38 U.S.C. § 7281 — Employees

Page 1143 TITLE 38—VETERANS’ BENEFITS § 7281 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 (a) Except as provided in subsection (b) of this section, all decisions of the Court of Appeals for Veterans Claims and all briefs, motions, docu- ments, and exhibits received by the Court (in- cluding 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 pro- ceeding becomes final, the Court may, upon mo- tion 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, sub- mitted to the Court or the Court may, on its own motion, make such other disposition there- of as it considers advisable. (c)(1) The Court shall prescribe rules, in ac- cordance with section 7264(a) of this title, to protect privacy and security concerns relating to all filing of documents and the public avail- ability under this subsection of documents re- tained 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 in- formation or otherwise maintain necessary in- formation security. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4117, § 4068; renumbered § 7268, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 102–82, § 8(2), Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 110–389, title VI, § 602, Oct. 10, 2008, 122 Stat. 4177.) 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 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. § 7269. Publication of decisions (a) The Court of Appeals for Veterans Claims shall provide for the publication of decisions of the Court in such form and manner as may be best adapted for public information and use. The Court may make such exceptions, or may au- thorize the chief judge to make such exceptions, to the requirement for publication in the pre- ceding sentence as may be appropriate. (b) Such authorized publication shall be com- petent evidence of the decisions of the Court of Appeals for Veterans Claims therein contained in all courts of the United States and of the sev- eral States without any further proof or authen- tication thereof. (c) Such publications shall be subject to sale in the same manner and upon the same terms as other public documents. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4069; renumbered § 7269, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; amended Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341.) Editorial Notes AMENDMENTS 1998—Subsecs. (a), (b). Pub. L. 105–368 substituted ‘‘Court of Appeals for Veterans Claims’’ for ‘‘Court of Veterans Appeals’’. 1991—Pub. L. 102–40 renumbered section 4069 of this title as this section. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER III—MISCELLANEOUS PROVISIONS § 7281. Employees (a) The Court of Appeals for Veterans Claims may appoint a clerk without regard to the pro- visions 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 provi- sions of title 5 governing appointments in the competitive service. Any such law clerk or sec- retary shall serve at the pleasure of the appoint- ing judge. (c) The clerk, with the approval of the Court, may appoint necessary deputies and employees without regard to the provisions of title 5 gov- erning 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 sec- tion 5373 of title 5. To the maximum extent fea- sible, the Court shall compensate employees at rates consistent with those for employees hold- ing comparable positions in the judicial branch. (e) In making appointments under subsections (a) through (c) of this section, preference shall Page 1144 TITLE 38—VETERANS’ BENEFITS § 7282 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 ex- perts 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) serv- ices, including services as authorized by section 3102(b) of title 5 and may accept, hold, admin- ister, and utilize gifts and bequests of personal property for the purposes of aiding or facili- tating the work of the Court. Gifts or bequests of money to the Court shall be covered into the Treasury. (j) For purposes of chapter 87 of title 5, a judge who is in regular active service and a judge who is retired under section 7296 of this title or under chapter 83 or 84 of title 5 shall be treated as an employee described in section 8701(a)(5) of title 5. (k) Notwithstanding any other provision of law, the Court may pay on behalf of its judges, who are age 65 or older, any increase in the cost of Federal Employees’ Group Life Insurance im- posed after April 24, 1999, including any expenses generated by such payments, as authorized by the chief judge of the Court in a manner con- sistent with such payment authorized by the Ju- dicial Conference of the United States pursuant to section 604(a)(5) of title 28. (Added Pub. L. 100–687, div. A, title III, § 301(a), Nov. 18, 1988, 102 Stat. 4118, § 4081; amended Pub. L. 101–94, title II, § 204(a), Aug. 16, 1989, 103 Stat. 627; renumbered § 7281, Pub. L. 102–40, title IV, § 402(b)(1), May 7, 1991, 105 Stat. 238; Pub. L. 102–82, § 7, Aug. 6, 1991, 105 Stat. 377; Pub. L. 105–368, title V, § 512(a)(1), Nov. 11, 1998, 112 Stat. 3341; Pub. L. 106–117, title X, § 1035(1), Nov. 30, 1999, 113 Stat. 1595; Pub. L. 114–315, title II, § 202(a), Dec. 16, 2016, 130 Stat. 1549.) 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). Pub. L. 114–315 added subsecs. (j) and (k). 1999—Subsec. (g). Pub. L. 106–117 amended subsec. (g) generally. Prior to amendment, subsec. (g) read as fol- lows: ‘‘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.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2016 AMENDMENT Pub. L. 114–315, title II, § 202(b), Dec. 16, 2016, 130 Stat. 1549, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply with re- spect 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 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 Pub. L. 101–94, title II, § 204(c), Aug. 16, 1989, 103 Stat. 627, 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 sub- section (a), shall take effect on the date of the enact- ment of this Act [Aug. 16, 1989].’’ LIMITATION ON CONVERSION OF EMPLOYEES TO COMPETITIVE SERVICE Pub. L. 101–94, title II, § 204(b), Aug. 16, 1989, 103 Stat. 627, 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 NON- COMPETITIVE CONVERSION TO POSITION IN COMPETI- TIVE SERVICE; PROCUREMENT OF EXPERTS AND CON- SULTANTS Pub. L. 101–45, title I, June 30, 1989, 103 Stat. 113, au- thorized United States Court of Veterans Appeals, dur- ing fiscal year 1989, to appoint not to exceed 35 employ- ees to positions in competitive service if certain re- quirements were met and to procure services of experts and consultants. § 7282. Budget and expenditures (a) The budget of the Court of Appeals for Vet- erans Claims as submitted by the Court for in- clusion in the budget of the President for any fiscal year shall be included in that budget with- out review within the executive branch. (b) The Court may make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and peri- odicals) as may be necessary to execute effi- ciently the functions vested in the Court.