Page:United States Statutes at Large Volume 108 Part 6.djvu/88

 108 STAT. 4656 PUBLIC LAW 103-446—NOV. 2, 1994 ance record and make a further detennioation under pgiragraph (1) concerning that member not later than one year after the date of the conditional recertification. If the determination of the performance review panel at that time is that the member's job performance as a member of the BoEurd still does not meet the performance standards for a member of the Board established under subsection (f), the Chairman shall recommend to the Secretary that the member be noncertified. "(5) In a case in which the Chairman recommends to the Secretary under paragraph (3) or (4) that a member be noncertified, the Secretary, after considering the recommendation of the Chairman, may eimer— (A) grant the member a conditional recertification; or "(B) determine that the member should be noncertified. "(d)(1) If the Secretary, based upon the recommendation of the Chairman, determines that a member of the Board should be noncertified, that member's appointment as a member of the Board shall be terminated and that member shall be removed fix)m the Board. "(2) Upon removal from the Board under paragraph (1), a member of the Board (other than the Chairman) who was a career or career-conditional employee in the civil service before commencement of service as a member of the Board shall revert to the civil service grade and series held by the member immediately before the appointment of the member to the Board. "(e)(1) A member of the Board (other than the Chairman or a member of the Senior Executive Service) may be removed as a member of the Board by reason of job performance only as provided in subsections (c) and (d). Such a member may be removed by the Secretary, upon the recommendation of the (Jhairman, for any other reason as determined by the Secretary. "(2) In the case of a removal of a member under this section for a reason other than job performance that would be covered by section 7521 of title 5 in the case of an administrative law judge, the removal of the member of the Board 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 subsection. In such a removal action, a member shall have the rights set out in section 7513(b) of that title. "(f) The Chairman^ subject to the approval of the Secretary, shall establish standards for the performance of the job of a member of the Board (other than the Chairman or a member of the Senior Executive Service). Those standards shall establish objective and fair criteria for evaluation of the job performance of a member of the Board. "(g) The Secretary shall prescribe procedures for the administration of this section, including deadlines and time schedules for different actions under this section.". (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101 the following new item: "TIOIA. Members of Board: appointment; pay; performance review.". 38 USC 7101A (b) SAVE PAY PROVISION.—The rate of basic pay payable to "° **- an individual who is a member of the Board of Veterans' Appeals on the date of the enactment of this Act may not be reduced

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