5 U.S.C. § 3101 — General authority to employ

Page 330 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3101 2011—Pub. L. 112–81, div. A, title XI, § 1109(b), Dec. 31, 2011, 125 Stat. 1615, added item 3111a. 2010—Pub. L. 111–203, title IX, § 929G(b), July 21, 2010, 124 Stat. 1856, added item 3114 and struck out former item 3114 ‘‘Appointment of accountants, economists, and examiners by the Securities and Exchange Com- mission’’. 2003—Pub. L. 108–44, § 2(b), July 3, 2003, 117 Stat. 843, added item 3114. 2000—Pub. L. 106–398, § 1 [[div. A], title XI, § 1101(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–310, added subchapter IV heading and item 3161. 1997—Pub. L. 105–61, title VI, § 638(b), Oct. 10, 1997, 111 Stat. 1317, added item 3113. 1995—Pub. L. 104–66, title II, § 2181(a)(2), Dec. 21, 1995, 109 Stat. 732, struck out item 3135 ‘‘Biennial report’’. 1988—Pub. L. 100–325, § 1(b), May 30, 1988, 102 Stat. 581, added subchapter III heading and items 3151 and 3152. 1980—Pub. L. 96–523, § 1(b), Dec. 12, 1980, 94 Stat. 3040, substituted ‘‘personal assistants for handicapped em- ployees, including blind and’’ for ‘‘reading assistants for blind employees and interpreting assistants for’’ in item 3102. 1978—Pub. L. 95–454, title III, §§ 301(b), 302(b)(1), 307(b)(3), title IV, § 402(c), Oct. 13, 1978, 92 Stat. 1145, 1146, 1148, 1160, added heading for subchapter I, sub- stituted ‘‘reading assistants for blind employees and in- terpreting 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, § 2(c)(2), Mar. 27, 1978, 92 Stat. 184, sub- stituted ‘‘administrative law judges’’ for ‘‘hearing ex- aminers’’ in item 3105. 1967—Pub. L. 90–206, title II, § 221(b), Dec. 16, 1967, 81 Stat. 640, added item 3110. SUBCHAPTER I—EMPLOYMENT AUTHORITIES Editorial Notes AMENDMENTS 1979—Pub. L. 96–54, § 2(a)(10), Aug. 14, 1979, 93 Stat. 381, added heading for subchapter I. § 3101. General authority to employ 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 414.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 43. R.S. § 169. June 26, 1930, ch. 618, 46 Stat. 817. .................. 5 U.S.C. 514d (2d par.). Sept. 21, 1944, ch. 412, § 709, 58 Stat. 743. The authorization is restated to conform to the style of this title. The word ‘‘Executive agency’’ are sub- stituted for ‘‘executive department, independent estab- lishment’’ in view of the definitions in sections 103, 104, and 105. The source statute (an act to authorize the ap- pointment 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 Depart- ment 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 Secre- taries 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 ref- erence to the Classification Act of 1923 because the Act of Oct. 28, 1949, ch. 782, § 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 Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Statutory Notes and Related Subsidiaries REPORTS ON POLITICAL APPOINTEES APPOINTED TO NONPOLITICAL PERMANENT POSITIONS Pub. L. 114–136, § 4, Mar. 18, 2016, 130 Stat. 305, pro- vided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘agency’ has the meaning given the term ‘Executive agency’ in section 105 of title 5, United States Code; ‘‘(2) the term ‘covered civil service position’ means a position in the civil service (as defined in section 2101 of title 5, United States Code) that is not— ‘‘(A) a temporary position; or ‘‘(B) a political position; ‘‘(3) the term ‘former political appointee’ means an individual who— ‘‘(A) is not serving in an appointment to a polit- ical position; and ‘‘(B) served as a political appointee during the 5- year period ending on the date of the request for an appointment to a covered civil service position in any agency; ‘‘(4) the term ‘political appointee’ means an indi- vidual serving in an appointment to a political posi- tion; and ‘‘(5) the term ‘political position’ means— ‘‘(A) a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule); ‘‘(B) a noncareer appointment in the Senior Exec- utive Service, as defined under paragraph (7) of sec- tion 3132(a) of title 5, United States Code; or ‘‘(C) a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations. ‘‘(b) REPORTING ON CURRENT OR RECENT POLITICAL AP- POINTEES APPOINTED TO COVERED CIVIL SERVICE POSI- TIONS.— ‘‘(1) ANNUAL REPORT.—Except as provided in para- graph (2), the Director of the Office of Personnel Man- agement shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and Page 331 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3101 the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives an annual report re- garding requests by agencies to appoint political ap- pointees or former political appointees to covered civil service positions. Each report shall cover one calendar year and shall— ‘‘(A) for each request by an agency that a polit- ical appointee be appointed to a covered civil serv- ice position during the period covered by the re- port, provide— ‘‘(i) the date on which the request was received by the Office of Personnel Management; ‘‘(ii) subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; ‘‘(iii) the date on which the individual was first appointed to a political position in the agency in which the individual is serving as a political ap- pointee; ‘‘(iv) the grade and rate of basic pay for the in- dividual as a political appointee; ‘‘(v) the proposed covered civil service position, including title, office, and agency, and the pro- posed grade and rate of basic pay for the indi- vidual; ‘‘(vi) whether the Office of Personnel Manage- ment approved or denied the request; and ‘‘(vii) the date on which the individual was ap- pointed to a covered civil service position, if ap- plicable; and ‘‘(B) for each request by an agency that a former political appointee be appointed to a covered civil service position during the period covered by the report, provide— ‘‘(i) the date on which the request was received by the Office of Personnel Management; ‘‘(ii) subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency; ‘‘(iii) the date on which the individual was first appointed to any political position; ‘‘(iv) the grade and rate of basic pay for the in- dividual as a political appointee; ‘‘(v) the date on which the individual ceased to serve in a political position; ‘‘(vi) the proposed covered civil service position, including title, office, and agency, and the pro- posed grade and rate of basic pay for the indi- vidual; ‘‘(vii) whether the Office of Personnel Manage- ment approved or denied the request; and ‘‘(viii) the date on which the individual was first appointed to a covered civil service position, if applicable. ‘‘(2) QUARTERLY REPORT IN CERTAIN YEARS.—In the last year of the term of a President, or, if applicable, the last year of the second consecutive term of a President, the report required under paragraph (1) shall be submitted quarterly and shall cover each quarter of the year, except that the last quarterly re- port shall also cover January 1 through 20 of the fol- lowing year. ‘‘(c) NAMES AND TITLES OF CERTAIN APPOINTEES.—If determined appropriate by the Director of the Office of Personnel Management, a report submitted under sub- section (b) may exclude the name or title of a political appointee or former political appointee— ‘‘(1) who— ‘‘(A) was requested to be appointed to a covered civil service position; and ‘‘(B) was not appointed to a covered civil service position; or ‘‘(2) relating to whom a request to be appointed to a covered civil service position is pending at the end of the period covered by that report.’’ REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS Pub. L. 103–226, § 5, Mar. 30, 1994, 108 Stat. 115, as amended by Pub. L. 103–329, title VI, § 631, Sept. 30, 1994, 108 Stat. 2424; Pub. L. 108–271, § 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 POSI- TIONS.—The President, through the Office of Manage- ment 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 require- ments 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 em- ployee 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 equiva- lent 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 Presi- dent that— ‘‘(A) the existence of a state of war or other na- tional security concern so requires; or ‘‘(B) the existence of an extraordinary emergency threatening life, health, safety, property, or the en- vironment 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 pur- suant to subparagraph (A), the President shall take all necessary actions to ensure that the overall lim- itations set forth in subsection (b) are not exceeded. ‘‘(f) EMPLOYMENT BACKFILL PREVENTION.— ‘‘(1) IN GENERAL.—The total number of funded em- ployee positions in all agencies (excluding the De- partment of Defense and the Central Intelligence Agency) shall be reduced by one position for each va- cancy created by the separation of any employee who has received, or is due to receive, a voluntary separa- tion incentive payment under section 3(a)–(e) [5 U.S.C. 5597 note]. For purposes of this subsection, po- sitions 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 separa- tion costs. ‘‘(3) APPLICABILITY OF BACKFILL PREVENTION PROVI- SIONS TO AGENCIES OTHERWISE EXEMPTED FROM FTE RE- DUCTION.— ‘‘(A) IN GENERAL.—If any agency is otherwise ex- empted by any law from the limitations on full- time equivalent positions or the restrictions on hir- ing established by this section— Page 332 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3101 ‘‘(i) paragraph (1) shall apply to vacancies cre- ated in such agency; and ‘‘(ii) the reductions required pursuant to clause (i) shall be made in the number of funded em- ployee positions in such agency. ‘‘(B) WAIVER AUTHORITY.—In the case of a par- ticular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agen- cy mission requires the waiver. ‘‘(C) RELATION TO OTHER LAW.—No law may be construed as suspending or modifying this para- graph unless such law specifically amends this paragraph. ‘‘(g) LIMITATION ON PROCUREMENT OF SERVICE CON- TRACTS.—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 Gov- ernment.’’ LIMITATION ON NUMBER OF CIVILIAN EMPLOYEES IN EXECUTIVE BRANCH Pub. L. 95–454, title III, § 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, § 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 execu- tive branch and which was formerly set out under this section. CITIZENSHIP REQUIREMENT FOR EMPLOYEES COMPENSATED FROM APPROPRIATED FUNDS Pub. L. 118–47, div. B, title VII, § 704, Mar. 23, 2024, 138 Stat. 573, provided that: ‘‘Unless otherwise specified in law during the current fiscal year, no part of any ap- propriation contained in this or any other Act shall be used to pay the compensation of any officer or em- ployee of the Government of the United States (includ- ing 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 who is lawfully admitted for permanent resi- dence and is seeking citizenship as outlined in 8 U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a ref- ugee under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: Provided further, That for purposes of paragraphs (2) and (3) such affidavits shall be sub- mitted prior to employment and updated thereafter as necessary: Provided further, That any person making a false affidavit shall be guilty of a felony, and upon con- viction, shall be fined no more than $4,000 or impris- oned 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: Provided further, That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act [Mar. 23, 2024], or to inter- national broadcasters employed by the Broadcasting Board of Governors [now the United States Agency for Global Media], or to temporary employment of trans- lators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: Pro- vided further, That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Depart- ment of the Interior or the USDA Forest Service pursu- ant to an agreement with another country.’’ Similar provisions to those in the Citizenship Re- quirement for Employees Compensated From Appro- priated Funds note above were contained in the fol- lowing prior appropriation acts: Pub. L. 117–328, div. E, title VII, § 704, Dec. 29, 2022, 136 Stat. 4705. Pub. L. 117–103, div. E, title VII, § 704, Mar. 15, 2022, 136 Stat. 293. Pub. L. 116–260, div. E, title VII, § 704, Dec. 27, 2020, 134 Stat. 1430. Pub. L. 116–93, div. C, title VII, § 704, Dec. 20, 2019, 133 Stat. 2484. Pub. L. 116–6, div. D, title VII, § 704, Feb. 15, 2019, 133 Stat. 187. Pub. L. 115–141, div. E, title VII, § 704, Mar. 23, 2018, 132 Stat. 588. Pub. L. 115–31, div. E, title VII, § 704, May 5, 2017, 131 Stat. 377. Pub. L. 114–113, div. E, title VII, § 704, Dec. 18, 2015, 129 Stat. 2473. Pub. L. 113–235, div. E, title VII, §§ 704, 750, Dec. 16, 2014, 128 Stat. 2379, 2392. Pub. L. 113–76, div. E, title VII, §§ 704, 744, Jan. 17, 2014, 128 Stat. 231, 243. Pub. L. 112–74, div. C, title VII, § 704, Dec. 23, 2011, 125 Stat. 929. Pub. L. 111–117, div. C, title VII, § 704, Dec. 16, 2009, 123 Stat. 3205. Pub. L. 111–8, div. D, title VII, § 704, Mar. 11, 2009, 123 Stat. 680. Pub. L. 110–161, div. D, title VII, § 705, Dec. 26, 2007, 121 Stat. 2019. Pub. L. 109–115, div. A, title VIII, § 805, Nov. 30, 2005, 119 Stat. 2496. Pub. L. 108–447, div. H, title VI, § 605, Dec. 8, 2004, 118 Stat. 3273. Pub. L. 108–199, div. F, title VI, § 605, Jan. 23, 2004, 118 Stat. 350. Pub. L. 108–7, div. J, title VI, § 605, Feb. 20, 2003, 117 Stat. 464. Pub. L. 107–67, title VI, § 605, Nov. 12, 2001, 115 Stat. 545, as amended by Pub. L. 108–188, title I, § 110, Dec. 17, 2003, 117 Stat. 2757. Pub. L. 106–554, § 1(a)(3) [title VI, § 605], Dec. 21, 2000, 114 Stat. 2763, 2763A–155. Pub. L. 106–58, title VI, § 605, Sept. 29, 1999, 113 Stat. 466. Pub. L. 105–277, div. A, § 101(h) [title VI, § 606], Oct. 21, 1998, 112 Stat. 2681–480, 2681–513. Pub. L. 105–61, title VI, § 606, Oct. 10, 1997, 111 Stat. 1309. Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 606], Sept. 30, 1996, 110 Stat. 3009–314, 3009–354. Pub. L. 104–52, title VI, § 606, Nov. 19, 1995, 109 Stat. 497. Pub. L. 103–329, title VI, § 606, Sept. 30, 1994, 108 Stat. 2416. Pub. L. 103–123, title VI, § 606, Oct. 28, 1993, 107 Stat. 1259. Pub. L. 102–393, title VI, § 607, Oct. 6, 1992, 106 Stat. 1766. Pub. L. 102–141, title VI, § 607, Oct. 28, 1991, 105 Stat. 868. Pub. L. 101–509, title VI, § 603, Nov. 5, 1990, 104 Stat. 1471. Pub. L. 101–136, title VI, § 603, Nov. 3, 1989, 103 Stat. 816. Pub. L. 100–440, title VI, § 603, Sept. 22, 1988, 102 Stat. 1751. Pub. L. 100–202, § 101(m) [title VI, § 603], Dec. 22, 1987, 101 Stat. 1329–390, 1329–419. Pub. L. 99–500, § 101(m) [title VI, § 603], Oct. 18, 1986, 100 Stat. 1783–308, 1783–328, and Pub. L. 99–591, § 101(m) [title VI, § 603], Oct. 30, 1986, 100 Stat. 3341–308, 3341–328. Page 333 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3102 1 So in original. Probably should be ‘‘(29 U.S.C. 791);’’. Pub. L. 99–190, title I, § 101(h) [H.R. 3036, title VI, § 603], Dec. 19, 1985, 99 Stat. 1291. Pub. L. 98–473, title I, § 101(j) [H.R. 5798, title VI, § 604], Oct. 12, 1984, 98 Stat. 1963. Pub. L. 98–151, § 101(f) [H.R. 4139, title VI, § 603], Nov. 14, 1983, 97 Stat. 973. Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title VI, § 603, for FY 1982], Dec. 21, 1982, 96 Stat. 1830. Pub. L. 97–92, § 101(a) [H.R. 4121, title VI, § 603], Dec. 15, 1981, 95 Stat. 1183. Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title VI, § 602], Dec. 16, 1980, 94 Stat. 3166. Pub. L. 96–74, title VI, § 602, Sept. 29, 1979, 93 Stat. 574. Pub. L. 95–429, title VI, § 602, Oct. 10, 1978, 92 Stat. 1015. Pub. L. 95–81, title VI, § 602, July 31, 1977, 91 Stat. 354. Pub. L. 94–419, title VII, § 750, Sept. 22, 1976, 90 Stat. 1299. Pub. L. 94–363, title VI, § 602, July 14, 1976, 90 Stat. 977. Pub. L. 94–212, title VII, § 753, Feb. 9, 1976, 90 Stat. 177. Pub. L. 94–91, title VI, § 602, Aug. 9, 1975, 89 Stat. 458. Pub. L. 93–381, title VI, § 602, Aug. 21, 1974, 88 Stat. 630. Pub. L. 93–143, title VI, § 602, Oct. 30, 1973, 87 Stat. 524. Pub. L. 92–351, title VI, § 602, July 13, 1972, 86 Stat. 487. Pub. L. 92–49, title VI, § 602, July 9, 1971, 85 Stat. 122. Pub. L. 91–439, title V, § 502, Oct. 7, 1970, 84 Stat. 902. Pub. L. 91–144, title V, § 502, Dec. 11, 1969, 83 Stat. 336. Pub. L. 90–479, title V, § 502, Aug. 12, 1968, 82 Stat. 717. Pub. L. 90–147, title V, § 502, Nov. 20, 1967, 81 Stat. 483. Pub. L. 89–689, title V, § 502, Oct. 15, 1966, 80 Stat. 1014. Pub. L. 89–299, title V, § 502, Oct. 28, 1965, 79 Stat. 1108. Pub. L. 88–511, title V, § 502, Aug. 30, 1964, 78 Stat. 693. Pub. L. 88–257, title V, § 502, Dec. 31, 1963, 77 Stat. 855. Pub. L. 87–880, title V, § 502, Oct. 24, 1962, 76 Stat. 1227. Pub. L. 87–125, title V, § 502, Aug. 3, 1961, 75 Stat. 282. Pub. L. 86–642, title II, § 202, July 12, 1960, 74 Stat. 476. Pub. L. 86–79, title II, § 202, July 8, 1959, 73 Stat. 165. Pub. L. 85–468, title II, § 202, June 25, 1958, 72 Stat. 224. Pub. L. 85–48, title II, § 202, June 5, 1957, 71 Stat. 53. June 13, 1956, ch. 385, title II, § 202, 70 Stat. 280. June 29, 1955, ch. 226, title II, § 202, 69 Stat. 195. Aug. 26, 1954, ch. 935, Ch. XIII, § 1302, 68 Stat. 828. Aug. 7, 1953, ch. 340, Ch. XIII, § 1302, 67 Stat. 435. July 15, 1952, ch. 758, Ch. XIV, § 1402, 66 Stat. 659. Nov. 1, 1951, ch. 664, Ch. XIII, § 1302, 65 Stat. 755. Sept. 6, 1950, ch. 897, Ch. XII, § 1202, 64 Stat. 763. Aug. 24, 1949, ch. 506, title III, § 302, 63 Stat. 661. Apr. 20, 1948, ch. 219, title II, § 202, 62 Stat. 193. July 30, 1947, ch. 359, title II, § 202, 61 Stat. 608. Mar. 28, 1946, ch. 113, title II, § 206, 60 Stat. 80. May 3, 1945, ch. 106, title II, § 206, 59 Stat. 132. June 27, 1944, ch. 286, title II, § 205, 58 Stat. 385. June 26, 1943, ch. 145, title II, § 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 Inter- course. 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 20113 of Title 51, National and Commercial Space Programs. 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, § 1302, 66 Stat. 122; Sept. 1, 1954, ch. 1208, title VI, § 602, 68 Stat. 1115; Oct. 11, 1962, Pub. L. 87–793, § 717(b), 76 Stat. 858; Aug. 6, 1965, Pub. L. 89–114, 79 Stat. 448; Oct. 11, 1967, Pub. L. 90–105, § 3, 81 Stat. 274; Apr. 21, 1976, Pub. L. 94–273, § 4(5), 90 Stat. 377, provided that, upon the enactment of this Act [Nov. 1, 1951] and until termi- nation of the national emergency proclaimed by the President on Dec. 16, 1950, agencies shall use their au- thority to require initial appointment be made on other than a permanent basis to limit the number of permanent employees, the Civil Service Commission fa- cilitate the transfer of Federal employees from non- defense 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, § 101, Sept. 14, 1976, 90 Stat. 1255 (50 U.S.C. 1601). Executive Documents 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 ex- ecutive 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 pro- grams 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 employ- ees (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 instruc- tions regarding the implementation of this order, in- cluding exemptions necessary for the delivery of essen- tial services and compliance with applicable law. SEC. 5. Independent Agencies. All independent regu- latory commissions and agencies are requested to com- ply with the provisions of this order. WILLIAM J. CLINTON. 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 execu- tive branch. § 3102. Employment of personal assistants for handicapped employees, including blind and deaf employees (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 establish- ment in the judicial branch; (2) ‘‘handicapped employee’’ means an indi- vidual employed by an agency who is blind or deaf or who otherwise qualifies as a handi- capped individual within the meaning of sec- tion 501 of the Rehabilitation Act of 1973 (29 U.S.C. 794); 1 and