Page:United States Statutes at Large Volume 108 Part 1.djvu/767

 PUBLIC LAW 103-271—JULY 1, 1994 108 STAT. 741 (2) by striking out paragraph (2); (3) by redesignating paragraph (3) as paragraph (2); and (4) in paragraph (2), as so redesignated, by striking out "the number of temporary Board members" and all that follows through the period at the end and inserting in lieu thereof "the number of acting members of the Board designated under such paragraph (1) during the year for which the report is made.". (b) CONFORMING AMENDMENTS. — (1) Subsection (e) of such section is amended by striking out "a temporary or" and inserting in lieu thereof "an". (2) Subsection (d)(3)(B) of such section is amended by striking "section 7103(d)" and inserting in lieu thereof "section 7101(a)". SEC. 5. CHAIRMAN'S ANNUAL REPORT ON BOARD ACTIVITIES. Section 7101(d)(2) of title 38, United States Code, is amended— (1) by striking out "and" at the end of subparagraph (D); (2) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof"; and"; and (3) by adding at the end the following new subparagraph: "(F) the number of employees of the Department designated under subsection (c)(1) to serve as acting members of the Board during that year and the number of cases in which each such member participated during that year.". SEC. 6. DECISIONS BY THE BOARD. (a) ACTION BY BVA. —Sections 7102 and 7103 of title 38, United States Code, are amended to read as follows: '*§ 7102. Assignment of members of Board "(a) A proceeding instituted before the Board may be assigned to an individual member of the Board or to a panel of not less than three members of the Board. A member or panel assigned a proceeding shall make a determination thereon, including any motion filed in connection therewith. The member or panel, as Reports. the case may be, shall make a report under section 7104(d) of this title on any such determination, which report shall constitute the final disposition of the proceeding by the member or panel. "(b) A proceeding may not be assigned to the Chairman as an individual member. The Chairman may participate in a proceeding assigned to a panel or in a reconsideration assigned to a panel of members. "§ 7103. Reconsideration; correction of obvious errors "(a) The decision of the Board determining a matter under section 7102 of this title is final unless the Chairman orders reconsideration of the decision in accordance with subsection (b). Such an order may be made on the Chairman's initiative or upon motion of the claimant. "(b)(1) Upon the order of the Chairman for reconsideration of the decision in a case, the case shall be referred— "(A) in the case of a matter originally heard by a single member of the Board, to a panel of not less than three members of the Board; or "(B) in the case of a matter originally heard by a panel of members of the Board, to an enlarged panel of the Board.

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