Page:United States Statutes at Large Volume 104 Part 2.djvu/119
PUBLIC LAW 101-474—OCT. 30, 1990 104 STAT. 1099 (2) appeal an adverse action to the Merit Systems Protection Board under chapter 75 of title 5, United States Code, or (3) file an appeal with the Equal Employment Opportunity Commission under part 1613 of title 29 of the Code of Federal Regulations, shall continue to be entitled to file such appeal so long as the individual remains an employee of the Administrative Office, except that this provision shall not apply to employees in positions referred to in section 603 of title 28, United States Code, or in positions of a confidential or policy-determining character referred to in subsection (a)(10). (g) Nothing in this Act shall be construed to abolish or diminish any right or remedy granted to employees of or applicants for employment in the Administrative Office by any law prohibiting discrimination in Federal employment on the basis of race, color, religion, age, sex, national origin, political affiliation, marital status, or handicapping condition, except that, with respect to any such employees and applicants for employment, any authority granted under any such law to the Equal Emplo3ment Opportunity Commission, the Office of Personnel Management, the Merit Systems Protection Board, or any other agency in the executive branch, shall be exercised by the Administrative Office. SEC. 4. NONCOMPETITIVE APPOINTMENTS. 28 USC 602 note. (a) Notwithstanding any other provision of law, any employee of the Administrative Office who has completed at least 1 year of continuous service under a nontemporary appointment under the personnel system established pursuant to section 3 acquires a competitive status for appointment to any position in the competitive service for which the employee possesses the required qualifications. Qo) A period of continuous service performed as a nontemporary employee of the Administrative Office immediately before the personnel system under section 3 takes effect shall, for purposes of subsection (a), be treated as if it had been performed under such system. SEC. 5. TECHNICAL AND CONFORMING AMENDMENTS. (a) Section 602(a) of title 28, United States Code, is amended to read as follows: "(a) The Director shall appoint and fix the compensation of nee- Wages. essary employees of the Administrative Office in accordance with the Administrative Office of the United States Courts Personnel Act of 1990.". OJ) Section 603 of title 28, United States Code, is amended by striking "of the Deputy Director and" and by inserting after the first sentence the following: "Notwithstanding any other provision of law, the Director shall not be deemed to be an 'employee' for the Wages. purpose of subchapter I of chapter 63 of title 5. The salary of the Deputy Director shall be 92 percent of the salary of the Director.". (c) Section 2301(a) of title 5, United States Code, is amended— (1) by inserting "and" at the end of paragraph (1); (2) by striking parg^aph (2); and (3) by redesignating paragraph (3) as paragraph (2). (d) Section 2302(a)(2)(C) of title 5, United States Code, is amended by striking ", the Administrative Office of the United States Courts,".