5 U.S.C. § 1211 — Establishment
submitted 37 years ago by Pub. L. 101-12 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 233 words · no verdicts yet
This section establishes the Office of Special Counsel and sets rules for its location, seal, and Special Counsel. It covers appointment, term, qualifications, removal, and limits on holding another government position.
(a) There is established the Office of Special Counsel, which must be headed by the Special Counsel. The Office must have an official seal which must be judicially noticed. The Office must have its principal office in the District of Columbia and must have field offices in other appropriate locations. (b) The Special Counsel must 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 cannot 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 must 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 cannot 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.
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.
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, § 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.)
- 1989Enacted · Pub. L. 101-12 · 103 Stat. 19
- 1989Amended · Pub. L. 101-12 · 103 Stat. 17, 19
- 1994Amended · Pub. L. 103-424 · 108 Stat. 4361
A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-12 on 1989-04-10.
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