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119th Congress

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119th Congress

Title 5 — Government Organization and Employees

Part II · Chapter 12 — Merit Systems Protection Board, Office of Special Counsel, and Employee Right of Action

§ 1204. Powers and functions of the Merit Systems Protection Board

Statutory text

(a)

The Merit Systems Protection Board shall—

(1)

hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, chapter 43 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter;

(2)

order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order;

(3)

conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and

(4)

review, as provided in subsection (f), rules and regulations of the Office of Personnel Management.

(b)
(1)

Any member of the Merit Systems Protection Board, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evidence.

(2)

Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual—

(A)

issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and

(B)

order the taking of depositions from, and responses to written interrogatories by, any such individual.

(3)

Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee and mileage allowances which are paid subpoenaed witnesses in the courts of the United States.

(c)

In the case of contumacy or failure to obey a subpoena issued under subsection (b)(2)(A) or section 1214(b), upon application by the Board, the United States district court for the district in which the person to whom the subpoena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.

(d)

A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can assert jurisdiction over such individual, the United States District Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.

(e)
(1)
(A)

In any proceeding under subsection (a)(1), any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management.

(B)
(i)

The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment, except that an agency (other than the Office of Special Counsel) may not request any such order with regard to an investigation by the Office of Special Counsel from the Board during such investigation.

(ii)

An order issued under this subparagraph may be enforced in the same manner as provided for under paragraph (2) with respect to any order under subsection (a)(2).

(2)
(A)

In enforcing compliance with any order under subsection (a)(2), the Board may order that any employee charged with complying with such order, other than an employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order.

(B)

The Board shall prescribe regulations under which any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board to exercise its authority under subparagraph (A).

(3)

In carrying out any study under subsection (a)(3), the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office of Personnel Management and may require additional reports from other agencies as needed.

(f)
(1)

At any time after the effective date of any rule or regulation issued by the Director of the Office of Personnel Management in carrying out functions under section 1103, the Board shall review any provision of such rule or regulation—

(A)

on its own motion;

(B)

on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any interested person, after consideration of the petition by the Board; or

(C)

on the filing of a written complaint by the Special Counsel requesting such review.

(2)

In reviewing any provision of any rule or regulation pursuant to this subsection, the Board shall declare such provision—

(A)

invalid on its face, if the Board determines that such provision would, if implemented by any agency, on its face, require any employee to violate section 2302(b); or

(B)

invalidly implemented by any agency, if the Board determines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302(b).

(3)

The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review.

(4)

The Board shall require any agency—

(A)

to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and

(B)

to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board declares under this subsection to have been invalidly implemented by the agency.

(g)

The Board may delegate the performance of any of its administrative functions under this title to any employee of the Board.

(h)

The Board shall have the authority to prescribe such regulations as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board shall be published in the Federal Register.

(i)

Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise authorized by law.

(j)

The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of chapter 33).

(k)

The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall, as revised, be included as a separate item in the budget required to be transmitted to the Congress under section 1105 of title 31.

(l)

The Board shall submit to the President, and, at the same time, to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title.

(m)
(1)

Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case arising under section 1215, may require payment by the agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency’s action was clearly without merit.

(2)

If an employee or applicant for employment is the prevailing party of a case arising under section 1215 and the decision is based on a finding of discrimination prohibited under section 2302(b)(1) of this title, the payment of attorney fees shall be in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e–5(k)).

(n)

The Board may accept and use gifts and donations of property and services to carry out the duties of the Board.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 95–454 title II § 202(a) · 92 Stat. 1111

    Enacted · 5 U.S.C. § 1204

    Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1205

    Source evidence

    Code source credit
    Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1205

    Enacted provision · exact public law section
    (a) Title 5, United States Code, is amended by inserting after chapter 11 the following new chapter: “CHAPTER 12— MERIT SYSTEMS PROTECTION BOARD AND SPECIAL COUNSEL “Sec. “1201. Appointment of members of the Merit Systems Protection Board. “1202. Term of office; filling vacancies; removal. “1203. Chairman; Vice Chairman. “1204. Special Counsel; appointment and removal. “1205. Powers and functions of the Merit Systems Protection Board and Special Counsel. “1206. Authority and responsibilities of the Special Counsel. “1207. Hearings and decisions on complaints filed by the Special Counsel. “1208. Stays of certain personnel actions. “1209. Information. “§ 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 Chairman and 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. “§1202. Term of office, filling vacancies; removal “(a) The term of office of each member of the Merit Systems Protection Board is 7 years. “(b) A member appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201 of this title. “(c) Any member appointed for a 7-year term may not be reappointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section. “(d) Any member may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. “§1203. Chairman; Vice Chairman “(a) The President shall from time to time, appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board. “(b) The President shall from time to time designate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chairman is vacant, the Vice Chairman shall perform the functions vested in the Chairman. “(c) During the absence or disability of both the Chairman and Vice Chairman, or when the offices of Chairman and Vice Chairman are vacant, the remaining Board member shall perform the functions vested in the Chairman. “§1204. Special Counsel; appointment and removal “The Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys, by and with the advice and consent of the Senate, for a term of 5 years. 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. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. “§1205. Powers and functions of the Merit Systems Protection Board and Special Counsel “(a) The Merit Systems Protection Board shall— “(1) hear, adjudicate, or provide for the hearing or adjudication, of all matters within the jurisdiction of the Board under this title, section 2023 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter; “(2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; “(3) conduct, from time to time, special studies relating to the civil service and to other merit systems in the executive branch, and report to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and “(4) review, as provided in subsection (e) of this section, rules and regulations of the Office of Personnel Management. “(b) (1) Any member of the Merit Systems Protection Board, the Special Counsel, any administrative law judge appointed by the Board under section 3105 of this title, and any employee of the Board designated 5 USC 3105. by the Board may administer oaths, examine witnesses, take depositions, and receive evidence. “(2) Any member of the Board the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may— “(A) issue subpenas requiring the attendance and testimony Subpenas. of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and “(B) order the taking of depositions and order responses to written interrogatories. “(3) Witnesses (whether appearing voluntarily or under subpena) Witnesses. shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States. “(c) In the case of contumacy or failure to obey a subpena issued under subsection (b) (2) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof. “(d) (1) In any proceeding under subsection (a)(1) of this section, any member of the Board may request from the Director of the Office of Personnel Management an advisory opinion concerning the interpretation of any rule, regulation, or other policy directive promulgated by the Office of Personnel Management. “(2) In enforcing compliance with any order under subsection (a) (2) of this section, the Board may order that any employee charged with complying with such order, other than an employee appointed by the President by and with the advice and consent of the Senate, shall not be entitled to receive payment for service as an employee during any period that the order has not been complied with. The Board shall certify to the Comptroller General of the United States that such an order has been issued and no payment shall be made out of the Treasury of the United States for any service specified in such order. “(3) In carrying out any study under subsection (a)(3) of this section, the Board shall make such inquiries as may be necessary and, unless otherwise prohibited by law, shall have access to personnel records or information collected by the Office and may require additional reports from other agencies as needed. “(e) (1) At any time after the effective date of any rule or regulation issued by the Director in carrying out functions under section 1103 of this title, the Board shall review any provision of such rule Ante, p. 1119. or regulation— “(A) on its own motion; “(B) on the granting by the Board, in its sole discretion, of any petition for such review filed with the Board by any interested person, after consideration of the petition by the Board; or “(C) on the filing of a written complaint by the Special Counsel requesting such review. “(2) In reviewing any provision of any rule or regulation pursuant to this subsection the Board shall declare such provision— “(A) invalid on its face, if the Board determines that such provision would, if implemented by any agency, on its face, require any employee to violate section 2302(b) of this title; or Ante, p. 1114. “(B) invalidly implemented by any agency, if the Board determines that such provision, as it has been implemented by the agency through any personnel action taken by the agency or through any policy adopted by the agency in conformity with such provision, has required any employee to violate section 2302 (b) of this title. “(3) (A) The Director of the Office of Personnel Management, and the head of any agency implementing any provision of any rule or regulation under review pursuant to this subsection, shall have the right to participate in such review. “(B) Any review conducted by the Board pursuant to this subsection shall be limited to determining— “(i) the validity on its face of the provision under review; and “(ii) whether the provision under review has been validly implemented. “(C) The Board shall require any agency.— “(i) to cease compliance with any provisions of any rule or regulation which the Board declares under this subsection to be invalid on its face; and “(ii) to correct any invalid implementation by the agency of any provision of any rule or regulation which the Board declares under this subsection to have been invalidly implemented by the agency. “(f) The Board may delegate the performance of any of its administrative functions under this title to any employee of the Board. “(g) The Board shall have the authority to prescribe such regulations Regulations. as may be necessary for the performance of its functions. The Board shall not issue advisory opinions. All regulations of the Board Publication in Federal Register. shall be published in the Federal Register. “(h) Except as provided in section 518 of title 28, relating to litigation before the Supreme Court, attorneys designated by the Chairman of the Board may appear for the Board, and represent the Board, in any civil action brought in connection with any function carried out by the Board pursuant to this title or as otherwise authorized by law. “(i) The Chairman of the Board may appoint such personnel as may be necessary to perform the functions of the Board. Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VI I I of chapter 33 of this title). 5 USC 3324. Post, p. 1161. “(j) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall, as revised, be included as a separate item in the budget required to be transmitted to the Congress under section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11). “(k) The Board shall submit to the President, and, at the same time, Recommendations, submittal to President and Congress. to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title. “§1206. Authority and responsibilities of the Special Counsel “(a) (1) The Special Counsel shall receive any allegation of a prohibited personnel practice and shall investigate the allegation to the extent necessary to determine whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken. “(2) If the Special Counsel terminates any investigation under paragraph (1) of this subsection, the Special Counsel shall prepare and transmit to any person on whose allegation the investigation was initiated a written statement notifying the person of the termination of the investigation and the reasons therefor. “(3) In addition to authority granted under paragraph (1) of this subsection, the Special Counsel may, in the absence of an allegation, conduct an investigation for the purpose of determining whether there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken. “(b) (1) In any case involving— “(A) any disclosure of information by an employee or applicant for employment which the employee or applicant reasonably believes evidences— “(i) a violation of any law, rule, or regulation; or “(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; if the disclosure is not specifically prohibited by law and if the information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or “(B) a disclosure by an employee or applicant for employment to the Special Counsel of the Merit Systems Protection Board, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures of information which the employee or applicant reasonably believes evidences— “(i) a violation of any law, rule, or regulation; or “(ii) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; the identity of the employee or applicant may not be disclosed without the consent of the employee or applicant during any investigation under subsection (a) of this section or under paragraph (3) of this subsection, unless the Special Counsel determines that the disclosure of the identity of the employee or applicant is necessary in order to carry out the functions of the Special Counsel. “(2) Whenever the Special Counsel receives information of the type described in paragraph (1) of this subsection, the Special Counsel shall promptly transmit such information to the appropriate agency head. “(3) (A) In the case of information received by the Special Counsel under paragraph (1) of this section, if, after such review as the Special Counsel determines practicable (but not later than 15 days after the receipt of the information), the Special Counsel determines that there is a substantial likelihood that the information discloses a violation of any law, rule, or regulation, or mismanagement, gross waste of funds, abuse of authority, or substantial and specific danger to the public health or safety, the Special Counsel may, to the extent provided in subparagraph (B) of this paragraph, require the head of the agency to— “(i) conduct an investigation of the information and any Investigation. related matters transmitted by the Special Counsel to the head of the agency; and “(ii) submit a written report setting forth the findings of the Written report. head of the agency within 60 days after the date on which the information is transmitted to the head of the agency or within any longer period of time agreed to in writing by the Special Counsel. “(B) The Special Counsel may require an agency head to conduct an investigation and submit a written report under subparagraph (A) of this paragraph only if the information was transmitted to the Special Counsel by— “(i) any employee or former employee or applicant for employment in the agency which the information concerns; or “(ii) any employee who obtained the information in connection with the performance of the employee’s duties and responsibilities. “(4) Any report required under paragraph (3) (A) of this subsection shall be reviewed and signed by the head of the agency and shall include— “(A) a summary of the information with respect to which the investigation was initiated; “(B) a description of the conduct of the investigation; “(C) a summary of any evidence obtained from the investigation; “(D) a listing of any violation or apparent violation of any law, rule, or regulation; and “(E) a description of any corrective action taken or planned as a result of the investigation, such as— “(i) changes in agency rules, regulations, or practices; “(ii) the restoration of any aggrieved employee; “(iii) disciplinary action against any employee; and “(iv) referral to the Attorney General of any evidence of a criminal violation. “(5) (A) Any such report shall be submitted to the Congress, to the President, and to the Special Counsel for transmittal to the complainant. Whenever the Special Counsel does not receive the report of the agency head within the time prescribed in paragraph (3)(A)(ii) of this subsection, the Special Counsel may transmit a copy of the information which was transmitted to the agency head to the President and to the Congress together with a statement noting the failure of the head of the agency to file the required report. “(B) In any case in which evidence of a criminal violation obtained by an agency in an investigation under paragraph (3) of this subsection is referred to the Attorney General— “(i) the report shall not be transmitted to the complainant; and “(ii) the agency shall notify the Office of Personnel Management and the Office of Management and Budget of the referral. “(6) Upon receipt of any report of the head of any agency required under paragraph (3)(A)(ii) of this subsection, the Special Counsel shall review the report and determine whether— “(A) the findings of the head of the agency appear reasonable; and “(B) the agency’s report under paragraph (3)(A)(ii) of this subsection contains the information required under paragraph (4) of this subsection. “(7) Whenever the Special Counsel transmits any information to the head of the agency under paragraph (2) of this subsection but does not require an investigation under paragraph (3) of this subsection, the head of the agency shall, within a reasonable time after the information was transmitted, inform the Special Counsel, in writing, of what action has been or is to be taken and when such action will be completed. The Special Counsel shall inform the complainant of the report of the agency head., “(8) Except as specifically authorized under this subsection, the provisions of this subsection shall not be considered to authorize disclosure of any information by any agency or any person which is— “(A) specifically prohibited from disclosure by any other provision of law; or “(B) specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs. “(9) In any case under subsection (b) (1) (B) of this section involving Information, transmittal to congressional committees. foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order, the Special Counsel shall transmit such information to the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate. “(c) (1) (A) If, in connection with any investigation under this section, the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken which requires corrective action, the Special Counsel shall report the determination together with any findings or recommendations to the Board, the agency involved, and to the Office, and may report the determination, findings, and recommendations to the President. The Special Counsel may include in the report recommendations as to what corrective action should be taken. “(B) If, after a reasonable period, the agency has not taken the corrective action recommended, the Special Counsel may request the Board to consider the matter. The Board may order such corrective action as the Board considers appropriate, after opportunity for comment by the agency concerned and the Office of Personnel Management. “(2) (A) If, in connection with any investigation under this section, the Special Counsel determines that there is reasonable cause to believe that a criminal violation by an employee has occurred, the Special Counsel shall report the determination to the Attorney General and to the head of the agency involved, and shall submit a copy of the report to the Director of the Office of Personnel Management and the Director of the Office of Management and Budget. “(B) In any case in which the Special Counsel determines that there are reasonable grounds to believe that a prohibited personnel practice has occurred, exists, or is to be taken, the Special Counsel may proceed with any investigation or proceeding instituted under this section notwithstanding that the alleged violation has been reported to the Attorney General. “(3) If, in connection with any investigation under this section, the Special Counsel determines that there is reasonable cause to believe that any violation of any law, rule, or regulation has occurred which is not referred to in paragraph (1) or (2) of this subsection, the violation shall be reported to the head of the agency involved. The Special Counsel shall require, within 30 days of the receipt of the report by the agency, a certification by the head of the agency which states— “(A) that the head of the agency has personally reviewed the report; and “(B) what action has been, or is to be, taken, and when the action will be completed. “(d) The Special Counsel shall maintain and make available to the Public list. public a list of noncriminal matters referred to heads of agencies under subsections (b) (3) (A) and (c) (3) of this section, together with— “(1) reports by the heads of agencies under subsection (b) (3) Reports. (A) of this section, in the case of matters referred under subsection (b); and “(2) certifications by heads of agencies under subsection (c) Certifications. (3), in the case of matters referred under subsection (c). The Special Counsel shall take steps to ensure that any such public list does not contain any information the disclosure of which is prohibited by law or by Executive order requiring that information be kept secret in the interest of national defense or the conduct of foreign affairs. “(e) (1) In addition to the authority otherwise provided in this section, the Special Counsel shall, except as provided in paragraph (2) of this subsection, conduct an investigation of any allegation concerning— “(A) political activity prohibited under subchapter III of chapter 73 of this title, relating to political activities by Federal 5 USC 7321. employees; “(B) political activity prohibited under chapter 15 of this title, 5 USC 1501 et seq. relating to political activities by certain State and local officers and employees; “(C) arbitrary or capricious withholding of information prohibited under section 552 of this title, except that the Special 5 USC 552. Counsel shall make no investigation under this subsection of any withholding of foreign intelligence or counterintelligence information the disclosure of which is specifically prohibited by law or by Executive order; “(D) activities prohibited by any civil service law, rule, or regulation, including any activity relating to political intrusion in personnel decisionmaking; and “(E) involvement by any employee in any prohibited discrimination found by any court or appropriate administrative authority to have occurred in the course of any personnel action. “(2) The Special Counsel shall make no investigation of any allegation of any prohibited activity referred to in paragraph (1)(D) or (1)(E) of this subsection if the Special Counsel determines that the allegation may be resolved more appropriately under an administrative appeals procedure. “(f) During any investigation initiated under this section, no disciplinary action shall be taken against any employee for any alleged prohibited activity under investigation or for any related activity without the approval of the Special Counsel. “(g) (1) Except as provided in paragraph (2) of this subsection, if the Special Counsel determines that disciplinary action should be taken against any employee— “(A) after any investigation under this section, or “(B) on the basis of any knowing and willful refusal or failure by an employee to comply with an order of the Merit Systems Protection Board, the Special Counsel shall prepare a written complaint against the employee containing his determination, together with a statement of supporting facts, and present the complaint and statement to the employee and the Merit Systems Protection Board in accordance with section 1207 of this title. “(2) In the case of an employee in a confidential, policy-making, policy-determining, or policy-advocating position appointed by the President, by and with the advice and consent of the Senate (other than an individual in the Foreign Service of the United States), the complaint and statement referred to in paragraph (1) of this subsection, together with any response by the employee, shall be presented to the President for appropriate action in lieu of being presented under section 1207 of this title. “(h) If the Special Counsel believes there is a pattern of prohibited personnel practices and such practices involve matters which are not otherwise appealable to the Board under section 7701 of this title, the Post, p. 1138. Special Counsel may seek corrective action by filing a written complaint with the Board against the agency or employee involved and the Board shall order such corrective action as the Board determines necessary. “(i) The Special Counsel may as a matter of right intervene or otherwise participate in any proceeding before the Merit Systems Protection Board, except that the Special Counsel shall comply with the rules of the Board and the Special Counsel shall not have any right of judicial review in connection with such intervention. “(j) (1) The Special Counsel may appoint the legal, administrative, and support personnel necessary to perform the functions of the Special Counsel. “(2) Any appointment made under this subsection shall comply with the provisions of this title, except that such appointment shall not be subject to the approval or supervision of the Office of Personnel Management or the Executive Office of the President (other than approval required under section 3324 or subchapter VIII of- chapter 33 of this title). 5 USC 3324. Post, p. 1161. Regulations. Publication in Federal Register. “(k) The Special Counsel may prescribe regulations relating to the receipt and investigation of matters under the jurisdiction of the Special Counsel. Such regulations shall be published in the Federal Register. “(l) The Special Counsel shall not issue any advisory opinion concerning any law, rule, or regulation (other than an advisory opinion concerning chapter 15 or subchapter III of chapter 73 of this title). 5 USC 1501 et seq., 7321. Report to Congress. “(m) The Special Counsel shall submit an annual report to the Congress on the activities of the Special Counsel, including the number, types, and disposition of allegations of prohibited personnel practices filed with it, investigations conducted by it, and actions initiated by it before the Board, as well as a description of the recommendations and reports made by it to other agencies pursuant to this section, and the actions taken by the agencies as a result of the reports or recom-mendations. The report required by this subsection shall include whatever recommendations for legislation or other action by Congress the Special Counsel may deem appropriate. “§1207. Hearings and decisions on complaints filed by the Special Counsel “(a) Any employee against whom a complaint has been presented to the Merit Systems Protection Board under section 1206(g) of this title is entitled to— “(1) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer; “(2) be represented by an attorney or other representative; “(3) a hearing before the Board or an administrative law judge appointed under section 3105 of this title and designated by the 5 USC 3105. Board; “(4) have a transcript kept of any hearing under paragraph (3) of this subsection; and “(5) a written decision and reasons therefor at the earliest practicable date, including a copy of any final order imposing disciplinary action. “(b) A final order of the Board may impose disciplinary action Final order. consisting of removal, reduction in grade, debarment from Federal employment for a period not to exceed 5 3^ears, suspension, reprimand, or an assessment of a civil penalty not to exceed $1,000. “(c) There may be no administrative appeal from an order of the Board. An employee subject to a final order imposing disciplinary action under this section may obtain judicial review of the order in the United States court of appeals for the judicial circuit in which the employee resides or is employed at the time of the action. “(d) In the case of any State or local officer or employee under chapter 15 of this title, the Board shall consider the case in accordance 5 USC 1501 et seq. with the provisions of such chapter. “§1208. Stays of certain personnel actions “(a) (1) The Special Counsel may request any member of the Merit Systems Protection Board to order a stay of any personnel action for 15 calendar days if the Special Counsel determines that there are reasonable grounds to believe that the personnel action was taken, or is to be taken, as a result of a prohibited personnel practice. “(2) Any member of the Board requested by the Special Counsel to order a stay under paragraph (1) of this subsection shall order such stay unless the member determines that, under the facts and circumstances involved, such a stay would not be appropriate. “(3) Unless denied under paragraph (2) of this subsection, any stay under this subsection shall be granted within 3 calendar days (excluding Saturdays, Sundays, and legal holidays) after the date of the request for the stay by the Special Counsel. “(b) Any member of the Board may, on the request of the Special Counsel, extend the period of any stay ordered under subsection (a) of this section for a period of not more than 30 calendar days. “(c) The Board may extend the period of any stay granted under subsection (a) of this section for any period which the Board considers appropriate, but only if the Board concurs in the determination of the Special Counsel under such subsection, after an opportunity is provided for oral or written comment by the Special Counsel and the agency involved. “§1209. Information “(a) Notwithstanding any other provision of law or any rule, regulation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority. “(b) The Board shall submit an annual report to the President and Report to President and Congress. the Congress on its activities, which shall include a description of significant actions taken by the Board to carry out its functions under this title. The report shall also review the significant actions of the Office of Personnel Management, including an analysis of whether the actions of the Office of Personnel Management are in accord with merit system principles and free from prohibited personnel practices.”.

  2. Pub. L. 97–258 § 3(a)(2) · 96 Stat. 1063

    Substituted · 5 U.S.C. § 1204(j)

    Pub. L. 97–258 substituted “section 1105 of title 31” for “section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)”

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 97–258 substituted “section 1105 of title 31” for “section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)”.

  3. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7) · 103 Stat. 16

    Changed · 5 U.S.C. § 1204

    Pub. L. 101–12, § 3(a)(7), renumbered section 1205 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 101–12, § 3(a)(7), renumbered section 1205 of this title as this section.

    Enacted provision · exact public law section
    (7) by redesignating section 1205 as section 1204, and amending such redesignated section— (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear; (B) by striking out “subpena” and “subpenaed” each place such terms appear and inserting in lieu thereof “subpoena” and “subpoenaed”, respectively; (C) in subsection (a)(4) by striking out “(e)” and inserting in lieu thereof “(f)”; (D) by amending subsection (b)(2) to read as follows: “(2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual— “(A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and “(B) order the taking of depositions from, and responses to written interrogatories by, any such individual.”; (E) in subsection (c) in the first sentence— (i) by striking out “(b)(2) of this section,” and inserting in lieu thereof “(b)(2)(A) or section 1214(b), upon application by the Board,”; and (ii) by striking out “judicial”; (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”; (G) in subsection (e) (as redesignated by subparagraph (F) of this paragraph)— (i) in paragraph (1)— (I) by redesignating such paragraph as subparagraph (A) of paragraph (1); and (II) by inserting at the end thereof the following new subparagraph: “(B) (i) The Merit Systems Protection Board may, during an investigation by the Office of Special Counsel or during the pendency of any proceeding before the Board, issue any order which may be necessary to protect a witness or other individual from harassment, except that an agency (other than the Office of Special Counsel) may not request any such order with regard to an investigation by the Office of Special Counsel from the Board during such investigation. “(ii) An order issued under this subparagraph may be enforced in the same manner as provided for under paragraph (2) with respect to any order under subsection (a)(2).”; (ii) in paragraph (2)— (I) by redesignating such paragraph as subparagraph (A) of paragraph (2) and striking out “of this section” in the first sentence therein; and (II) by inserting at the end thereof the following new subparagraph (B): “(B) The Board shall prescribe regulations under which any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board to exercise its authority under subparagraph (A).”; and (iii) in paragraph (3) by inserting “of Personnel Management”; after “Office” (H) in subsection (f) (as redesignated by subparagraph (F) of this paragraph)— (i) in paragraph (1) in the first sentence by inserting “of the Office of Personnel Management” after “Director”, and by striking out “of this title”; (ii) in paragraph (2)— (I) in the first sentence by inserting a comma after “subsection”; (II) in subparagraph (A) by striking out “of this title”; and (III) in subparagraph (B) by striking out “of this title”; and (iii) in paragraph (3)— (I) in subparagraph (A) by striking out “(A)”; (II) by striking out subparagraph (B); and (III) by redesignating subparagraph (C) and clauses (i) and (ii) therein as paragraph (4) and subparagraph (A) and (B), respectively; and (I) in subsection (j) (as redesignated by subparagraph (F) of this paragraph) in the second sentence by striking out “of this title” after “chapter 33”;

  4. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(A) · 103 Stat. 16

    Struck · 5 U.S.C. § 1204

    Pub. L. 101–12, § 3(a)(7)(A), struck out “and Special Counsel” after “Board” in section catchline

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 101–12, § 3(a)(7)(A), struck out “and Special Counsel” after “Board” in section catchline.

    Enacted provision · exact public law section
    (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear;

  5. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(A) · 103 Stat. 16

    Substituted · 5 U.S.C. § 1204(a)(4)

    Pub. L. 101–12, § 3(a)(7)(A), (C), substituted “subsection (f)” for “subsection (e) of this section”

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 101–12, § 3(a)(7)(A), (C), substituted “subsection (f)” for “subsection (e) of this section”.

    Enacted provision · exact public law section
    (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear;

  6. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(A) · 103 Stat. 16

    Struck · 5 U.S.C. § 1204(b)(1)

    Pub. L. 101–12, § 3(a)(7)(A), struck out “the Special Counsel,” after “Board,”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 101–12, § 3(a)(7)(A), struck out “the Special Counsel,” after “Board,”.

    Enacted provision · exact public law section
    (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear;

  7. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(D) · 103 Stat. 16

    Amended · 5 U.S.C. § 1204(b)(2)

    Pub. L. 101–12, § 3(a)(7)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any member of the Board, the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may—

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 101–12, § 3(a)(7)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any member of the Board, the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may—

    “(A) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and “(B) order the taking of depositions and order responses to written interrogatories.”

    Enacted provision · exact public law section
    (D) by amending subsection (b)(2) to read as follows: “(2) Any member of the Board, any administrative law judge appointed by the Board under section 3105, and any employee of the Board designated by the Board may, with respect to any individual— “(A) issue subpoenas requiring the attendance and presentation of testimony of any such individual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and “(B) order the taking of depositions from, and responses to written interrogatories by, any such individual.”;

  8. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(B) · 103 Stat. 16

    1. Substituted · 5 U.S.C. § 1204(b)(3)

      Pub. L. 101–12, § 3(a)(7)(B), substituted “subpoena” for “subpena”

    2. Substituted · 5 U.S.C. § 1204(b)(3)

      Pub. L. 101–12, § 3(a)(7)(B), substituted “subpoenaed” for “subpenaed”

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 101–12, § 3(a)(7)(B), substituted “subpoena” for “subpena” and “subpoenaed” for “subpenaed”.

    Enacted provision · exact public law section
    (B) by striking out “subpena” and “subpenaed” each place such terms appear and inserting in lieu thereof “subpoena” and “subpoenaed”, respectively;

  9. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(B) · 103 Stat. 16

    1. Substituted · 5 U.S.C. § 1204(c)

      Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “subpoena” for “subpena”

    2. Substituted · 5 U.S.C. § 1204(c)

      Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “(b)(2)(A) or section 1214(b), upon application by the Board” for “(b)(2) of this section”

    3. Substituted · 5 U.S.C. § 1204(c)

      Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “for the district” for “for the judicial district”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “subpoena” for “subpena” in two places, “(b)(2)(A) or section 1214(b), upon application by the Board” for “(b)(2) of this section”, and “for the district” for “for the judicial district”.

    Enacted provision · exact public law section
    (B) by striking out “subpena” and “subpenaed” each place such terms appear and inserting in lieu thereof “subpoena” and “subpoenaed”, respectively;

  10. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    Redesignated · 5 U.S.C. § 1204(d)

    Pub. L. 101–12, § 3(a)(7)(F), added subsec. (d). Former subsec. (d) redesignated (e)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–12, § 3(a)(7)(F), added subsec. (d). Former subsec. (d) redesignated (e).

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  11. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    Redesignated · 5 U.S.C. § 1204(e)

    Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  12. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(A) · 103 Stat. 16

    1. Amended · 5 U.S.C. § 1204(e)(1)

      Pub. L. 101–12, § 3(a)(7)(A), (G)(i), designated existing provisions as subpar. (A)

    2. Struck · 5 U.S.C. § 1204(e)(1)

      Pub. L. 101–12, § 3(a)(7)(A), (G)(i), struck out “of this section” after “subsection (a)(1)”

    3. Added · 5 U.S.C. § 1204(e)(1)

      Pub. L. 101–12, § 3(a)(7)(A), (G)(i), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 101–12, § 3(a)(7)(A), (G)(i), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(1)”, and added subpar. (B).

    Enacted provision · exact public law section
    (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear;

  13. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(G)(ii) · 103 Stat. 16

    1. Amended · 5 U.S.C. § 1204(e)(2)

      Pub. L. 101–12, § 3(a)(7)(G)(ii), designated existing provisions as subpar. (A)

    2. Struck · 5 U.S.C. § 1204(e)(2)

      Pub. L. 101–12, § 3(a)(7)(G)(ii), struck out “of this section” after “subsection (a)(2)”

    3. Added · 5 U.S.C. § 1204(e)(2)

      Pub. L. 101–12, § 3(a)(7)(G)(ii), added subpar. (B)

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 101–12, § 3(a)(7)(G)(ii), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(2)”, and added subpar. (B).

    Enacted provision · exact public law section
    (ii) in paragraph (2)— (I) by redesignating such paragraph as subparagraph (A) of paragraph (2) and striking out “of this section” in the first sentence therein; and (II) by inserting at the end thereof the following new subparagraph (B): “(B) The Board shall prescribe regulations under which any employee who is aggrieved by the failure of any other employee to comply with an order of the Board may petition the Board to exercise its authority under subparagraph (A).”; and

  14. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(A) · 103 Stat. 16

    Struck and inserted · 5 U.S.C. § 1204(e)(3)

    Pub. L. 101–12, § 3(a)(7)(A), (G)(iii), struck out “of this section” after “subsection (a)(3)” and inserted “of Personnel Management” after “Office”

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 101–12, § 3(a)(7)(A), (G)(iii), struck out “of this section” after “subsection (a)(3)” and inserted “of Personnel Management” after “Office”.

    Enacted provision · exact public law section
    (A) by striking out “and Special Counsel”, “the Special Counsel,” and “of this section” each place such terms appear;

  15. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    Redesignated · 5 U.S.C. § 1204(f)

    Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  16. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(H)(i) · 103 Stat. 16

    1. Inserted · 5 U.S.C. § 1204(f)(1)

      Pub. L. 101–12, § 3(a)(7)(H)(i), inserted “of the Office of Personnel Management” after “Director”

    2. Struck · 5 U.S.C. § 1204(f)(1)

      Pub. L. 101–12, § 3(a)(7)(H)(i), struck out “of this title” after “section 1103”

    Source evidence

    Code amendment note
    Subsec. (f)(1). Pub. L. 101–12, § 3(a)(7)(H)(i), inserted “of the Office of Personnel Management” after “Director” and struck out “of this title” after “section 1103”.

    Enacted provision · exact public law section
    (i) in paragraph (1) in the first sentence by inserting “of the Office of Personnel Management” after “Director”, and by striking out “of this title”;

  17. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(H)(ii) · 103 Stat. 16

    Struck and inserted · 5 U.S.C. § 1204(f)(2)

    Pub. L. 101–12, § 3(a)(7)(H)(ii), inserted comma after “subsection” and in subpars. (A) and (B) struck out “of this title” after “section 2302(b)”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 101–12, § 3(a)(7)(H)(ii), inserted comma after “subsection” and in subpars. (A) and (B) struck out “of this title” after “section 2302(b)”.

    Enacted provision · exact public law section
    (ii) in paragraph (2)— (I) in the first sentence by inserting a comma after “subsection”; (II) in subparagraph (A) by striking out “of this title”; and (III) in subparagraph (B) by striking out “of this title”; and

  18. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(H)(iii) · 103 Stat. 16

    1. Struck · 5 U.S.C. § 1204(f)(3); 5 U.S.C. § 1204(f)(4)

      Pub. L. 101–12, § 3(a)(7)(H)(iii), struck out “(A)” before “The Director”

    2. Struck · 5 U.S.C. § 1204(f)(3); 5 U.S.C. § 1204(f)(4)

      Pub. L. 101–12, § 3(a)(7)(H)(iii), struck out subpar. (B) which provided that any review conducted by the Board be limited to determining the validity on its face of the provision under review and whether the provision under review has been validly implemented

    3. Redesignated · 5 U.S.C. § 1204(f)(3); 5 U.S.C. § 1204(f)(4)

      Pub. L. 101–12, § 3(a)(7)(H)(iii), redesignated former subpar. (C) and cls. (i) and (ii) of former subpar. (C) as par. (4) and subpars. (A) and (B), respectively, of par. (4)

    Source evidence

    Code amendment note
    Subsec. (f)(3), (4). Pub. L. 101–12, § 3(a)(7)(H)(iii), struck out “(A)” before “The Director”, struck out subpar. (B) which provided that any review conducted by the Board be limited to determining the validity on its face of the provision under review and whether the provision under review has been validly implemented, and redesignated former subpar. (C) and cls. (i) and (ii) of former subpar. (C) as par. (4) and subpars. (A) and (B), respectively, of par. (4).

    Enacted provision · exact public law section
    (iii) in paragraph (3)— (I) in subparagraph (A) by striking out “(A)”; (II) by striking out subparagraph (B); and (III) by redesignating subparagraph (C) and clauses (i) and (ii) therein as paragraph (4) and subparagraph (A) and (B), respectively; and

  19. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    Redesignated · 5 U.S.C. § 1204(g)(i)

    Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (f) to (h) as (g) to (i), respectively. Former subsec. (i) redesignated (j)

    Source evidence

    Code amendment note
    Subsecs. (g) to (i). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (f) to (h) as (g) to (i), respectively. Former subsec. (i) redesignated (j).

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  20. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    1. Redesignated · 5 U.S.C. § 1204(j)

      Pub. L. 101–12, § 3(a)(7)(F), (I), redesignated former subsec. (i) as (j)

    2. Redesignated · 5 U.S.C. § 1204(j)

      Pub. L. 101–12, § 3(a)(7)(F), (I), substituted “chapter 33” for “chapter 33 of this title”. Former subsec. (j) redesignated (k)

    Source evidence

    Code amendment note
    Subsec. (j). Pub. L. 101–12, § 3(a)(7)(F), (I), redesignated former subsec. (i) as (j) and substituted “chapter 33” for “chapter 33 of this title”. Former subsec. (j) redesignated (k).

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  21. Whistleblower Protection Act of 1989

    Pub. L. 101–12 § 3(a)(7)(F) · 103 Stat. 16

    Redesignated · 5 U.S.C. § 1204(k); 5 U.S.C. § 1204(l)

    Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (j) and (k) as (k) and (l), respectively

    Source evidence

    Code amendment note
    Subsecs. (k), (l). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (j) and (k) as (k) and (l), respectively.

    Enacted provision · exact public law section
    (F) by redesignating subsections (d) through (k} as subsections (e) through 0), respectively, and inserting after subsection (c) the following new subsection: “(d) A subpoena referred to in subsection (b)(2)(A) may, in the case of any individual outside the territorial jurisdiction of any court of the United States, be served in such manner as the Federal Rules of Civil Procedure prescribe for service of a subpoena in a foreign country. To the extent that the courts of the United States can District of assert jurisdiction over such individual, the United States District of Columbia. Court for the District of Columbia shall have the same jurisdiction to take any action respecting compliance under this subsection by such individual that such court would have if such individual were personally within the jurisdiction of such court.”;

  22. Veterans’ Benefits Act of 1992

    Pub. L. 102–568 title V § 506(c)(4) · 106 Stat. 4320

    Substituted · 5 U.S.C. § 1204(a)(1)

    Pub. L. 102–568 substituted “4323” for “2023”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–568 substituted “4323” for “2023”.

    Enacted provision · exact public law section
    (4) Section 1204(a)(1) of title 5, United States Code, is amended by striking out “2023” and inserting in lieu thereof “4323”.

  23. Uniformed Services Employment and Reemployment Rights Act of 1994

    Pub. L. 103–353 § 2(b)(2)(A) · 108 Stat. 3149

    Substituted · 5 U.S.C. § 1204(a)(1)

    Pub. L. 103–353 substituted “chapter 43” for “section 4323”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–353 substituted “chapter 43” for “section 4323”.

    Enacted provision · exact public law section
    (A) Section 1204(a)(1) of title 5, United States Code, is amended by striking out “section 4323” and inserting in lieu thereof “chapter 43”.

  24. Pub. L. 103–424 § 2 · 108 Stat. 4361

    Added · 5 U.S.C. § 1204(m)

    Pub. L. 103–424 added subsec. (m)

    Source evidence

    Code amendment note
    Subsec. (m). Pub. L. 103–424 added subsec. (m).

    Enacted provision · exact public law section
    SEC. 2. REASONABLE ATTORNEY FEES IN CERTAIN CASES. Section 1204 of title 5, United States Code, is amended by adding at the end thereof the following new subsection: “(m) (1) Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case arising under section 1215, may require payment by the agency involved of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency’s action was clearly without merit. “(2) If an employee or applicant for employment is the prevailing party of a case arising under section 1215 and the decision is based on a finding of discrimination prohibited under section 2302(b)(1) of this title, the payment of attorney fees shall be in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5(k)).”.

  25. Veterans’ Benefits Improvements Act of 1994

    Pub. L. 103–446 title XII § 1203(c)(1) · 108 Stat. 4645

    1. Substituted · 5 U.S.C. § 1204(a)(1)

      Pub. L. 103–446, which directed the amendment of par. (1) by substituting “section 4303” for “section 4323” . See below

    2. Substituted · 5 U.S.C. § 1204(a)(1)

      Pub. L. 103–446, which directed the amendment of par. (1) by substituting “chapter 43” for “section 4323” . See below

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–446, which directed the amendment of par. (1) by substituting “section 4303” for “section 4323” could not be executed because the phrase “section 4323” does not appear in text subsequent to the intervening amendment by Pub. L. 103–353 substituting “chapter 43” for “section 4323”. See below.

    Enacted provision · exact public law section
    (1) Section 1204(a)(1) of title 5, United States Code, is amended by striking out “section 4323” and inserting in lieu thereof “section 4303”.

  26. Whistleblower Protection Enhancement Act of 2012

    Pub. L. 112–199 title I § 107(a) · 126 Stat. 1465

    Substituted · 5 U.S.C. § 1204(m)(1)

    Pub. L. 112–199 substituted “agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case” for “agency involved”

    Source evidence

    Code amendment note
    Subsec. (m)(1). Pub. L. 112–199 substituted “agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case” for “agency involved”.

    Enacted provision · exact public law section
    (a) Attorney Fees.— Section 1204(m)(1) of title 5, United States Code, is amended by striking “agency involved” and inserting “agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case”.

    Effective date note
    Pub. L. 112–199, title II, § 202, Nov. 27, 2012, 126 Stat. 1476, provided that: “Except as otherwise provided in section 109 [see Effective Date note set out under section 2304 of this title], this Act [see section 1 of Pub. L. 112–199, set out as a Short Title of 2012 Amendment note under section 101 of this title] shall take effect 30 days after the date of enactment of this Act [Nov. 27, 2012].”

  27. Financial Services and General Government Appropriations Act, 2014

    Pub. L. 113–76 div. E title V · 128 Stat. 5

    Added · 5 U.S.C. § 1204(n)

    Pub. L. 113–76 added subsec. (n)

    Source evidence

    Code amendment note
    Subsec. (n). Pub. L. 113–76 added subsec. (n).

    Enacted provision · exact public law
    TITLE V INDEPENDENT AGENCIES Administrative Conference of the United States salaries and expenses   For necessary expenses of the Administrative Conference of the United States, authorized by 5 U.S.C. 591 et seq., $3,000,000, to remain available until September 30, 2015, of which not to exceed $1,000 is for official reception and representation expenses. Christopher Columbus Fellowship Foundation salaries and expenses   For payment to the Christopher Columbus Fellowship Foundation, established by section 423 of Public Law 102–281, $150,000, to remain available until expended. Consumer Product Safety Commission salaries and expenses   For necessary expenses of the Consumer Product Safety Commission, including hire of passenger motor vehicles, services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem rate equivalent to the maximum rate payable under 5 U.S.C. 5376, purchase of nominal awards to recognize non-Federal officials’ contributions to Commission activities, and not to exceed $4,000 for official reception and representation expenses, $118,000,000, of which $1,000,000 shall remain available until expended to carry out the program required by section 1405 of the Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004). Sec. 501. administrative provision—consumer product safety commission The Virginia Graeme Baker Pool and Spa Safety Act (15 U.S.C. 8001 et seq.) is amended— (1) in section 1405 (15 U.S.C. 8004)— (A) in subsection (b)(1)(A), by striking “all swimming pools constructed after the date that is 6 months after the date of enactment of the Financial Services and General Government Appropriations Act, 2012 in the State” and inserting “all swimming pools constructed in the State after the date the State submits an application to the Commission for a grant under this section”; and (B) in subsection (e)— (i) by striking the first sentence and inserting the following: “There is authorized to be appropriated to the Commission such sums as may be necessary to carry out this section through fiscal year 2016.”; and (ii) in the second sentence, by striking “fiscal year 2012” and inserting “fiscal year 2016”; and (2) in section 1406(a) (15 U.S.C. 8005(a))— (A) in paragraph (1)(A)— (i) in clause (i), by inserting “and” after the semicolon; (ii) by striking clauses (ii), (iv) and (v) and redesignating clause (iii) as clause (ii); and (iii) in clause (ii)(III) (as so redesignated), by inserting “and” after the semicolon; (B) by striking paragraph (2) and redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (C) in paragraph (3) (as so redesignated), by striking “paragraph (1)” and inserting “paragraph (1)(B)”. Election Assistance Commission salaries and expenses (including transfer of funds)   For necessary expenses to carry out the Help America Vote Act of 2002 (Public Law 107–252), $10,000,000, of which $1,900,000 shall be transferred to the National Institute of Standards and Technology for election reform activities authorized under the Help America Vote Act of 2002. Federal Communications Commission salaries and expenses   For necessary expenses of the Federal Communications Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed $4,000 for official reception and representation expenses; purchase and hire of motor vehicles; special counsel fees; and services as authorized by 5 U.S.C. 3109, $339,844,000, to remain available until expended: Provided, That of which not less than $300,000 shall be available for consultation with federally recognized Indian tribes, Alaska Native villages, and entities related to Hawaiian Home Lands: Provided further, That $339,844,000 of offsetting collections shall be assessed and collected pursuant to section 9 of title I of the Communications Act of 1934, shall be retained and used for necessary expenses and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced as such offsetting collections are received during fiscal year 2014 so as to result in a final fiscal year 2014 appropriation estimated at $0: Provided further, That any offsetting collections received in excess of $339,844,000 in fiscal year 2014 shall not be available for obligation: Provided further, That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such year and otherwise becoming available on October 1, 2013, shall not be available for obligation: Provided further, That notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for obligation shall not exceed $98,700,000 for fiscal year 2014: Provided further, That of the amount appropriated under this heading, not less than $11,090,000 shall be for the salaries and expenses of the Office of Inspector General. Sec. 510. administrative provisions—federal communications commission Section 302 of the Universal Service Antideficiency Temporary Suspension Act is amended by striking “January 15, 2014”, each place it appears and inserting “December 31, 2015”. Sec. 511. None of the funds appropriated by this Act may be used by the Federal Communications Commission to modify, amend, or change its rules or regulations for universal service support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions on universal service support payments. Federal Deposit Insurance Corporation office of the inspector general   For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $34,568,000, to be derived from the Deposit Insurance Fund or, only when appropriate, the FSLIC Resolution Fund. Federal Election Commission salaries and expenses   For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $65,791,000, of which not to exceed $5,000 shall be available for reception and representation expenses. Federal Labor Relations Authority salaries and expenses   For necessary expenses to carry out functions of the Federal Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including services authorized by 5 U.S.C. 3109, and including hire of experts and consultants, hire of passenger motor vehicles, and including official reception and representation expenses (not to exceed $1,500) and rental of conference rooms in the District of Columbia and elsewhere, $25,500,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per diem in lieu of subsistence as authorized by law (5 U.S.C. 5703) for persons employed intermittently in the Government service, and compensation as authorized by 5 U.S.C. 3109: Provided further, That, notwithstanding 31 U.S.C. 3302, funds received from fees charged to non-Federal participants at labor-management relations conferences shall be credited to and merged with this account, to be available without further appropriation for the costs of carrying out these conferences. Federal Trade Commission salaries and expenses   For necessary expenses of the Federal Trade Commission, including uniforms or allowances therefor, as authorized by 5 U.S.C. 5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception and representation expenses, $298,000,000, to remain available until expended: Provided, That not to exceed $300,000 shall be available for use to contract with a person or persons for collection services in accordance with the terms of 31 U.S.C. 3718: Provided further, That, notwithstanding any other provision of law, not to exceed $103,300,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall be retained and used for necessary expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $15,000,000 in offsetting collections derived from fees sufficient to implement and enforce the Telemarketing Sales Rule, promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this account, and be retained and used for necessary expenses in this appropriation: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2014, so as to result in a final fiscal year 2014 appropriation from the general fund estimated at not more than $179,700,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C. 1831t). General Services Administration real property activities federal buildings fund limitations on availability of revenue (including transfer of funds)   Amounts in the Fund, including revenues and collections deposited into the Fund shall be available for necessary expenses of real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District of Columbia; restoration of leased premises; moving governmental agencies (including space adjustments and telecommunications relocation expenses) in connection with the assignment, allocation and transfer of space; contractual services incident to cleaning or servicing buildings, and moving; repair and alteration of federally owned buildings including grounds, approaches and appurtenances; care and safeguarding of sites; maintenance, preservation, demolition, and equipment; acquisition of buildings and sites by purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and extension of federally owned buildings; preliminary planning and design of projects by contract or otherwise; construction of new buildings (including equipment for such buildings); and payment of principal, interest, and any other obligations for public buildings acquired by installment purchase and purchase contract; in the aggregate amount of $9,370,042,000, of which: (1) $506,178,000 shall remain available until expended for construction and acquisition (including funds for sites and expenses, and associated design and construction services) of additional projects at the following locations:  New Construction:  California:  San Ysidro, United States Land Port of Entry, $128,300,000.  Colorado:  Lakewood, Denver Federal Center, $13,938,000.  District of Columbia:  Washington, DHS Consolidation at St. Elizabeths, $155,000,000.  Puerto Rico:  San Juan, Federal Bureau of Investigation, $85,301,000.  Texas:  Laredo, United States Land Port of Entry, $25,786,000.  Virginia:  Winchester, FBI Central Records Complex, $97,853,000: Provided, That each of the foregoing limits of costs on new construction and acquisition projects may be exceeded to the extent that savings are effected in other such projects, but not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That all funds for direct construction projects shall expire on September 30, 2015, and remain in the Federal Buildings Fund, except for funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date; (2) $1,076,823,000 shall remain available until expended for repairs and alterations, which includes associated design and construction services; of which $593,288,000 is for Major Repairs and Alterations; $378,535,000 is for Basic Repairs and Alterations; and $105,000,000 is for Special Emphasis Programs:  Energy and Water Retrofit and Conservation Measures, $5,000,000.  Fire and Life Safety Program, $30,000,000.  Consolidation Activities, $70,000,000: Provided, That consolidation projects result in reduced annual rent paid by the tenant agency: Provided further, That no consolidation project exceed $20,000,000 in costs: Provided further, That consolidation projects are approved by each of the committees specified in section 3307(a) of title 40, United States Code: Provided further, That preference is given to consolidation projects that achieve a utilization rate of 130 usable square feet or less per person for office space: Provided further, That the obligation of funds under this paragraph for consolidation activities may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations of the House of Representatives and the Senate: Provided further, That of the total amount under this heading, $69,500,000 shall be available for new construction and repair to meet the housing requirements of the Judiciary’s Southern District in Mobile, Alabama: Provided further, That funds made available in this or any previous Act in the Federal Buildings Fund for Repairs and Alterations shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous Act may be increased by an amount not to exceed 10 percent unless advance approval is obtained from the Committees on Appropriations of a greater amount: Provided further, That additional projects for which prospectuses have been fully approved may be funded under this category only if advance approval is obtained from the Committees on Appropriations: Provided further, That the amounts provided in this or any prior Act for “Repairs and Alterations” may be used to fund costs associated with implementing security improvements to buildings necessary to meet the minimum standards for security in accordance with current law and in compliance with the reprogramming guidelines of the appropriate Committees of the House and Senate: Provided further, That the difference between the funds appropriated and expended on any projects in this or any prior Act, under the heading “Repairs and Alterations”, may be transferred to Basic Repairs and Alterations or used to fund authorized increases in prospectus projects: Provided further, That all funds for repairs and alterations prospectus projects shall expire on September 30, 2015 and remain in the Federal Buildings Fund except funds for projects as to which funds for design or other funds have been obligated in whole or in part prior to such date: Provided further, That the amount provided in this or any prior Act for Basic Repairs and Alterations may be used to pay claims against the Government arising from any projects under the heading “Repairs and Alterations” or used to fund authorized increases in prospectus projects; (3) $109,000,000 for installment acquisition payments including payments on purchase contracts which shall remain available until expended; (4) $5,387,109,000 for rental of space which shall remain available until expended; and (5) $2,221,432,000 for building operations to remain available until expended, of which $1,158,869,000 is for building services, and $1,062,563,000 is for salaries and expenses: Provided further, That not to exceed 5 percent of any appropriation made available under this heading for building operations may be transferred between and merged with such appropriations upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but no such appropriation shall be increased by more than 5 percent by any such transfers: Provided further, That section 521 of this title shall not apply with respect to funds made available under this heading for building operations: Provided further, That funds available to the General Services Administration shall not be available for expenses of any construction, repair, alteration and acquisition project for which a prospectus, if required by 40 U.S.C. 3307(a), has not been approved, except that necessary funds may be expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds available in the Federal Buildings Fund may be expended for emergency repairs when advance approval is obtained from the Committees on Appropriations: Provided further, That amounts necessary to provide reimbursable special services to other agencies under 40 U.S.C. 592(b)(2) and amounts to provide such reimbursable fencing, lighting, guard booths, and other facilities on private or other property not in Government ownership or control as may be appropriate to enable the United States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues and collections: Provided further, That revenues and collections and any other sums accruing to this Fund during fiscal year 2014, excluding reimbursements under 40 U.S.C. 592(b)(2) in excess of the aggregate new obligational authority authorized for Real Property Activities of the Federal Buildings Fund in this Act shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. general activities government-wide policy   For expenses authorized by law, not otherwise provided for, for Government-wide policy and evaluation activities associated with the management of real and personal property assets and certain administrative services; Government-wide policy support responsibilities relating to acquisition, telecommunications, information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $58,000,000. operating expenses (including transfer of funds)   For expenses authorized by law, not otherwise provided for, for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agency-wide policy direction, management, and communications; the Civilian Board of Contract Appeals; services as authorized by 5 U.S.C. 3109; $63,466,000, of which $28,000,000 is for Real and Personal Property Management and Disposal; $26,500,000 is for the Office of the Administrator, of which not to exceed $7,500 is for official reception and representation expenses; and $8,966,000 is for the Civilian Board of Contract Appeals: Provided further, That not to exceed 5 percent of the appropriation made available under this heading for Office of the Administrator may be transferred to the appropriation for the Real and Personal Property Management and Disposal upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but the appropriation for the Real and Personal Property Management and Disposal may not be increased by more than 5 percent by any such transfer. office of inspector general   For necessary expenses of the Office of Inspector General and service authorized by 5 U.S.C. 3109, $65,000,000, of which $2,000,000 is available until expended: Provided, That not to exceed $50,000 shall be available for payment for information and detection of fraud against the Government, including payment for recovery of stolen Government property: Provided further, That not to exceed $2,500 shall be available for awards to employees of other Federal agencies and private citizens in recognition of efforts and initiatives resulting in enhanced Office of Inspector General effectiveness. electronic government fund (including transfer of funds)   For necessary expenses in support of interagency projects that enable the Federal Government to expand its ability to conduct activities electronically, through the development and implementation of innovative uses of the Internet and other electronic methods, $16,000,000, to remain available until expended: Provided, That these funds may be transferred to Federal agencies to carry out the purpose of the Fund: Provided further, That this transfer authority shall be in addition to any other transfer authority provided in this Act: Provided further, That such transfers may not be made until 10 days after a proposed spending plan and explanation for each project to be undertaken has been submitted to the Committees on Appropriations of the House of Representatives and the Senate. allowances and office staff for former presidents   For carrying out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), and Public Law 95–138, $3,550,000. federal citizen services fund   For necessary expenses of the Office of Citizen Services and Innovative Technologies, including services authorized by 40 U.S.C. 323, $34,804,000, to be deposited into the Federal Citizen Services Fund: Provided, That the appropriations, revenues, and collections deposited into the Fund shall be available for necessary expenses of Federal Citizen Services activities in the aggregate amount not to exceed $90,000,000. Appropriations, revenues, and collections accruing to this Fund during fiscal year 2014 in excess of such amount shall remain in the Fund and shall not be available for expenditure except as authorized in appropriations Acts. administrative provisions—general services administration (including transfer of funds) Sec. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles. Sec. 521. Funds in the Federal Buildings Fund made available for fiscal year 2014 for Federal Buildings Fund activities may be transferred between such activities only to the extent necessary to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate. Sec. 522. Except as otherwise provided in this title, funds made available by this Act shall be used to transmit a fiscal year 2015 request for United States Courthouse construction only if the request: (1) meets the design guide standards for construction as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office of Management and Budget; (2) reflects the priorities of the Judicial Conference of the United States as set out in its approved 5-year construction plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded. Sec. 523. None of the funds provided in this Act may be used to increase the amount of occupiable square feet, provide cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency that does not pay the rate per square foot assessment for space and services as determined by the General Services Administration in consideration of the Public Buildings Amendments Act of 1972 (Public Law 92–313). Sec. 524. From funds made available under the heading “Federal Buildings Fund, Limitations on Availability of Revenue”, claims against the Government of less than $250,000 arising from direct construction projects and acquisition of buildings may be liquidated from savings effected in other construction projects with prior notification to the Committees on Appropriations of the House of Representatives and the Senate. Sec. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate adopt a resolution granting lease authority pursuant to a prospectus transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall ensure that the delineated area of procurement is identical to the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall provide an explanatory statement to each of such committees and the Committees on Appropriations of the House of Representatives and the Senate prior to exercising any lease authority provided in the resolution. Harry S Truman Scholarship Foundation salaries and expenses   For payment to the Harry S Truman Scholarship Foundation Trust Fund, established by section 10 of Public Law 93–642, $750,000, to remain available until expended. Merit Systems Protection Board salaries and expenses (including transfer of funds)   For necessary expenses to carry out functions of the Merit Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, direct procurement of survey printing, and not to exceed $2,000 for official reception and representation expenses, $42,740,000, to remain available until September 30, 2015, together with not to exceed $2,345,000, to remain available until September 30, 2015, for administrative expenses to adjudicate retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit Systems Protection Board: Provided, That section 1204 of title 5, United States Code, is amended by adding at the end the following:“(n) The Board may accept and use gifts and donations of property and services to carry out the duties of the Board.”. Morris K. Udall and Stewart L. Udall Foundation morris k. udall and stewart l. udall trust fund (including transfer of funds)   For payment to the Morris K. Udall and Stewart L. Udall Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20 U.S.C. 5601 et seq.), $2,100,000, to remain available until expended, of which, notwithstanding sections 8 and 9 of such Act: (1) up to $50,000 shall be used to conduct financial audits pursuant to the Accountability of Tax Dollars Act of 2002 (Public Law 107–289); and (2) up to $1,000,000 shall be available to carry out the activities authorized by section 6(7) of Public Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C. 5604(7)): Provided, That of the total amount made available under this heading $200,000 shall be transferred to the Office of Inspector General of the Department of the Interior, to remain available until expended, for audits and investigations of the Morris K. Udall and Stewart L. Udall Foundation, consistent with the Inspector General Act of 1978 (5 U.S.C. App.). environmental dispute resolution fund   For payment to the Environmental Dispute Resolution Fund to carry out activities authorized in the Environmental Policy and Conflict Resolution Act of 1998, $3,400,000, to remain available until expended. National Archives and Records Administration operating expenses   For necessary expenses in connection with the administration of the National Archives and Records Administration and archived Federal records and related activities, as provided by law, and for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board, the operations and maintenance of the electronic records archives, the hire of passenger motor vehicles, and for uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $370,000,000. office of inspector general   For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Reform Act of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the Inspector General Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor vehicles, $4,130,000. repairs and restoration   For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $8,000,000, to remain available until expended. national historical publications and records commission grants program   For necessary expenses for allocations and grants for historical publications and records as authorized by 44 U.S.C. 2504, $4,500,000, to remain available until expended. National Credit Union Administration central liquidity facility   During fiscal year 2014, gross obligations of the Central Liquidity Facility for the principal amount of new direct loans to member credit unions, as authorized by 12 U.S.C. 1795 et seq., shall be the amount authorized by section 307(a)(4)(A) of the Federal Credit Union Act (12 U.S.C. 1795f(a)(4)(A)): Provided, That administrative expenses of the Central Liquidity Facility in fiscal year 2014 shall not exceed $1,250,000. community development revolving loan fund   For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $1,200,000 shall be available until September 30, 2015, for technical assistance to low-income designated credit unions. Office of Government Ethics salaries and expenses   For necessary expenses to carry out functions of the Office of Government Ethics pursuant to the Ethics in Government Act of 1978, and the Ethics Reform Act of 1989, including services as authorized by 5 U.S.C. 3109, rental of conference rooms in the District of Columbia and elsewhere, hire of passenger motor vehicles, and not to exceed $1,500 for official reception and representation expenses, $15,325,000. Office of Personnel Management salaries and expenses (including transfer of trust funds)   For necessary expenses to carry out functions of the Office of Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of 1978 and the Civil Service Reform Act of 1978, including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis; rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for official reception and representation expenses; advances for reimbursements to applicable funds of OPM and the Federal Bureau of Investigation for expenses incurred under Executive Order No. 10422 of January 9, 1953, as amended; and payment of per diem and/or subsistence allowances to employees where Voting Rights Act activities require an employee to remain overnight at his or her post of duty, $95,757,000, of which $5,704,000 shall remain available until expended for the Enterprise Human Resources Integration project, of which $642,000 may be for strengthening the capacity and capabilities of the acquisition workforce (as defined by the Office of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)), including the recruitment, hiring, training, and retention of such workforce and information technology in support of acquisition workforce effectiveness or for management solutions to improve acquisition management, and of which $1,345,000 shall remain available until expended for the Human Resources Line of Business project; and in addition $118,578,000 for administrative expenses, to be transferred from the appropriate trust funds of OPM without regard to other statutes, including direct procurement of printed materials, for the retirement and insurance programs of which $2,600,000 shall remain available until expended for a retirement case management system: Provided, That the provisions of this appropriation shall not affect the authority to use applicable trust funds as provided by sections 8348(a)(1)(B), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available for salaries and expenses of the Legal Examining Unit of OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or any successor unit of like purpose: Provided further, That the President’s Commission on White House Fellows, established by Executive Order No. 11183 of October 3, 1964, may, during fiscal year 2014, accept donations of money, property, and personal services: Provided further, That such donations, including those from prior years, may be used for the development of publicity materials to provide information about the White House Fellows, except that no such donations shall be accepted for travel or reimbursement of travel expenses, or for the salaries of employees of such Commission. office of inspector general salaries and expenses (including transfer of trust funds)   For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, including services as authorized by 5 U.S.C. 3109, hire of passenger motor vehicles, $4,684,000, and in addition, not to exceed $21,340,000 for administrative expenses to audit, investigate, and provide other oversight of the Office of Personnel Management’s retirement and insurance programs, to be transferred from the appropriate trust funds of the Office of Personnel Management, as determined by the Inspector General and in addition, not to exceed $6,600,000 as determined by the Inspector General, for administrative expenses to audit, investigate, and provide other oversight of the activities of the revolving fund established under section 1304(e) of title 5, United States Code, and the programs and activities of the Office of Personnel Management carried out using amounts made available from such revolving fund, to be transferred from such revolving fund: Provided, That the Inspector General is authorized to rent conference rooms in the District of Columbia and elsewhere. Office of Special Counsel salaries and expenses   For necessary expenses to carry out functions of the Office of Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978 (Public Law 95–454), the Whistleblower Protection Act of 1989 (Public Law 101–12) as amended by Public Law 107–304, the Whistleblower Protection Enhancement Act of 2012 (Public Law 112–199), and the Uniformed Services Employment and Reemployment Rights Act of 1994 (Public Law 103–353), including services as authorized by 5 U.S.C. 3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire of passenger motor vehicles; $20,639,000: Provided, That, notwithstanding any other provision of law, not to exceed $125,000 of available balances of expired fiscal year 2009 through fiscal year 2013 appropriations provided under this heading shall be available for any obligation incurred in fiscal year 2014. Postal Regulatory Commission salaries and expenses (including transfer of funds)   For necessary expenses of the Postal Regulatory Commission in carrying out the provisions of the Postal Accountability and Enhancement Act (Public Law 109–435), $14,152,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act. Privacy and Civil Liberties Oversight Board salaries and expenses   For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $3,100,000, to remain available until September 30, 2015. Recovery Accountability and Transparency Board salaries and expenses   For necessary expenses of the Recovery Accountability and Transparency Board to carry out the provisions of title XV of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), and to develop and test information technology resources and oversight mechanisms to enhance transparency of and detect and remediate waste, fraud, and abuse in Federal spending, and to develop and use information technology resources and oversight mechanisms to detect and remediate waste, fraud, and abuse in obligation and expenditure of funds as described in section 904(d) of the Disaster Relief Appropriations Act, 2013 (Public Law 113–2), which shall be administered under the terms and conditions of the accountability authorities of title XV of Public Law 111–5, $20,000,000. Securities and Exchange Commission salaries and expenses   For necessary expenses for the Securities and Exchange Commission, including services as authorized by 5 U.S.C. 3109, the rental of space (to include multiple year leases) in the District of Columbia and elsewhere, and not to exceed $3,500 for official reception and representation expenses, $1,350,000,000, to remain available until expended; of which not less than $7,092,000 shall be for the Office of Inspector General; of which not to exceed $50,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to exceed $100,000 shall be available for expenses for consultations and meetings hosted by the Commission with foreign governmental and other regulatory officials, members of their delegations and staffs to exchange views concerning securities matters, such expenses to include necessary logistic and administrative expenses and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel and transportation; and (3) related lodging or subsistence; and of which not less than $44,353,000 shall be for the Division of Economic and Risk Analysis: Provided, That fees and charges authorized by section 31 of the Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to this account as offsetting collections: Provided further, That not to exceed $1,350,000,000 of such offsetting collections shall be available until expended for necessary expenses of this account: Provided further, That the total amount appropriated under this heading from the general fund for fiscal year 2014 shall be reduced as such offsetting fees are received so as to result in a final total fiscal year 2014 appropriation from the general fund estimated at not more than $0. Selective Service System salaries and expenses   For necessary expenses of the Selective Service System, including expenses of attendance at meetings and of training for uniformed personnel assigned to the Selective Service System, as authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed $750 for official reception and representation expenses; $22,900,000: Provided, That during the current fiscal year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action to be necessary in the interest of national defense: Provided further, That none of the funds appropriated by this Act may be expended for or in connection with the induction of any person into the Armed Forces of the United States. Small Business Administration entrepreneurial development programs   For necessary expenses of programs supporting entrepreneurial and small business development as authorized by Public Law 108–447, $196,165,000: Provided, That $113,625,000 shall be available to fund grants for performance in fiscal year 2014 or fiscal year 2015 as authorized by section 21 of the Small Business Act, to remain available until September 30, 2015: Provided further, That $20,000,000 shall remain available until September 30, 2015 for marketing, management, and technical assistance under section 7(m) of the Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that make microloans under the microloan program: Provided further, That $8,000,000 shall be available for grants to States for fiscal year 2014 to carry out export programs that assist small business concerns authorized under section 1207 of Public Law 111–240. salaries and expenses   For necessary expenses, not otherwise provided for, of the Small Business Administration, including hire of passenger motor vehicles as authorized by sections 1343 and 1344 of title 31, United States Code, and not to exceed $3,500 for official reception and representation expenses, $250,000,000, of which not less than $12,000,000 shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized to charge fees to cover the cost of publications developed by the Small Business Administration, and certain loan program activities, including fees authorized by section 5(b) of the Small Business Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this account, to remain available until expended, for carrying out these purposes without further appropriations: Provided further, That the Small Business Administration may accept gifts in an amount not to exceed $4,000,000 and may co-sponsor activities, each in accordance with section 132(a) of division K of Public Law 108–447, during fiscal year 2014: Provided further, That $6,100,000 shall be available for the Loan Modernization and Accounting System, to be available until September 30, 2015: Provided further, That $2,000,000 shall be for the Federal and State Technology Partnership Program under section 34 of the Small Business Act (15 U.S.C. 657d). office of inspector general   For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $19,000,000. office of advocacy   For necessary expenses of the Office of Advocacy in carrying out the provisions of title II of Public Law 94–305 (15 U.S.C. 634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.), $8,750,000, to remain available until expended. business loans program account (including transfer of funds)   For the cost of direct loans, $4,600,000, to remain available until expended, and for the cost of guaranteed loans as authorized by section 503 of the Small Business Investment Act of 1958 (Public Law 85–699), $107,000,000, to remain available until expended: Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2014 commitments to guarantee loans under section 503 of the Small Business Investment Act of 1958 shall not exceed $7,500,000,000: Provided further, That during fiscal year 2014 commitments for general business loans authorized under section 7(a) of the Small Business Act shall not exceed $17,500,000,000 for a combination of amortizing term loans and the aggregated maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2014 commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 shall not exceed $4,000,000,000: Provided further, That during fiscal year 2014, guarantees of trust certificates authorized by section 5(g) of the Small Business Act shall not exceed a principal amount of $12,000,000,000. In addition, for administrative expenses to carry out the direct and guaranteed loan programs, $151,560,000, which may be transferred to and merged with the appropriations for Salaries and Expenses. disaster loans program account (including transfers of funds)   For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act, $191,900,000, to be available until expended, of which $1,000,000 is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster loan programs and shall be transferred to and merged with the appropriations for the Office of Inspector General; of which $181,900,000 is for direct administrative expenses of loan making and servicing to carry out the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses; and of which $9,000,000 is for indirect administrative expenses for the direct loan program, which may be transferred to and merged with the appropriations for Salaries and Expenses. administrative provision—small business administration (including transfer of funds) Sec. 530. Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 608 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section. United States Postal Service payment to the postal service fund   For payment to the Postal Service Fund for revenue forgone on free and reduced rate mail, pursuant to subsections (c) and (d) of section 2401 of title 39, United States Code, $70,751,000, which shall not be available for obligation until October 1, 2014: Provided, That mail for overseas voting and mail for the blind shall continue to be free: Provided further, That 6-day delivery and rural delivery of mail shall continue at not less than the 1983 level: Provided further, That none of the funds made available to the Postal Service by this Act shall be used to implement any rule, regulation, or policy of charging any officer or employee of any State or local child support enforcement agency, or any individual participating in a State or local program of child support enforcement, a fee for information requested or provided concerning an address of a postal customer: Provided further, That none of the funds provided in this Act shall be used to consolidate or close small rural and other small post offices in fiscal year 2014. office of inspector general salaries and expenses (including transfer of funds)   For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, $241,468,000, to be derived by transfer from the Postal Service Fund and expended as authorized by section 603(b)(3) of the Postal Accountability and Enhancement Act (Public Law 109–435). United States Tax Court salaries and expenses   For necessary expenses, including contract reporting and other services as authorized by 5 U.S.C. 3109, $53,453,000: Provided, That travel expenses of the judges shall be paid upon the written certificate of the judge.

37 of 39 references resolved to an enrolled provision · 2 partial

Editorial Notes

References in Text

The Federal Rules of Civil Procedure, referred to in subsec. (d), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Prior Provisions

A prior section 1204 was renumbered section 1211(b) of this title by Pub. L. 101–12, § 3(a)(6). Pub. L. 102–378, § 2(3), , 106 Stat. 1346, struck out section catchline of prior section 1204.

Amendments1982–2014 · 6 rounds

2014

Subsec. (n). Pub. L. 113–76 added subsec. (n).

2012

Subsec. (m)(1). Pub. L. 112–199 substituted “agency where the prevailing party was employed or had applied for employment at the time of the events giving rise to the case” for “agency involved”.

1994

Subsec. (a)(1). Pub. L. 103–446, which directed the amendment of par. (1) by substituting “section 4303” for “section 4323” could not be executed because the phrase “section 4323” does not appear in text subsequent to the intervening amendment by Pub. L. 103–353 substituting “chapter 43” for “section 4323”. See below.

Pub. L. 103–353 substituted “chapter 43” for “section 4323”.

Subsec. (m). Pub. L. 103–424 added subsec. (m).

1992

Subsec. (a)(1). Pub. L. 102–568 substituted “4323” for “2023”.

1989

Pub. L. 101–12, § 3(a)(7), renumbered section 1205 of this title as this section.

Pub. L. 101–12, § 3(a)(7)(A), struck out “and Special Counsel” after “Board” in section catchline.

Subsec. (a)(4). Pub. L. 101–12, § 3(a)(7)(A), (C), substituted “subsection (f)” for “subsection (e) of this section”.

Subsec. (b)(1). Pub. L. 101–12, § 3(a)(7)(A), struck out “the Special Counsel,” after “Board,”.

Subsec. (b)(2). Pub. L. 101–12, § 3(a)(7)(D), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “Any member of the Board, the Special Counsel, and any administrative law judge appointed by the Board under section 3105 of this title may—

“(A) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States or any territory or possession thereof, the Commonwealth of Puerto Rico, or the District of Columbia; and

“(B) order the taking of depositions and order responses to written interrogatories.”

Subsec. (b)(3). Pub. L. 101–12, § 3(a)(7)(B), substituted “subpoena” for “subpena” and “subpoenaed” for “subpenaed”.

Subsec. (c). Pub. L. 101–12, § 3(a)(7)(B), (E), substituted “subpoena” for “subpena” in two places, “(b)(2)(A) or section 1214(b), upon application by the Board” for “(b)(2) of this section”, and “for the district” for “for the judicial district”.

Subsec. (d). Pub. L. 101–12, § 3(a)(7)(F), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(1). Pub. L. 101–12, § 3(a)(7)(A), (G)(i), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(1)”, and added subpar. (B).

Subsec. (e)(2). Pub. L. 101–12, § 3(a)(7)(G)(ii), designated existing provisions as subpar. (A), struck out “of this section” after “subsection (a)(2)”, and added subpar. (B).

Subsec. (e)(3). Pub. L. 101–12, § 3(a)(7)(A), (G)(iii), struck out “of this section” after “subsection (a)(3)” and inserted “of Personnel Management” after “Office”.

Subsec. (f). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsec. (e) as (f). Former subsec. (f) redesignated (g).

Subsec. (f)(1). Pub. L. 101–12, § 3(a)(7)(H)(i), inserted “of the Office of Personnel Management” after “Director” and struck out “of this title” after “section 1103”.

Subsec. (f)(2). Pub. L. 101–12, § 3(a)(7)(H)(ii), inserted comma after “subsection” and in subpars. (A) and (B) struck out “of this title” after “section 2302(b)”.

Subsec. (f)(3), (4). Pub. L. 101–12, § 3(a)(7)(H)(iii), struck out “(A)” before “The Director”, struck out subpar. (B) which provided that any review conducted by the Board be limited to determining the validity on its face of the provision under review and whether the provision under review has been validly implemented, and redesignated former subpar. (C) and cls. (i) and (ii) of former subpar. (C) as par. (4) and subpars. (A) and (B), respectively, of par. (4).

Subsecs. (g) to (i). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (f) to (h) as (g) to (i), respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 101–12, § 3(a)(7)(F), (I), redesignated former subsec. (i) as (j) and substituted “chapter 33” for “chapter 33 of this title”. Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Pub. L. 101–12, § 3(a)(7)(F), redesignated former subsecs. (j) and (k) as (k) and (l), respectively.

1982

Subsec. (j). Pub. L. 97–258 substituted “section 1105 of title 31” for “section 201 of the Budget and Accounting Act, 1921 (31 U.S.C. 11)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2012 Amendment

Pub. L. 112–199, title II, § 202, , 126 Stat. 1476, provided that: “Except as otherwise provided in section 109 [see Effective Date note set out under section 2304 of this title], this Act [see section 1 of Pub. L. 112–199, set out as a Short Title of 2012 Amendment note under section 101 of this title] shall take effect 30 days after the date of enactment of this Act [].”

Effective Date of 1994 Amendment

Pub. L. 103–424, § 14, , 108 Stat. 4368, provided that: “The provisions of this Act [amending this section and sections 1211, 1212, 1214, 1218, 1221, 2105, 2302, 4313, 7121, and 8348 of this title, enacting provisions set out as notes under sections 1212 and 1214 of this title and section 1441a of Title 12, Banks and Banking, and amending provisions set out as a note under section 5509 of this title] and the amendments made by this Act shall be effective on and after the date of the enactment of this Act [].”

Amendment by Pub. L. 103–353 effective with respect to reemployments initiated on or after the first day after the 60-day period beginning , with transition rules, see section 8 of Pub. L. 103–353, set out as an Effective Date note under section 4301 of Title 38, Veterans’ Benefits.

Effective Date of 1989 Amendment

Amendment by Pub. L. 101–12 effective 90 days following , see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.

Termination of Reporting Requirements

For termination, effective , of reporting provisions in subsecs. (a)(3) and (l) of this section (formerly 5 U.S.C. 1205(a)(3) and (k)), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and page 176 of House Document No. 103–7.

Credits

1978–2014 · 9 acts
  1. 1978Added Pub. L. 95–454, title II, § 202(a), , 92 Stat. 1122, § 1205
  2. 1982amended Pub. L. 97–258, § 3(a)(2), , 96 Stat. 1063
  3. 1989renumbered § 1204 and amended Pub. L. 101–12, § 3(a)(7), , 103 Stat. 17
  4. 1992Pub. L. 102–568, title V, § 506(c)(4), , 106 Stat. 4341
  5. 1994Pub. L. 103–353, § 2(b)(2)(A), , 108 Stat. 3169
  6. 1994Pub. L. 103–424, § 2, , 108 Stat. 4361
  7. 1994Pub. L. 103–446, title XII, § 1203(c)(1), , 108 Stat. 4690
  8. 2012Pub. L. 112–199, title I, § 107(a), , 126 Stat. 1469
  9. 2014Pub. L. 113–76, div. E, title V, , 128 Stat. 217.
Show as published

(Added Pub. L. 95–454, title II, § 202(a), , 92 Stat. 1122, § 1205; amended Pub. L. 97–258, § 3(a)(2), , 96 Stat. 1063; renumbered § 1204 and amended Pub. L. 101–12, § 3(a)(7), , 103 Stat. 17; Pub. L. 102–568, title V, § 506(c)(4), , 106 Stat. 4341; Pub. L. 103–353, § 2(b)(2)(A), , 108 Stat. 3169; Pub. L. 103–424, § 2, , 108 Stat. 4361; Pub. L. 103–446, title XII, § 1203(c)(1), , 108 Stat. 4690; Pub. L. 112–199, title I, § 107(a), , 126 Stat. 1469; Pub. L. 113–76, div. E, title V, , 128 Stat. 217.)

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