II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. MERIT SYSTEMS PROTECTION BOARD CON4 TINUATION OF SERVICE. 

5 Section 1202 of title 5, United States Code, is 

6 amended to read as follows: 

7 ‘‘§ 1202. Term of office; filling vacancies; removal 

8 ‘‘(a) TERM.—The term of office of each member of 

9 the Merit Systems Protection Board is 7 years. 


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1 ‘‘(b) IN-TERM VACANCIES.— 

2 ‘‘(1) TERM OF APPOINTMENT.—A member ap3 pointed to fill a vacancy occurring before the end of 

4 a term of office of the member’s predecessor may 

5 serve for the remainder of that term. 

6 ‘‘(2) APPOINTMENT REQUIREMENTS.—Any ap7 pointment to fill a vacancy is subject to the require8 ments of section 1201. 

9 ‘‘(3) CONTINUATION OF SERVICE.—Any mem10 ber serving only a portion of a 7-year term in office 

11 may continue to serve until a successor is appointed 

12 and has qualified, except that— 

13 ‘‘(A) such member may not continue to 

14 serve for more than 1 year after the date on 

15 which the term of the member would otherwise 

16 expire under this section, unless reappointed 

17 under section 1201; 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), unless 

22 such member is reappointed under section 

23 1201, such member may not continue to serve 

24 on and after the earlier of— 


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1 ‘‘(i) the date on which a member (in2 cluding a successor) is appointed and has 

3 qualified; or 

4 ‘‘(ii) the date that is 2 years after the 

5 date on which the term of the member 

6 would otherwise expire under this section. 

7 ‘‘(c) CONTINUATION OF SERVICE AS MEMBER FOR

8 FULL-TERM APPOINTMENTS.—Any member appointed for 

9 a 7-year term— 

10 ‘‘(1) may not be reappointed to any following 

11 term; and 

12 ‘‘(2) may continue to serve beyond the expira13 tion of the term until a successor is appointed and 

14 has qualified, except that— 

15 ‘‘(A) such member may not continue to 

16 serve for more than 1 year after the date on 

17 which the term of the member would otherwise 

18 expire under this section; or 

19 ‘‘(B) if such member is the sole member 

20 appointed to the Board under section 1201 on 

21 the date on which the term of the member 

22 would expire under subparagraph (A), such 

23 member may not continue to serve on and after 

24 the earlier of— 


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•S 396 IS

1 ‘‘(i) the date on which a member (in2 cluding a successor) is appointed and has 

3 qualified; or 

4 ‘‘(ii) the date that is 2 years after the 

5 date on which the term of the member 

6 would otherwise expire under this section. 

7 ‘‘(d) REMOVAL.—Any member may be removed by 

8 the President only for inefficiency, neglect of duty, or mal9 feasance in office.’’. 

Æ 


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