
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 38USC7281]

 
                      TITLE 38--VETERANS' BENEFITS
 
              PART V--BOARDS, ADMINISTRATIONS, AND SERVICES
 
     CHAPTER 72--UNITED STATES COURT OF APPEALS FOR VETERANS CLAIMS
 
                SUBCHAPTER III--MISCELLANEOUS PROVISIONS
 
Sec. 7281. Employees

    (a) The Court of Appeals for Veterans Claims may appoint a clerk 
without regard to the provisions of title 5 governing appointments in 
the competitive service. The clerk shall serve at the pleasure of the 
Court.
    (b) The judges of the Court may appoint law clerks and secretaries, 
in such numbers as the Court may approve, without regard to the 
provisions of title 5 governing appointments in the competitive service. 
Any such law clerk or secretary shall serve at the pleasure of the 
appointing judge.
    (c) The clerk, with the approval of the Court, may appoint necessary 
deputies and employees without regard to the provisions of title 5 
governing appointments in the competitive service.
    (d) The Court may fix and adjust the rates of basic pay for the 
clerk and other employees of the Court without regard to the provisions 
of chapter 51, subchapter III of chapter 53, or section 5373 of title 5. 
To the maximum extent feasible, the Court shall compensate employees at 
rates consistent with those for employees holding comparable positions 
in the judicial branch.
    (e) In making appointments under subsections (a) through (c) of this 
section, preference shall be given, among equally qualified persons, to 
persons who are preference eligibles (as defined in section 2108(3) of 
title 5).
    (f) The Court may procure the services of experts and consultants 
under section 3109 of title 5.
    (g) The chief judge of the Court may exercise the authority of the 
Court under this section whenever there are not at least two other 
judges of the Court.
    (h) The Court shall not be considered to be an agency within the 
meaning of section 3132(a)(1) of title 5.
    (i) The Court may accept and utilize voluntary services and 
uncompensated (gratuitous) services, including services as authorized by 
section 3102(b) of title 5 and may accept, hold, administer, and utilize 
gifts and bequests of personal property for the purposes of aiding or 
facilitating the work of the Court. Gifts or bequests of money to the 
Court shall be covered into the Treasury.

(Added Pub. L. 100-687, div. A, title III, Sec. 301(a), Nov. 18, 1988, 
102 Stat. 4118, Sec. 4081; amended Pub. L. 101-94, title II, 
Sec. 204(a), Aug. 16, 1989, 103 Stat. 627; renumbered Sec. 7281, Pub. L. 
102-40, title IV, Sec. 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 
102-82, Sec. 7, Aug. 6, 1991, 105 Stat. 377; Pub. L. 105-368, title V, 
Sec. 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106-117, title X, 
Sec. 1035(1), Nov. 30, 1999, 113 Stat. 1595.)

                       References in Text

    The provisions of title 5 governing appointment in the competitive 
service, referred to in subsecs. (a) to (c), are classified generally to 
section 3301 et seq. of Title 5, Government Organization and Employees.


                               Amendments

    1999--Subsec. (g). Pub. L. 106-117 amended subsec. (g) generally. 
Prior to amendment, subsec. (g) read as follows: ``The Chief Judge of 
the Court may exercise the authority of the Court under this section 
whenever there are not at least two associate judges of the Court.''
    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 4081 of this title as this 
section.
    Subsec. (i). Pub. L. 102-82 added subsec. (i).
    1989--Pub. L. 101-94 amended section generally. Prior to amendment, 
section read as follows: ``The Court of Veterans Appeals may appoint 
such employees as may be necessary to execute the functions vested in 
the Court. Such appointments shall be made in accordance with the 
provisions of title 5 governing appointment in the competitive service, 
except that the Court may classify such positions based upon the 
classification of comparable positions in the judicial branch. The basic 
pay of such employees shall be fixed in accordance with subchapter III 
of chapter 53 of title 5.''


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-117 effective Nov. 30, 1999, with savings 
provision for incumbent chief judge, see section 1036 of Pub. L. 106-
117, set out as a note under section 7253 of this title.


                    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 1989 Amendment

    Section 204(c) of Pub. L. 101-94 provided that: ``Notwithstanding 
section 401 of the Veterans' Judicial Review Act [Pub. L. 100-687, set 
out as an Effective Date note under section 7251 of this title], the 
authority provided by section 4081 [now 7281] of title 38, United States 
Code, as amended by subsection (a), shall take effect on the date of the 
enactment of this Act [Aug. 16, 1989].''


      Limitation on Conversion of Employees to Competitive Service

    Section 204(b) of Pub. L. 101-94, as amended by Pub. L. 105-368, 
title V, Sec. 512(c), Nov. 11, 1998, 112 Stat. 3342, provided that: 
``Notwithstanding clause (1)(A) of the proviso under the heading `Court 
of Veterans Appeals' in chapter XI of [title I of] Public Law 101-45 
[formerly set out below], no employee of the United States Court of 
Appeals for Veterans Claims may be converted to the competitive service 
without the approval of the Court.''


   Appointment of Employees Eligible for Noncompetitive Conversion to 
 Position in Competitive Service; Procurement of Experts and Consultants

    Pub. L. 101-45, title I, June 30, 1989, 103 Stat. 113, authorized 
United States Court of Veterans Appeals, during fiscal year 1989, to 
appoint not to exceed 35 employees to positions in competitive service 
if certain requirements were met and to procure services of experts and 
consultants.

                  Section Referred to in Other Sections

    This section is referred to in title 5 section 2302.
