PUBLIC LAW 95-454—OCT. 13, 1978
92 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 Ante, p. 1155. 3132(a) of this title). "(3) In addition to the number of positions authorized by para,o,,fH.|p.graph (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 .(Hi ftC'.:)• J {• lieu thereof "to fix under section 5361 of this title the pay for positions established under this section". 5 USC 3104, (3)(A) The provisions of paragraphs (1) and (2) of this subsection 5108 notes. 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: Publication in "(b)(1) Not later than 180 days after the date of the enactment of Federal Register, the Civil Service Eeform 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. "Executive level "(2) For the purpose of this subsection, 'executive level position' position."
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