5 U.S.C. § 3134: Limitations on noncareer and limited appointments

examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year. The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies. Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made. 25 percent of the total number of Senior Executive Service positions in the agency; or noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or 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. The total number of limited emergency appointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies.