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-CITE-
5 USC Sec. 1212 01/03/05-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 12 - MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL
COUNSEL, AND EMPLOYEE RIGHT OF ACTION
SUBCHAPTER II - OFFICE OF SPECIAL COUNSEL-HEAD-
Sec. 1212. Powers and functions of the Office of Special Counsel-STATUTE-
(a) The Office of Special Counsel shall -
(1) in accordance with section 1214(a) and other applicable
provisions of this subchapter, protect employees, former
employees, and applicants for employment from prohibited
personnel practices;
(2) receive and investigate allegations of prohibited personnel
practices, and, where appropriate -
(A) bring petitions for stays, and petitions for corrective
action, under section 1214; and
(B) file a complaint or make recommendations for disciplinary
action under section 1215;(3) receive, review, and, where appropriate, forward to the
Attorney General or an agency head under section 1213,
disclosures of violations of any law, rule, or regulation, or
gross mismanagement, a gross waste of funds, an abuse of
authority, or a substantial and specific danger to public health
or safety;
(4) review rules and regulations issued by the Director of the
Office of Personnel Management in carrying out functions under
section 1103 and, where the Special Counsel finds that any such
rule or regulation would, on its face or as implemented, require
the commission of a prohibited personnel practice, file a written
complaint with the Board; and
(5) investigate and, where appropriate, bring actions
concerning allegations of violations of other laws within the
jurisdiction of the Office of Special Counsel (as referred to in
section 1216).(b)(1) The Special Counsel and any employee of the Office of
Special Counsel designated by the Special Counsel may administer
oaths, examine witnesses, take depositions, and receive evidence.
(2) The Special Counsel may -
(A) issue subpoenas; and
(B) order the taking of depositions and order responses to
written interrogatories;in the same manner as provided under section 1204.
(3)(A) In the case of contumacy or failure to obey a subpoena
issued under paragraph (2)(A), the Special Counsel may apply to the
Merit Systems Protection Board to enforce the subpoena in court
pursuant to section 1204(c).
(B) A subpoena under paragraph (2)(A) may, in the case of any
individual outside the territorial jurisdiction of any court of the
United States, be served in the manner referred to in subsection
(d) of section 1204, and the United States District Court for the
District of Columbia may, with respect to any such individual,
compel compliance in accordance with such subsection.
(4) Witnesses (whether appearing voluntarily or under subpoena)
shall be paid the same fee and mileage allowances which are paid
subpoenaed witnesses in the courts of the United States.
(c)(1) Except as provided in paragraph (2), the Special Counsel
may as a matter of right intervene or otherwise participate in any
proceeding before the Merit Systems Protection Board, except that
the Special Counsel shall comply with the rules of the Board.
(2) The Special Counsel may not intervene in an action brought by
an individual under section 1221, or in an appeal brought by an
individual under section 7701, without the consent of such
individual.
(d)(1) The Special Counsel may appoint the legal, administrative,
and support personnel necessary to perform the functions of the
Special Counsel.
(2) Any appointment made under this subsection shall be made in
accordance with the provisions of this title, except that such
appointment shall not be subject to the approval or supervision of
the Office of Personnel Management or the Executive Office of the
President (other than approval required under section 3324 or
subchapter VIII of chapter 33).
(e) The Special Counsel may prescribe such regulations as may be
necessary to perform the functions of the Special Counsel. Such
regulations shall be published in the Federal Register.
(f) The Special Counsel may not issue any advisory opinion
concerning any law, rule, or regulation (other than an advisory
opinion concerning chapter 15 or subchapter III of chapter 73).
(g)(1) The Special Counsel may not respond to any inquiry or
disclose any information from or about any person making an
allegation under section 1214(a), except in accordance with the
provisions of section 552a of title 5, United States Code, or as
required by any other applicable Federal law.
(2) Notwithstanding the exception under paragraph (1), the
Special Counsel may not respond to any inquiry concerning an
evaluation of the work performance, ability, aptitude, general
qualifications, character, loyalty, or suitability for any
personnel action of any person described in paragraph (1) -
(A) unless the consent of the individual as to whom the
information pertains is obtained in advance; or
(B) except upon request of an agency which requires such
information in order to make a determination concerning an
individual's having access to the information unauthorized
disclosure of which could be expected to cause exceptionally
grave damage to the national security.-SOURCE-
(Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 19;
amended Pub. L. 103-424, Sec. 3(b), Oct. 29, 1994, 108 Stat. 4362.)-MISC1-
AMENDMENTS
1994 - Subsec. (g)(1). Pub. L. 103-424, Sec. 3(b)(1) substituted
"disclose any information from or about" for "provide information
concerning".
Subsec. (g)(2). Pub. L. 103-424, Sec. 3(b)(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(b)(2) in connection with a".POLICY STATEMENT REGARDING IMPLEMENTATION OF WHISTLEBLOWER
PROTECTION ACT
Section 12(a) of Pub. L. 103-424 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(b)(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
Section 13 of Pub. L. 103-424 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.
"(b) Report. - The results of the survey conducted under
subsection (a) shall be published in the annual report of the
Office of Special Counsel."