
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC2303]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart A--General Provisions
 
                   CHAPTER 23--MERIT SYSTEM PRINCIPLES
 
Sec. 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 1214 and 
1221 of this title.

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92 Stat. 
1117; amended Pub. L. 101-12, Sec. 9(a)(1), Apr. 10, 1989, 103 Stat. 
34.)


                               Amendments

    1989--Subsec. (c). Pub. L. 101-12 substituted ``applicable 
provisions of sections 1214 and 1221'' for ``the provisions of section 
1206''.


                    Effective Date of 1989 Amendment

    Amendment by Pub. L. 101-12 effective 90 days following Apr. 10, 
1989, see section 11 of Pub. L. 101-12, set out as a note under section 
1201 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, 62 F.R. 
23123, 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 301 of title 3, 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 5, 
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 5, 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.
