The words “There is hereby established” are omitted as executed. The word “offices” is omitted as included in “positions”. The words “Executive Schedule” are substituted for “Federal Executive Salary Schedule”.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

1990—Pub. L. 101–509 struck out “(a)” before “The Executive Schedule, which” and struck out subsec. (b) which read as follows:

“(1) Not later than 180 days after the date of the enactment of theCivil Service Reform Act of 1978, the Director of theOffice of Personnel Management shall determine the number and classification of executive level positions in existence in the executive branch on that date of enactment, and shall publish the determination in the Federal Register. Effective beginning on the date of the publication, the number of executive level positions within the executive branch may not exceed the number published under this subsection.

“(2) For the purpose of this subsection, ‘executive level position’ means—

“(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 undersection 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 undersection 5316 of this title;

but does not include any Senior Executive Service position (as defined insection 3132(a) of this title) or any position in theFederal Bureau of Investigation andDrug Enforcement Administration Senior Executive Service.”

1988—Subsec. (a).Pub. L. 100–325, § 2(h)(1), inserted reference to positions inFederal Bureau of Investigation andDrug Enforcement Administration Senior Executive Service.

Subsec. (b)(2).Pub. L. 100–325, § 2(h)(2), substituted “(as defined insection 3132(a) of this title) or any position in theFederal Bureau of Investigation andDrug Enforcement Administration Senior Executive Service” for “, as defined insection 3132(a) of this title” in concluding provision.

1979—Subsec. (b)(1).Pub. L. 96–54 inserted “of theOffice of Personnel Management” after “Director”.

1978—Pub. L. 95–454, § 408(b)(1), inserted reference to Senior Executive Service positions.

Pub. L. 95–454, § 414(b)(1), designated existing provisions as subsec. (a) and added subsec. (b).

Amendment byPub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, afterNov. 5, 1990, see section 529 [title III, § 305] ofPub. L. 101–509, set out as a note undersection 5301 of this title.

Amendment byPub. L. 96–54 effectiveJuly 12, 1979, seesection 2(b) of Pub. L. 96–54, set out as a note undersection 305 of this title.

Amendment byPub. L. 95–454 effective 9 months afterOct. 13, 1978, and congressional review of provisions of sections 401 through 412 ofPub. L. 95–454, seesection 415 of Pub. L. 95–454, set out as an Effective Date note undersection 3131 of this title.

Section 414(b)(2) of Pub. L. 95–454 required President to transmit byJan. 1, 1980, a plan toCongress for authorizing executive level positions in executive branch.