; (iii) serving in a position in a Federal executive system that is comparable to the Senior Executive Service, the appointment to which is not made through merit-based procedures, such as a position in the Transportation Security Executive Service; or (iv) serving in a position with respect to which a determination has been made under section 7511(b)(2). . (b) Technical and conforming amendment The table of sections for subchapter II of chapter 12 of title 5, United States Code, is amended by adding at the end the following: 1219a. Definitions. . 3. Notifying Congress in the event of a decision not to investigate a noncareer employee Section 1217 of title 5, United States Code, is amended by adding at the end the following: (c) Notification of Congress in the event of certain declinations (1) In general Not later than 180 days after the date of enactment of this subsection, and once every 180 days thereafter, the Special Counsel shall submit to the Chair and Ranking Member of each of the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a written report that contains, for the period covered by the report, the number of complaints received by the Special Counsel that the Special Counsel referred for disciplinary action. (2) Contents Each report required under paragraph (1) shall— (A) include— (i) a copy of the applicable complaint; (ii) the name and position of the employee who is the subject of the applicable complaint; and (B) be organized to indicate whether the employee who is the subject of each complaint contained in the report is a career employee or a noncareer employee. . 4. Reporting to Congress (a) In general Section 1218 of title 5, United States Code, is amended— (1) in the section heading, by striking report and inserting reports ; (2) in the matter preceding paragraph (1), by striking The Special and inserting the following: (a) In general The Special