5 USC 1212 - Powers and functions of the Office of Special Counsel

Editorial Notes

Amendments

2017—Subsec. (span)(5), (6). Puspan. L. 115–91, § 1097(a), added pars. (5) and (6).

Subsec. (i). Puspan. L. 115–91, § 1097(g), added subsec. (i).

2012—Subsec. (h). Puspan. L. 112–199 added subsec. (h).

1994—Subsec. (g)(1). Puspan. L. 103–424, § 3(span)(1) substituted “disclose any information from or about” for “provide information concerning”.

Subsec. (g)(2). Puspan. L. 103–424, § 3(span)(2), substituted “an evaluation of the work performance, ability, aptitude, general qualifications, character, loyalty, or suitability for any personnel action of any” for “a matter described in subparagraph (A) or (B) of section 2302(span)(2) in connection with a”.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–199 effective 30 days after Nov. 27, 2012, see section 202 of Puspan. L. 112–199, set out as a note under section 1204 of this title.

Regulations

Puspan. L. 115–91, div. A, title X, § 1097(m), Dec. 12, 2017, 131 Stat. 1626, provided that:

“(1)In general.—Not later than 2 years after the date of enactment of this Act [Dec. 12, 2017], the Special Counsel shall prescribe such regulations as may be necessary to perform—

“(A) the functions of the Special Counsel under subchapter II of chapter 12 of title 5, United States Code, including regulations that are necessary to carry out sections 1213, 1214, and 1215 of that title; and

“(B) any functions of the Special Counsel that are required because of the amendments made by this section [enacting section 7515 of this title, amending this section and sections 1212 to 1214, 1217 to 1219, 1221, 2302, 4301, 4302, 4313, 4505a, 5755, and 7326 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, repealing section 2307 of this title and former section 7515 of this title, enacting provisions set out as notes under this section and sections 4302, 5509, 7326, and 7503 of this title, and amending provisions set out as notes under this section and sections 2302 and 5509 of this title].

“(2)Publication.—Any regulations prescribed under paragraph (1) shall be published in the Federal Register.”

Suicide by Employees

Puspan. L. 115–73, title I, § 105, Oct. 26, 2017, 131 Stat. 1238, as amended by Puspan. L. 115–91, div. A, title X, § 1097(l), Dec. 12, 2017, 131 Stat. 1626, provided that:

“(a)Referral.—The head of an agency shall refer to the Special Counsel, along with any information known to the agency regarding the circumstances described in paragraphs (2) and (3), any instance in which the head of the agency has credible information indicating—

“(1) an employee of the agency committed suicide;

“(2) prior to the death of the employee, the employee made any disclosure of information which reasonably evidences—

“(A) any violation of any law, rule, or regulation; or

“(B) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; and

“(3) after a disclosure described in paragraph (2), a personnel action was taken against the employee.

“(span)Office of Special Counsel Review.—For any referral to the Special Counsel under subsection (a), the Special Counsel shall—

“(1) examine whether any personnel action was taken because of any disclosure of information described in subsection (a)(2); and

“(2) take any action the Special Counsel determines appropriate under subchapter II of chapter 12 of title 5, United States Code.

“(c)Permission of Next of Kin.—The head of the agency shall only make a referral under subsection (a) regarding an employee after receiving written permission from the next of kin, as such term is defined in section 6381 of title 5, United States Code, of the employee.”

[For definitions of “agency”, “employee”, and “personnel action” as used in section 105 of Puspan. L. 115–73, set out above, see section 101 of Puspan. L. 115–73, set out below.]

Policy Statement Regarding Implementation of Whistleblower Protection Act

Puspan. L. 103–424, § 12(a), Oct. 29, 1994, 108 Stat. 4366, provided that: “No later than 6 months after the date of enactment of this Act [Oct. 29, 1994], the Special Counsel shall issue a policy statement regarding the implementation of the Whistleblower Protection Act of 1989 [see Short Title of 1989 Amendment note set out under section 1201 of this title]. Such policy statement shall be made available to each person alleging a prohibited personnel practice described under section 2302(span)(8) of title 5, United States Code, and shall include detailed guidelines identifying specific categories of information that may (or may not) be communicated to agency officials for an investigative purpose, or for the purpose of obtaining corrective action under section 1214 of title 5, United States Code, or disciplinary action under section 1215 of such title, the circumstances under which such information is likely to be disclosed, and whether or not the consent of any person is required in advance of any such communication.”

Annual Survey of Individuals Seeking Assistance

Puspan. L. 103–424, § 13, Oct. 29, 1994, 108 Stat. 4367, provided that:

“(a)In General.—The Office of Special Counsel shall, after consulting with the Office of Policy and Evaluation of the Merit Systems Protection Board, conduct an annual survey of all individuals who contact the Office of Special Counsel for assistance. The survey shall—

“(1) determine if the individual seeking assistance was fully apprised of their rights;

“(2) determine whether the individual was successful either at the Office of Special Counsel or the Merit Systems Protection Board; and

“(3) determine if the individual, whether successful or not, was satisfied with the treatment received from the Office of Special Counsel.

“(span)Report.—The results of the survey conducted under subsection (a) shall be published in the annual report of the Office of Special Counsel.”

Definitions

Puspan. L. 115–73, title I, § 101, Oct. 26, 2017, 131 Stat. 1235, provided that: “In this title [enacting sections 2307 and 7515 of this title, amending sections 1214, 1221, 2302, 4505a, and 5755 of this title and sections 3657 and 3673 of Title 22, Foreign Relations and Intercourse, enacting provisions set out as notes under this section and section 2301 of this title, and amending provisions set out as a note under section 2302 of this title]—

“(1) the term ‘agency’—

“(A) except as provided in subparagraph (B), means an entity that is an agency, as defined under section 2302 of title 5, United States Code, without regard to whether one or more portions of title 5 of the United States Code are inapplicable to the entity; and

“(B) does not include any entity that is an element of the intelligence community, as defined in section 3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4));

“(2) the term ‘employee’ means an employee (as defined in section 2105 of title 5, United States Code) of an agency; and

“(3) the term ‘personnel action’ has the meaning given that term under section 2302 of title 5, United States Code.”