US Codex
Pub. L.
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Title II — United States Court of Appeals for Veterans Claims

114th Congress · Approved Dec 16, 2016 · 130 Stat. 1536

TITLE II United States Court of Appeals for Veterans Claims

SEC. 201. Extension of Temporary Increase in Number of Judges on United States Court of Appeals for Veterans Claims.

(a)
In General.— Section 7253(i)(2) is amended by striking “ January 1, 2013” and inserting “ January 1, 2021”.
(b)
Report.—
(1)
In general.— Not later than June 30, 2020, the chief judge of the United States Court of Appeals for Veterans Claims 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 temporary expansions of the Court under section 7253 of title 38, United States Code.
(2)
Contents.— The report required by paragraph (1) shall include the following:
(A)
An assessment of the effect of the expansions on ensuring appeals are handled in a timely manner.
(B)
A description of the ways in which the complexity levels of the appeals acted on by the Court may have changed based on service during recent conflicts compared to those based on service from previous eras.
(C)
A recommendation on whether the number of judges should be adjusted at the end of the temporary expansion period, including statistics, projections, trend analyses, and other information to support the recommendation.

SEC. 202. Life Insurance Program Relating to Judges of United States Court of Appeals for Veterans Claims.

(a)
In General.— Section 7281 is amended by adding at the end the following:

“(j) For purposes of chapter 87 of title 5, a judge who is in regular active service and a judge who is retired under section 7296 of this title or under chapter 83 or 84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 5.

“(k) Notwithstanding any other provision of law, the Court may pay on behalf of its judges, who are age 65 or older, any increase in the cost of Federal Employees’ Group Life Insurance imposed after April 24, 1999, including any expenses generated by such payments, as authorized by the chief judge of the Court in a manner consistent with such payment authorized by the Judicial Conference of the United States pursuant to section 604(a)(5) of title 28.”

(b)
Effective Date.— The amendment made by subsection (a) shall apply with respect to any payment made on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this Act.

SEC. 203. Voluntary Contributions to Enlarge Survivors’ Annuity.

Section 7297 is amended by adding at the end the following new subsection:

“(p)

(1) A covered judge who makes an election under subsection (b) may purchase, in 3-month increments, up to an additional year of service credit for each year of Federal judicial service completed, under the terms set forth in this section.

“(2) In this subsection, the term ‘covered judge’ means any of the following:

“(A) A judge in regular active service.

“(B) A retired judge who is a recall-eligible retired judge pursuant to subsection (a) of section 7257 of this title.

“(C) A retired judge who would be a recall-eligible retired judge pursuant to subsection (a) of section 7257 but for—

“(i) meeting the aggregate recall service requirements under subsection (b)(3) of such section; or

“(ii) being permanently disabled as described by subsection (b)(4) of such section.”

SEC. 204. Selection of Chief Judge of United States Court of Appeals for Veterans Claims.

(a)
In General.— Section 7253(d) is amended—
(1)
in paragraph (1)—
(A)
in subparagraph (A), by striking “ and”;
(B)
by redesignating subparagraph (B) as subparagraph (C); and
(C)
by inserting after subparagraph (A) the following new subparagraph (B):

“(B) have at least 3 years remaining in term of office; and”

; and

(2)
by amending paragraph (2) to read as follows:

“(2)

(A) In any case in which there is no judge of the Court in regular active service who meets the requirements under paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1) shall act as the chief judge.

“(B) In any case under subparagraph (A) of this paragraph in which there is no judge of the Court in regular active service who meets subparagraph (A) or (B) and subparagraph (C) of paragraph (1), the judge of the Court in regular active service who is senior in commission and meets subparagraph (C) shall act as the chief judge.”

(b)
Applicability.— The amendments made by subsection (a) shall apply with respect to the selection of a chief judge occurring on or after January 1, 2020.