Senior Executive Service), whether that member’s job per-
formance as a member of the Board meets the performance
standards for a member of the Board established under sub-
section (f). Each such determination shall be in writing.
‘‘(2) If the determination of the Chairman in any case
is that the member’s job performance as a member of the
Board meets the performance standards for a member of
the Board established under subsection (f), the member’s ap-
pointment as a member of the Board shall be recertified.
‘‘(3) If the determination of the Chairman in any case
is that the member’s job performance does not meet the per-
formance standards for a member of the Board established
under subsection (f), the Chairman shall, based upon the
individual circumstances, either—
‘‘(A) 
grant 
the 
member 
a 
conditional
recertification; or
‘‘(B) recommend to the Secretary that the mem-
ber be noncertified.
‘‘(4) In the case of a member of the Board who is
granted a conditional recertification under paragraph (3)
or (5)(C), the Chairman shall review the member’s job per-
formance record and make a further determination under
paragraph (1) concerning that member not later than one
year after the date of the conditional recertification. If the
determination of the Chairman at that time is that the
member’s job performance as a member of the Board 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)(A) In a case in which the Chairman recommends
to the Secretary under paragraph (3) or (4) that a member
be noncertified, the Secretary shall establish a panel to re-
view that recommendation. The panel shall be established
from among employees of the Department other than mem-
bers of the Board or of the Board’s staff and may include
Federal employees from outside the Department with appro-
priate expertise.
‘‘(B) The panel shall review the matter and recommend
to the Secretary whether the Board member should be
noncertified 
or 
should 
be 
granted 
a 
conditional
recertification.
‘‘(C) The Secretary, after considering the recommenda-
tion of the panel, may either—
‘‘(i) 
grant 
the 
member 
a 
conditional
recertification; or
‘‘(ii) determine that the member should be
noncertified.
‘‘(d)(1) If the Secretary, based upon the recommenda-
tion of the Chairman and after considering the rec-
ommendation of the panel under subsection (c)(5), deter-
mines 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 from the
Board.
‘‘(2) An individual so removed from the Board shall
have the right to be employed by the Board in an attorney-
advisor position.
‘‘(e)(1) A member of the Board (other than the Chair-
man or a member of the Senior Executive Service) may
be removed as a member of the Board by reason of job per-
formance only as provided in subsections (c) and (d). Such
a member may be removed by the Secretary, upon the rec-
ommendation of the Chairman, for any other reason as de-
termined 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 admin-
istrative 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 ac-
tion, a member shall have the rights set out in section
7513(b) of that title.
‘‘(f) The Chairman, subject to the approval of the Sec-
retary, shall establish standards for the performance of the
job of a member of the Board (other than a member of the
Senior Executive Service). Those standards shall establish
objective and fair criteria for evaluation of the job perform-
ance 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 chap-
ter is amended by inserting after the item relating to section
7101 the following new item:
‘‘7101A. Members of Board: appointment; pay; performance review.’’.
(b) SAVE PAY PROVISION.—The rate of basic pay pay-
able to an individual who is a member of the Board of Vet-
erans’ Appeals on the date of the enactment of this Act may
not be reduced by reason of the amendments made by this
section to a rate below the rate payable to such individual
on the day before such date.
(c) EFFECTIVE DATE.—Section 7101A(b) of title 38,
United States Code, as added by subsection (a), shall take
effect on the first day of the first pay period beginning after
December 31, 1994.
SEC. 302. CONFORMING AMENDMENTS.
Section 7101(b) is amended—
(1) by striking out paragraph (2);
(2) by designating as paragraph (2) the text in
paragraph (1) beginning ‘‘The Chairman may be re-
moved’’; and
(3) by striking out ‘‘Members (including the
Chairman)’’ in paragraph (3) and inserting in lieu
thereof ‘‘The Chairman’’.
SEC. 303. DEADLINE FOR ESTABLISHMENT OF PERFORM-
ANCE EVALUATION CRITERIA FOR BOARD
MEMBERS.
(a) DEADLINE.—The job performance standards re-
quired to be established by section 7101A(d) of title 38,
United States Code, as added by subsection (a), shall be
established not later than 90 days after the date of the en-
actment of this Act.
(b) SUBMISSION TO CONGRESSIONAL COMMITTEE.—
Not later than the date on which the standards referred to
in subsection (a) take effect, the Secretary of Veterans Af-
fairs shall submit to the Committees on Veterans’ Affairs
of the Senate and House of Representatives a report con-
taining the Secretary’s proposal for the establishment of
those standards.