Veterans' Judicial Review Amendments of 1991
PL 102-82 (H.R.153), enacted 08/06/1991

PUBLIC LAW 102-82—AUG. 6, 1991 
105 STAT. 375 
Public Law 102-82 
! 
102d Congress 
An Act 
To amend title 38, United States Code, to make miscellaneous administrative and 
. 
g .QQ, 
technical improvements in the operation of the United States Court of Veterans 
^' ' 
Appeals, and for other purposes. 
[H.R. 15d] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. PROCEDURES FOR DECISIONS OF THE COURT OF VETERANS 
APPEALS. 
Section 7267 of title 38, United States Code, is amended— 
(1) by striking out subsections (b) and (d); 
(2) by redesignating subsections (c) and (e) as subsections G)) 
and (c), respectively; and 
(3) by striking out "except as provided in subsection (d) of this 
section" in subsection (a). 
SEC. 2. JUDICIAL CONFERENCE. 
(a) IN GENERAL.—Subchapter III of chapter 72 of title 38, United 
States Code, is amended by adding at the end the following new 
section: 
"§7286. Judicial Conference of the Court of Veterans Appeals 
"The Chief Judge of the Court of Veterans Appeals may summon 
the judges of the Court to an annual judicial conference, at a time 
and place that the Chief Judge designates, for the purpose of 
considering the business of the Court and recommending means of 
improving the administration of justice within the Court's jurisdic-
tion. The Court shall provide by its rules for representation and 
active participation at such conference by persons admitted to prac-
tice before the Court and by other persons active in the legal 
profession.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of such chapter is amended by inserting after the item relating to 
section 7285 the following new item: 
"7286. Judicial Conference of the Court of Veterans Appeals.". 
SEC. 3. JUDICIAL DISCIPLINE. 
Section 7253 of title 38, United States Code, is amended by adding 
at the end the following new subsection: 
"(g) The Court shall prescribe rules, consistent with the provisions Regulations, 
of section 372(c) of title 28, establishing procedures for the filing of 
complaints with respect to the conduct of any judge of the Court and 
for the investigation and resolution of such complaints. In inves-
tigating and ts^ng action with respect to any such complaint, the 
Court shall have the powers granted to a judicial council under such 
section.". 
105 STAT. 376 
PUBLIC LAW 102-82—AUG. 6, 1991 
SEC. 4. RECUSAL OF JUDGES. 
Section 7264 of title 38, United States Code, is amended by adding 
at the end the following: 
"(c) Section 455 of title 28 sheill apply to judges and proceedings of 
the Court.". 
SEC. 5. PARTICIPATION OF JUDGES IN THE THRIFT SAVINGS PLAN. 
(a) IN GENERAL.—(1) Subchapter III of chapter 84 of title 5, United 
States Code, is amended by adding at the end the following new 
section: 
"§ 8440c. Judges of the United States Court of Veterans Appeals 
"(aXl) A judge of the United States Court of Veterans Appeals 
may elect to contribute to the Thrift Savings Fund. 
"(2) An election may be made under paragraph (1) only during a 
period provided under section 8432(b) of this title for individuals 
subject to chapter 84 of this title. 
"(bXD Except as otherwise provided in this subsection, the provi-
sions of this subchapter and subchapter VII of this chapter shall 
apply with respect to a judge meiking contributions to the Thrift 
Savings Fund. 
"(2) The amount contributed by a judge may not exceed 5 percent 
of the amount of the judge's basic pay. Basic pay does not include 
any retired pay paid pursuant to section 7296 of title 38. 
"(3) No contributions may be made for the benefit of a judge under 
section 8432(c) of this title. 
"(4) Section 8433(b) of this title applies with respect to a judge who 
elects to make contributions to the Thrift Savings Fund and retires 
under section 7296(b) of title 38. 
"(5) A transfer shall be made as provided in section 8433(d) of this 
title in the case of a judge who elects to make contributions to the 
Thrift Savings Fund and thereafter ceases to serve as a judge of the 
United States Court of Veterans Appeals but does not retire under 
section 7296(b) of title 38. 
"(6) The provisions of section 8351(b)(7) of this title shall apply 
with respect to a judge who has elected to contribute to the Thrift 
Savings Fund under this section.". 
(2) The table of sections at the beginning of such chapter is 
amended by inserting at the end of the items relating to the sections 
in subchapter III the following: 
"8440c. Judges of the United States Court of Veterans Appeals.". 
5 use 8440c 
(b) FIRST ELECTION.—A judge of the United States Court of Veter-
"°**- 
ans Appeals on the date of the enactment of this Act may make an 
election under section 8440c(a) of title 5, United States Code (as 
added by subsection (a)), within 60 days after the date of the 
enactment of this Act. 
(c) CONFORMING AMENDMENTS.—(1) Section 7296(fK2XA) of title 38, 
United States Code, is amended by inserting "except as authorized 
by section 8440c of title 5" before the semicolon at the end. 
(2) Section 7297(n) of title 38, United States Code, is amended by 
inserting before the period at the end of the first sentence the 
following: "except section 8440c of title 5". 
PUBLIC LAW 102-82—AUG. 6, 1991 
105 STAT. 377 
SEC. 6. DISTRIBUTION 
OF 
THE 
CONGRESSIONAL 
RECORD 
TO THE 
UNITED STATES COURT OF VETERANS APPEALS. 
Section 906 of title 44, United States Code, is amended by insert-
ing "the United States Court of Veterans Appeals," after "the Tax 
Court of the United States," both places it appears. 
SEC. 7. ACCEPTANCE OF VOLUNTARY SERVICES AND GIFTS BY THE 
UNITED STATES COURT OF VETERANS APPEALS. 
Section 7281 of title 38, United States Code, is amended by adding 
at the end the following new subsection: 
"(i) The Court may accept and utilize voluntary services and 
uncompensated (gratuitous) services, including services as au-
thorized by section 3102(b) of title 5 and may accept, hold, admin-
ister, and utilize gifts and bequests of personal property for the 
purposes of aiding or facilitating the work of the Court. Gifts or 
bequests of money to the Court shall be covered into the Treasury.". 
SEC. 8. TECHNICAL AMENDMENTS. 
Chapter 72 of title 38, United States Code, is amended— 
(1) in subsection (c) of section 7267 (as redesignated by section 
1), by striking out "Administrator of the National Archives and 
Records Administration" and inserting in lieu thereof "Ar-
chivist of the United States"; 
(2) in section 726803X2)— 
(A) by striking out "shall" and inserting in lieu thereof 
,1, "may, upon motion of the appellant or the Secretary,"; and 
(B) by striking out "before" and inserting in lieu thereof 
"or"; and 
(3) by redesignating the second subsection (d) of section 7254 
(authorizing judges of the Court to administer oaths) as subsec-
tion (e). 
Approved August 6,1991. 
LEGISLATIVE HISTORY—H.R. 153: 
CONGRESSIONAL RECORD, Vol. 137 (1991): 
Feb. 20, considered and passed House. 
July 16, considered and passed Senate, amended. 
July 24, House concurred in Senate amendments.