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[DOCID: f:s1089is.txt]






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.

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

SECTION 1. TEMPORARY EXPANSION OF UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS TO FACILITATE STAGGERED TERMS OF JUDGES.

    (a) In General.--(1) Section 7253 of title 38, United States Code, 
is amended by adding at the end the following new subsection:
    ``(h) Temporary Expansion of Court.--(1) Notwithstanding subsection 
(a) and subject to the provisions of this subsection, the authorized 
number of judges of the Court from the date of the enactment of this 
subsection until August 15, 2005, is nine judges.
    ``(2) Of the two additional judges authorized by this subsection--
            ``(A) not more than one judge may be appointed pursuant to 
        a nomination made in 2001 or 2002;
            ``(B) not more than one judge may be appointed pursuant to 
        a nomination made in 2003; and
            ``(C) if a judge is not appointed pursuant to a nomination 
        made in 2001 or 2002, a nomination made in 2003, or both, the 
        number of judges not appointed pursuant to either such 
        nomination, or both, may be appointed pursuant to a nomination 
        made in 2004, but only if such nomination is made before 
        September 30, 2004.
    ``(3) The term of office and eligibility for retirement of a judge 
appointed under this subsection, other than a judge described in 
paragraph (4), shall be governed by the provisions of section 1012 of 
the Court of Appeals for Veterans Claims Amendments of 1999 (title X of 
Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge 
is one of the first two judges appointed to the Court after November 
30, 1999.
    ``(4) A judge of the Court as of the date of the enactment of this 
subsection who was appointed before 1991 may accept appointment as a 
judge of the Court under this subsection notwithstanding that the term 
of office of the judge on the Court has not yet expired under this 
section.''.
    (2) No appointment may be made under section 7253 of title 38, 
United States Code, as amended by paragraph (1), if the appointment 
would provide for a number of judges (other than judges serving in 
recall status under section 7257 of title 38, United States Code) who 
could serve a complete term on the Court as of August 15, 2005, in 
excess of seven judges.
    (b) Stylistic Amendments.--That section is further amended--
            (1) in subsection (b), by inserting ``Appointment.--'' 
        before ``The judges'';
            (2) in subsection (c), by inserting ``Term of Office.--'' 
        before ``The terms'';
            (3) in subsection (f), by striking ``(f)(1)'' and inserting 
        ``(f) Removal.--(1)''; and
            (4) in subsection (g), by inserting ``Rules.--'' before 
        ``The Court''.

SEC. 2. REPEAL OF REQUIREMENT FOR WRITTEN NOTICE REGARDING ACCEPTANCE 
              OF REAPPOINTMENT AS CONDITION TO RETIREMENT FROM UNITED 
              STATES COURT OF APPEALS FOR VETERANS CLAIMS.

    Section 7296(b)(2) of title 38, United States Code, is amended by 
striking the second sentence.

SEC. 3. TERMINATION OF NOTICE OF DISAGREEMENT AS JURISDICTIONAL 
              REQUIREMENT FOR UNITED STATES COURT OF APPEALS FOR 
              VETERANS CLAIMS.

    (a) Termination.--Section 402 of the Veterans' Judicial Review Act 
(division A of Public Law 100-687; 102 Stat. 4122; 38 U.S.C. 7251 note) 
is repealed.
    (b) Attorney Fees.--Section 403 of the Veterans' Judicial Review 
Act (102 Stat. 4122; 38 U.S.C. 5904 note) is repealed.
    (c) Construction.--The repeal in subsection (a) may not be 
construed to confer upon the United States Court of Appeals for 
Veterans Claims jurisdiction over any appeal or other matter not within 
the jurisdiction of the Court as provided in section 7266(a) of title 
38, United States Code.
    (d) Applicability.--The repeals made by subsections (a) and (b) 
shall apply to--
            (1) any appeal filed with the United States Court of 
        Appeals for Veterans Claims on or after the date of the 
        enactment of this Act; and
            (2) any appeal pending before the Court on that date, other 
        than an appeal in which the Court has made a final disposition 
        under section 7267 of title 38, United States Code, even though 
        such appeal is not yet final under section 7291(a) of title 38, 
        United States Code.
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