H. R. 2810—333 
Ranking Member, of the Committee on Appropriations of the Senate 
or the House of Representatives, the Secretary of Defense shall 
make available (in an appropriate manner with respect to classified 
or other protected information) to the Chairman and Ranking 
Member of the requesting committee a settlement agreement 
(including a consent decree) in any civil action in a court of com-
petent jurisdiction involving the Department of Defense, a military 
department, or a Defense Agency. 
(b) PROVISION OF SETTLEMENT AGREEMENTS.—The Secretary 
shall take all necessary steps to ensure the settlement agreement 
is provided to the Chairman and Ranking Member of the requesting 
committee, including by making any necessary requests to a court 
with competent jurisdiction over the settlement. 
SEC. 1097. OFFICE OF SPECIAL COUNSEL REAUTHORIZATION. 
(a) ADEQUATE ACCESS OF SPECIAL COUNSEL TO INFORMATION.— 
Section 1212(b) of title 5, United States Code, is amended by adding 
at the end the following: 
‘‘(5)(A) Except as provided in subparagraph (B), the Special 
Counsel, in carrying out this subchapter, is authorized to— 
‘‘(i) have timely access to all records, data, reports, audits, 
reviews, documents, papers, recommendations, or other mate-
rial available to the applicable agency that relate to an inves-
tigation, review, or inquiry conducted under— 
‘‘(I) section 1213, 1214, 1215, or 1216 of this title; 
or 
‘‘(II) section 4324(a) of title 38; 
‘‘(ii) 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 subchapter; and 
‘‘(iii) require, during an investigation, review, or inquiry 
of an agency, the agency to provide to the Special Counsel 
any record or other information that relates to an investigation, 
review, or inquiry conducted under— 
‘‘(I) section 1213, 1214, 1215, or 1216 of this title; 
or 
‘‘(II) section 4324(a) of title 38. 
‘‘(B)(i) The authorization of the Special Counsel under subpara-
graph (A) shall not apply with respect to any entity that is an 
element of the intelligence community, as defined in section 3 
of the National Security Act of 1947 (50 U.S.C. 3003), unless the 
Special Counsel is investigating, or otherwise carrying out activities 
relating to the enforcement of, an action under subchapter III 
of chapter 73. 
‘‘(ii) An Inspector General may withhold from the Special 
Counsel material described in subparagraph (A) if the Inspector 
General determines that the material contains information derived 
from, or pertaining to, intelligence activities. 
‘‘(iii) The Attorney General or an Inspector General may with-
hold from the Special Counsel material described in subparagraph 
(A) if— 
‘‘(I)(aa) 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 material; or 
‘‘(bb) the material—
H. R. 2810—334 
‘‘(AA) may not be disclosed pursuant to a court order; 
or 
‘‘(BB) has been filed under seal under section 3730 
of title 31; and 
‘‘(II) the Attorney General or the Inspector General, as 
applicable, submits to the Special Counsel a written report 
that describes— 
‘‘(aa) the material being withheld; and 
‘‘(bb) the reason that the material is being withheld. 
‘‘(C)(i) A claim of common law privilege by an agency, or an 
officer or employee of an agency, shall not prevent the Special 
Counsel from obtaining any material described in subparagraph 
(A)(i) with respect to the agency. 
‘‘(ii) The submission of material described in subparagraph 
(A)(i) 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 proceeding. 
‘‘(iii) With respect to any record or other information made 
available to the Special Counsel by an agency under subparagraph 
(A), 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 under this subchapter. 
‘‘(6) The Special Counsel shall submit to the Committee on 
Homeland Security and Governmental Affairs of the Senate, the 
Committee on Oversight and Government Reform of the House 
of Representatives, and each committee of Congress with jurisdic-
tion 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 (5)(A).’’. 
(b) INFORMATION ON WHISTLEBLOWER PROTECTIONS.— 
(1) AGENCY RESPONSIBILITIES.— 
(A) REPEAL.—Section 2307 of chapter 23 of title 5, 
United States Code, and the item related to such section 
in the table of sections for such chapter, is repealed. 
(B) INFORMATION ON WHISTLEBLOWER PROTECTIONS.— 
Section 2302 of title 5, United States Code, is amended 
by— 
(i) redesignating subsections (c), (d), and (e) as 
subsections (d), (e), and (f), respectively; and 
(ii) by inserting after subsection (b) the following: 
‘‘(c)(1) In this subsection— 
‘‘(A) the term ‘new employee’ means an individual— 
‘‘(i) appointed to a position as an employee on or after 
the date of enactment of this subsection; and 
‘‘(ii) who has not previously served as an employee; 
and 
‘‘(B) the term ‘whistleblower protections’ means the protec-
tions against and remedies for a prohibited personnel practice 
described in paragraph (8) or subparagraph (A)(i), (B), (C), 
or (D) of paragraph (9) of subsection (b). 
‘‘(2) The head of each agency shall be responsible for— 
‘‘(A) preventing prohibited personnel practices; 
‘‘(B) complying with and enforcing applicable civil service 
laws, rules, and regulations and other aspects of personnel 
management; and 
‘‘(C) ensuring, in consultation with the Special Counsel 
and the Inspector General of the agency, that employees of
H. R. 2810—335 
the agency are informed of the rights and remedies available 
to the employees under this chapter and chapter 12, including— 
‘‘(i) information with respect to whistleblower protec-
tions available to new employees during a probationary 
period; 
‘‘(ii) the role of the Office of Special Counsel and the 
Merit Systems Protection Board with respect to whistle-
blower protections; and 
‘‘(iii) the means by which, 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 affairs, an employee may make a 
lawful disclosure of the information to— 
‘‘(I) the Special Counsel; 
‘‘(II) the Inspector General of an agency; 
‘‘(III) Congress; or 
‘‘(IV) another employee of the agency who is des-
ignated to receive such a disclosure. 
‘‘(3) The head of each agency shall ensure that the information 
described in paragraph (2) is provided to each new employee of 
the agency not later than 180 days after the date on which the 
new employee is appointed. 
‘‘(4) 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 agency, 
if such portal exists. 
‘‘(5) Any employee to whom the head of an agency delegates 
authority for any aspect of personnel management shall, within 
the limits of the scope of the delegation, be responsible for the 
activities described in paragraph (2).’’. 
(2) INFORMATION ON APPEAL RIGHTS.— 
(A) IN GENERAL.—Any notice provided to an employee 
under section 7503(b)(1), section 7513(b)(1), or section 
7543(b)(1) of title 5, United States Code, shall include 
detailed information with respect to— 
(i) the right of the employee to appeal an action 
brought under the applicable section; 
(ii) the forums in which the employee may file 
an appeal described in clause (i); and 
(iii) any limitations on the rights of the employee 
that would apply because of the forum in which the 
employee decides to file an appeal. 
(B) DEVELOPMENT OF INFORMATION.—The information 
described in subparagraph (A) shall be developed by the 
Director of the Office of Personnel Management, in con-
sultation with the Special Counsel, the Merit Systems 
Protection Board, and the Equal Employment Opportunity 
Commission. 
(3) TECHNICAL AND CONFORMING AMENDMENTS.— 
(A) Section 4505a(b)(2) of title 5, United States Code, 
is amended by striking ‘‘section 2302(c)’’ and inserting ‘‘sec-
tion 2302(d)’’. 
(B) Section 5755(b)(2) of title 5, United States Code, 
is amended by striking ‘‘section 2302(c)’’ and inserting ‘‘sec-
tion 2302(d)’’.
H. R. 2810—336 
(C) Section 110(b)(2) of the Whistleblower Protection 
Enhancement Act of 2012 (5 U.S.C. 2302 note) is amended 
by striking ‘‘section 2302(e)(1) or (2)’’ and inserting ‘‘section 
2302(f)(1) or (2)’’. 
(D) Section 1217(d)(3) of the Panama Canal Act of 
1979 (22 U.S.C. 3657(d)(3)) is amended by striking ‘‘section 
2302(c)’’ and inserting ‘‘section 2302(d)’’. 
(E) Section 1233(b) of the Panama Canal Act of 1979 
(22 U.S.C. 3673(b)) is amended by striking ‘‘section 2302(c)’’ 
and inserting ‘‘section 2302(d)’’. 
(c) ADDITIONAL WHISTLEBLOWER PROVISIONS.— 
(1) PROHIBITED
PERSONNEL
PRACTICES.—Section 2302 of 
title 5, United States Code, is amended— 
(A) in subsection (b)(9)(C), by inserting ‘‘(or any other 
component responsible for internal investigation or review)’’ 
after ‘‘Inspector General’’; and 
(B) in subsection (f)— 
(i) in paragraph (1)— 
(I) in subparagraph (E), by striking ‘‘or’’ at 
the end; 
(II) by redesignating subparagraph (F) as 
subparagraph (G); and 
(III) by inserting after subparagraph (E) the 
following: 
‘‘(F) the disclosure was made before the date on which 
the individual was appointed or applied for appointment 
to a position; or’’; and 
(ii) by striking paragraph (2) and inserting the 
following: 
‘‘(2) If a disclosure is made during the normal course of 
duties of an employee, the principal job function of whom 
is to regularly investigate and disclose wrongdoing (referred 
to in this paragraph as the ‘disclosing employee’), the disclosure 
shall not be excluded from subsection (b)(8) if the disclosing 
employee demonstrates that an employee who has the authority 
to take, direct other individuals to take, recommend, or approve 
any personnel action with respect to the disclosing employee 
took, failed to take, 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 employee.’’. 
(2) EXPLANATIONS FOR FAILURE TO TAKE ACTION.—Section 
1213 of title 5, United States Code, is amended— 
(A) in subsection (b), by striking ‘‘15 days’’ and 
inserting ‘‘45 days’’; and 
(B) in subsection (e)— 
(i) in paragraph (1), by striking ‘‘Any such report’’ 
and inserting ‘‘Any report required under subsection 
(c) or paragraph (5) of this subsection’’; 
(ii) by striking paragraph (2) and inserting the 
following: 
‘‘(2) Upon receipt of any report that the head of an agency 
is required to submit under subsection (c), the Special Counsel 
shall review the report and determine whether— 
‘‘(A) the findings of the head of the agency appear 
reasonable; and 
‘‘(B) if the Special Counsel requires the head of the 
agency to submit a supplemental report under paragraph
H. R. 2810—337 
(5), the reports submitted by the head of the agency collec-
tively contain the information required under subsection 
(d).’’; 
(iii) in paragraph (3), by striking ‘‘agency report 
received pursuant to subsection (c) of this section’’ and 
inserting ‘‘report submitted to the Special Counsel by 
the head of an agency under subsection (c) or para-
graph (5) of this subsection’’; and 
(iv) by adding at the end the following: 
‘‘(5) If, after conducting a review of a report under para-
graph (2), 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 sufficient, the Special Counsel may 
request that the head of the agency submit a supplemental 
report— 
‘‘(A) containing the additional information or docu-
mentation identified by the Special Counsel; and 
‘‘(B) that the head of the agency shall submit to the 
Special Counsel within a period of time specified by the 
Special Counsel.’’. 
(3) TRANSFER REQUESTS DURING STAYS.— 
(A) PRIORITY GRANTED.—Section 1214(b)(1) of title 5, 
United States Code, is amended— 
(i) by striking subparagraph (E); and 
(ii) by adding at the end the following: 
‘‘(E) If the Board grants a stay under subparagraph 
(A), 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 employee.’’. 
(B) PROBATIONARY EMPLOYEES.—Section 1221 of title 
5, United States Code, is amended— 
(i) by striking subsection (k); and 
(ii) by adding at the end the following: 
‘‘(k) If the Board grants a stay under subsection (c) and the 
employee who is the subject of the action is in probationary status, 
the head of the agency employing the employee shall give priority 
to a request for a transfer submitted by the employee.’’. 
(4) RETALIATORY INVESTIGATIONS.—Section 1214 of title 5, 
United States Code, is amended by adding at the end the 
following: 
‘‘(i) The Special Counsel may petition the Board to order correc-
tive action, including fees, costs, or damages reasonably incurred 
by an employee due to an investigation of the employee by an 
agency, if the investigation by an agency was commenced, expanded, 
or extended in retaliation for a disclosure or protected activity 
described in section 2302(b)(8) or subparagraph (A)(i), (B), (C), 
or (D) of section 2302(b)(9), without regard to whether a personnel 
action, as defined in section 2302(a)(2)(A), is taken.’’. 
(d) PROTECTION OF WHISTLEBLOWERS AS CRITERIA IN PERFORM-
ANCE APPRAISALS.— 
(1) ESTABLISHMENT OF SYSTEMS.—Section 4302 of title 5, 
United States Code, is amended— 
(A) by redesignating subsections (b) and (c) as sub-
sections (c) and (d), respectively; and 
(B) by inserting after subsection (a) the following:
H. R. 2810—338 
‘‘(b)(1) The head of each agency, in consultation with the 
Director of the Office of Personnel Management and the Special 
Counsel, shall develop criteria that— 
‘‘(A) the head of the agency shall use as a critical element 
for establishing the job requirements of a supervisory employee; 
and 
‘‘(B) promote the protection of whistleblowers. 
‘‘(2) The criteria required under paragraph (1) shall include— 
‘‘(A) principles for the protection of whistleblowers, such 
as the degree to which supervisory employees— 
‘‘(i) respond constructively when employees of the 
agency make disclosures described in subparagraph (A) 
or (B) of section 2302(b)(8); 
‘‘(ii) take responsible actions to resolve the disclosures 
described in clause (i); and 
‘‘(iii) foster an environment in which employees of the 
agency feel comfortable making disclosures described in 
clause (i) to supervisory employees or other appropriate 
authorities; and 
‘‘(B) for each supervisory employee— 
‘‘(i) whether the agency entered into an agreement 
with an individual who alleged that the supervisory 
employee committed a prohibited personnel practice; and 
‘‘(ii) if the agency entered into an agreement described 
in clause (i), the number of instances in which the agency 
entered into such an agreement with respect to the super-
visory employee. 
‘‘(3) In this subsection— 
‘‘(A) the term ‘agency’ means any entity the employees 
of which are covered under paragraphs (8) and (9) of section 
2302(b), without regard to whether any other provision of this 
section is applicable to the entity; 
‘‘(B) the term ‘prohibited personnel practice’ has the 
meaning given the term in section 2302(a)(1); 
‘‘(C) the term ‘supervisory employee’ means an employee 
who would be a supervisor, as defined in section 7103(a), if 
the agency employing the employee was an agency for purposes 
of chapter 71; and 
‘‘(D) the term ‘whistleblower’ means an employee who 
makes a disclosure described in section 2302(b)(8).’’. 
(2) CRITERIA FOR PERFORMANCE APPRAISALS.—Section 4313 
of title 5, United States Code, is amended— 
(A) in paragraph (4), by striking ‘‘and’’ at the end; 
(B) in paragraph (5), by striking the period at the 
end and inserting ‘‘; and’’; and 
(C) by adding at the end the following: 
‘‘(6) protecting whistleblowers, as described in section 
4302(b)(2).’’. 
(3) ANNUAL
REPORT
TO
CONGRESS
ON
UNACCEPTABLE 
PERFORMANCE IN WHISTLEBLOWER PROTECTION.— 
(A) DEFINITIONS.—In this paragraph, the terms 
‘‘agency’’ and ‘‘whistleblower’’ have the meanings given the 
terms in section 4302(b)(3) of title 5, United States Code, 
as amended by paragraph (1). 
(B) REPORT.—Each agency shall annually submit to 
the Committee on Homeland Security and Governmental 
Affairs of the Senate, the Committee on Oversight and
H. R. 2810—339 
Government Reform of the House of Representatives, and 
each committee of Congress with jurisdiction over the 
agency a report that details— 
(i) the number of performance appraisals, for the 
year covered by the report, that determined that an 
employee of the agency failed to meet the standards 
for protecting whistleblowers that were established 
under section 4302(b) of title 5, United States Code, 
as amended by paragraph (1); 
(ii) the reasons for the determinations described 
in clause (i); and 
(iii) each performance-based or corrective action 
taken by the agency in response to a determination 
under clause (i). 
(4) TECHNICAL
AND
CONFORMING
AMENDMENT.—Section 
4301 of title 5, United States Code, is amended, in the matter 
preceding paragraph (1), by striking ‘‘For the purpose of’’ and 
inserting ‘‘Except as otherwise expressly provided, for the pur-
pose of’’. 
(e) DISCIPLINE OF SUPERVISORS BASED ON RETALIATION AGAINST 
WHISTLEBLOWERS.— 
(1) IN GENERAL.—Subchapter II of chapter 75 of title 5, 
United States Code, is amended— 
(A) by striking section 7515; and 
(B) by adding at the end the following: 
‘‘§ 7515. Discipline of supervisors based on retaliation against 
whistleblowers 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘agency’— 
‘‘(A) has the meaning given the term in section 
2302(a)(2)(C), without regard to whether any other provi-
sion of this chapter is applicable to the entity; and 
‘‘(B) does not include any entity that is an element 
of the intelligence community, as defined in section 3 of 
the National Security Act of 1947 (50 U.S.C. 3003); 
‘‘(2) the term ‘prohibited personnel action’ means taking 
or failing to take an action in violation of paragraph (8), (9), 
or (14) of section 2302(b) against an employee of an agency; 
and 
‘‘(3) the term ‘supervisor’ means an employee who would 
be a supervisor, as defined in section 7103(a), if the entity 
employing the employee was an agency. 
‘‘(b) PROPOSED DISCIPLINARY ACTIONS.— 
‘‘(1) IN GENERAL.—Subject to section 1214(f), if the head 
of the agency in which a supervisor is employed, an administra-
tive law judge, the Merit Systems Protection Board, the Special 
Counsel, a judge of the United States, or the Inspector General 
of the agency in which a supervisor is employed has determined 
that the supervisor committed a prohibited personnel action, 
the head of the agency in which the supervisor is employed, 
consistent with the procedures required under paragraph (2)— 
‘‘(A) for the first prohibited personnel action committed 
by the supervisor— 
‘‘(i) shall propose suspending the supervisor for 
a period that is not less than 3 days; and
H. R. 2810—340 
‘‘(ii) may propose an additional action determined 
appropriate by the head of the agency, including a 
reduction in grade or pay; and 
‘‘(B) for the second prohibited personnel action com-
mitted by the supervisor, shall propose removing the super-
visor. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—A supervisor against whom an action 
is proposed to be taken under paragraph (1) is entitled 
to written notice that— 
‘‘(i) states the specific reasons for the proposed 
action; and 
‘‘(ii) informs the supervisor about the right of the 
supervisor to review the material that is relied on 
to support the reasons given in the notice for the 
proposed action. 
‘‘(B) ANSWER AND EVIDENCE.— 
‘‘(i) IN GENERAL.—A supervisor who receives notice 
under subparagraph (A) may, not later than 14 days 
after the date on which the supervisor receives the 
notice, submit an answer and furnish evidence in sup-
port of that answer. 
‘‘(ii) NO EVIDENCE FURNISHED; INSUFFICIENT EVI-
DENCE
FURNISHED.—If, after the end of the 14-day 
period described in clause (i), a supervisor does not 
furnish any evidence as described in that clause, or 
if the head of the agency in which the supervisor 
is employed determines that the evidence furnished 
by the supervisor is insufficient, the head of the agency 
shall carry out the action proposed under subparagraph 
(A) or (B) of paragraph (1), as applicable. 
‘‘(C) SCOPE
OF
PROCEDURES.—An action carried out 
under this section— 
‘‘(i) except as provided in clause (ii), shall be subject 
to the same requirements and procedures, including 
those with respect to an appeal, as an action under 
section 7503, 7513, or 7543; and 
‘‘(ii) shall not be subject to— 
‘‘(I) paragraphs (1) and (2) of section 7503(b); 
‘‘(II) paragraphs (1) and (2) of subsection (b) 
and subsection (c) of section 7513; and 
‘‘(III) paragraphs (1) and (2) of subsection (b) 
and subsection (c) of section 7543. 
‘‘(3) NON-DELEGATION.—If the head of an agency is respon-
sible for determining whether a supervisor has committed a 
prohibited personnel action for purposes of paragraph (1), the 
head of the agency may not delegate that responsibility.’’. 
(2) TECHNICAL AND CONFORMING AMENDMENT.—The table 
of sections for subchapter II of chapter 75 of title 5, United 
States Code, is amended— 
(A) by striking any item relating to section 7515; and 
(B) adding at the end the following: 
‘‘7515. Discipline of supervisors based on retaliation against whistleblowers.’’. 
(f) TERMINATION OF CERTAIN INVESTIGATIONS BY THE OFFICE 
OF SPECIAL COUNSEL.—Section 1214(a) of title 5, United States 
Code, is amended by adding at the end the following:
H. R. 2810—341 
‘‘(6)(A) Notwithstanding any other provision of this section, 
not later than 30 days after the date on which the Special 
Counsel receives an allegation of a prohibited personnel practice 
under paragraph (1), the Special Counsel may terminate an 
investigation of the allegation without further inquiry if the 
Special Counsel determines that— 
‘‘(i) the same allegation, based on the same set of 
facts and circumstances, had previously been— 
‘‘(I)(aa) made by the individual; and 
‘‘(bb) investigated by the Special Counsel; or 
‘‘(II) filed by the individual with the Merit Systems 
Protection Board; 
‘‘(ii) the Special Counsel does not have jurisdiction 
to investigate the allegation; or 
‘‘(iii) the individual knew or should have known of 
the alleged prohibited personnel practice on or before the 
date that is 3 years before the date on which the Special 
Counsel received the allegation. 
‘‘(B) Not later than 30 days after the date on which the 
Special Counsel terminates an investigation under subpara-
graph (A), the Special Counsel shall provide a written notifica-
tion to the individual who submitted the allegation of a prohib-
ited personnel practice that states the basis of the Special 
Counsel for terminating the investigation.’’. 
(g) ALLEGATIONS OF WRONGDOING WITHIN THE OFFICE OF SPE-
CIAL COUNSEL.—Section 1212 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(i) The Special Counsel shall enter into at least 1 agreement 
with the Inspector General of an agency under which— 
‘‘(1) the Inspector General shall— 
‘‘(A) receive, review, and investigate allegations of 
prohibited personnel practices or wrongdoing filed by 
employees of the Office of Special Counsel; and 
‘‘(B) develop a method for an employee of the Office 
of Special Counsel to communicate directly with the 
Inspector General; and 
‘‘(2) the Special Counsel— 
‘‘(A) 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 agreement; and 
‘‘(B) may reimburse the Inspector General for services 
provided under the agreement.’’. 
(h) REPORTING REQUIREMENTS.— 
(1) ANNUAL REPORT.—Section 1218 of title 5, United States 
Code, is amended to read as follows: 
‘‘§ 1218. Annual report 
‘‘The Special Counsel shall submit to Congress, on an annual 
basis, a report regarding the activities of the Special Counsel, 
which shall include, for the year preceding the submission of the 
report— 
‘‘(1) the number, types, and disposition of allegations of 
prohibited personnel practices filed with the Special Counsel 
and the costs of resolving such allegations; 
‘‘(2) the number of investigations conducted by the Special 
Counsel;
H. R. 2810—342 
‘‘(3) the number of stays and disciplinary actions negotiated 
with agencies by the Special Counsel; 
‘‘(4) the number of subpoenas issued by the Special Counsel; 
‘‘(5) 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 investigation; 
‘‘(6) the actions that resulted from reopening investigations, 
as described in paragraph (5); 
‘‘(7) the number of instances in which the Special Counsel 
did not make a determination before the end of the 240-day 
period described in section 1214(b)(2)(A)(i) regarding whether 
there were reasonable grounds to believe that a prohibited 
personnel practice had occurred, existed, or was to be taken; 
‘‘(8) 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 rec-
ommendations or reports; 
‘‘(9) the number of— 
‘‘(A) actions initiated before the Merit Systems Protec-
tion Board, including the number of corrective action peti-
tions and disciplinary action complaints initiated; and 
‘‘(B) stays and extensions of stays obtained from the 
Merit Systems Protection Board; 
‘‘(10) the number of prohibited personnel practice com-
plaints that resulted in a favorable action for the complainant, 
other than a stay or an extension of a stay, organized by 
actions in— 
‘‘(A) complaints dealing with reprisals against whistle-
blowers; and 
‘‘(B) all other complaints; 
‘‘(11) the number of prohibited personnel practice com-
plaints that were resolved by an agreement between an agency 
and an individual, organized by agency and agency components 
in— 
‘‘(A) complaints dealing with reprisals against whistle-
blowers; and 
‘‘(B) all other complaints; 
‘‘(12) 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 practice, as defined 
in section 2302(a)(1); and 
‘‘(13) the results for the Office of Special Counsel of any 
employee viewpoint survey conducted by the Office of Personnel 
Management or any other agency.’’. 
(2) PUBLIC
INFORMATION.—Section 1219(a)(1) of title 5, 
United States Code, is amended to read as follows: 
‘‘(1) a list of any noncriminal matters referred to the head 
of an agency under section 1213(c), together with— 
‘‘(A) a copy of the information transmitted to the head 
of the agency under section 1213(c)(1); 
‘‘(B) any report from the agency under section 
1213(c)(1)(B) relating to the matter; 
‘‘(C) if appropriate, not otherwise prohibited by law, 
and consented to by the complainant, any comments from 
the complainant under section 1213(e)(1) relating to the 
matter; and
H. R. 2810—343 
‘‘(D) the comments or recommendations of the Special 
Counsel under paragraph (3) or (4) of section 1213(e);’’. 
(3) NOTICE OF COMPLAINT SETTLEMENTS.—Section 1217 of 
title 5, United States Code, is amended— 
(A) by striking ‘‘The Special Counsel’’ and inserting 
the following: 
‘‘(a) IN GENERAL.—The Special Counsel’’; and 
(B) by adding at the end the following: 
‘‘(b) ADDITIONAL REPORT REQUIRED.— 
‘‘(1) IN GENERAL.—If an allegation submitted to the Special 
Counsel is resolved by an agreement between an agency and 
an individual, the Special Counsel shall submit to Congress 
and each congressional committee with jurisdiction over the 
agency a report regarding the agreement. 
‘‘(2) CONTENTS.—Any report required under paragraph (1) 
shall identify, with respect to an agreement described in that 
paragraph— 
‘‘(A) the agency that entered into the agreement; 
‘‘(B) the position and employment location of the 
employee who submitted the allegation that formed the 
basis of the agreement, provided the information is not 
so specific as to be reasonably likely to identify the 
employee; 
‘‘(C) the position and employment location of any 
employee alleged by an employee described in subpara-
graph (B) to have committed a prohibited personnel prac-
tice, as defined in section 2302(a)(1); 
‘‘(D) a description of the allegation described in 
subparagraph (B); and 
‘‘(E) whether the agency that entered into the agree-
ment has agreed to pursue any disciplinary action as a 
result of the allegation described in subparagraph (B).’’. 
(i) ESTABLISHMENT OF SURVEY PILOT PROGRAM.— 
(1) IN GENERAL.—The Office of Special Counsel shall design 
and establish a pilot program under which the Office shall 
conduct, during the first full fiscal year after the date of enact-
ment of this Act, a survey of individuals who have filed a 
complaint or disclosure with the Office. 
(2) PURPOSE.—The survey under paragraph (1) 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 Counsel. 
(3) RESULTS.—The results of the survey under paragraph 
(1) shall be published in the annual report of the Office of 
Special Counsel. 
(4) SUSPENSION
OF
OTHER
SURVEYS.—During the period 
beginning on October 1, 2017, and ending on September 30, 
2018, section 13 of the Act entitled ‘‘An Act to reauthorize 
the Office of Special Counsel, and for other purposes’’, approved 
October 29, 1994 (5 U.S.C. 1212 note), shall have no force 
or effect. 
(j) STAYS OF THE MERIT SYSTEMS PROTECTION BOARD.—Section 
1214(b)(1)(B)(ii) of title 5, United States Code, is amended by 
striking ‘‘who was appointed, by and with the advice and consent 
of the Senate,’’. 
(k) PENALTIES UNDER THE HATCH ACT.—
H. R. 2810—344 
(1) IN GENERAL.—Section 7326 of title 5, United States 
Code, is amended to read as follows: 
‘‘§ 7326. Penalties 
‘‘An employee or individual who violates section 7323 or 7324 
shall be subject to— 
‘‘(1) disciplinary action consisting of removal, reduction in 
grade, debarment from Federal employment for a period not 
to exceed 5 years, suspension, or reprimand; 
‘‘(2) an assessment of a civil penalty not to exceed $1,000; 
or 
‘‘(3) any combination of the penalties described in para-
graph (1) or (2).’’. 
(2) APPLICATION.—The amendment made by paragraph (1) 
shall apply to any violation of section 7323 or 7324 of title 
5, United States Code, occurring after the date of enactment 
of this Act. 
(l) AMENDMENTS TO DR. CHRIS KIRKPATRICK WHISTLEBLOWER 
PROTECTION ACT.—Section 105 of the Dr. Chris Kirkpatrick Whistle-
blower Protection Act of 2017 is amended— 
(1) in subsection (a) by inserting ‘‘credible’’ before ‘‘informa-
tion indicating’’; and 
(2) by adding at the end the following: 
‘‘(c) PERMISSION OF NEXT OF KIN.—The head of the agency 
shall only make a referral under subsection (a) regarding an 
employee after receiving written permission from the next of kin, 
as such term is defined in section 6381 of title 5, United States 
Code, of the employee.’’. 
(m) REGULATIONS.— 
(1) IN GENERAL.—Not later than 2 years after the date 
of enactment of this Act, the Special Counsel shall prescribe 
such regulations as may be necessary to perform— 
(A) the functions of the Special Counsel under sub-
chapter II of chapter 12 of title 5, United States Code, 
including regulations that are necessary to carry out sec-
tions 1213, 1214, and 1215 of that title; and 
(B) any functions of the Special Counsel that are 
required because of the amendments made by this section. 
(2) PUBLICATION.—Any regulations prescribed under para-
graph (1) shall be published in the Federal Register. 
(n) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN
GENERAL.—Section 8(a)(2) of the Whistleblower 
Protection Act of 1989 (5 U.S.C. 5509 note) is amended by 
striking ‘‘2003, 2004, 2005, 2006, and 2007’’ and inserting ‘‘2018 
through 2023’’. 
(2) EFFECTIVE DATE.—The amendment made by paragraph 
(1) shall take effect as though enacted on September 30, 2017. 
SEC. 1098. AIR TRANSPORTATION OF CIVILIAN DEPARTMENT OF 
DEFENSE PERSONNEL TO AND FROM AFGHANISTAN. 
(a) POLICY REVIEW.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall conduct 
a policy review regarding the use of commercial air transportation 
or alternative forms of air transportation to transport civilian per-
sonnel of the Department of Defense to and from Afghanistan. 
(b) REPORT TO CONGRESS.—Not later than 90 days after the 
completion of the policy review required by subsection (a), the
H. R. 2810—345 
Secretary shall submit to the Committees on Armed Services of 
the Senate and House of Representatives a report on the results 
of such review. 
(c) UPDATED GUIDELINES.—Not later than 90 days after the 
completion of the policy review required by subsection (a), the 
Secretary shall issue updated guidelines, based on the report sub-
mitted under subsection (b), regarding the use of commercial air 
transportation or alternative forms of air transportation to transport 
civilian personnel of the Department to and from Afghanistan. 
TITLE XI—CIVILIAN PERSONNEL 
MATTERS 
Sec. 1101. Direct hire authority for the Department of Defense for personnel to as-
sist in business transformation and management innovation. 
Sec. 1102. Extension of direct hire authority for Domestic Defense Industrial Base 
Facilities and Major Range and Test Facilities Base. 
Sec. 1103. Extension of authority to provide voluntary separation incentive pay for 
civilian employees of the Department of Defense. 
Sec. 1104. Additional Department of Defense science and technology reinvention 
laboratories. 
Sec. 1105. One year extension of authority to waive annual limitation on premium 
pay and aggregate limitation on pay for Federal civilian employees 
working overseas. 
Sec. 1106. Direct hire authority for financial management experts in the Depart-
ment of Defense workforce. 
Sec. 1107. Extension of authority for temporary personnel flexibilities for Domestic 
Defense Industrial Base Facilities and Major Range and Test Facilities 
Base civilian personnel. 
Sec. 1108. One-year extension of temporary authority to grant allowances, benefits, 
and gratuities to civilian personnel on official duty in a combat zone. 
Sec. 1109. Extension of overtime rate authority for Department of the Navy em-
ployees performing work aboard or dockside in support of the nuclear- 
powered aircraft carrier forward deployed in Japan. 
Sec. 1110. Pilot 
program 
on 
enhanced 
personnel 
management 
system 
for 
cybsersecurity and legal professionals in the Department of Defense. 
Sec. 1111. Establishment of senior scientific technical managers at Major Range 
and Test Facility Base Facilities and Defense Test Resource Manage-
ment Center. 
SEC. 1101. DIRECT HIRE AUTHORITY FOR THE DEPARTMENT OF 
DEFENSE FOR PERSONNEL TO ASSIST IN BUSINESS 
TRANSFORMATION AND MANAGEMENT INNOVATION. 
(a) AUTHORITY.—The Secretary of Defense may appoint in the 
Department of Defense individuals described in subsection (b) with-
out regard to the provisions of subchapter I of chapter 33 of title 
5, United States Code, for the purpose of assisting and facilitating 
the efforts of the Department in business transformation and 
management innovation. 
(b) COVERED INDIVIDUALS.—The individuals described in this 
subsection are individuals who have all of the following: 
(1) A management or business background. 
(2) Experience working with large or complex organizations. 
(3) Expertise in management and organizational change, 
data analytics, or business process design. 
(c) LIMITATION
ON
NUMBER.—The number of individuals 
appointed pursuant to this section at any one time may not exceed 
10 individuals. 
(d) NATURE OF APPOINTMENT.—Any appointment under this 
section shall be on a term basis, and shall be subject to the term 
appointment regulations in part 316 of title 5, Code of Federal
H. R. 2810—346 
Regulations (other than requirements in such regulations relating 
to competitive hiring). The term of any such appointment shall 
be specified by the Secretary at the time of the appointment. 
(e) BRIEFINGS.— 
(1) IN GENERAL.—Not later than September 30, 2019, and 
September 30, 2021, the Secretary shall brief the appropriate 
committees of Congress on the exercise of the authority in 
this section. 
(2) ELEMENTS.—Each briefing under this subsection shall 
include the following: 
(A) A description and assessment of the results of 
the use of such authority as of the date of such briefing. 
(B) Such recommendations as the Secretary considers 
appropriate for extension or modification of such authority. 
(3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In 
this subsection, the term ‘‘appropriate committees of Congress’’ 
means— 
(A) the Committee on Armed Services and the Com-
mittee on Homeland Security and Governmental Affairs 
of the Senate; and 
(B) the Committee on Armed Services and the Com-
mittee on Government Oversight and Reform of the House 
of Representatives. 
(f) SUNSET.— 
(1) IN GENERAL.—The authority to appoint individuals in 
this section shall expire on September 30, 2021. 
(2) CONSTRUCTION
WITH
EXISTING
APPOINTMENTS.—The 
expiration in paragraph (1) of the authority in this section 
shall not be construed to terminate any appointment made 
under this section before the date of expiration that continues 
according to its term as of the date of expiration. 
SEC. 1102. EXTENSION OF DIRECT HIRE AUTHORITY FOR DOMESTIC 
DEFENSE INDUSTRIAL BASE FACILITIES AND MAJOR 
RANGE AND TEST FACILITIES BASE. 
(a) IN GENERAL.—Subsection (a) of section 1125 of subtitle 
B of title XI of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114–328) is amended by striking ‘‘During 
fiscal years 2017 and 2018,’’ and inserting ‘‘During each of fiscal 
years 2017 through 2021,’’. 
(b) BRIEFING.—Not later than 90 days after the end of each 
of fiscal years 2019 and 2021, the Secretary of Defense shall provide 
a briefing to the Committee on Armed Services of the House of 
Representatives, the Committee on Armed Services of the Senate, 
the Committee on Oversight and Government Reform of the House 
of Representatives, and the Committee on Homeland Security and 
Governmental Affairs of the Senate including— 
(1) a description of the effect of such section 1125 (as 
amended by subsection (a)) on the management of the Depart-
ment of Defense civilian workforce during the most recently 
ended fiscal year; and 
(2) the number of employees— 
(A) hired under such section during such fiscal year; 
and 
(B) expected to be hired under such section during 
the fiscal year in which the briefing is provided.