[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1587 Introduced in House (IH)]







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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Court of Appeals Act 
of 1995''.

SEC. 2. ESTABLISHMENT OF COURT OF APPEALS FOR THE SOCIAL SECURITY 
              CIRCUIT.

    (a) Number and Composition of Circuits.--Section 41 of title 28, 
United States Code, is amended--
            (1) by striking ``thirteen'' and inserting ``fourteen''; 
        and
            (2) by adding at the end of the table contained therein the 
        following:

          ``Social Security........
                                        All Federal judicial 
                                                districts.''.
    (b) Number and Residence of Circuit Judges.--(1) Section 44(a) of 
title 28, United States Code, is amended by adding at the end of the 
table contained therein the following:

          ``Social Security........
                                        5.''.
    (2) Section 44(c) of title 28, United States Code, is amended by 
adding at the end the following: ``While in active service, each 
circuit judge of the Social Security judicial circuit shall reside 
within fifty miles of the District of Columbia.''.
    (c) Terms of Court.--(1) Section 48(a) of title 28, United States 
Code, is amended by adding at the end of the table contained therein 
the following:

          ``Social Security........
                                        District of Columbia, and in 
                                                any other place listed 
                                                above as the court by 
                                                rule directs.''.
    (2) Section 48(d) of title 28, United States Code, is amended by 
inserting ``and of the Court of Appeals for the Social Security 
Circuit'' after ``Federal Circuit''.

SEC. 3. JURISDICTION.

    (a) Final Decisions of District Courts.--Section 1291 of title 28, 
United States Code, is amended--
            (1) in the first sentence by inserting ``and the United 
        States Court of Appeals for the Social Security Circuit'' after 
        ``Federal Circuit''; and
            (2) by adding at the end the following: ``The jurisdiction 
        of the United States Court of Appeals for the Social Security 
        Circuit shall be limited to the jurisdiction described in 
        subsections (b) and (e) of section 1292 and section 1296 of 
        this title.''.
    (b) Interlocutory Decisions.--Section 1292 of title 28, United 
States Code, is amended--
            (1) in subsection (a) in the matter preceding paragraph (1) 
        by striking ``and (d)'' and inserting ``, (d), and (e)'';
            (2) in subsection (e)--
                    (A) by redesignating such subsection as subsection 
                (f); and
                    (B) by striking ``or (d)'' and inserting ``(d), or 
                (e)''; and
            (3) by inserting after subsection (d) the following:
    ``(e) The United States Court of Appeals for the Social Security 
Circuit shall have exclusive jurisdiction of an appeal from an 
interlocutory order or decree described in subsection (a) of this 
section in any case over which the court would have jurisdiction of an 
appeal under section 1296 of this title.''.
    (c) Circuits in Which Decisions Are Reviewable.--Section 1294 of 
title 28, United States Code, is amended by striking ``and 1295'' and 
inserting ``1292(e), 1295, and 1296''.
    (d) General Jurisdiction.--(1) Chapter 83 of title 28, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1296. Jurisdiction of the United States Court of Appeals for the 
              Social Security Circuit
    ``The United States Court of Appeals for the Social Security 
Circuit shall have exclusive jurisdiction of an appeal from a final 
decision of a district court of the United States, the District Court 
of Guam, the District Court of the Virgin Islands, or the District 
Court for the Northern Mariana Islands, on a determination of the 
Commissioner of Social Security under title II or XVI of the Social 
Security Act that is subject to judicial review as provided in section 
205(g) of that Act.''.
    (2) The table of sections at the beginning of chapter 83 of title 
5, United States Code, is amended by adding at the end the following:

``1296. Jurisdiction of the United States Court of Appeals for the 
                            Social Security Circuit.''.
    (e) Amendment to the Social Security Act.--Section 205(g) of the 
Social Security Act (42 U.S.C. 405(g)) is amended by striking ``The 
judgment of the court shall be final except that it shall be subject to 
judicial review in the same manner as a judgment in other civil 
actions.'' and inserting ``The judgment of the court shall be final 
except that it may be appealed to the United States Court of Appeals 
for the Social Security Circuit under chapter 83 of title 28, United 
States Code.''.

SEC. 4. ADMINISTRATIVE MATTERS.

    (a) Judicial Discipline.--Section 372(c)(18) of title 28, United 
States Code, is amended by striking ``and the Court of Appeals for the 
Federal Circuit'' and inserting ``the Court of Appeals for the Federal 
Circuit, and the Court of Appeals for the Social Security Circuit''.
    (b) Official Duty Station.--Section 456(b) of title 28, United 
States Code, is amended by inserting ``the United States Court of 
Appeals for the Social Security Circuit,'' after ``Federal Circuit,''.
    (c) Court Accommodations.--Section 462(d) of title 28, United 
States Code, is amended by inserting ``, for the United States Court of 
Appeals for the Social Security Circuit,'' after ``Federal Circuit''.
    (d) Transmission of Petitions.--(1) Section 520 of title 28, United 
States Code, is amended--
            (A) in subsection (a) by striking ``Claims Court or in the 
        United States Court of Appeals for the Federal Circuit'' and 
        inserting ``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''; and
            (B) by amending the section heading to read as follows:
``Sec. 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''.
    (2) The item relating to section 520 in the table of sections at 
the beginning of chapter 31 of title 28, United 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.''.
    (e) Budget Estimates.--Section 605 of title 28, United States Code, 
is amended in the second undesignated paragraph--
            (1) by striking ``such court and'' and inserting ``such 
        court,''; and
            (2) by inserting before the period at the end the 
        following: ``, and the estimate with respect to the United 
        States Court of Appeals for the Social Security Circuit shall 
        be approved by such court''.

SEC. 5. OTHER CONFORMING AMENDMENTS.

    (a) Review of Agency Orders.--Section 2342 of title 28, United 
States Code, is amended by inserting ``and the United States Court of 
Appeals for the Social Security Circuit'' after ``Federal Circuit''.
    (b) Internal Revenue Code.--Section 7482(a)(1) of the Internal 
Revenue Code of 1986 (26 U.S.C. 7482(a)(1)) is amended by inserting 
``and the United States Court of Appeals for the Social Security 
Circuit'' after ``Federal Circuit''.

SEC. 6. EFFECTIVE DATE.

    (a) In General.--This Act and the amendments made by this Act shall 
take effect 180 days after the date of the enactment of this Act.
    (b) Applicability.--The amendments made by this Act shall apply 
with respect to any appeal of an interlocutory order or of a decision 
of a district court that is filed on or after the effective date of 
this Act.
                                 <all>