S. 396 — Introduced in Senate

II 116th CONGRESS 1st Session S. 396 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. Merit Systems Protection Board continuation of service Section 1202 of title 5, United States Code, is amended to read as follows: 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. .