§ 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).