Administrative Office of the United States Courts Personnel Act of 1990
PL 101-474 (H.R.4174), enacted 10/30/1990

PUBLIC LAW 101-474—OCT. 30, 1990 
104 STAT. 1097 
Public Law 101-474 
101st Congress 
An Act 
To establish a comprehensive personnel system for employees of the Administrative 
Office of the United States Courts, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the "Administrative Office of the United 
States Courts Personnel Act of 1990". 
SEC. 
2
. 
GENERAL 
PERSONNEL 
AUTHORITY. 
The Director of the Administrative Office of the United States 
Courts (hereinafter in this Act referred to as the "Director") may 
appoint, fix the compensation of, assign, and direct such personnel 
as the Director determines necessary to discharge the duties and 
functions of the Administrative Office. 
SEC. 3. ESTABLISHMENT OF PERSONNEL MANAGEMENT SYSTEM. 
(a) The Director shall, by regulation, establish a personnel 
management system for the Administrative Office which provides 
for the appointment, pay, promotion, and assignment of all employ-
ees on the basis of merit, but without regard to the provisions of title 
5, United States Code, governing appointments and other personnel 
actions in the competitive service, or the provisions of chapter 51 
and subchapter III of chapter 53 of such title, relating to classifica-
tion and General Schedule pay rates. The system shall apply to all 
Administrative Office employees except those referred to in section 
603 of title 28, United States Code, and shall, at a minimum— 
(1) provide for a schedule of pay rates applicable to all employ-
ees; except as provided in paragraph (10), the basic pay of any 
person appointed under this section shall not exceed the rate of 
basic pay for level V of the Executive Schedule; 
(2) incorporate pay comparability principles as set forth in 
section 5301(a) of title 5, United States Code; 
(3) provide for the adjustment of the pay of employees at the 
same time and in the same percentage amount as rates of basic 
pay are adjusted for General Schedule and prevailing rate 
employees, as appropriate; 
(4) establish procedures for employee evaluations, the grant-
ing of periodic pay adjustments, incentive awards, and resolu-
tion of employee grievances; 
(5) establish procedures for disciplinary actions, including 
reduction in grade or pay, suspension, and removal, based on 
unacceptable performance or misconduct, except that— 
(A) such procedures shall be consistent with— 
(i) section 4303 of title 5, United States Code, to the 
extent that they relate to adverse actions based on 
unacceptable performance; and 
Oct. 30, 1990 
[H.R. 4174] 
Administrative 
Office of the 
United States 
Courts 
Personnel Act of 
1990. 
28 u s e 602 note. 
28 u s e 602 note. 
28 u s e 602 note. 
Regulations. 
Wages. 
49-139 O - 90 (474) 
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 posi-
tions 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 flexi-
ble 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 discrimi-
nation 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 £ind 
6304(f) of title 5, United States Code, to the positions referred to in 
subsection (aXlO) 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 (aXlO). 
(d) The Chief Justice of the United States or the Judicial Con-
ference 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, 
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 Emplojrment 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 subsec-
tion (aXlO). 
(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 Emplo3nnent Opportunity Commis-
sion, 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 com-
petitive 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) £is paragraph (2). 
(d) Section 2302(aX2XC) of title 5, United States Code, is amended 
by striking ", the Administrative Office of the United States 
Courts,". 
104 STAT. 1100 
PUBLIC LAW 101-474—OCT. 30, 1990 
(e) Section 4301(1) of title 5, United States Code, is amended— 
(1) by inserting "and" at the end of subparagraph (A); 
(2) by striking subparagraph (B); and 
(3) by redesignating subparagraph (C) as subparagraph (B). 
(f) Section 4501(1) of title 5, United States Code, is amended by 
striking subparagraph (B) and redesignating subparagraphs (C) 
through (H) as subparagraphs (B) through (G), respectively. 
(g) Section 4701(a)(1) of title 5, United States Code, is amended by 
striking ", the Administrative Office of the United States Courts,". 
(h) Section 5102(aXl) of title 5, United States Code, is amended by 
striking subparagraph (B) and redesignating subparagraphs (C) 
through (G) as subparagraphs (B) through (F), respectively. 
(i) Section 5108(c) of title 5, United States Code, is amended by 
striking paragraph (1) and redesignating paragraphs (2) and (3) as 
paragraphs (1) and (2), respectively. 
(j) Section 5349(a) of title 5, United States Code, is amended by 
striking "the Administrative Office of the United States Courts,". 
(k)(l) Section 5595(a)(1) of title 5, United States Code, is 
amended— 
(A) by striking "and" at the end of subparagraph (C); and 
(B) by adding after subparagraph (D) the following: 
"(E) the Administrative Office of the United States 
Courts, the Federal Judicial Center, and the courts named 
by section 610 of title 28; and". 
(2) Section 5595(b) of title 5, United States Code, is amended by 
adding at the end the following: "However, the Director of the 
Administrative Office of the United States Courts may prescribe 
regulations to effect the application and operation of this section to 
the agencies specified in subsection (aXl)(E) of this section.". 
(1X1) Section 5596(a)(2) of title 5, United States Code, is amended 
by striking "Courts;" and inserting "Courts, the Federal Judicial 
Center, and the courts named by section 610 of title 28;". 
(2) Section 5596(c) of title 5, United States Code, is amended by 
striking "employees." and inserting "employees, or to the agencies 
specified in subsection (a)(2) of this section.". 
(m) Clause (v) of section 8331(1) of title 5, United States Code, is 
amended to read as follows: 
"(v) an employee of the Administrative Office of the 
United States Courts, the Federal Judicial Center, or a 
court named by section 610 of title 28, excluded by the 
Director of the Administrative Office under section 8347(o) 
of this title;", 
(n) Section 8347 of title 5, United States Code, is amended by 
adding at the end the following: 
"(p) The Director of the Administrative Office of the United States 
Courts may exclude from the operation of this subchapter an em-
ployee of the Administrative Office of the United States Courts, the 
Federal Judicial Center, or a court named by section 610 of title 28, 
whose emplo3rment is temporary or of uncertain duration.". 
(o) Section 8401(ll)(i)(I) of title 5, United States Code, is amended 
by striking "(v),". 
(p) Section 8402(c) of title 5, United States Code, is amended by 
adding at the end the following: 
"(7) The Director of the Administrative Office of the United States 
Courts may exclude from the operation of this chapter an employee 
of the Administrative Office of the United States Courts, the Federal 
PUBLIC LAW 101-474—OCT. 30, 1990 
104 STAT. 1101 
Judicial Center, or a court named by section 610 of title 28, whose 
employment is temporary or of uncertain duration.". 
(q) Section 602(b) of title 28, United States Code, is amended by 
striking "604(a)(15XB)" and inserting "604(a)(16XB)". 
(r) Section 402(aXl) of the Judicial Improvements and Access to 
Justice Act (102 Stat. 4650) is amended by striking "redesignating 28USC604. 
paragraph (18)" and inserting "redesignating paragraph (19)". 
SEC. 6. AUTHORIZATION. 
28 USC 602 note. 
There are authorized to be appropriated for fiscal year 1990 and 
for each fiscal year thereafter such sums as may be necessary to 
carry out the provisions of this Act. 
Approved October 30, 1990. 
LEGISLATIVE HISTORY—H.R. 4174: 
HOUSE REPORTS: No. 101-770, Pt. 1 (Ck)mm. on Post Office and Civil Service). 
CONGRESSIONAL RECORD, Vol. 136 (1990): 
Oct. 1, considered and passed House. 
Oct. 11, considered and passed Senate.