US (United States) Code. Title 5. Chapter 31: Authority for employment

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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-CITE-

5 USC CHAPTER 31 - AUTHORITY FOR EMPLOYMENT 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

.

-HEAD-

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

-MISC1-

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

Sec.

3101. General authority to employ.

3102. Employment of personal assistants for handicapped employees,

including blind and deaf employees.

3103. Employment at seat of Government only for services rendered.

3104. Employment of specially qualified scientific and professional

personnel.

3105. Appointment of administrative law judges.

3106. Employment of attorneys; restrictions.

3107. Employment of publicity experts; restrictions.

3108. Employment of detective agencies; restrictions.

3109. Employment of experts and consultants; temporary or

intermittent.

3110. Employment of relatives; restrictions.

3111. Acceptance of volunteer service.

3112. Disabled veterans; noncompetitive appointment.

3113. Restriction on reemployment after conviction of certain

crimes.

SUBCHAPTER II - THE SENIOR EXECUTIVE SERVICE

3131. The Senior Executive Service.

3132. Definitions and exclusions.

3133. Authorization of positions; authority for appointment.

3134. Limitations on noncareer and limited appointments.

(3135. Repealed.)

3136. Regulations.

SUBCHAPTER III - THE FEDERAL BUREAU OF INVESTIGATION AND DRUG

ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE

3151. The Federal Bureau of Investigation and Drug Enforcement

Administration Senior Executive Service.

3152. Limitation on pay.

SUBCHAPTER IV - TEMPORARY ORGANIZATIONS ESTABLISHED BY LAW OR

EXECUTIVE ORDER

3161. Employment and compensation of employees.

AMENDMENTS

2000 - Pub. L. 106-398, Sec. 1 ((div. A), title XI, Sec.

1101(b)), Oct. 30, 2000, 114 Stat. 1654, 1654A-310, added

subchapter IV heading and item 3161.

1997 - Pub. L. 105-61, title VI, Sec. 638(b), Oct. 10, 1997, 111

Stat. 1317, added item 3113.

1995 - Pub. L. 104-66, title II, Sec. 2181(a)(2), Dec. 21, 1995,

109 Stat. 732, struck out item 3135 ''Biennial report''.

1988 - Pub. L. 100-325, Sec. 1(b), May 30, 1988, 102 Stat. 581,

added subchapter III heading and items 3151 and 3152.

1980 - Pub. L. 96-523, Sec. 1(b), Dec. 12, 1980, 94 Stat. 3040,

substituted ''personal assistants for handicapped employees,

including blind and'' for ''reading assistants for blind employees

and interpreting assistants for'' in item 3102.

1978 - Pub. L. 95-454, title III, Sec. 301(b), 302(b)(1),

307(b)(3), title IV, Sec. 402(c), Oct. 13, 1978, 92 Stat. 1145,

1146, 1148, 1160, added heading for subchapter I, substituted

''reading assistants for blind employees and interpreting

assistants for deaf employees'' for ''readers for blind employees''

in item 3102, and added items 3111, 3112, heading for subchapter

II, and items 3131 to 3136.

Pub. L. 95-251, Sec. 2(c)(2), Mar. 27, 1978, 92 Stat. 184,

substituted ''administrative law judges'' for ''hearing examiners''

in item 3105.

1967 - Pub. L. 90-206, title II, Sec. 221(b), Dec. 16, 1967, 81

Stat. 640, added item 3110.

-CITE-

5 USC SUBCHAPTER I - EMPLOYMENT AUTHORITIES 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

.

-HEAD-

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-MISC1-

AMENDMENTS

1979 - Pub. L. 96-54, Sec. 2(a)(10), Aug. 14, 1979, 93 Stat. 381,

added heading for subchapter I.

-CITE-

5 USC Sec. 3101 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-

Sec. 3101. General authority to employ

-STATUTE-

Each Executive agency, military department, and the government of

the District of Columbia may employ such number of employees of the

various classes recognized by chapter 51 of this title as Congress

may appropriate for from year to year.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 43. R.S. Sec. 169. June

26, 1930, ch. 618,

46 Stat. 817.

5 U.S.C. 514d (2d Sept. 21, 1944, ch.

par.). 412, Sec. 709, 58

Stat. 743.

-------------------------------

The authorization is restated to conform to the style of this

title. The word ''Executive agency'' are substituted for

''executive department, independent establishment'' in view of the

definitions in sections 103, 104, and 105. The source statute (an

act to authorize the appointment of employees in the executive

branch etc.) applied to the entire executive branch, and government

corporations as well as other agencies in the executive branch were

included within the words ''independent establishment''. The words

''or a military department'' are inserted to preserve the

application of the source statute. Before enactment of the

National Security Act Amendments of 1949 (63 Stat. 578), the

Department of the Army, the Department of the Navy, and the

Department of the Air Force were Executive departments. The

National Security Act Amendments of 1949 established the Department

of Defense as an Executive department including the Department of

the Army, the Department of the Navy, and the Department of the Air

Force as military departments, not as Executive departments.

However, the source statute for this subsection, which was in

effect in 1949, remained applicable to the Secretaries of the

military departments by virtue of section 12(g) of the National

Security Act Amendments of 1949 (63 Stat. 591), which is set out in

the reviser's note for section 301. The words ''for services in the

District of Columbia or elsewhere'' are eliminated as surplusage.

The reference to chapter 51 is substituted for the reference to the

Classification Act of 1923 because the Act of Oct. 28, 1949, ch.

782, Sec. 1106(a), 63 Stat. 972, amended the section to refer to

the Classification Act of 1949, which is carried into this title.

The proviso in former section 43 and former section 514d (2d par.)

are omitted as superseded by former section 22a, which is carried

into section 302. The last sentence of the Act of June 26, 1930, is

omitted as executed.

This section was part of title IV of the Revised Statutes. The

Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,

ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which

provides ''Except to the extent inconsistent with the provisions of

this Act (National Security Act of 1947), the provisions of title

IV of the Revised Statutes as now or hereafter amended shall be

applicable to the Department of Defense'' is omitted from this

title but is not repealed.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

REDUCTION OF FEDERAL FULL-TIME EQUIVALENT POSITIONS

Pub. L. 103-226, Sec. 5, Mar. 30, 1994, 108 Stat. 115, as amended

by Pub. L. 103-329, title VI, Sec. 631, Sept. 30, 1994, 108 Stat.

2424, 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 General

Accounting Office.

''(b) Limitations on Full-Time Equivalent Positions. - The

President, through the Office of Management and Budget (in

consultation with the Office of Personnel Management), shall ensure

that the total number of full-time equivalent positions in all

agencies shall not exceed -

''(1) 2,084,600 during fiscal year 1994;

''(2) 2,043,300 during fiscal year 1995;

''(3) 2,003,300 during fiscal year 1996;

''(4) 1,963,300 during fiscal year 1997;

''(5) 1,922,300 during fiscal year 1998; and

''(6) 1,882,300 during fiscal year 1999.

''(c) Monitoring and Notification. - The Office of Management and

Budget, after consultation with the Office of Personnel Management,

shall -

''(1) continuously monitor all agencies and make a

determination on the first date of each quarter of each

applicable fiscal year of whether the requirements under

subsection (b) are met; and

''(2) notify the President and the Congress on the first date

of each quarter of each applicable fiscal year of any

determination that any requirement of subsection (b) is not met.

''(d) Compliance. - If, at any time during a fiscal year, the

Office of Management and Budget notifies the President and the

Congress that any requirement under subsection (b) is not met, no

agency may hire any employee for any position in such agency until

the Office of Management and Budget notifies the President and the

Congress that the total number of full-time equivalent positions

for all agencies equals or is less than the applicable number

required under subsection (b).

''(e) Waiver. -

''(1) Emergencies. - Any provision of this section may be

waived upon a determination by the President that -

''(A) the existence of a state of war or other national

security concern so requires; or

''(B) the existence of an extraordinary emergency threatening

life, health, safety, property, or the environment so requires.

''(2) Agency efficiency or critical mission. -

''(A) Subsection (d) may be waived, in the case of a

particular position or category of positions in an agency, upon

a determination of the President that the efficiency of the

agency or the performance of a critical agency mission so

requires.

''(B) Whenever the President grants a waiver pursuant to

subparagraph (A), the President shall take all necessary

actions to ensure that the overall limitations set forth in

subsection (b) are not exceeded.

''(f) Employment Backfill Prevention. -

''(1) In general. - The total number of funded employee

positions in all agencies (excluding the Department of Defense

and the Central Intelligence Agency) shall be reduced by one

position for each vacancy created by the separation of any

employee who has received, or is due to receive, a voluntary

separation incentive payment under section 3(a)-(e) (5 U.S.C.

5597 note). For purposes of this subsection, positions and

vacancies shall be counted on a full-time-equivalent basis.

''(2) Related restriction. - No funds budgeted for and

appropriated by any Act for salaries or expenses of positions

eliminated under this subsection may be used for any purpose

other than authorized separation costs.

''(3) Applicability of backfill prevention provisions to

agencies otherwise exempted from fte reduction. -

''(A) In general. - If any agency is otherwise exempted by

any law from the limitations on full-time equivalent positions

or the restrictions on hiring established by this section -

''(i) paragraph (1) shall apply to vacancies created in

such agency; and

''(ii) the reductions required pursuant to clause (i) shall

be made in the number of funded employee positions in such

agency.

''(B) Waiver authority. - In the case of a particular

position in an agency, subparagraph (A) may be waived upon a

determination by the head of the agency that the performance of

a critical agency mission requires the waiver.

''(C) Relation to other law. - No law may be construed as

suspending or modifying this paragraph unless such law

specifically amends this paragraph.

''(g) Limitation on Procurement of Service Contracts. - The

President shall take appropriate action to ensure that there is no

increase in the procurement of service contracts by reason of the

enactment of this Act (see Tables for classification), except in

cases in which a cost comparison demonstrates such contracts would

be to the financial advantage of the Federal Government.''

LIMITATION ON NUMBER OF CIVILIAN EMPLOYEES IN EXECUTIVE BRANCH

Pub. L. 95-454, title III, Sec. 311, Oct. 13, 1978, 92 Stat.

1153, which provided that the total number of civilian employees in

the executive branch, on Sept. 30, 1979, on Sept. 30, 1980, and

Sept. 30, 1981, shall not exceed the number of such employees on

Sept. 30, 1977, terminated by its own terms on Jan. 31, 1981.

Pub. L. 91-47, title V, Sec. 503, July 22, 1969, 83 Stat. 83,

repealed section 201 of Pub. L. 90-364, title II, June 28, 1968, 82

Stat. 270, which provided for limitation on the number of civilian

officers and employees in the executive branch and which was

formerly set out under this section.

FREEZE ON HIRING OF FEDERAL CIVILIAN EMPLOYEES

Memorandum of the President of the United States, dated Jan. 20,

1981, 46 F.R. 9907, provided for a freeze on the hiring of Federal

civilian employees in the executive branch.

CITIZENSHIP REQUIREMENT FOR EMPLOYEES COMPENSATED FROM APPROPRIATED

FUNDS

Pub. L. 107-67, title VI, Sec. 605, Nov. 12, 2001, 115 Stat. 545,

provided that: ''Unless otherwise specified during the current

fiscal year, no part of any appropriation contained in this or any

other Act shall be used to pay the compensation of any officer or

employee of the Government of the United States (including any

agency the majority of the stock of which is owned by the

Government of the United States) whose post of duty is in the

continental United States unless such person: (1) is a citizen of

the United States; (2) is a person in the service of the United

States on the date of the enactment of this Act (Nov. 12, 2001)

who, being eligible for citizenship, has filed a declaration of

intention to become a citizen of the United States prior to such

date and is actually residing in the United States; (3) is a person

who owes allegiance to the United States; (4) is an alien from

Cuba, Poland, South Vietnam, the countries of the former Soviet

Union, or the Baltic countries lawfully admitted to the United

States for permanent residence; (5) is a South Vietnamese,

Cambodian, or Laotian refugee paroled in the United States after

January 1, 1975; or (6) is a national of the People's Republic of

China who qualifies for adjustment of status pursuant to the

Chinese Student Protection Act of 1992 (Pub. L. 102-404; 8 U.S.C.

1255 note): Provided, That for the purpose of this section, an

affidavit signed by any such person shall be considered prima facie

evidence that the requirements of this section with respect to his

or her status have been complied with: Provided further, That any

person making a false affidavit shall be guilty of a felony, and,

upon conviction, shall be fined no more than $4,000 or imprisoned

for not more than 1 year, or both: Provided further, That the above

penal clause shall be in addition to, and not in substitution for,

any other provisions of existing law: Provided further, That any

payment made to any officer or employee contrary to the provisions

of this section shall be recoverable in action by the Federal

Government. This section shall not apply to citizens of Ireland,

Israel, or the Republic of the Philippines, or to nationals of

those countries allied with the United States in a current defense

effort, or to international broadcasters employed by the United

States Information Agency, or to temporary employment of

translators, or to temporary employment in the field service (not

to exceed 60 days) as a result of emergencies.''

(For abolition of United States Information Agency (other than

Broadcasting Board of Governors and International Broadcasting

Bureau), transfer of functions, and treatment of references

thereto, see sections 6531, 6532, and 6551 of Title 22, Foreign

Relations and Intercourse.)

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 605), Dec. 21,

2000, 114 Stat. 2763, 2763A-155.

Pub. L. 106-58, title VI, Sec. 605, Sept. 29, 1999, 113 Stat.

466.

Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 606), Oct.

21, 1998, 112 Stat. 2681-480, 2681-513.

Pub. L. 105-61, title VI, Sec. 606, Oct. 10, 1997, 111 Stat.

1309.

Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.

606), Sept. 30, 1996, 110 Stat. 3009-314, 3009-354.

Pub. L. 104-52, title VI, Sec. 606, Nov. 19, 1995, 109 Stat. 497.

Pub. L. 103-329, title VI, Sec. 606, Sept. 30, 1994, 108 Stat.

2416.

Pub. L. 103-123, title VI, Sec. 606, Oct. 28, 1993, 107 Stat.

1259.

Pub. L. 102-393, title VI, Sec. 607, Oct. 6, 1992, 106 Stat.

1766.

Pub. L. 102-141, title VI, Sec. 607, Oct. 28, 1991, 105 Stat.

868.

Pub. L. 101-509, title VI, Sec. 603, Nov. 5, 1990, 104 Stat.

1471.

Pub. L. 101-136, title VI, Sec. 603, Nov. 3, 1989, 103 Stat. 816.

Pub. L. 100-440, title VI, Sec. 603, Sept. 22, 1988, 102 Stat.

1751.

Pub. L. 100-202, Sec. 101(m) (title VI, Sec. 603), Dec. 22, 1987,

101 Stat. 1329-390, 1329-419.

Pub. L. 99-500, Sec. 101(m) (title VI, Sec. 603), Oct. 18, 1986,

100 Stat. 1783-308, 1783-328, and Pub. L. 99-591, Sec. 101(m)

(title VI, Sec. 603), Oct. 30, 1986, 100 Stat. 3341-308, 3341-328.

Pub. L. 99-190, title I, Sec. 101(h) (H.R. 3036, title VI, Sec.

603), Dec. 19, 1985, 99 Stat. 1291.

Pub. L. 98-473, title I, Sec. 101(j) (H.R. 5798, title VI, Sec.

604), Oct. 12, 1984, 98 Stat. 1963.

Pub. L. 98-151, Sec. 101(f) (H.R. 4139, title VI, Sec. 603), Nov.

14, 1983, 97 Stat. 973.

Pub. L. 97-377, title I, Sec. 101(a) (incorporating H.R. 4121,

title VI, Sec. 603, for FY 1982), Dec. 21, 1982, 96 Stat. 1830.

Pub. L. 97-92, Sec. 101(a) (H.R. 4121, title VI, Sec. 603), Dec.

15, 1981, 95 Stat. 1183.

Pub. L. 96-536, Sec. 101(a) (incorporating Pub. L. 96-74, title

VI, Sec. 602), Dec. 16, 1980, 94 Stat. 3166.

Pub. L. 96-74, title VI, Sec. 602, Sept. 29, 1979, 93 Stat. 574.

Pub. L. 95-429, title VI, Sec. 602, Oct. 10, 1978, 92 Stat. 1015.

Pub. L. 95-81, title VI, Sec. 602, July 31, 1977, 91 Stat. 354.

Pub. L. 94-419, title VII, Sec. 750, Sept. 22, 1976, 90 Stat.

1299.

Pub. L. 94-363, title VI, Sec. 602, July 14, 1976, 90 Stat. 977.

Pub. L. 94-212, title VII, Sec. 753, Feb. 9, 1976, 90 Stat. 177.

Pub. L. 94-91, title VI, Sec. 602, Aug. 9, 1975, 89 Stat. 458.

Pub. L. 93-381, title VI, Sec. 602, Aug. 21, 1974, 88 Stat. 630.

Pub. L. 93-143, title VI, Sec. 602, Oct. 30, 1973, 87 Stat. 524.

Pub. L. 92-351, title VI, Sec. 602, July 13, 1972, 86 Stat. 487.

Pub. L. 92-49, title VI, Sec. 602, July 9, 1971, 85 Stat. 122.

Pub. L. 91-439, title V, Sec. 502, Oct. 7, 1970, 84 Stat. 902.

Pub. L. 91-144, title V, Sec. 502, Dec. 11, 1969, 83 Stat. 336.

Pub. L. 90-479, title V, Sec. 502, Aug. 12, 1968, 82 Stat. 717.

Pub. L. 90-147, title V, Sec. 502, Nov. 20, 1967, 81 Stat. 483.

Pub. L. 89-689, title V, Sec. 502, Oct. 15, 1966, 80 Stat. 1014.

Pub. L. 89-299, title V, Sec. 502, Oct. 28, 1965, 79 Stat. 1108.

Pub. L. 88-511, title V, Sec. 502, Aug. 30, 1964, 78 Stat. 693.

Pub. L. 88-257, title V, Sec. 502, Dec. 31, 1963, 77 Stat. 855.

Pub. L. 87-880, title V, Sec. 502, Oct. 24, 1962, 76 Stat. 1227.

Pub. L. 87-125, title V, Sec. 502, Aug. 3, 1961, 75 Stat. 282.

Pub. L. 86-642, title II, Sec. 202, July 12, 1960, 74 Stat. 476.

Pub. L. 86-79, title II, Sec. 202, July 8, 1959, 73 Stat. 165.

Pub. L. 85-468, title II, Sec. 202, June 25, 1958, 72 Stat. 224.

Pub. L. 85-48, title II, Sec. 202, June 5, 1957, 71 Stat. 53.

June 13, 1956, ch. 385, title II, Sec. 202, 70 Stat. 280.

June 29, 1955, ch. 226, title II, Sec. 202, 69 Stat. 195.

Aug. 26, 1954, ch. 935, Ch. XIII, Sec. 1302, 68 Stat. 828.

Aug. 7, 1953, ch. 340, Ch. XIII, Sec. 1302, 67 Stat. 435.

July 15, 1952, ch. 758, Ch. XIV, Sec. 1402, 66 Stat. 659.

Nov. 1, 1951, ch. 664, Ch. XIII, Sec. 1302, 65 Stat. 755.

Sept. 6, 1950, ch. 897, Ch. XII, Sec. 1202, 64 Stat. 763.

Aug. 24, 1949, ch. 506, title III, Sec. 302, 63 Stat. 661.

Apr. 20, 1948, ch. 219, title II, Sec. 202, 62 Stat. 193.

July 30, 1947, ch. 359, title II, Sec. 202, 61 Stat. 608.

Mar. 28, 1946, ch. 113, title II, Sec. 206, 60 Stat. 80.

May 3, 1945, ch. 106, title II, Sec. 206, 59 Stat. 132.

June 27, 1944, ch. 286, title II, Sec. 205, 58 Stat. 385.

June 26, 1943, ch. 145, title II, Sec. 205, 57 Stat. 196.

Citizenship requirement for permanent officers and employees of

Census Bureau, see section 22 of Title 13, Census.

Exceptions to citizenship requirement for -

Department of Defense personnel, see section 1584 of Title 10,

Armed Forces.

Department of State employees, see sections 2669, 2672 of Title

22, Foreign Relations and Intercourse.

Department of the Navy personnel, see section 7473 of Title 10.

Library of Congress positions, see section 169 of Title 2, The

Congress.

National Aeronautics and Space Administration employees, see

section 2473 of Title 42, The Public Health and Welfare.

EMPLOYMENT OF PERSONNEL DURING NATIONAL EMERGENCY PROCLAIMED ON

DEC. 16, 1950

Section 1310 of act Nov. 1, 1951, ch. 664, Ch. XIII, 65 Stat.

757, as amended June 5, 1952, ch. 369, Ch. XIII, Sec. 1302, 66

Stat. 122; Sept. 1, 1954, ch. 1208, title VI, Sec. 602, 68 Stat.

1115; Oct. 11, 1962, Pub. L. 87-793, Sec. 717(b), 76 Stat. 858;

Aug. 6, 1965, Pub. L. 89-114, 79 Stat. 448; Oct. 11, 1967, Pub. L.

90-105, Sec. 3, 81 Stat. 274; Apr. 21, 1976, Pub. L. 94-273, Sec.

4(5), 90 Stat. 377, provided that, upon the enactment of this Act

(Nov. 1, 1951) and until termination of the national emergency

proclaimed by the President on Dec. 16, 1950, agencies shall use

their authority to require initial appointment be made on other

than a permanent basis to limit the number of permanent employees,

the Civil Service Commission facilitate the transfer of Federal

employees from nondefense to defense activities with reemployment

rights and make use of its authority to prohibit excessively rapid

promotions, and agencies review certain positions annually and

report to Congressional committees. All powers and authorities

under section 1310 of act Nov. 1, 1951, as amended, terminated 2

years from Sept. 14, 1976, pursuant to Pub. L. 94-412, title I,

Sec. 101, Sept. 14, 1976, 90 Stat. 1255 (50 U.S.C. 1601).

-EXEC-

EX. ORD. NO. 12839. REDUCTION OF 100,000 FEDERAL POSITIONS

Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section 301

of title 3, United States Code, section 3301 of title 5, United

States Code, and section 1111 of title 31, United States Code, it

is hereby ordered as follows:

Section 1. Limits on Hiring Civilian Personnel. Each executive

department or agency with over 100 employees shall eliminate not

less than 4 percent of its civilian personnel positions (measured

on a full-time equivalent (FTE) basis) over the next 3 fiscal

years. The positions shall be vacated through attrition or early

out programs established at the discretion of the department and

agency heads. At least 10 percent of the reductions shall come

from the Senior Executive Service, GS-15 and GS-14 levels or

equivalent.

Sec. 2. Coverage. This order applies to all executive branch

departments and agencies with over 100 employees (measured on a FTE

basis).

Sec. 3. Target Dates. Each department and agency shall achieve 25

percent of its total reductions by the end of fiscal year 1993,

62.5 percent by the end of fiscal year 1994, and 100 percent by the

end of fiscal year 1995.

Sec. 4. Implementation. The Director of the Office of Management

and Budget shall issue detailed instructions regarding the

implementation of this order, including exemptions necessary for

the delivery of essential services and compliance with applicable

law.

Sec. 5. Independent Agencies. All independent regulatory

commissions and agencies are requested to comply with the

provisions of this order. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 3 section 107; title 10

section 10216; title 25 section 2a.

-CITE-

5 USC Sec. 3102 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-

Sec. 3102. Employment of personal assistants for handicapped

employees, including blind and deaf employees

-STATUTE-

(a) For the purpose of this section -

(1) ''agency'' means -

(A) an Executive agency;

(B) the Library of Congress; and

(C) an office, agency, or other establishment in the judicial

branch;

(2) ''handicapped employee'' means an individual employed by an

agency who is blind or deaf or who otherwise qualifies as a

handicapped individual within the meaning of section 501 of the

Rehabilitation Act of 1973 (29 U.S.C. 794); and

(3) ''nonprofit organization'' means an organization determined

by the Secretary of the Treasury to be an organization described

in section 501(c) of the Internal Revenue Code of 1986 (26 U.S.C.

501(c)) which is exempt from taxation under section 501(a) of

such Code.

(b)(1) The head of each agency may employ one or more personal

assistants who the head of the agency determines are necessary to

enable a handicapped employee of that agency to perform the

employee's official duties and who shall serve without pay from the

agency without regard to -

(A) the provisions of this title governing appointment in the

competitive service;

(B) chapter 51 and subchapter III of chapter 53 of this title;

and

(C) section 1342 of title 31.

Such employment may include the employing of a reading assistant or

assistants for a blind employee or an interpreting assistant or

assistants for a deaf employee.

(2) A personal assistant, including a reading or interpreting

assistant, employed under this subsection may receive pay for

services performed by the assistant from the handicapped employee

or a nonprofit organization, without regard to section 209 of title

18.

(c) The head of each agency may also employ or assign one or more

personal assistants who the head of the agency determines are

necessary to enable a handicapped employee of that agency to

perform the employee's official duties. Such employment may

include the employing of a reading assistant or assistants for a

blind employee or an interpreting assistant or assistants for a

deaf employee.

(d)(1) In the case of any handicapped employee (including a blind

or deaf employee) traveling on official business, the head of the

agency may authorize the payment to an individual to accompany or

assist (or both) the handicapped employee for all or a portion of

the travel period involved. Any payment under this subsection to

such an individual may be made either directly to that individual

or by advancement or reimbursement to the handicapped employee.

(2) With respect to any individual paid to accompany or assist a

handicapped employee under paragraph (1) of this subsection -

(A) the amount paid to that individual shall not exceed the

limit or limits which the Office of Personnel Management shall

prescribe by regulation to ensure that the payment does not

exceed amounts (including pay and, if appropriate, travel

expenses and per diem allowances) which could be paid to an

employee assigned to accompany or assist the handicapped

employee; and

(B) that individual shall be considered an employee, but only

for purposes of chapter 81 of this title (relating to

compensation for injury) and sections 2671 through 2680 of title

28 (relating to tort claims).

(e) This section may not be held or considered to prevent or

limit in any way the assignment to a handicapped employee

(including a blind or deaf employee) by an agency of clerical or

secretarial assistance, at the expense of the agency under statutes

and regulations currently applicable at the time, if that

assistance normally is provided, or authorized to be provided, in

that manner under currently applicable statutes and regulations.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 414; Pub. L. 90-623, Sec.

1(3), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95-454, title III, Sec.

302(a), (b)(2), Oct. 13, 1978, 92 Stat. 1145, 1146; Pub. L. 96-54,

Sec. 2(a)(11), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96-523, Sec.

1(a), Dec. 12, 1980, 94 Stat. 3039; Pub. L. 97-258, Sec. 3(a)(3),

Sept. 13, 1982, 96 Stat. 1063; Pub. L. 99-514, Sec. 2, Oct. 22,

1986, 100 Stat. 2095; Pub. L. 106-518, title III, Sec. 311, Nov.

13, 2000, 114 Stat. 2421; Pub. L. 106-553, Sec. 1(a)(2) (title III,

Sec. 307), Dec. 21, 2000, 114 Stat. 2762, 2762A-86.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 43a. Aug. 29, 1962, Pub.

L. 87-614, 76 Stat.

408.

-------------------------------

In subsection (a)(1), the word ''agency'' is substituted for

''department''. The words ''Executive agency'' are coextensive with

and substituted for ''each executive department of the Federal

Government, each agency or independent establishment in the

executive branch of such Government, each corporation wholly owned

or controlled by such Government, and the General Accounting

Office'' in view of the definition of ''Executive agency'' in

section 105.

In subsection (a)(3), the words ''individual employed'' are

substituted for ''employee'' so as to include individuals employed

by the government of the District of Columbia who are not employees

as defined by section 2105.

In subsection (b), the word ''may'' is substituted for ''is

authorized'' and the words ''in his discretion'' are omitted as

unnecessary in view of the permissive nature of the authority. The

words ''in the provisions of this title governing appointment in

the competitive service'' are substituted for ''the civil service

rules''. The words ''section 209 of title 18'' are substituted for

''section 1914 of title 18'' on authority of the Act of Oct. 24,

1962, Pub. L. 87-849, Sec. 2, 76 Stat. 1126.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-REFTEXT-

REFERENCES IN TEXT

Section 501 of the Rehabilitation Act of 1973, referred to in

subsec. (a)(2), is classified to section 791 of Title 29, Labor,

rather than to section 794 of Title 29 as shown in text.

-MISC2-

AMENDMENTS

2000 - Subsec. (a)(1)(C). Pub. L. 106-518 and Pub. L. 106-553

amended par. (1) identically, adding subpar. (C).

1986 - Subsec. (a)(3). Pub. L. 99-514 substituted ''Internal

Revenue Code of 1986'' for ''Internal Revenue Code of 1954''.

1982 - Subsec. (b)(1)(C). Pub. L. 97-258 substituted ''section

1342 of title 31'' for ''section 3679(b) of the Revised Statutes

(31 U.S.C. 665(b))''.

1980 - Pub. L. 96-523 amended section generally and, among other

changes, in section catchline substituted ''personal assistants for

handicapped employees, including blind and'' for ''reading

assistants for blind employees and interpreting assistants for'',

in subsec. (a) substituted applicability to handicapped employees

for applicability to blind and deaf employees omitted applicability

to the government of the District of Columbia, in subsec. (b)

substituted applicability to personal assistants for applicability

to reading and interpreting assistants for blind and deaf

employees, respectively, redesignated former subsec. (d) as (c) and

made changes in phraseology, added subsec. (d), and redesignated

former subsec. (c) as (e) and made changes in phraseology.

1979 - Subsec. (a)(2). Pub. L. 96-54 substituted ''Mayor'' for

''Commissioner''.

1978 - Pub. L. 95-454, Sec. 302(b)(2), substituted ''reading

assistants for blind employees and interpreting assistants for deaf

employees'' for ''readers for blind employees'' in section

catchline.

Subsec. (a)(4), (5). Pub. L. 95-454, Sec. 302(a)(1), added par.

(4) and redesignated former par. (4) as (5).

Subsec. (b). Pub. L. 95-454, Sec. 302(a)(2), inserted provisions

respecting applicability to employment and compensation for

interpreting assistant or assistants for deaf employees.

Subsec. (c). Pub. L. 95-454, Sec. 302(a)(3), inserted ''or deaf''

after ''blind''.

Subsec. (d). Pub. L. 95-454, Sec. 302(a)(4), added subsec. (d).

1968 - Subsec. (a)(2). Pub. L. 90-623 substituted

''Commissioner'' for ''Board of Commissioners''.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 3 of Pub. L. 96-523 provided that: ''The amendments made

by this Act (amending this section, section 7 of the Federal

Advisory Committee Act, set out in the Appendix to this title,

section 604 of Title 28, Judiciary and Judicial Procedure, and

section 410 of Title 39, Postal Service) shall take effect sixty

days after the date of the enactment of this Act (Dec. 12, 1980).''

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,

1978, see section 907 of Pub. L. 95-454, set out as a note under

section 1101 of this title.

EFFECTIVE DATE OF 1968 AMENDMENT

Amendment by Pub. L. 90-623 intended to restate without

substantive change the law in effect on Oct. 22, 1968, see section

6 of Pub. L. 90-623, set out as a note under section 5334 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 28 section 604; title 38

section 7281; title 39 section 410.

-CITE-

5 USC Sec. 3103 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-

Sec. 3103. Employment at seat of Government only for services

rendered

-STATUTE-

An individual may be employed in the civil service in an

Executive department at the seat of Government only for services

actually rendered in connection with and for the purposes of the

appropriation from which he is paid. An individual who violates

this section shall be removed from the service.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

5 U.S.C. 46. Aug. 5, 1882, ch.

389, Sec. 4 (less

255th through 316th

words), 22 Stat.

255. Sept. 23,

1950, ch. 1010,

Sec. 7, 64 Stat.

986.

5 U.S.C. 47 (so much Aug. 23, 1912, ch.

as relates to 350, Sec. 5 (so

removal). much as relates to

removal), 37 Stat.

414.

-------------------------------

The words ''civil officer, draughtsman, copyist, messenger,

assistant messenger, mechanic, watchman, laborer, or other

employee'' are omitted as obsolete language and ''individual'' is

substituted therefor. The words ''in the civil service'' are added

to preserve the application of former section 46 to civilian

employees. The words ''or subordinate bureaus or offices thereof''

are omitted as surplusage. The words ''and at the rate of pay

usual and proper for the services'' are omitted as surplusage since

all pay rates are governed by statute.

All after the 75th words of section 4 of the Act of Aug. 5, 1882,

as amended by section 7(b) of the Act of Sept. 23, 1950, except the

255th through 316th words, are omitted as executed. The 255th

through 296th words are scheduled for repeal as superseded (see

Table II-b), and the 297th through 316th words are codified in

section 5501. The Act of Aug. 15, 1876, ch. 287, Sec. 5, 19 Stat.

169, cited as authority for former section 46 was repealed by

section 7(a) of the Act of Sept. 23, 1950.

In the last sentence, the word ''removed'' is substituted for

''summarily removed'' because of the provisions of the

Lloyd-LaFollette Act, 37 Stat. 555, as amended, and the Veterans'

Preference Act of 1944, 58 Stat. 387, as amended, which are carried

into this title.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 section 1916.

-CITE-

5 USC Sec. 3104 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart B - Employment and Retention

CHAPTER 31 - AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I - EMPLOYMENT AUTHORITIES

-HEAD-

Sec. 3104. Employment of specially qualified scientific and

professional personnel

-STATUTE-

(a) The Director of the Office of Personnel Management may

establish, and from time to time revise, the maximum number of

scientific or professional positions for carrying out research and

development functions which require the services of specially

qualified personnel which may be established outside of the General

Schedule. Any such position may be established by action of the

Director or, under such standards and procedures as the Office

prescribes (including procedures under which the prior approval of

the Director may be required), by agency action.

(b) The provisions of subsection (a) of this section shall not

apply to any Senior Executive Service position (as defined in

section 3132(a) of this title).

(c) In addition to the number of positions authorized by

subsection (a) of this section, the Librarian of Congress may

establish, without regard to the second sentence of subsection (a)

of this section, not more than 8 scientific or professional

positions to carry out the research and development functions of

the Library of Congress which require the services of specially

qualified personnel.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415; Pub. L. 90-83, Sec.

1(7), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-375, Sec. 6(c)(5),

Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454, title IV, Sec.

414(a)(2)(B), (C), title VIII, Sec. 801(a)(3)(C), Oct. 13, 1978, 92

Stat. 1178, 1221; Pub. L. 99-386, title I, Sec. 101(b), Aug. 22,

1986, 100 Stat. 821; Pub. L. 102-378, Sec. 2(7), Oct. 2, 1992, 106

Stat. 1346.)

-MISC1-

Historical and Revision Notes

1966 Act

---------------------------------------------------------------------

Derivation U.S. Code Revised Statutes and

Statutes at Large

---------------------------------------------------------------------

(a) 5 U.S.C. 1161 (less Oct. 4, 1961, Pub.

2d sentence of L. 87-367, Sec. 202

(g)). ''Sec. 1'', 75

Stat. 789. Oct. 11,

1962, Pub. L. 87-

793, Sec. 1001(a)(2)

''(g) (less 2d

sentence)'', 76

Stat. 863.

(b) 5 U.S.C. 1162(c). Oct. 4, 1961, Pub.

L. 87-367, Sec. 202

''Sec. 2(c)'', 75

Stat. 790.

(c) 5 U.S.C. 1163. Oct. 4, 1961, Pub.

L. 87-367, Sec. 202

''Sec. 3'', 75

Stat. 790.

-------------------------------

In subsection (a), the authority to fix pay is omitted and

carried into section 5361.

In subsection (b), the words ''subsequent to February 1, 1958''

appearing in former section 1162(c) are omitted as obsolete.

The Act of Aug. 1, 1947, ch. 433, 61 Stat. 715, as amended by the

following Acts is omitted from the derivation and repealed (see

Table II) as superseded by the Act of Oct. 4, 1961, Pub. L. 87-367,

Sec. 202, 75 Stat. 789, which is carried into this section and

sections 3325 and 5361:

June 24, 1948, ch. 624, 62 Stat. 604.

July 13, 1949, ch. 332, 63 Stat. 410.

July 31, 1956, ch. 804 Sec. 501(a), 70 Stat. 761.

Aug. 10, 1956, ch. 1041, Sec. 28, 70A Stat. 631.

June 20, 1958, Pub. L. 85-462, Sec. 12(a)-(d), 72 Stat. 213A.

Sept. 23, 1959, Pub. L. 86-370, Sec. 4, 73 Stat. 651.

Standard changes are made to conform with the definitions

applicable and the style of this title as outlined in the preface

to the report.

1967 Act

---------------------------------------------------------------------

Section of title 5 Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

3104(a)(5) 5 App.: 1161(e). July 5, 1966, Pub.

L. 89-492 Sec. 5,

80 Stat. 262.

-------------------------------

The amendment to 5 U.S.C. 3104(a)(5) reflects Public Law 89-492,

section 5.

The other amendments to 5 U.S.C. 3104 are based on section 302 of

the act of July 20, 1958, Public Law 85-568 (72 Stat. 433), 42

U.S.C. 2453, and transfer plan, effective March 15, 1960, 25

Federal Register 2151, section (2)(a)(2), (b) of which in effect

transferred from the Department of Defense to the National

Aeronautics and Space Administration 12 of the 450 scientific and

professional positions authorized by section 2 of Public Law 86-377

(10 U.S.C. 1581). Provisions relating to the date for reporting to

Congress are based on 10 U.S.C. 1582.

AMENDMENTS

1992 - Subsec. (a). Pub. L. 102-378 struck out ''(not to exceed

517)'' after ''positions'' in first sentence and amended second

sentence generally, substituting provisions authorizing

establishment of positions by Director and by agency action for

provisions specifying that only Director may establish positions.

1986 - Pub. L. 99-386 struck out subsec. (b) relating to reports

to Congress, redesignated pars. (1), (2), and (3) of subsec. (a) as

subsecs. (a), (b), and (c), respectively, and substituted

''subsection (a) of this section'' for ''paragraph (1) of this

subsection'' wherever appearing in subsecs. (b) and (c) as

redesignated.

1978 - Subsec. (a). Pub. L. 95-454, Sec. 414(a)(2)(B),

substituted provisions authorizing the Director to establish the

maximum number of scientific or professional positions, excepting

Senior Executive Service positions, and authorizing the Librarian

to establish not more than 8 such positions for provisions

authorizing the head of certain named agencies to establish a

specified number of scientific or professional positions.

Subsec. (b). Pub. L. 95-454, Sec. 414(a)(2)(B), (C), struck out

subsec. (b), redesignated subsec. (c) as (b), and substituted in

subsec. (b), as redesignated, ''to fix under section 5361 of this

title the pay for positions established under this section'' for

''to establish and fix the pay of positions under this section and

section 5361 of this title''.

Pub. L. 95-454, Sec. 801(a)(3)(C), substituted in subsec. (b), as

redesignated, ''section 5371 of this title'' for ''section 5361 of

this title''.

Subsec. (c). Pub. L. 95-454, Sec. 414(a)(2)(C)(i), redesignated

subsec. (c) as (b).

1970 - Subsec. (a)(5). Pub. L. 91-375 repealed provision for

employment in Post Office Department in scientific or professional

positions of not more than 6 qualified individuals.

EFFECTIVE DATE OF 1978 AMENDMENT

Amendment by section 801(a)(3)(C) of Pub. L. 95-454 effective on

first day of first applicable pay period beginning on or after 90th

day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95-454,

set out as an Effective Date note under section 5361 of this title.

Amendment by section 414(a)(2)(B), (C) of Pub. L. 95-454

effective 180 days after Oct. 13, 1978, see section 415(a)(3) of

Pub. L. 95-454, set out as an Effective Date note under section

3131 of this title.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-375 effective within 1 year after Aug.

12, 1970, on date established therefor by Board of Governors of

United States Postal Service and published by it in Federal

Register, see section 15(a) of Pub. L. 91-375, set out as an

Effective Date note preceding section 101 of Title 39, Postal

Service.

EXPERIMENTAL PERSONNEL PROGRAM FOR SCIENTIFIC AND TECHNICAL

PERSONNEL

Pub. L. 105-261, div. A, title XI, Sec. 1101, Oct. 17, 1998, 112

Stat. 2139, as amended by Pub. L. 106-65, div. A, title X, Sec.

1067(3), Oct. 5, 1999, 113 Stat. 774; Pub. L. 106-398, Sec. 1

((div. A) title X, Sec. 1087(d)(6), title XI, Sec. 1113), Oct. 30,

2000, 114 Stat. 1654, 1654A-293, 1654A-314, provided that:

''(a) Program Authorized. - During the program period specified

in subsection (e)(1), the Secretary of Defense may carry out a

program of experimental use of the special personnel management

authority provided in subsection (b) in order to facilitate

recruitment of eminent experts in science or engineering for

research and development projects administered by the Defense

Advanced Research Projects Agency and research and development

projects administered by laboratories designated for the program by

the Secretary from among the laboratories of each of the military

departments.

''(b) Special Personnel Management Authority. - Under the

program, the Secretary may -