(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
(f)The Court may procure the services of experts and consultants under section
3109 of title
(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
(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.
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.
1999—Subsec. (g). Pub. L. 106–117amended 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. 105–368substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.
1991—Pub. L. 102–40renumbered section
4081 of this title as this section.
1989—Pub. L. 101–94amended 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
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–117effective Nov. 30, 1999, with savings provision for incumbent chief judge, see section 1036 ofPub. L. 106–117, set out as a note under section
7253 of this title.
Effective Date of 1998 Amendment
Amendment by Pub. L. 105–368effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 ofPub. L. 105–368, set out as a note under section
7251 of this title.
Effective Date of 1989 Amendment
Section 204(c) ofPub. L. 101–94provided 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) ofPub. L. 101–94, as amended by Pub. L. 105–368, title V, § 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.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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