---
kind: "section"
citation: "5 U.S.C. § 3134"
title: "5"
title_heading: "Government Organization and Employees"
number: "3134"
heading: "Limitations on noncareer and limited appointments"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/3134"
units:
  - "Part III — Employees"
  - "Subpart B — Employment and Retention"
  - "Chapter 31 — Authority for Employment"
  - "Subchapter II — The Senior Executive Service"
---

# §3134. Limitations on noncareer and limited appointments

- (a) During each calendar year, each [agency](/usc/5/3132.md?p=a-1) shall—
  - (1) examine its needs for employment of [noncareer appointees](/usc/5/3132.md?p=a-7) for the fiscal year beginning in the following year; and
  - (2) submit to the [Office](/usc/5/5402.md?p=3) of Personnel Management, in accordance with regulations prescribed by the [Office](/usc/5/5402.md?p=3), a written request for [authority](/usc/5/7103.md?p=a-6) to employ a specific number of [noncareer appointees](/usc/5/3132.md?p=a-7) for such fiscal year.
- (b) The number of [noncareer appointees](/usc/5/3132.md?p=a-7) in each [agency](/usc/5/3132.md?p=a-1) shall be determined annually by the [Office](/usc/5/5402.md?p=3) on the basis of demonstrated need of the [agency](/usc/5/3132.md?p=a-1). The total number of [noncareer appointees](/usc/5/3132.md?p=a-7) in all [agencies](/usc/5/3132.md?p=a-1) may not exceed 10 percent of the total number of [Senior Executive Service positions](/usc/5/3132.md?p=a-2) in all [agencies](/usc/5/3132.md?p=a-1).
- (c) Subject to the 10 percent limitation of [subsection (b)](#b) of this section, the [Office](/usc/5/5402.md?p=3) may adjust the number of noncareer [positions](/usc/5/5102.md?p=a-3) authorized for any [agency](/usc/5/3132.md?p=a-1) under [subsection (b)](#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](/usc/5/3132.md?p=a-2) in any [agency](/usc/5/3132.md?p=a-1) which are filled by [noncareer appointees](/usc/5/3132.md?p=a-7) may not at any time exceed the greater of—
  - (1) 25 percent of the total number of [Senior Executive Service positions](/usc/5/3132.md?p=a-2) in the [agency](/usc/5/3132.md?p=a-1); or
  - (2) the number of [positions](/usc/5/5102.md?p=a-3) in the [agency](/usc/5/3132.md?p=a-1) which were filled on the date of the enactment of the Civil [Service](/usc/5/8401.md?p=26) Reform Act of 1978 by—
    - (A) noncareer executive assignments under subpart F of part [305](/usc/5/305.md) 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](/usc/5/3132.md?p=a-1) having fewer than 4 [Senior Executive Service positions](/usc/5/3132.md?p=a-2).

- (e) The total number of [limited emergency appointees](/usc/5/3132.md?p=a-6) and [limited term appointees](/usc/5/3132.md?p=a-5) in all [agencies](/usc/5/3132.md?p=a-1) may not exceed 5 percent of the total number of [Senior Executive Service positions](/usc/5/3132.md?p=a-2) in all [agencies](/usc/5/3132.md?p=a-1).

## Source credit

(Added Pub. L. 95–454, title IV, § 402(a), Oct. 13, 1978, 92 Stat. 1159.)

## Notes

### Editorial Notes

### References in Text

The date of enactment of the Civil Service Reform Act of 1978, referred to in subsec. (d)(2), is the date of enactment of Pub. L. 95–454, which was approved Oct. 13, 1978.

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

### Statutory Notes and Related Subsidiaries

### 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.