Page:United States Statutes at Large Volume 92 Part 1.djvu/1210

 92 STAT. 1156

PUBLIC LAW 95-454—OCT. 13, 1978

"(2) 'Senior Executive Service position' means any position in an agency which is in GS-16, IT, or 18 of the General 5 USC 5332 note. Schedule or in level IV or V of the Executive Schedule, or an 5 USC 5315, equivalent position, which is not required to be filled by an ^^^^appointment by the President by and with the advice and consent of the Senate, and in which an employee— " (A) directs the work of an organizational unit; " (B) is held accountable for the success of one or more specific programs or projects; ' " ( ^) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals; " (D) supervises the work of employees other than personal assistants; or " (E) otherwise exercises important policy-making, policydetermining, or other executive functions; but does not include— "(i) any position in the Foreign Service of the United •' States; "(ii) an administrative law judge position under section 3105 of this title; or " (iii) any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (5 U.S.C. 5108 28use509note. note; 90 Stat. 2425); "(3) 'senior executive' means a member of the Senior Executive Service; " (4) 'career appointee' means an individual in a Senior Executive Service position whose appointment to the position or previous appointment to another Senior Executive Service position was based on approval by the Office of Personnel Management of the executive qualifications of such individual; "(5) 'limited term appointee' means an individual appointed under a nonrenewable appointment for a term of 3 years or less to a Senior Executive Service position the duties of which will expire at the end of such term; "(6) 'limited emergency appointee' means an individual appointed under a nonrenewable appointment, not to exceed 18 months, to a Senior Executive Service position established to meet .2t.l.-':>>'.•' / a bona fide, unanticipated, urgent need; "(7) 'noncareer appointee' means an individual in a Senior > Executive Service position who is not a career appointee, a limited term appointee, or a limited emergency appointee; "(8) 'career reserved position' means a position which is required to be filled by a career appointee and which is designated under subsection (b) of this section; and "(9) 'general position' means any position, other than a career reserved position, which may be filled by either a career appointee, noncareer appointee, limited emergency appointee, or limited term appointee. Criteria and "(b)(1) For the purpose of paragraph (8) of subsection (a) of regulations. this Section, the Office shall prescribe the criteria and regulations governing the desismation of career reserved positions. The criteria and regulations shall provide that a position shall be designated as a career

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