
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC1211]

 
             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 II--OFFICE OF SPECIAL COUNSEL
 
Sec. 1211. Establishment

    (a) There is established the Office of Special Counsel, which shall 
be headed by the Special Counsel. The Office shall have an official seal 
which shall be judicially noticed. The Office shall have its principal 
office in the District of Columbia and shall have field offices in other 
appropriate locations.
    (b) The Special Counsel shall be appointed by the President, by and 
with the advice and consent of the Senate, for a term of 5 years. The 
Special Counsel may continue to serve beyond the expiration of the term 
until a successor is appointed and has qualified, except that the 
Special Counsel may not continue to serve for more than one year after 
the date on which the term of the Special Counsel would otherwise expire 
under this subsection. The Special Counsel shall be an attorney who, by 
demonstrated ability, background, training, or experience, is especially 
qualified to carry out the functions of the position. A Special Counsel 
appointed to fill a vacancy occurring before the end of a term of office 
of the Special Counsel's predecessor serves for the remainder of the 
term. The Special Counsel may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office. The Special 
Counsel may not 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.

(Added Pub. L. 101-12, Sec. 3(a)(11), Apr. 10, 1989, 103 Stat. 19, 
Sec. 1211(a), and Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 
92 Stat. 1122, Sec. 1204; renumbered Sec. 1211(b) and amended Pub. L. 
101-12, Sec. 3(a)(6), (12), Apr. 10, 1989, 103 Stat. 17, 19; Pub. L. 
103-424, Sec. 3(a), Oct. 29, 1994, 108 Stat. 4361.)


                               Amendments

    1994--Subsec. (b). Pub. L. 101-424 inserted after first sentence 
``The Special Counsel may continue to serve beyond the expiration of the 
term until a successor is appointed and has qualified, except that the 
Special Counsel may not continue to serve for more than one year after 
the date on which the term of the Special Counsel would otherwise expire 
under this subsection.''
    1989--Subsec. (b). Pub. L. 101-12, Sec. 3(a)(6), (12), renumbered 
section 1204 of this title as subsec. (b) of this section, substituted 
``Special Counsel shall be appointed by the President'' for ``Special 
Counsel of the Merit Systems Protection Board shall be appointed by the 
President from attorneys'', substituted ``The Special Counsel shall be 
an attorney who, by demonstrated ability, background, training, or 
experience, is especially qualified to carry out the functions of the 
position. A Special Counsel appointed to fill a vacancy occurring before 
the end of a term of office of the Special Counsel's predecessor serves 
for the remainder of the term.'' for ``A Special Counsel appointed to 
fill a vacancy occurring before the end of a term of office of his 
predecessor serves for the remainder of the term.'', and inserted at end 
``The Special Counsel may not 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.''


                             Effective Date

    Subchapter effective 90 days following Apr. 10, 1989, see section 11 
of Pub. L. 101-12, set out as a note under section 1201 of this title.


                            Transfer of Funds

    Section 8(c) of Pub. L. 101-12 provided that: ``The personnel, 
assets, liabilities, contracts, property, records, and unexpended 
balances of appropriations, authorizations, allocations, and other funds 
employed, held, used, arising from, available or to be made available to 
the Special Counsel of the Merit Systems Protection Board are, subject 
to section 1531 of title 31, United States Code, transferred to the 
Special Counsel referred to in section 1211 of title 5, United States 
Code (as added by section 3(a) of this Act), for appropriate 
allocation.''

                  Section Referred to in Other Sections

    This section is referred to in title 38 section 4324.
