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(2) Licensed or certified occupational therapy 
assistants who meet the qualifications for occupa-
tional therapy assistants specified in such section 
484.4, or any successor regulation, to furnish services 
under the supervision of an occupational therapist. 
(b) SUPERVISION.—The Secretary of Defense shall es-
tablish in regulations requirements for the supervision of 
physical therapist assistants and occupational therapy as-
sistants, respectively, by physical therapists and occupa-
tional therapists, respectively. 
(c) MANUALS AND OTHER GUIDANCE.—The Secretary 
of Defense shall update the CHAMPVA Policy Manual and 
other relevant manuals and subregulatory guidance of the 
Department of Defense to carry out the revisions and re-
quirements of this section. 
TITLE LIX—DEPARTMENT OF DE-
FENSE 
ORGANIZATION 
AND 
MANAGEMENT 
SEC. 5901. DESIGNATION OF OFFICE WITHIN OFFICE OF 
THE SECRETARY OF DEFENSE TO OVERSEE 
USE OF FOOD ASSISTANCE PROGRAMS BY 
MEMBERS OF THE ARMED FORCES ON ACTIVE 
DUTY. 
Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Defense shall designate an office
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† HR 2810 EAS 
or official within the Office of the Secretary of Defense for 
purposes as follows: 
(1) To discharge responsibility for overseeing the 
efforts of the Department of Defense to collect, ana-
lyze, and monitor data on the use of food assistance 
programs by members of the Armed Forces on active 
duty. 
(2) To establish and maintain relationships with 
other departments and agencies of the Federal Gov-
ernment to facilitate the discharge of the responsi-
bility specified in paragraph (1). 
TITLE LX—GENERAL 
PROVISIONS 
SEC. 6001. AIR FORCE PILOT PROGRAM ON EDUCATION AND 
TRAINING 
AND 
CERTIFICATION 
OF 
SEC-
ONDARY AND POST-SECONDARY STUDENTS 
AS AIRCRAFT TECHNICIANS. 
(a) PILOT PROGRAM REQUIRED.— 
(1) IN
GENERAL.—The Secretary of the Air 
Force shall carry out a pilot program to assess the 
feasability and advisability of— 
(A) providing education and training to 
secondary and post-secondary students in the 
skills and qualifications required to lead to cer-
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tification as an aircraft technician for the Air 
Force with skills levels 3–5; and 
(B) certifying individuals who successfully 
complete education and training under the pilot 
program as aircraft technicians for the Air Force 
at the applicable skill level. 
(2) DESIGNATION.—The pilot program carried 
out pursuant to this section may be known as the 
‘‘Air Force Dual Credit Maintainers Program’’ (in 
this section, referred to as the ‘‘pilot program’’). 
(b) ELIGIBLE PARTICIPANTS.—Individuals eligible to 
participate in the pilot program are individuals in sec-
ondary or post-secondary school who— 
(1) have education, skills, or both appropriate 
for further education and training leading to certifi-
cation as an aircraft technician of the Air Force; and 
(2) seek to pursue education and training under 
the pilot program in order to become certified as air-
craft technicians of the Air Force. 
(c) SECONDARY
SCHOOLS
AND
INSTITUTIONS
OF 
HIGHER EDUCATION.— 
(1) IN GENERAL.—The Secretary shall carry out 
the pilot program through secondary schools and in-
stitutions of higher education selected by the Secretary 
for purposes of the pilot program.
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(2) LOCATIONS.—The secondary schools and in-
stitutions of higher education selected pursuant to 
paragraph (1) shall, to the extent practicable, be lo-
cated in the vicinity of installations of the Air Force 
at which there is, or is anticipated to be, a shortfall 
in aircraft technicians with skill levels 3–5. 
(3) COORDINATION.—The pilot program may be 
carried out at a secondary school only with the ap-
proval of the local educational agency concerned. The 
pilot program may be carried out at an institution 
of higher education only with the approval of the 
board of trustees or other appropriate leadership of 
the institution. 
(4) GRANTS.—In carrying out the pilot pro-
gram, the Secretary may award a grant to any sec-
ondary school or institution of higher education par-
ticipating in the pilot program for purposes of pro-
viding education and training under the pilot pro-
gram. 
(d) CURRICULUM AND ASSOCIATED EQUIPMENT.—In 
carrying out the pilot program, the Secretary shall support 
curriculum development by secondary and post-secondary 
educational institutions, and any associated training 
equipment, to be used in providing education and training 
under the pilot program.
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† HR 2810 EAS 
(e) EMPLOYMENT AS AIR FORCE AIRCRAFT TECHNI-
CIANS.—As part of the pilot program, the Secretary may 
employ, and may afford an emphasis on employment, in 
the Department of the Air Force as aircraft technicians of 
the Air Force any individuals who obtain certification 
under the pilot program as aircraft technicians of the Air 
Force. 
(f) SUNSET.—The authority of the Secretary to carry 
out the pilot program shall expire on the date that is five 
years after the date of the enactment of this Act. Expiration 
of the authority to carry out the pilot program shall not 
be construed to require the termination of any education 
or training, or the provision of any certifications, for indi-
viduals participating in education or training under the 
pilot program on the date of the expiration of authority 
to carry out the pilot program. 
(g) FUNDING.— 
(1) IN GENERAL.—The amount authorized to be 
appropriated for fiscal year 2018 for the Department 
of Defense by this division is hereby increased by 
$5,000,000, with the amount of the increase to be 
available for the pilot program, including for the 
award of grants pursuant to subsection (c)(4) and for 
support of the development of curriculum and train-
ing equipment pursuant to subsection (d).
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(2) OFFSET.—The amount authorized to be ap-
propriated for fiscal year 2018 by section 301 is here-
by reduced by $5,000,000, with the amount of the re-
duction to be applied against amounts available for 
operation and maintenance, Defense-wide, for SAG 
4GTV Office of the Inspector General. 
SEC. 6002. COLLABORATION BETWEEN FEDERAL AVIATION 
ADMINISTRATION AND DEPARTMENT OF DE-
FENSE ON UNMANNED AIRCRAFT SYSTEMS. 
(a) COLLABORATION BETWEEN FEDERAL AVIATION 
ADMINISTRATION
IN
DEPARTMENT
OF
DEFENSE
RE-
QUIRED.— 
(1) IN GENERAL.—The Administrator of the Fed-
eral Aviation Administration and the Secretary of 
Defense shall collaborate on developing standards, 
policies, and procedures for sense and avoid capabili-
ties for unmanned aircraft systems. 
(2) ELEMENTS.—The collaboration required by 
paragraph (1) shall include the following: 
(A) Sharing information and technology on 
safely integrating unmanned aircraft systems 
and manned aircraft in the national airspace 
system. 
(B) Building upon the experience of the Air 
Force and the Department of Defense to inform
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the Federal Aviation Administration’s develop-
ment of civil standards, policies, and procedures 
for integrating unmanned aircraft systems in the 
national airspace system. 
(C) Assisting in the development of best 
practices for unmanned aircraft safety stand-
ards, development of airborne and ground-based 
sense and avoid capabilities for unmanned air-
craft systems, and research and development on 
unmanned aircraft systems, especially with re-
spect to matters involving human factors, infor-
mation assurance, and security. 
(b) PARTICIPATION BY FEDERAL AVIATION ADMINIS-
TRATION IN DEPARTMENT OF DEFENSE ACTIVITIES.— 
(1) IN GENERAL.—The Administrator may par-
ticipate and provide assistance for participation in 
test and evaluation efforts of the Department of De-
fense, including the Air Force, relating to ground- 
based sense and avoid and airborne sense and avoid 
capabilities for unmanned aircraft systems. 
(2) PARTICIPATION THROUGH CENTERS OF EX-
CELLENCE
AND
TEST
SITES.—Participation under 
paragraph (1) may include provision of assistance 
through the Center of Excellence for Unmanned Air-
craft Systems and unmanned aircraft systems test
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† HR 2810 EAS 
ranges designated under section 332(c) of the FAA 
Modernization and Reform Act of 2012 (Public Law 
112–95; 49 U.S.C. 40101 note). 
(c) UNMANNED AIRCRAFT SYSTEM DEFINED.—In this 
section, the term ‘‘unmanned aircraft system’’ has the 
meaning given that term in section 331 of the FAA Mod-
ernization and Reform Act of 2012 (Public Law 112–95; 
49 U.S.C. 40101 note). 
SEC. 6003. REPORT ON DEFENSE OF COMBAT LOGISTICS 
AND STRATEGIC MOBILITY FORCES. 
(a) REPORT REQUIRED.—Not later than January 1, 
2018, the Secretary of the Navy shall submit to the Commit-
tees on Armed Services of the Senate and the House of Rep-
resentatives a report on the defense of combat logistics and 
strategic mobility forces. 
(b) COVERED PERIODS.—The report required by sub-
section (a) shall cover two periods: 
(1) The period from 2018 through 2025. 
(2) The period from 2026 through 2035. 
(c) ELEMENTS.—The report required by subsection (a) 
shall include, for each of the periods covered by the report, 
the following: 
(1) A description of potential warfighting plan-
ning scenarios in which combat logistics and strategic
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† HR 2810 EAS 
mobility forces will be threatened, including the most 
stressing such scenario. 
(2) A description of the combat logistics and 
strategic mobility forces capacity, including addi-
tional combat logistics and strategic mobility forces, 
that may be required due to losses from attacks under 
each scenario described pursuant to paragraph (1). 
(3) A description of the projected capability and 
capacity of subsurface (e.g., torpedoes), surface (e.g., 
anti-ship missiles), and air (e.g., anti-ship missiles) 
threats to combat logistics and strategic mobility 
forces for each scenario described pursuant to para-
graph (1). 
(4) A description of planned operating concepts 
for defending combat logistics and strategic mobility 
forces from subsurface, surface, and air threats for 
each scenario described pursuant to paragraph (1). 
(5) An assessment of the ability and availability 
of United States naval forces to defend combat logis-
tics and strategic mobility forces from the threats de-
scribed pursuant to paragraph (1), while also accom-
plishing other assigned missions, for each scenario de-
scribed pursuant to that paragraph. 
(6) A description of specific capability gaps or 
risk areas in the ability or availability of United
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† HR 2810 EAS 
States naval forces to defend combat logistics and 
strategic mobility forces from the threats described 
pursuant to paragraph (1). 
(7) A description and assessment of potential so-
lutions to address the capability gaps and risk areas 
identified pursuant to paragraph (6), including new 
capabilities, increased capacity, or new operating 
concepts that could be employed by United States 
naval forces. 
(d) FORM.—The report required by subsection (a) shall 
be submitted in unclassified form, but may include a classi-
fied annex. 
(e) COMBAT LOGISTICS
AND STRATEGIC MOBILITY 
FORCES DEFINED.—In this section, the term ‘‘combat logis-
tics and strategic mobility forces’’ means the combat logis-
tics force, the Ready Reserve Force, and the Military Sealift 
Command surge fleet. 
SEC. 
6004. 
REPORT 
ON 
THE 
CIRCUMSTANCES 
SUR-
ROUNDING THE 2016 ATTACKS ON THE U.S.S. 
MASON. 
Not later than March 1, 2018, the Secretary of Defense 
shall submit to the Committees on Armed Services of the 
Senate and the House of Representatives a report on the 
circumstances surrounding the attacks in 2016 on the 
U.S.S. Mason (DDG–87).
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SEC. 6005. OFFICE OF SPECIAL COUNSEL REAUTHORIZA-
TION. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Office of Special Counsel Reauthorization Act of 2017’’. 
(b) ADEQUATE ACCESS OF SPECIAL COUNSEL TO IN-
FORMATION.—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 author-
ized to— 
‘‘(i) have timely access to all records, data, re-
ports, audits, reviews, documents, papers, rec-
ommendations, or other material available to the ap-
plicable agency that relate 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; 
‘‘(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
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† HR 2810 EAS 
relates to an investigation, review, or inquiry con-
ducted 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 
subparagraph (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 other-
wise 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 subpara-
graph (A) if the Inspector General determines that the 
material contains information derived from, or per-
taining to, intelligence activities. 
‘‘(iii) The Attorney General or an Inspector Gen-
eral may withhold from the Special Counsel material 
described in subparagraph (A) if— 
‘‘(I)(aa) disclosing the material could rea-
sonably 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
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† HR 2810 EAS 
‘‘(bb) the material— 
‘‘(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 subpara-
graph (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 further-
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† HR 2810 EAS 
ance of any authority provided to the Special Counsel 
under this subchapter. 
‘‘(6) The Special Counsel shall submit to the Com-
mittee 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 jurisdiction over the applicable agency a 
report regarding any case of contumacy or failure to com-
ply with a request submitted by the Special Counsel under 
paragraph (5)(A).’’. 
(c) INFORMATION
ON
WHISTLEBLOWER
PROTEC-
TIONS.— 
(1) AGENCY RESPONSIBILITIES.—Section 2302 of 
title 5, United States Code, is amended by striking 
subsection (c) and inserting the following: 
‘‘(c)(1) In this subsection— 
‘‘(A) the term ‘new employee’ means an indi-
vidual— 
‘‘(i) appointed to a position as an employee 
on or after the date of enactment of the Office of 
Special Counsel Reauthorization Act of 2017; 
and 
‘‘(ii) who has not previously served as an 
employee; and
1023 
† HR 2810 EAS 
affairs, an employee may make a lawful disclo-
sure of the information to— 
‘‘(I) the Special Counsel; 
‘‘(II) the Inspector General of an agen-
cy; 
‘‘(III) Congress; or 
‘‘(IV) another employee of the agency 
who is designated to receive such a disclo-
sure. 
‘‘(3) The head of each agency shall ensure that the in-
formation 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 in-
formation 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 del-
egates 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) TRAINING FOR SUPERVISORS.— 
(A) DEFINITIONS.—In this paragraph—
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† HR 2810 EAS 
(i) the term ‘‘agency’’ means any enti-
ty the employees of which are covered under 
paragraphs (8) and (9) of section 2302(b) of 
title 5, United States Code, without regard 
to whether any other provision of that title 
is applicable to the entity; and 
(ii) the term ‘‘whistleblower protec-
tions’’ has the meaning given the term in 
section 2302(c)(1)(B) of title 5, United 
States Code, as amended by paragraph (1). 
(B) TRAINING
REQUIRED.—The head of 
each agency, in consultation with the Special 
Counsel and the Inspector General of that agency 
(or, in the case of an agency that does not have 
an Inspector General, the senior ethics official of 
that agency), shall provide the training described 
in subparagraph (C). 
(C) TRAINING
DESCRIBED.—The training 
described in this subparagraph shall— 
(i) cover the manner in which the 
agency shall respond to a complaint alleg-
ing a violation of whistleblower protections 
that are available to employees of the agen-
cy; and 
(ii) be provided—
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† HR 2810 EAS 
(I) to each employee of the agency 
who— 
(aa) is appointed to a super-
visory position in the agency; and 
(bb) before the appointment 
described in item (aa), had not 
served in a supervisory position 
in the agency; and 
(II) on an annual basis to all em-
ployees of the agency who serve in su-
pervisory positions in the agency. 
(3) 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 infor-
mation with respect to— 
(i) the right of the employee to appeal 
an action brought under the applicable sec-
tion; 
(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
1026 
† HR 2810 EAS 
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 Per-
sonnel Management, in consultation with the 
Special Counsel, the Merit Systems Protection 
Board, and the Equal Employment Opportunity 
Commission. 
(d) ADDITIONAL WHISTLEBLOWER PROVISIONS.— 
(1) PROHIBITED PERSONNEL PRACTICES.—Sec-
tion 2302 of title 5, United States Code, is amend-
ed— 
(A) in subsection (b)— 
(i) in paragraph (9)(C), by inserting 
‘‘(or any other component responsible for 
internal investigation or review)’’ after ‘‘In-
spector General’’; and 
(ii) in paragraph (12), by striking 
‘‘or’’ at the end; 
(iii) in paragraph (13), by striking the 
period at the end and inserting ‘‘; or’’; and 
(iv) by inserting after paragraph (13) 
the following:
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† HR 2810 EAS 
‘‘(14) access the medical record of another em-
ployee or an applicant for employment as a part of, 
or otherwise in furtherance of, any conduct described 
in paragraphs (1) through (13).’’; and 
(B) in subsection (f)— 
(i) in paragraph (1)— 
(I) in subparagraph (E), by strik-
ing ‘‘or’’ at the end; 
(II) by redesignating subpara-
graph (F) as subparagraph (G); and 
(III) by inserting after subpara-
graph (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 in-
serting 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 dis-
closure 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, rec-
ommend, or approve any personnel action with respect to
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† HR 2810 EAS 
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 AC-
TION.—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 re-
quired under subsection (c) or paragraph 
(5) of this subsection’’; 
(ii) by striking paragraph (2) and in-
serting the following: 
‘‘(2) Upon receipt of any report that the head of an 
agency is required to submit under subsection (c), the Spe-
cial Counsel shall review the report and determine wheth-
er— 
‘‘(A) the findings of the head of the agency ap-
pear reasonable; and 
‘‘(B) if the Special Counsel requires the head of 
the agency to submit a supplemental report under 
paragraph (5), the reports submitted by the head of
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† HR 2810 EAS 
the agency collectively contain the information re-
quired under subsection (d).’’; 
(iii) in paragraph (3), by striking 
‘‘agency report received pursuant to sub-
section (c) of this section’’ and inserting 
‘‘report submitted to the Special Counsel by 
the head of an agency under subsection (c) 
or paragraph (5) of this subsection’’; and 
(iv) by adding at the end the following: 
‘‘(5) If, after conducting a review of a report under 
paragraph (2), the Special Counsel concludes that the Spe-
cial Counsel requires additional information or documenta-
tion to determine whether the report submitted by the head 
of an agency is reasonable and sufficient, the Special Coun-
sel may request that the head of the agency submit a supple-
mental report— 
‘‘(A) containing the additional information or 
documentation 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 by adding at the end the following:
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† HR 2810 EAS 
‘‘(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 
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 pro-
bationary status, the head of the agency employing the em-
ployee shall give priority to a request for a transfer sub-
mitted 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 corrective 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 retalia-
tion for a disclosure or protected activity described in sec-
tion 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.’’. 
(e) SUICIDE BY EMPLOYEES.—
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† HR 2810 EAS 
(1) DEFINITIONS.—In this subsection— 
(A) the term ‘‘agency’’ means any entity the 
employees of which are covered under para-
graphs (8) and (9) of section 2302(b) of title 5, 
United States Code, without regard to whether 
any other provision of that title is applicable to 
the entity; and 
(B) the term ‘‘personnel action’’ has the 
meaning given the term in section 2302(a)(2)(A) 
of title 5, United States Code. 
(2) REFERRAL.— 
(A) IN GENERAL.—The head of an agency 
shall refer to the Special Counsel, along with any 
information known to the agency regarding the 
circumstances described in subparagraph (B), 
any instance in which the head of the agency has 
information indicating that an employee of the 
agency committed suicide. 
(B) INFORMATION.—The circumstances de-
scribed in this subparagraph are as follows: 
(i) Before the death of an employee de-
scribed in subparagraph (A), the employee 
made a disclosure of information that rea-
sonably evidences—
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† HR 2810 EAS 
(I) a violation of a law, rule, or 
regulation; 
(II) gross mismanagement; 
(III) a gross waste of funds; 
(IV) an abuse of authority; or 
(V) a substantial and specific 
danger to public health or safety. 
(ii) After a disclosure described in 
clause (i), a personnel action was taken 
with respect to the employee who made the 
disclosure. 
(3) OFFICE
OF
SPECIAL
COUNSEL
REVIEW.— 
Upon receiving a referral under paragraph (2)(A), 
the Special Counsel shall— 
(A) examine whether a personnel action was 
taken with respect to an employee because of a 
disclosure described in paragraph (2)(B)(i); and 
(B) take any action that the Special Coun-
sel determines is appropriate under subchapter 
II of chapter 12 of title 5, United States Code. 
(f) PROTECTION OF WHISTLEBLOWERS AS CRITERIA 
IN PERFORMANCE APPRAISALS.— 
(1) ESTABLISHMENT OF SYSTEMS.—Section 4302 
of title 5, United States Code, is amended—
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† HR 2810 EAS 
(A) by redesignating subsections (b) and (c) 
as subsections (c) and (d), respectively; and 
(B) by inserting after subsection (a) the fol-
lowing: 
‘‘(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 crit-
ical 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 whistle-
blowers, such as the degree to which supervisory em-
ployees— 
‘‘(i) respond constructively when employees 
of the agency make disclosures described in sub-
paragraph (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 em-
ployees of the agency feel comfortable making 
disclosures described in clause (i) to supervisory 
employees or other appropriate authorities; and
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† HR 2810 EAS 
‘‘(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 agree-
ment described in clause (i), the number of in-
stances in which the agency entered into such an 
agreement with respect to the supervisory em-
ployee. 
‘‘(3) In this subsection— 
‘‘(A) the term ‘agency’ means any entity the em-
ployees 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).’’.
1035 
† HR 2810 EAS 
(2) CRITERIA FOR PERFORMANCE APPRAISALS.— 
Section 4313 of title 5, United States Code, is amend-
ed— 
(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 UNAC-
CEPTABLE PERFORMANCE IN WHISTLEBLOWER PRO-
TECTION.— 
(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 Government Reform 
of the House of Representatives, and each com-
mittee of Congress with jurisdiction over the 
agency a report that details—
1036 
† HR 2810 EAS 
(i) the number of performance apprais-
als, 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 correc-
tive action taken by the agency in response 
to a determination under clause (i). 
(4) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—Section 4301 of title 5, United States Code, 
is amended, in the matter preceding paragraph (1), 
by striking ‘‘For the purpose of’’ and inserting ‘‘Ex-
cept as otherwise expressly provided, for the purpose 
of’’. 
(g) DISCIPLINE OF SUPERVISORS BASED ON RETALIA-
TION AGAINST WHISTLEBLOWERS.— 
(1) IN GENERAL.—Subchapter II of chapter 75 of 
title 5, United States Code, is amended by adding at 
the end the following:
1037 
† HR 2810 EAS 
‘‘§ 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 sec-
tion 2302(a)(2)(C), without regard to whether 
any other provision 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) or (9) 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.—If the head of the agency in 
which a supervisor is employed, an administrative 
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
1038 
† HR 2810 EAS 
is employed has determined that the supervisor com-
mitted a prohibited personnel action, the head of the 
agency in which the supervisor is employed, con-
sistent with the procedures required under paragraph 
(2)— 
‘‘(A) for the first prohibited personnel ac-
tion committed by the supervisor— 
‘‘(i) shall propose suspending the su-
pervisor for a period that is not less than 
3 days; and 
‘‘(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 ac-
tion committed by the supervisor, shall propose 
removing the supervisor. 
‘‘(2) PROCEDURES.— 
‘‘(A) NOTICE.—A supervisor against whom 
an action is proposed to be taken under para-
graph (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 mate-
1039 
† HR 2810 EAS 
rial that constitutes the factual support on 
which the proposed action is based. 
‘‘(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 
support of that answer. 
‘‘(ii) NO EVIDENCE FURNISHED; INSUF-
FICIENT
EVIDENCE
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 super-
visor is employed determines that the evi-
dence furnished by the supervisor is insuffi-
cient, 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
1040 
† HR 2810 EAS 
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 sec-
tion 7513; and 
‘‘(III) paragraphs (1) and (2) of 
subsection (b) and subsection (c) of sec-
tion 7543. 
‘‘(3) NON-DELEGATION.—If the head of an agen-
cy is responsible for determining whether a supervisor 
has committed a prohibited personnel action for pur-
poses of paragraph (1), the head of the agency may 
not delegate that responsibility.’’. 
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for subchapter II of 
chapter 75 of title 5, United States Code, is amended 
by inserting after the item relating to section 7514 the 
following: 
‘‘7515. Discipline of supervisors based on retaliation against whistleblowers.’’. 
(h) 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:
1041 
† HR 2810 EAS 
‘‘(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 per-
sonnel 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 jurisdic-
tion to investigate the allegation; or 
‘‘(iii) the individual knew or should have known 
of the alleged prohibited personnel practice on or be-
fore 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 sub-
paragraph (A), 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 investigation.’’.
1042 
† HR 2810 EAS 
(i) ALLEGATIONS OF WRONGDOING WITHIN THE OF-
FICE
OF SPECIAL 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 allega-
tions of prohibited personnel practices or wrong-
doing 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 di-
rectly 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.’’. 
(j) REPORTING REQUIREMENTS.— 
(1) ANNUAL REPORT.—Section 1218 of title 5, 
United States Code, is amended to read as follows:
1043 
† HR 2810 EAS 
‘‘§ 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 sub-
mission of the report— 
‘‘(1) the number, types, and disposition of allega-
tions of prohibited personnel practices filed with the 
Special Counsel and the costs of resolving such allega-
tions; 
‘‘(2) the number of investigations conducted by 
the Special Counsel; 
‘‘(3) the number of stays and disciplinary ac-
tions negotiated with agencies by the Special Counsel; 
‘‘(4) the number of subpoenas issued by the Spe-
cial Counsel; 
‘‘(5) the number of instances in which the Spe-
cial Counsel reopened an investigation after the Spe-
cial Counsel had made an initial determination with 
respect to the investigation; 
‘‘(6) the actions that resulted from reopening in-
vestigations, as described in paragraph (5); 
‘‘(7) the number of instances in which the Spe-
cial 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 reason-
1044 
† HR 2810 EAS 
able 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 recommendations or re-
ports; 
‘‘(9) the number of— 
‘‘(A) actions initiated before the Merit Sys-
tems Protection Board, including the number of 
corrective action petitions and disciplinary ac-
tion complaints initiated; and 
‘‘(B) stays and extensions of stays obtained 
from the Merit Systems Protection Board; 
‘‘(10) the number of prohibited personnel prac-
tice complaints 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 whistleblowers; and 
‘‘(B) all other complaints; and 
‘‘(11) the number of prohibited personnel prac-
tice complaints that were resolved by an agreement 
between an agency and an individual, organized by 
agency and agency components in—
1045 
† HR 2810 EAS 
‘‘(A) complaints dealing with reprisals 
against whistleblowers; 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 per-
sonnel 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 agen-
cy.’’. 
(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), to-
gether 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 sec-
tion 1213(c)(1)(B) relating to the matter; 
‘‘(C) if appropriate, not otherwise prohib-
ited by law, and consented to by the complain-
1046 
† HR 2810 EAS 
ant, any comments from the complainant under 
section 1213(e)(1) relating to the matter; and 
‘‘(D) the comments or recommendations of 
the Special Counsel under paragraph (3) or (4) 
of section 1213(e);’’. 
(3) NOTICE OF COMPLAINT SETTLEMENTS.—Sec-
tion 1217 of title 5, United States Code, is amend-
ed— 
(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 be-
tween an agency and an individual, the Special 
Counsel shall submit to Congress and each congres-
sional 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 agree-
ment described in that paragraph— 
‘‘(A) the agency that entered into the agree-
ment;
1047 
† HR 2810 EAS 
‘‘(B) the position and employment location 
of the employee who submitted the allegation that 
formed the basis of the agreement; 
‘‘(C) the position and employment location 
of any employee alleged by an employee de-
scribed in subparagraph (B) to have committed 
a prohibited personnel practice, as defined in 
section 2302(a)(1); 
‘‘(D) a description of the allegation de-
scribed in subparagraph (B); and 
‘‘(E) whether the agency that entered into 
the agreement has agreed to pursue any discipli-
nary action as a result of the allegation de-
scribed in subparagraph (B).’’. 
(k) 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 enactment 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 infor-
mation and improving service at various stages of a