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5 U.S.C. § 2303 — Prohibited personnel practices in the Federal Bureau of Investigation
Federal law — U.S. Code and appendices · legal_authorities
**(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 an employee in, or applicant for, a position in the Bureau as a reprisal for a disclosure of information—
(1) made—
(A) in the case of an employee, to a supervisor in the direct chain of command of the employee, up to and including the head of the employing agency;
(B) to the Inspector General;
(C) to the Office of Professional Responsibility of the Department of Justice;
(D) to the Office of Professional Responsibility of the Federal Bureau of Investigation;
(E) to the Inspection Division of the Federal Bureau of Investigation;
(F) as described in section 7211;
(G) to the Office of Special Counsel; or
(H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and
(2) which the employee or applicant reasonably believes evidences—
(A) any violation of any law, rule, or regulation; or
(B) gross 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/A&num=0&edition=prelim) 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
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Source file: Laws/federal/codes/united-states-code/title-5/section-2303-prohibited-personnel-practices-in-the-federal-bureau-of-investigation--f5c1086714.md
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Source location: Title 5, Chapter 23, § 2303; chapter-023-merit-system-principles.md
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**(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 an employee in, or applicant for, a position in the Bureau as a reprisal for a disclosure of information—
(1) made—
(A) in the case of an employee, to a supervisor in the direct chain of command of the employee, up to and including the head of the employing agency;
(B) to the Inspector General;
(C) to the Office of Professional Responsibility of the Department of Justice;
(D) to the Office of Professional Responsibility of the Federal Bureau of Investigation;
(E) to the Inspection Division of the Federal Bureau of Investigation;
(F) as described in section 7211;
(G) to the Office of Special Counsel; or
(H) to an employee designated by any officer, employee, office, or division described in subparagraphs (A) through (G) for the purpose of receiving such disclosures; and
(2) which the employee or applicant reasonably believes evidences—
(A) any violation of any law, rule, or regulation; or
(B) gross 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/A&num=0&edition=prelim) 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.
**(d)**
(1) An employee of the Federal Bureau of Investigation who makes an allegation of a reprisal under regulations promulgated under this section may appeal a final determination or corrective action order by the Bureau under those regulations to the Merit Systems Protection Board pursuant to section 1221.
(2) If no final determination or corrective action order has been made or issued for an allegation described in paragraph (1) before the expiration of the 180-day period beginning on the date on which the allegation is received by the Federal Bureau of Investigation, the employee described in that paragraph may seek corrective action directly from the Merit Systems Protection Board pursuant to section 1221.
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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.
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Federal law — U.S. Code and appendices · legal_authorities
The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.
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Federal law — U.S. Code and appendices · legal_authorities
The Executive departments are:
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) This chapter does not apply to—
(A) a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B) the Tennessee Valley Authority; or
(C) an individual (except a commissioned officer of the National Oceanic and Atmospheric Administration) who is a member of a uniformed service during a period in which he is entitled to pay under [section 204 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim).
(2) This chapter (except sections 4110 and 4111) does not apply to—
(A) the Foreign Service of the United States; or
(B) an individual appointed by the President, unless the individual is specifically designated by the President for training under this chapter.
**(b)** The President, at any time in the public interest, may—
(1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
(2) withdraw an exception made under this subsection.
However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
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Federal law — U.S. Code and appendices · legal_authorities
As used in this subchapter:
**(a)** “Foreign power” means—
(1) a foreign government or any component thereof, whether or not recognized by the United States;
(2) a faction of a foreign nation or nations, not substantially composed of United States persons;
(3) an entity that is openly acknowledged by a foreign government or governments to be directed and controlled by such foreign government or governments;
(4) a group engaged in international terrorism or activities in preparation therefor;
(5) a foreign-based political organization, not substantially composed of United States persons;
(6) an entity that is directed and controlled by a foreign government or governments; or
(7) an entity not substantially composed of United States persons that is engaged in the international proliferation of weapons of mass destruction.
**(b)** “Agent of a foreign power” means—
(1) any person other than a United States person, who—
(A) acts in the United States as an officer or employee of a foreign power, or as a member of a foreign power as defined in subsection (a)(4), irrespective of whether the person is inside the United States;
(B) acts for or on behalf of a foreign power which engages in clandestine intelligence activities in the United States contrary to the interests of the United States, when the circumstances indicate that such person may engage in such activities, or when such person knowingly aids or abets any person in the conduct of such activities or knowingly conspires with any person to engage in such activities;
(C) Omitted
(D) engages in the international proliferation of weapons of mass destruction, or activities in preparation therefor; or
(E) engages in the international proliferation of weapons of mass destruction, or activities in prepa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Agency** — The term “agency” means an executive department or independent establishment, as defined under sections 101 and 104 of title 5, that contains an intelligence community element, except the Federal Bureau of Investigation.
(2) **Covered intelligence community element** — The term “covered intelligence community element”—
(A) means—
(i) the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Office of the Director of National Intelligence, and the National Reconnaissance Office; and
(ii) any executive agency or unit thereof determined by the President under [section 2302(a)(2)(C)(ii) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2302/a/2/C/ii&num=0&edition=prelim) to have as its principal function the conduct of foreign intelligence or counterintelligence activities; and
(B) does not include the Federal Bureau of Investigation.
(3) **Personnel action** — The term “personnel action” means, with respect to an employee in a position in a covered intelligence community element (other than a position excepted from the competitive service due to its confidential, policy-determining, policymaking, or policy-advocating character) or a contractor employee—
(A) an appointment;
(B) a promotion;
(C) a disciplinary or corrective action;
(D) a detail, transfer, or reassignment;
(E) a demotion, suspension, or termination;
(F) a reinstatement or restoration;
(G) a performance evaluation;
(H) a decision concerning pay, benefits, or awards;
(I) a decision concerning education or training if such education or training may reasonably be expected to lead to an appoint
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Federal law — U.S. Code and appendices · legal_authorities
Page 322
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 2303
equal access to the basic rights and benefits their col-
leagues enjoy. This kind of systemic inequality under-
mines the health, well-being, and security not just of
our Federal workforce, but also of their families and
communities. That is why, last June, I directed the
heads of executive departments and agencies (agen-
cies), in consultation with the Office of Personnel Man-
agement (OPM), to conduct a thorough review of the
benefits they provide and to identify any that could be
extended to LGBT employees and their partners and
families. Although legislative action is necessary to
provide full equality to LGBT Federal employees, the
agencies have identified a number of benefits that can
be extended under existing law. OPM, in consultation
with the Department of Justice, has provided me with
a report recommending that all of the identified bene-
fits be extended.
Accordingly, I hereby direct the following:
SECTION 1. Immediate Actions To Extend Benefits. Agen-
cies should immediately take the following actions,
consistent with existing law, in order to extend bene-
fits to the same-sex domestic partners of Federal em-
ployees, and, where applicable, to the children of same-
sex domestic partners of Federal employees:
(a) The Director of OPM should take appropriate ac-
tion to:
(i) clarify that the children of employees’ same-sex
domestic partners fall within the definition of ‘‘child’’
for purposes of Federal child-care subsidies, and, where
appropriate, for child-care services;
(ii) clarify that, for purposes of employee assistance
programs, same-sex domestic partners and their chil-
dren qualify as ‘‘family members’’;
(iii) issue a proposed rule that would clarify that em-
ployees’
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