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5 U.S.C. § 1212

Powers and functions of the Office of Special Counsel

United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective

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5 U.S.C. § 1212, Powers and functions of the Office of Special Counsel, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/426577
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The Office of Special Counsel shall— receive and investigate allegations of prohibited personnel practices, and, where appropriate— The Special Counsel may— Except as provided in subparagraph (B), the Special Counsel, in carrying out this subchapter, is authorized to— have timely access to all records, data, reports, audits, reviews, documents, papers, recommendations, or other material available to the applicable agency that relate to an investigation, review, or inquiry conducted under— require, during an investigation, review, or inquiry of an agency, the agency to provide to the Special Counsel any record or other information that relates to an investigation, review, or inquiry conducted under— The Attorney General or an Inspector General may withhold from the Special Counsel material described in subparagraph (A) if— the material— the Attorney General or the Inspector General, as applicable, submits to the Special Counsel a written report that describes— Notwithstanding the exception under paragraph (1), the Special Counsel may not respond to any inquiry concerning an evaluation of the work performance, ability, aptitude, general qualifications, character, loyalty, or suitability for any personnel action of any person described in paragraph (1)— The Special Counsel shall enter into at least 1 agreement with the Inspector General of an agency under which— the Inspector General shall— the Special Counsel—

Legislative history

The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.

  • Enacted byPub. L. 101-12(S. 20)1989-04-10
    Whistleblower Protection Act of 1989
    House: no recorded tallySenate: 97–0
  • Amended byPub. L. 103-424(H.R. 2970)1994-10-29
    An Act to authorize appropriations for the United States Office of Special Counsel, the Merit Systems Protection Board, and for other purposes.
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 112-199(S. 743)2012-11-27
    Whistleblower Protection Enhancement Act of 2012
    House: no recorded tallySenate: no recorded tally
  • Amended byPub. L. 115-91(H.R. 2810)2017-12-12
    National Defense Authorization Act for Fiscal Year 2018