Page:United States Statutes at Large Volume 102 Part 5.djvu/103

 PUBLIC LAW 100-687—NOV. 18, 1988

102 STAT. 4109

withhold for the purpose of such payment any portion of benefits payable for a period after the date of the final decision of the Administrator, the Board of Veterans' Appeals, or Court of Veterans Appeals making (or ordering the making of) the award.". (b) VIOLATION TO B E A MISDEMEANOR.—Section 3405 of such title is amended by striking out "shall be fined not more than $500 or imprisoned at hard labor for not more than two years, or both" and inserting in lieu thereof "shall be fined as provided in title 18, or imprisoned not more than one year, or both".

TITLE II—BOARD OF VETERANS' APPEALS SEC. 201. APPOINTMENT AND REMOVAL OF THE CHAIRMAN AND MEM. BERS. (a) IN GENERAL.—Subsection 0)) of section 4001 is amended to read as follows: "OaXD The Chairman shall be appointed by the President, by and President of u s with the advice and consent of the Senate, for a term of six years. The Chairman may be removed by the President for misconduct, inefficiency, neglect of duty, or engeiging in the practice of law or for physical or mental disability which, in the opinion of the President, prevents the proper execution of the Chairman's duties. The Chairman may not be removed from office by the President on any other grounds. Any such removal may only be made after notice and opportunity for hearing. (2)(A) The other members of the Board (including the Vice Chairman) shall be appointed by the Administrator, with the approval of the President, based upon recommendations of the Chairman. Each such member shall be appointed for a term of nine years. "(B) A member of the Board (other than the Chairman) may be removed by the Administrator upon the recommendation of the Chairman. In the case of a removal that would be covered by section 7521 of title 5 in the case of an administrative law judge, a removal of a member of the Board under this paragraph shall be carried out subject to the same requirements as apply to removal of an administrative law judge under that section. Section 554(a)(2) of title 5 shall not apply to a removal action under this subparagraph. In such a removal action, a member shall have the rights set out in section 7513(b) of such title. "(3) Members (including the Chairman) may be appointed under this subsection to more than one term. "(4) The Administrator shall designate one member of the Board as Vice Chairman. The Vice Chairman shall perform such functions as the Chairman may specify. Such member shall serve as Vice Chairman at the pleasure of the Administrator.". Ob) SALARY OP CHAIRMAN.—(1) Section 5315 of title 5, United States Code, is amended by adding at the end the following: "Chairman, Board of Veterans' Appeals.". (2) The suiiendment made by paragraph (1) shall take effect when Effective date. the President first appoints an individual as Chairman of the Board 5 USC 5315 note. of Veterans' Appeals under section 4001CbXl) of title 38, United States Code (as amended by subsection (a)). (c) TRANSITION TO N E W BOARD.—(1) Appointments of members of

the Board of Veterans' Appeals under subsection (b)(2) of section

38 USC 4001 note.

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