U.S. Office of Special Counsel OSC

The Civil Service Reform Act of 1978 created the Office of Special Counsel as the investigative arm of the new Merit Systems Protection Board, and the Whistleblower Protection Act, signed on April 10, 1989, made it a separate independent agency. It is led by the Special Counsel, appointed by the President and confirmed by the Senate for a five-year term, whom the statute says may be removed only for inefficiency, neglect of duty, or malfeasance. It is unrelated to the special counsels the Justice Department appoints to handle sensitive criminal investigations.

OSC investigates and prosecutes prohibited personnel practices, such as retaliation against whistleblowers, political coercion, and nepotism, and can seek to delay firings while it investigates. It provides a secure channel for federal employees to disclose waste, fraud, abuse, and dangers to public health or safety, and it can require agencies to investigate and report back. It also enforces the Hatch Act, which limits political activity by federal employees, and protects the reemployment rights of federal workers returning from military service.

In February 2025 President Trump fired Special Counsel Hampton Dellinger, who sued, citing the statute's removal protections. After lower courts temporarily reinstated him and the Supreme Court declined to act quickly, Dellinger dropped his case in March 2025 when an appeals court allowed the removal. The dispute is part of a broader fight over whether the President can remove the heads of independent agencies at will. Supporters of the removal cited the President's constitutional authority over the executive branch, while whistleblower advocates warned that an office answerable to the President cannot credibly protect those who report misconduct.