appropriate, the Director shall establish, by rule issued in accord with section 1103 (b) of this title, the number of positions out of total number of positions in the Senior Executive Service, as aut ized by this section or section 413 of the Civil Service Reform Ar 1978, which are to be career reserved positions. Except as provid paragraph (2) of this subsection, the number of positions required this subsection to be career reserved positions shall not be less than a number of the positions then in the Senior Executive Service . before the date of such Act, were authorized to be filled only thr competitive civil service examination. (2) The Director may, by rule, designate a number of career 4 served positions which is less than the number required by paragra (1) of this subsection only if the Director determines such lesser ber necessary in order to designate as general positions one or positions (other than positions described in section 3132 (b) (3) of title) which (A) involve policymaking responsibilities which require advocacy or management of programs of the President and port of controversial aspects of such programs; (B) involve significant participation in the major polit policies of the President; or (C) require the senior executives in the positions to serve personal assistants of, or advisers to, Presidential appointees. The Director shall provide a full explanation for his determinatio each case. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1158.) § 3134. Limitations on noncareer and limited appointments (a) During each calendar year, each agency shall— (1) examine its needs for employment of noncareer appoi for the fiscal year beginning in the following year; and (2) submit to the Office of Personnel Management, in ac ance with regulations prescribed by the Office, a written re for authority to employ a specific number of noncareer appoin for such fiscal year. (b) The number of noncareer appointees in each agency shall determined annually by the Office on the basis of demonstrated of the agency. The total number of noncareer appointees in all ag cies may not exceed 10 percent of the total number of Senior Exe tive Service positions in all agencies. (c) Subject to the 10 percent limitation of subsection (b) of: section, the Office may adjust the number of noncareer positions thorized for any agency under subsection (b) of this section emergency needs arise that were not anticipated when the origina'. thorizations were made. (d) The number of Senior Executive Service positions in agency which are filled by noncareer appointees may not at any exceed the greater of (1) 25 percent of the total number of Senior Executive Se ice positions in the agency; or (2) the number of positions in the agency which were fi. on the date of the enactment of the Civil Service Reform Act 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 han 4 Senior Executive Service positions. (e) The total number of limited emergency appointees and limited erm appointees in all agencies may not exceed 5 percent of the total umber of Senior Executive Service positions in all agencies (Pub. L. 5-454, Oct. 13, 1978, 92 Stat. 1159.) 3135. Biennial report (a) The Office of Personnel 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; (2) the authorized number of career appointees and noncareer appointees, in the aggregate and by agency, for the then current fiscal year; (3) the position titles and descriptions of Senior Executive Service positions designated for the then current fiscal year; (4) a description of each exclusion in effect under section 3132 (c) of this title during the preceding fiscal year; (5) the number of career appointees, limited term appointees, limited emergency appointees, and noncareer appointees, in the aggregate and by agency, employed during the preceding fiscal year; (6) the percentage of senior executives at each pay rate, in the aggregate and by agency, employed at the end of the preceding fiscal year; (7) the distribution and amount of performance awards, in the aggregate and by agency, paid during the preceding fiscal year; (8) the estimated number of career reserved positions which, during the two fiscal years following the then current fiscal year, will become general positions and the estimated number of general positions which during such two fiscal years, will become career reserved positions; and (9) such other information regarding the Senior Executive Service as the Office considers appropriate. (b) The Office of Personnel Management shall submit to each House the Congress, at the time the budget is submitted to the Congress ring each even-numbered calendar year, an interim report showing anges in matters required to be reported under subsection (a) of this tion. (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1159.) 57-903 O - 80 - 9 § 3136. Regulations The Office of Personnel Management shall prescribe regulations carry out the purpose of this subchapter. (Pub. L. 95-454, Oct. 1 1978, 92 Stat. 1159.) 303. 304. Competitive service; rules. Competitive service. recommendations of Senators or Representatives. 304a. Competitive service; career appointment after 3 years' temporary service. 305. Competitive service; examinations; when held. 306. [Repealed.] 307. Competitive service; maximum-age entrance requirements; exceptions. 308. Competitive service; examinations; educational requirements prohibited; exceptions. $309. 310. 311. 312. 313. Preference eligibles; examinations; additional points for. Preference eligibles; examinations; guards, elevator operators, messen- Preference eligibles; examinations; crediting experience. 3314. Registers; preference eligibles who resigned. 3315. Registers; preference eligibles furloughed or separated. 316. Preference eligibles; reinstatement. 3317. Competitive service; certification from registers. 3318. Competitive service; selection from certificates. 319. 320. 5321. 322. 5323. 3324. 3325. 3326. [Repealed.] Excepted service; government of the District of Columbia; selection. [Repealed.] Automatic separations; reappointment; reemployment of annuitants. Appointments to scientific and professional positions. Appointments of retired members of the armed forces to positions in the 327. Civil service employment information. SUBCHAPTER II-OATH OF OFFICE 3331. Oath of office. 332. 333. Officer affidavit ; no consideration paid for appointment. Employee affidavit; loyalty and striking against the Government. SUBCHAPTER III-DETAILS 341. 342. Details; within Executive or military department. 3343. Details; international organizations. 3344. Details; administrative law judges. 3345. Details; to office of head of Executive or military department. 3346. Details; to subordinate offices. 3347. Details; Presidential authority. 3348. Details; limited in time. 3349. Details; to fill vacancies; restrictions. SEC. SUBCHAPTER IV-TRANSFERS 3351. Preference eligibles; transfer; physical qualifications; waiver. SUBCHAPTER V-PROMOTION 3361. Promotion; competitive service; examination. 3362. Promotion; effect of incentive award. 3363. Preference eligibles; promotion; physical qualifications; waiver. 3364. [Repealed.] 3371. 3372. 3373. 3374. SUBCHAPTER VI-ASSIGNMENTS TO AND FROM STATES General provisions. Assignments of employees to State or local governments. SUBCHAPTER VIII-APPOINTMENT, REASSIGNMENT, TRANSFER, AN DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE 3395. 3396. Reassignment and transfer within the Senior Executive Service. 3397. Regulations. |