Safeguarding the federal merit system at the Office of Special Counsel

Transparency and accountability are cornerstones of trust in government. The U.S. Office of Special Counsel exists to protect those values. As we begin a new year, it is worth revisiting what OSC is, why it exists and how its work makes a difference.

Established by the Civil Service Reform Act of 1978, OSC is an independent investigative and prosecutorial agency that safeguards the merit system by protecting employees from prohibited personnel practices, especially whistleblower retaliation. It also enforces the Hatch Act, provides a forum for employees to disclose government wrongdoing and protects veterans’ job rights under the Uniformed Services Employment and Reemployment Rights Act.

As a practical matter, OSC has become a core protector of whistleblowers within the federal government. Unlike private companies, the federal government lacks market pressures to correct inefficiencies, like waste or fraud, that do not immediately threaten its existence or “bottom line,” allowing those inefficiencies to fester. Whistleblowers help to provide a corrective by exposing waste and abuse. Last May, OSC initiated a new policy of recommending whistleblower rewards for meritorious disclosures in order to encourage whistleblowers to come forward.

OSC’s primary role is oversight and correction of certain errors and misdeeds within the federal government, but it is not an antagonist to the federal government. Our job is not to interfere with administration priorities or to make life unnecessarily difficult for federal agencies; it is to protect the merit system within those agencies. OSC’s proper function is to serve as part of the federal government’s immune system: too weak, and harmful practices spread unchecked; too aggressive, and the system harms itself.

Although interested parties have unfairly characterized OSC as “functionally impaired,” there is no legitimate basis to the claim. By the numbers, fiscal year 2025 was one of OSC’s most successful ever, as documented in our year-end review in December. Despite dealing with a record-high number of cases and a streamlined workforce, OSC’s productivity across all divisions exceeded or was consistent with our historical performance, thanks to the hard work, talent and dedication of OSC’s career staff.

Understandably, some complainants may feel frustrated when outcomes do not align with their expectations. That is the nature of any oversight body. But criticisms by third parties with a stake in the outcome of cases should not be seen as evidence of deficiency. OSC operates under a clear statutory mandate that we fulfill with professionalism, diligence and measurable results. Inaccurate information about OSC only serves to discourage federal employees from exercising their lawful options.

Partisans often seek to use OSC as a tool to oppose an administration’s policies, but these efforts rarely succeed in any administration because OSC’s mission is not partisan. While some high-profile cases may draw political attention, the overwhelming majority of OSC’s work involves issues like retaliation, waste or abuse of authority. These occur across administrations and are not unique to any party. Our staff handles these matters with impartiality and discretion, focusing on facts and the law.

A couple of OSC’s whistleblower disclosure cases closed in fiscal year 2025 illustrate this point.

In one case, OSC received disclosures from Mine Safety and Health Administration employees who revealed that active mines in U.S. Pacific territories were falsely designated as “abandoned,” allowing MSHA to avoid mandatory inspections required by law. The agency investigation uncovered oversight failures and misleading reporting to Congress about inspection rates. As a result, MSHA has been forced to confront systemic failures that endangered miners and misrepresented its compliance with the Mine Act.

In another case, a whistleblower at the Bureau of Prisons exposed lapses in the management of inmate financial obligations, revealing that court-ordered payments were not being properly recorded or collected. An audit confirmed that more than $2.5 million in obligations were mishandled, including nearly $70,000 that became permanently uncollectible. OSC’s referral prompted BOP to initiate new oversight measures, including monthly reminders, staff training and regional check-ins to ensure compliance.

OSC prioritizes these types of cases because they matter to government and the public. Neither involved any particular administration or political party, which is typical for our work. Attempts to weaponize the whistleblower process for partisan purposes only erode trust in its legitimacy, much like politicizing prosecutions undermines confidence in the justice system.

To the federal workforce: OSC is your resource. You can file a complaint if you have experienced a prohibited personnel practice, report wrongdoing through our secure channel, request confidential Hatch Act guidance, or seek to have your USERRA complaint referred to us by the U.S. Department of Labor. 

Looking to the year ahead, OSC remains committed to its mission. We will continue to defend whistleblowers, enforce the law and promote accountability across the federal government. Our work may not always make headlines, but it makes a difference: quietly, persistently and with integrity.

Charles Baldis is senior counsel and designee to Acting Special Counsel Jamieson Greer and is available at cbaldis@osc.gov.