Page:United States Statutes at Large Volume 92 Part 1.djvu/1211

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1157

reserved position only if the filling of the position by a career appointee is necessary to ensure impartiality, or the public's confidence in the impartiality, of the Government. The head of each agency shall be responsible for designating career reserved positions in such agency in accordance with such criteria and regulations. "(2) The Office shall periodically review general positions to determine whether the positions should be designated as career reserved. If the Office determines that any such position should be so designated, it shall order the agency to make the designation. "(3) Notwithstanding the provisions of any other law, any position to be designated as a Senior Executive Service position (except a position in the Executive Office of the President) which— "(A) is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and "(B) on the day before the date of the enactment of the Civil Service Reform Act of 1978 was specifically required under section 2102 of this title or otherwise required by law to be in the competitive service, shall be designated as a career reserved position if the position entails direct responsibility to the public for the management or operation of particular government programs or functions. "(4) Not later than March 1 of each year, the head of each agency shall publish in the Federal Register a list of positions in the agency which were career reserved positions during the preceding calendar year. "(c) An agency may file an application with the Office setting forth reasons why it, or a unit thereof, should be excluded from the coverage of this subchapter. The Office shall— "(1) review the application and stated reasons, "(2) undertake a review to determine whether the agency or unit should be excluded from the coverage of this subchapter, and "(3) upon completion of its review, recommend to the President whether the agency or unit should be excluded from the coverage of this subchapter. If the Office recommends that an agency or unit thereof be excluded from the coverage of this subchapter, the President may, on written determination, make the exclusion for the period determined by the President to be appropriate. "(d) Any agency or unit which is excluded from coverage under subsection (c) of this section shall make a sustained effort to oring its personnel system into conformity with the Senior Executive Service to the extent practicable. "(e) The Office may at any time recommend to the President that any exclusion previously granted to an agency or unit thereof under subsection (c) of this section be revoked. Upon recommendation of the Office, the President ma^ revoke, by written determination, any exclusion made under subsection (c) of this section. "(f) I f "(1) any agency is excluded under subsection (c) of this section, or "(2) any exclusion is revoked under subsection (e) of this section, the Office shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.

Review.

5 USC 5311.

Ante, p. 1111.

Publication in Federal Register.

Application for exclusion coverage.

I:}.q -.itin

Exclusion or revocation.

Written notice, transmittal to Congress.

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