There is no statutory limitation on the total number of SES positions.
However, the law (5 U.S.C. 3133) requires OPM to allocate "spaces" to
agency heads on a biennial cycle. Agencies can establish positions within
their allocation without further OPM approval. Flexibility has been built
into the process to allow for limited adjustments outside the biennial
cycle. However, agencies are expected to manage their executive resource
needs within the levels set during the biennial allocation process to
the extent possible (including "reprogramming" existing spaces to meet
high priority needs, and maintaining flexibility to meet unanticipated
needs). To facilitate strategic management of the Government's total executive
resources pool, OPM also uses the biennial schedule to allocate Senior
Level (SL) and Scientific/Professional (ST) spaces.
The number of permanent SES positions allocated for FY 2004/2005 is 7868.