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5 U.S.C. § 1211 — Establishment

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1211 — Establishment

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

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1211

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Stable record: federal_law:legal_authorities:record_usc_1460710f386c85a4c9c2ba81
Source file: Laws/federal/codes/united-states-code/title-5/section-1211-establishment--ed4cbc7e2d.md
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Passage SHA-256: 61a5c09e28f466d72fb6878aa04d5bd8b1e80409c1de376eb4aa3ccb01b80c0d

Source location: Title 5, Chapter 12, § 1211; chapter-012-merit-systems-protection-board-office-of-special-counsel-and-employee-right-of-action.md

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

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1201 — Appointment of members of the Merit Systems Protection Board

The Merit Systems Protection Board is composed of 3 members appointed by the President, by and with the advice and consent of the Senate, not more than 2 of whom may be adherents of the same political party. The members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 1201

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1204 — Powers and functions of the Merit Systems Protection Board

**(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

31 U.S.C. § 1531 — Transfers of functions and activities

**(a)** The balance of an appropriation available and necessary to finance or discharge a function or activity transferred or assigned under law within an executive agency or from one executive agency to another may be transferred to and used— (1) by the organizational unit or agency to which the function or activity was transferred or assigned; and (2) for a purpose for which the appropriation was originally available. **(b)** The head of the executive agency determines the amount that, with the approval of the President, is necessary to be transferred when the transfer or assignment of the function or activity is within the agency. The President determines the amount necessary to be transferred when the transfer or assignment of the function or activity is from one executive agency to another. **(c)** A balance transferred under this section is— (1) credited to an applicable existing or new appropriation account; (2) merged with the amount in an account to which the balance is credited; and (3) with the amount with which the balance is merged, accounted for as one amount. **(d)** New appropriation accounts may be established to carry out subsection (c)(1) of this section.

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1531

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 1602 — Definitions

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

38 U.S.C. § 4324 — Enforcement of rights with respect to Federal executive agencies

**(a)** (1) A person who receives from the Secretary a notification pursuant to section 4322(e) may request that the Secretary refer the complaint for litigation before the Merit Systems Protection Board. Not later than 60 days after the date the Secretary receives such a request, the Secretary shall refer the complaint to the Office of Special Counsel established by [section 1211 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section1211&num=0&edition=prelim). (2) (A) If the Special Counsel is reasonably satisfied that the person on whose behalf a complaint is referred under paragraph (1) is entitled to the rights or benefits sought, the Special Counsel (upon the request of the person submitting the complaint) may appear on behalf of, and act as attorney for, the person and initiate an action regarding such complaint before the Merit Systems Protection Board. (B) Not later than 60 days after the date the Special Counsel receives a referral under paragraph (1), the Special Counsel shall— (i) make a decision whether to represent a person before the Merit Systems Protection Board under subparagraph (A); and (ii) notify such person in writing of such decision. **(b)** A person may submit a complaint against a Federal executive agency or the Office of Personnel Management under this subchapter directly to the Merit Systems Protection Board if that person— (1) has chosen not to apply to the Secretary for assistance under section 4322(a); (2) has received a notification from the Secretary under section 4322(e); (3) has chosen not to be represented before the Board by the Special Counsel pursuant to subsection (a)(2)(A); or (4) has received a notification of a decision from the Special Counsel under subsection (a)(2)(B) d

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4324

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Federal law — U.S. Code and appendices · legal_authorities

38 U.S.C. § 714 — Employees: removal, demotion, or suspension based on performance or misconduct

**(a) In General.—** (1) The Secretary may remove, demote, or suspend a covered individual who is an employee of the Department if the Secretary determines the performance or misconduct of the covered individual warrants such removal, demotion, or suspension. (2) If the Secretary so removes, demotes, or suspends such a covered individual, the Secretary may— (A) remove the covered individual from the civil service (as defined in [section 2101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2101&num=0&edition=prelim)); (B) demote the covered individual by means of a reduction in grade for which the covered individual is qualified, that the Secretary determines is appropriate, and that reduces the annual rate of pay of the covered individual; or (C) suspend the covered individual. **(b) Pay of Certain Demoted Individuals.—** (1) Notwithstanding any other provision of law, any covered individual subject to a demotion under subsection (a)(2) shall, beginning on the date of such demotion, receive the annual rate of pay applicable to such grade. (2) (A) A covered individual so demoted may not be placed on administrative leave during the period during which an appeal (if any) under this section is ongoing, and may only receive pay if the covered individual reports for duty or is approved to use accrued unused annual, sick, family medical, military, or court leave. (B) If a covered individual so demoted does not report for duty or receive approval to use accrued unused leave, such covered individual shall not receive pay or other benefits pursuant to subsection (d)(5). **(c) Procedure.—** (1) (A) The aggregate period for notice, response, and final decision in a removal, demotion, or suspension under this section ma

Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 714

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 1211 — Establishment

Page 275 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1212 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal of sections effective 90 days following Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as an Effec- tive Date of 1989 Amendment note under section 1201 of this title. [§ 1209. Renumbered §§ 1205 and 1206] Editorial Notes CODIFICATION Subsecs. (a) and (b) of this section were renumbered as sections 1205 and 1206, respectively, of this title by Pub. L. 101–12, § 3(a)(9), (10). Pub. L. 102–378, § 2(2), Oct. 2, 1992, 106 Stat. 1346, struck out section catchline of prior section 1209. 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 principal office in the District of Columbia and shall have field offices in other appropriate locations. (b) The Special Counsel shall be appointed by the President, by and with the advice and con- sent 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 ex- pire under this subsection. The Special Counsel shall be an attorney who, by demonstrated abil- ity, background, training, or experience, is espe- cially 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 of- fice of the Special Counsel’s predecessor serves for

Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 1211

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