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5 U.S.C. § 1201 — Appointment of members of the Merit Systems Protection Board
Federal law — U.S. Code and appendices · legal_authorities
The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201
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Stable record: federal_law:legal_authorities:record_usc_0433bc5fd2e0772ff0235bc0
Source file: Laws/federal/codes/united-states-code/title-5/section-1201-appointment-of-members-of-the-merit-systems-protection-board--5c28b4be55.md
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Passage SHA-256: 87eeeffb6888931427f3d2812b91cf1302c967ed998ba5cc4d2a1148a57bf1bd
Source location: Title 5, Chapter 12, § 1201; chapter-012-merit-systems-protection-board-office-of-special-counsel-and-employee-right-of-action.md
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The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) A grievant may not file a grievance with the Board if the grievant has formally requested, prior to filing a grievance, that the matter or matters which are the basis of the grievance be considered or resolved and relief be provided under another provision of law, regulation, or Executive order, other than under section 1214 or 1221 of title 5, and the matter has been carried to final decision under such provision on its merits or is still under consideration.
(2) If a grievant is not prohibited from filing a grievance under paragraph (1), the grievant may file with the Board a grievance which is also eligible for consideration, resolution, and relief under chapter 12 of title 5 or a regulation or Executive order other than under this subchapter. An election of remedies under this subsection shall be final upon the acceptance of jurisdiction by the Board.
(3) This subsection shall not apply to any grievance with respect to which subsection (b) applies.
**(b)**
(1) With respect to a grievance based on an alleged violation of a law, rule, regulation, or policy directive referred to in [section 4131(a)(1)(H) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4131/a/1/H&num=0&edition=prelim), a grievant may either—
(A) file a grievance under this subchapter, or
(B) initiate in writing a proceeding under another provision of law, regulation, or Executive order that authorizes relief,
but not both.
(2) A grievant shall be considered to have exercised the option under paragraph (1) as soon as the grievant timely either—
(A) files a grievance under this subchapter, or
(B) initiates in writing a proceeding under such other provision of law, regulation, or Executive order.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4139
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—
(1) such employee is otherwise qualified for such position;
(2) such employee is eligible for appointment to such position; and
(3) the Merit Systems Protection Board makes a determination under the provisions of chapter 12 that a prohibited personnel action described under section 2302(b)(8) was taken against such employee.
**(b)** An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
**(c)** If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
**(d)** An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
**(e)** The provisions
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3352
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** There is at the head of the Office of Personnel Management a Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The term of office of any individual appointed as Director shall be 4 years.
**(b)** There is in the Office a Deputy Director of the Office of Personnel Management appointed by the President, by and with the advice and consent of the Senate. The Deputy Director shall perform such functions as the Director may from time to time prescribe and shall act as Director during the absence or disability of the Director or when the office of Director is vacant.
**(c)** No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. The Director and Deputy Director shall not recommend any individual for appointment to any position (other than Deputy Director of the Office) which requires the advice and consent of the Senate.
**(d)** There may be within the Office of Personnel Management not more than 5 Associate Directors, as determined from time to time by the Director. Each Associate Director shall be appointed by the Director.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1102
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management is an independent establishment in the executive branch. The Office shall have an official seal, which shall be judicially noticed, and shall have its principal office in the District of Columbia, and may have field offices in other appropriate locations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—** The Secretary of Energy shall establish a program to ensure that covered individuals may not be discharged, demoted, or otherwise discriminated against as a reprisal for making protected disclosures.
**(b) Covered Individuals.—** For purposes of this section, a covered individual is an individual who is an employee of the Department of Energy, or of a contractor of the Department, who is engaged in the defense activities of the Department.
**(c) Protected Disclosures.—** For purposes of this section, a protected disclosure is a disclosure—
(1) made by a covered individual who takes appropriate steps to protect the security of the information in accordance with guidance provided under this section;
(2) made to a person or entity specified in subsection (d); and
(3) of classified or other information that the covered individual reasonably believes to provide direct and specific evidence of any of the following:
(A) A violation of law or Federal regulation.
(B) Gross mismanagement, a gross waste of funds, or abuse of authority.
(C) A false statement to Congress on an issue of material fact.
**(d) Persons and Entities to Which Disclosures May Be Made.—** A person or entity specified in this subsection is any of the following:
(1) A member of a committee of Congress having primary responsibility for oversight of the department, agency, or element of the Government to which the disclosed information relates.
(2) An employee of Congress who is a staff member of such a committee and has an appropriate security clearance for access to information of the type disclosed.
(3) The Inspector General of the Department of Energy.
(4) The Federal Bureau of Investigation.
(5) Any other element of the Government designated by the Secretary as
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 6242
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Federal law — U.S. Code and appendices · legal_authorities
As used in this chapter:
(1) **Agency** — The term “agency” has the meaning given that term in [section 551(1) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim).
(2) **Client** — The term “client” means any person or entity that employs or retains another person for financial or other compensation to conduct lobbying activities on behalf of that person or entity. A person or entity whose employees act as lobbyists on its own behalf is both a client and an employer of such employees. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members.
(3) **Covered executive branch official** — The term “covered executive branch official” means—
(A) the President;
(B) the Vice President;
(C) any officer or employee, or any other individual functioning in the capacity of such an officer or employee, in the Executive Office of the President;
(D) any officer or employee serving in a position in level I, II, III, IV, or V of the Executive Schedule, as designated by statute or Executive order;
(E) any member of the uniformed services whose pay grade is at or above O–7 under [section 201 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section201&num=0&edition=prelim); and
(F) any officer or employee serving in a position of a confidential, policy-determining, policy-making, or policy-advocating character described in [section 7511(b)(2)(B) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7511/b/2/B&num=0&edition=prelim).
(4) **Covered legislative branch official** — The term “covered legislative branch of
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 1602
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Federal law — U.S. Code and appendices · legal_authorities
**(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 the member’s predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201. Any new member serving only a portion of a seven-year term in office may continue to serve 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, unless reappointed.
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1202
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Federal law — U.S. Code and appendices · legal_authorities
**(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 the 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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1203
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3105&num=0&edition=prelim), 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 Commonwe
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1204
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Federal law — U.S. Code and appendices · legal_authorities
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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1205
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