Page:United States Statutes at Large Volume 92 Part 1.djvu/1170

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1116

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5 USC 3110.

PUBLIC LAW 95-454—OCT. 13, 1978 "(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, ft^ •' 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; "(6) 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 a personnel action with respect to any employee or applicant for employment as a reprisal for— "(A) a 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 ^j "(ii) 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) a disclosure to the Special Counsel of the ]Merit Systems Protection Board, 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) 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 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;