5 U.S.C. § 3135 — Untitled legal text

Page 354 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3134 § 3134. Limitations on noncareer and limited ap- pointments (a) During each calendar year, each agency shall— (1) examine its needs for employment of non- career appointees for the fiscal year beginning in the following year; and (2) submit to the Office of Personnel Man- agement, in accordance with regulations pre- scribed by the Office, a written request for au- thority to employ a specific number of non- career 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 ap- pointees in all agencies may not exceed 10 per- cent of the total number of Senior Executive Service positions in all agencies. (c) Subject to the 10 percent limitation of sub- section (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this sec- tion if emergency needs arise that were not an- ticipated when the original authorizations were made. (d) The number of Senior Executive Service positions in any agency which are filled by non- career 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 Fed- eral 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 ad- vice and consent of the Senate. This subsection shall not apply in the case of any agency having fewer than 4 Senior Execu- tive Service positions. (e) The total number of limited emergency ap- pointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies. (Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159.) Editorial Notes 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. [§ 3135. Repealed. Pub. L. 104–66, title II, § 2181(a)(1), Dec. 21, 1995, 109 Stat. 732] Section, added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159; amended Pub. L. 98–168, title III, § 301(b), Nov. 29, 1983, 97 Stat. 1112; Pub. L. 98–615, title III, § 306(a), Nov. 8, 1984, 98 Stat. 3219, directed Office of Personnel Management to submit reports to Congress relating to Senior Executive Service. § 3136. Regulations The Office of Personnel Management shall pre- scribe regulations to carry out the purpose of this subchapter. (Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1160.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 9 months after Oct. 13, 1978, and con- gressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title. SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCE- MENT ADMINISTRATION SENIOR EXECU- TIVE SERVICE § 3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Ex- ecutive Service (a) The Attorney General may by regulation establish a personnel system for senior per- sonnel within the Federal Bureau of Investiga- tion and the Drug Enforcement Administration to be known as the Federal Bureau of Investiga- tion and Drug Enforcement Administration Sen- ior Executive Service (hereinafter in this sub- chapter referred to as the ‘‘FBI–DEA Senior Ex- ecutive Service’’). The regulations establishing the FBI–DEA Senior Executive Service shall— (1) meet the requirements set forth in sec- tion 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 sec- tion 3132(a)(2); (3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in ex- cess 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 con- sistent 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 un- less reasonable efforts to place such member in another such position are first taken;