§1216 — Title 5 Government Organization and Employees | U.S. Code

Summary

The Special Counsel must investigate five kinds of complaints. These include political activity covered by subchapter III of chapter 73 for federal employees and by chapter 15 for certain state and local officers; improper withholding of information under section 552, except where law or an Executive order forbids releasing foreign intelligence or counterintelligence; violations of civil service laws or rules, including political interference in personnel decisions; and employee involvement in discrimination that a court or appropriate administrative authority has found in a personnel action. The Special Counsel must not investigate the discrimination claim if it is better handled through an administrative appeals process. For the other listed matters, the Special Counsel may investigate and seek corrective action under section 1214 and disciplinary action under section 1215.

Title 5, §1216

Government Organization and Employees — Source: USLM XML via OLRC

(a)In addition to the authority otherwise provided in this chapter, the Special Counsel shall, except as provided in subsection (b), conduct an investigation of any allegation concerning—

(1)political activity prohibited under subchapter III of chapter 73, relating to political activities by Federal employees;

(2)political activity prohibited under chapter 15, relating to political activities by certain State and local officers and employees;

(3)arbitrary or capricious withholding of information prohibited under section 552, except that the Special Counsel shall make no investigation of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order;

(4)activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and

(5)involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action.

(b)The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in subsection (a)(5), if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure.

(c)If the Special Counsel receives an allegation concerning any matter under paragraph (1), (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section 1214 and disciplinary action under section 1215 in the same way as if a prohibited personnel practice were involved.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1993—Subsec. (c). Pub. L. 103–94 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “(1) If an investigation by the Special Counsel under subsection (a)(1) substantiates an allegation relating to any activity prohibited under section 7324, the Special Counsel may petition the Merit Systems Protection Board for any penalties provided for under section 7325. “(2) If the Special Counsel receives an allegation concerning any matter under paragraph (3), (4), or (5) of subsection (a), the Special Counsel may investigate and seek corrective action under section 1214 in the same way as if a prohibited personnel practice were involved.”

Statutory Notes and Related Subsidiaries

Effective Date

of 1993 Amendment;

Savings Provision

Amendment by Pub. L. 103–94 effective 120 days after Oct. 6, 1993, but not to release or extinguish any penalty, forfeiture, or liability incurred under amended provision, which is to be treated as remaining in force for purpose of that penalty, forfeiture, or liability, and no provision of Pub. L. 103–94 to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if Pub. L. 103–94 had not been enacted, see section 12 of Pub. L. 103–94, set out as an

Savings Provision

note under section 7321 of this title.

§1216 Other Matters Within the Jurisdiction of the Office of Special Counsel

Summary

Title 5, §1216

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Savings Provision

Savings Provision

Citations & Metadata