The U.S. Office of Special Counsel (OSC) today released a summary of the agency's accomplishments during the 2024 fiscal and calendar year. During the fiscal year, OSC received 6,251 new cases, the highest in agency history and 45 percent more cases than the average of the previous five fiscal years.
“Demand for OSC's services has never been greater," said Special Counsel Hampton Dellinger. “I appreciate OSC's committed and talented staff for continuing to achieve record breaking results on behalf of whistleblowers and federal employees. I also want to thank all the brave whistleblowers who bring their allegations to OSC as well as stakeholders and Congress for their unwavering support of the agency and its critical mission."
Highlights:
- Hatch Act: OSC transmitted a report to the President finding that Secretary of the Navy Carlos Del Toro violated the Hatch Act when he made statements in his official capacity advocating for and against the election of presidential candidates.
- Compensatory Damages: A former medical director of an Army biosafety laboratory alleged she was retaliated against after raising concerns about substandard inspections of biosafety labs. Through litigation, OSC obtained a default judgment against the Army, and eventually reached a settlement with the complainant with significant compensatory damages.
- Reservists: In an op-ed published in Military Times, Special Counsel Dellinger urged fair compensation for federal government employees who also serve part-time in the military. In the piece, Dellinger discusses a case pending before the Supreme Court where the government argues in favor of an interpretation of the “differential pay" statute that he believes could negatively impact federal employee reservists serving in uniform by limiting the circumstances under which they receive that equivalent pay.
- Outreach: Special Counsel Dellinger is committed to extensive dialogue with Congress and stakeholders to hear feedback, criticism, and explore ways OSC can better serve the federal community. Since his confirmation, Dellinger has held numerous meetings with stakeholder groups across the political spectrum to understand their priorities. He also hosted a roundtable with veteran advocacy groups to explore ways OSC can work with them to support veterans, VA employees, and civilian DOD employees.
- Transparency and Accountability: Special Counsel Dellinger launched a new initiative to enhance OSC's approach to transparency and accountability, including a new “Work in Progress" webpage. For every whistleblower disclosure OSC refers for investigation, we will now post the type of allegations that have been referred on an agency-by-agency basis once 60 days have elapsed.
Prohibited Personnel Practices (PPPs):
Central to OSC's mission is protecting federal employees and applicants for federal employment from PPPs, including retaliation for whistleblowing. In FY 2024, OSC continued to provide outsize results, achieving 450 favorable actions on behalf of complainants alleging PPPs, the highest number in agency history.
Significant cases:
- OSC settled its complaint for corrective action filed with MSPB against U.S. Citizenship and Immigration Services (USCIS). The complaint alleged that the agency fired Kenneth Langley, an analyst at USCIS's Wichita, Kansas office, for blowing the whistle on an official who divulged confidential, identifying information about employees who had filed agency grievances. USCIS agreed to reinstate Langley, reimburse him for attorney's fees, and pay him $325,000 in compensatory damages.
- An Assistant Inspector General alleged that, in retaliation for questioning problematic human resources practices at the agency, multiple members of OIG leadership removed the Complainant's oversight duties of a department. During OSC's investigation, the Complainant, who also had a pending EEOC complaint, entered into a global settlement agreement with the agency that included, among other terms, a $250,000 lump sum payment, credit of sick leave hours, a reassignment, funding for a leadership development course, and closure of all pending investigations.
- A Clinical Laboratory Scientist alleged she was reassigned after she made protected disclosures regarding lab safety issues, objected to the COVID vaccine, participated in an OIG investigation, and filed an EEO complaint. After OSC's review, the agency settled the matter and agreed to pay the complainant $47,000 and raise her Performance Evaluation in two categories.
Hatch Act Enforcement:
In FY24, OSC resolved 391 Hatch Act cases, a 40 percent increase from the last presidential election cycle. OSC issued 81 warning letters, issued 963 advisory opinions, and successfully obtained disciplinary action in seven cases against federal employees who violated the Hatch Act. Even with the increase in complaints, OSC's Hatch Act Unit successfully reduced its active cases by 39 percent from the end of FY 2020.
“Since coming to OSC, my focus for the Hatch Act has been on balancing meaningful enforcement with careful consideration of government employee speech rights," said Special Counsel Dellinger. “That is what Congress and the courts expect, and it's the reason we implemented several updates to OSC's Hatch Act enforcement."
Significant cases:
- OSC transmitted a report to the President finding that Secretary of the Navy Carlos Del Toro violated the Hatch Act when he made statements in his official capacity advocating for and against the election of presidential candidates.
- OSC negotiated a settlement agreement, including a 90-day unpaid suspension, with a U.S. Department of Veterans Affairs employee whom OSC alleged violated the Hatch Act. The employee admitted to posting numerous Facebook posts on his personal account that solicited contributions for partisan political candidates.
“At OSC, we are committed to Hatch Act education and not just enforcement," Dellinger said. “The best way for federal employees, including agency leaders, to avoid Hatch Act violations is to check with us before -- not after -- doing something that might run afoul of the law."
Transparency and Accountability:
We believe that Americans should have visibility when it appears there is something going wrong inside the government their taxpayer dollars fund. That's why Special Counsel Dellinger has proposed ways to enhance OSC's approach to transparency and accountability. These goals are at the heart of OSC's mission, and we will continue to work with the federal community, Congress, and stakeholders to be as open and transparent as possible.
The law authorizing OSC to demand agencies investigate possible wrongdoing based on whistleblower allegations expects an agency response within 60 days of OSC's referral. While the law allows OSC to grant an extension of that deadline for an agency to complete its investigation, in FY24, OSC began providing statistics of allegations that have been referred for investigation that are more than 60 days old. To that end, OSC created a new “Work in Progress" webpage to publicly post the types of allegations that have been referred where OSC determined there was a “substantial likelihood" of wrongdoing, 60 days have elapsed, and OSC is awaiting a final report.
Whistleblower Disclosures of Agency Wrongdoing:
Whistleblower disclosures of wrongdoing have led to repeated successes in ensuring identified problems are addressed and corrected. While OSC received fewer disclosures during the COVID-19 pandemic, 2024 marked a return to pre-pandemic caseloads. OSC received 1,757 disclosures from federal whistleblowers, a 57 percent increase over the prior five-year average.
Even with the increase in filings, OSC continued to make the statutorily required determination to refer matters for investigation within 45 days in 99 percent of cases. Substantiated disclosures can often result in direct financial returns to the government or improvements in public health and safety.
Significant cases:
- OSC worked with whistleblowers to identify and remedy the overprescription of opioids at a VA healthcare clinic, thereby increasing the quality of care provided to veterans.
- A whistleblower disclosed to OSC a potentially dangerous landing approach being used at the Detroit Metropolitan Airport. The approach was first brought to OSC's attention in 2020. It was subsequently discontinued for safety review but is once again being utilized to accommodate more aircraft landings. OSC's referral revealed that FAA withdrew an inclement weather restriction that had previously been deemed necessary for safe operation. Special Counsel Dellinger found that the investigative findings do not appear reasonable and urged further oversight to improve safety.
- A former Customs and Border Protection (CBP) air interdiction agent disclosed to OSC that senior CBP officials prevented the Deming Air Unit (DAU) in El Paso, Texas, from responding to emergency calls in cases where quicker responses could have saved lives. Despite evidence to the contrary, the agency's findings maintain that each denial of DAU's requests to launch was a decision by the assigned CDO alone. The Special Counsel determined the agency failed to adequately reconcile the contradicting facts and determined the finding do not appear reasonable.
- A whistleblower alerted OSC that claimants seeking social security spousal benefits have filed disadvantageous claims, even though claims examiners at the Social Security Administration are required to provide information to help filers maximize their benefits. Special Counsel Dellinger determined the agency's findings appear reasonable “but only if the agency continues its review in order to provide a meaningful remedy to affected claimants." Dellinger strongly urged the SSA to allow each impacted claimant to re-file their claims retroactively and reimburse them for all monies owed.
- A whistleblower, a the former Director of the Biomedical Advanced Research and Development Authority at HHS, disclosed potential safety risks, and the lack of efficacy associated with use of chloroquine and hydroxychloroquine as therapeutic treatments for COVID-19. OSC referred the allegations, and the investigation substantiated that the distribution of donated hydroxychloroquine to retail pharmacies during the pandemic posed a substantial and specific danger to public health and safety by expanding the supply of the drugs available for off-label prescribing for COVID 19, which FDA assessed as too risky for outpatients.
- A whistleblower disclosed to OSC that VA laundry service employees found used syringes containing blood or other substances in soiled textiles received from patient care units and that the agency failed to provide appropriate protective gear. The report recommended significant corrective actions, including training clinical staff on proper disposal of syringes, new reporting requirements for items found in soiled linens, and providing training and protective equipment for Laundry Service employees.
- A whistleblower disclosed to OSC that officials at an Army facility in Aberdeen, Maryland, were not compliant with asbestos safety requirements. For years, officials failed to mitigate asbestos during large-scale demolition projects, placing employees, contract employees, and the public in danger of potential exposure to hazardous material. The investigative report made several recommendations to improve asbestos mitigation at the facility.
Anti-Gag Order Prohibition:
Federal employees retain certain constitutional and statutory “free speech" rights. OSC plays a role in protecting these rights, and it is a responsibility that the agency takes very seriously. OSC enforces the anti‐gag order provision in the Whistleblower Protection Enhancement Act (5 U.S.C. § 2302(b)(13)). Under that provision, agencies may not impose nondisclosure agreements (NDAs) or policies without including language informing employees that their statutory right to blow the whistle supersedes the terms and conditions of the NDA or policy. Among other things, NDAs must inform federal employees of their overriding right to communicate with Congress, Inspectors General, and OSC. No agency can seek, through an NDA or otherwise, to chill such communications.
Significant cases:
- The Department of Justice, Executive Office for Immigration Review (EOIR) issued immigration judges a policy on speaking engagements that did not include the anti-gag order language and emailed two judges a message referencing the speaking engagements policy that was perceived as a gag order. Based on OSC's recommendations, EOIR agreed to revise the policy to include the required language, sent an email with the revised policy that clarified that the policy does not restrict employees' rights to make protected disclosures or engage in protected activity, and to have OSC conduct training.
- The U.S. Coast Guard (USCG) took corrective action to address its use of NDAs entered into with sexual assault survivors and others. The assaults and other misconduct come to light during a now exposed internal USCG investigation known as “Operation Fouled Anchor." U.S. Senator Ted Cruz alerted OSC to the issue. Shortly after OSC commenced investigating, OSC learned that the USCG notified all current and former employees that any NDA executed with the USCG was subject to the requirements of the anti-gag order provision of the law.
Supporting Military Veterans:
OSC supports America's veterans and is committed to helping improve military retiree care and ensure the employment rights of our returning uniformed service members. One way OSC supports veterans is through its enforcement of the Uniformed Services Employment and Reemployment Rights Act (USERRA), which protects military service members and veterans from employment discrimination on the basis of their service, and allows them to regain their civilian jobs following their service.
In FY24, OSC experienced success in its USERRA cases, assisting 17 service members in asserting their employment and reemployment rights. Special Counsel Dellinger also held stakeholder meetings with veteran advocacy groups to discuss OSC's work, and to explore ways to enhance connections with veterans and expand the agency's outreach.
In a Military Times op-ed, Dellinger advocated for equivalent pay for federal employee military reservists called to duty. In the piece, Dellinger discusses a case pending before the Supreme Court where the government argues in favor of an interpretation of the “differential pay" statute that he believes could negatively impact federal employee reservists serving in uniform by limiting the circumstances under which they receive that equivalent pay.
Alternative Dispute Resolution (ADR):
OSC offers a robust Alternative Dispute Resolution program to resolve PPP and USERRA complaints. Cases filed with OSC are referred to the ADR Unit, which determines whether the case is a good candidate for mediation. An OSC ADR specialist then contacts the complainant and the employing agency to invite them to participate in the mediation program.
In FY24, the ADR Unit received the largest number of referrals since FY 2018. ADR mediated 33 cases, of which 25 settled (76%), including eight systemic corrective actions and one initial informal stay, for a total of 34 corrective actions. OSC's ADR program has a very high satisfaction rate among participants surveyed. To date, 93% of parties who went through OSC mediation said they are glad mediation services are available and 88% would recommend OSC mediation to a colleague or friend.
Training and Prevention:
OSC is committed to ensuring that agencies receive robust training to prevent PPP and Hatch Act violations and increase awareness of whistleblower protections. OSC expanded its rigorous training program in FY 2024, and conducted 487 trainings during the fiscal year, which was an increase of over 45 percent from the previous year. OSC also increased the number of tailored trainings focused on topics like helping managers avoid pitfalls during the hiring process.
Additionally, OSC enhanced its Section 2302(c) Certification Program by introducing updated handouts and informative posters to increase understanding and knowledge of the 14 PPPs and disclosures of wrongdoing, as well as incorporating a new requirement for federal agencies to inform their employees about National Whistleblower Appreciation Day.
Additional 2024 Accomplishments
Read more about OSC's accomplishments in our annual Performance and Accountability Report to Congress.
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