court determined the allegations to be frivolous 
or malicious; 
(C) an analysis of the outcome of cases de-
scribed under subparagraph (A) that were de-
cided by the United States Court of Appeals for 
the District of Columbia Circuit and the impact 
the process has on the Merit Systems Protec-
tion Board and the Federal court system; and 
(D) any other matter as determined by the 
Comptroller General. 
(b) MERIT SYSTEMS PROTECTION BOARD.— 
(1) IN GENERAL.—Each report submitted by 
the Merit Systems Protection Board under section 
1116 of title 31, United States Code, shall, with re-
spect to the period covered by such report, include 
as an addendum the following: 
(A) Information relating to the outcome of 
cases decided during the applicable year of the 
report in which violations of section 2302(b)(8) 
or subparagraph (A)(i), (B)(i), (C), or (D) of 
section 2302(b)(9) of title 5, United States 
Code, were alleged. 
(B) The number of such cases filed in the 
regional and field offices, the number of peti-
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tions for review filed in such cases, and the out-
comes of such cases. 
(2) FIRST REPORT.—The first report described 
under paragraph (1) submitted after the date of en-
actment of this Act shall include an addendum re-
quired under that paragraph that covers the period 
beginning on the first day of the calendar year in 
which occurs the date of enactment of this Act and 
ending on the last day of the fiscal year in which 
such date of enactment occurs. 
SEC. 117. ALTERNATIVE REVIEW. 
Section 1221 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(k)(1) For purposes of this subsection, the term ‘ap-
propriate United States district court’, as used with re-
spect to an alleged prohibited personnel practice, means 
the United States district court for the judicial district 
in which— 
‘‘(A) such prohibited personnel practice is al-
leged to have been committed; or 
‘‘(B) the employee, former employee, or appli-
cant for employment allegedly affected by such pro-
hibited personnel practice resides. 
‘‘(2) An employee, former employee, or applicant for 
employment in any case to which paragraph (4) or (5) 
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applies may file an action at law or equity for de novo 
review in the appropriate United States district court. 
‘‘(3) Upon initiation of any action under paragraph 
(2), the Board shall stay any other claims of such em-
ployee, former employee, or applicant pending before the 
Board at that time which arise out of the same set of oper-
ative facts. Such claims shall be stayed pending completion 
of the action filed under paragraph (2) before the appro-
priate United States district court. 
‘‘(4) This paragraph applies in any case in which— 
‘‘(A) an employee, former employee, or appli-
cant for employment— 
‘‘(i) seeks corrective action from the Merit 
Systems 
Protection 
Board 
under 
section 
1221(a) based on an alleged prohibited per-
sonnel practice, described in section 2302(b)(8) 
or subparagraph (A)(i), (B), (C), or (D) of sec-
tion 2302(b)(9), for which the associated per-
sonnel action is an action covered under section 
7512 or 7542; or 
‘‘(ii) files an appeal under section 7701(a) 
alleging as an affirmative defense the commis-
sion of a prohibited personnel practice, de-
scribed in section 2302(b)(8) or subparagraph 
(A)(i), (B), (C), or (D) of section 2302(b)(9), 
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for which the associated personnel action is an 
action covered under section 7512 or 7542; 
‘‘(B) no final order or decision is issued by the 
Board within 270 days after the date on which a re-
quest for that corrective action or appeal has been 
duly submitted, unless the Board determines that 
the employee, former employee, or applicant for em-
ployment engaged in conduct intended to delay the 
issuance of a final order or decision by the Board; 
and 
‘‘(C) such employee, former employee, or appli-
cant provides written notice to the Board of filing an 
action under this subsection before the filing of that 
action. 
‘‘(5) This paragraph applies in any case in which— 
‘‘(A) an employee, former employee, or appli-
cant for employment— 
‘‘(i) seeks corrective action from the Merit 
Systems 
Protection 
Board 
under 
section 
1221(a) based on an alleged prohibited per-
sonnel practice, described in section 2302(b)(8) 
or subparagraph (A)(i), (B), (C), or (D) of sec-
tion 2302(b)(9), for which the associated per-
sonnel action is an action covered under section 
7512 or 7542; or 
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‘‘(ii) 
files 
an 
appeal 
under 
section 
7701(a)(1) alleging as an affirmative defense 
the commission of a prohibited personnel prac-
tice, described in section 2302(b)(8) or sub-
paragraph (A)(i), (B), (C), or (D) of section 
2302(b)(9), for which the associated personnel 
action is an action covered under section 7512 
or 7542; 
‘‘(B)(i) within 30 days after the date on which 
the request for corrective action or appeal was duly 
submitted, such employee, former employee, or appli-
cant for employment files a motion requesting a cer-
tification consistent with subparagraph (C) to the 
Board or an administrative law judge or other em-
ployee of the Board designated to hear the case; and 
‘‘(ii) such employee has not previously filed a 
motion under clause (i) related to that request for 
corrective action; and 
‘‘(C) the Board or an administrative law judge 
or other employee of the Board designated to hear 
the case certifies that— 
‘‘(i) under standards applicable to the re-
view of motions to dismiss under rule 12(b)(6) 
of the Federal Rules of Civil Procedure, includ-
ing rule 12(d) thereof, the request for corrective 
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action (including any allegations made with the 
motion under subparagraph (B)) would not be 
subject to dismissal; and 
‘‘(ii)(I) the Board is not likely to dispose 
of the case within 270 days after the date on 
which a request for that corrective action has 
been duly submitted; or 
‘‘(II) the case— 
‘‘(aa) consists of multiple claims; 
‘‘(bb) requires complex or extensive 
discovery; 
‘‘(cc) arises out of the same set of op-
erative facts as any civil action against the 
Government filed by the employee, former 
employee, or applicant pending in a court 
of the United States; or 
‘‘(dd) involves a question of law for 
which there is no controlling precedent. 
‘‘(6) The Board shall grant or deny any motion re-
questing a certification described under paragraph 
(5)(C)(ii) within 90 days after the submission of such mo-
tion and the Board may not issue a decision on the merits 
of a request for corrective action within 15 days after 
granting or denying a motion requesting certification. 
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