Page:United States Statutes at Large Volume 92 Part 1.djvu/1233

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1179

" (A) any office or position in the civil service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions under section 5316 of this title, or "(B) any such office or position the rate of pay for which may be fixed by administrative action at a rate equal to or greater than the rate of basic pay payable for positions under section 5316 of this title; but does not include any Senior Executive Service position, as defined in section 3132(a) of this title.". (2) The President shall transmit to the Congress by January 1, 1980, a plan for authorizing executive level positions in the executive branch which shall include the maximum number of executive level positions necessary by level and a justification for the positions.

5 USC 5316.

Ante, p. 1155. Presidential transmittal to Congress. 5 USC 5311 note.

EFFECTIVE DATE; CONGRESSIONAL REVIEW

SEC. 415. (a)(1) The provisions of this title, other than sections 413 5 USC 3131 note, and 414(a), shall take effect 9 months after the date of the enactment of this Act. (2) The provisions of section 413 of this title shall take effect on the date of the enactment of this Act. (3) The provisions of section 414(a) of this title shall take effect 180 days after the date of the enactment of this Act. (b)(1) The amendments made by sections 401 through 412 of this title shall continue to have effect unless, during the first period of 60 calendar days of continuous session of the Congress begmning after 5 years after the effective date of such amendments, a concurrent resolution is introduced and adopted by the Congress disapproving the '"' continuation of the Senior Executive Service. Such amendments shall cease to have effect on the first day of the first fiscal year beginning after the date of the adoption of such concurrent resolution. (2) The continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period. (3) The provisions of subsections (d), (e), (f), (g), (h), (i), (j), and (k) of section 5305 of title 5, United States Code, shall apply with " respect to any concurrent resolution referred to in paragraph (1) of this subsection, except that for the purpose of this paragraph the reference in such subsection (e) to 10 calendar days shall be considered a reference to 30 calendar days. (4) Ihiring the 5-year period referred to in paragraph (1) of this subsection, the Director of the Office of Personnel Management shall include in each report required under section 3135 of title 5, United States Code (as added by this title) an evaluation of the effectiveness of the Senior Executive Service and the manner in which such Service is administered. TITLE V—MERIT PAY PAY FOR PERFORMANCE

SEC. 501. Part III of title 5, United States Code, is amended by inserting after chapter 53 the following new chapter:

39-194 O—80—pt. 1

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