Page:United States Statutes at Large Volume 103 Part 1.djvu/655

 PUBLIC LAW 101-94—AUG. 16, 1989 103 STAT. 627 period is later than the date that would otherwise be applicable under such section. SEC. 203. INTERIM RULES OF THE COURT. 38 USC 4064 The Federal Rules of Appellate Procedure (28 U.S.C. App.) shall "°^* be the interim rules of the United States Court of Veterans Appeals ^. unless otherwise provided by the Court in accordance with chapter '.',/ 72 of title 38, United States Code. If there is a conflict between a provision of the Federal Rules of Appellate Procedure and the procedures set forth in chapter 72 of title 38, United States Code, the procedures set forth in such chapter shall apply. SEC. 204. EMPLOYEES OF THE COURT. (a) EMPLOYMENT AUTHORITY.—Section 4081 of title 38, United States Code, is amended to read as follows: " §4081. Employees "(a) The Court of Veterans Appeals may appoint a clerk without A^t 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 secretar- ies, 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 com- pensate 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 associate judges of the Court. "(h) The Court shall not be considered to be an agency within the meaning of section 3132(a)(l) of title 5.". (b) LIMITATION ON CONVERSION OF EMPLOYEES TO COMPETITIVE 38 USC 4081 SERVICE. —Notwithstanding clause (1)(A) of the proviso under the note, heading "Court of Veterans Appeals" in chapter XI of Public Law 101-45, no employee of the United States Court of Veterans Appeals may be converted to the competitive service without the approval of the Court. (c) EFFECTIVE DATE. —Notwithstanding section 401 of the Veter- 38 USC 4081 ans' Judicial Review Act, the authority provided by section 4081 of note. title 38, United States Code, as amended by subsection (a), shall take effect on the date of the enactment of this Act.

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