limitations on executive positions

limitations on executive positions Sec. 414. (a) (1) (A) The following provisions of section 5108 of title 5, United States Code, relating to special authority to place positions at GS–16, 17, and 18 of the General Schedule, are hereby repealed: (i) paragraphs (2), (4) through (11), and (13) through (16) of subsection (c), and (ii) subsections (d) through (g). (B) 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. (C) Subsection (a) of section 5108 of title 5, United States Code, is amended to read as follows: “(a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of 10,777) which may at any one time be placed in— “(i) GS–16, 17, and 18; and “(ii) the Senior Executive Service, in accordance with section 3133 of this title. A position may be placed in GS–16, 17, or 18, only by action of the Director of the Office of Personnel Management. The authority of the Director under this subsection shall be carried out by the President in the case of positions proposed to be placed in GS–16 ,17, and 18 in the Federal Bureau of Investigation.”. (D) Subsection (c) of section 5108 of title 5, United States Code, is amended— (i) by redesignating paragraph (3) as paragraph (2) and by inserting “and” at the end thereof; and (ii) by redesignating paragraph (12) as paragraph (3) and by striking out the semicolon at the end and inserting in lieu thereof a period. (2) (A) Notwithstanding any other provision of law (other than section 3104 of title 5, United States Code), the authority granted to92 STAT. 1178 an agency (as defined in section 5102(a) (1) of such title 5) to establish scientific or professional positions outside of the General Schedule is hereby terminated. (B) Section 3104 of title 5, United States Code, is amended by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) (1) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions (not to exceed 517) for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established only by action of the Director. “(2) The provisions of paragraph (1) of this subsection shall not apply to any Senior Executive Service position (as defined in section 3132(a) of this title). “(3) In addition to the number of positions authorized by paragraph (1) of this subsection, the Librarian of Congress may establish, without regard to the second sentence of paragraph (1) of this subsection, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.”. (C) Subsection (c) of such section 3104 is amended— (i) by striking out “(c)” and inserting in lieu thereof “(b)”; and (ii) by striking out “to establish and fix the pay of positions under this section and section 5361 of this title” and inserting in lieu thereof “to fix under section 5361 of this title the pay for positions established under this section”. (3) (A) The provisions of paragraphs (1) and (2) of this subsection 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 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. (b) (1) Section 5311 of title 5, United States Code, is amended by inserting “(a)” before “The Executive Schedule,” and by adding at the end thereof the following new subsection: “(b) (1) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Director 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— 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.