Page:United States Statutes at Large Volume 102 Part 3.djvu/690

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 2642

PUBLIC LAW 100-527—OCT. 25, 1988

ments rendered in the same manner and with the same effect as if this Act had not been enacted. (d) NoNABATEMENT OF ACTIONS.—No suit, action, or other proceeding commenced by or against the Veterans' Administration, or by or against any individual in the official capacity of such individual as an officer of the Veterans' Administration, shall abate by reason of the enactment of this Act. (e) PROPERTY AND RESOURCES.—The contracts, liabilities, records, property, and other assets and interests of the Veterans' Administration shall, after the effective date of this Act, be considered to be the contracts, liabilities, records, property, and other assets and interests of the Department of Veterans Affairs. (0 COMPENSATION FOR CONTINUED SERVICE.—Any person—

(1) who acts as Secretary or Deputy Secretary of the Department of Veterans Affairs under section 3(e); (2) who continues to serve as Chief Medical Director or Chief Benefits Director of such department under section 3(f) or (g), respectively; (3) who acts as the Director of the National Cemetery System under section 3(h); or (4) who acts as General Counsel of the Department of Veterans Affairs under section 8(b); after the effective date of this Act and before the first appointment of a person to such position after such date shall continue to be compensated for so serving or acting at the rate at which such person was compensated before the effective date of this Act. 38 USC 201 note.

SEC 12. MISCELLANEOUS EMPLOYMENT RESTRICTIONS. (a) LIMITATION ON NUMBER OF NONCAREER SENIOR EXECUTIVES.—

(1) Notwithstanding section 3134(d) of title 5, United States Code, the number of Senior Ebcecutive Service positions in the Department of Veterans Affairs which are filled by noncareer appointees in any fiscal year may not at any time exceed 5 percent of the average number of senior executives employed in Senior Executive Service positions in the Department during the preceding fiscal year. (2) For purposes of this subsection, the average number of senior executives employed in Senior Executive Service positions in the Department during a fiscal year shall be equal to 25 percent of the sum of tiiie total number of senior executives employed in Senior Executive Service positions in the Department on the last day of each quarter of such fiscal year. (b) LIMITATION ON NUMBER OF SCHEDULE C EMPLOYEES.—The

number of positions in the Department of Veterans Affairs which may be excepted from the competitive service, on a temporary or permanent basis, because of their confidential or policy-determining character may not at any time exceed the equivalent of 15 positions. (c)

PROHIBITED EMPLOYMENT AND

ADVANCEMENT (!!ONSIDER-

ATIONS.—(1) Political affiliation or activity may not be taken into account in connection with the appointment of any person to any position in or to perform any service for the Department of Veterans Affairs, or in the assignment or advancement of any employee in the Department. (2) Paragraph (1) shall not apply to the appointment of any person by the President under this Act, other than the appointment of the Chief Medical Director, the Chief Benefits Director, and the Inspector General of the Department of Veterans Affairs.