Page:United States Statutes at Large Volume 104 Part 2.djvu/118

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104 STAT. 1098 PUBLIC LAW 101-474—OCT. 30, 1990 (ii) chapter 75 of title 5, United States Code, to the extent that they relate to adverse actions covered by such chapter; and (B) the Director may exempt from these procedures positions of a confidential or policy-determining character, not to exceed 4 percent of the authorized positions of the Administrative Office; (6) establish procedures for premium pay (including overtime), except that the Director may at his discretion implement flexible and compressed work schedules and may exempt the hours constituting such schedules from premium pay to the extent he deems necessary to implement such schedules; (7) include the principles set forth in section 2301(b) of title 5, United States Code; (8) prohibit personnel practices prohibited under section 2302(b) of title 5, United States Code; Civil rights. (9) prohibit discrimination on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or Regulations. handicapping condition; the Director must promulgate regula- Employment. tions providing procedures for resolving complaints of discrimination by employees and applicants for employment; (10) provide for the basic pay of not more than 5 percent of the authorized positions of the Administrative Office (excluding the positions referred to in section 603 of title 28, United States Code) to be set at rates not to exceed the rate of basic pay for positions at level IV of the Executive Schedule; the aggregate pay (including basic pay and incentive awards) of any individual whose basic pay is set under this subsection may not exceed the salary of the Director; and (11) in the case of any individual who would be a preference eligible in the executive branch, provide preference for that individual in a manner and to an extent consistent with pref- erence accorded to preference eligibles in the executive branch. (b) The Director may apply the provisions of sections 5723 and 6304(f) of title 5, United States Code, to the positions referred to in subsection (a)(10) and in section 603 of title 28, United States Code, including the Deputy Director. (c) The Director may provide for incentive awards for the positions referred to in section 603 of title 28, United States Code, including the Deputy Director, subject to the aggregate pay limitation in subsection (a)(10). (d) The Chief Justice of the United States or the Judicial Conference of the United States may grant incentive awards to the Director, except that the Director's aggregate pay for any fiscal year, including salary and incentive awards, may not exceed the salary of a United States circuit judge. The Chief Justice or the Judicial Conference may authorize application of section 5723 of title 5, United States Code, to the Director. (e) The Director may develop and conduct programs to meet the short- and long-range training needs of the agency. (f) Notwithstanding any other provision of law, an individual who is an employee of the Administrative Office on the day before the effective date of this section and who, as of that day, was entitled to— (1) appeal a reduction in grade or removal to the Merit Systems Protection Board under chapter 43 of title 5, United States Code,