Office of Special Counsel – Federal Register Recent Federal Regulation Documents

The U.S. Office of Special Counsel (OSC) revised its regulations to update the information on filing of complaints and disclosures with OSC, to update the prohibited personnel practice provisions, Freedom of Information Act (FOIA) provisions, Privacy Act provisions, provisions concerning nondiscrimination based on disability, and to make other technical revisions. These revisions are intended to streamline OSC's filing procedures and reflect changes in law.

The U.S. Office of Special Counsel (OSC) proposes to revise its regulations regarding the filing of complaints and disclosures with OSC, to update the prohibited personnel practice provisions, Freedom of Information Act (FOIA) provisions, Privacy Act provisions, provisions concerning nondiscrimination based on disability, and to make other technical revisions. These revisions are intended to streamline OSC's filing procedures and reflect changes in law.

The U.S. Office of Special Counsel, with the concurrence of the U.S. Office of Government Ethics (OGE), is finalizing a regulation for OSC employees that supplements the executive branch Standards of Ethical Conduct issued by OGE. The supplemental regulation requires OSC employees to seek prior approval before engaging in outside employment or activity.

The U.S. Office of Special Counsel (OSC), seeks approval from the Office of Management and Budget (OMB) for use of a survey that differs only slightly from previously approved information collections. OSC is requesting emergency approval for the annual survey, which by statute must be completed by the end of FY2020. Following a one-year pilot-project survey in 2019, OSC now resumes its annual survey to collect feedback from those who have contacted OSC for assistance, either by filing complaints and/or disclosures with OSC, or by seeking Hatch Act Advisory Opinions. This OSC annual survey consists of four electronic questionnaires (one for each type of assistance an individual can seek from OSC), each asking between five and ten questions. OSC invites comments on: The accuracy of OSC's estimate of the burden of the proposed collections of information; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the collection of information on respondents.

OSC is providing 30 additional days for individuals to comment on OSC Form-14, the form used to file complaints and disclosures with OSC.

The U.S. Office of Special Counsel (OSC) seeks approval from the Office of Management and Budget (OMB) for use of a 2019 survey that differs slightly in process and timing from a previously approved information collection, OSC's annual survey. The prior OMB approval for the annual survey expired November 30, 2016. As required by statute, since 1994 OSC has conducted an annual survey collecting feedback from those who have filed complaints/disclosures with OSC. The prior surveys required 12 minutes to complete. The proposed OSC 2019 survey consists of a single electronic questionnaire with eleven questions that requires 5.5 minutes to complete. The prior annual surveys could only be sent after OSC closed the individual's complaint or disclosure file. The timing therefore deprived OSC of useful feedback about how individuals perceive OSC as they are in the process of working or engaging with OSC. Congress authorized this 2019 survey (and suspended the previously approved annual survey), so OSC could collect feedback from individuals who file complaints or disclosures with OSC while their cases or queries are open. See the OSC Reauthorization Act of 2017, Public Law 115, Sec. 1097. OSC is requesting emergency approval for the proposed 2019 survey, which by statute must be completed by the end of FY2019.

On June 9, 2017, the U.S. Office of Special Counsel (OSC) published a final rule revising its regulations regarding the filing of complaints and disclosures with OSC, and updated OSC's prohibited personnel practice provisions. The rule's effective date was delayed indefinitely on July 14, 2017. This document establishes the effective date for the rule.

This system of records contains the U.S. Office of Special Counsel's (OSC) case file and other records related to the performance of our statutory duties, including: Investigating or reviewing allegations of wrongdoing; pursuing corrective action and resolution through mediation, litigation, or otherwise; conducting defensive litigation; responding to requests for Hatch Act Unit advisory opinions; and responding to requests and appeals seeking agency information.

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.

The rule updates the U.S. Office of Special Counsel's (OSC's) FOIA regulations to reflect substantive and procedural changes to the FOIA. In addition, in response to comments received on a different rulemaking, this final rule clarifies that our consultation procedures may include consultation with other offices prior to OSC responding to a FOIA request, incorporates existing records retention obligations, and updates the definition of representatives of the news media.

Final rule. This final rule updates and clarifies the procedures for submitting Freedom of Information Act (FOIA) requests and appeals to the U.S. Office of Special Counsel (OSC). The rule describes additional methods for submitting FOIA requests and appeals. It also promotes efficiency in FOIA administration by enhancing OSC's ability to respond to certain requests on an expedited basis. The final rule makes minor technical revisions to the name of an OSC unit and to OSC's Internet, fax, and physical address information. The rule also establishes procedures that requesters must follow when making demands on or requests to an OSC employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the OSC is not a party.

This document corrects the Addresses section to a proposed rule published in the Federal Register as of September 2, 2016, regarding Filing of Complaints of Prohibited Personnel Practices or other Prohibited Activities and Filing Disclosures of Information. This correction addresses a typographical error in the email address used for submitting a comment pursuant to the notice.

The U.S. Office of Special Counsel (OSC) seeks public comment on a proposed rule that would update and clarify the procedures for submitting Freedom of Information Act (FOIA) requests and appeals, and would modify the manner in which FOIA requests qualify for expedited processing at OSC. The proposed rule would describe additional methods for submitting FOIA requests and appeals. It would also promote efficiency in FOIA administration by enhancing OSC's ability to respond to certain requests on an expedited basis. The proposed rule makes minor technical revisions to the name of an OSC unit and to OSC's Internet and physical address information. OSC also seeks public comment on a proposed rule that would establish procedures that requesters must follow when making demands on or requests to an OSC employee to produce official records or provide testimony relating to official information in connection with a legal proceeding in which the OSC is not a party. The proposed rule would also establish procedures to respond to such demands and requests in an orderly and consistent manner. The proposed rule will promote uniformity in decisions, protect confidential information, provide guidance to requesters, and reduce the potential for both inappropriate disclosures of official information and wasteful allocation of agency resources.

The U.S. Office of Special Counsel, in accordance with section 743(c) of Division C of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117, 123 Stat. 3034, 3216), is announcing the availability of OSC's service contract inventory for fiscal year (FY) 2014. This inventory provides information on service contract actions that exceeded $25,000 that OSC made in FY 2014.

The U.S. Office of Special Counsel (OSC) proposes revising its regulations to accept covered disclosures of wrongdoing from employees working under a contract or grant with the Federal government.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of an expanded version of an approved information collection consisting of an electronic customer survey form. OSC is required by law to conduct an annual survey of those who seek its assistance. The information collection is used to carry out that mandate. However, the additional questions for the survey cover a category of complaint, whistleblower disclosures, whose inclusion in the survey is not statutorily required, but rather is being done voluntarily by our agency. The 6 specific questions to be added are: ``Did the agency against which you filed the disclosure inform you about your right to make whistleblower disclosures, and the channels for making such disclosures?'' ``Did you obtain the action that you wanted from OSC?'' ``What reason did OSC give for closing your disclosure matter?'' (Check all that apply.)'' ``Did you agree with the reason OSC gave for closing your disclosure matter?'' ``If you answered ``no'' to the question in number 4 above, could you please elaborate? [below which is a free field text box].'' ``How would you rate the service provided by OSC in each of the following areas?'' The current OMB approval for this collection of information [without the new questions for the Disclosure Unit] does not expire until 10/31/2015. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited for a second time to comment on this information collection. Comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of three previously approved information collections consisting of three complaint forms. These collections are listed below. The current OMB approval for Forms OSC-11, OSC-12, OSC-13 expired on 2/28/14. We are submitting all three forms for renewal, based on the actual date of expiration. We are currently collecting requirements for future modifications to these forms; however, currently there are no changes being submitted with this request for renewal of the use of these forms. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited for the second time to comment on this information collection. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC) is requesting approval from the Office of Management and Budget (OMB) to use four previously approved information collections consisting of three forms for filing complaints and disclosures of information, and an electronic survey form. These collections are listed below. The current OMB approval for Forms OSC-11, OSC-12, OSC-13, and the OSC Survey expires 9/30/12. We are submitting all three forms and the electronic survey for renewal. This will be a reinstatement of the forms, with changes to the Privacy Act Statement for the three forms for filing complaints and disclosures of information and the Consent Statement for Form OSC-12. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited to comment on these information collections for the final time. Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Notice and request for public comment on these forms was published in the Federal Register on April 16, 2012 at 77 FR 22614 and on May 15, 2012 at 77 FR 28638.

Through this notice, the Special Counsel announces the availability of the Office of Special Counsel's service contract inventory on its Web site, at https://www.osc.gov/RR_ OSCReportsAndInformation.htm. A service contract inventory is a tool for assisting an agency in better understanding how contracted services are being used to support mission and operations and whether the contractors' skills are being utilized in an appropriate manner.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of a previously approved information collection consisting of a customer survey form.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of four previously approved information collections consisting of complaint forms. These collections are listed below. The current OMB approval for Forms OSC-11, OSC-12, OSC-13, OSC-14 and the OSC Survey expire 9/30/08. We are submitting all four forms and the electronic survey for renewal, based on the upcoming date of expiration. Two of the four forms are being revised, Forms OSC-11 and OSC-12. Form OSC-11 has had major changes made to its electronic version, so that it has a certain amount of ``intelligence'' now built in. Depending upon your responses, it navigates you to the proper sections; it also has help menus for those who need more information prior to making their selections. The electronic form OSC-12 had minor modifications made to it, in order to allow it to be integrated into the new software used to support form OSC-11. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited to comment on this information collection for the second time. Comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Additionally, the electronic forms OSC-11 and OSC-12 can be accessed online at https://www.osc.gov/ testnewforms/ for test purposes during the 60 day period of this notice.

The U.S. Office of Special Counsel (OSC) is publishing notice of the final rule revising its regulations dealing with the agency's implementation of the Privacy Act, at 5 U.S.C. 552a. The regulation, as revised, provides additional information about access to OSC records under the Privacy Act.

The U.S. Office of Special Counsel (OSC) proposes to revise its regulations at 5 C.F.R. Part 1830, dealing with the agency's implementation of the Privacy Act, at 5 U.S.C. 552a. The regulation, as revised, would provide additional information about access to OSC records under the Privacy Act.

The U.S. Office of Special Counsel (OSC) proposes to revise its regulations dealing primarily with the agency's implementation of the Freedom of Information Act (FOIA). The regulation, as revised, would implement provisions of the FOIA as amended, update information in the current regulation, and contain new and expanded information about the agency's processing of FOIA requests and appeals. Included in the revised regulation, as proposed, are provisions containing updated, revised, or new information about: publicly available records and information; requirements for making FOIA requests, including updated contact information; consultations with and referrals to other agencies; responses to requests, including information about multitrack and expedited processing; requirements for appealing initial decisions on requests, including updated contact information; fees, including new and revised cost information; and business information. Finally, the regulation, as revised, would address responses to demands by courts or other authorities to an OSC employee for production of official records or testimony in legal proceedings.

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and implementing regulations at 5 CFR part 1320, the U.S. Office of Special Counsel (OSC), plans to request approval from the Office of Management and Budget (OMB) for use of four previously approved information collections consisting of complaint forms. These collections are listed below in the paragraph called ``Title of Collections.'' The current OMB approval for Form OSC-11 expires 11/06. We are submitting the other three forms for approval even though their expiration dates may or may not coincide with Form OSC-11. Current and former Federal employees, employee representatives, other Federal agencies, state and local government employees, and the general public are invited to comment on this information collection for a second time. The first notification, sent out on February 15\th\, 2006, received no replies. Comments are invited on: (a) whether the proposed collection of information is necessary for the proper performance of OSC functions, including whether the information will have practical utility; (b) the accuracy of OSC's estimate of the burden of the proposed collections of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.