PUBLIC LAW 95-454—OCT. 13, 1978 "(B) involve significant participation in the major political policies of the President; or "(C) require the senior executives in the positions to serve as personal assistants of, or advisers to, Presidential appointees. The Director shall provide a full explanation for his determination in each case.
- ^§3134. Limitations on noncareer and limited appointments
" (a) During each calendar year, each agency shall— " (1) examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and "(2) submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year. "(b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies. "(c) Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made. "(d) The number of Senior Executive Service positions in any agency which are filled by noncareer appointees may not at any time exceed the greater of— "(1) 25 percent of the total number of Senior Executive Service positions in the agency; or "(2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by— "(A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or "(B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the advice and consent of the Senate. This subsection shall not apply in the case of any agency having fewer than 4 Senior Executive Service positions. " (e) The total number of limited emergency appointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies. "§3135. Biennial report " (a) The Office of Persomiel Management shall submit to each House of the Congress, at the time the budget is submitted by the President to the Congress during each odd-numbered calendar year, a report on the Senior Executive Service. The report shall include— "(1) the number of Senior Executive Service positions authorized for the then current fiscal year, in the aggregate and by agency, and the projected number of Senior Executive Service positions to be authorized for the next two fiscal years, in the aggregate and by agency;
92 STAT. 1159
5 USC 3134.
5 CFR 305.101 et seq.
5 USC 5315, 5316
5 USC 3135. Report to Congress.
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