
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC1201]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
          PART II--CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
 
 CHAPTER 12--MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL COUNSEL, 
                      AND EMPLOYEE RIGHT OF ACTION
 
              SUBCHAPTER I--MERIT SYSTEMS PROTECTION BOARD
 
Sec. 1201. Appointment of members of the Merit Systems 
        Protection Board
        
    The Merit Systems Protection Board is composed of 3 members 
appointed by the President, by and with the advice and consent of the 
Senate, not more than 2 of whom may be adherents of the same political 
party. The members of the Board shall be individuals who, by 
demonstrated ability, background, training, or experience are especially 
qualified to carry out the functions of the Board. No member of the 
Board may hold another office or position in the Government of the 
United States, except as otherwise provided by law or at the direction 
of the President. The Board shall have an official seal which shall be 
judicially noticed. The Board shall have its principal office in the 
District of Columbia and may have field offices in other appropriate 
locations.

(Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92 Stat. 
1121; amended Pub. L. 101-12, Sec. 3(a)(1), Apr. 10, 1989, 103 Stat. 
16.)


                               Amendments

    1989--Pub. L. 101-12 substituted ``The members'' for ``The Chairman 
and members'' in second sentence.


                    Effective Date of 1989 Amendment

    Section 11 of Pub. L. 101-12 provided that: ``This Act and the 
amendments made by this Act [see Short Title of 1989 Amendment note 
below] shall take effect 90 days following the date of enactment of this 
Act [Apr. 10, 1989].''


                             Effective Date

    Subchapter effective 90 days after Oct. 13, 1978, see section 907 of 
Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note 
under section 1101 of this title.


                      Short Title of 1989 Amendment

    Section 1 of Pub. L. 101-12 provided that: ``This Act [enacting 
subchapters II and III of this chapter and section 3352 of this title, 
amending this section and sections 1202 to 1206, 1209, 1211, 2302, 2303, 
3393, 7502, 7512, 7521, 7542, 7701, and 7703 of this title and section 
4139 of Title 22, Foreign Relations and Intercourse, repealing sections 
1207 and 1208 of this title, and enacting provisions set out as notes 
under this section and sections 1211 and 5509 of this title] may be 
cited as the `Whistleblower Protection Act of 1989'.''


                            Savings Provision

    Section 7 of Pub. L. 101-12 provided that:
    ``(a) Orders, Rules, and Regulations.--All orders, rules, and 
regulations issued by the Merit Systems Protection Board or the Special 
Counsel before the effective date of this Act [see Effective Date of 
1989 Amendment note above] shall continue in effect, according to their 
terms, until modified, terminated, superseded, or repealed.
    ``(b) Administrative Proceedings.--No provision of this Act [see 
Short Title of 1989 Amendment note above] shall affect any 
administrative proceeding pending at the time such provisions take 
effect. Orders shall be issued in such proceedings, and appeals shall be 
taken therefrom, as if this Act had not been enacted.
    ``(c) Suits and Other Proceedings.--No suit, action, or other 
proceeding lawfully commenced by or against the members of the Merit 
Systems Protection Board, the Special Counsel, or officers or employees 
thereof, in their official capacity or in relation to the discharge of 
their official duties, as in effect immediately before the effective 
date of this Act [see Effective Date of 1989 Amendment note above], 
shall abate by reason of the enactment of this Act. Determinations with 
respect to any such suit, action, or other proceeding shall be made as 
if this Act had not been enacted.''


   Whistleblower Protection; Congressional Statement of Findings and 
                                 Purpose

    Section 2 of Pub. L. 101-12 provided that:
    ``(a) Findings.--The Congress finds that--
        ``(1) Federal employees who make disclosures described in 
    section 2302(b)(8) of title 5, United States Code, serve the public 
    interest by assisting in the elimination of fraud, waste, abuse, and 
    unnecessary Government expenditures;
        ``(2) protecting employees who disclose Government illegality, 
    waste, and corruption is a major step toward a more effective civil 
    service; and
        ``(3) in passing the Civil Service Reform Act of 1978 [Pub. L. 
    95-454, see Tables for classification], Congress established the 
    Office of Special Counsel to protect whistleblowers (those 
    individuals who make disclosures described in such section 
    2302(b)(8)) from reprisal.
    ``(b) Purpose.--The purpose of this Act [see Short Title of 1989 
Amendment note above] is to strengthen and improve protection for the 
rights of Federal employees, to prevent reprisals, and to help eliminate 
wrongdoing within the Government by--
        ``(1) mandating that employees should not suffer adverse 
    consequences as a result of prohibited personnel practices; and
        ``(2) establishing--
            ``(A) that the primary role of the Office of Special Counsel 
        is to protect employees, especially whistleblowers, from 
        prohibited personnel practices;
            ``(B) that the Office of Special Counsel shall act in the 
        interests of employees who seek assistance from the Office of 
        Special Counsel; and
            ``(C) that while disciplining those who commit prohibited 
        personnel practices may be used as a means by which to help 
        accomplish that goal, the protection of individuals who are the 
        subject of prohibited personnel practices remains the paramount 
        consideration.''


                       Terms of Office of Members

    Section 202(b) of Pub. L. 95-454 provided that: ``Any term of office 
of any member of the Merit Systems Protection Board serving on the 
effective date of this Act [see Effective Date of 1978 Amendment note 
set out under section 1101 of this title] shall continue in effect until 
the term would expire under section 1102 of title 5, United States Code, 
as in effect immediately before the effective date of this Act, and upon 
expiration of the term, appointments to such office shall be made under 
sections 1201 and 1202 of title 5, United States Code (as added by this 
section).''

                  Section Referred to in Other Sections

    This section is referred to in section 1202 of this title.
