124 STAT. 4064 PUBLIC LAW 111–366—JAN. 4, 2011 ‘‘(5) PROGRAMS.—The Tax Court may establish programs for employee evaluations, incentive awards, flexible work sched- ules, premium pay, and resolution of employee grievances. ‘‘(6) DISCRIMINATION PROHIBITED.—The Tax Court shall— ‘‘(A) prohibit discrimination on the basis of race, color, religion, age, sex, national origin, political affiliation, mar- ital status, or handicapping condition; and ‘‘(B) promulgate procedures for resolving complaints of discrimination by employees and applicants for employ- ment. ‘‘(7) EXPERTS AND CONSULTANTS.—The Tax Court may pro- cure the services of experts and consultants under section 3109 of title 5, United States Code. ‘‘(8) RIGHTS TO CERTAIN APPEALS RESERVED.—Notwith- standing any other provision of law, an individual who is an employee of the Tax Court on the day before the effective date of this subsection and who, as of that day, was entitled to— ‘‘(A) appeal a reduction in grade or removal to the Merit Systems Protection Board under chapter 43 of title 5, United States Code, ‘‘(B) appeal an adverse action to the Merit Systems Protection Board under chapter 75 of title 5, United States Code, ‘‘(C) appeal a prohibited personnel practice described under section 2302(b) of title 5, United States Code, to the Merit Systems Protection Board under chapter 77 of that title, ‘‘(D) make an allegation of a prohibited personnel prac- tice described under section 2302(b) of title 5, United States Code, with the Office of Special Counsel under chapter 12 of that title for action in accordance with that chapter, or ‘‘(E) file an appeal with the Equal Employment Oppor- tunity Commission under part 1614 of title 29 of the Code of Federal Regulations, shall continue to be entitled to file such appeal or make such an allegation so long as the individual remains an employee of the Tax Court. ‘‘(9) COMPETITIVE STATUS.—Notwithstanding any other provision of law, any employee of the Tax Court who has completed at least 1 year of continuous service under a non- temporary appointment with the Tax Court acquires a competi- tive status for appointment to any position in the competitive service for which the employee possesses the required qualifica- tions. ‘‘(10) MERIT SYSTEM PRINCIPLES, PROHIBITED PERSONNEL PRACTICES, AND PREFERENCE ELIGIBLES.—Any personnel management system of the Tax Court shall— ‘‘(A) include the principles set forth in section 2301(b) of title 5, United States Code; ‘‘(B) prohibit personnel practices prohibited under sec- tion 2302(b) of title 5, United States Code; and ‘‘(C) in the case of any individual who would be a preference eligible in the executive branch, provide pref- erence for that individual in a manner and to an extent Time period.
