Filing of Complaints of Prohibited Personnel Practices or Other Prohibited Activities and Filing Disclosures of Information, 26739-26741 [2017-11978]
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26739
Rules and Regulations
Federal Register
Vol. 82, No. 110
Friday, June 9, 2017
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
OFFICE OF SPECIAL COUNSEL
5 CFR Part 1800
Filing of Complaints of Prohibited
Personnel Practices or Other
Prohibited Activities and Filing
Disclosures of Information
U.S. Office of Special Counsel.
Final rule.
AGENCY:
ACTION:
This final rule revises the U.S.
Office of Special Counsel’s (OSC’s)
regulations regarding the filing of
complaints and disclosures with OSC,
and updates OSC’s prohibited personnel
practice provisions. In accordance with
the Paperwork Reduction Act of 1995,
and Office of Management and Budget
(OMB) implementing regulations, OSC
sought approval from OMB for a new,
dynamic electronic form to be used for
filing complaints and disclosures. This
new form, Form OSC–14, will replace
Forms OSC–11, OSC–12, and OSC–13,
which were previously approved by
OMB.
SUMMARY:
DATES:
This rule is effective July 17,
2017.
FOR FURTHER INFORMATION CONTACT:
Susan K. Ullman, General Counsel, U.S.
Office of Special Counsel, by telephone
at 202–254–3600, by facsimile at (202)
254–3711, or by email at sullman@
osc.gov.
SUPPLEMENTARY INFORMATION:
jstallworth on DSK7TPTVN1PROD with RULES
Background
The final rule makes minor changes to
the existing language in 5 CFR
1800.1(c)(1) through (5) and (d), and
1800.2(b)(1) and (2) by replacing
references to, and information about, the
legacy OSC forms with references to,
and information about, the new form
established by OSC. The final rule refers
to forms established by OSC and covers
the new form that OSC submitted to
OMB for approval. The final rule will
enable OSC to revise its forms in the
future, while still providing for public
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Jkt 241001
notice and OMB review of future
revisions. The final rule also updates
the prohibited personnel practice
provisions, at 5 CFR 1800.1(a)(13),
based on the requirements of 5 U.S.C.
2302(b)(13) regarding nondisclosure
forms, policies, or agreements. OSC
received no comments from members of
the public or other Agencies on the final
rule or the new form.
The final rule also corrects minor
typographical errors, including updating
telephone and fax numbers and email
contact information for Hatch Act
complaints.
OSC is an independent agency
responsible for, among other things: (1)
Investigation of allegations of prohibited
personnel practices defined by law at 5
U.S.C. 2302(b); (2) processing of
whistleblower disclosures under 5
U.S.C. 1213; and (3) the interpretation
and enforcement of Hatch Act
limitations on political activity in
chapters 15 and 73 of title 5 of the U.S.
Code.
Procedural Determinations
Administrative Procedure Act (APA):
This action is taken under the Special
Counsel’s authority at 5 U.S.C. 1212(e)
to publish regulations in the Federal
Register.
Executive Order 12866 (Regulatory
Planning and Review): This final rule is
exempt from review under Executive
Order 12866.
Congressional Review Act (CRA): This
final rule is not a major rule under the
Congressional Review Act, as it is
unlikely to result in an annual effect on
the economy of $100 million or more; is
unlikely to result in a major increase in
costs or prices for consumers,
individual industries, federal, state, or
local government agencies or geographic
regions; and is unlikely to have a
significant adverse effect on
competition, employment, investment,
productivity, or innovation, or on the
ability of U.S.-based enterprises to
compete in domestic and export
markets.
Regulatory Flexibility Act (RFA): A
regulatory flexibility analysis was not
required and none was prepared.
Unfunded Mandates Reform Act
(UMRA): This final rule does not impose
any federal mandates on state, local, or
tribal governments, or on the private
sector within the meaning of the UMRA.
National Environmental Policy Act
(NEPA): This final rule will have no
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physical impact upon the environment
and therefore will not require any
further review under NEPA.
Paperwork Reduction Act (PRA): OSC
submitted this final rule and collection
to OMB for review pursuant to the
Paperwork Reduction Act, 44 U.S.C.
3501, et seq. OSC did not receive any
comments regarding the proposed rule,
the new form, or the information
collection.
Title of Collection: Form OSC–14:
Electronic Submission of Allegations
and Disclosures.
The new electronic form will be
available on publication of this rule on
the OSC Web site at https://www.osc.gov.
Type of Information Collection
Request: Approval of new collection of
information to replace a previouslyapproved collection of information.
Affected Public: Current and former
Federal employees, applicants for
Federal employment, state and local
government employees, and their
representatives, and the general public.
Respondent’s Obligation: Voluntary.
Estimated Annual Number of Form
OSC–14 Respondents: 6,000 (estimated
prohibited personnel practice filers =
4,000; estimated disclosure filers =
1,835; and estimated Hatch Act filers =
165). OSC based these estimates on a
review of recent Annual Reports and an
analysis of developing trends for this
year.
Frequency of Use of Form OSC–14:
Daily.
Estimated Average Amount of Time
for a Person to Respond Using Form
OSC–14: For prohibited personnel
practice and other prohibited activities
allegations, one hour and 15 minutes;
for whistleblower disclosures, one hour;
and for Hatch Act allegations, 30
minutes to complete the form. OSC
based these estimates on testing
completed by OSC employees during
the development of the collection form.
Estimated Annual Burden for Filing
Form OSC–14: 6,917.5 hours.
Abstract: The electronic form must be
used by current and former Federal
employees and applicants for Federal
employment to submit allegations of
possible prohibited personnel practices
or other prohibited activity for
investigation and possible prosecution
by OSC, and to file disclosures of
covered wrongdoing for review and
possible referral to heads of agencies.
The form may also be used by
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26740
Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations
individuals to file complaints under the
Hatch Act.
Executive Order 13132 (Federalism):
This final rule does not have new
federalism implications under Executive
Order 13132.
Executive Order 12988 (Civil Justice
Reform): This final rule meets
applicable standards of 3(a) and 3(b)(2)
of Executive Order 12988.
List of Subjects in 5 CFR Part 1800
Administrative practice and
procedure, Government employees,
Investigations, Law enforcement,
Political activities (Government
employees), Reporting and
recordkeeping requirements,
Whistleblowing.
OSC amends 5 CFR part 1800 as
follows:
PART 1800—FILING OF COMPLAINTS
AND ALLEGATIONS
1. The authority citation for 5 CFR
part 1800 continues to read as follows:
■
Authority: 5 U.S.C. 1212(e).
2. Section 1800.1 is revised to read as
follows:
■
jstallworth on DSK7TPTVN1PROD with RULES
§ 1800.1 Filing complaints of prohibited
personnel practices or other prohibited
activities.
(a) Prohibited personnel practices.
The Office of Special Counsel (OSC) has
investigative jurisdiction over the
following prohibited personnel
practices committed against current or
former Federal employees and
applicants for Federal employment:
(1) Discrimination, including
discrimination based on marital status
or political affiliation (see § 1810.1 of
this chapter for information about OSC’s
deferral policy);
(2) Soliciting or considering improper
recommendations or statements about
individuals requesting, or under
consideration for, personnel actions;
(3) Coercing political activity, or
engaging in reprisal for refusal to engage
in political activity;
(4) Deceiving or obstructing anyone
with respect to competition for
employment;
(5) Influencing anyone to withdraw
from competition to improve or injure
the employment prospects of another;
(6) Granting an unauthorized
preference or advantage to improve or
injure the employment prospects of
another;
(7) Nepotism;
(8) Reprisal for whistleblowing
(whistleblowing is generally defined as
the disclosure of information about a
Federal agency by an employee or
applicant who reasonably believes that
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the information shows a violation 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);
(9) Reprisal for:
(i) Exercising certain appeal rights;
(ii) Providing testimony or other
assistance to persons exercising appeal
rights;
(iii) Cooperating with the Special
Counsel or an Inspector General; or
(iv) Refusing to obey an order that
would require the violation of law;
(10) Discrimination based on personal
conduct not adverse to job performance;
(11) Violation of a veterans’
preference requirement;
(12) Taking or failing to take a
personnel action in violation of any law,
rule, or regulation implementing or
directly concerning merit system
principles at 5 U.S.C. 2301(b); and
(13) Implementing or enforcing
nondisclosure policies, forms, or
agreements that do not contain the
statement required by 5 U.S.C.
2302(b)(13).
(b) Other prohibited activities. OSC
also has investigative jurisdiction over
allegations of the following prohibited
activities:
(1) Violation of the Federal Hatch Act
at title 5 of the U.S. Code, chapter 73,
subchapter III;
(2) Certain state and local violations
of the Hatch Act at title 5 of the U.S.
Code, chapter 15;
(3) Arbitrary and capricious
withholding of information prohibited
under the Freedom of Information Act at
5 U.S.C. 552 (except for certain foreign
and counterintelligence information);
(4) Activities prohibited by any civil
service law, rule, or regulation,
including any activity relating to
political intrusion in personnel decision
making;
(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 (unless the
Special Counsel determines that the
allegation may be resolved more
appropriately under an administrative
appeals procedure); and
(6) Violation of uniformed services
employment and reemployment rights
under 38 U.S.C. 4301, et seq.
(c) Procedures for filing complaints
alleging prohibited personnel practices
or other prohibited activities (other than
the Hatch Act). (1) Current or former
Federal employees, and applicants for
Federal employment, may file a
complaint with OSC alleging one or
more prohibited personnel practices, or
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other prohibited activities within OSC’s
investigative jurisdiction. The Form
OSC–14 must be used to file all such
complaints (except those limited to an
allegation or allegations of a Hatch Act
violation—see paragraph (d) of this
section for information on filing Hatch
Act complaints).
(2) Forms filed in connection with
allegations of reprisal for
whistleblowing must identify:
(i) Each disclosure involved;
(ii) The date of each disclosure;
(iii) The person to whom each
disclosure was made; and
(iv) The type and date of any
personnel action that occurred because
of each disclosure.
(3) OSC will not process a complaint
filed in any format other than a
completed OSC Form–14. If a filer does
not use the OSC Form–14 to submit a
complaint, OSC will provide the filer
with information about the OSC Form–
14. OSC will consider the complaint
filed on the date on which OSC receives
a completed OSC Form–14.
(4) OSC Form–14 is available:
(i) At: https://www.osc.gov (to
complete online);
(ii) By calling OSC at: (800) 872–9855
(toll-free); or
(iii) By writing to OSC, at: U.S. Office
of Special Counsel, 1730 M Street NW.,
Suite 218, Washington, DC 20036–4505.
(5) A complainant can file a
completed OSC Form–14 with OSC by
any of the following methods:
(i) Electronically, at: https://
www.osc.gov;
(ii) By fax, to: (202) 254–3711; or
(iii) By mail, to: U.S. Office of Special
Counsel 1730 M Street NW., Suite 218,
Washington, DC 20036–4505.
(d) Procedures for filing complaints
alleging violation of the Hatch Act. (1)
Complaints alleging a violation of the
Hatch Act may be submitted in any
written form, but use of OSC Form–14
is encouraged. Complaints should
include:
(i) The complainant’s name, mailing
address, telephone number, and a time
when OSC can contact that person about
his or her complaint (unless the matter
is submitted anonymously);
(ii) The department or agency,
location, and organizational unit
complained of; and
(iii) A concise description of the
actions complained about, names and
positions of employees who took the
actions, if known to the complainant,
and dates of the actions, preferably in
chronological order, together with any
documentary evidence that the
complainant can provide.
(2) OSC Form–14 for filing a
complaint is available as described in
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Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules and Regulations
paragraphs (c)(4)(i) through (iii) of this
section.
(3) A written Hatch Act complaint
may be filed with OSC:
(i) Electronically, at: https://
www.osc.gov;
(ii) By fax, to: (202) 254–3700;
(iii) By email, to: hatchact@osc.gov; or
(iv) By mail, to: U.S. Office of Special
Counsel, Hatch Act Unit, 1730 M Street
NW., Suite 218, Washington, DC 20036–
4505.
3. Section 1800.2 is revised to read as
follows:
■
jstallworth on DSK7TPTVN1PROD with RULES
§ 1800.2
Filing disclosures of information.
(a) General. OSC is authorized by law
(at 5 U.S.C. 1213) to provide an
independent and secure channel for use
by current or former Federal employees
and applicants for Federal employment
in disclosing information that they
reasonably believe shows wrongdoing
by a Federal agency. OSC must
determine whether there is a substantial
likelihood that the information discloses
a violation 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. If it does, the law
requires OSC to refer the information to
the agency head involved for
investigation and a written report on the
findings to the Special Counsel. The law
does not authorize OSC to investigate
the subject of a disclosure.
(b) Procedures for filing disclosures.
Current or former Federal employees,
and applicants for Federal employment,
may file a disclosure of the type of
information described in paragraph (a)
of this section with OSC. Such
disclosures must be filed in writing
(including electronically—see paragraph
(b)(3)(i) of this section).
(1) Filers are encouraged to use OSC
Form–14 to file a disclosure of the type
of information described in paragraph
(a) of this section with OSC. OSC Form–
14 provides more information about
OSC jurisdiction, and procedures for
processing whistleblower disclosures.
OSC Form–14 is available:
(i) Online, at: https://www.osc.gov;
(ii) By calling OSC, at: (800) 572–2249
(toll-free), or (202) 254–3640; or
(iii) By writing to OSC, at: U.S. Office
of Special Counsel, 1730 M Street NW.,
Suite 218, Washington, DC 20036–4505.
(2) Filers may use another written
format to submit a disclosure to OSC,
but the submission should include:
(i) The name, mailing address, and
telephone number(s) of the person(s)
making the disclosure(s), and a time
when OSC can contact that person about
his or her disclosure;
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(ii) The department or agency,
location and organizational unit
complained of; and
(iii) A statement as to whether the
filer consents to disclosure of his or her
identity by OSC to the agency involved,
in connection with any OSC referral to
that agency.
(3) A disclosure may be filed in
writing with OSC by any of the
following methods:
(i) Electronically, at: https://
www.osc.gov (for completion and filing
electronically);
(ii) By fax, to: (202) 254–3711; or
(iii) By mail, to: U.S. Office of Special
Counsel, 1730 M Street NW., Suite 218,
Washington, DC 20036–4505.
Dated: June 2, 2017.
Bruce Gipe,
Chief Operating Officer.
[FR Doc. 2017–11978 Filed 6–8–17; 8:45 am]
BILLING CODE 7405–01–P
DEPARTMENT OF THE INTERIOR
Bureau of Safety and Environmental
Enforcement
30 CFR Part 250
[17XE1700DX EX1SF0000.DAQ000
EEEE50000]
RIN 1014–AA35
Oil and Gas and Sulphur Operations in
the Outer Continental Shelf—Lease
Continuation Through Operations
Bureau of Safety and
Environmental Enforcement, Interior.
ACTION: Final rule.
AGENCY:
As specifically mandated by
the Consolidated Appropriations Act of
2017, this final rule revises the
requirements contained in the Bureau of
Safety and Environmental Enforcement
regulations relating to maintaining a
lease beyond its primary term through
continuous operations by changing all
of the references to the period of time
before which a lease expires due to
cessation of operations from ‘‘180 days’’
and ‘‘180th day’’ to a ‘‘year’’ and from
‘‘180-day period’’ to a ‘‘1-year period.’’
DATES: This rule is effective on June 9,
2017.
FOR FURTHER INFORMATION CONTACT:
Dennis Yang, Regulations and Standards
Branch, Bureau of Safety and
Environmental Enforcement, (713) 220–
9203 or by email: regs@bsee.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
On May 5, 2017, the President signed
into law the Consolidated
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Fmt 4700
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26741
Appropriations Act of 2017 (‘‘the
CAA’’), Public Law 115–31. Section 121
(‘‘Continuous Operations’’) of the CAA
directs the Secretary of the Interior to
revise 30 CFR 250.180. Specifically,
Section 121 of the CAA states that,
‘‘[n]ot later than 30 days after the date
of enactment of this Act, the Secretary
of the Interior shall amend the
regulations issued under section
250.180 of title 30, Code of Federal
Regulations. . . .’’ Section 121 also
specifies the precise language that must
be used in revising § 250.180. Within
the Department of the Interior
(Department), the Assistant Secretary for
Land and Minerals Management
(ASLMM), is responsible for
promulgating and revising the
regulations in 30 CFR part 250
administered by the Bureau of Safety
and Environmental Enforcement (BSEE);
thus, the BSEE and the ASLMM are
responsible for implementing the
statutorily mandated revisions to
§ 250.180.
The current provisions of § 250.180
state that a lease expires if the lessee or
operator stops conducting operations
(drilling, well-reworking, or production
in paying quantities) during the last 180
days of the lease term or on a lease that
has continued beyond its primary term,
unless the operator resumes operations,
or receives a Suspension of Operations
(SOO) or a Suspension of Production
(SOP) from the Regional Supervisor,
within 180 days from stopping
operations. The regulatory revisions
mandated by Section 121 extend the
existing 180 day periods to one year.
Section 121 of the CAA requires the
Department to amend § 250.180 not later
than 30 days after the enactment of the
CAA (i.e., by June 4, 2017). It also
mandates the precise wording of the
revisions that must be made to
§ 250.180. Therefore, it is both
unnecessary and impracticable for the
BSEE to publish a notice of proposed
rulemaking and to provide an
opportunity for public comment before
issuing a final rule. For these reasons, it
is appropriate and necessary to publish
a final rule in order to comply with the
statute.
Section-by-Section Discussion
Revisions to § 250.171 (How do I request
a suspension?)
Although Section 121 of the CAA
does not explicitly require amendment
of any other provision of the BSEE’s
regulations, the BSEE has determined
that this final rule must also amend the
introductory paragraph of § 250.171 to
align it with the language modifications
that Congress mandated for § 250.180.
E:\FR\FM\09JNR1.SGM
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Agencies
[Federal Register Volume 82, Number 110 (Friday, June 9, 2017)]
[Rules and Regulations]
[Pages 26739-26741]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-11978]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 82, No. 110 / Friday, June 9, 2017 / Rules
and Regulations
[[Page 26739]]
OFFICE OF SPECIAL COUNSEL
5 CFR Part 1800
Filing of Complaints of Prohibited Personnel Practices or Other
Prohibited Activities and Filing Disclosures of Information
AGENCY: U.S. Office of Special Counsel.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule revises the U.S. Office of Special Counsel's
(OSC's) regulations regarding the filing of complaints and disclosures
with OSC, and updates OSC's prohibited personnel practice provisions.
In accordance with the Paperwork Reduction Act of 1995, and Office of
Management and Budget (OMB) implementing regulations, OSC sought
approval from OMB for a new, dynamic electronic form to be used for
filing complaints and disclosures. This new form, Form OSC-14, will
replace Forms OSC-11, OSC-12, and OSC-13, which were previously
approved by OMB.
DATES: This rule is effective July 17, 2017.
FOR FURTHER INFORMATION CONTACT: Susan K. Ullman, General Counsel, U.S.
Office of Special Counsel, by telephone at 202-254-3600, by facsimile
at (202) 254-3711, or by email at sullman@osc.gov.
SUPPLEMENTARY INFORMATION:
Background
The final rule makes minor changes to the existing language in 5
CFR 1800.1(c)(1) through (5) and (d), and 1800.2(b)(1) and (2) by
replacing references to, and information about, the legacy OSC forms
with references to, and information about, the new form established by
OSC. The final rule refers to forms established by OSC and covers the
new form that OSC submitted to OMB for approval. The final rule will
enable OSC to revise its forms in the future, while still providing for
public notice and OMB review of future revisions. The final rule also
updates the prohibited personnel practice provisions, at 5 CFR
1800.1(a)(13), based on the requirements of 5 U.S.C. 2302(b)(13)
regarding nondisclosure forms, policies, or agreements. OSC received no
comments from members of the public or other Agencies on the final rule
or the new form.
The final rule also corrects minor typographical errors, including
updating telephone and fax numbers and email contact information for
Hatch Act complaints.
OSC is an independent agency responsible for, among other things:
(1) Investigation of allegations of prohibited personnel practices
defined by law at 5 U.S.C. 2302(b); (2) processing of whistleblower
disclosures under 5 U.S.C. 1213; and (3) the interpretation and
enforcement of Hatch Act limitations on political activity in chapters
15 and 73 of title 5 of the U.S. Code.
Procedural Determinations
Administrative Procedure Act (APA): This action is taken under the
Special Counsel's authority at 5 U.S.C. 1212(e) to publish regulations
in the Federal Register.
Executive Order 12866 (Regulatory Planning and Review): This final
rule is exempt from review under Executive Order 12866.
Congressional Review Act (CRA): This final rule is not a major rule
under the Congressional Review Act, as it is unlikely to result in an
annual effect on the economy of $100 million or more; is unlikely to
result in a major increase in costs or prices for consumers, individual
industries, federal, state, or local government agencies or geographic
regions; and is unlikely to have a significant adverse effect on
competition, employment, investment, productivity, or innovation, or on
the ability of U.S.-based enterprises to compete in domestic and export
markets.
Regulatory Flexibility Act (RFA): A regulatory flexibility analysis
was not required and none was prepared.
Unfunded Mandates Reform Act (UMRA): This final rule does not
impose any federal mandates on state, local, or tribal governments, or
on the private sector within the meaning of the UMRA.
National Environmental Policy Act (NEPA): This final rule will have
no physical impact upon the environment and therefore will not require
any further review under NEPA.
Paperwork Reduction Act (PRA): OSC submitted this final rule and
collection to OMB for review pursuant to the Paperwork Reduction Act,
44 U.S.C. 3501, et seq. OSC did not receive any comments regarding the
proposed rule, the new form, or the information collection.
Title of Collection: Form OSC-14: Electronic Submission of
Allegations and Disclosures.
The new electronic form will be available on publication of this
rule on the OSC Web site at https://www.osc.gov.
Type of Information Collection Request: Approval of new collection
of information to replace a previously-approved collection of
information.
Affected Public: Current and former Federal employees, applicants
for Federal employment, state and local government employees, and their
representatives, and the general public.
Respondent's Obligation: Voluntary.
Estimated Annual Number of Form OSC-14 Respondents: 6,000
(estimated prohibited personnel practice filers = 4,000; estimated
disclosure filers = 1,835; and estimated Hatch Act filers = 165). OSC
based these estimates on a review of recent Annual Reports and an
analysis of developing trends for this year.
Frequency of Use of Form OSC-14: Daily.
Estimated Average Amount of Time for a Person to Respond Using Form
OSC-14: For prohibited personnel practice and other prohibited
activities allegations, one hour and 15 minutes; for whistleblower
disclosures, one hour; and for Hatch Act allegations, 30 minutes to
complete the form. OSC based these estimates on testing completed by
OSC employees during the development of the collection form.
Estimated Annual Burden for Filing Form OSC-14: 6,917.5 hours.
Abstract: The electronic form must be used by current and former
Federal employees and applicants for Federal employment to submit
allegations of possible prohibited personnel practices or other
prohibited activity for investigation and possible prosecution by OSC,
and to file disclosures of covered wrongdoing for review and possible
referral to heads of agencies. The form may also be used by
[[Page 26740]]
individuals to file complaints under the Hatch Act.
Executive Order 13132 (Federalism): This final rule does not have
new federalism implications under Executive Order 13132.
Executive Order 12988 (Civil Justice Reform): This final rule meets
applicable standards of 3(a) and 3(b)(2) of Executive Order 12988.
List of Subjects in 5 CFR Part 1800
Administrative practice and procedure, Government employees,
Investigations, Law enforcement, Political activities (Government
employees), Reporting and recordkeeping requirements, Whistleblowing.
OSC amends 5 CFR part 1800 as follows:
PART 1800--FILING OF COMPLAINTS AND ALLEGATIONS
0
1. The authority citation for 5 CFR part 1800 continues to read as
follows:
Authority: 5 U.S.C. 1212(e).
0
2. Section 1800.1 is revised to read as follows:
Sec. 1800.1 Filing complaints of prohibited personnel practices or
other prohibited activities.
(a) Prohibited personnel practices. The Office of Special Counsel
(OSC) has investigative jurisdiction over the following prohibited
personnel practices committed against current or former Federal
employees and applicants for Federal employment:
(1) Discrimination, including discrimination based on marital
status or political affiliation (see Sec. 1810.1 of this chapter for
information about OSC's deferral policy);
(2) Soliciting or considering improper recommendations or
statements about individuals requesting, or under consideration for,
personnel actions;
(3) Coercing political activity, or engaging in reprisal for
refusal to engage in political activity;
(4) Deceiving or obstructing anyone with respect to competition for
employment;
(5) Influencing anyone to withdraw from competition to improve or
injure the employment prospects of another;
(6) Granting an unauthorized preference or advantage to improve or
injure the employment prospects of another;
(7) Nepotism;
(8) Reprisal for whistleblowing (whistleblowing is generally
defined as the disclosure of information about a Federal agency by an
employee or applicant who reasonably believes that the information
shows a violation 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);
(9) Reprisal for:
(i) Exercising certain appeal rights;
(ii) Providing testimony or other assistance to persons exercising
appeal rights;
(iii) Cooperating with the Special Counsel or an Inspector General;
or
(iv) Refusing to obey an order that would require the violation of
law;
(10) Discrimination based on personal conduct not adverse to job
performance;
(11) Violation of a veterans' preference requirement;
(12) Taking or failing to take a personnel action in violation of
any law, rule, or regulation implementing or directly concerning merit
system principles at 5 U.S.C. 2301(b); and
(13) Implementing or enforcing nondisclosure policies, forms, or
agreements that do not contain the statement required by 5 U.S.C.
2302(b)(13).
(b) Other prohibited activities. OSC also has investigative
jurisdiction over allegations of the following prohibited activities:
(1) Violation of the Federal Hatch Act at title 5 of the U.S. Code,
chapter 73, subchapter III;
(2) Certain state and local violations of the Hatch Act at title 5
of the U.S. Code, chapter 15;
(3) Arbitrary and capricious withholding of information prohibited
under the Freedom of Information Act at 5 U.S.C. 552 (except for
certain foreign and counterintelligence information);
(4) Activities prohibited by any civil service law, rule, or
regulation, including any activity relating to political intrusion in
personnel decision making;
(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 (unless the Special
Counsel determines that the allegation may be resolved more
appropriately under an administrative appeals procedure); and
(6) Violation of uniformed services employment and reemployment
rights under 38 U.S.C. 4301, et seq.
(c) Procedures for filing complaints alleging prohibited personnel
practices or other prohibited activities (other than the Hatch Act).
(1) Current or former Federal employees, and applicants for Federal
employment, may file a complaint with OSC alleging one or more
prohibited personnel practices, or other prohibited activities within
OSC's investigative jurisdiction. The Form OSC-14 must be used to file
all such complaints (except those limited to an allegation or
allegations of a Hatch Act violation--see paragraph (d) of this section
for information on filing Hatch Act complaints).
(2) Forms filed in connection with allegations of reprisal for
whistleblowing must identify:
(i) Each disclosure involved;
(ii) The date of each disclosure;
(iii) The person to whom each disclosure was made; and
(iv) The type and date of any personnel action that occurred
because of each disclosure.
(3) OSC will not process a complaint filed in any format other than
a completed OSC Form-14. If a filer does not use the OSC Form-14 to
submit a complaint, OSC will provide the filer with information about
the OSC Form-14. OSC will consider the complaint filed on the date on
which OSC receives a completed OSC Form-14.
(4) OSC Form-14 is available:
(i) At: https://www.osc.gov (to complete online);
(ii) By calling OSC at: (800) 872-9855 (toll-free); or
(iii) By writing to OSC, at: U.S. Office of Special Counsel, 1730 M
Street NW., Suite 218, Washington, DC 20036-4505.
(5) A complainant can file a completed OSC Form-14 with OSC by any
of the following methods:
(i) Electronically, at: https://www.osc.gov;
(ii) By fax, to: (202) 254-3711; or
(iii) By mail, to: U.S. Office of Special Counsel 1730 M Street
NW., Suite 218, Washington, DC 20036-4505.
(d) Procedures for filing complaints alleging violation of the
Hatch Act. (1) Complaints alleging a violation of the Hatch Act may be
submitted in any written form, but use of OSC Form-14 is encouraged.
Complaints should include:
(i) The complainant's name, mailing address, telephone number, and
a time when OSC can contact that person about his or her complaint
(unless the matter is submitted anonymously);
(ii) The department or agency, location, and organizational unit
complained of; and
(iii) A concise description of the actions complained about, names
and positions of employees who took the actions, if known to the
complainant, and dates of the actions, preferably in chronological
order, together with any documentary evidence that the complainant can
provide.
(2) OSC Form-14 for filing a complaint is available as described in
[[Page 26741]]
paragraphs (c)(4)(i) through (iii) of this section.
(3) A written Hatch Act complaint may be filed with OSC:
(i) Electronically, at: https://www.osc.gov;
(ii) By fax, to: (202) 254-3700;
(iii) By email, to: hatchact@osc.gov; or
(iv) By mail, to: U.S. Office of Special Counsel, Hatch Act Unit,
1730 M Street NW., Suite 218, Washington, DC 20036-4505.
0
3. Section 1800.2 is revised to read as follows:
Sec. 1800.2 Filing disclosures of information.
(a) General. OSC is authorized by law (at 5 U.S.C. 1213) to provide
an independent and secure channel for use by current or former Federal
employees and applicants for Federal employment in disclosing
information that they reasonably believe shows wrongdoing by a Federal
agency. OSC must determine whether there is a substantial likelihood
that the information discloses a violation 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. If it does, the law requires OSC to refer the information to
the agency head involved for investigation and a written report on the
findings to the Special Counsel. The law does not authorize OSC to
investigate the subject of a disclosure.
(b) Procedures for filing disclosures. Current or former Federal
employees, and applicants for Federal employment, may file a disclosure
of the type of information described in paragraph (a) of this section
with OSC. Such disclosures must be filed in writing (including
electronically--see paragraph (b)(3)(i) of this section).
(1) Filers are encouraged to use OSC Form-14 to file a disclosure
of the type of information described in paragraph (a) of this section
with OSC. OSC Form-14 provides more information about OSC jurisdiction,
and procedures for processing whistleblower disclosures. OSC Form-14 is
available:
(i) Online, at: https://www.osc.gov;
(ii) By calling OSC, at: (800) 572-2249 (toll-free), or (202) 254-
3640; or
(iii) By writing to OSC, at: U.S. Office of Special Counsel, 1730 M
Street NW., Suite 218, Washington, DC 20036-4505.
(2) Filers may use another written format to submit a disclosure to
OSC, but the submission should include:
(i) The name, mailing address, and telephone number(s) of the
person(s) making the disclosure(s), and a time when OSC can contact
that person about his or her disclosure;
(ii) The department or agency, location and organizational unit
complained of; and
(iii) A statement as to whether the filer consents to disclosure of
his or her identity by OSC to the agency involved, in connection with
any OSC referral to that agency.
(3) A disclosure may be filed in writing with OSC by any of the
following methods:
(i) Electronically, at: https://www.osc.gov (for completion and
filing electronically);
(ii) By fax, to: (202) 254-3711; or
(iii) By mail, to: U.S. Office of Special Counsel, 1730 M Street
NW., Suite 218, Washington, DC 20036-4505.
Dated: June 2, 2017.
Bruce Gipe,
Chief Operating Officer.
[FR Doc. 2017-11978 Filed 6-8-17; 8:45 am]
BILLING CODE 7405-01-P