Page:United States Statutes at Large Volume 102 Part 5.djvu/412

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 4418

PUBLIC LAW 100-690—NOV. 18, 1988 (1) in subparagraph (C), by striking out "term; and" and inserting "term;"; (2) in subparagraph (D), by inserting "and" after "consecutively;"; and (3) by adding at the end thereof the following: "(E) a determination under paragraphs (6) and (11) of section 35630)) of title 18;".

SEC. 7104. HIRING OUTSIDE COUNSEL.

Section 995(a) of title 28, United States Code, is amended by— (1) striking "and" at the end of paragraph (21); (2) striking the period at the end of paragraph (22) and inserting "; and"; and (3) adding at the end thereof the following: "(23) retain private attorneys to provide legal advice to the Commission in the conduct of its work, or to appear for or represent the Commission in any case in which the Commission is authorized by law to represent itself, or in which the Commission is representing itself with the consent of the Department of Justice; and the Commission may in its discretion pay reasonable attorney's fees to private attorneys employed by it out of its appropriated funds. When serving as officers or employees of the United States, such private attorneys shall be considered special government employees as defined in section 202(a) of title 18; and". SEC. 7105. POWERS OF THE COMMISSION.

Section 995(a)(2) of title 28, United States Code, is amended by striking "grade 18 of the General Schedule pay rates (5 U.S.C. 5332)" and inserting "Level 6 of the Senior Executive Service Schedule (5 U.S.C. 5382)". SEC. 7106. GRANTING INCENTIVE AWARDS.

(a) DEFINED AS AGENCY.—Section 4501(1) of title 5, United States Code, is amended by— (1) striking "and" at the end of subparagraph (F); (2) adding "and" at the end of subparagraph (G); and (3) adding at the end thereof the following: "(H) the United States Sentencing Commission;". (b) POWERS OF COMMISSION.—Section 995(a) of title 28, United States Code, is amended by adding at the end thereof the following"(24) grant incentive awards to its employees pursuant to chapter 45 of title 5, United States Code.". (c) INCENTIVE AWARDS.—Section 996(b) of title 28, United States Code, is amended by inserting before "81", the following: "45 (Incentive Awards),". SEC. 7107. TECHNICAL CORRECTION.

Section 3582(c) of title 18, United States Code, is amended by striking "28 U.S.C. 994(n)" and inserting "28 U.S.C. 994(o)". SEC. 7108. PROTECTION OF PUBLIC.

(a) CONDITIONS.—Section 3583(d) of title 18, United States Code, is amended— (1) in paragraph (1) by inserting "(a)(2)(C)," after "(a)(2)(B),", and (2) in paragraph (2) by inserting "(a)(2)(C)," after "(a)(2)(B),"