United States Office of Special Counsel - Jurisdiction

Jurisdiction

Pursuant to 5 U.S.C. § 1214, the U.S. Office of Special Counsel (OSC) has jurisdiction over most prohibited personnel practice complaints brought by executive branch agency employees and applicants for employment (hereinafter simply "employee" or "employees"). When a PPP complaint is properly submitted to the OSC, the agency investigates the allegations. If OSC finds sufficient evidence to prove a violation, it may seek corrective action, disciplinary action, or both.

By statute, federal employees may not be retaliated against when they disclose information which they reasonably believe evidences the following types of wrongdoing: a violation of law, rule, or regulation; gross mismanagement; a gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety. The Special Counsel is authorized to receive such disclosures of wrongdoing, except that OSC lacks jurisdiction over PPPs committed against employees of the Central Intelligence Agency, Defense Intelligence Agency, National Security Agency, and certain other intelligence agencies (see 5 U.S.C. §2302(a)(2)(C)(ii)).

OSC was established on January 1, 1979. From then until 1989, the Office operated as the independent investigative and prosecutorial arm of the Merit Systems Protection Board (MSPB, or “Board”). By law, OSC received and investigated complaints from current and former federal employees, and applicants for federal employment, alleging prohibited personnel practices by federal agencies; enforced the Hatch Act, including by providing advice on restrictions imposed by the act on political activity by covered federal, state, and local government employees; and received disclosures from federal employees about wrongdoing in government agencies. The office enforced restrictions against prohibited personnel practices and unlawful political activity by filing, where appropriate, petitions for corrective and/or disciplinary action with the Board.

In 1989, Congress enacted the Whistleblower Protection Act (WPA). The statute made OSC an independent agency within the executive branch of the federal government, with continued responsibility for the functions described above. It also strengthened protections against reprisal for employees who disclose wrongdoing in the government, and enhanced OSC’s ability to enforce those protections.

Congress enacted legislation in 1993 that significantly amended Hatch Act provisions applicable to federal and District of Columbia (D.C.) government employees, and enforced by OSC. (Provisions of the Act regarding certain state and local government employees were unaffected by the 1993 amendments.)

In 1994, the Uniformed Services Employment and Reemployment Rights Act (USERRA) became law. It defined employment-related rights of persons in connection with military service, prohibited discrimination against them because of that service, and gave OSC new authority to pursue remedies for violations by federal agencies.

Also in 1994, OSC’s reauthorization act expanded protections for federal employees, and defined new responsibilities for OSC and other federal agencies. It provided, for example, that within 240 days after receiving a prohibited personnel practice complaint, OSC should determine whether there are reasonable grounds to believe that such a violation occurred, exists, or will be taken. The act extended the protections of certain legal provisions enforced by OSC to approximately 60,000 employees of what is now the Department of Veterans Affairs (DVA), and to employees of certain government corporations. It also broadened the scope of personnel actions covered under those provisions. Finally, the act made federal agencies responsible for informing their employees of available rights and remedies under the WPA, and directed agencies to consult with OSC in that process.

In November 2001, Congress enacted the Aviation and Transportation Security Act, creating the Transportation Security Administration (TSA). Under the Act, non-security screener employees of TSA can file allegations of reprisal for whistleblowing with OSC and the MSPB. Approximately 45,000 security screeners in TSA, however, could not pursue such complaints at OSC or the Board. OSC efforts led to the signing of a memorandum of understanding (MOU) with TSA in May 2002, under which OSC reviews whistleblower retaliation complaints from security screeners, and recommends corrective or disciplinary action to TSA when warranted.