# § 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 published by the Director of the Office of Personnel Management in such form as the Director may determine (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.
**(c)** The Librarian of Congress may classify positions in the Library of Congress above GS–15 pursuant to standards established by the Office in subsection (a)(2).
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**Source Credit**: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 453; Pub. L. 89–632, § 1(a)–(d), Oct. 8, 1966, 80 Stat. 878; Pub. L. 90–83, § 1(12), Sept. 11, 1967, 81 Stat. 197; Pub. L. 91–187, § 1, Dec. 30, 1969, 83 Stat. 850; Pub. L. 91–206, § 5(a), Mar. 10, 1970, 84 Stat. 51; Pub. L. 91–596, § 30, Dec. 29, 1970, 84 Stat. 1619; Pub. L. 91–644, title I, § 11, Jan. 2, 1971, 84 Stat. 1889; Pub. L. 91–656, § 9, Jan. 8, 1971, 84 Stat. 1955; Pub. L. 92–261, § 12, Mar. 24, 1972, 86 Stat. 112; Pub. L. 90–351, title I, § 506(c), as added Pub. L. 93–83, § 2, Aug. 6, 1973, 87 Stat. 211; Pub. L. 93–282, title III, § 301, May 14, 1974, 88 Stat. 137; Pub. L. 93–406, title I, § 507(b), title II, § 1051(b)(2), title IV, § 4002(c), Sept. 2, 1974, 88 Stat. 894, 951, 1005; Pub. L. 93–415, title II, § 201(g), Sept. 7, 1974, 88 Stat. 1113; Pub. L. 93–463, title IV, § 410, Oct. 23, 1974, 88 Stat. 1414; Pub. L. 93–516, title II, § 208(b), Dec. 7, 1974, 88 Stat. 1629; Pub. L. 93–651, title II, § 208(b), Nov. 21, 1974, 89 Stat. 2–14; Pub. L. 94–183, § 2(14), (15), Dec. 31, 1975, 89 Stat. 1057; Pub. L. 94–233, § 13, Mar. 15, 1976, 90 Stat. 233; Pub. L. 94–503, title II, § 202(a), Oct. 15, 1976, 90 Stat. 2426; Pub. L. 95–91, title VII, § 710(b), Aug. 4, 1977, 91 Stat. 609; Pub. L. 95–190, § 11(a), Nov. 16, 1977, 91 Stat. 1398; Pub. L. 95–219, § 3(c), Dec. 28, 1977, 91 Stat. 1614; Pub. L. 95–251, § 1, Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title IV, § 414(a)(1)(A), (C), (D), Oct. 13, 1978, 92 Stat. 1177; Pub. L. 95–486, § 10, Oct. 20, 1978, 92 Stat. 1634; Pub. L. 95–563, § 14(g), Nov. 1, 1978, 92 Stat. 2390; Pub. L. 95–612, § 3(b), Nov. 8, 1978, 92 Stat. 3091; Pub. L. 95–624, § 22, Nov. 9, 1978, 92 Stat. 3466; Pub. L. 95–630, title V, § 502(c), Nov. 10, 1978, 92 Stat. 3681; Pub. L. 96–54, § 2(a)(23), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–191, § 8(c), Feb. 15, 1980, 94 Stat. 33; Pub. L. 100–325, § 2(g), May 30, 1988, 102 Stat. 581; Pub. L. 100–702, title I, § 104(c)(2), Nov. 19, 1988, 102 Stat. 4645; Pub. L. 101–474, § 5(i), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101–509, title V, § 529 [title I, § 102(b)(2)], Nov. 5, 1990, 104 Stat. 1427, 1443; Pub. L. 102–378, § 2(23), Oct. 2, 1992, 106 Stat. 1348; Pub. L. 110–372, § 2(c)(4), Oct. 8, 2008, 122 Stat. 4044; Pub. L. 111–68, div. A, title I, § 1403, Oct. 1, 2009, 123 Stat. 2038.)
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| --- | --- | --- |
| (a), (b), (c) (1)–(7), (d). | 5 U.S.C. 1105(a)–(h), (j)–(l). | Oct. 28, 1949, ch. 782, § 505, 63 Stat. 959.Sept. 1, 1954, ch. 1208, § 101(a), 68 Stat. 1105. |
| | | June 28, 1955, ch. 189, § 12(a), 69 Stat. 179. |
| | | July 31, 1956, ch. 804, § 502, 70 Stat. 762. |
| | | Aug. 14, 1957, Pub. L. 85–136, 71 Stat. 352. |
| | | June 20, 1958, Pub. L. 85–462, §§ 10 (less “(i)”), 11, 72 Stat. 213, 213A. |
| | | Sept. 23, 1959, Pub. L. 86–370, § 2(a), (b), 73 Stat. 650. |
| | | Sept. 23, 1959, Pub. L. 86–377, § 1(a), 73 Stat. 700. |
| | | July 1, 1960, Pub. L. 86–568, § 203, 74 Stat. 305. |
| | | Sept. 26, 1961, Pub. L. 87–322, § 1, 75 Stat. 685. |
| | | Oct. 4, 1961, Pub. L. 87–367, §§ 102(a), (b), 103(1), 75 Stat. 786, 787. |
| | | Oct. 11, 1962, Pub. L. 87–793, § 606, 76 Stat. 848. |
| | | Aug. 14, 1964, Pub. L. 88–426, § 103(b), 78 Stat. 402. |
| (c)(8) | 5 U.S.C. 298a. | July 7, 1955, ch. 279, § 201 (2d proviso on p. 273), 69 Stat. 273. |
| | | Oct. 11, 1962, Pub. L. 87–793, § 607(b), 76 Stat. 850. |
| (c)(9) | 45 U.S.C. 228j(b)(4) (4th sentence). | Sept. 6, 1958, Pub. L. 85–927, § 3, 72 Stat. 1781. |
The section is reorganized for clarity.
In subsection (a)(2), the date “” is substituted for “the date of enactment of this subparagraph”.
Subsection (c)(6) is added on authority of , , , , and Transfer Plan, effective , 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 , , .
In subsection (c)(8), the words “on and after ” are omitted as obsolete.
In subsection (d), the words “subsequent to ” 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 corrects a typographical error and conforms to the source law (act of , , section 606(b), ; former ).
## Editorial Notes
### Amendments
2009—Subsec. (c). added subsec. (c).
2008—Subsec. (a)(2). inserted “published by the Director of the Office of Personnel Management in such form as the Director may determine” after “and procedures”.
1992—Subsec. (a)(2). substituted a period for semicolon at end.
1990— 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). 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). 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). substituted “17 positions” for “15 positions”.
1980—Subsec. (c). 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). redesignated par. (17), relating to executive departments or agencies in which boards of contracts appeals are established, as par. (4).
1978—Subsec. (a). substituted “3,310” for “3,301”.
substituted “3362” for “3301”.
, 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.
substituted “340 administrative law judge” for “240 hearing examiner”.
Subsec. (c)(2). , (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). 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.
, 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). , 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). substituted “45” for “32”.
Subsec. (c)(12). , redesignated par. (12) relating to the Chief Judge of the United States Tax Court, as (3).
Subsec. (c)(13) to (16). , 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). added par. (17).
Subsec. (d). , 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). , repealed subsec. (e) which authorized Commissioner of Internal Revenue to place 20 additional positions in grades GS–16 and 17.
Subsec. (f). , repealed subsec. (f) which authorized Secretary of Labor to place additional positions in grades GS–16, 17, and 18.
Subsec. (g). , repealed subsec. (g) which authorized Pension Benefit Guaranty Corporation to place additional positions in grades GS–16, 17, and 18.
1977—Subsec. (a). substituted “3301” for “3293”.
substituted “3293” for “3243”.
substituted “3243” for “2754”.
1976—Subsec. (c)(7). restructured provisions and, as restructured, deleted authority relating to 8 positions of Member of the Board of Parole in GS–17.
Subsec. (c)(8). 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). , 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 , which called for an identical increase.
Subsec. (c)(13) to (16). , 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). 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 that the amendment be executed to subsec. (c) (10).
Subsec. (c)(11) to (14). 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). and 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). added par. (12) relating to Commodity Futures Trading Commission.
Subsec. (e). , added subsec. (e).
Subsec. (f). , added subsec. (f).
Subsec. (g). , added subsec. (g).
1973—Subsec. (c)(10). substituted in par. (10) as added by “twenty-two” for “twenty”.
1972—Subsec. (c). added par. (11).
1971—Subsec. (a). , substituted “2,754” for “2,734”.
Subsec. (c)(10). , added par. (10) relating to Chief Judge of the United States Tax Court.
added par. (10) relating to Law Enforcement Assistance Administration.
1970—Subsec. (a). substituted “2,734” for “2,727”.
Subsec. (c)(10). added par. (10) relating to positions in the Department of Labor.
1969—Subsec. (a). , substituted “2,727” for “2,577”.
Subsec. (b)(2). , increased number of positions in Library of Congress from 28 to 44.
Subsec. (c)(1). , increased number of positions in GAO from 64 to 90.
Subsec. (c)(2). , increased number of positions in FBI from 110 to 140.
1966—Subsec. (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 , 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). , designated existing provisions as par. (1) and added par. (2).
Subsec. (c)(1). Public L. 89–632, § 1(c), increased number of positions in GAO from 39 to 64.
Subsec. (c)(2). , increased number of positions in FBI from 75 to 110.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2008 Amendment
Amendment by effective on the first day of the first pay period beginning on or after the 180th day following , see , set out as a note under .
### Effective Date of 1990 Amendment
Amendment by effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after , see section 529 [title III, § 305] of , set out as a note under .
### Effective Date of 1988 Amendment
> “This title [amending this section] shall become effective on
>
> .”
, , , provided that:
### Effective Date of 1980 Amendment
Amendment by effective , see .
### Effective Date of 1979 Amendment
Amendment by effective , see , set out as a note under .
### Effective Date of 1978 Amendments
Amendment by effective on expiration of 120 days after , see , set out as a note under , Banks and Banking.
Amendment by effective , or some later date related to availability of funds under appropriation acts authorized by appropriations authorization, see , set out as a note under , Foreign Relations and Intercourse.
Amendment by effective with respect to contracts entered into 120 days after and, at the election of the contractor, with respect to any claim pending at such time before the contracting officer or initiated thereafter, see , , .
Amendment by effective 180 days after , see , set out as an Effective Date note under .
### Effective Date of 1976 Amendment
Amendment by effective on sixtieth day following , see , set out as an Effective Date note under , Crimes and Criminal Procedure.
### Effective Date of 1974 Amendments
Amendment by effective , see , set out as a note under , Agriculture.
Amendment by effective , see , formerly set out as an Effective Date note under , Crime Control and Law Enforcement.
Amendment by , effective on 90th day after , see , set out as a note under , Internal Revenue Code.
Amendment by , effective , see , which is classified to , Labor.
### Effective Date of 1973 Amendment
Offices and salaries modified under amendment by , prospectively only, effective on and after , see .
### Effective Date of 1967 Amendment
Amendment by effective as of , for all purposes, see , set out as a note under .
### Repeals
, , , cited as a credit to this section, was repealed by , , .
### 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
, (c), , , 3092, relating to the appointment of GS–16, GS–17, and GS–18 positions, was repealed by , , .
### Termination of Authority To Place Positions in GS–16, 17, or 18 of the General Schedule
> “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.”
, , , provided that:
### Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
> **“(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—
>
> shall take into account positions to which subparagraph (A) of this paragraph applies.”
>
> **“(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,
, , , provided that:
[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, § 101(c)(1)] of , set out in a note under .]
### Additional Positions in Office of Management and Budget
, , , 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 , was repealed by , , .
### 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 , set out as a note under , Labor.