PUBLIC LAW 103-446—NOV. 2, 1994 108 STAT. 4655 montMy rates and limitations (other than increased rates or limitations equal to a whole doUar amount) rounded down to the next lower doUar. TITLE II—BOARD OF VETERANS' APPEALS ADMINISTRATION SEC. 201. APPOnSTTMENT, PAY COMPARABILITY, AND PERFORMANCE , REVIEWS FOR MEMBERS OF THE BOARD OF VETERANS' APPEALS. (a) MEMBERS OTHER THAN CHAIRMAN. — (1) Chapter 71 is amended by inserting after section 7101 the following new section: "§ 7101A. Members of Board: appointment; pay; performance review "(a) The members of the Board of Veterans' Appeals other than the Chairman (and including the Vice Chairman) shall be appointed by the Secretfiry, with the approval of the President, based upon reconmiendations of the Chairman. "(b) Members of the Board (other than the Chairman and any member of the Board who is a member of the Senior Executive Service) shall, in accord;ance with regulations prescribed by the Secretary, be paid basic pay at rates equivalent to the rates payable under section 5372 of title 5. (c)(1)(A) The Chairman shall establish a panel to review the Establishment. performance of members of the Board. The panel shall be comprised of the Chairman and two other members of the Board (other than the Vice Chairman). The Chairman shall periodically rotate membership on the panel so as to ensure tnat each member of the Board (other than the Vice Chairman) serves as a member of the panel for and within a reasonable period. "(B) Not less than one year after the job performance standards under subsection (f) are initiaUy established, and not less often than once every three years thereafter, the performance review panel shall determine, with respect to each member of the Board (other than the Chairman or a member who is a member of the Senior Executive Service), whether that member's job performance as a member of the Board meets the perfomiEUice stand£u*ds for a member of the Board established under subsection (f). Each such determination shall be in writing. "(2) If the determination of the performance review panel 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 Chairman shall recertify the member's appointment as a member of the Board. "(3) If the determination of the performance review panel in any case is that the member's job performance does not meet the perfommnce 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 member be noncertified. "(4) In the case of a member of the Board who is granted a conditional recertification under paragraph (3)(A) or (5)(A), the performance review panel shall review the member's job perform-
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