
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-103 Section 601]
[CITE: 38USC7253]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
               SUBCHAPTER I--ORGANIZATION AND JURISDICTION
 
Sec. 7253. Composition

    (a) Composition.--The Court of Appeals for Veterans Claims is 
composed of at least three and not more than seven judges, one of whom 
shall serve as chief judge in accordance with subsection (d).
    (b) The judges of the Court shall be appointed by the President, by 
and with the advice and consent of the Senate, solely on the grounds of 
fitness to perform the duties of the office. A person may not be 
appointed to the Court who is not a member in good standing of the bar 
of a Federal court or of the highest court of a State. Not more than the 
number equal to the next whole number greater than one-half of the 
number of judges of the Court may be members of the same political 
party.
    (c) The term of office of the judges of the Court of Appeals for 
Veterans Claims 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.
    (d) Chief Judge.--(1) The chief judge of the Court shall be the 
judge of the Court in regular active service who is senior in commission 
among the judges of the Court who--
        (A) have served for one or more years as judges of the Court; 
    and
        (B) have not previously served as chief judge.

    (2) In any case in which there is no judge of the Court in regular 
active service who has served as a judge of the Court for at least one 
year, the judge of the court in regular active service who is senior in 
commission and has not served previously as chief judge shall act as the 
chief judge.
    (3) Except as provided in paragraph (4), a judge of the Court shall 
serve as the chief judge under paragraph (1) for a term of five years or 
until the judge becomes age 70, whichever occurs first. If no other 
judge is eligible under paragraph (1) to serve as chief judge upon the 
expiration of that term, that judge shall continue to serve as chief 
judge until another judge becomes eligible under that paragraph to serve 
as chief judge.
    (4)(A) The term of a chief judge shall be terminated before the end 
of the term prescribed by paragraph (3) if--
        (i) the chief judge leaves regular active service as a judge of 
    the court; \1\ or
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    \1\ So in original. Probably should be capitalized.
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        (ii) the chief judge notifies the other judges of the court \1\ 
    in writing that such judge desires to be relieved of the duties of 
    chief judge.

    (B) The effective date of a termination of the term under 
subparagraph (A) shall be the date on which the chief judge leaves 
regular active service or the date of the notification under 
subparagraph (A)(ii), as the case may be.
    (5) If a chief judge is temporarily unable to perform the duties of 
chief judge, those duties shall be performed by the judge of the court 
\1\ in active service who is present, able and qualified to act, and is 
next in precedence.
    (6) Judges who have the same seniority in commission shall be 
eligible for service as chief judge in accordance with their relative 
precedence.
    (e) Salary.--Each judge of the Court shall receive a salary at the 
same rate as is received by judges of the United States district courts.
    (f)(1) A judge of the Court may be removed from office by the 
President on grounds of misconduct, neglect of duty, or engaging in the 
practice of law. A judge of the Court may not be removed from office by 
the President on any other ground.
    (2) Before a judge may be removed from office under this subsection, 
the judge shall be provided with a full specification of the reasons for 
the removal and an opportunity to be heard.
    (g)(1) The Court shall prescribe rules, consistent with the 
provisions of section 372(c) of title 28, establishing procedures for 
the filing of complaints with respect to the conduct of any judge of the 
Court and for the investigation and resolution of such complaints. In 
investigating and taking action with respect to any such complaint, the 
Court shall have the powers granted to a judicial council under such 
section.
    (2) The provisions of paragraphs (7) through (15) of section 372(c) 
of title 28, regarding referral or certification to, and petition for 
review in, the Judicial Conference of the United States and action 
thereon, shall apply to the exercise by the Court of the powers of a 
judicial council under paragraph (1) of this subsection. The grounds for 
removal from office specified in subsection (f)(1) shall provide a basis 
for a determination pursuant to paragraph (7) or (8) of section 372(c) 
of title 28, and certification and transmittal by the Conference shall 
be made to the President for consideration under subsection (f).
    (3)(A) In conducting hearings pursuant to paragraph (1), the Court 
may exercise the authority provided under section 1821 of title 28 to 
pay the fees and allowances described in that section.
    (B) The Court shall have the power provided under section 372(c)(16) 
of title 28 to award reimbursement for the reasonable expenses described 
in that section. Reimbursements under this subparagraph shall be made 
from funds appropriated to the Court.

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4114, Sec. 4053; amended Pub. L. 101-94, title I, Sec. 102(c), 
Aug. 16, 1989, 103 Stat. 626; renumbered Sec. 7253, Pub. L. 102-40, 
title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102-82, 
Sec. 3, Aug. 6, 1991, 105 Stat. 375; Pub. L. 102-585, title VIII, 
Sec. 801, Nov. 4, 1992, 106 Stat. 4980; Pub. L. 105-368, title V, 
Secs. 501, 512(a)(1), Nov. 11, 1998, 112 Stat. 3340, 3341; Pub. L. 106-
117, title X, Secs. 1031, 1032(a), 1033, Nov. 30, 1999, 113 Stat. 1594, 
1595.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-117, Sec. 1031, inserted heading and 
amended text of subsec. (a) generally. Prior to amendment, text read as 
follows: ``The Court of Appeals for Veterans Claims shall be composed of 
a chief judge and at least two and not more than six associate judges.''
    Subsec. (d). Pub. L. 106-117, Sec. 1032(a), inserted heading and 
amended text of subsec. (d) generally. Prior to amendment, text read as 
follows: ``The chief judge is the head of the Court''.
    Subsec. (e). Pub. L. 106-117, Sec. 1033, inserted heading and 
amended text of subsec. (e) generally. Prior to amendment, text read as 
follows:
    ``(e)(1) The chief judge of the Court shall receive a salary at the 
same rate as is received by judges of the United States Courts of 
Appeals.
    ``(2) Each judge of the Court, other than the chief judge, shall 
receive a salary at the same rate as is received by judges of the United 
States district courts.''
    1998--Subsec. (a). Pub. L. 105-368, Sec. 512(a)(1), substituted 
``Court of Appeals for Veterans Claims'' for ``Court of Veterans 
Appeals''.
    Subsec. (c). Pub. L. 105-368, Sec. 512(a)(1), substituted ``Court of 
Appeals for Veterans Claims'' for ``Court of Veterans Appeals''.
    Pub. L. 105-368, Sec. 501, inserted at end ``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.''
    1992--Subsec. (g). Pub. L. 102-585 designated existing provisions as 
par. (1) and added pars. (2) and (3).
    1991--Pub. L. 102-40 renumbered section 4053 of this title as this 
section.
    Subsec. (g). Pub. L. 102-82 added subsec. (g).
    1989--Subsec. (f)(1). Pub. L. 101-94 inserted ``or'' before 
``engaging'' and substituted ``law'' for ``law, or physical or mental 
disability which, in the opinion of the President, prevents the proper 
execution of the judge's duties''.


                    Effective Date of 1999 Amendment

    Pub. L. 106-117, title X, Sec. 1036, Nov. 30, 1999, 113 Stat. 1595, 
provided that:
    ``(a) Effective Date.--The amendments made by this subtitle 
[subtitle C (Secs. 1031-1036) of title X of Pub. L. 106-117, amending 
this section and sections 7254, 7281, 7296, and 7297 of this title] 
shall take effect on the date of the enactment of this Act [Nov. 30, 
1999].
    ``(b) Savings Provision for Incumbent Chief Judge.--The amendments 
made by this subtitle shall not apply while the individual who is chief 
judge of the Court [United States Court of Appeals for Veterans Claims] 
on the date of the enactment of this Act [Nov. 30, 1999] continues to 
serve as chief judge. If that individual, upon termination of service as 
chief judge, provides notice under section 7257 of title 38, United 
States Code, of availability for service in a recalled status, the rate 
of pay applicable to that individual under section 7296(c)(1)(A) of such 
title while serving in a recalled status shall be at the rate of pay 
applicable to that individual at the time of retirement, if greater than 
the rate otherwise applicable under that section.''


                    Effective Date of 1998 Amendment

    Amendment by section 512(a)(1) of Pub. L. 105-368 effective on first 
day of first month beginning more than 90 days after Nov. 11, 1998, see 
section 513 of Pub. L. 105-368, set out as a note under section 7251 of 
this title.


       Initial Appointment of Judges to Court of Veterans Appeals

    Section 302 of Pub. L. 100-687 prohibited President from appointing 
associate judges of the United States Court of Veterans Appeals under 
subsec. (b) of this section, until the chief judge of such Court has 
been appointed and that judges could be appointed after Feb. 1, 1989.

                  Section Referred to in Other Sections

    This section is referred to in sections 7257, 7296, 7297 of this 
title.
