II 110th CONGRESS 1st Session S. 1289 IN THE SENATE OF THE UNITED STATES May 3, 2007 Mr. Craig introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to modify the salary and terms of judges of the United States Court of Appeals for Veterans Claims, to modify authorities for the recall of retired judges of such court, and for other purposes.

1.

Short title

This Act may be cited as the Veterans' Justice Assurance Act of 2007.

2.

Repeal of term limits for judges of the United States Court of Appeals for Veterans Claims

(a)

In general

Section 7253(c) of title 38, United States Code, is amended to read as follows: (c)

Term of Office

(1)Except as provided in paragraph (2), judges of the Court shall hold office during good behavior. (2)In the case of an individual who is serving a term of office as a judge of the Court on the date of the enactment of the Veterans' Justice Assurance Act of 2007, such term shall be 15 years. A judge who is nominated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending. . (b)

Conforming amendment

Section 7296(b)(2) of such title is amended by striking A judge who and inserting A judge who was appointed before the date of the enactment of the Veterans' Justice Assurance Act of 2007 and who.

3.

Increased salary for chief judge of United States Court of Appeals for Veterans Claims

Section 7253(e) of title 38, United States Code, is amended— (1)by inserting (1) before Each judge; and (2)by adding at the end the following new paragraph: (2)The annual salary rate under paragraph (1) for a judge shall be increased by $7,000 during any period that such judge is serving as chief judge of the Court. .

4.

Provisions relating to recall of retired judges of the United States Court of Appeals for Veterans Claims

(a)

Elimination of limit on service of retired judges who voluntarily serve more than 90 days

Section 7257(b)(2) of title 38, United States Code, is amended by striking or for more than a total of 180 days (or the equivalent) during any calendar year. (b)

New judges recalled after retirement receive pay of current judges only during periods of recall

(1)

In general

Section 7296(c) of such title is amended by striking paragraph (1) and inserting the following: (1)(A)Except as provided in subparagraph (B), in the case of a judge who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired pay under this subsection, the retired pay of the judge shall (except as provided in paragraph (2) of this subsection and section 7257(d)(2) of this title) be the rate of pay applicable to that judge at the time of retirement (disregarding any increase in salary provided in accordance with section 7253(e)(2) of this title). (B)A judge who was appointed before the date of the enactment of the Veterans' Justice Assurance Act of 2007 and who retires under subsection (b) of this section and elects under subsection (d) of this section to receive retired pay under this subsection shall (except as provided in paragraph (2) of this subsection) receive retired pay as follows: (i)In the case of a judge who is a recall-eligible retired judge under section 7257 of this title or who was a recall-eligible retired judge under that section and was removed from recall status under subsection (b)(4) of that section by reason of disability, the retired pay of the judge shall be the pay of a judge of the court. (ii)In the case of a judge who at the time of retirement did not provide notice under section 7257 of this title of availability for service in a recalled status, the retired pay of the judge shall be the rate of pay applicable to that judge at the time of retirement. (iii)In the case of a judge who was a recall-eligible retired judge under section 7257 of this title and was removed from recall status under subsection (b)(3) of that section, the retired pay of the judge shall be the pay of the judge at the time of the removal from recall status. . (2)

Pay during period of recall

Section 7257(d) of such title is amended to read as follows: (d)(1)The pay of a recall-eligible retired judge to whom section 7296(c)(1)(B) of this title applies is the pay specified in that section. (2)A judge who is recalled under this section who retired under chapter 83 or 84 of title 5 or to whom section 7296(c)(1)(A) of this title applies 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 of the judge's annuity under the applicable provisions of chapter 83 or 84 of title 5 or the judge's annuity under section 7296(c)(1)(A) of this title, whichever is applicable. . (3)

Notice

The last sentence of section 7257(a)(1) of such title is amended to read as follows: Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable.. (c)

Limitation on involuntary recalls

Section 7257(b)(3) of such title is amended by adding at the end the following new sentence: “This paragraph shall not apply to— (A)a judge to whom section 7296(c)(1)(A) of this title applies; or (B)a judge to whom section 7296(c)(1)(B) of this title applies and who has, in the aggregate, served at least five years (or the equivalent) of recalled service on the Court under this section. . (d)

Establishment of caseload thresholds for determining when To recall retired judges

Section 7257(b) of such title is amended by adding at the end the following new paragraph: (5)For purposes of paragraph (1), the chief judge shall establish guidelines for determining whether recall-eligible retired judges should be recalled on either a voluntary or involuntary basis, taking into account such factors as the number of active judges, temporary or prolonged increases or decreases in caseload, and the complexity of the caseload. In establishing such guidelines, the chief judge shall, to the extent practicable, consult with the following: (A)Organizations recognized by the Secretary for the representation of veterans under section 5902 of this title. (B)The bar association of the Court. (C)The Secretary. (D)Such persons or entities the chief judge considers appropriate. .

5.

Additional discretion in imposition of practice and registration fees

Section 7285(a) of title 38, United States Code, is amended— (1)in the first sentence, by inserting reasonable after impose a; (2)in the second sentence, by striking , except that such amount may not exceed $30 per year; and (3)in the third sentence, by inserting reasonable after impose a.

6.

Annual reports on workload of United States Court of Appeals for Veterans Claims

(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:

7288.

Annual report

(a)

In general

The chief judge of the Court shall submit annually to the appropriate committees of Congress a report summarizing the workload of the Court for the last fiscal year that ended before the submission of such report. Such report shall include, with respect to such fiscal year, the following information: (1)The number of appeals filed. (2)The number of petitions filed. (3)The number of applications filed under section 2412 of title 28. (4)The number and type of dispositions. (5)The median time from filing to disposition. (6)The number of oral arguments. (7)The number and status of pending appeals and petitions and of applications described in paragraph (3). (8)A summary of any service performed by recalled retired judges during the fiscal year and an analysis of whether any of the caseload guidelines established under section 7257(b)(5) of this title were met during the fiscal year. (b)

Appropriate committees of Congress defined

In this section, the term appropriate committees of Congress means the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives.

. (b)

Clerical amendment

The table of sections at the beginning of chapter 72 of such title is amended by inserting after the item related to section 7287, the following new item: 7288. Annual report. .

7.

Report on expansion of facilities for United States Court of Appeals for Veterans Claims

(a)

Findings

Congress finds the following: (1)The United States Court of Appeals for Veterans Claims is currently located in the District of Columbia in a commercial office building that is also occupied by other Federal tenants. (2)In February 2006, the General Services Administration provided Congress with a preliminary feasibility analysis of a dedicated Veterans Courthouse and Justice Center that would house the Court and other entities that work with the Court. (3)In February 2007, the Court notified Congress that the most cost-effective alternative appears to be leasing substantial additional space in the current location, which would require relocating other current government tenants from that building. (4)The February 2006 feasibility report of the General Services Administration does not include an analysis of whether it would be feasible or desirable to locate a Veterans Courthouse and Justice Center at the current location of the Court. (b)

Sense of Congress

It is the sense of Congress that— (1)the United States Court of Appeals for Veterans Claims should be provided with appropriate office space to meet its needs, as well as to provide the image, security, and stature befitting a court that provides justice to the veterans of the United States; and (2)in providing that space, Congress should avoid undue disruption, inconvenience, or cost to other Federal entities. (c)

Report

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Administrator of General Services shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the feasibility of— (A)leasing additional space for the United States Court of Appeals for Veterans Claims within the building where the Court was located on the date of the enactment of this Act; and (B)using the entirety of such building as a Veterans Courthouse and Justice Center. (2)

Contents

The report required by paragraph (1) shall include a detailed analysis of the following: (A)The impact that the matter analyzed in accordance with paragraph (1) would have on Federal tenants of the building used by the Court. (B)Whether it would be feasible to relocate such Federal tenants into office space that offers similar or preferable cost, convenience, and usable square footage. (C)If relocation of such Federal tenants is found to be feasible and desirable, an analysis of what steps should be taken to convert the building into a Veterans Courthouse and Justice Center and a time line for such conversion. (3)

Comment period

The Administrator shall provide an opportunity to such Federal tenants— (A)before the completion of the report required by paragraph (1), to comment on the subject of the report required by such paragraph; and (B)before the Administrator submits the report required by paragraph (1) to the congressional committees specified in such paragraph, to comment on a draft of such report.