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in accordance with the provisions of the parties’ nego-
tiated procedure; or
‘‘(C) the remedy described in paragraph (3)(C)
if such person has sought corrective action from the
Office of Special Counsel by making an allegation
under section 1214(a)(1).’’.
(c) TECHNICAL
AND CONFORMING AMENDMENTS.—
Section 7121(a)(1) of title 5, United States Code, is amend-
ed—
(1) by striking ‘‘(d) and (e)’’ and inserting ‘‘(d),
(e), and (g)’’; and
(2) by inserting ‘‘administrative’’ after ‘‘exclu-
sive’’.
SEC. 10. EXPENSES RELATED TO FEDERAL RETIREMENT AP-
PEALS.
Section 8348(a) of title 5, United States Code, is
amended—
(1) in paragraph (1)(B) by striking out ‘‘and’’
at the end thereof;
(2) in paragraph (2) by striking out the period
and inserting in lieu thereof a semicolon and ‘‘and’’;
and
(3) by adding at the end thereof the following
new paragraph:
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‘‘(3) is made available, subject to such annual
limitation as the Congress may prescribe, for any ex-
penses incurred by the Merit Systems Protection
Board in the administration of appeals authorized
under sections 8347(d) and 8461(e) of this title.’’.
SEC. 11. ELECTION OF APPLICATION OF LAWS BY EMPLOY-
EES OF THE RESOLUTION TRUST CORPORA-
TION AND THRIFT DEPOSITOR PROTECTION
OVERSIGHT BOARD.
(a) ELECTION OF PROVISIONS OF TITLE 5, UNITED
STATES CODE.—If an individual who believes he has been
discharged or discriminated against in violation of section
21a(q)(1) of the Federal Home Loan Bank Act (12 U.S.C.
1441a(q)(1)) seeks an administrative corrective action or
judicial remedy for such violation under the provisions of
chapters 12 and 23 of title 5, United States Code, the provi-
sions of section 21a(q) of such Act shall not apply to such
alleged violation.
(b) ELECTION OF PROVISIONS OF FEDERAL HOME
LOAN BANK ACT.—If an individual files a civil action
under section 21a(q)(2) of the Federal Home Loan Bank
Act (12 U.S.C. 1441a(q)(2)), the provisions of chapters 12
and 23 of title 5, United States Code, shall not apply to
any alleged violation of section 21a(q)(1) of such Act.
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SEC. 12. IMPLEMENTATION.
(a) POLICY STATEMENT.—No later than 6 months
after the date of enactment of this Act, the Special Counsel
shall issue a policy statement regarding the implementation
of the Whistleblower Protection Act of 1989. Such policy
statement shall be made available to each person alleging
a prohibited personnel practice described under section
2302(b)(8) of title 5, United States Code, and shall include
detailed guidelines identifying specific categories of infor-
mation that may (or may not) be communicated to agency
officials for an investigative purpose, or for the purpose of
obtaining corrective action under section 1214 of title 5,
United States Code, or disciplinary action under section
1215 of such title, the circumstances under which such in-
formation is likely to be disclosed, and whether or not the
consent of any person is required in advance of any such
communication.
(b) TERMINATION STATEMENT.—The Special Counsel
shall include in any letter terminating an investigation
under section 1214(a)(2) of title 5, United States Code, the
name and telephone number of an employee of the Special
Counsel who is available to respond to reasonable questions
from the person regarding the investigation or review con-
ducted by the Special Counsel, the relevant facts ascertained
by the Special Counsel, and the law applicable to the per-
son’s allegations.
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SEC. 13. ANNUAL SURVEY OF INDIVIDUALS SEEKING AS-
SISTANCE.
(a) IN GENERAL.—The Office of Special Counsel shall,
after consulting with the Office of Policy and Evaluation
of the Merit Systems Protection Board, conduct an annual
survey of all individuals who contact the Office of Special
Counsel for assistance. The survey shall—
(1) determine if the individual seeking assistance
was fully apprised of their rights;
(2) determine whether the individual was suc-
cessful either at the Office of Special Counsel or the
Merit Systems Protection Board; and
(3) determine if the individual, whether success-
ful or not, was satisfied with the treatment received
from the Office of Special Counsel.
(b) REPORT.—The results of the survey conducted
under subsection (a) shall be published in the annual report
of the Office of Special Counsel.
SEC. 14. EFFECTIVE DATE.
The provisions of this Act and the amendments made
by this Act shall be effective on and after the date of the
enactment of this Act.
Attest:
Secretary.
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