5 U.S.C. § 1203 — Chairman; Vice Chairman

Page 271 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1204 such office shall be made under sections 1201 and 1202 of title 5, United States Code (as added by this section).’’ § 1202. Term of office; filling vacancies; removal (a) The term of office of each member of the Merit Systems Protection Board is 7 years. (b) A member appointed to fill a vacancy oc- curring before the end of a term of office of the member’s predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements of section 1201. Any new member serving only a portion of a seven-year term in office may continue to serve until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire, unless reappointed. (c) Any member appointed for a 7-year term may not be reappointed to any following term but may continue to serve beyond the expiration of the term until a successor is appointed and has qualified, except that such member may not continue to serve for more than one year after the date on which the term of the member would otherwise expire under this section. (d) Any member may be removed by the Presi- dent only for inefficiency, neglect of duty, or malfeasance in office. (Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 100–202, § 101(m) [title VI, § 620], Dec. 22, 1987, 101 Stat. 1329–390, 1329–427; Pub. L. 101–12, § 3(a)(2), (3), Apr. 10, 1989, 103 Stat. 17.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–12, § 3(a)(2), substituted a semicolon for the comma after ‘‘office’’ in section catchline. Subsec. (b). Pub. L. 101–12, § 3(a)(3), substituted ‘‘the member’s’’ for ‘‘his’’ in first sentence and struck out ‘‘of this title’’ after ‘‘section 1201’’ in second sentence. 1987—Subsec. (b). Pub. L. 100–202 inserted provision permitting any new member serving portion of seven- year term to continue serving until successor is ap- pointed and has qualified, with exception limiting du- ration of such service. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–12 effective 90 days fol- lowing Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title. § 1203. Chairman; Vice Chairman (a) The President shall from time to time ap- point, by and with the advice and consent of the Senate, one of the members of the Merit Sys- tems Protection Board as the Chairman of the Board. The Chairman is the chief executive and administrative officer of the Board. (b) The President shall from time to time des- ignate one of the members of the Board as Vice Chairman of the Board. During the absence or disability of the Chairman, or when the office of Chairman is vacant, the Vice Chairman shall perform the functions vested in the Chairman. (c) During the absence or disability of both the Chairman and the Vice Chairman, or when the offices of Chairman and Vice Chairman are va- cant, the remaining Board member shall per- form the functions vested in the Chairman. (Added Pub. L. 95–454, title II, § 202(a), Oct. 13, 1978, 92 Stat. 1122; amended Pub. L. 101–12, § 3(a)(4), (5), Apr. 10, 1989, 103 Stat. 17.) Editorial Notes AMENDMENTS 1989—Subsec. (a). Pub. L. 101–12, § 3(a)(4), struck out the comma after ‘‘time’’ in first sentence. Subsec. (c). Pub. L. 101–12, § 3(a)(5), substituted ‘‘the Chairman and the Vice Chairman’’ for ‘‘the Chairman and Vice Chairman’’ after ‘‘both’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1989 AMENDMENT Amendment by Pub. L. 101–12 effective 90 days fol- lowing Apr. 10, 1989, see section 11 of Pub. L. 101–12, set out as a note under section 1201 of this title. § 1204. Powers and functions of the Merit Sys- tems Protection Board (a) The Merit Systems Protection Board shall— (1) hear, adjudicate, or provide for the hear- ing or adjudication, of all matters within the jurisdiction of the Board under this title, chapter 43 of title 38, or any other law, rule, or regulation, and, subject to otherwise applica- ble provisions of law, take final action on any such matter; (2) order any Federal agency or employee to comply with any order or decision issued by the Board under the authority granted under paragraph (1) of this subsection and enforce compliance with any such order; (3) conduct, from time to time, special stud- ies relating to the civil service and to other merit systems in the executive branch, and re- port to the President and to the Congress as to whether the public interest in a civil service free of prohibited personnel practices is being adequately protected; and (4) review, as provided in subsection (f), rules and regulations of the Office of Personnel Management. (b)(1) Any member of the Merit Systems Pro- tection Board, any administrative law judge ap- pointed by the Board under section 3105 of this title, and any employee of the Board designated by the Board may administer oaths, examine witnesses, take depositions, and receive evi- dence. (2) Any member of the Board, any administra- tive law judge appointed by the Board under sec- tion 3105, and any employee of the Board des- ignated by the Board may, with respect to any individual— (A) issue subpoenas requiring the attendance and presentation of testimony of any such in- dividual, and the production of documentary or other evidence from any place in the United States, any territory or possession of the United States, the Commonwealth of Puerto Rico, or the District of Columbia; and (B) order the taking of depositions from, and responses to written interrogatories by, any such individual. (3) Witnesses (whether appearing voluntarily or under subpoena) shall be paid the same fee