Page:United States Statutes at Large Volume 115 Part 1.djvu/1020

 115 STAT. 998 PUBLIC LAW 107-103—DEC. 27, 2001 TITLE VI—UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS SEC. 601. FACILITATION OF STAGGERED TERMS OF JUDGES THROUGH TEMPORARY EXPANSION OF THE COURT. (a) IN GENERAL.—Section 7253 is amended by adding at the end the following new subsection: " (h) TEMPORARY EXPANSION OF COURT.—(1) During the period from January 1, 2002, through August 15, 2005, the authorized number of judges of the Court specified in subsection (a) is increased by two. "(2)(A) Of the two additional judges authorized by this subsection— "(i) only one may be appointed pursuant to a nomination made in 2002; and "(ii) only one may be appointed pursuant to a nomination made in 2003. "(B) If a judge is not appointed under this subsection pursuant to a nomination made in 2002, a judge may be appointed under this subsection pursuant to a nomination made in 2004. If a judge is not appointed under this subsection pursuant to a nomination made in 2003, a judge may be appointed under this subsection pursuant to a nomination made in 2004. In either case, such an appointment may be made only pursuant to a nomination made before October 1, 2004. " (3) The term of office and the eligibility for retirement of a judge appointed under this subsection, other than a judge described in paragraph (4), are governed by the provisions of section 1012 of the Court of Appeals for Veterans Claims Amendments of 1999 (title X of Public Law 106-117; 113 Stat. 1590; 38 U.S.C. 7296 note) if the judge is one of the first two judges appointed to the Court after November 30, 1999. "(4) A judge of the Court as of the date of the enactment of this subsection who was appointed to the Court before January 1, 1991, may accept appointment as a judge of the Court under this subsection notwithstanding that the term of office of the judge on the Court has not yet expired under this section. The term of office of an incumbent judge who receives an appointment as described in the preceding sentence shall be 15 years, which includes any period remaining in the unexpired term of the judge. Any service following an appointment under this subsection shall be treated as though served as part of the original term of office of that judge on the Court. "(5) Notwithstanding paragraph (1), an appointment may not be made to the Court if the appointment would result in there being more than seven judges on the Court who were appointed after January 1, 1997. For the purposes of this paragraph, a judge serving in recall status under section 7257 of this title shall be disregarded in counting the number of judges appointed to the Court after such date.". (b) STYLISTIC AMENDMENTS. — That section is further amended— (1) in subsection (b), by inserting "APPOINTMENT. —" before "The judges"; (2) in subsection (c), by inserting "TERM OF OFFICE. —" before "The term";

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