5 U.S.C. 2302: Prohibited personnel practices

2021

• Pub. L. 116–283 substituted "agreement—" for "agreement", designated remainder of existing provisions as subpar. (A), inserted "or the Office of Special Counsel" after "Inspector General", and added subpar. (B). (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (b)

2019

• Pub. L. 116–92, §5721(1), added subpar. (C). (National Defense Authorization Act for Fiscal Year 2020) Law text · (b)
• Pub. L. 116–92, §5721(2), inserted "(including any committee of Congress with respect to information that is not classified or, if classified, has been classified by the head of an agency that is not an element of the intelligence community and does not reveal intellige… (National Defense Authorization Act for Fiscal Year 2020) Law text · (c)

2017

• Pub. L. 115–91, §1097(c)(1)(A), inserted "(or any other component responsible for internal investigation or review)" after "Inspector General". (National Defense Authorization Act for Fiscal Year 2018) Law text · (b)
• Pub. L. 115–40 struck out "for" after "(D)" and inserted ", rule, or regulation" after "a law". Law text · (b)
• Pub. L. 115–73, §103, added par. (14). Law text · (b)
• Pub. L. 115–91, §1097(b)(1)(B), added subsec. (c) and redesignated former subsecs. (c) to (e) as (d) to (f), respectively. (National Defense Authorization Act for Fiscal Year 2018) Law text · (c), (d), (e), (f)
• Pub. L. 115–73, §107(a)(1), redesignated subsecs. (d) to (f) as (c) to (e), respectively, and struck out former subsec. (c) which read as follows: "The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicabl… Law text · (c), (d), (e), (f)
• Pub. L. 115–91, §1097(c)(1)(B)(i), added subpar. (F) and redesignated former subpar. (F) as (G). (National Defense Authorization Act for Fiscal Year 2018) Law text · (f), (G)
• Pub. L. 115–91, §1097(c)(1)(B)(ii), added par. (2) and struck out former par. (2) which read as follows: "If a disclosure is made during the normal course of duties of an employee, the disclosure shall not be excluded from subsection (b)(8) if any employee who has authority to take,… (National Defense Authorization Act for Fiscal Year 2018) Law text · (f)

2015

• Pub. L. 114–113 inserted "or under title 38" after "chapter 43 of this title". (Consolidated Appropriations Act, 2016) Law text · (a)

2013

• Pub. L. 112–277 added cl. (ii) and struck out former cl. (ii) which read as follows: (Intelligence Authorization Act for Fiscal Year 2013) Law text · (a)

2012

• Pub. L. 112–199, §104(a), added cl. (xi) and redesignated former cl. (xi) as (xii). Law text · (a), (xii)
• Pub. L. 112–199, §101(b)(1)(B), inserted "or section 2302(b)(9)(A)(i), (B), (C), or (D)" after "(b)(8)". Law text · (a)
• Pub. L. 112–199, §105, added cl. (ii) and struck out former cl. (ii) which read as follows: "the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, and, … Law text · (a)
• Pub. L. 112–199, §102, added subpar. (D). Law text · (a)
• Pub. L. 112–199, §103, amended concluding provisions generally. Prior to amendment, concluding provisions read as follows: "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… Law text · (b)
• Pub. L. 112–199, §101(a)(1), substituted "any violation" for "a violation". Law text · (b)
• Pub. L. 112–199, §101(a)(2), substituted "any violation (other than a violation of this section)" for "a violation". Law text · (b)
• Pub. L. 112–199, §101(b)(2)(B)(i), added subpar. (A) and struck out former subpar. (A) read as follows: "the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;". Law text · (b)
• Pub. L. 112–199, §101(b)(2)(B)(ii), inserted "(i) or (ii)" after "subparagraph (A)". Law text · (b)
• Pub. L. 112–199, §104(b)(1), added par. (13). Law text · (b)
• Pub. L. 112–199, §112, inserted ", including how to make a lawful disclosure of information that is specifically required by law or Executive order to be kept classified in the interest of national defense or the conduct of foreign affairs to the Special Counsel, the Inspector General … Law text · (c)
• Pub. L. 112–199, §101(b)(2)(C), added subsec. (f). Law text · (f)

2008

• Pub. L. 110–417 substituted "National Geospatial-Intelligence Agency" for "National Imagery and Mapping Agency". (Duncan Hunter National Defense Authorization Act for Fiscal Year 2009) Law text · (a)

2004

• Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office". (GAO Human Capital Reform Act of 2004) Law text · (a)

1998

• Pub. L. 105–339, §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: Law text · (a)
• Pub. L. 105–339, §6(a), struck out "or" at end of par. (10), added par. (11), and redesignated former par. (11) as (12). Law text · (b)
• Pub. L. 105–339, §6(b), added subsec. (e). Law text · (e)

1996

• Pub. L. 104–201, §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." (National Defense Authorization Act for Fiscal Year 1997) Law text · (a)
• Pub. L. 104–201, §1122(a)(1), substituted "National Imagery and Mapping Agency" for "Central Imagery Office". (National Defense Authorization Act for Fiscal Year 1997) Law text · (a)
• 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 se… (Legislative Branch Appropriations Act, 1997) Law text · (b)

1994

• Pub. L. 103–424, §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… · (a)
• Pub. L. 103–424, §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;". · (a), (xi)
• Pub. L. 103–424, §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… · (a)
• Pub. L. 103–424, §5(c), inserted before semicolon ", except in the case of an alleged prohibited personnel practice described under subsection (b)(8)". · (a)
• Pub. L. 103–359 inserted "the Central Imagery Office," after "Defense Intelligence Agency,". · (a)
• Pub. L. 103–424, §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". · (c)

1993

• 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 o… · (b)

1992

• Pub. L. 102–378 substituted "Special Counsel" for "Special Counsel of the Merit Systems Protection Board". · (b)

1990

• Pub. L. 101–474 struck out ", the Administrative Office of the United States Courts," after "means an Executive agency". · (a)

1989

• Pub. L. 101–12, §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 "misman… · (b)
• Pub. L. 101–12, §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;". · (b)