‘‘(3) If, based on evidence presented to it under this
section, the Merit Systems Protection Board determines
that there is reason to believe that a current employee may
have committed a prohibited personnel practice, the Board
shall refer the matter to the Special Counsel for investiga-
tion and appropriate action under section 1215.’’.
SEC. 4. PROHIBITED PERSONNEL PRACTICES.
(a) PERSONNEL ACTIONS.—
(1) IN
GENERAL.—Section 2302(a)(2)(A) of
title 5, United States Code, is amended—
(A) in clause (ix) by striking ‘‘and’’ after
the semicolon; and
(B) by redesignating clause (x) as clause
(xii) and inserting before such clause the
following:
‘‘(x) a decision to require psychiatric test-
ing or examination;
‘‘(xi) a denial, revocation, or other deter-
mination relating to a security clearance; and’’.
(2) 
CONFORMING
AMENDMENT.—Section
2303(a) of title 5, United States Code, is amended
by striking ‘‘clauses (i) through (x)’’ and inserting
‘‘clauses (i) through (xii)’’.
(b) COVERED POSITIONS.—Section 2302(a)(2)(B) of
title 5, United States Code, is amended to read as follows:
‘‘(B) ‘covered position’, as used with respect to
an employee or applicant for employment, means
any position in the competitive service, a career ap-
pointee position in the Senior Executive Service, a
position in the excepted service, or a position covered
by chapter 74 of title 38, but does not include any
position which, as of the date on which the employee
began serving in the position or the applicant ap-
plied for such position (as the case may be), was—
‘‘(i) excepted from the competitive service
because of its confidential, policy-determining,
policy-making, or policy-advocating character;
or
‘‘(ii) excluded from the coverage of this
section by the President based on a determina-
tion by the President that it is necessary and
warranted by conditions of good administra-
tion.’’.
(c) AGENCIES.—
(1) IN
GENERAL.—Section 2302(a)(2)(C) of
title 5, United States Code, is amended—
(A) by striking clause (i); and
(B) by redesignating clauses (ii) and (iii)
as clauses (i) and (ii), respectively.
(2) COORDINATION WITH CERTAIN OTHER PRO-
VISIONS OF LAW.—Section 2305 of title 5, United
States Code, is amended—
(A) by striking ‘‘No’’ and inserting ‘‘(a)
No’’; and
(B) by adding at the end the following:
‘‘(b)(1) This subsection applies with respect to a pro-
hibited personnel practice described in section 2302(b)(8)
for which a remedy is also available under section 33 of
the Federal Deposit Insurance Act or section 21A(q) of
the Federal Home Loan Bank Act.
‘‘(2) An employee or former employee affected by a
prohibited personnel practice described in paragraph (1)
may raise the matter under (A) section 33 of the Federal
Deposit Insurance Act or section 21A(q) of the Federal
Home Loan Bank Act, as the case may be, or (B) a proce-
dure available under this title, but not both.
‘‘(3) A determination as to if or when an employee
or former employee has made a choice under this sub-
section shall be made in a manner similar to that set forth
in section 7121(g).’’.
(d) INFORMATION.—Section 2302(c) of title 5,
United States Code, is amended in the first sentence by
striking ‘‘management.’’ and inserting ‘‘management, and
for ensuring (in consultation with the Office of Special
Counsel) that employees of such agency are informed of
the rights and remedies available to them under this chap-
ter and chapter 12.’’.
SEC. 5. ADDITIONAL AMENDMENTS RELATING TO PROCE-
DURES UNDER WHICH INDIVIDUALS MAY
SEEK RELIEF FROM PROHIBITED PERSON-
NEL PRACTICES.
(a) INDIVIDUAL RIGHT OF ACTION BEFORE MSPB
AVAILABLE
FOR PROHIBITED PERSONNEL PRACTICES
GENERALLY.—
(1) IN GENERAL.—Section 1221(a) of title 5,
United States Code, is amended by striking ‘‘prac-
tice described in section 2302(b)(8),’’ and inserting
‘‘practice,’’.
(2) EXCEPTION.—Subsection (b) of section
1221 of title 5, United States Code, is amended by
redesignating such subsection as subsection (b)(1),
and by adding at the end the following:
‘‘(2) Nothing in this subchapter shall be considered
to create any right to seek corrective action with respect
to a prohibited personnel practice described in section
2302(b)(1).
‘‘(3) For purposes of subsection (a), the term ‘per-
sonnel action’, if taken or proposed to be taken as a result
of a prohibited personnel practice other than one described
in paragraph (1) or (8) of section 2302(b), means—
‘‘(A) an action under subchapter II of chapter
75;
‘‘(B) a detail, transfer, or reassignment; and
‘‘(C) a reduction in grade or removal under sec-
tion 4303.’’.
(3) TECHNICAL CORRECTION.—Section 1221(a)
is amended by striking ‘‘subsection 1214(a)(3)’’ and
inserting ‘‘section 1214(a)(3)’’.
(b) AMENDMENTS
RELATING
TO
THE
‘‘PASS-
THROUGH’’ REQUIREMENT.—Section 1214(a)(3) of title
5, United States Code, is amended—
(1) by adding at the end the following:
‘‘This paragraph shall not apply with respect to a prohib-
ited personnel practice described in section 2302(b)(8).’’;
(2) by redesignating subparagraphs (A) and
(B) as subparagraphs (B) and (C), respectively; and
(3) by striking the matter before subparagraph
(B) (as so redesignated by paragraph (2)) and in-
serting the following:
‘‘(3) Except as provided in the last sentence of this
paragraph, an employee, former employee, or applicant for
employment may not seek corrective action from the
Board under section 1221 unless—
‘‘(A) such employee, former employee, or appli-
cant has sought corrective action from the Special
Counsel under this subchapter;’’.
(c) CHOICE
OF REMEDIES PROVISION INVOLVING
JUDICIAL REVIEW.—
(1) IN GENERAL.—Chapter 12 of title 5, United
States Code, is amended by adding at the end the
following:
‘‘SUBCHAPTER IV—JUDICIAL REVIEW
‘‘§ 1231. Judicial review
‘‘(a) Subject to subsection (b) and section 1232, an
employee, former employee, or applicant for employment
may, with respect to a personnel action taken, or proposed
to be taken, against such employee, former employee, or
applicant for employment, as a result of a prohibited per-
sonnel practice described in section 2302(b)(8), bring a
civil action in the appropriate district court of the United
States for relief. For purposes of the preceding sentence,
the term ‘personnel action’ means—
‘‘(1) an action under subchapter II of chapter
75;
‘‘(2) a detail, transfer, or reassignment; and
‘‘(3) a reduction in grade or removal under sec-
tion 4303.
‘‘(b) An action under this section—