[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3212 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3212

To amend title 38, United States Code, to revise the provisions of law 
relating to retirement of judges of the United States Court of Veterans 
  Appeals, to provide for a staggered judicial retirement option, to 
  rename the Court as the United States Court of Appeals for Veterans 
                    Claims, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 1998

Mr. Stump (for himself and Mr. Evans) (both by request) introduced the 
   following bill; which was referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to revise the provisions of law 
relating to retirement of judges of the United States Court of Veterans 
  Appeals, to provide for a staggered judicial retirement option, to 
  rename the Court as the United States Court of Appeals for Veterans 
                    Claims, 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. SHORT TITLE; REFERENCES TO TITLE 38, UNITED STATES CODE.

    (a) Short Title.--This Act may be cited as the ``Court of Veterans 
Appeals Act of 1998''.
    (b) References to Title 38, United States Code.--Except as 
otherwise expressly provided, whenever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 38, United States Code.

        TITLE I--ADMINISTRATIVE PROVISIONS RELATING TO THE COURT

SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.

    Section 7254 is amended by adding at the end the following new 
subsection:
    ``(f) The Court may prescribe rules and regulations to carry out 
this chapter.''.

SEC. 102. CALCULATION OF YEARS OF SERVICE AS A JUDGE.

    Section 7296(b) is amended by adding at the end the following new 
paragraph:
    ``(4) For purposes of calculating the years of service of an 
individual under this subsection and subsection (c), only those years 
of service as a judge of the Court shall be credited. In determining 
the number of years of such service, that portion of the aggregate 
number of years of such service that is a fractional part of one year 
shall be disregarded if less than 6 months and shall be credited as a 
full year if 6 months or more.''.

SEC. 103. LIMITATION ON COST-OF-LIVING ADJUSTMENT TO RETIRED PAY.

    Section 7296 is amended by adding at the end the following new 
subsection:
    ``(l)(1) If a cost-of-living adjustment provided by law to be made 
to the retired pay payable under this section of a retired chief judge 
of the Court would (but for this subsection) result in the retired pay 
of that retired chief judge being in excess of the annual rate of pay 
in effect for the chief judge of the court as provided in section 
7253(e)(1) of this title, such adjustment may be made only in such 
amount as results in the retired pay of the retired chief judge being 
the same as that annual rate of pay (as in effect on the effective date 
of such adjustment).
    ``(2) If a cost-of-living adjustment provided by law to be made to 
the retired pay payable under this section of a retired judge (other 
than a retired chief judge) of the Court would (but for this 
subsection) result in the retired pay of that retired judge being in 
excess of the annual rate of pay in effect for judges of the court as 
provided in section 7253(e)(2) of this title, such adjustment may be 
made only in such amount as results in the retired pay of the retired 
judge being the same as that annual rate of pay (as in effect on the 
effective date of such adjustment).''.

SEC. 104. SURVIVOR ANNUITIES.

    (a) Election To Participate.--Subsection (b) of section 7297 is 
amended in the first sentence by inserting before the period the 
following: ``or within 6 months after the date on which the judge 
marries if the judge has retired under section 7296 of this title''.
    (b) Reduction of Contributions of Active Judges.--(1) Subsection 
(c) of such section is amended by striking out ``3.5 percent of the 
judge's pay'' and inserting in lieu thereof ``2.2 percent of the 
judge's salary received under section 7253(e) of this title, 3.5 
percent of the judge's retired pay received under section 7296 of this 
title when the judge is not serving in recall status under section 7257 
of this title, and 2.2 percent of the judge's retired pay received 
under such section 7296 when the judge is serving in recall status 
under such section 7257''.
    (2) The amendment made by paragraph (1) shall take effect on the 
first day of the first pay period beginning on or after January 1, 
1995.
    (c) Interest Payments.--Subsection (d) of such section is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) If a judge has previously performed a period of service as a 
judge, or has performed service as a judicial official (as defined 
under section 376(a)(1) of title 28), a Member of Congress, or a 
congressional employee, the interest required under the first sentence 
of paragraph (1) shall not be required for any period--
            ``(A) during which a judge was separated from all such 
        service; and
            ``(B) during which the judge was not receiving retired pay 
        or a retirement annuity based on service as a judge or as a 
        judicial official.''.
    (d) Service Eligibility.--(1) Subsection (f) of such section is 
amended--
            (A) in the matter in paragraph (1) preceding subparagraph 
        (A)--
                    (i) by striking out ``at least 5 years'' and 
                inserting in lieu thereof ``at least 18 months''; and
                    (ii) by striking out ``last 5 years'' and inserting 
                in lieu thereof ``last 18 months''; and
            (B) by adding at the end the following new paragraph:
    ``(5) If a judge dies as a result of an assassination and leaves a 
survivor or survivors who are entitled to receive annuity benefits 
under this section, the matter in paragraph (1) preceding subparagraph 
(A) shall not apply.''.
    (2) Subsection (a) of such section is amended--
            (A) in paragraph (2), by inserting ``who is in active 
        service or who has retired under section 7296 of this title'' 
        after ``Court'';
            (B) in paragraph (3), by striking ``7296(c)'' and inserting 
        ``7296''; and
            (C) by adding at the end the following new paragraph:
    ``(8) The term `assassination' means the killing of a judge that is 
motivated by the performance by that judge of the judge's official 
duties.''.
    (e) Age Requirement of Surviving Spouse.--Subparagraph (A) of 
subsection (f)(1) of such section is amended by striking out ``or 
following the surviving spouse's attainment of the age of 50 years, 
whichever is later''.
    (f) COLA for Survivor Annuities.--Subsection (o) of such section is 
amended to read as follows:
    ``(o) Each survivor annuity payable from the retirement fund shall 
be increased at the same time as, and by the same percentage by which, 
annuities payable from the Judicial Survivors' Annuities Fund are 
increased pursuant to section 376(m) of title 28.''.

SEC. 105. EXEMPTION OF RETIREMENT FUND FROM SEQUESTRATION ORDERS.

    Section 7298 is amended by adding at the end the following new 
subsection:
    ``(g) For purpose of section 255(g)(1)(B) of the Balanced Budget 
and Emergency Deficit Control Act of 1985 (2 U.S.C. 905(b)(1)(B)), the 
retirement fund shall be treated in the same manner as the Court of 
Federal Claims Judges' Retirement Fund.''.

SEC. 106. LIMITATION ON ACTIVITIES OF RETIRED JUDGES.

    (a) In General.--Chapter 72 is amended by adding at the end the 
following new section:
``Sec. 7299. Limitation on activities of retired judges
    ``If a retired judge of the Court (as defined in section 7257(a)(2) 
of this title) in the practice of law represents (or supervises or 
directs the representation of) a client in making any claim relating to 
veterans' benefits against the United States or any agency thereof, the 
retired judge shall forfeit all rights to retired pay under section 
7296 of this title or under chapter 83 or 84 of title 5 for the period 
beginning on the date on which the representation begins and ending one 
year after the date on which the representation ends.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 is amended by adding at the end the following new item:

    ``7299. Limitation on activities of retired judges.''.

          TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS

SEC. 201. STAGGERED RETIREMENT.

    (a) Retirement Authorized.--One eligible judge each year shall be 
eligible to retire under this section starting in the year 1999 and 
ending in the year 2003.
    (b) Eligible Judges.--
            (1) Definition of eligible judge.--For purposes of this 
        section, an eligible judge is an individual who--
                    (A) is an associate judge of the United States 
                Court of Appeals for Veterans Claims who has at least 
                10 years of service creditable under section 7296 of 
                title 38, United States Code;
                    (B) has made an election to receive retired pay 
                under section 7296 of such title;
                    (C) has at least 20 years of service allowable 
                under section 7297(l) of such title;
                    (D) is at least 55 years of age; and
                    (E) has years of age, years of service creditable 
                under section 7296 of such title, and years of service 
                allowable under section 7297(l) of such title not 
                creditable under section 7296 of such title, that total 
                at least 80.
            (2) Multiple eligible judges.--In the case of a year in 
        which more than one eligible judge provides notice in 
        accordance with subsection (c), the judge who is eligible to 
        retire in that year shall be the judge who has the greatest 
        seniority as a judge of the United States Court of Appeals for 
        Veterans Claims of the judges who provide such notice.
    (c) Notice.--A judge who desires to retire under subsection (d) 
shall provide the President and the chief judge of the United States 
Court of Appeals for Veterans Claims with written notice to that effect 
not later than April 1 of any year specified in subsection (a). Such 
notice shall specify the retirement date in accordance with subsection 
(d). Notice provided under this subsection shall be irrevocable.
    (d) Retirement.--A judge who is eligible to retire under subsection 
(a) shall retire during the fiscal year in which notice is provided 
pursuant to subsection (c), but not earlier than 90 days after the date 
on which such notice is provided. Such judge shall be deemed, for all 
purposes, to be retiring under section 7296(b)(1) of title 38, United 
States Code, except that the rate of retired pay for a judge retiring 
under this section shall, on the date of such judge's separation from 
service, be equal to the rate described in section 7296(c)(1) of such 
title multiplied by the percentage represented by the fraction in which 
the numerator is the sum of the number represented by years of service 
as a judge of the United States Court of Appeals for Veterans Claims 
creditable under section 7296 of such title and the age of such judge, 
and the denominator is 80.
    (e) Duty of Actuary.--Section 7298(e)(2) is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
    ``(C) For purposes of subparagraph (B) of this paragraph, the term 
`present value' includes a value determined by an actuary with respect 
to a payment that may be made under subsection (b) from the retirement 
fund within the contemplation of law.''.

SEC. 202. RECALL OF RETIRED JUDGES.

    (a) In General.--Chapter 72 is further amended by inserting after 
section 7256 the following new section:
``Sec. 7257. Recall of retired judges of the Court
    ``(a)(1) A retired judge of the Court may be recalled for further 
service on the Court in accordance with this section. To be eligible to 
be recalled for such service, a retired judge must provide to the chief 
judge of the Court notice in writing that the retired judge is 
available for such service and is willing to be recalled under this 
section.
    ``(2) For the purposes of this section, a retired judge is a judge 
of the Court of Veterans Appeals who retires from the Court under 
section 7296 of this title or under chapter 83 or 84 of title 5.
    ``(b) The chief judge may recall a retired judge upon written 
certification by the chief judge that substantial service is expected 
to be performed by the retired judge for such period as determined by 
the chief judge to be necessary to meet the needs of the Court. Any 
such recall may only be made with the agreement in writing of the 
retired judge.
    ``(c) A retired judge who is recalled under this section may 
exercise all of the powers and duties of the office of a judge in 
active service.
    ``(d) A retired judge who is recalled under this section shall be 
paid, during the period for which the judge serves in recall status, 
pay at the rate of pay in effect under section 7253(e) of this title 
for a judge performing active service, less the amount the judge is 
paid in retired pay under section 7296 of this title or an annuity 
under the applicable provisions of chapter 83 or 84 of title 5.
    ``(e) Except as provided in subsection (d), a judge who is recalled 
under this section who retired under the provisions of chapter 83 or 84 
of title 5 shall be considered to be a reemployed annuitant under that 
chapter.
    ``(f) Nothing in this section may be construed to affect the right 
of a judge who retired under chapter 83 or 84 of title 5 to serve as a 
reemployed annuitant in accordance with the provisions of title 5.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 72 is amended by inserting after the item relating to section 
7256 the following new item:

``7257. Recall of retired judges of the Court.''.

                      TITLE III--RENAMING OF COURT

SEC. 301. RENAMING OF THE COURT OF VETERANS APPEALS.

    (a) In General.--The United States Court of Veterans Appeals is 
hereby renamed as, and shall hereafter be known and designated as, the 
United States Court of Appeals for Veterans Claims.
    (b) Section 7251.--Section 7251 is amended by striking out ``United 
States Court of Veterans Appeals'' and inserting in lieu thereof 
``United States Court of Appeals for Veterans Claims''.

SEC. 302. CONFORMING AMENDMENTS.

    (a) Conforming Amendments to Title 38.--
            (1) The following sections are amended by striking out 
        ``Court of Veterans Appeals'' each place it appears and 
        inserting in lieu thereof ``Court of Appeals for Veterans 
        Claims'': sections 5904, 7101(b), 7252(a), 7253, 7254, 7255, 
        7256, 7261, 7262, 7263, 7264, 7266(a)(1), 7267(a), 7268(a), 
        7269, 7281(a), 7282(a), 7283, 7284, 7285(a), 7286, 7291, 7292, 
        7296, 7297, and 7298.
            (2)(A) The heading of section 7286 is amended to read as 
        follows:
``Sec. 7286. Judicial Conference of the Court''.
            (B) The heading of section 7291 is amended to read as 
        follows:
``Sec. 7291. Date when Court decision becomes final''.
            (C) The heading of section 7298 is amended to read as 
        follows:
``Sec. 7298. Retirement Fund''.
            (3) The table of sections at the beginning of chapter 72 is 
        amended as follows:
                    (A) The item relating to section 7286 is amended to 
                read as follows:

``7286. Judicial Conference of the Court.''.
                    (B) The item relating to section 7291 is amended to 
                read as follows:

``7291. Date when Court decision becomes final.''.
                    (C) The item relating to section 7298 is amended to 
                read as follows:

``7298. Retirement Fund.''.
            (4)(A) The heading of chapter 72 is amended to read as 
        follows:

  ``CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS''.

            (B) The item relating to chapter 72 in the table of 
        chapters at the beginning of title 38 and the item relating to 
        such chapter in the table of chapters at the beginning of part 
        V are amended to read as follows:

``72. United States Court of Appeals for Veterans Claims.......7251.''.
    (b) Conforming Amendments to Other Laws.--
            (1) The following provisions of law are amended by striking 
        out ``Court of Veterans Appeals'' each place it appears and 
        inserting in lieu thereof ``Court of Appeals for Veterans 
        Claims'':
                    (A) Section 8440d of title 5, United States Code.
                    (B) Section 2412 of title 28, United States Code.
                    (C) Section 906 of title 44, United States Code.
                    (D) Section 109 of the Ethics in Government Act of 
                1978 (5 U.S.C. App.).
            (2)(A) The heading of section 8440d of title 5, United 
        States Code, is amended to read as follows:
``Sec. 8440d. Judges of the United States Court of Appeals for Veterans 
              Claims''.
            (B) The item relating to such section in the table of 
        sections at the beginning of chapter 84 of such title is 
        amended to read as follows:

``8440d. Judges of the United States Court of Appeals for Veterans 
                            Claims.''.
    (c) Other Legal References.--Any reference in a law, regulation, 
document, paper, or other record of the United States to the United 
States Court of Veterans Appeals shall be deemed to be a reference to 
the United States Court of Appeals for Veterans Claims.
                                 <all>