103 STAT. 628 PUBLIC LAW 101-94—AUG. 16, 1989 TITLE III—TECHNICAL CORRECTIONS SEC. 301. EFFECTIVE DATE FOR NEW RULE FOR REOPENING BOARD OF VETERANS'APPEALS DISALLOWED CASES. Section 401(d) of the Veterans' Judicial Review Act (Public Law 38 USC 4051 100-687; 102 Stat. 4122) is amended to read as follows: note- "(d) BOARD OF VETERANS' APPEALS.— Sections 202, 203, 205, 206, and 207 shall take effect as of January 1, 1989. Section 204 shall take effect on September 1, 1989.". ^ SEC. 302. OTHER TECHNICAL AMENDMENTS. (a) CROSS-REFERENCE TO NEW SECTION.— Section 3301(b)(l) of title 38, United States Code, is amended by striking out "section 4009" and inserting in lieu thereof "section 3009 or 4009". (b) REVIEW OF COURT DECISIONS.— Section 4092(d)(l) of such title is amended by striking out "statute or". 38 USC 3301 (c) APPLICABILITY OF AMENDMENTS. —The amendments made by " 10*®. subsections (a) and (b) shall take effect as if included in the Veter- ans' Judicial Review Act. (d) REDESIGNATION OF DUPUCATE SECTION NUMBER.—(1) The sec- tion 223 of title 38, United States Code, added by section 203(b)(l) of the Veterans' Benefits and Services Act of 1988 (Public Law 100-322; 102 Stat. 509) is redesignated as section 224. (2) The item relating to that section in the table of sections at the beginning of chapter 3 of that title is revised to reflect the redesigna- tion made by paragraph (1). TITLE IV—MISCELLANEOUS PROVISIONS SEC. 401. NONCAREER APPOINTMENTS IN DEPARTMENT OF VETERANS AFFAIRS. Section 12(c)(2) of the Department of Veterans Affairs Act (Public 38 USC 201 note. Law 100-527; 102 Stat. 2642) is amended— (1) by inserting "(A)" before "any person"; and ' (2) by inserting before the period at the end the following: ", or (B) any person to (i) a Senior Executive Service position as a noncareer appointee, or (ii) a position which is excepted from the competitive service, on a temporary or permanent basis, , because of the confidential or policy-determining character of the position". , SEC. 402. ACTING CHIEF JUDGE IN EVENT OF VACANCY. Section 4054 of title 38, United States Code, is amended by adding at the end the following new subsection:
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