(Added Pub. L. 101–12, § 3(a)(11),Apr. 10, 1989, 103 Stat. 19, § 1211(a), andPub. L. 95–454, title II, § 202(a),Oct. 13, 1978, 92 Stat. 1122, § 1204; renumbered § 1211(b) and amended Pub. L. 101–12, § 3(a)(6), (12),Apr. 10, 1989, 103 Stat. 17, 19; Pub. L. 103–424, § 3(a),Oct. 29, 1994, 108 Stat. 4361.)
1994—Subsec. (b). Pub. L. 101–424
inserted after first sentence “The Special Counsel may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that the Special Counsel may not continue to serve for more than one year after the date on which the term of the Special Counsel would otherwise expire under this subsection.”
1989—Subsec. (b). Pub. L. 101–12
, § 3(a)(6), (12), renumbered section
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.”
Subchapter effective 90 days following Apr. 10, 1989, see section 11 ofPub. L. 101–12
, set out as a note under section
of this title.
Allegations of Wrongdoing Against Special Counsel or Deputy Special Counsel
Pub. L. 110–409
, § 7(b),Oct. 14, 2008, 122 Stat. 4312
, provided that:
“(1) Definitions.—In this section [enacting section 11 ofPub. L. 95–452
, set out in the Appendix to this title, amending sections 2, 4, and 8G ofPub. L. 95–452
, Money and Finance, renumbering sections 11 and 12 ofPub. L. 95–452
as 12 and 13, respectively, of Pub. L. 95–452
, enacting provisions set out as a note under section 11 ofPub. L. 95–452
, and amending provisions set out as notes under section 3 ofPub. L. 95–452
“(A) the term ‘Integrity Committee’ means the Integrity Committee established under section 11(d) of the Inspector General Act of 1978 (5 U.S.C. App), as amended by this Act; and
“(B) the term ‘Special Counsel’ refers to the Special Counsel appointed under section
, United States Code.
“(2) Authority of integrity committee.—
“(A) In general.—An allegation of wrongdoing against the Special Counsel or the Deputy Special Counsel may be received, reviewed, and referred for investigation by the Integrity Committee to the same extent and in the same manner as in the case of an allegation against an Inspector General (or a member of the staff of an Office of Inspector General), subject to the requirement that the Special Counsel recuse himself or herself from the consideration of any allegation brought under this paragraph.
“(B) Coordination with existing provisions of law.—This subsection does not eliminate access to the Merit Systems Protection Board for review under section
, United States Code. To the extent that an allegation brought under this subsection involves section 2302(b)(8) of that title, a failure to obtain corrective action within 120 days after the date on which that allegation is received by the Integrity Committee shall, for purposes of section 1221 of such title, be considered to satisfy section 1214(a)(3)(B) of that title.
“(3) Regulations.—The Integrity Committee may prescribe any rules or regulations necessary to carry out this subsection, subject to such consultation or other requirements as might otherwise apply.”
Transfer of Funds
Section 8(c) ofPub. L. 101–12
provided that: “The personnel, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available or to be made available to the Special Counsel of the Merit Systems Protection Board are, subject to section
, United States Code, transferred to the Special Counsel referred to in section
, United States Code (as added by section 3(a) of this Act), for appropriate allocation.”