38 U.S.C. § 7268: Availability of proceedings

Summary

All decisions and papers filed in the Court of Appeals for Veterans Claims are open for the public to see, including hearing transcripts, unless the Court says otherwise. The Court can protect private or secret information and can seal documents so they are only opened when the Court allows. Once the Court’s decision is final, the Court may let the appellant or the Secretary take back original books, records, models, or exhibits if they ask, or the Court can decide what to do with them. The Court must make rules to protect privacy and security for paper and electronic filings, and those rules should match federal court practices and follow federal and state best practices.

Title 38, §7268

Veterans' Benefits, Source: USLM XML via OLRC

(a)Except as provided in subsection (b) of this section, all decisions of the Court of Appeals for Veterans Claims and all briefs, motions, documents, and exhibits received by the Court (including a transcript of the stenographic report of the hearings) shall be public records open to the inspection of the public.

(b)(1)The Court may make any provision which is necessary to prevent the disclosure of confidential information, including a provision that any such document or information be placed under seal to be opened only as directed by the Court.

(2)After the decision of the Court in a proceeding becomes final, the Court may, upon motion of the appellant or the Secretary, permit the withdrawal by the party entitled thereto of originals of books, documents, and records, and of models, diagrams, and other exhibits, submitted to the Court or the Court may, on its own motion, make such other disposition thereof as it considers advisable.

(c)(1)The Court shall prescribe rules, in accordance with section 7264(a) of this title, to protect privacy and security concerns relating to all filing of documents and the public availability under this subsection of documents retained by the Court or filed electronically with the Court.

(2)The rules prescribed under paragraph (1) shall be consistent to the extent practicable with rules addressing privacy and security issues throughout the Federal courts.

(3)The rules prescribed under paragraph (1) shall take into consideration best practices in Federal and State courts to protect private information or otherwise maintain necessary information security.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (c). Pub. L. 110–389 added subsec. (c). 1998—Subsec. (a). Pub. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”. 1991—Pub. L. 102–40 renumbered section 4068 of this title as this section. Subsec. (b)(2). Pub. L. 102–82 substituted “may, upon motion of the appellant or the Secretary,” for “shall” and “or the Court” for “before the Court”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1998 AmendmentAmendment 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.

§7268 Availability of Proceedings