38 U.S.C. § 7254 — Organization

Page 1137 TITLE 38—VETERANS’ BENEFITS § 7255 EFFECTIVE DATE OF 2013 AMENDMENT Amendment by Pub. L. 112–260 effective on the date that is 180 days after Jan. 10, 2013, see section 302(c)(1) of Pub. L. 112–260, set out as a note under section 7255 of this title. Pub. L. 112–260, title III, § 302(c)(2), Jan. 10, 2013, 126 Stat. 2426, provided that: ‘‘The amendment made by subsection (b) [amending this section] shall apply with respect to judges confirmed on or after January 1, 2012.’’ EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–117, title X, § 1036, Nov. 30, 1999, 113 Stat. 1595, provided that: ‘‘(a) EFFECTIVE DATE.—The amendments made by this subtitle [subtitle C (§§ 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 indi- vidual, upon termination of service as chief judge, pro- vides 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 in- dividual 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 ef- fective 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 sec- tion, until the chief judge of such Court has been ap- pointed and that judges could be appointed after Feb. 1, 1989. § 7254. Organization (a) The Court of Appeals for Veterans Claims shall have a seal which shall be judicially no- ticed. (b) The Court may hear cases by judges sitting alone or in panels, as determined pursuant to procedures established by the Court. Any such panel shall have not less than three judges. The Court shall establish procedures for the assign- ment of the judges of the Court to such panels and for the designation of the chief of each such panel. (c)(1) A majority of the judges of the Court shall constitute a quorum for the transaction of the business of the Court. A vacancy in the Court shall not impair the powers or affect the duties of the Court or of the remaining judges of the Court. (2) A majority of the judges of a panel of the Court shall constitute a quorum for the trans- action of the business of the panel. A vacancy in a panel of the Court shall not impair the powers or affect the duties of the panel or of the re- maining judges of the panel. (d) PRECEDENCE OF JUDGES.—The chief judge of the Court shall have precedence and preside at any session that the chief judge attends. The other judges shall have precedence and preside according to the seniority of their original com- missions. Judges whose commissions bear the same date shall have precedence according to se- niority in age. (e) Judges of the Court shall have the author- ity to administer oaths. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4054; amended Pub. L. 101–94, title IV, § 402, Aug. 16, 1989, 103 Stat. 628; Pub. L. 101–237, title VI, § 602(b), Dec. 18, 1989, 103 Stat. 2095; renumbered § 7254, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–54, § 14(e)(4), June 13, 1991, 105 Stat. 287; Pub. L. 102–82, § 8(3), Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, § 1034, Nov. 30, 1999, 113 Stat. 1595.) Editorial Notes AMENDMENTS 1999—Subsec. (d). Pub. L. 106–117 inserted heading and amended text of subsec. (d) generally. Prior to amend- ment, text read as follows: ‘‘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 act- ing 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.’’ 1998—Subsec. (a). Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1991—Pub. L. 102–40 renumbered section 4054 of this title as this section. Subsecs. (d), (e). Pub. L. 102–54 amended section as in effect immediately before the enactment of Pub. L. 102–40, and Pub. L. 102–82 amended section, identically, by redesignating the second subsec. (d), relating to au- thority to administer oaths as, (e). 1989—Subsec. (d). Pub. L. 101–237 added subsec. (d) re- lating to authority to administer oaths. Pub. L. 101–94 added subsec. (d) relating to acting chief judge in event of vacancy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–117 effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 of Pub. L. 106–117, set out as a note under section 7253 of this title. EFFECTIVE DATE OF 1998 AMENDMENT Amendment by 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. § 7255. Offices, duty stations, and residences (a) PRINCIPAL OFFICE.—The principal office of the Court of Appeals for Veterans Claims shall be in the Washington, D.C., metropolitan area, but the Court may sit at any place within the United States. (b) OFFICIAL DUTY STATIONS.—(1) Except as provided in paragraph (2), the official duty sta- tion of each judge while in active service shall be the principal office of the Court of Appeals for Veterans Claims. (2) The place where a recall-eligible retired judge maintains the actual abode in which such