Title 5Government Organization and EmployeesRelease 119-73

§1219 Public information

Title 5 › Part PART II— - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES › Chapter CHAPTER 12— - MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, AND EMPLOYEE RIGHT OF ACTION › Subchapter SUBCHAPTER II— - OFFICE OF SPECIAL COUNSEL › § 1219

Last updated Apr 6, 2026|Official source

Summary

Post public lists and related documents about certain referrals and reports. For noncriminal referrals under section 1213(c), the Special Counsel must post the referral, the information sent to the agency, the agency’s report, any complainant comments if allowed and consented, and the Special Counsel’s comments or recommendations. The office must also post lists and agency certifications for referrals under section 1215(c)(2) and section 1214(e), and reports under section 1213(g)(1). Before posting anything, the Special Counsel must make sure not to include information that law or an Executive order says must stay secret for national defense or foreign affairs.

Full Legal Text

Title 5, §1219

Government Organization and Employees — Source: USLM XML via OLRC

(a)The Special Counsel shall maintain and make available to the public—
(1)a list of any noncriminal matters referred to the head of an agency under section 1213(c), together with—
(A)a copy of the information transmitted to the head of the agency under section 1213(c)(1);
(B)any report from the agency under section 1213(c)(1)(B) relating to the matter;
(C)if appropriate, not otherwise prohibited by law, and consented to by the complainant, any comments from the complainant under section 1213(e)(1) relating to the matter; and
(D)the comments or recommendations of the Special Counsel under paragraph (3) or (4) of section 1213(e);
(2)a list of matters referred to heads of agencies under section 1215(c)(2);
(3)a list of matters referred to heads of agencies under subsection (e) of section 1214, together with certifications from heads of agencies under such subsection; and
(4)reports from heads of agencies under section 1213(g)(1).
(b)The Special Counsel shall take steps to ensure that any list or report made available to the public under this section does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2017—Subsec. (a)(1). Pub. L. 115–91 amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a list of noncriminal matters referred to heads of agencies under subsection (c) of section 1213, together with reports from heads of agencies under subsection (c)(1)(B) of such section relating to such matters;”.

Reference

Citations & Metadata

Citation

5 U.S.C. § 1219

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73