II 116TH CONGRESS 1ST SESSION S. 396 To amend section 1202 of title 5, United States Code, to modify the continu- ation 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 Secu- rity 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. MERIT SYSTEMS PROTECTION BOARD CON- 3 TINUATION OF SERVICE. 4 Section 1202 of title 5, United States Code, is 5 amended to read as follows: 6 ‘‘§ 1202. Term of office; filling vacancies; removal 7 ‘‘(a) TERM.—The term of office of each member of 8 the Merit Systems Protection Board is 7 years. 9 VerDate Sep 11 2014 03:20 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S396.IS S396 kjohnson on DSK79L0C42 with BILLS 2 •S 396 IS ‘‘(b) IN-TERM VACANCIES.— 1 ‘‘(1) TERM OF APPOINTMENT.—A member ap- 2 pointed to fill a vacancy occurring before the end of 3 a term of office of the member’s predecessor may 4 serve for the remainder of that term. 5 ‘‘(2) APPOINTMENT REQUIREMENTS.—Any ap- 6 pointment to fill a vacancy is subject to the require- 7 ments of section 1201. 8 ‘‘(3) CONTINUATION OF SERVICE.—Any mem- 9 ber serving only a portion of a 7-year term in office 10 may continue to serve until a successor is appointed 11 and has qualified, except that— 12 ‘‘(A) such member may not continue to 13 serve for more than 1 year after the date on 14 which the term of the member would otherwise 15 expire under this section, unless reappointed 16 under section 1201; or 17 ‘‘(B) if such member is the sole member 18 appointed to the Board under section 1201 on 19 the date on which the term of the member 20 would expire under subparagraph (A), unless 21 such member is reappointed under section 22 1201, such member may not continue to serve 23 on and after the earlier of— 24 VerDate Sep 11 2014 03:20 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S396.IS S396 kjohnson on DSK79L0C42 with BILLS 3 •S 396 IS ‘‘(i) the date on which a member (in- 1 cluding a successor) is appointed and has 2 qualified; or 3 ‘‘(ii) the date that is 2 years after the 4 date on which the term of the member 5 would otherwise expire under this section. 6 ‘‘(c) CONTINUATION OF SERVICE AS MEMBER FOR 7 FULL-TERM APPOINTMENTS.—Any member appointed for 8 a 7-year term— 9 ‘‘(1) may not be reappointed to any following 10 term; and 11 ‘‘(2) may continue to serve beyond the expira- 12 tion of the term until a successor is appointed and 13 has qualified, except that— 14 ‘‘(A) such member may not continue to 15 serve for more than 1 year after the date on 16 which the term of the member would otherwise 17 expire under this section; or 18 ‘‘(B) if such member is the sole member 19 appointed to the Board under section 1201 on 20 the date on which the term of the member 21 would expire under subparagraph (A), such 22 member may not continue to serve on and after 23 the earlier of— 24 VerDate Sep 11 2014 03:20 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S396.IS S396 kjohnson on DSK79L0C42 with BILLS 4 •S 396 IS ‘‘(i) the date on which a member (in- 1 cluding a successor) is appointed and has 2 qualified; or 3 ‘‘(ii) the date that is 2 years after the 4 date on which the term of the member 5 would otherwise expire under this section. 6 ‘‘(d) REMOVAL.—Any member may be removed by 7 the President only for inefficiency, neglect of duty, or mal- 8 feasance in office.’’. 9 Æ VerDate Sep 11 2014 03:20 Feb 16, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S396.IS S396 kjohnson on DSK79L0C42 with BILLS