
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC1216]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
          PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
 
 CHAPTER 12--MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, 
                      AND EMPLOYEE RIGHT OF ACTION
 
                SUBCHAPTER II--OFFICE OF SPECIAL COUNSEL
 
Sec. 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.

(Added Pub. L. 101-12, Sec. 3(a)(13), Apr. 10, 1989, 103 Stat. 28; 
amended Pub. L. 103-94, Sec. 3, Oct. 6, 1993, 107 Stat. 1004.)


                               Amendments

    1993--Subsec. (c). Pub. L. 103-94 amended subsec. (c) generally. 
Prior to amendment, subsec. (c) read as follows:
    ``(1) If an investigation by the Special Counsel under subsection 
(a)(1) substantiates an allegation relating to any activity prohibited 
under section 7324, the Special Counsel may petition the Merit Systems 
Protection Board for any penalties provided for under section 7325.
    ``(2) If the Special Counsel receives an allegation concerning any 
matter under paragraph (3), (4), or (5) of subsection (a), the Special 
Counsel may investigate and seek corrective action under section 1214 in 
the same way as if a prohibited personnel practice were involved.''


           Effective Date of 1993 Amendment; Savings Provision

    Amendment by Pub. L. 103-94 effective 120 days after Oct. 6, 1993, 
but not to release or extinguish any penalty, forfeiture, or liability 
incurred under amended provision, which is to be treated as remaining in 
force for purpose of that penalty, forfeiture, or liability, and no 
provision of Pub. L. 103-94 to affect any proceedings with respect to 
which charges were filed on or before 120 days after Oct. 6, 1993, with 
orders to be issued in such proceedings and appeals taken therefrom as 
if Pub. L. 103-94 had not been enacted, see section 12 of Pub. L. 103-
94, set out as an Effective Date; Savings Provision note under section 
7321 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1212, 1215, 2105 of this 
title.
