; and (2) the term personnel action has the meaning given the term in section 2302(a)(2)(A) of title 5, United States Code. (b) Referral (1) 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 paragraph (2), any instance in which the head of the agency has information indicating that an employee of the agency committed suicide. (2) Information The circumstances described in this paragraph are as follows: (A) Before the death of an employee described in paragraph (1), the employee made a disclosure of information that reasonably evidences— (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. (B) After a disclosure described in subparagraph (A), a personnel action was taken with respect to the employee who made the disclosure. (c) Office of Special Counsel review Upon receiving a referral under subsection (b)(1), the Special Counsel shall— (1) examine whether a personnel action was taken with respect to an employee because of a disclosure described in subsection (b)(2)(A); and (2) take any action that the Special Counsel determines is appropriate under subchapter II of chapter 12 of title 5, United States Code. 6. Protection of whistleblowers as criteria in performance appraisals (a) Establishment of systems Section 4302 of title 5, United States Code, is amended— (1) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively; and (2) by inserting after subsection (a) the following: (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