
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC3134]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
                  CHAPTER 31--AUTHORITY FOR EMPLOYMENT
 
               SUBCHAPTER II--THE SENIOR EXECUTIVE SERVICE
 
Sec. 3134. Limitations on noncareer and limited appointments

    (a) During each calendar year, each agency shall--
        (1) examine its needs for employment of noncareer appointees for 
    the fiscal year beginning in the following year; and
        (2) submit to the Office of Personnel Management, in accordance 
    with regulations prescribed by the Office, a written request for 
    authority to employ a specific number of noncareer appointees for 
    such fiscal year.

    (b) The number of noncareer appointees in each agency shall be 
determined annually by the Office on the basis of demonstrated need of 
the agency. The total number of noncareer appointees in all agencies may 
not exceed 10 percent of the total number of Senior Executive Service 
positions in all agencies.
    (c) Subject to the 10 percent limitation of subsection (b) of this 
section, the Office may adjust the number of noncareer positions 
authorized for any agency under subsection (b) of this section if 
emergency needs arise that were not anticipated when the original 
authorizations were made.
    (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--
        (1) 25 percent of the total number of Senior Executive Service 
    positions in the agency; or
        (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--
            (A) noncareer executive assignments under subpart F of part 
        305 of title 5, Code of Federal Regulations, as in effect on 
        such date, or
            (B) 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.

This subsection shall not apply in the case of any agency having fewer 
than 4 Senior Executive Service positions.
    (e) The total number of limited emergency appointees and limited 
term appointees in all agencies may not exceed 5 percent of the total 
number of Senior Executive Service positions in all agencies.

(Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92 Stat. 
1159.)

                       References in Text

    The date of enactment of the Civil Service Reform Act of 1978, 
referred to in subsec. (d)(2), is the date of enactment of Pub. L. 95-
454, which was approved Oct. 13, 1978.
    Level IV or V of the Executive Schedule, referred to in subsec. 
(d)(2)(B), are set out in sections 5315 and 5316 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 20 section 3461; title 38 
section 709.
