38 U.S.C. § 7253
EDITORIAL NOTES
AMENDMENTS2020-Subsec. (i)(2). Pub. L. 116-159 substituted "January 1, 2026" for "January 1, 2021".2016-Subsec. (d)(1)(B), (C). Pub. L. 114-315, §204(a)(1), added subpar. (B) and redesignated former subpar. (B) as (C).Subsec. (d)(2). Pub. L. 114-315, §204(a)(2), amended par. (2) generally. Prior to amendment, par. (2) read as follows: "In any case in which there is no judge of the Court in regular active service who has served as a judge of the Court for at least one year, the judge of the court in regular active service who is senior in commission and has not served previously as chief judge shall act as the chief judge." Subsec. (i)(2). Pub. L. 114-315, §201(a), substituted "January 1, 2021" for "January 1, 2013". 2013-Subsec. (f)(1). Pub. L. 112-260 which directed substitution of "engaging in the practice of law, or violating section 7255(c) of this title" for "or engaging in the practice of law" in section 7253(f)(1), without specifying the Code title to be amended, was executed to subsec. (f)(1) of this section, to reflect the probable intent of Congress. 2008-Subsec. (i). Pub. L. 110-389 added subsec. (i). 2006-Subsec. (d)(5). Pub. L. 109-233 substituted "Court" for "court".2004-Subsec. (d)(1). Pub. L. 108-454, §802(a), inserted "The chief judge of the Court is the head of the Court." after "(1)".Subsec. (d)(4)(A). Pub. L. 108-454, §802(b), substituted "Court" for "court" in cls. (i) and (ii). Subsec. (h)(4). Pub. L. 108-454, §802(c), substituted "December 27, 2001," for "the date of the enactment of this subsection". 2002-Subsec. (g)(1). Pub. L. 107-273, §11043(f)(1), substituted "chapter 16" for "section 372(c)" and "such chapter" for "such section".Subsec. (g)(2). Pub. L. 107-273, §11043(f)(2), substituted "sections 354(b) through 360" for "paragraphs (7) through (15) of section 372(c)" and "section 354(b) or 355" for "paragraph (7) or (8) of section 372(c)".Subsec. (g)(3)(B). Pub. L. 107-273, §11043(f)(3), substituted "361" for "372(c)(16)". 2001-Subsecs. (b), (c), (f), (g). Pub. L. 107-103, §601(b), inserted subsec. headings. Subsec. (h). Pub. L. 107-103, §601(a), added subsec. (h). 1999-Subsec. (a). Pub. L. 106-117, §1031, inserted heading and amended text of subsec. (a) generally. Prior to amendment, text read as follows: "The Court of Appeals for Veterans Claims shall be composed of a chief judge and at least two and not more than six associate judges."Subsec. (d). Pub. L. 106-117, §1032(a), inserted heading and amended text of subsec. (d) generally. Prior to amendment, text read as follows: "The chief judge is the head of the Court". Subsec. (e). Pub. L. 106-117, §1033, inserted heading and amended text of subsec. (e) generally. Prior to amendment, text read as follows: "(e)(1) The chief judge of the Court shall receive a salary at the same rate as is received by judges of the United States Courts of Appeals."(2) Each judge of the Court, other than the chief judge, shall receive a salary at the same rate as is received by judges of the United States district courts." 1998-Subsec. (a). Pub. L. 105-368, §512(a)(1), substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals".Subsec. (c). Pub. L. 105-368, §512(a)(1), substituted "Court of Appeals for Veterans Claims" for "Court of Veterans Appeals". Pub. L. 105-368, §501, inserted at end "A judge who is nominated by the President for appointment to an additional term on the Court without a break in service and whose term of office expires while that nomination is pending before the Senate may continue in office for up to 1 year while that nomination is pending." 1992-Subsec. (g). Pub. L. 102-585 designated existing provisions as par. (1) and added pars. (2) and (3). 1991- Pub. L. 102-40 renumbered section 4053 of this title as this section.Subsec. (g). Pub. L. 102-82 added subsec. (g).1989-Subsec. (f)(1). Pub. L. 101-94 inserted "or" before "engaging" and substituted "law" for "law, or physical or mental disability which, in the opinion of the President, prevents the proper execution of the judge's duties".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114-315, title II, §204(b), Dec. 16, 2016, 130 Stat. 1550, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to the selection of a chief judge occurring on or after January 1, 2020."
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, §10361036,, 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 individual, upon termination of service as chief judge, provides 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 individual 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 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.
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 section, until the chief judge of such Court has been appointed and that judges could be appointed after Feb. 1, 1989.