[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 1546 Engrossed in Senate (ES)] 103d CONGRESS 2d Session S. 1546 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to revise certain administrative provisions relating to the United States Court of Veterans Appeals, and for other purposes. 103d CONGRESS 2d Session S. 1546 _______________________________________________________________________ AN ACT To amend title 38, United States Code, to revise certain administrative provisions relating to the United States Court of Veterans Appeals, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Court of Veterans Appeals Improvement Act of 1994''. SEC. 2. CONFIRMATION OF CHIEF JUDGE. Section 7253(b) of title 38, United States Code, is amended by striking out ``The judges'' and inserting in lieu thereof ``The chief judge and the associate judges''. SEC. 3. MAILING OF NOTICES OF APPEAL TO THE COURT OF VETERANS APPEALS. (a) In General.--Section 7266(a) of title 38, United States Code, is amended to read as follows: ``(a)(1) In order to obtain review by the Court of Veterans Appeals of a final decision of the Board of Veterans' Appeals, a person adversely affected by such decision shall file a notice of appeal with the Court within 120 days after the date on which notice of the decision is mailed pursuant to section 7104(e) of this title. ``(2) An appellant shall file a notice of appeal under this section by delivering or mailing the notice to the Court. ``(3) A notice of appeal shall be deemed to be received by the Court as follows: ``(A) On the date of receipt by the Court, if the notice is delivered. ``(B) On the date of the United States Post Service postmark stamped on the cover in which the notice is posted, if the notice is mailed. ``(4) For a notice of appeal mailed to the Court to be deemed to be received under paragraph (3)(B) on a particular date, the United States Postal Service postmark on the cover in which the notice is posted must be legible. The Court shall determine the legibility of any such postmark and the Court's determination as to legibility shall be final and not subject to review by any other Court.''. (b) Application.--The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to notices of appeal that are delivered or mailed to the United States Court of Veterans Appeals on or after that date. SEC. 4. CLARIFICATION OF PAYMENT OF ATTORNEY FEES UNDER CONTINGENT FEE AGREEMENTS. Section 5904(d)(2)(A) of title 38, United States Code, is amended to read as follows: ``(A) A fee agreement referred to in paragraph (1) of this subsection is one under which the total amount of the fee payable to the attorney (i) is to be paid to the attorney by the Secretary directly from any past-due benefits awarded on the basis of the claim, and (ii) is contingent on whether or not the matter is resolved in a manner favorable to the claimant.''. Passed the Senate March 25 (legislative day, February 22), 1994. Attest: Secretary.