H. R. 2970—4
(3) in the matter following designated clause (xi) (as added
by paragraph (2) of this subsection) by inserting before the
semicolon the following: ‘‘, and in the case of an alleged prohib-
ited personnel practice described in subsection (b)(8), an
employee or applicant for employment in a Government corpora-
tion as defined in section 9101 of title 31’’.
(b) COVERED POSITIONS.—Section 2302(a)(2)(B) of title 5, United
States Code, is amended to read as follows:
‘‘(B) ‘covered position’ means, with respect to any personnel
action, any position in the competitive service, a career
appointee position in the Senior Executive Service, or a position
in the excepted service, but does not include any position which
is, prior to the personnel action—
‘‘(i) excepted from the competitive service because of
its confidential, policy-determining, policy-making, or pol-
icy-advocating character; or
‘‘(ii) excluded from the coverage of this section by the
President based on a determination by the President that
it is necessary and warranted by conditions of good
administration; and’’.
(c) AGENCIES.—Section 2302(a)(2)(C) of title 5, United States
Code, is amended in clause (i) by inserting before the semicolon:
‘‘, except in the case of an alleged prohibited personnel practice
described under subsection (b)(8)’’.
(d) INFORMATIONAL PROGRAM.—Section 2302(c) of title 5, United
States Code, is amended in the first sentence by inserting before
the period ‘‘, and for ensuring (in consultation with the Office
of Special Counsel) that agency employees are informed of the
rights and remedies available to them under this chapter and
chapter 12 of this title’’.
SEC. 6. PERFORMANCE APPRAISALS.
Section 4313(5) of title 5, United States Code, is amended
to read as follows:
‘‘(5) meeting affirmative action goals, achievement of equal
employment opportunity requirements, and compliance with
the merit systems principles set forth under section 2301 of
this title.’’.
SEC. 7. MERIT 
SYSTEMS 
APPLICATION 
TO 
CERTAIN 
VETERANS
AFFAIRS PERSONNEL.
Section 2105 of title 5, United States Code, is amended by
adding at the end thereof the following new subsection:
‘‘(f) For purposes of sections 1212, 1213, 1214, 1215, 1216,
1221, 1222, 2302, and 7701, employees appointed under chapter
73 or 74 of title 38 shall be employees.’’.
SEC. 8. CORRECTIVE ACTIONS ORDERED BY THE MERIT SYSTEMS
PROTECTION BOARD.
(a) IN GENERAL.—Section 1214 of title 5, United States Code,
is amended by adding at the end thereof the following new sub-
section:
‘‘(g) If the Board orders corrective action under this section,
such corrective action may include—
‘‘(1) that the individual be placed, as nearly as possible,
in the position the individual would have been in had the
prohibited personnel practice not occurred; and
H. R. 2970—5
‘‘(2) reimbursement for attorney’s fees, back pay and related
benefits, medical costs incurred, travel expenses, and any other
reasonable and foreseeable consequential damages.’’.
(b) CERTAIN REPRISAL CASES.—Section 1221(g) of title 5, United
States Code (as amended by section 4(d) of this Act), is further
amended—
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively; and
(2) by inserting before paragraph (2) (as redesignated by
paragraph (1) of this subsection) the following new paragraph:
‘‘(1)(A) If the Board orders corrective action under this
section, such corrective action may include—
‘‘(i) that the individual be placed, as nearly as possible,
in the position the individual would have been in had
the prohibited personnel practice not occurred; and
‘‘(ii) back pay and related benefits, medical costs
incurred, travel expenses, and any other reasonable and
foreseeable consequential changes.
‘‘(B) Corrective action shall include attorney’s fees and costs
as provided for under paragraphs (2) and (3).’’.
SEC. 9. AUTHORITIES RELATING TO ARBITRATORS AND CHOICE OF
REMEDIES NOT INVOLVING JUDICIAL REVIEW.
(a) AUTHORITIES WHICH MAY BE EXTENDED TO ARBITRATORS.—
Section 7121(b) of title 5, United States Code, is amended—
(1) by redesignating subparagraphs (A) through (C) of para-
graph (3) as clauses (i) through (iii), respectively;
(2) by redesignating paragraphs (1) through (3) as subpara-
graphs (A) through (C), respectively;
(3) by striking ‘‘(b)’’ and inserting ‘‘(b)(1)’’; and
(4) by adding at the end the following:
‘‘(2)(A) The provisions of a negotiated grievance procedure
providing for binding arbitration in accordance with paragraph
(1)(C)(iii) shall, if or to the extent that an alleged prohibited person-
nel practice is involved, allow the arbitrator to order—
‘‘(i) a stay of any personnel action in a manner similar
to the manner described in section 1221(c) with respect to
the Merit Systems Protection Board; and
‘‘(ii) the taking, by an agency, of any disciplinary action
identified under section 1215(a)(3) that is otherwise within
the authority of such agency to take.
‘‘(B) Any employee who is the subject of any disciplinary action
ordered under subparagraph (A)(ii) may appeal such action to the
same extent and in the same manner as if the agency had taken
the disciplinary action absent arbitration.’’.
(b) CHOICE OF REMEDIES PROVISION NOT INVOLVING JUDICIAL
REVIEW.—Section 7121 of title 5, United States Code, is amended
by adding at the end the following:
‘‘(g)(1) This subsection applies with respect to a prohibited
personnel practice other than a prohibited personnel practice to
which subsection (d) applies.
‘‘(2) An aggrieved employee affected by a prohibited personnel
practice described in paragraph (1) may elect not more than one
of the remedies described in paragraph (3) with respect thereto.
For purposes of the preceding sentence, a determination as to
whether a particular remedy has been elected shall be made as
set forth under paragraph (4).
H. R. 2970—6
‘‘(3) The remedies described in this paragraph are as follows:
‘‘(A) An appeal to the Merit Systems Protection Board
under section 7701.
‘‘(B) A negotiated grievance procedure under this section.
‘‘(C) Procedures for seeking corrective action under sub-
chapters II and III of chapter 12.
‘‘(4) For the purpose of this subsection, a person shall be consid-
ered to have elected—
‘‘(A) the remedy described in paragraph (3)(A) if such per-
son has timely filed a notice of appeal under the applicable
appellate procedures;
‘‘(B) the remedy described in paragraph (3)(B) if such per-
son has timely filed a grievance in writing, in accordance with
the provisions of the parties’ negotiated procedure; or
‘‘(C) the remedy described in paragraph (3)(C) if such per-
son 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 amended—
(1) by striking ‘‘(d) and (e)’’ and inserting ‘‘(d), (e), and
(g)’’; and
(2) by inserting ‘‘administrative’’ after ‘‘exclusive’’.
SEC. 10. EXPENSES RELATED TO FEDERAL RETIREMENT APPEALS.
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 para-
graph:
‘‘(3) is made available, subject to such annual limitation
as the Congress may prescribe, for any expenses 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 EMPLOYEES OF THE
RESOLUTION TRUST CORPORATION AND THRIFT DEPOSI-
TOR 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 administra-
tive corrective action or judicial remedy for such violation under
the provisions of chapters 12 and 23 of title 5, United States
Code, the provisions 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.
SEC. 12. IMPLEMENTATION.
(a) POLICY STATEMENT.—No later than 6 months after the
date of enactment of this Act, the Special Counsel shall issue
H. R. 2970—7
a policy statement regarding the implementation of the Whistle-
blower 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 information 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 cir-
cumstances under which such information 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 conducted by the Special Counsel, the rel-
evant facts ascertained by the Special Counsel, and the law
applicable to the person’s allegations.
SEC. 13. ANNUAL SURVEY OF INDIVIDUALS SEEKING ASSISTANCE.
(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 individ-
uals 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 successful either
at the Office of Special Counsel or the Merit Systems Protection
Board; and
(3) determine if the individual, whether successful or not,
was satisfied with the treatment received from the Office of
Special Counsel.
(b) REPORT.—The results of the survey conducted under sub-
section (a) shall be published in the annual report of the Office
of Special Counsel.
H. R. 2970—8
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.