I

104TH CONGRESS

1ST SESSION H. R. 1587

To amend title 28, United States Code, and the Social Security Act with

respect to the establishment and jurisdiction of a United States Court

of Appeals for the Social Security Circuit.

IN THE HOUSE OF REPRESENTATIVES

MAY 9, 1995

Mr. JACOBS introduced the following bill; which was referred to the Committee

on the Judiciary, and in addition to the Committee on Ways and Means,

for a period to be subsequently determined by the Speaker, in each case

for consideration of such provisions as fall within the jurisdiction of the

committee concerned

A BILL

To amend title 28, United States Code, and the Social Security Act with respect to the establishment and jurisdiction of a United States Court of Appeals for the Social

Security Circuit.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Social Security Court

5 of Appeals Act of 1995’’.
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1 SEC. 2. ESTABLISHMENT OF COURT OF APPEALS FOR THE

2 SOCIAL SECURITY CIRCUIT.

3 (a) NUMBER AND COMPOSITION OF CIRCUITS.—Sec4 tion 41 of title 28, United States Code, is amended—

5 (1) by striking ‘‘thirteen’’ and inserting ‘‘four6 teen’’; and

7 (2) by adding at the end of the table contained

8 therein the following:

‘‘Social Security ................. All Federal judicial districts.’’.

9 (b) NUMBER AND RESIDENCE OF CIRCUIT

10 JUDGES.—(1) Section 44(a) of title 28, United States

11 Code, is amended by adding at the end of the table con12 tained therein the following:

‘‘Social Security ................. 5.’’.

13 (2) Section 44(c) of title 28, United States Code, is

14 amended by adding at the end the following: ‘‘While in

15 active service, each circuit judge of the Social Security ju16 dicial circuit shall reside within fifty miles of the District

17 of Columbia.’’.

18 (c) TERMS OF COURT.—(1) Section 48(a) of title 28,

19 United States Code, is amended by adding at the end of

20 the table contained therein the following:

‘‘Social Security ................. District of Columbia, and in any

other place listed above as the

court by rule directs.’’.
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1 (2) Section 48(d) of title 28, United States Code, is

2 amended by inserting ‘‘and of the Court of Appeals for

3 the Social Security Circuit’’ after ‘‘Federal Circuit’’.

4 SEC. 3. JURISDICTION.

5 (a) FINAL DECISIONS OF DISTRICT COURTS.—Sec6 tion 1291 of title 28, United States Code, is amended—

7 (1) in the first sentence by inserting ‘‘and the

8 United States Court of Appeals for the Social Secu9 rity Circuit’’ after ‘‘Federal Circuit’’; and

10 (2) by adding at the end the following: ‘‘The ju11 risdiction of the United States Court of Appeals for

12 the Social Security Circuit shall be limited to the ju13 risdiction described in subsections (b) and (e) of sec14 tion 1292 and section 1296 of this title.’’.

15 (b) INTERLOCUTORY DECISIONS.—Section 1292 of

16 title 28, United States Code, is amended—

17 (1) in subsection (a) in the matter preceding

18 paragraph (1) by striking ‘‘and (d)’’ and inserting

19 ‘‘, (d), and (e)’’;

20 (2) in subsection (e)—

21 (A) by redesignating such subsection as

22 subsection (f); and

23 (B) by striking ‘‘or (d)’’ and inserting

24 ‘‘(d), or (e)’’; and
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1 (3) by inserting after subsection (d) the follow2 ing:

3 ‘‘(e) The United States Court of Appeals for the So4 cial Security Circuit shall have exclusive jurisdiction of an

5 appeal from an interlocutory order or decree described in

6 subsection (a) of this section in any case over which the

7 court would have jurisdiction of an appeal under section

8 1296 of this title.’’.

9 (c) CIRCUITS IN WHICH DECISIONS ARE

10 REVIEWABLE.—Section 1294 of title 28, United States

11 Code, is amended by striking ‘‘and 1295’’ and inserting

12 ‘‘1292(e), 1295, and 1296’’.

13 (d) GENERAL JURISDICTION.—(1) Chapter 83 of title

14 28, United States Code, is amended by adding at the end

15 the following new section:

16 ‘‘§ 1296. Jurisdiction of the United States Court of Ap17 peals for the Social Security Circuit

18 ‘‘The United States Court of Appeals for the Social

19 Security Circuit shall have exclusive jurisdiction of an ap20 peal from a final decision of a district court of the United

21 States, the District Court of Guam, the District Court of

22 the Virgin Islands, or the District Court for the Northern

23 Mariana Islands, on a determination of the Commissioner

24 of Social Security under title II or XVI of the Social Secu-
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1 rity Act that is subject to judicial review as provided in

2 section 205(g) of that Act.’’.

3 (2) The table of sections at the beginning of chapter

4 83 of title 5, United States Code, is amended by adding

5 at the end the following:

‘‘1296. Jurisdiction of the United States Court of Appeals for the Social Security Circuit.’’.

6 (e) AMENDMENT TO THE SOCIAL SECURITY ACT.—

7 Section 205(g) of the Social Security Act (42 U.S.C.

8 405(g)) is amended by striking ‘‘The judgment of the

9 court shall be final except that it shall be subject to judi10 cial review in the same manner as a judgment in other

11 civil actions.’’ and inserting ‘‘The judgment of the court

12 shall be final except that it may be appealed to the United

13 States Court of Appeals for the Social Security Circuit

14 under chapter 83 of title 28, United States Code.’’.

15 SEC. 4. ADMINISTRATIVE MATTERS.

16 (a) JUDICIAL DISCIPLINE.—Section 372(c)(18) of

17 title 28, United States Code, is amended by striking ‘‘and

18 the Court of Appeals for the Federal Circuit’’ and insert19 ing ‘‘the Court of Appeals for the Federal Circuit, and

20 the Court of Appeals for the Social Security Circuit’’.

21 (b) OFFICIAL DUTY STATION.—Section 456(b) of

22 title 28, United States Code, is amended by inserting ‘‘the

23 United States Court of Appeals for the Social Security

24 Circuit,’’ after ‘‘Federal Circuit,’’.
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1 (c) COURT ACCOMMODATIONS.—Section 462(d) of

2 title 28, United States Code, is amended by inserting ‘‘,

3 for the United States Court of Appeals for the Social Se4 curity Circuit,’’ after ‘‘Federal Circuit’’.

5 (d) TRANSMISSION OF PETITIONS.—(1) Section 520

6 of title 28, United States Code, is amended—

7 (A) in subsection (a) by striking ‘‘Claims Court

8 or in the United States Court of Appeals for the

9 Federal Circuit’’ and inserting ‘‘Court of Federal

10 Claims, in the United States Court of Appeals for

11 the Federal Circuit, or in the United States Court

12 of Appeals for the Social Security Circuit’’; and

13 (B) by amending the section heading to read as

14 follows:

15 ‘‘§ 520. Transmission of petitions in United States

16 Court of Federal Claims, in the United

17 States Court of Appeals for the Federal

18 Circuit, or in the United States Court of

19 Appeals for the Social Security Circuit;

20 statement furnished by departments’’.

21 (2) The item relating to section 520 in the table of

22 sections at the beginning of chapter 31 of title 28, United

23 States Code, is amended to read as follows:

‘‘520. Transmission of petitions in United States Court of Federal Claims, in

the United States Court of Appeals for the Federal Circuit, or

in the United States Court of Appeals for the Social Security

Circuit; statement furnished by departments.’’.
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1 (e) BUDGET ESTIMATES.—Section 605 of title 28,

2 United States Code, is amended in the second undesig3 nated paragraph—

4 (1) by striking ‘‘such court and’’ and inserting

5 ‘‘such court,’’; and

6 (2) by inserting before the period at the end the

7 following: ‘‘, and the estimate with respect to the

8 United States Court of Appeals for the Social Secu9 rity Circuit shall be approved by such court’’.

10 SEC. 5. OTHER CONFORMING AMENDMENTS.

11 (a) REVIEW OF AGENCY ORDERS.—Section 2342 of

12 title 28, United States Code, is amended by inserting ‘‘and

13 the United States Court of Appeals for the Social Security

14 Circuit’’ after ‘‘Federal Circuit’’.

15 (b) INTERNAL REVENUE CODE.—Section 7482(a)(1)

16 of the Internal Revenue Code of 1986 (26 U.S.C.

17 7482(a)(1)) is amended by inserting ‘‘and the United

18 States Court of Appeals for the Social Security Circuit’’

19 after ‘‘Federal Circuit’’.

20 SEC. 6. EFFECTIVE DATE.

21 (a) IN GENERAL.—This Act and the amendments

22 made by this Act shall take effect 180 days after the date

23 of the enactment of this Act.

24 (b) APPLICABILITY.—The amendments made by this

25 Act shall apply with respect to any appeal of an interlocu-
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1 tory order or of a decision of a district court that is filed

2 on or after the effective date of this Act.

Æ