THE ROLE OF THE 

U.S. OFFICE 

OF 

SPECIAL COUNSEL 

PROTECTING FEDERAL WHISTLEBLOWERS 

RECEIVING WHISTLEBLOWER DISCLOSURES 

INVESTIGATING AND PROSECUTING 

PROHIBITED PERSONNEL PRACTICES 

ENFORCING THE HATCH ACT 

PROTECTING SERVICE MEMBERS UNDER U.S.E.R.R.A.
TABLE OF CONTENTS 

The Role of the U.S. Office of Special Counsel..............................................1 

What is the Office of Special Counsel?...............................................................1 

Investigating and Prosecuting Prohibited Personnel Practices...................2 

What are prohibited personnel practices?...........................................................2 

Who can be protected by the OSC from prohibited personnel practices?...........3 

How does the OSC handle a prohibited personnel practice complaint? .............4 

Can the OSC delay a personnel action pending investigation of the matter? .....5 

How can the OSC remedy a prohibited personnel practice? ..............................6 

How are allegations of whistleblower retaliation remedied?................................6 

Can complainants seek relief from the OSC for a prohibited personnel 

practice if they are covered by a collective bargaining agreement?....................8 

What is the OSC’s policy about allegations of discrimination?............................8 

Discrimination under § 2302(b)(10) can also be Investigated by OSC................8 

What if I believe my Veteran's preference rights were violated ...................... 8 

What other violations does the OSC have jurisdiction to investigate? ................9 

Are federal employees required to cooperate with OSC investigations? ............10 

What legal responsibilities do federal agencies have to prevent prohibited 

personnel practices?...........................................................................................10 

Receiving Whistleblower Disclosures ............................................................10 

Who can use the OSC’s whistleblower disclosure channel?...............................11 

How are whistleblower disclosures handled by the OSC? ..................................11 

i 
Advising On and Enforcing the Hatch Act......................................................11 

What is the Hatch Act? .......................................................................................11 

What is the OSC’s role?......................................................................................12 

What restrictions apply to employees of the federal government and the 

District of Columbia?...........................................................................................12 

If the MSPB finds that a federal or D.C. government employee has violated 

the Hatch Act, what penalties may the Special Counsel request? ....................14 

What restrictions apply to state and local government employees?..................14 

If the MSPB finds that a state or local government employee has violated the 

Hatch Act, what penalties may the Special Counsel request? ..........................15 

Who may file a Hatch Act complaint with the OSC? .........................................15 

What is the Uniform Services Employment and Reemployment Rights Act?...15 

How to File a Prohibited Personnel Practice, Hatch Act, or Other 

Complaint ........................................................................................................15 

How to Make a Whistleblower Disclosure ....................................................17 

How to Obtain a Hatch Act Advisory Opinion ..............................................17 

How to Report a USERRA Violation ..............................................................18 

How to Obtain OSC Publications ..................................................................18 

OSC Online......................................................................................................19 

How to Request OSC Speakers .....................................................................19 

OSC Phone Numbers to Note ........................................................................19 

OSC Field Offices............................................................................................20 

ii 
THE ROLE OF THE 

U.S. OFFICE OF SPECIAL COUNSEL 

 

• Protecting Federal Whistleblowers 

• Investigating and Prosecuting Prohibited Personnel Practices 

• Receiving Whistleblower Disclosures 

• Enforcing the Hatch Act 

• Protecting Service Members' Reemployment Rights 

What is the Office of Special Counsel? 

The U.S. Office of Special Counsel (OSC) is an independent federal 

investigative and prosecutorial agency. Under the Civil Service Reform Act and 

the Whistleblower Protection Act, the OSC’s primary mission is to safeguard the 

merit system by protecting federal employees and applicants from prohibited 

personnel practices, especially reprisal for whistleblowing. 

The OSC is responsible for facilitating disclosures of wrongdoing in the 

federal government. It also has jurisdiction under the Hatch Act to enforce 

restrictions on political activity by government employees. Finally, the OSC 

participates in enforcement of the Uniformed Services Employment and 

Reemployment Rights Act. 

 The OSC carries out its mission by: 

• investigating allegations of prohibited personnel practices and other improper 

employment practices within its jurisdiction, and seeking any appropriate 

corrective or disciplinary action; 

• providing an independent, secure channel for disclosure and resolution of 

wrongdoing in federal agencies; 

• interpreting and enforcing Hatch Act provisions on permissible and 

impermissible political activity; and 

• promoting greater understanding of the rights and responsibilities of 

government employees. 

• enforcing the law that protects service members reemployment rights 

1
INVESTIGATING AND PROSECUTING 

PROHIBITED PERSONNEL PRACTICES 

What are “prohibited personnel practices?” 

Prohibited personnel practices, including reprisal for whistleblowing, are defined 

by law at § 2302(b) of title 5 of the United States Code (U.S.C.). A personnel 

action (such as an appointment, promotion, reassignment, or suspension) may 

need to be involved for a prohibited personnel practice to occur. Generally 

stated, § 2302(b) provides that a federal employee authorized to take, direct 

others to take, recommend or approve any personnel action may not: 

(1) discriminate against an employee or applicant based on race, color, 

religion, sex, national origin, age, handicapping condition, marital status, 

or political affiliation; 

(2) solicit or consider employment recommendations based on factors other 

than personal knowledge or records of job-related abilities or 

 characteristics; 

(3) coerce the political activity of any person; 

(4) deceive or willfully obstruct anyone from competing for employment; 

(5) influence anyone to withdraw from competition for any position so as to 

improve or injure the employment prospects of any other person; 

(6) give an unauthorized preference or advantage to anyone so as to improve 

or injure the employment prospects of any particular employee or 

 applicant; 

(7) engage in nepotism (i.e., hire, promote, or advocate the hiring or 

promotion of relatives); 

2
(8) engage in reprisal for whistleblowing—i.e., take, fail to take, or threaten to 

take or fail to take a personnel action against an employee or applicant for 

disclosing to the Special Counsel, or to an Inspector General or 

comparable agency official (or others, except when disclosure is barred by 

law, or by Executive Order to avoid harm to the national defense or 

foreign affairs) information which the employee or applicant reasonably 

believes evidences a violation of any law, rule or regulation; gross 

mismanagement; a gross waste of funds; an abuse of authority; or a 

substantial and specific danger to public health or safety; 

(9) take, fail to take, or threaten to take or fail to take a personnel action 

against an employee or applicant for exercising an appeal, complaint, or 

grievance right; testifying for or assisting another in exercising such a 

right; cooperating with or disclosing information to the Special Counsel or 

to an Inspector General; or refusing to obey an order that would require 

the individual to violate a law; 

(10) discriminate on the basis of off-duty conduct which does not adversely 

affect job performance; 

(11) take or fail to take, recommend, or approve a personnel action, if taking 

or failing to take the action would violate a veterans’ preference 

 requirement; or 

(12) take or fail to take a personnel action, if taking or failing to take the action 

would violate any law, rule, or regulation implementing or directly 

concerning merit system principles at 5 U.S.C. §2301. 

Who can be protected by the OSC from prohibited 

personnel practices? 

The OSC has jurisdiction over prohibited personnel practices committed against 

most employees or applicants for employment in Executive Branch agencies and 

the Government Printing Office, but not against employees of— 

• the Central Intelligence Agency, Defense Intelligence Agency, National 

Security Agency, and certain other intelligence agencies excluded by the 

President; 

• the General Accounting Office; 

• the U.S. Postal Service and Postal Rate Commission; 

3
• the Federal Bureau of Investigation; and 

• government corporations. (Note, however, that employees and applicants in 

government corporations listed at 31 U.S.C. § 9101 are covered by statutory 

whistleblower protections.) 

How does the OSC handle a prohibited personnel 

practice complaint? 

Complaints Examining Unit (CEU). The CEU receives complaints filed with 

the OSC. (Procedures for filing prohibited personnel practice and other 

complaints are described at p. 15). The unit analyzes all allegations of prohibited 

personnel practices (as well as allegations of other activities prohibited by civil 

service law, rule or regulation). 

When necessary, a CEU examiner contacts the complainant to ensure 

that the examiner clearly understands the nature of and basis for each allegation. 

The examiner conducts further inquiry to the extent necessary to determine 

whether each allegation warrants additional investigation. 

Persons who have submitted allegations to the CEU will receive: 

• a letter acknowledging receipt of their complaint and identifying the staff 

member assigned to handle it, with information enclosed about how the 

complaint will be processed by the CEU; and 

• a status report after 90 days, and every 60 days thereafter while the matter is 

active; and 

• a letter advising that the matter has been referred to the OSC Investigation 

Division for further inquiry, with information enclosed about Investigation 

Division processes; or 

• a preliminary letter, with a final opportunity for input when the CEU proposes 

to close a matter without remedial action or referral to the Investigation and 

Prosecution Division; or 

• a letter advising that the OSC will take no further action because it lacks 

jurisdiction over the matter. 

4
The OSC asks everyone who seeks an investigation of a possible prohibited 

personnel practice to select one of three consent statements explaining 

necessary communications between OSC and the agency involved. (Consent 

statements are shown at the OSC’s Internet home page at www.osc.gov.) 

Alternative Dispute Resolution (ADR) Unit. After CEU has completed its 

examination, OSC offers mediation, as an alternative to investigation, in selected 

prohibited personnel cases. Participation in the OSC mediation program is 

completely voluntary for both the complainant and the agency. If both parties 

agree to mediate their dispute, the OSC assigns a neutral third party - a mediator 

- to facilitate a discussion between the parties to reach a mutually agreeable 

resolution to the complaint. For more information on mediation at the OSC, click 

on the Mediation Program link on the OSC Web site at www.osc.gov (under 

Forms and Publications), or request a Mediation Program brochure from the 

OSC ADR Unit. 

Investigation and Prosecution Division (IPD). After a thorough initial 

examination, the CEU refers matters indicating a potentially valid claim (under 

the laws enforced by the OSC) to OSC's Investigation and Prosecution Division 

Unit. This unit conducts investigations to review pertinent records and to 

interview complainants and witnesses with knowledge of the matters alleged. 

Matters not resolved during the investigative phase will undergo legal review and 

analysis to determine whether the IPD inquiry has established a violation of law, 

rule or regulation and whether the matter warrants corrective action, disciplinary 

action or both. Complainants will continue to receive 60-day status notices while 

matters are pending in the division. 

Can the OSC delay a personnel action pending 

investigation of the matter? 

An individual may request that the Special Counsel seek to delay, or “stay,” 

an adverse personnel action pending an OSC investigation. OSC will consider 

requesting a stay of a personnel action against an employee from an agency or 

from the U.S. Merit Systems Protection Board (MSPB) where: OSC has 

reasonable grounds to believe that a personnel action which was taken or will be 

taken constitutes a prohibited personnel practice and without a stay the 

employee will be subjected to removal; a suspension for more than 14 days; a 

reduction In grade; a significant reduction In pay; a geographic reassignment; the 

non-renewal of an appointment or an other personnel action which the 

complainant demonstrates will result in a serious, immediate hardship or where 

there exists a substantial likelihood a personnel action was taken or is to be 

taken, as a result of a prohibited personnel practice or where Special Counsel, in 

his sole discretion, otherwise determines that it would be appropriate and 

consistent with OSC's statutory mission to request a stay from the MSPB. If the 

5
agency does not agree to a delay, the OSC may then ask the MSPB to stay the 

action. (The OSC cannot stay a personnel action on its own authority.) 

How can the OSC remedy a prohibited personnel 

practice? 

General. Current and former federal employees and applicants for federal 

employment may report suspected prohibited personnel practices to the OSC 

(see p. 15 for details). The matter will be investigated, and if there is sufficient 

evidence to prove a violation, the OSC can seek corrective action, disciplinary 

action, or both. Alternatively, parties in selected cases may agree to mediate 

their dispute in order to reach a mutually agreeable resolution of the prohibited 

personnel practice complaint. 

Corrective action. The OSC may enter into discussions with an agency at any 

stage of a pending matter in pursuit of a resolution acceptable to all parties. The 

OSC follows a policy of early and firm negotiation to obtain appropriate corrective 

action (and/or disciplinary action) for apparent violations. If an agency fails to 

remedy a prohibited personnel practice upon request by the OSC, corrective 

action may also be obtained through litigation before the MSPB. Such litigation 

begins with the filing of a petition by the OSC, alleging that there are reasonable 

grounds to believe that a prohibited personnel practice has occurred, exists, or is 

about to occur. 

Corrective actions that can be ordered by the MSPB include job restoration, 

reversal of suspensions and other adverse actions, reimbursement of attorney’s 

fees, back pay, and medical and other costs and damages. 

How are allegations of whistleblower retaliation 

remedied? 

 The Whistleblower Protection Act also allows current or former federal 

employees and applicants for employment who allege that they were subjected 

to any personnel action because of whistleblowing to seek corrective action in an 

appeal to the MSPB. Such an appeal is known as an “individual right of action” 

(IRA). 

By law, the employee or applicant must seek corrective action from the OSC 

before filing an IRA. The IRA may be filed— 

• after the OSC closes a matter in which reprisal for whistleblowing has been 

alleged; or 

6
• if the OSC has not notified the complainant within 120 days of receiving an 

allegation of whistleblower reprisal that it will seek corrective action. 

A federal employee or applicant for employment engages in whistleblowing 

when the individual discloses to the Special Counsel or an Inspector General or 

comparable agency official (or to others, except when disclosure is barred by 

law, or by Executive Order to avoid harm to the national defense or foreign 

affairs) information which the individual reasonably believes evidences the 

following types of wrongdoing: 

• a violation of 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. 

Procedures for filing an IRA are set forth in MSPB regulations at 5 C.F.R. Part 

1209. (In considering an IRA, it should be noted that the MSPB may refuse to 

take jurisdiction over any matters not specifically raised before the OSC.) 

Disciplinary action. The OSC may seek disciplinary action against any 

employee believed to be responsible for committing a prohibited personnel 

practice. The OSC begins a disciplinary action case by filing a complaint with the 

MSPB, charging an employee with the commission of a prohibited personnel 

practice, and seeking disciplinary action against that person. Rights of 

employees against whom the OSC seeks disciplinary action in these cases are 

set forth in MSPB regulations, at 5 C.F.R. Part 1201, Subpart D. 

In the alternative, at any time during its investigation of a matter, the OSC 

may authorize the agency involved to take disciplinary action against an 

employee believed to be responsible for committing a prohibited personnel 

practice. (Pursuant to 5 U.S.C. § 1214(f), during any OSC investigation under 

title 5, an agency may not take disciplinary action against any employee for any 

alleged prohibited activity under investigation, or for any related activity, without 

approval from the OSC.) 

Intervention. Pursuant to 5 U.S.C. § 1212(c), the Special Counsel may 

intervene as a matter of right, or otherwise participate in most proceedings before 

the MSPB. The Special Counsel may not intervene in certain proceedings (IRAs 

brought under 5 U.S.C. § 1221, or matters otherwise appealable to the MSPB 

under 5 U.S.C. § 7701) without the consent of the person initiating the 

proceedings. 

7
Can employees seek relief from the OSC for a 

prohibited personnel practice if they are covered 

by a collective bargaining agreement? 

Pursuant to 5 U.S.C. § 7121(g), employees covered by a collective bargaining 

agreement must choose one of three avenues: an OSC complaint, an MSPB 

appeal, or a grievance under the collective bargaining agreement. 

What is the OSC’s policy about allegations of 

discrimination under § 2302(b)(1)? 

Race, color, religion, sex, national origin, age, handicapping condition. The 

OSC is statutorily authorized to investigate allegations of discrimination based on 

race, color, religion, sex, national origin, age, or handicapping condition (see (1) 

under “What are prohibited personnel practices?”, above). However, procedures 

for investigating such complaints have already been established in federal 

agencies and the Equal Employment Opportunity Commission (EEOC). 

Therefore, to avoid duplicating those investigative processes, the OSC 

follows a general policy of deferring complaints involving discrimination to those 

agencies’ procedures. 

Marital status, political affiliation. Allegations of discrimination based on 

marital status, and political affiliation are not within the jurisdiction of the EEOC. 

Such allegations, however, may be prohibited personnel practices or other 

violations of law subject to investigation by the OSC. 

Discrimination under § 2302(b)(10), for off-duty 

conduct, can also be investigated by OSC. 

For example, Jack's employment is terminated because he attended a "Gay 

Pride" march; or he attended a "Pro-Life" event; or he attended an animal rights 

rally; or he attended a gun-owners' rights meeting. 

What do I do if I believe my veterans' preference 

rights were violated? 

You should file a complaint with U.S. Department of Labor, Veterans 

Employment and Training Service. 

8
The Veterans Employment Opportunities Act of 1998 (VEOA), 5 U.S.C. § 

3330 et seq., created a new avenue of administrative redress specifically for a 

preference eligible who alleges that a federal agency violated such individual's 

rights under any statute or regulation relating to a veterans' preference eligible. 

Under the VEOA, in order to seek corrective action, a preference eligible is to 

file a written complaint with the U.S. Department of Labor, Veterans Employment 

and Training Service (VETS), within 60 days of the alleged violation. VEOA 

requires the Secretary of Labor, through VETS to investigate the complaint and, 

upon determining that a violation occurred, to attempt to resolve the complaint by 

making reasonable efforts to ensure that the agency complies with the statute or 

regulation relating to veterans' preference. If the Secretary is unable to resolve a 

complaint within 60 days, the Secretary is to provide notification of an 

unsuccessful effort to resolve the complaint to the complainant. 

In light of the VEOA, OSC does not investigate allegations of violations of 

veterans' preference rights for corrective action purposes. (We still investigate 

such allegations for possible disciplinary action, however.) Thus, you should file a 

complaint alleging a violation of a veterans' preference rights with VETS, not 

OSC. 

Additional information about VETS can be found at 

http://www.dol.gov/dol/vets. 

What other violations does the OSC have 

jurisdiction to investigate? 

Pursuant to 5 U.S.C. § 1216, the OSC may also investigate and seek appropriate 

corrective and disciplinary action for— 

• activities prohibited by any civil service law, rule, or regulation (including any 

activity relating to political intrusion in personnel decision making); 

• arbitrary or capricious withholding of information under the Freedom of 

Information Act; and 

• involvement by any employee in any prohibited discrimination found by a 

court or administrative authority to have occurred in the course of any 

personnel action. The OSC is also authorized by 38 U.S.C.§4324 to 

investigate and litigate cases referred by the Department of Labor, involving 

the reemployment rights of veterans and reservists returning to the federal 

workplace after active duty. 

9
Are federal employees required to cooperate with 

OSC investigations? 

Federal employees are required by Civil Service Rule 5.4 to provide to the 

OSC any information, testimony, documents, and material, the disclosure of 

which is not otherwise prohibited by law or regulation, in investigations of matters 

under civil service law, rule, or regulation. The same rule requires federal 

agencies to make employees available to testify, and to provide pertinent records 

to the OSC. 

Title 5 of the U.S. Code authorizes the OSC to issue subpoenas for 

documents and the attendance and testimony of witnesses. During an 

investigation, the OSC may require employees and others to testify under oath, 

sign written statements, or respond formally to written questions. 

What legal responsibilities do federal agencies 

have to prevent prohibited personnel practices? 

Section 2302(c) of title 5 requires federal agency heads, and officials with 

delegated authority for any aspect of personnel management, to: 

• prevent prohibited personnel practices, including reprisal for whistleblowing; 

• comply with and enforce civil service laws, rules and regulations; and 

• ensure (in consultation with the OSC) that federal employees are informed of 

their rights and remedies. The OSC has developed easy-to-use information 

and training guide for use by agencies in carrying out the duty of informing 

employees of their rights and remedies under title 5 (see p. 19 for information 

on availability). On request, the OSC may also make its personnel available 

to assist in conducting such training. 

RECEIVING WHISTLEBLOWER DISCLOSURES 

Who can use the OSC’s whistleblower 

disclosure channel? 

10
Current and former federal employees and applicants for employment can 

confidentially report wrongdoing in federal agencies to the OSC. The OSC serves 

as a secure channel that can be used to disclose a violation of any law, rule, or 

regulation; gross mismanagement; a gross waste of funds; an abuse of authority; 

or a substantial and specific danger to public health or safety. Whistleblower 

disclosures to the OSC must be made in writing (see p. 20 for contact 

information). Such information can be reported to the OSC without fear of 

reprisal, or disclosure of the source’s identity without that person’s consent. 

How are whistleblower disclosures handled by the 

OSC? 

The OSC is not authorized to investigate allegations reported through its 

whistleblower disclosure channel. However, the OSC can require the head of the 

agency concerned to investigate the matter if the OSC determines that there is a 

substantial likelihood that the information discloses a violation of any law, rule, or 

regulation; gross mismanagement; a gross waste of funds; an abuse of authority; 

or a substantial and specific danger to public health or safety. In these cases, 

the head of the agency is required to submit a report of the agency’s findings to 

the OSC. By law, employees or applicants may review and comment on agency 

reports resulting from information disclosed by them to the OSC. Their 

comments, together with any comments or recommendations by the Special 

Counsel, are sent with the agency report to the President and appropriate 

congressional oversight committees. The agency report is also made available to 

the public, as required by law. 

ADVISING ON AND ENFORCING THE HATCH ACT 

What is the Hatch Act? 

The Hatch Act governs political activity by government employees at the 

federal, state and local levels. Under amendments enacted by Congress in 1993, 

most federal and District of Columbia (D.C.) government employees are 

permitted (with significant limitations discussed at pp. 11-14) to take an active 

part in partisan political management and campaigns. However, certain federal 

agencies and categories of employees continue to be prohibited from taking an 

active part in partisan political management and partisan campaigns (see p. 14). 

11
The Hatch Act also restricts political activity by certain state or local 

government employees employed in connection with programs financed by 

federal funds. These employees are not permitted to coerce the political activities 

of others, or to be candidates for public office in partisan elections. 

What is the OSC’s role? 

The OSC is authorized by law to provide Hatch Act advisory opinions. These 

opinions respond to questions from government employees and others about 

whether or not they may engage in specific political activities under the act. 

The OSC also enforces Hatch Act provisions on permissible and 

impermissible political activity by government employees. It is the only agency 

authorized to prosecute violations of the act, which are adjudicated by the MSPB. 

What restrictions apply to employees of the 

federal government and the District of Columbia? 

Under the Hatch Act, as amended (5 U.S.C. §7321, et seq.), most federal and 

D.C. government employees (with certain exceptions noted at p.13) may take an 

active part in partisan political management and campaigns. They may: 

• be candidates for public office in nonpartisan elections; 

• register and vote as they choose; 

• assist in voter registration drives; 

• express opinions about candidates and issues; 

• contribute money to political organizations; 

• attend political fundraising functions; 

• attend and be active at political rallies and meetings; 

• join and be active members of political parties and clubs; 

• sign nominating petitions; 

12
• campaign for or against referendum questions, constitutional amendments, or 

municipal ordinances; 

• campaign for or against candidates in partisan elections; 

• make campaign speeches for candidates in partisan elections; 

• distribute campaign literature in partisan elections; and 

• hold office in political parties or clubs. 

There continues to be important restrictions on employees’ political activity. 

Whether on-duty or off-duty, employees may not:

• use their official authority or influence to interfere with or affect the result of an 

election; 

• solicit, accept or receive political contributions from anyone (with a very 

narrow exception in certain circumstances for solicitations of other federal 

employees for contributions to federal labor organizations and certain other 

employee organizations); 

• knowingly solicit or discourage political activity of anyone who has business 

before their agency; 

• run for public office in a partisan political election. 

Except for certain officials at the highest levels of government, employees 

may not engage in political activity while: 

• on duty; 

• in a government office; 

• wearing insignia identifying their office or position; or 

• using a government vehicle. 

Employees of the following agencies are prohibited from engaging in partisan 

political activity: Federal Election Commission; Federal Bureau of Investigation; 

Secret Service; Central Intelligence Agency; National Security Council; National 

Security Agency; Defense Intelligence Agency; Merit Systems Protection Board; 

Office of Special Counsel; Office of Criminal Investigation of the Internal Revenue 

Service; Office of Investigative Programs of the United States Customs Service; 

Office of Law Enforcement of the Bureau of Alcohol, Tobacco and Firearms; 

13
Criminal Division of the Department of Justice; and the National Imagery and 

Mapping Agency. 

The following categories of employees are also prohibited from engaging in 

partisan political activity: career members of the Senior Executive Service, 

Administrative Law Judges, and members of Contract Appeals Boards. 

If the MSPB finds that a federal or D.C. 

government employee has violated the Hatch Act, 

what penalties may the Special Counsel request? 

The Special Counsel may ask the MSPB to impose any penalty ranging from 

a 30-day suspension without pay to removal from federal service. 

What restrictions apply to state and local 

government employees? 

Pursuant to 5 U.S.C. § 1501, et seq., persons principally employed by state or 

local executive agencies in connection with programs wholly or partly financed by 

federal funds may not:

• use their official authority or influence for the purpose of interfering with or 

affecting the result of an election or a nomination for office; 

• directly or indirectly coerce, attempt to coerce, command, or advise a state or 

local employee to pay, lend, or contribute anything of value to a party, 

committee, organization, agency, or person for political purposes; or 

• be candidates for public office in partisan elections. 

If the MSPB finds that a state or local government 

employee has violated the Hatch Act, what 

penalties may the Special Counsel request? 

The Special Counsel may ask the MSPB to order the withholding of federal 

funds from a state or local agency if: 

• the agency has failed to remove an employee found by the MSPB to have 

engaged in prohibited political activity, or 

14
• after removal, such employee is re-employed within 18 months by a state or 

local agency in the same state. 

Who may file a Hatch Act complaint with the 

OSC? 

Anyone who believes that a violation of the Hatch Act has occurred may 

file a complaint (see below for details). The OSC will investigate and, if 

warranted, prosecute the offender for violating the law. 

What is the Uniform Services Employment and 

Reemployment Rights Act? 

The Uniformed Services Employment and Reemployment Rights Act 

(USERRA) is the federal law that protects the employment and reemployment 

rights of National Guard, Armed Forces Reserve, and other uniformed service 

members who leave their civilian jobs to perform uniformed service. USERRA 

also proscribes discrimination on the basis of past, current, or future uniformed 

service. OSC’s USERRA Unit prosecutes meritorious USERRA claims brought 

against federal agencies. Pursuant to a demonstration project that operates until 

September 30, 2007, the USERRA Unit also investigates certain federal sector 

USERRA cases. 

HOW TO FILE A PROHIBITED PERSONNEL 

PRACTICE, HATCH ACT, OR OTHER COMPLAINT 

Individuals may report suspected unlawful activity (including prohibited 

personnel practices and Hatch Act violations) to the OSC without being 

represented by an attorney. Complaints of such activities should be submitted to 

the OSC in writing. Although the use of an OSC complaint form is not required, 

one will be provided upon request. The form can also be found at the OSC home 

page on the Internet (see p. 18 for site address). 

The following information should be included in the written submission: 

15
• the full name and address of the person requesting OSC action, and a phone 

number at which the person may be contacted; 

• the name and address or location of the government agency involved, 

including the specific office or activity that is the subject of the request for 

assistance; 

• the job title, pay grade and employment status of the employee(s) affected by 

the allegedly prohibited action(s); 

• an indication whether the information submitted to the OSC involves— 

• a prohibited personnel practice or other violation of civil service law, 

rule or regulation; 

• prohibited political activity under the Hatch Act; or 

• a violation of any other law, rule or regulation under the OSC’s 

jurisdiction. 

• a brief and accurate statement of the facts supporting the report of a 

prohibited activity, including— 

• a concise description of the events that took place, with dates; 

• the name(s) of the person(s) involved, and anyone with relevant 

information; and 

• any pertinent documentary evidence or information currently in 

possession of the person requesting OSC action; 

• for reports of a prohibited personnel practice— 

• a description, with date(s), of the specific personnel action(s) taken or 

proposed, if any; 

• a description, with date(s), of any whistleblower disclosure by the 

complainant—i.e., a disclosure of a violation of law, rule or regulation, 

gross mismanagement, gross waste of funds, abuse of authority, or 

substantial and specific danger to public health or safety involved 

(limited to allegations of reprisal for whistleblower disclosures); 

• whether the complainant is covered by a collective bargaining 

agreement; and 

16
• whether the matter reported has been appealed, grieved or reported 

under any other procedure, and if so, what action or actions have been 

taken. 

To expedite investigations, persons filing complaints with the OSC are 

encouraged to respond promptly to requests for additional information. The OSC 

depends upon complete and accurate information to determine if a matter falls 

within its authority or if further action is appropriate. 

All complaints and requests for appropriate forms should be directed to 

the OSC Officer of the Week at: 

Complaints Examining Unit 

U.S. Office of Special Counsel 

1730 M Street, NW (Suite 218) 

Washington, DC 20036-4505 

Tel: (800) 872-9855 (TDD-equipped) 

 (202) 254-3670 (TDD-equipped) 

Fax: (202) 653-0015 

HOW TO MAKE A WHISTLEBLOWER 

DISCLOSURE 

Disclosures of information evidencing violations of any law, rule or regulation, 

gross mismanagement, gross waste of funds, abuse of authority, or a substantial 

and specific danger to public health or safety may be reported in confidence to: 

 Disclosure Unit 

U.S. Office of Special Counsel 

1730 M Street, NW (Suite 218) 

Washington, DC 20036-4505 

 Tel: (800) 572-2249 

 (202) 254-3640 

 Fax: (202) 653-5151 

HOW TO OBTAIN A HATCH ACT ADVISORY 

OPINION 

Individuals may request advice about permissible and impermissible 

political activity under the Hatch Act, and receive an oral or written opinion, as 

appropriate, from the OSC. Requests may be submitted to: 

17
Hatch Act Unit 

U.S. Office of Special Counsel 

1730 M Street, NW (Suite 218) 

Washington, DC 20036-4505 

Tel: (800) 85-HATCH [(800) 854-2824] 

 (202) 254-3650 

 Fax: (202) 653-5151 

E-mail: hatchact@osc.gov

HOW TO REPORT A USERRA VIOLATION 

USERRA Unit 

U.S. Office of Special Counsel 

1730 M Street, NW (Suite 218) 

Washington, DC 20036-4505 

 Tel: (202) 254-3620 

 Fax: (202) 653-5151 

E-mail: userra@osc.gov

HOW TO OBTAIN OSC PUBLICATIONS 

On the Internet (at www.osc.gov): 

Forms 

• Complaint Form 

• Whistleblower Disclosure Form 

• How Your Complaint Will Be Processed By the Office of Special Counsel 

• What To Expect Now That Your Complaint Has Been Referred For Further 

Investigation 

• What To Expect Now That Your Case Has Been Referred To OSC’s 

Prosecution Division 

• Policy Statement Concerning the Disclosure of Information Regarding 

Personnel Practice Complaints 

• Policy Statement on Disclosure and Use of Information From OSC Files 

Brochures

• The Role of the U.S. Office of Special Counsel 

18
• Employee Rights and Remedies Under 5 U.S.C., Chapters 12 and 23 

(Training Guide) 

• Political Activity and the Federal Employee 

• Political Activity and the State and Local Employee 

Through the U.S. Government Printing Office (GPO): 

• The Role of the U.S. Office of Special Counsel (GPO # 028-004-00105-9) 

• Employee Rights and Remedies Under 5 U.S.C., Chapters 12 and 23 (GPO 

# 062-000-00050-3) 

• Political Activity and the Federal Employee (GPO #062-000-00048-1) 

• Political Activity and the State and Local Employee (GPO #062-000-00049-0) 

OSC ONLINE 

Further information about the OSC is available on the agency’s Internet home 

page. In addition to OSC forms and publications, the site includes a link to the 

OSC e-mail address for Hatch Act advisory opinions. The full address for the 

home page is: http://www.osc.gov. 

HOW TO REQUEST OSC SPEAKERS 

Requests for OSC speakers at training sessions, conferences and similar events 

should be sent to: 

 Outreach Specialist 

U.S. Office of Special Counsel 

1730 M Street, NW (Suite 218) 

Washington, DC 20036-4505 

Tel: (202) 254-3600 

 Fax: (202) 653-5161 

OSC PHONE NUMBERS TO NOTE

Complaints Examining Unit (CEU): (202) 254-3670 

 (TDD-equipped) 

CEU (Toll-Free): (800) 872-9855 

 (TDD-equipped) 

Hatch Act (HA) Unit: (202) 254-3650 

HA (Toll-Free): (800) 85-HATCH 

 (800) 854-2824 

19
20

Disclosure Hotline (DH): (202) 254-3640 

DH (Toll-Free): (800) 572-2249 

USERRA Unit: (202) 254-3620

OSC FIELD OFFICES 

 Dallas Field Office 

 525 Griffin Street, Room 824, Box # 103 

 Dallas, TX 75202 

 (214) 747-1519 

 San Francisco Bay Area Field Office 

 1301 Clay Street (Suite 365S) 

 Oakland, CA 94612-5217 

 (510) 637-3460 

 Detroit Field Office 

 477 Michigan Avenue (Suite 495) 

 Detroit, MI 48226 

 (313) 226-4496 

QUESTIONS ABOUT OSC?

Call Customer Service Unit (CSU): (202) 254-3600 

This pamphlet is provided to the public as a general guide. It is not 

intended to create any rights, benefits or privileges, and should not be 

considered a regulatory or other legal authority. 

 (01/06)