PRIA Logo™
Title 5, Government Organization and EmployeesRelease 119-102

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

Title 5 › 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 › § 1216

Last updated Aug 21, 2026|Official source

Summary

The Special Counsel must investigate certain complaints about wrongdoing by government employees and some state or local officials. These include illegal political activity by federal employees, illegal political activity by certain state and local officers, improper withholding of records under the Freedom of Information Act (but not foreign intelligence or counterintelligence the law or an Executive order bars from release), violations of civil service rules (including political influence in personnel decisions), and employee involvement in discrimination found by a court or agency. The Special Counsel will not take on a discrimination claim if it should be handled through an administrative appeals process. For matters about political activity, FOIA withholding, civil service violations, or discrimination (items 1, 3, 4, and 5), the Special Counsel may investigate and seek corrective action under section 1214 and disciplinary action under section 1215.

Full Legal Text

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.

Legislative History

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.

Reference

Citations & Metadata

Citation

5 U.S.C. § 1216

Title 5, Government Organization and Employees

Last Updated

Aug 21, 2026

Release point: 119-102