Page:United States Statutes at Large Volume 92 Part 1.djvu/1185

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-454—OCT. 13, 1978 "§ 1209. Information "(a) Notwithstanding any other provision of law or any rule, regulation or policy directive, any member of the Board, or any employee of the Board designated by the Board, may transmit to the Congress on the request of any committee or subcommittee thereof, by report, testimony, or otherwise, information and views on functions, responsibilities, or other matters relating to the Board, without review, clearance, or approval by any other administrative authority. "(b) The Board shall submit an annual report to the President and the Congress on its activities, which shall include a description of significant actions taken by the Board to carry out its functions under this title. The report shall also review the significant actions of the Office of Personnel Management, including an analysis of whether the actions of the Office of Personnel Management are in accord with merit system principles and free from prohibited personnel practices.". (b) Any term of office of any member of the Merit Systems Protection Board serving on the effective date of this Act shall continue in effect until the term would expire under section 1102 of title 5, United States Code, as in effect immediately before the effective date of this Act, and upon expiration of the term, appointments to such office shall be made under sections 1201 and 1202 of title 5, United States Code (as added by this section). (c)(1) Section 5314(17) of title 5, United States Code, is amended b j striking out "Chairman of the United States Civil Service Commission" and inserting in lieu thereof "Chairman of the Merit Systems Protection Board". (2) Section 5315 (66) 9f such title is amended by striking out "Members, United States Civil Service Commission" and inserting in lieu thereof "Members, Merit Systems Protection Board". (3) Section 5315 of such title is further amended by adding at the end thereof the following new paragraph: "(123) Special Counsel of the Merit Systems Protection Board.". (4) Paragraph (99) of section 5316 of such title is hereby repealed. (d) The table of chapters for part II of title 5, United States Code, is amended by inserting after the item relating to chapter 11 the following new item: "12. Merit Systems Protection Board and Special Counsel 1201".

92 STAT. 1131 5 USC 1209.

Report to President and Congress,

5 USC 1201 note,

5 USC 5315.

5 USC 5316.

PERFORMANCE APPRAISAL

SEC. 203. (a) Chapter 43 of title 5, United States Code, is amended to read as follows: "CHAPTER 43—PERFORMANCE APPRAISAL "SUBCHAPTER I

GENERAL PROVISIONS

"Sec.

"4301. "4302. "4303. "4304. "4305.

Definitions. Establishment of performance appraisal systems. Actions based on unacceptable performance. Responsibilities of Office of Personnel Management. Regulations.

"§4301. Definitions "For the purpose of this subchapter— "(1) 'agency'means— "(A) an Executive agency;

39-194 O—80—pt. 1

75: QL3

5 USC 4501.