5 U.S.C. § 1214
Investigation of prohibited personnel practices; corrective action
United States · Title 5 — GOVERNMENT ORGANIZATION AND EMPLOYEES · Status: effective
Cite this
- Citation
- 5 U.S.C. § 1214, Investigation of prohibited personnel practices; corrective action, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/426579
- Permanent ID
ys:prov:426579@1- SHA-256
0b1033bf1a1717f823eb22ac668b92be6a2ded6d4759d5f88b5a993e845eeba7
The hash is SHA-256 of this version's text, with every run of whitespace collapsed to a single space and the ends trimmed. The ID always leads back here, and checking it says whether the text you cited is still the current version.
Full text
Within 15 days after the date of receiving an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel shall provide written notice to the person who made the allegation that—
Unless an investigation is terminated under paragraph (2), the Special Counsel shall—
If the Special Counsel terminates any investigation under paragraph (1), the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of—
Except in a case in which an employee, former employee, or applicant for employment has the right to appeal directly to the Merit Systems Protection Board under any law, rule, or regulation, any such employee, former employee, or applicant shall seek corrective action from the Special Counsel before seeking corrective action from the Board. An employee, former employee, or applicant for employment may seek corrective action from the Board under section 1221, if such employee, former employee, or applicant seeks corrective action for a prohibited personnel practice described in section 2302(b)(8) or section 2302(b)(9)(A)(i), (B), (C), or (D) from the Special Counsel and—
Notwithstanding any other provision of this section, not later than 30 days after the date on which the Special Counsel receives an allegation of a prohibited personnel practice under paragraph (1), the Special Counsel may terminate an investigation of the allegation without further inquiry if the Special Counsel determines that—
the same allegation, based on the same set of facts and circumstances, had previously been—
A stay may be terminated by the Board at any time, except that a stay may not be terminated by the Board—
Whenever the Special Counsel petitions the Board for corrective action, the Board shall provide an opportunity for—
In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel shall proceed with any investigation or proceeding unless—
If, in connection with any investigation under this subchapter, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred other than one referred to in subsection (b) or (d), the Special Counsel shall report such violation to the head of the agency involved. The Special Counsel shall require, within 30 days after the receipt of the report by the agency, a certification by the head of the agency which states—
If the Board orders corrective action under this section, such corrective action may include—
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.
- Whistleblower Protection Act of 1989House: no recorded tallySenate: 97–0
- 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
- Whistleblower Protection Enhancement Act of 2012House: no recorded tallySenate: no recorded tally
- A bill to amend section 1214 of title 5, United States Code, to provide for stays during a period that the Merit Systems Protection Board lacks a quorum.House: no recorded tallySenate: no recorded tally
- Dr. Chris Kirkpatrick Whistleblower Protection Act of 2017House: 420–0Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2018