-CITE-

5 USC CHAPTER 23 - MERIT SYSTEM PRINCIPLES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

.

-HEAD-

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-MISC1-

Sec.

2301. Merit system principles.

2302. Prohibited personnel practices.

2303. Prohibited personnel practices in the Federal Bureau of

Investigation.

2304. Responsibility of the General Accounting Office.

2305. Coordination with certain other provisions of law.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1222, 4703, 9501 of this

title; title 6 section 344.

-CITE-

5 USC Sec. 2301 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-HEAD-

Sec. 2301. Merit system principles

-STATUTE-

(a) This section shall apply to -

(1) an Executive agency; and

(2) the Government Printing Office.

(b) Federal personnel management should be implemented consistent

with the following merit system principles:

(1) Recruitment should be from qualified individuals from

appropriate sources in an endeavor to achieve a work force from

all segments of society, and selection and advancement should be

determined solely on the basis of relative ability, knowledge,

and skills, after fair and open competition which assures that

all receive equal opportunity.

(2) All employees and applicants for employment should receive

fair and equitable treatment in all aspects of personnel

management without regard to political affiliation, race, color,

religion, national origin, sex, marital status, age, or

handicapping condition, and with proper regard for their privacy

and constitutional rights.

(3) Equal pay should be provided for work of equal value, with

appropriate consideration of both national and local rates paid

by employers in the private sector, and appropriate incentives

and recognition should be provided for excellence in performance.

(4) All employees should maintain high standards of integrity,

conduct, and concern for the public interest.

(5) The Federal work force should be used efficiently and

effectively.

(6) Employees should be retained on the basis of the adequacy

of their performance, inadequate performance should be corrected,

and employees should be separated who cannot or will not improve

their performance to meet required standards.

(7) Employees should be provided effective education and

training in cases in which such education and training would

result in better organizational and individual performance.

(8) Employees should be -

(A) protected against arbitrary action, personal favoritism,

or coercion for partisan political purposes, and

(B) prohibited from using their official authority or

influence for the purpose of interfering with or affecting the

result of an election or a nomination for election.

(9) Employees should be protected against reprisal for the

lawful disclosure of information which the employees reasonably

believe evidences -

(A) a violation of any law, rule, or regulation, or

(B) mismanagement, a gross waste of funds, an abuse of

authority, or a substantial and specific danger to public

health or safety.

(c) In administering the provisions of this chapter -

(1) with respect to any agency (as defined in section

2302(a)(2)(C) of this title), the President shall, pursuant to

the authority otherwise available under this title, take any

action, including the issuance of rules, regulations, or

directives; and

(2) with respect to any entity in the executive branch which is

not such an agency or part of such an agency, the head of such

entity shall, pursuant to authority otherwise available, take any

action, including the issuance of rules, regulations, or

directives;

which is consistent with the provisions of this title and which the

President or the head, as the case may be, determines is necessary

to ensure that personnel management is based on and embodies the

merit system principles.

-SOURCE-

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92

Stat. 1113; amended Pub. L. 101-474, Sec. 5(c), Oct. 30, 1990, 104

Stat. 1099.)

-MISC1-

AMENDMENTS

1990 - Subsec. (a). Pub. L. 101-474 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

Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note

under section 1101 of this title.

NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION AND

RETALIATION

Pub. L. 107-174, May 15, 2002, 116 Stat. 566, provided that:

''SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

''(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. 101. FINDINGS.

''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. 102. SENSE OF CONGRESS.

''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. 103. DEFINITIONS.

''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 303;

''(3) the term 'Federal agency' means an Executive agency (as

defined in section 105 of title 5, 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 303.

''SEC. 104. EFFECTIVE DATE.

''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.

''(a) Applicability. - This section applies with respect to any

payment made in accordance with section 2414, 2517, 2672, or 2677

of title 28, United States Code, and under section 1304 of title

31, 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 1304 of title 31, 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 5, 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 5, United States Code.

''SEC. 202. NOTIFICATION REQUIREMENT.

''(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.

''(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 301(c)(1)(B)

for such fiscal year (without regard to section 301(c)(2));

''(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 29 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.

''(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.

''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.

''(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 (41 U.S.C. 612) 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 2414, 2517, 2672, or 2677 of

title 28, United States Code, and under section 1304 of title

31, 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 2414, 2517,

2672, or 2677 of title 28, United States Code, and under section

1304 of title 31, United States Code, as a result of -

''(A) this Act; and

''(B) the Contracts Dispute Act of 1978 (41 U.S.C. 601 note

(41 U.S.C. 601 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. 301. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

''(a) In General. - Each Federal agency shall post on its public

Web site, in the time, form, and manner prescribed under section

303 (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 29

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. 302. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY

COMMISSION.

''(a) In General. - The Equal Employment Opportunity Commission

shall post on its public Web site, in the time, form, and manner

prescribed under section 303 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 301, and

''(2) appeals filed with the Commission from final agency

actions on complaints described in section 301.

''(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 301(b),

and shall be subject to the same timing and other requirements as

set forth in section 301(c).

''(c) Coordination. - The data required under this section shall

be in addition to the data the Commission is required to post under

section 301 as an employing Federal agency.

''SEC. 303. RULES.

''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 1551 of Title 8, 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 531(c) of Title 6, Domestic Security.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2302, 4107, 4313, 5379,

9701 of this title; title 6 section 461; title 10 sections 1612,

1722; title 22 section 3902; title 31 section 732; title 41 section

433.

-CITE-

5 USC Sec. 2302 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-HEAD-

Sec. 2302. Prohibited personnel practices

-STATUTE-

(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 75 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 43 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 9101 of title 31;

(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 Imagery and Mapping 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 (42 U.S.C. 2000e-16);

(B) on the basis of age, as prohibited under sections 12 and

15 of the Age Discrimination in Employment Act of 1967 (29

U.S.C. 631, 633a);

(C) on the basis of sex, as prohibited under section 6(d) of

the Fair Labor Standards Act of 1938 (29 U.S.C. 206(d));

(D) on the basis of handicapping condition, as prohibited

under section 501 of the Rehabilitation Act of 1973 (29 U.S.C.

791); 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 3110(a)(3) 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 3110(a)(2) 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 2301 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 12 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 (42 U.S.C.

2000e-16), 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 (29 U.S.C. 631, 633a), prohibiting discrimination on

the basis of age;

(3) under section 6(d) of the Fair Labor Standards Act of 1938

(29 U.S.C. 206(d)), prohibiting discrimination on the basis of

sex;

(4) section 501 of the Rehabilitation Act of 1973 (29 U.S.C.

791), 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 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314,

3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b),

3504, and 4303(e) and (with respect to a preference eligible

referred to in section 7511(a)(1)(B)) subchapter II of chapter 75

and section 7701.

(B) Sections 943(c)(2) and 1784(c) of title 10.

(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 106(f), (FOOTNOTE 1) 7281(e), and 7802(5) of title

38.

(FOOTNOTE 1) See References in Text note below.

(F) Section 1005(a) of title 39.

(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 1302 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 1215 (relating to

disciplinary action).

-SOURCE-

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92

Stat. 1114; amended Pub. L. 101-12, Sec. 4, Apr. 10, 1989, 103

Stat. 32; Pub. L. 101-474, Sec. 5(d), Oct. 30, 1990, 104 Stat.

1099; Pub. L. 102-378, Sec. 2(5), Oct. 2, 1992, 106 Stat. 1346;

Pub. L. 103-94, Sec. 8(c), Oct. 6, 1993, 107 Stat. 1007; Pub. L.

103-359, title V, Sec. 501(c), Oct. 14, 1994, 108 Stat. 3429; Pub.

L. 103-424, Sec. 5, Oct. 29, 1994, 108 Stat. 4363; Pub. L. 104-197,

title III, Sec. 315(b)(2), Sept. 16, 1996, 110 Stat. 2416, Pub. L.

104-201, div. A, title XI, Sec. 1122(a)(1), title XVI, Sec.

1615(b), Sept. 23, 1996, 110 Stat. 2687, 2741; Pub. L. 105-339,

Sec. 6(a), (b), (c)(2), Oct. 31, 1998, 112 Stat. 3187, 3188.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (c), are set out

in this title. See, particularly, section 3301 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 3198(b) of Title 16, Conservation.

Section 301(c) of the Foreign Service Act of 1980, referred to in

subsec. (e)(1)(D), is classified to section 3941(c) of Title 22,

Foreign Relations and Intercourse.

Section 106(f) of title 38, referred to in subsec. (e)(1)(E), was

enacted subsequent to the enactment of subsec. (e) of this section.

-MISC2-

AMENDMENTS

1998 - Subsec. (a)(1). Pub. L. 105-339, Sec. 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 1599c(a) of title 10.''

Subsec. (b)(10) to (12). Pub. L. 105-339, Sec. 6(a), struck out

''or'' at end of par. (10), added par. (11), and redesignated

former par. (11) as (12).

Subsec. (e). Pub. L. 105-339, Sec. 6(b), added subsec. (e).

1996 - Subsec. (a)(1). Pub. L. 104-201, Sec. 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). Pub. L. 104-201, Sec. 1122(a)(1),

substituted ''National Imagery and Mapping Agency'' for ''Central

Imagery Office''.

Subsec. (b)(2). Pub. L. 104-197 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 3303(f);''.

1994 - Subsec. (a)(2)(A). Pub. L. 103-424, Sec. 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 9101 of title 31''.

Subsec. (a)(2)(A)(x), (xi). Pub. L. 103-424, Sec. 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). Pub. L. 103-424, Sec. 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). Pub. L. 103-424, Sec. 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). Pub. L. 103-359 inserted ''the Central

Imagery Office,'' after ''Defense Intelligence Agency,''.

Subsec. (c). Pub. L. 103-424, Sec. 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 12 of this title''.

1993 - Subsec. (b)(2). Pub. L. 103-94 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). Pub. L. 102-378 substituted ''Special

Counsel'' for ''Special Counsel of the Merit Systems Protection

Board''.

1990 - Subsec. (a)(2)(C). Pub. L. 101-474 struck out '', the

Administrative Office of the United States Courts,'' after ''means

an Executive agency''.

1989 - Subsec. (b)(8). Pub. L. 101-12, Sec. 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). Pub. L. 101-12, Sec. 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 Pub. L. 104-201 effective Oct.

1, 1996, see section 1124 of Pub. L. 104-201, set out as a note

under section 193 of Title 10, Armed Forces.

Section 315(c) of Pub. L. 104-197 provided that: ''This section

(amending this section and section 3303 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 Pub. L. 103-94 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 Pub. L. 103-94 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 Pub. L. 103-94 had

not been enacted, see section 12 of Pub. L. 103-94, set out as an

Effective Date; Savings Provision note under section 7321 of this

title.

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.

SAVINGS PROVISION

Pub. L. 105-339, Sec. 6(d), Oct. 31, 1998, 112 Stat. 3188,

provided that: ''This section (amending this section and repealing

section 1599c of Title 10, 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 5, United States Code)

preceding the date of enactment of this Act (Oct. 31, 1998).''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1204, 1212, 1214, 1221,

2105, 2301, 2303, 3352, 4505a, 4703, 5754, 5755, 7116, 7121, 7701,

9701 of this title; title 2 section 1371; title 6 sections 344,

463; title 7 sections 6932, 6962; title 10 section 1612; title 22

sections 3657, 3664, 3673, 3905, 4115; title 31 section 732; title

38 sections 4303, 4315, 4331; title 49 section 40122; title 50

section 403q.

-CITE-

5 USC Sec. 2303 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-HEAD-

Sec. 2303. Prohibited personnel practices in the Federal Bureau of

Investigation

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

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.

-EXEC-

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.

-CITE-

5 USC Sec. 2304 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-HEAD-

Sec. 2304. Responsibility of the General Accounting Office

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92

Stat. 1118; amended Pub. L. 102-378, Sec. 2(6), Oct. 2, 1992, 106

Stat. 1346; Pub. L. 104-66, title II, Sec. 2181(e), Dec. 21, 1995,

109 Stat. 732.)

-MISC1-

AMENDMENTS

1995 - Pub. L. 104-66 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). Pub. L. 102-378 substituted ''The'' for

''the'' at beginning of first sentence.

-CITE-

5 USC Sec. 2305 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart A - General Provisions

CHAPTER 23 - MERIT SYSTEM PRINCIPLES

-HEAD-

Sec. 2305. Coordination with certain other provisions of law

-STATUTE-

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 (61

Stat. 495; 50 U.S.C. 403), the Central Intelligence Agency Act of

1949 (63 Stat. 208; 50 U.S.C. 403a 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 (73 Stat. 63; 50 U.S.C. 402 note), and the Act entitled

''An Act to amend the Internal Security Act of 1950'', approved

March 26, 1964 (78 Stat. 168; 50 U.S.C. 831-835).

-SOURCE-

(Added Pub. L. 95-454, title I, Sec. 101(a), Oct. 13, 1978, 92

Stat. 1118.)

-REFTEXT-

REFERENCES IN TEXT

The Central Intelligence Agency Act of 1949 (63 Stat. 208; 50

U.S.C. 403a and following), referred to in text, is act June 20,

1949, ch. 227, 63 Stat. 208, 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 403a of Title 50 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 (73 Stat. 63; 50 U.S.C. 402

note), referred to in text, is Pub. L. 86-36, May 29, 1959, 73

Stat. 63, as amended, and is set out as a note under section 402 of

Title 50. 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 (78 Stat. 168; 50 U.S.C. 831-835),

referred to in text, is act Sept. 23, 1950, ch. 1024, title III, as

added Mar. 26, 1964, Pub. L. 88-290, 78 Stat. 168, which is

classified principally to subchapter III (Sec. 831 et seq.) of

chapter 23 of Title 50. For complete classification of this Act to

the Code, see Tables.

-CITE-