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NOTES:


Source

(Added , title I, § 101(a), Oct. 13, 1978, ; amended , § 5(c), Oct. 30, 1990, .)

Amendments
1990—Subsec. (a). redesignated par. (3) as (2) and struck out former par. (2) which provided that this section is applicable to Administrative Office of United States Courts.

Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of , set out as an Effective Date of 1978 Amendment note under section of this title.

Notification and Federal employee Antidiscrimination and Retaliation
, May 15, 2002, , provided that: “SECTION 1. SHORT TITLE; TABLE OF CONTENTS.5800 “(a) Short Title.—This Act may be cited as the ‘Notification and Federal employee Antidiscrimination and Retaliation Act of 2002’. “(b) Table of Contents.—[Omitted.] “TITLE I—GENERAL PROVISIONS “SEC. . FINDINGS.5800 “Congress finds that— “(1) Federal agencies cannot be run effectively if those agencies practice or tolerate discrimination; “(2) Congress has heard testimony from individuals, including representatives of the National Association for the Advancement of Colored People and the American Federation of Government Employees, that point to chronic problems of discrimination and retaliation against Federal employees; “(3) in August 2000, a jury found that the Environmental Protection Agency had discriminated against a senior social scientist, and awarded that scientist $600,000; “(4) in October 2000, an Occupational Safety and Health Administration investigation found that the Environmental Protection Agency had retaliated against a senior scientist for disagreeing with that agency on a matter of science and for helping Congress to carry out its oversight responsibilities; “(5) there have been several recent class action suits based on discrimination brought against Federal agencies, including the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, the Drug Enforcement Administration, the Immigration and Naturalization Service, the United States Marshals Service, the Department of Agriculture, the United States Information Agency, and the Social Security Administration; “(6) notifying Federal employees of their rights under discrimination and whistleblower laws should increase Federal agency compliance with the law; “(7) requiring annual reports to Congress on the number and severity of discrimination and whistleblower cases brought against each Federal agency should enable Congress to improve its oversight over compliance by agencies with the law; and “(8) requiring Federal agencies to pay for any discrimination or whistleblower judgment, award, or settlement should improve agency accountability with respect to discrimination and whistleblower laws. “SEC. . SENSE OF CONGRESS.5800 “It is the sense of Congress that— “(1) Federal agencies should not retaliate for court judgments or settlements relating to discrimination and whistleblower laws by targeting the claimant or other employees with reductions in compensation, benefits, or workforce to pay for such judgments or settlements; “(2) the mission of the Federal agency and the employment security of employees who are blameless in a whistleblower incident should not be compromised; “(3) Federal agencies should not use a reduction in force or furloughs as means of funding a reimbursement under this Act; “(4)(A) accountability in the enforcement of employee rights is not furthered by terminating— “(i) the employment of other employees; or “(ii) the benefits to which those employees are entitled through statute or contract; and “(B) this Act is not intended to authorize those actions; “(5)(A) nor is accountability furthered if Federal agencies react to the increased accountability under this Act by taking unfounded disciplinary actions against managers or by violating the procedural rights of managers who have been accused of discrimination; and “(B) Federal agencies should ensure that managers have adequate training in the management of a diverse workforce and in dispute resolution and other essential communication skills; and “(6)(A) Federal agencies are expected to reimburse the General Fund of the Treasury within a reasonable time under this Act; and “(B) a Federal agency, particularly if the amount of reimbursement under this Act is large relative to annual appropriations for that agency, may need to extend reimbursement over several years in order to avoid— “(i) reductions in force; “(ii) furloughs; “(iii) other reductions in compensation or benefits for the workforce of the agency; or “(iv) an adverse effect on the mission of the agency. “SEC. . DEFINITIONS.5800 “For purposes of this Act— “(1) the term ‘applicant for Federal employment’ means an individual applying for employment in or under a Federal agency; “(2) the term ‘basis of alleged discrimination’ shall have the meaning given such term under section ; “(3) the term ‘Federal agency’ means an Executive agency (as defined in section of title , United States Code), the United States Postal Service, or the Postal Rate Commission; “(4) the term ‘Federal employee’ means an individual employed in or under a Federal agency; “(5) the term ‘former Federal employee’ means an individual formerly employed in or under a Federal agency; and “(6) the term ‘issue of alleged discrimination’ shall have the meaning given such term under section . “SEC. . EFFECTIVE DATE.5800 “This Act and the amendments made by this Act shall take effect on the 1st day of the 1st fiscal year beginning more than 180 days after the date of the enactment of this Act [May 15, 2002]. “TITLE II—FEDERAL employee DISCRIMINATION AND RETALIATION “SEC. 201. REIMBURSEMENT REQUIREMENT.5800 “(a) Applicability.—This section applies with respect to any payment made in accordance with section , , , or of title , United States Code, and under section of title , United States Code (relating to judgments, awards, and compromise settlements) to any Federal employee, former Federal employee, or applicant for Federal employment, in connection with any proceeding brought by or on behalf of such employee, former employee, or applicant under— “(1) any provision of law cited in subsection (c); or “(2) any other provision of law which prohibits any form of discrimination, as identified under rules issued under section 204. “(b) Requirement.—An amount equal to the amount of each payment described in subsection (a) shall be reimbursed to the fund described in section of title , United States Code, out of any appropriation, fund, or other account (excluding any part of such appropriation, of such fund, or of such account available for the enforcement of any Federal law) available for operating expenses of the Federal agency to which the discriminatory conduct involved is attributable as determined under section 204. “(c) Scope.—The provisions of law cited in this subsection are the following: “(1) Section 2302 (b) of title , United States Code, as applied to discriminatory conduct described in paragraphs (1) and (8), or described in paragraph (9) of such section as applied to discriminatory conduct described in paragraphs (1) and (8), of such section. “(2) The provisions of law specified in section 2302 (d) of title , United States Code. “SEC. 202. NOTIFICATION REQUIREMENT.5800 “(a) In General.—Written notification of the rights and protections available to Federal employees, former Federal employees, and applicants for Federal employment (as the case may be) in connection with the respective provisions of law covered by paragraphs (1) and (2) of section 201 (a) shall be provided to such employees, former employees, and applicants— “(1) in accordance with otherwise applicable provisions of law; or “(2) if, or to the extent that, no such notification would otherwise be required, in such time, form, and manner as shall under section 204 be required in order to carry out the requirements of this section. “(b) Posting on the Internet.—Any written notification under this section shall include, but not be limited to, the posting of the information required under paragraph (1) or (2) (as applicable) of subsection (a) on the Internet site of the Federal agency involved. “(c) employee Training.—Each Federal agency shall provide to the employees of such agency training regarding the rights and remedies applicable to such employees under the laws cited in section 201 (c). “SEC. 203. REPORTING REQUIREMENT.5800 “(a) Annual Report.—Subject to subsection (b), not later than 180 days after the end of each fiscal year, each Federal agency shall submit to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, each committee of Congress with jurisdiction relating to the agency, the Equal employment Opportunity Commission, and the Attorney General an annual report which shall include, with respect to the fiscal year— “(1) the number of cases arising under each of the respective provisions of law covered by paragraphs (1) and (2) of section 201 (a) in which discrimination on the part of such agency was alleged; “(2) the status or disposition of cases described in paragraph (1); “(3) the amount of money required to be reimbursed by such agency under section 201 in connection with each of such cases, separately identifying the aggregate amount of such reimbursements attributable to the payment of attorneys’ fees, if any; “(4) the number of employees disciplined for discrimination, retaliation, harassment, or any other infraction of any provision of law referred to in paragraph (1); “(5) the final year-end data posted under section for such fiscal year (without regard to section ); “(6) a detailed description of— “(A) the policy implemented by that agency relating to appropriate disciplinary actions against a Federal employee who— “(i) discriminated against any individual in violation of any of the laws cited under section 201 (a)(1) or (2); or “(ii) committed another prohibited personnel practice that was revealed in the investigation of a complaint alleging a violation of any of the laws cited under section 201 (a)(1) or (2); and “(B) with respect to each of such laws, the number of employees who are disciplined in accordance with such policy and the specific nature of the disciplinary action taken; “(7) an analysis of the information described under paragraphs (1) through (6) (in conjunction with data provided to the Equal employment Opportunity Commission in compliance with part 1614 of title of the Code of Federal Regulations) including— “(A) an examination of trends; “(B) causal analysis; “(C) practical knowledge gained through experience; and “(D) any actions planned or taken to improve complaint or civil rights programs of the agency; and “(8) any adjustment (to the extent the adjustment can be ascertained in the budget of the agency) to comply with the requirements under section 201. “(b) First Report.—The 1st report submitted under subsection (a) shall include for each item under subsection (a) data for each of the 5 immediately preceding fiscal years (or, if data are not available for all 5 fiscal years, for each of those 5 fiscal years for which data are available). “SEC. 204. RULES AND GUIDELINES.5800 “(a) Issuance of Rules and Guidelines.—The President (or the designee of the President) shall issue— “(1) rules to carry out this title; “(2) rules to require that a comprehensive study be conducted in the executive branch to determine the best practices relating to the appropriate disciplinary actions against Federal employees who commit the actions described under clauses (i) and (ii) of section 203 (a)(6)(A); and “(3) based on the results of such study, advisory guidelines incorporating best practices that Federal agencies may follow to take such actions against such employees. “(b) Agency Notification Regarding Implementation of Guidelines.—Not later than 30 days after the issuance of guidelines under subsection (a), each Federal agency shall submit to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Equal employment Opportunity Commission, and the Attorney General a written statement specifying in detail— “(1) whether such agency has adopted and will fully follow such guidelines; “(2) if such agency has not adopted such guidelines; the reasons for the failure to adopt such guidelines; and “(3) if such agency will not fully follow such guidelines, the reasons for the decision not to fully follow such guidelines and an explanation of the extent to which such agency will not follow such guidelines. “SEC. 205. CLARIFICATION OF REMEDIES.5800 “Consistent with Federal law, nothing in this title shall prevent any Federal employee, former Federal employee, or applicant for Federal employment from exercising any right otherwise available under the laws of the United States. “SEC. 206. STUDIES BY GENERAL ACCOUNTING OFFICE ON EXHAUSTION OF ADMINISTRATIVE REMEDIES AND ON ASCERTAINMENT OF CERTAIN DEPARTMENT OF JUSTICE COSTS.5800 “(a) Study on Exhaustion of Administrative Remedies.— “(1) Study.— “(A) In general.—Not later than 180 days after the date of enactment of this Act [May 15, 2002], the General Accounting Office shall conduct a study relating to the effects of eliminating the requirement that Federal employees aggrieved by violations of any of the laws specified under section 201 (c) exhaust administrative remedies before filing complaints with the Equal employment Opportunity Commission. “(B) Contents.—The study shall include a detailed summary of matters investigated, information collected, and conclusions formulated that lead to determinations of how the elimination of such requirement will— “(i) expedite handling of allegations of such violations within Federal agencies and will streamline the complaint-filing process; “(ii) affect the workload of the Commission; “(iii) affect established alternative dispute resolution procedures in such agencies; and “(iv) affect any other matters determined by the General Accounting Office to be appropriate for consideration. “(2) Report.—Not later than 90 days after completion of the study required by paragraph (1), the General Accounting Office shall submit to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Equal employment Opportunity Commission, and the Attorney General a report containing the information required to be included in such study. “(b) Study on Ascertainment of Certain Costs of the Department of Justice in Defending Discrimination and Whistleblower Cases.— “(1) Study.—Not later than 180 days after the date of enactment of this Act [May 15, 2002], the General Accounting Office shall conduct a study of the methods that could be used for, and the extent of any administrative burden that would be imposed on, the Department of Justice to ascertain the personnel and administrative costs incurred in defending in each case arising from a proceeding identified under section 201 (a)(1) and (2). “(2) Report.—Not later than 90 days after completion of the study required by paragraph (1), the General Accounting Office shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate a report containing the information required to be included in the study. “(c) Studies on Statutory Effects on Agency Operations.— “(1) In general.—Not later than 18 months after the date of enactment of this Act [May 15, 2002], the General Accounting Office shall conduct— “(A) a study on the effects of section 201 on the operations of Federal agencies; and “(B) a study on the effects of section 13 of the Contract Disputes Act of 1978 ( U.S.C. ) on the operations of Federal agencies. “(2) Contents.—Each study under paragraph (1) shall include, with respect to the applicable statutes of the study— “(A) a summary of the number of cases in which a payment was made in accordance with section , , , or of title , United States Code, and under section of title , United States Code; “(B) a summary of the length of time Federal agencies used to complete reimbursements of payments described under subparagraph (A); and “(C) conclusions that assist in making determinations on how the reimbursements of payments described under subparagraph (A) will affect— “(i) the operations of Federal agencies; “(ii) funds appropriated on an annual basis; “(iii) employee relations and other human capital matters; “(iv) settlements; and “(v) any other matter determined by the General Accounting Office to be appropriate for consideration. “(3) Reports.—Not later than 90 days after the completion of each study under paragraph (1), the General Accounting Office shall submit a report on each study, respectively, to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Attorney General. “(d) Study on Administrative and Personnel Costs Incurred by the Department of the Treasury.— “(1) In general.—Not later than 1 year after the date of enactment of this Act [May 15, 2002], the General Accounting Office shall conduct a study on the extent of any administrative and personnel costs incurred by the Department of the Treasury to account for payments made in accordance with section , , , or of title , United States Code, and under section of title , United States Code, as a result of— “(A) this Act; and “(B) the Contracts Dispute Act of 1978 ( U.S.C. [ U.S.C. et seq.]; Public Law 95–563). “(2) Report.—Not later than 90 days after the completion of the study under paragraph (1), the General Accounting Office shall submit a report on the study to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Committee on Governmental Affairs of the Senate, the Committee on Government Reform of the House of Representatives, and the Attorney General. “TITLE III—EQUAL employment OPPORTUNITY COMPLAINT DATA DISCLOSURE “SEC. . DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.5800 “(a) In General.—Each Federal agency shall post on its public Web site, in the time, form, and manner prescribed under section (in conformance with the requirements of this section), summary statistical data relating to equal employment opportunity complaints filed with such agency by employees or former employees of, or applicants for employment with, such agency. “(b) Content Requirements.—The data posted by a Federal agency under this section shall include, for the then current fiscal year, the following: “(1) The number of complaints filed with such agency in such fiscal year. “(2) The number of individuals filing those complaints (including as the agent of a class). “(3) The number of individuals who filed 2 or more of those complaints. “(4) The number of complaints (described in paragraph (1)) in which each of the various bases of alleged discrimination is alleged. “(5) The number of complaints (described in paragraph (1)) in which each of the various issues of alleged discrimination is alleged. “(6) The average length of time, for each step of the process, it is taking such agency to process complaints (taking into account all complaints pending for any length of time in such fiscal year, whether first filed in such fiscal year or earlier). Average times under this paragraph shall be posted— “(A) for all such complaints, “(B) for all such complaints in which a hearing before an administrative judge of the Equal employment Opportunity Commission is not requested, and “(C) for all such complaints in which a hearing before an administrative judge of the Equal employment Opportunity Commission is requested. “(7) The total number of final agency actions rendered in such fiscal year involving a finding of discrimination and, of that number— “(A) the number and percentage that were rendered without a hearing before an administrative judge of the Equal employment Opportunity Commission, and “(B) the number and percentage that were rendered after a hearing before an administrative judge of the Equal employment Opportunity Commission. “(8) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination— “(A) the number and percentage involving a finding of discrimination based on each of the respective bases of alleged discrimination, and “(B) of the number specified under subparagraph (A) for each of the respective bases of alleged discrimination— “(i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal employment Opportunity Commission, and “(ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal employment Opportunity Commission. “(9) Of the total number of final agency actions rendered in such fiscal year involving a finding of discrimination— “(A) the number and percentage involving a finding of discrimination in connection with each of the respective issues of alleged discrimination, and “(B) of the number specified under subparagraph (A) for each of the respective issues of alleged discrimination— “(i) the number and percentage that were rendered without a hearing before an administrative judge of the Equal employment Opportunity Commission, and “(ii) the number and percentage that were rendered after a hearing before an administrative judge of the Equal employment Opportunity Commission. “(10)(A) Of the total number of complaints pending in such fiscal year (as described in the parenthetical matter in paragraph (6)), the number that were first filed before the start of the then current fiscal year. “(B) With respect to those pending complaints that were first filed before the start of the then current fiscal year— “(i) the number of individuals who filed those complaints, and “(ii) the number of those complaints which are at the various steps of the complaint process. “(C) Of the total number of complaints pending in such fiscal year (as described in the parenthetical matter in paragraph (6)), the total number of complaints with respect to which the agency violated the requirements of section 1614.106(e)(2) of title of the Code of Federal Regulations (as in effect on July 1, 2000, and amended from time to time) by failing to conduct within 180 days of the filing of such complaints an impartial and appropriate investigation of such complaints. “(c) Timing and Other Requirements.— “(1) Current year data.—Data posted under this section for the then current fiscal year shall include both— “(A) interim year-to-date data, updated quarterly, and “(B) final year-end data. “(2) Data for prior years.—The data posted by a Federal agency under this section for a fiscal year (both interim and final) shall include, for each item under subsection (b), such agency’s corresponding year-end data for each of the 5 immediately preceding fiscal years (or, if not available for all 5 fiscal years, for however many of those 5 fiscal years for which data are available). “SEC. . DATA TO BE POSTED BY THE EQUAL employment OPPORTUNITY COMMISSION.5800 “(a) In General.—The Equal employment Opportunity Commission shall post on its public Web site, in the time, form, and manner prescribed under section for purposes of this section, summary statistical data relating to— “(1) hearings requested before an administrative judge of the Commission on complaints described in section , and “(2) appeals filed with the Commission from final agency actions on complaints described in section . “(b) Specific Requirements.—The data posted under this section shall, with respect to the hearings and appeals described in subsection (a), include summary statistical data corresponding to that described in paragraphs (1) through (10) of section , and shall be subject to the same timing and other requirements as set forth in section . “(c) Coordination.—The data required under this section shall be in addition to the data the Commission is required to post under section as an employing Federal agency. “SEC. . RULES.5800 “The Equal employment Opportunity Commission shall issue any rules necessary to carry out this title.” [For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section of Title , Aliens and Nationality.] [For transfer of authorities, functions, personnel, and assets of the Bureau of Alcohol, Tobacco and Firearms, including the related functions of the Secretary of the Treasury, to the Department of Justice, see section of Title , Domestic Security.] [Memorandum of President of the United States, July 8, 2003, F.R. , delegated to Director of Office of Personnel Management authority of President under section 204(a) of Public Law 107–174, set out above.] Section Referred to in Other Sections This section is referred to in sections 2302, , , , , , of this title; title section ; title sections , ; title section ; title section ; title section ; title section 2701. § 2302 . Prohibited personnel practices (a)(1) For the purpose of this title, “prohibited personnel practice” means any action described in subsection (b). (2) For the purpose of this section— (A) “personnel action” means— (i) an appointment; (ii) a promotion; (iii) an action under chapter of this title or other disciplinary or corrective action; (iv) a detail, transfer, or reassignment; (v) a reinstatement; (vi) a restoration; (vii) a reemployment; (viii) a performance evaluation under chapter of this title; (ix) a decision concerning pay, benefits, or awards, concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph; (x) a decision to order psychiatric testing or examination; and (xi) any other significant change in duties, responsibilities, or working conditions; with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section of title ; (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 policy-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) “agency” means an Executive agency and the Government Printing Office, but does not include— (i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8); (ii) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or (iii) the General Accounting Office. (b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority— (1) discriminate for or against any employee or applicant for employment— (A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 ( U.S.C. ); (B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in employment Act of 1967 ( U.S.C. , ); (C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 ( U.S.C. ); (D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 ( U.S.C. ); or (E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation; (2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of— (A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or (B) an evaluation of the character, loyalty, or suitability of such individual; (3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity; (4) deceive or willfully obstruct any person with respect to such person’s right to compete for employment; (5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment; (6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment; (7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in section of this title) of such employee if such position is in the agency in which such employee is serving as a public official (as defined in section of this title) or over which such employee exercises jurisdiction or control as such an official; (8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of— (A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences— (i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or (B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences— (i) a violation of any law, rule, or regulation, or (ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; (9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of— (A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation; (B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A); (C) cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel, in accordance with applicable provisions of law; or (D) for refusing to obey an order that would require the individual to violate a law; (10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States; (11)(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans’ preference requirement; or (B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans’ preference requirement; or (12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in section of this title. This subsection shall not be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress. (c) The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, 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 of this title. Any individual to whom the head of an agency delegates authority for personnel management, or for any aspect thereof, shall be similarly responsible within the limits of the delegation. (d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under— (1) section 717 of the Civil Rights Act of 1964 ( U.S.C. ), prohibiting discrimination on the basis of race, color, religion, sex, or national origin; (2) sections 12 and 15 of the Age Discrimination in employment Act of 1967 ( U.S.C. , ), prohibiting discrimination on the basis of age; (3) under section 6(d) of the Fair Labor Standards Act of 1938 ( U.S.C. ), prohibiting discrimination on the basis of sex; (4) section 501 of the Rehabilitation Act of 1973 ( U.S.C. ), prohibiting discrimination on the basis of handicapping condition; or (5) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation. (e)(1) For the purpose of this section, the term “veterans’ preference requirement” means any of the following provisions of law: (A) Sections , , , , , , , , , , , , , , , , , , , and and (with respect to a preference eligible referred to in section ) subchapter II of chapter 75 and section . (B) Sections and of title . (C) Section 1308(b) of the Alaska National Interest Lands Conservation Act. (D) Section 301(c) of the Foreign Service Act of 1980. (E) Sections , , and   of title .  See References in Text note below. (F) Section of title . (G) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans’ preference requirement for the purposes of this subsection. (H) Any regulation prescribed under subsection (b) or (c) of section and any other regulation that implements a provision of law referred to in any of the preceding subparagraphs. (2) Notwithstanding any other provision of this title, no authority to order corrective action shall be available in connection with a prohibited personnel practice described in subsection (b)(11). Nothing in this paragraph shall be considered to affect any authority under section (relating to disciplinary action). (Added , title I, § 101(a), Oct. 13, 1978, ; amended , § 4, Apr. 10, 1989, ; , § 5(d), Oct. 30, 1990, ; , § 2(5), Oct. 2, 1992, ; , § 8(c), Oct. 6, 1993, ; , title V, § 501(c), Oct. 14, 1994, ; , § 5, Oct. 29, 1994, ; , title III, § 315(b)(2), Sept. 16, 1996, , , div. A, title XI, § 1122(a)(1), title XVI, § 1615(b), Sept. 23, 1996, , 2741; , § 6(a), (b), (c)(2), Oct. 31, 1998, , 3188; , div. A, title IX, § 921(g), Nov. 24, 2003, .) References in Text The civil service laws, referred to in subsec. (c), are set out in this title. See, particularly, section et seq. of this title. Section 1308(b) of the Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(C), is classified to section of Title , Conservation. Section 301(c) of the Foreign Service Act of 1980, referred to in subsec. (e)(1)(D), is classified to section of Title , Foreign Relations and Intercourse. Section of title , referred to in subsec. (e)(1)(E), was enacted subsequent to the enactment of subsec. (e) of this section. Section of title , referred to in subsec. (e)(1)(E), was redesignated section of title by , title III, § 304(b)(3), Dec. 6, 2003, . Amendments 2003—Subsec. (a)(2)(C)(ii). substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”. 1998—Subsec. (a)(1). , § 6(c)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For purposes of this title, ‘prohibited personnel practice’ means the following: “(A) Any action described in subsection (b) of this section. “(B) Any action or failure to act that is designated as a prohibited personnel action under section of title .” Subsec. (b)(10) to (12). , § 6(a), struck out “or” at end of par. (10), added par. (11), and redesignated former par. (11) as (12). Subsec. (e). , § 6(b), added subsec. (e). 1996—Subsec. (a)(1). , § 1615(b), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “For the purpose of this title, ‘prohibited personnel practice’ means any action described in subsection (b) of this section.” Subsec. (a)(2)(C)(ii). , § 1122(a)(1), substituted “National Imagery and Mapping Agency” for “Central Imagery Office”. Subsec. (b)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action except as provided under section ;”. 1994—Subsec. (a)(2)(A). , § 5(a)(3), in concluding provisions, inserted before semicolon “, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in section of title ”. Subsec. (a)(2)(A)(x), (xi). , § 5(a)(1), (2), added cls. (x) and (xi) and struck out former cl. (x) which read as follows: “any other significant change in duties or responsibilities which is inconsistent with the employee’s salary or grade level;”. Subsec. (a)(2)(B). , § 5(b), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “ ‘covered position’ means 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— “(i) a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or “(ii) any position 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.” Subsec. (a)(2)(C)(i). , § 5(c), inserted before semicolon “, except in the case of an alleged prohibited personnel practice described under subsection (b)(8)”. Subsec. (a)(2)(C)(ii). inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”. Subsec. (c). , § 5(d), inserted before period at end of first sentence “, 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 of this title”. 1993—Subsec. (b)(2). amended par. (2) generally. Prior to amendment, par. (2) read as follows: “solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of— “(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or “(B) an evaluation of the character, loyalty, or suitability of such individual;”. 1992—Subsec. (b)(8)(B). substituted “Special Counsel” for “Special Counsel of the Merit Systems Protection Board”. 1990—Subsec. (a)(2)(C). struck out “, the Administrative Office of the United States Courts,” after “means an Executive agency”. 1989—Subsec. (b)(8). , § 4(a), in introductory provision inserted “, or threaten to take or fail to take,” after “fail to” and substituted “because of” for “as a reprisal for”, in subpar. (A) substituted “any disclosure” for “a disclosure”, in subpar. (A)(ii) inserted “gross” before “mismanagement”, in subpar. (B) substituted “any disclosure” for “a disclosure”, and in subpar. (B)(ii) inserted “gross” before “mismanagement”. Subsec. (b)(9). , § 4(b), amended par. (9) generally. Prior to amendment, par. (9) read as follows: “take or fail to take any personnel action against any employee or applicant for employment as a reprisal for the exercise of any appeal right granted by any law, rule, or regulation;”. Effective Date of 1996 Amendments Amendment by section 1122(a)(1) of effective Oct. 1, 1996, see section 1124 of , set out as a note under section of Title , Armed Forces. Section 315(c) of provided that: “This section [amending this section and section of this title] shall take effect 30 days after the date of the enactment of this Act [Sept. 16, 1996].” Effective Date of 1993 Amendment; Savings Provision Amendment by effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of sustaining any proper proceeding or action for enforcement of that penalty, forfeiture, or liability, and no provision of to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if had not been enacted, see section 12 of , set out as an Effective Date; Savings Provision note under section of this title. Effective Date of 1989 Amendment Amendment by effective 90 days following Apr. 10, 1989, see section 11 of , set out as a note under section of this title. Savings Provision , § 6(d), Oct. 31, 1998, , provided that: “This section [amending this section and repealing section of Title , Armed Forces] shall be treated as if it had never been enacted for purposes of any personnel action (within the meaning of section 2302 of title , United States Code) preceding the date of enactment of this Act [Oct. 31, 1998].” Section Referred to in Other Sections This section is referred to in sections , , , , , , 2303, , , , , , , , , , of this title; title section ; title sections , ; title sections , ; title section ; title sections , , , , ; title section ; title sections , , ; title section ; title section . § 2303 . Prohibited personnel practices in the Federal Bureau of Investigation (a) Any employee of the Federal Bureau of Investigation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of the Bureau as a reprisal for a disclosure of information by the employee to the Attorney General (or an employee designated by the Attorney General for such purpose) which the employee or applicant reasonably believes evidences— (1) a violation of any law, rule, or regulation, or (2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety. For the purpose of this subsection, “personnel action” means any action described in clauses (i) through (x) of section 2302 (a)(2)(A) of this title with respect to an employee in, or applicant for, a position in the Bureau (other than a position of a confidential, policy-determining, policymaking, or policy-advocating character). (b) The Attorney General shall prescribe regulations to ensure that such a personnel action shall not be taken against an employee of the Bureau as a reprisal for any disclosure of information described in subsection (a) of this section. (c) The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of sections and of this title. (Added , title I, § 101(a), Oct. 13, 1978, ; amended , § 9(a)(1), Apr. 10, 1989, .) Amendments 1989—Subsec. (c). substituted “applicable provisions of sections and ” for “the provisions of section ”. Effective Date of 1989 Amendment Amendment by effective 90 days following Apr. 10, 1989, see section 11 of , set out as a note under section of this title. Delegation of Responsibilities Concerning FBI employees Under the Civil Service Reform Act of 1978 Memorandum of President of the United States, Apr. 14, 1997, F.R. , provided: Memorandum for the Attorney General By the authority vested in me by the Constitution and laws of the United States of America, including section of title , United States Code, I hereby delegate to the Attorney General the functions concerning employees of the Federal Bureau of Investigation vested in the President by section 101(a) of the Civil Service Reform Act of 1978 (Public Law 95–454), as amended by the Whistleblower Protection Act of 1989 (Public Law 101–12), and codified at section 2303 (c) of title , United States Code, and direct the Attorney General to establish appropriate processes within the Department of Justice to carry out these functions. Not later than March 1 of each year, the Attorney General shall provide a report to the President stating the number of allegations of reprisal received during the preceding calendar year, the disposition of each allegation resolved during the preceding calendar year, and the number of unresolved allegations pending as of the end of the calendar year. All of the functions vested in the President by section 2303 (c) of title , United States Code, and delegated to the Attorney General, may be redelegated, as appropriate, provided that such functions may not be redelegated to the Federal Bureau of Investigation. You are authorized and directed to publish this memorandum in the Federal Register. William J. Clinton. § 2304 . Responsibility of the General Accounting Office If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the General Accounting Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management. (Added , title I, § 101(a), Oct. 13, 1978, ; amended , § 2(6), Oct. 2, 1992, ; , title II, § 2181(e), Dec. 21, 1995, .) Amendments 1995— struck out subsec. (a) designation before “If requested by” and struck out subsec. (b) which read as follows: “The General Accounting Office shall prepare and submit an annual report to the President and the Congress on the activities of the Merit Systems Protection Board and the Office of Personnel Management. The report shall include a description of— “(1) significant actions taken by the Board to carry out its functions under this title; and “(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit system principles and free from prohibited personnel practices.” 1992—Subsec. (b). substituted “The” for “the” at beginning of first sentence. § 2305 . Coordination with certain other provisions of law No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (; U.S.C. ), the Central Intelligence Agency Act of 1949 (; U.S.C. and following), the Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes”, approved May 29, 1959 (; U.S.C. ), and the Act entitled “An Act to amend the Internal Security Act of 1950”, approved March 26, 1964 (; U.S.C. 831–835). (Added , title I, § 101(a), Oct. 13, 1978, .) References in Text The Central Intelligence Agency Act of 1949 (; U.S.C. and following), referred to in text, is act June 20, 1949, ch. 227, , as amended, which is classified generally to section 403a et seq. of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section of Title and Tables. The Act entitled “An Act to provide certain administrative authorities for the National Security Agency, and for other purposes”, approved May 29, 1959 (; U.S.C. ), referred to in text, is , May 29, 1959, , as amended, and is set out as a note under section of Title . For complete classification of this Act to the Code, see Tables. The Act entitled “An Act to amend the Internal Security Act of 1950”, approved March 26, 1964 (; U.S.C. 831–835), referred to in text, is act Sept. 23, 1950, ch. 1024, title III, as added Mar. 26, 1964, , , which is classified principally to subchapter III (§ 831 et seq.) of chapter of Title . For complete classification of this Act to the Code, see Tables.

Footnotes
 See References in Text note below.

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