CHAPTER 31 - AUTHORITY FOR EMPLOYMENT
Title 5 > CHAPTER 31
Sections (28)
§ 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 .)
§ 3102 Employment of personal assistants for handicapped employees, including blind and deaf employees
(a) For the purpose of this section— “agency” means— an Executive agency; the Library of Congress; and an office, agency, or other establishment in the judicial branch; “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 ); 1 and “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) 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— the provisions of this title governing appointment in the competitive service; chapter 51 and subchapter III of chapter 53 of this title; and 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. 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) 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. With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection— 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 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.
§ 3103 Employment at seat of Government only for services rendered
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. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 415 .)
§ 3104 Employment of specially qualified scientific and professional personnel
(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 and publishes in such form as the Director may determine (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.
§ 3105 Appointment of administrative law judges
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. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 415 ; Pub. L. 95–251, § 2(a)(1) , (b)(2), (d)(1), Mar. 27, 1978 , 92 Stat. 183 , 184.)
§ 3106 Employment of attorneys; restrictions
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 . ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 415 .)
§ 3107 Employment of publicity experts; restrictions
Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose. ( Pub. L. 89–554 , Sept. 6, 1966 , 80 Stat. 416 .)
§ 3108 Employment of detective agencies; restrictions
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. (Pub. L. 89– 554, Sept. 6, 1966 , 80 Stat. 416 .)
§ 3109 Employment of experts and consultants; temporary or intermittent
(a) For the purpose of this section— “agency” has the meaning given it by section 5721 of this title ; and “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— the provisions of this title governing appointment in the competitive service; chapter 51 and subchapter III of chapter 53 of this title; and section 6101(b) to (d) 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— criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section; criteria for setting the pay of experts and consultants under this section; and 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— the number of days each expert or consultant employed by the agency during the period was so employed; and the total amount paid by the agency to each expert and consultant for such work during the period.
§ 3110 Employment of relatives; restrictions
(a) For the purpose of this section— “agency” means— an Executive agency; an office, agency, or other establishment in the legislative branch; an office, agency, or other establishment in the judicial branch; and the government of the District of Columbia; “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 “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.
§ 3111 Acceptance of volunteer service
(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— 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; is to be uncompensated; and will not be used to displace any employee.
(c) 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). 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— section 552a of this title (relating to disclosure of records); 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); 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 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.
(e) For purposes of this section the term “agency” shall include the Architect of the Capitol. With respect to the Architect of the Capitol, the authority granted to the Office of Personnel Management under this section shall be exercised by the Architect of the Capitol. In this section, the term “agency” includes the Congressional Budget Office, except that in the case of the Congressional Budget Office— any student who provides voluntary service in accordance with this section shall be considered an employee of the Congressional Budget Office for purposes of section 203 of the Congressional Budget Act of 1974 (relating to the level of confidentiality of budget data); and the authority granted to the Office of Personnel Management under this section shall be exercised by the Director of the Congressional Budget Office.
§ 3111a Federal internship programs
(a) Internship Coordinator.— The head of each agency operating an internship program shall appoint an individual within such agency to serve as an internship coordinator.
(b) Online Information.— The Office of Personnel Management shall make publicly available on the Internet— the name and contact information of the internship coordinator for each agency; and information regarding application procedures and deadlines for each internship program. The Office of Personnel Management shall make publicly available on the Internet links to the websites where the information described in paragraph (1) is displayed.
(c) Definitions.— For purposes of this section— the term “internship program” means— a volunteer service program under section 3111(b); an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); a program operated by a nongovernment organization for the purpose of providing paid internships in agencies under a written agreement that is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); or a program that— is similar to an internship program established under Executive Order 13562, dated December 27, 2010 (75 Federal Register 82585); and is authorized under another statutory provision of law; the term “intern” means an individual participating in an internship program; and the term “agency” means an Executive agency.
§ 3112 Disabled veterans; noncompetitive appointment
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. (Added Pub. L. 95–454, title III, § 307(b)(1) , Oct. 13, 1978 , 92 Stat. 1147 .)
§ 3113 Restriction on reemployment after conviction of certain crimes
An employee shall be separated from service and barred from reemployment in the Federal service, if— the employee is convicted of a violation of section 201(b) of title 18 ; and such violation related to conduct prohibited under section 1010(a) of the Controlled Substances Import and Export Act ( 21 U.S.C. 960(a) ). (Added Pub. L. 105–61, title VI, § 638(a) , Oct. 10, 1997 , 111 Stat. 1316 .)
§ 3114 Appointment of candidates to certain positions in the competitive service by the Securities and Exchange Commission
(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, and any position at the Commission in the competitive service that requires specialized knowledge of financial and capital market formation or regulation, financial market structures or surveillance, or information technology.
(b) Appointment Authority.— The Commission may appoint candidates to any position described in subsection (a)— in accordance with the statutes, rules, and regulations governing appointments in the excepted service; and notwithstanding any statutes, rules, and regulations governing appointments in the competitive service. 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— the quality of candidates; the procedures used by the Commission to select candidates through the streamlined hiring process; the numbers, types, and grades of employees hired under the authority; any benefits or shortcomings associated with the use of the authority; the effect of the exercise of the authority on the hiring of veterans and other demographic groups; and 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.
§ 3115 Expedited hiring authority for college graduates; competitive service
(a) Definitions.— In this section: The term “Director” means the Director of the Office of Personnel Management. The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ).
(b) Appointment.— The head of an agency may appoint, without regard to any provision of sections 3309 through 3319 and 3330, a qualified individual to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below. An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
(c) Qualifications for Appointment.— The head of an agency may make an appointment under subsection (b) only if the individual being appointed— has received a baccalaureate or graduate degree from an institution of higher education; applies for the position— not later than 2 years after the date on which the individual being appointed received the degree described in paragraph (1); or in the case of an individual who has completed a period of not less than 4 years of obligated service in a uniformed service, not later than 2 years after the date of the discharge or release of the individual from that service; and meets each minimum qualification standard prescribed by the Director for the position to which the individual is being appointed.
(d) Public Notice and Advertising.— The head of an agency making an appointment under subsection (b) shall publicly advertise positions under this section. In carrying out paragraph (1), the head of an agency shall— adhere to merit system principles; advertise positions in a manner that provides for diverse and qualified applicants; and ensure potential applicants have appropriate information relevant to the positions available.
(e) Limitation on Appointments.— Except as provided in paragraph (2), the total number of employees that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of individuals that the agency head appointed during the previous fiscal year to a position in the competitive service classified in a professional or administrative occupational category, at the GS–11 level, or an equivalent level, or below, under a competitive examining procedure. Under a regulation prescribed under subsection (f), the Director may establish a lower limit on the number of individuals that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
(f) Regulations.— Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
(g) Reporting.— Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to— Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A). The head of an agency shall include in each report under paragraph (1)— the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are— minorities or members of other underrepresented groups; or veterans; recruitment sources; the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service classified in a professional or administrative occupational category at the GS–11 level, or an equivalent level, or below; and any additional data specified by the Director.
(h) Special Provision Regarding the Department of Defense.— Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a recent graduate under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute. Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
§ 3116 Expedited hiring authority for post-secondary students; competitive service
(a) Definitions.— In this section: The term “Director” means the Director of the Office of Personnel Management. The term “institution of higher education” has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). The term “student” means an individual enrolled or accepted for enrollment in an institution of higher education who is pursuing a baccalaureate or graduate degree on at least a part-time basis as determined by the institution of higher education.
(b) Appointment.— The head of an agency may make a time-limited appointment of a student, without regard to any provision of sections 3309 through 3319 and 3330, to a position in the competitive service at the GS–11 level, or an equivalent level, or below for which the student is qualified. An appointment under paragraph (1) shall be made in accordance with regulations prescribed by the Director.
(c) Public Notice.— The head of an agency making an appointment under subsection (b) shall publicly advertise positions available under this section. In carrying out paragraph (1), the head of an agency shall— adhere to merit system principles; advertise positions in a manner that provides for diverse and qualified applicants; and ensure potential applicants have appropriate information relevant to the positions available.
(d) Limitation on Appointments.— Except as provided in paragraph (2), the total number of students that the head of an agency may appoint under this section during a fiscal year may not exceed the number equal to 15 percent of the number of students that the agency head appointed during the previous fiscal year to a position at the GS–11 level, or an equivalent level, or below. Under a regulation prescribed under subsection (g), the Director may establish a lower limit on the number of students that may be appointed under paragraph (1) of this subsection during a fiscal year based on any factor the Director considers appropriate.
(e) Conversion.— The head of an agency may, without regard to any provision of chapter 33 or any other provision of law relating to the examination, certification, and appointment of individuals in the competitive service, convert a student serving in an appointment under subsection (b) to a permanent appointment in the competitive service within the agency without further competition if the student— has completed the course of study leading to the baccalaureate or graduate degree; has completed not less than 640 hours of current continuous employment in an appointment under subsection (b); and meets the qualification standards for the position to which the student will be converted.
(f) Termination.— The head of an agency shall, without regard to any provision of chapter 35 or 75, terminate the appointment of a student appointed under subsection (b) upon completion of the designated academic course of study unless the student is selected for conversion under subsection (e).
(g) Regulations.— Not later than 180 days after the date of enactment of this section, the Director shall issue interim regulations, with an opportunity for comment, for the administration of this section.
(h) Reporting.— Not later than September 30 of each of the first 3 fiscal years beginning after the date of enactment of this section, the head of an agency that makes an appointment under this section shall submit a report to— Congress that assesses the impact of the use of the authority provided under this section during the fiscal year in which the report is submitted; and the Director that contains data that the Director considers necessary for the Director to assess the impact and effectiveness of the authority described in subparagraph (A). The head of an agency shall include in each report under paragraph (1)— the total number of individuals appointed by the agency under this section, as well as the number of such individuals who are— minorities or members of other underrepresented groups; or veterans; recruitment sources; the total number of individuals appointed by the agency during the applicable fiscal year to a position in the competitive service at the GS–11 level, or an equivalent level, or below; and any additional data specified by the Director.
(i) Special Provision Regarding the Department of Defense.— Nothing in this section shall preclude the Secretary of Defense from exercising any authority to appoint a post-secondary student under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute. Any regulations prescribed by the Director for the administration of this section shall not apply to the Department of Defense during the period ending on the date on which the appointment authority of the Secretary of Defense under section 1106 of the National Defense Authorization Act for Fiscal Year 2017 (10 U.S.C. note prec. 1580), or any applicable successor statute, terminates.
§ 3131 The Senior Executive Service
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— 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; 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); assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them; recognize exceptional accomplishment; enable the head of an agency to reassign senior executives to best accomplish the agency’s mission; provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons; protect senior executives from arbitrary or capricious actions; provide for program continuity and policy advocacy in the management of public programs; maintain a merit personnel system free of prohibited personnel practices; ensure accountability for honest, economical, and efficient Government; ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity, political activity, and conflicts of interest; provide for the initial and continuing systematic development of highly competent senior executives; provide for an executive system which is guided by the public interest and free from improper political interference; and 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. (Added Pub. L. 95–454, title IV, § 402(a) , Oct. 13, 1978 , 92 Stat. 1154 .)
§ 3132 Definitions and exclusions
(a) For the purpose of this subchapter— “agency” means an Executive agency, except a Government corporation and the Government Accountability Office, but does not include— any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Office of the Director of National Intelligence, 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 , and, as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities; the Federal Election Commission or the Election Assistance Commission; the Office of the Comptroller of the Currency, the Office of Thrift Supervision,, 1 the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research; the Securities and Exchange Commission; or the Commodity Futures Trading Commission; “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— directs the work of an organizational unit; is held accountable for the success of one or more specific programs or projects; monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals; supervises the work of employees other than personal assistants; or otherwise exercises important policy-making, policy-determining, or other executive functions; but does not include— any position in the Foreign Service of the United States; an administrative law judge position under section 3105 of this title ; any position established as a qualified position in the excepted service by the Secretary of Homeland Security under section 226 2 of the Homeland Security Act of 2002; or any position established as a qualified position in the excepted service by the Secretary of Defense under section 1599f of title 10 ; “senior executive” means a member of the Senior Executive Service; “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; “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; “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; “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; “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 “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) 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. 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. 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— is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and 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. 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— review the application and stated reasons, undertake a review to determine whether the agency or unit should be excluded from the coverage of this subchapter, and 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— any agency is excluded under subsection (c) of this section, or 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.
§ 3133 Authorization of positions; authority for appointment
(a) During each even-numbered calendar year, each agency shall— examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and 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— 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 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. Beginning in 2023, the number of such positions authorized under the preceding sentence for the Department of Defense may not exceed the limitation provided in section 1109 of the National Defense Authorization Act for Fiscal Year 2017.
(d) 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. 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) 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. 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— involve policymaking responsibilities which require the advocacy or management of programs of the President and support of controversial aspects of such programs; involve significant participation in the major political policies of the President; or 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.
§ 3134 Limitations on noncareer and limited appointments
(a) During each calendar year, each agency shall— examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and 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— 25 percent of the total number of Senior Executive Service positions in the agency; or 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— noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or 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.
[§ 3135 Repealed. Pub. L. 104–66, title II, § 2181(a)(1), Dec. 21, 1995, 109 Stat. 732]
§ 3136 Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter. (Added Pub. L. 95–454, title IV, § 402(a) , Oct. 13, 1978 , 92 Stat. 1160 .)
§ 3151 The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service
(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— meet the requirements set forth in section 3131 for the Senior Executive Service; provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2); 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; provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of chapter 43; provide for— removal consistent with section 3592; 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; procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out; 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 recertification consistent with section 3393a; 1 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 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— 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 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— the number of FBI–DEA Senior Executive Service positions established as of the end of the preceding fiscal year; 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; the number, distribution, and amount of awards paid to members of the FBI–DEA Senior Executive Service during the preceding fiscal year; and the number of individuals removed from the FBI–DEA Senior Executive Service during the preceding fiscal year— for less than fully successful performance; due to a reduction in force; or for any other reason.
§ 3152 Limitation on pay
Members of the FBI–DEA Senior Executive Service shall be subject to the limitation under section 5307. (Added Pub. L. 100–325, § 1(a) , May 30, 1988 , 102 Stat. 581 ; amended Pub. L. 102–378, § 2(9) , Oct. 2, 1992 , 106 Stat. 1347 .)
§ 3161 Employment and compensation of employees
(a) Definition of Temporary Organization.— For the purposes of this subchapter, the term “temporary organization” means a commission, committee, board, or other organization that— 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 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.— 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. 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. 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.— 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. 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 . 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 . 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). 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— is being separated from the temporary organization for reasons other than misconduct, neglect of duty, or malfeasance; and applies for return not later than 30 days before the earlier of— the date of the termination of the employment in the temporary organization; or 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.— 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 . Donors of voluntary services accepted for a temporary organization under this subsection may include the following: Advisors. Experts. Members of the commission, committee, board, or other temporary organization, as the case may be. A person performing services in any other capacity determined appropriate by the head of the temporary organization. The head of the temporary organization— shall ensure that each person performing voluntary services accepted under this subsection is notified of the scope of the voluntary services accepted; shall supervise the volunteer to the same extent as employees receiving compensation for similar services; and 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. 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: Chapter 81 of this title, relating to compensation for work-related injuries. Chapter 171 of title 28, relating to tort claims. Chapter 11 of title 18, relating to conflicts of interest.
§ 3171 Presidential Innovation Fellows Program
(a) Policy.— It is in the national interest for the Government to attract the brightest minds skilled in technology or innovative practices to serve in the Government to work on some of the Nation’s biggest and most pressing challenges. This subchapter establishes a program to encourage successful entrepreneurs, executives, and innovators to join the Government and work in close cooperation with Government leaders, to create meaningful solutions that can help save lives and taxpayer money, fuel job creation, and significantly improve how the Government serves the American people.
(b) Establishment.— The Administrator of General Services shall continue the Presidential Innovation Fellows Program (hereinafter referred to as the “Program”) to enable exceptional individuals with proven track records to serve time-limited appointments in executive agencies to address some of the Nation’s most significant challenges and improve existing Government efforts that would particularly benefit from expertise using innovative techniques and technology.
(c) Administration.— The Program shall be administered by a Director, appointed by the Administrator under authorities of the General Services Administration. The Administrator shall provide necessary staff, resources and administrative support for the Program.
(d) Appointment of Fellows.— The Director shall appoint fellows pursuant to the Program and, in cooperation with executive agencies, shall facilitate placement of fellows to participate in projects that have the potential for significant positive effects and are consistent with the President’s goals.
(e) Application Process.— The Director shall prescribe the process for applications and nominations of individuals to the Program. Following publication of these processes, the Director may accept for consideration applications from individuals. The Director shall establish, administer, review, and revise, if appropriate, a Governmentwide cap on the number of fellows. The Director shall establish and publish salary ranges, benefits, and standards for the Program.
(f) Selection, Appointment, and Assignment of Fellows.— The Director shall prescribe appropriate procedures for the selection, appointment, and assignment of fellows. Prior to the selection of fellows, the Director shall consult with the heads of executive agencies regarding potential projects and how best to meet those needs. Following such consultation, the Director shall select and appoint individuals to serve as fellows. Fellows selected for the Program shall serve under short-term, time-limited appointments. Such fellows shall be appointed for no less than 6 months and no longer than 2 years in the Program. The Director shall facilitate the process of placing fellows at requesting executive agencies.
(g) Responsibilities of Agencies.— Each executive agency shall work with the Director and the Presidential Innovation Fellows Program advisory board established under section 3172 to attempt to maximize the Program’s benefits to the agency and the Government, including by identifying initiatives that have a meaningful effect on the people served and that benefit from involvement by one or more fellows. Such agencies shall ensure that each fellow works closely with responsible senior officials for the duration of the assignment.
§ 3172 Presidential Innovation Fellows Program advisory board
(a) In General.— The Administrator of General Services shall continue an advisory board to advise the Director of the Presidential Innovation Fellows Program by recommending such priorities and standards as may be beneficial to fulfill the mission of the Presidential Innovation Fellows Program and assist in identifying potential projects and placements for fellows. The advisory board may not participate in the selection process under section 3171(f).
(b) Chair; Membership.— The Administrator shall designate a representative to serve as the Chair of the advisory board. In addition to the Chair, the membership of the advisory board shall include— the Deputy Director for Management of the Office of Management and Budget; the Director of the Office of Personnel Management; the Administrator of the Office of Electronic Government of the Office of Management and Budget; the Assistant to the President and Chief Technology Officer; and other individuals as may be designated by the Administrator.
(c) Consultation.— The advisory board may consult with industry, academia, or nonprofits to ensure the Presidential Innovation Fellows Program is continually identifying opportunities to apply advanced skillsets and innovative practices in effective ways to address the Nation’s most significant challenges.