```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 2305 Introduced in Senate (IS)]

103d CONGRESS
  2d Session
                                S. 2305

 To provide that members of the Board of Veterans' Appeals be referred 
to as veterans law judges, to provide for the pay of such members, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                July 21 (legislative day, July 20), 1994

   Mr. Akaka introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL

 
 To provide that members of the Board of Veterans' Appeals be referred 
to as veterans law judges, to provide for the pay of such members, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans Law Judge Act of 1994''.

SEC. 2. AUTHORITY TO REFER TO MEMBERS OF BOARD OF VETERANS' APPEALS AS 
              VETERANS LAW JUDGES.

    Section 7101(b) of title 38, United States Code, is amended by 
adding at the end the following:
    ``(5)(A) Except as provided in subparagraph (B), a member of the 
Board, including the Chairman and the Vice Chairman, shall be referred 
to as a veterans law judge.
    ``(B) Subparagraph (A) shall not apply to a temporary member of the 
Board.''.

SEC. 3. CLASSIFICATION AND PAY OF MEMBERS OF BOARD OF VETERANS' 
              APPEALS.

    (a) In General.--Section 7101(b) of title 38, United States Code, 
as amended by section 2, is further amended by adding at the end the 
following:
    ``(6) A member of the Board (other than the Chairman and Vice 
Chairman) shall receive compensation under the provisions of section 
5372 of title 5 and other benefits equal to those payable to an 
administrative law judge.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first pay period beginning after 
the date of the enactment of this Act.
    (c) Savings 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 by reason of the 
amendment made by subsection (a) below the rate payable to such 
individual on the day before the effective date specified in subsection 
(b).

SEC. 4. CONTINUATION OF SERVICE AND REAPPOINTMENT OF BOARD MEMBERS.

    (a) Chairman.--Paragraph (1) of section 7101(b) of title 38, United 
States Code, is amended to read as follows:
    ``(1)(A) The Chairman shall be appointed by the President, by and 
with the advice and consent of the Senate, for a term of six years.
    ``(B) Notwithstanding subparagraph (A), the Chairman may, upon the 
approval of the Secretary, serve after the expiration of the term of 
the Chairman under that subparagraph. The Chairman may serve under this 
subparagraph until--
            ``(i) the confirmation of the Chairman under subparagraph 
        (A) for an additional term to which the Chairman is appointed 
        under paragraph (3); or
            ``(ii) the confirmation of the successor to the Chairman.
    ``(C) The Chairman may be removed by the President for misconduct, 
inefficiency, neglect of duty, or engaging 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.''.
    (b) Other Members of Board.--Paragraph (2) of such section is 
amended to read as follows:
    ``(2)(A) The other members of the Board (including the Vice 
Chairman) shall be appointed by the Secretary, with the approval of the 
President and based upon recommendations of the Chairman, for a term of 
nine years.
    ``(B) Notwithstanding subparagraph (A), a member of the Board may, 
upon the recommendation of the Chairman and the approval of the 
Secretary, serve after the expiration of the term of the member under 
that subparagraph. A member may serve under this subparagraph until--
            ``(i) the appointment of the member to an additional term 
        under paragraph (3); or
            ``(ii) the appointment of the successor to the member.
    ``(C)(i) The Secretary shall notify a member of the Board under 
this paragraph if--
            ``(I) the Chairman decides not to recommend the member for 
        appointment under paragraph (3) to an additional term; or
            ``(II) the Secretary decides not to appoint the member to 
        an additional term under that paragraph.
    ``(ii) The Secretary shall notify a member of the Board under 
clause (i) not later than 120 days before the expiration of the 
member's term.
    ``(iii) A notification under clause (i) shall include an 
explanation of the Chairman's decision not to recommend the member for 
appointment or the Secretary's decision not to appoint the member, as 
the case may be.
    ``(iv) The Secretary shall provide a member of the Board who 
receives a notice under this subparagraph an opportunity for a hearing 
on the matters in the notice. The hearing shall occur not later than 60 
days before the expiration of the member's term.
    ``(v) Upon completion of a hearing in the case of a member of the 
Board under clause (iv), the Secretary shall determine whether or not 
to appoint the member to an additional term under paragraph (3). The 
Secretary's decision shall be final and shall not be subject to 
judicial review.
    ``(D)(i) Except as provided in clause (ii), if the Secretary fails 
to notify a member of the Board covered by clause (i) of subparagraph 
(C) by the time specified in clause (ii) of that subparagraph, the 
member shall be deemed appointed by the Secretary to an additional term 
under paragraph (3).
    ``(ii) The President may disapprove the appointment of a member of 
the Board to an additional term under clause (i). A member whose 
appointment is so disapproved shall not be deemed appointed to such 
term under that clause.
    ``(E) Upon the expiration of the term, including any service after 
such expiration under subparagraph (B), of a member of the Board (other 
than the Chairman) who was a career or career-conditional employee in 
the service before commencement of the term, the member shall revert to 
the civil service grade and series held by the member immediately 
before the appointment of the member to the Board.
    ``(F)(i) Reversion of a member of the Board under subparagraph (E) 
shall not affect the taking against the member of an action referred to 
in clause (ii) if the action was initiated before the expiration of the 
term of the member.
    ``(ii) Clause (i) refers to the following actions:
            ``(I) Removal of a member of the Board.
            ``(II) Suspension of a member.
            ``(III) Reduction in grade of a member.
            ``(IV) Reduction in pay of a member.
            ``(V) Furlough of a member for 30 days or less.
            ``(VI) A reduction-in-force under section 3502 of title 5.
            ``(VII) An action initiated under section 1215 of title 
        5.''.
    (c) Criteria for Reappointment of Board Members.--(1) The Secretary 
of Veterans Affairs shall prescribe criteria applicable to the 
appointment of members of the Board of Veterans' Appeals to a term on 
the Board under section 7101(b)(3) of title 38, United States Code.
    (2) The criteria prescribed under paragraph (1) shall not apply to 
the Chairman of the Board.
    (3)(A) The criteria prescribed under paragraph (1) shall take into 
consideration the timeliness of a member of the Board, the case 
management of a member, the extent to which substantive errors appear 
in the decisions of the Board issued by the member, and the conduct of 
a member as a member of the Board.
    (B) Such criteria shall not provide for an evaluation of a member 
of the Board in accordance with the granting or denying of appeals by 
the member.
    (d) Applicability.--Subparagraph (B) of section 7101(b)(2) of title 
38, United States Code, as amended by subsection (b), shall apply to 
members of the Board of Veterans' Appeals appointed under section 
201(d) of the Veterans' Judicial Review Act (division A of Public Law 
100-687; 38 U.S.C. 7101 note).

SEC. 5. BOARD MEMBERS HOLDING APPOINTMENTS IN THE SENIOR EXECUTIVE 
              SERVICE.

    Notwithstanding any other provision of law, any member of the Board 
of Veterans' Appeals who, on the date of the enactment of this Act, is 
a member of the Senior Executive Service shall--
            (1) continue as a member of the Senior Executive Service 
        while serving as a member of the Board; and
            (2) during the term of office of the member under section 
        7101(b) of title 38, United States Code, receive the pay, 
        leave, and other benefits (including benefits relating to 
        reassignment) to which members of the Senior Executive Service 
        are entitled.
                                 <all>
```