ExecutiveOrdersEO
MemoMemorandumClinton · D

Presidential Memorandum

Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978

President Clinton delegated presidential authority over FBI employee whistleblower protections to the Attorney General under the Civil Service Reform Act of 1978, requiring annual reports on reprisal allegations and prohibiting redelegation to the FBI itself.

Federal Register Open PDF 62 FR 23123

Impact dates

  1. Annual report on FBI employee reprisal allegations due to President

Key directives

  • Delegate functions under 5 U.S.C. 2303(c) to Attorney General
  • Direct Attorney General to establish appropriate DOJ processes
  • Require annual report by March 1 on reprisal allegations received, resolved, and pending
  • Prohibit redelegation of functions to the FBI

Who is ordered

Timeline

Immediate

  • Delegation of presidential authority to Attorney General takes effect
  • Attorney General must establish internal DOJ processes

Near term (90d)

—

Long term

  • Annual reporting cycle begins with first report due March 1, 1998, and recurring each March 1 thereafter

Risks & tensions

  • Annual deadline 'not later than March 1 of each year' lacks specified start year; first report logically due March 1, 1998
  • Prohibition on redelegation to FBI creates institutional tension between DOJ and FBI on whistleblower matters
  • Limited oversight mechanism relies on self-reporting by Attorney General
Presidential Memorandum: Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978 · Executive Orders