5 U.S. Code § 3134. Limitations on noncareer and limited appointments
(a) During each calendar year, each agency shall—
(d) The number of Senior Executive Service positions in any agency which are filled by noncareer appointees may not at any time exceed the greater of—
(2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by—
noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or
appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the advice and consent of the Senate.
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