Page:United States Statutes at Large Volume 102 Part 2.djvu/595

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PUBLIC LAW 100-426—SEPT. 9, 1988

102 STAT. 1599

"(B) Within 60 days after the date referred to in subparagraph (A), the Comptroller General shall determine— "(i) with respect to the members under subparagraph (A)(i), which will have a term of 5 years and which will have a term of 6 years; and "(ii) with respect to the members under subparagraph (A)(ii), which will have a term of 6 years and which will have a term of 7 years. "(C) A term established for a member under this paragraph shall be measured— "(i) from the date on which the member was originally appointed; or "(ii) in the case of a member serving for the unexpired portion of a term, from the appointment date of the individual who was originally appointed to serve for such term.". SEC. 102. PAY RATES.

(a) GENERAL COUNSEL.—The second sentence of section 752(b)(2) is amended to read as follows: "The rate of basic pay of the General Counsel may be not more than the maximum rate of basic pay payable for grade GS-16 of the General Schedule.". (b) MEMBERS.—The first sentence of section 751(e) is amended to read as follows: "While carrying out a member's duties (including travel), a member who is not an officer or employee of the United States Government is entitled to basic pay at a rate equal to the daily rate of basic pay payable for grade GS-18 of the General Schedule.". SEC. 103. JUDICIAL REVIEW.

(a) JURISDICTION OF COURTS.—Section 755 is amended by striking "District of Columbia Circuit or by the court of appeals of the United States for the circuit in which the petitioner resides." and inserting "Federal Circuit.". (b) ATTORNEY'S FEES IN DISCRIMINATION CASES.—Section 755 as

amended by subsection (a), is further amended— (1) by inserting "(a)" immediately before the beginning of the first sentence; and (2) by adding at the end the following: "(b) If an officer, employee, or applicant for employment is the prevailing party in a proceeding under this section, and the decision is based on a finding of discrimination prohibited under section 732(f) of this title, attorney's fees may be allowed by the court in accordance with the standards prescribed under section 706(k) of the Civil Rights Act of 1964.". (c) APPLICABILITY.—Nothing in any of the amendments made by this section shall apply with respect to an appeal pending on the date of the enactment of this Act.

TITLE II—RETIREMENT AND ANNUITIES SEC. 201. ELIGIBILITY REQUIREMENTS FOR RETIREMENT.

Section 703(e)(1) is amended by striking "retires on becoming 70 years of age." and inserting "may retire after becoming 70 years of age and completing 10 years of service as Comptroller General or Deputy Comptroller General (as the case may be).".

31 USC 755 note,

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