95TH CONGRESS 1ST SESSION S. 2263 IN THE SENATE OF THE UNITED STATES OCTOBER 28 (legislative day, OCTOBER 21), 1977 Mr. THURMOND (by request) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to establish a Court of Veterans' Appeals and to prescribe its jurisdiction and functions. 1 Be it enacted by the Senate and House of Representa 2 tives of the United States of America in Congress assembled, 3 That part V of title 38, United States Code, is amended 4 by adding immediately after chapter 71 thereof the follow5 ing new chapter: 6 "Chapter 72.-COURT OF VETERANS' APPEALS "Sec. "SUBCHAPTER I.-ESTABLISHMENT AND JURISDICTION "4051. Establishment of Court of Veterans' Appeals. "4052. Provisions relating to judges. "4053. Jurisdiction of the court. "4054. Review by the court. "4055. Attorneys and agents. "4056. New and material evidence. 1 "Sec. 2 "SUBCHAPTER II.-PROCEDURE AND ADMINISTRATION "4061. Clerk. "4062. Commissioners. "4063. Stenographers; clerical employees; bailiff. "4064. Fees; charge for court's opinions. "Subchapter I.-Establishment and Jurisdiction 2 "84051. Establishment of Court of Veterans' Appeals 3 "(a) There is hereby established the Court of Veterans' 4 Appeals (hereafter in this chapter referred to as the 'court'), 5 which shall consist of five judges through December 31, 6 1982, and thereafter shall consist of three judges, who shall 7 be appointed from civil life by the President, by and with the 8 advice and consent of the Senate. The President shall desig9 nate from time to time one of the judges to act as chief judge. "(b) The court shall hold at the seat of government an 11 annual term at a time to be fixed by rule of court. 10 12 "(c) The court may prescribe its own rules of procedure 13 and determine the number of judges required to constitute 14 a quorum. A vacancy in the court shall not impair the right 15 of the remaining judges to exercise the power of the court. 16. "(d) If a judge of the court is temporarily unable to 17 perform his duties because of illess or other disability, the 18 President may designate a judge of the United States Court 19 of Appeals for the District of Columbia to fill the office for 20 the period of disability. 21 225 "(e) The Administrator shall provide such necessary 22 administrative support and services as the court may request. 3 1 The Administrator shall cooperate with the court, and make 2 available to the court such of the records and files of the 3 Veterans' Administration as the court requests in any case. 4 "§ 4052. Provisions relating to judges 5 "(a) Each judge of the court shall be entitled to salary 6 at the rate prescribed for the judges of the Court of Claims, and shall be eligible for reappointment. 7 8 9 "(b) No person may be appointed as a judge of the court unless he is a member of the bar of a Federal court or 10 of the highest court of a State, and has engaged in the active 11 practice of law for seven or more years. No person may be 12 appointed as a judge of the court who within the two-year 13 period preceding his appointment has been a civilian officer 14 or employee of the United States serving in the Veterans' 15 Administration, the Department of Defense, the Bureau of 16 the Budget, or the General Accounting Office. 17 "(c) The terms of office of the five judges first taking 18 office after the date of enactment of this section shall expire, 19 as designated by the President at the time of nomination, 20 three on December 31, 1982, one on December 31, 1984, 21 and one on December 31, 1987. The term of office of all 22 successors shall expire ten years after the expiration of the 23 terms for which their predecessors were appointed, but any 24 judge appointed to fill a vacancy occurring before the ex25 piration of the term for which his predecessor was appointed 4 1 may be appointed only for the unexpired term of his 2 predecessor. 3 "(d) Judges of the court may be removed by the 4 President, upon notice and hearing, for neglect of duty or 5 malfeasance in office, or for mental or physical disability, but 6 for no other cause. 7 "(e) While traveling on official business and away from 8 the District of Columbia each judge of the court shall re9 ceive all necessary traveling expenses and a per diem allow10 ance as provided in sections 835 through 842 of title 5, 11 upon his certificate to the Administrator. 12 "§ 4053. Jurisdiction of the court 13 "(a) Except as provided in section 784 of this title, 14 the court shall have exclusive jurisdiction to review by ap15 peal all questions involved in decisions of the Board of Vet16 erans' Appeals (hereinafter in this chapter referred to as 17 the 'Board'). 18 "(b) Except as provided in section 4056 of this title, 19 all decisions of the court shall be final and no decision of 20 the court shall be subject to review by any official or court 21 of the United States. 22 "(c) (1) The court, or any judge or commissioner 23 thereof when authorized by the court, may administer oaths, 24 examine witnesses, and require, by subpena, the attendance 25 and testimony of witnesses, and the production of books, 5 1 papers, and documents, from any place in the United States 2 at any designated place. Witnesses shall receive the same 3 fees and mileage as witnesses in the case of proceedings 4 before the Court of Claims or commissioners thereof. 5 "(2) In case of disobedience to any such subpena, the 6 aid of any district court of the United States may be invoked 7 in requiring the attendance and testimony of witnesses and 8 the production of documentary evidence, and such district 9 court within the jurisdiction of which the inquiry is carried on may, in case of contumacy or refusal to obey a subpena 11 issued to any officer, agent, or employee of any corporation 10 12 or to any other person, issue an order requiring such cor13 poration or other person to appear or to give evidence touch14 ing the matter in question; and any failure to obey such 15 order of the district court may be punished by such district 16 court as a contempt thereof. 17 "S4054. Review by the court 18 "(a) Any claimant aggrieved by a decision of the 19 Board involving a claim for benefits may, within one year 20 from the date of mailing of notice of such decision, or the 21 date of enactment of this section, whichever is later, apply 22 to the court for a review of any issue of fact or law involved 23 in such decision. Such application shall be made by filing 24 in the office of the clerk of the court a concise statement of 25 the errors of law and fact complained of. A copy of such |