38 U.S.C. § 7255 — Offices, duty stations, and residences

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 Page 1138 TITLE 38—VETERANS’ BENEFITS § 7256 judge customarily lives shall be considered the recall-eligible retired judge’s official duty sta- tion. (c) RESIDENCES.—(1) Except as provided in paragraph (2), after appointment and while in active service, each judge of the Court of Ap- peals for Veterans Claims shall reside within 50 miles of the Washington, D.C., metropolitan area. (2) Paragraph (1) shall not apply to recall-eli- gible retired judges of the Court of Appeals for Veterans Claims. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4114, § 4055; renumbered § 7255, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 108–454, title VIII, § 801, Dec. 10, 2004, 118 Stat. 3625; Pub. L. 112–260, title III, § 302(a)(1), Jan. 10, 2013, 126 Stat. 2425.) Editorial Notes AMENDMENTS 2013—Pub. L. 112–260, which directed the general amendment of section 7255 without specifying the Code title to be amended, was executed by amending this section generally, to reflect the probable intent of Con- gress. Prior to amendment, text read as follows: ‘‘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.’’ 2004—Pub. L. 108–454 substituted ‘‘Washington, D.C., metropolitan area’’ for ‘‘District of Columbia’’. 1998—Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1991—Pub. L. 102–40 renumbered section 4055 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–260, title III, § 302(c)(1), Jan. 10, 2013, 126 Stat. 2425, provided that: ‘‘Subsection (c) of section 7255 [probably means 38 U.S.C. 7255(c)], as added by sub- section (a), and the amendment made by subsection (b) [amending section 7253 of this title] shall take effect on the date that is 180 days after the date of the enact- ment of this Act [Jan. 10, 2013].’’ 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. FACILITIES FOR COURT OF APPEALS FOR VETERANS CLAIMS Pub. L. 101–94, title II, § 201, Aug. 16, 1989, 103 Stat. 626, as amended by Pub. L. 105–368, title V, § 512(c), Nov. 11, 1998, 112 Stat. 3342, provided that: ‘‘(a) SPACE IN THE DISTRICT OF COLUMBIA.—The Ad- ministrator of General Services shall provide suitable building space in the District of Columbia for the United States Court of Appeals for Veterans Claims as the Court’s principal place of business. The Adminis- trator 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 Appeals for Veterans Claims under sub- section (a) must be acceptable to the Court. ‘‘(c) ADDITIONAL REQUIREMENT.—Any building space provided to the Court under subsection (a) shall be ad- jacent to additional building space (in an amount ac- ceptable to the Court) that can be made available to the Court in the future if needed for expansion of the facilities of the Court.’’ Pub. L. 100–687, div. A, title III, § 303, Nov. 18, 1988, 102 Stat. 4121, provided for the initial location of the prin- cipal office of the Court of Veterans Appeals. § 7256. Times and places of sessions The times and places of sessions of the Court of Appeals for Veterans Claims shall be pre- scribed by the chief judge. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4115, § 4056; renumbered § 7256, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) Editorial Notes AMENDMENTS 1998—Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1991—Pub. L. 102–40 renumbered section 4056 of this title as this section. Statutory Notes and Related Subsidiaries 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. § 7257. Recall of retired judges (a)(1) A retired judge of the Court may be re- called for further service on the Court in accord- ance with this section. To be eligible to be re- called for such service, a retired judge must at the time of the judge’s retirement provide to the chief judge of the Court (or, in the case of the chief judge, to the clerk of the Court) notice in writing that the retired judge is available for further service on the Court in accordance with this section and is willing to be recalled under this section. Such a notice provided by a retired judge to whom section 7296(c)(1)(B) of this title applies is irrevocable. (2) For the purposes of this section— (A) a retired judge is a judge of the Court of Appeals for Veterans Claims who retires from the Court under section 7296 of this title or under chapter 83 or 84 of title 5; and (B) a recall-eligible retired judge is a retired judge who has provided a notice under para- graph (1). (b)(1) The chief judge may recall for further service on the Court a recall-eligible retired judge in accordance with this section. Such a re- call shall be made upon written certification by the chief judge that substantial service is ex- pected to be performed by the retired judge for such period, not to exceed 90 days (or the equiv- alent), as determined by the chief judge to be necessary to meet the needs of the Court. (2) A recall-eligible retired judge may not be recalled for more than 90 days (or the equiva- lent) during any calendar year without the judge’s consent.