-CITE-
5 USC Sec. 1201 01/03/05-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART II - CIVIL SERVICE FUNCTIONS AND RESPONSIBILITIES
CHAPTER 12 - MERIT SYSTEMS PROTECTION BOARD, OFFICE OF SPECIAL
COUNSEL, AND EMPLOYEE RIGHT OF ACTION
SUBCHAPTER I - MERIT SYSTEMS PROTECTION BOARD-HEAD-
Sec. 1201. Appointment of members of the Merit Systems Protection
Board-STATUTE-
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-
(Added Pub. L. 95-454, title II, Sec. 202(a), Oct. 13, 1978, 92
Stat. 1121; amended Pub. L. 101-12, Sec. 3(a)(1), Apr. 10, 1989,
103 Stat. 16.)-MISC1-
AMENDMENTS
1989 - Pub. L. 101-12 substituted "The members" for "The Chairman
and members" in second sentence.EFFECTIVE DATE OF 1989 AMENDMENT
Section 11 of Pub. L. 101-12 provided that: "This Act and the
amendments made by this Act [see Short Title of 1989 Amendment note
below] shall take effect 90 days following the date of enactment of
this Act [Apr. 10, 1989]."EFFECTIVE DATE
Subchapter effective 90 days after Oct. 13, 1978, see section 907
of Pub. L. 95-454, set out as an Effective Date of 1978 Amendment
note under section 1101 of this title.SHORT TITLE OF 1989 AMENDMENT
Section 1 of Pub. L. 101-12 provided that: "This Act [enacting
subchapters II and III of this chapter and section 3352 of this
title, amending this section and sections 1202 to 1206, 1209, 1211,
2302, 2303, 3393, 7502, 7512, 7521, 7542, 7701, and 7703 of this
title and section 4139 of Title 22, Foreign Relations and
Intercourse, repealing sections 1207 and 1208 of this title, and
enacting provisions set out as notes under this section and
sections 1211 and 5509 of this title] may be cited as the
'Whistleblower Protection Act of 1989'."SAVINGS PROVISION
Section 7 of Pub. L. 101-12 provided that:
"(a) Orders, Rules, and Regulations. - All orders, rules, and
regulations issued by the Merit Systems Protection Board or the
Special Counsel before the effective date of this Act [see
Effective Date of 1989 Amendment note above] shall continue in
effect, according to their terms, until modified, terminated,
superseded, or repealed.
"(b) Administrative Proceedings. - No provision of this Act [see
Short Title of 1989 Amendment note above] shall affect any
administrative proceeding pending at the time such provisions take
effect. Orders shall be issued in such proceedings, and appeals
shall be taken therefrom, as if this Act had not been enacted.
"(c) Suits and Other Proceedings. - No suit, action, or other
proceeding lawfully commenced by or against the members of the
Merit Systems Protection Board, the Special Counsel, or officers or
employees thereof, in their official capacity or in relation to the
discharge of their official duties, as in effect immediately before
the effective date of this Act [see Effective Date of 1989
Amendment note above], shall abate by reason of the enactment of
this Act. Determinations with respect to any such suit, action, or
other proceeding shall be made as if this Act had not been
enacted."WHISTLEBLOWER PROTECTION; CONGRESSIONAL STATEMENT OF FINDINGS AND
PURPOSE
Section 2 of Pub. L. 101-12 provided that:
"(a) Findings. - The Congress finds that -
"(1) Federal employees who make disclosures described in
section 2302(b)(8) of title 5, United States Code, serve the
public interest by assisting in the elimination of fraud, waste,
abuse, and unnecessary Government expenditures;
"(2) protecting employees who disclose Government illegality,
waste, and corruption is a major step toward a more effective
civil service; and
"(3) in passing the Civil Service Reform Act of 1978 [Pub. L.
95-454, see Tables for classification], Congress established the
Office of Special Counsel to protect whistleblowers (those
individuals who make disclosures described in such section
2302(b)(8)) from reprisal.
"(b) Purpose. - The purpose of this Act [see Short Title of 1989
Amendment note above] is to strengthen and improve protection for
the rights of Federal employees, to prevent reprisals, and to help
eliminate wrongdoing within the Government by -
"(1) mandating that employees should not suffer adverse
consequences as a result of prohibited personnel practices; and
"(2) establishing -
"(A) that the primary role of the Office of Special Counsel
is to protect employees, especially whistleblowers, from
prohibited personnel practices;
"(B) that the Office of Special Counsel shall act in the
interests of employees who seek assistance from the Office of
Special Counsel; and
"(C) that while disciplining those who commit prohibited
personnel practices may be used as a means by which to help
accomplish that goal, the protection of individuals who are the
subject of prohibited personnel practices remains the paramount
consideration."TERMS OF OFFICE OF MEMBERS
Section 202(b) of Pub. L. 95-454 provided that: "Any term of
office of any member of the Merit Systems Protection Board serving
on the effective date of this Act [see Effective Date of 1978
Amendment note set out under section 1101 of this title] shall
continue in effect until the term would expire under section 1102
of title 5, United States Code, as in effect immediately before the
effective date of this Act, and upon expiration of the term,
appointments to such office shall be made under sections 1201 and
1202 of title 5, United States Code (as added by this section)."