
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5108]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                       CHAPTER 51--CLASSIFICATION
 
Sec. 5108. Classification of positions above GS-15

    (a) The Office of Personnel Management may, for any Executive 
agency--
        (1) establish, and from time to time revise, the maximum number 
    of positions which may at any one time be classified above GS-15; 
    and
        (2) establish standards and procedures (including requiring 
    agencies, where necessary in the judgment of the Office, to obtain 
    the prior approval of the Office) in accordance with which positions 
    may be classified above GS-15.

    (b) The President, rather than the Office, shall exercise the 
authority under subsection (a) in the case of positions proposed to be 
placed in the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 89-632, Sec. 1(a)-
(d), Oct. 8, 1966, 80 Stat. 878; Pub. L. 90-83, Sec. 1(12), Sept. 11, 
1967, 81 Stat. 197; Pub. L. 91-187, Sec. 1, Dec. 30, 1969, 83 Stat. 850; 
Pub. L. 91-206, Sec. 5(a), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91-596, 
Sec. 30, Dec. 29, 1970, 84 Stat. 1619; Pub. L. 91-644, title I, Sec. 11, 
Jan. 2, 1971, 84 Stat. 1889; Pub. L. 91-656, Sec. 9, Jan. 8, 1971, 84 
Stat. 1955; Pub. L. 91-261, Sec. 12, Mar. 24, 1972, 86 Stat. 112; Pub. 
L. 90-351, title I, Sec. 506(c), as added Pub. L. 93-83, Sec. 2, Aug. 6, 
1973, 87 Stat. 211; Pub. L. 93-282, title III, Sec. 301, May 14, 1974, 
88 Stat. 137; Pub. L. 93-406, title I, Sec. 507(b), title II, 
Sec. 1051(b)(2), title IV, Sec. 4002(c), Sept. 2, 1974, 88 Stat. 894, 
951, 1005; Pub. L. 93-415, title II, Sec. 201(g), Sept. 7, 1974, 88 
Stat. 1113; Pub. L. 93-463, title IV, Sec. 410, Oct. 23, 1974, 88 Stat. 
1414; Pub. L. 93-516, title II, Sec. 208(b), Dec. 7, 1974, 88 Stat. 
1629; Pub. L. 93-651, title II, Sec. 208(b), Nov. 21, 1974, 89 Stat. 2-
14; Pub. L. 94-183, Sec. 2(14), (15), Dec. 31, 1975, 89 Stat. 1057; Pub. 
L. 94-233, Sec. 13, Mar. 15, 1976, 90 Stat. 233; Pub. L. 94-503, title 
II, Sec. 202(a), Oct. 15, 1976, 90 Stat. 2426; Pub. L. 95-91, title VII, 
Sec. 710(b), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95-190, Sec. 11(a), 
Nov. 16, 1977, 91 Stat. 1398; Pub. L. 95-219, Sec. 3(c), Dec. 28, 1977, 
91 Stat. 1614; Pub. L. 95-251, Sec. 1, Mar. 27, 1978, 92 Stat. 183; Pub. 
L. 95-454, title IV, Sec. 414(a)(1)(A), (C), (D), Oct. 13, 1978, 92 
Stat. 1177; Pub. L. 95-486, Sec. 10, Oct. 20, 1978, 92 Stat. 1634; Pub. 
L. 95-563, Sec. 14(g), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 95-612, 
Sec. 3(b), Nov. 8, 1978, 92 Stat. 3091; Pub. L. 95-624, Sec. 22, Nov. 9, 
1978, 92 Stat. 3466; Pub. L. 95-630, title V, Sec. 502(c), Nov. 10, 
1978, 92 Stat. 3681; Pub. L. 96-54, Sec. 2(a)(23), Aug. 14, 1979, 93 
Stat. 382; Pub. L. 96-191, Sec. 8(c), Feb. 15, 1980, 94 Stat. 33; Pub. 
L. 100-325, Sec. 2(g), May 30, 1988, 102 Stat. 581; Pub. L. 100-702, 
title I, Sec. 104(c)(2), Nov. 19, 1988, 102 Stat. 4645; Pub. L. 101-474, 
Sec. 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101-509, title V, 
Sec. 529 [title I, Sec. 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443; 
Pub. L. 102-378, Sec. 2(23), Oct. 2, 1992, 106 Stat. 1348.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a), (b), (c) (1)-   5 U.S.C. 1105(a)-(h), (j)-    Oct. 28, 1949, ch.
 (7), (d).            (l).                          782, Sec.  505, 63
                                                    Stat. 959.
                                                   Sept. 1, 1954, ch.
                                                    1208, Sec.  101(a),
                                                    68 Stat. 1105.
                     ............................  June 28, 1955, ch.
                                                    189, Sec.  12(a), 69
                                                    Stat. 179.
                     ............................  July 31, 1956, ch.
                                                    804, Sec.  502, 70
                                                    Stat. 762.
                     ............................  Aug. 14, 1957, Pub.
                                                    L. 85-136, 71 Stat.
                                                    352.
                     ............................  June 20, 1958, Pub.
                                                    L. 85-462, Secs.  10
                                                    (less ``(i)''), 11,
                                                    72 Stat. 213, 213A.
                     ............................  Sept. 23, 1959, Pub.
                                                    L. 86-370, Sec.
                                                    2(a), (b), 73 Stat.
                                                    650.
                     ............................  Sept. 23, 1959, Pub.
                                                    L. 86-377, Sec.
                                                    1(a), 73 Stat. 700.
                     ............................  July 1, 1960, Pub. L.
                                                    86-568, Sec.  203,
                                                    74 Stat. 305.
                     ............................  Sept. 26, 1961, Pub.
                                                    L. 87-322, Sec.  1,
                                                    75 Stat. 685.
                     ............................  Oct. 4, 1961, Pub. L.
                                                    87-367, Secs.
                                                    102(a), (b), 103(1),
                                                    75 Stat. 786, 787.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    606, 76 Stat. 848.
                     ............................  Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    103(b), 78 Stat.
                                                    402.
(c)(8).............  5 U.S.C. 298a.                July 7, 1955, ch.
                                                    279, Sec.  201 (2d
                                                    proviso on p. 273),
                                                    69 Stat. 273.
                     ............................  Oct. 11, 1962, Pub.
                                                    L. 87-793, Sec.
                                                    607(b), 76 Stat.
                                                    850.
(c)(9).............  45 U.S.C. 228j(b)(4) (4th     Sept. 6, 1958, Pub.
                      sentence).                    L. 85-927, Sec.  3,
                                                    72 Stat. 1781.
------------------------------------------------------------------------

    The section is reorganized for clarity.
    In subsection (a)(2), the date ``October 4, 1961'' is substituted 
for ``the date of enactment of this subparagraph''.
    Subsection (c)(6) is added on authority of section 302 of the Act of 
July 29, 1958, Pub. L. 85-568, 72 Stat. 433, 42 U.S.C. 2453, and 
Transfer Plan, effective March 15, 1960, 25 F.R. 2151, section 2(c) of 
which in effect transferred from the Department of Defense to the 
National Aeronautics and Space Administration 5 of the 372 positions 
authorized to be placed in GS-16, 17, and 18 pursuant to section 1(a) of 
the Act of Sept. 23, 1959, Pub. L. 86-377, 73 Stat. 700.
    In subsection (c)(8), the words ``on and after July 7, 1955'' are 
omitted as obsolete.
    In subsection (d), the words ``subsequent to February 1, 1958'' are 
omitted as obsolete and the words ``of the Government'' are omitted as 
unnecessary.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                            1967 Act

    The amendment to 5 U.S.C. 5108(c)(5) corrects a typographical error 
and conforms to the source law (act of October 11, 1962, Public Law 87-
793, section 606(b), 76 Stat. 849; former 5 U.S.C. 1105(j)).


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-378 substituted a period for 
semicolon at end.
    1990--Pub. L. 101-509 amended section generally, substituting 
provisions relating to classification of positions above GS-15, 
consisting of subsecs. (a) and (b), for provisions relating to 
classification of provisions at GS-16, 17, and 18, consisting of 
subsecs. (a) to (c).
    Subsec. (c). Pub. L. 101-474 redesignated pars. (2) and (3) as (1) 
and (2), respectively, and struck out former par. (1), which read as 
follows: ``the Director of the Administrative Office of the United 
States Courts, subject to the standards and procedures prescribed by 
this chapter, may place a total of 17 positions in GS-16, 17, and 18; 
and''.
    1988--Subsec. (a). Pub. L. 100-325 added cl. (iii) and substituted 
``the Federal Bureau of Investigation and Drug Enforcement 
Administration Senior Executive Service'' for ``GS-16, 17, and 18 in the 
Federal Bureau of Investigation'' in last sentence.
    Subsec. (c)(1). Pub. L. 100-702 substituted ``17 positions'' for 
``15 positions''.
    1980--Subsec. (c). Pub. L. 96-191 struck out par. (1) which 
authorized Comptroller General, subject to procedures prescribed by this 
section, to place a total of 90 positions in General Accounting Office 
in GS-16, 17, and 18, and redesignated pars. (2) to (4) as (1) to (3), 
respectively.
    1979--Subsec. (c)(4), (17). Pub. L. 96-54 redesignated par. (17), 
relating to executive departments or agencies in which boards of 
contracts appeals are established, as par. (4).
    1978--Subsec. (a). Pub. L. 95-630 substituted ``3,310'' for 
``3,301''.
    Pub. L. 95-612 substituted ``3362'' for ``3301''.
    Pub. L. 95-454, Sec. 414(a)(1)(C), substituted provisions 
authorizing Director of Office of Personnel Management to establish the 
maximum number of positions, not to exceed 10,777, which may be placed 
in GS-16, 17, and 18, and the Senior Executive Service and to place 
positions in GS-16, 17, or 18, and requiring the President to carry out 
the Director's authority for proposed positions in the Federal Bureau of 
Investigation for provisions authorizing a majority of the Civil Service 
Commissioners to establish the maximum number of positions, not to 
exceed 3362 (in addition to certain specified positions), which may be 
placed in GS-16, 17, and 18, placing a percentage limitation on the 
number of positions placed in GS-17 and 18, and requiring the approval 
of a majority of the Commissioners to place positions in GS-16, 17, or 
18.
    Pub. L. 95-251 substituted ``340 administrative law judge'' for 
``240 hearing examiner''.
    Subsec. (c)(2). Pub. L. 95-454, Sec. 414(a)(1)(A)(i), (D)(i), 
redesignated par. (3), relating to the Director of the Administrative 
Office of the United States, as (2) and repealed former par. (2) 
relating to the Federal Bureau of Investigation.
    Subsec. (c)(3). Pub. L. 95-486 inserted provision subjecting the 
Director of the Administrative Office of the United States Courts to the 
standards and procedures prescribed by this chapter and substituted 
provision authorizing placement of 15 positions in GS-16, 17, and 18 for 
provision authorizing placement of 4 positions in GS-17.
    Pub. L. 95-454, Sec. 414(a)(1)(D), redesignated par. (12), relating 
to the Chief Judge of the United States Tax Court, as par. (3). Former 
par. (3) redesignated (2).
    Subsec. (c)(4) to (11). Pub. L. 95-454, Sec. 414(a)(1)(A)(i), 
repealed par. (4) relating to the Commissioner of Immigration and 
Naturalization, par. (5) relating to the Secretary of Defense, par. (6) 
relating to the Administrator of the National Aeronautics and Space 
Administration, pars. (7) and (8) relating to the Attorney General, par. 
(9) relating to the Railroad Retirement Board, par. (10) relating to the 
Secretary of Labor and the Occupational Safety and Health Review 
Commission, and par. (11) relating to the Law Enforcement Assistance 
Administration.
    Subsec. (c)(8). Pub. L. 95-624 substituted ``45'' for ``32''.
    Subsec. (c)(12). Pub. L. 95-454, Sec. 414(a)(1)(D)(i), redesignated 
par. (12) relating to the Chief Judge of the United States Tax Court, as 
(3).
    Subsec. (c)(13) to (16). Pub. L. 95-454, Sec. 414(a)(1)(A)(i), 
repealed par. (13) relating to the Commodity Futures Trading Commission, 
par. (14) relating to the Secretary of Health, Education, and Welfare, 
par. (15) relating to the Chairman of the Equal Employment Opportunity 
Commission, and par. (16) relating to the Secretary of Health, 
Education, and Welfare.
    Subsec. (c)(17). Pub. L. 95-563 added par. (17).
    Subsec. (d). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed subsec. 
(d) which provided the order for reducing the positions authorized to be 
placed in grades GS-16, 17, and 18 under this section when a general 
authorization statute authorized additional positions in these grades.
    Subsec. (e). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed subsec. 
(e) which authorized Commissioner of Internal Revenue to place 20 
additional positions in grades GS-16 and 17.
    Subsec. (f). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed subsec. 
(f) which authorized Secretary of Labor to place additional positions in 
grades GS-16, 17, and 18.
    Subsec. (g). Pub. L. 95-454, Sec. 414(a)(1)(A)(ii), repealed subsec. 
(g) which authorized Pension Benefit Guaranty Corporation to place 
additional positions in grades GS-16, 17, and 18.
    1977--Subsec. (a). Pub. L. 95-219 substituted ``3301'' for ``3293''.
    Pub. L. 95-190 substituted ``3293'' for ``3243''.
    Pub. L. 95-91 substituted ``3243'' for ``2754''.
    1976--Subsec. (c)(7). Pub. L. 94-233 restructured provisions and, as 
restructured, deleted authority relating to 8 positions of Member of the 
Board of Parole in GS-17.
    Subsec. (c)(8). Pub. L. 94-503 substituted provision that the 
Attorney General, without regard to any other provision of this section, 
may place a total of 32 positions in GS-16, 17, and 18 for provision 
that the Attorney General, without regard to this chapter (except 
section 5114), may place 1 position in GS-16.
    1975--Subsec. (c)(11). Pub. L. 94-183, Sec. 2(14), increased to 
twenty-five the number of positions which the Law Enforcement Assistance 
Administration may place in GS-16, 17, and 18. The increase required no 
change in text in view of the 1974 amendment by Pub. L. 93-415, which 
called for an identical increase.
    Subsec. (c)(13) to (16). Pub. L. 94-183, Sec. 2(15), redesignated 
par. (12) relating to the Commodity Futures Trading Commission, par. 
(12) relating to the Secretary of Health, Education, and Welfare and the 
Office for the Blind and Visually Handicapped of the Rehabilitation 
Services Administration, par. (13) relating to the Chairman of the Equal 
Employment Opportunity Commission, and par. (14) relating to the 
Secretary of Health, Education, and Welfare and the National Institute 
on Alcohol Abuse and Alcoholism, as pars. (13) to (16), respectively.
    1974--Subsec. (c)(11). Pub. L. 93-415 increased from twenty-two to 
twenty-five the number of positions which the Law Enforcement Assistance 
Administration may place in GS-16, 17, and 18. Amendment has been 
executed to subsec. (c)(11) as the probable intent of Congress 
notwithstanding direction in section 210 (g) of Pub. L. 93-415 that the 
amendment be executed to subsec. (c) (10).
    Subsec. (c)(11) to (14). Pub. L. 93-282 redesignated par. (10) 
relating to Law Enforcement Assistance Administration, par. (10) 
relating to Chief Judge of the United States Tax Court, par. (11) 
relating to Chairman of the Equal Employment Opportunity Commission, as 
pars. (11) to (13), respectively, and added par. (14) relating to GS-16, 
17, and 18 positions in the National Institute on Alcohol Abuse and 
Alcoholism.
    Subsec. (c)(12). Pub. L. 93-651 and Pub. L. 93-516 amended section 
identically, adding par. (12) relating to Secretary of Health, 
Education, and Welfare and the Office for the Blind and Visually 
Handicapped of the Rehabilitation Services Administration.
    Subsec. (c)(12). Pub. L. 93-463 added par. (12) relating to 
Commodity Futures Trading Commission.
    Subsec. (e). Pub. L. 93-406, Sec. 1051(b)(2), added subsec. (e).
    Subsec. (f). Pub. L. 93-406, Sec. 507(b), added subsec. (f).
    Subsec. (g). Pub. L. 93-406, Sec. 4002(c), added subsec. (g).
    1973--Subsec. (c)(10). Pub. L. 93-83 substituted in par. (10) as 
added by Pub. L. 91-644 ``twenty-two'' for ``twenty''.
    1972--Subsec. (c). Pub. L. 92-261 added par. (11).
    1971--Subsec. (a). Pub. L. 91-656, Sec. 9(b), substituted ``2,754'' 
for ``2,734''.
    Subsec. (c)(10). Pub. L. 91-656, Sec. 9(a), added par. (10) relating 
to Chief Judge of the United States Tax Court.
    Pub. L. 91-644 added par. (10) relating to Law Enforcement 
Assistance Administration.
    1970--Subsec. (a). Pub. L. 91-206 substituted ``2,734'' for 
``2,727''.
    Subsec. (c)(10). Pub. L. 91-596 added par. (10) relating to 
positions in the Department of Labor.
    1969--Subsec. (a). Pub. L. 91-187, Sec. 1(a), substituted ``2,727'' 
for ``2,577''.
    Subsec. (b)(2). Pub. L. 91-187, Sec. 1(b), increased number of 
positions in Library of Congress from 28 to 44.
    Subsec. (c)(1). Pub. L. 91-187, Sec. 1(c), increased number of 
positions in GAO from 64 to 90.
    Subsec. (c)(2). Pub. L. 91-187, Sec. 1(d), increased number of 
positions in FBI from 110 to 140.
    1966--Subsec. (a). Pub. L. 89-632, Sec. 1(a), increased number of 
positions authorized to be established from 2,400 to 2,577, struck out 
cl. (1) designation preceding the provision limiting number of positions 
to be placed in GS-17 and GS-18, and struck out cls. (2) to (5), which 
made positions available only for allocation as follows: 50, with 
Presidential approval, for an agency or function created after Oct. 4, 
1961, 14 to the United States Arms Control and Disarmament Agency, 6 to 
the Immigration and Naturalization Service, and 4 to the Federal Home 
Loan Bank Board, respectively.
    Subsec. (b). Pub. L. 89-632, Sec. 1(b), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (c)(1). Public L. 89-632, Sec. 1(c), increased number of 
positions in GAO from 39 to 64.
    Subsec. (c)(2). Pub. L. 89-632, Sec. 1(d), increased number of 
positions in FBI from 75 to 110.


                    Effective Date of 1990 Amendment

    Amendment by Pub. L. 101-509 effective on such date as the President 
shall determine, but not earlier than 90 days, and not later than 180 
days, after Nov. 5, 1990, see section 529 [title III, Sec. 305] of Pub. 
L. 101-509, set out as a note under section 5301 of this title.


                    Effective Date of 1988 Amendment

    Amendment by Pub. L. 100-702 effective Jan. 1, 1989, see section 109 
of title I of Pub. L. 100-702, set out as a Federal Courts Study 
Committee note under section 331 of Title 28, Judiciary and Judicial 
Procedure.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-191 effective Oct. 1, 1980, see section 
10(a) of Pub. L. 96-191.


                    Effective Date of 1979 Amendment

    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendments

    Amendment by Pub. L. 95-630 effective on expiration of 120 days 
after Nov. 10, 1978, see section 509 of Pub. L. 95-630, set out as a 
note under section 1752 of Title 12, Banks and Banking.
    Amendment by Pub. L. 95-612 effective Oct. 1, 1978, or some later 
date related to availability of funds under appropriation acts 
authorized by appropriations authorization, see section 7 of Pub. L. 95-
612, set out as a note under section 276c-2 of Title 22, Foreign 
Relations and Intercourse.
    Amendment by Pub. L. 95-563 effective with respect to contracts 
entered into 120 days after Nov. 1, 1978 and, at the election of the 
contractor, with respect to any claim pending at such time before the 
contracting officer or initiated thereafter, see section 16 of Pub. L. 
95-563, set out as an Effective Date note under section 601 of Title 41, 
Public Contracts.
     Amendment by Pub. L. 95-454 effective 180 days after Oct. 13, 1978, 
see section 415(a)(3) of Pub. L. 95-454, set out as an Effective Date 
note under section 3131 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-233 effective on sixtieth day following Mar. 
15, 1976, see section 16(b) of Pub. L. 94-233, set out as an Effective 
Date note under section 4201 of Title 18, Crimes and Criminal Procedure.


                    Effective Date of 1974 Amendments

    Amendment by Pub. L. 93-463 effective Oct. 23, 1974, see section 418 
of Pub. L. 93-463, set out as a note under section 2 of Title 7, 
Agriculture.
    Amendment by Pub. L. 93-415 effective Sept. 7, 1974, see section 
263(a) of Pub. L. 93-415, set out as an Effective Date note under 
section 5601 of Title 42, The Public Health and Welfare.
    Amendment by Pub. L. 93-406, Sec. 1051(b)(2), effective on 90th day 
after Sept. 2, 1974, see section 1051(d) of Pub. L. 93-406, set out as a 
note under section 7802 of Title 26, Internal Revenue Code.
    Amendment by Pub. L. 93-406, Sec. 4002(c), effective Sept. 2, 1974, 
see section 4082(a) of Pub. L. 93-406, which is classified to section 
1461(a) of Title 29, Labor.


                    Effective Date of 1973 Amendment

    Offices and salaries modified under amendment by Pub. L. 93-83, 
prospectively only, effective on and after Aug. 6, 1973, see section 3 
of Pub. L. 93-83.


                    Effective Date of 1967 Amendment

    Amendment by Pub. L. 90-83 effective as of Sept. 6, 1966, for all 
purposes, see section 9(h) of Pub. L. 90-83, set out as a note under 
section 5102 of this title.


                                 Repeals

    Pub. L. 95-612, Sec. 3(b), Nov. 8, 1978, 92 Stat. 3091, cited as a 
credit to this section, was repealed by Pub. L. 97-258, Sec. 5(b), Sept. 
13, 1982, 96 Stat. 1068.


 Additional GS-16, GS-17, and GS-18 Positions; Source for Appointments; 
     Eligibility of Appointees; Termination of Authority on Leaving 
Positions; Determination of Aggregate Number of Positions Authorized for 
                        Placement in Such Grades

    Pub. L. 95-612, Sec. 3(a), (c), Nov. 8, 1978, 92 Stat. 3091, 3092, 
relating to the appointment of GS-16, GS-17, and GS-18 positions, was 
repealed by Pub. L. 97-258, Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.


 Termination of Authority To Place Positions in GS-16, 17, or 18 of the 
                            General Schedule

    Section 414(a)(1)(B) of Pub. L. 95-454 provided that: 
``Notwithstanding any other provision of law (other than section 5108 of 
such title 5), the authority granted to an agency (as defined in section 
5102(a)(1) of such title 5 under any such provision to place one or more 
positions in GS-16, 17, or 18 of the General Schedule, is hereby 
terminated.''


Limitations on Executive Positions Not To Apply to Individuals Occupying 
                   Those Positions on October 12, 1978

    Section 414(a)(3) of Pub. L. 95-454 provided that:
    ``(A) The provisions of paragraphs (1) and (2) of this subsection 
[amending sections 3104 and 5108 of this title] shall not apply with 
respect to any position so long as the individual occupying such 
position on the day before the date of the enactment of this Act [Oct. 
13, 1978] continues to occupy such position.
    ``(B) The Director--
        ``(i) in establishing under section 5108 of title 5, United 
    States Code, the maximum number of positions which may be placed in 
    GS-16, 17, and 18 of the General Schedule, and
        ``(ii) in establishing under section 3104 of such title 5 the 
    maximum number of scientific or professional positions which may be 
    established,
shall take into account positions to which subparagraph (A) of this 
paragraph applies.''
    [References in laws to rates of pay for GS-16, 17, or 18, or to 
maximum rates of pay under General Schedule, to be considered references 
to rates payable under specified sections of this title, see section 529 
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note under 
section 5376 of this title.]


         Additional Positions in Office of Management and Budget

    Pub. L. 95-26, title I, May 4, 1977, 91 Stat. 94, authorizing the 
Director of the Office of Management and Budget to place a total of five 
positions on GS-16, 17, and 18 in addition to the positions authorized 
by section 5108 of this title, was repealed by Pub. L. 97-258, 
Sec. 5(b), Sept. 13, 1982, 96 Stat. 1068.


              Preference to Blind in Selection of Personnel

    Preference to be given to blind individuals in selection of 
additional personnel under subsec. (c)(12) of this section, see section 
208(c) of Pub. L. 93-516, set out as a note under section 702 of Title 
29, Labor.

                  Section Referred to in Other Sections

    This section is referred to in sections 3132, 3304, 3324, 3594, 
5372b, 5376, 5723 of this title; title 2 section 166; title 15 section 
2053; title 20 sections 1505, 3461, 9175; title 22 sections 2193, 2385, 
2454, 6204; title 25 section 640d-11; title 29 sections 661, 1137; title 
30 section 1211; title 42 section 7231; title 45 section 231f.
