Title 5 — Government Organization and Employees
Part II · Chapter 12 — Merit Systems Protection Board, Office of Special Counsel, and Employee Right of Action
§ 1211. Establishment
Statutory text
There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its principal office in the District of Columbia and shall have field offices in other appropriate locations.
The Special Counsel shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection. The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.
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.
Whistleblower Protection Act of 1989
Pub. L. 101–12 § 3(a)(11) · 103 Stat. 16
Enacted · 5 U.S.C. § 1211
Added Pub. L. 101–12, § 3(a)(11), Apr. 10, 1989, 103 Stat. 19, § 1211(a), and Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1204
Source evidence
Code source credit
Added Pub. L. 101–12, § 3(a)(11), Apr. 10, 1989, 103 Stat. 19, § 1211(a), and Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122, § 1204Enacted provision · exact public law section
(11) by inserting after section 1206 (as redesignated in paragraph (10) of this subsection) the following: “SUBCHAPTER II— OFFICE OF SPECIAL COUNSEL “§ 1211. Establishment “(a) There is established the Office of Special Counsel, which shall be headed by the Special Counsel. The Office shall have an official seal which shall be judicially noticed. The Office shall have its District of Columbia. principal office in the District of Columbia and shall have field offices in other appropriate locations.”;Whistleblower Protection Act of 1989
Pub. L. 101–12 § 3(a)(6) · 103 Stat. 16
Substituted · 5 U.S.C. § 1211(b)
Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted “Special Counsel shall be appointed by the President” for “Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys”
Substituted · 5 U.S.C. § 1211(b)
Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted “The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term.” for “A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term.”
Inserted · 5 U.S.C. § 1211(b)
Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, inserted at end “The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted “Special Counsel shall be appointed by the President” for “Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys”, substituted “The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term.” for “A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term.”, and inserted at end “The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.”Enacted provision · exact public law section
(6) by redesignating section 1204 as section 12ll(b) and inserting such subsection after section 121l(a) (as added in paragraph (11) of this subsection);Pub. L. 103–424 § 3(a) · 108 Stat. 4361
Inserted · 5 U.S.C. § 1211(b)
Pub. L. 103–424 inserted after first sentence “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–424 inserted after first sentence “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.”Enacted provision · exact public law section
(a) Succession.— Section 1211(b) of title 5, United States Code, is amended by inserting after the first sentence: “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.”.
5 of 5 references resolved to an enrolled provision
Editorial Notes
Amendments1989–1994 · 2 rounds
1994
Subsec. (b). Pub. L. 103–424 inserted after first sentence “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.”
1989
Subsec. (b). Pub. L. 101–12, § 3(a)(6), (12), renumbered section 1204 of this title as subsec. (b) of this section, substituted “Special Counsel shall be appointed by the President” for “Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys”, substituted “The Special Counsel shall be an attorney who, by demonstrated ability, background, training, or experience, is especially qualified to carry out the functions of the position. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of the Special Counsel’s predecessor serves for the remainder of the term.” for “A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term.”, and inserted at end “The Special Counsel may not hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President.”
Statutory Notes and Related Subsidiaries
Effective Date
Subchapter effective 90 days following , see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title.
Allegations of Wrongdoing Against Special Counsel or Deputy Special Counsel
Pub. L. 110–409, § 7(b), , 122 Stat. 4312, which provided for review by the Integrity Committee of allegations of wrongdoing against the Special Counsel or the Deputy Special Counsel, was repealed by Pub. L. 114–317, § 7(a)(1), , 130 Stat. 1605. See section 424(d)(12) of this title.
Transfer of Funds
Pub. L. 101–12, § 8(c), , 103 Stat. 34, provided that: “The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available to the Special Counsel of the Merit Systems Protection Board are, subject to section 1531 of title 31, United States Code, transferred to the Special Counsel referred to in section 1211 of title 5, United States Code (as added by section 3(a) of this Act), for appropriate allocation.”
Credits
1989–1994 · 3 acts
- 1989Added Pub. L. 101–12, § 3(a)(11), , 103 Stat. 19, § 1211(a), and Pub. L. 95–454, title II, § 202(a), , 92 Stat. 1122, § 1204
- 1989renumbered § 1211(b) and amended Pub. L. 101–12, § 3(a)(6), (12), , 103 Stat. 17, 19
- 1994Pub. L. 103–424, § 3(a), , 108 Stat. 4361.
Show as published
(Added Pub. L. 101–12, § 3(a)(11), , 103 Stat. 19, § 1211(a), and Pub. L. 95–454, title II, § 202(a), , 92 Stat. 1122, § 1204; renumbered § 1211(b) and amended Pub. L. 101–12, § 3(a)(6), (12), , 103 Stat. 17, 19; Pub. L. 103–424, § 3(a), , 108 Stat. 4361.)