5 U.S.C. § 5108: Classification of positions above GS–15

establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and 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. 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. 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). 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. 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 in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,