Page:United States Statutes at Large Volume 92 Part 1.djvu/1231

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1177

tive Service position if the position then held by sucih employee will terminate within 3 years of the date of such appointment; (2) be appointed as a noncareer appointee to a Senior Executive Service position if the position then held by such employee is designated as a general position; or (3) be appointed as a noncareer appointee to a general position if the position then held by sudh employee is designated as a career reserved position. (i) The rate of basic pay for any employee appointed to a Senior Executive Service position under this section shall be greater than or equal to the rate of basic pay payable for the position held by such employee at the time of such appointment. (j) Any employee who is aggrieved by any action by any agency under this section is entitled to appeal to the Merit Systems Protection Board under section 7701 of title 5, United States Code (as added by ^"-te, p. 1138. this title). An agency sihall take any corrective action which the Board orders in its decision on an appeal under this subsection. (k) The Office shall prescribe regulations to carry out the purpose of Regulations, this section. 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States Code, relating to special authority to place positions at GS-16,17, and 18 of the General Schedule, are hereby repealed: (i) paragraphs (2), (4) through (11), and (13) through (16) of subsection (c), and (ii) subsections (d) through (g).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 5 USC 5108 note. 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 establisih, 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 Ante, p. 1158. 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.". ' J'' (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 5 USC 3104note, section 3104 of title 5, United States Code), the authority granted to

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