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10 U.S.C. § 6242 — Whistleblower protection program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
**(b) Covered Individuals.—** For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
**(c) Protected Disclosures.—** For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
**(d) Persons and Entities to Which Disclosures May Be Made.—** A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as
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Stable record: federal_law:legal_authorities:record_usc_537dbd33a1c1786758e408da
Source file: Laws/federal/codes/united-states-code/title-10/section-6242-whistleblower-protection-program--01494d0784.md
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Source location: Title 10, Chapter 606, § 6242; chapter-606-personnel-matters.md
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**(a) Program Required.—** The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
**(b) Covered Individuals.—** For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
**(c) Protected Disclosures.—** For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
**(d) Persons and Entities to Which Disclosures May Be Made.—** A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as authorized to receive information of the type disclosed.
**(e) Official Capacity of Persons to Whom Information Is Disclosed.—** A member of, or an employee of Congress who is a staff member of, a committee of Congress specified in subsection (d) who receives a protected disclosure under this section does so in that member or employee’s official capacity as such a member or employee.
**(f) Assistance and Guidance.—** The Secretary, acting through the Inspector General of the Department of Energy, shall provide assistance and guidance to each covered individual who seeks to make a protected disclosure under this section. Such assistance and guidance shall include the following:
(1) Identifying the persons or entities under subsection (d) to which that disclosure may be made.
(2) Advising that individual regarding the steps to be taken to protect the security of the information to be disclosed.
(3) Taking appropriate actions to protect the identity of that individual throughout that disclosure.
(4) Taking appropriate actions to coordinate that disclosure with any other Federal agency or agencies that originated the information.
**(g) Regulations.—** The Secretary shall prescribe regulations to ensure the security of any information disclosed under this section.
**(h) Notification to Covered Individuals.—** The Secretary shall notify each covered individual of the following:
(1) The rights of that individual under this section.
(2) The assistance and guidance provided under this section.
(3) That the individual has a responsibility to obtain that assistance and guidance before seeking to make a protected disclosure.
**(i) Complaint by Covered Individuals.—** If a covered individual believes that that individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the individual may submit a complaint relating to such matter to the Director of the Office of Hearings and Appeals of the Department of Energy.
**(j) Investigation by Office of Hearings and Appeals.—**
(1) For each complaint submitted under subsection (i), the Director of the Office of Hearings and Appeals shall—
(A) determine whether or not the complaint is frivolous; and
(B) if the Director determines the complaint is not frivolous, conduct an investigation of the complaint.
(2) The Director shall submit a report on each investigation undertaken under paragraph (1)(B) to—
(A) the individual who submitted the complaint on which the investigation is based;
(B) the contractor concerned, if any; and
(C) the Secretary of Energy.
**(k) Remedial Action.—**
(1) Whenever the Secretary determines that a covered individual has been discharged, demoted, or otherwise discriminated against as a reprisal for making a protected disclosure under this section, the Secretary shall—
(A) in the case of a Department employee, take appropriate actions to abate the action; or
(B) in the case of a contractor employee, order the contractor concerned to take appropriate actions to abate the action.
(2)
(A) If a contractor fails to comply with an order issued under paragraph (1)(B), the Secretary may file an action for enforcement of the order in the appropriate United States district court.
(B) In any action brought under subparagraph (A), the court may grant appropriate relief, including injunctive relief and compensatory and exemplary damages.
**(l) Relationship to Other Laws.—** The protections provided by this section are independent of, and not subject to any limitations that may be provided in, the Whistleblower Protection Act of 1989 (Public Law 101–12; 103 Stat. 16) or any other law that may provide protection for disclosures of information by employees of the Department of Energy or of a contractor of the Department.
**(m) Annual Report.—**
(1) Not later than 30 days after the commencement of each fiscal year, the Director shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the investigations undertaken under subsection (j)(1)(B) during the preceding fiscal year, including a summary of the results of each such investigation.
(2) A report under paragraph (1) may not identify or otherwise provide any information about an individual submitting a complaint under this section without the consent of the individual.
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Federal law — U.S. Code and appendices · legal_authorities
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201
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Federal law — U.S. Code and appendices · legal_authorities
The President may award a Navy cross of appropriate design, with ribbons and appurtenances, to a person who, while serving in any capacity with the Navy or Marine Corps, distinguishes himself by extraordinary heroism not justifying the award of a medal of honor—
(1) while engaged in an action against an enemy of the United States;
(2) while engaged in military operations involving conflict with an opposing foreign force; or
(3) while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 8292
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2) If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), a grievant may either—
(A) file a grievance under this subchapter, or
(B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,
but not both.
(2) A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—
(A) files a grievance under this subchapter, or
(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4139
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—
(1) such employee is otherwise qualified for such position;
(2) such employee is eligible for appointment to such position; and
(3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
**(b)** An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
**(c)** If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
**(d)** An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
**(e)** The provisions
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3352
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Whoever knowingly purchases, attempts to purchase, solicits for purchase, mails, ships, imports, exports, produces blank certificates of receipt for, manufactures, sells, attempts to sell, advertises for sale, trades, barters, or exchanges for anything of value any decoration or medal authorized by Congress for the armed forces of the United States, or any of the service medals or badges awarded to the members of such forces, or the ribbon, button, or rosette of any such badge, decoration or medal, or any colorable imitation thereof, except when authorized under regulations made pursuant to law, shall be fined under this title or imprisoned not more than six months, or both.
**(b) Fraudulent Representations About Receipt of Military Decorations or Medals.—** Whoever, with intent to obtain money, property, or other tangible benefit, fraudulently holds oneself out to be a recipient of a decoration or medal described in subsection (c)(2) or (d) shall be fined under this title, imprisoned not more than one year, or both.
**(c) Enhanced Penalty for Offenses Involving Congressional Medal of Honor.—**
(1) **In general.—** — If a decoration or medal involved in an offense under subsection (a) is a Congressional Medal of Honor, in lieu of the punishment provided in that subsection, the offender shall be fined under this title, imprisoned not more than 1 year, or both.
(2) **Congressional medal of honor defined.—** — In this subsection, the term “Congressional Medal of Honor” means—
(A) a medal of honor awarded under section 7271, 8291, or 9271 of title 10 or section 491 11 See References in Text note below. of title 14;
(B) a duplicate medal of honor issued under section 7284, 8306, or 9284 of title 10 or section 504 1 of title 14; or
(C) a repl
Source: Supplied U.S. Code snapshot — release unconfirmed · 18 U.S.C. § 704
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 106–65, div. C, title XXXI, § 3164, Oct. 5, 1999, 113 Stat. 946, which related to the whistleblower protection program, was renumbered section 4602 of Pub. L. 107–314 by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(3)(A)–(C), Nov. 24, 2003, 117 Stat. 1776, and was formerly classified to [section 2702 of Title 50](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section2702&num=0&edition=prelim), War and National Defense. See [section 6242 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6242&num=0&edition=prelim), Armed Forces.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7251
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 2701, Pub. L. 107–314, div. D, title XLVI, § 4601, formerly Pub. L. 103–337, div. C, title XXXI, § 3161, Oct. 5, 1994, 108 Stat. 3095; Pub. L. 105–85, div. C, title XXXI, § 3139, Nov. 18, 1997, 111 Stat. 2040; Pub. L. 105–261, div. C, title XXXI, §§ 3152, 3155, Oct. 17, 1998, 112 Stat. 2253, 2257; Pub. L. 106–398, § 1 [div. C, title XXXI, § 3191], Oct. 30, 2000, 114 Stat. 1654, 1654A–480; Pub. L. 107–314, div. C, title XXXI, § 3174, Dec. 2, 2002, 116 Stat. 2745; renumbered Pub. L. 107–314, div. D, title XLVI, § 4601, by Pub. L. 108–136, div. C, title XXXI, § 3141(i)(2), Nov. 24, 2003, 117 Stat. 1776; Pub. L. 108–375, div. C, title XXXI, § 3112, Oct. 28, 2004, 118 Stat. 2160; Pub. L. 109–364, div. C, title XXXI, § 3115, Oct. 17, 2006, 120 Stat. 2506; Pub. L. 111–32, title IV, § 402, June 24, 2009, 123 Stat. 1877; Pub. L. 111–84, div. C, title XXXI, § 3119, Oct. 28, 2009, 123 Stat. 2709; Pub. L. 111–383, div. C, title XXXI, § 3117, Jan. 7, 2011, 124 Stat. 4513; Pub. L. 113–66, div. C, title XXXI, § 3146(g)(1), Dec. 26, 2013, 127 Stat. 1079; Pub. L. 114–328, div. C, title XXXI, § 3136(b), Dec. 23, 2016, 130 Stat. 2771; Pub. L. 116–283, div. C, title XXXI, § 3141, Jan. 1, 2021, 134 Stat. 4386; Pub. L. 117–81, div. C, title XXXI, § 3117, Dec. 27, 2021, 135 Stat. 2227, authorized the appointment of certain scientific, engineering, and technical personnel in the Department of Energy. See [section 6241 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section6241&num=0&edition=prelim), Armed Forces.
Section 2702, Pub. L. 107–314, div. D, title XLVI, § 4602, formerly Pub. L. 106–65, div. C, title XXXI, § 3164, Oct. 5, 1999, 113 Stat. 946; renumbered Pub. L. 107–314, div. D, title XLVI, § 4602, and amended Pub. L. 108–
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 2703
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