---
kind: "section"
citation: "5 U.S.C. § 3132"
title: "5"
title_heading: "Government Organization and Employees"
number: "3132"
heading: "Definitions and exclusions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3132"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter II — The Senior Executive Service"
---

# §3132. Definitions and exclusions

- (a) For the purpose of this subchapter—
  - (1) “agency” means an [Executive agency](/usc/5/6501.md?p=2), except a [Government](/usc/5/4101.md?p=3) corporation and the [Government](/usc/5/4101.md?p=3) Accountability [Office](/usc/5/5402.md?p=3), 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](/usc/5/9801.md?p=1), the Central Intelligence [Agency](#a-1), the [Office](/usc/5/5402.md?p=3) of the [Director](/usc/5/8401.md?p=8) of National Intelligence, the Defense Intelligence [Agency](#a-1), the National Geospatial-Intelligence [Agency](#a-1), the National Security [Agency](#a-1), [Department](/usc/5/10101.md?p=4) of Defense intelligence activities the civilian [employees](/usc/5/4701.md?p=a-2) of which are subject to [section 1590 of title 10](/usc/10/1590.md), and, as determined by the President, an [Executive agency](/usc/5/6501.md?p=2), 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](/usc/5/5402.md?p=3) of the Comptroller of the Currency, the [Office](/usc/5/5402.md?p=3) of Thrift Supervision,,[^1] the Resolution Trust Corporation, the Farm Credit [Administration](/usc/5/9801.md?p=1), the Federal Housing Finance [Agency](#a-1), the National Credit Union [Administration](/usc/5/9801.md?p=1), the Bureau of Consumer Financial Protection, and the [Office](/usc/5/5402.md?p=3) 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/5/5102.md?p=a-3) 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/5/5102.md?p=a-3), 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/5/4701.md?p=a-2)—
    - (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/5/4701.md?p=a-2) 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/5/5102.md?p=a-3) in the Foreign [Service](/usc/5/8401.md?p=26) of the [United States](/usc/5/7103.md?p=a-18);
    - (ii) an administrative law judge [position](/usc/5/5102.md?p=a-3) under [section 3105 of this title](/usc/5/3105.md);
    - (iii) any [position](/usc/5/5102.md?p=a-3) established as a qualified [position](/usc/5/5102.md?p=a-3) in the excepted [service](/usc/5/8401.md?p=26) by the [Secretary](/usc/5/9901.md?p=2) of Homeland Security under section 226[^2] of the Homeland Security Act of 2002; or
    - (iv) any [position](/usc/5/5102.md?p=a-3) established as a qualified [position](/usc/5/5102.md?p=a-3) in the excepted [service](/usc/5/8401.md?p=26) by the [Secretary](/usc/5/9901.md?p=2) of Defense under [section 1599f of title 10](/usc/10/1599f.md);
  - (3) “senior executive” means a [member](/usc/5/8401.md?p=20) of the Senior Executive [Service](/usc/5/8401.md?p=26);
  - (4) “career appointee” means an individual in a [Senior Executive Service position](#a-2) whose appointment to the [position](/usc/5/5102.md?p=a-3) or previous appointment to another [Senior Executive Service position](#a-2) was based on approval by the [Office](/usc/5/5402.md?p=3) 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/5/5102.md?p=a-3) 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/5/5102.md?p=a-3), 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](/usc/5/5402.md?p=3) 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/5/5102.md?p=a-3) shall be designated as a [career reserved position](#a-8) only if the filling of the [position](/usc/5/5102.md?p=a-3) by a [career appointee](#a-4) is necessary to ensure impartiality, or the public’s confidence in the impartiality, of the [Government](/usc/5/4101.md?p=3). 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](/usc/5/5402.md?p=3) shall periodically review [general positions](#a-9) to determine whether the [positions](/usc/5/5102.md?p=a-3) should be designated as career reserved. If the [Office](/usc/5/5402.md?p=3) determines that any such [position](/usc/5/5102.md?p=a-3) 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/5/5102.md?p=a-3) to be designated as a [Senior Executive Service position](#a-2) (except a [position](/usc/5/5102.md?p=a-3) in the Executive [Office](/usc/5/5402.md?p=3) of the President) which—
    - (A) is under the Executive Schedule, or for which the rate of [basic pay](/usc/5/8401.md?p=4) is determined by reference to the Executive Schedule, and
    - (B) on the day before the date of the enactment of the Civil [Service](/usc/5/8401.md?p=26) 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/5/8401.md?p=26),

    shall be designated as a [career reserved position](#a-8) if the [position](/usc/5/5102.md?p=a-3) entails direct responsibility to the public for the management or operation of particular [government](/usc/5/4101.md?p=3) 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/5/5102.md?p=a-3) 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](/usc/5/5402.md?p=3) setting forth reasons why it, or a unit thereof, should be excluded from the coverage of this subchapter. The [Office](/usc/5/5402.md?p=3) 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](/usc/5/5402.md?p=3) 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](/usc/5/8401.md?p=29) into conformity with the [Senior Executive](#a-3) [Service](/usc/5/8401.md?p=26) to the extent practicable.
- (e) The [Office](/usc/5/5402.md?p=3) 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](/usc/5/5402.md?p=3), 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](/usc/5/5402.md?p=3) shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.


## Footnotes

[^1]: So in original.
[^2]: So in original. See References in Text note below.

## Source credit

(Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1155; amended Pub. L. 96–54, § 2(a)(12), Aug. 14, 1979, 93 Stat. 382; Pub. L. 96–187, title II, § 203, Jan. 8, 1980, 93 Stat. 1368; Pub. L. 100–325, § 2(c), May 30, 1988, 102 Stat. 581; Pub. L. 101–73, title VII, § 742(c), Aug. 9, 1989, 103 Stat. 437; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(A)], Nov. 5, 1990, 104 Stat. 1427, 1441; Pub. L. 101–624, title XVIII, § 1841, Nov. 28, 1990, 104 Stat. 3835; Pub. L. 102–496, title IV, § 402(b), Oct. 24, 1992, 106 Stat. 3184; Pub. L. 102–550, title XIII, § 1351(b), Oct. 28, 1992, 106 Stat. 3969; Pub. L. 103–359, title V, § 501(d), Oct. 14, 1994, 108 Stat. 3429; Pub. L. 104–201, div. A, title XI, § 1122(a)(1), Sept. 23, 1996, 110 Stat. 2687; Pub. L. 107–123, § 8(d)(1)(B), Jan. 16, 2002, 115 Stat. 2399; Pub. L. 107–171, title X, § 10702(c)(1), May 13, 2002, 116 Stat. 517; Pub. L. 107–252, title VIII, § 811(b), Oct. 29, 2002, 116 Stat. 1727; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 110–289, div. A, title I, § 1161(g)(2), July 30, 2008, 122 Stat. 2781; Pub. L. 110–417, [div. A], title IX, § 931(a)(1), Oct. 14, 2008, 122 Stat. 4575; Pub. L. 111–203, title I, § 152(d)(4), July 21, 2010, 124 Stat. 1414; Pub. L. 112–277, title V, § 505(b), Jan. 14, 2013, 126 Stat. 2478; Pub. L. 113–277, § 3(b), Dec. 18, 2014, 128 Stat. 3008; Pub. L. 114–92, div. A, title XI, § 1107(b), Nov. 25, 2015, 129 Stat. 1027.)

## Notes

### Editorial Notes

### References in Text

Level IV or V of the Executive Schedule, referred to in subsec. (a)(2), are set out in sections 5315 and 5316 of this title.

Section 226 of the Homeland Security Act of 2002, referred to in cl. (iii) of concluding provisions of subsec. (a)(2), probably means the section 226 of Pub. L. 107–296 as added by Pub. L. 113–277, § 3(a), Dec. 18, 2014, 128 Stat. 3005, which was renumbered section 2208 of Pub. L. 107–296 by Pub. L. 115–278, § 2(g)(2)(I), Nov. 16, 2018, 132 Stat. 4178, and is classified to section 658 of Title 6, Domestic Security.

The date of the enactment of the Civil Service Reform Act of 1978, referred to in subsec. (b)(3), is the date of the enactment of Pub. L. 95–454, which was approved Oct. 13, 1978.

### Amendments

2015—Subsec. (a)(2). Pub. L. 114–92 added cl. (iv) of concluding provisions.

2014—Subsec. (a)(2). Pub. L. 113–277 added cl. (iii) of concluding provisions.

2013—Subsec. (a)(1)(B). Pub. L. 112–277 inserted “the Office of the Director of National Intelligence,” after “the Central Intelligence Agency,”.

2010—Subsec. (a)(1)(D). Pub. L. 111–203 substituted “the National Credit Union Administration, the Bureau of Consumer Financial Protection, and the Office of Financial Research;” for “and the National Credit Union Administration;”.

2008—Subsec. (a)(1)(B). Pub. L. 110–417 substituted “National Geospatial-Intelligence Agency” for “National Imagery and Mapping Agency”.

Pub. L. 110–289, § 1161(g)(2)(A), substituted “, and” for “,, and”.

Subsec. (a)(1)(D). Pub. L. 110–289, § 1161(g)(2)(B), struck out “the Federal Housing Finance Board” after “the Office of Thrift Supervision,”, substituted “the Federal Housing Finance Agency” for “the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development”, and struck out “or or” at end.

Subsec. (a)(1)(E), (F). Pub. L. 110–289, § 1161(g)(2)(C), (D), inserted “or” at end of subpar. (E), relating to Securities and Exchange Commission, and redesignated subpar. (E), relating to Commodity Futures Trading Commission, as (F).

2004—Subsec. (a)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

2002—Subsec. (a)(1)(C). Pub. L. 107–252, § 811(b), inserted “or the Election Assistance Commission” after “Commission”.

Pub. L. 107–171, § 10702(c)(1)(A), which directed amendment by striking “or” at the end, could not be executed because the word “or” did not appear at the end. See below.

Pub. L. 107–123, § 8(d)(1)(B)(i), struck out “or” at end.

Subsec. (a)(1)(D). Pub. L. 107–171, § 10702(c)(1)(B), inserted “or” at end.

Pub. L. 107–123, § 8(d)(1)(B)(ii), inserted “or” at end.

Subsec. (a)(1)(E). Pub. L. 107–171, § 10702(c)(1)(C), added subpar. (E) relating to Commodity Futures Trading Commission.

Pub. L. 107–123, § 8(d)(1)(B)(iii), added subpar. (E) relating to the Securities and Exchange Commission.

1996—Subsec. (a)(1)(B). Pub. L. 104–201 substituted “National Imagery and Mapping Agency” for “Central Imagery Office”.

1994—Subsec. (a)(1)(B). Pub. L. 103–359 inserted “the Central Imagery Office,” after “Defense Intelligence Agency,”.

1992—Subsec. (a)(1)(B). Pub. L. 102–496 inserted “, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10,” after “National Security Agency”.

Subsec. (a)(1)(D). Pub. L. 102–550 inserted “the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development,” after “Farm Credit Administration,”.

1990—Subsec. (a)(1)(D). Pub. L. 101–624 inserted reference to Farm Credit Administration.

Subsec. (a)(2). Pub. L. 101–509 substituted “classified above GS–15 pursuant to section 5108” for “in GS–16, 17, or 18 of the General Schedule”.

1989—Subsec. (a)(1)(D). Pub. L. 101–73 added subpar. (D).

1988—Subsec. (a)(1)(B). Pub. L. 100–325, § 2(c)(1), inserted reference to Drug Enforcement Administration.

Subsec. (a)(2)(iii). Pub. L. 100–235, § 2(c)(2), struck out cl. (iii) which read as follows: “any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 note; 90 Stat. 2425);”.

1980—Subsec. (a)(1)(C). Pub. L. 96–187 added subpar. (C).

1979—Subsec. (a)(1)(B). Pub. L. 96–54 inserted “and,” after “Security Agency,”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

Amendment by Pub. L. 111–203 effective 1 day after July 21, 2010, except as otherwise provided, see section 4 of Pub. L. 111–203, set out as an Effective Date note under section 5301 of Title 12, Banks and Banking.

### Effective Date of 2008 Amendment

Pub. L. 110–289, div. A , title I, § 1163, July 30, 2008, 122 Stat. 2782, provided that: “Except as otherwise specifically provided in this title [see Tables for classification], this title and the amendments made by this title shall take effect on, and shall apply beginning on, the date of enactment of this Act [July 30, 2008].”

### Effective Date of 2002 Amendments

Amendment by Pub. L. 107–252 effective upon appointment of all members of the Election Assistance Commission under section 20923 of Title 52, Voting and Elections, see section 21134(a) of Title 52.

Amendment by Pub. L. 107–123 effective Oct. 1, 2001, see section 11 of Pub. L. 107–123, set out as a note under section 78ee of Title 15, Commerce and Trade.

### Effective Date of 1996 Amendment

Amendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 1124 of Pub. L. 104–201, set out as a note under section 193 of Title 10, Armed Forces.

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–187 effective on Jan. 8, 1980, see section 301(a) of Pub. L. 96–187, set out as a note under section 30101 of Title 52, Voting and Elections.

### 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

Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415(a)(1), (b), of Pub. L. 95–454, set out as a note under section 3131 of this title.

### Construction

Pub. L. 112–166, § 2(hh), Aug. 10, 2012, 126 Stat. 1290, provided that: “Notwithstanding section 3132(a)(2) of title 5, United States Code, removal of Senate confirmation for any position in this section shall not— result in any such position being placed in the Senior Executive Service; or alter compensation for any such position under the Executive Schedule or other applicable compensation provisions of law.”