---
kind: "range"
citation: "5 U.S.C. §§ 3132–3132"
title: "5"
from: "3132"
to: "3132"
count: 1
release: "119-102"
url: "https://uscodex.org/usc/5/3132..3132"
---

# §3132. Definitions and exclusions

- (a) For the purpose of this subchapter—
  - (1) “agency” means an [Executive agency](/usc/5/3330d.md?p=a-2-A), except a [Government corporation](/usc/5/103.md?p=1) and the Government Accountability Office, but does not include—
    - (A) any [agency](#a-1) or unit thereof excluded from coverage by the President under [subsection (c)](#c) of this section; or
    - (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence [Agency](#a-1), the Office of the Director of National Intelligence, the Defense Intelligence [Agency](#a-1), the National Geospatial-Intelligence [Agency](#a-1), the National Security [Agency](#a-1), Department of Defense intelligence activities the civilian [employees](/usc/5/5361.md?p=1) of which are subject to [section 1590 of title 10](/usc/10/1590.md), and, as determined by the President, an [Executive agency](/usc/5/3330d.md?p=a-2-A), or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;
    - (C) the Federal Election Commission or the Election Assistance Commission;
    - (D) 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](#a-1), the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;
    - (E) the Securities and Exchange Commission; or
    - (F) the Commodity Futures Trading Commission;
  - (2) “Senior Executive Service position” means any [position](/usc/5/5531.md?p=2) in an [agency](#a-1) which is classified above GS–15 pursuant to [section 5108](/usc/5/5108.md) or in level IV or V of the Executive Schedule, or an equivalent [position](/usc/5/5531.md?p=2), 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](/usc/5/5361.md?p=1)—
    - (A) directs the work of an organizational unit;
    - (B) is held accountable for the success of one or more specific programs or projects;
    - (C) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals;
    - (D) supervises the work of [employees](/usc/5/5361.md?p=1) other than personal assistants; or
    - (E) otherwise exercises important policy-making, policy-determining, or other executive functions;

    but does not include—

    - (i) any [position](/usc/5/5531.md?p=2) in the Foreign [Service](/usc/5/8331.md?p=12) of the United States;
    - (ii) an administrative law judge [position](/usc/5/5531.md?p=2) under [section 3105 of this title](/usc/5/3105.md);
    - (iii) any [position](/usc/5/5531.md?p=2) established as a qualified [position](/usc/5/5531.md?p=2) in the excepted [service](/usc/5/8331.md?p=12) by the Secretary of Homeland Security under section 226[^2] of the Homeland Security Act of 2002; or
    - (iv) any [position](/usc/5/5531.md?p=2) established as a qualified [position](/usc/5/5531.md?p=2) in the excepted [service](/usc/5/8331.md?p=12) by the Secretary of Defense under [section 1599f of title 10](/usc/10/1599f.md);
  - (3) “senior executive” means a [member](/usc/5/5531.md?p=1) of the Senior Executive [Service](/usc/5/8331.md?p=12);
  - (4) “career appointee” means an individual in a [Senior Executive Service position](#a-2) whose appointment to the [position](/usc/5/5531.md?p=2) or previous appointment to another [Senior Executive Service position](#a-2) was based on approval by the Office of Personnel Management of the executive qualifications of such individual;
  - (5) “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](#a-2) the duties of which will expire at the end of such term;
  - (6) “limited emergency appointee” means an individual appointed under a nonrenewable appointment, not to exceed 18 months, to a [Senior Executive Service position](#a-2) established to meet a bona fide, unanticipated, urgent need;
  - (7) “noncareer appointee” means an individual in a [Senior Executive Service position](#a-2) who is not a [career appointee](#a-4), a [limited term appointee](#a-5), or a [limited emergency appointee](#a-6);
  - (8) “career reserved position” means a [position](/usc/5/5531.md?p=2) which is required to be filled by a [career appointee](#a-4) and which is designated under [subsection (b)](#b) of this section; and
  - (9) “general position” means any [position](/usc/5/5531.md?p=2), other than a [career reserved position](#a-8), which may be filled by either a [career appointee](#a-4), [noncareer appointee](#a-7), [limited emergency appointee](#a-6), or [limited term appointee](#a-5).
- (b)
  - (1) For the purpose of [paragraph (8)](#a-8) of subsection (a) of this section, the Office shall prescribe the criteria and regulations governing the designation of [career reserved positions](#a-8). The criteria and regulations shall provide that a [position](/usc/5/5531.md?p=2) shall be designated as a [career reserved position](#a-8) only if the filling of the [position](/usc/5/5531.md?p=2) by a [career appointee](#a-4) is necessary to ensure impartiality, or the public’s confidence in the impartiality, of the Government. The head of each [agency](#a-1) shall be responsible for designating [career reserved positions](#a-8) in such [agency](#a-1) in accordance with such criteria and regulations.
  - (2) The Office shall periodically review [general positions](#a-9) to determine whether the [positions](/usc/5/5531.md?p=2) should be designated as career reserved. If the Office determines that any such [position](/usc/5/5531.md?p=2) should be so designated, it shall order the [agency](#a-1) to make the designation.
  - (3) Notwithstanding the provisions of any other law, any [position](/usc/5/5531.md?p=2) to be designated as a [Senior Executive Service position](#a-2) (except a [position](/usc/5/5531.md?p=2) in the Executive Office of the President) which—
    - (A) is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and
    - (B) on the day before the date of the enactment of the Civil [Service](/usc/5/8331.md?p=12) Reform Act of 1978 was specifically required under [section 2102 of this title](/usc/5/2102.md) or otherwise required by law to be in the competitive [service](/usc/5/8331.md?p=12),

    shall be designated as a [career reserved position](#a-8) if the [position](/usc/5/5531.md?p=2) entails direct responsibility to the public for the management or operation of particular government programs or functions.

  - (4) Not later than March 1 of each year, the head of each [agency](#a-1) shall publish in the Federal Register a list of [positions](/usc/5/5531.md?p=2) in the [agency](#a-1) which were [career reserved positions](#a-8) during the preceding calendar year.
- (c) An [agency](#a-1) 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—
  - (1) review the application and stated reasons,
  - (2) undertake a review to determine whether the [agency](#a-1) or unit should be excluded from the coverage of this subchapter, and
  - (3) upon completion of its review, recommend to the President whether the [agency](#a-1) or unit should be excluded from the coverage of this subchapter.

  If the Office recommends that an [agency](#a-1) 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](#a-1) or unit which is excluded from coverage under [subsection (c)](#c) of this section shall make a sustained effort to bring its personnel system into conformity with the [Senior Executive](#a-3) [Service](/usc/5/8331.md?p=12) to the extent practicable.
- (e) The Office may at any time recommend to the President that any exclusion previously granted to an [agency](#a-1) or unit thereof under [subsection (c)](#c) of this section be revoked. Upon recommendation of the Office, the President may revoke, by written determination, any exclusion made under [subsection (c)](#c) of this section.
- (f) If—
  - (1) any [agency](#a-1) is excluded under [subsection (c)](#c) of this section, or
  - (2) any exclusion is revoked under [subsection (e)](#e) of this section,

  the Office shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.