Public Law 119-73 (01/23/2026)

5 U.S.C. § 3101

General authority to employ

Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by chapter 51 of this title as Congress may appropriate for from year to year.

Pub. L. 89–55480 Stat. 414(, , .)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 43.

R.S. § 169.

June 26, 1930, ch. 618, 46 Stat. 817.

 

5 U.S.C. 514d (2d par.).

Sept. 21, 1944, ch. 412, § 709, 58 Stat. 743.

63 Stat. 57863 Stat. 591Act of Oct. 28, 1949, ch. 782, § 1106(a)63 Stat. 972The authorization is restated to conform to the style of this title. The word “Executive agency” are substituted for “executive department, independent establishment” in view of the definitions in sections 103, 104, and 105. The source statute (an act to authorize the appointment of employees in the executive branch etc.) applied to the entire executive branch, and government corporations as well as other agencies in the executive branch were included within the words “independent establishment”. The words “or a military department” are inserted to preserve the application of the source statute. Before enactment of the National Security Act Amendments of 1949 (), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source statute for this subsection, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (), which is set out in the reviser’s note for section 301. The words “for services in the District of Columbia or elsewhere” are eliminated as surplusage. The reference to chapter 51 is substituted for the reference to the Classification Act of 1923 because the , , amended the section to refer to the Classification Act of 1949, which is carried into this title. The proviso in former section 43 and former section 514d (2d par.) are omitted as superseded by former section 22a, which is carried into section 302. The last sentence of the Act of , is omitted as executed.

Act of July 26, 1947, ch. 343, § 201(d)Aug. 10, 1949, ch. 412, § 463 Stat. 5795 U.S.C. 171–1This section was part of title IV of the Revised Statutes. The , as added , (former ), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Statutory Notes and Related Subsidiaries

Reports on Political Appointees Appointed to Nonpolitical Permanent Positions

Pub. L. 114–136, § 4130 Stat. 305

“(a)

Definitions .—

In this section—
“(1)
section 105 of title 5 the term ‘agency’ has the meaning given the term ‘Executive agency’ in , United States Code;
“(2)
section 2101 of title 5 the term ‘covered civil service position’ means a position in the civil service (as defined in , United States Code) that is not—
“(A)
a temporary position; or
“(B)
a political position;
“(3)
the term ‘former political appointee’ means an individual who—
“(A)
is not serving in an appointment to a political position; and
“(B)
served as a political appointee during the 5-year period ending on the date of the request for an appointment to a covered civil service position in any agency;
“(4)
the term ‘political appointee’ means an individual serving in an appointment to a political position; and
“(5)
the term ‘political position’ means—
“(A)
a position described under sections 5312 through 5316 of title 5, United States Code (relating to the Executive Schedule);
“(B)
section 3132(a) of title 5 a noncareer appointment in the Senior Executive Service, as defined under paragraph (7) of , United States Code; or
“(C)
a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5, Code of Federal Regulations.
“(b)

Reporting on Current or Recent Political Appointees Appointed to Covered Civil Service Positions.—

“(1)

Annual report .—

Except as provided in paragraph (2), the Director of the Office of Personnel Management shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives an annual report regarding requests by agencies to appoint political appointees or former political appointees to covered civil service positions. Each report shall cover one calendar year and shall—
“(A)
for each request by an agency that a political appointee be appointed to a covered civil service position during the period covered by the report, provide—
“(i)
the date on which the request was received by the Office of Personnel Management;
“(ii)
subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency;
“(iii)
the date on which the individual was first appointed to a political position in the agency in which the individual is serving as a political appointee;
“(iv)
the grade and rate of basic pay for the individual as a political appointee;
“(v)
the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual;
“(vi)
whether the Office of Personnel Management approved or denied the request; and
“(vii)
the date on which the individual was appointed to a covered civil service position, if applicable; and
“(B)
for each request by an agency that a former political appointee be appointed to a covered civil service position during the period covered by the report, provide—
“(i)
the date on which the request was received by the Office of Personnel Management;
“(ii)
subject to subsection (c), the name of the individual and the political position held by the individual, including title, office, and agency;
“(iii)
the date on which the individual was first appointed to any political position;
“(iv)
the grade and rate of basic pay for the individual as a political appointee;
“(v)
the date on which the individual ceased to serve in a political position;
“(vi)
the proposed covered civil service position, including title, office, and agency, and the proposed grade and rate of basic pay for the individual;
“(vii)
whether the Office of Personnel Management approved or denied the request; and
“(viii)
the date on which the individual was first appointed to a covered civil service position, if applicable.
“(2)

Quarterly report in certain years .—

In the last year of the term of a President, or, if applicable, the last year of the second consecutive term of a President, the report required under paragraph (1) shall be submitted quarterly and shall cover each quarter of the year, except that the last quarterly report shall also cover January 1 through 20 of the following year.
“(c)

Names and Titles of Certain Appointees .—

If determined appropriate by the Director of the Office of Personnel Management, a report submitted under subsection (b) may exclude the name or title of a political appointee or former political appointee—
“(1)
who—
“(A)
was requested to be appointed to a covered civil service position; and
“(B)
was not appointed to a covered civil service position; or
“(2)
relating to whom a request to be appointed to a covered civil service position is pending at the end of the period covered by that report.”
, , , provided that:

Reduction of Federal Full-Time Equivalent Positions

Pub. L. 103–226, § 5108 Stat. 115Pub. L. 103–329, title VI, § 631108 Stat. 2424Pub. L. 108–271, § 8(b)118 Stat. 814

“(a)

Definition .—

section 105 of title 5For the purpose of this section, the term ‘agency’ means an Executive agency (as defined by , United States Code), but does not include the Government Accountability Office.
“(b)

Limitations on Full-Time Equivalent Positions .—

The President, through the Office of Management and Budget (in consultation with the Office of Personnel Management), shall ensure that the total number of full-time equivalent positions in all agencies shall not exceed—
“(1)
2,084,600 during fiscal year 1994;
“(2)
2,043,300 during fiscal year 1995;
“(3)
2,003,300 during fiscal year 1996;
“(4)
1,963,300 during fiscal year 1997;
“(5)
1,922,300 during fiscal year 1998; and
“(6)
1,882,300 during fiscal year 1999.
“(c)

Monitoring and Notification .—

The Office of Management and Budget, after consultation with the Office of Personnel Management, shall—
“(1)
continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and
“(2)
notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met.
“(d)

Compliance .—

If, at any time during a fiscal year, the Office of Management and Budget notifies the President and the Congress that any requirement under subsection (b) is not met, no agency may hire any employee for any position in such agency until the Office of Management and Budget notifies the President and the Congress that the total number of full-time equivalent positions for all agencies equals or is less than the applicable number required under subsection (b).
“(e)

Waiver.—

“(1)

Emergencies .—

Any provision of this section may be waived upon a determination by the President that—
“(A)
the existence of a state of war or other national security concern so requires; or
“(B)
the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires.
“(2)

Agency efficiency or critical mission.—

“(A)
Subsection (d) may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires.
“(B)
Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection (b) are not exceeded.
“(f)

Employment Backfill Prevention.—

“(1)

In general .—

5 U.S.C. 5597The total number of funded employee positions in all agencies (excluding the Department of Defense and the Central Intelligence Agency) shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under section 3(a)–(e) [ note]. For purposes of this subsection, positions and vacancies shall be counted on a full-time-equivalent basis.
“(2)

Related restriction .—

No funds budgeted for and appropriated by any Act for salaries or expenses of positions eliminated under this subsection may be used for any purpose other than authorized separation costs.
“(3)

Applicability of backfill prevention provisions to agencies otherwise exempted from fte reduction.—

“(A)

In general .—

If any agency is otherwise exempted by any law from the limitations on full-time equivalent positions or the restrictions on hiring established by this section—
“(i)
paragraph (1) shall apply to vacancies created in such agency; and
“(ii)
the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency.
“(B)

Waiver authority .—

In the case of a particular position in an agency, subparagraph (A) may be waived upon a determination by the head of the agency that the performance of a critical agency mission requires the waiver.
“(C)

Relation to other law .—

No law may be construed as suspending or modifying this paragraph unless such law specifically amends this paragraph.
“(g)

Limitation on Procurement of Service Contracts .—

The President shall take appropriate action to ensure that there is no increase in the procurement of service contracts by reason of the enactment of this Act [see Tables for classification], except in cases in which a cost comparison demonstrates such contracts would be to the financial advantage of the Federal Government.”
, , , as amended by , , ; , , , provided that:

Limitation on Number of Civilian Employees in Executive Branch

Pub. L. 95–454, title III, § 31192 Stat. 1153, , , which provided that the total number of civilian employees in the executive branch, on , on , and , shall not exceed the number of such employees on , terminated by its own terms on .

Pub. L. 91–47, title V, § 50383 Stat. 83section 201 of Pub. L. 90–36482 Stat. 270, , , repealed , title II, , , which provided for limitation on the number of civilian officers and employees in the executive branch and which was formerly set out under this section.

Citizenship Requirement for Employees Compensated From Appropriated Funds

Pub. L. 118–47, div. B, title VII, § 704138 Stat. 573

8 U.S.C. 1324b(a)(3)(B)8 U.S.C. 11578 U.S.C. 1158ProvidedProvided furtherProvided furtherProvided furtherProvided furtherProvided furtherProvided further“Unless otherwise specified in law during the current fiscal year, no part of any appropriation contained in this or any other Act shall be used to pay the compensation of any officer or employee of the Government of the United States (including any agency the majority of the stock of which is owned by the Government of the United States) whose post of duty is in the continental United States unless such person: (1) is a citizen of the United States; (2) is a person who is lawfully admitted for permanent residence and is seeking citizenship as outlined in ; (3) is a person who is admitted as a refugee under or is granted asylum under and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person who owes allegiance to the United States: , That for purposes of this section, affidavits signed by any such person shall be considered prima facie evidence that the requirements of this section with respect to his or her status are being complied with: , That for purposes of paragraphs (2) and (3) such affidavits shall be submitted prior to employment and updated thereafter as necessary: , That any person making a false affidavit shall be guilty of a felony, and upon conviction, shall be fined no more than $4,000 or imprisoned for not more than 1 year, or both: , That the above penal clause shall be in addition to, and not in substitution for, any other provisions of existing law: , That any payment made to any officer or employee contrary to the provisions of this section shall be recoverable in action by the Federal Government: , That this section shall not apply to any person who is an officer or employee of the Government of the United States on the date of enactment of this Act [], or to international broadcasters employed by the Broadcasting Board of Governors [now the United States Agency for Global Media], or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of emergencies: , That this section does not apply to the employment as Wildland firefighters for not more than 120 days of nonresident aliens employed by the Department of the Interior or the USDA Forest Service pursuant to an agreement with another country.”
, , , provided that:

Similar provisions to those in the Citizenship Requirement for Employees Compensated From Appropriated Funds note above were contained in the following prior appropriation acts:

Pub. L. 117–328, div. E, title VII, § 704136 Stat. 4705, , .

Pub. L. 117–103, div. E, title VII, § 704136 Stat. 293, , .

Pub. L. 116–260, div. E, title VII, § 704134 Stat. 1430, , .

Pub. L. 116–93, div. C, title VII, § 704133 Stat. 2484, , .

Pub. L. 116–6, div. D, title VII, § 704133 Stat. 187, , .

Pub. L. 115–141, div. E, title VII, § 704132 Stat. 588, , .

Pub. L. 115–31, div. E, title VII, § 704131 Stat. 377, , .

Pub. L. 114–113, div. E, title VII, § 704129 Stat. 2473, , .

Pub. L. 113–235, div. E, title VII128 Stat. 2379, §§ 704, 750, , , 2392.

Pub. L. 113–76, div. E, title VII128 Stat. 231, §§ 704, 744, , , 243.

Pub. L. 112–74, div. C, title VII, § 704125 Stat. 929, , .

Pub. L. 111–117, div. C, title VII, § 704123 Stat. 3205, , .

Pub. L. 111–8, div. D, title VII, § 704123 Stat. 680, , .

Pub. L. 110–161, div. D, title VII, § 705121 Stat. 2019, , .

Pub. L. 109–115, div. A, title VIII, § 805119 Stat. 2496, , .

Pub. L. 108–447, div. H, title VI, § 605118 Stat. 3273, , .

Pub. L. 108–199, div. F, title VI, § 605118 Stat. 350, , .

Pub. L. 108–7, div. J, title VI, § 605117 Stat. 464, , .

Pub. L. 107–67, title VI, § 605115 Stat. 545Pub. L. 108–188, title I, § 110117 Stat. 2757, , , as amended by , , .

Pub. L. 106–554, § 1(a)(3) [title VI, § 605]114 Stat. 2763, , , 2763A–155.

Pub. L. 106–58, title VI, § 605113 Stat. 466, , .

Pub. L. 105–277, div. A, § 101(h) [title VI, § 606]112 Stat. 2681–480, , , 2681–513.

Pub. L. 105–61, title VI, § 606111 Stat. 1309, , .

Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 606]110 Stat. 3009–314, , , 3009–354.

Pub. L. 104–52, title VI, § 606109 Stat. 497, , .

Pub. L. 103–329, title VI, § 606108 Stat. 2416, , .

Pub. L. 103–123, title VI, § 606107 Stat. 1259, , .

Pub. L. 102–393, title VI, § 607106 Stat. 1766, , .

Pub. L. 102–141, title VI, § 607105 Stat. 868, , .

Pub. L. 101–509, title VI, § 603104 Stat. 1471, , .

Pub. L. 101–136, title VI, § 603103 Stat. 816, , .

Pub. L. 100–440, title VI, § 603102 Stat. 1751, , .

Pub. L. 100–202, § 101(m) [title VI, § 603]101 Stat. 1329–390, , , 1329–419.

Pub. L. 99–500, § 101(m) [title VI, § 603]100 Stat. 1783–308Pub. L. 99–591, § 101(m) [title VI, § 603]100 Stat. 3341–308, , , 1783–328, and , , , 3341–328.

Pub. L. 99–190, title I, § 101(h) [H.R. 3036, title VI, § 603]99 Stat. 1291, , .

Pub. L. 98–473, title I, § 101(j) [H.R. 5798, title VI, § 604]98 Stat. 1963, , .

Pub. L. 98–151, § 101(f) [H.R. 4139, title VI, § 603]97 Stat. 973, , .

Pub. L. 97–377, title I, § 101(a) [incorporating H.R. 4121, title VI, § 603, for FY 1982]96 Stat. 1830, , .

Pub. L. 97–92, § 101(a) [H.R. 4121, title VI, § 603]95 Stat. 1183, , .

Pub. L. 96–536, § 101(a) [incorporating Pub. L. 96–74, title VI, § 602]94 Stat. 3166, , .

Pub. L. 96–74, title VI, § 60293 Stat. 574, , .

Pub. L. 95–429, title VI, § 60292 Stat. 1015, , .

Pub. L. 95–81, title VI, § 60291 Stat. 354, , .

Pub. L. 94–419, title VII, § 75090 Stat. 1299, , .

Pub. L. 94–363, title VI, § 60290 Stat. 977, , .

Pub. L. 94–212, title VII, § 75390 Stat. 177, , .

Pub. L. 94–91, title VI, § 60289 Stat. 458, , .

Pub. L. 93–381, title VI, § 60288 Stat. 630, , .

Pub. L. 93–143, title VI, § 60287 Stat. 524, , .

Pub. L. 92–351, title VI, § 60286 Stat. 487, , .

Pub. L. 92–49, title VI, § 60285 Stat. 122, , .

Pub. L. 91–439, title V, § 50284 Stat. 902, , .

Pub. L. 91–144, title V, § 50283 Stat. 336, , .

Pub. L. 90–479, title V, § 50282 Stat. 717, , .

Pub. L. 90–147, title V, § 50281 Stat. 483, , .

Pub. L. 89–689, title V, § 50280 Stat. 1014, , .

Pub. L. 89–299, title V, § 50279 Stat. 1108, , .

Pub. L. 88–511, title V, § 50278 Stat. 693, , .

Pub. L. 88–257, title V, § 50277 Stat. 855, , .

Pub. L. 87–880, title V, § 50276 Stat. 1227, , .

Pub. L. 87–125, title V, § 50275 Stat. 282, , .

Pub. L. 86–642, title II, § 20274 Stat. 476, , .

Pub. L. 86–79, title II, § 20273 Stat. 165, , .

Pub. L. 85–468, title II, § 20272 Stat. 224, , .

Pub. L. 85–48, title II, § 20271 Stat. 53, , .

June 13, 1956, ch. 38570 Stat. 280, title II, § 202, .

June 29, 1955, ch. 22669 Stat. 195, title II, § 202, .

Aug. 26, 1954, ch. 93568 Stat. 828, Ch. XIII, § 1302, .

Aug. 7, 1953, ch. 34067 Stat. 435, Ch. XIII, § 1302, .

July 15, 1952, ch. 75866 Stat. 659, Ch. XIV, § 1402, .

Nov. 1, 1951, ch. 66465 Stat. 755, Ch. XIII, § 1302, .

Sept. 6, 1950, ch. 89764 Stat. 763, Ch. XII, § 1202, .

Aug. 24, 1949, ch. 50663 Stat. 661, title III, § 302, .

Apr. 20, 1948, ch. 21962 Stat. 193, title II, § 202, .

July 30, 1947, ch. 35961 Stat. 608, title II, § 202, .

Mar. 28, 1946, ch. 11360 Stat. 80, title II, § 206, .

May 3, 1945, ch. 10659 Stat. 132, title II, § 206, .

June 27, 1944, ch. 28658 Stat. 385, title II, § 205, .

June 26, 1943, ch. 14557 Stat. 196, title II, § 205, .

section 22 of Title 13Citizenship requirement for permanent officers and employees of Census Bureau, see , Census.

Exceptions to citizenship requirement for—

section 1584 of Title 10Department of Defense personnel, see , Armed Forces.

Department of State employees, see sections 2669, 2672 of Title 22, Foreign Relations and Intercourse.

section 7473 of Title 10Department of the Navy personnel, see .

section 169 of Title 2Library of Congress positions, see , The Congress.

section 20113 of Title 51National Aeronautics and Space Administration employees, see , National and Commercial Space Programs.

Employment of Personnel During National Emergency Proclaimed on

act Nov. 1, 1951, ch. 66465 Stat. 757June 5, 1952, ch. 36966 Stat. 122Sept. 1, 1954, ch. 120868 Stat. 1115Pub. L. 87–793, § 717(b)76 Stat. 858Pub. L. 89–11479 Stat. 448Pub. L. 90–105, § 381 Stat. 274Pub. L. 94–273, § 4(5)90 Stat. 377Pub. L. 94–412, title I, § 10190 Stat. 125550 U.S.C. 1601Section 1310 of , Ch. XIII, , as amended , Ch. XIII, § 1302, ; , title VI, § 602, ; , , ; , , ; , , ; , , , provided that, upon the enactment of this Act [] and until termination of the national emergency proclaimed by the President on , agencies shall use their authority to require initial appointment be made on other than a permanent basis to limit the number of permanent employees, the Civil Service Commission facilitate the transfer of Federal employees from nondefense to defense activities with reemployment rights and make use of its authority to prohibit excessively rapid promotions, and agencies review certain positions annually and report to Congressional committees. All powers and authorities under section 1310 of act , as amended, terminated 2 years from , pursuant to , , ().

Executive Documents

Ex. Ord. No. 12839. Reduction of 100,000 Federal Positions

Ex. Ord. No. 12839, , 58 F.R. 8515, provided:

section 301 of title 3section 3301 of title 5section 1111 of title 31By the authority vested in me as President by the Constitution and the laws of the United States of America, including , United States Code, , United States Code, and , United States Code, it is hereby ordered as follows:

SectionLimits on Hiring Civilian Personnel 1. . Each executive department or agency with over 100 employees shall eliminate not less than 4 percent of its civilian personnel positions (measured on a full-time equivalent (FTE) basis) over the next 3 fiscal years. The positions shall be vacated through attrition or early out programs established at the discretion of the department and agency heads. At least 10 percent of the reductions shall come from the Senior Executive Service, GS–15 and GS–14 levels or equivalent.

SecCoverage. 2. . This order applies to all executive branch departments and agencies with over 100 employees (measured on a FTE basis).

SecTarget Dates. 3. . Each department and agency shall achieve 25 percent of its total reductions by the end of fiscal year 1993, 62.5 percent by the end of fiscal year 1994, and 100 percent by the end of fiscal year 1995.

SecImplementation. 4. . The Director of the Office of Management and Budget shall issue detailed instructions regarding the implementation of this order, including exemptions necessary for the delivery of essential services and compliance with applicable law.

SecIndependent Agencies. 5. . All independent regulatory commissions and agencies are requested to comply with the provisions of this order.

William J. Clinton.

Freeze on Hiring of Federal Civilian Employees

Memorandum of the President of the United States, dated , 46 F.R. 9907, provided for a freeze on the hiring of Federal civilian employees in the executive branch.