SEC.

Subpart B-Employment and Retention

CHAPTER 31-AUTHORITY FOR EMPLOYMENT

SUBCHAPTER I-EMPLOYMENT AUTHORITIES

3101. General authority to employ.

3102. Employment of personal assistants for handicapped employees, including blind and deaf employees.

3103. Employment at seat of Government only for services rendered.

3104. Employment of specially qualified scientific and professional personnel 3105. Appointment of administrative law judges.

3106. Employment of attorneys; restrictions.

3107. Employment of publicity experts; restrictions.

3108. Employment of detective agencies; restrictions.

3109. Employment of experts and consultants; temporary or intermittent. 3110. Employment of relatives; restrictions.

3111.

Acceptance of volunteer service.

3112. Disabled veterans; noncompetitive appointment.

SUBCHAPTER II-THE SENIOR EXECUTIVE SERVICE

3131. The Senior Executive Service.

3132.

Definitions and exclusions.

3133. Authorization of positions; authority for appointment. 3134. Limitations on noncareer and limited appointments. 3135. Biennial report.

3136.

Regulations.

SUBCHAPTER I-EMPLOYMENT AUTHORITIES

§ 3101. General authority to employ

Each Executive agency, military department, and the governme of the District of Columbia may employ such number of employees c the various classes recognized by chapter 51 of this title as Congres may appropriate for from year to year. (Pub. L. 89-554, Sept. 6, 19% 80 Stat. 414.)

§ 3102. Employment of personal assistants for handicapped en employees, including blind and deaf employees

(a) For the purpose of this section—

(1) "agency" means

(A) an Executive agency; and

(B) the Library of Congress;

(2) "handicapped employee" means an individual employed an agency who is blind or deaf or who otherwise qualifies as handicapped individual within the meaning of section 501 of th Rehabilitation Act of 1973 (29 U.S.C. 794); and

(3) "nonprofit organization" means an organization deta mined by the Secretary of the Treasury to be an organizati described in section 501 (c) of the Internal Revenue Code of 19 (26 U.S.C. 501(c)) which is exempt from taxation under secti 501 (a) of such Code.

(b) (1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties and who shall serve without pay from the agency, without regard to

(A) the provisions of this title governing appointment in the competitive service;

(B) chapter 51 and subchapter III of chapter 53 of this title; and

(C) section 3679 (b) of the Revised Statutes (31 U.S.C. 665 (b)).

Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.

(2) A personal assistant, including a reading or interpreting assistant, employed under this subsection may receive pay for services performed by the assistant from the handicapped employee or a nonprofit organization, without regard to section 209 of title 18.

(c) The head of each agency may also employ or assign one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties. Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.

(d) (1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee.

(2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection

(A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped emplovee; and (B) that individual shall be considered an employee, but only for purposes of chapter 81 of this title (relating to compensation for injury) and sections 2671 through 2680 of title 28 (relating to tort claims).

(e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assisance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently pplicable statutes and regulations. (Pub. L. 89-554, Sept. 6, 1966. 80 Stat. 414, amended Pub. L. 90-623, § 1(3), Oct. 22, 1968. 82 Stat. 1312; Pub. L. 95-454, § 302 (a), Oct. 13, 1978, 92 Stat. 1145; Pub. L. 96-54, Aug. 14, 1979; 93 Stat. 382; Pub. L. 96-523, Dec. 12, 1980, 94 Stat. 039.)

§ 3103. Employment at seat of Government only for services rendered

An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415.)

§ 3104. Employment of specially qualified scientific and profes sional personnel

(a) (1) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scien tific or professional positions (not to exceed 517) for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established only by actio of the Director.

(2) The provisions of paragraph (1) of this subsection shall not apply to any Senior Executive Service position (as defined in section 3132(a) of this title).

(3) In addition to the number of positions authorized by paragraph (1) of this subsection, the Librarian of Congress may establish, with out regard to the second sentence of paragraph (1) of this subsection not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress whic I require the services of specially qualified personnel.

(b) The head of each agency authorized to fix under section 5371 of this title the pay for positions established under this section shall submit to Congress not later than December 31 of each year (or in the case of the Administrator of the National Aeronautics and Space Ad ministration not later than February 1 of each year), a report setting forth

(1) the number of these positions established in his agency during that calendar year (or in the case of the National Aeronautics and Space Administration during the previous calendar year); and

(2) the name, rate of pay, and description of the qualifications of each incumbent, together with a statement of the functions performed by each.

When the head of such an agency considers full public report on thes items detrimental to the national security, he may omit the items from his annual report and, instead, present the information in executive session of such committee of a House of Congress as the presiding officer thereof may designate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat 415, amended Pub. L. 90-83, § 1(7), Sept. 11, 1967, 81 Stat. 196; Pub L. 91-375, § 6(c)(5), Aug. 12, 1970, 84 Stat. 776; Pub. L. 95-454 Oct. 13, 1978, 92 Stat. 1178 and 1221.)

$3105. Appointment of administrative law judges

Each agency shall appoint as many administrative law judges as ar necessary for proceedings required to be conducted in accordance with sections 556 and 557 of this title. Administrative law judges shall b assigned to cases in rotation so far as practicable, and may not perfor duties inconsistent with their duties and responsibilities as administra tive law judges. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 415; amended Pub. L. 95-251, Mar. 27, 1978, 92 Stat. 183.)

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06. Employment of attorneys; restrictions

xcept as otherwise authorized by law, the head of an Executive artment or military department may not employ an attorney or nsel for the conduct of litigation in which the United States, an ncy, or employee thereof is a party, or is interested, or for the securof evidence therefor, but shall refer the matter to the Department Justice. This section does not apply to the employment and payt of counsel under section 1037 of title 10. (Pub. L. 89-554, t. 6, 1966, 80 Stat. 415.)

07. Employment of publicity experts; restrictions

ppropriated funds may not be used to pay a publicity expert ess specifically appropriated for that purpose. (Pub. L. 89-554, t. 6, 1966, 80 Stat. 416.)

08. Employment of detective agencies; restrictions

n individual employed by the Pinkerton Detective Agency, or ilar organization, may not be employed by the Government of the ted States or the government of the District of Columbia. (Pub. L. 554, Sept. 6, 1966, 80 Stat. 416).

09. Employment of experts and consultants; temporary or intermittent

a) For the purpose of this section—

(1) "agency" has the meaning given it by section 5721 of this title; and

(2) "appropriation" includes funds made available by statute under section 849 of title 31.

b) When authorized by an appropriation or other statute, the d of an agency may procure by contract the temporary (not in ess of 1 year) or intermittent services of experts or consultants or organization thereof, including stenographic reporting services. vices procured under this section are without regard to

(1) the provisions of this title governing appointment in the competitive service;

(2) chapter 51 and subchapter III of chapter 53 of this title; and

(3) section 5 of title 41, except in the case of stenographic reporting services by an organization.

wever, an agency subject to chapter 51 and subchapter III of pter 53 of this title may pay a rate for services under this section excess of the daily equivalent of the highest rate payable under tion 5332 of this title only when specifically authorized by the propriation or other statute authorizing the procurement of the vices.

c) Positions in the Senior Executive Service may not be filled under authority of subsection (b) of this section. (Pub. L. 89-554, ot. 6, 1966, 80 Stat. 416; amended Pub. L. 95-454, Oct. 13, 1978, 92 it. 1160.)

110. Employment of relatives; restrictions

(a) For the purpose of this section-

(1) "agency" means

(A) an Executive agency;

(B) an office, agency, or other establishment in the legis lative branch;

(C) an office, agency, or other establishment in the judicia branch; and

(D) the government of the District of Columbia; (2) "public official" means an officer (including the Preside and a Member of Congress), a member of the uniformed servic an employee and any other individual, in whom is vested th authority by law, rule, or regulation, or to whom the author has been delegated, to appoint, employ, promote, or advance dividuals, or to recommend individuals for appointment, er ployment, promotion, or advancement, in connection w employment in an agency; and

(3) "relative" means, with respect to a public official, an ini vidual who is related to the public official as father, mother, daughter, brother, sister, uncle, aunt, first cousin, nephew, nie husband, wife, father-in-law, mother-in-law, son-in-law, daug ter-in-law brother-in-law, sister-in-law, stepfather, stepmothe stepson, stepdaughter, stepbrother, stepsister, half brother, t half sister.

(b) A public official may not appoint, employ, promote, advan or advocate for appointment, employment, promotion, or advan ment, in or to a civilian position in the agency in which he is servi, or over which he exercises jurisdiction or control any individual ▾ is a relative of the public official. An individual may not be appoint employed, promoted, or advanced in or to a civilian position in agency if such appointment, employment, promotion, or advancem has been advocated by a public official, serving in or exercising jur diction or control over the agency, who is a relative of the individ

(c) An individual appointed, employed, promoted, or advanced violation of this section is not entitled to pay, and money may not paid from the Treasury as pay to an individual so appointed, ployed, promoted, or advanced.

(d) The Office of Personnel Management may prescribe regulat authorizing the temporary employment, in the event of emergen resulting from natural disasters or similar unforeseen events or cumstances, of individuals whose employment would otherwise prohibited by this section.

(e) This section shall not be construed to prohibit the appr ment of an individual who is a preference eligible in any case in wh the passing over of that individual on a certificate of eligibles f nished under section 3317(a) of this title will result in the select for appointment of an individual who is not a preference elig (Added Pub. L. 90-206, § 221 (a), Dec. 16, 1967, 81 Stat. 640; amer Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1224.)

§ 3111. Acceptance of volunteer service

(a) For the purpose of this section, "student" means an individ who is enrolled, not less than half-time, in a high school, trade sch technical or vocational institute, junior college, college, university comparable recognized educational institution. An individual who student is deemed not to have ceased to be a student during an inte