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veen school years if the interim is not more than 5 months and if individual shows to the satisfaction of the Office of Personnel agement that the individual has a bona fide intention of continuto pursue a course of study or training in the same or different edional institution during the school semester (or other period into ch the school year is divided) immediately after the interim. >) Notwithstanding section 3679 (b) of the Revised Statutes (31 .C. 665 (b)), the head of an agency may accept, subject to regulas issued by the Office, voluntary service for the United States if the

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(1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;

(2) is to be uncompensated; and

(3) will not be used to displace any employee.

) Any student who provides voluntary service under subsection of this section shall not be considered a Federal employee for any pose other than for purposes of chapter 81 of this title (relating ompensation for injury) and sections 2671 through 2680 of title relating to tort claims). (Added, Pub. L. 95-454, § 301 (a), Oct. 13, 3, 92 Stat. 1144.)

12. Disabled veterans; noncompetitive appointment

́nder such regulations as the Office of Personnel Management shall scribe, an agency may make a noncompetitive appointment leading onversion to career or career-conditional employment of a disabled ran who has a compensable service-connected disability of 30 peror more. (Added, Pub. L. 95-454, 92 Stat. 1147, Oct. 13, 1978.)

SUBCHAPTER II-THE SENIOR EXECUTIVE SERVICE

§ 3131. The Senior Executive Service

It is the purpose of this subchapter to establish a Senior Execut Service to ensure that the executive management of the Government the United States is responsive to the needs, policies, and goals of t.. Nation and otherwise is of the highest quality. The Senior Executi Service shall be administered so as to

(1) provide for a compensation system, including salaries, be fits, and incentives, and for other conditions of employment, signed to attract and retain highly competent senior executives: (2) ensure that compensation, retention, and tenure are cont: gent on executive success which is measured on the basis of in vidual and organizational performance (including such fac as improvements in efficiency, productivity, quality of work service, cost efficiency, and timeliness of performance and sur in meeting equal employment opportunity goals);

(3) assure that senior executives are accountable and respons for the effectiveness and productivity of employees under the (4) recognize exceptional accomplishment;

(5) enable the head of an agency to reassign senior executive best accomplish the agency's mission;

(6) provide for severance pay, early retirement, and placer assistance for senior executives who are removed from the Se Executive Service for nondisciplinary reasons:

(7) protect senior executives from arbitrary or capric actions;

(8) provide for program continuity and policy advocacy in management of public programs;

(9) maintain a merit personnel system free of prohibited sonnel practices;

(10) ensure accountability for honest, economical, and effic Government;

(11) ensure compliance with all applicable civil service t rules, and regulations, including those related to equal employ opportunity, political activity, and conflicts of interest;

(12) provide for the initial and continuing systematic devė ment of highly competent senior executives;

(13) provide for an executive system which is guided by public interest and free from improper political interference: (14) appoint career executives to fill Senior Executive Serf positions to the extent practicable, consistent with the effective efficient implementation of agency policies and responsibil (Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1154.)

32. Definitions and exclusions

a) For the purpose of this subchapter

(1) "agency" means an Executive agency, except a Government corporation and the General Accounting Office, but does not include

(A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or

(B) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities; or

(C) the Federal Election Commission;

(2) "Senior Executive Service position" means any position in an agency which is in GS-16, 17, or 18 of the General Schedule or in level IV or V of the Executive Schedule, or an 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;

(C) 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 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 a bona fide, unanticipated, urgent need;

(7) "noncareer appointee" means an individual in a Executive Service position who is not a career appointee, a lin term appointee, or a limited emergency appointee;

(8) career reserved position" means a position whic required to be filled by a career appointee and which is desig under subsection (b) of this section; and

(9) "general position" means any position, other than a r reserved position, which may be filled by either a career appor noncareer appointee, limited emergency appointee, or limited appointee.

(b) (1) For the purpose of paragraph (8) of subsection (1 this section, the Office shall prescribe the criteria and regulationszi erning the designation of career reserved positions. The criteria » regulations shall provide that a position shall be designated as a ¤° reserved position only if the filling of the position by a career app is necessary to ensure impartiality, or the public's confidence impartiality, of the Government. The head of each agency shi responsible for designating career reserved positions in such agen accordance with such criteria and regulations.

(2) The Office shall periodically review general positions to mine whether the positions should be designated as career rese If the Office determines that any such position should be so design it shall order the agency to make the designation.

(3) Notwithstanding the provisions of any other law, any post to be designated as a Senior Executive Service position (exe) position in the Executive Office of the President) which—

(A) is under the Executive Schedule, or for which the of basic pay is determined by reference to the Executive Sche and

(B) on the day before the date of the enactment of the Service Reform Act of 1978 was specifically required under tion 2102 of this title or otherwise required by law to be i competitive service,

shall be designated as a career reserved position if the position et direct responsibility to the public for the management or operatic particular government programs or functions.

(4) Not later than March 1 of each year, the head of each ag shall publish in the Federal Register a list of positions in the ag which were career reserved positions during the preceding cale

year.

(c) An agency may file an application with the Office setting f reasons why it, or a unit thereof, should be excluded from the cover of this subchapter. The Office shall

(1) review the application and stated reasons,

(2) undertake a review to determine whether the agency unit should be excluded from the coverage of this subchapter. (3) upon completion of its review, recommend to the Pr dent whether the agency or unit should be excluded from coverage of this subchapter.

If the Office recommends that an agency or unit thereof be excl from the coverage of this subchapter, the President may, on wri

ermination, make the exclusion for the period determined by the esident to be appropriate.

(d) Any agency or unit which is excluded from coverage under section (c) of this section shall make a sustained effort to bring its sonnel system into conformity with the Senior Executive Service the extent practicable.

(e) The Office may at any time recommend to the President that y exclusion previously granted to an agency or unit thereof under section (c) of this section be revoked. Upon recommendation of the ice, the President may revoke, by written determination, any exclun made under subsection (c) of this section.

f) If

(1) any agency is excluded under subsection (c) of this section, or

(2) any exclusion is revoked under subsection (e) of this section,

o Office shall, within 30 days after the action, transmit to the Coness written notice of the exclusion or revocation. (Pub. L. 95-454, t. 13, 1978, 92 Stat. 1155; amended Pub. L. 96-54, Aug. 14, 1979, Stat. 382; Pub. L. 96-187, 93 Stat. 1368.)

133. Authorization of positions; authority for appointment (a) During each even-numbered calendar year, each agency shall(1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and

(2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.

(b) Each agency request submitted under subsection (a) of this tion shall

(1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and

(2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions. (c) The Office of Personnel Management, in consultation with the fice of Management and Budget, shall review the request of each ency and shall authorize, for each of the 2 fiscal years covered by quests required under subsection (a) of this section, a specific numof Senior Executive Service positions for each agency. (d) (1) The Office of Personnel Management may, on a written quest of an agency or on its own initiative, make an adjustment in number of positions authorized for any agency. Each agency quest under this paragraph shall be submitted in such form, and ill be based on such factors, as the Office shall prescribe.

(2) The total number of positions in the Senior Executive Service y not at any time during any fiscal year exceed 105 percent of the al number of positions authorized under subsection (c) of this tion for such fiscal year.

(e) (1) Not later than July 1, 1979, and from time to time thereer as the Director of the Office of Personnel Management finds

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