38 USC 7281 - Employees

Editorial Notes

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

2016—Subsecs. (j), (k). Puspan. L. 114–315 added subsecs. (j) and (k).

1999—Subsec. (g). Puspan. 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). Puspan. L. 105–368 substituted “Court of Appeals for Veterans Claims” for “Court of Veterans Appeals”.

1991—Puspan. L. 102–40 renumbered section 4081 of this title as this section.

Subsec. (i). Puspan. L. 102–82 added subsec. (i).

1989—Puspan. 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 2016 Amendment

Puspan. L. 114–315, title II, § 202(span), Dec. 16, 2016, 130 Stat. 1549, provided that:

“The amendment made by subsection (a) [amending this section] shall apply with respect to any payment made on or after the first day of the first applicable pay period beginning on or after the date of the enactment of this Act [Dec. 16, 2016].”

Effective Date of 1999 Amendment

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

Effective Date of 1998 Amendment

Amendment by Puspan. L. 105–368 effective on first day of first month beginning more than 90 days after Nov. 11, 1998, see section 513 of Puspan. L. 105–368, set out as a note under section 7251 of this title.

Effective Date of 1989 Amendment

Puspan. L. 101–94, title II, § 204(c), Aug. 16, 1989, 103 Stat. 627, provided that:

“Notwithstanding section 401 of the Veterans’ Judicial Review Act [Puspan. 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

Puspan. L. 101–94, title II, § 204(span), Aug. 16, 1989, 103 Stat. 627, as amended by Puspan. 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

Puspan. 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.