5 U.S.C. § 2302
AUTHORIZATION OF PAYMENTS.
“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). “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). “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). “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). “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). “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). “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). “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). “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). “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). “¶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). “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). “¶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
James Healy v. Dep't of Homeland Sec. (MSPB 2024).
— 5 U.S.C. § 2302(a)(2)(A) — 2 cases
Robert D. Vocke v. Dep't of Com. (MSPB 2016).
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).
Bridget Bullard v. Dep't of Vets. Affairs (MSPB 2024).
— 5 U.S.C. § 2302(a)(2)(A)(v) — 1 case
Dieter Stussy v. Merit Sys. Prot. Bd. (MSPB 2016).
— 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
Applicability of Crim. Statutes & \Whistleblower\" Legislation to Unauthorized Emp. Disclosures" (OLC 1980).
— 5 U.S.C. § 2302(a)(2)(iii) — 1 case
Larry Butler v. Soc. Sec. Admin. (MSPB 2024).
— 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
Damien L Ware v. Dep't of Vets. Affairs (MSPB 2024).
Diana Stephens v. Dep't of Vets. Affairs (MSPB 2025).
— 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
George L. Garrow, Jr. v. Wendy Lee Gramm, Chairman, Commodity Futures Trading Comm'n, 856 F.2d 203 (D.C. Cir. 1988).
— 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).
Karen Fuerst v. The Hous. Auth. of the City of Atlanta, Georgia, 38 F.4th 860 (11th Cir. 2022).
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
Robert L. Ganoe, Sr. v. Sec'y of Def. Pete Hegseth (M.D. Penn. 2026).
Coleman v. MSPB (Fed. Cir. 2026).
— 5 U.S.C. § 2302(b)(9) — 1 case
Jose E. Rosario-Fabregas v. Dep't of the Army (MSPB 2016).
— 5 U.S.C. § 2302(b)(9)(A) — 1 case
Stacy Miller v. Dep't of Def. (MSPB 2023).
— 5 U.S.C. § 2302(b)(9)(A)(i) — 6 cases
Jose E. Rosario-Fabregas v. Dep't of the Army (MSPB 2016).
Gibao Kani-Goba v. Dep't of Health & Human Servs. (MSPB 2026).
Tina Kormanik v. Off. of Pers. Mgmt. (MSPB 2026).
Richard Eshenaur v. Dep't of the Interior (MSPB 2026).
Wade Cox v. Dep't of the Navy (MSPB 2026).
— 5 U.S.C. § 2302(b)(9)(D) — 1 case
Veronica Serrano v. Dep't of Agric. (MSPB 2024).
— 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
Shamar D. Bradley v. Texas Off. of the Attorney Gen. & Texas Dep't of Info. Resources (Tex. App. 2025).
— 5 U.S.C. § 2302(f)(1)(B) — 1 case
Roland Pushard III v. Riverview Psychiatric Ctr., 2020 ME 23 (Me. 2020).
— 5 U.S.C. § 2302(f)(2) — 4 cases
Acha v. Dep't of Agric., 841 F.3d 878 (10th Cir. 2016).
Robert Harry v. Dep't of the Interior (MSPB 2023).
David Hendy v. Dep't of Vets. Affairs (MSPB 2024).
Randy C LeCompte v. Dep't of State (MSPB 2024).
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