[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 396 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                 S. 396

  To amend section 1202 of title 5, United States Code, to modify the 
  continuation of service provision for members of the Merit Systems 
                           Protection Board.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2019

Mr. Johnson (for himself and Mr. Peters) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend section 1202 of title 5, United States Code, to modify the 
  continuation of service provision for members of the Merit Systems 
                           Protection Board.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. MERIT SYSTEMS PROTECTION BOARD CONTINUATION OF SERVICE.

    Section 1202 of title 5, United States Code, is amended to read as 
follows:
``Sec. 1202. Term of office; filling vacancies; removal
    ``(a) Term.--The term of office of each member of the Merit Systems 
Protection Board is 7 years.
    ``(b) In-Term Vacancies.--
            ``(1) Term of appointment.--A member appointed to fill a 
        vacancy occurring before the end of a term of office of the 
        member's predecessor may serve for the remainder of that term.
            ``(2) Appointment requirements.--Any appointment to fill a 
        vacancy is subject to the requirements of section 1201.
            ``(3) Continuation of service.--Any member serving only a 
        portion of a 7-year term in office may continue to serve until 
        a successor is appointed and has qualified, except that--
                    ``(A) such member may not continue to serve for 
                more than 1 year after the date on which the term of 
                the member would otherwise expire under this section, 
                unless reappointed under section 1201; or
                    ``(B) if such member is the sole member appointed 
                to the Board under section 1201 on the date on which 
                the term of the member would expire under subparagraph 
                (A), unless such member is reappointed under section 
                1201, such member may not continue to serve on and 
                after the earlier of--
                            ``(i) the date on which a member (including 
                        a successor) is appointed and has qualified; or
                            ``(ii) the date that is 2 years after the 
                        date on which the term of the member would 
                        otherwise expire under this section.
    ``(c) Continuation of Service as Member for Full-Term 
Appointments.--Any member appointed for a 7-year term--
            ``(1) may not be reappointed to any following term; and
            ``(2) may continue to serve beyond the expiration of the 
        term until a successor is appointed and has qualified, except 
        that--
                    ``(A) such member may not continue to serve for 
                more than 1 year after the date on which the term of 
                the member would otherwise expire under this section; 
                or
                    ``(B) if such member is the sole member appointed 
                to the Board under section 1201 on the date on which 
                the term of the member would expire under subparagraph 
                (A), such member may not continue to serve on and after 
                the earlier of--
                            ``(i) the date on which a member (including 
                        a successor) is appointed and has qualified; or
                            ``(ii) the date that is 2 years after the 
                        date on which the term of the member would 
                        otherwise expire under this section.
    ``(d) Removal.--Any member may be removed by the President only for 
inefficiency, neglect of duty, or malfeasance in office.''.
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