[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 988 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 988

  To amend chapter 72 of title 38, United States Code, to reform the 
 retirement provisions relating to the Court's judicial component, to 
 provide for a staggered judicial retirement option to avoid the large 
  case backlog increase that would arise in the event of simultaneous 
   judicial vacancies, to rename the United States Court of Veterans 
Appeals as the United States Court of Appeals for Veterans Claims, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              July 7, 1997

Mr. Specter (by request) introduced the following bill; which was read 
        twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend chapter 72 of title 38, United States Code, to reform the 
 retirement provisions relating to the Court's judicial component, to 
 provide for a staggered judicial retirement option to avoid the large 
  case backlog increase that would arise in the event of simultaneous 
   judicial vacancies, to rename the United States Court of Veterans 
Appeals 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.

    This Act may be cited as the ``Court of Veterans Appeals Amendments 
of 1997''.

                         TITLE I--COMPARABILITY

SEC. 101. AUTHORITY TO PRESCRIBE RULES AND REGULATIONS.

    Section 7254 of title 38, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(f) The Court shall have the authority to prescribe rules and 
regulations that are necessary or appropriate to carry out the 
provisions of subchapters III and V of chapter 72 of this title and 
that are consistent with such chapter and any other applicable 
provision of law.''.

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

    Section 7296(b) of title 38, United States Code, is amended by 
adding at the end thereof 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, and that portion 
of the aggregate number of years of such service that is a fractional 
part of 1 year shall not be credited if it is less than 6 months, and 
shall be credited if it is 6 months or more.''.

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

    Section 7296 of title 38, United States Code, is amended by adding 
at the end thereof the following new subsection:
    ``(l) Notwithstanding any other provision of law, cost-of-living 
adjustments made or accruing to any retired pay that is paid under this 
section shall not result in such retired pay exceeding the rate of pay 
in effect under section 7253(e) of this title for a judge performing 
active service.''.

SEC. 104. SURVIVOR ANNUITIES.

    (a) Election To Participate.--Section 7297(b) of title 38, United 
States Code, is amended in the first sentence by inserting before the 
period ``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) Section 
7297(c) of title 38, United States Code, 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 this subsection shall take effect on the 
first day of the first pay period beginning on or after January 1, 
1995.
    (c) Interest Payments.--Section 7297(d) of title 38, United States 
Code, is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end thereof 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) Section 7297(f) of title 38, United 
States Code, is amended--
            (A) in paragraph (1) in the matter 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 thereof 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) Section 7297(a) of title 38, United States Code, is 
        amended--
                    (A) by inserting ``who is in active service or who 
                has retired under section 7296 of this title'' after 
                ``Court'' in paragraph (2);
                    (B) by striking ``(c)'' in paragraph (3);
                    (C) by redesignating paragraphs (1) through (3) as 
                paragraphs (2) through (4), respectively; and
                    (D) by inserting before paragraph (2) (as 
                redesignated by clause (C) of this paragraph) the 
                following new paragraph:
    ``(1) 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.--Section 7297(f)(1)(A) of 
title 38, United States Code, is further 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.--Section 7297(o) of title 38, 
United States Code, 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 of title 38, United States Code, 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. Sec. 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 of title 38, United States Code (as 
amended by this Act), is further amended by adding at the end thereof 
the following new section:
``Sec. 7299. Limitation on activities of retired judges
    ``Any judge of the Court of Appeals for Veterans Claims who retires 
from the Court under section 7296 of this title or under chapter 83 or 
84 of title 5 and who thereafter in the practice of law represents (or 
supervises or directs the representation of) a client in making any 
civil claim relating to veterans' benefits against the United States or 
any agency thereof shall forfeit all rights to retired pay under such 
provisions for any period during which the judge engages in any such 
activity and for one year immediately following the cessation of such 
activity.''
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 72 of title 38, United States Code, is amended by adding at the 
end thereof the following:

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

          TITLE II--STAGGERED RETIREMENT AND RECALL PROVISIONS

SEC. 201. STAGGERED RETIREMENT.

    (a) Eligibility.--One individual each year shall be eligible to 
retire under this section starting in the year 1999 and ending in the 
year 2003. An individual is eligible to retire under this section, if 
the individual, at the time of retirement,
            (1) is an associate judge of the United States Court of 
        Appeals for Veterans Claims (as renamed by title III of this 
        Act) who has at least 10 years of service creditable under 
        section 7296 of title 38, United States Code;
            (2) has made an election to receive retired pay under 
        section 7296 of such title;
            (3) has at least 20 years of service allowable under 
        section 7297(l) of such title;
            (4) is at least fifty-five years of age;
            (5) 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; and
            (6) has the greatest seniority as a judge of the United 
        States Court of Appeals for Veterans Claims (as renamed by 
        Title III of this Act) of the judges who provide notification 
        in accordance with subsection (b).
    (b) Notification.--A judge who desires to retire under subsection 
(c) shall provide the President of the United States and the chief 
judge of the United States Court of Appeals for Veterans Claims (as 
renamed by Title III of this Act) with written notification to that 
effect not later than April 1 of any year specified in subsection (a). 
Such notification shall specify the retirement date in accordance with 
subsection (c). Notification provided under this subsection shall be 
irrevocable.
    (c) Retirement.--A judge who is eligible to retire under subsection 
(a) shall retire during the fiscal year in which notification is 
provided pursuant to subsection (b), but, in no event, earlier than 90 
days after such notification is provided. Notwithstanding any other 
provision of law, 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 (as 
renamed by Title III of this Act) creditable under section 7296 of such 
title and the age of such judge, and the denominator is 80.
    (d) Duty of Actuary.--Section 7298(e)(2) of title 38, United States 
Code, is amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by adding the following new subparagraph:
                    ``(C) For purposes of subparagraph (B) of this 
                paragraph, notwithstanding any other provision of law, 
                `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 of title 38, United States Code (as 
amended by section 102 of this Act), is further amended by inserting 
after section 7256 the following new section:
``Sec. 7257. Recall of retired judges of the Court of Appeals for 
              Veterans Claims
    ``(a) A judge of the Court of Appeals for Veterans Claims who has 
retired from the Court under the provisions of section 7296 of this 
title or the provisions of chapter 83 or 84 of title 5 shall be 
eligible for recall upon providing the chief judge of the Court of 
Appeals for Veterans Claims with written notification to that effect. 
In the event of a vacancy in the position of associate judge of the 
Court or otherwise as necessary to meet anticipated case workload, the 
chief judge may recall such a judge upon written certification by the 
chief judge that substantial service is expected to be performed by the 
eligible judge for such period as determined by the chief judge to be 
necessary to meet the needs of the Court, and to which certification 
the eligible judge agrees in writing.
    ``(b) A judge recalled under this section may exercise all of the 
powers and duties of the office of a judge in active service.
    ``(c) A judge recalled under this section shall be paid pay, during 
the period for which the judge serves in recall status, 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.
    ``(d) Except as provided in subsection (c), a judge recalled under 
this section who retired under the applicable provisions of title 5 
shall be considered to be a reemployed annuitant under chapter 83 or 
84, as applicable, of title 5.
    ``(e) Nothing in this section shall affect the right of a judge who 
retired under the provisions of chapter 83 or 84 of title 5 to serve 
otherwise as a reemployed annuitant in accordance with the provisions 
of title 5.''
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 72 of title 38, United States Code (as amended by section 
106(b) of this Act), is further amended by inserting after the item 
relating to section 7256 the following:

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

                     TITLE III--RENAMING PROVISIONS

SEC. 300. REFERENCES TO TITLE 38, UNITED STATES CODE.

    Except as otherwise expressly provided, whenever in section 301 an 
amendment or repeal is expressed in terms of an amendment, 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.

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

    (a) In General.--The United States Court of Veterans Appeals shall 
hereafter be known and designated as the United States Court of Appeals 
for Veterans Claims.
    (2) 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''.
    (b) Conforming Amendments.--
            (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)(i) The heading of section 7286 is amended to read as 
        follows:
``Sec. 7286. Judicial Conference of the Court of Appeals for Veterans 
              Claims''.
            (ii) The item relating to section 7286 in the table of 
        sections at the beginning of chapter 72 (as amended by sections 
        106(b) and 202(b) of this Act) is further amended to read as 
        follows:

``7286. Judicial Conference of the Court of Appeals for Veterans 
                            Claims.''.
            (B)(i) The heading of section 7291 is amended to read as 
        follows:
``Sec. 7291. Date when Court of Appeals for Veterans Claims decision 
              becomes final''.
            (ii) The item relating to section 7291 in the table of 
        sections at the beginning of chapter 72 (as amended by sections 
        106(b), 202(b), and subsection (b)(2)(A)(ii) of this section) 
        is further amended to read as follows:

``7291. Date when Court of Appeals for Veterans Claims decision becomes 
                            final.''.
            (C)(i) The heading of section 7298 is amended to read as 
        follows:
``Sec. 7298. Court of Appeals for Veterans Claims Retirement Fund''.
            (ii) The item relating to section 7298 in the table of 
        sections at the beginning of chapter 72 (as amended by sections 
        106(b), 202(b), and subsection (b)(2)(A)(ii) and (B)(ii) of 
        this section) is further amended to read as follows:

``7298. Court of Appeals for Veterans Claims Retirement Fund.''.
            (3) 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.''.
    (c) 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.''.
    (d) 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>