APPOINTMENT AND REMOVAL OF THE CHAIRMAN AND MEMBERS.

SEC. 201. APPOINTMENT AND REMOVAL OF THE CHAIRMAN AND MEMBERS. (a) In General.—Subsection (b) of section 4001 is amended to read as follows: “(b)(1) The Chairman shall be appointed by the President, by and with the advice and consent of the Senate, for a term of six years. 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. “(2)(A) The other members of the Board (including the Vice Chairman) shall be appointed by the Administrator, with the approval of the President, based upon recommendations of the Chairman. Each such member shall be appointed for a term of nine years. “(B) A member of the Board (other than the Chairman) may be removed by the Administrator upon the recommendation of the Chairman. In the case of a removal that would be covered by section 7521 of title 5 in the case of an administrative law judge, a removal of a member of the Board under this paragraph 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 subparagraph. In such a removal action, a member shall have the rights set out in section 7513(b) of such title. “(3) Members (including the Chairman) may be appointed under this subsection to more than one term. “(4) The Administrator shall designate one member of the Board as Vice Chairman. The Vice Chairman shall perform such functions as the Chairman may specify. Such member shall serve as Vice Chairman at the pleasure of the Administrator.”. (b) Salary of Chairman.—(1) Section 5315 of title 5, United States Code, is amended by adding at the end the following: “Chairman, Board of Veterans’ Appeals.”. (2) The amendment made by paragraph (1) shall take effect when the President first appoints an individual as Chairman of the Board of Veterans’ Appeals under section 4001(b)(1) of title 38, United States Code (as amended by subsection (a)). (c) Transition to New Board.—(1) Appointments of members of the Board of Veterans’ Appeals under subsection (b)(2) of section 102 STAT. 4110 4001 of title 38, United States Code (as amended by subsection (a)), may not be made until a Chairman is appointed under subsection (b)(1) of that section. (2) An individual who is serving as a member of the Board on the date of the enactment of this Act may continue to serve as a member until the earlier of— (A) the date on which the individual’s successor (as designated by the Administrator) is appointed under subsection (b)(2) of that section, or (B) the end of the 180-day period beginning on the day after the date on which the Chairman is appointed under subsection (b)(1) of such section. (d) Initial Terms of Office.—Notwithstanding the second sentence of section 4001(b)(2) of title 38, United States Code (as amended by subsection (a)), specifying the term for which members of the Board of Veterans’ Appeals shall be appointed, of the members first appointed under that section— (A) 22 shall be appointed for a term of three years; (B) 22 shall be appointed for a term of six years; and (C) 22 shall be appointed for a term of nine years, as determined by the Administrator at the time of the initial appointments.