Page:United States Statutes at Large Volume 103 Part 1.djvu/47

 PUBLIC LAW 101-12 —APR. 10, 1989 103 STAT. 19 "§ 1206. Annual report"; (11) by inserting after section 1206 (as redesignated in para- graph (10) of this subsection) the following: "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."; (12) by amending section 1211(b) (as redesignated and inserted ' by paragraph (6) of this subsection)— (A) in the first sentence by striking out "of the Merit Systems Protection Board" and "from attorneys"; ^ (B) by striking the second sentence and inserting in lieu thereof "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."; and (C) by adding at the end thereof "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."; and (18) inserting after section 1211 the following: "§ 1212. Powers and functions of the Office of Special Counsel "(a) The Office of Special Counsel shall— "(1) in accordance with section 1214(a) and other applicable provisions of this subchapter, protect employees, former employ- ees, and applicants for employment from prohibited personnel practices; "(2) receive and investigate allegations of prohibited person- nel practices, and, where appropriate— "(A) bring petitions for stays, and petitions for corrective action, under section 1214; and "(B) file a complaint or make recommendations for dis- ciplinary action under section 1215; "(3) receive, review, and, where appropriate, forward to the Attorney General or an agency head under section 1213, disclo- sures of violations of any law, rule, or regulation, or gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety; "(4) review rules and regulations issued by the Director of the Office of Personnel Management in carrying out functions under section 1103 and, where the Special Counsel finds that any such rule or regulation would, on its face or as imple- mented, require the commission of a prohibited personnel prac- tice, file a written complaint with the Board; and "(5) investigate and, where appropriate, bring actions concerning allegations of violations of other laws within the District of Columbia.

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