the ,special ,counsel and the ,inspector ,general of the agency1 that employees of the agency are informed of the rights and remedies available to the employees under this chapter and chapter #ab1 including-- 7i7 information with respect to whistleblower protections available to new employees during a probationary period2 7ii7 the role of the ,office of ,special ,counsel and the ,merit ,systems ,protection ,board with respect to whistleblower protections2 and 7iii7 the means by which1 with respect to information that is otherwise required by law or ,executive order to be kept classified in the interest of national defense or the conduct of foreign affairs1 an employee may make a lawful disclosure of the information to-- 7,i7 the ,special ,counsel2 7,,ii7 the ,inspector ,general of an agency2 7,,iii7 ,congress2 or 7,,iv7 another employee of the agency who is designated to receive such a disclosure4 7#c7 ,the head of each agency shall ensure that the information described in paragraph 7#b7 is provided to each new employee of the agency not later than #ahj days after the date on which the new employee is appointed4 7#d7 ,the head of each agency shall make available information regarding whistleblower protections applicable to employees of the agency on the public website of the agency and on any online portal that is made available only to employees of the agency1 if such portal exists4 7#e7 ,any employee to whom the head of an agency delegates authority for any aspect of personnel management shall1 within the limits of the scope of the delegation1 be responsible for the activities described in paragraph 7#b74 4 7b7 ,training for supervisors 7#a7 ,definitions ,in this subsection-- 7,a7 the term agency means any entity the employees of which are covered by paragraphs 7#h7 and 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code1 without regard to whether any other provision of that title is applicable to the entity2 and 7,b7 the term whistleblower protections has the meaning given the term in section #bcjb7;c77#a77;,b7 of title #e1 ,united ,states ,code1 as amended by subsection 7a74 7#b7 ,training required ,the head of each agency1 in consultation with the ,special ,counsel and the ,inspector ,general of that agency 7or1 in the case of an agency that does not have an ,inspector ,general1 the senior ethics official of that agency71 shall provide the training described in paragraph 7#c74 7#c7 ,training described ,the training described in this paragraph shall-- 7,a7 cover the manner in which the agency shall respond to a complaint alleging a violation of whistleblower protections that are available to employees of the agency2 and 7,b7 be provided-- 7i7 to each employee of the agency who-- 7,i7 is appointed to a supervisory position in the agency2 and 7,,ii7 before the appointment described in subclause 7,i71 had not served in a supervisory position in the agency2 and 7ii7 on an annual basis to all employees of the agency who serve in supervisory positions in the agency4 7c7 ,information on appeal rights 7#a7 ,in general ,any notice provided to an employee under section #gejc7;b77#a71 section #geac7;b77#a71 or section #gedc7;b77#a7 of title #e1 ,united ,states ,code1 shall include detailed information with respect to-- 7,a7 the right of the employee to appeal an action brought under the applicable section2 7,b7 the forums in which the employee may file an appeal described in subparagraph 7,a72 and 7,c7 any limitations on the rights of the employee that would apply because of the forum in which the employee decides to file an appeal4 7#b7 ,development of information ,the information described in paragraph 7#a7 shall be developed by the ,director of the ,office of ,personnel ,management1 in consultation with the ,special ,counsel1 the ,merit ,systems ,protection ,board1 and the ,equal ,employment ,opportunity ,commission4 #d4 ,additional whistleblower provisions 7a7 ,prohibited personnel practices ,section #bcjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#i7-- 7i7 in subparagraph 7,c71 by inserting 7or any other component responsible for internal investigation or review7 after ,inspector ,general2 and 7ii7 in subparagraph 7,d71 by inserting 1 rule1 or regulation after law2 7,b7 in paragraph 7#ab71 by striking or at the end2 7,c7 in paragraph 7#ac71 by striking the period at the end and inserting 2 or2 and 7,d7 by inserting after paragraph 7#ac7 the following3 7#ad7 access the medical record of another employee or an applicant for employment as a part of1 or otherwise in furtherance of1 any conduct described in paragraphs 7#a7 through 7#ac74 2 and 7#b7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,e71 by striking or at the end2 7ii7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7iii7 by inserting after subparagraph 7,e7 the following3 7,f7 the disclosure was made before the date on which the individual was appointed or applied for appointment to a position2 or 2 and 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,if a disclosure is made during the normal course of duties of an employee1 the principal job function of whom is to regularly investigate and disclose wrongdoing 7in this paragraph referred to as the disclosing employee71 the disclosure shall not be excluded from subsection 7b77#h7 if the disclosing employee demonstrates that an employee who has the authority to take1 direct other individuals to take1 recommend1 or approve any personnel action with respect to the disclosing employee took1 failed to take1 or threatened to take or fail to take a personnel action with respect to the disclosing employee in reprisal for the disclosure made by the disclosing employee4 4 7b7 ,explanations for failure ,to take action ,section #abac of title #e1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking #ae days and inserting #de days2 and 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking ,any such report and inserting ,any report required under subsection 7c7 or paragraph 7#e7 of this subsection2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,upon receipt of any report that the head of an agency is required to submit under subsection 7c71 the ,special ,counsel shall review the report and determine whether-- 7,a7 the findings of the head of the agency appear reasonable2 and 7,b7 if the ,special ,counsel requires the head of the agency to submit a supplemental report under paragraph 7#e71 the reports submitted by the head of the agency collectively contain the information required under subsection 7d74 2 7,c7 in paragraph 7#c71 by striking agency report received pursuant to subsection 7c7 of this section and inserting report submitted to the ,special ,counsel by the head of an agency under subsection 7c7 or paragraph 7#e7 of this subsection2 and 7,d7 by adding at the end the following3 7#e7 ,if1 after conducting a review of a report under paragraph 7#b71 the ,special ,counsel concludes that the ,special ,counsel requires additional information or documentation to determine whether the report submitted by the head of an agency is reasonable and sufficient1 the ,special ,counsel may request that the head of the agency submit a supplemental report-- 7,a7 containing the additional information or documentation identified by the ,special ,counsel2 and 7,b7 that the head of the agency shall submit to the ,special ,counsel within a period of time specified by the ,special ,counsel4 4 7c7 ,transfer requests during stays 7#a7 ,priority granted ,section #abad7;b77#a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7,e7 ,if the ,board grants a stay under subparagraph 7,a71 the head of the agency employing the employee who is the subject of the action shall give priority to a request for a transfer submitted by the employee4 4 7#b7 ,probationary employees ,section #abba of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,if the ,board grants a stay under subsection 7c7 and the employee who is the subject of the action is in probationary status1 the head of the agency employing the employee shall give priority to a request for a transfer submitted by the employee4 4 7d7 ,retaliatory investigations ,section #abad of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,the ,special ,counsel may petition the ,board to order corrective action1 including fees1 costs1 or damages reasonably incurred by an employee due to an investigation of the employee by an agency1 if the investigation by an agency was commenced1 expanded1 or extended in retaliation for a disclosure or protected activity described in section #bcjb7;b77#h7 or subparagraph 7,a77i71 7,b71 7,c71 or 7,d7 of section #bcjb7;b77#i71 without regard to whether a personnel action1 as defined in section #bcjb7;a77#b77;,a71 is taken4 4 #e4 ,suicide by employees 7a7 ,definitions ,in this section-- 7#a7 the term agency means any entity the employees of which are covered by paragraphs 7#h7 and 7#i7 of section #bcjb7;b7 of title #e1 ,united ,states ,code1 without regard to whether any other provision of that title is applicable to the entity2 and 7#b7 the term personnel action has the meaning given the term in section #bcjb7;a77#b77;,a7 of title #e1 ,united ,states ,code4 7b7 ,referral 7#a7 ,in general ,the head of an agency shall refer to the ,special ,counsel1 along with any information known to the agency regarding the circumstances described in paragraph 7#b71 any instance in which the head of the agency has information indicating that an employee of the agency committed suicide4 7#b7 ,information ,the circumstances described in this paragraph are as follows3 7,a7 ,before the death of an employee described in paragraph 7#a71 the employee made a disclosure of information that reasonably evidences-- 7i7 a violation of a law1 rule1 or regulation2 7ii7 gross mismanagement2 7iii7 a gross waste of funds2 7iv7 an abuse of authority2 or 7v7 a substantial and specific danger to public health or safety4 7,b7 ,after a disclosure described in subparagraph 7,a71 a personnel action was taken with respect to the employee who made the disclosure4 7c7 ,office of ,special ,counsel review ,upon receiving a referral under subsection 7b77#a71 the ,special ,counsel shall-- 7#a7 examine whether a personnel action was taken with respect to an employee because of a disclosure described in subsection 7b77#b77;,a72 and 7#b7 take any action that the ,special ,counsel determines is appropriate under subchapter ,,ii of chapter #ab of title #e1 ,united ,states ,code4 #f4 ,protection of whistleblowers as criteria in performance appraisals 7a7 ,establishment of systems ,section #dcjb of title #e1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 and 7#b7 by inserting after subsection 7a7 the following3 7b7 7#a7 ,the head of each agency1 in consultation with the ,director of the ,office of ,personnel ,management and the ,special ,counsel1 shall develop criteria that-- 7,a7 the head of the agency shall use as a critical element for establishing the job requirements of a supervisory employee2 and 7,b7 promote the protection of whistleblowers4 7#b7 ,the criteria required under paragraph 7#a7 shall include-- 7,a7 principles for the protection of whistleblowers1 such as the degree to which supervisory employees-- 7i7 respond constructively when employees of the agency make disclosures described in subparagraph 7,a7 or 7,b7 of section #bcjb7;b77#h72 7ii7 take responsible actions to resolve the disclosures described in clause 7i72 and 7iii7 foster an environment in which employees of the agency feel comfortable making disclosures described in clause 7i7 to supervisory employees or other appropriate authorities2 and 7,b7 for each supervisory employee-- 7i7 whether the agency entered into an agreement with an individual who alleged that the supervisory employee committed a prohibited personnel practice2 and 7ii7 if the agency entered into an agreement described in clause 7i71 the number of instances in which the agency entered into such an agreement with respect to the supervisory employee4 7#c7 ,in this subsection-- 7,a7 the term agency means any entity the employees of which are covered by paragraphs 7#h7 and 7#i7 of section #bcjb7;b71 without regard to whether any other provision of this section is applicable to the entity2 7,b7 the term prohibited personnel practice has the meaning given the term in section #bcjb7;a77#a72 7,c7 the term supervisory employee means an employee who would be a supervisor1 as defined in section #gajc7;a71 if the agency employing the employee was an agency for purposes of chapter #ga2 and 7,d7 the term whistleblower means an employee who makes a disclosure described in section #bcjb7;b77#h74 4 7b7 ,criteria for performance appraisals ,section #dcac of title #e1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d71 by striking and at the end2 7#b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#f7 protecting whistleblowers1 as described in section #dcjb7;b77#b74 4 7c7 ,annual report to ,congress on unacceptable performance in whistleblower protection 7#a7 ,definitions ,in this subsection1 the terms agency and whistleblower have the meanings given the terms in section #dcjb7;b77#c7 of title #e1 ,united ,states ,code1 as amended by subsection 7a74 7#b7 ,report ,each agency shall annually submit to the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate1 the ,committee on ,oversight and ,government ,reform of the ,house of ,representatives1 and each committee of ,congress with jurisdiction over the agency a report that details-- 7,a7 the number of performance appraisals1 for the year covered by the report1 that determined that an employee of the agency failed to meet the standards for protecting whistleblowers that were established under section #dcjb7;b7 of title #e1 ,united ,states ,code1 as amended by subsection 7a72 7,b7 the reasons for the determinations described in subparagraph 7,a72 and 7,c7 each performance-based or corrective action taken by the agency in response to a determination under subparagraph 7,a74 7d7 ,technical and conforming amendment ,section #dcja of title #e1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking ,for the purpose of and inserting ,except as otherwise expressly provided1 for the purpose of4 #g4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,in general ,subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers 7a7 ,definitions ,in this section-- 7#a7 the term agency-- 7,a7 has the meaning given the term in section #bcjb7;a77#b77;,c71 without regard to whether any other provision of this chapter is applicable to the entity2 and 7,b7 does not include any entity that is an element of the intelligence community1 as defined in section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc72 7#b7 the term prohibited personnel action means taking or failing to take an action in violation of paragraph 7#h7 or 7#i7 of section #bcjb7;b7 against an employee of an agency2 and 7#c7 the term supervisor means an employee who would be a supervisor1 as defined in section #gajc7;a71 if the entity employing the employee was an agency4 7b7 ,proposed disciplinary actions 7#a7 ,in general ,if the head of the agency in which a supervisor is employed1 an administrative law judge1 the ,merit ,systems ,protection ,board1 the ,special ,counsel1 a judge of the ,united ,states1 or the ,inspector ,general of the agency in which a supervisor is employed has determined that the supervisor committed a prohibited personnel action1 the head of the agency in which the supervisor is employed1 consistent with the procedures required under paragraph 7#b7-- 7,a7 for the first prohibited personnel action committed by the supervisor-- 7i7 shall propose suspending the supervisor for a period that is not less than #c days2 and 7ii7 may propose an additional action determined appropriate by the head of the agency1 including a reduction in grade or pay2 and 7,b7 for the second prohibited personnel action committed by the supervisor1 shall propose removing the supervisor4 7#b7 ,procedures 7,a7 ,notice ,a supervisor against whom an action is proposed to be taken under paragraph 7#a7 is entitled to written notice that-- 7i7 states the specific reasons for the proposed action2 and 7ii7 informs the supervisor about the right of the supervisor to review the material that constitutes the factual support on which the proposed action is based4 7,b7 ,answer and evidence 7i7 ,in general ,a supervisor who receives notice under subparagraph 7,a7 may1 not later than #ad days after receiving the notice1 submit an answer and furnish evidence in support of that answer4 7ii7 ,no evidence furnished2 insufficient evidence furnished ,if1 after the end of the #ad-;day period described in clause 7i71 a supervisor does not furnish any evidence as described in that clause1 or if the head of the agency in which the supervisor is employed determines that the evidence furnished by the supervisor is insufficient1 the head of the agency shall carry out the action proposed under subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7,c7 ,scope of procedures ,an action carried out under this section-- 7i7 except as provided in clause 7ii71 shall be subject to the same requirements and procedures1 including those with respect to an appeal1 as an action under section #gejc1 #geac1 or #gedc2 and 7ii7 shall not be subject to-- 7,i7 paragraphs 7#a7 and 7#b7 of section #gejc7;b72 7,,ii7 paragraphs 7#a7 and 7#b7 of subsection 7b7 and subsection 7c7 of section #geac2 and 7,,iii7 paragraphs 7#a7 and 7#b7 of subsection 7b7 and subsection 7c7 of section #gedc4 7#c7 ,non-delegation ,if the head of an agency is responsible for determining whether a supervisor has committed a prohibited personnel action for purposes of paragraph 7#a71 the head of the agency may not delegate that responsibility4 4 7b7 ,technical and conforming amendment ,the table of sections for subchapter ,,ii of chapter #ge of title #e1 ,united ,states ,code1 is amended by inserting after the item relating to section #gead the following3 #geae4 ,discipline of supervisors based on retaliation against whistleblowers4 4 #h4 ,termination of certain investigations by the ,office of ,special ,counsel ,section #abad7;a7 of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 7,a7 ,notwithstanding any other provision of this section1 not later than #cj days after receiving an allegation of a prohibited personnel practice under paragraph 7#a71 the ,special ,counsel may terminate an investigation of the allegation without further inquiry if the ,special ,counsel determines that-- 7i7 the same allegation1 based on the same set of facts and circumstances had previously been-- 7,i7 7aa7 made by the individual2 and 7bb7 investigated by the ,special ,counsel2 or 7,,ii7 filed by the individual with the ,merit ,systems ,protection ,board2 7ii7 the ,special ,counsel does not have jurisdiction to investigate the allegation2 or 7iii7 the individual knew or should have known of the alleged prohibited personnel practice on or before the date that is #c years before the date on which the ,special ,counsel received the allegation4 7,b7 ,not later than #cj days after the date on which the ,special ,counsel terminates an investigation under subparagraph 7,a71 the ,special ,counsel shall provide a written notification to the individual who submitted the allegation of a prohibited personnel practice that states the basis of the ,special ,counsel for terminating the investigation4 4 #i4 ,allegations of wrongdoing within the ,office of ,special ,counsel ,section #abab of title #e1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,the ,special ,counsel shall enter into at least one agreement with the ,inspector ,general of an agency under which-- 7#a7 the ,inspector ,general shall-- 7,a7 receive1 review1 and investigate allegations of prohibited personnel practices or wrongdoing filed by employees of the ,office of ,special ,counsel2 and 7,b7 develop a method for an employee of the ,office of ,special ,counsel to directly communicate with the ,inspector ,general2 and 7#b7 the ,special ,counsel-- 7,a7 may not require an employee of the ,office of ,special ,counsel to seek authorization or approval before directly contacting the ,inspector ,general in accordance with the agreement2 and 7,b7 may reimburse the ,inspector ,general for services provided under the agreement4 4 #aj4 ,reporting requirements 7a7 ,annual report ,section #abah of title #e1 ,united ,states ,code1 is amended to read as follows3 #abah4 ,annual report ,the ,special ,counsel shall submit to ,congress1 on an annual basis1 a report on the activities of the ,special ,counsel1 which shall include1 for the year preceding the submission of the report-- 7#a7 the number1 types1 and disposition of allegations of prohibited personnel practices filed with the ,special ,counsel and the costs of resolving such allegations2 7#b7 the number of investigations conducted by the ,special ,counsel2 7#c7 the number of stays and disciplinary actions negotiated with agencies by the ,special ,counsel2 7#d7 the number of subpoenas issued by the ,special ,counsel2 7#e7 the number of instances in which the ,special ,counsel reopened an investigation after the ,special ,counsel had made an initial determination with respect to the investigation2 7#f7 the actions that resulted from reopening investigations1 as described in paragraph 7#e72 7#g7 the number of instances in which the ,special ,counsel did not make a determination before the end of the #bdj-;day period described in section #abad7;b77#b77;,a77i7 regarding whether there were reasonable grounds to believe that a prohibited personnel practice had occurred1 existed1 or was to be taken2 7#h7 a description of the recommendations and reports made by the ,special ,counsel to other agencies under this subchapter and the actions taken by the agencies as a result of the recommendations or reports2 7#i7 the number of-- 7,a7 actions initiated before the ,merit ,systems ,protection ,board1 including the number of corrective action petitions and disciplinary action complaints initiated2 and 7,b7 stays and extensions of stays obtained from the ,merit ,systems ,protection ,board2 7#aj7 the number of prohibited personnel practice complaints that resulted in a favorable action for the complainant1 other than a stay or an extension of a stay1 organized by actions in-- 7,a7 complaints dealing with reprisals against whistleblowers2 and 7,b7 all other complaints2 and 7#aa7 the number of prohibited personnel practice complaints that were resolved by an agreement between an agency and an individual1 organized by agency and agency components1 in-- 7,a7 complaints dealing with reprisals against whistleblowers2 and 7,b7 all other complaints2 7#ab7 the number of corrective actions that the ,special ,counsel required an agency to take after a finding by the ,special ,counsel of a prohibited personnel practice1 as defined in section #bcjb7;a77#a72 and 7#ac7 the results for the ,office of ,special ,counsel of any employee viewpoint survey conducted by the ,office of ,personnel ,management or any other agency4 4 7b7 ,public information ,section #abai7;a77#a7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7#a7 a list of any noncriminal matters referred to the head of an agency under section #abac7;c71 together with-- 7,a7 a copy of the information transmitted to the head of the agency under section #abac7;c77#a72 7,b7 any report from the agency under section #abac7;c77#a77;,b7 relating to the matter2 7,c7 if appropriate1 not otherwise prohibited by law1 and consented to by the complainant1 any comments from the complainant under section #abac7;e77#a7 relating to the matter2 and 7,d7 the comments or recommendations of the ,special ,counsel under paragraph 7#c7 or 7#d7 of section #abac7;e72 4 7c7 ,notice of complaint settlements ,section #abag of title #e1 ,united ,states ,code1 is amended-- 7#a7 by striking ,the ,special ,counsel and inserting3 7a7 ,in general ,the ,special ,counsel 2 and 7#b7 by adding at the end the following3 7b7 ,additional report required 7#a7 ,in general ,if an allegation submitted to the ,special ,counsel is resolved by an agreement between an agency and an individual1 the ,special ,counsel shall submit to ,congress and each congressional committee with jurisdiction over the agency a report regarding the agreement4 7#b7 ,contents ,the report required under paragraph 7#a7 shall identify1 with respect to an agreement described in that paragraph-- 7,a7 the agency that entered into the agreement2 7,b7 the position and employment location of the employee who submitted the allegation that formed the basis of the agreement2 7,c7 the position and employment location of any employee alleged by an employee described in subparagraph 7,b7 to have committed a prohibited personnel practice1 as defined in section #bcjb7;a77#a72 7,d7 a description of the allegation described in subparagraph 7,b72 and 7,e7 whether the agency that entered into the agreement has agreed to pursue any disciplinary action as a result of the allegation described in subparagraph 7,b74 4 #aa4 ,establishment of survey pilot program 7a7 ,in general ,the ,office of ,special ,counsel shall design and establish a pilot program under which the ,office shall conduct1 during the first full fiscal year after the date of enactment of this ,act1 a survey of individuals who have filed a complaint or disclosure with the ,office4 7b7 ,purpose ,the survey under subsection 7a7 shall be designed for the purpose of collecting information and improving service at various stages of a review or investigation by the ,office of ,special ,counsel4 7c7 ,results ,the results of the survey under subsection 7a7 shall be published in the annual report of the ,office of ,special ,counsel4 7d7 ,suspension of other surveys ,during the period beginning on ,october #a1 #bjag1 and ending on ,september #cj1 #bjah1 section #ac of the ,act entitled ,an ,act to reauthorize the ,office of ,special ,counsel1 and for other purposes1 approved ,october #bi1 #aiid 7#e ,u4,s4,c4 #abab note71 shall have no force or effect4 #ab4 ,regulations 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,special ,counsel shall prescribe such regulations as may be necessary to perform-- 7#a7 the functions of the ,special ,counsel under subchapter ,,ii of chapter #ab of title #e1 ,united ,states ,code1 including regulations that are necessary to carry out sections #abac1 #abad1 and #abae of that title2 and 7#b7 any functions of the ,special ,counsel that are required because of the amendments made by this ,act4 7b7 ,publication ,any regulations prescribed under subsection 7a7 shall be published in the ,federal ,register4 #ac4 ,authorization of appropriations 7a7 ,in general ,section #h7;a77#b7 of the ,whistleblower ,protection ,act of #aihi 7#e ,u4,s4,c4 #eeji note7 is amended by striking #bjjc1 #bjjd1 #bjje1 #bjjf1 and #bjjg and inserting #bjag through #bjbb4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect as though enacted on ,september #cj1 #bjae4 #ad4 ,technical amendment ,section #abad7;b77#a77;,b77ii7 of title #e1 ,united ,states ,code1 as amended by section #a of the ,act entitled ,an ,act to amend section #abad of title #e1 ,united ,states ,code1 to provide for stays during a period that the ,merit ,systems ,protection ,board lacks a quorum4 7,s4 #ajhc1 #aaeth ,congress1 #ast ,session71 is amended by striking who was appointed1 by and with the advice and consent of the ,senate14 ,passed the ,senate ,august #a1 #bjag4 ,julie ,e4 ,adams1 ,secretary