Notes on 38 U.S.C. § 7101 : US Code - Notes

Search Notes on 38 U.S.C. § 7101 : US Code - Notes

(Pub. L. 85-857, Sept. 2, 1958, 72 Stat. 1240, Sec. 4001; Pub. L.
98-223, title II, Sec. 208(a)-(c), Mar. 2, 1984, 98 Stat. 43, 44;
Pub. L. 100-687, div. A, title II, Secs. 201(a), 202(b), 208, 209,
Nov. 18, 1988, 102 Stat. 4109, 4110, 4112; renumbered Sec. 7101 and
amended Pub. L. 102-40, title IV, Sec. 402(b)(1), (d)(1), May 7,
1991, 105 Stat. 238, 239; Pub. L. 102-54, Sec. 14(e)(2), June 13,
1991, 105 Stat. 287; Pub. L. 102-83, Secs. 2(c)(3), 4(a)(3), (4),
(b)(1), (2)(E), Aug. 6, 1991, 105 Stat. 402, 404, 405; Pub. L. 103-
271, Secs. 2-5, July 1, 1994, 108 Stat. 740, 741; Pub. L. 103-446,
title II, Secs. 201(d), 203, Nov. 2, 1994, 108 Stat. 4657; Pub. L.
105-368, title V, Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341;
Pub. L. 107-14, Sec. 8(a)(16), June 5, 2001, 115 Stat. 35.)
AMENDMENTS
2001 - Subsec. (a). Pub. L. 107-14 substituted "hereinafter" for
"hereafter".
1998 - Subsec. (b)(1). Pub. L. 105-368 substituted "Court of
Appeals for Veterans Claims" for "Court of Veterans Appeals".
1994 - Subsec. (a). Pub. L. 103-271, Sec. 2, struck out "(not
more than 65)" after "such number".
Subsec. (b). Pub. L. 103-446, Sec. 201(d)(1), (2), designated as
par. (2) the text in par. (1) beginning "The Chairman may be
removed" and struck out former par. (2) which read as follows:
"(2)(A) The other members of the Board (including the Vice
Chairman) shall be appointed by the Secretary, with the approval of
the President, based upon recommendations of the Chairman. Each
such member shall be appointed for a term of nine years.
"(B) A member of the Board (other than the Chairman) may be
removed by the Secretary upon the recommendation of the Chairman.
In the case of a removal that would be covered by section 7521 of
title 5 in the case of an administrative law judge, a removal of a
member of the Board under this paragraph shall be carried out
subject to the same requirements as apply to removal of an
administrative law judge under that section. Section 554(a)(2) of
title 5 shall not apply to a removal action under this
subparagraph. In such a removal action, a member shall have the
rights set out in section 7513(b) of such title."
Subsec. (b)(1). Pub. L. 103-271, Sec. 3, inserted after first
sentence "The Chairman shall be subject to the same ethical and
legal limitations and restrictions concerning involvement in
political activities as apply to judges of the United States Court
of Veterans Appeals."
Subsec. (b)(3). Pub. L. 103-446, Secs. 201(d)(3), 203,
substituted "The Chairman" for "Members (including the Chairman)"
and inserted at end "If, upon the expiration of the term of office
for which the Chairman was appointed, the position of Chairman
would become vacant, the individual serving as Chairman may, with
the approval of the Secretary, continue to serve as Chairman until
either appointed to another term or a successor is appointed, but
not beyond the end of the Congress during which the term of office
expired."
Subsec. (c)(1). Pub. L. 103-271, Sec. 4(a)(1), added par. (1) and
struck out former par. (1) which read as follows: "Subject to
paragraph (2) of this subsection, the Chairman may from time to
time designate employees of the Department to serve as temporary
members of the Board. Any such designation shall be for a period of
not to exceed one year, as determined by the Chairman. An
individual may not serve as a temporary member of the Board for
more than 24 months during any 48-month period."
Subsec. (c)(2), (3). Pub. L. 103-271, Sec. 4(a)(2)-(4),
redesignated par. (3) as (2), substituted "the number of acting
members of the Board designated under such paragraph (1) during the
year for which the report is made." for "the number of temporary
Board members designated under this subsection and the number of
acting Board members designated under section 7102(a)(2)(A)(ii) of
this title during the year for which the report is made.", and
struck out former par. (2) which read as follows: "Designation
under paragraph (1) of this subsection of an individual as a
temporary member of the Board may not be made when there are fewer
than 65 members of the Board."
Subsec. (d)(2)(F). Pub. L. 103-271, Sec. 5, added subpar. (F).
Subsec. (d)(3)(B). Pub. L. 103-271, Sec. 4(b)(2), substituted
"section 7101(a)" for "section 7103(d)".
Subsec. (e). Pub. L. 103-271, Sec. 4(b)(1), substituted "an
acting member" for "a temporary or acting member".
1991 - Pub. L. 102-40, Sec. 402(b)(1), renumbered section 4001 of
this title as this section.
Subsec. (a). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Pub. L. 102-54 amended subsec. (a) as in effect immediately
before the enactment of Pub. L. 102-40 by substituting "There is"
for "There shall be" and ". The Board is under the administrative"
for "under the administrative".
Subsec. (b)(2), (4). Pub. L. 102-83, Sec. 4(b)(1), (2)(E),
substituted "Secretary" for "Administrator" wherever appearing.
Subsec. (c)(1). Pub. L. 102-83, Sec. 4(a)(3), (4), substituted
"Department" for "Veterans' Administration".
Subsec. (c)(3). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator" in two places.
Pub. L. 102-83, Sec. 2(c)(3), substituted "section 529" for
"section 214".
Pub. L. 102-40, Sec. 402(d)(1), substituted "7102(a)(2)(A)(ii)"
for "4002(a)(2)(A)(ii)".
Subsec. (d)(1). Pub. L. 102-83, Sec. 4(b)(1), (2)(E), substituted
"Secretary" for "Administrator".
Pub. L. 102-83, Sec. 4(a)(3), (4), substituted "Department" for
"Veterans' Administration".
Subsec. (d)(3)(B). Pub. L. 102-40, Sec. 402(d)(1), substituted
"7103(d)" for "4003(d)".
1988 - Subsec. (a). Pub. L. 100-687, Sec. 202(b), inserted "and"
after "Vice Chairman," substituted "necessary in order to conduct
hearings and dispose of appeals properly before the Board in a
timely manner. The Board shall have" for "necessary, and", and
inserted provisions which required that Board have sufficient
personnel to conduct hearings and consider and dispose of appeals.
Subsec. (b). Pub. L. 100-687, Sec. 201(a), amended subsec. (b)
generally. Prior to amendment, subsec. (b) read as follows:
"Members of the Board (including the Chairman and Vice Chairman)
shall be appointed by the Administrator with the approval of the
President."
Subsec. (d). Pub. L. 100-687, Sec. 208, added subsec. (d).
Subsec. (e). Pub. L. 100-687, Sec. 209, added subsec. (e).
1984 - Subsec. (a). Pub. L. 98-223, Sec. 208(a), (c), substituted
"65" for "fifty" and struck out "associate" before "members".
Subsec. (c). Pub. L. 98-223, Sec. 208(b), added subsec. (c).
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.
EFFECTIVE DATE OF 1988 AMENDMENT
Amendment by section 201(a) of Pub. L. 100-687 effective Feb. 1,
1989, amendment by section 202(b) of Pub. L. 100-687 effective Jan.
1, 1989, and amendment by sections 208 and 209 of Pub. L. 100-687
effective Nov. 18, 1988, see section 401(b)-(d) of Pub. L. 100-687,
set out as an Effective Date note under section 7251 of this title.
BOARD OF VETERANS' APPEALS
Section 201(c), (d) of Pub. L. 100-687 provided that:
"(c) Transition to New Board. - (1) Appointments of members of
the Board of Veterans' Appeals under subsection (b)(2) of section
4001 [now 7101] of title 38, United States Code (as amended by
subsection (a)), may not be made until a Chairman is appointed
under subsection (b)(1) of that section.
"(2) An individual who is serving as a member of the Board on the
date of the enactment of this Act [Nov. 18, 1988] may continue to
serve as a member until the earlier of -
"(A) the date on which the individual's successor (as
designated by the Administrator) is appointed under subsection
(b)(2) of that section, or
"(B) the end of the 180-day period beginning on the day after
the date on which the Chairman is appointed under subsection
(b)(1) of such section.
"(d) Initial Terms of Office. - Notwithstanding the second
sentence of section 4001(b)(2) [now 7101(b)(2)] of title 38, United
States Code (as amended by subsection (a)), specifying the term for
which members of the Board of Veterans' Appeals shall be appointed,
of the members first appointed under that section -
"(A) 22 shall be appointed for a term of three years;
"(B) 22 shall be appointed for a term of six years; and
"(C) 22 shall be appointed for a term of nine years,
as determined by the Administrator [now Secretary] at the time of
the initial appointments."