101st CONGRESS
1st Session
H. R. 2727
AN ACT
To amend title 38, United States Code, to establish a retirement and survivor
benefit program for judges of the new United States Court of Veterans Appeals,
and for other purposes.
HR 2727 EH
101st CONGRESS
1st Session
H. R. 2727
AN ACT
To amend title 38, United States Code, to establish a retirement and survivor
benefit program for judges of the new United States Court of Veterans Appeals,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,

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This Act may be cited as the `Court of Veterans Appeals Judges Retirement
Act'.

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TITLE I

-JUDGES RETIREMENT AND SURVIVOR ANNUITY PROGRAM

(a) CIVIL SERVICE RETIREMENT SYSTEM- Section 8334(i) of title 5, United
States Code, is amended by adding at the end the following new paragraph:
`(5) Notwithstanding any other provision of law, a judge who is covered by
section 4096 of title 38 shall not be subject to deductions and contributions
to the Fund, if the judge notifies the Director of the Office of Personnel
Management of an election of a retirement annuity under that section. Upon
such an election, the judge shall be entitled to a lump-sum credit under
section 8342(a) of this title.'.
(b) FEDERAL EMPLOYEES RETIREMENT SYSTEM- Section 8402 of title 5, United
States Code, is amended by adding at the end the following new subsection:
`(f) A judge who is covered by section 4096 of title 38 shall be excluded
from the operation of this chapter if the judge notifies the Director of
the Office of Personnel Management of an election of a retirement annuity
under that section. Upon such election, the judge shall be entitled to a
lump-sum credit under section 8424 of this title.'.
(c) STANDARDS FOR REMOVAL OF JUDGES- Section 4053(f)(1) of title 38,
United States Code, is amended in the first sentence--
(1) by inserting `or' before `engaging'; and
(2) by striking out `law,' and all that follows in that sentence and
inserting in lieu thereof `law.'.

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(a) SPACE IN THE DISTRICT OF COLUMBIA- The Administrator of General Services
shall provide suitable building space in the District of Columbia for the
United States Court of Veterans Appeals as the Court's principal place of
business. The Administrator shall, if necessary, arrange for temporary
space for the Court if permanent space is not immediately available for
the Court. The Administrator shall place a high priority on the provision
of such temporary and permanent space for the Court.
(b) APPROVAL BY COURT- Any space to be provided for the Court of Veterans
Appeals under subsection (a) must be acceptable to the Court.
(c) ADDITIONAL REQUIREMENT- Any building space provided to the Court under
subsection (a) shall be adjacent to additional building space (in an amount
acceptable to the Court) that can be made available to the Court in the
future if needed for expansion of the facilities of the Court.

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TITLE II

-PROVISIONS RELATING TO ESTABLISHMENT OF COURT OF VETERANS APPEALS

In the case of a person adversely affected by a final decision of the
Board of Veterans' Appeals that is made before the date on which the United
States Court of Veterans Appeals has caused to be published in the Federal
Register a notice by the Court that it has commenced operations, the period
prescribed under section 4066 of title 38, United States Code, within which
a notice of appeal must be filed with the Court shall be extended to the
end of the 30-day period beginning on the date such notice is published,
if the end of that period is later than the date that would otherwise be
applicable under such section.

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The Federal Rules of Appellate Procedure (28 U.S.C. App.) shall be the
interim rules of the United States Court of Veterans Appeals unless otherwise
provided by the Court in accordance with chapter 72 of title 38, United
States Code. If there is a conflict between a provision of the Federal Rules
of Appellate Procedure and the procedures set forth in chapter 72 of title
38, United States Code, the procedures set forth in such chapter shall apply.

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(a) EMPLOYMENT AUTHORITY- Section 4081 of title 38, United States Code,
is amended to read as follows:
`Sec. 4081. Employees
`(a) The Court of Veterans Appeals may appoint a clerk without regard
to the provisions of title 5 governing appointments in the competitive
service. The clerk shall serve at the pleasure of the Court.
`(b) The judges of the Court may appoint law clerks and secretaries, in
such numbers as the Court may approve, without regard to the provisions
of title 5 governing appointments in the competitive service. Any such
law clerk or secretary shall serve at the pleasure of the appointing judge.
`(c) The clerk, with the approval of the Court, may appoint necessary
deputies and employees without regard to the provisions of title 5 governing
appointments in the competitive service.
`(d) The Court may fix and adjust the rates of basic pay for the clerk and
other employees of the Court without regard to the provisions of chapter 51,
subchapter III of chapter 53, or section 5373 of title 5. To the maximum
extent feasible, the Court shall compensate employees at rates consistent
with those for employees holding comparable positions in the judicial branch.
`(e) In making appointments under subsections (a) through (c) of this
section, preference shall be given, among equally qualified persons,
to persons who are preference eligibles (as defined in section 2108(3)
of title 5).
`(f) The Court may procure the services of experts and consultants under
section 3109 of title 5.
`(g) The Chief Judge of the Court may exercise the authority of the Court
under this section whenever there are not at least two associate judges
of the Court.
`(h) The Court shall not be considered to be an agency within the meaning
of section 3132(a)(1) of title 5.'.
(b) LIMITATION ON CONVERSION OF EMPLOYEES TO COMPETITIVE SERVICE-
Notwithstanding clause (1)(A) of the proviso under the heading `Court of
Veterans Appeals' in chapter XI of Public Law 101-45, no employee of the
United States Court of Veterans Appeals may be converted to the competitive
service without the approval of the Court.
(c) EFFECTIVE DATE- Notwithstanding section 401 of the Veterans' Judicial
Review Act, the authority provided by section 4081 of title 38, United
States Code, as amended by subsection (a), shall take effect on the date
of the enactment of this Act.

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APPEALS DISALLOWED CASES.
Section 401(d) of the Veterans' Judicial Review Act (Public Law 100-687;
102 Stat. 4122) is amended to read as follows:
`(d) BOARD OF VETERANS' APPEALS- Sections 202, 203, 205, 206, and 207
shall take effect as of January 1, 1989. Section 204 shall take effect on
September 1, 1989.'.

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TITLE III

-TECHNICAL CORRECTIONS

(a) CROSS-REFERENCE TO NEW SECTION- Section 3301(b)(1) of title 38, United
States Code, is amended by striking out `section 4009' and inserting in
lieu thereof `section 3009 or 4009'.
(b) REVIEW OF COURT DECISIONS- Section 4092(d)(1) of such title is amended
by striking out `statute or'.
(c) APPLICABILITY OF AMENDMENTS- The amendments made by subsections (a) and
(b) shall take effect as if included in the Veterans' Judicial Review Act.
(d) REDESIGNATION OF DUPLICATE SECTION NUMBER- (1) The section 223 of
title 38, United States Code, added by section 203(b)(1) of the Veterans'
Benefits and Services Act of 1988 (Public Law 100-322; 102 Stat. 509)
is redesignated as section 224.
(2) The item relating to that section in the table of sections at the
beginning of chapter 3 of that title is revised to reflect the redesignation
made by paragraph (1).

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Section 12(c)(2) of the Department of Veterans Affairs Act (Public Law
100-527; 102 Stat. 2642) is amended--
(1) by inserting `(A)' before `any person'; and
(2) by inserting before the period at the end the following: `, or (B)
any person to (i) a Senior Executive Service position as a noncareer
appointee, or (ii) a position which is excepted from the competitive
service, on a temporary or permanent basis, because of the confidential
or policy-determining character of the position'.

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TITLE IV

-MISCELLANEOUS PROVISIONS

Section 4054 of title 38, United States Code, is amended by adding at the
end the following new subsection:
`(d) In the event of a vacancy in the position of chief judge of the
Court, the associate judge senior in service on the Court shall serve
as acting chief judge unless the President designates one of the other
associate judges to serve as acting chief judge, in which case the judge
so designated shall serve as acting chief judge.'.
Passed the House of Representatives July 31, 1989.
Attest:
Clerk.
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Court of Veterans Appeals Judges Retirement Act — HR. 2727

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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