-CITE-
    5 USC CHAPTER 31 - AUTHORITY FOR EMPLOYMENT                 01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

-HEAD-
                   CHAPTER 31 - AUTHORITY FOR EMPLOYMENT               


-MISC1-
                   SUBCHAPTER I - EMPLOYMENT AUTHORITIES               
    Sec.                                                     
    3101.       General authority to employ.                          
    3102.       Employment of personal assistants for handicapped
                 employees, including blind and deaf employees.       
    3103.       Employment at seat of Government only for services
                 rendered.                                            
    3104.       Employment of specially qualified scientific and
                 professional personnel.                              
    3105.       Appointment of administrative law judges.             
    3106.       Employment of attorneys; restrictions.                
    3107.       Employment of publicity experts; restrictions.        
    3108.       Employment of detective agencies; restrictions.       
    3109.       Employment of experts and consultants; temporary or
                 intermittent.                                        
    3110.       Employment of relatives; restrictions.                
    3111.       Acceptance of volunteer service.                      
    3112.       Disabled veterans; noncompetitive appointment.        
    3113.       Restriction on reemployment after conviction of
                 certain crimes.                                      
    3114.       Appointment of accountants, economists, and examiners
                 by the Securities and Exchange Commission.           

               SUBCHAPTER II - THE SENIOR EXECUTIVE SERVICE           
    3131.       The Senior Executive Service.                         
    3132.       Definitions and exclusions.                           
    3133.       Authorization of positions; authority for appointment.
    3134.       Limitations on noncareer and limited appointments.    
    [3135.      Repealed.]                                            
    3136.       Regulations.                                          

       SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
            ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
    3151.       The Federal Bureau of Investigation and Drug
                 Enforcement Administration Senior Executive Service. 
    3152.       Limitation on pay.                                    

       SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
                              EXECUTIVE ORDER
    3161.       Employment and compensation of employees.             

                                AMENDMENTS                            
      2003 - Pub. L. 108-44, Sec. 2(b), July 3, 2003, 117 Stat. 843,
    added item 3114.
      2000 - Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec.
    1101(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A-310, added
    subchapter IV heading and item 3161.
      1997 - Pub. L. 105-61, title VI, Sec. 638(b), Oct. 10, 1997, 111
    Stat. 1317, added item 3113.
      1995 - Pub. L. 104-66, title II, Sec. 2181(a)(2), Dec. 21, 1995,
    109 Stat. 732, struck out item 3135 "Biennial report".
      1988 - Pub. L. 100-325, Sec. 1(b), May 30, 1988, 102 Stat. 581,
    added subchapter III heading and items 3151 and 3152.
      1980 - Pub. L. 96-523, Sec. 1(b), Dec. 12, 1980, 94 Stat. 3040,
    substituted "personal assistants for handicapped employees,
    including blind and" for "reading assistants for blind employees
    and interpreting assistants for" in item 3102.
      1978 - Pub. L. 95-454, title III, Secs. 301(b), 302(b)(1),
    307(b)(3), title IV, Sec. 402(c), Oct. 13, 1978, 92 Stat. 1145,
    1146, 1148, 1160, added heading for subchapter I, substituted
    "reading assistants for blind employees and interpreting assistants
    for deaf employees" for "readers for blind employees" in item 3102,
    and added items 3111, 3112, heading for subchapter II, and items
    3131 to 3136.
      Pub. L. 95-251, Sec. 2(c)(2), Mar. 27, 1978, 92 Stat. 184,
    substituted "administrative law judges" for "hearing examiners" in
    item 3105.
      1967 - Pub. L. 90-206, title II, Sec. 221(b), Dec. 16, 1967, 81
    Stat. 640, added item 3110.

-End-


-CITE-
    5 USC SUBCHAPTER I - EMPLOYMENT AUTHORITIES                 01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
                   SUBCHAPTER I - EMPLOYMENT AUTHORITIES               


-MISC1-
                                AMENDMENTS                            
      1979 - Pub. L. 96-54, Sec. 2(a)(10), Aug. 14, 1979, 93 Stat. 381,
    added heading for subchapter I.

-End-



-CITE-
    5 USC Sec. 3101                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3101. General authority to employ

-STATUTE-
      Each Executive agency, military department, and the government of
    the District of Columbia may employ such number of employees of the
    various classes recognized by chapter 51 of this title as Congress
    may appropriate for from year to year.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 43.             R.S. Sec. 169.              
                                             June 26, 1930, ch. 618, 46  
                                              Stat. 817.                 
                    5 U.S.C. 514d (2d        Sept. 21, 1944, ch. 412,    
                     par.).                   Sec. 709, 58 Stat. 743.    
    --------------------------------------------------------------------

      The authorization is restated to conform to the style of this
    title. The word "Executive agency" are substituted for "executive
    department, independent establishment" in view of the definitions
    in sections 103, 104, and 105. The source statute (an act to
    authorize the appointment of employees in the executive branch
    etc.) applied to the entire executive branch, and government
    corporations as well as other agencies in the executive branch were
    included within the words "independent establishment". The words
    "or a military department" are inserted to preserve the application
    of the source statute. Before enactment of the National Security
    Act Amendments of 1949 (63 Stat. 578), the Department of the Army,
    the Department of the Navy, and the Department of the Air Force
    were Executive departments. The National Security Act Amendments of
    1949 established the Department of Defense as an Executive
    department including the Department of the Army, the Department of
    the Navy, and the Department of the Air Force as military
    departments, not as Executive departments. However, the source
    statute for this subsection, which was in effect in 1949, remained
    applicable to the Secretaries of the military departments by virtue
    of section 12(g) of the National Security Act Amendments of 1949
    (63 Stat. 591), which is set out in the reviser's note for section
    301. The words "for services in the District of Columbia or
    elsewhere" are eliminated as surplusage. The reference to chapter
    51 is substituted for the reference to the Classification Act of
    1923 because the Act of Oct. 28, 1949, ch. 782, Sec. 1106(a), 63
    Stat. 972, amended the section to refer to the Classification Act
    of 1949, which is carried into this title. The proviso in former
    section 43 and former section 514d (2d par.) are omitted as
    superseded by former section 22a, which is carried into section
    302. The last sentence of the Act of June 26, 1930, is omitted as
    executed.
      This section was part of title IV of the Revised Statutes. The
    Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,
    ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which
    provides "Except to the extent inconsistent with the provisions of
    this Act [National Security Act of 1947], the provisions of title
    IV of the Revised Statutes as now or hereafter amended shall be
    applicable to the Department of Defense" is omitted from this title
    but is not repealed.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

            REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS        
      Pub. L. 103-226, Sec. 5, Mar. 30, 1994, 108 Stat. 115, as amended
    by Pub. L. 103-329, title VI, Sec. 631, Sept. 30, 1994, 108 Stat.
    2424; Pub. L. 108-271, Sec. 8(b), July 7, 2004, 118 Stat. 814,
    provided that:
      "(a) Definition. - For the purpose of this section, the term
    'agency' means an Executive agency (as defined by section 105 of
    title 5, United States Code), but does not include the Government
    Accountability Office.
      "(b) Limitations on Full-Time Equivalent Positions. - The
    President, through the Office of Management and Budget (in
    consultation with the Office of Personnel Management), shall ensure
    that the total number of full-time equivalent positions in all
    agencies shall not exceed - 
        "(1) 2,084,600 during fiscal year 1994;
        "(2) 2,043,300 during fiscal year 1995;
        "(3) 2,003,300 during fiscal year 1996;
        "(4) 1,963,300 during fiscal year 1997;
        "(5) 1,922,300 during fiscal year 1998; and
        "(6) 1,882,300 during fiscal year 1999.
      "(c) Monitoring and Notification. - The Office of Management and
    Budget, after consultation with the Office of Personnel Management,
    shall - 
        "(1) continuously monitor all agencies and make a determination
      on the first date of each quarter of each applicable fiscal year
      of whether the requirements under subsection (b) are met; and
        "(2) notify the President and the Congress on the first date of
      each quarter of each applicable fiscal year of any determination
      that any requirement of subsection (b) is not met.
      "(d) Compliance. - If, at any time during a fiscal year, the
    Office of Management and Budget notifies the President and the
    Congress that any requirement under subsection (b) is not met, no
    agency may hire any employee for any position in such agency until
    the Office of Management and Budget notifies the President and the
    Congress that the total number of full-time equivalent positions
    for all agencies equals or is less than the applicable number
    required under subsection (b).
      "(e) Waiver. - 
        "(1) Emergencies. - Any provision of this section may be waived
      upon a determination by the President that - 
          "(A) the existence of a state of war or other national
        security concern so requires; or
          "(B) the existence of an extraordinary emergency threatening
        life, health, safety, property, or the environment so requires.
        "(2) Agency efficiency or critical mission. - 
          "(A) Subsection (d) may be waived, in the case of a
        particular position or category of positions in an agency, upon
        a determination of the President that the efficiency of the
        agency or the performance of a critical agency mission so
        requires.
          "(B) Whenever the President grants a waiver pursuant to
        subparagraph (A), the President shall take all necessary
        actions to ensure that the overall limitations set forth in
        subsection (b) are not exceeded.
      "(f) Employment Backfill Prevention. - 
        "(1) In general. - The total number of funded employee
      positions in all agencies (excluding the Department of Defense
      and the Central Intelligence Agency) shall be reduced by one
      position for each vacancy created by the separation of any
      employee who has received, or is due to receive, a voluntary
      separation incentive payment under section 3(a)-(e) [5 U.S.C.
      5597 note]. For purposes of this subsection, positions and
      vacancies shall be counted on a full-time-equivalent basis.
        "(2) Related restriction. - No funds budgeted for and
      appropriated by any Act for salaries or expenses of positions
      eliminated under this subsection may be used for any purpose
      other than authorized separation costs.
        "(3) Applicability of backfill prevention provisions to
      agencies otherwise exempted from fte reduction. - 
          "(A) In general. - If any agency is otherwise exempted by any
        law from the limitations on full-time equivalent positions or
        the restrictions on hiring established by this section - 
            "(i) paragraph (1) shall apply to vacancies created in such
          agency; and
            "(ii) the reductions required pursuant to clause (i) shall
          be made in the number of funded employee positions in such
          agency.
          "(B) Waiver authority. - In the case of a particular position
        in an agency, subparagraph (A) may be waived upon a
        determination by the head of the agency that the performance of
        a critical agency mission requires the waiver.
          "(C) Relation to other law. - No law may be construed as
        suspending or modifying this paragraph unless such law
        specifically amends this paragraph.
      "(g) Limitation on Procurement of Service Contracts. - The
    President shall take appropriate action to ensure that there is no
    increase in the procurement of service contracts by reason of the
    enactment of this Act [see Tables for classification], except in
    cases in which a cost comparison demonstrates such contracts would
    be to the financial advantage of the Federal Government."

      LIMITATION ON NUMBER OF CIVILIAN EMPLOYEES IN EXECUTIVE BRANCH  
      Pub. L. 95-454, title III, Sec. 311, Oct. 13, 1978, 92 Stat.
    1153, which provided that the total number of civilian employees in
    the executive branch, on Sept. 30, 1979, on Sept. 30, 1980, and
    Sept. 30, 1981, shall not exceed the number of such employees on
    Sept. 30, 1977, terminated by its own terms on Jan. 31, 1981.
      Pub. L. 91-47, title V, Sec. 503, July 22, 1969, 83 Stat. 83,
    repealed section 201 of Pub. L. 90-364, title II, June 28, 1968, 82
    Stat. 270, which provided for limitation on the number of civilian
    officers and employees in the executive branch and which was
    formerly set out under this section.

              FREEZE ON HIRING OF FEDERAL CIVILIAN EMPLOYEES          
      Memorandum of the President of the United States, dated Jan. 20,
    1981, 46 F.R. 9907, provided for a freeze on the hiring of Federal
    civilian employees in the executive branch.

    CITIZENSHIP REQUIREMENT FOR EMPLOYEES COMPENSATED FROM APPROPRIATED
                                   FUNDS
      Pub. L. 109-115, div. A, title VIII, Sec. 805, Nov. 30, 2005, 119
    Stat. 2496, provided that: "Unless otherwise specified during the
    current fiscal year, no part of any appropriation contained in this
    or any other Act shall be used to pay the compensation of any
    officer or employee of the Government of the United States
    (including any agency the majority of the stock of which is owned
    by the Government of the United States) whose post of duty is in
    the continental United States unless such person: (1) is a citizen
    of the United States; (2) is a person in the service of the United
    States on the date of the enactment of this Act [Nov. 30, 2005]
    who, being eligible for citizenship, has filed a declaration of
    intention to become a citizen of the United States prior to such
    date and is actually residing in the United States; (3) is a person
    who owes allegiance to the United States; (4) is an alien from
    Cuba, Poland, South Vietnam, the countries of the former Soviet
    Union, or the Baltic countries lawfully admitted to the United
    States for permanent residence; (5) is a South Vietnamese,
    Cambodian, or Laotian refugee paroled in the United States after
    January 1, 1975; or (6) is a national of the People's Republic of
    China who qualifies for adjustment of status pursuant to the
    Chinese Student Protection Act of 1992 (Public Law 102-404) [8
    U.S.C. 1255 note]: Provided, That for the purpose of this section,
    an affidavit signed by any such person shall be considered prima
    facie evidence that the requirements of this section with respect
    to his or her status have been complied with: Provided further,
    That any person making a false affidavit shall be guilty of a
    felony, and, upon conviction, shall be fined no more than $4,000 or
    imprisoned for not more than 1 year, or both: Provided further,
    That the above penal clause shall be in addition to, and not in
    substitution for, any other provisions of existing law: Provided
    further, That any payment made to any officer or employee contrary
    to the provisions of this section shall be recoverable in action by
    the Federal Government. This section shall not apply to citizens of
    Ireland, Israel, or the Republic of the Philippines, or to
    nationals of those countries allied with the United States in a
    current defense effort, or to international broadcasters employed
    by the United States Information Agency, or to temporary employment
    of translators, or to temporary employment in the field service
    (not to exceed 60 days) as a result of emergencies."
      [For abolition of United States Information Agency (other than
    Broadcasting Board of Governors and International Broadcasting
    Bureau), transfer of functions, and treatment of references
    thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign
    Relations and Intercourse.]
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 108-447, div. H, title VI, Sec. 605, Dec. 8, 2004, 118
    Stat. 3273.
      Pub. L. 108-199, div. F, title VI, Sec. 605, Jan. 23, 2004, 118
    Stat. 350.
      Pub. L. 108-7, div. J, title VI, Sec. 605, Feb. 20, 2003, 117
    Stat. 464.
      Pub. L. 107-67, title VI, Sec. 605, Nov. 12, 2001, 115 Stat. 545,
    as amended by Pub. L. 108-188, title I, Sec. 110, Dec. 17, 2003,
    117 Stat. 2757.
      Pub. L. 106-554, Sec. 1(a)(3) [title VI, Sec. 605], Dec. 21,
    2000, 114 Stat. 2763, 2763A-155.
      Pub. L. 106-58, title VI, Sec. 605, Sept. 29, 1999, 113 Stat.
    466.
      Pub. L. 105-277, div. A, Sec. 101(h) [title VI, Sec. 606], Oct.
    21, 1998, 112 Stat. 2681-480, 2681-513.
      Pub. L. 105-61, title VI, Sec. 606, Oct. 10, 1997, 111 Stat.
    1309.
      Pub. L. 104-208, div. A, title I, Sec. 101(f) [title VI, Sec.
    606], Sept. 30, 1996, 110 Stat. 3009-314, 3009-354.
      Pub. L. 104-52, title VI, Sec. 606, Nov. 19, 1995, 109 Stat. 497.
      Pub. L. 103-329, title VI, Sec. 606, Sept. 30, 1994, 108 Stat.
    2416.
      Pub. L. 103-123, title VI, Sec. 606, Oct. 28, 1993, 107 Stat.
    1259.
      Pub. L. 102-393, title VI, Sec. 607, Oct. 6, 1992, 106 Stat.
    1766.
      Pub. L. 102-141, title VI, Sec. 607, Oct. 28, 1991, 105 Stat.
    868.
      Pub. L. 101-509, title VI, Sec. 603, Nov. 5, 1990, 104 Stat.
    1471.
      Pub. L. 101-136, title VI, Sec. 603, Nov. 3, 1989, 103 Stat. 816.
      Pub. L. 100-440, title VI, Sec. 603, Sept. 22, 1988, 102 Stat.
    1751.
      Pub. L. 100-202, Sec. 101(m) [title VI, Sec. 603], Dec. 22, 1987,
    101 Stat. 1329-390, 1329-419.
      Pub. L. 99-500, Sec. 101(m) [title VI, Sec. 603], Oct. 18, 1986,
    100 Stat. 1783-308, 1783-328, and Pub. L. 99-591, Sec. 101(m)
    [title VI, Sec. 603], Oct. 30, 1986, 100 Stat. 3341-308, 3341-328.
      Pub. L. 99-190, title I, Sec. 101(h) [H.R. 3036, title VI, Sec.
    603], Dec. 19, 1985, 99 Stat. 1291.
      Pub. L. 98-473, title I, Sec. 101(j) [H.R. 5798, title VI, Sec.
    604], Oct. 12, 1984, 98 Stat. 1963.
      Pub. L. 98-151, Sec. 101(f) [H.R. 4139, title VI, Sec. 603], Nov.
    14, 1983, 97 Stat. 973.
      Pub. L. 97-377, title I, Sec. 101(a) [incorporating H.R. 4121,
    title VI, Sec. 603, for FY 1982], Dec. 21, 1982, 96 Stat. 1830.
      Pub. L. 97-92, Sec. 101(a) [H.R. 4121, title VI, Sec. 603], Dec.
    15, 1981, 95 Stat. 1183.
      Pub. L. 96-536, Sec. 101(a) [incorporating Pub. L. 96-74, title
    VI, Sec. 602], Dec. 16, 1980, 94 Stat. 3166.
      Pub. L. 96-74, title VI, Sec. 602, Sept. 29, 1979, 93 Stat. 574.
      Pub. L. 95-429, title VI, Sec. 602, Oct. 10, 1978, 92 Stat. 1015.
      Pub. L. 95-81, title VI, Sec. 602, July 31, 1977, 91 Stat. 354.
      Pub. L. 94-419, title VII, Sec. 750, Sept. 22, 1976, 90 Stat.
    1299.
      Pub. L. 94-363, title VI, Sec. 602, July 14, 1976, 90 Stat. 977.
      Pub. L. 94-212, title VII, Sec. 753, Feb. 9, 1976, 90 Stat. 177.
      Pub. L. 94-91, title VI, Sec. 602, Aug. 9, 1975, 89 Stat. 458.
      Pub. L. 93-381, title VI, Sec. 602, Aug. 21, 1974, 88 Stat. 630.
      Pub. L. 93-143, title VI, Sec. 602, Oct. 30, 1973, 87 Stat. 524.
      Pub. L. 92-351, title VI, Sec. 602, July 13, 1972, 86 Stat. 487.
      Pub. L. 92-49, title VI, Sec. 602, July 9, 1971, 85 Stat. 122.
      Pub. L. 91-439, title V, Sec. 502, Oct. 7, 1970, 84 Stat. 902.
      Pub. L. 91-144, title V, Sec. 502, Dec. 11, 1969, 83 Stat. 336.
      Pub. L. 90-479, title V, Sec. 502, Aug. 12, 1968, 82 Stat. 717.
      Pub. L. 90-147, title V, Sec. 502, Nov. 20, 1967, 81 Stat. 483.
      Pub. L. 89-689, title V, Sec. 502, Oct. 15, 1966, 80 Stat. 1014.
      Pub. L. 89-299, title V, Sec. 502, Oct. 28, 1965, 79 Stat. 1108.
      Pub. L. 88-511, title V, Sec. 502, Aug. 30, 1964, 78 Stat. 693.
      Pub. L. 88-257, title V, Sec. 502, Dec. 31, 1963, 77 Stat. 855.
      Pub. L. 87-880, title V, Sec. 502, Oct. 24, 1962, 76 Stat. 1227.
      Pub. L. 87-125, title V, Sec. 502, Aug. 3, 1961, 75 Stat. 282.
      Pub. L. 86-642, title II, Sec. 202, July 12, 1960, 74 Stat. 476.
      Pub. L. 86-79, title II, Sec. 202, July 8, 1959, 73 Stat. 165.
      Pub. L. 85-468, title II, Sec. 202, June 25, 1958, 72 Stat. 224.
      Pub. L. 85-48, title II, Sec. 202, June 5, 1957, 71 Stat. 53.
      June 13, 1956, ch. 385, title II, Sec. 202, 70 Stat. 280.
      June 29, 1955, ch. 226, title II, Sec. 202, 69 Stat. 195.
      Aug. 26, 1954, ch. 935, Ch. XIII, Sec. 1302, 68 Stat. 828.
      Aug. 7, 1953, ch. 340, Ch. XIII, Sec. 1302, 67 Stat. 435.
      July 15, 1952, ch. 758, Ch. XIV, Sec. 1402, 66 Stat. 659.
      Nov. 1, 1951, ch. 664, Ch. XIII, Sec. 1302, 65 Stat. 755.
      Sept. 6, 1950, ch. 897, Ch. XII, Sec. 1202, 64 Stat. 763.
      Aug. 24, 1949, ch. 506, title III, Sec. 302, 63 Stat. 661.
      Apr. 20, 1948, ch. 219, title II, Sec. 202, 62 Stat. 193.
      July 30, 1947, ch. 359, title II, Sec. 202, 61 Stat. 608.
      Mar. 28, 1946, ch. 113, title II, Sec. 206, 60 Stat. 80.
      May 3, 1945, ch. 106, title II, Sec. 206, 59 Stat. 132.
      June 27, 1944, ch. 286, title II, Sec. 205, 58 Stat. 385.
      June 26, 1943, ch. 145, title II, Sec. 205, 57 Stat. 196.
      Citizenship requirement for permanent officers and employees of
    Census Bureau, see section 22 of Title 13, Census.
      Exceptions to citizenship requirement for - 
        Department of Defense personnel, see section 1584 of Title 10,
         Armed Forces.
        Department of State employees, see sections 2669, 2672 of Title
         22, Foreign Relations and Intercourse.
        Department of the Navy personnel, see section 7473 of Title 10.
        Library of Congress positions, see section 169 of Title 2, The
         Congress.
        National Aeronautics and Space Administration employees, see
         section 2473 of Title 42, The Public Health and Welfare.

      EMPLOYMENT OF PERSONNEL DURING NATIONAL EMERGENCY PROCLAIMED ON
                               DEC. 16, 1950
      Section 1310 of act Nov. 1, 1951, ch. 664, Ch. XIII, 65 Stat.
    757, as amended June 5, 1952, ch. 369, Ch. XIII, Sec. 1302, 66
    Stat. 122; Sept. 1, 1954, ch. 1208, title VI, Sec. 602, 68 Stat.
    1115; Oct. 11, 1962, Pub. L. 87-793, Sec. 717(b), 76 Stat. 858;
    Aug. 6, 1965, Pub. L. 89-114, 79 Stat. 448; Oct. 11, 1967, Pub. L.
    90-105, Sec. 3, 81 Stat. 274; Apr. 21, 1976, Pub. L. 94-273, Sec.
    4(5), 90 Stat. 377, provided that, upon the enactment of this Act
    [Nov. 1, 1951] and until termination of the national emergency
    proclaimed by the President on Dec. 16, 1950, agencies shall use
    their authority to require initial appointment be made on other
    than a permanent basis to limit the number of permanent employees,
    the Civil Service Commission facilitate the transfer of Federal
    employees from nondefense to defense activities with reemployment
    rights and make use of its authority to prohibit excessively rapid
    promotions, and agencies review certain positions annually and
    report to Congressional committees. All powers and authorities
    under section 1310 of act Nov. 1, 1951, as amended, terminated 2
    years from Sept. 14, 1976, pursuant to Pub. L. 94-412, title I,
    Sec. 101, Sept. 14, 1976, 90 Stat. 1255 (50 U.S.C. 1601).


-EXEC-
        EX. ORD. NO. 12839. REDUCTION OF 100,000 FEDERAL POSITIONS    
      Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided:
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section 301
    of title 3, United States Code, section 3301 of title 5, United
    States Code, and section 1111 of title 31, United States Code, it
    is hereby ordered as follows:
      Section 1. Limits on Hiring Civilian Personnel. Each executive
    department or agency with over 100 employees shall eliminate not
    less than 4 percent of its civilian personnel positions (measured
    on a full-time equivalent (FTE) basis) over the next 3 fiscal
    years. The positions shall be vacated through attrition or early
    out programs established at the discretion of the department and
    agency heads. At least 10 percent of the reductions shall come from
    the Senior Executive Service, GS-15 and GS-14 levels or equivalent.
      Sec. 2. Coverage. This order applies to all executive branch
    departments and agencies with over 100 employees (measured on a FTE
    basis).
      Sec. 3. Target Dates. Each department and agency shall achieve 25
    percent of its total reductions by the end of fiscal year 1993,
    62.5 percent by the end of fiscal year 1994, and 100 percent by the
    end of fiscal year 1995.
      Sec. 4. Implementation. The Director of the Office of Management
    and Budget shall issue detailed instructions regarding the
    implementation of this order, including exemptions necessary for
    the delivery of essential services and compliance with applicable
    law.
      Sec. 5. Independent Agencies. All independent regulatory
    commissions and agencies are requested to comply with the
    provisions of this order.
                                                     William J. Clinton.

-End-



-CITE-
    5 USC Sec. 3102                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3102. Employment of personal assistants for handicapped
      employees, including blind and deaf employees

-STATUTE-
      (a) For the purpose of this section - 
        (1) "agency" means - 
          (A) an Executive agency;
          (B) the Library of Congress; and
          (C) an office, agency, or other establishment in the judicial
        branch;

        (2) "handicapped employee" means an individual employed by an
      agency who is blind or deaf or who otherwise qualifies as a
      handicapped individual within the meaning of section 501 of the
      Rehabilitation Act of 1973 (29 U.S.C. 794); and
        (3) "nonprofit organization" means an organization determined
      by the Secretary of the Treasury to be an organization described
      in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.
      501(c)) which is exempt from taxation under section 501(a) of
      such Code.

      (b)(1) The head of each agency may employ one or more personal
    assistants who the head of the agency determines are necessary to
    enable a handicapped employee of that agency to perform the
    employee's official duties and who shall serve without pay from the
    agency without regard to - 
        (A) the provisions of this title governing appointment in the
      competitive service;
        (B) chapter 51 and subchapter III of chapter 53 of this title;
      and
        (C) section 1342 of title 31.

    Such employment may include the employing of a reading assistant or
    assistants for a blind employee or an interpreting assistant or
    assistants for a deaf employee.
      (2) A personal assistant, including a reading or interpreting
    assistant, employed under this subsection may receive pay for
    services performed by the assistant from the handicapped employee
    or a nonprofit organization, without regard to section 209 of title
    18.
      (c) The head of each agency may also employ or assign one or more
    personal assistants who the head of the agency determines are
    necessary to enable a handicapped employee of that agency to
    perform the employee's official duties. Such employment may include
    the employing of a reading assistant or assistants for a blind
    employee or an interpreting assistant or assistants for a deaf
    employee.
      (d)(1) In the case of any handicapped employee (including a blind
    or deaf employee) traveling on official business, the head of the
    agency may authorize the payment to an individual to accompany or
    assist (or both) the handicapped employee for all or a portion of
    the travel period involved. Any payment under this subsection to
    such an individual may be made either directly to that individual
    or by advancement or reimbursement to the handicapped employee.
      (2) With respect to any individual paid to accompany or assist a
    handicapped employee under paragraph (1) of this subsection - 
        (A) the amount paid to that individual shall not exceed the
      limit or limits which the Office of Personnel Management shall
      prescribe by regulation to ensure that the payment does not
      exceed amounts (including pay and, if appropriate, travel
      expenses and per diem allowances) which could be paid to an
      employee assigned to accompany or assist the handicapped
      employee; and
        (B) that individual shall be considered an employee, but only
      for purposes of chapter 81 of this title (relating to
      compensation for injury) and sections 2671 through 2680 of title
      28 (relating to tort claims).

      (e) This section may not be held or considered to prevent or
    limit in any way the assignment to a handicapped employee
    (including a blind or deaf employee) by an agency of clerical or
    secretarial assistance, at the expense of the agency under statutes
    and regulations currently applicable at the time, if that
    assistance normally is provided, or authorized to be provided, in
    that manner under currently applicable statutes and regulations.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414; Pub. L. 90-623, Sec.
    1(3), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95-454, title III, Sec.
    302(a), (b)(2), Oct. 13, 1978, 92 Stat. 1145, 1146; Pub. L. 96-54,
    Sec. 2(a)(11), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-523, Sec.
    1(a), Dec. 12, 1980, 94 Stat. 3039; Pub. L. 97-258, Sec. 3(a)(3),
    Sept. 13, 1982, 96 Stat. 1063; Pub. L. 99-514, Sec. 2, Oct. 22,
    1986, 100 Stat. 2095; Pub. L. 106-518, title III, Sec. 311, Nov.
    13, 2000, 114 Stat. 2421; Pub. L. 106-553, Sec. 1(a)(2) [title III,
    Sec. 307], Dec. 21, 2000, 114 Stat. 2762, 2762A-86.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 43a.            Aug. 29, 1962, Pub. L.      
                                              87-614, 76 Stat. 408.      
    --------------------------------------------------------------------

      In subsection (a)(1), the word "agency" is substituted for
    "department". The words "Executive agency" are coextensive with and
    substituted for "each executive department of the Federal
    Government, each agency or independent establishment in the
    executive branch of such Government, each corporation wholly owned
    or controlled by such Government, and the General Accounting
    Office" in view of the definition of "Executive agency" in section
    105.
      In subsection (a)(3), the words "individual employed" are
    substituted for "employee" so as to include individuals employed by
    the government of the District of Columbia who are not employees as
    defined by section 2105.
      In subsection (b), the word "may" is substituted for "is
    authorized" and the words "in his discretion" are omitted as
    unnecessary in view of the permissive nature of the authority. The
    words "in the provisions of this title governing appointment in the
    competitive service" are substituted for "the civil service rules".
    The words "section 209 of title 18" are substituted for "section
    1914 of title 18" on authority of the Act of Oct. 24, 1962, Pub. L.
    87-849, Sec. 2, 76 Stat. 1126.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 501 of the Rehabilitation Act of 1973, referred to in
    subsec. (a)(2), is classified to section 791 of Title 29, Labor,
    rather than to section 794 of Title 29 as shown in text.


-MISC2-
                                AMENDMENTS                            
      2000 - Subsec. (a)(1)(C). Pub. L. 106-518 and Pub. L. 106-553
    amended par. (1) identically, adding subpar. (C).
      1986 - Subsec. (a)(3). Pub. L. 99-514 substituted "Internal
    Revenue Code of 1986" for "Internal Revenue Code of 1954".
      1982 - Subsec. (b)(1)(C). Pub. L. 97-258 substituted "section
    1342 of title 31" for "section 3679(b) of the Revised Statutes (31
    U.S.C. 665(b))".
      1980 - Pub. L. 96-523 amended section generally and, among other
    changes, in section catchline substituted "personal assistants for
    handicapped employees, including blind and" for "reading assistants
    for blind employees and interpreting assistants for", in subsec.
    (a) substituted applicability to handicapped employees for
    applicability to blind and deaf employees omitted applicability to
    the government of the District of Columbia, in subsec. (b)
    substituted applicability to personal assistants for applicability
    to reading and interpreting assistants for blind and deaf
    employees, respectively, redesignated former subsec. (d) as (c) and
    made changes in phraseology, added subsec. (d), and redesignated
    former subsec. (c) as (e) and made changes in phraseology.
      1979 - Subsec. (a)(2). Pub. L. 96-54 substituted "Mayor" for
    "Commissioner".
      1978 - Pub. L. 95-454, Sec. 302(b)(2), substituted "reading
    assistants for blind employees and interpreting assistants for deaf
    employees" for "readers for blind employees" in section catchline.
      Subsec. (a)(4), (5). Pub. L. 95-454, Sec. 302(a)(1), added par.
    (4) and redesignated former par. (4) as (5).
      Subsec. (b). Pub. L. 95-454, Sec. 302(a)(2), inserted provisions
    respecting applicability to employment and compensation for
    interpreting assistant or assistants for deaf employees.
      Subsec. (c). Pub. L. 95-454, Sec. 302(a)(3), inserted "or deaf"
    after "blind".
      Subsec. (d). Pub. L. 95-454, Sec. 302(a)(4), added subsec. (d).
      1968 - Subsec. (a)(2). Pub. L. 90-623 substituted "Commissioner"
    for "Board of Commissioners".

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Section 3 of Pub. L. 96-523 provided that: "The amendments made
    by this Act [amending this section, section 7 of the Federal
    Advisory Committee Act, set out in the Appendix to this title,
    section 604 of Title 28, Judiciary and Judicial Procedure, and
    section 410 of Title 39, Postal Service] shall take effect sixty
    days after the date of the enactment of this Act [Dec. 12, 1980]."

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-54 effective July 12, 1979, see section
    2(b) of Pub. L. 96-54, set out as a note under section 305 of this
    title.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
    1978, see section 907 of Pub. L. 95-454, set out as a note under
    section 1101 of this title.

                     EFFECTIVE DATE OF 1968 AMENDMENT                 
      Amendment by Pub. L. 90-623 intended to restate without
    substantive change the law in effect on Oct. 22, 1968, see section
    6 of Pub. L. 90-623, set out as a note under section 5334 of this
    title.

-End-



-CITE-
    5 USC Sec. 3103                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3103. Employment at seat of Government only for services
      rendered

-STATUTE-
      An individual may be employed in the civil service in an
    Executive department at the seat of Government only for services
    actually rendered in connection with and for the purposes of the
    appropriation from which he is paid. An individual who violates
    this section shall be removed from the service.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 46.             Aug. 5, 1882, ch. 389, Sec. 
                                              4 (less 255th through 316th
                                              words), 22 Stat. 255.      
                                             Sept. 23, 1950, ch. 1010,   
                                              Sec. 7, 64 Stat. 986.      
                    5 U.S.C. 47 (so much     Aug. 23, 1912, ch. 350,     
                     as relates to            Sec. 5 (so much as relates 
                     removal).                to removal), 37 Stat. 414. 
    --------------------------------------------------------------------

      The words "civil officer, draughtsman, copyist, messenger,
    assistant messenger, mechanic, watchman, laborer, or other
    employee" are omitted as obsolete language and "individual" is
    substituted therefor. The words "in the civil service" are added to
    preserve the application of former section 46 to civilian
    employees. The words "or subordinate bureaus or offices thereof"
    are omitted as surplusage. The words "and at the rate of pay usual
    and proper for the services" are omitted as surplusage since all
    pay rates are governed by statute.
      All after the 75th words of section 4 of the Act of Aug. 5, 1882,
    as amended by section 7(b) of the Act of Sept. 23, 1950, except the
    255th through 316th words, are omitted as executed. The 255th
    through 296th words are scheduled for repeal as superseded (see
    Table II-b), and the 297th through 316th words are codified in
    section 5501. The Act of Aug. 15, 1876, ch. 287, Sec. 5, 19 Stat.
    169, cited as authority for former section 46 was repealed by
    section 7(a) of the Act of Sept. 23, 1950.
      In the last sentence, the word "removed" is substituted for
    "summarily removed" because of the provisions of the Lloyd-
    LaFollette Act, 37 Stat. 555, as amended, and the Veterans'
    Preference Act of 1944, 58 Stat. 387, as amended, which are carried
    into this title.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-End-



-CITE-
    5 USC Sec. 3104                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3104. Employment of specially qualified scientific and
      professional personnel

-STATUTE-
      (a) The Director of the Office of Personnel Management may
    establish, and from time to time revise, the maximum number of
    scientific or professional positions for carrying out research and
    development functions which require the services of specially
    qualified personnel which may be established outside of the General
    Schedule. Any such position may be established by action of the
    Director or, under such standards and procedures as the Office
    prescribes (including procedures under which the prior approval of
    the Director may be required), by agency action.
      (b) The provisions of subsection (a) of this section shall not
    apply to any Senior Executive Service position (as defined in
    section 3132(a) of this title).
      (c) In addition to the number of positions authorized by
    subsection (a) of this section, the Librarian of Congress may
    establish, without regard to the second sentence of subsection (a)
    of this section, not more than 8 scientific or professional
    positions to carry out the research and development functions of
    the Library of Congress which require the services of specially
    qualified personnel.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 90-83, Sec.
    1(7), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-375, Sec. 6(c)(5),
    Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454, title IV, Sec.
    414(a)(2)(B), (C), title VIII, Sec. 801(a)(3)(C), Oct. 13, 1978, 92
    Stat. 1178, 1221; Pub. L. 99-386, title I, Sec. 101(b), Aug. 22,
    1986, 100 Stat. 821; Pub. L. 102-378, Sec. 2(7), Oct. 2, 1992, 106
    Stat. 1346.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
                                 1966 ACT                             
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
    (a)             5 U.S.C. 1161 (less      Oct. 4, 1961, Pub. L.       
                     2d sentence of (g)).     87-367, Sec. 202 "Sec. 1", 
                                              75 Stat. 789.              
                                             Oct. 11, 1962, Pub. L.      
                                              87-793, Sec. 1001(a)(2)    
                                              "(g) (less 2d sentence)",  
                                              76 Stat. 863.              
    (b)             5 U.S.C. 1162(c).        Oct. 4, 1961, Pub. L.       
                                              87-367, Sec. 202 "Sec.     
                                              2(c)", 75 Stat. 790.       
    (c)             5 U.S.C. 1163.           Oct. 4, 1961, Pub. L.       
                                              87-367, Sec. 202 "Sec. 3", 
                                              75 Stat. 790.              
    --------------------------------------------------------------------

      In subsection (a), the authority to fix pay is omitted and
    carried into section 5361.
      In subsection (b), the words "subsequent to February 1, 1958"
    appearing in former section 1162(c) are omitted as obsolete.
      The Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended by the
    following Acts is omitted from the derivation and repealed (see
    Table II) as superseded by the Act of Oct. 4, 1961, Pub. L. 87-367,
    Sec. 202, 75 Stat. 789, which is carried into this section and
    sections 3325 and 5361:
      June 24, 1948, ch. 624, 62 Stat. 604.
      July 13, 1949, ch. 332, 63 Stat. 410.
      July 31, 1956, ch. 804 Sec. 501(a), 70 Stat. 761.
      Aug. 10, 1956, ch. 1041, Sec. 28, 70A Stat. 631.
      June 20, 1958, Pub. L. 85-462, Sec. 12(a)-(d), 72 Stat. 213A.
      Sept. 23, 1959, Pub. L. 86-370, Sec. 4, 73 Stat. 651.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.



                                 1967 ACT                             
    --------------------------------------------------------------------
     Section of       Source (U.S. Code)      Source (Statutes at Large) 
       title 5                                                           
    --------------------------------------------------------------------
    3104(a)(5)      5 App.: 1161(e).         July 5, 1966, Pub. L.       
                                              89-492 Sec. 5, 80 Stat. 262.
    --------------------------------------------------------------------

      The amendment to 5 U.S.C. 3104(a)(5) reflects Public Law 89-492,
    section 5.
      The other amendments to 5 U.S.C. 3104 are based on section 302 of
    the act of July 20, 1958, Public Law 85-568 (72 Stat. 433), 42
    U.S.C. 2453, and transfer plan, effective March 15, 1960, 25
    Federal Register 2151, section (2)(a)(2), (b) of which in effect
    transferred from the Department of Defense to the National
    Aeronautics and Space Administration 12 of the 450 scientific and
    professional positions authorized by section 2 of Public Law 86-377
    (10 U.S.C. 1581). Provisions relating to the date for reporting to
    Congress are based on 10 U.S.C. 1582.

                                AMENDMENTS                            
      1992 - Subsec. (a). Pub. L. 102-378 struck out "(not to exceed
    517)" after "positions" in first sentence and amended second
    sentence generally, substituting provisions authorizing
    establishment of positions by Director and by agency action for
    provisions specifying that only Director may establish positions.
      1986 - Pub. L. 99-386 struck out subsec. (b) relating to reports
    to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) as
    subsecs. (a), (b), and (c), respectively, and substituted
    "subsection (a) of this section" for "paragraph (1) of this
    subsection" wherever appearing in subsecs. (b) and (c) as
    redesignated.
      1978 - Subsec. (a). Pub. L. 95-454, Sec. 414(a)(2)(B),
    substituted provisions authorizing the Director to establish the
    maximum number of scientific or professional positions, excepting
    Senior Executive Service positions, and authorizing the Librarian
    to establish not more than 8 such positions for provisions
    authorizing the head of certain named agencies to establish a
    specified number of scientific or professional positions.
      Subsec. (b). Pub. L. 95-454, Sec. 414(a)(2)(B), (C), struck out
    subsec. (b), redesignated subsec. (c) as (b), and substituted in
    subsec. (b), as redesignated, "to fix under section 5361 of this
    title the pay for positions established under this section" for "to
    establish and fix the pay of positions under this section and
    section 5361 of this title".
      Pub. L. 95-454, Sec. 801(a)(3)(C), substituted in subsec. (b), as
    redesignated, "section 5371 of this title" for "section 5361 of
    this title".
      Subsec. (c). Pub. L. 95-454, Sec. 414(a)(2)(C)(i), redesignated
    subsec. (c) as (b).
      1970 - Subsec. (a)(5). Pub. L. 91-375 repealed provision for
    employment in Post Office Department in scientific or professional
    positions of not more than 6 qualified individuals.

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by section 801(a)(3)(C) of Pub. L. 95-454 effective on
    first day of first applicable pay period beginning on or after 90th
    day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454,
    set out as an Effective Date note under section 5361 of this title.
      Amendment by section 414(a)(2)(B), (C) of Pub. L. 95-454
    effective 180 days after Oct. 13, 1978, see section 415(a)(3) of
    Pub. L. 95-454, set out as an Effective Date note under section
    3131 of this title.

                     EFFECTIVE DATE OF 1970 AMENDMENT                 
      Amendment by Pub. L. 91-375 effective within 1 year after Aug.
    12, 1970, on date established therefor by Board of Governors of
    United States Postal Service and published by it in Federal
    Register, see section 15(a) of Pub. L. 91-375, set out as an
    Effective Date note preceding section 101 of Title 39, Postal
    Service.

        EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL
                                 PERSONNEL
      Pub. L. 105-261, div. A, title XI, Sec. 1101, Oct. 17, 1998, 112
    Stat. 2139, as amended by Pub. L. 106-65, div. A, title X, Sec.
    1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1
    [[div. A] title X, Sec. 1087(d)(6), title XI, Sec. 1113], Oct. 30,
    2000, 114 Stat. 1654, 1654A-293, 1654A-314; Pub. L. 108-136, div.
    A, title IX, Sec. 921(g), title XI, Sec. 1116, Nov. 24, 2003, 117
    Stat. 1570, 1636; Pub. L. 109-364, div. A, title XI, Sec. 1103,
    Oct. 17, 2006, 120 Stat. 2408, provided that:
      "(a) Program Authorized. - During the program period specified in
    subsection (e)(1), the Secretary of Defense may carry out a program
    of experimental use of the special personnel management authority
    provided in subsection (b) in order to facilitate recruitment of
    eminent experts in science or engineering for research and
    development projects administered by the Defense Advanced Research
    Projects Agency and research and development projects administered
    by laboratories designated for the program by the Secretary from
    among the laboratories of each of the military departments.
      "(b) Special Personnel Management Authority. - Under the program,
    the Secretary may - 
        "(1) without regard to any provision of title 5, United States
      Code, governing the appointment of employees in the civil
      service, appoint scientists and engineers from outside the civil
      service and uniformed services (as such terms are defined in
      section 2101 of such title) to - 
          "(A) not more than 40 scientific and engineering positions in
        the Defense Advanced Research Projects Agency;
          "(B) not more than 40 scientific and engineering positions in
        the designated laboratories of each of the military services;
        and
          "(C) not more than a total of 10 scientific and engineering
        positions in the National Geospatial-Intelligence Agency and
        the National Security Agency;
        "(2) prescribe the rates of basic pay for positions to which
      employees are appointed under paragraph (1) at rates not in
      excess of the maximum rate of basic pay authorized for senior-
      level positions under section 5376 of title 5, United States
      Code, as increased by locality-based comparability payments under
      section 5304 of such title, notwithstanding any provision of such
      title governing the rates of pay or classification of employees
      in the executive branch; and
        "(3) pay any employee appointed under paragraph (1) payments in
      addition to basic pay within the limit applicable to the employee
      under subsection (d)(1).
      "(c) Limitation on Term of Appointment. - (1) Except as provided
    in paragraph (2), the service of an employee under an appointment
    under subsection (b)(1) may not exceed 4 years.
      "(2) The Secretary may, in the case of a particular employee,
    extend the period to which service is limited under paragraph (1)
    by up to 2 years if the Secretary determines that such action is
    necessary to promote the efficiency of the Defense Advanced
    Research Projects Agency.
      "(d) Limitations on Additional Payments. - (1) The total amount
    of the additional payments paid to an employee under subsection
    (b)(3) for any 12-month period may not exceed the least of the
    following amounts:
        "(A) $25,000.
        "(B) The amount equal to 25 percent of the employee's annual
      rate of basic pay.
        "(C) The amount of the limitation that is applicable for a
      calendar year under section 5307(a)(1) of title 5, United States
      Code.
      "(2) An employee appointed under subsection (b)(1) is not
    eligible for any bonus, monetary award, or other monetary incentive
    for service except for payments authorized under subsection (b)(3).
      "(e) Period of Program. - (1) The period for carrying out the
    program authorized under this section begins on October 17, 1998,
    and ends on September 30, 2011.
      "(2) After the termination of the program - 
        "(A) no appointment may be made under paragraph (1) of
      subsection (b);
        "(B) a rate of basic pay prescribed under paragraph (2) of that
      subsection may not take effect for a position; and
        "(C) no period of service may be extended under subsection
      (c)(2).
      "(f) Savings Provisions. - In the case of an employee who, on the
    last day of the program period specified in subsection (e)(1), is
    serving in a position pursuant to an appointment under subsection
    (b)(1) - 
        "(1) the termination of the program does not terminate the
      employee's employment in that position before the expiration of
      the lesser of - 
          "(A) the period for which the employee was appointed; or
          "(B) the period to which the employee's service is limited
        under subsection (c), including any extension made under
        paragraph (2) of that subsection before the termination of the
        program; and
        "(2) the rate of basic pay prescribed for the position under
      subsection (b)(2) may not be reduced for so long (within the
      period applicable to the employee under paragraph (1)) as the
      employee continues to serve in the position without a break in
      service.
      "(g) Annual Report. - (1) Not later than October 15 of each year,
    beginning in 1999 and ending in 2009, the Secretary of Defense
    shall submit a report on the program to the Committee on Armed
    Services of the Senate and the Committee on Armed Services of the
    House of Representatives. The report submitted in a year shall
    cover the 12-month period ending on the day before the anniversary,
    in that year, of the date of the enactment of this Act.
      "(2) The annual report shall contain, for the period covered by
    the report, the following:
        "(A) A detailed discussion of the exercise of authority under
      this section.
        "(B) The sources from which individuals appointed under
      subsection (b)(1) were recruited.
        "(C) The methodology used for identifying and selecting such
      individuals.
        "(D) Any additional information that the Secretary considers
      helpful for assessing the utility of the authority under this
      section."

     FBI PERSONNEL MANAGEMENT SYSTEM FOR NON-SPECIAL AGENT EMPLOYEES;
                         SECRETARY OF THE TREASURY
      Pub. L. 109-108, title I, Sec. 106, Nov. 22, 2005, 119 Stat.
    2304, provided that: "The Attorney General is authorized to extend
    through September 30, 2007, the Personnel Management Demonstration
    Project transferred to the Attorney General pursuant to section
    1115 of the Homeland Security Act of 2002, Public Law 107-296 (6
    U.S.C. 533) without limitation on the number of employees or the
    positions covered."
      Similar provisions were contained in the following prior
    appropriation act:
      Pub. L. 108-447, div. B, title I, Sec. 109, Dec. 8, 2004, 118
    Stat. 2868.
      Pub. L. 105-119, title I, Sec. 122, Nov. 26, 1997, 111 Stat.
    2469, as amended by Pub. L. 105-277, div. C, title I, Sec. 102,
    Oct. 21, 1998, 112 Stat. 2681-585; Pub. L. 107-67, title I, Sec.
    120, Nov. 12, 2001, 115 Stat. 525; Pub. L. 108-7, div. J, title I,
    Sec. 119, Feb. 20, 2003, 117 Stat. 439; Pub. L. 108-199, div. F,
    title II, Sec. 216, Jan. 23, 2004, 118 Stat. 320; Pub. L. 108-447,
    div. H, title II, Sec. 216, Dec. 8, 2004, 118 Stat. 3241; Pub. L.
    109-115, div. A, title II, Sec. 216, Nov. 30, 2005, 119 Stat. 2439,
    provided that during 3-year period beginning on Nov. 26, 1997,
    Director of the Federal Bureau of Investigation could, with
    approval of Attorney General, establish personnel management system
    providing for compensation and performance management of not more
    than 3,000 non-Special Agent employees to fill critical scientific,
    technical, engineering, intelligence analyst, language translator,
    and medical positions in Federal Bureau of Investigation, further
    authorized Secretary of the Treasury to establish, for period of
    eight years from Oct. 21, 1998, personnel management demonstration
    project providing for compensation and performance management of
    not more than combined total of 950 employees who fill critical
    scientific, technical, engineering, intelligence analyst, language
    translator, and medical positions in Bureau of Alcohol, Tobacco and
    Firearms, and further provided for submittal of reports to Congress
    and termination of authority to establish demonstration project on
    Nov. 26, 2000.
      [Personnel management demonstration project transferred to
    Attorney General for continued use by Bureau of Alcohol, Tobacco,
    Firearms, and Explosives, Department of Justice, and Secretary of
    the Treasury for continued use by Tax and Trade Bureau, see section
    533 of Title 6, Domestic Security.]

     TERMINATION OF AUTHORITY TO ESTABLISH SCIENTIFIC OR PROFESSIONAL
                  POSITIONS OUTSIDE THE GENERAL SCHEDULE
      Section 414(a)(2)(A) of Pub. L. 95-454 provided that:
    "Notwithstanding any other provision of law (other than section
    3104 of title 5, United States Code), the authority granted to an
    agency (as defined in section 5102(a)(1) of such title 5) to
    establish scientific or professional positions outside of the
    General Schedule is hereby terminated."
      Section 415(a)(3) of Pub. L. 95-454 provided that the provisions
    of section 414(a)(2)(A) take effect 180 days after Oct. 13, 1978.

      LIMITATIONS ON EXECUTIVE POSITIONS NOT TO APPLY TO INDIVIDUALS
               OCCUPYING THOSE POSITIONS ON OCTOBER 12, 1978
      Section 414(a)(3) of Pub. L. 95-454 provided that:
      "(A) The provisions of paragraphs (1) and (2) of this subsection
    [amending sections 3104 and 5108 of this title] shall not apply
    with respect to any position so long as the individual occupying
    such position on the day before the date of the enactment of this
    Act [Oct. 13, 1978] continues to occupy such position.
      "(B) The Director - 
        "(i) in establishing under section 5108 of title 5, United
      States Code, the maximum number of positions which may be placed
      in GS-16, 17, and 18 of the General Schedule, and
        "(ii) in establishing under section 3104 of such title 5 the
      maximum number of scientific or professional positions which may
      be established,
    shall take into account positions to which subparagraph (A) of this
    paragraph applies."
      [Section 415(a)(3) of Pub. L. 95-454 provided that the provisions
    of section 414(a)(3) are effective 180 days after Oct. 13, 1978.]
      [References in laws to rates of pay for GS-16, 17, or 18, or to
    maximum rates of pay under General Schedule, to be considered
    references to rates payable under specified sections of this title,
    see section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set
    out in a note under section 5376 of this title.]

-End-



-CITE-
    5 USC Sec. 3105                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3105. Appointment of administrative law judges

-STATUTE-
      Each agency shall appoint as many administrative law judges as
    are necessary for proceedings required to be conducted in
    accordance with sections 556 and 557 of this title. Administrative
    law judges shall be assigned to cases in rotation so far as
    practicable, and may not perform duties inconsistent with their
    duties and responsibilities as administrative law judges.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 95-251, Sec.
    2(a)(1), (b)(2), (d)(1), Mar. 27, 1978, 92 Stat. 183, 184.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 1010 (1st       June 11, 1946, ch. 324,     
                     sentence).               Sec. 11 (1st sentence), 60 
                                              Stat. 244.                 
    --------------------------------------------------------------------

      The words "Subject to the civil service" are omitted as
    unnecessary inasmuch as appointments are made subject to the civil
    service laws unless specifically excepted. The words "and other
    laws not inconsistent with this chapter" are omitted as unnecessary
    because of the organization of this title.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1978 - Pub. L. 95-251 substituted references to administrative
    law judges for references to hearing examiners in section catchline
    and wherever appearing in text.

    REFERENCES TO HEARING EXAMINER DEEMED REFERENCES TO ADMINISTRATIVE
                                 LAW JUDGE
      Section 3 of Pub. L. 95-251 provided that: "Any reference in any
    law, regulation, or order to a hearing examiner appointed under
    section 3105 of title 5, United States Code, shall be deemed to be
    a reference to an administrative law judge."

          HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF AGRICULTURE      
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of Agriculture not included in
    functions of officers, agencies, and employees of that Department
    transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2,
    Sec. 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in
    the Appendix to this title.

           HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF COMMERCE       
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of Commerce not included in
    functions of officers, agencies, and employees of that Department
    transferred to Secretary of Commerce by 1950 Reorg. Plan No. 5,
    Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in
    the Appendix to this title.

         HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE INTERIOR     
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of the Interior not included in
    functions of officers, agencies, and employees of that Department
    transferred to Secretary of the Interior by 1950 Reorg. Plan No. 3,
    Sec. 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, transferred
    set out in the Appendix to this title.

            HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF JUSTICE        
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of Justice not included in
    functions of officers, agencies, and employees of that Department
    transferred to Attorney General by 1950 Reorg. Plan No. 2, Sec. 1,
    eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the
    Appendix to this title.

             HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF LABOR         
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of Labor not included in functions
    of officers, agencies, and employees of Department transferred to
    Secretary of Labor by 1950 Reorg. Plan No. 6, Sec. 1, eff. May 24,
    1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this
    title.

         HEARING EXAMINERS EMPLOYED BY DEPARTMENT OF THE TREASURY     
      Functions vested by section 551 et seq. of this title in hearing
    examiners employed by Department of the Treasury not included in
    functions of officers, agencies, and employees of Department
    transferred to Secretary of the Treasury by 1950 Reorg. Plan No.
    26, Sec. 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set
    out in the Appendix to this title.

            HEARING EXAMINERS APPOINTED FOR INDIAN PROBATE WORK        
      Hearing examiners appointed for Indian probate work pursuant to
    former section 372-1 of Title 25, Indians, having met
    qualifications required for appointment pursuant to this section,
    deemed to have been appointed pursuant to this section, see section
    12(b) of Pub. L. 101-301, set out as a Savings Provision note under
    former section 372-1 of Title 25.

-End-



-CITE-
    5 USC Sec. 3106                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3106. Employment of attorneys; restrictions

-STATUTE-
      Except as otherwise authorized by law, the head of an Executive
    department or military department may not employ an attorney or
    counsel for the conduct of litigation in which the United States,
    an agency, or employee thereof is a party, or is interested, or for
    the securing of evidence therefor, but shall refer the matter to
    the Department of Justice. This section does not apply to the
    employment and payment of counsel under section 1037 of title 10.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 49.             R.S. Sec. 189.              
                                             Sept. 2, 1958, Pub. L.      
                                              85-861, Sec. 7(a), 72 Stat.
                                              1555.                      
                    5 U.S.C. 314.            R.S. Sec. 365.              
                                             Sept. 2, 1958, Pub. L.      
                                              85-861, Sec. 7(b), 72 Stat.
                                              1555.                      
    --------------------------------------------------------------------

      Sections 189 and 365 of the Revised Statutes, as amended, are
    combined and the section is revised to express the effect of the
    law since department heads have long employed, with the approval of
    Congress, attorneys to advise them in the conduct of their official
    duties. The law which concentrates the authority for the conduct of
    litigation in the Department of Justice is codified in section 516
    of title 28 by this bill.
      The words "Executive department" are substituted for "department"
    as the definition of "department" applicable to R.S. Sec. 189 is
    coextensive with the definition of "Executive department" in
    section 101. The words "or military department" are inserted to
    preserve the application of the source law. Before enactment of the
    National Security Act Amendments of 1949 (63 Stat. 578), the
    Department of the Army, the Department of the Navy, and the
    Department of the Air Force were Executive departments. The
    National Security Act Amendments of 1949 established the Department
    of Defense as an Executive Department including the Department of
    the Army, the Department of the Navy, and the Department of the Air
    Force as military departments, not as Executive departments.
    However, the source law for this section, which was in effect in
    1949, remained applicable to the Secretaries of the military
    departments by virtue of section 12(g) of the National Security Act
    Amendments of 1949 (63 Stat. 591), which is set out in the
    reviser's note for section 301.
      R.S. Sec. 189 was part of title IV of the Revised Statutes. The
    Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 1, 1949,
    ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which
    provides "Except to the extent inconsistent with the provisions of
    this Act [National Security Act of 1947], the provisions of title
    IV of the Revised Statutes as now or hereafter amended shall be
    applicable to the Department of Defense" is omitted from this title
    but is not repealed.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-End-



-CITE-
    5 USC Sec. 3107                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3107. Employment of publicity experts; restrictions

-STATUTE-
      Appropriated funds may not be used to pay a publicity expert
    unless specifically appropriated for that purpose.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 416.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 54.             Oct. 22, 1913, ch. 32, Sec. 
                                              1 (last par. under         
                                              "Interstate Commerce       
                                              Commission"), 38 Stat. 212.
    --------------------------------------------------------------------

      The prohibition is restated in positive form.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-End-



-CITE-
    5 USC Sec. 3108                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3108. Employment of detective agencies; restrictions

-STATUTE-
      An individual employed by the Pinkerton Detective Agency, or
    similar organization, may not be employed by the Government of the
    United States or the government of the District of Columbia.

-SOURCE-
    (Pub. L. 89- 554, Sept. 6, 1966, 80 Stat. 416.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 53.             Mar. 3, 1893, ch. 208 (5th  
                                              par. under "Public         
                                              Buildings"), 27 Stat. 591. 
    --------------------------------------------------------------------

      The prohibition is restated in positive form.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

-End-



-CITE-
    5 USC Sec. 3109                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3109. Employment of experts and consultants; temporary or
      intermittent

-STATUTE-
      (a) For the purpose of this section - 
        (1) "agency" has the meaning given it by section 5721 of this
      title; and
        (2) "appropriation" includes funds made available by statute
      under section 9104 of title 31.

      (b) When authorized by an appropriation or other statute, the
    head of an agency may procure by contract the temporary (not in
    excess of 1 year) or intermittent services of experts or
    consultants or an organization thereof, including stenographic
    reporting services. Services procured under this section are
    without regard to - 
        (1) the provisions of this title governing appointment in the
      competitive service;
        (2) chapter 51 and subchapter III of chapter 53 of this title;
      and
        (3) section 5 of title 41, except in the case of stenographic
      reporting services by an organization.

    However, an agency subject to chapter 51 and subchapter III of
    chapter 53 of this title may pay a rate for services under this
    section in excess of the daily equivalent of the highest rate
    payable under section 5332 of this title only when specifically
    authorized by the appropriation or other statute authorizing the
    procurement of the services.
      (c) Positions in the Senior Executive Service or the Federal
    Bureau of Investigation and Drug Enforcement Administration Senior
    Executive Service may not be filled under the authority of
    subsection (b) of this section.
      (d) The Office of Personnel Management shall prescribe
    regulations necessary for the administration of this section. Such
    regulations shall include - 
        (1) criteria governing the circumstances in which it is
      appropriate to employ an expert or consultant under the
      provisions of this section;
        (2) criteria for setting the pay of experts and consultants
      under this section; and
        (3) provisions to ensure compliance with such regulations.

      (e) Each agency shall report to the Office of Personnel
    Management on an annual basis with respect to - 
        (1) the number of days each expert or consultant employed by
      the agency during the period was so employed; and
        (2) the total amount paid by the agency to each expert and
      consultant for such work during the period.

-SOURCE-
    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 416; Pub. L. 95-454, title
    IV, Sec. 402(b), Oct. 13, 1978, 92 Stat. 1160; Pub. L. 97-258, Sec.
    3(a)(4), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 100-325, Sec. 2(b),
    May 30, 1988, 102 Stat. 581; Pub. L. 102-378, Sec. 2(8), Oct. 2,
    1992, 106 Stat. 1347.)

-MISC1-



                       HISTORICAL AND REVISION NOTES                   
    --------------------------------------------------------------------
     Derivation           U.S. Code              Revised Statutes and    
                                                   Statutes at Large     
    --------------------------------------------------------------------
                    5 U.S.C. 55a.            Aug. 2, 1946, ch. 744, Sec. 
                                              15, 60 Stat. 810.          
    --------------------------------------------------------------------

      In subsection (a), the definitions of "agency" and
    "appropriation" are added on authority of the Act of Aug. 2, 1946,
    ch. 744, Sec. 18, 60 Stat. 811.
      In subsection (b), the words "the provisions of this title
    governing appointment in the competitive service" are substituted
    for "the civil-service laws". The words "chapter 51 and subchapter
    III of chapter 53 of this title" are substituted for the reference
    to the classification laws which originally meant the
    Classification Act of 1923, as amended. Exception from the
    Classification Act of 1949 is based on sections 202(27) and 1106(a)
    of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 956, 972.
      Standard changes are made to conform with the definitions
    applicable and the style of this title as outlined in the preface
    to the report.

                                AMENDMENTS                            
      1992 - Subsecs. (d), (e). Pub. L. 102-378 added subsecs. (d) and
    (e).
      1988 - Subsec. (c). Pub. L. 100-325 inserted reference to Federal
    Bureau of Investigation and Drug Enforcement Administration Senior
    Executive Service.
      1982 - Subsec. (a)(2). Pub. L. 97-258 substituted "section 9104"
    for "section 849".
      1978 - Subsec. (c). Pub. L. 95-454 added subsec. (c).

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,
    1978, and congressional review of provisions of sections 401
    through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,
    set out as an Effective Date note under section 3131 of this title.

     APPROPRIATIONS RELATING TO LABOR, HEALTH AND HUMAN SERVICES, AND
        EDUCATION; PUBLIC DISCLOSURE OF CONSULTING SERVICE THROUGH
                           PROCUREMENT CONTRACT
      Pub. L. 102-394, title V, Sec. 501, Oct. 6, 1992, 106 Stat. 1825,
    provided that: "The expenditure of any appropriation under this Act
    or subsequent Departments of Labor, Health and Human Services, and
    Education, and Related Agencies Appropriations Acts for any
    consulting service through procurement contract, pursuant to 5
    U.S.C. 3109, shall be limited to those contracts where such
    expenditures are a matter of public record and available for public
    inspection, except where otherwise provided under existing law, or
    under existing Executive order issued pursuant to existing law."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title V, Sec. 501, Nov. 26, 1991, 105 Stat.
    1140.
      Pub. L. 101-517, title V, Sec. 501, Nov. 5, 1990, 104 Stat. 2220.
      Pub. L. 101-166, title V, Sec. 501, Nov. 21, 1989, 103 Stat.
    1189.
      Pub. L. 100-202, Sec. 101(h) [title V, Sec. 501], Dec. 22, 1987,
    101 Stat. 1329-256, 1329-287.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 501], Oct.
    18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.
    5233, title V, Sec. 501], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title V, Sec. 501, Dec. 12, 1985, 99 Stat. 1132.
      Pub. L. 98-619, title V, Sec. 501, Nov. 8, 1984, 98 Stat. 3332.
      Pub. L. 98-139, title V, Sec. 501, Oct. 31, 1983, 97 Stat. 898.
      Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 501], Dec.
    21, 1982, 96 Stat. 1878, 1904.

                AVAILABILITY OF APPROPRIATIONS FOR SERVICES            
      Pub. L. 102-394, title V, Sec. 503, Oct. 6, 1992, 106 Stat. 1825,
    provided that: "Appropriations contained in this Act or subsequent
    Departments of Labor, Health and Human Services, and Education, and
    Related Agencies Appropriations Acts, available for salaries and
    expenses, shall be available for services as authorized by 5 U.S.C.
    3109 but at rates for individuals not to exceed the per diem rate
    equivalent to the maximum rate payable for senior-level positions
    under 5 U.S.C. 5376."
      Similar provisions were contained in the following prior
    appropriation acts:
      Pub. L. 102-170, title V, Sec. 503, Nov. 26, 1991, 105 Stat.
    1140.
      Pub. L. 101-517, title V, Sec. 503, Nov. 5, 1990, 104 Stat. 2221.
      Pub. L. 101-166, title V, Sec. 503, Nov. 21, 1989, 103 Stat.
    1189.
      Pub. L. 100-202, Sec. 101(h) [title V, Sec. 503], Dec. 22, 1987,
    101 Stat. 1329-256, 1329-287.
      Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title V, Sec. 503], Oct.
    18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R.
    5233, title V, Sec. 503], Oct. 30, 1986, 100 Stat. 3341-287.
      Pub. L. 99-178, title V, Sec. 503, Dec. 12, 1985, 99 Stat. 1132.
      Pub. L. 98-619, title V, Sec. 503, Nov. 8, 1984, 98 Stat. 3333.
      Pub. L. 98-139, title V, Sec. 503, Oct. 31, 1983, 97 Stat. 899.
      Pub. L. 97-377, title I, Sec. 101(e)(1) [title V, Sec. 503], Dec.
    21, 1982, 96 Stat. 1878, 1904.

      APPROPRIATIONS RELATING TO ENERGY AND WATER DEVELOPMENT; PUBLIC
       DISCLOSURE OF CONSULTING SERVICE THROUGH PROCUREMENT CONTRACT
      Pub. L. 102-377, title V, Sec. 504, Oct. 2, 1992, 106 Stat. 1342,
    provided that: "The expenditure of any appropriation under this Act
    or subsequent Energy and Water Development Appropriations Acts for
    any consulting service through procurement contract, pursuant to
    section 3109 of title 5, United States Code, hereafter shall be
    limited to those contracts where such expenditures are a matter of
    public record and available for public inspection, except where
    otherwise provided under existing law, or under existing Executive
    Order issued pursuant to existing law."

-End-



-CITE-
    5 USC Sec. 3110                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3110. Employment of relatives; restrictions

-STATUTE-
      (a) For the purpose of this section - 
        (1) agency means - 
          (A) an Executive agency;
          (B) an office, agency, or other establishment in the
        legislative branch;
          (C) an office, agency, or other establishment in the judicial
        branch; and
          (D) the government of the District of Columbia;

        (2) "public official" means an officer (including the President
      and a Member of Congress), a member of the uniformed service, an
      employee and any other individual, in whom is vested the
      authority by law, rule, or regulation, or to whom the authority
      has been delegated, to appoint, employ, promote, or advance
      individuals, or to recommend individuals for appointment,
      employment, promotion, or advancement in connection with
      employment in an agency; and
        (3) "relative" means, with respect to a public official, an
      individual who is related to the public official as father,
      mother, son, daughter, brother, sister, uncle, aunt, first
      cousin, nephew, niece, husband, wife, father-in-law, mother-in-
      law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
      stepfather, stepmother, stepson, stepdaughter, stepbrother,
      stepsister, half brother, or half sister.

      (b) A public official may not appoint, employ, promote, advance,
    or advocate for appointment, employment, promotion, or advancement,
    in or to a civilian position in the agency in which he is serving
    or over which he exercises jurisdiction or control any individual
    who is a relative of the public official. An individual may not be
    appointed, employed, promoted, or advanced in or to a civilian
    position in an agency if such appointment, employment, promotion,
    or advancement has been advocated by a public official, serving in
    or exercising jurisdiction or control over the agency, who is a
    relative of the individual.
      (c) An individual appointed, employed, promoted, or advanced in
    violation of this section is not entitled to pay, and money may not
    be paid from the Treasury as pay to an individual so appointed,
    employed, promoted, or advanced.
      (d) The Office of Personnel Management may prescribe regulations
    authorizing the temporary employment, in the event of emergencies
    resulting from natural disasters or similar unforeseen events or
    circumstances, of individuals whose employment would otherwise be
    prohibited by this section.
      (e) This section shall not be construed to prohibit the
    appointment of an individual who is a preference eligible in any
    case in which the passing over of that individual on a certificate
    of eligibles furnished under section 3317(a) of this title will
    result in the selection for appointment of an individual who is not
    a preference eligible.

-SOURCE-
    (Added Pub. L. 90-206, title II, Sec. 221(a), Dec. 16, 1967, 81
    Stat. 640; amended Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct.
    13, 1978, 92 Stat. 1224.)


-MISC1-
                                AMENDMENTS                            
      1978 - Subsec. (d). Pub. L. 95-454 substituted "Office of
    Personnel Management" for "Civil Service Commission".

                     EFFECTIVE DATE OF 1978 AMENDMENT                 
      Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
    1978, see section 907 of Pub. L. 95-454, set out as a note under
    section 1101 of this title.

                              EFFECTIVE DATE                          
      Section 220(a)(1) of title II of Pub. L. 90-206 provided, except
    as otherwise expressly provided, that: "This section [enacting
    provisions set out as a note under section 8704 of this title] and
    sections 201 [enacting provisions set out as Short Title note under
    section 5332 of this title], 207 [amending section 5303 of this
    title], 212 [enacting provisions set out as a note under section
    5303 of this title], 218 [enacting provisions set out as a note
    under section 5332 of this title], 221 [enacting this section and
    provisions set out as a note under this section], 224(a) and (b)
    [amending sections 4101 and 8339 of this title], and 225 [enacting
    sections 351-361 of Title 2, The Congress] shall become effective
    on the date of enactment of this title [Dec. 16, 1967]."

                            RETROACTIVE EFFECT                        
      Section 221(c) of Pub. L. 90-206 provided that: "The amendments
    made by this section [enacting this section] do not apply to an
    appointment, employment, advancement, or promotion made or
    advocated by a public official of any individual who is a relative
    of the public official if, prior to the effective date of this
    section [see Effective Date note above], the individual was
    appointed by the public official, or received an appointment
    advocated by the public official, and is serving under the
    appointment on such effective date."
      [Section 221(c) of Pub. L. 90-206 effective Dec. 16, 1967, see
    section 220(a)(1) of Pub. L. 90-206, set out as an Effective Date
    note above.]

-End-



-CITE-
    5 USC Sec. 3111                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3111. Acceptance of volunteer service

-STATUTE-
      (a) For the purpose of this section, "student" means an
    individual who is enrolled, not less than half-time, in a high
    school, trade school, technical or vocational institute, junior
    college, college, university, or comparable recognized educational
    institution. An individual who is a student is deemed not to have
    ceased to be a student during an interim between school years if
    the interim is not more than 5 months and if such individual shows
    to the satisfaction of the Office of Personnel Management that the
    individual has a bona fide intention of continuing to pursue a
    course of study or training in the same or different educational
    institution during the school semester (or other period into which
    the school year is divided) immediately after the interim.
      (b) Notwithstanding section 1342 of title 31, the head of an
    agency may accept, subject to regulations issued by the Office,
    voluntary service for the United States if the service - 
        (1) is performed by a student, with the permission of the
      institution at which the student is enrolled, as part of an
      agency program established for the purpose of providing
      educational experiences for the student;
        (2) is to be uncompensated; and
        (3) will not be used to displace any employee.

      (c)(1) Except as provided in paragraph (2), any student who
    provides voluntary service under subsection (b) of this section
    shall not be considered a Federal employee for any purpose other
    than for purposes of section 7905 (relating to commuting by means
    other than single-occupancy motor vehicles), chapter 81 (relating
    to compensation for injury) and sections 2671 through 2680 of title
    28 (relating to tort claims).
      (2) In addition to being considered a Federal employee for the
    purposes specified in paragraph (1), any student who provides
    voluntary service as part of a program established under subsection
    (b) of this section in the Internal Revenue Service, Department of
    the Treasury, shall be considered an employee of the Department of
    the Treasury for purposes of - 
        (A) section 552a of this title (relating to disclosure of
      records);
        (B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of section
      6103 of title 26 (relating to confidentiality and disclosure of
      returns and return information);
        (C) sections 7213(a)(1) and 7431 of title 26 (relating to
      unauthorized disclosures of returns and return information by
      Federal employees and other persons); and
        (D) section 7423 of title 26 (relating to suits against
      employees of the United States);

    except that returns and return information (as defined in section
    6103(b) of title 26) shall be made available to students under such
    program only to the extent that the Secretary of the Treasury or
    his designee determines that the duties assigned to such students
    so require.
      (d) Notwithstanding section 1342 of title 31, the head of an
    agency may accept voluntary service for the United States under
    chapter 37 of this title and regulations of the Office of Personnel
    Management.

-SOURCE-
    (Added Pub. L. 95-454, title III, Sec. 301(a), Oct. 13, 1978, 92
    Stat. 1144; amended Pub. L. 97-258, Sec. 3(a)(5), Sept. 13, 1982,
    96 Stat. 1063; Pub. L. 97-437, Jan. 8, 1983, 96 Stat. 2285; Pub. L.
    107-296, title XIII, Sec. 1314(b), Nov. 25, 2002, 116 Stat. 2296;
    Pub. L. 107-347, title II, Sec. 209(g)(1)(A), Dec. 17, 2002, 116
    Stat. 2931.)


-MISC1-
                                AMENDMENTS                            
      2002 - Subsec. (c)(1). Pub. L. 107-296 substituted "section 7905
    (relating to commuting by means other than single-occupancy motor
    vehicles), chapter 81" for "chapter 81 of this title".
      Subsec. (d). Pub. L. 107-347 added subsec. (d).
      1983 - Subsec. (c)(1). Pub. L. 97-437, Sec. 1(1), substituted
    "(c)(1) Except as provided in par. (2), any" for "(c) Any".
      Subsec. (c)(2). Pub. L. 97-437, Sec. 1(2), added par. (2).
      1982 - Subsec. (b). Pub. L. 97-258 substituted "section 1342 of
    title 31" for "section 3679(b) of the Revised Statutes (31 U.S.C.
    665(b))".

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-347 effective 120 days after Dec. 17,
    2002, see section 402(a) of Pub. L. 107-347, set out as an
    Effective Date note under section 3601 of Title 44, Public Printing
    and Documents.
      Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,
    2002, see section 4 of Pub. L. 107-296, set out as an Effective
    Date note under section 101 of Title 6, Domestic Security.

                              EFFECTIVE DATE                          
      Section effective 90 days after Oct. 13, 1978, see section 907 of
    Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
    under section 1101 of this title.

-End-



-CITE-
    5 USC Sec. 3112                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3112. Disabled veterans; noncompetitive appointment

-STATUTE-
      Under such regulations as the Office of Personnel Management
    shall prescribe, an agency may make a noncompetitive appointment
    leading to conversion to career or career-conditional employment of
    a disabled veteran who has a compensable service-connected
    disability of 30 percent or more.

-SOURCE-
    (Added Pub. L. 95-454, title III, Sec. 307(b)(1), Oct. 13, 1978, 92
    Stat. 1147.)


-MISC1-
                              EFFECTIVE DATE                          
      Section effective 90 days after Oct. 13, 1978, see section 907 of
    Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note
    under section 1101 of this title.

-End-



-CITE-
    5 USC Sec. 3113                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3113. Restriction on reemployment after conviction of certain
      crimes

-STATUTE-
      An employee shall be separated from service and barred from
    reemployment in the Federal service, if - 
        (1) the employee is convicted of a violation of section 201(b)
      of title 18; and
        (2) such violation related to conduct prohibited under section
      1010(a) of the Controlled Substances Import and Export Act (21
      U.S.C. 960(a)).

-SOURCE-
    (Added Pub. L. 105-61, title VI, Sec. 638(a), Oct. 10, 1997, 111
    Stat. 1316.)


-MISC1-
                              EFFECTIVE DATE                          
      Section 638(c) of Pub. L. 105-61 provided that: "This section
    [enacting this section] shall apply during fiscal year 1998 and
    each fiscal year thereafter."

-End-



-CITE-
    5 USC Sec. 3114                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-
    Sec. 3114. Appointment of accountants, economists, and examiners by
      the Securities and Exchange Commission

-STATUTE-
      (a) Applicability. - This section applies with respect to any
    position of accountant, economist, and securities compliance
    examiner at the Commission that is in the competitive service.
      (b) Appointment Authority. - 
        (1) In general. - The Commission may appoint candidates to any
      position described in subsection (a) - 
          (A) in accordance with the statutes, rules, and regulations
        governing appointments in the excepted service; and
          (B) notwithstanding any statutes, rules, and regulations
        governing appointments in the competitive service.

        (2) Rule of construction. - The appointment of a candidate to a
      position under authority of this subsection shall not be
      considered to cause such position to be converted from the
      competitive service to the excepted service.

      (c) Reports. - No later than 90 days after the end of fiscal year
    2003 (for fiscal year 2003) and 90 days after the end of fiscal
    year 2005 (for fiscal years 2004 and 2005), the Commission shall
    submit a report with respect to its exercise of the authority
    granted by subsection (b) during such fiscal years to the Committee
    on Government Reform and the Committee on Financial Services of the
    House of Representatives and the Committee on Governmental Affairs
    and the Committee on Banking, Housing, and Urban Affairs of the
    Senate. Such reports shall describe the changes in the hiring
    process authorized by such subsection, including relevant
    information related to - 
        (1) the quality of candidates;
        (2) the procedures used by the Commission to select candidates
      through the streamlined hiring process;
        (3) the numbers, types, and grades of employees hired under the
      authority;
        (4) any benefits or shortcomings associated with the use of the
      authority;
        (5) the effect of the exercise of the authority on the hiring
      of veterans and other demographic groups; and
        (6) the way in which managers were trained in the
      administration of the streamlined hiring system.

      (d) Commission Defined. - For purposes of this section, the term
    "Commission" means the Securities and Exchange Commission.

-SOURCE-
    (Added Pub. L. 108-44, Sec. 2(a), July 3, 2003, 117 Stat. 842.)

-CHANGE-
                              CHANGE OF NAME                          
      Committee on Governmental Affairs of Senate changed to Committee
    on Homeland Security and Governmental Affairs of Senate, effective
    Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth
    Congress, Oct. 9, 2004.

-End-


-CITE-
    5 USC SUBCHAPTER II - THE SENIOR EXECUTIVE SERVICE          01/03/2007

-EXPCITE-
    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

-HEAD-
               SUBCHAPTER II - THE SENIOR EXECUTIVE SERVICE           

-End-



-CITE-
    5 USC Sec. 3131                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3131. The Senior Executive Service

-STATUTE-
      It is the purpose of this subchapter to establish a Senior
    Executive Service to ensure that the executive management of the
    Government of the United States is responsive to the needs,
    policies, and goals of the Nation and otherwise is of the highest
    quality. The Senior Executive Service shall be administered so as
    to - 
        (1) provide for a compensation system, including salaries,
      benefits, and incentives, and for other conditions of employment,
      designed to attract and retain highly competent senior
      executives;
        (2) ensure that compensation, retention, and tenure are
      contingent on executive success which is measured on the basis of
      individual and organizational performance (including such factors
      as improvements in efficiency, productivity, quality of work or
      service, cost efficiency, and timeliness of performance and
      success in meeting equal employment opportunity goals);
        (3) assure that senior executives are accountable and
      responsible for the effectiveness and productivity of employees
      under them;
        (4) recognize exceptional accomplishment;
        (5) enable the head of an agency to reassign senior executives
      to best accomplish the agency's mission;
        (6) provide for severance pay, early retirement, and placement
      assistance for senior executives who are removed from the Senior
      Executive Service for nondisciplinary reasons;
        (7) protect senior executives from arbitrary or capricious
      actions;
        (8) provide for program continuity and policy advocacy in the
      management of public programs;
        (9) maintain a merit personnel system free of prohibited
      personnel practices;
        (10) ensure accountability for honest, economical, and
      efficient Government;
        (11) ensure compliance with all applicable civil service laws,
      rules, and regulations, including those related to equal
      employment opportunity, political activity, and conflicts of
      interest;
        (12) provide for the initial and continuing systematic
      development of highly competent senior executives;
        (13) provide for an executive system which is guided by the
      public interest and free from improper political interference;
      and
        (14) appoint career executives to fill Senior Executive Service
      positions to the extent practicable, consistent with the
      effective and efficient implementation of agency policies and
      responsibilities.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92
    Stat. 1154.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      The civil service laws, referred to in par. (11), are set out in
    this title. See, particularly, section 3301 et seq. of this title.


-MISC1-
                              EFFECTIVE DATE                          
      Section 415 of title IV of Pub. L. 95-454 provided that:
      "(a)(1) The provisions of this title, other than sections 413 and
    414(a) [enacting this subchapter and sections 2101a, 3391 to 3397,
    3591 to 3595, 4311 to 4315, 4507, 5381 to 5385, 5752, and 7541 to
    7543 of this title, amending sections 2102, 2103, 2108, 3109, 3501,
    5311, 5331, 5504, 5541, 5595, 5723, 6304, 8336, and 8339 of this
    title, and enacting provisions set out as a note under section 5311
    of this title], shall take effect 9 months after the date of the
    enactment of this Act [Oct. 13, 1978].
      "(2) The provisions of section 413 of this title [set out as a
    note under section 3133 of this title] shall take effect on the
    date of the enactment of this Act [Oct. 13, 1978].
      "(3) The provisions of section 414(a) of this title [amending
    sections 3104 and 5108 of this title and enacting provisions set
    out as notes under sections 3104 and 5108 of this title] shall take
    effect 180 days after the date of the enactment of this Act [Oct.
    13, 1978].
      "(b)(1) The amendments made by sections 401 through 412 of this
    title [enacting this subchapter and sections 2101a, 3391 to 3397,
    3591 to 3595, 4311 to 4315, 4507, 5381 to 5385, 5752, and 7541 to
    7543 of this title, amending sections 2102, 2103, 2108, 3109, 3501,
    5311, 5331, 5504, 5541, 5595, 5723, 6304, 8336, and 8339 of this
    title] shall continue to have effect unless, during the first
    period of 60 calendar days of continuous session of the Congress
    beginning after 5 years after the effective date of such
    amendments, a concurrent resolution is introduced and adopted by
    the Congress disapproving the continuation of the Senior Executive
    Service. Such amendments shall cease to have effect on the first
    day of the first fiscal year beginning after the date of the
    adoption of such concurrent resolution.
      "(2) The continuity of a session is broken only by an adjournment
    of the Congress sine die, and the days on which either House is not
    in session because of an adjournment of more than 3 days to a day
    certain are excluded in the computation of the 60-day period.
      "(3) The provisions of subsections (d), (e), (f), (g), (h), (i),
    (j), and (k) of section 5305 of title 5, United States Code, shall
    apply with respect to any concurrent resolution referred to in
    paragraph (1) of this subsection, except that for the purpose of
    this paragraph the reference in such subsection (e) to 10 calendar
    days shall be considered a reference to 30 calendar days.
      "(4) During the 5-year period referred to in paragraph (1) of
    this subsection, the Director of the Office of Personnel Management
    shall include in each report required under section 3135 of title
    5, United States Code (as added by this title) an evaluation of the
    effectiveness of the Senior Executive Service and the manner in
    which such Service is administered."

    CONGRESSIONAL FINDINGS RESPECTING CONTINUATION OF SENIOR EXECUTIVE
                                  SERVICE
      Pub. L. 98-615, title III, Sec. 301, Nov. 8, 1984, 98 Stat. 3217,
    provided that: "The Congress finds that the Senior Executive
    Service should be continued indefinitely."

-End-



-CITE-
    5 USC Sec. 3132                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3132. Definitions and exclusions

-STATUTE-
      (a) For the purpose of this subchapter - 
        (1) "agency" means an Executive agency, except a Government
      corporation and the Government Accountability Office, but does
      not include - 
          (A) any agency or unit thereof excluded from coverage by the
        President under subsection (c) of this section; or
          (B) the Federal Bureau of Investigation, the Drug Enforcement
        Administration, the Central Intelligence Agency, the Defense
        Intelligence Agency, the National Geospatial-Intelligence
        Agency, the National Security Agency, Department of Defense
        intelligence activities the civilian employees of which are
        subject to section 1590 of title 10,,(!1) and, as determined by
        the President, an Executive agency, or unit thereof, whose
        principal function is the conduct of foreign intelligence or
        counterintelligence activities;

          (C) the Federal Election Commission or the Election
        Assistance Commission;
          (D) the Office of the Comptroller of the Currency, the Office
        of Thrift Supervision, the Federal Housing Finance Board, the
        Resolution Trust Corporation, the Farm Credit Administration,
        the Office of Federal Housing Enterprise Oversight of the
        Department of Housing and Urban Development, and the National
        Credit Union Administration; or or (!1)
          (E) (!2) the Securities and Exchange Commission;

          (E) (!2) the Commodity Futures Trading Commission;

        (2) "Senior Executive Service position" means any position in
      an agency which is classified above GS-15 pursuant to section
      5108 or in level IV or V of the Executive Schedule, or an
      equivalent position, which is not required to be filled by an
      appointment by the President by and with the advice and consent
      of the Senate, and in which an employee - 
          (A) directs the work of an organizational unit;
          (B) is held accountable for the success of one or more
        specific programs or projects;
          (C) monitors progress toward organizational goals and
        periodically evaluates and makes appropriate adjustments to
        such goals;
          (D) supervises the work of employees other than personal
        assistants; or
          (E) otherwise exercises important policy-making, policy-
        determining, or other executive functions;

      but does not include - 
          (i) any position in the Foreign Service of the United States;
        or
          (ii) an administrative law judge position under section 3105
        of this title;

        (3) "senior executive" means a member of the Senior Executive
      Service;
        (4) "career appointee" means an individual in a Senior
      Executive Service position whose appointment to the position or
      previous appointment to another Senior Executive Service position
      was based on approval by the Office of Personnel Management of
      the executive qualifications of such individual;
        (5) "limited term appointee" means an individual appointed
      under a nonrenewable appointment for a term of 3 years or less to
      a Senior Executive Service position the duties of which will
      expire at the end of such term;
        (6) "limited emergency appointee" means an individual appointed
      under a nonrenewable appointment, not to exceed 18 months, to a
      Senior Executive Service position established to meet a bona
      fide, unanticipated, urgent need;
        (7) "noncareer appointee" means an individual in a Senior
      Executive Service position who is not a career appointee, a
      limited term appointee, or a limited emergency appointee;
        (8) "career reserved position" means a position which is
      required to be filled by a career appointee and which is
      designated under subsection (b) of this section; and
        (9) "general position" means any position, other than a career
      reserved position, which may be filled by either a career
      appointee, noncareer appointee, limited emergency appointee, or
      limited term appointee.

      (b)(1) For the purpose of paragraph (8) of subsection (a) of this
    section, the Office shall prescribe the criteria and regulations
    governing the designation of career reserved positions. The
    criteria and regulations shall provide that a position shall be
    designated as a career reserved position only if the filling of the
    position by a career appointee is necessary to ensure impartiality,
    or the public's confidence in the impartiality, of the Government.
    The head of each agency shall be responsible for designating career
    reserved positions in such agency in accordance with such criteria
    and regulations.
      (2) The Office shall periodically review general positions to
    determine whether the positions should be designated as career
    reserved. If the Office determines that any such position should be
    so designated, it shall order the agency to make the designation.
      (3) Notwithstanding the provisions of any other law, any position
    to be designated as a Senior Executive Service position (except a
    position in the Executive Office of the President) which - 
        (A) is under the Executive Schedule, or for which the rate of
      basic pay is determined by reference to the Executive Schedule,
      and
        (B) on the day before the date of the enactment of the Civil
      Service Reform Act of 1978 was specifically required under
      section 2102 of this title or otherwise required by law to be in
      the competitive service,

    shall be designated as a career reserved position if the position
    entails direct responsibility to the public for the management or
    operation of particular government programs or functions.
      (4) Not later than March 1 of each year, the head of each agency
    shall publish in the Federal Register a list of positions in the
    agency which were career reserved positions during the preceding
    calendar year.
      (c) An agency may file an application with the Office setting
    forth reasons why it, or a unit thereof, should be excluded from
    the coverage of this subchapter. The Office shall - 
        (1) review the application and stated reasons,
        (2) undertake a review to determine whether the agency or unit
      should be excluded from the coverage of this subchapter, and
        (3) upon completion of its review, recommend to the President
      whether the agency or unit should be excluded from the coverage
      of this subchapter.

    If the Office recommends that an agency or unit thereof be excluded
    from the coverage of this subchapter, the President may, on written
    determination, make the exclusion for the period determined by the
    President to be appropriate.
      (d) Any agency or unit which is excluded from coverage under
    subsection (c) of this section shall make a sustained effort to
    bring its personnel system into conformity with the Senior
    Executive Service to the extent practicable.
      (e) The Office may at any time recommend to the President that
    any exclusion previously granted to an agency or unit thereof under
    subsection (c) of this section be revoked. Upon recommendation of
    the Office, the President may revoke, by written determination, any
    exclusion made under subsection (c) of this section.
      (f) If - 
        (1) any agency is excluded under subsection (c) of this
      section, or
        (2) any exclusion is revoked under subsection (e) of this
      section,

    the Office shall, within 30 days after the action, transmit to the
    Congress written notice of the exclusion or revocation.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92
    Stat. 1155; amended Pub. L. 96-54, Sec. 2(a)(12), Aug. 14, 1979, 93
    Stat. 382; Pub. L. 96-187, title II, Sec. 203, Jan. 8, 1980, 93
    Stat. 1368; Pub. L. 100-325, Sec. 2(c), May 30, 1988, 102 Stat.
    581; Pub. L. 101-73, title VII, Sec. 742(c), Aug. 9, 1989, 103
    Stat. 437; Pub. L. 101-509, title V, Sec. 529 [title I, Sec.
    101(b)(9)(A)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 101-624,
    title XVIII, Sec. 1841, Nov. 28, 1990, 104 Stat. 3835; Pub. L. 102-
    496, title IV, Sec. 402(b), Oct. 24, 1992, 106 Stat. 3184; Pub. L.
    102-550, title XIII, Sec. 1351(b), Oct. 28, 1992, 106 Stat. 3969;
    Pub. L. 103-359, title V, Sec. 501(d), Oct. 14, 1994, 108 Stat.
    3429; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1), Sept. 23,
    1996, 110 Stat. 2687; Pub. L. 107-123, Sec. 8(d)(1)(B), Jan. 16,
    2002, 115 Stat. 2399; Pub. L. 107-171, title X, Sec. 10702(c)(1),
    May 13, 2002, 116 Stat. 517; Pub. L. 107-252, title VIII, Sec.
    811(b), Oct. 29, 2002, 116 Stat. 1727; Pub. L. 108-136, div. A,
    title IX, Sec. 921(g), Nov. 24, 2003, 117 Stat. 1570; Pub. L. 108-
    271, Sec. 8(b), July 7, 2004, 118 Stat. 814.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Level IV or V of the Executive Schedule, referred to in subsec.
    (a)(2), are set out in sections 5315 and 5316 of this title.
      The date of the enactment of the Civil Service Reform Act of
    1978, referred to in subsec. (b)(3), is the date of the enactment
    of Pub. L. 95-454, which was approved Oct. 13, 1978.


-MISC1-
                                AMENDMENTS                            
      2004 - Subsec. (a)(1). Pub. L. 108-271 substituted "Government
    Accountability Office" for "General Accounting Office" in
    introductory provisions.
      2003 - Subsec. (a)(1)(B). Pub. L. 108-136 substituted "National
    Geospatial-Intelligence Agency" for "National Imagery and Mapping
    Agency".
      2002 - Subsec. (a)(1)(C). Pub. L. 107-252, Sec. 811(b), inserted
    "or the Election Assistance Commission" after "Commission".
      Pub. L. 107-171, Sec. 10702(c)(1)(A), which directed amendment by
    striking "or" at the end, could not be executed because the word
    "or" did not appear at the end. See below.
      Pub. L. 107-123, Sec. 8(d)(1)(B)(i), struck out "or" at end.
      Subsec. (a)(1)(D). Pub. L. 107-171, Sec. 10702(c)(1)(B), inserted
    "or" at end.
      Pub. L. 107-123, Sec. 8(d)(1)(B)(ii), inserted "or" at end.
      Subsec. (a)(1)(E). Pub. L. 107-171, Sec. 10702(c)(1)(C), added
    subpar. (E) relating to Commodity Futures Trading Commission.
      Pub. L. 107-123, Sec. 8(d)(1)(B)(iii), added subpar. (E) relating
    to the Securities and Exchange Commission.
      1996 - Subsec. (a)(1)(B). Pub. L. 104-201 substituted "National
    Imagery and Mapping Agency" for "Central Imagery Office".
      1994 - Subsec. (a)(1)(B). Pub. L. 103-359 inserted "the Central
    Imagery Office," after "Defense Intelligence Agency,".
      1992 - Subsec. (a)(1)(B). Pub. L. 102-496 inserted ", Department
    of Defense intelligence activities the civilian employees of which
    are subject to section 1590 of title 10," after "National Security
    Agency".
      Subsec. (a)(1)(D). Pub. L. 102-550 inserted "the Office of
    Federal Housing Enterprise Oversight of the Department of Housing
    and Urban Development," after "Farm Credit Administration,".
      1990 - Subsec. (a)(1)(D). Pub. L. 101-624 inserted reference to
    Farm Credit Administration.
      Subsec. (a)(2). Pub. L. 101-509 substituted "classified above GS-
    15 pursuant to section 5108" for "in GS-16, 17, or 18 of the
    General Schedule".
      1989 - Subsec. (a)(1)(D). Pub. L. 101-73 added subpar. (D).
      1988 - Subsec. (a)(1)(B). Pub. L. 100-325, Sec. 2(c)(1), inserted
    reference to Drug Enforcement Administration.
      Subsec. (a)(2)(iii). Pub. L. 100-235, Sec. 2(c)(2), struck out
    cl. (iii) which read as follows: "any position in the Drug
    Enforcement Administration which is excluded from the competitive
    service under section 201 of the Crime Control Act of 1976 (5
    U.S.C. 5108 note; 90 Stat. 2425);".
      1980 - Subsec. (a)(1)(C). Pub. L. 96-187 added subpar. (C).
      1979 - Subsec. (a)(1)(B). Pub. L. 96-54 inserted "and," after
    "Security Agency,".

                     EFFECTIVE DATE OF 2002 AMENDMENTS                 
      Amendment by Pub. L. 107-252 effective upon appointment of all
    members of the Election Assistance Commission under section 15323
    of Title 42, The Public Health and Welfare, see section 15534(a) of
    Title 42.
      Amendment by Pub. L. 107-123 effective Oct. 1, 2001, see section
    11 of Pub. L. 107-123, set out as a note under section 78ee of
    Title 15, Commerce and Trade.

                     EFFECTIVE DATE OF 1996 AMENDMENT                 
      Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section
    1124 of Pub. L. 104-201, set out as a note under section 193 of
    Title 10, Armed Forces.

                     EFFECTIVE DATE OF 1990 AMENDMENT                 
      Amendment by Pub. L. 101-509 effective on such date as the
    President shall determine, but not earlier than 90 days, and not
    later than 180 days, after Nov. 5, 1990, see section 529 [title
    III, Sec. 305] of Pub. L. 101-509, set out as a note under section
    5301 of this title.

                     EFFECTIVE DATE OF 1980 AMENDMENT                 
      Amendment by Pub. L. 96-187 effective on Jan. 8, 1980, see
    section 301(a) of Pub. L. 96-187, set out as a note under section
    431 of Title 2, The Congress.

                     EFFECTIVE DATE OF 1979 AMENDMENT                 
      Amendment by Pub. L. 96-54 effective July 12, 1979, see section
    2(b) of Pub. L. 96-54, set out as a note under section 305 of this
    title.

-FOOTNOTE-
    (!1) So in original.

    (!2) So in original. Two subpars. (E) have been enacted.


-End-



-CITE-
    5 USC Sec. 3133                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3133. Authorization of positions; authority for appointment

-STATUTE-
      (a) During each even-numbered calendar year, each agency shall - 
        (1) examine its needs for Senior Executive Service positions
      for each of the 2 fiscal years beginning after such calendar
      year; and
        (2) submit to the Office of Personnel Management a written
      request for a specific number of Senior Executive Service
      positions for each of such fiscal years.

      (b) Each agency request submitted under subsection (a) of this
    section shall - 
        (1) be based on the anticipated type and extent of program
      activities and budget requests of the agency for each of the 2
      fiscal years involved, and such other factors as may be
      prescribed from time to time by the Office; and
        (2) identify, by position title, positions which are proposed
      to be designated as or removed from designation as career
      reserved positions, and set forth justifications for such
      proposed actions.

      (c) The Office of Personnel Management, in consultation with the
    Office of Management and Budget, shall review the request of each
    agency and shall authorize, for each of the 2 fiscal years covered
    by requests required under subsection (a) of this section, a
    specific number of Senior Executive Service positions for each
    agency.
      (d)(1) The Office of Personnel Management may, on a written
    request of an agency or on its own initiative, make an adjustment
    in the number of positions authorized for any agency. Each agency
    request under this paragraph shall be submitted in such form, and
    shall be based on such factors, as the Office shall prescribe.
      (2) The total number of positions in the Senior Executive Service
    may not at any time during any fiscal year exceed 105 percent of
    the total number of positions authorized under subsection (c) of
    this section for such fiscal year.
      (e)(1) Not later than July 1, 1979, and from time to time
    thereafter as the Director of the Office of Personnel Management
    finds appropriate, the Director shall establish, by rule issued in
    accordance with section 1103(b) of this title, the number of
    positions out of the total number of positions in the Senior
    Executive Service, as authorized by this section or section 413 of
    the Civil Service Reform Act of 1978, which are to be career
    reserved positions. Except as provided in paragraph (2) of this
    subsection, the number of positions required by this subsection to
    be career reserved positions shall not be less than the number of
    the positions then in the Senior Executive Service which before the
    date of such Act, were authorized to be filled only through
    competitive civil service examination.
      (2) The Director may, by rule, designate a number of career
    reserved positions which is less than the number required by
    paragraph (1) of this subsection only if the Director determines
    such lesser number necessary in order to designate as general
    positions one or more positions (other than positions described in
    section 3132(b)(3) of this title) which - 
        (A) involve policymaking responsibilities which require the
      advocacy or management of programs of the President and support
      of controversial aspects of such programs;
        (B) involve significant participation in the major political
      policies of the President; or
        (C) require the senior executives in the positions to serve as
      personal assistants of, or advisers to, Presidential appointees.

    The Director shall provide a full explanation for his determination
    in each case.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92
    Stat. 1158.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 413 of the Civil Service Reform Act of 1978, referred to
    in subsec. (e)(1), is set out as a note below.
      The date of such Act, referred to in subsec. (e)(1), probably
    means Oct. 13, 1978, the date of the enactment of the Civil Service
    Reform Act of 1978.


-MISC1-
                  CONVERSION TO SENIOR EXECUTIVE SERVICE              
      Section 413 of Pub. L. 95-454 provided that:
      "(a) For the purpose of this section, 'agency', 'Senior Executive
    Service position', 'career appointee', 'career reserved position',
    'limited term appointee', 'noncareer appointee', and 'general
    position' have the meanings set forth in section 3132(a) of title
    5, United States Code (as added by this title) and 'Senior
    Executive Service' has the meaning set forth in section 2101a of
    such title 5 (as added by this title).
      "(b)(1) Under the guidance of the Office of Personnel Management,
    each agency shall - 
        "(A) designate those positions which it considers should be
      Senior Executive Service positions and designate which of those
      positions it considers should be career reserved positions; and
        "(B) submit to the Office a written request for - 
          "(i) a specific number of Senior Executive Service positions;
        and
          "(ii) authority to employ a specific number of noncareer
        appointees.
      "(2) The Office of Personnel Management shall review the
    designations and requests of each agency under paragraph (1) of
    this subsection, and shall establish interim authorizations in
    accordance with sections 3133 and 3134 of title 5, United States
    Code (as added by this Act), and shall publish the titles of the
    authorized positions in the Federal Register.
      "(c)(1) Each employee serving in a position at the time it is
    designated as a Senior Executive Service position under subsection
    (b) of this section shall elect to - 
        "(A) decline conversion and be appointed to a position under
      such employee's current type of appointment and pay system,
      retaining the grade, seniority, and other rights and benefits
      associated with such type of appointment and pay system; or
        "(B) accept conversion and be appointed to a Senior Executive
      Service position in accordance with the provisions of subsections
      (d), (e), (f), (g), and (h) of this section.
    The appointment of an employee in an agency because of an election
    under subparagraph (A) of this paragraph shall not result in the
    separation or reduction in grade of any other employee in such
    agency.
      "(2) Any employee in a position which has been designated a
    Senior Executive Service position under this section shall be
    notified in writing of such designation, the election required
    under paragraph (1) of this subsection, and the provisions of
    subsections (d), (e), (f), (g), and (h) of this section. The
    employee shall be given 90 days from the date of such notification
    to make the election under paragraph (1) of this subsection.
      "(d) Each employee who has elected to accept conversion to a
    Senior Executive Service position under subsection (c)(1)(B) of
    this section and who is serving under - 
        "(1) a career or career-conditional appointment; or
        "(2) a similar type of appointment in an excepted service
      position, as determined by the Office;
    in a position which is designated as a Senior Executive Service
    position shall be appointed as a career appointee to such Senior
    Executive Service position without regard to section 3393(b)-(e) of
    title 5, United States Code (as added by this title).
      "(e) Each employee who has elected conversion to a Senior
    Executive Service position under subsection (c)(1)(B) of this
    section and who is serving under an excepted appointment in a
    position which is not designated a career reserved position in the
    Senior Executive Service, but is - 
        "(1) a position in Schedule C of subpart C of part 213 of title
      5, Code of Federal Regulations;
        "(2) a position filled by noncareer executive assignment under
      subpart F of part 305 of title 5, Code of Federal Regulations; or
        "(3) a position in the Executive Schedule under subchapter II
      of chapter 53 of title 5, United States Code [section 5311 et
      seq. of this title], other than a career Executive Schedule
      position;
    shall be appointed as a noncareer appointee to a Senior Executive
    Service position.
      "(f) Each employee who has elected conversion to a Senior
    Executive Service position under subsection (c)(1)(B) of this
    section, who is serving in a position described in paragraph (1),
    (2), or (3) of subsection (e) of this section, and whose position
    is designated as a career reserved position under subsection (b) of
    this section shall be appointed as a noncareer appointee to an
    appropriate general position in the Senior Executive Service or
    shall be separated.
      "(g) Each employee who has elected conversion to a Senior
    Executive Service position under subsection (c)(1)(B) of this
    section, who is serving in a position described in paragraph (1),
    (2), or (3) of subsection (e) of this section, and whose position
    is designated as a Senior Executive Service position and who has
    reinstatement eligibility to a position in the competitive service,
    may, on request to the Office, be appointed as a career appointee
    to a Senior Executive Service position. The name of, and basis for
    reinstatement eligibility for, each employee appointed as a career
    appointee under this subsection shall be published in the Federal
    Register.
      "(h) Each employee who has elected conversion to a Senior
    Executive Service position under subsection (c)(1)(B) of this
    section and who is serving under a limited executive assignment
    under subpart F of part 305 of title 5, Code of Federal
    Regulations, shall - 
        "(1) be appointed as a limited term appointee to a Senior
      Executive Service position if the position then held by such
      employee will terminate within 3 years of the date of such
      appointment;
        "(2) be appointed as a noncareer appointee to a Senior
      Executive Service position if the position then held by such
      employee is designated as a general position; or
        "(3) be appointed as a noncareer appointee to a general
      position if the position then held by such employee is designated
      as a career reserved position.
      "(i) The rate of basic pay for any employee appointed to a Senior
    Executive Service position under this section shall be greater than
    or equal to the rate of basic pay payable for the position held by
    such employee at the time of such appointment.
      "(j) Any employee who is aggrieved by any action by any agency
    under this section is entitled to appeal to the Merit Systems
    Protection Board under section 7701 of title 5, United States Code
    (as added by this title). An agency shall take any corrective
    action which the Board orders in its decision on an appeal under
    this subsection.
      "(k) The Office shall prescribe regulations to carry out the
    purpose of this section."
      Section 415(a)(2) of Pub. L. 95-454 provided that section 413 is
    effective Oct. 13, 1978.

-End-



-CITE-
    5 USC Sec. 3134                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3134. Limitations on noncareer and limited appointments

-STATUTE-
      (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.

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

-REFTEXT-
                            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.

-End-



-CITE-
    5 USC Sec. 3135                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3135. Repealed.

-MISC1-
    [Sec. 3135. Repealed. Pub. L. 104-66, title II, Sec. 2181(a)(1),
      Dec. 21, 1995, 109 Stat. 732].
      Section, added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13,
    1978, 92 Stat. 1159; amended Pub. L. 98-168, title III, Sec.
    301(b), Nov. 29, 1983, 97 Stat. 1112; Pub. L. 98-615, title III,
    Sec. 306(a), Nov. 8, 1984, 98 Stat. 3219, directed Office of
    Personnel Management to submit reports to Congress relating to
    Senior Executive Service.

-End-



-CITE-
    5 USC Sec. 3136                                             01/03/2007

-EXPCITE-
    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

-HEAD-
    Sec. 3136. Regulations

-STATUTE-
      The Office of Personnel Management shall prescribe regulations to
    carry out the purpose of this subchapter.

-SOURCE-
    (Added Pub. L. 95-454, title IV, Sec. 402(a), Oct. 13, 1978, 92
    Stat. 1160.)

-End-


-CITE-
    5 USC SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION
           AND DRUG ENFORCEMENT ADMINISTRATION SENIOR
           EXECUTIVE SERVICE                               01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
           ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

-HEAD-
       SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
            ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

-End-



-CITE-
    5 USC Sec. 3151                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
           ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

-HEAD-
    Sec. 3151. The Federal Bureau of Investigation and Drug Enforcement
      Administration Senior Executive Service

-STATUTE-
      (a) The Attorney General may by regulation establish a personnel
    system for senior personnel within the Federal Bureau of
    Investigation and the Drug Enforcement Administration to be known
    as the Federal Bureau of Investigation and Drug Enforcement
    Administration Senior Executive Service (hereinafter in this
    subchapter referred to as the "FBI-DEA Senior Executive Service").
    The regulations establishing the FBI-DEA Senior Executive Service
    shall - 
        (1) meet the requirements set forth in section 3131 for the
      Senior Executive Service;
        (2) provide that positions in the FBI-DEA Senior Executive
      Service meet requirements that are consistent with the provisions
      of section 3132(a)(2);
        (3) provide rates of pay for the FBI-DEA Senior Executive
      Service that are not in excess of the maximum rate or less than
      the minimum rate of basic pay established for the Senior
      Executive Service under section 5382 and that are adjusted at the
      same time and to the same extent as rates of basic pay for the
      Senior Executive Service are adjusted;
        (4) provide a performance appraisal system for the FBI-DEA
      Senior Executive Service that conforms to the provisions of
      subchapter II of chapter 43;
        (5) provide for - 
          (A) removal consistent with section 3592;
          (B) reduction-in-force procedures consistent with section
        3595(a), together with measures to ensure that a member of the
        FBI-DEA Senior Executive Service may not be removed due to a
        reduction in force unless reasonable efforts to place such
        member in another such position are first taken;
          (C) procedures in accordance with which any furlough
        affecting the FBI-DEA Senior Executive Service shall be carried
        out;
          (D) removal or suspension consistent with subsections (a),
        (b), and (c) of section 7543 (except that any hearing or appeal
        to which a member of the FBI-DEA Senior Executive Service is
        entitled shall be held or decided pursuant to procedures
        established by regulations of the Attorney General); and
          (E) recertification consistent with section 3393a; (!1)


        (6) permit the payment of performance awards to members of the
      FBI-DEA Senior Executive Service consistent with the provisions
      applicable to performance awards under section 5384; and
        (7) provide that members of the FBI-DEA Senior Executive
      Service may be granted sabbatical leaves consistent with the
      provisions of section 3396(c).

      (b) Except as provided in subsection (a), the Attorney General
    may - 
        (1) make applicable to the FBI-DEA Senior Executive Service any
      of the provisions of this title applicable to applicants for or
      members of the Senior Executive Service; and
        (2) appoint, promote, and assign individuals to positions
      established within the FBI-DEA Senior Executive Service without
      regard to the provisions of this title governing appointments and
      other personnel actions in the competitive service.

      (c) The President, based on the recommendations of the Attorney
    General, may award ranks to members of the FBI-DEA Senior Executive
    Service in a manner consistent with the provisions of section 4507.
      (d) Notwithstanding any other provision of this section, the
    Attorney General may detail or assign any member of the FBI-DEA
    Senior Executive Service to serve in a position outside the Federal
    Bureau of Investigation or the Drug Enforcement Administration (as
    the case may be) in which the member's expertise and experience may
    be of benefit to the Federal Bureau of Investigation or the Drug
    Enforcement Administration (as the case may be) or another
    Government agency. Any such member shall not by reason of such
    detail or assignment lose any entitlement or status associated with
    membership in the FBI-DEA Senior Executive Service.
      (e) The Attorney General shall each year submit to Congress, at
    the time the budget is submitted by the President to the Congress
    for the next fiscal year, a report on the FBI-DEA Senior Executive
    Service. The report shall include, in the aggregate and by agency -
    
        (1) the number of FBI-DEA Senior Executive Service positions
      established as of the end of the preceding fiscal year;
        (2) the number of individuals being paid at each rate of basic
      pay for the FBI-DEA Senior Executive Service as of the end of the
      preceding fiscal year;
        (3) the number, distribution, and amount of awards paid to
      members of the FBI-DEA Senior Executive Service during the
      preceding fiscal year; and
        (4) the number of individuals removed from the FBI-DEA Senior
      Executive Service during the preceding fiscal year - 
          (A) for less than fully successful performance;
          (B) due to a reduction in force; or
          (C) for any other reason.

-SOURCE-
    (Added Pub. L. 100-325, Sec. 1(a), May 30, 1988, 102 Stat. 579;
    amended Pub. L. 101-194, title V, Sec. 506(b)(1), Nov. 30, 1989,
    103 Stat. 1758; Pub. L. 109-108, title I, Sec. 111, Nov. 22, 2005,
    119 Stat. 2305.)

-REFTEXT-
                            REFERENCES IN TEXT                        
      Section 3393a, referred to in subsec. (a)(5)(E), was repealed by
    Pub. L. 107-296, title XIII, Sec. 1321(a)(1)(B), Nov. 25, 2002, 116
    Stat. 2296.
      Provisions of this title governing appointments and other
    personnel actions in the competitive service, referred to in
    subsec. (b)(2), are classified generally to section 3301 et seq. of
    this title.


-MISC1-
                                AMENDMENTS                            
      2005 - Subsec. (b). Pub. L. 109-108 struck out par. (1)
    designation before "Except as provided", redesignated subpars. (A)
    and (B) as pars. (1) and (2), respectively, and struck out former
    par. (2) which read as follows:
      "(A) Notwithstanding any other provision of this section, an
    individual may not be selected for the FBI-DEA Senior Executive
    Service unless such individual is a career employee in the civil
    service.
      "(B) For the purpose of subparagraph (A), 'career employee in the
    civil service' shall have such meaning as the Attorney General, in
    consultation with the Director of the Office of Personnel
    Management, by regulation prescribes."
      1989 - Subsec. (a)(5)(E). Pub. L. 101-194 added subpar. (E).

                     EFFECTIVE DATE OF 1989 AMENDMENT                 
      Section 506(d) of Pub. L. 101-194 provided that: "The amendments
    made by this section [enacting section 3393a of this title and
    amending this section, sections 3393, 3592 to 3594, 7701, 8336,
    8339, 8414, and 8421 of this title, section 1601 of Title 10, Armed
    Forces, section 3945 of Title 22, Foreign Relations and
    Intercourse, and provisions set out as a note under section 402 of
    Title 50, War and National Defense] shall take effect on January 1,
    1991."

-FOOTNOTE-               

    (!1) See References in Text note below.


-End-



-CITE-
    5 USC Sec. 3152                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG
           ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

-HEAD-
    Sec. 3152. Limitation on pay

-STATUTE-
      Members of the FBI-DEA Senior Executive Service shall be subject
    to the limitation under section 5307.

-SOURCE-
    (Added Pub. L. 100-325, Sec. 1(a), May 30, 1988, 102 Stat. 581;
    amended Pub. L. 102-378, Sec. 2(9), Oct. 2, 1992, 106 Stat. 1347.)


-MISC1-
                                AMENDMENTS                            
      1992 - Pub. L. 102-378 amended section generally. Prior to
    amendment, section read as follows: "Nothing in this subchapter
    shall be construed to allow the aggregate amount payable to a
    member of the FBI-DEA Senior Executive Service under this
    subchapter during any fiscal year to exceed the annual rate payable
    for positions at level I of the Executive Schedule in effect at the
    end of such year. This section shall be applied in a manner
    consistent with paragraphs (1) and (2) of section 5383(b)."

-End-


-CITE-
    5 USC SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED
           BY LAW OR EXECUTIVE ORDER                       01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
                     EXECUTIVE ORDER           

-HEAD-
       SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
                              EXECUTIVE ORDER

-End-



-CITE-
    5 USC Sec. 3161                                             01/03/2007

-EXPCITE-
    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
    PART III - EMPLOYEES
    Subpart B - Employment and Retention
    CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
    SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR
                     EXECUTIVE ORDER           

-HEAD-
    Sec. 3161. Employment and compensation of employees

-STATUTE-
      (a) Definition of Temporary Organization. - For the purposes of
    this subchapter, the term "temporary organization" means a
    commission, committee, board, or other organization that - 
        (1) is established by law or Executive order for a specific
      period not in excess of three years for the purpose of performing
      a specific study or other project; and
        (2) is terminated upon the completion of the study or project
      or upon the occurrence of a condition related to the completion
      of the study or project.

      (b) Employment Authority. - (1) Notwithstanding the provisions of
    chapter 51 of this title, the head of a temporary organization may
    appoint persons to positions of employment in a temporary
    organization in such numbers and with such skills as are necessary
    for the performance of the functions required of a temporary
    organization.
      (2) The period of an appointment under paragraph (1) may not
    exceed three years, except that under regulations prescribed by the
    Office of Personnel Management the period of appointment may be
    extended for up to an additional two years.
      (3) The positions of employment in a temporary organization are
    in the excepted service of the civil service.
      (c) Detail Authority. - Upon the request of the head of a
    temporary organization, the head of any department or agency of the
    Government may detail, on a nonreimbursable basis, any personnel of
    the department or agency to that organization to assist in carrying
    out its duties.
      (d) Compensation. - (1) The rate of basic pay for an employee
    appointed under subsection (b) shall be established under
    regulations prescribed by the Office of Personnel Management
    without regard to the provisions of chapter 51 and subchapter III
    of chapter 53 of this title.
      (2) The rate of basic pay for the chairman, a member, an
    executive director, a staff director, or another executive level
    position of a temporary organization may not exceed the maximum
    rate of basic pay established for the Senior Executive Service
    under section 5382 of this title.
      (3) Except as provided in paragraph (4), the rate of basic pay
    for other positions in a temporary organization may not exceed the
    maximum rate of basic pay for grade GS-15 of the General Schedule
    under section 5332 of this title.
      (4) The rate of basic pay for a senior staff position of a
    temporary organization may, in a case determined by the head of the
    temporary organization as exceptional, exceed the maximum rate of
    basic pay authorized under paragraph (3), but may not exceed the
    maximum rate of basic pay authorized for an executive level
    position under paragraph (2).
      (5) In this subsection, the term "basic pay" includes locality
    pay provided for under section 5304 of this title.
      (e) Travel Expenses. - An employee of a temporary organization,
    whether employed on a full-time or part-time basis, may be allowed
    travel and transportation expenses, including per diem in lieu of
    subsistence, at rates authorized for employees of agencies under
    subchapter I of chapter 57 of this title, while traveling away from
    the employee's regular place of business in the performance of
    services for the temporary organization.
      (f) Benefits. - An employee appointed under subsection (b) shall
    be afforded the same benefits and entitlements as are provided
    temporary employees under this title.
      (g) Return Rights. - An employee serving under a career or career
    conditional appointment or the equivalent in an agency who
    transfers to or converts to an appointment in a temporary
    organization with the consent of the head of the agency is entitled
    to be returned to the employee's former position or a position of
    like seniority, status, and pay without grade or pay retention in
    the agency if the employee - 
        (1) is being separated from the temporary organization for
      reasons other than misconduct, neglect of duty, or malfeasance;
      and
        (2) applies for return not later than 30 days before the
      earlier of - 
          (A) the date of the termination of the employment in the
        temporary organization; or
          (B) the date of the termination of the temporary
        organization.

      (h) Temporary and Intermittent Services. - The head of a
    temporary organization may procure for the organization temporary
    and intermittent services under section 3109(b) of this title.
      (i) Acceptance of Volunteer Services. - (1) The head of a
    temporary organization may accept volunteer services appropriate to
    the duties of the organization without regard to section 1342 of
    title 31.
      (2) Donors of voluntary services accepted for a temporary
    organization under this subsection may include the following:
        (A) Advisors.
        (B) Experts.
        (C) Members of the commission, committee, board, or other
      temporary organization, as the case may be.
        (D) A person performing services in any other capacity
      determined appropriate by the head of the temporary organization.

      (3) The head of the temporary organization - 
        (A) shall ensure that each person performing voluntary services
      accepted under this subsection is notified of the scope of the
      voluntary services accepted;
        (B) shall supervise the volunteer to the same extent as
      employees receiving compensation for similar services; and
        (C) shall ensure that the volunteer has appropriate credentials
      or is otherwise qualified to perform in each capacity for which
      the volunteer's services are accepted.

      (4) A person providing volunteer services accepted under this
    subsection shall be considered an employee of the Federal
    Government in the performance of those services for the purposes of
    the following provisions of law:
        (A) Chapter 81 of this title, relating to compensation for work-
      related injuries.
        (B) Chapter 171 of title 28, relating to tort claims.
        (C) Chapter 11 of title 18, relating to conflicts of interest.

-SOURCE-
    (Added Pub. L. 106-398, Sec. 1 [[div. A], title XI, Sec. 1101(a)],
    Oct. 30, 2000, 114 Stat. 1654, 1654A-308.)

-End-