Supporting People who Speak Out

USA – Standards – Administration – Oversight

USA – Standards – Administration – Oversight

117. ‘‘(d)(1) Each Inspector General shall, in accordance with applicable laws and regulations governing the civil service-

‘‘(A) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations of the establishment;

‘‘(B) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations; and

‘‘(C) designate a Whistleblower Protection Ombudsman who shall educate agency employees-

‘‘(i) about prohibitions on retaliation for protected disclosures; and

‘‘(ii) who have made or are contemplating making a protected disclosure about the rights and remedies against retaliation for protected disclosures.

1211. `(a) There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its principal office in the District of Columbia and shall have field offices in other appropriate locations.’

1212. `(a) The Office of Special Counsel shall–

`(1) in accordance with section 1214(a) and other applicable provisions of this subchapter, protect employees, former employees, and applicants for employment from prohibited personnel practices;

`(2) receive and investigate allegations of prohibited personnel practices, and, where appropriate–

`(A) bring petitions for stays, and petitions for corrective action, under section 1214; and

`(B) file a complaint or make recommendations for disciplinary action under section 1215;

`(3) receive, review, and, where appropriate, forward to the Attorney General or an agency head under section 1213, disclosures of violations of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;

`(4) review rules and regulations issued by the Director of the Office of Personnel Management in carrying out functions under section 1103 and, where the Special Counsel finds that any such rule or regulation would, on its face or as implemented, require the commission of a prohibited personnel practice, file a written complaint with the Board; and

`(5) investigate and, where appropriate, bring actions concerning allegations of violations of other laws within the jurisdiction of the Office of Special Counsel (as referred to in section 1216).

`(b)(1) The Special Counsel and any employee of the Office of Special Counsel designated by the Special Counsel may administer oaths, examine witnesses, take depositions, and receive evidence.

`(2) The Special Counsel may–

`(A) issue subpoenas; and

`(B) order the taking of depositions and order responses to written interrogatories; in the same manner as provided under section 1204.

`(3)(A) In the case of contumacy or failure to obey a subpoena issued under paragraph (2)(A), the Special Counsel may apply to the Merit Systems Protection Board to enforce the subpoena in court pursuant to section 1204(c).

`(B) A subpoena under paragraph (2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in the manner referred to in subsection (d) of section 1204, and the United States District Court for the District of Columbia may, with respect to any such individual, compel compliance in accordance with such subsection.

`(c)(1) Except as provided in paragraph (2), the Special Counsel may as a matter of right intervene or otherwise participate in any proceeding before the Merit Systems Protection Board, except that the Special Counsel shall comply with the rules of the Board.

Referenced Legislation: Whistleblower Protection Act (WPA) (1989)

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