Page:United States Statutes at Large Volume 113 Part 2.djvu/1095

 PUBLIC LAW 106-113—APPENDIX I 113 STAT. 1501A-577 and individual goals in key operational areas as delineated in an annual performance plan agreed to by the Commissioners and the Secretary. Pajment of a bonus under this subparagraph may be made to the Commissioners only to the extent that such payment does not cause the Commissioners' total aggregate compensation in a calendar year to equal or exceed the amount of the salary of the Vice President under section 104 of title 3, United States Code. "(C) REMOVAL. — The Commissioners may be removed from office by the Secretary for misconduct or nonsatisfactory performance under the performance agreement described in subparagraph (B), without regard to the provisions of title 5, United States Code. The Secretary shall provide notification of any such removal to both Houses of Congress. "(3) OTHER OFFICERS AND EMPLOYEES. — The Director shall— "(A) appoint such officers, employees (including attorneys), and agents of the Office as the Director considers necessary to carry out the functions of the Office; and "(B) define the title, authority, and duties of such officers and employees and delegate to them such of the powers vested in the Office as the Director may determine. The Office shall not be subject to any administratively or statutorily imposed limitation on positions or personnel, and no positions or personnel of the Office shall be taken into account for purposes of applying any such limitation. "(4) TRAINING OF EXAMINERS.—The Office shall submit to the Congress a proposal to provide an incentive program to retain as employees patent and trademark examiners of the primary examiner grade or higher who are eligible for retirement, for the sole purpose of training jjatent and trademark examiners. "(5) NATIONAL SECURITY POSITIONS. — The Director, in consultation with the Director of the Office of Personnel Management, shall maintain a program for identifying national security positions and providing for appropriate security clearances, in order to maintain the secrecy of certain inventions, as descriljed in section 181, and to prevent disclosure of sensitive and strategic information in the interest of national security. " (c) CONTINUED APPLICABILITY OF TITLE 5, UNITED STATES CODE.— Officers and employees of the Office shall be subject to the provisions of title 5, United States Code, relating to Federal employees. "(d) ADOPTION OF EXISTING LABOR AGREEMENTS. — The Office shall adopt all labor agreements which are in effect, as of the day before the effective date of the Patent and Trademark Office Efficiency Act, with respect to such Office (as then in effect). " (e) CARRYOVER OF PERSONNEL.— "(1) FROM PTO. —Effective as of the effective date of the Patent and Trademark Office Efficiency Act, all officers and employees of the Patent and Trademsirk Office on the day before such effective date shall become officers and employees of the Office, without a break in service. "(2) OTHER PERSONNEL. — Any individual who, on the day before the effective date of the Patent and Trademark Office

�