II

107TH CONGRESS

1ST SESSION S. 1089

To amend section 7253 of title 38, United States Code, to expand temporarily

the United States Court of Appeals for Veterans Claims in order to

further facilitate staggered terms for judges on that court, and for

other purposes.

IN THE SENATE OF THE UNITED STATES

JUNE 22, 2001

Mr. ROCKEFELLER introduced the following bill; which was read twice and

referred to the Committee on Veterans’ Affairs

A BILL

To amend section 7253 of title 38, United States Code,

to expand temporarily the United States Court of Appeals for Veterans Claims in order to further facilitate

staggered terms for judges on that court, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•S 1089 IS

1 SECTION 1. TEMPORARY EXPANSION OF UNITED STATES

2 COURT OF APPEALS FOR VETERANS CLAIMS

3 TO FACILITATE STAGGERED TERMS OF

4 JUDGES.

5 (a) IN GENERAL.—(1) Section 7253 of title 38,

6 United States Code, is amended by adding at the end the

7 following new subsection:

8 ‘‘(h) TEMPORARY EXPANSION OF COURT.—(1) Not9 withstanding subsection (a) and subject to the provisions

10 of this subsection, the authorized number of judges of the

11 Court from the date of the enactment of this subsection

12 until August 15, 2005, is nine judges.

13 ‘‘(2) Of the two additional judges authorized by this

14 subsection—

15 ‘‘(A) not more than one judge may be ap16 pointed pursuant to a nomination made in 2001 or

17 2002;

18 ‘‘(B) not more than one judge may be ap19 pointed pursuant to a nomination made in 2003;

20 and

21 ‘‘(C) if a judge is not appointed pursuant to a

22 nomination made in 2001 or 2002, a nomination

23 made in 2003, or both, the number of judges not ap24 pointed pursuant to either such nomination, or both,

25 may be appointed pursuant to a nomination made in
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•S 1089 IS

1 2004, but only if such nomination is made before

2 September 30, 2004.

3 ‘‘(3) The term of office and eligibility for retirement

4 of a judge appointed under this subsection, other than a

5 judge described in paragraph (4), shall be governed by the

6 provisions of section 1012 of the Court of Appeals for Vet7 erans Claims Amendments of 1999 (title X of Public Law

8 106–117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the

9 judge is one of the first two judges appointed to the Court

10 after November 30, 1999.

11 ‘‘(4) A judge of the Court as of the date of the enact12 ment of this subsection who was appointed before 1991

13 may accept appointment as a judge of the Court under

14 this subsection notwithstanding that the term of office of

15 the judge on the Court has not yet expired under this sec16 tion.’’.

17 (2) No appointment may be made under section 7253

18 of title 38, United States Code, as amended by paragraph

19 (1), if the appointment would provide for a number of

20 judges (other than judges serving in recall status under

21 section 7257 of title 38, United States Code) who could

22 serve a complete term on the Court as of August 15, 2005,

23 in excess of seven judges.

24 (b) STYLISTIC AMENDMENTS.—That section is fur25 ther amended—
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•S 1089 IS

1 (1) in subsection (b), by inserting ‘‘APPOINT2 MENT.—’’ before ‘‘The judges’’;

3 (2) in subsection (c), by inserting ‘‘TERM OF

4 OFFICE.—’’ before ‘‘The terms’’;

5 (3) in subsection (f), by striking ‘‘(f)(1)’’ and

6 inserting ‘‘(f) REMOVAL.—(1)’’; and

7 (4) in subsection (g), by inserting ‘‘RULES.—’’

8 before ‘‘The Court’’.

9 SEC. 2. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE

10 REGARDING ACCEPTANCE OF REAPPOINT11 MENT AS CONDITION TO RETIREMENT FROM

12 UNITED STATES COURT OF APPEALS FOR

13 VETERANS CLAIMS.

14 Section 7296(b)(2) of title 38, United States Code,

15 is amended by striking the second sentence.

16 SEC. 3. TERMINATION OF NOTICE OF DISAGREEMENT AS

17 JURISDICTIONAL REQUIREMENT FOR

18 UNITED STATES COURT OF APPEALS FOR

19 VETERANS CLAIMS.

20 (a) TERMINATION.—Section 402 of the Veterans’ Ju21 dicial Review Act (division A of Public Law 100–687; 102

22 Stat. 4122; 38 U.S.C. 7251 note) is repealed.

23 (b) ATTORNEY FEES.—Section 403 of the Veterans’

24 Judicial Review Act (102 Stat. 4122; 38 U.S.C. 5904

25 note) is repealed.
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•S 1089 IS

1 (c) CONSTRUCTION.—The repeal in subsection (a)

2 may not be construed to confer upon the United States

3 Court of Appeals for Veterans Claims jurisdiction over any

4 appeal or other matter not within the jurisdiction of the

5 Court as provided in section 7266(a) of title 38, United

6 States Code.

7 (d) APPLICABILITY.—The repeals made by sub8 sections (a) and (b) shall apply to—

9 (1) any appeal filed with the United States

10 Court of Appeals for Veterans Claims on or after the

11 date of the enactment of this Act; and

12 (2) any appeal pending before the Court on

13 that date, other than an appeal in which the Court

14 has made a final disposition under section 7267 of

15 title 38, United States Code, even though such ap16 peal is not yet final under section 7291(a) of title

17 38, United States Code.

Æ