; and (2) under the terms and conditions under part 6 of such title as in effect on such date. (b) Transfers (1) Within excepted service A position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1). (2) OPM consent required An agency may not transfer any occupied position from the competitive service or excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, without the prior consent of the Director. (3) Limit during presidential term During any 4-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than 1 percent of the total number of employees at such agency as of the first day of such term, or 5 employees, whichever is greater. (4) Employee consent required Notwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule in which such position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the employee’s prior written consent. (c) Other matters (1) Application Notwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapters 73 and 74 of such title. (2) Regulations The Director shall issue regulations to implement this section. (d) Definitions In this section— (1) the term agency means any department, agency, or instrumentality of the Federal Government; (2) the term competitive service has the meaning given that term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; and (4) the term excepted service has the meaning given that term in section 2103 of title 5, United States Code. XV Use of Federal Property