Page:United States Statutes at Large Volume 92 Part 1.djvu/1176

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PUBLIC LAW 95-000—MMMM. DD, 1978

92 STAT. 1122

PUBLIC LAW 95-454—OCT. 13, 1978

political party. The Chairman and members of the Board shall be individuals who, by demonstrated ability, background, training, or experience are especially qualified to carry out the functions of the Board. No member of the Board may hold another office or position in the Government of the United States, except as otherwise provided by law or at the direction of the President. The Board shall have an official seal which shall be judicially noticed. The Board shall have its principal office in the District of Columbia and may have field offices in other appropriate locations. 5 USC 1202. "§ 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 occurring before the end of a term of office of his predecessor serves for the remainder of that term. Any appointment to fill a vacancy is subject to the requirements • i;'; ii of section 1201 of this title. "(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 A--ltl J * 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 President only for inefficiency, neglect of duty, or malfeasance in office. 5 USC 1203. «§ 1203. Chairman; Vice Chairman "(a) The President shall from time to time, appoint, by and with the advice and consent of the Senate, one of the members of the Merit Systems 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 designate 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 Vice Chairman, or when the offices of Chairman and Vice Chairman are vacant, the remaining Board member shall perform the functions vested in the Chairman. 5 USC 1204. «§ 1204. Special Counsel; appointment and removal "The Special Counsel of the Merit Systems Protection Board shall be appointed by the President from attorneys, by and with the advice and consent of the Senate, for a term of 5 years. A Special Counsel appointed to fill a vacancy occurring before the end of a term of office of his predecessor serves for the remainder of the term. The Special Counsel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office. 5 USC 1205. «§ 1205. Powers and functions of the Merit Systems Protection Board and Special Counsel " (a) The Merit Systems Protection Board shall— "(1) hear, adjudicate, or provide for the hearing or adjudica^^ ^, tion, of all matters within the jurisdiction of the Board under this Ami..!'•••. i, ^^^|g^ section 2023 of title 38, or any other law, rule, or regulation, and, subject to otherwise applicable provisions of law, take final action on any such matter;