104 STAT. 1444 PUBLIC LAW 101-509—NOV. 5, 1990 "(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; President. "(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.". (c) EXCLUSION FROM SUBCHAPTER III OF CHAPTER 53.— Section 5331(b) of title 5, United States Code, is amended to read as follows: "(b) This subchapter applies to employees and positions to which chapter 51 applies, other than Senior Executive Service positions, positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, and positions to which section 5376 applies.". SEC. 103. PAY FOR CRITICAL POSITIONS. (a) IN GENERAL. — Subchapter VII of chapter 53 of title 5, United States Code, is amended by section 102, is further amended by adding at the end the following new section: "§ 5377. Pay authority for critical positions "(a) For the purpose of this section— "(1) the term 'agency' has the meaning given it by section 5102; and "(2) the term 'position' means— "(A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; "(B) a position under the Executive Schedule under sections 5312-5317; "(C) a position to which section 5372 applies (or would apply, but for this section); and "(D) a position to which section 5372a applies (or would apply, but for this section). "(b) Authority under this section— "(1) may be granted or exercised only with respect to a position— "(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and "(B) which is critical to the agency's successful accomplishment of an important mission; and "(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. "(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. "(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any
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