5 U.S.C. § 2302

AUTHORIZATION OF PAYMENTS.

Read at: OLRCuscode.house.gov CornellLII GovInfogovinfo.gov JustiaTitle 5 CasesGoogle Scholar

“All payments authorized or required by this title to be paid from the Civil Service Retirement and Disability Fund, together with administrative expenses incurred by the Office in administering this title, shall be deemed to have been authorized to be paid from that Fund, which is appropriated for the payment thereof.

Notes of Decisions
Cited in 6,704 cases (5,141 in the last 5 years), 1979–2026 · leading case: John Edwards v. Dep't of Labor, 2022 MSPB 9 (MSPB 2022).
John Edwards v. Dep't of Labor, 2022 MSPB 9 (MSPB 2022). · cites it 34× “For the reasons set forth below, we DENY the petition for review and DISMISS the appeal for lack of jurisdiction, finding that the appellant did not make a protected disclosure under 5 U.S.C. § 2302 (b)(8), or engage in protected activity under 5 U.”
Anthony Salazar v. Dep't of Vets. Affairs, 2022 MSPB 42 (MSPB 2022). · cites it 36× “5 ANALYSIS The administrative judge erred by applying 5 U.S.C. § 2302 (f)(2) because the appellant’s principal job function was not to regularly investigate and disclose wrongdoing.”
Javier Soto v. Dep't of Vets. Affairs, 2022 MSPB 6 (MSPB 2022). · cites it 20× “The administrative judge further found that the appellant failed to prove that he participated in activity protected under 5 U.S.C. § 2302 (b)(9)(A)(i), because the grievances he had filed on his own behalf did not include allegations of whistleblowing reprisal under 5 U.”
Jessie McCray v. Dep't of the Army, 2023 MSPB 10 (MSPB 2023). · cites it 33× “We AFFIRM the initial decision as to the finding that the appellant failed to nonfrivolously allege that he engaged in protected activity under 5 U.S.C. § 2302 (b)(9)(A)(i). We MODIFY the initial decision as set forth in this Opinion and Order to find that the appellant also…”
Marguerite Pridgen v. Off. of Mgmt. & Budget, 2022 MSPB 31 (MSPB 2022). · cites it 9× “We find that the appellant made protected disclosures and remand the appellant’s claim of reprisal for activity protected by 5 U.S.C. § 2302 (b)(9)(C). The Whistleblower Protection Act (WPA) and the burden-shifting framework under 5 U.”
Arthur Fisher v. Dep't of the Interior, 2023 MSPB 11 (MSPB 2023). · cites it 17× “nt Act of 2012 (WPEA), to prevail on a prohibited personnel practice affirmative defense in a chapter 75 appeal that independently could form the basis of an individual right of action (IRA) appeal, once the agency proves its adverse action case by a preponderance of the…”
Iris Cooper v. Dep't of Vets. Affairs, 2023 MSPB 24 (MSPB 2023). · cites it 17× “Next, the administrative judge found that the VA OIG investigation, including its initiation, continuation, and ultimate report of investigation, did not amount to a personnel action under 5 U.S.C. § 2302 (a)(2). ID at 4. He further concluded that the appellant’s allegations…”
Miller v. Dep't of Just., 842 F.3d 1252 (Fed. Cir. 2016). · cites it 9× “Miller asserted that he made protected whistleblower disclosures under 5 U.S.C. § 2302 (b)(8) and that they contributed to his effective reassignment out of the Superintendent of Industries position, which he contended was a personnel action under 5 U.”
Renate Gabel v. Dep't of Vets. Affairs, 2023 MSPB 4 (MSPB 2023). · cites it 13× “On or about August 27, 2015, she filed a complaint with the Office of Special Counsel (OSC) alleging that the agency retaliated against her for making protected disclosures under 5 U.S.C. § 2302 (b)(8) and engaging in protected activity under 5 U.”
Timothy Skarada v. Dep't of Vets. Affairs, 2022 MSPB 17 (MSPB 2022). · cites it 6× “¶12 A nonfrivolous allegation of a protected whistleblowing disclosure is an allegation of fact that, if proven, would show that the appellant disclosed a matter that a reasonable person in his position would believe evidenced one of the categories of wrongdoing specified in 5…”
Nikesha Williams v. Dep't of Def., 2023 MSPB 23 (MSPB 2023). · cites it 18× “On November 3, 2017, OSC informed the appellant that it was closing its investigation into her complaint and advised her of her Board appeal rights, noting that her disclosures were subject to a higher evidentiary burden and citing 5 U.S.C. § 2302 (f)(2). Id. at 138 . ¶4 The…”
Dwyne Chambers v. Dep't of Homeland Sec., 2022 MSPB 8 (MSPB 2022). · cites it 5× “¶14 If an appellant has exhausted his administrative remedies before OSC, he can establish Board jurisdiction over an IRA appeal by nonfrivolously alleging that: (1) he made a protected disclosure described under 5 U.S.C. § 2302 (b)(8) or engaged in protected activity described…”
— 5 U.S.C. § 2302(a) — 3 cases
Parkinson v. Dep't of Just., 815 F.3d 757 (Fed. Cir. 2016).
Gregory A. Schmittling v. Dep't of the Army, 219 F.3d 1332 (Fed. Cir. 2000).
Kenneth D. Huffman v. Off. of Pers. Mgmt., 263 F.3d 1341 (Fed. Cir. 2001).
— 5 U.S.C. § 2302(a)(2)(6D) — 1 case
— 5 U.S.C. § 2302(a)(2)(A) — 2 cases
Taylor (N.D. Ala. 2026).
— 5 U.S.C. § 2302(a)(2)(A)(ii) — 1 case
Leonard v. Orr, 590 F. Supp. 474 (S.D. Ohio 1984).
— 5 U.S.C. § 2302(a)(2)(A)(iii) — 2 cases
Janie Young v. Dep't of Homeland Sec., 2024 MSPB 18 (MSPB 2024).
— 5 U.S.C. § 2302(a)(2)(A)(v) — 1 case
— 5 U.S.C. § 2302(a)(2)(A)(xii) — 1 case
Pinney v. Bridenstine (D.D.C. 2026).
— 5 U.S.C. § 2302(a)(2)(B) — 1 case
— 5 U.S.C. § 2302(a)(2)(iii) — 1 case
— 5 U.S.C. § 2302(b) — 1 case
Tabaddor v. Holder, 156 F. Supp. 3d 1076 (C.D. Cal. 2015).
— 5 U.S.C. § 2302(b)(1) — 2 cases
— 5 U.S.C. § 2302(b)(1)(A) — 1 case
Edwards v. Weinberger, 688 F. Supp. 203 (E.D. Va. 1987).
— 5 U.S.C. § 2302(b)(10) — 1 case
— 5 U.S.C. § 2302(b)(6) — 1 case
William B. Schmidt v. Dep't of Interior, 153 F.3d 1348 (Fed. Cir. 1998).
— 5 U.S.C. § 2302(b)(8) — 23 cases
Hessami v. MSPB, 979 F.3d 1362 (Fed. Cir. 2020).
Acha v. Dep't of Agric., 841 F.3d 878 (10th Cir. 2016).
Gregory A. Schmittling v. Dep't of the Army, 219 F.3d 1332 (Fed. Cir. 2000).
Rebish v. United States, 120 Fed. Cl. 184 (Fed. Cl. 2015).
— 5 U.S.C. § 2302(b)(8)(A) — 2 cases
Coleman v. MSPB (Fed. Cir. 2026).
— 5 U.S.C. § 2302(b)(9) — 1 case
— 5 U.S.C. § 2302(b)(9)(A) — 1 case
— 5 U.S.C. § 2302(b)(9)(A)(i) — 6 cases
— 5 U.S.C. § 2302(b)(9)(D) — 1 case
— 5 U.S.C. § 2302(b)(ll) — 1 case
William B. Schmidt v. Dep't of Interior, 153 F.3d 1348 (Fed. Cir. 1998).
— 5 U.S.C. § 2302(f)(1)(A) — 1 case
— 5 U.S.C. § 2302(f)(1)(B) — 1 case
— 5 U.S.C. § 2302(f)(2) — 4 cases
Acha v. Dep't of Agric., 841 F.3d 878 (10th Cir. 2016).
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.