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5 U.S.C. § 1216 — Other matters within the jurisdiction of the Office of Special Counsel

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1216 — Other matters within the jurisdiction of the Office of Special Counsel

**(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.

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Source file: Laws/federal/codes/united-states-code/title-5/section-1216-other-matters-within-the-jurisdiction-of-the-office-of-special-counsel--57fca75d66.md
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Source location: Title 5, Chapter 12, § 1216; chapter-012-merit-systems-protection-board-office-of-special-counsel-and-employee-right-of-action.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 7321 — Political participation

It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1216 — Other matters within the jurisdiction of

Page 284 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1216 committed a prohibited personnel practice under section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D), the Board may impose disciplinary action if the Board finds that the activity pro- tected under section 2302(b)(8), or 2302(b)(9)(A)(i), (B), (C), or (D) was a significant motivating fac- tor, even if other factors also motivated the de- cision, for the employee’s decision to take, fail to take, or threaten to take or fail to take a per- sonnel action, unless that employee dem- onstrates, by a preponderance of the evidence, that the employee would have taken, failed to take, or threatened to take or fail to take the same personnel action, in the absence of such protected activity. (4) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this subsection may obtain judicial review of the order by filing a petition therefor with such court, and within such time, as provided for under section 7703(b). (5) In the case of any State or local officer or employee under chapter 15, the Board shall con- sider the case in accordance with the provisions of such chapter. (b) In the case of an employee in a confiden- tial, policy-making, policy-determining, or pol- icy-advocating position appointed by the Presi- dent, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in subsection (a)(1), to- gether with any response of the employee, shall be presented to the President for appropriate ac- tion in lieu of being presented under subsection (a). (c)(1) In the case of members of the uniformed services

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