38 U.S.C. § 7255

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 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 station 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 judge customarily lives shall be considered the recall-eligible retired judge's official duty station.

(c) RESIDENCES.-

(1) Except as provided in paragraph (2), after appointment and while in active service, each judge of the Court of Appeals for Veterans Claims shall reside within 50 miles of the Washington, D.C., metropolitan area.

(2) Paragraph (1) shall not apply to recall-eligible retired judges of the Court of Appeals for Veterans Claims.

38 U.S.C. § 7255

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)7255,, 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

AMENDMENTS2013- 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 Congress. 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 subsection (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 enactment 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 Administrator 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 Administrator 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 subsection (a) must be acceptable to the Court."(c) ADDITIONAL REQUIREMENT.-Any building space provided to the Court under subsection (a) shall be adjacent to additional building space (in an amount acceptable 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 principal office of the Court of Veterans Appeals.